IIB 

110TH CONGRESS 

1ST SESSION H. R. 1 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2007 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To provide for the implementation of the recommendations 

of the National Commission on Terrorist Attacks Upon 

the United States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Implementing the 9/ 

3 11 Commission Recommendations Act of 2007’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—RISK-BASED ALLOCATION OF HOMELAND SECURITY 

GRANTS 

Sec. 101. First responders homeland security funding. 

TITLE II—ENSURING COMMUNICATIONS INTEROPERABILITY FOR 

FIRST RESPONDERS 

Sec. 201. Improve Communications for Emergency Response Grant Program. 

TITLE III—STRENGTHENING USE OF A UNIFIED INCIDENT 

COMMAND DURING EMERGENCIES 

Sec. 301. National exercise program design. 

Sec. 302. National exercise program model exercises. 

Sec. 303. Responsibilities of Regional Administrators of the Federal Emergency 

Management Agency. 

TITLE IV—STRENGTHENING AVIATION SECURITY 

Sec. 401. Installation of in-line baggage screening equipment. 

Sec. 402. Aviation security capital fund. 

Sec. 403. Airport checkpoint screening explosive detection. 

Sec. 404. Strengthening explosive detection at airport screening checkpoints. 

Sec. 405. Extension of authorization of aviation security funding. 

Sec. 406. Inspection of cargo carried aboard passenger aircraft. 

Sec. 407. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight. 

Sec. 408. Transportation Security Administration personnel management. 

Sec. 409. Strategic plan to test and implement advanced passenger 

prescreening system. 

TITLE V—STRENGTHENING THE SECURITY OF CARGO 

CONTAINERS 

Sec. 501. Requirements relating to entry of containers into the United States. 

TITLE VI—STRENGTHENING EFFORTS TO PREVENT TERRORIST 

TRAVEL 

Subtitle A—Human Smuggling and Trafficking Center Improvements 

Sec. 601. Strengthening the capabilities of the Human Smuggling and Trafficking Center. 


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Subtitle B—International Collaboration to Prevent Terrorist Travel 

Sec. 611. Report on international collaboration to increase border security, enhance global document security, and exchange terrorist information. 

Subtitle C—Biometric Border Entry and Exit System 

Sec. 621. Submittal of plan on biometric entry and exit verification system implementation. 

TITLE VII—IMPROVING INTELLIGENCE AND INFORMATION SHARING WITH LOCAL LAW ENFORCEMENT AND FIRST RESPONDERS 

Subtitle A—Fusion and Law Enforcement Education and Teaming (FLEET) 

Grant Program 

Sec. 701. Findings. 

Sec. 702. FLEET Grant program. 

Subtitle B—Border Intelligence Fusion Center Program 

Sec. 711. Findings. 

Sec. 712. Establishment of Border Intelligence Fusion Center Program. 

Subtitle C—Homeland Security Information Sharing Enhancement 

Sec. 721. Short title. 

Sec. 722. Homeland Security Advisory System. 

Sec. 723. Homeland security information sharing. 

Subtitle D—Homeland Security Information Sharing Partnerships 

Sec. 731. Short title. 

Sec. 732. State, Local, and Regional Information Fusion Center Initiative. 

Sec. 733. Homeland Security Information Sharing Fellows Program. 

Subtitle E—Homeland Security Intelligence Offices Reorganization 

Sec. 741. Departmental reorganization. 

Sec. 742. Intelligence components of Department of Homeland Security. 

Sec. 743. Office of Infrastructure Protection. 

TITLE VIII—PROTECTING PRIVACY AND CIVIL LIBERTIES WHILE 

EFFECTIVELY FIGHTING TERRORISM 

Subtitle A—Privacy and Civil Liberties Oversight Boards 

Sec. 801. Short title. 

Sec. 802. Findings. 

Sec. 803. Making the Privacy and Civil Liberties Oversight Board independent. 

Sec. 804. Requiring all members of the Privacy and Civil Liberties Oversight 

Board be confirmed by the Senate. 

Sec. 805. Subpoena power for the Privacy and Civil Liberties Oversight Board. 

Sec. 806. Reporting requirements. 

Subtitle B—Enhancement of Privacy Officer Authorities 

Sec. 811. Short title. 


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Sec. 812. Authorities of the privacy officer of the Department of Homeland Security. 

TITLE IX—IMPROVING CRITICAL INFRASTRUCTURE SECURITY 

Sec. 901. Vulnerability assessment and report on critical infrastructure information. 

Sec. 902. National Asset Database and the National At-Risk Database. 

TITLE X—TRANSPORTATION SECURITY PLANNING AND 

INFORMATION SHARING 

Sec. 1001. Strategic transportation security information sharing. 

Sec. 1002. Transportation security strategic planning. 

TITLE XI—PRIVATE SECTOR PREPAREDNESS 

Sec. 1101. Participation of private sector organizations in emergency preparedness and response activities. 

TITLE XII—PREVENTING WEAPONS OF MASS DESTRUCTION 

PROLIFERATION AND TERRORISM 

Sec. 1201. Findings. 

Sec. 1202. Definitions. 

Subtitle A—Repeal and Modification of Limitations on Assistance for 

Prevention of WMD Proliferation and Terrorism 

Sec. 1211. Repeal and modification of limitations on assistance for prevention 

of weapons of mass destruction proliferation and terrorism. 

Subtitle B—Proliferation Security Initiative 

Sec. 1221. Proliferation Security Initiative improvements and authorities. 

Sec. 1222. Authority to provide assistance to cooperative countries. 

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

Destruction Proliferation and Terrorism 

Sec. 1231. Findings; statement of policy. 

Sec. 1232. Authorization of appropriations for the Department of Defense Cooperative Threat Reduction Program. 

Sec. 1233. 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. 1241. Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. 

Sec. 1242. Request for corresponding Russian coordinator. 

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

Proliferation and Terrorism 

Sec. 1251. Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. 


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Sec. 1252. Purposes. 

Sec. 1253. Composition. 

Sec. 1254. Responsibilities. 

Sec. 1255. Powers. 

Sec. 1256. Nonapplicability of Federal Advisory Committee Act. 

Sec. 1257. Report. 

Sec. 1258. Termination. 

TITLE XIII—NUCLEAR BLACK MARKET COUNTER-TERRORISM 

ACT 

Sec. 1301. Short title. 

Sec. 1302. Definitions. 

Subtitle A—Sanctions for Transfers of Nuclear Enrichment, Reprocessing, 

and Weapons Technology, Equipment, and Materials Involving Foreign Persons and Terrorists 

Sec. 1311. Authority to impose sanctions on foreign persons. 

Sec. 1312. Presidential notification on activities of foreign persons. 

Subtitle B—Further Actions Against Corporations Associated With 

Sanctioned Foreign Persons 

Sec. 1321. Findings. 

Sec. 1322. Campaign by United States Government officials. 

Sec. 1323. Coordination. 

Sec. 1324. Report. 

Subtitle C—Rollback of Nuclear Proliferation Networks 

Sec. 1331. Nonproliferation as a condition of United States assistance. 

Sec. 1332. Report on identification of nuclear proliferation network host countries. 

Sec. 1333. Suspension of arms sales licenses and deliveries to nuclear proliferation host countries. 

TITLE XIV—9/11 COMMISSION INTERNATIONAL IMPLEMENTATION 

Sec. 1401. Short title; table of contents. 

Subtitle A—Quality Educational Opportunities in Arab and Predominantly 

Muslim Countries. 

Sec. 1411. Findings; Policy. 

Sec. 1412. International Arab and Muslim Youth Opportunity Fund. 

Sec. 1413. Annual report to Congress. 

Sec. 1414. Extension of program to provide grants to American-sponsored 

schools in Arab and predominantly Muslim Countries to provide scholarships. 

Subtitle B—Democracy and Development in Arab and Predominantly Muslim 

Countries 

Sec. 1421. Promoting democracy and development in the Middle East, Central 

Asia, South Asia, and Southeast Asia. 

Sec. 1422. Middle East Foundation. 

Subtitle C—Restoring United States Moral Leadership 


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Sec. 1431. Advancing United States interests through public diplomacy. 

Sec. 1432. Expansion of United States scholarship, exchange, and library programs in Arab and predominantly Muslim countries. 

Sec. 1433. United States policy toward detainees. 

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

Pakistan, and Saudi Arabia 

Sec. 1441. Afghanistan. 

Sec. 1442. Pakistan. 

Sec. 1443. Saudi Arabia. 

1 TITLE I—RISK-BASED ALLOCA2 TION OF HOMELAND SECU3 RITY GRANTS 

4 SEC. 101. FIRST RESPONDERS HOMELAND SECURITY FUND5 ING. 

6 (a) IN GENERAL.—The Homeland Security Act of 

7 2002 (Public Law 107–296; 6 U.S.C. 361 et seq.) is 

8 amended— 

9 (1) in section 1(b) in the table of contents by 

10 striking the items relating to the second title XVIII, 

11 as added by section 501(b)(3) of Public Law 109– 

12 347, and inserting the following: 

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 

‘‘Sec. 1901. Domestic Nuclear Detection Office. 

‘‘Sec. 1902. Mission of Office. 

‘‘Sec. 1904. Testing authority. 

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

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

13 (2) by redesignating the second title XVIII, as 

14 added by section 501(a) of Public Law 109–347, as 

15 title XIX; 

16 (3) in title XIX (as so redesignated)— 


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1 (A) by redesignating sections 1801 

2 through 1806 as sections 1901 through 1906, 

3 respectively; 

4 (B) in section 1904(a) (6 U.S.C. 594(a)), 

5 as so redesignated, by striking ‘‘section 1802’’ 

6 and inserting ‘‘section 1902’’; and 

7 (C) in section 1906 (6 U.S.C. 596), as so 

8 redesignated, by striking ‘‘section 1802(a)’’ 

9 each place it appears and inserting ‘‘section 

10 1902(a)’’; 

11 (4) in section 1(b) in the table of contents by 

12 adding at the end the following: 

‘‘TITLE XX—FUNDING FOR FIRST RESPONDERS 

‘‘Sec. 2001. Definitions. 

‘‘Sec. 2002. Faster and Smarter Funding for First Responders. 

‘‘Sec. 2003. Covered grant eligibility and criteria. 

‘‘Sec. 2004. Risk-based evaluation and prioritization. 

‘‘Sec. 2005. Use of funds and accountability requirements.’’; 

13 and 

14 (5) by adding at the end the following: 

15 ‘‘TITLE XX—FUNDING FOR FIRST 

16 RESPONDERS 

17 ‘‘SEC. 2001. DEFINITIONS. 

18 ‘‘In this title: 

19 ‘‘(1) COVERED GRANT.—The term ‘covered 

20 grant’ means any grant to which this title applies 

21 under section 2002. 


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1 ‘‘(2) DIRECTLY ELIGIBLE TRIBE.—The term 

2 ‘directly eligible tribe’ means any Indian tribe or 

3 consortium of Indian tribes that— 

4 ‘‘(A) meets the criteria for inclusion in the 

5 qualified applicant pool for Self-Governance 

6 that are set forth in section 402(c) of the In7 dian Self-Determination and Education Assist8 ance Act (25 U.S.C. 458bb(c)); 

9 ‘‘(B) employs at least 10 full-time per10 sonnel in a law enforcement or emergency re11 sponse agency with the capacity to respond to 

12 calls for law enforcement or emergency services; 

13 and 

14 ‘‘(C)(i) is located on, or within 5 miles of, 

15 an international border or waterway; 

16 ‘‘(ii) is located within 5 miles of a facility 

17 designated as high-risk critical infrastructure 

18 by the Secretary; 

19 ‘‘(iii) is located within or contiguous to one 

20 of the 50 largest metropolitan statistical areas 

21 in the United States; or 

22 ‘‘(iv) has more than 1,000 square miles of 

23 Indian country, as that term is defined in sec24 tion 1151 of title 18, United States Code. 


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1 ‘‘(3) ELEVATIONS IN THE THREAT ALERT

2 LEVEL.—The term ‘elevations in the threat alert 

3 level’ means any designation (including those that 

4 are less than national in scope) that raises the 

5 homeland security threat level to either the highest 

6 or second highest threat level under the Homeland 

7 Security Advisory System referred to in section 

8 201(d)(7). 

9 ‘‘(4) FIRST RESPONDER.—The term ‘first re10 sponder’ shall have the same meaning as the term 

11 ‘emergency response provider’. 

12 ‘‘(5) INDIAN TRIBE.—The term ‘Indian tribe’ 

13 means any Indian tribe, band, nation, or other orga14 nized group or community, including any Alaskan 

15 Native village or regional or village corporation as 

16 defined in or established pursuant to the Alaskan 

17 Native Claims Settlement Act (43 U.S.C. 1601 et 

18 seq.), that is recognized as eligible for the special 

19 programs and services provided by the United States 

20 to Indians because of their status as Indians. 

21 ‘‘(6) REGION.—The term ‘region’ means— 

22 ‘‘(A) any geographic area consisting of all 

23 or parts of 2 or more contiguous States that 

24 have a combined population of at least 

25 1,650,000 or have an area of not less than 


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1 20,000 square miles, and that, for purposes of 

2 an application for a covered grant, is rep3 resented by 1 or more governments or govern4 mental agencies within such geographic area, 

5 and that is established by law or by agreement 

6 of 2 or more such governments or governmental 

7 agencies in a mutual aid agreement; or 

8 ‘‘(B) any other combination of contiguous 

9 local government units (including such a com10 bination established by law or agreement of two 

11 or more governments or governmental agencies 

12 in a mutual aid agreement) that is formally cer13 tified by the Secretary as a region for purposes 

14 of this Act with the consent of— 

15 ‘‘(i) the State or States in which they 

16 are located, including a multi-State entity 

17 established by a compact between two or 

18 more States; and 

19 ‘‘(ii) the incorporated municipalities, 

20 counties, and parishes that they encom21 pass. 

22 ‘‘(7) TERRORISM PREPAREDNESS.—The term 

23 ‘terrorism preparedness’ means any activity designed 

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1 spond to, mitigate against, or recover from threat2 ened or actual terrorist attacks. 

3 ‘‘(8) CAPABILITIES.—The term ‘capabilities’ 

4 shall have the same meaning that term has under 

5 title VIII. 

6 ‘‘SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RE7 SPONDERS. 

8 ‘‘(a) COVERED GRANTS.—This title applies to grants 

9 provided by the Department to States, urban areas, re10 gions, or directly eligible tribes for the primary purpose 

11 of improving the ability of first responders to prevent, pre12 pare for, respond to, mitigate against, or recover from 

13 threatened or actual terrorist attacks, especially those in14 volving weapons of mass destruction, administered under 

15 the following: 

16 ‘‘(1) STATE HOMELAND SECURITY GRANT PRO17 GRAM.—The State Homeland Security Grant Pro18 gram of the Department, or any successor to such 

19 grant program. 

20 ‘‘(2) URBAN AREA SECURITY INITIATIVE.—The 

21 Urban Area Security Initiative of the Department, 

22 or any successor to such grant program. 

23 ‘‘(3) LAW ENFORCEMENT TERRORISM PREVEN24 TION PROGRAM.—The Law Enforcement Terrorism 


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1 Prevention Program of the Department, or any suc2 cessor to such grant program. 

3 ‘‘(b) EXCLUDED PROGRAMS.—This title does not 

4 apply to or otherwise affect the following Federal grant 

5 programs or any grant under such a program: 

6 ‘‘(1) NONDEPARTMENT PROGRAMS.—Any Fed7 eral grant program that is not administered by the 

8 Department. 

9 ‘‘(2) FIRE GRANT PROGRAMS.—The fire grant 

10 programs authorized by sections 33 and 34 of the 

11 Federal Fire Prevention and Control Act of 1974 

12 (15 U.S.C. 2229, 2229a). 

13 ‘‘(3) EMERGENCY MANAGEMENT PLANNING

14 AND ASSISTANCE ACCOUNT GRANTS.—The Emer15 gency Management Performance Grant program and 

16 the Urban Search and Rescue Grants program au17 thorized by title VI of the Robert T. Stafford Dis18 aster Relief and Emergency Assistance Act (42 

19 U.S.C. 5195 et seq.); the Departments of Veterans 

20 Affairs and Housing and Urban Development, and 

21 Independent Agencies Appropriations Act, 2000 

22 (113 Stat. 1047 et seq.); and the Earthquake Haz23 ards Reduction Act of 1977 (42 U.S.C. 7701 et 

24 seq.). 


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1 ‘‘SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA. 

2 ‘‘(a) GRANT ELIGIBILITY.— 

3 ‘‘(1) STATE, REGION, OR DIRECTLY ELIGIBLE

4 TRIBE.—Any State, region, or directly eligible tribe 

5 shall be eligible to apply for a covered grant under 

6 the programs referred to in paragraphs (1) and (3) 

7 of section 1802(a). 

8 ‘‘(2) HIGH-THREAT URBAN AREAS.—Any urban 

9 area that is determined by the Secretary to be a 

10 high-threat urban areas shall be eligible to apply for 

11 a covered grant referred to in paragraph (2) of sec12 tion 1802(a). 

13 ‘‘(b) GRANT CRITERIA.—The Secretary shall award 

14 covered grants to assist States and local governments in 

15 achieving, maintaining, and enhancing the capabilities for 

16 terrorism preparedness established by the Secretary. 

17 ‘‘(c) SUBMISSION OF STATE PREPAREDNESS RE18 PORT.— 

19 ‘‘(1) SUBMISSION REQUIRED.—The Secretary 

20 shall require that any State applying to the Sec21 retary for a covered grant must submit State Pre22 paredness Report specified in section 652(c) of the 

23 Department of Homeland Security Appropriations 

24 Act, 2007 (Public Law 109–295). 

25 ‘‘(2) CONSULTATION.—The State report sub26 mitted under paragraph (1) shall be developed in 


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1 consultation with and subject to appropriate com2 ment by local governments and first responders 

3 within the State. 

4 ‘‘(d) CONSISTENCY WITH STATE PLANS.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall ensure 

6 that each covered grant is used to supplement and 

7 support, in a consistent and coordinated manner, the 

8 applicable State homeland security report or plan. 

9 ‘‘(2) APPROVAL OF PLAN BY SECRETARY.—The 

10 Secretary may not award any covered grant to a 

11 State unless the Secretary has approved the applica12 ble State homeland security plan. 

13 ‘‘(3) REVISIONS.—A State may revise the appli14 cable State homeland security plan approved by the 

15 Secretary under this subsection, subject to approval 

16 of the revision by the Secretary. 

17 ‘‘(e) APPLICATION FOR GRANT.— 

18 ‘‘(1) IN GENERAL.—Except as otherwise pro19 vided in this subsection, any State, urban area, re20 gion, or directly eligible tribe may apply for a cov21 ered grant by submitting to the Secretary an appli22 cation at such time, in such manner, and containing 

23 such information as is required under this sub24 section, or as the Secretary may reasonably require. 


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1 ‘‘(2) DEADLINES FOR APPLICATIONS AND

2 AWARDS.—All applications for covered grants must 

3 be submitted at such time as the Secretary may rea4 sonably require for the fiscal year for which they are 

5 submitted. The Secretary shall award covered grants 

6 pursuant to all approved applications for such fiscal 

7 year as soon as practicable, but not later than 

8 March 1 of such year. 

9 ‘‘(3) AVAILABILITY OF FUNDS.—All funds 

10 awarded by the Secretary under covered grants in a 

11 fiscal year shall be available for obligation through 

12 the end of the subsequent fiscal year. 

13 ‘‘(4) MINIMUM CONTENTS OF APPLICATION.— 

14 The Secretary shall require that each applicant in15 clude in its application, at a minimum— 

16 ‘‘(A) the purpose for which the applicant 

17 seeks covered grant funds and the reasons why 

18 the applicant needs the covered grant to meet 

19 the capabilities for terrorism preparedness with20 in the State, urban area, region, or directly eli21 gible tribe to which the application pertains; 

22 ‘‘(B) a description of how, by reference to 

23 the applicable State homeland security plan or 

24 plans under subsection (c), the allocation of 

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1 cluding, where applicable, the amount not 

2 passed through under section 2005(g)(1), would 

3 assist in fulfilling the capabilities for terrorism 

4 preparedness specified in such plan or plans; 

5 ‘‘(C) a statement of whether a mutual aid 

6 agreement applies to the use of all or any por7 tion of the covered grant funds; 

8 ‘‘(D) if the applicant is a State, a descrip9 tion of how the State plans to allocate the cov10 ered grant funds to local governments and In11 dian tribes; 

12 ‘‘(E) if the applicant is a region— 

13 ‘‘(i) a precise geographical description 

14 of the region and a specification of all par15 ticipating and nonparticipating local gov16 ernments within the geographical area 

17 comprising that region; 

18 ‘‘(ii) a specification of what govern19 mental entity within the region will admin20 ister the expenditure of funds under the 

21 covered grant; and 

22 ‘‘(iii) a designation of a specific indi23 vidual to serve as regional liaison; 


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1 ‘‘(F) a capital budget showing how the ap2 plicant intends to allocate and expend the cov3 ered grant funds; 

4 ‘‘(G) if the applicant is a directly eligible 

5 tribe, a designation of a specific individual to 

6 serve as the tribal liaison; and 

7 ‘‘(H) a statement of how the applicant in8 tends to meet the matching requirement, if any, 

9 that applies under section 2005(g)(2). 

10 ‘‘(5) REGIONAL APPLICATIONS.— 

11 ‘‘(A) RELATIONSHIP TO STATE APPLICA12 TIONS.—A regional application— 

13 ‘‘(i) shall be coordinated with an ap14 plication submitted by the State or States 

15 of which such region is a part; 

16 ‘‘(ii) shall supplement and avoid dupli17 cation with such State application; and 

18 ‘‘(iii) shall address the unique regional 

19 aspects of such region’s terrorism pre20 paredness needs beyond those provided for 

21 in the application of such State or States. 

22 ‘‘(B) STATE REVIEW AND SUBMISSION.— 

23 To ensure the consistency required under sub24 section (d) and the coordination required under 

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1 cant that is a region must submit its applica2 tion to each State of which any part is included 

3 in the region for review and concurrence prior 

4 to the submission of such application to the 

5 Secretary. The regional application shall be 

6 transmitted to the Secretary through each such 

7 State within 30 days of its receipt, unless the 

8 Governor of such a State notifies the Secretary, 

9 in writing, that such regional application is in10 consistent with the State’s homeland security 

11 plan and provides an explanation of the reasons 

12 therefor. 

13 ‘‘(C) DISTRIBUTION OF REGIONAL

14 AWARDS.—If the Secretary approves a regional 

15 application, then the Secretary shall distribute 

16 a regional award to the State or States submit17 ting the applicable regional application under 

18 subparagraph (B), and each such State shall, 

19 not later than the end of the 45-day period be20 ginning on the date after receiving a regional 

21 award, pass through to the region all covered 

22 grant funds or resources purchased with such 

23 funds, except those funds necessary for the 

24 State to carry out its responsibilities with re25 spect to such regional application: Provided, 


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1 That in no such case shall the State or States 

2 pass through to the region less than 80 percent 

3 of the regional award. 

4 ‘‘(D) CERTIFICATIONS REGARDING DIS5 TRIBUTION OF GRANT FUNDS TO REGIONS.— 

6 Any State that receives a regional award under 

7 subparagraph (C) shall certify to the Secretary, 

8 by not later than 30 days after the expiration 

9 of the period described in subparagraph (C) 

10 with respect to the grant, that the State has 

11 made available to the region the required funds 

12 and resources in accordance with subparagraph 

13 (C). 

14 ‘‘(E) DIRECT PAYMENTS TO REGIONS.—If 

15 any State fails to pass through a regional 

16 award to a region as required by subparagraph 

17 (C) within 45 days after receiving such award 

18 and does not request or receive an extension of 

19 such period under section 2006(h)(2), the re20 gion may petition the Secretary to receive di21 rectly the portion of the regional award that is 

22 required to be passed through to such region 

23 under subparagraph (C). 


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1 ‘‘(F) REGIONAL LIAISONS.—A regional li2 aison designated under paragraph (4)(E)(iii) 

3 shall— 

4 ‘‘(i) coordinate with Federal, State, 

5 local, regional, and private officials within 

6 the region concerning terrorism prepared7 ness; 

8 ‘‘(ii) develop a process for receiving 

9 input from Federal, State, local, regional, 

10 and private sector officials within the re11 gion to assist in the development of the re12 gional application and to improve the re13 gion’s access to covered grants; and 

14 ‘‘(iii) administer, in consultation with 

15 State, local, regional, and private officials 

16 within the region, covered grants awarded 

17 to the region. 

18 ‘‘(6) TRIBAL APPLICATIONS.— 

19 ‘‘(A) SUBMISSION TO THE STATE OR

20 STATES.—To ensure the consistency required 

21 under subsection (d), an applicant that is a di22 rectly eligible tribe must submit its application 

23 to each State within the boundaries of which 

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1 mission to the Department along with the appli2 cation of such State or States. 

3 ‘‘(B) OPPORTUNITY FOR STATE COM4 MENT.—Before awarding any covered grant to 

5 a directly eligible tribe, the Secretary shall pro6 vide an opportunity to each State within the 

7 boundaries of which any part of such tribe is lo8 cated to comment to the Secretary on the con9 sistency of the tribe’s application with the 

10 State’s homeland security plan. Any such com11 ments shall be submitted to the Secretary con12 currently with the submission of the State and 

13 tribal applications. 

14 ‘‘(C) FINAL AUTHORITY.—The Secretary 

15 shall have final authority to determine the con16 sistency of any application of a directly eligible 

17 tribe with the applicable State homeland secu18 rity plan or plans, and to approve any applica19 tion of such tribe. The Secretary shall notify 

20 each State within the boundaries of which any 

21 part of such tribe is located of the approval of 

22 an application by such tribe. 

23 ‘‘(D) TRIBAL LIAISON.—A tribal liaison 

24 designated under paragraph (4)(G) shall— 


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1 ‘‘(i) coordinate with Federal, State, 

2 local, regional, and private officials con3 cerning terrorism preparedness; 

4 ‘‘(ii) develop a process for receiving 

5 input from Federal, State, local, regional, 

6 and private sector officials to assist in the 

7 development of the application of such 

8 tribe and to improve the tribe’s access to 

9 covered grants; and 

10 ‘‘(iii) administer, in consultation with 

11 State, local, regional, and private officials, 

12 covered grants awarded to such tribe. 

13 ‘‘(E) LIMITATION ON THE NUMBER OF DI14 RECT GRANTS.—The Secretary may make cov15 ered grants directly to not more than 20 di16 rectly eligible tribes per fiscal year. 

17 ‘‘(F) TRIBES NOT RECEIVING DIRECT

18 GRANTS.—An Indian tribe that does not receive 

19 a grant directly under this section is eligible to 

20 receive funds under a covered grant from the 

21 State or States within the boundaries of which 

22 any part of such tribe is located, consistent with 

23 the homeland security plan of the State as de24 scribed in subsection (c). If a State fails to 

25 comply with section 2006(g)(1), the tribe may 


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1 request payment under section 2006(h)(3) in 

2 the same manner as a local government. 

3 ‘‘(7) EQUIPMENT STANDARDS.—If an applicant 

4 for a covered grant proposes to upgrade or purchase, 

5 with assistance provided under the grant, new equip6 ment or systems that do not meet or exceed any ap7 plicable national voluntary consensus standards es8 tablished by the Secretary, the applicant shall in9 clude in the application an explanation of why such 

10 equipment or systems will serve the needs of the ap11 plicant better than equipment or systems that meet 

12 or exceed such standards. 

13 ‘‘SEC. 2004. RISK-BASED EVALUATION AND 

14 PRIORITIZATION. 

15 ‘‘(a) PRIORITIZATION OF GRANT APPLICATIONS.— 

16 ‘‘(1) FACTORS TO BE CONSIDERED.—The Sec17 retary shall evaluate and annually prioritize all 

18 pending applications for covered grants based upon 

19 the degree to which they would, by achieving, main20 taining, or enhancing the capabilities of the appli21 cants on a nationwide basis, lessen the threat to, 

22 vulnerability of, and consequences for persons (in23 cluding transient commuting and tourist popu24 lations) and critical infrastructure. Such evaluation 

25 and prioritization shall be based upon the most curVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 rent risk assessment available by the Office of Intel2 ligence Analysis and the Office of Infrastructure 

3 Protection of the threats of terrorism against the 

4 United States. In establishing criteria for evaluating 

5 and prioritizing applications for covered grants, the 

6 Secretary shall coordinate with the National Advi7 sory Council established under section 508, the Di8 rector of the Federal Emergency Management Agen9 cy, the United States Fire Administrator, the Chief 

10 Intelligence Officer of the Department, the Assistant 

11 Secretary for Infrastructure Protection, and other 

12 Department officials as determined by the Secretary. 

13 ‘‘(2) CRITICAL INFRASTRUCTURE SECTORS.— 

14 The Secretary specifically shall consider threats of 

15 terrorism against the following critical infrastructure 

16 sectors in all areas of the United States, urban and 

17 rural: 

18 ‘‘(A) Agriculture and food. 

19 ‘‘(B) Banking and finance. 

20 ‘‘(C) Chemical industries. 

21 ‘‘(D) The defense industrial base. 

22 ‘‘(E) Emergency services. 

23 ‘‘(F) Energy. 

24 ‘‘(G) Government facilities. 

25 ‘‘(H) Postal and shipping. 


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1 ‘‘(I) Public health and health care. 

2 ‘‘(J) Information technology. 

3 ‘‘(K) Telecommunications. 

4 ‘‘(L) Transportation systems. 

5 ‘‘(M) Water. 

6 ‘‘(N) Dams. 

7 ‘‘(O) Commercial facilities. 

8 ‘‘(P) National monuments and icons. 

9 The order in which the critical infrastructure sectors 

10 are listed in this paragraph shall not be construed 

11 as an order of priority for consideration of the im12 portance of such sectors. 

13 ‘‘(3) TYPES OF THREAT.—The Secretary spe14 cifically shall consider the following types of threat 

15 to the critical infrastructure sectors described in 

16 paragraph (2), and to populations in all areas of the 

17 United States, urban and rural: 

18 ‘‘(A) Biological threats. 

19 ‘‘(B) Nuclear threats. 

20 ‘‘(C) Radiological threats. 

21 ‘‘(D) Incendiary threats. 

22 ‘‘(E) Chemical threats. 

23 ‘‘(F) Explosives. 

24 ‘‘(G) Suicide bombers. 

25 ‘‘(H) Cyber threats. 


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1 ‘‘(I) Any other threats based on proximity 

2 to specific past acts of terrorism or the known 

3 activity of any terrorist group. 

4 The order in which the types of threat are listed in 

5 this paragraph shall not be construed as an order of 

6 priority for consideration of the importance of such 

7 threats. 

8 ‘‘(4) CONSIDERATION OF ADDITIONAL FAC9 TORS.—The Secretary shall take into account any 

10 other specific threat to a population (including a 

11 transient commuting or tourist population) or crit12 ical infrastructure sector that the Board has deter13 mined to exist. In evaluating the threat to a popu14 lation or critical infrastructure sector, the Secretary 

15 shall give greater weight to threats of terrorism 

16 based upon their specificity and credibility, including 

17 any pattern of repetition. 

18 ‘‘(5) MINIMUM AMOUNTS.—After evaluating 

19 and prioritizing grant applications under paragraph 

20 (1), the Department shall ensure that, for each fis21 cal year— 

22 ‘‘(A) each of the States, other than the 

23 Virgin Islands, American Samoa, Guam, and 

24 the Northern Mariana Islands, that has an ap25 proved State homeland security plan receives no 


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1 less than 0.25 percent of the funds available for 

2 covered grants for that fiscal year for purposes 

3 of implementing its homeland security plan; 

4 ‘‘(B) each of the States, other than the 

5 Virgin Islands, American Samoa, Guam, and 

6 the Northern Mariana Islands, that has an ap7 proved State homeland security plan and that 

8 meets one or both of the additional high-risk 

9 qualifying criteria under paragraph (6) receives 

10 no less than 0.45 percent of the funds available 

11 for covered grants for that fiscal year for pur12 poses of implementing its homeland security 

13 plan; 

14 ‘‘(C) the Virgin Islands, American Samoa, 

15 Guam, and the Northern Mariana Islands each 

16 receives no less than 0.08 percent of the funds 

17 available for covered grants for that fiscal year 

18 for purposes of implementing its approved State 

19 plan; and 

20 ‘‘(D) directly eligible tribes collectively re21 ceive no less than 0.08 percent of the funds 

22 available for covered grants for such fiscal year 

23 for purposes of addressing the needs identified 

24 in the applications of such tribes, consistent 

25 with the homeland security plan of each State 


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1 within the boundaries of which any part of any 

2 such tribe is located, except that this clause 

3 shall not apply with respect to funds available 

4 for a fiscal year if the Secretary receives less 

5 than 5 applications for such fiscal year from 

6 such tribes or does not approve at least one 

7 such application. 

8 ‘‘(6) ADDITIONAL HIGH-RISK QUALIFYING CRI9 TERIA.—For purposes of paragraph (5)(B), addi10 tional high-risk qualifying criteria consist of— 

11 ‘‘(A) having a significant international 

12 land border; or 

13 ‘‘(B) adjoining a body of water within 

14 North America through which an international 

15 boundary line extends. 

16 ‘‘(b) EFFECT OF REGIONAL AWARDS ON STATE MIN17 IMUM.—Any regional award, or portion thereof, provided 

18 to a State under section 2003(e)(5)(C) shall not be consid19 ered in calculating the minimum State award under sub20 section (a)(5) of this section. 

21 ‘‘(c) RELATIONSHIP TO OTHER PROGRAMS.—This 

22 section shall be carried out in consultation with the Sec23 retary of Health and Human Services. Nothing in this sec24 tion affects the scope of authority of the Secretary of 


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1 Health and Human Services, including such authority 

2 under the Public Health Service Act. 

3 ‘‘SEC. 2005. USE OF FUNDS AND ACCOUNTABILITY RE4 QUIREMENTS. 

5 ‘‘(a) IN GENERAL.—A covered grant may be used 

6 for— 

7 ‘‘(1) purchasing or upgrading equipment, in8 cluding computer hardware and software, to enhance 

9 terrorism preparedness; 

10 ‘‘(2) exercises to strengthen terrorism prepared11 ness; 

12 ‘‘(3) training for prevention (including detec13 tion) of, preparedness for, response to, or recovery 

14 from attacks involving weapons of mass destruction, 

15 including training in the use of equipment and com16 puter software; 

17 ‘‘(4) developing or updating State homeland se18 curity plans, risk assessments, mutual aid agree19 ments, and emergency management plans to enhance 

20 terrorism preparedness; 

21 ‘‘(5) establishing or enhancing mechanisms for 

22 sharing terrorism threat information; 

23 ‘‘(6) systems architecture and engineering, pro24 gram planning and management, strategy formula25 tion and strategic planning, life-cycle systems deVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 sign, product and technology evaluation, and proto2 type development for terrorism preparedness pur3 poses; 

4 ‘‘(7) additional personnel costs resulting from— 

5 ‘‘(A) elevations in the threat alert level of 

6 the Homeland Security Advisory System by the 

7 Secretary, or a similar elevation in threat alert 

8 level issued by a State, region, or local govern9 ment with the approval of the Secretary; 

10 ‘‘(B) travel to and participation in exer11 cises and training in the use of equipment and 

12 on prevention activities; 

13 ‘‘(C) the temporary replacement of per14 sonnel during any period of travel to and par15 ticipation in exercises and training in the use of 

16 equipment and on prevention activities; and 

17 ‘‘(D) the hiring of staff to serve as intel18 ligence analysts to strengthen information and 

19 intelligence sharing capabilities; 

20 ‘‘(8) the costs of equipment (including software) 

21 required to receive, transmit, handle, and store clas22 sified information; 

23 ‘‘(9) protecting critical infrastructure against 

24 potential attack by the addition of barriers, fences, 

25 gates, and other such devices that are constructed 


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1 consistent with the requirements of section 6(j)(9) of 

2 the Robert T. Stafford Disaster Relief and Emer3 gency Assistance Act (42 U.S.C. 5196(j)(9), except 

4 that the cost of such measures may not exceed the 

5 greater of— 

6 ‘‘(A) $1,000,000 per project; or 

7 ‘‘(B) such greater amount as may be ap8 proved by the Secretary, which may not exceed 

9 10 percent of the total amount of the covered 

10 grant; 

11 ‘‘(10) the costs of commercially available inter12 operable communications equipment (that, where ap13 plicable, is based on national, voluntary consensus 

14 standards) that the Secretary, in consultation with 

15 the Assistant Secretary for Emergency Communica16 tions, deems best suited to facilitate interoperability, 

17 coordination, and integration between and among 

18 emergency communications systems, and that com19 plies with prevailing grant guidance of the Depart20 ment for interoperable communications; 

21 ‘‘(11) educational curricula development for 

22 first responders to ensure that they are prepared for 

23 terrorist attacks; 

24 ‘‘(12) training and exercises to assist public ele25 mentary and secondary schools in developing and 


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1 implementing programs to instruct students regard2 ing age-appropriate skills to prevent, prepare for, re3 spond to, mitigate against, or recover from an act of 

4 terrorism; 

5 ‘‘(13) paying of administrative expenses directly 

6 related to administration of the grant, except that 

7 such expenses may not exceed 3 percent of the 

8 amount of the grant; 

9 ‘‘(14) Public safety answering points; 

10 ‘‘(15) paying for the conduct of any activity 

11 permitted under the Law Enforcement Terrorism 

12 Prevention Program, or any such successor to such 

13 program; and 

14 ‘‘(16) other appropriate activities as determined 

15 by the Secretary. 

16 ‘‘(b) PROHIBITED USES.—Funds provided as a cov17 ered grant may not be used— 

18 ‘‘(1) to supplant State or local funds; 

19 ‘‘(2) to construct buildings or other physical fa20 cilities; 

21 ‘‘(3) to acquire land; or 

22 ‘‘(4) for any State or local government cost23 sharing contribution. 


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1 ‘‘(c) INTELLIGENCE ANALYSTS.—An individual hired 

2 to serve as an intelligence analyst under subsection 

3 (a)(7)(D) must meet at least one of the following criteria: 

4 ‘‘(1) The individual has successfully completed 

5 training that meets the standards of the Inter6 national Association of Law Enforcement Intel7 ligence Analysts to ensure baseline proficiency in in8 telligence analysis and production. 

9 ‘‘(2) The individual has previously served in a 

10 Federal intelligence agency as an intelligence analyst 

11 for at least two years. 

12 ‘‘(d) MULTIPLE-PURPOSE FUNDS.—Nothing in this 

13 section shall be construed to preclude State and local gov14 ernments from using covered grant funds in a manner 

15 that also enhances first responder preparedness for emer16 gencies and disasters unrelated to acts of terrorism, if 

17 such use assists such governments in achieving capabilities 

18 for terrorism preparedness established by the Secretary. 

19 ‘‘(e) REIMBURSEMENT OF COSTS.— 

20 ‘‘(1) PAID-ON-CALL OR VOLUNTEER REIM21 BURSEMENT.—In addition to the activities described 

22 in subsection (a), a covered grant may be used to 

23 provide a reasonable stipend to paid-on-call or volun24 teer first responders who are not otherwise com25 pensated for travel to or participation in training 


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1 covered by this section. Any such reimbursement 

2 shall not be considered compensation for purposes of 

3 rendering such a first responder an employee under 

4 the Fair Labor Standards Act of 1938 (29 U.S.C. 

5 201 et seq.). 

6 ‘‘(2) PERFORMANCE OF FEDERAL DUTY.—An 

7 applicant for a covered grant may petition the Sec8 retary for the reimbursement of the cost of any ac9 tivity relating to prevention (including detection) of, 

10 preparedness for, response to, or recovery from acts 

11 of terrorism that is a Federal duty and usually per12 formed by a Federal agency, and that is being per13 formed by a State or local government (or both) 

14 under agreement with a Federal agency. 

15 ‘‘(f) ASSISTANCE REQUIREMENT.—The Secretary 

16 may not require that equipment paid for, wholly or in part, 

17 with funds provided as a covered grant be made available 

18 for responding to emergencies in surrounding States, re19 gions, and localities, unless the Secretary undertakes to 

20 pay the costs directly attributable to transporting and op21 erating such equipment during such response. 

22 ‘‘(g) FLEXIBILITY IN UNSPENT HOMELAND SECU23 RITY GRANT FUNDS.—Upon request by the recipient of 

24 a covered grant, the Secretary may authorize the grantee 

25 to transfer all or part of funds provided as the covered 


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1 grant from uses specified in the grant agreement to other 

2 uses authorized under this section, if the Secretary deter3 mines that such transfer is in the interests of homeland 

4 security. 

5 ‘‘(h) STATE, REGIONAL, AND TRIBAL RESPONSIBIL6 ITIES.— 

7 ‘‘(1) PASS-THROUGH.—The Secretary shall re8 quire a recipient of a covered grant that is a State 

9 to obligate or otherwise make available to local gov10 ernments, first responders, and other local groups, 

11 to the extent required under the State homeland se12 curity plan or plans specified in the application for 

13 the grant, not less than 80 percent of the grant 

14 funds, resources purchased with the grant funds 

15 having a value equal to at least 80 percent of the 

16 amount of the grant, or a combination thereof, by 

17 not later than the end of the 45-day period begin18 ning on the date the grant recipient receives the 

19 grant funds. 

20 ‘‘(2) COST SHARING.— 

21 ‘‘(A) IN GENERAL.—The Federal share of 

22 the costs of an activity carried out with a cov23 ered grant to a State, region, or directly eligible 

24 tribe awarded after the 2-year period beginning 


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1 on the date of the enactment of this section 

2 shall not exceed 75 percent. 

3 ‘‘(B) INTERIM RULE.—The Federal share 

4 of the costs of an activity carried out with a 

5 covered grant awarded before the end of the 2- 

6 year period beginning on the date of the enact7 ment of this section shall be 100 percent. 

8 ‘‘(C) IN-KIND MATCHING.—Each recipient 

9 of a covered grant may meet the matching re10 quirement under subparagraph (A) by making 

11 in-kind contributions of goods or services that 

12 are directly linked with the purpose for which 

13 the grant is made, including, but not limited to, 

14 any necessary personnel overtime, contractor 

15 services, administrative costs, equipment fuel 

16 and maintenance, and rental space. 

17 ‘‘(3) CERTIFICATIONS REGARDING DISTRIBU18 TION OF GRANT FUNDS TO LOCAL GOVERNMENTS.— 

19 Any State that receives a covered grant shall certify 

20 to the Secretary, by not later than 30 days after the 

21 expiration of the period described in paragraph (1) 

22 with respect to the grant, that the State has made 

23 available for expenditure by local governments, first 

24 responders, and other local groups the required 

25 amount of grant funds pursuant to paragraph (1). 


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1 ‘‘(4) QUARTERLY REPORT ON HOMELAND SECU2 RITY SPENDING.—The Federal share described in 

3 paragraph (2)(A) may be increased by up to 2 per4 cent for any State, region, or directly eligible tribe 

5 that, not later than 30 days after the end of each 

6 fiscal quarter, submits to the Secretary a report on 

7 that fiscal quarter. Each such report must include, 

8 for each recipient of a covered grant or a pass9 through under paragraph (1)— 

10 ‘‘(A) the amount obligated to that recipient 

11 in that quarter; 

12 ‘‘(B) the amount expended by that recipi13 ent in that quarter; and 

14 ‘‘(C) a summary description of the items 

15 purchased by such recipient with such amount. 

16 ‘‘(5) ANNUAL REPORT ON HOMELAND SECU17 RITY SPENDING.—Each recipient of a covered grant 

18 shall submit an annual report to the Secretary not 

19 later than 60 days after the end of each Federal fis20 cal year. Each recipient of a covered grant that is 

21 a region must simultaneously submit its report to 

22 each State of which any part is included in the re23 gion. Each recipient of a covered grant that is a di24 rectly eligible tribe must simultaneously submit its 

25 report to each State within the boundaries of which 


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1 any part of such tribe is located. Each report must 

2 include the following: 

3 ‘‘(A) The amount, ultimate recipients, and 

4 dates of receipt of all funds received under the 

5 grant during the previous fiscal year. 

6 ‘‘(B) The amount and the dates of dis7 bursements of all such funds expended in com8 pliance with paragraph (1) or pursuant to mu9 tual aid agreements or other sharing arrange10 ments that apply within the State, region, or di11 rectly eligible tribe, as applicable, during the 

12 previous fiscal year. 

13 ‘‘(C) How the funds were utilized by each 

14 ultimate recipient or beneficiary during the pre15 ceding fiscal year. 

16 ‘‘(D) The extent to which capabilities iden17 tified in the applicable State homeland security 

18 plan or plans were achieved, maintained, or en19 hanced as the result of the expenditure of grant 

20 funds during the preceding fiscal year. 

21 ‘‘(E) The extent to which capabilities iden22 tified in the applicable State homeland security 

23 plan or plans remain unmet. 

24 ‘‘(6) INCLUSION OF RESTRICTED ANNEXES.—A 

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1 retary an annex to the annual report under para2 graph (5) that is subject to appropriate handling re3 strictions, if the recipient believes that discussion in 

4 the report of unmet needs would reveal sensitive but 

5 unclassified information. 

6 ‘‘(i) INCENTIVES TO EFFICIENT ADMINISTRATION OF

7 HOMELAND SECURITY GRANTS.— 

8 ‘‘(1) PENALTIES FOR DELAY IN PASSING

9 THROUGH LOCAL SHARE.—If a recipient of a cov10 ered grant that is a State fails to pass through to 

11 local governments, first responders, and other local 

12 groups funds or resources required by subsection 

13 (g)(1) within 45 days after receiving funds under 

14 the grant, the Secretary may— 

15 ‘‘(A) reduce grant payments to the grant 

16 recipient from the portion of grant funds that 

17 is not required to be passed through under sub18 section (g)(1); 

19 ‘‘(B) terminate payment of funds under 

20 the grant to the recipient, and transfer the ap21 propriate portion of those funds directly to local 

22 first responders that were intended to receive 

23 funding under that grant; or 


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1 ‘‘(C) impose additional restrictions or bur2 dens on the recipient’s use of funds under the 

3 grant, which may include— 

4 ‘‘(i) prohibiting use of such funds to 

5 pay the grant recipient’s grant-related 

6 overtime or other expenses; 

7 ‘‘(ii) requiring the grant recipient to 

8 distribute to local government beneficiaries 

9 all or a portion of grant funds that are not 

10 required to be passed through under sub11 section (g)(1); or 

12 ‘‘(iii) for each day that the grant re13 cipient fails to pass through funds or re14 sources in accordance with subsection 

15 (g)(1), reducing grant payments to the 

16 grant recipient from the portion of grant 

17 funds that is not required to be passed 

18 through under subsection (g)(1), except 

19 that the total amount of such reduction 

20 may not exceed 20 percent of the total 

21 amount of the grant. 

22 ‘‘(2) EXTENSION OF PERIOD.—The Governor of 

23 a State may request in writing that the Secretary 

24 extend the 45-day period under section 

25 2003(e)(5)(E) or paragraph (1) for an additional 


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1 15-day period. The Secretary may approve such a 

2 request, and may extend such period for additional 

3 15-day periods, if the Secretary determines that the 

4 resulting delay in providing grant funding to the 

5 local government entities that will receive funding 

6 under the grant will not have a significant detri7 mental impact on such entities’ terrorism prepared8 ness efforts. 

9 ‘‘(3) PROVISION OF NON-LOCAL SHARE TO

10 LOCAL GOVERNMENT.— 

11 ‘‘(A) IN GENERAL.—The Secretary may 

12 upon request by a local government pay to the 

13 local government a portion of the amount of a 

14 covered grant awarded to a State in which the 

15 local government is located, if— 

16 ‘‘(i) the local government will use the 

17 amount paid to expedite planned enhance18 ments to its terrorism preparedness as de19 scribed in any applicable State homeland 

20 security plan or plans; 

21 ‘‘(ii) the State has failed to pass 

22 through funds or resources in accordance 

23 with subsection (g)(1); and 

24 ‘‘(iii) the local government complies 

25 with subparagraphs (B) and (C). 


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1 ‘‘(B) SHOWING REQUIRED.—To receive a 

2 payment under this paragraph, a local govern3 ment must demonstrate that— 

4 ‘‘(i) it is identified explicitly as an ul5 timate recipient or intended beneficiary in 

6 the approved grant application; 

7 ‘‘(ii) it was intended by the grantee to 

8 receive a severable portion of the overall 

9 grant for a specific purpose that is identi10 fied in the grant application; 

11 ‘‘(iii) it petitioned the grantee for the 

12 funds or resources after expiration of the 

13 period within which the funds or resources 

14 were required to be passed through under 

15 subsection (g)(1); and 

16 ‘‘(iv) it did not receive the portion of 

17 the overall grant that was earmarked or 

18 designated for its use or benefit. 

19 ‘‘(C) EFFECT OF PAYMENT.—Payment of 

20 grant funds to a local government under this 

21 paragraph— 

22 ‘‘(i) shall not affect any payment to 

23 another local government under this para24 graph; and 


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1 ‘‘(ii) shall not prejudice consideration 

2 of a request for payment under this para3 graph that is submitted by another local 

4 government. 

5 ‘‘(D) DEADLINE FOR ACTION BY SEC6 RETARY.—The Secretary shall approve or dis7 approve each request for payment under this 

8 paragraph by not later than 15 days after the 

9 date the request is received by the Department. 

10 ‘‘(j) REPORTS TO CONGRESS.—The Secretary shall 

11 submit an annual report to Congress by January 31 of 

12 each year covering the preceding fiscal year— 

13 ‘‘(1) describing in detail the amount of Federal 

14 funds provided as covered grants that were directed 

15 to each State, region, and directly eligible tribe in 

16 the preceding fiscal year; 

17 ‘‘(2) containing information on the use of such 

18 grant funds by grantees; and 

19 ‘‘(3) describing— 

20 ‘‘(A) the Nation’s progress in achieving, 

21 maintaining, and enhancing the capabilities es22 tablished by the Secretary as a result of the ex23 penditure of covered grant funds during the 

24 preceding fiscal year; and 


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1 ‘‘(B) an estimate of the amount of expend2 itures required to attain across the United 

3 States the essential capabilities established by 

4 the Secretary.’’. 

5 TITLE II—ENSURING COMMU6 NICATIONS INTEROPER7 ABILITY FOR FIRST RE8 SPONDERS 

9 SEC. 201. IMPROVE COMMUNICATIONS FOR EMERGENCY 

10 RESPONSE GRANT PROGRAM. 

11 (a) ESTABLISHMENT.—Title V of the Homeland Se12 curity Act of 2002 (6 U.S.C. 311 et seq.) is amended by 

13 adding at the end the following new section: 

14 ‘‘SEC. 522. IMPROVE COMMUNICATIONS FOR EMERGENCY 

15 RESPONSE GRANT PROGRAM. 

16 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

17 through the Director of the Office of Grants and Training 

18 and in coordination with the Director for Emergency Com19 munications, shall establish the Improve Communications 

20 for Emergency Response Grant Program to make grants 

21 to States and regions to carry out initiatives to improve 

22 interoperable emergency communications, including initia23 tives to achieve solutions to statewide, regional, national, 

24 and, where appropriate, international interoperability. 


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1 ‘‘(b) USE OF GRANT FUNDS.—A State or region re2 ceiving a grant under this section may use the grant for 

3 short-term or long-term goals for improving interoperable 

4 emergency communications, including interoperability 

5 within that State or region, and to assist with— 

6 ‘‘(1) statewide or regional communications 

7 planning; 

8 ‘‘(2) design and engineering for interoperable 

9 emergency communications systems; 

10 ‘‘(3) procurement and installation of interoper11 able emergency communications equipment; 

12 ‘‘(4) interoperable emergency communications 

13 exercises; 

14 ‘‘(5) modeling and simulation exercises for 

15 operational command and control functions; 

16 ‘‘(6) technical assistance and training for inter17 operable emergency communications; and 

18 ‘‘(7) other activities determined by the Sec19 retary to be integral to interoperable emergency 

20 communications. 

21 ‘‘(c) REGION DEFINED.—For the purposes of this 

22 section, the term ‘region’ means any combination of con23 tiguous local government units, including such a combina24 tion established by law or mutual aid agreement between 


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1 two or more local governments or governmental agen2 cies.’’. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Secretary of Home5 land Security for grants under section 522 of the Home6 land Security Act of 2002, as added by subsection (a)— 

7 (1) such sums as may be necessary for the first 

8 fiscal year that begins after the later of— 

9 (A) the date on which the Secretary of 

10 Homeland Security completes and submits to 

11 Congress the National Emergency Communica12 tions Plan required under section 1802 of the 

13 Homeland Security Act of 2002 (6 U.S.C. 572); 

14 (B) the date on which the Secretary of 

15 Homeland Security completes and submits to 

16 Congress the first baseline interoperability as17 sessment required under section 1803 of such 

18 Act (6 U.S.C. 573); or 

19 (C) the date on which the Secretary of 

20 Homeland Security, after consultation with the 

21 Director of Emergency Communications, deter22 mines and notifies Congress that substantial 

23 progress has been made towards the develop24 ment and promulgation of voluntary consensus25 based interoperable communications standards 


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1 pursuant to section 1801(c)(11) of such Act (6 

2 U.S.C. 571(c)(11)); and 

3 (2) such sums as may be necessary for each 

4 subsequent fiscal year. 

5 (c) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of that Act is amended by inserting after 

7 the item relating to section 521 the following: 

‘‘Sec. 522. Improve Communications for Emergency Response Grant Program.’’. 

8 TITLE III—STRENGTHENING USE 

9 OF A UNIFIED INCIDENT COM10 MAND DURING EMERGENCIES 

11 SEC. 301. NATIONAL EXERCISE PROGRAM DESIGN. 

12 Section 648(b)(2)(A) of the Department of Home13 land Security Appropriations Act, 2007 (Public Law 109– 

14 295) is amended by striking clauses (iv) and (v) and in15 serting the following: 

16 ‘‘(iv) designed to provide for system17 atic evaluation of readiness and enhance 

18 operational understanding of the Incident 

19 Command System and relevant mutual aid 

20 agreements; 

21 ‘‘(v) designed to address the unique 

22 requirements of populations with special 

23 needs; and 


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1 ‘‘(vi) designed to include the prompt 

2 development of after-action reports and 

3 plans for quickly incorporating lessons 

4 learned into future operations; and’’. 

5 SEC. 302. NATIONAL EXERCISE PROGRAM MODEL EXER6 CISES. 

7 Section 648(b)(2)(B) of the Department of Home8 land Security Appropriations Act, 2007 (Public Law 109– 

9 295) is amended by striking so much as precedes clause 

10 (i) and inserting the following: 

11 ‘‘(B) shall include a selection of model ex12 ercises that State, local, and tribal governments 

13 can readily adapt for use, and shall provide as14 sistance to State, local, and tribal governments 

15 with the design, implementation, and evaluation 

16 of exercises, whether a model exercise program 

17 or an exercise designed locally, that—’’. 

18 SEC. 303. RESPONSIBILITIES OF REGIONAL ADMINISTRA19 TORS OF THE FEDERAL EMERGENCY MAN20 AGEMENT AGENCY. 

21 Section 507(c)(2) of the Homeland Security Act of 

22 2002 (enacted by section 611 of the Department of Home23 land Security Appropriations Act, 2007 (Public Law 109– 

24 295)) is amended by striking ‘‘and’’ after the semicolon 

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1 graph (I) as subparagraph (J), and by inserting after sub2 paragraph (H) the following: 

3 ‘‘(I) assisting State, local, or tribal govern4 ments, where appropriate, to pre-identify and 

5 evaluate suitable sites where a multi-jurisdic6 tional unified command system can be quickly 

7 established if the need for such a system arises; 

8 and’’. 

9 TITLE IV—STRENGTHENING 

10 AVIATION SECURITY 

11 SEC. 401. INSTALLATION OF IN-LINE BAGGAGE SCREENING 

12 EQUIPMENT. 

13 Not later than 30 days after the date of enactment 

14 of this Act, the Secretary for Homeland Security shall 

15 submit to the appropriate congressional committees the 

16 cost sharing study described in section 4019(d) of the In17 telligence Reform and Terrorism Prevention Act of 2004 

18 (118 Stat. 3722), together with the Secretary’s analysis 

19 of the study, a list of provisions of the study the Secretary 

20 intends to implement, and a plan and schedule for imple21 mentation of such listed provisions. 

22 SEC. 402. AVIATION SECURITY CAPITAL FUND. 

23 (a) IN GENERAL.—Section 44923(h)(1) of title 49, 

24 United States Code, is amended in the second sentence 

25 by striking ‘‘2007’’ and inserting ‘‘2011’’. 


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1 (b) DISCRETIONARY GRANTS.—Section 44923(h)(3) 

2 of such title is amended by striking ‘‘for a fiscal year, 

3 $125,000,000’’ and inserting ‘‘, $125,000,000 for each of 

4 fiscal years 2004, 2005, and 2006 and such sums as may 

5 be necessary for each of fiscal years 2007 through 2011’’. 

6 SEC. 403. AIRPORT CHECKPOINT SCREENING EXPLOSIVE 

7 DETECTION. 

8 Section 44940 of title 49, United States Code, is 

9 amended— 

10 (1) in subsection (d)(4) by inserting ‘‘, other 

11 than subsection (i),’’ before ‘‘except to’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(i) CHECKPOINT SCREENING SECURITY FUND.— 

14 ‘‘(1) ESTABLISHMENT.—There is established in 

15 the Department of Homeland Security a fund to be 

16 known as the ‘Checkpoint Screening Security Fund’. 

17 ‘‘(2) DEPOSITS.—In fiscal year 2008, after 

18 amounts are made available under section 44923(h), 

19 the next $250,000,000 derived from fees received 

20 under subsection (a)(1) shall be available to be de21 posited in the Fund. 

22 ‘‘(3) FEES.—The Secretary of Homeland Secu23 rity shall impose the fee authorized by subsection 

24 (a)(1) so as to collect at least $250,000,000 in fiscal 

25 year 2008 for deposit into the Fund. 


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1 ‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in 

2 the Fund shall be available until expended for the 

3 research, development, purchase, deployment, and 

4 installation of equipment to improve the ability of 

5 security screening personnel at screening check6 points to detect explosives.’’. 

7 SEC. 404. STRENGTHENING EXPLOSIVE DETECTION AT AIR8 PORT SCREENING CHECKPOINTS. 

9 Not later than 7 days after the date of enactment 

10 of this Act, the Assistant Secretary for Homeland Security 

11 (Transportation Security Administration) shall submit to 

12 the appropriate congressional committees the strategic 

13 plan described in the section amended by section 4013(a) 

14 of the Intelligence Reform and Terrorism Prevention Act 

15 of 2004 (118 Stat. 3719). 

16 SEC. 405. EXTENSION OF AUTHORIZATION OF AVIATION SE17 CURITY FUNDING. 

18 Section 48301(a) of title 49, United States Code, is 

19 amended by striking ‘‘and 2006’’ and inserting ‘‘2006, 

20 2007, 2008, 2009, 2010, and 2011’’. 

21 SEC. 406. INSPECTION OF CARGO CARRIED ABOARD PAS22 SENGER AIRCRAFT. 

23 (a) IN GENERAL.—Section 44901 of title 49, United 

24 States Code, is amended— 


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1 (1) by redesignating subsections (g) and (h) as 

2 subsections (h) and (i), respectively; and 

3 (2) by inserting after subsection (f) the fol4 lowing: 

5 ‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.— 

6 ‘‘(1) IN GENERAL.—Not later than 3 years 

7 after the date of enactment of the Implementing the 

8 9/11 Commission Recommendations Act of 2007, the 

9 Secretary of Homeland Security shall establish a 

10 system to inspect 100 percent of cargo transported 

11 on passenger aircraft operated by an air carrier or 

12 foreign air carrier in air transportation or intrastate 

13 air transportation to ensure the security of all such 

14 passenger aircraft carrying cargo. 

15 ‘‘(2) MINIMUM STANDARDS.—The system re16 ferred to in paragraph (1) shall require, at a min17 imum, that equipment, technology, procedures, and 

18 personnel are used to inspect cargo carried on pas19 senger aircraft to provide a level of security equiva20 lent to the level of security for the inspection of pas21 senger checked baggage as follows: 

22 ‘‘(A) 35 percent of such cargo is so in23 spected by the end of fiscal year 2007. 

24 ‘‘(B) 65 percent of such cargo is so in25 spected by the end of fiscal year 2008. 


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1 ‘‘(C) 100 percent of such cargo is so in2 spected by the end of fiscal year 2009. 

3 ‘‘(3) REGULATIONS.— 

4 ‘‘(A) INTERIM FINAL RULE.—The Sec5 retary of Homeland Security may issue an in6 terim final rule as a temporary regulation to 

7 implement this subsection without regard to the 

8 provisions of chapter 5 of title 5. 

9 ‘‘(B) FINAL RULE.— 

10 ‘‘(i) IN GENERAL.—If the Secretary 

11 issues an interim final rule under subpara12 graph (A), the Secretary shall issue, not 

13 later than one year after the effective date 

14 of the interim final rule, a final rule as a 

15 permanent regulation to implement this 

16 subsection in accordance with the provi17 sions of chapter 5 of title 5. 

18 ‘‘(ii) FAILURE TO ACT.—If the Sec19 retary does not issue a final rule in accord20 ance with clause (i) on or before the last 

21 day of the 1-year period referred to in 

22 clause (i), the interim final rule issued 

23 under subparagraph (A) shall not be effec24 tive after the last day of such period. 


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1 ‘‘(iii) SUPERCEDING OF INTERIM

2 FINAL RULE.—The final rule issued in ac3 cordance with this subparagraph shall su4 persede the interim final rule issued under 

5 subparagraph (A). 

6 ‘‘(4) REPORT.—Not later than 1 year after the 

7 date of establishment of the system under paragraph 

8 (1), the Secretary shall transmit to Congress a re9 port that describes the system.’’. 

10 (b) ASSESSMENT OF EXEMPTIONS.— 

11 (1) TSA ASSESSMENT OF EXEMPTIONS.— 

12 (A) IN GENERAL.—Not later than 120 

13 days after the date of enactment of this Act, 

14 the Secretary of Homeland Security shall sub15 mit to the appropriate committees of Congress 

16 and to the Comptroller General a report regard17 ing an assessment of each exemption granted 

18 for inspection of air cargo and an analysis to 

19 assess the risk of maintaining such exemption. 

20 (B) CONTENTS.—The report referred to in 

21 subparagraph (A) shall include— 

22 (i) the rationale for each exemption; 

23 (ii) what percentage of cargo is not 

24 screened as a result of each exemption; 


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1 (iii) the impact of each exemption on 

2 aviation security; 

3 (iv) the projected impact on the flow 

4 of commerce of eliminating each exemp5 tion, respectively, should the Secretary 

6 choose to take such action; and 

7 (v) plans and rationale for maintain8 ing, changing, or eliminating each exemp9 tion. 

10 (2) GAO ASSESSMENT.—Not later than 120 

11 days after the date on which the report under para12 graph (1) is submitted, the Comptroller General 

13 shall review the report and provide to Congress an 

14 assessment of the methodology of determinations 

15 made by the Secretary for maintaining, changing, or 

16 eliminating an exemption. 

17 SEC. 407. APPEAL AND REDRESS PROCESS FOR PAS18 SENGERS WRONGLY DELAYED OR PROHIB19 ITED FROM BOARDING A FLIGHT. 

20 (a) IN GENERAL.—Subtitle C of title IV of the 

21 Homeland Security Act of 2002 (6 U.S.C. 231 et. seq.) 

22 is amended by adding at the end the following: 


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1 ‘‘SEC. 432. APPEAL AND REDRESS PROCESS FOR PAS2 SENGERS WRONGLY DELAYED OR PROHIB3 ITED FROM BOARDING A FLIGHT. 

4 ‘‘(a) IN GENERAL.—The Secretary shall establish a 

5 timely and fair process for individuals who believe they 

6 have been delayed or prohibited from boarding a commer7 cial aircraft because they were wrongly identified as a 

8 threat under the regimes utilized by the Transportation 

9 Security Administration, the Bureau of Customs and Bor10 der Protection, or any other Department entity. 

11 ‘‘(b) OFFICE OF APPEALS AND REDRESS.— 

12 ‘‘(1) ESTABLISHMENT.—The Secretary shall es13 tablish an Office of Appeals and Redress to oversee 

14 the process established by the Secretary pursuant to 

15 subsection (a). 

16 ‘‘(2) RECORDS.—The process established by the 

17 Secretary pursuant to subsection (a) shall include 

18 the establishment of a method by which the Office 

19 of Appeals and Redress, under the direction of the 

20 Secretary, will be able to maintain a record of air 

21 carrier passengers and other individuals who have 

22 been misidentified and have corrected erroneous in23 formation. 

24 ‘‘(3) INFORMATION.—To prevent repeated 

25 delays of a misidentified passenger or other indi26 vidual, the Office of Appeals and Redress shall— 


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1 ‘‘(A) ensure that the records maintained 

2 under this subsection contain information deter3 mined by the Secretary to authenticate the 

4 identity of such a passenger or individual; and 

5 ‘‘(B) furnish to the Transportation Secu6 rity Administration, the Bureau of Customs 

7 and Border Protection, or any other appro8 priate Department entity, upon request, such 

9 information as may be necessary to allow such 

10 agencies to assist air carriers in improving their 

11 administration of the advanced passenger 

12 prescreening system and reduce the number of 

13 false positives. 

14 ‘‘(4) INITIATION OF APPEAL AND REDRESS

15 PROCESS AT AIRPORTS.—The Office of Appeals and 

16 Redress shall establish at each airport at which the 

17 Department has a significant presence a process to 

18 allow air carrier passengers to begin the appeals 

19 process established pursuant to subsection (a) at the 

20 airport.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in section 1(b) of such Act is amended by inserting after 

23 the item relating to section 430 the following: 

‘‘Sec. 432. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.’’. 


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1 SEC. 408. TRANSPORTATION SECURITY ADMINISTRATION 

2 PERSONNEL MANAGEMENT. 

3 (a) ELIMINATION OF CERTAIN PERSONNEL MANAGE4 MENT AUTHORITIES.—Effective 90 days after the date of 

5 the enactment of this Act— 

6 (1) section 111(d) of the Aviation and Trans7 portation Security Act (49 U.S.C. 44935 note) is re8 pealed and any authority of the Secretary of Home9 land Security derived from such section 111(d) shall 

10 terminate; 

11 (2) any personnel management system, to the 

12 extent established or modified pursuant to such sec13 tion 111(d) (including by the Secretary through the 

14 exercise of any authority derived from such section 

15 111(d)) shall terminate; and 

16 (3) the Secretary shall ensure that all TSA em17 ployees are subject to the same personnel manage18 ment system as described in subsection (e)(1) or 

19 (e)(2). 

20 (b) ESTABLISHMENT OF CERTAIN UNIFORMITY RE21 QUIREMENTS.— 

22 (1) SYSTEM UNDER SUBSECTION (e)(1).—The 

23 Secretary shall, with respect to any personnel man24 agement system described in subsection (e)(1), take 

25 any measures which may be necessary to provide for 


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1 the uniform treatment of all TSA employees under 

2 such system. 

3 (2) SYSTEM UNDER SUBSECTION (e)(1).—Sec4 tion 9701(b) of title 5, United States Code, is 

5 amended— 

6 (A) by striking ‘‘and’’ at the end of para7 graph (4); 

8 (B) by striking the period at the end of 

9 paragraph (5) and inserting ‘‘; and’’; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(6) provide for the uniform treatment of all 

13 TSA employees (as defined in section 408(d) of the 

14 Implementing the 9/11 Commission Recommenda15 tions Act of 2007).’’. 

16 (3) EFFECTIVE DATE.— 

17 (A) PROVISIONS RELATING TO A SYSTEM

18 UNDER SUBSECTION (e)(1).—Any measures 

19 necessary to carry out paragraph (1) shall take 

20 effect 90 days after the date of the enactment 

21 of this Act. 

22 (B) PROVISIONS RELATING TO A SYSTEM

23 UNDER SUBSECTION (e)(2).—Any measures 

24 necessary to carry out the amendments made 

25 by paragraph (2) shall take effect 90 days after 


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1 the date of the enactment of this Act or, if 

2 later, the commencement date of the system in3 volved. 

4 (c) REPORT TO CONGRESS.— 

5 (1) REPORT REQUIRED.—Not later than 6 

6 months after the date of the enactment of this Act, 

7 the Government Accountability Office shall submit 

8 to the Committee on Homeland Security of the 

9 House of Representatives and the Committee on 

10 Homeland Security and Governmental Affairs of the 

11 Senate a report on— 

12 (A) the pay system that applies with re13 spect to TSA employees as of the date of the 

14 enactment of this Act; and 

15 (B) any changes to such system which 

16 would be made under any regulations which 

17 have been prescribed under chapter 97 of title 

18 5, United States Code. 

19 (2) MATTERS FOR INCLUSION.—The report re20 quired under paragraph (1) shall include— 

21 (A) a brief description of each pay system 

22 described in paragraphs (1)(A) and (1)(B), re23 spectively; 


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1 (B) a comparison of the relative advan2 tages and disadvantages of each of those pay 

3 systems; and 

4 (C) such other matters as the Government 

5 Accountability Office considers appropriate. 

6 (d) TSA EMPLOYEE DEFINED.—In this section, the 

7 term ‘‘TSA employee’’ means an individual who holds— 

8 (1) any position which was transferred (or the 

9 incumbent of which was transferred) from the 

10 Transportation Security Administration of the De11 partment of Transportation to the Department of 

12 Homeland Security by section 403 of the Homeland 

13 Security Act of 2002 (6 U.S.C. 203); or 

14 (2) any other position within the Department of 

15 Homeland Security the duties and responsibilities of 

16 which include carrying out one or more of the func17 tions that were transferred from the Transportation 

18 Security Administration of the Department of 

19 Transportation to the Secretary by such section. 

20 (e) PERSONNEL MANAGEMENT SYSTEM DE21 SCRIBED.—A personnel management system described in 

22 this subsection is— 

23 (1) any personnel management system, to the 

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1 ployees by virtue of section 114(n) of title 49, 

2 United States Code; and 

3 (2) any human resources management system, 

4 established under chapter 97 of title 5, United 

5 States Code. 

6 SEC. 409. STRATEGIC PLAN TO TEST AND IMPLEMENT AD7 VANCED PASSENGER PRESCREENING SYS8 TEM. 

9 Not later than 90 days after the date of the enact10 ment of the Act, the Secretary of Homeland Security shall 

11 submit to Congress a plan that— 

12 (1) describes the system to be utilized for the 

13 Department of Homeland Security to assume the 

14 performance of comparing passenger information, as 

15 defined by the Assistant Secretary of Homeland Se16 curity (Transportation Security Administration), to 

17 the automatic selectee and no fly lists, utilizing ap18 propriate records in the consolidated and integrated 

19 terrorist watchlist maintained by the Federal Gov20 ernment; 

21 (2) provides a projected timeline for each phase 

22 of testing and implementation of the system; 

23 (3) explains how the system will be integrated 

24 with the prescreening system for passenger on inter25 national flights; and 


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1 (4) describes how the system complies with sec2 tion 552a of title 5, United States Code. 

3 TITLE V—STRENGTHENING THE 

4 SECURITY OF CARGO CON5 TAINERS 

6 SEC. 501. REQUIREMENTS RELATING TO ENTRY OF CON7 TAINERS INTO THE UNITED STATES. 

8 (a) REQUIREMENTS.—Section 70116 of title 46, 

9 United States Code, is amended by adding at the end the 

10 following new subsection: 

11 ‘‘(c) REQUIREMENTS RELATING TO ENTRY OF CON12 TAINERS.— 

13 ‘‘(1) IN GENERAL.—A container may enter the 

14 United States, either directly or via a foreign port, 

15 only if— 

16 ‘‘(A) the container is scanned with equip17 ment that meets the standards established pur18 suant to paragraph (2)(A) and a copy of the 

19 scan is provided to the Secretary; and 

20 ‘‘(B) the container is secured with a seal 

21 that meets the standards established pursuant 

22 to paragraph (2)(B), before the container is 

23 loaded on the vessel for shipment to the United 

24 States. 


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1 ‘‘(2) STANDARDS FOR SCANNING EQUIPMENT

2 AND SEALS.— 

3 ‘‘(A) SCANNING EQUIPMENT.—The Sec4 retary shall establish standards for scanning 

5 equipment required to be used under paragraph 

6 (1)(A) to ensure that such equipment uses the 

7 best-available technology, including technology 

8 to scan a container for radiation and density 

9 and, if appropriate, for atomic elements. 

10 ‘‘(B) SEALS.—The Secretary shall estab11 lish standards for seals required to be used 

12 under paragraph (1)(B) to ensure that such 

13 seals use the best-available technology, includ14 ing technology to detect any breach into a con15 tainer and identify the time of such breach. 

16 ‘‘(C) REVIEW AND REVISION.—The Sec17 retary shall— 

18 ‘‘(i) review and, if necessary, revise 

19 the standards established pursuant to sub20 paragraphs (A) and (B) not less than once 

21 every two years; and 

22 ‘‘(ii) ensure that any such revised 

23 standards require the use of technology, as 

24 soon as such technology becomes available, 

25 to— 


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1 ‘‘(I) identify the place of a 

2 breach into a container; 

3 ‘‘(II) notify the Secretary of such 

4 breach before the container enters the 

5 Exclusive Economic Zone of the 

6 United States; and 

7 ‘‘(III) track the time and location 

8 of the container during transit to the 

9 United States, including by truck, 

10 rail, or vessel. 

11 ‘‘(D) DEFINITION.—In subparagraph (C), 

12 the term ‘Exclusive Economic Zone of the 

13 United States’ has the meaning given the term 

14 ‘Exclusive Economic Zone’ in section 2101(10a) 

15 of this title.’’. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out section 

18 70116(c) of title 46, United States Code, as added by sub19 section (a) of this section, such sums as may be necessary 

20 for each of the fiscal years 2008 through 2013. 

21 (c) REGULATIONS; APPLICATION.— 

22 (1) REGULATIONS.— 

23 (A) INTERIM FINAL RULE.—Consistent 

24 with the results of and lessons derived from the 

25 pilot system implemented under section 231 of 


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1 the SAFE Port Act (Public Law 109–347), the 

2 Secretary of Homeland Security shall issue an 

3 interim final rule as a temporary regulation to 

4 implement section 70116(c) of title 46, United 

5 States Code, as added by subsection (a) of this 

6 section, not later than 180 days after the date 

7 of the submission of the report under section 

8 231 of the SAFE Port Act, without regard to 

9 the provisions of chapter 5 of title 5, United 

10 States Code. 

11 (B) FINAL RULE.—The Secretary shall 

12 issue a final rule as a permanent regulation to 

13 implement section 70116(c) of title 46, United 

14 States Code, as added by subsection (a) of this 

15 section, not later than one year after the date 

16 of the submission of the report under section 

17 231 of the SAFE Port Act, in accordance with 

18 the provisions of chapter 5 of title 5, United 

19 States Code. The final rule issued pursuant to 

20 that rulemaking may supersede the interim 

21 final rule issued pursuant to subparagraph (A). 

22 (2) PHASED-IN APPLICATION.— 

23 (A) IN GENERAL.—The requirements of 

24 section 70116(c) of title 46, United States 

25 Code, as added by subsection (a) of this section, 


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1 apply with respect to any container entering the 

2 United States, either directly or via a foreign 

3 port, beginning on— 

4 (i) the end of the 3-year period begin5 ning on the date of the enactment of this 

6 Act, in the case of a container loaded on 

7 a vessel destined for the United States in 

8 a country in which more than 75,000 

9 twenty-foot equivalent units of containers 

10 were loaded on vessels for shipping to the 

11 United States in 2005; and 

12 (ii) the end of the 5-year period begin13 ning on the date of the enactment of this 

14 Act, in the case of a container loaded on 

15 a vessel destined for the United States in 

16 any other country. 

17 (B) EXTENSION.—The Secretary may ex18 tend by up to one year the period under clause 

19 (i) or (ii) of subparagraph (A) for containers 

20 loaded in a port, if the Secretary— 

21 (i) finds that the scanning equipment 

22 required under section 70116(c) of title 46, 

23 United States Code, as added by sub24 section (a) of this section, is not available 


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1 for purchase and installation in the port; 

2 and 

3 (ii) at least 60 days prior to issuing 

4 such extension, transmits such finding to 

5 the appropriate congressional committees. 

6 (d) INTERNATIONAL CARGO SECURITY STAND7 ARDS.—The Secretary, in consultation with the Secretary 

8 of State, is encouraged to promote and establish inter9 national standards for the security of containers moving 

10 through the international supply chain with foreign gov11 ernments and international organizations, including the 

12 International Maritime Organization and the World Cus13 toms Organization. 

14 (e) INTERNATIONAL TRADE AND OTHER OBLIGA15 TIONS.—In carrying out section 70116(c) of title 46, 

16 United States Code, as added by subsection (a) of this 

17 section, the Secretary shall consult with appropriate Fed18 eral departments and agencies and private sector stake19 holders to ensure that actions under such section do not 

20 violate international trade obligations or other inter21 national obligations of the United States. 


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1 TITLE VI—STRENGTHENING EF2 FORTS TO PREVENT TER3 RORIST TRAVEL 

4 Subtitle A—Human Smuggling and 

5 Trafficking Center Improvements 

6 SEC. 601. STRENGTHENING THE CAPABILITIES OF THE 

7 HUMAN SMUGGLING AND TRAFFICKING CEN8 TER. 

9 (a) IN GENERAL.—The Secretary, acting through the 

10 Assistant Secretary of Homeland Security for United 

11 States Immigration and Customs Enforcement, shall pro12 vide to the Human Smuggling and Trafficking Center (in 

13 this section referred to as the ‘‘Center’’) the administra14 tive support and funding required for its maintenance, in15 cluding funding for personnel, leasing of office space, sup16 plies, equipment, technology, training, and travel expenses 

17 necessary for the Center to carry out its mission. 

18 (b) STAFFING OF THE CENTER.— 

19 (1) IN GENERAL.—Funding provided under 

20 subsection (a) shall be used for the hiring of for not 

21 fewer than 30 full-time equivalent staff for the Cen22 ter, to include the following: 

23 (A) One Director. 

24 (B) One Deputy Director for Smuggling. 

25 (C) One Deputy Director for Trafficking. 


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1 (D) One Deputy Director for Terrorist 

2 Travel. 

3 (E) Not fewer than 15 intelligence analysts 

4 or Special Agents, to include the following: 

5 (i) Not fewer than ten such analysts 

6 or Agents shall be intelligence analysts or 

7 law enforcement agents who shall be de8 tailed from entities within the Department 

9 of Homeland Security with human smug10 gling and trafficking related responsibil11 ities, as determined by the Secretary. 

12 (ii) Not fewer than one full time pro13 fessional staff detailee from each of the 

14 United States Coast Guard, United States 

15 Immigration and Customs Enforcement, 

16 United States Customs and Border Protec17 tion, Transportation Security Administra18 tion, and the Office of Intelligence and 

19 Analysis. 

20 (2) REQUIREMENTS.—Intelligence analysts or 

21 Special Agents detailed to the Center under para22 graph (1)(E) shall have at least three years experi23 ence related to human smuggling or human traf24 ficking. 


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1 (3) DURATION OF ASSIGNMENT.—An intel2 ligence analyst or Special Agent detailed to the Cen3 ter under paragraph (1)(E) shall be detailed for a 

4 period of not less than two years. 

5 (c) FUNDING REIMBURSEMENT.—In operating the 

6 Center, the Secretary of Homeland Security shall act in 

7 accordance with all applicable requirements of the Econ8 omy Act (31 U.S.C. 1535), and shall seek reimbursement 

9 from the Attorney General and the Secretary of State, in 

10 such amount or proportion as is appropriate, for costs as11 sociated with the participation of the Department of Jus12 tice and the Department of State in the operation of the 

13 Center. 

14 (d) DEVELOPMENT OF PLAN.—The Secretary of 

15 Homeland Security shall develop a plan for the Center 

16 that— 

17 (1) defines the roles and responsibilities of each 

18 Department participating in the Center; 

19 (2) describes how the Department of Homeland 

20 Security shall utilize its resources to ensure that the 

21 Center uses intelligence to focus and drive its ef22 forts; 

23 (3) describes the mechanism for the sharing of 

24 information from United States Immigration and 


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1 Customs Enforcement and United States Customs 

2 and Border Protection field offices to the Center; 

3 (4) describes the mechanism for the sharing of 

4 homeland security information from the Center to 

5 the Office of Intelligence and Analysis, including 

6 how such sharing shall be consistent with section 

7 1016(b) of the Intelligence Reform and Terrorism 

8 Prevention Act of 2004 (Public Law 108–458); 

9 (5) establishes reciprocal security clearance sta10 tus to other participating agencies in the Center in 

11 order to ensure full access to necessary databases; 

12 (6) establishes or consolidates networked sys13 tems for the Center; and 

14 (7) ensures that the assignment of personnel to 

15 the Center from agencies of the Department of 

16 Homeland Security is incorporated into the civil 

17 service career path of such personnel. 

18 (e) MEMORANDUM OF UNDERSTANDING.—The Sec19 retary of Homeland Security shall execute with the Attor20 ney General a Memorandum of Understanding in order 

21 to clarify cooperation and coordination between United 

22 States Immigration and Customs Enforcement and the 

23 Federal Bureau of Investigation regarding issues related 

24 to human smuggling, human trafficking, and terrorist 

25 travel. 


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1 (f) COORDINATION WITH THE OFFICE OF INTEL2 LIGENCE AND ANALYSIS.—The Office of Intelligence and 

3 Analysis, in coordination with the Center, shall submit to 

4 Federal, State, local, and tribal law enforcement and other 

5 relevant agencies periodic reports regarding terrorist 

6 threats related to human smuggling, human trafficking, 

7 and terrorist travel. 

8 Subtitle B—International Collabo9 ration to Prevent Terrorist 

10 Travel 

11 SEC. 611. REPORT ON INTERNATIONAL COLLABORATION 

12 TO INCREASE BORDER SECURITY, ENHANCE 

13 GLOBAL DOCUMENT SECURITY, AND EX14 CHANGE TERRORIST INFORMATION. 

15 (a) REPORT REQUIRED.—Not later than 270 days 

16 after the date of the enactment of this Act, the Secretary 

17 of State and the Secretary of Homeland Security, in con18 junction with the Director of National Intelligence and the 

19 heads of other appropriate Federal departments and agen20 cies, shall submit to the appropriate congressional commit21 tees a report on efforts of the Government of the United 

22 States to collaborate with international partners and allies 

23 of the United States to increase border security, enhance 

24 global document security, and exchange terrorist informa25 tion. 


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1 (b) CONTENTS.—The report required by subsection 

2 (a) shall outline— 

3 (1) all presidential directives, programs, and 

4 strategies for carrying out and increasing United 

5 States Government efforts described in subsection 

6 (a); 

7 (2) the goals and objectives of each of these ef8 forts; 

9 (3) the progress made in each of these efforts; 

10 and 

11 (4) the projected timelines for each of these ef12 forts to become fully functional and effective. 

13 (c) DEFINITION.—In this section, the term ‘‘appro14 priate congressional committees’’ means— 

15 (1) the Committee on Foreign Affairs, the 

16 Committee on Homeland Security, the Committee on 

17 the Judiciary, and the Permanent Select Committee 

18 on Intelligence of the House of Representatives; and 

19 (2) the Committee on Foreign Relations, the 

20 Committee on Homeland Security and Governmental 

21 Affairs, the Committee on the Judiciary, and the Se22 lect Committee on Intelligence of the Senate. 


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1 Subtitle C—Biometric Border 

2 Entry and Exit System 

3 SEC. 621. SUBMITTAL OF PLAN ON BIOMETRIC ENTRY AND 

4 EXIT VERIFICATION SYSTEM IMPLEMENTA5 TION. 

6 Not later than 7 days after the date of the enactment 

7 of this Act, the Secretary for Homeland Security shall 

8 submit to the Committee on Homeland Security and the 

9 Committee on the Judiciary and the Committee on Home10 land Security and Governmental Affairs and the Com11 mittee on the Judiciary of the Senate the plan developed 

12 by the Secretary under section 7208(c) of the Intelligence 

13 Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 

14 1365b(c)(2)) to accelerate the full implementation of an 

15 automated biometric entry and exit data system. 


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1 TITLE VII—IMPROVING INTEL2 LIGENCE AND INFORMATION 

3 SHARING WITH LOCAL LAW 

4 ENFORCEMENT AND FIRST 

5 RESPONDERS 

6 Subtitle A—Fusion and Law En7 forcement Education and 

8 Teaming (FLEET) Grant Pro9 gram 

10 SEC. 701. FINDINGS. 

11 Congress finds the following: 

12 (1) The intelligence component of a State, local, 

13 or regional fusion center (in this title referred to 

14 generally as ‘‘fusion centers’’) focuses on the intel15 ligence process, in which information is collected, in16 tegrated, evaluated, analyzed, and disseminated. The 

17 Federal Government and nontraditional sources of 

18 intelligence information—such as public safety enti19 ties at the State, local, and tribal levels, and private 

20 sector organizations—all possess valuable informa21 tion that when ‘‘fused’’ with law enforcement data 

22 and properly analyzed at fusion centers can provide 

23 law enforcement officers with specific and actionable 

24 intelligence about terrorist and related criminal ac25 tivity. 


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1 (2) Participation by local and tribal law en2 forcement officers and intelligence analysts in fusion 

3 centers helps secure the homeland by involving such 

4 officers and analysts in the intelligence process on a 

5 daily basis, by helping them build professional rela6 tionships across every level and discipline of govern7 ment and the private sector, and by ensuring that 

8 intelligence and other information, including threat 

9 assessment, public safety, law enforcement, public 

10 health, social service, and public works, is shared 

11 throughout and among relevant communities. Such 

12 local and tribal participation in fusion centers sup13 ports the efforts of all law enforcement agencies and 

14 departments to anticipate, identify, monitor, and 

15 prevent terrorist and related criminal activity. 

16 (3) Some local and tribal law enforcement agen17 cies and departments, however, lack resources to 

18 participate fully in fusion centers. 

19 (4) Needs-based grant funding will maximize 

20 the participation of local and tribal law enforcement 

21 agencies and departments in fusion centers by re22 ducing the costs associated with detailing officers 

23 and intelligence analysts to fusion centers. Con24 sequently, such grant funding will not only promote 

25 the development of more effective, resourceful, and 


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1 situationally aware fusion centers, but will also ad2 vance the cause of homeland security. 

3 SEC. 702. FLEET GRANT PROGRAM. 

4 (a) IN GENERAL.—Subtitle A of title II of the Home5 land Security Act of 2002 is further amended by adding 

6 at the end the following new section: 

7 ‘‘SEC. 203. FLEET GRANT PROGRAM. 

8 ‘‘(a) IMPLEMENTATION PLAN AND ESTABLISH9 MENT.— 

10 ‘‘(1) IMPLEMENTATION PLAN.—Not later than 

11 90 days after the date of the enactment of the Im12 plementing the 9/11 Commission Recommendations 

13 Act of 2007, the Secretary shall develop a Fusion 

14 and Law Enforcement Education and Teaming 

15 Grant Program (in this section referred to as the 

16 ‘FLEET Grant program’) implementation plan and 

17 submit to the appropriate congressional committees 

18 a copy of such plan. In developing such plan, the 

19 Secretary shall consult with the Attorney General, 

20 the Bureau of Justice Assistance, and the Office of 

21 Community Oriented Policing of the Department of 

22 Justice and shall encourage the participation of fu23 sion centers and local and tribal law enforcement 

24 agencies and departments in the development of 

25 such plan. Such plan shall include— 


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1 ‘‘(A) a clear articulation of the purposes, 

2 goals, and specific objectives for which the pro3 gram is being developed; 

4 ‘‘(B) an identification of program stake5 holders and an assessment of their interests in 

6 and expectations for the program; 

7 ‘‘(C) a developed set of quantitative 

8 metrics to measure, to the extent possible, pro9 gram output; and 

10 ‘‘(D) a developed set of qualitative instru11 ments (e.g., surveys and expert interviews) to 

12 assess the extent to which stakeholders believe 

13 their needs and expectations are being met by 

14 the program. 

15 ‘‘(2) ESTABLISHMENT.—Not later than 180 

16 days after the enactment of the Implementing the 9/ 

17 11 Commission Recommendations Act of 2007, the 

18 Secretary shall implement and carry out a FLEET 

19 Grant program under which the Secretary, in con20 sultation with the Attorney General, shall make 

21 grants to local and tribal law enforcement agencies 

22 and departments specified by the Secretary, in con23 sultation with the Attorney General, for the pur24 poses described in subsection (b). Subject to subVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 section (g), each such grant shall be made for a two2 year period. 

3 ‘‘(b) USE OF GRANT AMOUNTS.— 

4 ‘‘(1) IN GENERAL.—A grant made to a local or 

5 tribal law enforcement agency or department under 

6 subsection (a) shall be used to enable such agency 

7 or department to detail eligible law enforcement per8 sonnel to participate in a fusion center that serves 

9 the geographic area in which such agency or depart10 ment is located, and may be used for the following 

11 purposes: 

12 ‘‘(A) To hire new personnel, or to pay ex13 isting personnel, to perform the duties of eligi14 ble law enforcement personnel who are detailed 

15 to a fusion center during the absence of such 

16 detailed personnel. 

17 ‘‘(B) To provide appropriate training, as 

18 determined and required by the Secretary, in 

19 consultation with the Attorney General, for eli20 gible law enforcement personnel who are de21 tailed to a fusion center. 

22 ‘‘(C) To establish communications 

23 connectivity between eligible law enforcement 

24 personnel who are detailed to a fusion center 

25 and the home agency or department of such 


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1 personnel in accordance with all applicable laws 

2 and regulations. 

3 ‘‘(2) MANDATORY PRIVACY AND CIVIL LIB4 ERTIES TRAINING.—All eligible law enforcement per5 sonnel detailed to a fusion center under the FLEET 

6 Grant Program shall undergo appropriate privacy 

7 and civil liberties training that is developed, sup8 ported, or sponsored by the Privacy Officer and the 

9 Officer for Civil Rights and Civil Liberties in part10 nership with the Privacy and Civil Liberties Over11 sight Board. 

12 ‘‘(3) LIMITATION.—A local or tribal law en13 forcement agency or department participating in the 

14 FLEET Grant program shall continue to provide a 

15 salary and benefits to any eligible law enforcement 

16 personnel detailed to a fusion center, in the same 

17 amounts and under the same conditions that such 

18 agency or department provides a salary and benefits 

19 to such personnel when not detailed to a fusion cen20 ter. None of the funds provided by the FLEET 

21 grant program may be used to carry out this para22 graph. 

23 ‘‘(4) ELIGIBLE LAW ENFORCEMENT PER24 SONNEL DEFINED.—For purposes of this section, 

25 the term ‘eligible law enforcement personnel’ means 


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1 any local or tribal law enforcement officer or intel2 ligence analyst who meets each eligibility require3 ment specified by the Secretary. Such eligibility re4 quirements shall include a requirement that the offi5 cer or analyst has at least two years of experience 

6 as a law enforcement officer or intelligence analyst 

7 with the local or tribal law enforcement agency or 

8 department selected to participate in the FLEET 

9 Grant program. 

10 ‘‘(c) APPLICATIONS.— 

11 ‘‘(1) IN GENERAL.—No grant may be made 

12 under subsection (a) unless an application for such 

13 grant has been submitted to, and approved by, the 

14 Secretary, in consultation with the Attorney General. 

15 Such an application shall be submitted in such form, 

16 manner, and time, and shall contain such informa17 tion, as the Secretary, in consultation with the At18 torney General, may prescribe by regulation or 

19 guidelines. 

20 ‘‘(2) JOINT APPLICATIONS.—A local or tribal 

21 law enforcement agency or department may file a 

22 joint grant application to detail eligible law enforce23 ment personnel to a fusion center. Such application 

24 shall be— 


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1 ‘‘(A) for a single detailed officer or intel2 ligence analyst, who shall be detailed to work at 

3 a fusion center on a full-time basis; or 

4 ‘‘(B) in the case of participating local and 

5 tribal law enforcement agencies or departments 

6 for which a detail arrangement described in 

7 subparagraph (A) is likely to result in hardship 

8 due to a staffing shortage (as determined by 

9 the Secretary, in consultation with the Attorney 

10 General), for several eligible law enforcement 

11 personnel from multiple local or tribal law en12 forcement agencies or departments in the same 

13 geographic area, who shall be detailed to a fu14 sion center, each on a part-time basis, as part 

15 of a shared detail arrangement, as long as— 

16 ‘‘(i) any hours worked by a detailed 

17 officer or analyst at a fusion center in a 

18 shared detail arrangement shall be counted 

19 toward the hourly shift obligations of such 

20 officer or analyst at his or her local or 

21 tribal law enforcement agency or depart22 ment; and 

23 ‘‘(ii) no detailed officer or analyst 

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1 larly work more hours than the officer or 

2 analyst would otherwise work if the officer 

3 or analyst was not participating in the 

4 shared detail arrangement. 

5 ‘‘(d) DISTRIBUTION OF GRANTS.—In considering ap6 plications for grants under subsection (a), the Secretary, 

7 in consultation with the Attorney General, shall ensure 

8 that, to the extent practicable— 

9 ‘‘(1) entities that receive such grants are rep10 resentative of a broad cross-section of local and trib11 al law enforcement agencies and departments; 

12 ‘‘(2) an appropriate geographic distribution of 

13 grants is made among urban, suburban, and rural 

14 communities; and 

15 ‘‘(3) such grants are awarded based on consid16 eration of any assessments of risk by the Depart17 ment of Homeland Security. 

18 ‘‘(e) PRIORITY.—The Secretary, in consultation with 

19 the Attorney General, shall issue regulations regarding the 

20 use of a sliding scale based on financial need to ensure 

21 that a local or tribal law enforcement agency or depart22 ment that is eligible to receive a grant under subsection 

23 (a) and that demonstrates to the satisfaction of the Sec24 retary, in consultation with the Attorney General, that it 

25 is in financial need (as determined by the Secretary, in 


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1 consultation with the Attorney General) receives priority 

2 in receiving funds under this section. 

3 ‘‘(f) MATCHING FUNDS.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 the portion of the costs of a program, project, or ac6 tivity funded by a grant made to an entity under 

7 subsection (a) may not exceed 80 percent. 

8 ‘‘(2) EXCEPTION.—The Secretary, in consulta9 tion with the Attorney General, may waive, wholly or 

10 in part, the requirement under paragraph (1) of a 

11 non-Federal contribution to the costs of a program, 

12 project, or activity if the entity receiving the grant 

13 for such program, project, or activity can dem14 onstrate to the satisfaction of the Secretary, in con15 sultation with the Attorney General, that it would be 

16 a hardship for such entity to satisfy such require17 ment. 

18 ‘‘(g) RENEWAL OF GRANTS.—A grant made to a local 

19 or tribal law enforcement agency or department under 

20 subsection (a) may be renewed on an annual basis for an 

21 additional year after the first two-year period during 

22 which the entity receives its initial grant, if— 

23 ‘‘(1) the entity can demonstrate to the satisfac24 tion of the Secretary, in consultation with the Attor25 ney General, significant progress in achieving the 


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1 objectives of the application for the initial grant in2 volved; and 

3 ‘‘(2) such renewal would not prevent another 

4 local or tribal law enforcement agency or department 

5 that has applied for a grant under subsection (a), 

6 has not previously received such a grant, and that 

7 would otherwise qualify for such a grant, from re8 ceiving such a grant, as determined by the Sec9 retary, in consultation with the Attorney General. 

10 ‘‘(h) REVOCATION OR SUSPENSION OF FUNDING.— 

11 If the Secretary, in consultation with the Attorney Gen12 eral, determines that a grant recipient under this section 

13 is not in substantial compliance with the terms and re14 quirements of an approved grant application submitted 

15 under subsection (c), the Secretary, in consultation with 

16 the Attorney General, may revoke or suspend funding of 

17 that grant, in whole or in part. In the case of a revocation 

18 or suspension of funds under this subsection based on a 

19 determination of fraud, waste, or abuse, with respect to 

20 a grant recipient, such grant recipient shall be required 

21 to refund the grant funds received under subsection (a) 

22 that are related to such fraud, waste, or abuse, respec23 tively. 

24 ‘‘(i) REPORTS.— 


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1 ‘‘(1) REPORTS TO SECRETARY.—Each local or 

2 tribal law enforcement agency or department that 

3 receives a grant under subsection (a) shall submit to 

4 the Secretary and the Attorney General a report for 

5 each year such agency or department is a recipient 

6 of such grant. Each such report shall include a de7 scription and evaluation of each program, project, or 

8 activity funded by such grant. 

9 ‘‘(2) REPORT TO CONGRESS.—One year after 

10 the date of the implementation of the FLEET grant 

11 program, and biannually thereafter, the Secretary, 

12 in consultation with the Attorney General, shall sub13 mit to the appropriate congressional committees a 

14 report describing the implementation and progress 

15 of the FLEET Grant Program. Each such report 

16 shall include the following: 

17 ‘‘(A) A list of the local and tribal law en18 forcement agencies and departments receiving 

19 grants. 

20 ‘‘(B) Information on the grant amounts 

21 awarded to each such agency or department. 

22 ‘‘(C) Information on the programs, 

23 projects, and activities for which the grant 

24 funds are used. 


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1 ‘‘(D) An evaluation of the effectiveness of 

2 the FLEET Grant program with respect to the 

3 cause of advancing homeland security, includ4 ing— 

5 ‘‘(i) concrete examples of enhanced in6 formation sharing and a description of any 

7 preventative law enforcement actions taken 

8 based on such information sharing; 

9 ‘‘(ii) an evaluation of the effectiveness 

10 of the detail arrangements with FLEET 

11 Grant program grant recipients; 

12 ‘‘(iii) an evaluation of how the 

13 FLEET Grant program benefits the fusion 

14 centers; 

15 ‘‘(iv) a description of how individual 

16 law enforcement officers and intelligence 

17 analysts detailed to the fusion centers ben18 efit from the detail experience; and 

19 ‘‘(v) an evaluation of how the detail of 

20 the law enforcement officers and intel21 ligence analysts assists the fusion centers 

22 in learning more about criminal or ter23 rorist organizations operating within their 

24 areas of operation, including a description 

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1 quirements that were developed, or any 

2 homeland security information gaps that 

3 were filled, as a result of the detail ar4 rangement. 

5 ‘‘(E) An analysis of any areas of need, 

6 with respect to the advancement of homeland 

7 security, that could be addressed through addi8 tional funding or other legislative action. 

9 ‘‘(j) CUSTOMER SATISFACTION SURVEYS.—The Sec10 retary, in consultation with the Attorney General, shall 

11 create a mechanism for State, local, and tribal law en12 forcement officers and intelligence analysts who partici13 pate in the FLEET Grant program to fill out an electronic 

14 customer satisfaction survey, on an appropriate periodic 

15 basis, to assess the effectiveness of the FLEET Grant pro16 gram with respect to improving information sharing. The 

17 results of these voluntary surveys shall be provided elec18 tronically to appropriate personnel at the Office of Grants 

19 and Training of the Department and at the Bureau of 

20 Justice Assistance and the Office of Community Oriented 

21 Policing of the Department of Justice. The results of these 

22 customer satisfaction surveys shall also be included in an 

23 appropriate format in the reports described in subsection 

24 (i). 


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1 ‘‘(k) CONTINUATION ASSESSMENT.—Five years after 

2 the date of the implementation of the FLEET Grant pro3 gram, the Secretary, in consultation with the Attorney 

4 General, shall submit to the appropriate congressional 

5 committees a FLEET Grant program continuation assess6 ment. Such continuation assessment shall— 

7 ‘‘(1) recommend whether Congress should con8 tinue to authorize and fund the FLEET Grant pro9 gram (as authorized under this section or with pro10 posed changes), and provide the reasoning for such 

11 recommendation; and 

12 ‘‘(2) if the Secretary recommends the continu13 ation of the FLEET Grant program— 

14 ‘‘(A) recommend any changes to the pro15 gram which the Secretary, in consultation with 

16 the Attorney General, has identified as nec17 essary to improve the program, and the reasons 

18 for any such changes; 

19 ‘‘(B) list and describe legislative priorities 

20 for Congress relating to the continuation of the 

21 program; and 

22 ‘‘(C) provide recommendations for the 

23 amounts of funding that should be appropriated 

24 for the continuation of the program in future 


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1 fiscal years, including justifications for such 

2 amounts. 

3 ‘‘(l) GENERAL REGULATORY AUTHORITY.—The Sec4 retary, in consultation with the Attorney General, may 

5 promulgate regulations and guidelines to carry out this 

6 section. 

7 ‘‘(m) DEFINITIONS.—For the purposes of this sec8 tion: 

9 ‘‘(1) The term ‘local law enforcement agency or 

10 department’ means a local municipal police depart11 ment or a county sheriff’s office in communities 

12 where there is no police department. 

13 ‘‘(2) The term ‘tribal law enforcement agency 

14 or department’ means the police force of an Indian 

15 tribe (as such term is defined in section 4 of the In16 dian Self-Determination and Education Assistance 

17 Act (25 U.S.C. 450b)) established and maintained 

18 by such a tribe pursuant to the tribe’s powers of 

19 self-government to carry out law enforcement.’’. 

20 (b) DEFINITION OF FUSION CENTER.—Section 2 of 

21 such Act is amended by adding at the end the following 

22 new paragraph: 

23 ‘‘(17) The terms ‘State, local, or regional fusion 

24 center’ and ‘fusion center’ mean a State intelligence 

25 center or a regional intelligence center that is the 


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1 product of a collaborative effort of at least two 

2 qualifying agencies that provide resources, expertise, 

3 or information to such center with the goal of maxi4 mizing the ability of such intelligence center and the 

5 qualifying agencies participating in such intelligence 

6 center to provide and produce homeland security in7 formation required to detect, prevent, apprehend, 

8 and respond to terrorist and criminal activity. For 

9 purposes of the preceding sentence, qualifying agen10 cies include— 

11 ‘‘(A) State, local, and tribal law enforce12 ment authorities, and homeland and public 

13 safety agencies; 

14 ‘‘(B) State, local, and tribal entities re15 sponsible for the protection of public health and 

16 infrastructure; 

17 ‘‘(C) private sector owners of critical infra18 structure, as defined in section 1016(e) of the 

19 Uniting and Strengthening America by Pro20 viding Appropriate Tools Required to Intercept 

21 and Obstruct Terrorism (USA PATRIOT ACT) 

22 Act of 2001 (42 U.S.C. 5195c(e)); 

23 ‘‘(D) Federal law enforcement and home24 land security entities; and 


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1 ‘‘(E) other appropriate entities specified by 

2 the Secretary.’’. 

3 (c) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of such Act is amended by inserting after 

5 the item relating to section 202 the following: 

‘‘Sec. 203. FLEET Grant Program.’’. 

6 Subtitle B—Border Intelligence 

7 Fusion Center Program 

8 SEC. 711. FINDINGS. 

9 Congress finds the following: 

10 (1) The United States has 216 airports, 143 

11 seaports, and 115 official land border crossings that 

12 are official ports of entry. Screening all the people 

13 and goods coming through these busy ports is an 

14 enormous resource challenge for the men and women 

15 of the Department of Homeland Security (‘‘Depart16 ment’’) . 

17 (2) Department personnel, including personnel 

18 from the Bureau of Customs and Border Protection 

19 (‘‘CBP’’) and U.S. Immigration and Customs En20 forcement (‘‘ICE’’), cannot be everywhere at all 

21 times to ensure that terrorists, weapons of mass de22 struction, and other related contraband are not 

23 being smuggled across the border in order to sup24 port attacks against the United States. 


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1 (3) State, local, and tribal law enforcement per2 sonnel are uniquely situated to help secure the bor3 der areas in their respective jurisdictions by serving 

4 as ‘‘force multipliers’’. To do so, however, law en5 forcement officers need access to available border in6 telligence developed by the Department. Such access 

7 shall help State, local, and tribal law enforcement 

8 personnel deploy their resources most effectively to 

9 detect and interdict terrorists, weapons of mass de10 struction, and related contraband at United States 

11 borders. 

12 (4) The Department has not yet developed a 

13 single, easily accessible, and widely available system 

14 to consistently share border intelligence and other 

15 information with its State, local, and tribal law en16 forcement partners. It likewise has failed to establish 

17 a process by which State, local, and tribal law en18 forcement personnel can consistently share with the 

19 Department information that they obtain that is rel20 evant to border security. 

21 (5) As a result, State, local, and tribal law en22 forcement personnel serving jurisdictions along the 

23 northern and southern borders typically depend 

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1 formation they need. While personal relationships 

2 have helped in some locales, they have not in others. 

3 This has led to an inconsistent sharing of border in4 telligence from jurisdiction to jurisdiction. 

5 (6) State, local, and regional fusion centers 

6 (‘‘fusion centers’’) may help improve this situation. 

7 (7) In the wake of the terrorist attacks of Sep8 tember 11, 2001, numerous State, local, and tribal 

9 authorities responsible for the protection of the pub10 lic and critical infrastructure established fusion cen11 ters to help prevent terrorist attacks while at the 

12 same time preparing to respond to and recover from 

13 a terrorist attack should one occur. 

14 (8) Most border States have some variation of 

15 a fusion center. 

16 (9) In general, while the Federal Government 

17 has helped to establish fusion centers through the 

18 Department’s grants, a substantial percentage of the 

19 financial burden to support ongoing fusion center 

20 operations is borne by States and localities. 

21 (10) The Department, and in particular, the 

22 Department’s Office of Intelligence and Analysis, 

23 has undertaken a program through which it sends 

24 such office’s personnel to fusion centers to establish 

25 a Department presence at those centers. In so doing, 


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1 the hope is that such personnel will serve as a point 

2 of contact for information being shared at fusion 

3 centers by State, local, and tribal law enforcement 

4 personnel. Personnel at fusion centers hopefully will 

5 also act as a channel for information being shared 

6 by the Department itself. 

7 (11) Border State, local, and tribal law enforce8 ment officers anticipate that fusion centers will be a 

9 critical source of border intelligence from the De10 partment. While the Department’s border intel11 ligence products generated in the District of Colum12 bia and disseminated to fusion centers will undoubt13 edly be helpful, a far richer source of border intel14 ligence will likely come from CBP and ICE per15 sonnel working locally in border jurisdictions them16 selves. 

17 (12) Establishing a CBP and ICE presence at 

18 border State fusion centers will help ensure the most 

19 consistent, timely, and relevant flow of border intel20 ligence to and from the Department and State, local, 

21 and tribal law enforcement in border communities. 

22 Border State fusion centers thus could serve as a 

23 tool to build upon the personal relationships and in24 formation sharing that exists in some, but not all, 


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1 jurisdictions between CBP, ICE, and State, local, 

2 and tribal law enforcement. 

3 SEC. 712. ESTABLISHMENT OF BORDER INTELLIGENCE FU4 SION CENTER PROGRAM. 

5 (a) IN GENERAL.—Subtitle A of title II of the Home6 land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 

7 amended by adding at the end the following new section: 

8 ‘‘SEC. 204. BORDER INTELLIGENCE FUSION CENTER PRO9 GRAM. 

10 ‘‘(a) ESTABLISHMENT.— 

11 ‘‘(1) IN GENERAL.—There is established in the 

12 Department the Border Intelligence Fusion Center 

13 Program, to be administered by the Under Secretary 

14 for Intelligence and Analysis, for the purpose of sta15 tioning Bureau of Customs and Border Protection 

16 and U.S. Immigration and Customs Enforcement of17 ficers or intelligence analysts in the fusion centers of 

18 participating border States. 

19 ‘‘(2) NEW HIRES.—Funding provided under the 

20 Border Intelligence Fusion Center Program shall be 

21 available to hire new CBP and ICE officers or intel22 ligence analysts to replace CBP and ICE officers or 

23 intelligence analysts who are stationed at border 

24 State fusion centers under this section. 

25 ‘‘(b) PARTICIPATION.— 


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1 ‘‘(1) IN GENERAL.—The Secretary may develop 

2 qualifying criteria for a border state fusion center’s 

3 participation in the Border Intelligence Fusion Cen4 ter Program. 

5 ‘‘(2) CRITERIA.—Such criteria may include the 

6 following: 

7 ‘‘(A) Whether the center focuses on a 

8 broad counterterrorism and counter-criminal 

9 approach, and whether that broad approach is 

10 pervasive through all levels of the organization. 

11 ‘‘(B) Whether the center has sufficient 

12 numbers of adequately trained personnel to 

13 support a broad counterterrorism and counter14 criminal mission. 

15 ‘‘(C) Whether the center has access to rel16 evant law enforcement, private sector, open 

17 source, and national security data, as well as 

18 the ability to share and analytically exploit such 

19 data for actionable ends in accordance with all 

20 applicable laws and regulations. 

21 ‘‘(D) The entity or entities providing finan22 cial support for the center’s funding. 

23 ‘‘(E) Whether the center’s leadership is 

24 committed to the fusion center’s mission, and 

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1 rorism prevention, mitigation, response, and re2 covery. 

3 ‘‘(c) ASSIGNMENT.—Wherever possible, not fewer 

4 than one CBP officer or intelligence analyst and one ICE 

5 officer or intelligence analyst shall be stationed at each 

6 participating border State fusion center. 

7 ‘‘(d) PREREQUISITE.— 

8 ‘‘(1) PRIOR WORK EXPERIENCE IN AREA.—To 

9 be stationed at a border State fusion center under 

10 this section, a CBP or ICE officer shall have served 

11 as a CBP or ICE officer in the State in which the 

12 fusion center where such officer shall be stationed is 

13 located for not less than two years before such as14 signment in order to ensure that such officer is fa15 miliar with the geography and people living in bor16 der communities, as well as the State, local, and 

17 tribal law enforcement agencies serving those com18 munities. 

19 ‘‘(2) INTELLIGENCE ANALYSIS, PRIVACY, AND

20 CIVIL LIBERTIES TRAINING.—Before being stationed 

21 at a border State fusion center under this section, 

22 a CBP or ICE officer shall undergo— 

23 ‘‘(A) appropriate intelligence analysis 

24 training via an intelligence-led policing cur25 riculum that is consistent with the standards 


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1 and recommendations of the National Criminal 

2 Intelligence Sharing Plan, the Department of 

3 Justice and Department Fusion Center Guide4 lines, title 28, part 23, Code of Federal Regula5 tions, as well as any other training prescribed 

6 by the Under Secretary for Intelligence and 

7 Analysis; and 

8 ‘‘(B) appropriate privacy and civil liberties 

9 training that is developed, supported, or spon10 sored by the Privacy Officer and the Officer for 

11 Civil Rights and Civil Liberties in partnership 

12 with the Privacy and Civil Liberties Oversight 

13 Board. 

14 ‘‘(3) EXPEDITED SECURITY CLEARANCE PROC15 ESSING.—The Under Secretary for Intelligence and 

16 Analysis shall ensure that security clearance proc17 essing is expedited for each CBP and ICE officer or 

18 intelligence analyst stationed at border State fusion 

19 centers under this section and shall ensure that such 

20 officer or analyst has the appropriate clearance to 

21 conduct the work of the Border Intelligence Fusion 

22 Center Program. 

23 ‘‘(4) FURTHER QUALIFICATIONS.—Each CBP 

24 and ICE officer or intelligence analyst stationed at 

25 a border State fusion center under this section shall 


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1 satisfy any other qualifications the Under Secretary 

2 for Intelligence and Analysis may prescribe. 

3 ‘‘(e) RESPONSIBILITIES.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) CREATION AND DISSEMINATION OF

6 BORDER INTELLIGENCE PRODUCTS.—CBP and 

7 ICE officers and intelligence analysts assigned 

8 to border State fusion centers under this sec9 tion will help State, local, and tribal law en10 forcement in jurisdictions along the northern 

11 and southern borders, and border State fusion 

12 center staff, overlay threat and suspicious activ13 ity with Federal homeland security information 

14 in order to develop a more comprehensive and 

15 accurate threat picture. Such CBP and ICE of16 ficers and intelligence analysts accordingly shall 

17 have as their primary mission the review of bor18 der security-relevant information from State, 

19 local, and tribal law enforcement sources, and 

20 the creation of border intelligence products de21 rived from such information and other border22 security relevant information provided by the 

23 Department, and the dissemination of such 

24 products to border State, local, and tribal law 

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1 ligence analysts assigned to border State fusion 

2 centers under this section shall also provide 

3 such products to the Office of Intelligence and 

4 Analysis of the Department for collection and 

5 dissemination to other fusion centers in other 

6 border States. 

7 ‘‘(B) DATABASE ACCESS.—In order to ful8 fill the objectives described in subparagraph 

9 (A), CBP and ICE officers and intelligence an10 alysts stationed at border State fusion centers 

11 under this section shall have direct access to all 

12 relevant databases at their respective agencies. 

13 ‘‘(C) CUSTOMER SATISFACTION SUR14 VEYS.—The Secretary shall create a mechanism 

15 for State, local, and tribal law enforcement offi16 cers who are consumers of the intelligence prod17 ucts described in subparagraph (A) to fill out 

18 an electronic customer satisfaction survey when19 ever they access such a product. The results of 

20 these voluntary surveys should be provided elec21 tronically to appropriate personnel of the De22 partment. The results of these customer satis23 faction surveys should also be included in an 

24 appropriate format in the annual status reports 

25 described in subsection (h)(2)(A). 


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1 ‘‘(2) CULTIVATION OF RELATIONSHIPS.—CBP 

2 and ICE officers and intelligence analysts stationed 

3 at border State fusion centers under this section 

4 shall actively cultivate relationships with State, local, 

5 and tribal law enforcement personnel in border com6 munities in order to satisfy the mission described in 

7 paragraph (1), and shall make similar outreach to 

8 Canadian and Mexican law enforcement authorities 

9 serving neighboring communities across the northern 

10 and southern borders. CBP and ICE officers and in11 telligence analysts stationed at border State fusion 

12 centers under this section may also serve as a con13 duit of border intelligence products from the Depart14 ment itself and shall ensure that such products are 

15 provided to all appropriate law enforcement agen16 cies, departments, and offices in border States. 

17 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec18 tion shall be construed to require a border State fusion 

19 center to participate in the Border Intelligence Fusion 

20 Center Program. 

21 ‘‘(g) REPORTS.— 

22 ‘‘(1) DEVELOPMENT OF IMPLEMENTATION

23 PLAN.— 

24 ‘‘(A) IN GENERAL.—Not later than 90 

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1 plementing the 9/11 Commission Recommenda2 tions Act of 2007, the Secretary shall develop 

3 a Border Intelligence Fusion Center Program 

4 implementation plan and submit to the appro5 priate congressional committees a copy of such 

6 plan. In developing such plan, the Secretary 

7 shall consult with State, local, and tribal au8 thorities responsible for border State fusion 

9 centers. 

10 ‘‘(B) CONTENTS.—The implementation 

11 plan should also address the following elements 

12 for effective program assessment: 

13 ‘‘(i) A clear articulation of the pur14 poses, goals, and specific objectives for 

15 which the program is being developed. 

16 ‘‘(ii) An identification of program 

17 stakeholders and an assessment of their in18 terests in and expectations of the program. 

19 ‘‘(iii) A developed set of quantitative 

20 metrics to measure, to the extent possible, 

21 program output. 

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1 holders believe their needs and expecta2 tions are being met. 

3 ‘‘(2) STATUS REPORTS AND CONTINUATION AS4 SESSMENT.— 

5 ‘‘(A) STATUS REPORTS.— 

6 ‘‘(i) IN GENERAL.—The Secretary 

7 shall submit to the appropriate congres8 sional committees status reports on the 

9 Border Intelligence Fusion Center Pro10 gram. The reports shall address the ele11 ments described in paragraph (1)(B). The 

12 reports shall also include the following: 

13 ‘‘(I) A description of the training 

14 programs in place for CBP and ICE 

15 officers and intelligence analysts par16 ticipating in the program. 

17 ‘‘(II) A listing of the border 

18 State fusion centers where CBP and 

19 ICE officers and intelligence analysts 

20 are deployed. 

21 ‘‘(III) A representative survey of 

22 State, local, and tribal law enforce23 ment officers serving border jurisdic24 tions regarding the specificity and ac25 tionable nature of the border intelVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 ligence provided by CBP and ICE of2 ficers at such fusion centers. 

3 ‘‘(IV) A description of the results 

4 of the customer satisfaction surveys 

5 submitted by users of the products de6 scribed in subsection (e)(1). 

7 ‘‘(ii) DEADLINES.—Status reports 

8 under clause (i) shall be submitted not 

9 later than— 

10 ‘‘(I) one year after the date of 

11 the enactment of the Implementing 

12 the 9/11 Commission Recommenda13 tions Act of 2007; and 

14 ‘‘(II) three and five years after 

15 the date on which the Border Intel16 ligence Fusion Center Program is es17 tablished. 

18 ‘‘(B) CONTINUATION ASSESSMENT.—Not 

19 later than the end of the fifth year following the 

20 date on which the Border Intelligence Fusion 

21 Center Program is established, the Secretary 

22 shall submit to the appropriate congressional 

23 committees a Border Intelligence Fusion Center 

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1 tinuation assessment shall accomplish the fol2 lowing: 

3 ‘‘(i) Recommend whether the program 

4 should continue in its present or some al5 tered form or not. 

6 ‘‘(ii) Provide the reasons for that rec7 ommendation. 

8 ‘‘(iii) If the recommendation is that 

9 the program should continue, list and de10 scribe legislative priorities for Congress re11 garding the continuation of the program, 

12 and provide recommended appropriations 

13 amounts and justifications for them. 

14 ‘‘(h) DEFINITION OF BORDER STATE FUSION CEN15 TER.—The term ‘border State fusion center’ means a fu16 sion center located in the State of Washington, Idaho, 

17 Montana, North Dakota, Minnesota, Wisconsin, Michigan, 

18 Ohio, Pennsylvania, New York, Vermont, New Hampshire, 

19 Maine, California, Arizona, New Mexico, or Texas.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of such Act is amended by inserting after 

22 the item relating to section 203 the following: 

‘‘Sec. 204. Border Intelligence Fusion Center Program.’’. 


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1 Subtitle C—Homeland Security 

2 Information Sharing Enhancement 

3 SEC. 721. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Homeland Security 

5 Information Sharing Enhancement Act of 2007’’. 

6 SEC. 722. HOMELAND SECURITY ADVISORY SYSTEM. 

7 (a) IN GENERAL.—Subtitle A of title II of the Home8 land Security Act of 2002 (6 U.S.C. 121 et seq.) is amend9 ed by adding at the end the following: 

10 ‘‘SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM. 

11 ‘‘(a) REQUIREMENT.—The Under Secretary for Intel12 ligence and Analysis shall implement a Homeland Security 

13 Advisory System in accordance with this section to provide 

14 public advisories and alerts regarding threats to homeland 

15 security, including national, regional, local, and economic 

16 sector advisories and alerts, as appropriate. 

17 ‘‘(b) REQUIRED ELEMENTS.—The Under Secretary, 

18 under the System— 

19 ‘‘(1) shall include, in each advisory and alert re20 garding a threat, information on appropriate protec21 tive measures and countermeasures that may be 

22 taken in response to the threat; 

23 ‘‘(2) shall, whenever possible, limit the scope of 

24 each advisory and alert to a specific region, locality, 

25 or economic sector believed to be at risk; and 


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1 ‘‘(3) shall not, in issuing any advisory or alert, 

2 use color designations as the exclusive means of 

3 specifying the homeland security threat conditions 

4 that are the subject of the advisory or alert.’’. 

5 (b) CLERICAL AMENDMENT.—The table of contents 

6 in section 1(b) of such Act is amended by adding at the 

7 end of the items relating to subtitle A of title II the fol8 lowing: 

‘‘Sec. 205. Homeland Security Advisory System.’’. 

9 SEC. 723. HOMELAND SECURITY INFORMATION SHARING. 

10 (a) IN GENERAL.—Subtitle A of title II of the Home11 land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 

12 amended by adding at the end the following: 

13 ‘‘SEC. 206. HOMELAND SECURITY INFORMATION SHARING. 

14 ‘‘(a) INFORMATION SHARING ENVIRONMENT.—Con15 sistent with section 1016 of the National Intelligence Re16 form and Terrorism Prevention Act of 2004 (6 U.S.C. 

17 485) and in accordance with all other applicable laws and 

18 regulations, the Secretary shall integrate and standardize 

19 the information of the intelligence components of the De20 partment into a Department information sharing environ21 ment, to be administered by the Under Secretary for Intel22 ligence and Analysis. 

23 ‘‘(b) INFORMATION SHARING AND KNOWLEDGE

24 MANAGEMENT OFFICERS.—For each intelligence compo25 nent of the Department, the Secretary shall designate an 


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1 information sharing and knowledge management officer 

2 who shall report to the Under Secretary for Intelligence 

3 and Analysis with respect to coordinating the different 

4 systems used in the Department to gather and disseminate 

5 homeland security information. 

6 ‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES

7 OF INFORMATION.— 

8 ‘‘(1) ESTABLISHMENT OF BUSINESS PROC9 ESSES.—The Under Secretary for Intelligence and 

10 Analysis shall establish Department-wide procedures 

11 for the review and analysis of information gathered 

12 from State, local, tribal, and private-sector sources 

13 and, as appropriate, integrate such information into 

14 the information gathered by the Department and 

15 other department and agencies of the Federal Gov16 ernment. 

17 ‘‘(2) FEEDBACK.—The Secretary shall develop 

18 mechanisms to provide analytical and operational 

19 feedback to any State, local, tribal, and private-sec20 tor entities that gather information and provide such 

21 information to the Secretary. 

22 ‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.— 

23 ‘‘(1) TRAINING.—The Under Secretary shall 

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1 standing of the definition of homeland security infor2 mation, how information available to them as part of 

3 their duties might qualify as homeland security in4 formation, and how information available to them is 

5 relevant to the Office of Intelligence and Analysis. 

6 ‘‘(2) EVALUATIONS.—The Under Secretary 

7 shall, on an ongoing basis, evaluate how employees 

8 of the Office of Intelligence and Analysis and the in9 telligence components of the Department are uti10 lizing homeland security information and partici11 pating in the Department information sharing envi12 ronment.’’. 

13 (b) CLERICAL AMENDMENT.—The table of contents 

14 in section 1(b) of such Act is further amended by adding 

15 at the end of the items relating to such subtitle the fol16 lowing: 

‘‘Sec. 206. Homeland security information sharing.’’. 

17 (c) ESTABLISHMENT OF COMPREHENSIVE INFORMA18 TION TECHNOLOGY NETWORK ARCHITECTURE.— 

19 (1) IN GENERAL.—Subtitle A of title II of the 

20 Homeland Security Act of 2002 (6 U.S.C. 121 et 

21 seq.) is further amended by adding at the end the 

22 following new section: 


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1 ‘‘SEC. 207. COMPREHENSIVE INFORMATION TECHNOLOGY 

2 NETWORK ARCHITECTURE. 

3 ‘‘(a) ESTABLISHMENT.—The Secretary, acting 

4 through the Chief Intelligence Officer, shall establish a 

5 comprehensive information technology network architec6 ture for the Office of Intelligence and Analysis. 

7 ‘‘(b) NETWORK MODEL.—The comprehensive infor8 mation technology network architecture established under 

9 subsection (a) shall, to the extent possible, incorporate the 

10 approaches, features, and functions of the network pro11 posed by the Markle Foundation in reports issued in Octo12 ber 2002 and December 2003, known as the System-wide 

13 Homeland Security Analysis and Resource Exchange 

14 (SHARE) Network. 

15 ‘‘(c) COMPREHENSIVE INFORMATION TECHNOLOGY

16 NETWORK ARCHITECTURE DEFINED.—the term ‘com17 prehensive information technology network architecture’ 

18 means an integrated framework for evolving or maintain19 ing existing information technology and acquiring new in20 formation technology to achieve the strategic goals and in21 formation resources management goals of the Office of In22 telligence and Analysis.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents in section 1(b) of such Act is further amended 


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1 by adding at the end of the items relating to such 

2 subtitle the following: 

‘‘Sec. 207. Comprehensive information technology network architecture.’’. 

3 (3) REPORTS.— 

4 (A) REPORT ON IMPLEMENTATION OF

5 PLAN.—Not later than 360 days after the date 

6 of the enactment of this Act, the Secretary of 

7 Homeland Security shall submit to the Com8 mittee on Homeland Security and Govern9 mental Affairs of the Senate and the Committee 

10 on Homeland Security of the House of Rep11 resentatives a report containing a plan to imple12 ment the comprehensive information technology 

13 network architecture for the Office of Intel14 ligence and Analysis of the Department of 

15 Homeland Security required under section 205 

16 of the Homeland Security Act of 2002, as 

17 added by paragraph (1). Such report shall in18 clude the following: 

19 (i) Priorities for the development of 

20 the comprehensive information technology 

21 network architecture and a rationale for 

22 such priorities. 

23 (ii) An explanation of how the various 

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1 tion technology network architecture will 

2 work together and interconnect. 

3 (iii) A description of the technology 

4 challenges that the Office of Intelligence 

5 and Analysis will face in implementing the 

6 comprehensive information technology net7 work architecture. 

8 (iv) A description of technology op9 tions that are available or are in develop10 ment that may be incorporated into the 

11 comprehensive technology network archi12 tecture, the feasibility of incorporating 

13 such options, and the advantages and dis14 advantages of doing so. 

15 (v) An explanation of any security 

16 protections to be developed as part of the 

17 comprehensive information technology net18 work architecture. 

19 (vi) A description of any safeguards 

20 for civil liberties and privacy to be built 

21 into the comprehensive information tech22 nology network architecture. 

23 (vii) An operational best practices 

24 plan. 


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1 (B) PROGRESS REPORT.—Not later than 

2 180 days after the date on which the report is 

3 submitted under subparagraph (A), the Sec4 retary of Homeland Security shall submit to the 

5 Committee on Homeland Security and Govern6 mental Affairs of the Senate and the Committee 

7 on Homeland Security of the House of Rep8 resentatives a report on the progress of the Sec9 retary in developing the comprehensive informa10 tion technology network architecture required 

11 under section 205 of the Homeland Security 

12 Act of 2002, as added by paragraph (1). 

13 (d) INTELLIGENCE COMPONENT DEFINED.—Section 

14 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) 

15 is further amended by adding at the end the following new 

16 paragraph: 

17 ‘‘(18) The term ‘intelligence component of the 

18 Department’ means any directorate, agency, or ele19 ment of the Department that gathers, receives, ana20 lyzes, produces, or disseminates homeland security 

21 information except— 

22 ‘‘(A) a directorate, agency, or element of 

23 the Department that is required to be main24 tained as a distinct entity under this Act; or 


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1 ‘‘(B) any personnel security, physical secu2 rity, document security, or communications se3 curity program within any directorate, agency, 

4 or element of the Department.’’. 

5 Subtitle D—Homeland Security 

6 Information Sharing Partnerships 

7 SEC. 731. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Homeland Security 

9 Information Sharing Partnerships Act of 2007’’. 

10 SEC. 732. STATE, LOCAL, AND REGIONAL INFORMATION FU11 SION CENTER INITIATIVE. 

12 (a) IN GENERAL.—Subtitle A of title II of the Home13 land Security Act of 2002 (6 U.S.C. 121 et seq.) is further 

14 is amended by adding at the end the following: 

15 ‘‘SEC. 208. STATE, LOCAL, AND REGIONAL FUSION CENTER 

16 INITIATIVE. 

17 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab18 lish a State, Local, and Regional Fusion Center Initiative 

19 to establish partnerships with State, local, and regional 

20 fusion centers. 

21 ‘‘(b) DUTIES.—Through the State, Local, and Re22 gional Fusion Center Initiative, the Secretary shall— 

23 ‘‘(1) coordinate with the principal official of 

24 each State, local, or regional fusion center and the 


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1 official designated as the Homeland Security Advisor 

2 of the State; 

3 ‘‘(2) provide Department operational and intel4 ligence advice and assistance to State, local, and re5 gional fusion centers; 

6 ‘‘(3) support efforts to include State, local, and 

7 regional fusion centers into efforts to establish an 

8 information sharing environment (as defined under 

9 section 1016(a)(2) of the Intelligence Reform and 

10 Terrorism Prevention Act of 2004 (6 U.S.C. 

11 485(a)(2))) in accordance with all applicable laws 

12 and regulations; 

13 ‘‘(4) conduct table-top and live training exer14 cises to regularly assess the capability of individual 

15 and regional networks of State, local, and regional 

16 fusion centers to integrate the efforts of such net17 works with the efforts of the Department; 

18 ‘‘(5) coordinate with other relevant Federal en19 tities engaged in homeland security-related activities; 

20 ‘‘(6) provide analytic and reporting advice and 

21 assistance to State, local, and regional fusion cen22 ters; 

23 ‘‘(7) review homeland security information 

24 gathered by State, local, and regional fusion centers 


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1 and incorporate relevant information with homeland 

2 security information of the Department; 

3 ‘‘(8) provide management assistance to State, 

4 local, and regional fusion centers; 

5 ‘‘(9) serve as a point of contact to ensure the 

6 dissemination of relevant homeland security informa7 tion. 

8 ‘‘(10) facilitate close communication and coordi9 nation between State, local, and regional fusion cen10 ters and the Department; 

11 ‘‘(11) provide State, local, and regional fusion 

12 centers with expertise on Department resources and 

13 operations; 

14 ‘‘(12) provide training to State, local, and re15 gional fusion centers and encourage such fusion cen16 ters to participate in terrorist threat-related exer17 cises conducted by the Department; and 

18 ‘‘(13) carry out such other duties as the Sec19 retary determines are appropriate.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of such Act is further amended by adding 

22 at the end of the items relating to such subtitle the fol23 lowing: 

‘‘Sec. 208. State, Local, and Regional Information Fusion Center Initiative.’’. 

24 (c) REPORTS.— 


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1 (1) CONCEPT OF OPERATIONS.—Not later than 

2 90 days after the date of the enactment of this Act 

3 and before the State, Local, and Regional Fusion 

4 Center Initiative under section 208 of the Homeland 

5 Security Act of 2002, as added by subsection (a), 

6 has been implemented, the Secretary shall submit to 

7 the Committee on Homeland Security and Govern8 mental Affairs of the Senate and the Committee on 

9 Homeland Security of the House of Representatives 

10 a report that contains a concept of operations for 

11 the Initiative, which shall include a privacy and civil 

12 liberties impact assessment. 

13 (2) PRIVACY AND CIVIL LIBERTIES.— 

14 (A) REVIEW OF CONCEPT OF OPER15 ATIONS.—Not later than 180 days after the 

16 date on which the report under paragraph (1) 

17 is submitted, the Privacy Officer of the Depart18 ment of Homeland Security and the Officer for 

19 Civil Rights and Civil Liberties of the Depart20 ment of Homeland Security shall review the pri21 vacy and civil liberties implications of the Ini22 tiative and the concept of operations and report 

23 any concerns to the Secretary of Homeland Se24 curity and the Under Secretary of Homeland 

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1 retary may not implement the Initiative until 

2 the Privacy Officer and the Officer for Civil 

3 Rights and Civil Liberties have certified that 

4 any privacy or civil liberties concerns have been 

5 addressed. 

6 (B) REVIEW OF PRIVACY IMPACT.—Under 

7 the authority of section 222(5) of the Home8 land Security Act of 2002 (6 U.S.C. 142(5)), 

9 not later than one year after the date on which 

10 the State, Local, and Regional Fusion Center 

11 Initiative is implemented, the Privacy Officer of 

12 the Department of Homeland Security, in con13 sultation with the Officer for Civil Rights and 

14 Civil Liberties of the Department of Homeland 

15 Security, shall submit to Congress, the Sec16 retary of Homeland Security, and the Under 

17 Secretary of Homeland Security for Intelligence 

18 and Analysis a report on the privacy and civil 

19 liberties impact of the Initiative. 

20 SEC. 733. HOMELAND SECURITY INFORMATION SHARING 

21 FELLOWS PROGRAM. 

22 (a) ESTABLISHMENT OF PROGRAM.—Subtitle A of 

23 title II of the Homeland Security Act of 2002 (6 U.S.C. 

24 121 et seq.) is further amended by adding at the end the 

25 following: 


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1 ‘‘SEC. 209. HOMELAND SECURITY INFORMATION SHARING 

2 FELLOWS PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—The Secretary, acting 

5 through the Under Secretary for Intelligence and 

6 Analysis, shall establish a fellowship program in ac7 cordance with this section for the purpose of— 

8 ‘‘(A) detailing State, local, and tribal law 

9 enforcement officers and intelligence analysts to 

10 the Department to participate in the work of 

11 the Office of Intelligence and Analysis in order 

12 to become familiar with— 

13 ‘‘(i) the mission and capabilities of the 

14 Office of Intelligence and Analysis; and 

15 ‘‘(ii) the role, programs, products, and 

16 personnel of the Office of Intelligence and 

17 Analysis; and 

18 ‘‘(B) promoting information sharing be19 tween the Department and State, local, and 

20 tribal law enforcement officers and intelligence 

21 analysts by stationing such officers and ana22 lysts in order to— 

23 ‘‘(i) serve as a point of contact in the 

24 Department to assist in the representation 

25 of State, local, and tribal homeland secu26 rity information needs; 


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1 ‘‘(ii) identify homeland security infor2 mation of interest to State, local, and trib3 al law enforcement officers and intelligence 

4 analysts; and 

5 ‘‘(iii) assist Department analysts in 

6 preparing and disseminating terrorism-re7 lated products that are tailored to State, 

8 local, and tribal law enforcement officers 

9 and intelligence analysts and designed to 

10 thwart terrorist attacks. 

11 ‘‘(2) PROGRAM NAME.—The program under 

12 this section shall be known as the ‘Homeland Secu13 rity Information Sharing Fellows Program’. 

14 ‘‘(b) ELIGIBILITY.— 

15 ‘‘(1) IN GENERAL.—In order to be eligible for 

16 selection as an Information Sharing Fellow under 

17 the program, an individual must— 

18 ‘‘(A) have homeland security-related re19 sponsibilities or law enforcement-related respon20 sibilities; 

21 ‘‘(B) be eligible for an appropriate national 

22 security clearance; 

23 ‘‘(C) possess a valid need for access to 

24 classified information, as determined by the 

25 Under Secretary for Intelligence and Analysis; 


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1 ‘‘(D) be an employee of an eligible entity; 

2 and 

3 ‘‘(E) have undergone appropriate privacy 

4 and civil liberties training that is developed, 

5 supported, or sponsored by the Privacy Officer 

6 and the Officer for Civil Rights and Civil Lib7 erties in partnership with the Privacy and Civil 

8 Liberties Oversight Board. 

9 ‘‘(2) ELIGIBLE ENTITIES.—For purposes of this 

10 subsection, the term ‘eligible entity’ means— 

11 ‘‘(A) a State, local, or regional fusion cen12 ter; 

13 ‘‘(B) a State or local law enforcement or 

14 other government entity that serves a major 

15 metropolitan area, as determined by the Sec16 retary; 

17 ‘‘(C) a State or local law enforcement or 

18 other government entity that serves a suburban 

19 or rural area, as determined by the Secretary; 

20 ‘‘(D) a State or local law enforcement or 

21 other government entity with port responsibil22 ities, as determined by the Secretary; 

23 ‘‘(E) a State or local law enforcement or 

24 other government entity with border responsibil25 ities, as determined by the Secretary; 


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1 ‘‘(F) a State or local law enforcement or 

2 other government entity with agricultural re3 sponsibilities, as determined by the Secretary; 

4 ‘‘(G) a tribal law enforcement or other au5 thority; or 

6 ‘‘(H) such other entity as the Secretary de7 termines is appropriate. 

8 ‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or 

9 tribal law enforcement or other government entity shall 

10 be required to participate in the Homeland Security Infor11 mation Sharing Fellows Program. 

12 ‘‘(d) PROCEDURES FOR NOMINATION AND SELEC13 TION.— 

14 ‘‘(1) IN GENERAL.—The Under Secretary shall 

15 establish procedures to provide for the nomination 

16 and selection of individuals to participate in the 

17 Homeland Security Information Sharing Fellows 

18 Program. 

19 ‘‘(2) LIMITATIONS.—The Under Secretary 

20 shall— 

21 ‘‘(A) select law enforcement officers and 

22 intelligence analysts representing a broad cross23 section of State, local, and tribal agencies; and 

24 ‘‘(B) ensure that the number of Informa25 tion Sharing Fellows selected does not impede 


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1 the activities of the Office of Intelligence and 

2 Analysis. 

3 ‘‘(e) LENGTH OF SERVICE.—Information Sharing 

4 Fellows shall serve for a reasonable period of time, as de5 termined by the Under Secretary. Such period of time 

6 shall be sufficient to advance the information-sharing 

7 goals of the Under Secretary and encourage participation 

8 by as many qualified nominees as possible. 

9 ‘‘(f) CONDITION.—As a condition of selecting an indi10 vidual as an Information Sharing Fellow under the pro11 gram, the Under Secretary shall require that the individ12 ual’s employer agree to continue to pay the individual’s 

13 salary and benefits during the period for which the indi14 vidual is detailed. 

15 ‘‘(g) STIPEND.—During the period for which an indi16 vidual is detailed under the program, the Under Secretary 

17 shall, subject to the availability of appropriations provide 

18 to the individual a stipend to cover the individual’s reason19 able living expenses for that period. 

20 ‘‘(h) SECURITY CLEARANCES.—If an individual se21 lected for a fellowship under the Information Sharing Fel22 lows Program does not possess the appropriate security 

23 clearance, the Under Secretary shall ensure that security 

24 clearance processing is expedited for such individual and 

25 shall ensure that each such Information Sharing Fellow 


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1 has obtained the appropriate security clearance prior to 

2 participation in the Program.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 in section 1(b) of such Act is further amended by adding 

5 at the end of the items relating to such subtitle the fol6 lowing: 

‘‘Sec. 209. Homeland Security Information Sharing Fellows Program.’’. 

7 (c) REPORTS.— 

8 (1) CONCEPT OF OPERATIONS.—Not later than 

9 90 days after the date of the enactment of this Act 

10 and before the implementation of the Homeland Se11 curity Information Sharing Fellows Program under 

12 section 209 of the Homeland Security Act of 2002, 

13 as added by subsection (a), the Secretary shall sub14 mit to the Committee on Homeland Security and 

15 Governmental Affairs of the Senate and the Com16 mittee on Homeland Security of the House of Rep17 resentatives a report that contains a concept of oper18 ations for the Program, which shall include a privacy 

19 and civil liberties impact assessment. 

20 (2) PRIVACY AND CIVIL LIBERTIES.— 

21 (A) REVIEW OF CONCEPT OF OPER22 ATIONS.—Not later than 180 days after the 

23 date on which the report under paragraph (1) 

24 is submitted, the Privacy Officer of the Depart25 ment of Homeland Security and the Officer for 


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1 Civil Rights and Civil Liberties of the Depart2 ment of Homeland Security shall review the pri3 vacy and civil liberties implications of the Pro4 gram and the concept of operations and report 

5 any concerns to the Secretary of Homeland Se6 curity and the Under Secretary of Homeland 

7 Security for Intelligence and Analysis. The Sec8 retary may not implement the Program until 

9 the Privacy Officer and the Officer for Civil 

10 Rights and Civil Liberties have certified that 

11 any privacy or civil liberties concerns have been 

12 addressed. 

13 (B) REVIEW OF PRIVACY IMPACT.—Under 

14 the authority of section 222(5) of the Home15 land Security Act of 2002 (6 U.S.C. 142(5)), 

16 not later than one year after the date on which 

17 the Homeland Security Information Sharing 

18 Fellows Program is implemented, the Privacy 

19 Officer of the Department of Homeland Secu20 rity, in consultation with the Officer for Civil 

21 Rights and Civil Liberties of the Department of 

22 Homeland Security, shall submit to Congress, 

23 the Secretary of Homeland Security, and the 

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1 telligence and Analysis a report on the privacy 

2 and civil liberties impact of the Program. 

3 Subtitle E—Homeland Security 

4 Intelligence Offices Reorganization 

5 SEC. 741. DEPARTMENTAL REORGANIZATION. 

6 (a) REDESIGNATION OF DIRECTORATE FOR INFOR7 MATION ANALYSIS AND INFRASTRUCTURE PROTEC8 TION.—Section 201 of the Homeland Security Act of 2002 

9 (6 U.S.C. 121) is amended— 

10 (1) in subsection (a)(1)— 

11 (A) by striking ‘‘a Directorate for Informa12 tion Analysis and Infrastructure Protection’’ 

13 and inserting ‘‘an Office of Intelligence and 

14 Analysis’’; and 

15 (B) by striking ‘‘an Under Secretary for 

16 Information Analysis and Infrastructure Pro17 tection’’ and inserting ‘‘an Under Secretary for 

18 Intelligence and Analysis’’; 

19 (2) by striking subsection (b) and redesignating 

20 subsections (c) through (g) as subsections (b) 

21 through (f), respectively; 

22 (3) in subsection (b), as so redesignated— 

23 (A) by striking ‘‘and infrastructure protec24 tion’’ before ‘‘are carried out’’ and inserting 

25 ‘‘and intelligence’’; and 


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1 (B) by striking ‘‘the Under Secretary for 

2 Information Analysis and Infrastructure Pro3 tection’’ and inserting ‘‘the Under Secretary for 

4 Intelligence and Analysis’’; 

5 (4) in subsection (c), as so redesignated— 

6 (A) by striking ‘‘the Under Secretary for 

7 Information Analysis and Infrastructure Pro8 tection’’ and inserting ‘‘the Under Secretary for 

9 Intelligence and Analysis’’; 

10 (B) by striking paragraphs (2), (5), and 

11 (6), and redesignating paragraphs (3) through 

12 (17) as paragraphs (2) through (14), respec13 tively; 

14 (C) by redesignating paragraphs (18) and 

15 (19) as paragraphs (20) and (21), respectively; 

16 (D) in paragraph (2), as so redesignated, 

17 by striking ‘‘To integrate’’ and inserting ‘‘To 

18 participate in the integration of’’; 

19 (E) in paragraph (14), as so redesignated, 

20 by inserting ‘‘the Assistant Secretary for Infra21 structure Protection and’’ after ‘‘coordinate 

22 with’’; and 

23 (F) by inserting after paragraph (14), as 

24 redesignated by subparagraph (B), the fol25 lowing new paragraphs: 


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1 ‘‘(15) To coordinate and enhance integration 

2 among intelligence components of the Department. 

3 ‘‘(16) To establish intelligence priorities, poli4 cies, processes, standards, guidelines, and procedures 

5 for the Department. 

6 ‘‘(17) To establish a structure and process to 

7 support the missions and goals of the intelligence 

8 components of the Department. 

9 ‘‘(18) To ensure that, whenever possible— 

10 ‘‘(A) the Under Secretary for Intelligence 

11 and Analysis produces and disseminates reports 

12 and analytic products based on open-source in13 formation that do not require a national secu14 rity classification under applicable law; and 

15 ‘‘(B) such unclassified open source reports 

16 are produced and disseminated contempora17 neously with reports or analytic products con18 cerning the same or similar information that 

19 the Under Secretary for Intelligence and Anal20 ysis produces and disseminates in a classified 

21 format. 

22 ‘‘(19) To establish within the Office of Intel23 ligence Analysis an Internal Continuity of Oper24 ations (COOP) Plan that— 


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1 ‘‘(A) assures that the capability exists to 

2 continue uninterrupted operations during a 

3 wide range of potential emergencies, including 

4 localized acts of nature, accidents, and techno5 logical or attack-related emergencies, that is 

6 maintained at a high level of readiness and is 

7 capable of implementation with and without 

8 warning; and 

9 ‘‘(B) includes plans and procedures gov10 erning succession to office within the Office of 

11 Intelligence and Analysis, including— 

12 ‘‘(i) emergency delegations of author13 ity (where permissible, and in accordance 

14 with applicable law); 

15 ‘‘(ii) the safekeeping of vital re16 sources, facilities, and records; 

17 ‘‘(iii) the improvisation or emergency 

18 acquisition of vital resources necessary for 

19 the performance of operations of the Of20 fice; and 

21 ‘‘(iv) the capability to relocate essen22 tial personnel and functions to and to sus23 tain the performance of the operations of 

24 the Office at an alternate work site until 

25 normal operations can be resumed.’’; 


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1 (5) in subsections (d) and (e), as redesignated 

2 by subsection (a)(2), by striking ‘‘Directorate’’ each 

3 place it appears and inserting ‘‘Office’’; and 

4 (6) in subsection (f), as redesignated by sub5 section (a)(2)— 

6 (A) by striking ‘‘the Under Secretary for 

7 Information Analysis and Infrastructure Pro8 tection’’ and inserting ‘‘the Under Secretary for 

9 Intelligence and Analysis and the Assistant Sec10 retary for Infrastructure Protection’’; and 

11 (B) by inserting ‘‘and section 203’’ after 

12 ‘‘under this section’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

14 (1) HOMELAND SECURITY ACT OF 2002.—The 

15 Homeland Security Act of 2002 (6 U.S.C. 101 et 

16 seq.) is amended— 

17 (A) in section 103(a), by adding at the end 

18 the following new paragraph: 

19 ‘‘(10) An Under Secretary for Intelligence and 

20 Analysis.’’; 

21 (B) in section 223, by striking ‘‘Under 

22 Secretary for Information Analysis and Infra23 structure Protection’’ and inserting ‘‘Under 

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1 operation with the Assistant Secretary for In2 frastructure Protection’’; 

3 (C) in section 224, by striking ‘‘Under 

4 Secretary for Information Analysis and Infra5 structure Protection’’ and inserting ‘‘Assistant 

6 Secretary for Infrastructure Protection’’; and 

7 (D) in section 302(3), by striking ‘‘Under 

8 Secretary for Information Analysis and Infra9 structure Protection’’ and inserting ‘‘Under 

10 Secretary for Intelligence and Analysis and the 

11 Assistant Secretary for Infrastructure Protec12 tion’’. 

13 (2) HEADINGS.— 

14 (A) SECTION 201.—The heading for sec15 tion 201 of such Act is amended to read as fol16 lows: 

17 ‘‘SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.’’. 

18 (B) SECTION 201(a).—The heading for 

19 subsection (a) of section 201 of such Act is 

20 amended to read as follows: 

21 ‘‘(a) UNDER SECRETARY OF HOMELAND SECURITY

22 FOR INTELLIGENCE AND ANALYSIS.—’’. 

23 (C) SECTION 201(b).—The heading for 

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1 designated by subsection (a)(2), is amended to 

2 read as follows: 

3 ‘‘(b) DISCHARGE OF INTELLIGENCE AND ANAL4 YSIS.—’’. 

5 (3) NATIONAL SECURITY ACT OF 1947.—Section 

6 106(b)(2)(I) of the National Security Act of 1947 

7 (50 U.S.C. 403–6) is amended to read as follows: 

8 ‘‘(I) The Under Secretary for Intelligence 

9 and Analysis of the Department of Homeland 

10 Security.’’. 

11 (4) INTELLIGENCE REFORM AND TERRORISM

12 PREVENTION ACT OF 2004.—Section 7306(a)(1) of 

13 the Intelligence Reform and Terrorism Prevention 

14 Act of 2004 (Public Law 108–458; 118 Stat. 3848) 

15 is amended by striking ‘‘Under Secretary for Infor16 mation Analysis and Infrastructure Protection’’ and 

17 inserting ‘‘Under Secretary for Intelligence and 

18 Analysis’’. 

19 SEC. 742. INTELLIGENCE COMPONENTS OF DEPARTMENT 

20 OF HOMELAND SECURITY. 

21 (a) RESPONSIBILITIES.—Subtitle A of title II of the 

22 Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 

23 is further amended by adding at the end the following new 

24 section: 


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1 ‘‘SEC. 210. INTELLIGENCE COMPONENTS. 

2 ‘‘(a) RESPONSIBILITIES.—Subject to the direction 

3 and control of the Secretary, the responsibilities of the 

4 head of each intelligence component of the Department 

5 are as follows: 

6 ‘‘(1) To ensure that duties related to the acqui7 sition, analysis, and dissemination of homeland secu8 rity information are carried out effectively and effi9 ciently in support of the Under Secretary for Intel10 ligence and Analysis. 

11 ‘‘(2) To support and implement the goals estab12 lished in cooperation with the Under Secretary for 

13 Intelligence and Analysis. 

14 ‘‘(3) To incorporate the input of the Under Sec15 retary for Intelligence and Analysis with respect to 

16 performance appraisals, bonus or award rec17 ommendations, pay adjustments, and other forms of 

18 commendation. 

19 ‘‘(4) To coordinate with the Under Secretary 

20 for Intelligence and Analysis in the recruitment and 

21 selection of intelligence officials of the intelligence 

22 component. 

23 ‘‘(5) To advise and coordinate with the Under 

24 Secretary for Intelligence and Analysis on any plan 

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1 nent that would, if implemented, result in realign2 ments of intelligence functions. 

3 ‘‘(6) To ensure that employees of the intel4 ligence component have knowledge of and comply 

5 with the programs and policies established by the 

6 Under Secretary for Intelligence and Analysis and 

7 other appropriate officials of the Department and 

8 that such employees comply with all applicable laws 

9 and regulations. 

10 ‘‘(7) To perform such other duties relating to 

11 such responsibilities as the Secretary may provide. 

12 ‘‘(b) TRAINING OF EMPLOYEES.—The Secretary 

13 shall provide training and guidance for employees, offi14 cials, and senior executives of the intelligence components 

15 of the Department to develop knowledge of laws, regula16 tions, operations, policies, procedures, and programs that 

17 are related to the functions of the Department relating 

18 to the handling, analysis, dissemination, and acquisition 

19 of homeland security information.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 in section 1(b) of such Act is further amended by adding 

22 at the end of the items relating to such subtitle the fol23 lowing: 

‘‘Sec. 210. Intelligence components.’’. 


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1 SEC. 743. OFFICE OF INFRASTRUCTURE PROTECTION. 

2 (a) ESTABLISHMENT.—Subtitle A of title II of the 

3 Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) 

4 is further amended by adding at the end the following new 

5 section: 

6 ‘‘SEC. 210A. OFFICE OF INFRASTRUCTURE PROTECTION. 

7 ‘‘(a) ASSISTANT SECRETARY FOR INFRASTRUCTURE

8 PROTECTION.— 

9 ‘‘(1) IN GENERAL.—There shall be in the De10 partment an Office of Infrastructure Protection 

11 headed by an Assistant Secretary for Infrastructure 

12 Protection. 

13 ‘‘(2) RESPONSIBILITIES.—The Assistant Sec14 retary shall assist the Secretary in discharging the 

15 responsibilities assigned by the Secretary. 

16 ‘‘(b) DISCHARGE OF INFRASTRUCTURE PROTEC17 TION.—The Secretary shall ensure that the responsibilities 

18 of the Department regarding infrastructure protection are 

19 carried out through the Assistant Secretary for Infrastruc20 ture Protection. 

21 ‘‘(c) RESPONSIBILITIES OF ASSISTANT SEC22 RETARY.—Subject to the direction and control of the Sec23 retary, the responsibilities of the Assistant Secretary for 

24 Infrastructure Protection shall be as follows: 

25 ‘‘(1) To carry out comprehensive assessments of 

26 the vulnerabilities of the key resources and critical 


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1 infrastructure of the United States, including the 

2 performance of risk assessments to determine the 

3 risks posed by particular types of terrorist attacks 

4 within the United States (including an assessment of 

5 the probability of success of such attacks and the 

6 feasibility and potential efficacy of various counter7 measures to such attacks). 

8 ‘‘(2) To participate in the integration of rel9 evant information, analyses, and vulnerability assess10 ments (whether such information, analyses, or as11 sessments are provided or produced by the Depart12 ment or others) in order to identify priorities for 

13 protective and support measures by the Department, 

14 other agencies of the Federal Government, State and 

15 local government agencies and authorities, the pri16 vate sector, and other entities. 

17 ‘‘(3) To develop a comprehensive national plan 

18 for securing the key resources and critical infra19 structure of the United States, including power pro20 duction, generation, and distribution systems, infor21 mation technology and telecommunications systems 

22 (including satellites), electronic financial and prop23 erty record storage and transmission systems, emer24 gency preparedness communications systems, and 


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1 the physical and technological assets that support 

2 such systems. 

3 ‘‘(4) To recommend measures necessary to pro4 tect the key resources and critical infrastructure of 

5 the United States in coordination with other agen6 cies of the Federal Government and in cooperation 

7 with State and local government agencies and au8 thorities, the private sector, and other entities. 

9 ‘‘(5) To coordinate with the Under Secretary 

10 for Intelligence and Analysis and elements of the in11 telligence community and with Federal, State, and 

12 local law enforcement agencies, and the private sec13 tor, as appropriate. 

14 ‘‘(6) To perform such other duties as assigned 

15 by the Secretary under this Act. 

16 ‘‘(d) STAFF.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall provide 

18 the Office with a staff having appropriate expertise 

19 and experience to assist the Assistant Secretary in 

20 discharging responsibilities under this section. 

21 ‘‘(2) PRIVATE SECTOR STAFF.—Staff under 

22 this subsection may include staff from the private 

23 sector. 


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1 ‘‘(3) SECURITY CLEARANCES.—Staff under this 

2 subsection shall possess security clearances appro3 priate for their work under this section. 

4 ‘‘(e) DETAIL OF PERSONNEL.— 

5 ‘‘(1) IN GENERAL.—In order to assist the Of6 fice in discharging responsibilities under this section, 

7 personnel of other Federal agencies may be detailed 

8 to the Department for the performance of analytic 

9 functions and related duties. 

10 ‘‘(2) COOPERATIVE AGREEMENTS.—The Sec11 retary and the head of the agency concerned may 

12 enter into cooperative agreements for the purpose of 

13 detailing personnel under this subsection. 

14 ‘‘(3) BASIS.—The detail of personnel under this 

15 subsection may be on a reimbursable or non-reim16 bursable basis.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 in section 1(b) of such Act is further amended by adding 

19 at the end of the items relating to such subtitle the fol20 lowing: 

‘‘Sec. 210A. Office of Infrastructure Protection.’’. 


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1 TITLE VIII—PROTECTING PRI2 VACY AND CIVIL LIBERTIES 

3 WHILE EFFECTIVELY FIGHT4 ING TERRORISM 

5 Subtitle A—Privacy and Civil 

6 Liberties Oversight Boards 

7 SEC. 801. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Protection of Civil 

9 Liberties Act’’. 

10 SEC. 802. FINDINGS. 

11 Congress finds the following: 

12 (1) On July 22, 2004 the National Commission 

13 on Terrorist Attacks Upon the United States issued 

14 a report that included 41 specific recommendations 

15 to help prevent future terrorist attacks, including de16 tails of a global strategy and government reorganiza17 tion necessary to implement that strategy. 

18 (2) One of the recommendations focused on the 

19 protections of civil liberties. Specifically the following 

20 recommendation was made: ‘‘At this time of in21 creased and consolidated government authority, 

22 there should be a board within the executive branch 

23 to oversee adherence to the guidelines we rec24 ommend and the commitment the government makes 

25 to defend our civil liberties.’’. 


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1 (3) The report also states that ‘‘the choice be2 tween security and liberty is a false choice, as noth3 ing is more likely to endanger America’s liberties 

4 than the success of a terrorist attack at home. Our 

5 History has shown that the insecurity threatens lib6 erty at home. Yet if our liberties are curtailed, we 

7 lose the values that we are struggling to defend.’’. 

8 (4) On December 17, 2004, Public Law 108– 

9 458, the National Intelligence Reform Act, was 

10 signed into law. This law created a civil liberties 

11 board that does not have the authority necessary to 

12 protect civil liberties. 

13 SEC. 803. MAKING THE PRIVACY AND CIVIL LIBERTIES 

14 OVERSIGHT BOARD INDEPENDENT. 

15 Section 1061(b) of the Intelligence Reform and Ter16 rorism Prevention Act of 2004 (5 U.S.C. 601 note) is 

17 amended by striking ‘‘within the Executive Office of the 

18 President’’ and inserting ‘‘as an independent agency with19 in the Executive branch’’. 

20 SEC. 804. REQUIRING ALL MEMBERS OF THE PRIVACY AND 

21 CIVIL LIBERTIES OVERSIGHT BOARD BE CON22 FIRMED BY THE SENATE. 

23 Subsection (e) of section 1061 of the Intelligence Re24 form and Terrorism Prevention Act of 2004 (5 U.S.C. 601 

25 note) is amended to read as follows: 


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1 ‘‘(e) MEMBERSHIP.— 

2 ‘‘(1) MEMBERS.—The Board shall be composed 

3 of a full-time chairman and 4 additional members, 

4 who shall be appointed by the President by no later 

5 than 6 months after the date of the enactment of 

6 the Protection of Civil Liberties Act, by and with the 

7 advice and consent of the Senate, which shall move 

8 expeditiously following each nomination. 

9 ‘‘(2) QUALIFICATIONS.—Members of the Board 

10 shall be selected solely on the basis of their profes11 sional qualifications, achievements, public stature, 

12 expertise in civil liberties and privacy, and relevant 

13 experience, and without regard to political affiliation, 

14 but in no event shall more than 3 members of the 

15 Board be members of the same political party. The 

16 President shall, before appointing an individual who 

17 is not a member of the same political party as the 

18 President consult with the leadership of that party, 

19 if any, in the Senate and House of Representatives. 

20 ‘‘(3) INCOMPATIBLE OFFICE.—An individual 

21 appointed to the Board may not, while serving on 

22 the Board, be an elected official, officer, or employee 

23 of the Federal Government, other than in the capac24 ity as a member of the Board. 


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1 ‘‘(4) TERM.—Each member of the Board shall 

2 serve a term of six years, except that— 

3 ‘‘(A) a member appointed to a term of of4 fice after the commencement of such term may 

5 serve under such appointment only for the re6 mainder of such term; 

7 ‘‘(B) upon the expiration of the term of of8 fice of a member, the member shall continue to 

9 serve until the member’s successor has been ap10 pointed and qualified, except that no member 

11 may serve under this subparagraph— 

12 ‘‘(i) for more than 60 days when Con13 gress is in session unless a nomination to 

14 fill the vacancy shall have been submitted 

15 to the Senate; or 

16 ‘‘(ii) after the adjournment sine die of 

17 the session of the Senate in which such 

18 nomination is submitted; and 

19 ‘‘(C) the members initially appointed under 

20 this subsection shall serve terms of two, three, 

21 four, five, and six years, respectively, from the 

22 effective date of this Act, with the term of each 

23 such member to be designated by the President. 

24 ‘‘(5) QUORUM AND MEETINGS.—The Board 

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1 ity of its members. Three members of the Board 

2 shall constitute a quorum.’’. 

3 SEC. 805. SUBPOENA POWER FOR THE PRIVACY AND CIVIL 

4 LIBERTIES OVERSIGHT BOARD. 

5 Section 1061(d) of the Intelligence Reform and Ter6 rorism Prevention Act of 2004 (5 U.S.C. 601 note) is 

7 amended— 

8 (1) so that subparagraph (D) of paragraph (1) 

9 reads as follows: 

10 ‘‘(D) require, by subpoena issued at the di11 rection of a majority of the members of the 

12 Board, persons (other than departments, agen13 cies, and elements of the executive branch) to 

14 produce any relevant information, documents, 

15 reports, answers, records, accounts, papers, and 

16 other documentary or testimonial evidence.’’; 

17 and 

18 (2) so that paragraph (2) reads as follows: 

19 ‘‘(2) ENFORCEMENT OF SUBPOENA.—In the 

20 case of contumacy or failure to obey a subpoena 

21 issued under paragraph (1)(D), the United States 

22 district court for the judicial district in which the 

23 subpoenaed person resides, is served, or may be 

24 found may issue an order requiring such person to 

25 produce the evidence required by such subpoena.’’. 


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1 SEC. 806. REPORTING REQUIREMENTS. 

2 (a) DUTIES OF BOARD.—Paragraph (4) of section 

3 1061(c) of the Intelligence Reform and Terrorism Preven4 tion Act of 2004 (5 U.S.C. 601 note) is amended to read 

5 as follows: 

6 ‘‘(4) REPORTS.— 

7 ‘‘(A) RECEIPT, REVIEW, AND SUBMIS8 SION.— 

9 ‘‘(i) IN GENERAL.—The Board shall— 

10 ‘‘(I) receive and review reports 

11 from privacy officers and civil liberties 

12 officers described in section 212; and 

13 ‘‘(II) periodically submit, not less 

14 than semiannually, reports to the ap15 propriate congressional committees, 

16 including the Committees on the Judi17 ciary of the Senate and the House of 

18 Representatives, the Committee on 

19 Homeland Security and Governmental 

20 Affairs of the Senate, the Committee 

21 on Oversight and Government Reform 

22 of the House of Representatives, the 

23 Select Committee on Intelligence of 

24 the Senate, and the Permanent Select 

25 Committee on Intelligence of the 

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1 mittee on Homeland Security of the 

2 House of Representatives, and to the 

3 President. 

4 Such reports shall be in unclassified form 

5 to the greatest extent possible, with a clas6 sified annex where necessary. 

7 ‘‘(ii) CONTENTS.—Not less than 2 re8 ports the Board submits each year under 

9 clause (i)(II) shall include— 

10 ‘‘(I) a description of the major 

11 activities of the Board during the pre12 ceding period; 

13 ‘‘(II) information on the findings, 

14 conclusions, and recommendations of 

15 the Board resulting from its advice 

16 and oversight functions under sub17 section (c); 

18 ‘‘(III) the minority views on any 

19 findings, conclusions, and rec20 ommendations of the Board resulting 

21 from its advice and oversight func22 tions under subsection (c); and 

23 ‘‘(IV) each proposal reviewed by 

24 the Board under subsection (c)(1) 

25 that the Board advised against impleVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00147 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 menting, but that notwithstanding 

2 such advice, was implemented. 

3 ‘‘(B) INFORMING THE PUBLIC.—The 

4 Board shall— 

5 ‘‘(i) make its reports, including its re6 ports to Congress, available to the public 

7 to the greatest extent that is consistent 

8 with the protection of classified informa9 tion and applicable law; and 

10 ‘‘(ii) hold public hearings and other11 wise inform the public of its activities, as 

12 appropriate and in a manner consistent 

13 with the protection of classified informa14 tion and applicable law.’’. 

15 (b) PRIVACY AND CIVIL LIBERTIES OFFICERS.— 

16 (1) DESIGNATION OF OFFICERS.—Section 1062 

17 of the Intelligence Reform and Terrorism Prevention 

18 Act of 2004 (118 Stat. 3688) is amended to read as 

19 follows: 

20 ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

21 ‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney 

22 General, the Secretary of Defense, the Secretary of State, 

23 the Secretary of the Treasury, the Secretary of Health and 

24 Human Services, the Secretary of Homeland Security, the 

25 National Intelligence Director, the Director of the Central 


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1 Intelligence Agency, any other entity within the intel2 ligence community (as defined in section 3 of the National 

3 Security Act of 1947 (50 U.S.C. 401a)), and the head of 

4 any other department, agency, or element of the executive 

5 branch designated by the Privacy and Civil Liberties Over6 sight Board to be appropriate for coverage under this sec7 tion shall designate not less than 1 senior officer to— 

8 ‘‘(1) assist the head of such department, agen9 cy, or element and other officials of such depart10 ment, agency, or element in appropriately consid11 ering privacy and civil liberties concerns when such 

12 officials are proposing, developing, or implementing 

13 laws, regulations, policies, procedures, or guidelines 

14 related to efforts to protect the Nation against ter15 rorism; 

16 ‘‘(2) periodically investigate and review depart17 ment, agency, or element actions, policies, proce18 dures, guidelines, and related laws and their imple19 mentation to ensure that such department, agency, 

20 or element is adequately considering privacy and 

21 civil liberties in its actions; 

22 ‘‘(3) ensure that such department, agency, or 

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1 viduals who allege such department, agency, or ele2 ment has violated their privacy or civil liberties; and 

3 ‘‘(4) in providing advice on proposals to retain 

4 or enhance a particular governmental power the offi5 cer shall consider whether such department, agency, 

6 or element has established— 

7 ‘‘(A) that the power actually enhances se8 curity and the need for the power is balanced 

9 with the need to protect privacy and civil lib10 erties; 

11 ‘‘(B) that there is adequate supervision of 

12 the use by such department, agency, or element 

13 of the power to ensure protection of privacy and 

14 civil liberties; and 

15 ‘‘(C) that there are adequate guidelines 

16 and oversight to properly confine its use. 

17 ‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— 

18 ‘‘(1) PRIVACY OFFICERS.—In any department, 

19 agency, or element referred to in subsection (a) or 

20 designated by the Board, which has a statutorily 

21 created privacy officer, such officer shall perform the 

22 functions specified in subsection (a) with respect to 

23 privacy. 

24 ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de25 partment, agency, or element referred to in subVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 section (a) or designated by the Board, which has a 

2 statutorily created civil liberties officer, such officer 

3 shall perform the functions specified in subsection 

4 (a) with respect to civil liberties. 

5 ‘‘(c) SUPERVISION AND COORDINATION.—Each pri6 vacy officer or civil liberties officer described in subsection 

7 (a) or (b) shall— 

8 ‘‘(1) report directly to the head of the depart9 ment, agency, or element concerned; and 

10 ‘‘(2) coordinate their activities with the Inspec11 tor General of such department, agency, or element 

12 to avoid duplication of effort. 

13 ‘‘(d) AGENCY COOPERATION.—The head of each de14 partment, agency, or element shall ensure that each pri15 vacy officer and civil liberties officer— 

16 ‘‘(1) has the information, material, and re17 sources necessary to fulfill the functions of such offi18 cer; 

19 ‘‘(2) is advised of proposed policy changes; 

20 ‘‘(3) is consulted by decisionmakers; and 

21 ‘‘(4) is given access to material and personnel 

22 the officer determines to be necessary to carry out 

23 the functions of such officer. 

24 ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ac25 tion constituting a reprisal, or threat of reprisal, for makVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00151 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 ing a complaint or for disclosing information to a privacy 

2 officer or civil liberties officer described in subsection (a) 

3 or (b), or to the Privacy and Civil Liberties Oversight 

4 Board, that indicates a possible violation of privacy protec5 tions or civil liberties in the administration of the pro6 grams and operations of the Federal Government relating 

7 to efforts to protect the Nation from terrorism shall be 

8 taken by any Federal employee in a position to take such 

9 action, unless the complaint was made or the information 

10 was disclosed with the knowledge that it was false or with 

11 willful disregard for its truth or falsity. 

12 ‘‘(f) PERIODIC REPORTS.— 

13 ‘‘(1) IN GENERAL.—The privacy officers and 

14 civil liberties officers of each department, agency, or 

15 element referred to or described in subsection (a) or 

16 (b) shall periodically, but not less than quarterly, 

17 submit a report on the activities of such officers— 

18 ‘‘(A)(i) to the appropriate congressional 

19 committees, including the Committees on the 

20 Judiciary of the Senate and the House of Rep21 resentatives, the Committee on Homeland Secu22 rity and Governmental Affairs of the Senate, 

23 the Committee on Oversight and Government 

24 Reform of the House of Representatives, the 

25 Select Committee on Intelligence of the Senate, 


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1 and the Permanent Select Committee on Intel2 ligence of the House of Representatives; 

3 ‘‘(ii) to the head of such department, agen4 cy, or element; and 

5 ‘‘(iii) to the Privacy and Civil Liberties 

6 Oversight Board; and 

7 ‘‘(B) which shall be in unclassified form to 

8 the greatest extent possible, with a classified 

9 annex where necessary. 

10 ‘‘(2) CONTENTS.—Each report submitted under 

11 paragraph (1) shall include information on the dis12 charge of each of the functions of the officer con13 cerned, including— 

14 ‘‘(A) information on the number and types 

15 of reviews undertaken; 

16 ‘‘(B) the type of advice provided and the 

17 response given to such advice; 

18 ‘‘(C) the number and nature of the com19 plaints received by the department, agency, or 

20 element concerned for alleged violations; and 

21 ‘‘(D) a summary of the disposition of such 

22 complaints, the reviews and inquiries conducted, 

23 and the impact of the activities of such officer. 

24 ‘‘(g) INFORMING THE PUBLIC.—Each privacy officer 

25 and civil liberties officer shall— 


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1 ‘‘(1) make the reports of such officer, including 

2 reports to Congress, available to the public to the 

3 greatest extent that is consistent with the protection 

4 of classified information and applicable law; and 

5 ‘‘(2) otherwise inform the public of the activi6 ties of such officer, as appropriate and in a manner 

7 consistent with the protection of classified informa8 tion and applicable law. 

9 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

10 be construed to limit or otherwise supplant any other au11 thorities or responsibilities provided by law to privacy offi12 cers or civil liberties officers. 

13 ‘‘(i) PROTECTIONS FOR HUMAN RESEARCH SUB14 JECTS.—The Secretary of Homeland Security shall ensure 

15 that the Department of Homeland Security complies with 

16 the protections for human research subjects, as described 

17 in part 46 of title 45, Code of Federal Regulations, or 

18 in equivalent regulations as promulgated by such Sec19 retary, with respect to research that is conducted or sup20 ported by such Department.’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents in section 1(b) of such Act is amended by 

23 striking the item relating to section 1062 and insert24 ing the following: 

‘‘Sec. 1062. Privacy and civil liberties officers.’’. 


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1 Subtitle B—Enhancement of 

2 Privacy Officer Authorities 

3 SEC. 811. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Privacy Officer 

5 With Enhanced Rights Act of 2007’’ or the ‘‘POWER 

6 Act’’. 

7 SEC. 812. AUTHORITIES OF THE PRIVACY OFFICER OF THE 

8 DEPARTMENT OF HOMELAND SECURITY. 

9 Section 222 of the Homeland Security Act of 2002 

10 (6 U.S.C. 142) is amended— 

11 (1) by inserting before the first sentence the 

12 following: ‘‘(a) APPOINTMENT AND RESPONSIBIL13 ITIES.—’’; and 

14 (2) by adding at the end the following: 

15 ‘‘(b) AUTHORITY TO INVESTIGATE.— 

16 ‘‘(1) IN GENERAL.—The senior official ap17 pointed under this section is specifically author18 ized— 

19 ‘‘(A) to have access to all records, reports, 

20 audits, reviews, documents, papers, rec21 ommendations, and other materials available to 

22 the Department that relate to programs and op23 erations with respect to which the senior official 

24 has responsibilities under this section; 


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1 ‘‘(B) to make such investigations and re2 ports relating to the administration of the pro3 grams and operations of the Department as 

4 are, in the senior official’s judgment, necessary 

5 or desirable; 

6 ‘‘(C) to require by subpoena the produc7 tion, by persons other than Federal agencies, of 

8 all information, documents, reports, answers, 

9 records, accounts, papers, and other data and 

10 documentary evidence necessary to performance 

11 of the functions of the senior official under this 

12 section; 

13 ‘‘(D) to administer to or take from any 

14 person an oath, affirmation, or affidavit, when15 ever necessary to performance of the functions 

16 of the senior official under this section; and 

17 ‘‘(E) to take any other action that may be 

18 taken by the Inspector General of the Depart19 ment, as necessary to require employees of the 

20 Department to produce documents and answer 

21 questions relevant to performance of the func22 tions of the senior official under this section. 

23 ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub24 poena issued under paragraph (1)(C) shall, in the 

25 case of contumacy or refusal to obey, be enforceable 


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1 by order of any appropriate United States district 

2 court. 

3 ‘‘(3) EFFECT OF OATHS, ETC.—Any oath, affir4 mation, or affidavit administered or taken under 

5 paragraph (1)(D) by or before an employee of the 

6 Privacy Office designated for that purpose by the 

7 senior official appointed under subsection (a) shall 

8 have the same force and effect as if administered or 

9 taken by or before an officer having a seal of office. 

10 ‘‘(c) TERM OF OFFICE.—The term of appointment of 

11 a senior official under subsection (a) shall be 5 years. 

12 ‘‘(d) REPORTS TO CONGRESS.—The senior official 

13 appointed under subsection (a) shall submit reports di14 rectly to Congress regarding performance of the respon15 sibilities of the senior official under this section, without 

16 any prior comment or amendment by the Secretary, Dep17 uty Secretary, or any other officer or employee of the De18 partment or the Office of Management and Budget.’’. 

19 TITLE IX—IMPROVING CRITICAL 

20 INFRASTRUCTURE SECURITY 

21 SEC. 901. VULNERABILITY ASSESSMENT AND REPORT ON 

22 CRITICAL INFRASTRUCTURE INFORMATION. 

23 (a) IN GENERAL.—Subtitle B of title II of the Home24 land Security Act of 2002 is amended by adding at the 

25 end the following new section: 


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1 ‘‘SEC. 216. ANNUAL CRITICAL INFRASTRUCTURE VULNER2 ABILITY ASSESSMENT AND REPORT. 

3 ‘‘(a) VULNERABILITY ASSESSMENT REQUIRED.—Ex4 cept where a vulnerability assessment is required under 

5 another provision of law, for each fiscal year, the Sec6 retary, acting through the Assistant Secretary for Infra7 structure Protection pursuant to the responsibilities under 

8 section 210A, shall prepare a vulnerability assessment of 

9 the critical infrastructure information available to the Sec10 retary with respect to that fiscal year. Each vulnerability 

11 assessment shall contain any actions or countermeasures 

12 proposed or recommended by the Secretary to address se13 curity concerns covered in the assessment. The informa14 tion in each such assessment shall be set forth separately 

15 for each critical infrastructure sector, including the critical 

16 infrastructure sectors named in Homeland Security Presi17 dential Directive-7, as in effect on January 1, 2006. 

18 ‘‘(b) ANNUAL REPORT TO CONGRESS.— 

19 ‘‘(1) REPORT REQUIRED.—Not later than six 

20 months after the last day of a fiscal year, the Sec21 retary shall submit to the Committee on Homeland 

22 Security of the House of Representatives and the 

23 Committee on Homeland Security and Governmental 

24 Affairs of the Senate a report containing a summary 

25 and review of the vulnerability assessments prepared 

26 by the Secretary under subsection (a) for that fiscal 


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1 year and the two preceding fiscal years. The infor2 mation in the report shall be set forth separately for 

3 each of the critical infrastructure sectors described 

4 in subsection (a). 

5 ‘‘(2) CONTENTS OF REPORT.—The Secretary 

6 shall include in the report required under paragraph 

7 (1)— 

8 ‘‘(A) for each critical infrastructure sector 

9 covered by the report, a summary comparison 

10 describing any changes between the vulner11 ability assessment for the fiscal year covered by 

12 the report and the vulnerability assessment for 

13 the preceding fiscal year; 

14 ‘‘(B) the explanation and comments of the 

15 Secretary with respect to the greatest risks to 

16 critical infrastructure for each such sector; and 

17 ‘‘(C) the recommendations of the Secretary 

18 for mitigating such risks. 

19 ‘‘(3) CLASSIFIED ANNEX.—The report required 

20 under paragraph (1) may contain a classified 

21 annex.’’. 

22 (b) TECHNICAL AMENDMENT.—Section 212(3) of 

23 such Act (6 U.S.C. 131(3)) is amended— 


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1 (1) by inserting ‘‘relating to’’ after ‘‘the secu2 rity of critical infrastructure or protected systems’’; 

3 and 

4 (2) in subparagraph (A), by inserting ‘‘the’’ 

5 after ‘‘(A)’’. 

6 (c) CLERICAL AMENDMENT.—The table of contents 

7 in section 1(b) of such Act is amended by inserting after 

8 the item relating to section 215 the following new item: 

‘‘Sec. 216. Annual critical infrastructure vulnerability assessment and report.’’. 

9 SEC. 902. NATIONAL ASSET DATABASE AND THE NATIONAL 

10 AT-RISK DATABASE. 

11 (a) IN GENERAL.—Subtitle A of title II of the Home12 land Security Act of 2002 is amended by adding at the 

13 end the following new sections: 

14 ‘‘SEC. 210C. NATIONAL ASSET DATABASE AND NATIONAL 

15 AT-RISK DATABASE. 

16 ‘‘(a) ESTABLISHMENT.— 

17 ‘‘(1) NATIONAL ASSET DATABASE.—The Sec18 retary shall establish and maintain a national data19 base of nationwide critical infrastructure assets to 

20 identify and prioritize critical infrastructure and key 

21 resources and to protect them from terrorist attack. 

22 The database shall be known as the ‘National Asset 

23 Database’. 

24 ‘‘(2) NATIONAL AT-RISK DATABASE.—The Sec25 retary shall establish within the National Asset 


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1 Database, a database containing a list of the infra2 structure the Secretary determines is most at risk, 

3 to be known as the ‘National At-Risk Database’. 

4 ‘‘(3) NATIONAL ASSET DATABASE CONSOR5 TIUM.— 

6 ‘‘(A) ESTABLISHMENT.—The Secretary 

7 shall establish a consortium to be known as the 

8 ‘National Asset Database Consortium’. The 

9 Consortium shall advise the Secretary on the 

10 best way to identify, generate, organize, and 

11 maintain the databases described in paragraphs 

12 (1) and (2) and shall be made up of at least 

13 two but not more than four national labora14 tories and the heads of such other Federal 

15 agencies as the Secretary deems appropriate. 

16 ‘‘(B) ADMINISTRATION AND CONSULTA17 TION.—The Secretary shall— 

18 ‘‘(i) select as members of the National 

19 Asset Database Consortium national lab20 oratories or Federal agencies that have 

21 demonstrated experience working with and 

22 identifying critical infrastructure; 

23 ‘‘(ii) enter into contracts, as nec24 essary, with the members of the National 


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1 Asset Database Consortium to perform the 

2 tasks required under this section; and 

3 ‘‘(iii) solicit and receive comments 

4 from the National Asset Database Consor5 tium on— 

6 ‘‘(I) the appropriateness of the 

7 protection and risk methodologies in 

8 the National Infrastructure Protection 

9 Plan or other nationwide infrastruc10 ture protection plan issued by the De11 partment; and 

12 ‘‘(II) alternative means to define 

13 risk and identify specific criteria to 

14 prioritize the most at-risk infrastruc15 ture or key resources. 

16 ‘‘(b) USE OF DATABASE.—The Secretary shall use 

17 the database established under subsection (a)— 

18 ‘‘(1) in the development, coordination, integra19 tion, and implementation of plans and programs, in20 cluding to identify, catalog, prioritize, and protect 

21 critical infrastructure and key resources in accord22 ance with Homeland Security Presidential Directive 

23 number 7, and in cooperation with all levels of gov24 ernment and private sector entities that the Sec25 retary considers appropriate; and 


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1 ‘‘(2) in providing any covered grant to assist in 

2 preventing, reducing, mitigating, or responding to 

3 terrorist attack. 

4 ‘‘(c) MAINTENANCE OF DATABASE.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall main6 tain and annually update the database, including 

7 by— 

8 ‘‘(A) annually defining and systematically 

9 examining assets in the database that are de10 scribed incorrectly or that do not meet national 

11 assets guidelines used by the Secretary to deter12 mine which assets should remain in the Na13 tional Asset Database and the National At-Risk 

14 Database; 

15 ‘‘(B) annually providing a list to the States 

16 of assets referred to in subparagraph (A) for 

17 review before finalizing the decision of which 

18 assets to include in the National Asset Data19 base and the National At-Risk Database; 

20 ‘‘(C) reviewing the guidelines to the States 

21 to ensure consistency and uniformity for inclu22 sion and how the Department intends to use 

23 that data; 

24 ‘‘(D) meeting annually with the States to 

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1 lines to promote consistency and uniformity in 

2 submissions; 

3 ‘‘(E) utilizing on an ongoing basis the Na4 tional Asset Database and other expert panels 

5 established by the Department to review and re6 fine the National Asset Database and the Na7 tional At-Risk Database; and 

8 ‘‘(F) utilizing the Department’s National 

9 Infrastructure Simulation and Analysis Center 

10 for the National Asset Database taxonomy and 

11 asset information in the National Asset Data12 base and facilitating the future exchange of in13 formation between the National Asset Database 

14 and such center. 

15 ‘‘(2) ORGANIZATION OF INFORMATION IN DATA16 BASE.—The Secretary shall— 

17 ‘‘(A) remove from the National Asset 

18 Database or the National At-Risk Database any 

19 asset that the Secretary determines to be un20 verifiable and as not meeting national asset 

21 guidelines set forth by the Secretary in requests 

22 for information from States; and 

23 ‘‘(B) classify assets in the database accord24 ing to the 17 sectors listed in National Infra25 structure Protection Plan developed pursuant to 


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1 Homeland Security Presidential Directive 7, to 

2 ensure that the assets in the National Asset 

3 Database and the National At-Risk Database 

4 can be categorized by State and locality, region5 ally, and in such a manner as is effective for 

6 grants and other purposes. 

7 ‘‘(3) MILESTONES AND GUIDELINES.—The Sec8 retary shall— 

9 ‘‘(A) identify and evaluate key milestones 

10 for the National Asset Database and the Na11 tional At-Risk Database, including methods to 

12 integrate private sector assets and tasks that 

13 must be completed to eventually allocate home14 land security grant programs based on the in15 formation contained in the database; and 

16 ‘‘(B) issue guidelines for— 

17 ‘‘(i) States to submit uniform infor18 mation for possible inclusion in the Na19 tional Asset Database or the National At20 Risk Database; and 

21 ‘‘(ii) review of such submissions by 

22 the Department. 

23 ‘‘(d) REPORTS.— 

24 ‘‘(1) IN GENERAL.—Not later than March 1 of 

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1 mittee on Homeland Security of the House of Rep2 resentatives and the Committee on Homeland Secu3 rity and Governmental Affairs of the Senate a report 

4 on the critical infrastructure included in the Na5 tional Asset Database that is most at risk to ter6 rorism. 

7 ‘‘(2) CONTENTS.—Each report shall include the 

8 following: 

9 ‘‘(A) The name, location, and sector classi10 fication of assets in the National Asset Data11 base that have been identified or deemed crit12 ical infrastructure that is most at risk to ter13 rorism. 

14 ‘‘(B) Changes made in such database re15 garding such critical infrastructure made dur16 ing the period covered by the report regard17 ing— 

18 ‘‘(i) defining and identifying critical 

19 infrastructure; and 

20 ‘‘(ii) compiling a usable database. 

21 ‘‘(C) The extent to which the database has 

22 been used as a tool for allocating funds to pre23 vent, reduce, mitigate, and respond to terrorist 

24 attacks. 


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1 ‘‘(3) CLASSIFIED INFORMATION.—The Sec2 retary shall provide to the members of the commit3 tees to which the report required under this sub4 section is required to be submitted under paragraph 

5 (1) a classified briefing on the contents of such re6 port. The Secretary shall also submit with each re7 port a classified annex containing information re8 quired to be submitted under this section that can9 not be made public. 

10 ‘‘(e) COVERED GRANT DEFINED.—In this section, 

11 the term ‘covered grant’ means any grant provided by the 

12 Department under any of the following: 

13 ‘‘(1) The Urban Area Security Initiative. 

14 ‘‘(2) The Buffer Zone Protection Program. 

15 ‘‘(3) Any other grant program administered by 

16 the Department, as determined appropriate by the 

17 Secretary. 

18 ‘‘(4) Any successor to a program referred to in 

19 this paragraph.’’. 

20 (b) DEADLINES FOR IMPLEMENTATION AND NOTIFI21 CATION OF CONGRESS.— 

22 (1) DEADLINE FOR RECOMMENDATIONS.—Not 

23 later than 60 days after the date of the enactment 

24 of this Act, the Secretary of Homeland Security 

25 shall secure recommendations on how to identify, 


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1 generate, organize, and maintain the list of assets in 

2 the databases from the consortium of national lab3 oratories, as required under section 210C(a)(2) of 

4 the Homeland Security Act of 2002, as added by 

5 subsection (a). 

6 (2) DEADLINE FOR FIRST REPORT REGARDING

7 USE OF THE NATIONAL ASSET DATABASE.—Notwith8 standing the date specified under section 210C(d) of 

9 the Homeland Security Act of 2002, as added by 

10 subsection (a), the Secretary of Homeland Security 

11 shall submit the first report required under that sec12 tion not later than 180 days after the date of the 

13 enactment of this Act. 

14 (c) CLERICAL AMENDMENT.—The table of contents 

15 in section 1(b) of such Act is further amended by inserting 

16 after the item relating to section 210 the following: 

‘‘Sec. 210C. National Asset Database and National At-Risk Database.’’. 

17 (d) SUBMITTAL OF CERTAIN REPORTS.—Each report 

18 that is authorized or required by this Act (or the amend19 ments made by this Act) to be prepared by the Secretary 

20 of Homeland Security and that concerns a matter of the 

21 type carried out under an program under the jurisdiction 

22 of the Committee on Energy and Commerce of the House 

23 of Representatives shall be submitted to the Committee 

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1 tives, in addition to the other congressional committees in2 volved. 

3 TITLE X—TRANSPORTATION SE4 CURITY PLANNING AND IN5 FORMATION SHARING 

6 SEC. 1001. STRATEGIC TRANSPORTATION SECURITY INFOR7 MATION SHARING. 

8 Section 114 of title 49, United States Code, is 

9 amended by adding at the end the following: 

10 ‘‘(u) STRATEGIC INFORMATION SHARING.— 

11 ‘‘(1) ESTABLISHMENT OF PLAN.—The Sec12 retary of Homeland Security shall establish a Stra13 tegic Transportation Security Information Sharing 

14 Plan. 

15 ‘‘(2) PURPOSE OF PLAN.—The plan shall en16 sure the robust development of tactical and strategic 

17 intelligence products for disseminating to public and 

18 private stakeholders security information relating to 

19 threats to and vulnerabilities of transportation 

20 modes, including aviation, bridge and tunnel, com21 muter rail and ferry, highway, maritime, pipeline, 

22 rail, mass transit, and over-the-road bus transpor23 tation. 

24 ‘‘(3) CONTENT OF PLAN.—The plan shall in25 clude— 


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1 ‘‘(A) a description of how intelligence ana2 lysts in the Transportation Security Adminis3 tration are coordinating their activities with 

4 other intelligence analysts in the Department of 

5 Homeland Security and other Federal, State, 

6 and local agencies; 

7 ‘‘(B) reasonable deadlines for completing 

8 any organizational changes within the Depart9 ment of Homeland Security required to accom10 modate implementation of the plan; and 

11 ‘‘(C) a description of resource needs for 

12 fulfilling the plan. 

13 ‘‘(4) REPORTS TO CONGRESS.— 

14 ‘‘(A) IN GENERAL.—Not later than 180 

15 days after the date of enactment of this sub16 section, the Secretary shall submit to the appro17 priate congressional committees a report con18 taining the plan. 

19 ‘‘(B) UPDATES.— 

20 ‘‘(i) CERTIFICATION OF FULL IMPLE21 MENTATION.—After achieving full imple22 mentation of the plan, the Secretary shall 

23 submit to the appropriate congressional 

24 committees a written certification of such 

25 implementation. 


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1 ‘‘(ii) UPDATES ON IMPLEMENTA2 TION.—Not later than 90 days after the 

3 date of submission of a report under sub4 paragraph (A), and every 90 days there5 after until the date of submission of a 

6 written certification under clause (i), the 

7 Secretary shall submit to the appropriate 

8 congressional committees a report con9 taining an update on implementation of 

10 the plan. 

11 ‘‘(C) ANNUAL REPORT.—Following the 

12 date of submission of a written certification 

13 under subparagraph (B)(i), the Secretary shall 

14 submit to the appropriate congressional com15 mittees an annual report on the following: 

16 ‘‘(i) The number of transportation in17 telligence reports disseminated under the 

18 plan and a brief description of each report. 

19 ‘‘(ii) The security classification of 

20 each report. 

21 ‘‘(iii) The number of public and pri22 vate stakeholders who were provided with 

23 each report. 

24 ‘‘(5) SURVEY.—The Secretary shall conduct an 

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1 cipients of transportation intelligence reports dis2 seminated under the plan, and include the results of 

3 the survey as part of the annual report to be sub4 mitted under paragraph (4)(C). 

5 ‘‘(6) SECURITY CLEARANCES.—The Secretary 

6 shall ensure that public and private stakeholders 

7 have the security clearances needed to receive classi8 fied information if information contained in trans9 portation intelligence reports cannot be disseminated 

10 in an unclassified format. 

11 ‘‘(7) CLASSIFICATION OF MATERIAL.—To the 

12 greatest extent possible, the Secretary shall provide 

13 public and private stakeholders with specific and ac14 tionable information in an unclassified format. 

15 ‘‘(8) DEFINITIONS.—In this subsection, the fol16 lowing definitions apply: 

17 ‘‘(A) APPROPRIATE CONGRESSIONAL COM18 MITTEES.—The term ‘appropriate congressional 

19 committees’ has the meaning given that term in 

20 subsection (t). 

21 ‘‘(B) PLAN.—The term ‘plan’ means the 

22 Strategic Transportation Security Information 

23 Sharing Plan established under paragraph (1). 

24 ‘‘(C) PUBLIC AND PRIVATE STAKE25 HOLDERS.—The term ‘public and private stakeVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 holders’ means Federal, State, and local agen2 cies, tribal governments, and appropriate pri3 vate entities, including nonprofit employee labor 

4 organizations.’’. 

5 SEC. 1002. TRANSPORTATION SECURITY STRATEGIC PLAN6 NING. 

7 (a) IN GENERAL.—Section 114(t)(1)(B) of title 49, 

8 United States Code, is amended to read as follows: 

9 ‘‘(B) transportation modal security plans 

10 addressing risks, threats, and vulnerabilities for 

11 aviation, bridge and tunnel, commuter rail and 

12 ferry, highway, maritime, pipeline, rail, mass 

13 transit, over-the-road bus, and other public 

14 transportation infrastructure assets.’’. 

15 (b) ROLE OF SECRETARY OF TRANSPORTATION.— 

16 Section 114(t)(2) of such title is amended by inserting be17 fore the period at the end the following: ‘‘and in carrying 

18 out all other responsibilities set forth in this subsection’’. 

19 (c) CONTENTS OF NATIONAL STRATEGY FOR TRANS20 PORTATION SECURITY.—Section 114(t)(3) of such title is 

21 amended— 

22 (1) in subparagraph (B) by inserting ‘‘, based 

23 on vulnerability assessments conducted by the De24 partment of Homeland Security,’’ after ‘‘risk-based 

25 priorities’’; 


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1 (2) in subparagraph (D)— 

2 (A) by striking ‘‘and local’’ and inserting 

3 ‘‘, local, and tribal’’; and 

4 (B) by striking ‘‘private sector cooperation 

5 and participation’’ and inserting ‘‘cooperation 

6 and participation by private sector entities, in7 cluding nonprofit employee labor organiza8 tions,’’; 

9 (3) in subparagraph (E)— 

10 (A) by striking ‘‘response’’ and inserting 

11 ‘‘prevention, response,’’; and 

12 (B) by inserting ‘‘and outside of’’ before 

13 ‘‘the United States’’; and 

14 (4) in subparagraph (F) by adding at the end 

15 the following: ‘‘Research and development projects 

16 initiated by the Department of Homeland Security 

17 shall be based on such prioritization.’’. 

18 (d) PERIODIC PROGRESS REPORT.—Section 

19 114(t)(4)(C) is amended— 

20 (1) in clause (i) by inserting before the period 

21 at the end the following: ‘‘, including the transpor22 tation modal security plans’’; 

23 (2) by striking clause (ii) and inserting the fol24 lowing: 


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1 ‘‘(ii) CONTENT.—Each progress re2 port submitted under this subparagraph 

3 shall include, at a minimum, the following: 

4 ‘‘(I) Recommendations for im5 proving and implementing the Na6 tional Strategy for Transportation Se7 curity and the transportation modal 

8 security plans that the Secretary, in 

9 consultation with the Secretary of 

10 Transportation, considers appropriate. 

11 ‘‘(II) An accounting of all grants 

12 for transportation security, including 

13 grants for research and development, 

14 distributed by the Department of 

15 Homeland Security in the previous 

16 year and a description of how the 

17 grants accomplished the goals of the 

18 National Strategy for Transportation 

19 Security. 

20 ‘‘(III) An accounting of all funds 

21 (other than grants referred in sub22 clause (II)) expended by the Depart23 ment of Homeland Security on trans24 portation security. 


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1 ‘‘(IV) Information on the number 

2 of employees of the Department of 

3 Homeland Security, by agency, work4 ing on transportation security issues. 

5 The listing shall be divided by trans6 portation mode, including aviation, 

7 bridge and tunnel, commuter rail and 

8 ferry, highway, maritime, pipeline, 

9 rail, mass transit, over-the-road bus, 

10 and other public transportation 

11 modes. The listing shall include infor12 mation, by transportation mode, on 

13 the number of contractors hired by 

14 the Department of Homeland Security 

15 to work on transportation-related se16 curity. 

17 ‘‘(V) Information on the turnover 

18 in the previous year among employees 

19 of the Department of Homeland Secu20 rity working on transportation secu21 rity issues. Specifically, the report 

22 shall provide information on the num23 ber of employees who have left the 

24 Department, their agency, the area in 

25 which they worked, and the amount of 


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1 time that they worked for the Depart2 ment. 

3 ‘‘(iii) WRITTEN EXPLANATION OF

4 TRANSPORTATION SECURITY ACTIVITIES

5 NOT DELINEATED IN THE NATIONAL

6 STRATEGY FOR TRANSPORTATION SECU7 RITY.—Before carrying out a transpor8 tation security activity that is not clearly 

9 delineated in the National Strategy for 

10 Transportation Security, the Secretary 

11 shall submit to appropriate congressional 

12 committees a written explanation of the ac13 tivity, including the amount of funds to be 

14 expended for the activity.’’. 

15 (e) APPROPRIATE CONGRESSIONAL COMMITTEES DE16 FINED.—Section 114(t)(4)(E) of such title is amended by 

17 striking ‘‘Select’’. 

18 (f) PRIORITY STATUS.—Section 114(t)(5)(B) of such 

19 title is amended— 

20 (1) by striking ‘‘and’’ at the end of clause (iii); 

21 (2) by redesignating clause (iv) as clause (v); 

22 and 

23 (3) by inserting after clause (iii) the following: 


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1 ‘‘(iv) the transportation sector specific 

2 plan required under Homeland Security 

3 Presidential Directive 7; and’’. 

4 (g) COORDINATION; PLAN DISTRIBUTION.—Section 

5 114(t) of such title is amended by adding at the end the 

6 following: 

7 ‘‘(6) COORDINATION.—In carrying out the re8 sponsibilities set forth in this section, the Secretary 

9 of Homeland Security, working with the Secretary of 

10 Transportation, shall consult with Federal, State, 

11 and local agencies, tribal governments, private sector 

12 entities (including nonprofit employee labor organi13 zations), institutions of higher learning, and other 

14 appropriate entities. 

15 ‘‘(7) PLAN DISTRIBUTION.—The Secretary of 

16 Homeland Security shall provide an unclassified 

17 version of the National Strategy for Transportation 

18 Security to Federal, State, and local agencies, tribal 

19 governments, private sector entities (including non20 profit employee labor organizations), institutions of 

21 higher learning, and other appropriate entities.’’. 


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1 TITLE XI—PRIVATE SECTOR 

2 PREPAREDNESS 

3 SEC. 1101. PARTICIPATION OF PRIVATE SECTOR ORGANIZA4 TIONS IN EMERGENCY PREPAREDNESS AND 

5 RESPONSE ACTIVITIES. 

6 (a) ESTABLISHMENT OF PREPAREDNESS PRO7 GRAM.—Section 519 of the Homeland Security Act of 

8 2002 (6 U.S.C. 318) is amended— 

9 (1) by striking the section heading and insert10 ing the following: 

11 ‘‘SEC. 519. PARTICIPATION OF PRIVATE SECTOR ORGANIZA12 TIONS IN EMERGENCY PREPAREDNESS AND 

13 RESPONSE ACTIVITIES.’’; 

14 (2) by inserting ‘‘(a) USE OF PRIVATE SECTOR

15 NETWORKS IN EMERGENCY RESPONSE.—’’ before 

16 ‘‘To the maximum’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(b) PRIVATE SECTOR EMERGENCY PREPAREDNESS

19 PROGRAM.— 

20 ‘‘(1) PREPAREDNESS PROGRAM.—Not later 

21 than 90 days after the date of enactment of this 

22 subsection, the Secretary shall develop and imple23 ment a program to enhance private sector prepared24 ness for acts of terrorism and other emergencies and 


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1 disasters through the promotion of the use of vol2 untary consensus standards. 

3 ‘‘(2) PROGRAM ELEMENTS.—In carrying out 

4 the program, the Secretary shall develop guidance 

5 and identify best practices to assist or foster action 

6 by the private sector in— 

7 ‘‘(A) identifying hazards and assessing 

8 risks and impacts; 

9 ‘‘(B) mitigating the impacts of a wide vari10 ety of hazards, including weapons of mass de11 struction; 

12 ‘‘(C) managing necessary emergency pre13 paredness and response resources; 

14 ‘‘(D) developing mutual aid agreements; 

15 ‘‘(E) developing and maintaining emer16 gency preparedness and response plans, as well 

17 as associated operational procedures; 

18 ‘‘(F) developing and conducting training 

19 and exercises to support and evaluate emer20 gency preparedness and response plans and 

21 operational procedures; 

22 ‘‘(G) developing and conducting training 

23 programs for security guards to implement 

24 emergency preparedness and response plans 

25 and operations procedures; and 


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1 ‘‘(H) developing procedures to respond to 

2 external requests for information from the 

3 media and the public. 

4 ‘‘(3) STANDARDS.— 

5 ‘‘(A) IN GENERAL.—The Secretary shall 

6 support the development of, promulgate, and 

7 regularly update as necessary national vol8 untary consensus standards for private sector 

9 emergency preparedness that will enable private 

10 sector organizations to achieve optimal levels of 

11 emergency preparedness as soon as practicable. 

12 Such standards shall include the National Fire 

13 Protection Association 1600 Standard on Dis14 aster/Emergency Management and Business 

15 Continuity Programs. 

16 ‘‘(B) CONSULTATION.—The Secretary 

17 shall carry out paragraph (1) in consultation 

18 with the Assistant Secretary for Infrastructure 

19 Protection, the Assistant Secretary for Cyber 

20 Security and Communications, the Under Sec21 retary for Science and Technology, the Director 

22 of the Federal Emergency Management Agency, 

23 and the Special Assistant to the Secretary for 

24 the Private Sector. 


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1 ‘‘(4) COORDINATION.—The Secretary shall co2 ordinate the program with, and utilize to the max3 imum extent practicable— 

4 ‘‘(A) the voluntary standards for disaster 

5 and emergency management and business con6 tinuity programs accredited by the American 

7 National Standards Institute and developed by 

8 the National Fire Protection Association; and 

9 ‘‘(B) any existing private sector emergency 

10 preparedness guidance or best practices devel11 oped by private sector industry associations or 

12 other organizations.’’. 

13 (b) CONFORMING AMENDMENT.—The table of con14 tents contained in section 1(b) of such Act is amended 

15 by striking the item relating to section 519 and inserting 

16 the following: 

‘‘Sec. 519. Participation of private sector organizations in emergency preparedness and response activities.’’. 

17 TITLE XII—PREVENTING WEAP18 ONS OF MASS DESTRUCTION 

19 PROLIFERATION AND TER20 RORISM 

21 SEC. 1201. FINDINGS. 

22 (a) FINDINGS OF THE 9/11 COMMISSION.—Congress 

23 finds that the 9/11 Commission made the following deter24 minations: 


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1 (1) The United States Government has made 

2 insufficient progress, and receives a grade ‘‘D’’, on 

3 efforts to prevent weapons of mass destruction 

4 (WMD) proliferation and terrorism. 

5 (2) The Cooperative Threat Reduction (CTR) 

6 program has made significant accomplishments, but 

7 much remains to be done to secure weapons-grade 

8 nuclear materials. The size of the problem still 

9 dwarfs the policy response. Nuclear materials in the 

10 former Soviet Union still lack effective security pro11 tection, and sites throughout the world contain 

12 enough highly-enriched uranium to fashion a nuclear 

13 device but lack even basic security features. 

14 (3) Preventing the proliferation of WMD and 

15 acquisition of such weapons by terrorists warrants a 

16 maximum effort, by strengthening counter-prolifera17 tion efforts, expanding the Proliferation Security 

18 Initiative (PSI), and supporting the Cooperative 

19 Threat Reduction (CTR) Program. 

20 (4) Preventing terrorists from gaining access to 

21 WMD must be an urgent national security priority 

22 because of the threat such access poses to the Amer23 ican people. The President should develop a com24 prehensive plan to dramatically accelerate the time25 table for securing all nuclear weapons-usable mateVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00183 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 rial around the world and request the necessary re2 sources to complete this task. The President should 

3 publicly state this goal and ensure its fulfillment. 

4 (5) Congress should provide the resources need5 ed to secure vulnerable materials as quickly as pos6 sible. 

7 (b) RECOMMENDATIONS OF 9/11 COMMISSION.— 

8 Congress further finds that the 9/11 Commission has 

9 made the following recommendations: 

10 (1) STRENGTHEN ‘‘COUNTER-PROLIFERATION’’ 

11 EFFORTS.—The United States should work with the 

12 international community to develop laws and an 

13 international legal regime with universal jurisdiction 

14 to enable any state in the world to capture, interdict, 

15 and prosecute smugglers of nuclear material. 

16 (2) EXPAND THE PROLIFERATION SECURITY

17 INITIATIVE.—In carrying out the Proliferation Secu18 rity Initiative (PSI), the United States should— 

19 (A) use intelligence and planning resources 

20 of the North Atlantic Treaty Organization 

21 (NATO) alliance; 

22 (B) make participation open to non-NATO 

23 countries; and 

24 (C) encourage Russia and the People’s Re25 public of China to participate. 


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1 (3) SUPPORT THE COOPERATIVE THREAT RE2 DUCTION PROGRAM.—The United States should ex3 pand, improve, increase resources for, and otherwise 

4 fully support the Cooperative Threat Reduction 

5 (CTR) program. 

6 SEC. 1202. DEFINITIONS. 

7 In this title: 

8 (1) The terms ‘‘prevention of weapons of mass 

9 destruction proliferation and terrorism’’ and ‘‘pre10 vention of WMD proliferation and terrorism’’ in11 clude activities under— 

12 (A) the programs specified in section 

13 1501(b) of the National Defense Authorization 

14 Act for Fiscal Year 1997 (Public Law 104–201; 

15 110 Stat. 2731; 50 U.S.C. 2362 note); 

16 (B) the programs for which appropriations 

17 are authorized by section 3101(a)(2) of the Bob 

18 Stump National Defense Authorization Act for 

19 Fiscal Year 2003 (Public Law 107–314; 116 

20 Stat. 2458); 

21 (C) programs authorized by section 504 of 

22 the Freedom for Russia and Emerging Eur23 asian Democracies and Open Markets Support 

24 Act of 1992 (the FREEDOM Support Act) (22 

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1 tion 1412 of the Former Soviet Union Demili2 tarization Act of 1992 (22 U.S.C. 5902); and 

3 (D) a program of any agency of the Fed4 eral Government having a purpose similar to 

5 that of any of the programs identified in sub6 paragraphs (A) through (C), as designated by 

7 the United States Coordinator for the Preven8 tion of Weapons of Mass Destruction Prolifera9 tion and Terrorism and the head of the agency. 

10 (2) The terms ‘‘weapons of mass destruction’’ 

11 and ‘‘WMD’’ mean chemical, biological, and nuclear 

12 weapons, and chemical, biological, and nuclear mate13 rials that can be used in the manufacture of such 

14 weapons. 

15 (3) The term ‘‘items of proliferation concern’’ 

16 means equipment or other materials that could be 

17 used to develop WMD or for activities involving 

18 WMD. 


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1 Subtitle A—Repeal and Modifica2 tion of Limitations on Assist3 ance for Prevention of WMD 

4 Proliferation and Terrorism 

5 SEC. 1211. REPEAL AND MODIFICATION OF LIMITATIONS 

6 ON ASSISTANCE FOR PREVENTION OF WEAP7 ONS OF MASS DESTRUCTION PROLIFERATION 

8 AND TERRORISM. 

9 Consistent with the recommendations of the 9/11 

10 Commission, Congress repeals or modifies the limitations 

11 on assistance for prevention of weapons of mass destruc12 tion (WMD) proliferation and terrorism as follows: 

13 (1) SOVIET NUCLEAR THREAT REDUCTION ACT

14 OF 1991.—Section 211(b) of the Soviet Nuclear 

15 Threat Reduction Act of 1991 (title II of Public 

16 Law 102–228; 22 U.S.C. 2551 note) is repealed. 

17 (2) COOPERATIVE THREAT REDUCTION ACT OF

18 1993.—Section 1203(d) of the Cooperative Threat 

19 Reduction Act of 1993 (title XII of Public Law 

20 103–160; 22 U.S.C. 5952(d)) is repealed. 

21 (3) RUSSIAN CHEMICAL WEAPONS DESTRUC22 TION FACILITIES.—Section 1305 of the National De23 fense Authorization Act for Fiscal Year 2000 (Pub24 lic Law 106–65; 22 U.S.C. 5952 note) is repealed. 


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1 (4) AUTHORITY TO USE COOPERATIVE THREAT

2 REDUCTION FUNDS OUTSIDE THE FORMER SOVIET

3 UNION—MODIFICATION OF CERTIFICATION RE4 QUIREMENT; REPEAL OF FUNDING LIMITATION; 

5 CONGRESSIONAL NOTICE REQUIREMENT.—Section 

6 1308 of the National Defense Authorization Act for 

7 Fiscal Year 2004 (Public Law 108–136; 22 U.S.C. 

8 5963) is amended— 

9 (A) in subsection (a)— 

10 (i) by striking ‘‘the President may’’ 

11 and inserting ‘‘the Secretary of Defense 

12 may’’; and 

13 (ii) by striking ‘‘if the President’’ and 

14 inserting ‘‘if the Secretary of Defense, with 

15 the concurrence of the Secretary of 

16 State,’’; 

17 (B) by striking subsection (c); 

18 (C) in subsection (d)(1)— 

19 (i) by striking ‘‘The President may 

20 not’’ and inserting ‘‘The Secretary of De21 fense may not’’; and 

22 (ii) by striking ‘‘until the President’’ 

23 and inserting ‘‘until the Secretary of De24 fense’’; 

25 (D) in subsection (d)(2)— 


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1 (i) by striking ‘‘Not later than 10 

2 days after’’ and inserting ‘‘Not later than 

3 15 days prior to’’; 

4 (ii) by striking ‘‘the President shall’’ 

5 and inserting ‘‘the Secretary of Defense 

6 shall’’; and 

7 (iii) by striking ‘‘Congress’’ and in8 serting ‘‘the Committee on Armed Services 

9 and the Committee on Foreign Affairs of 

10 the House of Representatives and the 

11 Committee on Armed Services and Com12 mittee on Foreign Relations of the Sen13 ate’’; and 

14 (E) in subsection (d) by adding at the end 

15 the following: 

16 ‘‘(3) In the case of a situation that threatens human 

17 life or safety or where a delay would severely undermine 

18 the national security of the United States, notification 

19 under paragraph (2) shall be made not later than 10 days 

20 after obligating funds under the authority in subsection 

21 (a) for a project or activity.’’. 

22 (5) AUTHORITY TO USE INTERNATIONAL NU23 CLEAR MATERIALS PROTECTION AND COOPERATION

24 PROGRAM FUNDS OUTSIDE THE FORMER SOVIET

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1 QUIREMENT; REPEAL OF FUNDING LIMITATION; 

2 CONGRESSIONAL NOTICE REQUIREMENT.—Section 

3 3124 of the National Defense Authorization Act for 

4 Fiscal Year 2004 (Public Law 108–136; 117 Stat. 

5 1747) is amended— 

6 (A) in subsection (a)— 

7 (i) by striking ‘‘the President may’’ 

8 and inserting ‘‘the Secretary of Energy 

9 may’’; and 

10 (ii) by striking ‘‘if the President’’ and 

11 inserting ‘‘if the Secretary of Energy, with 

12 the concurrence of the Secretary of 

13 State,’’; 

14 (B) by striking subsection (c); 

15 (C) in subsection (d)(1)— 

16 (i) by striking ‘‘The President may 

17 not’’ and inserting ‘‘The Secretary of En18 ergy may not’’; and 

19 (ii) by striking ‘‘until the President’’ 

20 and inserting ‘‘until the Secretary of En21 ergy’’; 

22 (D) in subsection (d)(2)— 

23 (i) by striking ‘‘Not later than 10 

24 days after’’ and inserting ‘‘Not later than 

25 15 days prior to’’; 


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1 (ii) by striking ‘‘the President shall’’ 

2 and inserting ‘‘the Secretary of Energy 

3 shall’’; and 

4 (iii) by striking ‘‘Congress’’ and in5 serting ‘‘the Committee on Armed Services 

6 and the Committee on Foreign Affairs of 

7 the House of Representatives and the 

8 Committee on Armed Services and Com9 mittee on Foreign Relations of the Sen10 ate’’; and 

11 (E) in subsection (d) by adding at the end 

12 the following: 

13 ‘‘(3) In the case of a situation that threatens human 

14 life or safety or where a delay would severely undermine 

15 the national security of the United States, notification 

16 under paragraph (2) shall be made not later than 10 days 

17 after obligating funds under the authority in subsection 

18 (a) for a project or activity.’’. 

19 Subtitle B—Proliferation Security 

20 Initiative 

21 SEC. 1221. PROLIFERATION SECURITY INITIATIVE IM22 PROVEMENTS AND AUTHORITIES. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress, consistent with the 9/11 Commission’s rec25 ommendations, that the President should strive to expand 


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1 and strengthen the Proliferation Security Initiative (PSI) 

2 announced by the President on May 31, 2003, with a par3 ticular emphasis on the following: 

4 (1) Issuing a presidential directive to the rel5 evant government agencies and departments that es6 tablishes a defined annual budget and clear authori7 ties, and provides other necessary resources and 

8 structures to achieve more efficient and effective 

9 performance of United States PSI-related activities. 

10 (2) Working with the United Nations Security 

11 Council to develop a resolution to authorize the PSI 

12 under international law. 

13 (3) Increasing PSI cooperation with non-NATO 

14 partners. 

15 (4) Implementing the recommendations of the 

16 Government Accountability Office (GAO) in the Sep17 tember 2006 report titled ‘‘Better Controls Needed 

18 to Plan and Manage Proliferation Security Initiative 

19 Activities’’ (GAO–06–937C), including the following: 

20 (A) The Department of Defense and the 

21 Department of State should establish clear PSI 

22 roles and responsibilities, policies and proce23 dures, interagency communication mechanisms, 

24 documentation requirements, and indicators to 

25 measure program results. 


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1 (B) The Department of Defense and the 

2 Department of State should develop a strategy 

3 to work with PSI-participating countries to re4 solve issues that are impediments to conducting 

5 successful PSI interdictions. 

6 (5) Expanding and formalizing the PSI into a 

7 multilateral regime to increase coordination, co8 operation, and compliance among its participating 

9 states in interdiction activities. 

10 (b) BUDGET SUBMISSION.—The Secretary of State 

11 and the Secretary of Defense shall submit a defined budg12 et for the PSI, beginning with the budget submissions for 

13 their respective departments for fiscal year 2009. 

14 (c) IMPLEMENTATION REPORT.—Not later than 180 

15 days after the date of the enactment of this Act, the Presi16 dent shall transmit to the Committee on Armed Services 

17 and the Committee on Foreign Affairs of the House of 

18 Representatives and the Committee on Armed Services 

19 and the Committee on Foreign Relations of the Senate 

20 a report on the implementation of this section. The report 

21 shall include— 

22 (1) the steps taken to implement the rec23 ommendations described in paragraph (4) of sub24 section (a); and 


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1 (2) the progress made toward implementing the 

2 matters described in paragraphs (1), (2), (3), and 

3 (5) of subsection (a). 

4 (d) GAO ANNUAL REPORT.—The Government Ac5 countability Office shall submit to Congress, beginning in 

6 fiscal year 2007, an annual report with its assessment of 

7 the progress and effectiveness of the PSI, which shall in8 clude an assessment of the measures referred to in sub9 section (a). 

10 SEC. 1222. AUTHORITY TO PROVIDE ASSISTANCE TO COOP11 ERATIVE COUNTRIES. 

12 (a) IN GENERAL.—The President is authorized to 

13 provide, on such terms as the President considers appro14 priate, assistance under subsection (b) to any country that 

15 cooperates with the United States and with other coun16 tries allied with the United States to prevent the transport 

17 and transshipment of items of proliferation concern in its 

18 national territory or airspace or in vessels under its control 

19 or registry. 

20 (b) TYPES OF ASSISTANCE.—The assistance author21 ized under subsection (a) consists of the following: 

22 (1) Assistance under section 23 of the Arms 

23 Export Control Act (22 U.S.C. 2763). 


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1 (2) Assistance under chapters 4 (22 U.S.C. 

2 2346 et seq.) and 5 (22 U.S.C. 2347 et seq.) of part 

3 II of the Foreign Assistance Act of 1961. 

4 (3) Drawdown of defense excess defense articles 

5 and services under section 516 of the Foreign As6 sistance Act of 1961 (22 U.S.C. 2321j). 

7 (c) CONGRESSIONAL NOTIFICATION.—Assistance au8 thorized under this section may not be provided until at 

9 least 30 days after the date on which the President has 

10 provided notice thereof to the Committee on Armed Serv11 ices, the Committee on Foreign Affairs, and the Com12 mittee on Appropriations of the House of Representatives 

13 and the Committee on Armed Services, the Committee on 

14 Foreign Relations, and the Committee on Appropriations 

15 of the Senate, in accordance with the procedures applica16 ble to reprogramming notifications under section 634A(a) 

17 of the Foreign Assistance Act of 1961 (22 U.S.C. 2394- 

18 1(a)), and has certified to such committees that such as19 sistance will be used in accordance with the requirement 

20 of subsection (e) of this section. 

21 (d) LIMITATION.—Assistance may be provided to a 

22 country under section (a) in no more than three fiscal 

23 years. 

24 (e) USE OF ASSISTANCE.—Assistance provided under 

25 this section shall be used to enhance the capability of the 


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1 recipient country to prevent the transport and trans2 shipment of items of proliferation concern in its national 

3 territory or airspace, or in vessels under its control or reg4 istry, including through the development of a legal frame5 work in that country, consistent with any international 

6 laws or legal authorities governing the PSI, to enhance 

7 such capability by criminalizing proliferation, enacting 

8 strict export controls, and securing sensitive materials 

9 within its borders, and to enhance the ability of the recipi10 ent country to cooperate in operations conducted with 

11 other participating countries. 

12 (f) LIMITATION ON SHIP OR AIRCRAFT TRANSFERS

13 TO UNCOOPERATIVE COUNTRIES.—Notwithstanding any 

14 other provision of law, the United States may not transfer 

15 any excess defense article that is a vessel or an aircraft 

16 to a country that has not agreed that it will support and 

17 assist efforts by the United States to interdict items of 

18 proliferation concern until thirty days after the date on 

19 which the President has provided notice of the proposed 

20 transfer to the appropriate congressional committees in 

21 accordance with the procedures applicable to reprogram22 ming notifications under section 634A(a) of the Foreign 

23 Assistance Act of 1961 (22 U.S.C. 2394-1(a)), in addition 

24 to any other requirement of law. 


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1 Subtitle C—Assistance to Accel2 erate Programs to Prevent 

3 Weapons of Mass Destruction 

4 Proliferation and Terrorism 

5 SEC. 1231. FINDINGS; STATEMENT OF POLICY. 

6 (a) FINDINGS.—Congress is aware that certain 

7 United States threat reduction and nonproliferation pro8 grams have in past years encountered obstacles to timely 

9 obligating and executing the full amount of appropriated 

10 funds, and that certain United States threat reduction and 

11 nonproliferation programs currently encounter such obsta12 cles and therefore maintain unobligated and uncosted bal13 ances. Such obstacles include lack of effective policy guid14 ance, limits on program scope, practical inefficiencies, lack 

15 of cooperation with other countries, and lack of effective 

16 leadership to overcome such obstacles. 

17 (b) STATEMENT OF POLICY.—It shall be the policy 

18 of the United States, consistent with the 9/11 Commis19 sion’s recommendations, to eliminate the obstacles de20 scribed in subsection (a) with concrete measures, such as 

21 those described in this title, to accelerate and strengthen 

22 progress on preventing weapons of mass destruction 

23 (WMD) proliferation and terrorism. Such measures de24 scribed in this title include the removal and modification 

25 of statutory limits to executing funds, the expansion and 


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1 strengthening of the PSI, the establishment of the Office 

2 of the United States Coordinator for the Prevention of 

3 Weapons of Mass Destruction Proliferation and Terrorism 

4 under subtitle D, and the establishment of the Commis5 sion on the Prevention of Weapons of Mass Destruction 

6 Proliferation and Terrorism under subtitle E. As a result, 

7 Congress intends that any funds authorized to be appro8 priated to programs for preventing WMD proliferation 

9 and terrorism under this section will be executed in a time10 ly manner. 

11 SEC. 1232. AUTHORIZATION OF APPROPRIATIONS FOR THE 

12 DEPARTMENT OF DEFENSE COOPERATIVE 

13 THREAT REDUCTION PROGRAM. 

14 (a) FISCAL YEAR 2007.—In addition to any other 

15 amounts authorized to be appropriated, there are author16 ized to be appropriated to the Department of Defense Co17 operative Threat Reduction Program such sums as may 

18 be necessary for fiscal year 2007 for the following pur19 poses: 

20 (1) Biological weapons proliferation prevention. 

21 (2) Chemical weapons destruction at 

22 Shchuch’ye, Russia. 

23 (3) Acceleration, expansion, and strengthening 

24 of all CTR activities. 


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1 (b) FUTURE YEARS.—It is the sense of Congress that 

2 in fiscal year 2008 and future fiscal years, the President 

3 should accelerate and expand funding for Cooperative 

4 Threat Reduction programs administered by the Depart5 ment of Defense and such efforts should include, begin6 ning upon enactment of this Act, encouraging additional 

7 commitments by the Russian Federation and other part8 ner nations, as recommended by the 9/11 Commission. 

9 SEC. 1233. AUTHORIZATION OF APPROPRIATIONS FOR THE 

10 DEPARTMENT OF ENERGY PROGRAMS TO 

11 PREVENT WEAPONS OF MASS DESTRUCTION 

12 PROLIFERATION AND TERRORISM. 

13 In addition to any other amounts authorized to be 

14 appropriated, there are authorized to be appropriated to 

15 the Department of Energy National Nuclear Security Ad16 ministration such sums as may be necessary for fiscal year 

17 2007 for programs to prevent weapons of mass destruction 

18 (WMD) proliferation and terrorism, to be used as follows: 

19 (1) To accelerate, expand, and strengthen the 

20 Global Threat Reduction Initiative (GTRI), with a 

21 particular emphasis on— 

22 (A) the Russian research reactor fuel re23 turn program; 

24 (B) international radiological threat reduc25 tion; 


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1 (C) emerging threats and gap material; 

2 and 

3 (D) development of quick response and 

4 short-term capabilities to secure and remove 

5 WMD materials throughout the world. 

6 (2) To accelerate, expand, and strengthen the 

7 Nonproliferation and International Security (NIS) 

8 program, with a particular emphasis on— 

9 (A) global security and engagement, and 

10 cooperation with the People’s Republic of 

11 China, India, and other states; 

12 (B) activities to address emerging pro13 liferation concerns in North Korea, Iran, and 

14 elsewhere; 

15 (C) participation in negotiations regarding 

16 North Korea’s nuclear programs; 

17 (D) inter-agency participation in the Pro18 liferation Security Initiative (PSI); 

19 (E) technical and other assistance to the 

20 International Atomic Energy Agency (IAEA) to 

21 support efforts to increase the IAEA’s capacity 

22 to secure vulnerable WMD materials worldwide 

23 and prevent WMD proliferation and terrorism; 

24 (F) efforts to increase United States abil25 ity to help states around the world place the 


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1 ‘‘effective controls’’ on WMD and related mate2 rials and technology mandated by United Na3 tions Security Council Resolution 1540 (2004); 

4 (G) cooperation on international safe5 guards and export controls in South Asia, the 

6 Middle East, and other regions; 

7 (H) efforts to strengthen United States 

8 commitments to international regimes and 

9 agreements; and 

10 (I) establishment of a contingency fund for 

11 opportunities to prevent WMD proliferation and 

12 terrorism that arise. 

13 (3) To accelerate, expand, and strengthen the 

14 International Materials Protection, Control and Ac15 counting (MPC&A) program, with a particular em16 phasis on— 

17 (A) implementation of physical protection 

18 and material control and accounting upgrades 

19 at sites; 

20 (B) national programs and sustainability 

21 activities in Russia; 

22 (C) material consolidation and conversion 

23 (including significant acceleration of the down24 blending of highly-enriched uranium to low-en25 riched uranium, the removal of highly-enriched 


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1 uranium from facilities, and international par2 ticipation in these efforts); 

3 (D) efforts to strengthen cooperation with 

4 Russia; 

5 (E) implementation of Second Line of De6 fense Megaports agreements; 

7 (F) implementation of Department of En8 ergy actions under the Security and Account9 ability for Every Port Act of 2006 (also known 

10 as the SAFE Port Act; Public Law 109–347); 

11 and 

12 (G) promoting and facilitating worldwide 

13 the promulgation of best practices for security 

14 of weapons usable and other nuclear materials. 

15 (4) To accelerate, expand, and strengthen the 

16 Research and Development program, with a par17 ticular emphasis on— 

18 (A) improvement of United States govern19 ment capability for both short and long-term, 

20 and innovative, research and development that 

21 addresses emerging WMD proliferation and ter22 rorism concerns and will maintain United 

23 States technological advantage, including the 

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1 nium enrichment, and plutonium reprocessing; 

2 and 

3 (B) efforts to significantly expand the sci4 entific research and development skills and re5 sources available to the Department of Energy’s 

6 programs to prevent WMD proliferation and 

7 terrorism. 

8 Subtitle D—Office of the United 

9 States Coordinator for the Pre10 vention of Weapons of Mass De11 struction Proliferation and Ter12 rorism 

13 SEC. 1241. OFFICE OF THE UNITED STATES COORDINATOR 

14 FOR THE PREVENTION OF WEAPONS OF MASS 

15 DESTRUCTION PROLIFERATION AND TER16 RORISM. 

17 (a) ESTABLISHMENT.—There is established within 

18 the Executive Office of the President an office to be known 

19 as the ‘‘Office of the United States Coordinator for the 

20 Prevention of Weapons of Mass Destruction Proliferation 

21 and Terrorism’’ (in this subtitle referred to as the ‘‘Of22 fice’’). 

23 (b) OFFICERS.— 

24 (1) UNITED STATES COORDINATOR.—The head 

25 of the Office shall be the United States Coordinator 


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1 of the Office (in this subtitle referred to as the ‘‘Co2 ordinator’’). 

3 (2) DEPUTY UNITED STATES COORDINATOR.— 

4 There shall be a Deputy United States Coordinator 

5 of the Office (in this subtitle referred to as the 

6 ‘‘Deputy Coordinator’’), who shall— 

7 (A) assist the Coordinator in carrying out 

8 the responsibilities of the Coordinator under 

9 this subtitle; and 

10 (B) serve as Acting Coordinator in the ab11 sence of the Coordinator and during any va12 cancy in the office of Coordinator. 

13 (3) APPOINTMENT.—The Coordinator and Dep14 uty Coordinator shall be appointed by the President, 

15 by and with the advice and consent of the Senate, 

16 and shall be responsible on a full-time basis for the 

17 duties and responsibilities described in this section. 

18 (4) LIMITATION.—No person shall serve as Co19 ordinator or Deputy Coordinator while serving in 

20 any other position in the Federal Government. 

21 (c) DUTIES.—The responsibilities of the Coordinator 

22 shall include the following: 

23 (1) Serving as the advisor to the President on 

24 all matters relating to the prevention of weapons of 


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1 mass destruction (WMD) proliferation and ter2 rorism. 

3 (2) Formulating a comprehensive and well-co4 ordinated United States strategy and policies for 

5 preventing WMD proliferation and terrorism, includ6 ing— 

7 (A) measurable milestones and targets to 

8 which departments and agencies can be held ac9 countable; 

10 (B) identification of gaps, duplication, and 

11 other inefficiencies in existing activities, initia12 tives, and programs and the steps necessary to 

13 overcome these obstacles; 

14 (C) plans for preserving the nuclear secu15 rity investment the United States has made in 

16 Russia, the former Soviet Union, and other 

17 countries; 

18 (D) prioritized plans to accelerate, 

19 strengthen, and expand the scope of existing 

20 initiatives and programs, which include identi21 fication of vulnerable sites and material and the 

22 corresponding actions necessary to eliminate 

23 such vulnerabilities; 

24 (E) new and innovative initiatives and pro25 grams to address emerging challenges and 


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1 strengthen United States capabilities, including 

2 programs to attract and retain top scientists 

3 and engineers and strengthen the capabilities of 

4 United States national laboratories; 

5 (F) plans to coordinate United States ac6 tivities, initiatives, and programs relating to the 

7 prevention of WMD proliferation and terrorism, 

8 including those of the Department of Energy, 

9 Department of Defense, Department of State, 

10 and Department of Homeland Security, and in11 cluding the Proliferation Security Initiative, the 

12 G-8 Global Partnership Against the Spread of 

13 Weapons and Materials of Mass Destruction, 

14 United Nations Security Council Resolution 

15 1540, and the Global Initiative to Combat Nu16 clear Terrorism; 

17 (G) plans to strengthen United States 

18 commitments to international regimes and sig19 nificantly improve cooperation with other coun20 tries relating to the prevention of WMD pro21 liferation and terrorism, with particular empha22 sis on work with the international community to 

23 develop laws and an international legal regime 

24 with universal jurisdiction to enable any state 

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1 glers of WMD material, as recommended by the 

2 9/11 Commission; and 

3 (H) identification of actions necessary to 

4 implement the recommendations of the Com5 mission on the Prevention of Weapons of Mass 

6 Destruction Proliferation and Terrorism estab7 lished under subtitle E of this title. 

8 (3) Leading inter-agency coordination of United 

9 States efforts to implement the strategy and policies 

10 described in this section. 

11 (4) Conducting oversight and evaluation of ac12 celerated and strengthened implementation of initia13 tives and programs to prevent WMD proliferation 

14 and terrorism by relevant government departments 

15 and agencies. 

16 (5) Overseeing the development of a comprehen17 sive and coordinated budget for programs and initia18 tives to prevent WMD proliferation and terrorism, 

19 ensuring that such budget adequately reflects the 

20 priority of the challenges and is effectively executed, 

21 and carrying out other appropriate budgetary au22 thorities. 

23 (d) STAFF.—The Coordinator may appoint and ter24 minate such personnel as may be necessary to enable the 

25 Coordinator to perform his or her duties. 


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1 (e) CONSULTATION WITH COMMISSION.—The Office 

2 and the Coordinator shall regularly consult with and strive 

3 to implement the recommendations of the Commission on 

4 the Prevention of Weapons of Mass Destruction Prolifera5 tion and Terrorism, established under subtitle E of this 

6 title. 

7 (f) ANNUAL REPORT ON STRATEGIC PLAN.—For fis8 cal year 2009 and each fiscal year thereafter, the Coordi9 nator shall submit to Congress, at the same time as the 

10 submission of the budget for that fiscal year under title 

11 31, United States Code, a report on the strategy and poli12 cies developed pursuant to subsection (c)(2), together with 

13 any recommendations of the Coordinator for legislative 

14 changes that the Coordinator considers appropriate with 

15 respect to such strategy and policies and their implemen16 tation or the Office of the Coordinator. 

17 SEC. 1242. REQUEST FOR CORRESPONDING RUSSIAN COOR18 DINATOR. 

19 It is the sense of the Congress that, as soon as prac20 tical, the President should personally request the Presi21 dent of the Russian Federation to designate an official of 

22 the Russian Federation having authorities and responsibil23 ities for preventing weapons of mass destruction (WMD) 

24 proliferation and terrorism commensurate with those of 

25 the Coordinator, and with whom the Coordinator should 


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1 coordinate planning and implementation of activities in 

2 the Russian Federation having the purpose of preventing 

3 WMD proliferation and terrorism. 

4 Subtitle E—Commission on the 

5 Prevention of Weapons of Mass 

6 Destruction Proliferation and 

7 Terrorism 

8 SEC. 1251. COMMISSION ON THE PREVENTION OF WEAPONS 

9 OF MASS DESTRUCTION PROLIFERATION 

10 AND TERRORISM. 

11 There is established the Commission on the Preven12 tion of Weapons of Mass Destruction Proliferation and 

13 Terrorism (in this subtitle referred to as the ‘‘Commis14 sion’’). 

15 SEC. 1252. PURPOSES. 

16 (a) IN GENERAL.—The purposes of the Commission 

17 are to— 

18 (1) assess current activities, initiatives, and 

19 programs to prevent WMD proliferation and ter20 rorism; and 

21 (2) provide a clear and comprehensive strategy 

22 and concrete recommendations for such activities, 

23 initiatives, and programs. 

24 (b) IN PARTICULAR.—The Commission shall give 

25 particular attention to activities, initiatives, and programs 


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1 to secure all nuclear weapons-usable material around the 

2 world and to significantly accelerate, expand, and 

3 strengthen, on an urgent basis, United States and inter4 national efforts to prevent, stop, and counter the spread 

5 of nuclear weapons capabilities and related equipment, 

6 material, and technology to terrorists and states of con7 cern. 

8 SEC. 1253. COMPOSITION. 

9 (a) MEMBERS.—The Commission shall be composed 

10 of 9 members, of whom— 

11 (1) 3 members shall be appointed by the Presi12 dent; 

13 (2) 2 members shall be appointed by the major14 ity leader of the Senate; 

15 (3) 1 member shall be appointed by the minor16 ity leader of the Senate; 

17 (4) 2 members shall be appointed by the Speak18 er of the House of Representatives; and 

19 (5) 1 member shall be appointed by the minor20 ity leader of the House of Representatives. 

21 (b) CO-CHAIRMEN.—The Commission shall have two 

22 co-chairmen designated from among the members of the 

23 Commission. Of the co-chairmen— 

24 (1) 1 shall be designated by the President; and 


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1 (2) 1 shall be designated jointly by the majority 

2 leader of the Senate and the Speaker of the House 

3 of Representatives. 

4 (c) DEADLINE FOR APPOINTMENT.—All members of 

5 the Commission shall be appointed within 90 days of the 

6 date of the enactment of this Act. 

7 (d) INITIAL MEETING.—The Commission shall meet 

8 and begin the operations of the Commission as soon as 

9 practicable. 

10 (e) QUORUM; VACANCIES.—After its initial meeting, 

11 the Commission shall meet upon the call of the co-chair12 men or a majority of its members. Six members of the 

13 Commission shall constitute a quorum. Any vacancy in the 

14 Commission shall not affect its powers, but shall be filled 

15 in the same manner in which the original appointment was 

16 made. 

17 SEC. 1254. RESPONSIBILITIES. 

18 (a) IN GENERAL.—The Commission shall address— 

19 (1) the roles, missions, and structure of all rel20 evant government departments, agencies, and other 

21 actors, including the Office of the United States Co22 ordinator for the Prevention of Weapons of Mass 

23 Destruction Proliferation and Terrorism established 

24 under subtitle D of this title; 

25 (2) inter-agency coordination; 


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1 (3) United States commitments to international 

2 regimes and cooperation with other countries; and 

3 (4) the threat of weapons of mass destruction 

4 proliferation and terrorism to the United States and 

5 its interests and allies, including the threat posed by 

6 black-market networks, and the effectiveness of the 

7 responses by the United States and the international 

8 community to such threats. 

9 (b) FOLLOW-ON BAKER-CUTLER REPORT.—The 

10 Commission shall also reassess, and where necessary up11 date and expand on, the conclusions and recommendations 

12 of the report titled ‘‘A Report Card on the Department 

13 of Energy’s Nonproliferation Programs with Russia’’ of 

14 January 2001 (also known as the ‘‘Baker-Cutler Report’’) 

15 and implementation of such recommendations. 

16 SEC. 1255. POWERS. 

17 (a) HEARINGS AND EVIDENCE.—The Commission or, 

18 on the authority of the Commission, any subcommittee or 

19 member thereof, may, for the purpose of carrying out this 

20 subtitle, hold such hearings and sit and act at such times 

21 and places, take such testimony, receive such evidence, 

22 and administer such oaths as the Commission or such des23 ignate subcommittee or designated member may deter24 mine advisable. 


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1 (b) CONTRACTING.—The Commission may, to such 

2 extent and in such amounts as are provided in appropria3 tions Acts, enter into contracts to enable the Commission 

4 to discharge its duties under this subtitle. 

5 (c) INFORMATION FROM FEDERAL AGENCIES.— 

6 (1) IN GENERAL.—The Commission is author7 ized to secure directly from any executive depart8 ment, bureau, agency, board, commission, office, 

9 independent establishment, or instrumentality of the 

10 Government, information, suggestions, estimates, 

11 and statistics for the purposes of this subtitle. Each 

12 department, bureau, agency, board, commission, of13 fice, independent establishment, or instrumentality 

14 shall, to the extent authorized by law, furnish such 

15 information, suggestions, estimates, and statistics di16 rectly to the Commission, upon request made by the 

17 co-chairmen, the chairman of any subcommittee cre18 ated by a majority of the Commission, or any mem19 ber designated by a majority of the Commission. 

20 (2) RECEIPT, HANDLING, STORAGE, AND DIS21 SEMINATION.—Information shall only be received, 

22 handled, stored, and disseminated by members of 

23 the Commission and its staff consistent with all ap24 plicable statutes, regulations, and Executive orders. 

25 (d) ASSISTANCE FROM FEDERAL AGENCIES.— 


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1 (1) GENERAL SERVICES ADMINISTRATION.— 

2 The Administrator of General Services shall provide 

3 to the Commission on a reimbursable basis adminis4 trative support and other services for the perform5 ance of the Commission’s functions. 

6 (2) OTHER DEPARTMENTS AND AGENCIES.—In 

7 addition to the assistance prescribed in paragraph 

8 (1), departments and agencies of the United States 

9 may provide to the Commission such services, funds, 

10 facilities, staff, and other support services as they 

11 may determine advisable and as may be authorized 

12 by law. 

13 (e) GIFTS.—The Commission may accept, use, and 

14 dispose of gifts or donations of services or property. 

15 (f) POSTAL SERVICES.—The Commission may use 

16 the United States mails in the same manner and under 

17 the same conditions as departments and agencies of the 

18 United States. 

19 SEC. 1256. NONAPPLICABILITY OF FEDERAL ADVISORY 

20 COMMITTEE ACT. 

21 (a) IN GENERAL.—The Federal Advisory Committee 

22 Act (5 U.S.C. App.) shall not apply to the Commission. 

23 (b) PUBLIC MEETINGS AND RELEASE OF PUBLIC

24 VERSIONS OF REPORTS.—The Commission shall— 


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1 (1) hold public hearings and meetings to the ex2 tent appropriate; and 

3 (2) release public versions of the report re4 quired under section 1257. 

5 (c) PUBLIC HEARINGS.—Any public hearings of the 

6 Commission shall be conducted in a manner consistent 

7 with the protection of information provided to or developed 

8 for or by the Commission as required by any applicable 

9 statute, regulation, or Executive order. 

10 SEC. 1257. REPORT. 

11 Not later than 180 days after the appointment of the 

12 Commission, the Commission shall submit to the Presi13 dent and Congress a final report containing such findings, 

14 conclusions, and recommendations for corrective measures 

15 as have been agreed to by a majority of Commission mem16 bers. 

17 SEC. 1258. TERMINATION. 

18 (a) IN GENERAL.—The Commission, and all the au19 thorities of this subtitle, shall terminate 60 days after the 

20 date on which the final report is submitted under section 

21 1257. 

22 (b) ADMINISTRATIVE ACTIVITIES BEFORE TERMI23 NATION.—The Commission may use the 60-day period re24 ferred to in subsection (a) for the purpose of concluding 

25 its activities, including providing testimony to committees 


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1 of Congress concerning its report and disseminating the 

2 final report. 

3 TITLE XIII—NUCLEAR BLACK 

4 MARKET COUNTER-TER5 RORISM ACT 

6 SEC. 1301. SHORT TITLE. 

7 This title may be cited as the ‘‘Nuclear Black Market 

8 Counter-Terrorism Act of 2007’’. 

9 SEC. 1302. DEFINITIONS. 

10 In this title: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means the Committee on Foreign Affairs, 

14 the Committee on Armed Services, the Permanent 

15 Select Committee on Intelligence, and the Com16 mittee on Appropriations of the House of Represent17 atives, and the Committee on Foreign Relations, the 

18 Committee on Armed Services, the Select Committee 

19 on Intelligence, and the Committee on Appropria20 tions of the Senate. 

21 (2) FOREIGN PERSON.—The term ‘‘foreign per22 son’’— 

23 (A) means any person who is not a citizen 

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1 dence under the Immigration and Nationality 

2 Act; 

3 (B) includes any foreign corporation, inter4 national organization, or foreign government; 

5 and 

6 (C) includes, for purposes of subsections 

7 (a) and (b) of section 1311, successors, assigns, 

8 subsidiaries, and subunits of the person de9 scribed in subparagraph (A) or (B) (as the case 

10 may be), and other business organizations or 

11 associations in which that person may be 

12 deemed to have a controlling interest. 

13 (3) PERSON.—The term ‘‘person’’— 

14 (A) means a natural person as well as a 

15 corporation, business association, partnership, 

16 society, trust, any other nongovernmental enti17 ty, organization, or group, and any govern18 mental entity, or subsidiary, subunit, or parent 

19 entity thereof, and any successor of any such 

20 entity; and 

21 (B) in the case of a country where it may 

22 be impossible to identify a specific governmental 

23 entity referred to in subparagraph (A), means 

24 all activities of that government relating to the 


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1 development or production of any nuclear 

2 equipment or technology. 

3 (4) UNITED STATES FOREIGN ASSISTANCE.— 

4 The term ‘‘United States foreign assistance’’ means 

5 assistance under the foreign operations, export fi6 nancing, and related programs appropriations Act 

7 for a fiscal year, and assistance under the Foreign 

8 Assistance Act of 1961. 

9 Subtitle A—Sanctions for Transfers 

10 of Nuclear Enrichment, Reproc11 essing, and Weapons Tech12 nology, Equipment, and Mate13 rials Involving Foreign Persons 

14 and Terrorists 

15 SEC. 1311. AUTHORITY TO IMPOSE SANCTIONS ON FOREIGN 

16 PERSONS. 

17 (a) DETERMINATION OF NUCLEAR ACTIVITIES BY

18 FOREIGN PERSONS.— 

19 (1) DETERMINATION.—Notwithstanding any 

20 other provision of law, the President shall impose 

21 the sanctions described in subsection (b) whenever 

22 the President determines that a foreign person, on 

23 or after the date of the enactment of this Act, par24 ticipated in the export, transfer or trade of— 


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1 (A) nuclear enrichment or reprocessing 

2 equipment, materials, or technology to any non3 nuclear-weapon state (as defined in section 

4 102(c) of the Arms Export Control Act) that— 

5 (i) does not possess functioning nu6 clear enrichment or reprocessing plants as 

7 of January 1, 2004; and 

8 (ii)(I) does not have in force an addi9 tional protocol with the International 

10 Atomic Energy Agency for the application 

11 of safeguards (as derived from IAEA docu12 ment INFCIRC/540 and related correc13 tions and additions); or 

14 (II) is developing, manufacturing, or 

15 acquiring a nuclear explosive device; or 

16 (B) any nuclear explosive device, or design 

17 information or component, equipment, mate18 rials, or other items or technology that— 

19 (i) is designated for national export 

20 controls under the Nuclear Supplier Group 

21 Guidelines for the Export of Nuclear Mate22 rial, Equipment and Technology (published 

23 by the International Atomic Energy Agen24 cy as IAEA document INFCIRC/254/Rev. 

25 6/Part 1 and subsequent revisions) and the 


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1 Guidelines for Transfers of Nuclear-Re2 lated Dual-Use Equipment, Materials, 

3 Software and Related Technology (pub4 lished as IAEA document INFCIRC/254/ 

5 Rev. 5/ Part 2 and subsequent revisions); 

6 and 

7 (ii) contributes to the development, 

8 manufacture, or acquisition of a nuclear 

9 explosive device by— 

10 (I) a non-nuclear weapon state; 

11 or 

12 (II) a foreign person. 

13 (2) DEFINITION.—For purposes of paragraph 

14 (1), the term ‘‘participated’’ means sold, transferred, 

15 brokered, financed, assisted, delivered, or otherwise 

16 provided or received, and includes any conspiracy or 

17 attempt to engage in any of such activities, as well 

18 as facilitating such activities by any other person. 

19 (b) SANCTIONS.—The sanctions referred to in sub20 section (a) that are to be imposed on a foreign person are 

21 the following: 

22 (1) No assistance may be provided to the for23 eign person under the Foreign Assistance Act of 

24 1961, and the foreign person may not participate in 

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1 ernment. Any such assistance being provided to the 

2 foreign person, and any participation in such assist3 ance program by the foreign person, on the date on 

4 which the sanction under this paragraph is imposed 

5 shall be terminated as of such date. 

6 (2) The United States Government may not ex7 port to the foreign person, or grant a license or 

8 other approval to export to or import from the for9 eign person of, any defense articles, defense services, 

10 or design or construction services under the Foreign 

11 Assistance Act of 1961 or the Arms Export Control 

12 Act. Any contract to export such articles or services, 

13 or license or approval to export or import, under ei14 ther such Act, that is in effect on the date on which 

15 the sanction under this paragraph is imposed shall 

16 be terminated as of such date. 

17 (3) Licenses or any other approval may not be 

18 issued for the export to the foreign person of any 

19 goods or technology subject to the jurisdiction of the 

20 Export Administration Regulations under chapter 

21 VII of title 15, Code of Federal Regulations (or suc22 cessor regulations), other than food and other agri23 cultural commodities, medicines and medical equip24 ment. Any such license or approval that is in effect 

25 on the on the date on which the sanction under this 


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1 paragraph is imposed, shall be terminated as of such 

2 date. 

3 (4) No department or agency of the United 

4 States Government may procure, or enter into any 

5 contract for the procurement of, any goods or serv6 ices from the foreign person. The Secretary of the 

7 Treasury shall prohibit the importation into the 

8 United States of goods, technology, or services pro9 duced or provided by the foreign person, other than 

10 information or informational materials within the 

11 meaning of section 203(b)(3) of the International 

12 Emergency Economic Powers Act (50 U.S.C. 

13 1702(b)(3)). 

14 (c) PERIOD SANCTIONS IN EFFECT.—The sanctions 

15 referred to in subsection (b) should be imposed for not 

16 less than two years, but may be imposed for longer peri17 ods. The President may suspend after one year any sanc18 tion imposed pursuant to this section 15 days after sub19 mitting to the appropriate congressional committees a re20 port explaining— 

21 (1) the reasons for suspending the sanction; 

22 (2) how the purposes of this title and United 

23 States national security are furthered by such sus24 pension; and 


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1 (3) what measures the United States will take 

2 or is taking to ensure that the foreign person will 

3 not engage in similar activities in the future. 

4 (d) WAIVER AUTHORITY.—The President may waive 

5 the imposition of any sanction under subsection (b) if the 

6 President certifies to the appropriate congressional com7 mittees that the waiver— 

8 (1) is important to the national security inter9 ests of the United States; and 

10 (2) would further the purposes of this title. 

11 SEC. 1312. PRESIDENTIAL NOTIFICATION ON ACTIVITIES 

12 OF FOREIGN PERSONS. 

13 (a) REPORTS TO CONGRESS.—Not later than 180 

14 days after the date of enactment of this Act, and not later 

15 than January 31 of each year thereafter, the President 

16 shall submit to the appropriate congressional committees 

17 a report detailing any activity by any foreign person de18 scribed in section 1311. This report shall also include a 

19 description of any sanctions that have been imposed and 

20 their duration. 

21 (b) PUBLICATION.—When the President imposes 

22 sanctions under section 1311, the President shall, to the 

23 maximum extent possible in unclassified form, publish in 

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1 mittees under subsection (a), the identity of each sanc2 tioned foreign person, the period for which sanctions will 

3 be in effect, and the reasons for the sanctions. 

4 Subtitle B—Further Actions 

5 Against Corporations Associated 

6 With Sanctioned Foreign Per7 sons 

8 SEC. 1321. FINDINGS. 

9 The Congress finds the following: 

10 (1) Foreign persons and corporations engaging 

11 in nuclear black-market activities are motivated by 

12 reasons of commercial gain and profit. 

13 (2) Sanctions targeted solely against the busi14 ness interests of the sanctioned person or business 

15 concern may be unsuccessful in halting these pro16 liferation activities, as the sanctions may be seen 

17 merely as the cost of doing business, especially if the 

18 business interests of the parent or subsidiary cor19 porate entities are unaffected by the sanctions. 

20 (3) Such narrow targeting of sanctions creates 

21 the incentive to create shell and ‘‘carve-out’’ cor22 porate entities to perform the proliferation activities 

23 and attract sanctions, leaving all other aspects of the 

24 larger corporation unaffected. 


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1 (4) To dissuade corporations from allowing 

2 their associated commercial entities or persons from 

3 engaging in proliferation black-market activities, 

4 they must also be made to suffer financial loss and 

5 commercial disadvantage, and parent and subsidiary 

6 commercial enterprises must be held responsible for 

7 the proliferation activities of their associated enti8 ties. 

9 (5) If a corporation perceives that the United 

10 States Government will do everything possible to 

11 make its commercial activity difficult around the 

12 world, then that corporation has a powerful commer13 cial incentive to prevent any further proliferation ac14 tivity by its associated entities. 

15 (6) Therefore, the United States Government 

16 should seek to increase the risk of commercial loss 

17 for associated corporate entities for the proliferation 

18 actions of their subsidiaries. 

19 SEC. 1322. CAMPAIGN BY UNITED STATES GOVERNMENT 

20 OFFICIALS. 

21 The President shall instruct all agencies of the 

22 United States Government to make every effort in their 

23 interactions with foreign government and business officials 

24 to persuade foreign governments and relevant corporations 

25 not to engage in any business transaction with a foreign 


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1 person sanctioned under section 1311, including any enti2 ty that is a parent or subsidiary of the sanctioned foreign 

3 person, for the duration of the sanctions. 

4 SEC. 1323. COORDINATION. 

5 The Secretary of State shall coordinate the actions 

6 of the United States Government under section 1322. 

7 SEC. 1324. REPORT. 

8 Not later than one year after the date of the enact9 ment of this Act and annually thereafter, the Secretary 

10 of State shall report to the appropriate congressional com11 mittees on the actions taken by the United States to carry 

12 out section 1322. 

13 Subtitle C—Rollback of Nuclear 

14 Proliferation Networks 

15 SEC. 1331. NONPROLIFERATION AS A CONDITION OF 

16 UNITED STATES ASSISTANCE. 

17 United States foreign assistance should only be pro18 vided to countries that— 

19 (1) are not cooperating with any non-nuclear20 weapon state or any foreign group or individual who 

21 may be engaged in, planning, or assisting any inter22 national terrorist group in the development of a nu23 clear explosive device or its means of delivery and 

24 are taking all necessary measures to prevent their 

25 nationals and other persons and entities subject to 


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1 their jurisdiction from participating in such coopera2 tion; and 

3 (2) are fully and completely cooperating with 

4 the United States in its efforts to eliminate nuclear 

5 black-market networks or activities. 

6 SEC. 1332. REPORT ON IDENTIFICATION OF NUCLEAR PRO7 LIFERATION NETWORK HOST COUNTRIES. 

8 (a) REPORT.— 

9 (1) IN GENERAL.—Not later than 90 days after 

10 the date of the enactment of this Act and annually 

11 thereafter, the President shall submit a report to the 

12 appropriate congressional committees that— 

13 (A) identifies any country in which manu14 facturing, brokering, shipment, transshipment, 

15 or other activity occurred in connection with the 

16 transactions of the nuclear proliferation net17 work that supplied Libya, Iran, North Korea, 

18 and possibly other countries or entities; and 

19 (B) identifies any country in which manu20 facturing, brokering, shipment, transshipment, 

21 or other activity occurred for the purpose of 

22 supplying nuclear technology, equipment, or 

23 material to another country or foreign person 

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1 quisition, of a nuclear explosive device by a 

2 country or foreign person of concern to the 

3 United States 

4 (2) ADDITIONAL INFORMATION.—The report 

5 under paragraph (1) shall also include a description 

6 of the extent to which each country described in the 

7 report is, in the opinion of the President, fully co8 operating with the United States in its efforts to 

9 eliminate the nuclear proliferation network described 

10 in paragraph (1)(A) or stopping the activities de11 scribed in paragraph (1)(B). The President shall 

12 base the determination regarding a country’s co13 operation with the United States in part on the de14 gree to which the country has satisfied United 

15 States requests for assistance and information, in16 cluding whether the United States has asked and 

17 been granted direct investigatory access to key per18 sons involved in the nuclear proliferation network 

19 described in paragraph (1)(A) or the activities de20 scribed in paragraph (1)(B). 

21 (b) CLASSIFICATION.—Reports under this section 

22 shall be unclassified to the maximum extent possible. 


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1 SEC. 1333. SUSPENSION OF ARMS SALES LICENSES AND DE2 LIVERIES TO NUCLEAR PROLIFERATION 

3 HOST COUNTRIES. 

4 (a) SUSPENSION.—Upon submission of the report 

5 and any additional information under section 1332 to the 

6 appropriate congressional committees, the President shall 

7 suspend all licenses issued under the Arms Export Control 

8 Act, and shall prohibit any licenses to be issued under that 

9 Act, for exports to, or imports from, any country described 

10 in the report, unless the President certifies to the appro11 priate congressional committees that such country— 

12 (1)(A) has fully investigated or is fully inves13 tigating the activities of any person or entity within 

14 its territory that has participated in the nuclear pro15 liferation network described in section 1332(a)(1)(A) 

16 or the activities described in section 1332(a)(1)(B); 

17 and 

18 (B) has taken or is taking effective steps to 

19 permanently halt similar illicit nuclear proliferation 

20 activities; 

21 (2) has been or is fully cooperating with the 

22 United States and other appropriate international 

23 organizations in investigating and eliminating the 

24 nuclear proliferation network, any successor net25 works operating within its territory, or other illicit 

26 nuclear proliferation activities; and 


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1 (3) has enacted or is enacting new laws, pro2 mulgated decrees or regulations, or established prac3 tices designed to prevent future such activities from 

4 occurring within its territory. 

5 (b) WAIVER.—The President may waive the require6 ments of subsection (a) in a fiscal year if— 

7 (1) the President has certified to the appro8 priate congressional committees that the waiver is 

9 important to the national security of the United 

10 States; and 

11 (2) at least 5 days have elapsed since making 

12 the certification under paragraph (1). 

13 TITLE XIV—9/11 COMMISSION 

14 INTERNATIONAL IMPLEMEN15 TATION 

16 SEC. 1401. SHORT TITLE; TABLE OF CONTENTS. 

17 This title may be cited as the ‘‘9/11 Commission 

18 International Implementation Act of 2007’’. 

19 Subtitle A—Quality Educational 

20 Opportunities in Arab and Pre21 dominantly Muslim Countries. 

22 SEC. 1411. FINDINGS; POLICY. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 


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1 (1) The report of the National Commission on 

2 Terrorist Attacks Upon the United States stated 

3 that ‘‘[e]ducation that teaches tolerance, the dignity 

4 and value of each individual, and respect for dif5 ferent beliefs is a key element in any global strategy 

6 to eliminate Islamic terrorism’’. 

7 (2) The report of the National Commission on 

8 Terrorist Attacks Upon the United States concluded 

9 that ensuring educational opportunity is essential to 

10 the efforts of the United States to defeat global ter11 rorism and recommended that the United States 

12 Government ‘‘should offer to join with other nations 

13 in generously supporting [spending funds] ... directly 

14 on building and operating primary and secondary 

15 schools in those Muslim states that commit to sen16 sibly investing financial resources in public edu17 cation’’. 

18 (3) While Congress endorsed such a program in 

19 the Intelligence Reform and Terrorism Prevention 

20 Act of 2004 (Public Law 108–458), such a program 

21 has not been established. 

22 (b) POLICY.—It is the policy of the United States— 

23 (1) to work toward the goal of dramatically in24 creasing the availability of modern basic education 

25 through public schools in Arab and predominantly 


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1 Muslim countries, which will reduce the influence of 

2 radical madrassas and other institutions that pro3 mote religious extremism; 

4 (2) to join with other countries in generously 

5 supporting the International Arab and Muslim 

6 Youth Opportunity Fund authorized under section 

7 7114 of the Intelligence Reform and Terrorism Pre8 vention Act of 2004, as amended by section 1412 of 

9 this Act, with the goal of building and operating 

10 public primary and secondary schools in Arab and 

11 predominantly Muslim countries that commit to sen12 sibly investing the resources of such countries in 

13 modern public education; 

14 (3) to offer additional incentives to increase the 

15 availability of modern basic education in Arab and 

16 predominantly Muslim countries; and 

17 (4) to work to prevent financing of educational 

18 institutions that support radical Islamic fundamen19 talism. 

20 SEC. 1412. INTERNATIONAL ARAB AND MUSLIM YOUTH OP21 PORTUNITY FUND. 

22 Section 7114 of the Intelligence Reform and Ter23 rorism Prevention Act of 2004 (22 U.S.C. 2228) is 

24 amended to read as follows: 


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1 ‘‘SEC. 7114. INTERNATIONAL ARAB AND MUSLIM YOUTH OP2 PORTUNITY FUND. 

3 ‘‘(a) FINDINGS.—Congress finds the following: 

4 ‘‘(1) The United Nation’s 2003 Arab Human 

5 Development Report states that the quantitative ex6 pansion of Arab education remains incomplete. The 

7 report asserts that high rates of illiteracy, especially 

8 among women, persist. Children continue to be de9 nied their basic right to elementary education. High10 er education is characterized by decreasing enroll11 ment rates compared to developed countries, and 

12 public expenditures on education has declined since 

13 1985. 

14 ‘‘(2) The UN report cities the decline in quality 

15 as the most significant challenge in the educational 

16 arena in Arab countries. 

17 ‘‘(3) Researchers argue that curricula taught in 

18 Arab countries seem to encourage submission, obedi19 ence, subordination, and compliance, rather than 

20 free critical thinking. 

21 ‘‘(4) Despite major efforts to improve pre22 school education in some Arab countries, the quality 

23 of education provided in kindergartens in the region 

24 does not fulfill the requirements for advancing and 

25 developing children’s capabilities in order to help so26 cialize a creative and innovative generation. 


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1 ‘‘(5) Many factors in Arab countries adversely 

2 affect teachers’ capabilities, such as low salaries 

3 (which force educators in to take on other jobs that 

4 consume their energy and decrease the time they can 

5 devote to caring for their students), lack of facilities, 

6 poorly designed curricula, indifferent quality of 

7 teacher training, and overcrowded classes. 

8 ‘‘(6) Educational attainments in Arab and non9 Arab Muslim countries—from literacy rates to math10 ematical and science achievements—are well below 

11 global standards. 

12 ‘‘(7) It is estimated that there are 65,000,000 

13 illiterate adult Arabs, and two-thirds of them are 

14 women. 

15 ‘‘(8) Educational enrollment for Arab countries 

16 rose from 31,000,000 children in 1980 to approxi17 mately 56,000,000 children in 1995. Yet despite this 

18 increase, 10,000,000 children between the ages of 6 

19 and 15 are currently not in school. 

20 ‘‘(9) In the Middle East, roughly 10,000,000 

21 children still do not go to school. 

22 ‘‘(10) Even though women’s access to education 

23 has tripled in Arab countries since 1970, gender dis24 parities still persist. Illiteracy in Arab countries af25 fects women disproportionately. Women make up 


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1 two-thirds of illiterate adults, with most living in 

2 rural areas. 

3 ‘‘(11) The publication of books and other read4 ing materials in Arab countries faces many major 

5 challenges, including the small number of readers 

6 due to high rates of illiteracy in some such countries 

7 and the weak purchasing power of the Arab reader. 

8 The limited readership in Arab countries is reflected 

9 in the small number of books published in such 

10 countries, which does not exceed 1.1 percent of 

11 world production, although Arabs constitute five per12 cent of the world population. 

13 ‘‘(12) The nexus between health and education 

14 in Arab countries is very strong. Gains in women’s 

15 education accounted for an estimated 43 percent re16 duction in child malnutrition between 1970 and 

17 1995. Educated mothers are more likely to better 

18 space births, to have adequate prenatal care, and to 

19 immunize their children. 

20 ‘‘(13) Many educational systems in Arab and 

21 non-Arab Muslim countries widen the gap between 

22 rich and poor: while rich students attend excellent 

23 private schools, poor children receive grossly inad24 equate schooling. 


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1 ‘‘(b) PURPOSE.—The purpose of this section is to 

2 strengthen the public educational systems in Arab and 

3 predominantly Muslim countries by— 

4 ‘‘(1) authorizing the establishment of an Inter5 national Arab and Muslim Youth Educational Fund 

6 through which the United States dedicates re7 sources, either through a separate fund or through 

8 an international organization, to assist those coun9 tries that commit to education reform; and 

10 ‘‘(2) providing resources for the Fund to help 

11 strengthen the public educational systems in those 

12 countries. 

13 ‘‘(c) ESTABLISHMENT OF FUND.— 

14 ‘‘(1) AUTHORITY.—The President is authorized 

15 to establish an International Arab and Muslim 

16 Youth Opportunity Fund. 

17 ‘‘(2) LOCATION.—The Fund may be estab18 lished— 

19 ‘‘(A) as a separate fund in the Treasury; 

20 or 

21 ‘‘(B) through an international organization 

22 or international financial institution, such as 

23 the United Nations Educational, Science and 

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1 velopment Program, or the International Bank 

2 for Reconstruction and Development. 

3 ‘‘(3) TRANSFERS AND RECEIPTS.—The head of 

4 any department, agency, or instrumentality of the 

5 United States Government may transfer any amount 

6 to the Fund, and the Fund may receive funds from 

7 private enterprises, foreign countries, or other enti8 ties. 

9 ‘‘(4) ACTIVITIES OF THE FUND.—The Fund 

10 shall support programs described in this paragraph 

11 to improve the education environment in Arab and 

12 predominantly Muslim countries. 

13 ‘‘(A) ASSISTANCE TO ENHANCE MODERN

14 EDUCATIONAL PROGRAMS.— 

15 ‘‘(i) The establishment in Arab and 

16 predominantly Muslim countries of a pro17 gram of reform to create a modern edu18 cation curriculum in the public educational 

19 systems in such countries. 

20 ‘‘(ii) The establishment or moderniza21 tion of educational materials to advance a 

22 modern educational curriculum in such 

23 systems. 

24 ‘‘(iii) Teaching English to adults and 

25 children. 


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1 ‘‘(iv) The establishment in Arab and 

2 predominantly Muslim countries of pro3 grams that enhance accountability, trans4 parency, and interaction on education pol5 icy in such countries between the national 

6 government and the regional and local gov7 ernments through improved information 

8 sharing and monitoring. 

9 ‘‘(v) The establishment in Arab and 

10 predominantly Muslim countries of pro11 grams to assist in the formulation of ad12 ministration and planning strategies for all 

13 levels of government in such countries, in14 cluding national, regional, and local gov15 ernments. 

16 ‘‘(vi) The enhancement in Arab and 

17 predominantly Muslim countries of com18 munity, family, and student participation 

19 in the formulation and implementation of 

20 education strategies and programs in such 

21 countries. 

22 ‘‘(B) ASSISTANCE FOR TRAINING AND EX23 CHANGE PROGRAMS FOR TEACHERS, ADMINIS24 TRATORS, AND STUDENTS.— 


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1 ‘‘(i) The establishment of training 

2 programs for teachers and educational ad3 ministrators to enhance skills, including 

4 the establishment of regional centers to 

5 train individuals who can transfer such 

6 skills upon return to their countries. 

7 ‘‘(ii) The establishment of exchange 

8 programs for teachers and administrators 

9 in Arab and predominantly Muslim coun10 tries and with other countries to stimulate 

11 additional ideas and reform throughout the 

12 world, including teacher training exchange 

13 programs focused on primary school teach14 ers in such countries. 

15 ‘‘(iii) The establishment of exchange 

16 programs for primary and secondary stu17 dents in Muslim and Arab countries and 

18 with other countries to foster under19 standing and tolerance and to stimulate 

20 long-standing relationships. 

21 ‘‘(C) ASSISTANCE TARGETING PRIMARY

22 AND SECONDARY STUDENTS.— 

23 ‘‘(i) The establishment in Arab and 

24 predominantly Muslim countries of after25 school programs, civic education programs, 


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1 and education programs focusing on life 

2 skills, such as inter-personal skills and so3 cial relations and skills for healthy living, 

4 such as nutrition and physical fitness. 

5 ‘‘(ii) The establishment in Arab and 

6 predominantly Muslim countries of pro7 grams to improve the proficiency of pri8 mary and secondary students in informa9 tion technology skills. 

10 ‘‘(D) ASSISTANCE FOR DEVELOPMENT OF

11 YOUTH PROFESSIONALS.— 

12 ‘‘(i) The establishment of programs in 

13 Arab and predominantly Muslim countries 

14 to improve vocational training in trades to 

15 help strengthen participation of Muslims 

16 and Arabs in the economic development of 

17 their countries. 

18 ‘‘(ii) The establishment of programs 

19 in Arab and predominantly Muslim coun20 tries that target older Muslim and Arab 

21 youths not in school in such areas as en22 trepreneurial skills, accounting, micro-fi23 nance activities, work training, financial 

24 literacy, and information technology. 

25 ‘‘(E) OTHER TYPES OF ASSISTANCE.— 


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1 ‘‘(i) The translation of foreign books, 

2 newspapers, reference guides, and other 

3 reading materials into local languages. 

4 ‘‘(ii) The construction and equipping 

5 of modern community and university li6 braries. 

7 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(A) IN GENERAL.—There is authorized to 

9 be appropriated to the President to carry out 

10 this section such sums as may be necessary for 

11 fiscal years 2008, 2009, and 2010. 

12 ‘‘(B) AVAILABILITY.—Amounts appro13 priated pursuant to the authorization of appro14 priations under subsection (a) are authorized to 

15 remain available until expended. 

16 ‘‘(C) ADDITIONAL FUNDS.—Amounts au17 thorized to be appropriated under subsection 

18 (a) shall be in addition to amounts otherwise 

19 available for such purposes. 

20 ‘‘(6) REPORT TO CONGRESS.—Not later than 

21 180 days after the date of the enactment of this sec22 tion and annually thereafter, the President shall 

23 submit to the appropriate congressional committees 

24 a report on United States efforts to assist in the im25 provement of educational opportunities for Arab and 


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1 predominantly Muslim children and youths, includ2 ing the progress made toward establishing the Inter3 national Arab and Muslim Youth Opportunity Fund. 

4 ‘‘(7) APPROPRIATE CONGRESSIONAL COMMIT5 TEES DEFINED.—In this subsection, the term ‘ap6 propriate congressional committees’ means the Com7 mittee on Foreign Affairs and the Committee on Ap8 propriations of the House of Representatives and the 

9 Committee on Foreign Relations and the Committee 

10 on Appropriations of the Senate.’’. 

11 SEC. 1413. ANNUAL REPORT TO CONGRESS. 

12 (a) IN GENERAL.—Not later than June 1 of each 

13 year, the Secretary of State shall submit to the appro14 priate congressional committees a report on the efforts of 

15 Arab and predominantly Muslim countries to increase the 

16 availability of modern basic education and to close edu17 cational institutions that promote religious extremism and 

18 terrorism. 

19 (b) CONTENTS.—Each report shall include— 

20 (1) a list of Arab and predominantly Muslim 

21 countries that are making serious and sustained ef22 forts to improve the availability of modern basic edu23 cation and to close educational institutions that pro24 mote religious extremism and terrorism; 


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1 (2) a list of such countries that are making ef2 forts to improve the availability of modern basic edu3 cation and to close educational institutions that pro4 mote religious extremism and terrorism, but such ef5 forts are not serious and sustained; 

6 (3) a list of such countries that are not making 

7 efforts to improve the availability of modern basic 

8 education and to close educational institutions that 

9 promote religious extremism and terrorism; and 

10 (4) an assessment for each country specified in 

11 each of paragraphs (1), (2), and (3) of the role of 

12 United States assistance with respect to the efforts 

13 made or not made to improve the availability of 

14 modern basic education and close educational insti15 tutions that promote religious extremism and ter16 rorism. 

17 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE18 FINED.—In this section, the term ‘‘appropriate congres19 sional committees’’ means the Committee on Foreign Af20 fairs and the Committee on Appropriations of the House 

21 of Representatives and the Committee on Foreign Rela22 tions and the Committee on Appropriations of the Senate. 


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1 SEC. 1414. EXTENSION OF PROGRAM TO PROVIDE GRANTS 

2 TO AMERICAN-SPONSORED SCHOOLS IN 

3 ARAB AND PREDOMINANTLY MUSLIM COUN4 TRIES TO PROVIDE SCHOLARSHIPS. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) Section 7113 of the Intelligence Reform and 

7 Terrorism Prevention Act of 2004 (Pub. Law 108– 

8 458) authorized the establishment of a pilot pro9 gram to provide grants to American-sponsored 

10 schools in Arab and predominantly Muslim countries 

11 so that such schools could provide scholarships to 

12 young people from lower-income and middle-income 

13 families in such countries to attend such schools, 

14 where they could improve their English and be ex15 posed to a modern education. 

16 (2) Since the date of the enactment of that sec17 tion, the Middle East Partnership Initiative has pur18 sued implementation of that program. 

19 (b) EXTENSION OF PROGRAM.— 

20 (1) IN GENERAL.—Section 7113 of the Intel21 ligence Reform and Terrorism Prevention Act of 

22 2004 is amended— 

23 (A) in the section heading— 

24 (i) by striking ‘‘PILOT’’; and 

25 (ii) by inserting ‘‘ARAB AND’’ before 

26 ‘‘PREDOMINANTLY MUSLIM’’; 


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1 (B) in subsection (a)(2), by inserting 

2 ‘‘Arab and’’ before ‘‘predominantly Muslim’’; 

3 (C) in subsection (b), in the matter pre4 ceding paragraph (1), by inserting ‘‘Arab and’’ 

5 before ‘‘predominantly Muslim’’; 

6 (D) in subsection (c)— 

7 (i) in the subsection heading, by strik8 ing ‘‘PILOT’’; 

9 (ii) by striking ‘‘pilot’’; and 

10 (iii) by striking ‘‘countries with pre11 dominantly Muslim populations’’ and in12 serting ‘‘Arab and predominantly Muslim 

13 countries’’; 

14 (E) in subsection (d), by striking ‘‘pilot’’ 

15 each place it appears; 

16 (F) in subsection (f)— 

17 (i) by striking ‘‘pilot’’; and 

18 (ii) by inserting ‘‘an Arab or’’ before 

19 ‘‘a predominantly Muslim country’’; 

20 (G) in subsection (g), in the first sen21 tence— 

22 (i) by inserting ‘‘and April 15, 2008,’’ 

23 after ‘‘April 15, 2006,’’; and 

24 (ii) by striking ‘‘pilot’’; and 

25 (H) in subsection (h)— 


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1 (i) by striking ‘‘2005 and 2006’’ in2 serting ‘‘2007 and 2008’’ ; and 

3 (ii) by striking ‘‘pilot’’. 

4 (2) CONFORMING AMENDMENT.—Section 1(b) 

5 of such Act is amended, in the table of contents, by 

6 striking the item relating to section 7113 and insert7 ing after section 7112 the following new item: 

‘‘7113. Program to provide grants to American-sponsored schools in Arab and 

predominantly Muslim countries to provide scholarships.’’. 

8 Subtitle B—Democracy and Devel9 opment in Arab and Predomi10 nantly Muslim Countries 

11 SEC. 1421. PROMOTING DEMOCRACY AND DEVELOPMENT 

12 IN THE MIDDLE EAST, CENTRAL ASIA, SOUTH 

13 ASIA, AND SOUTHEAST ASIA. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) Al-Qaeda and affiliated groups have estab16 lished a terrorist network with linkages throughout 

17 the Middle East, Central Asia, South Asia, and 

18 Southeast Asia. 

19 (2) While political repression and lack of eco20 nomic development do not justify terrorism, in21 creased political freedoms, poverty reduction, and 

22 broad-based economic growth can contribute to an 

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1 tions that facilitate the rise of terrorist organiza2 tions. 

3 (3) It is in the national security interests of the 

4 United States to promote democracy, the rule of law, 

5 good governance, sustainable development, a vig6 orous civil society, political freedom, protection of 

7 minorities, independent media, women’s rights, pri8 vate sector growth, and open economic systems in 

9 the countries of the Middle East, Central Asia, 

10 South Asia, and Southeast Asia. 

11 (b) POLICY.—It is the policy of the United States 

12 to— 

13 (1) promote over the long-term, seizing oppor14 tunities whenever possible in the short term, democ15 racy, the rule of law, good governance, sustainable 

16 development, a vigorous civil society, political free17 dom, protection of minorities, independent media, 

18 women’s rights, private sector growth, and open eco19 nomic systems in the countries of the Middle East, 

20 Central Asia, South Asia, and Southeast Asia; 

21 (2) provide assistance and resources to individ22 uals and organizations in the countries of the Middle 

23 East, Central Asia, South Asia, and Southeast Asia 

24 that are committed to promoting such objectives and 


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1 to design strategies in conjunction with such individ2 uals and organizations; and 

3 (3) work with other countries and international 

4 organizations to increase the resources devoted to 

5 promoting such objectives. 

6 (c) STRATEGY.—Not later than 180 days after the 

7 date of the enactment of this Act, the Secretary of State 

8 shall submit to appropriate congressional committees a re9 port with a country-by-country five year strategy to pro10 mote the policy of the United States described in sub11 section (b). Such report shall contain an estimate of the 

12 funds necessary to implement such a strategy. 

13 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

14 DEFINED.—In this section, the term ‘‘appropriate con15 gressional committees’’ means the Committee on Foreign 

16 Affairs and the Committee on Appropriations of the 

17 House of Representatives and the Committee on Foreign 

18 Relations and the Committee on Appropriations of the 

19 Senate. 

20 SEC. 1422. MIDDLE EAST FOUNDATION. 

21 (a) PURPOSES.—The purposes of this section are to 

22 support, through the provision of grants, technical assist23 ance, training, and other programs, in the countries of the 

24 Middle East, the expansion of— 

25 (1) civil society; 


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1 (2) opportunities for political participation for 

2 all citizens; 

3 (3) protections for internationally recognized 

4 human rights, including the rights of women; 

5 (4) educational system reforms; 

6 (5) independent media; 

7 (6) policies that promote economic opportunities 

8 for citizens; 

9 (7) the rule of law; and 

10 (8) democratic processes of government. 

11 (b) MIDDLE EAST FOUNDATION.— 

12 (1) DESIGNATION.—The Secretary of State is 

13 authorized to designate an appropriate private, non14 profit organization that is organized or incorporated 

15 under the laws of the United States or of a State 

16 as the Middle East Foundation (referred to in this 

17 section as the ‘‘Foundation’’). 

18 (2) FUNDING.— 

19 (A) AUTHORITY.—The Secretary of State 

20 is authorized to provide funding to the Founda21 tion through the Middle East Partnership Ini22 tiative of the Department of State. The Foun23 dation shall use amounts provided under this 

24 paragraph to carry out the purposes specified in 

25 subsection (a), including through making grants 


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1 and providing other assistance to entities to 

2 carry out programs for such purposes. 

3 (B) FUNDING FROM OTHER SOURCES.—In 

4 determining the amount of funding to provide 

5 to the Foundation, the Secretary of State shall 

6 take into consideration the amount of funds 

7 that the Foundation has received from sources 

8 other than the United States Government. 

9 (3) NOTIFICATION TO CONGRESSIONAL COMMIT10 TEES.—The Secretary of State shall notify the Com11 mittee on Foreign Affairs and the Committee on Ap12 propriations of the House of Representatives and the 

13 Committee on Foreign Relations and the Committee 

14 on Appropriations of the Senate prior to designating 

15 an appropriate organization as the Foundation. 

16 (c) GRANTS FOR PROJECTS.— 

17 (1) FOUNDATION TO MAKE GRANTS.—The Sec18 retary of State shall enter into an agreement with 

19 the Foundation that requires the Foundation to use 

20 the funds provided under subsection (b)(2) to make 

21 grants to persons or entities (other than govern22 ments or government entities) located in the Middle 

23 East or working with local partners based in the 

24 Middle East to carry out projects that support the 

25 purposes specified in subsection (a). 


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1 (2) CENTER FOR PUBLIC POLICY.—Under the 

2 agreement described in paragraph (1), the Founda3 tion may make a grant to an institution of higher 

4 education located in the Middle East to create a cen5 ter for public policy for the purpose of permitting 

6 scholars and professionals from the countries of the 

7 Middle East and from other countries, including the 

8 United States, to carry out research, training pro9 grams, and other activities to inform public policy10 making in the Middle East and to promote broad 

11 economic, social, and political reform for the people 

12 of the Middle East. 

13 (3) APPLICATIONS FOR GRANTS.—An entity 

14 seeking a grant from the Foundation under this sec15 tion shall submit an application to the head of the 

16 Foundation at such time, in such manner, and con17 taining such information as the head of the Founda18 tion may reasonably require. 

19 (d) PRIVATE CHARACTER OF THE FOUNDATION.— 

20 Nothing in this section shall be construed to— 

21 (1) make the Foundation an agency or estab22 lishment of the United States Government, or to 

23 make the officers or employees of the Foundation of24 ficers or employees of the United States for purposes 

25 of title 5, United States Code; or 


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1 (2) to impose any restriction on the Founda2 tion’s acceptance of funds from private and public 

3 sources in support of its activities consistent with 

4 the purposes specified in subsection (a). 

5 (e) LIMITATION ON PAYMENTS TO FOUNDATION

6 PERSONNEL.—No part of the funds provided to the Foun7 dation under this section shall inure to the benefit of any 

8 officer or employee of the Foundation, except as salary 

9 or reasonable compensation for services. 

10 (f) RETENTION OF INTEREST.—The Foundation may 

11 hold funds provided under this section in interest-bearing 

12 accounts prior to the disbursement of such funds to carry 

13 out the purposes specified in subsection (a), and, only to 

14 the extent and in the amounts provided for in advance 

15 in appropriations Acts, may retain for use for such pur16 poses any interest earned without returning such interest 

17 to the Treasury of the United States. 

18 (g) FINANCIAL ACCOUNTABILITY.— 

19 (1) INDEPENDENT PRIVATE AUDITS OF THE

20 FOUNDATION.—The accounts of the Foundation 

21 shall be audited annually in accordance with gen22 erally accepted auditing standards by independent 

23 certified public accountants or independent licensed 

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1 sion of the United States. The report of the inde2 pendent audit shall be included in the annual report 

3 required by subsection (h). 

4 (2) GAO AUDITS.—The financial transactions 

5 undertaken pursuant to this section by the Founda6 tion may be audited by the Government Account7 ability Office in accordance with such principles and 

8 procedures and under such rules and regulations as 

9 may be prescribed by the Comptroller General of the 

10 United States. 

11 (3) AUDITS OF GRANT RECIPIENTS- .— 

12 (A) IN GENERAL.—A recipient of a grant 

13 from the Foundation shall agree to permit an 

14 audit of the books and records of such recipient 

15 related to the use of the grant funds. 

16 (B) RECORDKEEPING.—Such recipient 

17 shall maintain appropriate books and records to 

18 facilitate an audit referred to in subparagraph 

19 (A), including— 

20 (i) separate accounts with respect to 

21 the grant funds; 

22 (ii) records that fully disclose the use 

23 of the grant funds; 


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1 (iii) records describing the total cost 

2 of any project carried out using grant 

3 funds; and 

4 (iv) the amount and nature of any 

5 funds received from other sources that 

6 were combined with the grant funds to 

7 carry out a project. 

8 (h) ANNUAL REPORTS.—Not later than January 31, 

9 2008, and annually thereafter, the Foundation shall sub10 mit to the appropriate congressional committees and make 

11 available to the public a report that includes, for the fiscal 

12 year prior to the fiscal year in which the report is sub13 mitted, a comprehensive and detailed description of— 

14 (1) the operations and activities of the Founda15 tion that were carried out using funds provided 

16 under this section; 

17 (2) grants made by the Foundation to other en18 tities with funds provided under this section; 

19 (3) other activities of the Foundation to further 

20 the purposes specified in subsection (a); and 

21 (4) the financial condition of the Foundation. 

22 (i) DEFINITIONS.—In this section: 

23 (1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means the Committee on Foreign Affairs 


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1 and the Committee on Appropriations of the House 

2 of Representatives and the Committee on Foreign 

3 Relations and the Committee on Appropriations of 

4 the Senate. 

5 (2) MIDDLE EAST.—The term ‘‘Middle East’’ 

6 means Algeria, Bahrain, Egypt, Iran, Iraq, Jordan, 

7 Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, 

8 Saudi Arabia, Syria, Tunisia, United Arab Emirates, 

9 West Bank and Gaza, and Yemen. 

10 (j) EXPIRATION OF AUTHORITY.—The authority pro11 vided under this section shall expire on September 30, 

12 2017. 

13 (k) REPEAL.—Section 534(k) of Public Law 109– 

14 102 is repealed. 

15 Subtitle C—Restoring United 

16 States Moral Leadership 

17 SEC. 1431. ADVANCING UNITED STATES INTERESTS 

18 THROUGH PUBLIC DIPLOMACY. 

19 (a) FINDING.—Congress finds that the report of the 

20 National Commission on Terrorist Attacks Upon the 

21 United States stated that, ‘‘Recognizing that Arab and 

22 Muslim audiences rely on satellite television and radio, the 

23 government has begun some promising initiatives in tele24 vision and radio broadcasting to the Arab world, Iran, and 

25 Afghanistan. These efforts are beginning to reach large 


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1 audiences. The Broadcasting Board of Governors has 

2 asked for much larger resources. It should get them.’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) The United States needs to improve its 

6 communication of information and ideas to people in 

7 foreign countries, particularly in countries with sig8 nificant Muslim populations. 

9 (2) Public diplomacy should reaffirm the para10 mount commitment of the United States to demo11 cratic principles, including preserving the civil lib12 erties of all the people of the United States, includ13 ing Muslim-Americans. 

14 (3) A significant expansion of United States 

15 international broadcasting would provide a cost-ef16 fective means of improving communication with 

17 countries with significant Muslim populations by 

18 providing news, information, and analysis, as well as 

19 cultural programming, through both radio and tele20 vision broadcasts. 

21 (c) SPECIAL AUTHORITY FOR SURGE CAPACITY.— 

22 The United States International Broadcasting Act of 1994 

23 (22 U.S.C. 6201 et seq.) is amended by adding at the end 

24 the following new section: 


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1 ‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY. 

2 ‘‘(a) EMERGENCY AUTHORITY.— 

3 ‘‘(1) IN GENERAL.—Whenever the President de4 termines it to be important to the national interests 

5 of the United States and so certifies to the appro6 priate congressional committees, the President, on 

7 such terms and conditions as the President may de8 termine, is authorized to direct any department, 

9 agency, or other governmental entity of the United 

10 States to furnish the Broadcasting Board of Gov11 ernors with the assistance of such department, agen12 cy, or entity based outside the United States as may 

13 be necessary to provide international broadcasting 

14 activities of the United States with a surge capacity 

15 to support United States foreign policy objectives 

16 during a crisis abroad. 

17 ‘‘(2) SUPERSEDES EXISTING LAW.—The au18 thority of paragraph (1) shall supersede any other 

19 provision of law. 

20 ‘‘(3) SURGE CAPACITY DEFINED.—In this sub21 section, the term ‘surge capacity’ means the finan22 cial and technical resources necessary to carry out 

23 broadcasting activities in a geographical area during 

24 a crisis abroad. 

25 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 


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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated to the President such sums as may be 

3 necessary for the President to carry out this section, 

4 except that no such amount may be appropriated 

5 which, when added to amounts previously appro6 priated for such purpose but not yet obligated, 

7 would cause such amounts to exceed $25,000,000. 

8 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap9 propriated pursuant to the authorization of appro10 priations in this subsection are authorized to remain 

11 available until expended. 

12 ‘‘(3) DESIGNATION OF APPROPRIATIONS.— 

13 Amounts appropriated pursuant to the authorization 

14 of appropriations in this subsection may be referred 

15 to as the ‘United States International Broadcasting 

16 Surge Capacity Fund’. 

17 ‘‘(c) REPORT.—The annual report submitted to the 

18 President and Congress by the Broadcasting Board of 

19 Governors under section 305(a)(9) shall provide a detailed 

20 description of any activities carried out under this section. 

21 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS FOR

22 UNITED STATES INTERNATIONAL BROADCASTING ACTIVI23 TIES.— 

24 ‘‘(1) IN GENERAL.—In addition to amounts 

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1 thorized to be appropriated such sums as may be 

2 necessary to carry out United States Government 

3 broadcasting activities under this Act, including 

4 broadcasting capital improvements, the United 

5 States Information and Educational Exchange Act 

6 of 1948 (22 U.S.C. 1431 et seq.), and the Foreign 

7 Affairs Reform and Restructuring Act of 1998 (as 

8 enacted in division G of the Omnibus Consolidated 

9 and Emergency Supplemental Appropriations Act, 

10 1999; Public Law 105–277), and to carry out other 

11 authorities in law consistent with such purposes. 

12 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap13 propriated pursuant to the authorization of appro14 priations in this section are authorized to remain 

15 available until expended.’’. 

16 SEC. 1432. EXPANSION OF UNITED STATES SCHOLARSHIP, 

17 EXCHANGE, AND LIBRARY PROGRAMS IN 

18 ARAB AND PREDOMINANTLY MUSLIM COUN19 TRIES. 

20 (a) REPORT; CERTIFICATION.—Not later than 30 

21 days after the date of the enactment of this Act and every 

22 180 days thereafter, the Secretary of State shall submit 

23 to the appropriate congressional committees a report on 

24 the recommendations of the National Commission on Ter25 rorist Attacks Upon the United States and the policy goals 


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1 described in section 7112 of the Intelligence Reform and 

2 Terrorism Prevention Act of 2004 (Public Law 108–458) 

3 for expanding United States scholarship, exchange, and 

4 library programs in Arab and predominantly Muslim coun5 tries. Such report shall include— 

6 (1) a certification by the Secretary of State 

7 that such recommendations have been implemented 

8 and such policy goals have been achieved; or 

9 (2) if the Secretary of State is unable to make 

10 the certification described in paragraph (1), a de11 scription of— 

12 (A) the steps taken to implement such rec13 ommendations and achieve such policy goals; 

14 (B) when the Secretary of State expects 

15 such recommendations to be implemented and 

16 such policy goals to be achieved; and 

17 (C) any allocation of resources or other ac18 tions by Congress the Secretary of State con19 siders necessary to implement such rec20 ommendations and achieve such policy goals. 

21 (b) TERMINATION OF DUTY TO REPORT.—The duty 

22 to submit a report under subsection (a) shall terminate 

23 when the Secretary of State submits a certification pursu24 ant to paragraph (1) of such subsection. 


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1 (c) GAO REVIEW OF CERTIFICATION.—If the Sec2 retary of State submits a certification pursuant to sub3 section (a)(1), not later than 30 days after the submission 

4 of such certification, the Comptroller General of the 

5 United States shall submit to the appropriate congres6 sional committees a report on whether the recommenda7 tions referred to in subsection (a) have been implemented 

8 and whether the policy goals described in section 7112 of 

9 the Intelligence Reform and Terrorism Prevention Act of 

10 2004 have been achieved. 

11 (d) DEFINITION.—In this section, the term ‘‘appro12 priate congressional committees’’ means— 

13 (1) the Committee on Foreign Affairs and the 

14 Committee on Oversight and Government Reform of 

15 the House of Representatives; and 

16 (2) the Committee on Foreign Relations and 

17 the Committee on Homeland Security and Govern18 mental Affairs of the Senate. 

19 SEC. 1433. UNITED STATES POLICY TOWARD DETAINEES. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) The National Commission on Terrorist At22 tacks Upon the United States (commonly referred to 

23 as the ‘‘9/11 Commission’’) declared that the United 

24 States ‘‘should work with friends to develop mutu25 ally agreed-on principles for the detention and huVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00261 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 mane treatment of captured international terrorists 

2 who are not being held under a particular country’s 

3 criminal laws’’ and recommended that the United 

4 States engage our allies ‘‘to develop a common coali5 tion approach toward the detention and humane 

6 treatment of captured terrorists’’, drawing from 

7 Common Article 3 of the Geneva Conventions. 

8 (2) Congress has passed several provisions of 

9 law that have changed United States standards re10 lating to United States detainees, but such provi11 sions have not been part of a common coalition ap12 proach in this regard. 

13 (3) A number of investigations remain ongoing 

14 by countries who are close United States allies in the 

15 war on terrorism regarding the conduct of officials, 

16 employees, and agents of the United States and of 

17 other countries related to conduct regarding detain18 ees. 

19 (b) REPORT; CERTIFICATION.—Not later than 90 

20 days after the date of the enactment of this Act and every 

21 180 days thereafter, the Secretary of State, in consulta22 tion with the Attorney General and the Secretary of De23 fense, shall submit to the relevant congressional commit24 tees a report on any progress towards implementing the 

25 recommendations of the 9/11 Commission for engaging 


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1 United States allies to develop a common coalition ap2 proach, in compliance with Common Article 3 of the Gene3 va Conventions, toward the detention and humane treat4 ment of individuals detained during Operation Iraqi Free5 dom, Operation Enduring Freedom, or in connection with 

6 United States counterterrorist operations. Such report 

7 shall include— 

8 (1) a certification by the Secretary of State 

9 that such recommendations have been implemented 

10 and such policy goals have been achieved; or 

11 (2) if the Secretary of State is unable to make 

12 the certification described in paragraph (1), a de13 scription of— 

14 (A) the steps taken to implement such rec15 ommendations and achieve such policy goals; 

16 (B) when the Secretary of State expects 

17 such recommendations to be implemented and 

18 such policy goals to be achieved; and 

19 (C) any allocation of resources or other ac20 tions by Congress that the Secretary of State 

21 considers necessary to implement such rec22 ommendations and achieve such policy goals. 

23 (c) TERMINATION OF DUTY TO REPORT.—The duty 

24 to submit a report under subsection (a) shall terminate 


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1 when the Secretary of State submits a certification pursu2 ant to subsection (a)(1). 

3 (d) GAO REVIEW OF CERTIFICATION.—If the Sec4 retary of State submits a certification pursuant to sub5 section (a)(1), not later than 30 days after the submission 

6 of such certification, the Comptroller General shall submit 

7 to the relevant congressional committees a report on 

8 whether the recommendations described in subsection (a) 

9 have been implemented and whether the policy goals de10 scribed in such subsection have been achieved. 

11 (e) DEFINITION.—In this section, the term ‘‘relevant 

12 congressional committees’’ means— 

13 (1) with respect to the House of Representa14 tives, the Committee on Foreign Affairs, the Com15 mittee on Armed Services, the Committee on Over16 sight and Government Reform, the Committee on 

17 the Judiciary, and the Permanent Select Committee 

18 on Intelligence; and 

19 (2) with respect to the Senate, the Committee 

20 on Foreign Relations, the Committee on Armed 

21 Services, the Committee on Homeland Security and 

22 Governmental Affairs, the Committee on the Judici23 ary, and the Select Committee on Intelligence. 


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1 Subtitle D—Strategy for the United 

2 States Relationship With Af3 ghanistan, Pakistan, and Saudi 

4 Arabia 

5 SEC. 1441. AFGHANISTAN. 

6 (a) STATEMENTS OF POLICY.—The following shall be 

7 the policies of the United States: 

8 (1) The United States shall vigorously support 

9 the Government of Afghanistan as it continues on 

10 its path toward a broad-based, pluralistic, multi-eth11 nic, gender-sensitive, and fully representative govern12 ment in Afghanistan and shall maintain its long13 term commitment to the people of Afghanistan by 

14 increased assistance and the continued deployment 

15 of United States troops in Afghanistan as long as 

16 the Government of Afghanistan supports such 

17 United States involvement. 

18 (2) In order to reduce the ability of the Taliban 

19 and Al-Qaeda to finance their operations through 

20 the opium trade, the President shall engage aggres21 sively with the Government of Afghanistan and our 

22 NATO partners, and in consultation with Congress, 

23 to assess the success of the Afghan counternarcotics 

24 strategy in existence as of December 2006 and to 

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1 cotics crisis in Afghanistan, including possible 

2 changes in rules of engagement for NATO and Coa3 lition forces for participation in actions against nar4 cotics trafficking and kingpins. 

5 (b) STATEMENT OF CONGRESS.—Congress strongly 

6 urges that the Afghanistan Freedom Support Act of 2002 

7 be reauthorized and updated to take into account new de8 velopments in Afghanistan and in the region so as to dem9 onstrate the continued support by the United States for 

10 the people and Government of Afghanistan. 

11 (c) EMERGENCY INCREASE IN POLICING OPER12 ATIONS.— 

13 (1) IN GENERAL.—The President shall make 

14 every effort, on an emergency basis, to dramatically 

15 increase the numbers of United States and inter16 national police trainers, mentors, and police per17 sonnel operating in conjunction with Afghanistan 

18 civil security forces and shall increase efforts to as19 sist the Government of Afghanistan in addressing 

20 the corruption crisis that is threatening to under21 mine Afghanistan’s future. 

22 (2) REPORT.—Not later than 180 days after 

23 the date of the enactment of this Act and every six 

24 months thereafter until September 31, 2010, the 

25 President shall submit to the Committee on Foreign 


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1 Affairs and the Committee on Appropriations of the 

2 House of Representatives and the Committee on 

3 Foreign Relations and the Committee on Appropria4 tions of the Senate a report on United States efforts 

5 to fulfill the requirements of this subsection. 

6 (d) EMERGENCY ENERGY ASSISTANCE.— 

7 (1) FINDING.—Congress finds that short-term 

8 shortages of energy may destabilize the Government 

9 of Afghanistan and undermine the ability of Presi10 dent Karzai to carry out critically needed reforms. 

11 (2) AUTHORIZATION OF ASSISTANCE.—The 

12 President is authorized to provide assistance for the 

13 acquisition of emergency energy resources, including 

14 diesel fuel, to secure the delivery of electricity to 

15 Kabul, Afghanistan, and other major Afghan prov16 inces and cities. 

17 (3) AUTHORIZATION OF APPROPRIATIONS.— 

18 There are authorized to be appropriated to the 

19 President to carry out paragraph (2) such sums as 

20 may be necessary for each of fiscal years 2008 and 

21 2009. 

22 SEC. 1442. PAKISTAN. 

23 (a) FINDINGS.—Congress finds the following: 

24 (1) Since September 11, 2001, the Government 

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1 ing the United States remove the Taliban regime in 

2 Afghanistan and combating international terrorism 

3 in the frontier provinces of Pakistan. 

4 (2) There remain a number of critical issues 

5 that threaten to disrupt the relationship between the 

6 United States and Pakistan, undermine inter7 national security, and destabilize Pakistan, includ8 ing— 

9 (A) curbing the proliferation of nuclear 

10 weapons technology; 

11 (B) combating poverty and corruption; 

12 (C) building effective government institu13 tions, especially secular public schools; 

14 (D) promoting democracy and the rule of 

15 law, particularly at the national level; 

16 (E) addressing the continued presence of 

17 Taliban and other violent extremist forces 

18 throughout the country; 

19 (F) maintaining the authority of the Gov20 ernment of Pakistan in all parts of its national 

21 territory; 

22 (G) securing the borders of Pakistan to 

23 prevent the movement of militants and terror24 ists into other countries and territories; and 


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1 (H) effectively dealing with Islamic extre2 mism. 

3 (b) STATEMENTS OF POLICY.—The following shall be 

4 the policies of the United States: 

5 (1) To work with the Government of Pakistan 

6 to combat international terrorism, especially in the 

7 frontier provinces of Pakistan, and to end the use of 

8 Pakistan as a safe haven for forces associated with 

9 the Taliban. 

10 (2) To establish a long-term strategic partner11 ship with the Government of Pakistan to address the 

12 issues described in subparagraphs (A) through (H) 

13 of subsection (a)(2). 

14 (3) To dramatically increase funding for pro15 grams of the United States Agency for International 

16 Development and the Department of State that as17 sist the Government of Pakistan in addressing such 

18 issues, if the Government of Pakistan demonstrates 

19 a commitment to building a moderate, democratic 

20 state, including significant steps towards free and 

21 fair parliamentary elections in 2007. 

22 (4) To work with the international community 

23 to secure additional financial and political support to 

24 effectively implement the policies set forth in this 

25 subsection and help to resolve the dispute between 


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1 the Government of Pakistan and the Government of 

2 India over the disputed territory of Kashmir. 

3 (c) STRATEGY RELATING TO PAKISTAN.— 

4 (1) REQUIREMENT FOR REPORT ON STRAT5 EGY.—Not later than 90 days after the date of the 

6 enactment of this Act, the President shall submit to 

7 the appropriate congressional committees a report, 

8 in classified form if necessary, that describes the 

9 long-term strategy of the United States to engage 

10 with the Government of Pakistan to address the 

11 issues described in subparagraphs (A) through (F) 

12 of subsection (a)(2) and carry out the policies de13 scribed in subsection (b) in order accomplish the 

14 goal of building a moderate, democratic Pakistan. 

15 (2) APPROPRIATE CONGRESSIONAL COMMIT16 TEES DEFINED.—In this subsection the term ‘‘ap17 propriate congressional committees’’ means the 

18 Committee on Foreign Affairs and the Committee on 

19 Appropriations of the House of Representatives and 

20 the Committee on Foreign Relations and the Com21 mittee on Appropriations of the Senate. 

22 (d) LIMITATION ON UNITED STATES SECURITY AS23 SISTANCE TO PAKISTAN.— 

24 (1) LIMITATION.— 


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1 (A) IN GENERAL.—For fiscal years 2008 

2 and 2009, United States assistance under chap3 ter 2 of part II of the Foreign Assistance Act 

4 of 1961 (22 U.S.C. 2311 et seq.) or section 23 

5 of the Arms Export Control Act (22 U.S.C. 

6 2763) may not be provided to, and a license for 

7 any item controlled under the Arms Export 

8 Control Act (22 U.S.C. 2751 et seq.) may not 

9 be approved for, Pakistan until 15 days after 

10 the date on which President determines and 

11 certifies to the appropriate congressional com12 mittees that the Government of Pakistan is 

13 making all possible efforts to prevent the 

14 Taliban from operating in areas under its sov15 ereign control, including in the cities of Quetta 

16 and Chaman and in the Northwest Frontier 

17 Province and the Federally Administered Tribal 

18 Areas. 

19 (B) FORM.—The certification required by 

20 subparagraph (A) shall be transmitted in un21 classified form, but may contain a classified 

22 annex. 

23 (2) WAIVER.—The President may waive the 

24 limitation on assistance under paragraph (1) for a 

25 fiscal year if the President determines and certifies 


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1 to the appropriate congressional committees that it 

2 is important to the national security interest of the 

3 United States to do so. 

4 (3) SUNSET.—The limitation on assistance 

5 under paragraph (1) shall cease to be effective be6 ginning on the date on which the President deter7 mines and certifies to the appropriate congressional 

8 committees that the Taliban, or any related suc9 cessor organization, has ceased to exist as an organi10 zation capable of conducting military, insurgent, or 

11 terrorist activities in Afghanistan from Pakistan. 

12 (4) APPROPRIATE CONGRESSIONAL COMMIT13 TEES DEFINED.—In this subsection, the term ‘‘ap14 propriate congressional committees’’ means the 

15 Committee on Foreign Affairs and the Committee on 

16 Appropriations of the House of Representatives and 

17 the Committee on Foreign Relations and the Com18 mittee on Appropriations of the Senate. 

19 (e) NUCLEAR PROLIFERATION.— 

20 (1) FINDING.—Congress finds that Pakistan’s 

21 maintenance of a network for the proliferation of 

22 nuclear and missile technologies would be incon23 sistent with Pakistan being considered an ally of the 

24 United States. 


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1 (2) SENSE OF CONGRESS.—It is the sense of 

2 Congress that the national security interest of the 

3 United States will best be served if the United 

4 States develops and implements a long-term strategy 

5 to improve the United States relationship with Paki6 stan and works with the Government of Pakistan to 

7 stop nuclear proliferation. 

8 (f) AUTHORIZATION OF APPROPRIATIONS.— 

9 (1) IN GENERAL.—There are authorized to be 

10 appropriated to the President for providing assist11 ance for Pakistan for fiscal year 2008— 

12 (A) for ‘‘Development Assistance’’, such 

13 sums as may be necessary to carry out the pro14 visions of sections 103, 105, and 106 of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 

16 2151a, 2151c, and 2151d,); 

17 (B) for the ‘‘Child Survival and Health 

18 Programs Fund’’, such sums as may be nec19 essary to carry out the provisions of sections 

20 104 of the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2151b); 

22 (C) for the ‘‘Economic Support Fund’’, 

23 such sums as may be necessary to carry out the 

24 provisions of chapter 4 of part II of the Foreign 


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1 Assistance Act of 1961 (22 U.S.C. 2346 et 

2 seq.); 

3 (D) for ‘‘International Narcotics Control 

4 and Law Enforcement’’, such sums as may be 

5 necessary to carry out the provisions of chapter 

6 8 of part I of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2291 et seq.); 

8 (E) for ‘‘Nonproliferation, Anti-Terrorism, 

9 Demining and Related Programs’’, such sums 

10 as may be necessary; 

11 (F) for ‘‘International Military Education 

12 and Training’’, such sums as may be necessary 

13 to carry out the provisions of chapter 5 of part 

14 II of the Foreign Assistance Act of 1961 (22 

15 U.S.C. 2347 et seq.); and 

16 (G) for ‘‘Foreign Military Financing Pro17 gram’’, such sums as may be necessary to carry 

18 out the provisions of section 23 of the Arms 

19 Export Control Act (22 U.S.C. 2763). 

20 (2) OTHER FUNDS.—Amounts authorized to be 

21 appropriated under this subsection are in addition to 

22 amounts otherwise available for such purposes. 

23 (g) EXTENSION OF WAIVERS.— 

24 (1) AMENDMENTS.—The Act entitled ‘‘An Act 

25 to authorize the President to exercise waivers of forVerDate Aug 31 2005 00:41 Jan 10, 2007 Jkt 059200 PO 00000 Frm 00274 Fmt 6652 Sfmt 6201 E:\BILLS\H1.RFS H1

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1 eign assistance restrictions with respect to Pakistan 

2 through September 30, 2003, and for other pur3 poses’’, approved October 27, 2001 (Public Law 

4 107–57; 115 Stat. 403), is amended— 

5 (A) in section 1(b)— 

6 (i) in the heading, to read as follows: 

7 ‘‘(b) FISCAL YEARS 2007 AND 2008.—’’; and 

8 (ii) in paragraph (1), by striking ‘‘any 

9 provision’’ and all that follows through 

10 ‘‘that prohibits’’ and inserting ‘‘any provi11 sion of the foreign operations, export fi12 nancing, and related programs appropria13 tions Act for fiscal year 2007 or 2008 (or 

14 any other appropriations Act) that pro15 hibits’’; 

16 (B) in section 3(2), by striking ‘‘Such pro17 vision’’ and all that follows through ‘‘as are’’ 

18 and inserting ‘‘Such provision of the annual 

19 foreign operations, export financing, and related 

20 programs appropriations Act for fiscal years 

21 2002 through 2008 (or any other appropria22 tions Act) as are’’; and 

23 (C) in section 6, by striking ‘‘the provi24 sions’’ and all that follows and inserting ‘‘the 


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1 provisions of this Act shall terminate on Octo2 ber 1, 2008.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by paragraph (1) take effect on October 1, 2006. 

5 (3) SENSE OF CONGRESS.—It is the sense of 

6 Congress that determinations to provide extensions 

7 of waivers of foreign assistance prohibitions with re8 spect to Pakistan pursuant to Public Law 107–57 

9 for fiscal years after the fiscal years specified in the 

10 amendments made by paragraph (1) to Public Law 

11 107–57 should be informed by the pace of demo12 cratic reform, extension of the rule of law, and the 

13 conduct of the parliamentary elections currently 

14 scheduled for 2007 in Pakistan. 

15 SEC. 1443. SAUDI ARABIA. 

16 (a) FINDINGS.—Congress finds the following: 

17 (1) The Kingdom of Saudi Arabia has an un18 even record in the fight against terrorism, especially 

19 with respect to terrorist financing, support for rad20 ical madrassas, and a lack of political outlets for its 

21 citizens, that poses a threat to the security of the 

22 United States, the international community, and the 

23 Kingdom of Saudi Arabia itself. 

24 (2) The United States has a national security 

25 interest in working with the Government of Saudi 


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1 Arabia to combat international terrorists who oper2 ate within Saudi Arabia or who operate outside 

3 Saudi Arabia with the support of citizens of Saudi 

4 Arabia. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that, in order to more effectively combat terrorism, 

7 the Government of Saudi Arabia must undertake and con8 tinue a number of political and economic reforms, includ9 ing increasing anti-terrorism operations conducted by law 

10 enforcement agencies, providing more political rights to its 

11 citizens, increasing the rights of women, engaging in com12 prehensive educational reform, enhancing monitoring of 

13 charitable organizations, promulgating and enforcing do14 mestic laws, and regulation on terrorist financing. 

15 (c) STATEMENTS OF POLICY.—The following shall be 

16 the policies of the United States: 

17 (1) To engage with the Government of Saudi 

18 Arabia to openly confront the issue of terrorism, as 

19 well as other problematic issues, such as the lack of 

20 political freedoms, with the goal of restructuring the 

21 relationship on terms that leaders of both countries 

22 can publicly support. 

23 (2) To enhance counterterrorism cooperation 

24 with the Government of Saudi Arabia, if the political 


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1 leaders of such government are committed to making 

2 a serious, sustained effort to combat terrorism. 

3 (3) To support the efforts of the Government of 

4 Saudi Arabia to make political, economic, and social 

5 reforms throughout the country. 

6 (d) STRATEGY RELATING TO SAUDI ARABIA.— 

7 (1) REQUIREMENT FOR REPORT ON STRAT8 EGY.—Not later than 90 days after the date of the 

9 enactment of this Act, the President shall submit to 

10 the appropriate congressional committees a report, 

11 in classified form if necessary, that describes the 

12 progress on the Strategic Dialogue (established by 

13 President George W. Bush and Crown Prince (now 

14 King) Abdullah in April 2005) between the United 

15 States and Saudi Arabia, including the progress 

16 made in such Dialogue toward implementing the 

17 long-term strategy of the United States to— 

18 (A) engage with the Government of Saudi 

19 Arabia to facilitate political, economic, and so20 cial reforms that will enhance the ability of the 

21 Government of Saudi Arabia to combat inter22 national terrorism; and 

23 (B) work with the Government of Saudi 

24 Arabia to combat terrorism, including through 


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1 effective prevention of the financing of ter2 rorism by Saudi institutions and citizens. 

3 (2) APPROPRIATE CONGRESSIONAL COMMIT4 TEES DEFINED.—In this subsection the term ‘‘ap5 propriate congressional committees’’ means the 

6 Committee on Foreign Affairs and the Committee on 

7 Appropriations of the House of Representatives and 

8 the Committee on Foreign Relations and the Com9 mittee on Appropriations of the Senate. 

Passed the House of Representatives January 9, 

2007. 

Attest: KAREN L. HAAS, 

Clerk. 


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