H. R. 1 

One Hundred Tenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Thursday, 

the fourth day of January, two thousand and seven 

An Act 

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

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

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

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

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—HOMELAND SECURITY GRANTS 

Sec. 101. Homeland Security Grant Program. 

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

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

2006. 

Sec. 104. Technical and conforming amendments. 

TITLE II—EMERGENCY MANAGEMENT PERFORMANCE GRANTS 

Sec. 201. Emergency management performance grant program. 

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

TITLE III—ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 

RESPONDERS 

Sec. 301. Interoperable emergency communications grant program. 

Sec. 302. Border interoperability demonstration project. 

TITLE IV—STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM 

Sec. 401. Definitions. 

Sec. 402. National exercise program design. 

Sec. 403. National exercise program model exercises. 

Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen 

incident command; private sector preparedness. 

Sec. 405. Federal response capability inventory. 

Sec. 406. Reporting requirements. 

Sec. 407. Federal preparedness. 

Sec. 408. Credentialing and typing. 

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

Sec. 410. Authorization of appropriations. 

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

GOVERNMENTS 

Subtitle A—Homeland Security Information Sharing Enhancement 

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

Sec. 502. Intelligence Component Defined. 

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

Sec. 504. Information sharing. 
H. R. 1—2 

Subtitle B—Homeland Security Information Sharing Partnerships 

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

Sec. 512. Homeland Security Information Sharing Fellows Program. 

Sec. 513. Rural Policing Institute. 

Subtitle C—Interagency Threat Assessment and Coordination Group 

Sec. 521. Interagency Threat Assessment and Coordination Group. 

Subtitle D—Homeland Security Intelligence Offices Reorganization 

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

Subtitle E—Authorization of Appropriations 

Sec. 541. Authorization of appropriations. 

TITLE VI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE 

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

Sec. 602. Public Interest Declassification Board. 

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

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

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

TITLE VII—STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL 

Subtitle A—Terrorist Travel 

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

global document security, and exchange terrorist information. 

Subtitle B—Visa Waiver 

Sec. 711. Modernization of the visa waiver program. 

Subtitle C—Strengthening Terrorism Prevention Programs 

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

Center. 

Sec. 722. Enhancements to the terrorist travel program. 

Sec. 723. Enhanced driver’s license. 

Sec. 724. Western Hemisphere Travel Initiative. 

Sec. 725. Model ports-of-entry. 

Subtitle D—Miscellaneous Provisions 

Sec. 731. Report regarding border security. 

TITLE VIII—PRIVACY AND CIVIL LIBERTIES 

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

Sec. 802. Department Privacy Officer. 

Sec. 803. Privacy and civil liberties officers. 

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

TITLE IX—PRIVATE SECTOR PREPAREDNESS 

Sec. 901. Private sector preparedness. 

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

TITLE X—IMPROVING CRITICAL INFRASTRUCTURE SECURITY 

Sec. 1001. National Asset Database. 

Sec. 1002. Risk assessments and report. 

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

TITLE XI—ENHANCED DEFENSES AGAINST WEAPONS OF MASS 

DESTRUCTION 

Sec. 1101. National Biosurveillance Integration Center. 

Sec. 1102. Biosurveillance efforts. 

Sec. 1103. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction. 
H. R. 1—3 

Sec. 1104. Integration of detection equipment and technologies. 

TITLE XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION 

SHARING 

Sec. 1201. Definitions. 

Sec. 1202. Transportation security strategic planning. 

Sec. 1203. Transportation security information sharing. 

Sec. 1204. National domestic preparedness consortium. 

Sec. 1205. National transportation security center of excellence. 

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

TITLE XIII—TRANSPORTATION SECURITY ENHANCEMENTS 

Sec. 1301. Definitions. 

Sec. 1302. Enforcement authority. 

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

Sec. 1304. Surface transportation security inspectors. 

Sec. 1305. Surface transportation security technology information sharing. 

Sec. 1306. TSA personnel limitations. 

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

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

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

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

Transportation. 

TITLE XIV—PUBLIC TRANSPORTATION SECURITY 

Sec. 1401. Short title. 

Sec. 1402. Definitions. 

Sec. 1403. Findings. 

Sec. 1404. National Strategy for Public Transportation Security. 

Sec. 1405. Security assessments and plans. 

Sec. 1406. Public transportation security assistance. 

Sec. 1407. Security exercises. 

Sec. 1408. Public transportation security training program. 

Sec. 1409. Public transportation research and development. 

Sec. 1410. Information sharing. 

Sec. 1411. Threat assessments. 

Sec. 1412. Reporting requirements. 

Sec. 1413. Public transportation employee protections. 

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

Sec. 1415. Limitation on fines and civil penalties. 

TITLE XV—SURFACE TRANSPORTATION SECURITY 

Subtitle A—General Provisions 

Sec. 1501. Definitions. 

Sec. 1502. Oversight and grant procedures. 

Sec. 1503. Authorization of appropriations. 

Sec. 1504. Public awareness. 

Subtitle B—Railroad Security 

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

Sec. 1512. Railroad carrier assessments and plans. 

Sec. 1513. Railroad security assistance. 

Sec. 1514. Systemwide Amtrak security upgrades. 

Sec. 1515. Fire and life safety improvements. 

Sec. 1516. Railroad carrier exercises. 

Sec. 1517. Railroad security training program. 

Sec. 1518. Railroad security research and development. 

Sec. 1519. Railroad tank car security testing. 

Sec. 1520. Railroad threat assessments. 

Sec. 1521. Railroad employee protections. 

Sec. 1522. Security background checks of covered individuals. 

Sec. 1523. Northern border railroad passenger report. 

Sec. 1524. International Railroad Security Program. 

Sec. 1525. Transmission line report. 

Sec. 1526. Railroad security enhancements. 

Sec. 1527. Applicability of District of Columbia law to certain Amtrak contracts. 
H. R. 1—4 

Sec. 1528. Railroad preemption clarification. 

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

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

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

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

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

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

Sec. 1536. Motor carrier employee protections. 

Sec. 1537. Unified carrier registration system agreement. 

Sec. 1538. School bus transportation security. 

Sec. 1539. Technical amendment. 

Sec. 1540. Truck security assessment. 

Sec. 1541. Memorandum of understanding annex. 

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

Subtitle D—Hazardous Material and Pipeline Security 

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

Sec. 1552. Railroad security-sensitive material tracking. 

Sec. 1553. Hazardous materials highway routing. 

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

Sec. 1555. Hazardous materials security inspections and study. 

Sec. 1556. Technical corrections. 

Sec. 1557. Pipeline security inspections and enforcement. 

Sec. 1558. Pipeline security and incident recovery plan. 

TITLE XVI—AVIATION 

Sec. 1601. Airport checkpoint screening fund. 

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

Sec. 1603. In-line baggage screening. 

Sec. 1604. In-line baggage system deployment. 

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

system. 

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

from boarding a flight. 

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

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

Sec. 1609. Blast-resistant cargo containers. 

Sec. 1610. Protection of passenger planes from explosives. 

Sec. 1611. Specialized training. 

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

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

Sec. 1614. Security credentials for airline crews. 

Sec. 1615. Law enforcement officer biometric credential. 

Sec. 1616. Repair station security. 

Sec. 1617. General aviation security. 

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

TITLE XVII—MARITIME CARGO 

Sec. 1701. Container scanning and seals. 

TITLE XVIII—PREVENTING WEAPONS OF MASS DESTRUCTION 

PROLIFERATION AND TERRORISM 

Sec. 1801. Findings. 

Sec. 1802. Definitions. 

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

WMD Proliferation and Terrorism 

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

weapons of mass destruction proliferation and terrorism. 

Subtitle B—Proliferation Security Initiative 

Sec. 1821. Proliferation Security Initiative improvements and authorities. 

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

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

Destruction Proliferation and Terrorism 

Sec. 1831. Statement of policy. 
H. R. 1—5 

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

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

to prevent weapons of mass destruction proliferation and terrorism. 

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

of Mass Destruction Proliferation and Terrorism 

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

of Mass Destruction Proliferation and Terrorism. 

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

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

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

Proliferation and Terrorism 

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

Sec. 1852. Purposes of Commission. 

Sec. 1853. Composition of Commission. 

Sec. 1854. Responsibilities of Commission. 

Sec. 1855. Powers of Commission. 

Sec. 1856. Nonapplicability of Federal Advisory Committee Act. 

Sec. 1857. Report. 

Sec. 1858. Termination. 

Sec. 1859. Funding. 

TITLE XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM 

TECHNOLOGIES 

Sec. 1901. Promoting antiterrorism capabilities through international cooperation. 

Sec. 1902. Transparency of funds. 

TITLE XX—9/11 COMMISSION INTERNATIONAL IMPLEMENTATION 

Sec. 2001. Short title. 

Sec. 2002. Definition. 

Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries. 

Sec. 2011. Findings; Policy. 

Sec. 2012. International Muslim Youth Opportunity Fund. 

Sec. 2013. Annual report to Congress. 

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

in predominantly Muslim Countries to provide scholarships. 

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

Sec. 2021. Middle East Foundation. 

Subtitle C—Reaffirming United States Moral Leadership 

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

Sec. 2032. Oversight of international broadcasting. 

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

in predominantly Muslim countries. 

Sec. 2034. United States policy toward detainees. 

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

Pakistan, and Saudi Arabia 

Sec. 2041. Afghanistan. 

Sec. 2042. Pakistan. 

Sec. 2043. Saudi Arabia. 

TITLE XXI—ADVANCING DEMOCRATIC VALUES 

Sec. 2101. Short title. 

Sec. 2102. Findings. 

Sec. 2103. Statement of policy. 

Sec. 2104. Definitions. 

Subtitle A—Activities to Enhance the Promotion of Democracy 

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

Sec. 2112. Democracy Fellowship Program. 

Sec. 2113. Investigations of violations of international humanitarian law. 
H. R. 1—6 

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

Democracy 

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

Sec. 2122. Translation of human rights reports. 

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

of the Department of State 

Sec. 2131. Advisory Committee on Democracy Promotion. 

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

State. 

Subtitle D—Training in Democracy and Human Rights; Incentives 

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

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

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

Subtitle E—Cooperation With Democratic Countries 

Sec. 2151. Cooperation with democratic countries. 

Subtitle F—Funding for Promotion of Democracy 

Sec. 2161. The United Nations Democracy Fund. 

Sec. 2162. United States democracy assistance programs. 

TITLE XXII—INTEROPERABLE EMERGENCY COMMUNICATIONS 

Sec. 2201. Interoperable emergency communications. 

Sec. 2202. Clarification of congressional intent. 

Sec. 2203. Cross border interoperability reports. 

Sec. 2204. Extension of short quorum. 

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

TITLE XXIII—EMERGENCY COMMUNICATIONS MODERNIZATION 

Sec. 2301. Short title. 

Sec. 2302. Funding for program. 

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

TITLE XXIV—MISCELLANEOUS PROVISIONS 

Sec. 2401. Quadrennial homeland security review. 

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

to ideologically-based violence. 

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

Sec. 2404. Demonstration project. 

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

TITLE I—HOMELAND SECURITY 

GRANTS 

SEC. 101. HOMELAND SECURITY GRANT PROGRAM. 

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

is amended by adding at the end the following: 

‘‘TITLE XX—HOMELAND SECURITY 

GRANTS 

‘‘SEC. 2001. DEFINITIONS. 

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

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

Administrator of the Federal Emergency Management Agency. 

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

‘appropriate committees of Congress’ means— 

‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and 
H. R. 1—7 

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

that the Speaker of the House of Representatives determines appropriate. 

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

infrastructure sectors’ means the following sectors, in both 

urban and rural areas: 

‘‘(A) Agriculture and food. 

‘‘(B) Banking and finance. 

‘‘(C) Chemical industries. 

‘‘(D) Commercial facilities. 

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

waste. 

‘‘(F) Dams. 

‘‘(G) The defense industrial base. 

‘‘(H) Emergency services. 

‘‘(I) Energy. 

‘‘(J) Government facilities. 

‘‘(K) Information technology. 

‘‘(L) National monuments and icons. 

‘‘(M) Postal and shipping. 

‘‘(N) Public health and health care. 

‘‘(O) Telecommunications. 

‘‘(P) Transportation systems. 

‘‘(Q) Water. 

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

tribe’ means— 

‘‘(A) any Indian tribe— 

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

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

response agency with the capacity to respond to calls 

for law enforcement or emergency services; 

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

border or a coastline bordering an ocean (including 

the Gulf of Mexico) or international waters; 

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

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

such a system or asset within its territory; 

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

of the 50 most populous metropolitan statistical areas 

in the United States; or 

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

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

term is defined in section 1151 of title 18, United 

States Code; and 

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

has not provided funds under section 2003 or 2004 

to the Indian tribe or consortium of Indian tribes for 

the purpose for which direct funding is sought; and 

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

the requirements of subparagraph (A). 

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

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

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

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

2003(b)(3)(A). 
H. R. 1—8 

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

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

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

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

as defined by the Office of Management and Budget. 

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

‘National Special Security Event’ means a designated event 

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

significance, may be the target of terrorism or other criminal 

activity. 

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

year. 

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

means population divided by land area in square miles. 

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

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

personnel— 

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

baseline proficiency in intelligence analysis and production, 

as determined by the Secretary, which may include training 

using a curriculum developed under section 209; or 

‘‘(B) whose experience ensures baseline proficiency in 

intelligence analysis and production equivalent to the 

training required under subparagraph (A), as determined 

by the Secretary. 

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

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

tribal government preparedness for which guidelines are 

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

746(a)). 

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

means the government of an Indian tribe. 

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

‘‘SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS. 

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

Administrator, may award grants under sections 2003 and 2004 

to State, local, and tribal governments. 

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

‘‘(1) Firefighter and other assistance programs authorized 

under the Federal Fire Prevention and Control Act of 1974 

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

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

et seq.). 

‘‘(3) Emergency Management Performance Grants under 

the amendments made by title II of the Implementing Recommendations of the 9/11 Commission Act of 2007. 
H. R. 1—9 

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

security grants authorized under section 70107 of title 46, 

United States Code, and the grants authorized under title 

XIV and XV of the Implementing Recommendations of the 

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

such titles. 

‘‘(5) The Metropolitan Medical Response System authorized 

under section 635 of the Post-Katrina Emergency Management 

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

‘‘(6) The Interoperable Emergency Communications Grant 

Program authorized under title XVIII. 

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

Department. 

‘‘(c) RELATIONSHIP TO OTHER LAWS.— 

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

sections 2003 and 2004 shall supercede all grant programs 

authorized under section 1014 of the USA PATRIOT Act (42 

U.S.C. 3714). 

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

under section 2003 or 2004 shall be governed by the terms 

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

‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE. 

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

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

in preventing, preparing for, protecting against, and responding 

to acts of terrorism. 

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

AREAS.— 

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

on procedures under this subsection. 

‘‘(2) INITIAL ASSESSMENT.— 

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

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

consideration of— 

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

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

‘‘(ii) information and materials submitted under 

subparagraph (B). 

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

each eligible metropolitan area of, the opportunity to— 

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

of the threat, vulnerability, and consequences it faces 

from acts of terrorism; and 

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

Department of that eligible metropolitan area, 

including the bases for the assessment by the Department of the threat, vulnerability, and consequences 
H. R. 1—10 

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

‘‘(3) DESIGNATION OF HIGH-RISK URBAN AREAS.— 

‘‘(A) DESIGNATION.— 

‘‘(i) IN GENERAL.—For each fiscal year, after conducting the initial assessment under paragraph (2), 

and based on that assessment, the Administrator shall 

designate high-risk urban areas that may submit 

applications for grants under this section. 

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

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

area consists of more than 1 metropolitan division 

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

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

metropolitan area as a high-risk urban area based 

on the assessment by the Administrator of the 

relative threat, vulnerability, and consequences 

from acts of terrorism faced by the area. 

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

subsection may be construed to require the Administrator to— 

‘‘(I) designate all eligible metropolitan areas 

that submit information to the Administrator 

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

or 

‘‘(II) designate all areas within an eligible 

metropolitan area as part of the high-risk urban 

area. 

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

AREAS.— 

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

areas under subparagraph (A), the Administrator shall 

determine which jurisdictions, at a minimum, shall 

be included in each high-risk urban area. 

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

urban area designated by the Administrator may, in 

consultation with the State or States in which such 

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

‘‘(c) APPLICATION.— 

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

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

section. 

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

shall submit— 

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

tribal governments in the high-risk urban area; 

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

the various jurisdictions in the high-risk urban area; and 
H. R. 1—11 

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

as the Administrator may reasonably require. 

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

this section shall apply or reapply on an annual basis. 

‘‘(4) STATE REVIEW AND TRANSMISSION.— 

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

homeland security plans, a high-risk urban area applying 

for a grant under this section shall submit its application 

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

urban area is located for review before submission of such 

application to the Department. 

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

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

Department. 

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

security plan of that State, or otherwise does not support 

the application, the Governor shall— 

‘‘(i) notify the Administrator, in writing, of that 

fact; and 

‘‘(ii) provide an explanation of the reason for not 

supporting the application at the time of transmission 

of the application. 

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

for grants under this section, the Administrator shall provide 

applicants with a reasonable opportunity to correct defects in 

the application, if any, before making final awards. 

‘‘(d) DISTRIBUTION OF AWARDS.— 

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

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

section, the Administrator shall distribute the grant funds to 

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

located. 

‘‘(2) STATE DISTRIBUTION OF FUNDS.— 

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

date that a State receives grant funds under paragraph 

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

awarded that grant not less than 80 percent of the grant 

funds. Any funds retained by a State shall be expended 

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

urban area. 

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

services, or activities on which any funds retained by the 

State under subparagraph (A) were expended. 

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

urban area awarded a grant under this section are located 

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

such State— 

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

the proposed distribution set forth in the application; or 

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

a portion of the grant funds determined by the Administrator to be appropriate. 
H. R. 1—12 

‘‘(4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT

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

funds under paragraph (1) shall certify to the Administrator 

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

urban area the required funds under paragraph (2). 

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

to be appropriated for grants under this section— 

‘‘(1) $850,000,000 for fiscal year 2008; 

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

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

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

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

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

each fiscal year thereafter. 

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

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

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

responding to acts of terrorism. 

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

this section, and shall submit such information in support 

of the application as the Administrator may reasonably require. 

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

at a minimum— 

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

and the reasons why the State needs the grant to meet 

the target capabilities of that State; 

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

the grant funds to local governments and Indian tribes; 

and 

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

the grant funds. 

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

this section shall apply or reapply on an annual basis. 

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

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

grant funds, any State receiving a grant under this section 

shall make available to local and tribal governments, consistent 

with the applicable State homeland security plan— 

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

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

items, services, or activities having a value of not less 

than 80 percent of the amount of the grant; or 

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

grant funds combined with other items, services, or activities having a total value of not less than 80 percent of 

the amount of the grant. 

‘‘(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT

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

Administrator that the State has made the distribution to 

local and tribal governments required under paragraph (1). 

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

request in writing that the Administrator extend the period 

under paragraph (1) for an additional period of time. The 
H. R. 1—13 

Administrator may approve such a request if the Administrator 

determines that the resulting delay in providing grant funding 

to the local and tribal governments is necessary to promote 

effective investments to prevent, prepare for, protect against, 

or respond to acts of terrorism. 

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

Samoa, the Commonwealth of the Northern Mariana Islands, 

Guam, or the Virgin Islands. 

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

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

to receive such distribution may petition the Administrator 

to request that grant funds be provided directly to the local 

or tribal government. 

‘‘(d) MULTISTATE APPLICATIONS.— 

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

submit an application for a grant under this section in support 

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

and respond to acts of terrorism. 

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

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

to the Administrator at the time of application a plan 

describing— 

‘‘(A) the division of responsibilities for administering 

the grant; and 

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

are parties to the application. 

‘‘(e) MINIMUM ALLOCATION.— 

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

the Administrator shall ensure that— 

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

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

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

for grants under this section and section 2003 in fiscal 

year 2008; 

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

for grants under this section and section 2003 in fiscal 

year 2009; 

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

for grants under this section and section 2003 in fiscal 

year 2010; 

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

for grants under this section and section 2003 in fiscal 

year 2011; and 

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

for grants under this section and section 2003 in fiscal 

year 2012 and in each fiscal year thereafter; and 

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

Commonwealth of the Northern Mariana Islands, Guam, 

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

established under this section, not less than an amount 
H. R. 1—14 

equal to 0.08 percent of the total funds appropriated for 

grants under this section and section 2003. 

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

Any portion of a multistate award provided to a State under 

subsection (d) shall be considered in calculating the minimum 

State allocation under this subsection. 

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

to be appropriated for grants under this section— 

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

2012; and 

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

each fiscal year thereafter. 

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

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

Administrator may award grants to directly eligible tribes under 

section 2004. 

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

for a grant under section 2004 by submitting an application to 

the Administrator that includes, as appropriate, the information 

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

‘‘(c) CONSISTENCY WITH STATE PLANS.— 

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

applicable State homeland security plan, a directly eligible 

tribe applying for a grant under section 2004 shall provide 

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

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

application to the Department. 

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

State determines that the application of a directly eligible tribe 

is inconsistent with the State homeland security plan of that 

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

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

Governor shall— 

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

and 

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

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

authority to approve any application of a directly eligible tribe. 

The Administrator shall notify each State within the boundaries 

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

approval of an application by the tribe. 

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

to directly eligible tribes in accordance with the factors applicable 

to allocating funds among States under section 2007. 

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

If the Administrator awards funds to a directly eligible tribe under 

this section, the Administrator shall distribute the grant funds 

directly to the tribe and not through any State. 

‘‘(g) MINIMUM ALLOCATION.— 

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

the Administrator shall ensure that, for each fiscal year, 

directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 2004, not less than an amount equal 
H. R. 1—15 

to 0.1 percent of the total funds appropriated for grants under 

sections 2003 and 2004. 

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

fiscal year in which the Administrator— 

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

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

this section. 

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

grant under section 2004 shall designate an individual to serve 

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

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

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

that receives a grant under section 2004 may receive funds for 

other purposes under a grant from the State or States within 

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

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

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

area. 

‘‘(j) STATE OBLIGATIONS.— 

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

grant funds received under section 2004 to tribal governments 

in order to help those tribal communities achieve target 

capabilities not achieved through grants to directly eligible 

tribes. 

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

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

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

be required to seek funding from any local government. 

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

impose unreasonable or unduly burdensome requirements on 

an Indian tribe as a condition of providing the Indian tribe 

with grant funds or resources under section 2004. 

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

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

funds under this subtitle. 

‘‘SEC. 2006. TERRORISM PREVENTION. 

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

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

less than 25 percent of the total combined funds appropriated 

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

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

include— 

‘‘(A) information sharing and analysis; 

‘‘(B) target hardening; 

‘‘(C) threat recognition; 

‘‘(D) terrorist interdiction; 

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

law enforcement operations in support of Federal agencies, 

including for increased border security and border crossing 

enforcement; 
H. R. 1—16 

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

centers that comply with the guidelines established under 

section 210A(i); 

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

including individuals employed by the grant recipient on 

the date of the relevant grant application, to serve as 

qualified intelligence analysts; 

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

2007 Program Guidance of the Department for the Law 

Enforcement Terrorism Prevention Program; and 

‘‘(I) any other terrorism prevention activity authorized 

by the Administrator. 

‘‘(3) PARTICIPATION OF UNDERREPRESENTED COMMUNITIES

IN FUSION CENTERS.—The Administrator shall ensure that grant 

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

response providers from rural and other underrepresented 

communities at risk from acts of terrorism in fusion centers. 

‘‘(b) OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.— ‘‘(1) ESTABLISHMENT.—There is established in the Policy 

Directorate of the Department an Office for State and Local 

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

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

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

other counterterrorism functions. 

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

assign to the Office for State and Local Law Enforcement 

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

detailed from other components of the Department to carry 

out the responsibilities under this subsection. 

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

and Local Law Enforcement shall— 

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

relating to the role of State and local law enforcement 

in preventing, preparing for, protecting against, and 

responding to natural disasters, acts of terrorism, and other 

man-made disasters within the United States; 

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

law enforcement agencies and the Department; 

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

requirements of State, local, and tribal law enforcement 

agencies are being addressed; 

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

enforcement and terrorism-focused grants to State, local, 

and tribal government agencies, including grants under 

sections 2003 and 2004, the Commercial Equipment Direct 

Assistance Program, and other grants administered by the 

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

prevention activities; 

‘‘(E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the 
H. R. 1—17 

Department of Justice, the National Institute of Justice, 

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

updating, as necessary, of national voluntary consensus 

standards for training and personal protective equipment 

to be used in a tactical environment by law enforcement 

officers; and 

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

to determine the efficacy and feasibility of establishing 

specialized law enforcement deployment teams to assist 

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

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

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

‘‘SEC. 2007. PRIORITIZATION. 

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

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

area— 

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

from acts of terrorism, including consideration of— 

‘‘(A) its population, including appropriate consideration 

of military, tourist, and commuter populations; 

‘‘(B) its population density; 

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

been the target of a prior act of terrorism; 

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

infrastructure sectors) or key resources identified by the 

Administrator or the State homeland security plan, 

including threats, vulnerabilities, and consequences related 

to critical infrastructure or key resources in nearby jurisdictions; 

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

the Department; 

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

area is located at or near, an international border; 

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

(including the Gulf of Mexico) or international waters; 

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

occurring in nearby jurisdictions; 

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

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

to which that high-risk urban area includes— 

‘‘(i) those incorporated municipalities, counties, 

parishes, and Indian tribes within the relevant eligible 

metropolitan area, the inclusion of which will enhance 

regional efforts to prevent, prepare for, protect against, 

and respond to acts of terrorism; and 

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

respond to acts of terrorism within the high-risk urban 

area; and 
H. R. 1—18 

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

the Administrator; and 

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

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

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

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

to meet its target capabilities, and to otherwise reduce the 

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

Nation. 

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

the Administrator shall consider the following types of threat to 

critical infrastructure sectors and to populations in all areas of 

the United States, urban and rural: 

‘‘(1) Biological. 

‘‘(2) Chemical. 

‘‘(3) Cyber. 

‘‘(4) Explosives. 

‘‘(5) Incendiary. 

‘‘(6) Nuclear. 

‘‘(7) Radiological. 

‘‘(8) Suicide bombers. 

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

the Administrator. 

‘‘SEC. 2008. USE OF FUNDS. 

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

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

of terrorism, consistent with a State homeland security plan and 

relevant local, tribal, and regional homeland security plans, 

through— 

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

mutual aid agreements; 

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

exercises, including training and exercises conducted under 

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

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

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

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

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

‘‘(5) ensuring operability and achieving interoperability of 

emergency communications; 

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

the Homeland Security Advisory System, or to the needs 

resulting from a National Special Security Event; 

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

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

‘‘(8) enhancing school preparedness; 

‘‘(9) supporting public safety answering points; 

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

individuals employed by the grant recipient on the date of 

the relevant grant application, to serve as qualified intelligence 

analysts; 
H. R. 1—19 

‘‘(11) paying expenses directly related to administration 

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

percent of the amount of the grant; 

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

Program Guidance of the Department for the State Homeland 

Security Grant Program, the Urban Area Security Initiative 

(including activities permitted under the full-time 

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

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

Administrator. 

‘‘(b) LIMITATIONS ON USE OF FUNDS.— 

‘‘(1) IN GENERAL.—Funds provided under section 2003 or 

2004 may not be used— 

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

nothing in this paragraph shall prohibit the use of grant 

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

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

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

or 

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

contribution. 

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

amount awarded to a grant recipient under section 2003 

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

including overtime and backfill costs, in support of the 

permitted uses under subsection (a). 

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

grant under section 2003 or 2004, the Administrator may 

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

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

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

buildings or other physical facilities. 

‘‘(B) EXCEPTIONS.— 

‘‘(i) IN GENERAL.—Notwithstanding subparagraph 

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

of a grant awarded under section 2003 or 2004 to 

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

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

such buildings secure against acts of terrorism. 

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

awarded under section 2003 or 2004 may be used 

for a purpose described in clause (i) unless— 

‘‘(I) specifically approved by the Administrator; 

‘‘(II) any construction work occurs under terms 

and conditions consistent with the requirements 

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

Disaster Relief and Emergency Assistance Act (42 

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

‘‘(III) the amount allocated for purposes under 

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

or 15 percent of the grant award. 
H. R. 1—20 

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

not be used for recreational or social purposes. 

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

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

using grant funds under sections 2003 and 2004 in a manner 

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

capabilities related to preventing, preparing for, protecting against, 

or responding to acts of terrorism. 

‘‘(d) REIMBURSEMENT OF COSTS.— 

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

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

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

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

participation in training or exercises related to the purposes 

of this subtitle. Any such reimbursement shall not be considered 

compensation for purposes of rendering an emergency response 

provider an employee under the Fair Labor Standards Act 

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

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

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

for the reimbursement of the cost of any activity relating to 

preventing, preparing for, protecting against, or responding 

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

a State or local government under agreement with a Federal 

agency. 

‘‘(e) FLEXIBILITY IN UNSPENT HOMELAND SECURITY GRANT

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

2003 or 2004, the Administrator may authorize the grant recipient 

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

the grant agreement to other uses authorized under this section, 

if the Administrator determines that such transfer is in the interests 

of homeland security. 

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

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

do not meet or exceed any applicable national voluntary consensus 

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

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

equipment or systems that meet or exceed such standards. 

‘‘Subtitle B—Grants Administration 

‘‘SEC. 2021. ADMINISTRATION AND COORDINATION. 

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

that— 

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

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

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

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

title V of the Robert T. Stafford Disaster Relief and Emergency 
H. R. 1—21 

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

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

tribal governments; and 

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

administered by the Department to prevent, prepare for, protect 

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

other man-made disasters (excluding assistance provided under 

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

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

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

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

across State boundaries, including, where appropriate, through 

the use of regional working groups and requirements for 

regional plans. 

‘‘(b) PLANNING COMMITTEES.— 

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

receiving a grant under section 2003 or 2004 shall establish 

a planning committee to assist in preparation and revision 

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

to assist in determining effective funding priorities for grants 

under sections 2003 and 2004. 

‘‘(2) COMPOSITION.— 

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

include representatives of significant stakeholders, 

including— 

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

‘‘(ii) emergency response providers, which shall 

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

managers. 

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

the planning committee shall be a representative group 

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

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

as appropriate, representatives of rural, high-population, 

and high-threat jurisdictions. 

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

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

requirements of this subsection. 

‘‘(c) INTERAGENCY COORDINATION.— 

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

of enactment of the Implementing Recommendations of the 

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

the Administrator), the Attorney General, the Secretary of 

Health and Human Services, and the heads of other agencies 

providing assistance to State, local, and tribal governments 

for preventing, preparing for, protecting against, and 

responding to natural disasters, acts of terrorism, and other 

man-made disasters, shall jointly— 

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

programs for State, local, and tribal governments for preventing, preparing for, protecting against, and responding 
H. R. 1—22 

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

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

other requirements and guidance for the grant programs 

described in subparagraph (A); 

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

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

including onerous application and ongoing reporting 

requirements; 

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

intended purposes of such programs; 

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

duplicative or inconsistent purchases by the recipients; 

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

friendly to applicants; and 

‘‘(v) ensure the programs are coordinated to 

enhance the overall preparedness of the Nation; 

‘‘(D) submit the information and recommendations 

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

committees of Congress; and 

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

the Comptroller General, and any officer or employee of 

the Government Accountability Office with full access to 

any information collected or reviewed in preparing the 

submission under subparagraph (D). 

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

authorize the elimination, or the alteration of the purposes, 

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

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

nor authorize the review or preparation of proposals on the 

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

grant program. 

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

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

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

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

disasters— 

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

coordinated system of both terrorism-focused and all-hazards 

grants; 

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

between funding for terrorism-focused and all-hazards 

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

II, as applicable, of the Implementing Recommendations of 

the 9/11 Commission Act of 2007; and 

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

to ensure both that the target capabilities of the highest risk 

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

are achieved nationwide. 

‘‘SEC. 2022. ACCOUNTABILITY. 

‘‘(a) AUDITS OF GRANT PROGRAMS.— ‘‘(1) COMPLIANCE REQUIREMENTS.— 
H. R. 1—23 

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

administered by the Department that expends not less 

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

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

chapter 75 of title 31, United States Code. 

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

each recipient of a grant administered by the Department 

shall provide the Comptroller General and any officer or 

employee of the Government Accountability Office with 

full access to information regarding the activities carried 

out related to any grant administered by the Department. 

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

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

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

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

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

procedures for— 

‘‘(i) identifying activities funded under any such 

grant program that are susceptible to significant 

improper payments; and 

‘‘(ii) reporting any improper payments to the 

Department. 

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

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

Department, a programmatic and financial review of all 

grants awarded by the Department to prevent, prepare 

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

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

the Robert T. Stafford Disaster Relief and Emergency 

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

et seq.). 

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

shall, at a minimum, examine— 

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

accordance with the law, program guidance, and State 

homeland security plans or other applicable plans; and 

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

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

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

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

to any other amounts authorized to be appropriated to 

the Administrator, there are authorized to be appropriated 

to the Administrator for reviews under this paragraph— 

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

and 2010; and 

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

2011, and each fiscal year thereafter. 

‘‘(3) OFFICE OF INSPECTOR GENERAL PERFORMANCE

AUDITS.— 

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

appropriate use of grants administered by the Department, 
H. R. 1—24 

the Inspector General of the Department each year shall 

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

areas that receive grants administered by the Department 

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

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

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

seq., and 5191 et seq.). 

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

audits under subparagraph (A) shall be— 

‘‘(i) of an appropriate size to— 

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

programs described in subparagraph (A); and 

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

‘‘(ii) selected based on— 

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

recipient; 

‘‘(II) the past grant management performance 

of the recipient; 

‘‘(III) concerns identified by the Administrator, 

including referrals from the Administrator; and 

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

Inspector General of the Department. 

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

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

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

funds under a grant under section 2003 or 2004. 

‘‘(D) REPORT BY THE INSPECTOR GENERAL.— ‘‘(i) IN GENERAL.—The Inspector General of the 

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

regarding the audits completed during the fiscal year 

before the date of that report. 

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

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

date of that report— 

‘‘(I) the audits conducted under subparagraph 

(A); 

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

respect to the audits conducted under subparagraph (A); 

‘‘(III) whether the funds awarded were used 

in accordance with the law, program guidance, 

and State homeland security plans and other 

applicable plans; and 

‘‘(IV) the extent to which funds awarded 

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

disasters, acts of terrorism and other man-made 

disasters. 

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

required under clause (i) shall be submitted not later 

than December 31. 
H. R. 1—25 

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

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

of the Inspector General, subject to redaction as the 

Inspector General determines necessary to protect classified 

and other sensitive information. 

‘‘(F) PROVISION OF INFORMATION TO ADMINISTRATOR.— 

The Inspector General of the Department shall provide 

to the Administrator any findings and recommendations 

from audits conducted under subparagraph (A). 

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

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

shall review and evaluate the grants management and 

oversight practices of the Federal Emergency Management 

Agency, including assessment of and recommendations 

relating to— 

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

workforce; and 

‘‘(ii) any additional resources and staff necessary 

to carry out such management and oversight. 

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

to any other amounts authorized to be appropriated to 

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

Department for audits under subparagraph (A)— ‘‘(i) $8,500,000 for each of fiscal years 2008, 2009, 

and 2010; and 

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

2011, and each fiscal year thereafter. 

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

States and high-risk urban areas are using grants administered 

by the Department appropriately to meet target capabilities 

and preparedness priorities, the Administrator shall— 

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

area conducts or participates in exercises under section 

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

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

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

comprehensive assessment system under section 649 of 

the Post-Katrina Emergency Management Reform Act of 

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

high-risk urban area regularly tests its progress against 

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

‘‘(C) use the remedial action management program 

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

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

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

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

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

and (3), the Administrator and the Inspector General of the 
H. R. 1—26 

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

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

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

the Office of Management and Budget under section 3561 of 

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

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

if the Administrator finds that— 

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

that can be recouped; and 

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

to recapture the targeted funds. 

‘‘(7) REMEDIES FOR NONCOMPLIANCE.— 

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

under this subsection or otherwise, the Administrator finds 

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

substantially comply with any provision of law or with 

any regulations or guidelines of the Department regarding 

eligible expenditures, the Administrator shall— 

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

to the recipient by an amount equal to the amount 

of grants funds that were not properly expended by 

the recipient; 

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

projects, or activities not affected by the failure to 

comply; 

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

of the Department for further investigation; 

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

made to the recipient; or 

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

determines appropriate. 

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

apply an appropriate penalty under subparagraph (A) until 

such time as the Administrator determines that the grant 

recipient is in full compliance with the law and with 

applicable guidelines or regulations of the Department. 

‘‘(b) REPORTS BY GRANT RECIPIENTS.— 

‘‘(1) QUARTERLY REPORTS ON HOMELAND SECURITY

SPENDING.— 

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

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

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

the end of each Federal fiscal quarter, submit to the 

Administrator a report on activities performed using grant 

funds during that fiscal quarter. 

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

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

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

tribe, and each subgrantee thereof— 

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

section 2003 or 2004 in that quarter; 

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

under section 2003 or 2004 by that recipient in that 

quarter; and 
H. R. 1—27 

‘‘(iii) a summary description of expenditures made 

by that recipient using such funds, and the purposes 

for which such expenditures were made. 

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

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

or directly eligible tribe relating to the last quarter of 

any fiscal year shall include— 

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

received under the grant during that fiscal year; 

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

subgrantee for that grant during that fiscal year; 

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

of all such funds expended in compliance with section 

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

sharing arrangements that apply within the State, 

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

applicable, during that fiscal year; and 

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

or subgrantee during that fiscal year. 

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

section 2004 shall submit to the Administrator annually a 

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

the Post-Katrina Emergency Management Reform Act of 2006 

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

‘‘(c) REPORTS BY THE ADMINISTRATOR.— 

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

shall submit to the appropriate committees of Congress 

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

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

‘‘(2) RISK ASSESSMENT.— 

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

methodologies used to calculate risk and compute the 

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

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

and the weights assigned to each such variable; 

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

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

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

previous fiscal year, including changes in variables 

considered, weighting of those variables, and computational methods. 

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

under subparagraph (A) shall be provided in unclassified 

form to the greatest extent possible, and may include a 

classified annex if necessary. 

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

required under subparagraph (A) shall be provided on the 

earlier of— 

‘‘(i) October 31; or 

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

guidance for grants administered by the Department. 
H. R. 1—28 

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

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

provided during that fiscal year to Indian tribes under any 

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

SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT 

OF 2002. 

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

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

that term appears and inserting the following: 

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

(2) by adding at the end the following: 

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

coordination with State, local, and tribal governments and 

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

on the administration and assessment of grant programs 

administered by the Department, including with respect to 

the development of program guidance and the development 

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

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

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

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

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

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

is amended— 

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

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

end and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

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

administered by the Department, including grants under 

title XX of the Homeland Security Act of 2002— 

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

and tribal governments in achieving target capabilities; 

and 

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

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

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

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

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

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

capabilities identified in the applicable State homeland security 

plan and other applicable plans remain unmet and an assessment 

of resources needed’’. 
H. R. 1—29 

SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS. 

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

101 et seq.) is amended— 

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

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

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

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

as sections 1901 through 1906, respectively; 

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

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

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

1902(a)’’; and 

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

the items relating to title XVIII and sections 1801 through 

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

120 Stat. 1884), and inserting the following: 

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 

‘‘Sec. 1901. Domestic Nuclear Detection Office. 

‘‘Sec. 1902. Mission of Office. 

‘‘Sec. 1903. Hiring authority. 

‘‘Sec. 1904. Testing authority. 

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

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

‘‘TITLE XX—HOMELAND SECURITY GRANTS 

‘‘Sec. 2001. Definitions. 

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

‘‘Sec. 2002. Homeland Security Grant Programs. 

‘‘Sec. 2003. Urban Area Security Initiative. 

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

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

‘‘Sec. 2006. Terrorism prevention. 

‘‘Sec. 2007. Prioritization. 

‘‘Sec. 2008. Use of funds. 

‘‘Subtitle B—Grants Administration 

‘‘Sec. 2021. Administration and coordination. 

‘‘Sec. 2022. Accountability.’’. 

TITLE II—EMERGENCY MANAGEMENT 

PERFORMANCE GRANTS 

SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM. 

Section 662 of the Post-Katrina Emergency Management 

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

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

‘‘(a) DEFINITIONS.—In this section— 

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

performance grants program described in subsection (b); and 

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

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

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

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

Management Agency shall continue implementation of an emergency management performance grants program, to make grants 
H. R. 1—30 

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

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

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

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

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

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

cost of an activity carried out using funds made available under 

the program shall not exceed 50 percent. 

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

year thereafter, the Administrator shall apportion the amounts 

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

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

apportion 0.25 percent of such amounts to each of American 

Samoa, the Commonwealth of the Northern Mariana Islands, 

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

to each of the remaining States. 

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

remainder of such amounts in the ratio that— 

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

‘‘(B) the population of all States. 

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

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

appropriation for emergency management performance grants in 

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

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

in fiscal year 2007. 

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

to be appropriated to carry out the program— 

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

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

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

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

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

SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 

CENTERS. 

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

follows: 

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

CENTERS. 

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

Management Agency may make grants to States under this title 

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

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

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

using amounts from grants made under this section shall not exceed 

75 percent.’’. 
H. R. 1—31 

TITLE III—ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 

RESPONDERS 

SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT 

PROGRAM. 

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

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

the following new section: 

‘‘SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT 

PROGRAM. 

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

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

statewide, regional, national and, where appropriate, international 

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

and other man-made disasters. 

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

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

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

by the grant— 

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

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

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

‘‘(2) comply with the National Emergency Communications 

Plan under section 1802, when completed. 

‘‘(c) ADMINISTRATION.— 

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

Emergency Communications Grant Program pursuant to the 

responsibilities and authorities of the Administrator under title 

V of the Act. 

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

Administrator shall ensure that the use of grants is consistent 

with guidance established by the Director of Emergency 

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

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

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

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

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

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

emergency communications. 

‘‘(e) APPROVAL OF PLANS.— 

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

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

Interoperable Communications Plan required under section 
H. R. 1—32 

7303(f) of the Intelligence Reform and Terrorism Prevention 

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

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

subsection, the Director of Emergency Communications shall 

ensure that the plan— 

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

county, regional, State and interstate level; 

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

and 

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

the National Emergency Communications Plan under section 1802. 

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

Communications may approve revisions to a State’s plan if 

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

‘‘(f) LIMITATIONS ON USES OF FUNDS.— 

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

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

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

contribution; or 

‘‘(C) for recreational or social purposes. 

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

available, the Secretary may take such actions as necessary 

to ensure that recipients of grant funds are using the funds 

for the purpose for which they were intended. 

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

‘‘(1) NATIONAL EMERGENCY COMMUNICATIONS PLAN

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

section before the date on which the Secretary completes and 

submits to Congress the National Emergency Communications 

Plan required under section 1802. 

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

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

purchase of equipment that does not meet applicable voluntary 

consensus standards, unless the State demonstrates that there 

are compelling reasons for such purchase. 

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

awarding grants under this section, the Secretary shall consider— 

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

acts of terrorism, or other manmade disasters, including— 

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

to respond to such risk in nearby jurisdictions; 

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

infrastructure sectors) or key resources identified by the 

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

vulnerabilities of, and consequences from damage to critical 

infrastructure and key resources in nearby jurisdictions; 

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

military, tourist, and commuter populations; 

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

border; 
H. R. 1—33 

‘‘(E) whether the State encompasses an economically 

significant border crossing; and 

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

ocean, a major waterway used for interstate commerce, 

or international waters; and 

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

use of grant funds to improve interoperability. 

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

applications for grants under this section, the Administrator shall 

provide applicants with a reasonable opportunity to correct defects 

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

‘‘(j) MINIMUM GRANT AMOUNTS.— 

‘‘(1) STATES.—In awarding grants under this section, the 

Secretary shall ensure that for each fiscal year, except as 

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

amount that is less than the following percentage of the total 

amount appropriated for grants under this section for that 

fiscal year: 

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

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

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

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

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

year, 0.35 percent. 

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

under this section, the Secretary shall ensure that for each 

fiscal year, American Samoa, the Commonwealth of the 

Northern Mariana Islands, Guam, and the Virgin Islands each 

receive grants in amounts that are not less than 0.08 percent 

of the total amount appropriated for grants under this section 

for that fiscal year. 

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

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

for which the funds were intended and in compliance with the 

State’s approved Statewide Interoperable Communications Plan. 

‘‘(l) STATE RESPONSIBILITIES.— 

‘‘(1) AVAILABILITY OF FUNDS TO LOCAL AND TRIBAL GOVERNMENTS.—Not later than 45 days after receiving grant funds, 

any State that receives a grant under this section shall obligate 

or otherwise make available to local and tribal governments— 

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

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

eligible expenditures having a value of not less than 80 

percent of the amount of the grant; or 

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

of the amount of the grant. 

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

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

interoperable communications, in a manner consistent with 

the Statewide Interoperable Communications Plan. A State 

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

funds or resources to the tribal government. 

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

this subsection, in addition to other remedies available to the 
H. R. 1—34 

Secretary, the Secretary may terminate or reduce the amount 

of the grant awarded to that State or transfer grant funds 

previously awarded to the State directly to the appropriate 

local or tribal government. 

‘‘(m) REPORTS.— 

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

that receives a grant under this section shall annually submit 

to the Director of Emergency Communications a report on 

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

Interoperable Communications Plans required under section 

7303(f) of the Intelligence Reform and Terrorism Prevention 

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

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

Director shall make the reports publicly available, including 

by making them available on the Internet website of the Office 

of Emergency Communications, subject to any redactions that 

the Director determines are necessary to protect classified or 

other sensitive information. 

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

year, the Director of Emergency Communications shall submit 

to Congress a report on the use of grants awarded under 

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

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

a result of the award of such grants. 

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

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

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

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

to be appropriated for grants under this section— 

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

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

$400,000,000; and 

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

be necessary.’’. 

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

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

to section 1808 the following: 

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

(c) INTEROPERABLE COMMUNICATIONS PLANS.—Section 7303 of 

the Intelligence Reform and Terrorist Prevention Act of 2004 (6 

U.S.C. 194) is amended— 

(1) in subsection (f)— 

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

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

end and inserting a semicolon; and 

(C) by adding at the end the following: 

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

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

and the scope and timeframe of the plan; and 

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

multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the 
H. R. 1—35 

jurisdiction, and the process for continuing to incorporate such 

input.’’; 

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

‘‘and video’’. 

(d) NATIONAL EMERGENCY COMMUNICATIONS PLAN.—Section 

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

is amended— 

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

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

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

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

departments and agencies, and emergency response providers 

expect to achieve a baseline level of national interoperable 

communications, as that term is defined under section 

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

Act of 2004 (6 U.S.C. 194(g)(1)).’’. 

SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT. 

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

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

the following new section: 

‘‘SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT. 

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

Director of the Office of Emergency Communications (referred 

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

the Federal Communications Commission and the Secretary 

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

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

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

shall select no fewer than 6 communities to participate in 

a demonstration project. 

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

communities selected under paragraph (2) shall be located on 

the northern border of the United States and no fewer than 

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

located on the southern border of the United States. 

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

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

spectrum is available as a result of the 800 megahertz rebanding 

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

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

circumstances shall funds be distributed under this section unless 

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

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

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

interoperable emergency communications, as well as interoperable 

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

project. The Director shall— 
H. R. 1—36 

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

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

communicate with each other in the event of natural disasters, 

acts of terrorism, and other man-made disasters; 

‘‘(3) provide technical assistance to enable emergency 

response providers to deal with threats and contingencies in 

a variety of environments; 

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

communications access; 

‘‘(5) identify solutions to facilitate communications between 

emergency response providers in communities of differing population densities; and 

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

deems appropriate to foster interoperable emergency communications. 

‘‘(d) DISTRIBUTION OF FUNDS.— ‘‘(1) IN GENERAL.—The Secretary shall distribute funds 

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

community is located. 

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

available promptly to the local and tribal governments and 

emergency response providers selected by the Secretary to 

participate in the demonstration project. 

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

funds under this subsection the State shall report to the 

Director on the status of the distribution of such funds to 

local and tribal governments. 

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

any participant under the demonstration project for more than 

3 years. 

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

shall establish mechanisms to ensure that the information and 

knowledge gained by participants in the demonstration project are 

transferred among the participants and to other interested parties, 

including other communities that submitted applications to the 

participant in the project. 

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

to be appropriated for grants under this section such sums as 

may be necessary.’’. 

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

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

to section 1809 the following: 

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

TITLE IV—STRENGTHENING USE OF 

THE INCIDENT COMMAND SYSTEM 

SEC. 401. DEFINITIONS. 

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

of 2002 (6 U.S.C. 311) is amended— 

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

(12) and (13), respectively; 
H. R. 1—37 

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

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

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

having provided, or providing, respectively, documentation that 

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

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

section 510;’’; 

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

the following: 

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

of equipment, supplies, and facilities available or potentially 

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

or other man-made disaster;’’; 

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

at the end; 

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

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

(7) by adding at the end the following: 

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

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

(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 641 

of the Post-Katrina Emergency Management Reform Act of 2006 

(6 U.S.C. 741) is amended— 

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

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

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

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

terms in section 501 of the Homeland Security Act of 2002 

(6 U.S.C. 311).’’; and 

(3) by adding at the end the following: 

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

given that term in section 501 of the Homeland Security Act 

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

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

resources that refers to the capability of a resource. 

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

the meanings given those terms in section 501 of the Homeland 

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

SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN. 

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

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

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

mutual aid agreements; 

‘‘(v) designed to address the unique requirements 

of populations with special needs, including the elderly; 

and 
H. R. 1—38 

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

reports and plans for quickly incorporating lessons 

learned into future operations; and’’. 

SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES. 

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

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

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

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

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

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

SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL 

FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR PREPAREDNESS. 

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

U.S.C. 317(c)(2)) is amended— 

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

(2) by redesignating subparagraph (I) as subparagraph (K); 

and 

(3) by inserting after subparagraph (H) the following: 

‘‘(I) coordinating with the private sector to help ensure 

private sector preparedness for natural disasters, acts of 

terrorism, and other man-made disasters; 

‘‘(J) assisting State, local, and tribal governments, 

where appropriate, to preidentify and evaluate suitable 

sites where a multijurisdictional incident command system 

may quickly be established and operated from, if the need 

for such a system arises; and’’. 

SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY. 

Section 651 of the Post-Katrina Emergency Management 

Reform Act of 2006 (6 U.S.C. 751) is amended— 

(1) in subsection (b)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘The inventory’’ and inserting ‘‘For each Federal agency 

with responsibilities under the National Response Plan, 

the inventory’’; 

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

(C) by redesignating paragraph (2) as paragraph (4); 

and 

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

‘‘(2) a list of personnel credentialed in accordance with 

section 510 of the Homeland Security Act of 2002 (6 U.S.C. 

320); 

‘‘(3) a list of resources typed in accordance with section 

510 of the Homeland Security Act of 2002 (6 U.S.C. 320); 

and’’; and 

(2) in subsection (d)— 

(A) in paragraph (1), by striking ‘‘capabilities, readiness’’ and all that follows and inserting the following: ‘‘— 

‘‘(A) capabilities; 

‘‘(B) readiness; 

‘‘(C) the compatibility of equipment; 

‘‘(D) credentialed personnel; and 

‘‘(E) typed resources;’’; 
H. R. 1—39 

(B) in paragraph (2), by inserting ‘‘of capabilities, 

credentialed personnel, and typed resources’’ after ‘‘rapid 

deployment’’; and 

(C) in paragraph (3), by striking ‘‘inventories’’ and 

inserting ‘‘the inventory described in subsection (a)’’. 

SEC. 406. REPORTING REQUIREMENTS. 

Section 652(a)(2) of the Post-Katrina Emergency Management 

Reform Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 

103, is further amended— 

(1) in subparagraph (C), by striking ‘‘section 651(a);’’ and 

inserting ‘‘section 651, including the number and type of 

credentialed personnel in each category of personnel trained 

and ready to respond to a natural disaster, act of terrorism, 

or other man-made disaster;’’; 

(2) in subparagraph (D), by striking ‘‘and’’ at the end; 

(3) in subparagraph (E), by striking the period at the 

end and inserting ‘‘; and’’; and 

(4) by adding at the end the following: 

‘‘(F) a discussion of whether the list of credentialed 

personnel of the Agency described in section 651(b)(2)— 

‘‘(i) complies with the strategic human capital plan 

developed under section 10102 of title 5, United States 

Code; and 

‘‘(ii) is sufficient to respond to a natural disaster, 

act of terrorism, or other man-made disaster, including 

a catastrophic incident.’’. 

SEC. 407. FEDERAL PREPAREDNESS. 

Section 653 of the Post-Katrina Emergency Management 

Reform Act of 2006 (6 U.S.C. 753) is amended— 

(1) in subsection (a)— 

(A) in the matter preceding paragraph (1), by striking 

‘‘coordinating, primary, or supporting’’; 

(B) in paragraph (2), by inserting ‘‘, including 

credentialing of personnel and typing of resources likely 

needed to respond to a natural disaster, act of terrorism, 

or other man-made disaster in accordance with section 

510 of the Homeland Security Act of 2002 (6 U.S.C. 320)’’ 

before the semicolon at the end; 

(C) in paragraph (3), by striking ‘‘and’’ at the end; 

(D) in paragraph (4), by striking the period at the 

end and inserting ‘‘; and’’; and 

(E) by adding at the end the following: 

‘‘(5) regularly updates, verifies the accuracy of, and provides 

to the Administrator the information in the inventory required 

under section 651.’’; and 

(2) in subsection (d)— 

(A) by inserting ‘‘to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on 

Transportation and Infrastructure of the House of Representatives’’ after ‘‘The President shall certify’’; and 

(B) by striking ‘‘coordinating, primary, or supporting’’. 

SEC. 408. CREDENTIALING AND TYPING. 

Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 

320) is amended— 
H. R. 1—40 

(1) by striking ‘‘The Administrator’’ and inserting the following: 

‘‘(a) IN GENERAL.—The Administrator’’; 

(2) in subsection (a), as so designated, by striking 

‘‘credentialing of personnel and typing of’’ and inserting ‘‘for 

credentialing and typing of incident management personnel, 

emergency response providers, and other personnel (including 

temporary personnel) and’’; and 

(3) by adding at the end the following: 

‘‘(b) DISTRIBUTION.— 

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

of enactment of the Implementing Recommendations of the 

9/11 Commission Act of 2007, the Administrator shall provide 

the standards developed under subsection (a), including detailed 

written guidance, to— 

‘‘(A) each Federal agency that has responsibilities 

under the National Response Plan to aid that agency with 

credentialing and typing incident management personnel, 

emergency response providers, and other personnel 

(including temporary personnel) and resources likely 

needed to respond to a natural disaster, act of terrorism, 

or other man-made disaster; and 

‘‘(B) State, local, and tribal governments, to aid such 

governments with credentialing and typing of State, local, 

and tribal incident management personnel, emergency 

response providers, and other personnel (including temporary personnel) and resources likely needed to respond 

to a natural disaster, act of terrorism, or other man-made 

disaster. 

‘‘(2) ASSISTANCE.—The Administrator shall provide expertise and technical assistance to aid Federal, State, local, and 

tribal government agencies with credentialing and typing 

incident management personnel, emergency response providers, 

and other personnel (including temporary personnel) and 

resources likely needed to respond to a natural disaster, act 

of terrorism, or other man-made disaster. 

‘‘(c) CREDENTIALING AND TYPING OF PERSONNEL.—Not later 

than 6 months after receiving the standards provided under subsection (b), each Federal agency with responsibilities under the 

National Response Plan shall ensure that incident management 

personnel, emergency response providers, and other personnel 

(including temporary personnel) and resources likely needed to 

respond to a natural disaster, act of terrorism, or other manmade 

disaster are credentialed and typed in accordance with this section. 

‘‘(d) CONSULTATION ON HEALTH CARE STANDARDS.—In developing standards for credentialing health care professionals under 

this section, the Administrator shall consult with the Secretary 

of Health and Human Services.’’. 

SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE WORKERS. 

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

2002 (6 U.S.C. 311 et seq.) is amended by adding at the end 

the following: 
H. R. 1—41 

‘‘SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE WORKERS. 

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

of enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, and in coordination with appropriate 

national professional organizations, Federal, State, local, and tribal 

government agencies, and private-sector and nongovernmental entities, the Administrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be 

used by a State to credential critical infrastructure workers that 

may respond to a natural disaster, act of terrorism, or other manmade disaster. 

‘‘(b) DISTRIBUTION AND ASSISTANCE.—The Administrator shall 

provide the standards developed under subsection (a), including 

detailed written guidance, to State, local, and tribal governments, 

and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure workers that may 

respond to a natural disaster, act of terrorism, or other manmade 

disaster.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

contents in section 1(b) of the Homeland Security Act of 2002 

(6 U.S.C. 101(b)) is amended by inserting after the item relating 

to section 521 the following: 

‘‘Sec. 522. Model standards and guidelines for critical infrastructure workers.’’. 

SEC. 410. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated such sums as necessary 

to carry out this title and the amendments made by this title. 

TITLE V—IMPROVING INTELLIGENCE 

AND INFORMATION SHARING WITHIN 

THE FEDERAL GOVERNMENT AND 

WITH STATE, LOCAL, AND TRIBAL 

GOVERNMENTS 

Subtitle A—Homeland Security 

Information Sharing Enhancement 

SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION 

SHARING. 

(a) ADVISORY SYSTEM AND INFORMATION SHARING.— (1) IN GENERAL.—Subtitle A of title II of the Homeland 

Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 

adding at the end the following: 

‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 

‘‘(a) REQUIREMENT.—The Secretary shall administer the Homeland Security Advisory System in accordance with this section to 

provide advisories or warnings regarding the threat or risk that 

acts of terrorism will be committed on the homeland to Federal, 

State, local, and tribal government authorities and to the people 

of the United States, as appropriate. The Secretary shall exercise 

primary responsibility for providing such advisories or warnings. 
H. R. 1—42 

‘‘(b) REQUIRED ELEMENTS.—In administering the Homeland 

Security Advisory System, the Secretary shall— 

‘‘(1) establish criteria for the issuance and revocation of 

such advisories or warnings; 

‘‘(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation 

of such advisories or warnings; 

‘‘(3) provide, in each such advisory or warning, specific 

information and advice regarding appropriate protective measures and countermeasures that may be taken in response to 

the threat or risk, at the maximum level of detail practicable 

to enable individuals, government entities, emergency response 

providers, and the private sector to act appropriately; 

‘‘(4) whenever possible, limit the scope of each such advisory 

or warning to a specific region, locality, or economic sector 

believed to be under threat or at risk; and 

‘‘(5) not, in issuing any advisory or warning, use color 

designations as the exclusive means of specifying homeland 

security threat conditions that are the subject of the advisory 

or warning. 

‘‘SEC. 204. HOMELAND SECURITY INFORMATION SHARING. 

‘‘(a) INFORMATION SHARING.—Consistent with section 1016 of 

the Intelligence Reform and Terrorism Prevention Act of 2004 (6 

U.S.C. 485), the Secretary, acting through the Under Secretary 

for Intelligence and Analysis, shall integrate the information and 

standardize the format of the products of the intelligence components of the Department containing homeland security information, 

terrorism information, weapons of mass destruction information, 

or national intelligence (as defined in section 3(5) of the National 

Security Act of 1947 (50 U.S.C. 401a(5))) except for any internal 

security protocols or personnel information of such intelligence 

components, or other administrative processes that are administered by any chief security officer of the Department. 

‘‘(b) INFORMATION SHARING AND KNOWLEDGE MANAGEMENT

OFFICERS.—For each intelligence component of the Department, 

the Secretary shall designate an information sharing and knowledge 

management officer who shall report to the Under Secretary for 

Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland 

security information or national intelligence (as defined in section 

3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))). 

‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMATION.— 

‘‘(1) ESTABLISHMENT OF BUSINESS PROCESSES.—The Secretary, acting through the Under Secretary for Intelligence 

and Analysis or the Assistant Secretary for Infrastructure 

Protection, as appropriate, shall— 

‘‘(A) establish Department-wide procedures for the 

review and analysis of information provided by State, local, 

and tribal governments and the private sector; 

‘‘(B) as appropriate, integrate such information into 

the information gathered by the Department and other 

departments and agencies of the Federal Government; and 

‘‘(C) make available such information, as appropriate, 

within the Department and to other departments and agencies of the Federal Government. 
H. R. 1—43 

‘‘(2) FEEDBACK.—The Secretary shall develop mechanisms 

to provide feedback regarding the analysis and utility of 

information provided by any entity of State, local, or tribal 

government or the private sector that provides such information 

to the Department. 

‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.— 

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

Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall provide to employees of the Department opportunities for training 

and education to develop an understanding of— 

‘‘(A) the definitions of homeland security information 

and national intelligence (as defined in section 3(5) of the 

National Security Act of 1947 (50 U.S.C. 401a(5))); and 

‘‘(B) how information available to such employees as 

part of their duties— 

‘‘(i) might qualify as homeland security information 

or national intelligence; and 

‘‘(ii) might be relevant to the Office of Intelligence 

and Analysis and the intelligence components of the 

Department. 

‘‘(2) EVALUATIONS.—The Under Secretary for Intelligence 

and Analysis shall— 

‘‘(A) on an ongoing basis, evaluate how employees of 

the Office of Intelligence and Analysis and the intelligence 

components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this title, and 

participating in the information sharing environment established under section 1016 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (6 U.S.C. 485); and 

‘‘(B) provide to the appropriate component heads regular reports regarding the evaluations under subparagraph 

(A). 

‘‘SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK 

ARCHITECTURE. 

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

Secretary for Intelligence and Analysis, shall establish, consistent 

with the policies and procedures developed under section 1016 

of the Intelligence Reform and Terrorism Prevention Act of 2004 

(6 U.S.C. 485), and consistent with the enterprise architecture 

of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that 

connects the various databases and related information technology 

assets of the Office of Intelligence and Analysis and the intelligence 

components of the Department in order to promote internal information sharing among the intelligence and other personnel of the 

Department. 

‘‘(b) COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK

ARCHITECTURE DEFINED.—The term ‘comprehensive information 

technology network architecture’ means an integrated framework 

for evolving or maintaining existing information technology and 

acquiring new information technology to achieve the strategic 

management and information resources management goals of the 

Office of Intelligence and Analysis. 
H. R. 1—44 

‘‘SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT. 

‘‘(a) GUIDANCE.—All activities to comply with sections 203, 204, 

and 205 shall be— 

‘‘(1) consistent with any policies, guidelines, procedures, 

instructions, or standards established under section 1016 of 

the Intelligence Reform and Terrorism Prevention Act of 2004 

(6 U.S.C. 485); 

‘‘(2) implemented in coordination with, as appropriate, the 

program manager for the information sharing environment 

established under that section; 

‘‘(3) consistent with any applicable guidance issued by the 

Director of National Intelligence; and 

‘‘(4) consistent with any applicable guidance issued by the 

Secretary relating to the protection of law enforcement information or proprietary information. 

‘‘(b) CONSULTATION.—In carrying out the duties and responsibilities under this subtitle, the Under Secretary for Intelligence and 

Analysis shall take into account the views of the heads of the 

intelligence components of the Department.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENTS.— (A) IN GENERAL.—Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended— 

(i) by striking paragraph (7); and 

(ii) by redesignating paragraphs (8) through (19) 

as paragraphs (7) through (18), respectively. 

(B) TABLE OF CONTENTS.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

101 et seq.) is amended by inserting after the item relating 

to section 202 the following: 

‘‘Sec. 203. Homeland Security Advisory System. 

‘‘Sec. 204. Homeland security information sharing. 

‘‘Sec. 205. Comprehensive information technology network architecture. 

‘‘Sec. 206. Coordination with information sharing environment.’’. 

(b) OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF

INFRASTRUCTURE PROTECTION.—Section 201(d) of the Homeland 

Security Act of 2002 (6 U.S.C. 121(d)) is amended— 

(1) in paragraph (1), by inserting ‘‘, in support of the 

mission responsibilities of the Department and the functions 

of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 404o),’’ 

after ‘‘and to integrate such information’’; and 

(2) by striking paragraph (7), as redesignated by subsection 

(a)(2)(A)(ii) of this section, and inserting the following: 

‘‘(7) To review, analyze, and make recommendations for 

improvements to the policies and procedures governing the 

sharing of information within the scope of the information 

sharing environment established under section 1016 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (6 

U.S.C. 485), including homeland security information, terrorism 

information, and weapons of mass destruction information, and 

any policies, guidelines, procedures, instructions, or standards 

established under that section.’’. 

(c) REPORT ON COMPREHENSIVE INFORMATION TECHNOLOGY

NETWORK ARCHITECTURE.—Not later than 120 days after the date 

of enactment of this Act, the Secretary of Homeland Security shall 

submit to the Committee on Homeland Security and Governmental 
H. R. 1—45 

Affairs of the Senate and the Committee on Homeland Security 

of the House of Representatives a report on the progress of the 

Secretary in developing the comprehensive information technology 

network architecture required under section 205 of the Homeland 

Security Act of 2002, as added by subsection (a). The report shall 

include— 

(1) a description of the priorities for the development of 

the comprehensive information technology network architecture 

and a rationale for such priorities; 

(2) an explanation of how the various components of the 

comprehensive information technology network architecture 

will work together and interconnect; 

(3) a description of the technological challenges that the 

Secretary expects the Office of Intelligence and Analysis will 

face in implementing the comprehensive information technology 

network architecture; 

(4) a description of the technological options that are available or are in development that may be incorporated into the 

comprehensive information technology network architecture, 

the feasibility of incorporating such options, and the advantages 

and disadvantages of doing so; 

(5) an explanation of any security protections to be developed as part of the comprehensive information technology network architecture; 

(6) a description of safeguards for civil liberties and privacy 

to be built into the comprehensive information technology network architecture; and 

(7) an operational best practices plan. 

SEC. 502. INTELLIGENCE COMPONENT DEFINED. 

(a) IN GENERAL.—Section 2 of the Homeland Security Act of 

2002 (6 U.S.C. 101) is amended— 

(1) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and 

(2) by inserting after paragraph (8) the following: 

‘‘(9) The term ‘intelligence component of the Department’ 

means any element or entity of the Department that collects, 

gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing 

environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3(5) 

of the National Security Act of 1947 (50 U.S.C. 401a(5)), 

except— 

‘‘(A) the United States Secret Service; and 

‘‘(B) the Coast Guard, when operating under the direct 

authority of the Secretary of Defense or Secretary of the 

Navy pursuant to section 3 of title 14, United States Code, 

except that nothing in this paragraph shall affect or 

diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the 

Coast Guard as an armed force or the authority of the 

Director of National Intelligence with respect to the Coast 

Guard as an element of the intelligence community (as 

defined under section 3(4) of the National Security Act 

of 1947 (50 U.S.C. 401a(4)).’’. 
H. R. 1—46 

(b) RECEIPT OF INFORMATION FROM UNITED STATES SECRET

SERVICE.— 

(1) IN GENERAL.—The Under Secretary for Intelligence and 

Analysis shall receive from the United States Secret Service 

homeland security information, terrorism information, weapons 

of mass destruction information (as these terms are defined 

in Section 1016 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (6 U.S.C. 485)), or national intelligence, 

as defined in Section 3(5) of the National Security Act of 1947 

(50 U.S.C. 401a(5)), as well as suspect information obtained 

in criminal investigations. The United States Secret Service 

shall cooperate with the Under Secretary for Intelligence and 

Analysis with respect to activities under sections 204 and 205 

of the Homeland Security Act of 2002. 

(2) SAVINGS CLAUSE.—Nothing in this Act shall interfere 

with the operation of Section 3056(g) of Title 18, United States 

Code, or with the authority of the Secretary of Homeland Security or the Director of the United States Secret Service 

regarding the budget of the United States Secret Service. 

(c) TECHNICAL AND CONFORMING AMENDMENTS.— (1) HOMELAND SECURITY ACT OF 2002.—Paragraph (13) of 

section 501 of the Homeland Security Act of 2002 (6 U.S.C. 

311), as redesignated by section 401, is amended by striking 

‘‘section 2(10)(B)’’ and inserting ‘‘section 2(11)(B)’’. 

(2) OTHER LAW.—Section 712(a) of title 14, United States 

Code, is amended by striking ‘‘section 2(15) of the Homeland 

Security Act of 2002 (6 U.S.C. 101(15))’’ and inserting ‘‘section 

2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))’’. 

SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND 

INFORMATION SHARING. 

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 

Act of 2002 is further amended by adding at the end the following: 

‘‘SEC. 207. INTELLIGENCE COMPONENTS. 

‘‘Subject to the direction and control of the Secretary, and 

consistent with any applicable guidance issued by the Director 

of National Intelligence, the responsibilities of the head of each 

intelligence component of the Department are as follows: 

‘‘(1) To ensure that the collection, processing, analysis, 

and dissemination of information within the scope of the 

information sharing environment, including homeland security 

information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section 

3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))), 

are carried out effectively and efficiently in support of the 

intelligence mission of the Department, as led by the Under 

Secretary for Intelligence and Analysis. 

‘‘(2) To otherwise support and implement the intelligence 

mission of the Department, as led by the Under Secretary 

for Intelligence and Analysis. 

‘‘(3) To incorporate the input of the Under Secretary for 

Intelligence and Analysis with respect to performance 

appraisals, bonus or award recommendations, pay adjustments, 

and other forms of commendation. 

‘‘(4) To coordinate with the Under Secretary for Intelligence 

and Analysis in developing policies and requirements for the 
H. R. 1—47 

recruitment and selection of intelligence officials of the intelligence component. 

‘‘(5) To advise and coordinate with the Under Secretary 

for Intelligence and Analysis on any plan to reorganize or 

restructure the intelligence component that would, if implemented, result in realignments of intelligence functions. 

‘‘(6) To ensure that employees of the intelligence component 

have knowledge of, and comply with, the programs and policies 

established by the Under Secretary for Intelligence and Analysis and other appropriate officials of the Department and 

that such employees comply with all applicable laws and regulations. 

‘‘(7) To perform such other activities relating to such 

responsibilities as the Secretary may provide. 

‘‘SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS. 

‘‘The Secretary shall provide training and guidance for 

employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, 

operations, policies, procedures, and programs that are related to 

the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope 

of the information sharing environment, including homeland security information, terrorism information, and weapons of mass 

destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))). 

‘‘SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND 

LOCAL GOVERNMENT OFFICIALS. 

‘‘(a) CURRICULUM.—The Secretary, acting through the Under 

Secretary for Intelligence and Analysis, shall— 

‘‘(1) develop a curriculum for training State, local, and 

tribal government officials, including law enforcement officers, 

intelligence analysts, and other emergency response providers, 

in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and 

‘‘(2) ensure that the curriculum includes executive level 

training for senior level State, local, and tribal law enforcement 

officers, intelligence analysts, and other emergency response 

providers. 

‘‘(b) TRAINING.—To the extent possible, the Federal Law 

Enforcement Training Center and other existing Federal entities 

with the capacity and expertise to train State, local, and tribal 

government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created 

under this section. If such entities do not have the capacity, 

resources, or capabilities to conduct such training, the Secretary 

may approve another entity to conduct such training. 

‘‘(c) CONSULTATION.—In carrying out the duties described in 

subsection (a), the Under Secretary for Intelligence and Analysis 

shall consult with the Director of the Federal Law Enforcement 

Training Center, the Attorney General, the Director of National 

Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private 

industry, institutions of higher education, nonprofit institutions, 

and other intelligence agencies of the Federal Government. 
H. R. 1—48 

‘‘SEC. 210. INFORMATION SHARING INCENTIVES. 

‘‘(a) AWARDS.—In making cash awards under chapter 45 of 

title 5, United States Code, the President or the head of an agency, 

in consultation with the program manager designated under section 

1016 of the Intelligence Reform and Terrorism Prevention Act of 

2004 (6 U.S.C. 485), may consider the success of an employee 

in appropriately sharing information within the scope of the 

information sharing environment established under that section, 

including homeland security information, terrorism information, 

and weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act 

of 1947 (50 U.S.C. 401a(5)), in a manner consistent with any policies, guidelines, procedures, instructions, or standards established 

by the President or, as appropriate, the program manager of that 

environment for the implementation and management of that 

environment. 

‘‘(b) OTHER INCENTIVES.—The head of each department or 

agency described in section 1016(i) of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation 

with the program manager designated under section 1016 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 

485), shall adopt best practices regarding effective ways to educate 

and motivate officers and employees of the Federal Government 

to participate fully in the information sharing environment, 

including— 

‘‘(1) promotions and other nonmonetary awards; and 

‘‘(2) publicizing information sharing accomplishments by 

individual employees and, where appropriate, the tangible end 

benefits that resulted.’’. 

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

1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

is amended further by inserting after the item relating to section 

206 the following: 

‘‘Sec. 207. Intelligence components. 

‘‘Sec. 208. Training for employees of intelligence components. 

‘‘Sec. 209. Intelligence training development for State and local government officials. 

‘‘Sec. 210. Information sharing incentives.’’. 

SEC. 504. INFORMATION SHARING. 

Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (1) through (4) as 

paragraphs (2) through (5), respectively; 

(B) by inserting before paragraph (2), as so redesignated, the following: 

‘‘(1) HOMELAND SECURITY INFORMATION.—The term ‘homeland security information’ has the meaning given that term 

in section 892(f) of the Homeland Security Act of 2002 (6 

U.S.C. 482(f)).’’; 

(C) by striking paragraph (3), as so redesignated, and 

inserting the following: 

‘‘(3) INFORMATION SHARING ENVIRONMENT.—The terms 

‘information sharing environment’ and ‘ISE’ mean an approach 

that facilitates the sharing of terrorism and homeland security 

information, which may include any method determined necessary and appropriate for carrying out this section.’’; 
H. R. 1—49 

(D) by striking paragraph (5), as so redesignated, and 

inserting the following: 

‘‘(5) TERRORISM INFORMATION.—The term ‘terrorism 

information’— 

‘‘(A) means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to— 

‘‘(i) the existence, organization, capabilities, plans, 

intentions, vulnerabilities, means of finance or material 

support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or 

individuals involved in transnational terrorism; 

‘‘(ii) threats posed by such groups or individuals 

to the United States, United States persons, or United 

States interests, or to those of other nations; 

‘‘(iii) communications of or by such groups or 

individuals; or 

‘‘(iv) groups or individuals reasonably believed to 

be assisting or associated with such groups or individuals; and 

‘‘(B) includes weapons of mass destruction information.’’; and 

(E) by adding at the end the following: 

‘‘(6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The 

term ‘weapons of mass destruction information’ means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction 

(including a chemical, biological, radiological, or nuclear 

weapon) that could be used by a terrorist or a terrorist organization against the United States, including information about 

the location of any stockpile of nuclear materials that could 

be exploited for use in such a weapon that could be used 

by a terrorist or a terrorist organization against the United 

States.’’; 

(2) in subsection (b)(2)— 

(A) in subparagraph (H), by striking ‘‘and’’ at the end; 

(B) in subparagraph (I), by striking the period at the 

end and inserting a semicolon; and 

(C) by adding at the end the following: 

‘‘(J) integrates the information within the scope of the 

information sharing environment, including any such 

information in legacy technologies; 

‘‘(K) integrates technologies, including all legacy technologies, through Internet-based services, consistent with 

appropriate security protocols and safeguards, to enable 

connectivity among required users at the Federal, State, 

and local levels; 

‘‘(L) allows the full range of analytic and operational 

activities without the need to centralize information within 

the scope of the information sharing environment; 

‘‘(M) permits analysts to collaborate both independently 

and in a group (commonly known as ‘collective and noncollective collaboration’), and across multiple levels of 

national security information and controlled unclassified 

information; 

‘‘(N) provides a resolution process that enables changes 

by authorized officials regarding rules and policies for the 
H. R. 1—50 

access, use, and retention of information within the scope 

of the information sharing environment; and 

‘‘(O) incorporates continuous, real-time, and immutable 

audit capabilities, to the maximum extent practicable.’’; 

(3) in subsection (f)— 

(A) in paragraph (1)— 

(i) by striking ‘‘during the two-year period beginning on the date of designation under this paragraph 

unless sooner removed from service and replaced’’ and 

inserting ‘‘until removed from service or replaced’’; and 

(ii) by striking ‘‘The program manager shall have 

and exercise governmentwide authority.’’ and inserting 

‘‘The program manager, in consultation with the head 

of any affected department or agency, shall have and 

exercise governmentwide authority over the sharing 

of information within the scope of the information 

sharing environment, including homeland security 

information, terrorism information, and weapons of 

mass destruction information, by all Federal departments, agencies, and components, irrespective of the 

Federal department, agency, or component in which 

the program manager may be administratively located, 

except as otherwise expressly provided by law.’’; and 

(B) in paragraph (2)(A)— 

(i) by redesignating clause (iii) as clause (v); and 

(ii) by striking clause (ii) and inserting the following: 

‘‘(ii) assist in the development of policies, as appropriate, to foster the development and proper operation 

of the ISE; 

‘‘(iii) consistent with the direction and policies 

issued by the President, the Director of National Intelligence, and the Director of the Office of Management 

and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper 

operation of the ISE; 

‘‘(iv) identify and resolve information sharing disputes between Federal departments, agencies, and 

components; and’’; 

(4) in subsection (g)— 

(A) in paragraph (1), by striking ‘‘during the two-year 

period beginning on the date of the initial designation 

of the program manager by the President under subsection 

(f)(1), unless sooner removed from service and replaced’’ 

and inserting ‘‘until removed from service or replaced’’; 

(B) in paragraph (2)— 

(i) in subparagraph (F), by striking ‘‘and’’ at the 

end; 

(ii) by redesignating subparagraph (G) as subparagraph (I); and 

(iii) by inserting after subparagraph (F) the following: 

‘‘(G) assist the program manager in identifying and 

resolving information sharing disputes between Federal 

departments, agencies, and components; 
H. R. 1—51 

‘‘(H) identify appropriate personnel for assignment to 

the program manager to support staffing needs identified 

by the program manager; and’’; 

(C) in paragraph (4), by inserting ‘‘(including any subsidiary group of the Information Sharing Council)’’ before 

‘‘shall not be subject’’; and 

(D) by adding at the end the following: 

‘‘(5) DETAILEES.—Upon a request by the Director of 

National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to 

the program manager, on a reimbursable basis, appropriate 

personnel identified under paragraph (2)(H).’’; 

(5) in subsection (h)(1), by striking ‘‘and annually thereafter’’ and inserting ‘‘and not later than June 30 of each year 

thereafter’’; and 

(6) by striking subsection (j) and inserting the following: 

‘‘(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.— 

‘‘(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of the Implementing Recommendations of the 

9/11 Commission Act of 2007, the President shall report to 

the Committee on Homeland Security and Governmental 

Affairs of the Senate, the Select Committee on Intelligence 

of the Senate, the Committee on Homeland Security of the 

House of Representatives, and the Permanent Select Committee 

on Intelligence of the House of Representatives on the feasibility 

of— 

‘‘(A) eliminating the use of any marking or process 

(including ‘Originator Control’) intended to, or having the 

effect of, restricting the sharing of information within the 

scope of the information sharing environment, including 

homeland security information, terrorism information, and 

weapons of mass destruction information, between and 

among participants in the information sharing environment, unless the President has— 

‘‘(i) specifically exempted categories of information 

from such elimination; and 

‘‘(ii) reported that exemption to the committees 

of Congress described in the matter preceding this 

subparagraph; and 

‘‘(B) continuing to use Federal agency standards in 

effect on such date of enactment for the collection, sharing, 

and access to information within the scope of the information sharing environment, including homeland security 

information, terrorism information, and weapons of mass 

destruction information, relating to citizens and lawful 

permanent residents; 

‘‘(C) replacing the standards described in subparagraph 

(B) with a standard that would allow mission-based or 

threat-based permission to access or share information 

within the scope of the information sharing environment, 

including homeland security information, terrorism 

information, and weapons of mass destruction information, 

for a particular purpose that the Federal Government, 

through an appropriate process established in consultation 

with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully 
H. R. 1—52 

permissible for a particular agency, component, or employee 

(commonly known as an ‘authorized use’ standard); and 

‘‘(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing, 

disseminating, or handling information within the scope 

of the information sharing environment, including homeland security information, terrorism information, and 

weapons of mass destruction information, in any cases 

in which— 

‘‘(i) the use of such information is reasonably 

expected to produce results materially equivalent to 

the use of information that is transferred or stored 

in a non-anonymized form; and 

‘‘(ii) such use is consistent with any mission of 

that department, agency, or component (including any 

mission under a Federal statute or directive of the 

President) that involves the storage, retention, sharing, 

or exchange of personally identifiable information. 

‘‘(2) DEFINITION.—In this subsection, the term ‘anonymized 

data’ means data in which the individual to whom the data 

pertains is not identifiable with reasonable efforts, including 

information that has been encrypted or hidden through the 

use of other technology. 

‘‘(k) ADDITIONAL POSITIONS.—The program manager is authorized to hire not more than 40 full-time employees to assist the 

program manager in— 

‘‘(1) activities associated with the implementation of the 

information sharing environment, including— 

‘‘(A) implementing the requirements under subsection 

(b)(2); and 

‘‘(B) any additional implementation initiatives to 

enhance and expedite the creation of the information 

sharing environment; and 

‘‘(2) identifying and resolving information sharing disputes 

between Federal departments, agencies, and components under 

subsection (f)(2)(A)(iv). 

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

to be appropriated to carry out this section $30,000,000 for each 

of fiscal years 2008 and 2009.’’. 

Subtitle B—Homeland Security 

Information Sharing Partnerships 

SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND 

REGIONAL FUSION CENTER INITIATIVE. 

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 

Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding 

at the end the following: 

‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, 

AND REGIONAL FUSION CENTER INITIATIVE. 

‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the 

program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the 

Privacy Officer of the Department, the Officer for Civil Rights 
H. R. 1—53 

and Civil Liberties of the Department, and the Privacy and Civil 

Liberties Oversight Board established under section 1061 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 

601 note), shall establish a Department of Homeland Security State, 

Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers. 

‘‘(b) DEPARTMENT SUPPORT AND COORDINATION.—Through the 

Department of Homeland Security State, Local, and Regional Fusion 

Center Initiative, and in coordination with the principal officials 

of participating State, local, or regional fusion centers and the 

officers designated as the Homeland Security Advisors of the States, 

the Secretary shall— 

‘‘(1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers; 

‘‘(2) support efforts to include State, local, and regional 

fusion centers into efforts to establish an information sharing 

environment; 

‘‘(3) conduct tabletop and live training exercises to regularly 

assess the capability of individual and regional networks of 

State, local, and regional fusion centers to integrate the efforts 

of such networks with the efforts of the Department; 

‘‘(4) coordinate with other relevant Federal entities engaged 

in homeland security-related activities; 

‘‘(5) provide analytic and reporting advice and assistance 

to State, local, and regional fusion centers; 

‘‘(6) review information within the scope of the information 

sharing environment, including homeland security information, 

terrorism information, and weapons of mass destruction 

information, that is gathered by State, local, and regional fusion 

centers, and to incorporate such information, as appropriate, 

into the Department’s own such information; 

‘‘(7) provide management assistance to State, local, and 

regional fusion centers; 

‘‘(8) serve as a point of contact to ensure the dissemination 

of information within the scope of the information sharing 

environment, including homeland security information, terrorism information, and weapons of mass destruction information; 

‘‘(9) facilitate close communication and coordination 

between State, local, and regional fusion centers and the 

Department; 

‘‘(10) provide State, local, and regional fusion centers with 

expertise on Department resources and operations; 

‘‘(11) provide training to State, local, and regional fusion 

centers and encourage such fusion centers to participate in 

terrorism threat-related exercises conducted by the Department; and 

‘‘(12) carry out such other duties as the Secretary determines are appropriate. 

‘‘(c) PERSONNEL ASSIGNMENT.— 

‘‘(1) IN GENERAL.—The Under Secretary for Intelligence 

and Analysis shall, to the maximum extent practicable, assign 

officers and intelligence analysts from components of the 

Department to participating State, local, and regional fusion 

centers. 

‘‘(2) PERSONNEL SOURCES.—Officers and intelligence 

analysts assigned to participating fusion centers under this 
H. R. 1—54 

subsection may be assigned from the following Department 

components, in coordination with the respective component 

head and in consultation with the principal officials of participating fusion centers: 

‘‘(A) Office of Intelligence and Analysis. 

‘‘(B) Office of Infrastructure Protection. 

‘‘(C) Transportation Security Administration. 

‘‘(D) United States Customs and Border Protection. 

‘‘(E) United States Immigration and Customs Enforcement. 

‘‘(F) United States Coast Guard. 

‘‘(G) Other components of the Department, as determined by the Secretary. 

‘‘(3) QUALIFYING CRITERIA.— 

‘‘(A) IN GENERAL.—The Secretary shall develop qualifying criteria for a fusion center to participate in the 

assigning of Department officers or intelligence analysts 

under this section. 

‘‘(B) CRITERIA.—Any criteria developed under subparagraph (A) may include— 

‘‘(i) whether the fusion center, through its mission 

and governance structure, focuses on a broad 

counterterrorism approach, and whether that broad 

approach is pervasive through all levels of the 

organization; 

‘‘(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad 

counterterrorism mission; 

‘‘(iii) whether the fusion center has— 

‘‘(I) access to relevant law enforcement, emergency response, private sector, open source, and 

national security data; and 

‘‘(II) the ability to share and analytically utilize that data for lawful purposes; 

‘‘(iv) whether the fusion center is adequately 

funded by the State, local, or regional government 

to support its counterterrorism mission; and 

‘‘(v) the relevancy of the mission of the fusion 

center to the particular source component of Department officers or intelligence analysts. 

‘‘(4) PREREQUISITE.— 

‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES TRAINING.—Before being assigned to a fusion center 

under this section, an officer or intelligence analyst shall 

undergo— 

‘‘(i) appropriate intelligence analysis or information 

sharing training using an intelligence-led policing curriculum that is consistent with— 

‘‘(I) standard training and education programs 

offered to Department law enforcement and intelligence personnel; and 

‘‘(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of 

Federal Regulations (or any corresponding similar 

rule or regulation); 
H. R. 1—55 

‘‘(ii) appropriate privacy and civil liberties training 

that is developed, supported, or sponsored by the Privacy Officer appointed under section 222 and the 

Officer for Civil Rights and Civil Liberties of the 

Department, in consultation with the Privacy and Civil 

Liberties Oversight Board established under section 

1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); and 

‘‘(iii) such other training prescribed by the Under 

Secretary for Intelligence and Analysis. 

‘‘(B) PRIOR WORK EXPERIENCE IN AREA.—In determining 

the eligibility of an officer or intelligence analyst to be 

assigned to a fusion center under this section, the Under 

Secretary for Intelligence and Analysis shall consider the 

familiarity of the officer or intelligence analyst with the 

State, locality, or region, as determined by such factors 

as whether the officer or intelligence analyst— 

‘‘(i) has been previously assigned in the geographic 

area; or 

‘‘(ii) has previously worked with intelligence officials or law enforcement or other emergency response 

providers from that State, locality, or region. 

‘‘(5) EXPEDITED SECURITY CLEARANCE PROCESSING.—The 

Under Secretary for Intelligence and Analysis— 

‘‘(A) shall ensure that each officer or intelligence 

analyst assigned to a fusion center under this section has 

the appropriate security clearance to contribute effectively 

to the mission of the fusion center; and 

‘‘(B) may request that security clearance processing 

be expedited for each such officer or intelligence analyst 

and may use available funds for such purpose. 

‘‘(6) FURTHER QUALIFICATIONS.—Each officer or intelligence 

analyst assigned to a fusion center under this section shall 

satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe. 

‘‘(d) RESPONSIBILITIES.—An officer or intelligence analyst 

assigned to a fusion center under this section shall— 

‘‘(1) assist law enforcement agencies and other emergency 

response providers of State, local, and tribal governments and 

fusion center personnel in using information within the scope 

of the information sharing environment, including homeland 

security information, terrorism information, and weapons of 

mass destruction information, to develop a comprehensive and 

accurate threat picture; 

‘‘(2) review homeland security-relevant information from 

law enforcement agencies and other emergency response providers of State, local, and tribal government; 

‘‘(3) create intelligence and other information products 

derived from such information and other homeland securityrelevant information provided by the Department; and 

‘‘(4) assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis, 

to law enforcement agencies and other emergency response 

providers of State, local, and tribal government, other fusion 

centers, and appropriate Federal agencies. 

‘‘(e) BORDER INTELLIGENCE PRIORITY.— 
H. R. 1—56 

‘‘(1) IN GENERAL.—The Secretary shall make it a priority 

to assign officers and intelligence analysts under this section 

from United States Customs and Border Protection, United 

States Immigration and Customs Enforcement, and the Coast 

Guard to participating State, local, and regional fusion centers 

located in jurisdictions along land or maritime borders of the 

United States in order to enhance the integrity of and security 

at such borders by helping Federal, State, local, and tribal 

law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that 

pose a threat to homeland security. 

‘‘(2) BORDER INTELLIGENCE PRODUCTS.—When performing 

the responsibilities described in subsection (d), officers and 

intelligence analysts assigned to participating State, local, and 

regional fusion centers under this section shall have, as a 

primary responsibility, the creation of border intelligence products that— 

‘‘(A) assist State, local, and tribal law enforcement 

agencies in deploying their resources most efficiently to 

help detect and interdict terrorists, weapons of mass 

destruction, and related contraband at land or maritime 

borders of the United States; 

‘‘(B) promote more consistent and timely sharing of 

border security-relevant information among jurisdictions 

along land or maritime borders of the United States; and 

‘‘(C) enhance the Department’s situational awareness 

of the threat of acts of terrorism at or involving the land 

or maritime borders of the United States. 

‘‘(f) DATABASE ACCESS.—In order to fulfill the objectives 

described under subsection (d), each officer or intelligence analyst 

assigned to a fusion center under this section shall have appropriate 

access to all relevant Federal databases and information systems, 

consistent with any policies, guidelines, procedures, instructions, 

or standards established by the President or, as appropriate, the 

program manager of the information sharing environment for the 

implementation and management of that environment. 

‘‘(g) CONSUMER FEEDBACK.— 

‘‘(1) IN GENERAL.—The Secretary shall create a voluntary 

mechanism for any State, local, or tribal law enforcement officer 

or other emergency response provider who is a consumer of 

the intelligence or other information products referred to in 

subsection (d) to provide feedback to the Department on the 

quality and utility of such intelligence products. 

‘‘(2) REPORT.—Not later than one year after the date of 

the enactment of the Implementing Recommendations of the 

9/11 Commission Act of 2007, and annually thereafter, the 

Secretary shall submit to the Committee on Homeland Security 

and Governmental Affairs of the Senate and the Committee 

on Homeland Security of the House of Representatives a report 

that includes a description of the consumer feedback obtained 

under paragraph (1) and, if applicable, how the Department 

has adjusted its production of intelligence products in response 

to that consumer feedback. 

‘‘(h) RULE OF CONSTRUCTION.— 

‘‘(1) IN GENERAL.—The authorities granted under this section shall supplement the authorities granted under section 
H. R. 1—57 

201(d) and nothing in this section shall be construed to abrogate 

the authorities granted under section 201(d). 

‘‘(2) PARTICIPATION.—Nothing in this section shall be construed to require a State, local, or regional government or 

entity to accept the assignment of officers or intelligence 

analysts of the Department into the fusion center of that State, 

locality, or region. 

‘‘(i) GUIDELINES.—The Secretary, in consultation with the 

Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall— 

‘‘(1) collaboratively develop a mission statement, identify 

expectations and goals, measure performance, and determine 

effectiveness for that fusion center; 

‘‘(2) create a representative governance structure that 

includes law enforcement officers and other emergency response 

providers and, as appropriate, the private sector; 

‘‘(3) create a collaborative environment for the sharing of 

intelligence and information among Federal, State, local, and 

tribal government agencies (including law enforcement officers 

and other emergency response providers), the private sector, 

and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President 

or, as appropriate, the program manager of the information 

sharing environment; 

‘‘(4) leverage the databases, systems, and networks available from public and private sector entities, in accordance with 

all applicable laws, to maximize information sharing; 

‘‘(5) develop, publish, and adhere to a privacy and civil 

liberties policy consistent with Federal, State, and local law; 

‘‘(6) provide, in coordination with the Privacy Officer of 

the Department and the Officer for Civil Rights and Civil 

Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector 

representatives at the fusion center; 

‘‘(7) ensure appropriate security measures are in place for 

the facility, data, and personnel; 

‘‘(8) select and train personnel based on the needs, mission, 

goals, and functions of that fusion center; 

‘‘(9) offer a variety of intelligence and information services 

and products to recipients of fusion center intelligence and 

information; and 

‘‘(10) incorporate law enforcement officers, other emergency 

response providers, and, as appropriate, the private sector, 

into all relevant phases of the intelligence and fusion process, 

consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison 

relationships with the fusion center to enable the receipt and 

sharing of information and intelligence. 

‘‘(j) DEFINITIONS.—In this section— 

‘‘(1) the term ‘fusion center’ means a collaborative effort 

of 2 or more Federal, State, local, or tribal government agencies 

that combines resources, expertise, or information with the 

goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity; 
H. R. 1—58 

‘‘(2) the term ‘information sharing environment’ means the 

information sharing environment established under section 

1016 of the Intelligence Reform and Terrorism Prevention Act 

of 2004 (6 U.S.C. 485); 

‘‘(3) the term ‘intelligence analyst’ means an individual 

who regularly advises, administers, supervises, or performs 

work in the collection, gathering, analysis, evaluation, 

reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, 

or military conditions, trends, or forces in foreign or domestic 

areas that directly or indirectly affect national security; 

‘‘(4) the term ‘intelligence-led policing’ means the collection 

and analysis of information to produce an intelligence end 

product designed to inform law enforcement decision making 

at the tactical and strategic levels; and 

‘‘(5) the term ‘terrorism information’ has the meaning given 

that term in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). 

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

to be appropriated $10,000,000 for each of fiscal years 2008 through 

2012, to carry out this section, except for subsection (i), including 

for hiring officers and intelligence analysts to replace officers and 

intelligence analysts who are assigned to fusion centers under this 

section.’’. 

(b) TRAINING FOR PREDEPLOYED OFFICERS AND ANALYSTS.— 

An officer or analyst assigned to a fusion center by the Secretary 

of Homeland Security before the date of the enactment of this 

Act shall undergo the training described in section 210A(c)(4)(A) 

of the Homeland Security Act of 2002, as added by subsection 

(a), by not later than 6 months after such date. 

(c) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

contents in section 1(b) of the Homeland Security Act of 2002 

(6 U.S.C. 101 et seq.) is further amended by inserting after the 

item relating to section 210 the following: 

‘‘Sec. 210A. Department of Homeland Security State, Local, and Regional Information Fusion Center Initiative.’’. 

(d) REPORTS.— 

(1) CONCEPT OF OPERATIONS.—Not later than 90 days after 

the date of enactment of this Act and before the Department 

of Homeland Security State, Local, and Regional Fusion Center 

Initiative under section 210A of the Homeland Security Act 

of 2002, as added by subsection (a), (in this section referred 

to as the ‘‘program’’) has been implemented, the Secretary, 

in consultation with the Privacy Officer of the Department, 

the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board 

established under section 1061 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall 

submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland 

Security of the House of Representatives a report that contains 

a concept of operations for the program, which shall— 

(A) include a clear articulation of the purposes, goals, 

and specific objectives for which the program is being developed; 
H. R. 1—59 

(B) identify stakeholders in the program and provide 

an assessment of their needs; 

(C) contain a developed set of quantitative metrics 

to measure, to the extent possible, program output; 

(D) contain a developed set of qualitative instruments 

(including surveys and expert interviews) to assess the 

extent to which stakeholders believe their needs are being 

met; and 

(E) include a privacy and civil liberties impact assessment. 

(2) PRIVACY AND CIVIL LIBERTIES.—Not later than 1 year 

after the date of the enactment of this Act, the Privacy Officer 

of the Department of Homeland Security and the Officer for 

Civil Liberties and Civil Rights of the Department of Homeland 

Security, consistent with any policies of the Privacy and Civil 

Liberties Oversight Board established under section 1061 of 

the Intelligence Reform and Terrorism Prevention Act of 2004 

(5 U.S.C. 601 note), shall submit to the Committee on Homeland 

Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, 

the Secretary of Homeland Security, the Under Secretary of 

Homeland Security for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board a report on the privacy 

and civil liberties impact of the program. 

SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS 

PROGRAM. 

(a) ESTABLISHMENT OF PROGRAM.—Subtitle A of title II of the 

Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further 

amended by adding at the end the following: 

‘‘SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS 

PROGRAM. 

‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary, acting through the Under 

Secretary for Intelligence and Analysis, and in consultation 

with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose 

of— 

‘‘(A) detailing State, local, and tribal law enforcement 

officers and intelligence analysts to the Department in 

accordance with subchapter VI of chapter 33 of title 5, 

United States Code, to participate in the work of the Office 

of Intelligence and Analysis in order to become familiar 

with— 

‘‘(i) the relevant missions and capabilities of the 

Department and other Federal agencies; and 

‘‘(ii) the role, programs, products, and personnel 

of the Office of Intelligence and Analysis; and 

‘‘(B) promoting information sharing between the 

Department and State, local, and tribal law enforcement 

officers and intelligence analysts by assigning such officers 

and analysts to— 

‘‘(i) serve as a point of contact in the Department 

to assist in the representation of State, local, and tribal 

information requirements; 

‘‘(ii) identify information within the scope of the 

information sharing environment, including homeland 
H. R. 1—60 

security information, terrorism information, and 

weapons of mass destruction information, that is of 

interest to State, local, and tribal law enforcement 

officers, intelligence analysts, and other emergency 

response providers; 

‘‘(iii) assist Department analysts in preparing and 

disseminating products derived from information 

within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction 

information, that are tailored to State, local, and tribal 

law enforcement officers and intelligence analysts and 

designed to prepare for and thwart acts of terrorism; 

and 

‘‘(iv) assist Department analysts in preparing products derived from information within the scope of the 

information sharing environment, including homeland 

security information, terrorism information, and 

weapons of mass destruction information, that are tailored to State, local, and tribal emergency response 

providers and assist in the dissemination of such products through appropriate Department channels. 

‘‘(2) PROGRAM NAME.—The program under this section shall 

be known as the ‘Homeland Security Information Sharing Fellows Program’. 

‘‘(b) ELIGIBILITY.— 

‘‘(1) IN GENERAL.—In order to be eligible for selection as 

an Information Sharing Fellow under the program under this 

section, an individual shall— 

‘‘(A) have homeland security-related responsibilities; 

‘‘(B) be eligible for an appropriate security clearance; 

‘‘(C) possess a valid need for access to classified 

information, as determined by the Under Secretary for 

Intelligence and Analysis; 

‘‘(D) be an employee of an eligible entity; and 

‘‘(E) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored 

by the Privacy Officer and the Officer for Civil Rights 

and Civil Liberties, in consultation with the Privacy and 

Civil Liberties Oversight Board established under section 

1061 of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (5 U.S.C. 601 note). 

‘‘(2) ELIGIBLE ENTITIES.—In this subsection, the term 

‘eligible entity’ means— 

‘‘(A) a State, local, or regional fusion center; 

‘‘(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary; 

‘‘(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary; 

‘‘(D) a tribal law enforcement or other authority; or 

‘‘(E) such other entity as the Secretary determines 

is appropriate. 
H. R. 1—61 

‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or tribal law 

enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program. 

‘‘(d) PROCEDURES FOR NOMINATION AND SELECTION.— 

‘‘(1) IN GENERAL.—The Under Secretary for Intelligence 

and Analysis shall establish procedures to provide for the 

nomination and selection of individuals to participate in the 

Homeland Security Information Sharing Fellows Program. 

‘‘(2) LIMITATIONS.—The Under Secretary for Intelligence 

and Analysis shall— 

‘‘(A) select law enforcement officers and intelligence 

analysts representing a broad cross-section of State, local, 

and tribal agencies; and 

‘‘(B) ensure that the number of Information Sharing 

Fellows selected does not impede the activities of the Office 

of Intelligence and Analysis.’’. 

(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of 

contents in section 1(b) of the Homeland Security Act of 2002 

(6 U.S.C. 101 et seq.) is further amended by inserting after the 

item relating to section 210A the following: 

‘‘Sec. 210B. Homeland Security Information Sharing Fellows Program.’’. 

(c) REPORTS.— 

(1) CONCEPT OF OPERATIONS.—Not later than 90 days after 

the date of enactment of this Act, and before the implementation of the Homeland Security Information Sharing Fellows 

Program under section 210B of the Homeland Security Act 

of 2002, as added by subsection (a), (in this section referred 

to as the ‘‘Program’’) the Secretary, in consultation with the 

Privacy Officer of the Department, the Officer for Civil Rights 

and Civil Liberties of the Department, and the Privacy and 

Civil Liberties Oversight Board established under section 1061 

of the Intelligence Reform and Terrorism Prevention Act of 

2004 (5 U.S.C. 601 note), shall submit to the Committee on 

Homeland Security and Governmental Affairs of the Senate 

and the Committee on Homeland Security of the House of 

Representatives a report that contains a concept of operations 

for the Program, which shall include a privacy and civil liberties 

impact assessment. 

(2) REVIEW OF PRIVACY IMPACT.—Not later than 1 year 

after the date on which the program is implemented, the Privacy Officer of the Department and the Officer for Civil Rights 

and Civil Liberties of the Department, consistent with any 

policies of the Privacy and Civil Liberties Oversight Board 

established under section 1061 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall 

submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland 

Security of the House of Representatives, the Secretary of 

Homeland Security, the Under Secretary of Homeland Security 

for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board, a report on the privacy and civil liberties impact of the program. 
H. R. 1—62 

SEC. 513. RURAL POLICING INSTITUTE. 

(a) ESTABLISHMENT.—Subtitle A of title II of the Homeland 

Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 

by adding at the end the following: 

‘‘SEC. 210C. RURAL POLICING INSTITUTE. 

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

Policing Institute, which shall be administered by the Federal Law 

Enforcement Training Center, to target training to law enforcement 

agencies and other emergency response providers located in rural 

areas. The Secretary, through the Rural Policing Institute, shall— 

‘‘(1) evaluate the needs of law enforcement agencies and 

other emergency response providers in rural areas; 

‘‘(2) develop expert training programs designed to address 

the needs of law enforcement agencies and other emergency 

response providers in rural areas as identified in the evaluation 

conducted under paragraph (1), including training programs 

about intelligence-led policing and protections for privacy, civil 

rights, and civil liberties; 

‘‘(3) provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency 

response providers in rural areas; and 

‘‘(4) conduct outreach efforts to ensure that local and tribal 

governments in rural areas are aware of the training programs 

developed under paragraph (2) so they can avail themselves 

of such programs. 

‘‘(b) CURRICULA.—The training at the Rural Policing Institute 

established under subsection (a) shall— 

‘‘(1) be configured in a manner so as not to duplicate 

or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a 

local or tribal government entity in existence on the date of 

enactment of the Implementing Recommendations of the 9/ 

11 Commission Act of 2007; and 

‘‘(2) to the maximum extent practicable, be delivered in 

a cost-effective manner at facilities of the Department, on closed 

military installations with adequate training facilities, or at 

facilities operated by the participants. 

‘‘(c) DEFINITION.—In this section, the term ‘rural’ means an 

area that is not located in a metropolitan statistical area, as defined 

by the Office of Management and Budget. 

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

to be appropriated to carry out this section (including for contracts, 

staff, and equipment)— 

‘‘(1) $10,000,000 for fiscal year 2008; and 

‘‘(2) $5,000,000 for each of fiscal years 2009 through 2013.’’. 

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

1(b) of such Act is further amended by inserting after the item 

relating to section 210B the following: 

‘‘Sec. 210C. Rural Policing Institute.’’. 
H. R. 1—63 

Subtitle C—Interagency Threat 

Assessment and Coordination Group 

SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION 

GROUP. 

(a) ESTABLISHMENT.—Subtitle A of title II of the Homeland 

Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 

by adding at the end the following: 

‘‘SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION 

GROUP. 

‘‘(a) IN GENERAL.—To improve the sharing of information within 

the scope of the information sharing environment established under 

section 1016 of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (6 U.S.C. 485) with State, local, tribal, and private 

sector officials, the Director of National Intelligence, through the 

program manager for the information sharing environment, in 

coordination with the Secretary, shall coordinate and oversee the 

creation of an Interagency Threat Assessment and Coordination 

Group (referred to in this section as the ‘ITACG’). 

‘‘(b) COMPOSITION OF ITACG.—The ITACG shall consist of— 

‘‘(1) an ITACG Advisory Council to set policy and develop 

processes for the integration, analysis, and dissemination of 

federally-coordinated information within the scope of the 

information sharing environment, including homeland security 

information, terrorism information, and weapons of mass 

destruction information; and 

‘‘(2) an ITACG Detail comprised of State, local, and tribal 

homeland security and law enforcement officers and intelligence 

analysts detailed to work in the National Counterterrorism 

Center with Federal intelligence analysts for the purpose of 

integrating, analyzing, and assisting in the dissemination of 

federally-coordinated information within the scope of the 

information sharing environment, including homeland security 

information, terrorism information, and weapons of mass 

destruction information, through appropriate channels identified by the ITACG Advisory Council. 

‘‘(c) RESPONSIBILITIES OF PROGRAM MANAGER.—The program 

manager, in consultation with the Information Sharing Council, 

shall— 

‘‘(1) monitor and assess the efficacy of the ITACG; and 

‘‘(2) not later than 180 days after the date of the enactment 

of the Implementing Recommendations of the 9/11 Commission 

Act of 2007, and at least annually thereafter, submit to the 

Secretary, the Attorney General, the Director of National Intelligence, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland 

Security of the House of Representatives a report on the 

progress of the ITACG. 

‘‘(d) RESPONSIBILITIES OF SECRETARY.—The Secretary, or the 

Secretary’s designee, in coordination with the Director of the 

National Counterterrorism Center and the ITACG Advisory Council, 

shall— 

‘‘(1) create policies and standards for the creation of 

information products derived from information within the scope 

of the information sharing environment, including homeland 
H. R. 1—64 

security information, terrorism information, and weapons of 

mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private 

sector; 

‘‘(2) evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope 

of the information sharing environment, including homeland 

security information, terrorism information, and weapons of 

mass destruction information, to State, local, and tribal governments and the private sector; 

‘‘(3) establish criteria and a methodology for indicating 

to State, local, and tribal governments and the private sector 

the reliability of information within the scope of the information 

sharing environment, including homeland security information, 

terrorism information, and weapons of mass destruction 

information, disseminated to them; 

‘‘(4) educate the intelligence community about the requirements of the State, local, and tribal homeland security, law 

enforcement, and other emergency response providers regarding 

information within the scope of the information sharing 

environment, including homeland security information, terrorism information, and weapons of mass destruction information; 

‘‘(5) establish and maintain the ITACG Detail, which shall 

assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence 

analysts to work in the National Counterterrorism Center who 

shall— 

‘‘(A) educate and advise National Counterterrorism 

Center intelligence analysts about the requirements of the 

State, local, and tribal homeland security and law enforcement officers, and other emergency response providers 

regarding information within the scope of the information 

sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; 

‘‘(B) assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise 

preparing versions of products derived from information 

within the scope of the information sharing environment, 

including homeland security information, terrorism 

information, and weapons of mass destruction information 

that are unclassified or classified at the lowest possible 

level and suitable for dissemination to State, local, and 

tribal homeland security and law enforcement agencies 

in order to help deter and prevent terrorist attacks; 

‘‘(C) implement, in coordination with National 

Counterterrorism Center intelligence analysts, the policies, 

processes, procedures, standards, and guidelines developed 

by the ITACG Advisory Council; 

‘‘(D) assist in the dissemination of products derived 

from information within the scope of the information 

sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions 

only through appropriate channels identified by the ITACG 

Advisory Council; and 
H. R. 1—65 

‘‘(E) report directly to the senior intelligence official 

from the Department under paragraph (6); 

‘‘(6) detail a senior intelligence official from the Department 

of Homeland Security to the National Counterterrorism Center, 

who shall— 

‘‘(A) manage the day-to-day operations of the ITACG 

Detail; 

‘‘(B) report directly to the Director of the National 

Counterterrorism Center or the Director’s designee; and 

‘‘(C) in coordination with the Director of the Federal 

Bureau of Investigation, and subject to the approval of 

the Director of the National Counterterrorism Center, 

select a deputy from the pool of available detailees from 

the Federal Bureau of Investigation in the National 

Counterterrorism Center; and 

‘‘(7) establish, within the ITACG Advisory Council, a 

mechanism to select law enforcement officers and intelligence 

analysts for placement in the National Counterterrorism Center 

consistent with paragraph (5), using criteria developed by the 

ITACG Advisory Council that shall encourage participation 

from a broadly representative group of State, local, and tribal 

homeland security and law enforcement agencies. 

‘‘(e) MEMBERSHIP.—The Secretary, or the Secretary’s designee, 

shall serve as the chair of the ITACG Advisory Council, which 

shall include— 

‘‘(1) representatives of— 

‘‘(A) the Department; 

‘‘(B) the Federal Bureau of Investigation; 

‘‘(C) the National Counterterrorism Center; 

‘‘(D) the Department of Defense; 

‘‘(E) the Department of Energy; 

‘‘(F) the Department of State; and 

‘‘(G) other Federal entities as appropriate; 

‘‘(2) the program manager of the information sharing 

environment, designated under section 1016(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 

485(f)), or the program manager’s designee; and 

‘‘(3) executive level law enforcement and intelligence officials from State, local, and tribal governments. 

‘‘(f) CRITERIA.—The Secretary, in consultation with the Director 

of National Intelligence, the Attorney General, and the program 

manager of the information sharing environment established under 

section 1016 of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (6 U.S.C. 485), shall— 

‘‘(1) establish procedures for selecting members of the 

ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope 

of the information sharing environment, including homeland 

security information, terrorism information, and weapons of 

mass destruction information, by those members; and 

‘‘(2) ensure that at least 50 percent of the members of 

the ITACG Advisory Council are from State, local, and tribal 

governments. 

‘‘(g) OPERATIONS.— ‘‘(1) IN GENERAL.—Beginning not later than 90 days after 

the date of enactment of the Implementing Recommendations 

of the 9/11 Commission Act of 2007, the ITACG Advisory 
H. R. 1—66 

Council shall meet regularly, but not less than quarterly, at 

the facilities of the National Counterterrorism Center of the 

Office of the Director of National Intelligence. 

‘‘(2) MANAGEMENT.—Pursuant to section 119(f)(E) of the 

National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the 

Director of the National Counterterrorism Center, acting 

through the senior intelligence official from the Department 

of Homeland Security detailed pursuant to subsection (d)(6), 

shall ensure that— 

‘‘(A) the products derived from information within the 

scope of the information sharing environment, including 

homeland security information, terrorism information, and 

weapons of mass destruction information, prepared by the 

National Counterterrorism Center and the ITACG Detail 

for distribution to State, local, and tribal homeland security 

and law enforcement agencies reflect the requirements of 

such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council; 

‘‘(B) in consultation with the ITACG Advisory Council 

and consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) 

of the National Security Act of 1947 (50 U.S.C. 402 et 

seq.), all products described in subparagraph (A) are 

disseminated through existing channels of the Department 

and the Department of Justice and other appropriate channels to State, local, and tribal government officials and 

other entities; 

‘‘(C) all detailees under subsection (d)(5) have appropriate access to all relevant information within the scope 

of the information sharing environment, including homeland security information, terrorism information, and 

weapons of mass destruction information, available at the 

National Counterterrorism Center in order to accomplish 

the objectives under that paragraph; 

‘‘(D) all detailees under subsection (d)(5) have the 

appropriate security clearances and are trained in the 

procedures for handling, processing, storing, and disseminating classified products derived from information within 

the scope of the information sharing environment, including 

homeland security information, terrorism information, and 

weapons of mass destruction information; and 

‘‘(E) all detailees under subsection (d)(5) complete 

appropriate privacy and civil liberties training. 

‘‘(h) INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE

ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall 

not apply to the ITACG or any subsidiary groups thereof. 

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

to be appropriated such sums as may be necessary for each of 

fiscal years 2008 through 2012 to carry out this section, including 

to obtain security clearances for the State, local, and tribal participants in the ITACG.’’. 

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

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

to section 210C the following: 

‘‘Sec. 210D. Interagency Threat Assessment and Coordination Group.’’. 
H. R. 1—67 

(c) PRIVACY AND CIVIL LIBERTIES IMPACT ASSESSMENT.—Not 

later than 90 days after the date of the enactment of this Act, 

the Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security and the Chief Privacy and Civil Liberties Officer for the Department of Justice, 

in consultation with the Civil Liberties Protection Officer of the 

Office of the Director of National Intelligence, shall submit to the 

Secretary of Homeland Security, the Director of the Federal Bureau 

of Investigation, the Attorney General, the Director of the National 

Counterterrorism Center, the Director of National Intelligence, the 

Privacy and Civil Liberties Oversight Board, and the Committee 

on Homeland Security and Governmental Affairs of the Senate, 

the Committee on Homeland Security of the House of Representatives, the Select Committee on Intelligence of the Senate, and 

the Permanent Select Committee on Intelligence of the House of 

Representatives, a privacy and civil liberties impact assessment 

of the Interagency Threat Assessment and Coordination Group 

under section 210D of the Homeland Security Act of 2002, as 

added by subsection (a), including the use of State, local, and 

tribal detailees at the National Counterterrorism Center, as 

described in subsection (d)(5) of that section. 

Subtitle D—Homeland Security 

Intelligence Offices Reorganization 

SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF 

INFRASTRUCTURE PROTECTION. 

(a) IN GENERAL.—Section 201 of the Homeland Security Act 

of 2002 (6 U.S.C. 201) is amended— 

(1) in the section heading, by striking ‘‘DIRECTORATE FOR

INFORMATION’’ and inserting ‘‘INFORMATION AND’’; 

(2) by striking subsections (a) through (c) and inserting 

the following: 

‘‘(a) INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTEC- TION.—There shall be in the Department an Office of Intelligence 

and Analysis and an Office of Infrastructure Protection. 

‘‘(b) UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS AND

ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.— ‘‘(1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office 

of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed 

by the President, by and with the advice and consent of the 

Senate. 

‘‘(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary 

for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department. 

‘‘(3) OFFICE OF INFRASTRUCTURE PROTECTION.—The Office 

of Infrastructure Protection shall be headed by an Assistant 

Secretary for Infrastructure Protection, who shall be appointed 

by the President. 

‘‘(c) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall 

ensure that the responsibilities of the Department relating to 

information analysis and infrastructure protection, including those 

described in subsection (d), are carried out through the Under 

Secretary for Intelligence and Analysis or the Assistant Secretary 

for Infrastructure Protection, as appropriate.’’; 
H. R. 1—68 

(3) in subsection (d)— 

(A) in the subsection heading, by striking ‘‘UNDER SECRETARY’’ and inserting ‘‘SECRETARY RELATING TO INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTION’’; 

(B) in the matter preceding paragraph (1), by striking 

‘‘Subject to the direction’’ and all that follows through 

‘‘Infrastructure Protection’’ and inserting the following: 

‘‘The responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection’’; 

(C) in paragraph (9), as redesignated under section 

510(a)(2)(A)(ii), by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of National Intelligence’’; 

(D) in paragraph (11)(B), as so redesignated, by 

striking ‘‘Director of Central Intelligence’’ and inserting 

‘‘Director of National Intelligence’’; 

(E) by redesignating paragraph (18), as so redesignated, as paragraph (24); and 

(F) by inserting after paragraph (17), as so redesignated, the following: 

‘‘(18) To coordinate and enhance integration among the 

intelligence components of the Department, including through 

strategic oversight of the intelligence activities of such components. 

‘‘(19) To establish the intelligence collection, processing, 

analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components 

of the Department, consistent with any directions from the 

President and, as applicable, the Director of National Intelligence. 

‘‘(20) To establish a structure and process to support the 

missions and goals of the intelligence components of the Department. 

‘‘(21) To ensure that, whenever possible, the Department— 

‘‘(A) produces and disseminates unclassified reports 

and analytic products based on open-source information; 

and 

‘‘(B) produces and disseminates such reports and analytic products contemporaneously with reports or analytic 

products concerning the same or similar information that 

the Department produced and disseminated in a classified 

format. 

‘‘(22) To establish within the Office of Intelligence and 

Analysis an internal continuity of operations plan. 

‘‘(23) Based on intelligence priorities set by the President, 

and guidance from the Secretary and, as appropriate, the 

Director of National Intelligence— 

‘‘(A) to provide to the heads of each intelligence component of the Department guidance for developing the budget 

pertaining to the activities of such component; and 

‘‘(B) to present to the Secretary a recommendation 

for a consolidated budget for the intelligence components 

of the Department, together with any comments from the 

heads of such components.’’; 

(4) in subsection (e)(1)— 

(A) by striking ‘‘Directorate’’ the first place that term 

appears and inserting ‘‘Office of Intelligence and Analysis 

and the Office of Infrastructure Protection’’; and 
H. R. 1—69 

(B) by striking ‘‘the Directorate in discharging’’ and 

inserting ‘‘such offices in discharging’’; 

(5) in subsection (f)(1), by striking ‘‘Directorate’’ and 

inserting ‘‘Office of Intelligence and Analysis and the Office 

of Infrastructure Protection’’; and 

(6) In subsection (g), in the matter preceding paragraph 

(1), by striking ‘‘Under Secretary for Information Analysis and 

Infrastructure Protection’’ and inserting ‘‘Office of Intelligence 

and Analysis and the Office of Infrastructure Protection’’. 

(b) TECHNICAL AND CONFORMING AMENDMENTS.— 

(1) IN GENERAL.—Such Act is further amended— 

(A) in section 223, by striking ‘‘Under Secretary for 

Information Analysis and Infrastructure Protection’’ and 

inserting ‘‘Under Secretary for Intelligence and Analysis, 

in cooperation with the Assistant Secretary for Infrastructure Protection’’; 

(B) in section 224, by striking ‘‘Under Secretary for 

Information Analysis and Infrastructure Protection’’ and 

inserting ‘‘Assistant Secretary for Infrastructure Protection’’; 

(C) in section 302(3), by striking ‘‘Under Secretary 

for Information Analysis and Infrastructure Protection’’ and 

inserting ‘‘Under Secretary for Intelligence and Analysis 

and the Assistant Secretary for Infrastructure Protection’’; 

and 

(D) in section 521(d)— 

(i) in paragraph (1), by striking ‘‘Directorate for 

Information Analysis and Infrastructure Protection’’ 

and inserting ‘‘Office of Intelligence and Analysis’’; and 

(ii) in paragraph (2), by striking ‘‘Under Secretary 

for Information Analysis and Infrastructure Protection’’ 

and inserting ‘‘Under Secretary for Intelligence and 

Analysis’’. 

(2) ADDITIONAL UNDER SECRETARY.—Section 103(a) of the 

Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended— 

(A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and 

(B) by inserting after paragraph (7) the following: 

‘‘(8) An Under Secretary responsible for overseeing critical 

infrastructure protection, cybersecurity, and other related programs of the Department.’’. 

(3) HEADING.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the 

subtitle heading by striking ‘‘Directorate for Information’’ 

and inserting ‘‘Information and’’. 

(4) TABLE OF CONTENTS.—The Homeland Security Act of 

2002 (6 U.S.C. 101 et seq.) is amended in the table of contents 

in section 1(b) by striking the items relating to subtitle A 

of title II and section 201 and inserting the following: 

‘‘Subtitle A—Information and Analysis and Infrastructure Protection; Access to 

Information 

‘‘Sec. 201. Information and Analysis and Infrastructure Protection.’’. 

(5) NATIONAL SECURITY ACT OF 1947.—Section 106(b)(2)(I) 

of the National Security Act of 1947 (50 U.S.C. 403–6) is 

amended to read as follows: 
H. R. 1—70 

‘‘(I) The Under Secretary of Homeland Security for 

Intelligence and Analysis.’’. 

(c) TREATMENT OF INCUMBENT.—The individual administratively performing the duties of the Under Secretary for Intelligence 

and Analysis as of the date of the enactment of this Act may 

continue to perform such duties after the date on which the President nominates an individual to serve as the Under Secretary 

pursuant to section 201 of the Homeland Security Act of 2002, 

as amended by this section, and until the individual so appointed 

assumes the duties of the position. 

Subtitle E—Authorization of 

Appropriations 

SEC. 541. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated for each of fiscal years 

2008 through 2012 such sums as may be necessary to carry out 

this title and the amendments made by this title. 

TITLE VI—CONGRESSIONAL OVERSIGHT 

OF INTELLIGENCE 

SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 

FUNDING INFORMATION. 

(a) AMOUNTS APPROPRIATED EACH FISCAL YEAR.—Not later 

than 30 days after the end of each fiscal year beginning with 

fiscal year 2007, the Director of National Intelligence shall disclose 

to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for such fiscal year. 

(b) WAIVER.—Beginning with fiscal year 2009, the President 

may waive or postpone the disclosure required by subsection (a) 

for any fiscal year by, not later than 30 days after the end of 

such fiscal year, submitting to the Select Committee on Intelligence 

of the Senate and Permanent Select Committee on Intelligence 

of the House of Representatives— 

(1) a statement, in unclassified form, that the disclosure 

required in subsection (a) for that fiscal year would damage 

national security; and 

(2) a statement detailing the reasons for the waiver or 

postponement, which may be submitted in classified form. 

(c) DEFINITION.—As used in this section, the term ‘‘National 

Intelligence Program’’ has the meaning given the term in section 

3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)). 

SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD. 

The Public Interest Declassification Act of 2000 (50 U.S.C. 

435 note) is amended— 

(1) by striking ‘‘Director of Central Intelligence’’ each place 

that term appears and inserting ‘‘Director of National Intelligence’’; 

(2) in section 704(e)— 

(A) by striking ‘‘If requested’’ and inserting the following: 

‘‘(1) IN GENERAL.—If requested’’; and 
H. R. 1—71 

(B) by adding at the end the following: 

‘‘(2) AUTHORITY OF BOARD.—Upon receiving a congressional 

request described in section 703(b)(5), the Board may conduct 

the review and make the recommendations described in that 

section, regardless of whether such a review is requested by 

the President. 

‘‘(3) REPORTING.—Any recommendations submitted to the 

President by the Board under section 703(b)(5), shall be submitted to the chairman and ranking minority member of the 

committee of Congress that made the request relating to such 

recommendations.’’; 

(3) in section 705(c), in the subsection heading, by striking 

‘‘DIRECTOR OF CENTRAL INTELLIGENCE’’ and inserting 

‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’; and 

(4) in section 710(b), by striking ‘‘8 years after the date’’ 

and all that follows and inserting ‘‘on December 31, 2012.’’. 

SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/ 

11 COMMISSION RECOMMENDATIONS WITH RESPECT TO 

INTELLIGENCE REFORM AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The National Commission on Terrorist Attacks Upon 

the United States (referred to in this section as the ‘‘9/11 

Commission’’) conducted a lengthy review of the facts and circumstances relating to the terrorist attacks of September 11, 

2001, including those relating to the intelligence community, 

law enforcement agencies, and the role of congressional oversight and resource allocation. 

(2) In its final report, the 9/11 Commission found that— 

(A) congressional oversight of the intelligence activities 

of the United States is dysfunctional; 

(B) under the rules of the Senate and the House of 

Representatives in effect at the time the report was completed, the committees of Congress charged with oversight 

of the intelligence activities lacked the power, influence, 

and sustained capability to meet the daunting challenges 

faced by the intelligence community of the United States; 

(C) as long as such oversight is governed by such 

rules of the Senate and the House of Representatives, 

the people of the United States will not get the security 

they want and need; 

(D) a strong, stable, and capable congressional committee structure is needed to give the intelligence community of the United States appropriate oversight, support, 

and leadership; and 

(E) the reforms recommended by the 9/11 Commission 

in its final report will not succeed if congressional oversight 

of the intelligence community in the United States is not 

changed. 

(3) The 9/11 Commission recommended structural changes 

to Congress to improve the oversight of intelligence activities. 

(4) Congress has enacted some of the recommendations 

made by the 9/11 Commission and is considering implementing 

additional recommendations of the 9/11 Commission. 
H. R. 1—72 

(5) The Senate adopted Senate Resolution 445 in the 108th 

Congress to address some of the intelligence oversight recommendations of the 9/11 Commission by abolishing term limits 

for the members of the Select Committee on Intelligence, clarifying jurisdiction for intelligence-related nominations, and 

streamlining procedures for the referral of intelligence-related 

legislation, but other aspects of the 9/11 Commission recommendations regarding intelligence oversight have not been 

implemented. 

(b) SENSE OF THE SENATE.—It is the sense of the Senate that 

the Committee on Homeland Security and Governmental Affairs 

and the Select Committee on Intelligence of the Senate each, or 

jointly, should— 

(1) undertake a review of the recommendations made in 

the final report of the 9/11 Commission with respect to intelligence reform and congressional intelligence oversight reform; 

(2) review and consider any other suggestions, options, 

or recommendations for improving intelligence oversight; and 

(3) not later than December 21, 2007, submit to the Senate 

a report that includes the recommendations of the committees, 

if any, for carrying out such reforms. 

SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST 

DECLASSIFICATION BOARD. 

Section 21067 of the Continuing Appropriations Resolution, 

2007 (division B of Public Law 109–289; 120 Stat. 1311), as amended 

by Public Law 109–369 (120 Stat. 2642), Public Law 109–383 (120 

Stat. 2678), and Public Law 110–5, is amended by adding at the 

end the following new subsection: 

‘‘(c) From the amount provided by this section, the National 

Archives and Records Administration may obligate monies necessary to carry out the activities of the Public Interest Declassification Board.’’. 

SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE 

REPORT ON CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001. 

(a) PUBLIC AVAILABILITY.—Not later than 30 days after the 

date of the enactment of this Act, the Director of the Central 

Intelligence Agency shall prepare and make available to the public 

a version of the Executive Summary of the report entitled the 

‘‘Office of Inspector General Report on Central Intelligence Agency 

Accountability Regarding Findings and Conclusions of the Joint 

Inquiry into Intelligence Community Activities Before and After 

the Terrorist Attacks of September 11, 2001’’ issued in June 2005 

that is declassified to the maximum extent possible, consistent 

with national security. 

(b) REPORT TO CONGRESS.—The Director of the Central Intelligence Agency shall submit to Congress a classified annex to the 

redacted Executive Summary made available under subsection (a) 

that explains the reason that any redacted material in the Executive 

Summary was withheld from the public. 
H. R. 1—73 

TITLE VII—STRENGTHENING EFFORTS 

TO PREVENT TERRORIST TRAVEL 

Subtitle A—Terrorist Travel 

SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE 

BORDER SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE TERRORIST INFORMATION. 

(a) REPORT REQUIRED.—Not later than 270 days after the date 

of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security, in conjunction with the Director of 

National Intelligence and the heads of other appropriate Federal 

departments and agencies, shall submit to the appropriate congressional committees a report on efforts of the Government of the 

United States to collaborate with international partners and allies 

of the United States to increase border security, enhance global 

document security, and exchange terrorism information. 

(b) CONTENTS.—The report required by subsection (a) shall 

outline— 

(1) all presidential directives, programs, and strategies for 

carrying out and increasing United States Government efforts 

described in subsection (a); 

(2) the goals and objectives of each of these efforts; 

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

(4) the projected timelines for each of these efforts to 

become fully functional and effective. 

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

(1) the Committee on Foreign Affairs, the Committee on 

Homeland Security, the Committee on the Judiciary, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives; and 

(2) the Committee on Foreign Relations, the Committee 

on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate. 

Subtitle B—Visa Waiver 

SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Secure 

Travel and Counterterrorism Partnership Act of 2007’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the United States should modernize and strengthen 

the security of the visa waiver program under section 217 

of the Immigration and Nationality Act (8 U.S.C. 1187) by 

simultaneously— 

(A) enhancing program security requirements; and 

(B) extending visa-free travel privileges to nationals 

of foreign countries that are partners in the war on terrorism— 

(i) that are actively cooperating with the United 

States to prevent terrorist travel, including sharing 
H. R. 1—74 

counterterrorism and law enforcement information; 

and 

(ii) whose nationals have demonstrated their 

compliance with the provisions of the Immigration and 

Nationality Act regarding the purpose and duration 

of their admission to the United States; and 

(2) the modernization described in paragraph (1) will— 

(A) enhance bilateral cooperation on critical 

counterterrorism and information sharing initiatives; 

(B) support and expand tourism and business 

opportunities to enhance long-term economic competitiveness; and 

(C) strengthen bilateral relationships. 

(c) DISCRETIONARY VISA WAIVER PROGRAM EXPANSION.—Section 

217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) 

is amended by adding at the end the following new paragraphs: 

‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXIBILITY.— ‘‘(A) CERTIFICATION.— ‘‘(i) IN GENERAL.—On the date on which an air 

exit system is in place that can verify the departure 

of not less than 97 percent of foreign nationals who 

exit through airports of the United States and the 

electronic travel authorization system required under 

subsection (h)(3) is fully operational, the Secretary of 

Homeland Security shall certify to Congress that such 

air exit system and electronic travel authorization 

system are in place. 

‘‘(ii) NOTIFICATION TO CONGRESS.—The Secretary 

shall notify Congress in writing of the date on which 

the air exit system under clause (i) fully satisfies the 

biometric requirements specified in subsection (i). 

‘‘(iii) TEMPORARY SUSPENSION OF WAIVER

AUTHORITY.—Notwithstanding any certification made 

under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, 

the Secretary’s waiver authority under subparagraph 

(B) shall be suspended beginning on July 1, 2009, 

until such time as the Secretary makes such notification. 

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

paragraph shall be construed as in any way abrogating 

the reporting requirements under subsection (i)(3). 

‘‘(B) WAIVER.—After certification by the Secretary 

under subparagraph (A), the Secretary, in consultation with 

the Secretary of State, may waive the application of paragraph (2)(A) for a country if— 

‘‘(i) the country meets all security requirements 

of this section; 

‘‘(ii) the Secretary of Homeland Security determines that the totality of the country’s security risk 

mitigation measures provide assurance that the country’s participation in the program would not compromise the law enforcement, security interests, or 

enforcement of the immigration laws of the United 

States; 

‘‘(iii) there has been a sustained reduction in the 

rate of refusals for nonimmigrant visas for nationals 
H. R. 1—75 

of the country and conditions exist to continue such 

reduction; 

‘‘(iv) the country cooperated with the Government 

of the United States on counterterrorism initiatives, 

information sharing, and preventing terrorist travel 

before the date of its designation as a program country, 

and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will 

continue; and 

‘‘(v)(I) the rate of refusals for nonimmigrant visitor 

visas for nationals of the country during the previous 

full fiscal year was not more than ten percent; or 

‘‘(II) the visa overstay rate for the country for 

the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established 

under subparagraph (C). 

‘‘(C) MAXIMUM VISA OVERSTAY RATE.— 

‘‘(i) REQUIREMENT TO ESTABLISH.—After certification by the Secretary under subparagraph (A), the 

Secretary and the Secretary of State jointly shall use 

information from the air exit system referred to in 

such subparagraph to establish a maximum visa overstay rate for countries participating in the program 

pursuant to a waiver under subparagraph (B). The 

Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law 

enforcement, security interests, or enforcement of the 

immigration laws of the United States. 

‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this paragraph the term ‘visa overstay rate’ means, with respect 

to a country, the ratio of— 

‘‘(I) the total number of nationals of that 

country who were admitted to the United States 

on the basis of a nonimmigrant visa whose periods 

of authorized stays ended during a fiscal year but 

who remained unlawfully in the United States 

beyond such periods; to 

‘‘(II) the total number of nationals of that 

country who were admitted to the United States 

on the basis of a nonimmigrant visa during that 

fiscal year. 

‘‘(iii) REPORT AND PUBLICATION.—The Secretary of 

Homeland Security shall on the same date submit to 

Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after 

such date, the Secretary shall issue a final maximum 

visa overstay rate above which a country may not 

participate in the program. 

‘‘(9) DISCRETIONARY SECURITY-RELATED CONSIDERATIONS.— 

In determining whether to waive the application of paragraph 

(2)(A) for a country, pursuant to paragraph (8), the Secretary 

of Homeland Security, in consultation with the Secretary of 

State, shall take into consideration other factors affecting the 

security of the United States, including— 

‘‘(A) airport security standards in the country; 
H. R. 1—76 

‘‘(B) whether the country assists in the operation of 

an effective air marshal program; 

‘‘(C) the standards of passports and travel documents 

issued by the country; and 

‘‘(D) other security-related factors, including the country’s cooperation with the United States’ initiatives toward 

combating terrorism and the country’s cooperation with 

the United States intelligence community in sharing 

information regarding terrorist threats.’’. 

(d) SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.— 

(1) IN GENERAL.—Section 217 of the Immigration and 

Nationality Act (8 U.S.C. 1187) is amended— 

(A) in subsection (a), in the flush text following paragraph (9)— 

(i) by striking ‘‘Operators of aircraft’’ and inserting 

the following: 

‘‘(10) ELECTRONIC TRANSMISSION OF IDENTIFICATION

INFORMATION.—Operators of aircraft’’; and 

(ii) by adding at the end the following new paragraph: 

‘‘(11) ELIGIBILITY DETERMINATION UNDER THE ELECTRONIC

TRAVEL AUTHORIZATION SYSTEM.—Beginning on the date on 

which the electronic travel authorization system developed 

under subsection (h)(3) is fully operational, each alien traveling 

under the program shall, before applying for admission to the 

United States, electronically provide to the system biographical 

information and such other information as the Secretary of 

Homeland Security shall determine necessary to determine the 

eligibility of, and whether there exists a law enforcement or 

security risk in permitting, the alien to travel to the United 

States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien 

is eligible to travel to the United States under the program.’’; 

(B) in subsection (c)— 

(i) in paragraph (2)— 

(I) by amending subparagraph (D) to read as 

follows: 

‘‘(D) REPORTING LOST AND STOLEN PASSPORTS.—The 

government of the country enters into an agreement with 

the United States to report, or make available through 

Interpol or other means as designated by the Secretary 

of Homeland Security, to the United States Government 

information about the theft or loss of passports within 

a strict time limit and in a manner specified in the agreement.’’; and 

(II) by adding at the end the following new 

subparagraphs: 

‘‘(E) REPATRIATION OF ALIENS.—The government of the 

country accepts for repatriation any citizen, former citizen, 

or national of the country against whom a final executable 

order of removal is issued not later than three weeks 

after the issuance of the final order of removal. Nothing 

in this subparagraph creates any duty for the United States 

or any right for any alien with respect to removal or release. 

Nothing in this subparagraph gives rise to any cause of 

action or claim under this paragraph or any other law 

against any official of the United States or of any State 
H. R. 1—77 

to compel the release, removal, or consideration for release 

or removal of any alien. 

‘‘(F) PASSENGER INFORMATION EXCHANGE.—The government of the country enters into an agreement with the 

United States to share information regarding whether citizens and nationals of that country traveling to the United 

States represent a threat to the security or welfare of 

the United States or its citizens.’’; 

(ii) in paragraph (5)— 

(I) by striking ‘‘Attorney General’’ each place 

it appears and inserting ‘‘Secretary of Homeland 

Security’’; and 

(II) in subparagraph (A)(i)— 

(aa) in subclause (II), by striking ‘‘and’’ 

at the end; 

(bb) in subclause (III)— 

(AA) by striking ‘‘and the Committee 

on International Relations’’ and inserting 

‘‘, the Committee on Foreign Affairs, and 

the Committee on Homeland Security,’’ 

and by striking ‘‘and the Committee on 

Foreign Relations’’ and inserting ‘‘, the 

Committee on Foreign Relations, and the 

Committee on Homeland Security and 

Governmental Affairs’’; and 

(BB) by striking the period at the end 

and inserting ‘‘; and’’; and 

(cc) by adding at the end the following 

new subclause: 

‘‘(IV) shall submit to Congress a report 

regarding the implementation of the electronic 

travel authorization system under subsection (h)(3) 

and the participation of new countries in the program through a waiver under paragraph (8).’’; and 

(III) in subparagraph (B), by adding at the 

end the following new clause: 

‘‘(iv) PROGRAM SUSPENSION AUTHORITY.—The 

Director of National Intelligence shall immediately 

inform the Secretary of Homeland Security of any current and credible threat which poses an imminent 

danger to the United States or its citizens and originates from a country participating in the visa waiver 

program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State— 

‘‘(I) may suspend a country from the visa 

waiver program without prior notice; 

‘‘(II) shall notify any country suspended under 

subclause (I) and, to the extent practicable without 

disclosing sensitive intelligence sources and 

methods, provide justification for the suspension; 

and 

‘‘(III) shall restore the suspended country’s 

participation in the visa waiver program upon a 

determination that the threat no longer poses an 

imminent danger to the United States or its citizens.’’; and 
H. R. 1—78 

(iii) by adding at the end the following new paragraphs: 

‘‘(10) TECHNICAL ASSISTANCE.—The Secretary of Homeland 

Security, in consultation with the Secretary of State, shall 

provide technical assistance to program countries to assist those 

countries in meeting the requirements under this section. The 

Secretary of Homeland Security shall ensure that the program 

office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such 

technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program 

with all the requirements of the program. 

‘‘(11) INDEPENDENT REVIEW.— 

‘‘(A) IN GENERAL.—Prior to the admission of a new 

country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall 

conduct an independent intelligence assessment of a nominated country and member of the program. 

‘‘(B) REPORTING REQUIREMENT.—The Director shall provide to the Secretary of Homeland Security, the Secretary 

of State, and the Attorney General the independent intelligence assessment required under subparagraph (A). 

‘‘(C) CONTENTS.—The independent intelligence assessment conducted by the Director shall include— 

‘‘(i) a review of all current, credible terrorist 

threats of the subject country; 

‘‘(ii) an evaluation of the subject country’s 

counterterrorism efforts; 

‘‘(iii) an evaluation as to the extent of the country’s 

sharing of information beneficial to suppressing terrorist movements, financing, or actions; 

‘‘(iv) an assessment of the risks associated with 

including the subject country in the program; and 

‘‘(v) recommendations to mitigate the risks identified in clause (iv).’’; 

(C) in subsection (d)— 

(i) by striking ‘‘Attorney General’’ and inserting 

‘‘Secretary of Homeland Security’’; and 

(ii) by adding at the end the following new sentence: ‘‘The Secretary of Homeland Security may not 

waive any eligibility requirement under this section 

unless the Secretary notifies, with respect to the House 

of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee 

on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee 

on Homeland Security and Governmental Affairs, the 

Committee on the Judiciary, the Committee on Foreign 

Relations, and the Committee on Appropriations not 

later than 30 days before the effective date of such 

waiver.’’; 

(D) in subsection (f)(5)— 

(i) by striking ‘‘Attorney General’’ each place it 

appears and inserting ‘‘Secretary of Homeland Security’’; and 
H. R. 1—79 

(ii) by striking ‘‘of blank’’ and inserting ‘‘or loss 

of’’; 

(E) in subsection (h), by adding at the end the following 

new paragraph: 

‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.— 

‘‘(A) SYSTEM.—The Secretary of Homeland Security, 

in consultation with the Secretary of State, shall develop 

and implement a fully automated electronic travel 

authorization system (referred to in this paragraph as the 

‘System’) to collect such biographical and other information 

as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility 

of, and whether there exists a law enforcement or security 

risk in permitting, the alien to travel to the United States. 

‘‘(B) FEES.—The Secretary of Homeland Security may 

charge a fee for the use of the System, which shall be— 

‘‘(i) set at a level that will ensure recovery of 

the full costs of providing and administering the 

System; and 

‘‘(ii) available to pay the costs incurred to administer the System. 

‘‘(C) VALIDITY.— 

‘‘(i) PERIOD.—The Secretary of Homeland Security, 

in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to 

exceed three years, during which a determination of 

eligibility to travel under the program will be valid. 

Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke 

any such determination at any time and for any reason. 

‘‘(ii) LIMITATION.—A determination by the Secretary of Homeland Security that an alien is eligible 

to travel to the United States under the program is 

not a determination that the alien is admissible to 

the United States. 

‘‘(iii) NOT A DETERMINATION OF VISA ELIGIBILITY.— 

A determination by the Secretary of Homeland Security 

that an alien who applied for authorization to travel 

to the United States through the System is not eligible 

to travel under the program is not a determination 

of eligibility for a visa to travel to the United States 

and shall not preclude the alien from applying for 

a visa. 

‘‘(iv) JUDICIAL REVIEW.—Notwithstanding any 

other provision of law, no court shall have jurisdiction 

to review an eligibility determination under the 

System. 

‘‘(D) REPORT.—Not later than 60 days before publishing 

notice regarding the implementation of the System in the 

Federal Register, the Secretary of Homeland Security shall 

submit a report regarding the implementation of the system 

to— 

‘‘(i) the Committee on Homeland Security of the 

House of Representatives; 

‘‘(ii) the Committee on the Judiciary of the House 

of Representatives; 
H. R. 1—80 

‘‘(iii) the Committee on Foreign Affairs of the 

House of Representatives; 

‘‘(iv) the Permanent Select Committee on Intelligence of the House of Representatives; 

‘‘(v) the Committee on Appropriations of the House 

of Representatives; 

‘‘(vi) the Committee on Homeland Security and 

Governmental Affairs of the Senate; 

‘‘(vii) the Committee on the Judiciary of the Senate; 

‘‘(viii) the Committee on Foreign Relations of the 

Senate; 

‘‘(ix) the Select Committee on Intelligence of the 

Senate; and 

‘‘(x) the Committee on Appropriations of the 

Senate.’’; and 

(F) by adding at the end the following new subsection: 

‘‘(i) EXIT SYSTEM.— 

‘‘(1) IN GENERAL.—Not later than one year after the date 

of the enactment of this subsection, the Secretary of Homeland 

Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section. 

‘‘(2) SYSTEM REQUIREMENTS.—The system established under 

paragraph (1) shall— 

‘‘(A) match biometric information of the alien against 

relevant watch lists and immigration information; and 

‘‘(B) compare such biometric information against manifest information collected by air carriers on passengers 

departing the United States to confirm such aliens have 

departed the United States. 

‘‘(3) REPORT.—Not later than 180 days after the date of 

the enactment of this subsection, the Secretary shall submit 

to Congress a report that describes— 

‘‘(A) the progress made in developing and deploying 

the exit system established under this subsection; and 

‘‘(B) the procedures by which the Secretary shall 

improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay 

in the United States.’’. 

(2) EFFECTIVE DATE.—Section 217(a)(11) of the Immigration 

and Nationality Act, as added by paragraph (1)(A)(ii), shall 

take effect on the date that is 60 days after the date on 

which the Secretary of Homeland Security publishes notice 

in the Federal Register of the requirement under such paragraph. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Homeland Security such 

sums as may be necessary to carry out this section and the amendments made by this section. 
H. R. 1—81 

Subtitle C—Strengthening Terrorism 

Prevention Programs 

SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND TRAFFICKING CENTER. 

(a) IN GENERAL.—Section 7202 of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended— 

(1) in subsection (c)(1), by striking ‘‘address’’ and inserting 

‘‘integrate and disseminate intelligence and information related 

to’’; 

(2) by redesignating subsections (d) and (e) as subsections 

(g) and (h), respectively; and 

(3) by inserting after subsection (c) the following new subsections: 

‘‘(d) DIRECTOR.—The Secretary of Homeland Security shall 

nominate an official of the Government of the United States to 

serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the ‘Human 

Smuggling and Trafficking Center (HSTC) Charter’. 

‘‘(e) STAFFING OF THE CENTER.— ‘‘(1) IN GENERAL.—The Secretary of Homeland Security, 

in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer 

than 40 full-time equivalent positions, including, as appropriate, detailees from the following: 

‘‘(A) Agencies and offices within the Department of 

Homeland Security, including the following: 

‘‘(i) The Office of Intelligence and Analysis. 

‘‘(ii) The Transportation Security Administration. 

‘‘(iii) United States Citizenship and Immigration 

Services. 

‘‘(iv) United States Customs and Border Protection. 

‘‘(v) The United States Coast Guard. 

‘‘(vi) United States Immigration and Customs 

Enforcement. 

‘‘(B) Other departments, agencies, or entities, including 

the following: 

‘‘(i) The Central Intelligence Agency. 

‘‘(ii) The Department of Defense. 

‘‘(iii) The Department of the Treasury. 

‘‘(iv) The National Counterterrorism Center. 

‘‘(v) The National Security Agency. 

‘‘(vi) The Department of Justice. 

‘‘(vii) The Department of State. 

‘‘(viii) Any other relevant agency or department. 

‘‘(2) EXPERTISE OF DETAILEES.—The Secretary of Homeland 

Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure 

that the detailees provided to the Center under such paragraph 

include an adequate number of personnel who are— 

‘‘(A) intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and 

‘‘(B) personnel with experience in the areas of— 

‘‘(i) consular affairs; 

‘‘(ii) counterterrorism; 
H. R. 1—82 

‘‘(iii) criminal law enforcement; 

‘‘(iv) intelligence analysis; 

‘‘(v) prevention and detection of document fraud; 

‘‘(vi) border inspection; 

‘‘(vii) immigration enforcement; or 

‘‘(viii) human trafficking and combating severe 

forms of trafficking in persons. 

‘‘(3) ENHANCED PERSONNEL MANAGEMENT.— 

‘‘(A) INCENTIVES FOR SERVICE IN CERTAIN POSITIONS.— 

‘‘(i) IN GENERAL.—The Secretary of Homeland 

Security, and the heads of other relevant agencies, 

shall prescribe regulations or promulgate personnel 

policies to provide incentives for service on the staff 

of the Center, particularly for serving terms of at least 

two years duration. 

‘‘(ii) FORMS OF INCENTIVES.—Incentives under 

clause (i) may include financial incentives, bonuses, 

and such other awards and incentives as the Secretary 

and the heads of other relevant agencies, consider 

appropriate. 

‘‘(B) ENHANCED PROMOTION FOR SERVICE AT THE

CENTER.—Notwithstanding any other provision of law, the 

Secretary of Homeland Security, and the heads of other 

relevant agencies, shall ensure that personnel who are 

assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than 

similarly situated personnel of such agencies who are not 

so assigned or detailed, except that this subparagraph shall 

not apply in the case of personnel who are subject to 

the provisions of the Foreign Service Act of 1980. 

‘‘(f) ADMINISTRATIVE SUPPORT AND FUNDING.—The Secretary 

of Homeland Security shall provide to the Center the administrative 

support and funding required for its maintenance, including funding 

for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to 

carry out its functions.’’. 

(b) REPORT.—Subsection (g) of section 7202 of the Intelligence 

Reform and Terrorism Prevention Act of 2004, as redesignated 

by subsection (a)(2), is amended to read as follows: 

‘‘(g) REPORT.— 

‘‘(1) INITIAL REPORT.—Not later than 180 days after 

December 17, 2004, the President shall transmit to Congress 

a report regarding the implementation of this section, including 

a description of the staffing and resource needs of the Center. 

‘‘(2) FOLLOW-UP REPORT.—Not later than 180 days after 

the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall 

transmit to Congress a report regarding the operation of the 

Center and the activities carried out by the Center, including 

a description of— 

‘‘(A) the roles and responsibilities of each agency or 

department that is participating in the Center; 

‘‘(B) the mechanisms used to share information among 

each such agency or department; 

‘‘(C) the personnel provided to the Center by each 

such agency or department; 
H. R. 1—83 

‘‘(D) the type of information and reports being disseminated by the Center; 

‘‘(E) any efforts by the Center to create a centralized 

Federal Government database to store information related 

to unlawful travel of foreign nationals, including a description of any such database and of the manner in which 

information utilized in such a database would be collected, 

stored, and shared; 

‘‘(F) how each agency and department shall utilize 

its resources to ensure that the Center uses intelligence 

to focus and drive its efforts; 

‘‘(G) efforts to consolidate networked systems for the 

Center; 

‘‘(H) the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall 

be consistent with section 1016(b); 

‘‘(I) the ability of participating personnel in the Center 

to freely access necessary databases and share information 

regarding issues related to human smuggling, trafficking 

in persons, and terrorist travel; 

‘‘(J) how the assignment of personnel to the Center 

is incorporated into the civil service career path of such 

personnel; and 

‘‘(K) cooperation and coordination efforts, including any 

memorandums of understanding, among participating 

agencies and departments regarding issues related to 

human smuggling, trafficking in persons, and terrorist 

travel.’’. 

(c) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND

ANALYSIS.—Section 7202 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 is amended by adding after subsection 

(h), as redesignated by subsection (a)(2), the following new subsection: 

‘‘(i) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND

ANALYSIS.—The Office of Intelligence and Analysis, in coordination 

with the Center, shall submit to relevant State, local, and tribal 

law enforcement agencies periodic reports regarding terrorist 

threats related to human smuggling, human trafficking, and terrorist travel.’’. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Homeland Security 

$20,000,000 for fiscal year 2008 to carry out section 7202 of the 

Intelligence Reform and Terrorism Prevention Act of 2004, as 

amended by this section. 

SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM. 

Section 7215 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123) is amended to read as follows: 

‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM. 

‘‘(a) REQUIREMENT TO ESTABLISH.—Not later than 90 days after 

the date of the enactment of the Implementing Recommendations 

of the 9/11 Commission Act of 2007, the Secretary of Homeland 

Security, in consultation with the Director of the National 

Counterterrorism Center and consistent with the strategy developed 

under section 7201, shall establish a program to oversee the 
H. R. 1—84 

implementation of the Secretary’s responsibilities with respect to 

terrorist travel. 

‘‘(b) HEAD OF THE PROGRAM.—The Secretary of Homeland Security shall designate an official of the Department of Homeland 

Security to be responsible for carrying out the program. Such official 

shall be— 

‘‘(1) the Assistant Secretary for Policy of the Department 

of Homeland Security; or 

‘‘(2) an official appointed by the Secretary who reports 

directly to the Secretary. 

‘‘(c) DUTIES.—The official designated under subsection (b) shall 

assist the Secretary of Homeland Security in improving the Department’s ability to prevent terrorists from entering the United States 

or remaining in the United States undetected by— 

‘‘(1) developing relevant strategies and policies; 

‘‘(2) reviewing the effectiveness of existing programs and 

recommending improvements, if necessary; 

‘‘(3) making recommendations on budget requests and on 

the allocation of funding and personnel; 

‘‘(4) ensuring effective coordination, with respect to policies, 

programs, planning, operations, and dissemination of intelligence and information related to terrorist travel— 

‘‘(A) among appropriate subdivisions of the Department 

of Homeland Security, as determined by the Secretary and 

including— 

‘‘(i) United States Customs and Border Protection; 

‘‘(ii) United States Immigration and Customs 

Enforcement; 

‘‘(iii) United States Citizenship and Immigration 

Services; 

‘‘(iv) the Transportation Security Administration; 

and 

‘‘(v) the United States Coast Guard; and 

‘‘(B) between the Department of Homeland Security 

and other appropriate Federal agencies; and 

‘‘(5) serving as the Secretary’s primary point of contact 

with the National Counterterrorism Center for implementing 

initiatives related to terrorist travel and ensuring that the 

recommendations of the Center related to terrorist travel are 

carried out by the Department. 

‘‘(d) REPORT.—Not later than 180 days after the date of the 

enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, the Secretary of Homeland Security shall 

submit to the Committee on Homeland Security and Governmental 

Affairs of the Senate and the Committee on Homeland Security 

of the House of Representatives a report on the implementation 

of this section.’’. 

SEC. 723. ENHANCED DRIVER’S LICENSE. 

Section 7209(b)(1) of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (8 U.S.C. 1185 note) is amended— 

(1) in subparagraph (B)— 

(A) in clause (vi), by striking ‘‘and’’ at the end; 

(B) in clause (vii), by striking the period at the end 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following new clause: 
H. R. 1—85 

‘‘(viii) the signing of a memorandum of agreement 

to initiate a pilot program with not less than one 

State to determine if an enhanced driver’s license, 

which is machine-readable and tamper proof, not valid 

for certification of citizenship for any purpose other 

than admission into the United States from Canada 

or Mexico, and issued by such State to an individual, 

may permit the individual to use the driver’s license 

to meet the documentation requirements under 

subparagraph (A) for entry into the United States from 

Canada or Mexico at land and sea ports of entry.’’; 

and 

(2) by adding at the end the following new subparagraph: 

‘‘(C) REPORT.—Not later than 180 days after the initiation of the pilot program described in subparagraph 

(B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report which includes— 

‘‘(i) an analysis of the impact of the pilot program 

on national security; 

‘‘(ii) recommendations on how to expand the pilot 

program to other States; 

‘‘(iii) any appropriate statutory changes to facilitate 

the expansion of the pilot program to additional States 

and to citizens of Canada; 

‘‘(iv) a plan to screen individuals participating in 

the pilot program against United States terrorist watch 

lists; and 

‘‘(v) a recommendation for the type of machinereadable technology that should be used in enhanced 

driver’s licenses, based on individual privacy considerations and the costs and feasibility of incorporating 

any new technology into existing driver’s licenses.’’. 

SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE. 

Before the Secretary of Homeland Security publishes a final 

rule in the Federal Register implementing section 7209 of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (Public 

Law 108–458; 8 U.S.C. 1185 note)— 

(1) the Secretary of Homeland Security shall complete a 

cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under such section 7209; and 

(2) the Secretary of State shall develop proposals for 

reducing the execution fee charged for the passport card, proposed at 71 Fed. Reg. 60928–32 (October 17, 2006), including 

the use of mobile application teams, during implementation 

of the land and sea phase of the Western Hemisphere Travel 

Initiative, in order to encourage United States citizens to apply 

for the passport card. 

SEC. 725. MODEL PORTS-OF-ENTRY. 

(a) IN GENERAL.—The Secretary of Homeland Security shall— 

(1) establish a model ports-of-entry program for the purpose 

of providing a more efficient and welcoming international 

arrival process in order to facilitate and promote business and 

tourist travel to the United States, while also improving security; and 
H. R. 1—86 

(2) implement the program initially at the 20 United States 

international airports that have the highest number of foreign 

visitors arriving annually as of the date of the enactment 

of this Act. 

(b) PROGRAM ELEMENTS.—The program shall include— 

(1) enhanced queue management in the Federal Inspection 

Services area leading up to primary inspection; 

(2) assistance for foreign travelers once they have been 

admitted to the United States, in consultation, as appropriate, 

with relevant governmental and nongovernmental entities; and 

(3) instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal 

Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome 

videos. 

(c) ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS

FOR HIGH-VOLUME PORTS.—Subject to the availability of appropriations, not later than the end of fiscal year 2008 the Secretary 

of Homeland Security shall employ not fewer than an additional 

200 Customs and Border Protection officers over the number of 

such positions for which funds were appropriated for the proceeding 

fiscal year to address staff shortages at the 20 United States international airports that have the highest number of foreign visitors 

arriving annually as of the date of the enactment of this Act. 

Subtitle D—Miscellaneous Provisions 

SEC. 731. REPORT REGARDING BORDER SECURITY. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of Homeland Security 

shall submit to Congress a report regarding ongoing initiatives 

of the Department of Homeland Security to improve security along 

the northern border of the United States. 

(b) CONTENTS.—The report submitted under subsection (a) 

shall— 

(1) address the vulnerabilities along the northern border 

of the United States; and 

(2) provide recommendations to address such 

vulnerabilities, including required resources needed to protect 

the northern border of the United States. 

(c) GOVERNMENT ACCOUNTABILITY OFFICE.—Not later than 270 

days after the date of the submission of the report under subsection 

(a), the Comptroller General of the United States shall submit 

to Congress a report that— 

(1) reviews and comments on the report under subsection 

(a); and 

(2) provides recommendations regarding any additional 

actions necessary to protect the northern border of the United 

States. 
H. R. 1—87 

TITLE VIII—PRIVACY AND CIVIL 

LIBERTIES 

SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND 

CIVIL LIBERTIES OVERSIGHT BOARD. 

(a) MODIFICATION OF AUTHORITIES.—Section 1061 of the 

National Security Intelligence Reform Act of 2004 (5 U.S.C. 601 

note) is amended to read as follows: 

‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. 

‘‘(a) IN GENERAL.—There is established as an independent 

agency within the executive branch a Privacy and Civil Liberties 

Oversight Board (referred to in this section as the ‘Board’). 

‘‘(b) FINDINGS.—Consistent with the report of the National 

Commission on Terrorist Attacks Upon the United States, Congress 

makes the following findings: 

‘‘(1) In conducting the war on terrorism, the Government 

may need additional powers and may need to enhance the 

use of its existing powers. 

‘‘(2) This shift of power and authority to the Government 

calls for an enhanced system of checks and balances to protect 

the precious liberties that are vital to our way of life and 

to ensure that the Government uses its powers for the purposes 

for which the powers were given. 

‘‘(3) The National Commission on Terrorist Attacks Upon 

the United States correctly concluded that ‘The choice between 

security and liberty is a false choice, as nothing is more likely 

to endanger America’s liberties than the success of a terrorist 

attack at home. Our history has shown us that insecurity 

threatens liberty. Yet, if our liberties are curtailed, we lose 

the values that we are struggling to defend.’. 

‘‘(c) PURPOSE.—The Board shall— 

‘‘(1) analyze and review actions the executive branch takes 

to protect the Nation from terrorism, ensuring that the need 

for such actions is balanced with the need to protect privacy 

and civil liberties; and 

‘‘(2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation 

against terrorism. 

‘‘(d) FUNCTIONS.— 

‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND

IMPLEMENTATION.—The Board shall— 

‘‘(A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism, 

including the development and adoption of information 

sharing guidelines under subsections (d) and (f) of section 

1016; 

‘‘(B) review the implementation of new and existing 

legislation, regulations, and policies related to efforts to 

protect the Nation from terrorism, including the 

implementation of information sharing guidelines under 

subsections (d) and (f) of section 1016; 

‘‘(C) advise the President and the departments, agencies, and elements of the executive branch to ensure that 

privacy and civil liberties are appropriately considered in 
H. R. 1—88 

the development and implementation of such legislation, 

regulations, policies, and guidelines; and 

‘‘(D) in providing advice on proposals to retain or 

enhance a particular governmental power, consider 

whether the department, agency, or element of the executive branch has established— 

‘‘(i) that the need for the power is balanced with 

the need to protect privacy and civil liberties; 

‘‘(ii) that there is adequate supervision of the use 

by the executive branch of the power to ensure protection of privacy and civil liberties; and 

‘‘(iii) that there are adequate guidelines and oversight to properly confine its use. 

‘‘(2) OVERSIGHT.—The Board shall continually review— 

‘‘(A) the regulations, policies, and procedures, and the 

implementation of the regulations, policies, and procedures, 

of the departments, agencies, and elements of the executive 

branch relating to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected; 

‘‘(B) the information sharing practices of the departments, agencies, and elements of the executive branch 

relating to efforts to protect the Nation from terrorism 

to determine whether they appropriately protect privacy 

and civil liberties and adhere to the information sharing 

guidelines issued or developed under subsections (d) and 

(f) of section 1016 and to other governing laws, regulations, 

and policies regarding privacy and civil liberties; and 

‘‘(C) other actions by the executive branch relating 

to efforts to protect the Nation from terrorism to determine 

whether such actions— 

‘‘(i) appropriately protect privacy and civil liberties; 

and 

‘‘(ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties. 

‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFICERS.—The Board shall— 

‘‘(A) receive and review reports and other information 

from privacy officers and civil liberties officers under section 1062; 

‘‘(B) when appropriate, make recommendations to such 

privacy officers and civil liberties officers regarding their 

activities; and 

‘‘(C) when appropriate, coordinate the activities of such 

privacy officers and civil liberties officers on relevant interagency matters. 

‘‘(4) TESTIMONY.—The members of the Board shall appear 

and testify before Congress upon request. 

‘‘(e) REPORTS.— ‘‘(1) IN GENERAL.—The Board shall— 

‘‘(A) receive and review reports from privacy officers 

and civil liberties officers under section 1062; and 

‘‘(B) periodically submit, not less than semiannually, 

reports— 

‘‘(i)(I) to the appropriate committees of Congress, 

including the Committee on the Judiciary of the 

Senate, the Committee on the Judiciary of the House 
H. R. 1—89 

of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the 

Select Committee on Intelligence of the Senate, and 

the Permanent Select Committee on Intelligence of 

the House of Representatives; and 

‘‘(II) to the President; and 

‘‘(ii) which shall be in unclassified form to the 

greatest extent possible, with a classified annex where 

necessary. 

‘‘(2) CONTENTS.—Not less than 2 reports submitted each 

year under paragraph (1)(B) shall include— 

‘‘(A) a description of the major activities of the Board 

during the preceding period; 

‘‘(B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and 

oversight functions under subsection (d); 

‘‘(C) the minority views on any findings, conclusions, 

and recommendations of the Board resulting from its advice 

and oversight functions under subsection (d); 

‘‘(D) each proposal reviewed by the Board under subsection (d)(1) that— 

‘‘(i) the Board advised against implementation; and 

‘‘(ii) notwithstanding such advice, actions were 

taken to implement; and 

‘‘(E) for the preceding period, any requests submitted 

under subsection (g)(1)(D) for the issuance of subpoenas 

that were modified or denied by the Attorney General. 

‘‘(f) INFORMING THE PUBLIC.—The Board shall— 

‘‘(1) make its reports, including its reports to Congress, 

available to the public to the greatest extent that is consistent 

with the protection of classified information and applicable 

law; and 

‘‘(2) hold public hearings and otherwise inform the public 

of its activities, as appropriate and in a manner consistent 

with the protection of classified information and applicable 

law. 

‘‘(g) ACCESS TO INFORMATION.— 

‘‘(1) AUTHORIZATION.—If determined by the Board to be 

necessary to carry out its responsibilities under this section, 

the Board is authorized to— 

‘‘(A) have access from any department, agency, or element of the executive branch, or any Federal officer or 

employee of any such department, agency, or element, to 

all relevant records, reports, audits, reviews, documents, 

papers, recommendations, or other relevant material, 

including classified information consistent with applicable 

law; 

‘‘(B) interview, take statements from, or take public 

testimony from personnel of any department, agency, or 

element of the executive branch, or any Federal officer 

or employee of any such department, agency, or element; 

‘‘(C) request information or assistance from any State, 

tribal, or local government; and 
H. R. 1—90 

‘‘(D) at the direction of a majority of the members 

of the Board, submit a written request to the Attorney 

General of the United States that the Attorney General 

require, by subpoena, persons (other than departments, 

agencies, and elements of the executive branch) to produce 

any relevant information, documents, reports, answers, 

records, accounts, papers, and other documentary or testimonial evidence. 

‘‘(2) REVIEW OF SUBPOENA REQUEST.— 

‘‘(A) IN GENERAL.—Not later than 30 days after the 

date of receipt of a request by the Board under paragraph 

(1)(D), the Attorney General shall— 

‘‘(i) issue the subpoena as requested; or 

‘‘(ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request 

has been modified or denied. 

‘‘(B) NOTIFICATION.—If a subpoena request is modified 

or denied under subparagraph (A)(ii), the Attorney General 

shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of 

the Senate and the Committee on the Judiciary of the 

House of Representatives. 

‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case of contumacy 

or failure to obey a subpoena issued pursuant to paragraph 

(1)(D), the United States district court for the judicial district 

in which the subpoenaed person resides, is served, or may 

be found may issue an order requiring such person to produce 

the evidence required by such subpoena. 

‘‘(4) AGENCY COOPERATION.—Whenever information or 

assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused 

or not provided, the Board shall report the circumstances to 

the head of the department, agency, or element concerned without delay. The head of the department, agency, or element 

concerned shall ensure that the Board is given access to the 

information, assistance, material, or personnel the Board determines to be necessary to carry out its functions. 

‘‘(h) MEMBERSHIP.— 

‘‘(1) MEMBERS.—The Board shall be composed of a fulltime chairman and 4 additional members, who shall be 

appointed by the President, by and with the advice and consent 

of the Senate. 

‘‘(2) QUALIFICATIONS.—Members of the Board shall be 

selected solely on the basis of their professional qualifications, 

achievements, public stature, expertise in civil liberties and 

privacy, and relevant experience, and without regard to political 

affiliation, but in no event shall more than 3 members of 

the Board be members of the same political party. The President shall, before appointing an individual who is not a member 

of the same political party as the President, consult with the 

leadership of that party, if any, in the Senate and House 

of Representatives. 

‘‘(3) INCOMPATIBLE OFFICE.—An individual appointed to the 

Board may not, while serving on the Board, be an elected 

official, officer, or employee of the Federal Government, other 

than in the capacity as a member of the Board. 
H. R. 1—91 

‘‘(4) TERM.—Each member of the Board shall serve a term 

of 6 years, except that— 

‘‘(A) a member appointed to a term of office after 

the commencement of such term may serve under such 

appointment only for the remainder of such term; and 

‘‘(B) upon the expiration of the term of office of a 

member, the member shall continue to serve until the 

member’s successor has been appointed and qualified, 

except that no member may serve under this subparagraph— 

‘‘(i) for more than 60 days when Congress is in 

session unless a nomination to fill the vacancy shall 

have been submitted to the Senate; or 

‘‘(ii) after the adjournment sine die of the session 

of the Senate in which such nomination is submitted. 

‘‘(5) QUORUM AND MEETINGS.—The Board shall meet upon 

the call of the chairman or a majority of its members. Three 

members of the Board shall constitute a quorum. 

‘‘(i) COMPENSATION AND TRAVEL EXPENSES.— ‘‘(1) COMPENSATION.— ‘‘(A) CHAIRMAN.—The chairman of the Board shall be 

compensated at the rate of pay payable for a position 

at level III of the Executive Schedule under section 5314 

of title 5, United States Code. 

‘‘(B) MEMBERS.—Each member of the Board shall be 

compensated at a rate of pay payable for a position at 

level IV of the Executive Schedule under section 5315 

of title 5, United States Code, for each day during which 

that member is engaged in the actual performance of the 

duties of the Board. 

‘‘(2) TRAVEL EXPENSES.—Members of the Board shall be 

allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently 

by the Government under section 5703(b) of title 5, United 

States Code, while away from their homes or regular places 

of business in the performance of services for the Board. 

‘‘(j) STAFF.— 

‘‘(1) APPOINTMENT AND COMPENSATION.—The chairman of 

the Board, in accordance with rules agreed upon by the Board, 

shall appoint and fix the compensation of a full-time executive 

director and such other personnel as may be necessary to 

enable the Board to carry out its functions, without regard 

to the provisions of title 5, United States Code, governing 

appointments in the competitive service, and without regard 

to the provisions of chapter 51 and subchapter III of chapter 

53 of such title relating to classification and General Schedule 

pay rates, except that no rate of pay fixed under this subsection 

may exceed the equivalent of that payable for a position at 

level V of the Executive Schedule under section 5316 of title 

5, United States Code. 

‘‘(2) DETAILEES.—Any Federal employee may be detailed 

to the Board without reimbursement from the Board, and such 

detailee shall retain the rights, status, and privileges of the 

detailee’s regular employment without interruption. 

‘‘(3) CONSULTANT SERVICES.—The Board may procure the 

temporary or intermittent services of experts and consultants 

in accordance with section 3109 of title 5, United States Code, 
H. R. 1—92 

at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under 

section 5315 of such title. 

‘‘(k) SECURITY CLEARANCES.— 

‘‘(1) IN GENERAL.—The appropriate departments, agencies, 

and elements of the executive branch shall cooperate with 

the Board to expeditiously provide the Board members and 

staff with appropriate security clearances to the extent possible 

under existing procedures and requirements. 

‘‘(2) RULES AND PROCEDURES.—After consultation with the 

Secretary of Defense, the Attorney General, and the Director 

of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer, 

document, personnel, and other security relating to carrying 

out the functions of the Board. 

‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTEE.— 

The Board— 

‘‘(1) is an agency (as defined in section 551(1) of title 

5, United States Code); and 

‘‘(2) is not an advisory committee (as defined in section 

3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)). 

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section amounts as follows: 

‘‘(1) For fiscal year 2008, $5,000,000. 

‘‘(2) For fiscal year 2009, $6,650,000. 

‘‘(3) For fiscal year 2010, $8,300,000. 

‘‘(4) For fiscal year 2011, $10,000,000. 

‘‘(5) For fiscal year 2012 and each subsequent fiscal year, 

such sums as may be necessary.’’. 

(b) SECURITY RULES AND PROCEDURES.—The Privacy and Civil 

Liberties Oversight Board shall promptly adopt the security rules 

and procedures required under section 1061(k)(2) of the National 

Security Intelligence Reform Act of 2004 (as added by subsection 

(a) of this section). 

(c) TRANSITION PROVISIONS.— 

(1) TREATMENT OF INCUMBENT MEMBERS OF THE PRIVACY

AND CIVIL LIBERTIES OVERSIGHT BOARD.— 

(A) CONTINUATION OF SERVICE.—Any individual who 

is a member of the Privacy and Civil Liberties Oversight 

Board on the date of enactment of this Act may continue 

to serve on the Board until 180 days after the date of 

enactment of this Act. 

(B) TERMINATION OF TERMS.—The term of any individual who is a member of the Privacy and Civil Liberties 

Oversight Board on the date of enactment of this Act 

shall terminate 180 days after the date of enactment of 

this Act. 

(2) APPOINTMENTS.— 

(A) IN GENERAL.—The President and the Senate shall 

take such actions as necessary for the President, by and 

with the advice and consent of the Senate, to appoint 

members to the Privacy and Civil Liberties Oversight Board 

as constituted under the amendments made by subsection 

(a) in a timely manner to provide for the continuing operation of the Board and orderly implementation of this section. 
H. R. 1—93 

(B) DESIGNATIONS.—In making the appointments 

described under subparagraph (A) of the first members 

of the Privacy and Civil Liberties Oversight Board as constituted under the amendments made by subsection (a), 

the President shall provide for the members to serve terms 

of 2, 3, 4, 5, and 6 years beginning on the effective date 

described under subsection (d)(1), with the term of each 

such member to be designated by the President. 

(d) EFFECTIVE DATE.— 

(1) IN GENERAL.—The amendments made by subsection 

(a) and subsection (b) shall take effect 180 days after the 

date of enactment of this Act. 

(2) TRANSITION PROVISIONS.—Subsection (c) shall take effect 

on the date of enactment of this Act. 

SEC. 802. DEPARTMENT PRIVACY OFFICER. 

Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 

142) is amended— 

(1) by inserting ‘‘(a) APPOINTMENT AND RESPONSIBILITIES.— ’’ before ‘‘The Secretary’’; and 

(2) by adding at the end the following: 

‘‘(b) AUTHORITY TO INVESTIGATE.— ‘‘(1) IN GENERAL.—The senior official appointed under subsection (a) may— 

‘‘(A) have access to all records, reports, audits, reviews, 

documents, papers, recommendations, and other materials 

available to the Department that relate to programs and 

operations with respect to the responsibilities of the senior 

official under this section; 

‘‘(B) make such investigations and reports relating to 

the administration of the programs and operations of the 

Department as are, in the senior official’s judgment, necessary or desirable; 

‘‘(C) subject to the approval of the Secretary, require 

by subpoena the production, by any person other than 

a Federal agency, of all information, documents, reports, 

answers, records, accounts, papers, and other data and 

documentary evidence necessary to performance of the 

responsibilities of the senior official under this section; 

and 

‘‘(D) administer to or take from any person an oath, 

affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this 

section. 

‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any subpoena issued 

under paragraph (1)(C) shall, in the case of contumacy or 

refusal to obey, be enforceable by order of any appropriate 

United States district court. 

‘‘(3) EFFECT OF OATHS.—Any oath, affirmation, or affidavit 

administered or taken under paragraph (1)(D) by or before 

an employee of the Privacy Office designated for that purpose 

by the senior official appointed under subsection (a) shall have 

the same force and effect as if administered or taken by or 

before an officer having a seal of office. 

‘‘(c) SUPERVISION AND COORDINATION.— ‘‘(1) IN GENERAL.—The senior official appointed under subsection (a) shall— 
H. R. 1—94 

‘‘(A) report to, and be under the general supervision 

of, the Secretary; and 

‘‘(B) coordinate activities with the Inspector General 

of the Department in order to avoid duplication of effort. 

‘‘(2) COORDINATION WITH THE INSPECTOR GENERAL.— 

‘‘(A) IN GENERAL.—Except as provided in subparagraph 

(B), the senior official appointed under subsection (a) may 

investigate any matter relating to possible violations or 

abuse concerning the administration of any program or 

operation of the Department relevant to the purposes under 

this section. 

‘‘(B) COORDINATION.— 

‘‘(i) REFERRAL.—Before initiating any investigation 

described under subparagraph (A), the senior official 

shall refer the matter and all related complaints, 

allegations, and information to the Inspector General 

of the Department. 

‘‘(ii) DETERMINATIONS AND NOTIFICATIONS BY THE

INSPECTOR GENERAL.— 

‘‘(I) IN GENERAL.—Not later than 30 days after 

the receipt of a matter referred under clause (i), 

the Inspector General shall— 

‘‘(aa) make a determination regarding 

whether the Inspector General intends to initiate an audit or investigation of the matter 

referred under clause (i); and 

‘‘(bb) notify the senior official of that determination. 

‘‘(II) INVESTIGATION NOT INITIATED.—If the 

Inspector General notifies the senior official under 

subclause (I)(bb) that the Inspector General 

intended to initiate an audit or investigation, but 

does not initiate that audit or investigation within 

90 days after providing that notification, the 

Inspector General shall further notify the senior 

official that an audit or investigation was not initiated. The further notification under this subclause 

shall be made not later than 3 days after the 

end of that 90-day period. 

‘‘(iii) INVESTIGATION BY SENIOR OFFICIAL.—The 

senior official may investigate a matter referred under 

clause (i) if— 

‘‘(I) the Inspector General notifies the senior 

official under clause (ii)(I)(bb) that the Inspector 

General does not intend to initiate an audit or 

investigation relating to that matter; or 

‘‘(II) the Inspector General provides a further 

notification under clause (ii)(II) relating to that 

matter. 

‘‘(iv) PRIVACY TRAINING.—Any employee of the 

Office of Inspector General who audits or investigates 

any matter referred under clause (i) shall be required 

to receive adequate training on privacy laws, rules, 

and regulations, to be provided by an entity approved 

by the Inspector General in consultation with the 

senior official appointed under subsection (a). 
H. R. 1—95 

‘‘(d) NOTIFICATION TO CONGRESS ON REMOVAL.—If the Secretary 

removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the 

Department, the Secretary shall— 

‘‘(1) promptly submit a written notification of the removal 

or transfer to Houses of Congress; and 

‘‘(2) include in any such notification the reasons for the 

removal or transfer. 

‘‘(e) REPORTS BY SENIOR OFFICIAL TO CONGRESS.—The senior 

official appointed under subsection (a) shall— 

‘‘(1) submit reports directly to the Congress regarding 

performance of the responsibilities of the senior official under 

this section, without any prior comment or amendment by 

the Secretary, Deputy Secretary, or any other officer or 

employee of the Department or the Office of Management and 

Budget; and 

‘‘(2) inform the Committee on Homeland Security and 

Governmental Affairs of the Senate and the Committee on 

Homeland Security of the House of Representatives not later 

than— 

‘‘(A) 30 days after the Secretary disapproves the senior 

official’s request for a subpoena under subsection (b)(1)(C) 

or the Secretary substantively modifies the requested subpoena; or 

‘‘(B) 45 days after the senior official’s request for a 

subpoena under subsection (b)(1)(C), if that subpoena has 

not either been approved or disapproved by the Secretary.’’. 

SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

(a) IN GENERAL.—Section 1062 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108–458; 118 

Stat. 3688) is amended to read as follows: 

‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney General, the 

Secretary of Defense, the Secretary of State, the Secretary of the 

Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, 

the Director of the Central Intelligence Agency, and the head of 

any other department, agency, or element of the executive branch 

designated by the Privacy and Civil Liberties Oversight Board 

under section 1061 to be appropriate for coverage under this section 

shall designate not less than 1 senior officer to serve as the principal 

advisor to— 

‘‘(1) assist the head of such department, agency, or element 

and other officials of such department, agency, or element 

in appropriately considering privacy and civil liberties concerns 

when such officials are proposing, developing, or implementing 

laws, regulations, policies, procedures, or guidelines related 

to efforts to protect the Nation against terrorism; 

‘‘(2) periodically investigate and review department, agency, 

or element actions, policies, procedures, guidelines, and related 

laws and their implementation to ensure that such department, 

agency, or element is adequately considering privacy and civil 

liberties in its actions; 

‘‘(3) ensure that such department, agency, or element has 

adequate procedures to receive, investigate, respond to, and 
H. R. 1—96 

redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil 

liberties; and 

‘‘(4) in providing advice on proposals to retain or enhance 

a particular governmental power the officer shall consider 

whether such department, agency, or element has established— 

‘‘(A) that the need for the power is balanced with 

the need to protect privacy and civil liberties; 

‘‘(B) that there is adequate supervision of the use by 

such department, agency, or element of the power to ensure 

protection of privacy and civil liberties; and 

‘‘(C) that there are adequate guidelines and oversight 

to properly confine its use. 

‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— ‘‘(1) PRIVACY OFFICERS.—In any department, agency, or 

element referred to in subsection (a) or designated by the 

Privacy and Civil Liberties Oversight Board, which has a statutorily created privacy officer, such officer shall perform the 

functions specified in subsection (a) with respect to privacy. 

‘‘(2) CIVIL LIBERTIES OFFICERS.—In any department, agency, 

or element referred to in subsection (a) or designated by the 

Board, which has a statutorily created civil liberties officer, 

such officer shall perform the functions specified in subsection 

(a) with respect to civil liberties. 

‘‘(c) SUPERVISION AND COORDINATION.—Each privacy officer or 

civil liberties officer described in subsection (a) or (b) shall— 

‘‘(1) report directly to the head of the department, agency, 

or element concerned; and 

‘‘(2) coordinate their activities with the Inspector General 

of such department, agency, or element to avoid duplication 

of effort. 

‘‘(d) AGENCY COOPERATION.—The head of each department, 

agency, or element shall ensure that each privacy officer and civil 

liberties officer— 

‘‘(1) has the information, material, and resources necessary 

to fulfill the functions of such officer; 

‘‘(2) is advised of proposed policy changes; 

‘‘(3) is consulted by decision makers; and 

‘‘(4) is given access to material and personnel the officer 

determines to be necessary to carry out the functions of such 

officer. 

‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No action constituting 

a reprisal, or threat of reprisal, for making a complaint or for 

disclosing information to a privacy officer or civil liberties officer 

described in subsection (a) or (b), or to the Privacy and Civil 

Liberties Oversight Board, that indicates a possible violation of 

privacy protections or civil liberties in the administration of the 

programs and operations of the Federal Government relating to 

efforts to protect the Nation from terrorism shall be taken by 

any Federal employee in a position to take such action, unless 

the complaint was made or the information was disclosed with 

the knowledge that it was false or with willful disregard for its 

truth or falsity. 

‘‘(f) PERIODIC REPORTS.— ‘‘(1) IN GENERAL.—The privacy officers and civil liberties 

officers of each department, agency, or element referred to 

or described in subsection (a) or (b) shall periodically, but 
H. R. 1—97 

not less than quarterly, submit a report on the activities of 

such officers— 

‘‘(A)(i) to the appropriate committees of Congress, 

including the Committee on the Judiciary of the Senate, 

the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight 

and Government Reform of the House of Representatives, 

the Select Committee on Intelligence of the Senate, and 

the Permanent Select Committee on Intelligence of the 

House of Representatives; 

‘‘(ii) to the head of such department, agency, or element; and 

‘‘(iii) to the Privacy and Civil Liberties Oversight 

Board; and 

‘‘(B) which shall be in unclassified form to the greatest 

extent possible, with a classified annex where necessary. 

‘‘(2) CONTENTS.—Each report submitted under paragraph 

(1) shall include information on the discharge of each of the 

functions of the officer concerned, including— 

‘‘(A) information on the number and types of reviews 

undertaken; 

‘‘(B) the type of advice provided and the response given 

to such advice; 

‘‘(C) the number and nature of the complaints received 

by the department, agency, or element concerned for alleged 

violations; and 

‘‘(D) a summary of the disposition of such complaints, 

the reviews and inquiries conducted, and the impact of 

the activities of such officer. 

‘‘(g) INFORMING THE PUBLIC.—Each privacy officer and civil 

liberties officer shall— 

‘‘(1) make the reports of such officer, including reports 

to Congress, available to the public to the greatest extent 

that is consistent with the protection of classified information 

and applicable law; and 

‘‘(2) otherwise inform the public of the activities of such 

officer, as appropriate and in a manner consistent with the 

protection of classified information and applicable law. 

‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall be construed to limit or otherwise supplant any other authorities or 

responsibilities provided by law to privacy officers or civil liberties 

officers.’’. 

(b) CLERICAL AMENDMENT.—The table of contents for the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 

108–458) is amended by striking the item relating to section 1062 

and inserting the following new item: 

‘‘Sec. 1062. Privacy and civil liberties officers.’’. 

SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Federal 

Agency Data Mining Reporting Act of 2007’’. 

(b) DEFINITIONS.—In this section: 

(1) DATA MINING.—The term ‘‘data mining’’ means a program involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where— 
H. R. 1—98 

(A) a department or agency of the Federal Government, 

or a non-Federal entity acting on behalf of the Federal 

Government, is conducting the queries, searches, or other 

analyses to discover or locate a predictive pattern or 

anomaly indicative of terrorist or criminal activity on the 

part of any individual or individuals; 

(B) the queries, searches, or other analyses are not 

subject-based and do not use personal identifiers of a specific individual, or inputs associated with a specific individual or group of individuals, to retrieve information from 

the database or databases; and 

(C) the purpose of the queries, searches, or other analyses is not solely— 

(i) the detection of fraud, waste, or abuse in a 

Government agency or program; or 

(ii) the security of a Government computer system. 

(2) DATABASE.—The term ‘‘database’’ does not include telephone directories, news reporting, information publicly available to any member of the public without payment of a fee, 

or databases of judicial and administrative opinions or other 

legal research sources. 

(c) REPORTS ON DATA MINING ACTIVITIES BY FEDERAL AGENCIES.— 

(1) REQUIREMENT FOR REPORT.—The head of each department or agency of the Federal Government that is engaged 

in any activity to use or develop data mining shall submit 

a report to Congress on all such activities of the department 

or agency under the jurisdiction of that official. The report 

shall be produced in coordination with the privacy officer of 

that department or agency, if applicable, and shall be made 

available to the public, except for an annex described in 

subparagraph (C). 

(2) CONTENT OF REPORT.—Each report submitted under 

subparagraph (A) shall include, for each activity to use or 

develop data mining, the following information: 

(A) A thorough description of the data mining activity, 

its goals, and, where appropriate, the target dates for the 

deployment of the data mining activity. 

(B) A thorough description of the data mining technology that is being used or will be used, including the 

basis for determining whether a particular pattern or 

anomaly is indicative of terrorist or criminal activity. 

(C) A thorough description of the data sources that 

are being or will be used. 

(D) An assessment of the efficacy or likely efficacy 

of the data mining activity in providing accurate information consistent with and valuable to the stated goals and 

plans for the use or development of the data mining 

activity. 

(E) An assessment of the impact or likely impact of 

the implementation of the data mining activity on the 

privacy and civil liberties of individuals, including a thorough description of the actions that are being taken or 

will be taken with regard to the property, privacy, or other 

rights or privileges of any individual or individuals as 

a result of the implementation of the data mining activity. 
H. R. 1—99 

(F) A list and analysis of the laws and regulations 

that govern the information being or to be collected, 

reviewed, gathered, analyzed, or used in conjunction with 

the data mining activity, to the extent applicable in the 

context of the data mining activity. 

(G) A thorough discussion of the policies, procedures, 

and guidelines that are in place or that are to be developed 

and applied in the use of such data mining activity in 

order to— 

(i) protect the privacy and due process rights of 

individuals, such as redress procedures; and 

(ii) ensure that only accurate and complete 

information is collected, reviewed, gathered, analyzed, 

or used, and guard against any harmful consequences 

of potential inaccuracies. 

(3) ANNEX.— 

(A) IN GENERAL.—A report under subparagraph (A) 

shall include in an annex any necessary— 

(i) classified information; 

(ii) law enforcement sensitive information; 

(iii) proprietary business information; or 

(iv) trade secrets (as that term is defined in section 

1839 of title 18, United States Code). 

(B) AVAILABILITY.—Any annex described in clause (i)— 

(i) shall be available, as appropriate, and consistent with the National Security Act of 1947 (50 

U.S.C. 401 et seq.), to the Committee on Homeland 

Security and Governmental Affairs, the Committee on 

the Judiciary, the Select Committee on Intelligence, 

the Committee on Appropriations, and the Committee 

on Banking, Housing, and Urban Affairs of the Senate 

and the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Financial Services of the 

House of Representatives; and 

(ii) shall not be made available to the public. 

(4) TIME FOR REPORT.—Each report required under 

subparagraph (A) shall be— 

(A) submitted not later than 180 days after the date 

of enactment of this Act; and 

(B) updated not less frequently than annually thereafter, to include any activity to use or develop data mining 

engaged in after the date of the prior report submitted 

under subparagraph (A). 

TITLE IX—PRIVATE SECTOR 

PREPAREDNESS 

SEC. 901. PRIVATE SECTOR PREPAREDNESS. 

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

2002 (6 U.S.C. 311 et seq.), as amended by section 409, is further 

amended by adding at the end the following: 
H. R. 1—100 

‘‘SEC. 523. GUIDANCE AND RECOMMENDATIONS. 

‘‘(a) IN GENERAL.—Consistent with their responsibilities and 

authorities under law, as of the day before the date of the enactment 

of this section, the Administrator and the Assistant Secretary for 

Infrastructure Protection, in consultation with the private sector, 

may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in— 

‘‘(1) identifying potential hazards and assessing risks and 

impacts; 

‘‘(2) mitigating the impact of a wide variety of hazards, 

including weapons of mass destruction; 

‘‘(3) managing necessary emergency preparedness and 

response resources; 

‘‘(4) developing mutual aid agreements; 

‘‘(5) developing and maintaining emergency preparedness 

and response plans, and associated operational procedures; 

‘‘(6) developing and conducting training and exercises to 

support and evaluate emergency preparedness and response 

plans and operational procedures; 

‘‘(7) developing and conducting training programs for security guards to implement emergency preparedness and response 

plans and operations procedures; and 

‘‘(8) developing procedures to respond to requests for 

information from the media or the public. 

‘‘(b) ISSUANCE AND PROMOTION.—Any guidance or recommendations developed or best practices identified under subsection (a) 

shall be— 

‘‘(1) issued through the Administrator; and 

‘‘(2) promoted by the Secretary to the private sector. 

‘‘(c) SMALL BUSINESS CONCERNS.—In developing guidance or 

recommendations or identifying best practices under subsection (a), 

the Administrator and the Assistant Secretary for Infrastructure 

Protection shall take into consideration small business concerns 

(under the meaning given that term in section 3 of the Small 

Business Act (15 U.S.C. 632)), including any need for separate 

guidance or recommendations or best practices, as necessary and 

appropriate. 

‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section may 

be construed to supersede any requirement established under any 

other provision of law. 

‘‘SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND CERTIFICATION PROGRAM. 

‘‘(a) ESTABLISHMENT.— 

‘‘(1) IN GENERAL.—The Secretary, acting through the officer 

designated under paragraph (2), shall establish and implement 

the voluntary private sector preparedness accreditation and 

certification program in accordance with this section. 

‘‘(2) DESIGNATION OF OFFICER.—The Secretary shall designate an officer responsible for the accreditation and certification program under this section. Such officer (hereinafter 

referred to in this section as the ‘designated officer’) shall 

be one of the following: 

‘‘(A) The Administrator, based on consideration of— 

‘‘(i) the expertise of the Administrator in emergency management and preparedness in the United 

States; and 
H. R. 1—101 

‘‘(ii) the responsibilities of the Administrator as 

the principal advisor to the President for all matters 

relating to emergency management in the United 

States. 

‘‘(B) The Assistant Secretary for Infrastructure Protection, based on consideration of the expertise of the Assistant 

Secretary in, and responsibilities for— 

‘‘(i) protection of critical infrastructure; 

‘‘(ii) risk assessment methodologies; and 

‘‘(iii) interacting with the private sector on the 

issues described in clauses (i) and (ii). 

‘‘(C) The Under Secretary for Science and Technology, 

based on consideration of the expertise of the Under Secretary in, and responsibilities associated with, standards. 

‘‘(3) COORDINATION.—In carrying out the accreditation and 

certification program under this section, the designated officer 

shall coordinate with— 

‘‘(A) the other officers of the Department referred to 

in paragraph (2), using the expertise and responsibilities 

of such officers; and 

‘‘(B) the Special Assistant to the Secretary for the 

Private Sector, based on consideration of the expertise of 

the Special Assistant in, and responsibilities for, interacting 

with the private sector. 

‘‘(b) VOLUNTARY PRIVATE SECTOR PREPAREDNESS STANDARDS; 

VOLUNTARY ACCREDITATION AND CERTIFICATION PROGRAM FOR THE

PRIVATE SECTOR.— ‘‘(1) ACCREDITATION AND CERTIFICATION PROGRAM.—Not 

later than 210 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, 

the designated officer shall— 

‘‘(A) begin supporting the development and updating, 

as necessary, of voluntary preparedness standards through 

appropriate organizations that coordinate or facilitate the 

development and use of voluntary consensus standards and 

voluntary consensus standards development organizations; 

and 

‘‘(B) in consultation with representatives of appropriate 

organizations that coordinate or facilitate the development 

and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, 

each private sector advisory council created under section 

102(f)(4), appropriate representatives of State and local 

governments, including emergency management officials, 

and appropriate private sector advisory groups, such as 

sector coordinating councils and information sharing and 

analysis centers— 

‘‘(i) develop and promote a program to certify the 

preparedness of private sector entities that voluntarily 

choose to seek certification under the program; and 

‘‘(ii) implement the program under this subsection 

through any entity with which the designated officer 

enters into an agreement under paragraph (3)(A), 

which shall accredit third parties to carry out the 

certification process under this section. 

‘‘(2) PROGRAM ELEMENTS.— ‘‘(A) IN GENERAL.— 
H. R. 1—102 

‘‘(i) PROGRAM.—The program developed and implemented under this subsection shall assess whether a 

private sector entity complies with voluntary preparedness standards. 

‘‘(ii) GUIDELINES.—In developing the program 

under this subsection, the designated officer shall 

develop guidelines for the accreditation and certification processes established under this subsection. 

‘‘(B) STANDARDS.—The designated officer, in consultation with representatives of appropriate organizations that 

coordinate or facilitate the development and use of voluntary consensus standards, representatives of appropriate 

voluntary consensus standards development organizations, 

each private sector advisory council created under section 

102(f)(4), appropriate representatives of State and local 

governments, including emergency management officials, 

and appropriate private sector advisory groups such as 

sector coordinating councils and information sharing and 

analysis centers— 

‘‘(i) shall adopt one or more appropriate voluntary 

preparedness standards that promote preparedness, 

which may be tailored to address the unique nature 

of various sectors within the private sector, as necessary and appropriate, that shall be used in the 

accreditation and certification program under this subsection; and 

‘‘(ii) after the adoption of one or more standards 

under clause (i), may adopt additional voluntary 

preparedness standards or modify or discontinue the 

use of voluntary preparedness standards for the 

accreditation and certification program, as necessary 

and appropriate to promote preparedness. 

‘‘(C) SUBMISSION OF RECOMMENDATIONS.—In adopting 

one or more standards under subparagraph (B), the designated officer may receive recommendations from any 

entity described in that subparagraph relating to appropriate voluntary preparedness standards, including appropriate sector specific standards, for adoption in the program. 

‘‘(D) SMALL BUSINESS CONCERNS.—The designated 

officer and any entity with which the designated officer 

enters into an agreement under paragraph (3)(A) shall 

establish separate classifications and methods of certification for small business concerns (under the meaning 

given that term in section 3 of the Small Business Act 

(15 U.S.C. 632)) for the program under this subsection. 

‘‘(E) CONSIDERATIONS.—In developing and implementing the program under this subsection, the designated 

officer shall— 

‘‘(i) consider the unique nature of various sectors 

within the private sector, including preparedness 

standards, business continuity standards, or best practices, established— 

‘‘(I) under any other provision of Federal law; 

or 
H. R. 1—103 

‘‘(II) by any sector-specific agency, as defined 

under Homeland Security Presidential Directive– 

7; and 

‘‘(ii) coordinate the program, as appropriate, with— 

‘‘(I) other Department private sector related 

programs; and 

‘‘(II) preparedness and business continuity programs in other Federal agencies. 

‘‘(3) ACCREDITATION AND CERTIFICATION PROCESSES.— 

‘‘(A) AGREEMENT.— 

‘‘(i) IN GENERAL.—Not later than 210 days after 

the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, 

the designated officer shall enter into one or more 

agreements with a highly qualified nongovernmental 

entity with experience or expertise in coordinating and 

facilitating the development and use of voluntary consensus standards and in managing or implementing 

accreditation and certification programs for voluntary 

consensus standards, or a similarly qualified private 

sector entity, to carry out accreditations and oversee 

the certification process under this subsection. An 

entity entering into an agreement with the designated 

officer under this clause (hereinafter referred to in 

this section as a ‘selected entity’) shall not perform 

certifications under this subsection. 

‘‘(ii) CONTENTS.—A selected entity shall manage 

the accreditation process and oversee the certification 

process in accordance with the program established 

under this subsection and accredit qualified third parties to carry out the certification program established 

under this subsection. 

‘‘(B) PROCEDURES AND REQUIREMENTS FOR ACCREDITA- TION AND CERTIFICATION.— ‘‘(i) IN GENERAL.—Any selected entity shall collaborate to develop procedures and requirements for the 

accreditation and certification processes under this 

subsection, in accordance with the program established 

under this subsection and guidelines developed under 

paragraph (2)(A)(ii). 

‘‘(ii) CONTENTS AND USE.—The procedures and 

requirements developed under clause (i) shall— 

‘‘(I) ensure reasonable uniformity in any 

accreditation and certification processes if there 

is more than one selected entity; and 

‘‘(II) be used by any selected entity in conducting accreditations and overseeing the certification process under this subsection. 

‘‘(iii) DISAGREEMENT.—Any disagreement among 

selected entities in developing procedures under clause 

(i) shall be resolved by the designated officer. 

‘‘(C) DESIGNATION.—A selected entity may accredit any 

qualified third party to carry out the certification process 

under this subsection. 

‘‘(D) DISADVANTAGED BUSINESS INVOLVEMENT.—In 

accrediting qualified third parties to carry out the certification process under this subsection, a selected entity shall 
H. R. 1—104 

ensure, to the extent practicable, that the third parties 

include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. The term 

‘disadvantaged business concern’ means a small business 

that is owned and controlled by socially and economically 

disadvantaged individuals, as defined in section 124 of 

title 13, United States Code of Federal Regulations. 

‘‘(E) TREATMENT OF OTHER CERTIFICATIONS.—At the 

request of any entity seeking certification, any selected 

entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification. If the 

selected entity determines that such other certifications 

are sufficient to meet the certification requirement or 

aspects of the certification requirement under this section, 

the selected entity may give credit to the entity seeking 

certification, as appropriate, to avoid unnecessarily duplicative certification requirements. 

‘‘(F) THIRD PARTIES.—To be accredited under subparagraph (C), a third party shall— 

‘‘(i) demonstrate that the third party has the ability 

to certify private sector entities in accordance with 

the procedures and requirements developed under 

subparagraph (B); 

‘‘(ii) agree to perform certifications in accordance 

with such procedures and requirements; 

‘‘(iii) agree not to have any beneficial interest in 

or any direct or indirect control over— 

‘‘(I) a private sector entity for which that third 

party conducts a certification under this subsection; or 

‘‘(II) any organization that provides preparedness consulting services to private sector entities; 

‘‘(iv) agree not to have any other conflict of interest 

with respect to any private sector entity for which 

that third party conducts a certification under this 

subsection; 

‘‘(v) maintain liability insurance coverage at policy 

limits in accordance with the requirements developed 

under subparagraph (B); and 

‘‘(vi) enter into an agreement with the selected 

entity accrediting that third party to protect any 

proprietary information of a private sector entity 

obtained under this subsection. 

‘‘(G) MONITORING.— 

‘‘(i) IN GENERAL.—The designated officer and any 

selected entity shall regularly monitor and inspect the 

operations of any third party conducting certifications 

under this subsection to ensure that the third party 

is complying with the procedures and requirements 

established under subparagraph (B) and all other 

applicable requirements. 

‘‘(ii) REVOCATION.—If the designated officer or any 

selected entity determines that a third party is not 

meeting the procedures or requirements established 

under subparagraph (B), the selected entity shall— 

‘‘(I) revoke the accreditation of that third party 

to conduct certifications under this subsection; and 
H. R. 1—105 

‘‘(II) review any certification conducted by that 

third party, as necessary and appropriate. 

‘‘(4) ANNUAL REVIEW.— 

‘‘(A) IN GENERAL.—The designated officer, in consultation with representatives of appropriate organizations that 

coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, appropriate 

representatives of State and local governments, including 

emergency management officials, and each private sector 

advisory council created under section 102(f)(4), shall 

annually review the voluntary accreditation and certification program established under this subsection to ensure 

the effectiveness of such program (including the operations 

and management of such program by any selected entity 

and the selected entity’s inclusion of qualified disadvantaged business concerns under paragraph (3)(D)) and make 

improvements and adjustments to the program as necessary and appropriate. 

‘‘(B) REVIEW OF STANDARDS.—Each review under 

subparagraph (A) shall include an assessment of the voluntary preparedness standard or standards used in the 

program under this subsection. 

‘‘(5) VOLUNTARY PARTICIPATION.—Certification under this 

subsection shall be voluntary for any private sector entity. 

‘‘(6) PUBLIC LISTING.—The designated officer shall maintain 

and make public a listing of any private sector entity certified 

as being in compliance with the program established under 

this subsection, if that private sector entity consents to such 

listing. 

‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be 

construed as— 

‘‘(1) a requirement to replace any preparedness, emergency 

response, or business continuity standards, requirements, or 

best practices established— 

‘‘(A) under any other provision of federal law; or 

‘‘(B) by any sector-specific agency, as those agencies 

are defined under Homeland Security Presidential Directive–7; or 

‘‘(2) exempting any private sector entity seeking certification or meeting certification requirements under subsection 

(b) from compliance with all applicable statutes, regulations, 

directives, policies, and industry codes of practice.’’. 

(b) REPORT TO CONGRESS.—Not later than 210 days after the 

date of enactment of this Act, the Secretary shall submit to the 

Committee on Homeland Security and Governmental Affairs of 

the Senate and the Committee on Homeland Security and the 

Committee on Transportation and Infrastructure of the House of 

Representatives a report detailing— 

(1) any action taken to implement section 524(b) of the 

Homeland Security Act of 2002, as added by subsection (a), 

including a discussion of— 

(A) the separate methods of classification and certification for small business concerns (under the meaning 

given that term in section 3 of the Small Business Act 

(15 U.S.C. 632)) as compared to other private sector entities; and 
H. R. 1—106 

(B) whether the separate classifications and methods 

of certification for small business concerns are likely to 

help to ensure that such measures are not overly burdensome and are adequate to meet the voluntary preparedness 

standard or standards adopted by the program under section 524(b) of the Homeland Security Act of 2002, as added 

by subsection (a); and 

(2) the status, as of the date of that report, of the 

implementation of that subsection. 

(c) DEADLINE FOR DESIGNATION OF OFFICER.—The Secretary 

of Homeland Security shall designate the officer as described in 

section 524 of the Homeland Security Act of 2002, as added by 

subsection (a), by not later than 30 days after the date of the 

enactment of this Act. 

(d) DEFINITION.—Section 2 of the Homeland Security Act of 

2002 (6 U.S.C. 101) is amended by adding at the end the following: 

‘‘(18) The term ‘voluntary preparedness standards’ means 

a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute’s 

National Fire Protection Association Standard on Disaster/ 

Emergency Management and Business Continuity Programs 

(ANSI/NFPA 1600).’’. 

(e) CLERICAL AMENDMENTS.—The table of contents in section 

1(b) of such Act is further amended by adding at the end the 

following: 

‘‘Sec. 523. Guidance and recommendations. 

‘‘Sec. 524. Voluntary private sector preparedness accreditation and certification 

program.’’. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated such sums as may be necessary to carry out 

this section and the amendments made by this section. 

SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF 

THE DEPARTMENT. 

(a) IN GENERAL.—Section 102(f) of the Homeland Security Act 

of 2002 (6 U.S.C. 112(f)) is amended— 

(1) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and 

(2) by inserting after paragraph (7) the following: 

‘‘(8) providing information to the private sector regarding 

voluntary preparedness standards and the business justification 

for preparedness and promoting to the private sector the adoption of voluntary preparedness standards;’’. 

(b) PRIVATE SECTOR ADVISORY COUNCILS.—Section 102(f)(4) of 

the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended— 

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

(2) in subparagraph (B), by inserting ‘‘and’’ after the semicolon at the end; and 

(3) by adding at the end the following: 

‘‘(C) advise the Secretary on private sector preparedness issues, including effective methods for— 

‘‘(i) promoting voluntary preparedness standards 

to the private sector; and 

‘‘(ii) assisting the private sector in adopting voluntary preparedness standards;’’. 
H. R. 1—107 

TITLE X—IMPROVING CRITICAL 

INFRASTRUCTURE SECURITY 

SEC. 1001. NATIONAL ASSET DATABASE. 

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 

Act of 2002, as amended by title V, is further amended by adding 

at the end the following new section: 

‘‘SEC. 210E. NATIONAL ASSET DATABASE. 

‘‘(a) ESTABLISHMENT.— ‘‘(1) NATIONAL ASSET DATABASE.—The Secretary shall establish and maintain a national database of each system or asset 

that— 

‘‘(A) the Secretary, in consultation with appropriate 

homeland security officials of the States, determines to 

be vital and the loss, interruption, incapacity, or destruction 

of which would have a negative or debilitating effect on 

the economic security, public health, or safety of the United 

States, any State, or any local government; or 

‘‘(B) the Secretary determines is appropriate for inclusion in the database. 

‘‘(2) PRIORITIZED CRITICAL INFRASTRUCTURE LIST.—In 

accordance with Homeland Security Presidential Directive–7, 

as in effect on January 1, 2007, the Secretary shall establish 

and maintain a single classified prioritized list of systems and 

assets included in the database under paragraph (1) that the 

Secretary determines would, if destroyed or disrupted, cause 

national or regional catastrophic effects. 

‘‘(b) USE OF DATABASE.—The Secretary shall use the database 

established under subsection (a)(1) in the development and 

implementation of Department plans and programs as appropriate. 

‘‘(c) MAINTENANCE OF DATABASE.— 

‘‘(1) IN GENERAL.—The Secretary shall maintain and 

annually update the database established under subsection 

(a)(1) and the list established under subsection (a)(2), 

including— 

‘‘(A) establishing data collection guidelines and providing such guidelines to the appropriate homeland security 

official of each State; 

‘‘(B) regularly reviewing the guidelines established 

under subparagraph (A), including by consulting with the 

appropriate homeland security officials of States, to solicit 

feedback about the guidelines, as appropriate; 

‘‘(C) after providing the homeland security official of 

a State with the guidelines under subparagraph (A), 

allowing the official a reasonable amount of time to submit 

to the Secretary any data submissions recommended by 

the official for inclusion in the database established under 

subsection (a)(1); 

‘‘(D) examining the contents and identifying any 

submissions made by such an official that are described 

incorrectly or that do not meet the guidelines established 

under subparagraph (A); and 

‘‘(E) providing to the appropriate homeland security 

official of each relevant State a list of submissions identified 

under subparagraph (D) for review and possible correction 
H. R. 1—108 

before the Secretary finalizes the decision of which submissions will be included in the database established under 

subsection (a)(1). 

‘‘(2) ORGANIZATION OF INFORMATION IN DATABASE.—The 

Secretary shall organize the contents of the database established under subsection (a)(1) and the list established under 

subsection (a)(2) as the Secretary determines is appropriate. 

Any organizational structure of such contents shall include 

the categorization of the contents— 

‘‘(A) according to the sectors listed in National Infrastructure Protection Plan developed pursuant to Homeland 

Security Presidential Directive–7; and 

‘‘(B) by the State and county of their location. 

‘‘(3) PRIVATE SECTOR INTEGRATION.—The Secretary shall 

identify and evaluate methods, including the Department’s Protected Critical Infrastructure Information Program, to acquire 

relevant private sector information for the purpose of using 

that information to generate any database or list, including 

the database established under subsection (a)(1) and the list 

established under subsection (a)(2). 

‘‘(4) RETENTION OF CLASSIFICATION.—The classification of 

information required to be provided to Congress, the Department, or any other department or agency under this section 

by a sector-specific agency, including the assignment of a level 

of classification of such information, shall be binding on Congress, the Department, and that other Federal agency. 

‘‘(d) REPORTS.— ‘‘(1) REPORT REQUIRED.—Not later than 180 days after the 

date of the enactment of the Implementing Recommendations 

of the 9/11 Commission Act of 2007, and annually thereafter, 

the Secretary shall submit to the Committee on Homeland 

Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives 

a report on the database established under subsection (a)(1) 

and the list established under subsection (a)(2). 

‘‘(2) CONTENTS OF REPORT.—Each such report shall include 

the following: 

‘‘(A) The name, location, and sector classification of 

each of the systems and assets on the list established 

under subsection (a)(2). 

‘‘(B) The name, location, and sector classification of 

each of the systems and assets on such list that are determined by the Secretary to be most at risk to terrorism. 

‘‘(C) Any significant challenges in compiling the list 

of the systems and assets included on such list or in the 

database established under subsection (a)(1). 

‘‘(D) Any significant changes from the preceding report 

in the systems and assets included on such list or in 

such database. 

‘‘(E) If appropriate, the extent to which such database 

and such list have been used, individually or jointly, for 

allocating funds by the Federal Government to prevent, 

reduce, mitigate, or respond to acts of terrorism. 

‘‘(F) The amount of coordination between the Department and the private sector, through any entity of the 

Department that meets with representatives of private 

sector industries for purposes of such coordination, for the 
H. R. 1—109 

purpose of ensuring the accuracy of such database and 

such list. 

‘‘(G) Any other information the Secretary deems relevant. 

‘‘(3) CLASSIFIED INFORMATION.—The report shall be submitted in unclassified form but may contain a classified annex. 

‘‘(e) INSPECTOR GENERAL STUDY.—By not later than two years 

after the date of enactment of the Implementing Recommendations 

of the 9/11 Commission Act of 2007, the Inspector General of 

the Department shall conduct a study of the implementation of 

this section. 

‘‘(f) NATIONAL INFRASTRUCTURE PROTECTION CONSORTIUM.—The 

Secretary may establish a consortium to be known as the ‘National 

Infrastructure Protection Consortium’. The Consortium may advise 

the Secretary on the best way to identify, generate, organize, and 

maintain any database or list of systems and assets established 

by the Secretary, including the database established under subsection (a)(1) and the list established under subsection (a)(2). If 

the Secretary establishes the National Infrastructure Protection 

Consortium, the Consortium may— 

‘‘(1) be composed of national laboratories, Federal agencies, 

State and local homeland security organizations, academic 

institutions, or national Centers of Excellence that have demonstrated experience working with and identifying critical infrastructure and key resources; and 

‘‘(2) provide input to the Secretary on any request pertaining to the contents of such database or such list.’’. 

(b) DEADLINES FOR IMPLEMENTATION AND NOTIFICATION OF

CONGRESS.—Not later than 180 days after the date of the enactment 

of this Act, the Secretary of Homeland Security shall submit the 

first report required under section 210E(d) of the Homeland Security 

Act of 2002, as added by subsection (a). 

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

1(b) of such Act is further amended by inserting after the item 

relating to section 210D the following: 

‘‘Sec. 210E. National Asset Database.’’. 

SEC. 1002. RISK ASSESSMENTS AND REPORT. 

(a) RISK ASSESSMENTS.—Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further amended by adding 

at the end the following new paragraph: 

‘‘(25) To prepare and submit to the Committee on Homeland 

Security and Governmental Affairs of the Senate and the Committee on Homeland Security in the House of Representatives, 

and to other appropriate congressional committees having jurisdiction over the critical infrastructure or key resources, for 

each sector identified in the National Infrastructure Protection 

Plan, a report on the comprehensive assessments carried out 

by the Secretary of the critical infrastructure and key resources 

of the United States, evaluating threat, vulnerability, and consequence, as required under this subsection. Each such report— 

‘‘(A) shall contain, if applicable, actions or countermeasures recommended or taken by the Secretary or the 

head of another Federal agency to address issues identified 

in the assessments; 

‘‘(B) shall be required for fiscal year 2007 and each 

subsequent fiscal year and shall be submitted not later 
H. R. 1—110 

than 35 days after the last day of the fiscal year covered 

by the report; and 

‘‘(C) may be classified.’’. 

(b) REPORT ON INDUSTRY PREPAREDNESS.—Not later than 6 

months after the last day of fiscal year 2007 and each subsequent 

fiscal year, the Secretary of Homeland Security, in cooperation 

with the Secretary of Commerce, the Secretary of Transportation, 

the Secretary of Defense, and the Secretary of Energy, shall submit 

to the Committee on Banking, Housing, and Urban Affairs and 

the Committee on Homeland Security and Governmental Affairs 

of the Senate and the Committee on Financial Services and the 

Committee on Homeland Security of the House of Representatives 

a report that details the actions taken by the Federal Government 

to ensure, in accordance with subsections (a) and (c) of section 

101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), 

the preparedness of industry to reduce interruption of critical infrastructure and key resource operations during an act of terrorism, 

natural catastrophe, or other similar national emergency. 

SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF 

LEVEES IN THE NATIONAL INFRASTRUCTURE PROTECTION PLAN. 

It is the sense of Congress that the Secretary should ensure 

that levees are included in one of the critical infrastructure and 

key resources sectors identified in the National Infrastructure 

Protection Plan. 

TITLE XI—ENHANCED DEFENSES 

AGAINST WEAPONS OF MASS DESTRUCTION 

SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. 

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

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

following: 

‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. 

‘‘(a) ESTABLISHMENT.—The Secretary shall establish, operate, 

and maintain a National Biosurveillance Integration Center 

(referred to in this section as the ‘NBIC’), which shall be headed 

by a Directing Officer, under an office or directorate of the Department that is in existence as of the date of the enactment of this 

section. 

‘‘(b) PRIMARY MISSION.—The primary mission of the NBIC is 

to— 

‘‘(1) enhance the capability of the Federal Government to— 

‘‘(A) rapidly identify, characterize, localize, and track 

a biological event of national concern by integrating and 

analyzing data relating to human health, animal, plant, 

food, and environmental monitoring systems (both national 

and international); and 

‘‘(B) disseminate alerts and other information to 

Member Agencies and, in coordination with (and where 

possible through) Member Agencies, to agencies of State, 

local, and tribal governments, as appropriate, to enhance 
H. R. 1—111 

the ability of such agencies to respond to a biological event 

of national concern; and 

‘‘(2) oversee development and operation of the National 

Biosurveillance Integration System. 

‘‘(c) REQUIREMENTS.—The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk 

to the United States or the infrastructure or key assets of the 

United States, including by— 

‘‘(1) consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events 

of national concern across human, animal, and plant species; 

‘‘(2) seeking private sources of surveillance, both foreign 

and domestic, when such sources would enhance coverage of 

critical surveillance gaps; 

‘‘(3) using an information technology system that uses the 

best available statistical and other analytical tools to identify 

and characterize biological events of national concern in as 

close to real-time as is practicable; 

‘‘(4) providing the infrastructure for such integration, 

including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data; 

‘‘(5) working with Member Agencies to create information 

technology systems that use the minimum amount of patient 

data necessary and consider patient confidentiality and privacy 

issues at all stages of development and apprise the Privacy 

Officer of such efforts; and 

‘‘(6) alerting Member Agencies and, in coordination with 

(and where possible through) Member Agencies, public health 

agencies of State, local, and tribal governments regarding any 

incident that could develop into a biological event of national 

concern. 

‘‘(d) RESPONSIBILITIES OF THE DIRECTING OFFICER OF THE

NBIC.— 

‘‘(1) IN GENERAL.—The Directing Officer of the NBIC shall— 

‘‘(A) on an ongoing basis, monitor the availability and 

appropriateness of surveillance systems used by the NBIC 

and those systems that could enhance biological situational 

awareness or the overall performance of the NBIC; 

‘‘(B) on an ongoing basis, review and seek to improve 

the statistical and other analytical methods used by the 

NBIC; 

‘‘(C) receive and consider other relevant homeland security information, as appropriate; and 

‘‘(D) provide technical assistance, as appropriate, to 

all Federal, regional, State, local, and tribal government 

entities and private sector entities that contribute data 

relevant to the operation of the NBIC. 

‘‘(2) ASSESSMENTS.—The Directing Officer of the NBIC 

shall— 

‘‘(A) on an ongoing basis, evaluate available data for 

evidence of a biological event of national concern; and 

‘‘(B) integrate homeland security information with 

NBIC data to provide overall situational awareness and 

determine whether a biological event of national concern 

has occurred. 

‘‘(3) INFORMATION SHARING.— 
H. R. 1—112 

‘‘(A) IN GENERAL.—The Directing Officer of the NBIC 

shall— 

‘‘(i) establish a method of real-time communication 

with the National Operations Center; 

‘‘(ii) in the event that a biological event of national 

concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that 

biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and 

tribal governmental response entities in a timely 

manner; 

‘‘(iii) provide any report on NBIC assessments to 

Member Agencies and, in coordination with relevant 

Member Agencies, any affected regional, State, local, 

or tribal government, and any private sector entity 

considered appropriate that may enhance the mission 

of such Member Agencies, governments, or entities 

or the ability of the Nation to respond to biological 

events of national concern; and 

‘‘(iv) share NBIC incident or situational awareness 

reports, and other relevant information, consistent with 

the information sharing environment established under 

section 1016 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (6 U.S.C. 485) and any policies, 

guidelines, procedures, instructions, or standards 

established under that section. 

‘‘(B) CONSULTATION.—The Directing Officer of the 

NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under section 

1016 of the Intelligence Reform and Terrorism Prevention 

Act of 2004 (6 U.S.C. 485) and in consultation with the 

Director of National Intelligence, the Under Secretary for 

Intelligence and Analysis, and other offices or agencies 

of the Federal Government, as appropriate. 

‘‘(e) RESPONSIBILITIES OF THE NBIC MEMBER AGENCIES.— 

‘‘(1) IN GENERAL.—Each Member Agency shall— 

‘‘(A) use its best efforts to integrate biosurveillance 

information into the NBIC, with the goal of promoting 

information sharing between Federal, State, local, and 

tribal governments to detect biological events of national 

concern; 

‘‘(B) provide timely information to assist the NBIC 

in maintaining biological situational awareness for accurate 

detection and response purposes; 

‘‘(C) enable the NBIC to receive and use biosurveillance 

information from member agencies to carry out its requirements under subsection (c); 

‘‘(D) connect the biosurveillance data systems of that 

Member Agency to the NBIC data system under mutually 

agreed protocols that are consistent with subsection (c)(5); 

‘‘(E) participate in the formation of strategy and policy 

for the operation of the NBIC and its information sharing; 

‘‘(F) provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications 

of such personnel necessary to provide human, animal, 
H. R. 1—113 

and environmental data analysis and interpretation support to the NBIC; and 

‘‘(G) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable. 

‘‘(f) ADMINISTRATIVE AUTHORITIES.— 

‘‘(1) HIRING OF EXPERTS.—The Directing Officer of the NBIC 

shall hire individuals with the necessary expertise to develop 

and operate the NBIC. 

‘‘(2) DETAIL OF PERSONNEL.—Upon the request of the 

Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of 

the personnel of that department or agency to the Department 

to assist the NBIC in carrying out this section. 

‘‘(g) NBIC INTERAGENCY WORKING GROUP.—The Directing 

Officer of the NBIC shall— 

‘‘(1) establish an interagency working group to facilitate 

interagency cooperation and to advise the Directing Officer 

of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and 

‘‘(2) invite Member Agencies to serve on that working group. 

‘‘(h) RELATIONSHIP TO OTHER DEPARTMENTS AND AGENCIES.— 

The authority of the Directing Officer of the NBIC under this 

section shall not affect any authority or responsibility of any other 

department or agency of the Federal Government with respect 

to biosurveillance activities under any program administered by 

that department or agency. 

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

to be appropriated such sums as are necessary to carry out this 

section. 

‘‘(j) DEFINITIONS.—In this section: 

‘‘(1) The terms ‘biological agent’ and ‘toxin’ have the 

meanings given those terms in section 178 of title 18, United 

States Code. 

‘‘(2) The term ‘biological event of national concern’ means— 

‘‘(A) an act of terrorism involving a biological agent 

or toxin; or 

‘‘(B) a naturally occurring outbreak of an infectious 

disease that may result in a national epidemic. 

‘‘(3) The term ‘homeland security information’ has the 

meaning given that term in section 892. 

‘‘(4) The term ‘Member Agency’ means any Federal department or agency that, at the discretion of the head of that 

department or agency, has entered a memorandum of understanding regarding participation in the NBIC. 

‘‘(5) The term ‘Privacy Officer’ means the Privacy Officer 

appointed under section 222.’’. 

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

1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 

is amended by inserting after the item relating to section 315 

the following: 

‘‘Sec. 316. National Biosurveillance Integration Center.’’. 

(c) DEADLINE FOR IMPLEMENTATION.—The National Biosurveillance Integration Center under section 316 of the Homeland Security Act, as added by subsection (a), shall be fully operational 

by not later than September 30, 2008. 
H. R. 1—114 

(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit 

to the Committee on Homeland Security and Governmental Affairs 

of the Senate and the Committee on Homeland Security of the 

House of Representatives an interim report on the status of the 

operations at the National Biosurviellance Integration Center that 

addresses the efforts of the Center to integrate the surveillance 

efforts of Federal, State, local, and tribal governments. When the 

National Biosurveillance Integration Center is fully operational, 

the Secretary shall submit to such committees a final report on 

the status of such operations. 

SEC. 1102. BIOSURVEILLANCE EFFORTS. 

The Comptroller General of the United States shall submit 

to Congress a report— 

(1) describing the state of Federal, State, local, and tribal 

government biosurveillance efforts as of the date of such report; 

(2) describing any duplication of effort at the Federal, State, 

local, or tribal government level to create biosurveillance systems; and 

(3) providing the recommendations of the Comptroller General regarding— 

(A) the integration of biosurveillance systems; 

(B) the effective use of biosurveillance resources; and 

(C) the effective use of the expertise of Federal, State, 

local, and tribal governments. 

SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES 

AGAINST NUCLEAR AND RADIOLOGICAL WEAPONS OF 

MASS DESTRUCTION. 

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

101 et seq.) is amended by inserting after section 1906, as redesignated by section 104, the following: 

‘‘SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL 

NUCLEAR DETECTION ARCHITECTURE. 

‘‘(a) ANNUAL REVIEW.— 

‘‘(1) IN GENERAL.—The Secretary, the Attorney General, 

the Secretary of State, the Secretary of Defense, the Secretary 

of Energy, and the Director of National Intelligence shall jointly 

ensure interagency coordination on the development and 

implementation of the global nuclear detection architecture by 

ensuring that, not less frequently than once each year— 

‘‘(A) each relevant agency, office, or entity— 

‘‘(i) assesses its involvement, support, and participation in the development, revision, and implementation of the global nuclear detection architecture; and 

‘‘(ii) examines and evaluates components of the 

global nuclear detection architecture (including associated strategies and acquisition plans) relating to the 

operations of that agency, office, or entity, to determine 

whether such components incorporate and address current threat assessments, scenarios, or intelligence analyses developed by the Director of National Intelligence 

or other agencies regarding threats relating to nuclear 

or radiological weapons of mass destruction; and 
H. R. 1—115 

‘‘(B) each agency, office, or entity deploying or operating 

any nuclear or radiological detection technology under the 

global nuclear detection architecture— 

‘‘(i) evaluates the deployment and operation of 

nuclear or radiological detection technologies under the 

global nuclear detection architecture by that agency, 

office, or entity; 

‘‘(ii) identifies performance deficiencies and operational or technical deficiencies in nuclear or radiological detection technologies deployed under the global 

nuclear detection architecture; and 

‘‘(iii) assesses the capacity of that agency, office, 

or entity to implement the responsibilities of that 

agency, office, or entity under the global nuclear detection architecture. 

‘‘(2) TECHNOLOGY.—Not less frequently than once each 

year, the Secretary shall examine and evaluate the development, assessment, and acquisition of radiation detection technologies deployed or implemented in support of the domestic 

portion of the global nuclear detection architecture. 

‘‘(b) ANNUAL REPORT ON JOINT INTERAGENCY REVIEW.— 

‘‘(1) IN GENERAL.—Not later than March 31 of each year, 

the Secretary, the Attorney General, the Secretary of State, 

the Secretary of Defense, the Secretary of Energy, and the 

Director of National Intelligence, shall jointly submit a report 

regarding the implementation of this section and the results 

of the reviews required under subsection (a) to— 

‘‘(A) the President; 

‘‘(B) the Committee on Appropriations, the Committee 

on Armed Services, the Select Committee on Intelligence, 

and the Committee on Homeland Security and Governmental Affairs of the Senate; and 

‘‘(C) the Committee on Appropriations, the Committee 

on Armed Services, the Permanent Select Committee on 

Intelligence, the Committee on Homeland Security, and 

the Committee on Science and Technology of the House 

of Representatives. 

‘‘(2) FORM.—The annual report submitted under paragraph 

(1) shall be submitted in unclassified form to the maximum 

extent practicable, but may include a classified annex. 

‘‘(c) DEFINITION.—In this section, the term ‘global nuclear detection architecture’ means the global nuclear detection architecture 

developed under section 1902.’’. 

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

1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 

is amended by inserting after the item relating to section 1906, 

as added by section 104, the following: 

‘‘Sec. 1907. Joint annual interagency review of global nuclear detection architecture.’’. 

SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES. 

(a) RESPONSIBILITY OF SECRETARY.—The Secretary of Homeland 

Security shall have responsibility for ensuring that domestic chemical, biological, radiological, and nuclear detection equipment and 

technologies are integrated, as appropriate, with other border security systems and detection technologies. 
H. R. 1—116 

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall submit a report to Congress 

that contains a plan to develop a departmental technology assessment process to determine and certify the technology readiness 

levels of chemical, biological, radiological, and nuclear detection 

technologies before the full deployment of such technologies within 

the United States. 

TITLE XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION 

SHARING 

SEC. 1201. DEFINITIONS. 

For purposes of this title, the following terms apply: 

(1) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Homeland Security. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING. 

(a) IN GENERAL.—Section 114(t)(1)(B) of title 49, United States 

Code, is amended to read as follows: 

‘‘(B) transportation modal security plans addressing 

security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, 

pipeline, public transportation, over-the-road bus, and other 

transportation infrastructure assets.’’. 

(b) CONTENTS OF THE NATIONAL STRATEGY FOR TRANSPOR- TATION SECURITY.—Section 114(t)(3) of such title is amended— 

(1) in subparagraph (B), by inserting ‘‘, based on risk 

assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the 

Implementing Recommendations of the 9/11 Commission Act 

of 2007’’ after ‘‘risk based priorities’’; 

(2) in subparagraph (D)— 

(A) by striking ‘‘and local’’ and inserting ‘‘local, and 

tribal’’; and 

(B) by striking ‘‘private sector cooperation and participation’’ and inserting ‘‘cooperation and participation by private sector entities, including nonprofit employee labor 

organizations,’’; 

(3) in subparagraph (E)— 

(A) by striking ‘‘response’’ and inserting ‘‘prevention, 

response,’’; and 

(B) by inserting ‘‘and threatened and executed acts 

of terrorism outside the United States to the extent such 

acts affect United States transportation systems’’ before 

the period at the end; 

(4) in subparagraph (F), by adding at the end the following: 

‘‘Transportation security research and development projects 

shall be based, to the extent practicable, on such prioritization. 

Nothing in the preceding sentence shall be construed to require 

the termination of any research or development project initiated 

by the Secretary of Homeland Security or the Secretary of 
H. R. 1—117 

Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 

2007.’’; and 

(5) by adding at the end the following: 

‘‘(G) A 3- and 10-year budget for Federal transportation 

security programs that will achieve the priorities of the 

National Strategy for Transportation Security. 

‘‘(H) Methods for linking the individual transportation 

modal security plans and the programs contained therein, 

and a plan for addressing the security needs of intermodal 

transportation. 

‘‘(I) Transportation modal security plans described in 

paragraph (1)(B), including operational recovery plans to 

expedite, to the maximum extent practicable, the return 

to operation of an adversely affected transportation system 

following a major terrorist attack on that system or other 

incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the 

SAFE Port Act (6 U.S.C. 942) and the National Maritime 

Transportation Security Plan required under section 

70103(a) of title 46.’’. 

(c) PERIODIC PROGRESS REPORTS.—Section 114(t)(4) of such title 

is amended— 

(1) in subparagraph (C)— 

(A) in clause (i) by inserting ‘‘, including the transportation modal security plans’’ before the period at the end; 

and 

(B) by striking clause (ii) and inserting the following: 

‘‘(ii) CONTENT.—Each progress report submitted 

under this subparagraph shall include, at a minimum, 

the following: 

‘‘(I) Recommendations for improving and 

implementing the National Strategy for Transportation Security and the transportation modal and 

intermodal security plans that the Secretary of 

Homeland Security, in consultation with the Secretary of Transportation, considers appropriate. 

‘‘(II) An accounting of all grants for transportation security, including grants and contracts for 

research and development, awarded by the Secretary of Homeland Security in the most recent 

fiscal year and a description of how such grants 

accomplished the goals of the National Strategy 

for Transportation Security. 

‘‘(III) An accounting of all— 

‘‘(aa) funds requested in the President’s 

budget submitted pursuant to section 1105 of 

title 31 for the most recent fiscal year for 

transportation security, by mode; 

‘‘(bb) personnel working on transportation 

security by mode, including the number of contractors; and 

‘‘(cc) information on the turnover in the 

previous year among senior staff of the 

Department of Homeland Security, including 

component agencies, working on transportation security issues. Such information shall 
H. R. 1—118 

include the number of employees who have 

permanently left the office, agency, or area 

in which they worked, and the amount of time 

that they worked for the Department. 

‘‘(iii) WRITTEN EXPLANATION OF TRANSPORTATION

SECURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL

STRATEGY FOR TRANSPORTATION SECURITY.—At the end 

of each fiscal year, the Secretary of Homeland Security 

shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the 

National Strategy for Transportation Security, 

including the amount of funds to be expended for the 

activity and the number of personnel involved.’’; and 

(2) by striking subparagraph (E) and inserting the following: 

‘‘(E) APPROPRIATE CONGRESSIONAL COMMITTEES

DEFINED.—In this subsection, the term ‘appropriate 

congressional committees’ means the Committee on 

Transportation and Infrastructure and the Committee on 

Homeland Security of the House of Representatives and 

the Committee on Commerce, Science, and Transportation, 

the Committee on Homeland Security and Governmental 

Affairs, and the Committee on Banking, Housing, and 

Urban Affairs of the Senate.’’. 

(d) PRIORITY STATUS.—Section 114(t)(5)(B) of such title is 

amended— 

(1) in clause (iii), by striking ‘‘and’’ at the end; 

(2) by redesignating clause (iv) as clause (v); and 

(3) by inserting after clause (iii) the following: 

‘‘(iv) the transportation sector specific plan 

required under Homeland Security Presidential Directive–7; and’’. 

(e) COORDINATION AND PLAN DISTRIBUTION.—Section 114(t) of 

such title is amended by adding at the end the following: 

‘‘(6) COORDINATION.—In carrying out the responsibilities 

under this section, the Secretary of Homeland Security, in 

coordination with the Secretary of Transportation, shall consult, 

as appropriate, with Federal, State, and local agencies, tribal 

governments, private sector entities (including nonprofit 

employee labor organizations), institutions of higher learning, 

and other entities. 

‘‘(7) PLAN DISTRIBUTION.—The Secretary of Homeland Security shall make available and appropriately publicize an 

unclassified version of the National Strategy for Transportation 

Security, including its component transportation modal security 

plans, to Federal, State, regional, local and tribal authorities, 

transportation system owners or operators, private sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher 

learning, and other appropriate entities.’’. 

SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING. 

(a) IN GENERAL.—Section 114 of title 49, United States Code, 

is amended by adding at the end the following: 

‘‘(u) TRANSPORTATION SECURITY INFORMATION SHARING PLAN.— 

‘‘(1) DEFINITIONS.—In this subsection: 
H. R. 1—119 

‘‘(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 

term ‘appropriate congressional committees’ has the 

meaning given that term in subsection (t). 

‘‘(B) PLAN.—The term ‘Plan’ means the Transportation 

Security Information Sharing Plan established under paragraph (2). 

‘‘(C) PUBLIC AND PRIVATE STAKEHOLDERS.—The term 

‘public and private stakeholders’ means Federal, State, and 

local agencies, tribal governments, and appropriate private 

entities, including nonprofit employee labor organizations 

representing transportation employees. 

‘‘(D) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security. 

‘‘(E) TRANSPORTATION SECURITY INFORMATION.—The 

term ‘transportation security information’ means information relating to the risks to transportation modes, including 

aviation, public transportation, railroad, ferry, highway, 

maritime, pipeline, and over-the-road bus transportation, 

and may include specific and general intelligence products, 

as appropriate. 

‘‘(2) ESTABLISHMENT OF PLAN.—The Secretary of Homeland 

Security, in consultation with the program manager of the 

information sharing environment established under section 

1016 of the Intelligence Reform and Terrorism Prevention Act 

of 2004 (6 U.S.C. 485), the Secretary of Transportation, and 

public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In establishing the 

Plan, the Secretary shall gather input on the development 

of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485). 

‘‘(3) PURPOSE OF PLAN.—The Plan shall promote sharing 

of transportation security information between the Department 

of Homeland Security and public and private stakeholders. 

‘‘(4) CONTENT OF PLAN.—The Plan shall include— 

‘‘(A) a description of how intelligence analysts within 

the Department of Homeland Security will coordinate their 

activities within the Department and with other Federal, 

State, and local agencies, and tribal governments, including 

coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 

2007; 

‘‘(B) the establishment of a point of contact, which 

may be a single point of contact within the Department 

of Homeland Security, for each mode of transportation for 

the sharing of transportation security information with 

public and private stakeholders, including an explanation 

and justification to the appropriate congressional committees if the point of contact established pursuant to this 

subparagraph differs from the agency within the Department that has the primary authority, or has been delegated 

such authority by the Secretary, to regulate the security 

of that transportation mode; 

‘‘(C) a reasonable deadline by which the Plan will be 

implemented; and 
H. R. 1—120 

‘‘(D) a description of resource needs for fulfilling the 

Plan. 

‘‘(5) COORDINATION WITH INFORMATION SHARING .—The Plan 

shall be— 

‘‘(A) implemented in coordination, as appropriate, with 

the program manager for the information sharing environment established under section 1016 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 

485); and 

‘‘(B) consistent with the establishment of the information sharing environment and any policies, guidelines, 

procedures, instructions, or standards established by the 

President or the program manager for the implementation 

and management of the information sharing environment. 

‘‘(6) REPORTS TO CONGRESS.— ‘‘(A) IN GENERAL.—Not later than 150 days after the 

date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the appropriate congressional committees, a report containing the Plan. 

‘‘(B) ANNUAL REPORT.—Not later than 1 year after the 

date of enactment of this subsection, the Secretary shall 

submit to the appropriate congressional committees a 

report on updates to and the implementation of the Plan. 

‘‘(7) SURVEY AND REPORT.— ‘‘(A) IN GENERAL.—The Comptroller General of the 

United States shall conduct a biennial survey of the satisfaction of recipients of transportation intelligence reports 

disseminated under the Plan. 

‘‘(B) INFORMATION SOUGHT.—The survey conducted 

under subparagraph (A) shall seek information about the 

quality, speed, regularity, and classification of the transportation security information products disseminated by the 

Department of Homeland Security to public and private 

stakeholders. 

‘‘(C) REPORT.—Not later than 1 year after the date 

of the enactment of the Implementing Recommendations 

of the 9/11 Commission Act of 2007, and every even numbered year thereafter, the Comptroller General shall submit 

to the appropriate congressional committees, a report on 

the results of the survey conducted under subparagraph 

(A). The Comptroller General shall also provide a copy 

of the report to the Secretary. 

‘‘(8) SECURITY CLEARANCES.—The Secretary shall, to the 

greatest extent practicable, take steps to expedite the security 

clearances needed for designated public and private stakeholders to receive and obtain access to classified information 

distributed under this section, as appropriate. 

‘‘(9) CLASSIFICATION OF MATERIAL.—The Secretary, to the 

greatest extent practicable, shall provide designated public and 

private stakeholders with transportation security information 

in an unclassified format.’’. 

(b) CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE FOR

PUBLIC AND PRIVATE STAKEHOLDERS.— 

(1) IN GENERAL.—Except as provided in paragraph (2), the 

Secretary shall provide a semiannual report to the Committee 

on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the 
H. R. 1—121 

Committee on Banking, Housing, and Urban Affairs of the 

Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of 

Representatives that includes— 

(A) the number of public and private stakeholders who 

were provided with each report; 

(B) a description of the measures the Secretary has 

taken, under section 114(u)(7) of title 49, United States 

Code, as added by this section, or otherwise, to ensure 

proper treatment and security for any classified information 

to be shared with the public and private stakeholders under 

the Plan; and 

(C) an explanation of the reason for the denial of 

transportation security information to any stakeholder who 

had previously received such information. 

(2) NO REPORT REQUIRED IF NO CHANGES IN STAKE- HOLDERS.—The Secretary is not required to provide a semiannual report under paragraph (1) if no stakeholders have 

been added to or removed from the group of persons with 

whom transportation security information is shared under the 

plan since the end of the period covered by the last preceding 

semiannual report. 

SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. 

(a) IN GENERAL.—The Secretary is authorized to establish, 

operate, and maintain a National Domestic Preparedness Consortium within the Department. 

(b) MEMBERS.—Members of the National Domestic Preparedness Consortium shall consist of— 

(1) the Center for Domestic Preparedness; 

(2) the National Energetic Materials Research and Testing 

Center, New Mexico Institute of Mining and Technology; 

(3) the National Center for Biomedical Research and 

Training, Louisiana State University; 

(4) the National Emergency Response and Rescue Training 

Center, Texas A&M University; 

(5) the National Exercise, Test, and Training Center, 

Nevada Test Site; 

(6) the Transportation Technology Center, Incorporated, 

in Pueblo, Colorado; and 

(7) the National Disaster Preparedness Training Center, 

University of Hawaii. 

(c) DUTIES.—The National Domestic Preparedness Consortium 

shall identify, develop, test, and deliver training to State, local, 

and tribal emergency response providers, provide on-site and mobile 

training at the performance and management and planning levels, 

and facilitate the delivery of training by the training partners 

of the Department. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary— 

(1) for the Center for Domestic Preparedness— 

(A) $57,000,000 for fiscal year 2008; 

(B) $60,000,000 for fiscal year 2009; 

(C) $63,000,000 for fiscal year 2010; and 

(D) $66,000,000 for fiscal year 2011; and 

(2) for the National Energetic Materials Research and 

Testing Center, the National Center for Biomedical Research 
H. R. 1—122 

and Training, the National Emergency Response and Rescue 

Training Center, the National Exercise, Test, and Training 

Center, the Transportation Technology Center, Incorporated, 

and the National Disaster Preparedness Training Center each— 

(A) $22,000,000 for fiscal year 2008; 

(B) $23,000,000 for fiscal year 2009; 

(C) $24,000,000 for fiscal year 2010; and 

(D) $25,500,000 for fiscal year 2011. 

(e) SAVINGS PROVISION.—From the amounts appropriated 

pursuant to this section, the Secretary shall ensure that future 

amounts provided to each of the following entities are not less 

than the amounts provided to each such entity for participation 

in the Consortium in fiscal year 2007— 

(1) the Center for Domestic Preparedness; 

(2) the National Energetic Materials Research and Testing 

Center, New Mexico Institute of Mining and Technology; 

(3) the National Center for Biomedical Research and 

Training, Louisiana State University; 

(4) the National Emergency Response and Rescue Training 

Center, Texas A&M University; and 

(5) the National Exercise, Test, and Training Center, 

Nevada Test Site. 

SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE. 

(a) ESTABLISHMENT.—The Secretary shall establish a National 

Transportation Security Center of Excellence to conduct research 

and education activities, and to develop or provide professional 

security training, including the training of transportation employees 

and transportation professionals. 

(b) DESIGNATION.—The Secretary shall select one of the institutions identified in subsection (c) as the lead institution responsible 

for coordinating the National Transportation Security Center of 

Excellence. 

(c) MEMBER INSTITUTIONS.— 

(1) CONSORTIUM.—The institution of higher education 

selected under subsection (b) shall execute agreements with 

the other institutions of higher education identified in this 

subsection and other institutions designated by the Secretary 

to develop a consortium to assist in accomplishing the goals 

of the Center. 

(2) MEMBERS.—The National Transportation Security 

Center of Excellence shall consist of— 

(A) Texas Southern University in Houston, Texas; 

(B) the National Transit Institute at Rutgers, The State 

University of New Jersey; 

(C) Tougaloo College; 

(D) the Connecticut Transportation Institute at the 

University of Connecticut; 

(E) the Homeland Security Management Institute, 

Long Island University; 

(F) the Mack-Blackwell National Rural Transportation 

Study Center at the University of Arkansas; and 

(G) any additional institutions or facilities designated 

by the Secretary. 
H. R. 1—123 

(3) CERTAIN INCLUSIONS.—To the extent practicable, the 

Secretary shall ensure that an appropriate number of any additional consortium colleges or universities designated by the 

Secretary under this subsection are Historically Black Colleges 

and Universities, Hispanic Serving Institutions, and Indian 

Tribally Controlled Colleges and Universities. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to carry out this section— 

(1) $18,000,000 for fiscal year 2008; 

(2) $18,000,000 for fiscal year 2009; 

(3) $18,000,000 for fiscal year 2010; and 

(4) $18,000,000 for fiscal year 2011. 

SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST 

ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE. 

(a) IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY

OR SUSPICIOUS BEHAVIOR.— (1) IN GENERAL.—Any person who, in good faith and based 

on objectively reasonable suspicion, makes, or causes to be 

made, a voluntary report of covered activity to an authorized 

official shall be immune from civil liability under Federal, State, 

and local law for such report. 

(2) FALSE REPORTS.—Paragraph (1) shall not apply to any 

report that the person knew to be false or was made with 

reckless disregard for the truth at the time that person made 

that report. 

(b) IMMUNITY FOR RESPONSE.— (1) IN GENERAL.—Any authorized official who observes, or 

receives a report of, covered activity and takes reasonable action 

in good faith to respond to such activity shall have qualified 

immunity from civil liability for such action, consistent with 

applicable law in the relevant jurisdiction. An authorized official 

as defined by subsection (d)(1)(A) not entitled to assert the 

defense of qualified immunity shall nevertheless be immune 

from civil liability under Federal, State, and local law if such 

authorized official takes reasonable action, in good faith, to 

respond to the reported activity. 

(2) SAVINGS CLAUSE.—Nothing in this subsection shall 

affect the ability of any authorized official to assert any defense, 

privilege, or immunity that would otherwise be available, and 

this subsection shall not be construed as affecting any such 

defense, privilege, or immunity. 

(c) ATTORNEY FEES AND COSTS.—Any person or authorized official found to be immune from civil liability under this section 

shall be entitled to recover from the plaintiff all reasonable costs 

and attorney fees. 

(d) DEFINITIONS.—In this section: 

(1) AUTHORIZED OFFICIAL.—The term ‘‘authorized official’’ 

means— 

(A) any employee or agent of a passenger transportation system or other person with responsibilities relating 

to the security of such systems; 

(B) any officer, employee, or agent of the Department 

of Homeland Security, the Department of Transportation, 

or the Department of Justice with responsibilities relating 

to the security of passenger transportation systems; or 

(C) any Federal, State, or local law enforcement officer. 
H. R. 1—124 

(2) COVERED ACTIVITY.—The term ‘‘covered activity’’ means 

any suspicious transaction, activity, or occurrence that involves, 

or is directed against, a passenger transportation system or 

vehicle or its passengers indicating that an individual may 

be engaging, or preparing to engage, in a violation of law 

relating to— 

(A) a threat to a passenger transportation system or 

passenger safety or security; or 

(B) an act of terrorism (as that term is defined in 

section 3077 of title 18, United States Code). 

(3) PASSENGER TRANSPORTATION.—The term ‘‘passenger 

transportation’’ means— 

(A) public transportation, as defined in section 5302 

of title 49, United States Code; 

(B) over-the-road bus transportation, as defined in title 

XV of this Act, and school bus transportation; 

(C) intercity passenger rail transportation as defined 

in section 24102 of title 49, United States Code; 

(D) the transportation of passengers onboard a passenger vessel as defined in section 2101 of title 46, United 

States Code; 

(E) other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross 

tons; and 

(F) air transportation, as defined in section 40102 of 

title 49, United States Code, of passengers. 

(4) PASSENGER TRANSPORTATION SYSTEM.—The term ‘‘passenger transportation system’’ means an entity or entities organized to provide passenger transportation using vehicles, 

including the infrastructure used to provide such transportation. 

(5) VEHICLE.—The term ‘‘vehicle’’ has the meaning given 

to that term in section 1992(16) of title 18, United States 

Code. 

(e) EFFECTIVE DATE.—This section shall take effect on October 

1, 2006, and shall apply to all activities and claims occurring 

on or after such date. 

TITLE XIII—TRANSPORTATION 

SECURITY ENHANCEMENTS 

SEC. 1301. DEFINITIONS. 

For purposes of this title, the following terms apply: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Commerce, Science, and Transportation, the Committee on 

Banking, Housing, and Urban Affairs, and the Committee on 

Homeland Security and Governmental Affairs of the Senate 

and the Committee on Homeland Security and the Committee 

on Transportation and Infrastructure of the House of Representatives. 

(2) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Homeland Security. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 
H. R. 1—125 

(4) STATE.—The term ‘‘State’’ means any one of the 50 

States, the District of Columbia, Puerto Rico, the Northern 

Mariana Islands, the Virgin Islands, Guam, American Samoa, 

and any other territory or possession of the United States. 

(5) TERRORISM.—The term ‘‘terrorism’’ has the meaning 

that term has in section 2 of the Homeland Security Act of 

2002 (6 U.S.C. 101). 

(6) UNITED STATES.—The term ‘‘United States’’ means the 

50 States, the District of Columbia, Puerto Rico, the Northern 

Mariana Islands, the Virgin Islands, Guam, American Samoa, 

and any other territory or possession of the United States. 

SEC. 1302. ENFORCEMENT AUTHORITY. 

(a) IN GENERAL.—Section 114 of title 49, United States Code, 

as amended by section 1203 of this Act, is further amended by 

adding at the end the following: 

‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SECRETARY OF HOMELAND SECURITY.— 

‘‘(1) APPLICATION OF SUBSECTION.— 

‘‘(A) IN GENERAL.—This subsection applies to the 

enforcement of regulations prescribed, and orders issued, 

by the Secretary of Homeland Security under a provision 

of chapter 701 of title 46 and under a provision of this 

title other than a provision of chapter 449 (in this subsection referred to as an ‘applicable provision of this title’). 

‘‘(B) VIOLATIONS OF CHAPTER 449.—The penalties for 

violations of regulations prescribed and orders issued by 

the Secretary of Homeland Security under chapter 449 

of this title are provided under chapter 463 of this title. 

‘‘(C) NONAPPLICATION TO CERTAIN VIOLATIONS.— 

‘‘(i) Paragraphs (2) through (5) do not apply to 

violations of regulations prescribed, and orders issued, 

by the Secretary of Homeland Security under a provision of this title— 

‘‘(I) involving the transportation of personnel 

or shipments of materials by contractors where 

the Department of Defense has assumed control 

and responsibility; 

‘‘(II) by a member of the armed forces of the 

United States when performing official duties; or 

‘‘(III) by a civilian employee of the Department 

of Defense when performing official duties. 

‘‘(ii) Violations described in subclause (I), (II), or 

(III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary’s 

designee. 

‘‘(2) CIVIL PENALTY.— ‘‘(A) IN GENERAL.—A person is liable to the United 

States Government for a civil penalty of not more than 

$10,000 for a violation of a regulation prescribed, or order 

issued, by the Secretary of Homeland Security under an 

applicable provision of this title. 

‘‘(B) REPEAT VIOLATIONS.—A separate violation occurs 

under this paragraph for each day the violation continues. 

‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— 

‘‘(A) IN GENERAL.—The Secretary of Homeland Security 

may impose a civil penalty for a violation of a regulation 
H. R. 1—126 

prescribed, or order issued, under an applicable provision 

of this title. The Secretary shall give written notice of 

the finding of a violation and the penalty. 

‘‘(B) SCOPE OF CIVIL ACTION.—In a civil action to collect 

a civil penalty imposed by the Secretary under this subsection, a court may not re-examine issues of liability or 

the amount of the penalty. 

‘‘(C) JURISDICTION.—The district courts of the United 

States shall have exclusive jurisdiction of civil actions to 

collect a civil penalty imposed by the Secretary under this 

subsection if— 

‘‘(i) the amount in controversy is more than— 

‘‘(I) $400,000, if the violation was committed 

by a person other than an individual or small 

business concern; or 

‘‘(II) $50,000 if the violation was committed 

by an individual or small business concern; 

‘‘(ii) the action is in rem or another action in rem 

based on the same violation has been brought; or 

‘‘(iii) another action has been brought for an injunction based on the same violation. 

‘‘(D) MAXIMUM PENALTY.—The maximum civil penalty 

the Secretary administratively may impose under this paragraph is— ‘‘(i) $400,000, if the violation was committed by 

a person other than an individual or small business 

concern; or 

‘‘(ii) $50,000, if the violation was committed by 

an individual or small business concern. 

‘‘(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.— Before imposing a penalty under this section the Secretary 

shall provide to the person against whom the penalty is 

to be imposed— 

‘‘(i) written notice of the proposed penalty; and 

‘‘(ii) the opportunity to request a hearing on the 

proposed penalty, if the Secretary receives the request 

not later than 30 days after the date on which the 

person receives notice. 

‘‘(4) COMPROMISE AND SETOFF.— 

‘‘(A) The Secretary may compromise the amount of 

a civil penalty imposed under this subsection. 

‘‘(B) The Government may deduct the amount of a 

civil penalty imposed or compromised under this subsection 

from amounts it owes the person liable for the penalty. 

‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—Chapter 461 shall 

apply to investigations and proceedings brought under this 

subsection to the same extent that it applies to investigations 

and proceedings brought with respect to aviation security duties 

designated to be carried out by the Secretary. 

‘‘(6) DEFINITIONS.—In this subsection: 

‘‘(A) PERSON.—The term ‘person’ does not include— 

‘‘(i) the United States Postal Service; or 

‘‘(ii) the Department of Defense. 

‘‘(B) SMALL BUSINESS CONCERN.—The term ‘small business concern’ has the meaning given that term in section 

3 of the Small Business Act (15 U.S.C. 632). 

‘‘(7) ENFORCEMENT TRANSPARENCY.— 
H. R. 1—127 

‘‘(A) IN GENERAL.—Not later than December 31, 2008, 

and annually thereafter, the Secretary shall— 

‘‘(i) provide an annual summary to the public of 

all enforcement actions taken by the Secretary under 

this subsection; and 

‘‘(ii) include in each such summary the docket 

number of each enforcement action, the type of alleged 

violation, the penalty or penalties proposed, and the 

final assessment amount of each penalty. 

‘‘(B) ELECTRONIC AVAILABILITY.—Each summary under 

this paragraph shall be made available to the public by 

electronic means. 

‘‘(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION

ACT AND THE PRIVACY ACT.—Nothing in this subsection 

shall be construed to require disclosure of information or 

records that are exempt from disclosure under sections 

552 or 552a of title 5. 

‘‘(D) ENFORCEMENT GUIDANCE.—Not later than 180 

days after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the 

Secretary shall provide a report to the public describing 

the enforcement process established under this subsection.’’. 

(b) CONFORMING AMENDMENT.—Section 46301(a)(4) of title 49, 

United States Code, is amended by striking ‘‘or another requirement 

under this title administered by the Under Secretary of Transportation for Security’’. 

SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION 

AND RESPONSE TEAMS. 

(a) IN GENERAL.—The Secretary, acting through the Administrator of the Transportation Security Administration, may develop 

Visible Intermodal Prevention and Response (referred to in this 

section as ‘‘VIPR’’) teams to augment the security of any mode 

of transportation at any location within the United States. In 

forming a VIPR team, the Secretary— 

(1) may use any asset of the Department, including Federal 

air marshals, surface transportation security inspectors, canine 

detection teams, and advanced screening technology; 

(2) may determine when a VIPR team shall be deployed, 

as well as the duration of the deployment; 

(3) shall, prior to and during the deployment, consult with 

local security and law enforcement officials in the jurisdiction 

where the VIPR team is or will be deployed, to develop and 

agree upon the appropriate operational protocols and provide 

relevant information about the mission of the VIPR team, as 

appropriate; and 

(4) shall, prior to and during the deployment, consult with 

all transportation entities directly affected by the deployment 

of a VIPR team, as appropriate, including railroad carriers, 

air carriers, airport owners, over-the-road bus operators and 

terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, port operators 

and facility owners, vessel owners and operators and pipeline 

operators. 
H. R. 1—128 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary to carry out this section such 

sums as necessary for fiscal years 2007 through 2011. 

SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS. 

(a) IN GENERAL.—The Secretary, acting through the Administrator of the Transportation Security Administration, is authorized 

to train, employ, and utilize surface transportation security inspectors. 

(b) MISSION.—The Secretary shall use surface transportation 

security inspectors to assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against 

terrorist attack and other security threats and to assist the Secretary in enforcing applicable surface transportation security regulations and directives. 

(c) AUTHORITIES.—Surface transportation security inspectors 

employed pursuant to this section shall be authorized such powers 

and delegated such responsibilities as the Secretary determines 

appropriate, subject to subsection (e). 

(d) REQUIREMENTS.—The Secretary shall require that surface 

transportation security inspectors have relevant transportation 

experience and other security and inspection qualifications, as determined appropriate. 

(e) LIMITATIONS.— (1) INSPECTORS.—Surface transportation inspectors shall 

be prohibited from issuing fines to public transportation agencies, as defined in title XIV, for violations of the Department’s 

regulations or orders except through the process described in 

paragraph (2). 

(2) CIVIL PENALTIES.—The Secretary shall be prohibited 

from assessing civil penalties against public transportation 

agencies, as defined in title XIV, for violations of the Department’s regulations or orders, except in accordance with the 

following: 

(A) In the case of a public transportation agency that 

is found to be in violation of a regulation or order issued 

by the Secretary, the Secretary shall seek correction of 

the violation through a written notice to the public 

transportation agency and shall give the public transportation agency reasonable opportunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary. 

(B) If the public transportation agency does not correct 

the violation or propose an alternative means of compliance 

acceptable to the Secretary within a reasonable time period 

that is specified in the written notice, the Secretary may 

take any action authorized in section 114 of title 49, United 

States Code, as amended by this Act. 

(3) LIMITATION ON SECRETARY.—The Secretary shall not 

initiate civil enforcement actions for violations of administrative 

and procedural requirements pertaining to the application for, 

and expenditure of, funds awarded under transportation security grant programs under this Act. 

(f) NUMBER OF INSPECTORS.—The Secretary shall employ up 

to a total of— 

(1) 100 surface transportation security inspectors in fiscal 

year 2007; 
H. R. 1—129 

(2) 150 surface transportation security inspectors in fiscal 

year 2008; 

(3) 175 surface transportation security inspectors in fiscal 

year 2009; and 

(4) 200 surface transportation security inspectors in fiscal 

years 2010 and 2011. 

(g) COORDINATION.—The Secretary shall ensure that the mission of the surface transportation security inspectors is consistent 

with any relevant risk assessments required by this Act or completed by the Department, the modal plans required under section 

114(t) of title 49, United States Code, the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities, dated September 28, 2004, 

and any and all subsequent annexes to this Memorandum of Understanding, and other relevant documents setting forth the Department’s transportation security strategy, as appropriate. 

(h) CONSULTATION.—The Secretary shall periodically consult 

with the surface transportation entities which are or may be 

inspected by the surface transportation security inspectors, 

including, as appropriate, railroad carriers, over-the-road bus operators and terminal owners and operators, motor carriers, public 

transportation agencies, owners or operators of highways, and pipeline operators on— 

(1) the inspectors’ duties, responsibilities, authorities, and 

mission; and 

(2) strategies to improve transportation security and to 

ensure compliance with transportation security requirements. 

(i) REPORT.—Not later than September 30, 2008, the Department of Homeland Security Inspector General shall transmit a 

report to the appropriate congressional committees on the performance and effectiveness of surface transportation security inspectors, 

whether there is a need for additional inspectors, and other recommendations. 

(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary to carry out this section— (1) $11,400,000 for fiscal year 2007; 

(2) $17,100,000 for fiscal year 2008; 

(3) $19,950,000 for fiscal year 2009; 

(4) $22,800,000 for fiscal year 2010; and 

(5) $22,800,000 for fiscal year 2011. 

SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY 

INFORMATION SHARING. 

(a) IN GENERAL.— 

(1) INFORMATION SHARING.—The Secretary, in consultation 

with the Secretary of Transportation, shall establish a program 

to provide appropriate information that the Department has 

gathered or developed on the performance, use, and testing 

of technologies that may be used to enhance railroad, public 

transportation, and surface transportation security to surface 

transportation entities, including railroad carriers, over-theroad bus operators and terminal owners and operators, motor 

carriers, public transportation agencies, owners or operators 

of highways, pipeline operators, and State, local, and tribal 

governments that provide security assistance to such entities. 

(2) DESIGNATION OF QUALIFIED ANTITERRORISM TECHNOLOGIES.—The Secretary shall include in such information 
H. R. 1—130 

provided in paragraph (1) whether the technology is designated 

as a qualified antiterrorism technology under the Support Antiterrorism by Fostering Effective Technologies Act of 2002 

(Public Law 107–296), as appropriate. 

(b) PURPOSE.—The purpose of the program is to assist eligible 

grant recipients under this Act and others, as appropriate, to purchase and use the best technology and equipment available to 

meet the security needs of the Nation’s surface transportation 

system. 

(c) COORDINATION.—The Secretary shall ensure that the program established under this section makes use of and is consistent 

with other Department technology testing, information sharing, 

evaluation, and standards-setting programs, as appropriate. 

SEC. 1306. TSA PERSONNEL LIMITATIONS. 

Any statutory limitation on the number of employees in the 

Transportation Security Administration does not apply to employees 

carrying out this title and titles XII, XIV, and XV. 

SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM 

TRAINING PROGRAM. 

(a) DEFINITIONS.—For purposes of this section, the term ‘‘explosives detection canine team’’ means a canine and a canine handler 

that are trained to detect explosives, radiological materials, chemical, nuclear or biological weapons, or other threats as defined 

by the Secretary. 

(b) IN GENERAL.— (1) INCREASED CAPACITY.—Not later than 180 days after 

the date of enactment of this Act, the Secretary of Homeland 

Security shall— 

(A) begin to increase the number of explosives detection 

canine teams certified by the Transportation Security 

Administration for the purposes of transportation-related 

security by up to 200 canine teams annually by the end 

of 2010; and 

(B) encourage State, local, and tribal governments and 

private owners of high-risk transportation facilities to 

strengthen security through the use of highly trained explosives detection canine teams. 

(2) EXPLOSIVES DETECTION CANINE TEAMS.—The Secretary 

of Homeland Security shall increase the number of explosives 

detection canine teams by— 

(A) using the Transportation Security Administration’s 

National Explosives Detection Canine Team Training 

Center, including expanding and upgrading existing facilities, procuring and breeding additional canines, and 

increasing staffing and oversight commensurate with the 

increased training and deployment capabilities; 

(B) partnering with other Federal, State, or local agencies, nonprofit organizations, universities, or the private 

sector to increase the training capacity for canine detection 

teams; 

(C) procuring explosives detection canines trained by 

nonprofit organizations, universities, or the private sector 

provided they are trained in a manner consistent with 

the standards and requirements developed pursuant to subsection (c) or other criteria developed by the Secretary; 

or 
H. R. 1—131 

(D) a combination of subparagraphs (A), (B), and (C), 

as appropriate. 

(c) STANDARDS FOR EXPLOSIVES DETECTION CANINE TEAMS.— 

(1) IN GENERAL.—Based on the feasibility in meeting the 

ongoing demand for quality explosives detection canine teams, 

the Secretary shall establish criteria, including canine training 

curricula, performance standards, and other requirements 

approved by the Transportation Security Administration necessary to ensure that explosives detection canine teams trained 

by nonprofit organizations, universities, and private sector entities are adequately trained and maintained. 

(2) EXPANSION.—In developing and implementing such curriculum, performance standards, and other requirements, the 

Secretary shall— 

(A) coordinate with key stakeholders, including international, Federal, State, and local officials, and private 

sector and academic entities to develop best practice guidelines for such a standardized program, as appropriate; 

(B) require that explosives detection canine teams 

trained by nonprofit organizations, universities, or private 

sector entities that are used or made available by the 

Secretary be trained consistent with specific training criteria developed by the Secretary; and 

(C) review the status of the private sector programs 

on at least an annual basis to ensure compliance with 

training curricula, performance standards, and other 

requirements. 

(d) DEPLOYMENT.—The Secretary shall— 

(1) use the additional explosives detection canine teams 

as part of the Department’s efforts to strengthen security across 

the Nation’s transportation network, and may use the canine 

teams on a more limited basis to support other homeland 

security missions, as determined appropriate by the Secretary; 

(2) make available explosives detection canine teams to 

all modes of transportation, for high-risk areas or to address 

specific threats, on an as-needed basis and as otherwise determined appropriate by the Secretary; 

(3) encourage, but not require, any transportation facility 

or system to deploy TSA-certified explosives detection canine 

teams developed under this section; and 

(4) consider specific needs and training requirements for 

explosives detection canine teams to be deployed across the 

Nation’s transportation network, including in venues of multiple modes of transportation, as appropriate. 

(e) CANINE PROCUREMENT.—The Secretary, acting through the 

Administrator of the Transportation Security Administration, shall 

work to ensure that explosives detection canine teams are procured 

as efficiently as possible and at the best price, while maintaining 

the needed level of quality, including, if appropriate, through 

increased domestic breeding. 

(f) STUDY.—Not later than 1 year after the date of enactment 

of this Act, the Comptroller General shall report to the appropriate 

congressional committees on the utilization of explosives detection 

canine teams to strengthen security and the capacity of the national 

explosive detection canine team program. 
H. R. 1—132 

(g) AUTHORIZATION.—There are authorized to be appropriated 

to the Secretary such sums as may be necessary to carry out 

this section for fiscal years 2007 through 2011. 

SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY 

USER FEE STUDY. 

(a) IN GENERAL.—The Secretary of Homeland Security shall 

conduct a study of the need for, and feasibility of, establishing 

a system of maritime and surface transportation-related user fees 

that may be imposed and collected as a dedicated revenue source, 

on a temporary or continuing basis, to provide necessary funding 

for legitimate improvements to, and maintenance of, maritime and 

surface transportation security, including vessel and facility plans 

required under section 70103(c) of title 46, United States Code. 

In developing the study, the Secretary shall consult with maritime 

and surface transportation carriers, shippers, passengers, facility 

owners and operators, and other persons as determined by the 

Secretary. Not later than 1 year after the date of the enactment 

of this Act, the Secretary shall submit a report to the appropriate 

congressional committees that contains— 

(1) the results of the study; 

(2) an assessment of the annual sources of funding collected 

through maritime and surface transportation at ports of entry 

and a detailed description of the distribution and use of such 

funds, including the amount and percentage of such sources 

that are dedicated to improve and maintain security; 

(3) an assessment of— 

(A) the fees, charges, and standards imposed on United 

States ports, port terminal operators, shippers, carriers, 

and other persons who use United States ports of entry 

compared with the fees and charges imposed on Canadian 

and Mexican ports, Canadian and Mexican port terminal 

operators, shippers, carriers, and other persons who use 

Canadian or Mexican ports of entry; and 

(B) the impact of such fees, charges, and standards 

on the competitiveness of United States ports, port terminal 

operators, railroad carriers, motor carriers, pipelines, other 

transportation modes, and shippers; 

(4) the private efforts and investments to secure maritime 

and surface transportation modes, including those that are 

operational and those that are planned; and 

(5) the Secretary’s recommendations based upon the study, 

and an assessment of the consistency of such recommendations 

with the international obligations and commitments of the 

United States. 

(b) DEFINITIONS.—In this section: 

(1) PORT OF ENTRY.—The term ‘‘port of entry’’ means any 

port or other facility through which foreign goods are permitted 

to enter the customs territory of a country under official supervision. 

(2) MARITIME AND SURFACE TRANSPORTATION.—The term 

‘‘maritime and surface transportation’’ includes ocean borne 

and vehicular transportation. 

SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO CONVICTED FELONS. 

(a) IN GENERAL.—Section 70105 of title 46, United States Code, 

is amended— 
H. R. 1—133 

(1) in subsection (b)(1), by striking ‘‘decides that the individual poses a security risk under subsection (c)’’ and inserting 

‘‘determines under subsection (c) that the individual poses a 

security risk’’; and 

(2) in subsection (c), by amending paragraph (1) to read 

as follows: 

‘‘(1) DISQUALIFICATIONS.— 

‘‘(A) PERMANENT DISQUALIFYING CRIMINAL OFFENSES.— 

Except as provided under paragraph (2), an individual 

is permanently disqualified from being issued a biometric 

transportation security card under subsection (b) if the 

individual has been convicted, or found not guilty by reason 

of insanity, in a civilian or military jurisdiction of any 

of the following felonies: 

‘‘(i) Espionage or conspiracy to commit espionage. 

‘‘(ii) Sedition or conspiracy to commit sedition. 

‘‘(iii) Treason or conspiracy to commit treason. 

‘‘(iv) A Federal crime of terrorism (as defined in 

section 2332b(g) of title 18), a crime under a comparable State law, or conspiracy to commit such crime. 

‘‘(v) A crime involving a transportation security 

incident. 

‘‘(vi) Improper transportation of a hazardous material in violation of section 5104(b) of title 49, or a 

comparable State law. 

‘‘(vii) Unlawful possession, use, sale, distribution, 

manufacture, purchase, receipt, transfer, shipment, 

transportation, delivery, import, export, or storage of, 

or dealing in, an explosive or explosive device. In this 

clause, an explosive or explosive device includes— 

‘‘(I) an explosive (as defined in sections 232(5) 

and 844(j) of title 18); 

‘‘(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18); 

and 

‘‘(III) a destructive device (as defined in 

921(a)(4) of title 18 or section 5845(f) of the 

Internal Revenue Code of 1986). 

‘‘(viii) Murder. 

‘‘(ix) Making any threat, or maliciously conveying 

false information knowing the same to be false, concerning the deliverance, placement, or detonation of 

an explosive or other lethal device in or against a 

place of public use, a State or other government facility, 

a public transportation system, or an infrastructure 

facility. 

‘‘(x) A violation of chapter 96 of title 18, popularly 

known as the Racketeer Influenced and Corrupt 

Organizations Act, or a comparable State law, if one 

of the predicate acts found by a jury or admitted by 

the defendant consists of one of the crimes listed in 

this subparagraph. 

‘‘(xi) Attempt to commit any of the crimes listed 

in clauses (i) through (iv). 

‘‘(xii) Conspiracy or attempt to commit any of the 

crimes described in clauses (v) through (x). 
H. R. 1—134 

‘‘(B) INTERIM DISQUALIFYING CRIMINAL OFFENSES.— 

Except as provided under paragraph (2), an individual 

is disqualified from being issued a biometric transportation 

security card under subsection (b) if the individual has 

been convicted, or found not guilty by reason of insanity, 

during the 7-year period ending on the date on which 

the individual applies for such card, or was released from 

incarceration during the 5-year period ending on the date 

on which the individual applies for such card, of any of 

the following felonies: 

‘‘(i) Unlawful possession, use, sale, manufacture, 

purchase, distribution, receipt, transfer, shipment, 

transportation, delivery, import, export, or storage of, 

or dealing in, a firearm or other weapon. In this clause, 

a firearm or other weapon includes— 

‘‘(I) firearms (as defined in section 921(a)(3) 

of title 18 or section 5845(a) of the Internal Revenue Code of 1986); and 

‘‘(II) items contained on the U.S. Munitions 

Import List under section 447.21 of title 27, Code 

of Federal Regulations. 

‘‘(ii) Extortion. 

‘‘(iii) Dishonesty, fraud, or misrepresentation, 

including identity fraud and money laundering if the 

money laundering is related to a crime described in 

this subparagraph or subparagraph (A). In this clause, 

welfare fraud and passing bad checks do not constitute 

dishonesty, fraud, or misrepresentation. 

‘‘(iv) Bribery. 

‘‘(v) Smuggling. 

‘‘(vi) Immigration violations. 

‘‘(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance. 

‘‘(viii) Arson. 

‘‘(ix) Kidnaping or hostage taking. 

‘‘(x) Rape or aggravated sexual abuse. 

‘‘(xi) Assault with intent to kill. 

‘‘(xii) Robbery. 

‘‘(xiii) Conspiracy or attempt to commit any of 

the crimes listed in this subparagraph. 

‘‘(xiv) Fraudulent entry into a seaport in violation 

of section 1036 of title 18, or a comparable State law. 

‘‘(xv) A violation of the chapter 96 of title 18, 

popularly known as the Racketeer Influenced and Corrupt Organizations Act or a comparable State law, 

other than any of the violations listed in subparagraph 

(A)(x). 

‘‘(C) UNDER WANT, WARRANT, OR INDICTMENT.—An 

applicant who is wanted, or under indictment, in any 

civilian or military jurisdiction for a felony listed in paragraph (1)(A), is disqualified from being issued a biometric 

transportation security card under subsection (b) until the 

want or warrant is released or the indictment is dismissed. 

‘‘(D) OTHER POTENTIAL DISQUALIFICATIONS.—Except as 

provided under subparagraphs (A) through (C), an individual may not be denied a transportation security card 
H. R. 1—135 

under subsection (b) unless the Secretary determines that 

individual— 

‘‘(i) has been convicted within the preceding 7- 

year period of a felony or found not guilty by reason 

of insanity of a felony— 

‘‘(I) that the Secretary believes could cause 

the individual to be a terrorism security risk to 

the United States; or 

‘‘(II) for causing a severe transportation security incident; 

‘‘(ii) has been released from incarceration within 

the preceding 5-year period for committing a felony 

described in clause (i); 

‘‘(iii) may be denied admission to the United States 

or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or 

‘‘(iv) otherwise poses a terrorism security risk to 

the United States. 

‘‘(E) MODIFICATION OF LISTED OFFENSES.—The Secretary may, by rulemaking, add to or modify the list of 

disqualifying crimes described in paragraph (1)(B).’’. 

SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY 

AND THE DEPARTMENT OF TRANSPORTATION. 

The Secretary of Homeland Security is the principal Federal 

official responsible for transportation security. The roles and responsibilities of the Department of Homeland Security and the Department of Transportation in carrying out this title and titles XII, 

XIV, and XV are the roles and responsibilities of such Departments 

pursuant to the Aviation and Transportation Security Act (Public 

Law 107–71); the Intelligence Reform and Terrorism Prevention 

Act of 2004 (Public Law 108–458); the National Infrastructure 

Protection Plan required by Homeland Security Presidential Directive–7; The Homeland Security Act of 2002; The National Response 

Plan; Executive Order No. 13416: Strengthening Surface Transportation Security, dated December 5, 2006; the Memorandum of 

Understanding between the Department and the Department of 

Transportation on Roles and Responsibilities, dated September 28, 

2004, and any and all subsequent annexes to this Memorandum 

of Understanding; and any other relevant agreements between the 

two Departments. 

TITLE XIV—PUBLIC TRANSPORTATION 

SECURITY 

SEC. 1401. SHORT TITLE. 

This title may be cited as the ‘‘National Transit Systems Security Act of 2007’’. 

SEC. 1402. DEFINITIONS. 

For purposes of this title, the following terms apply: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Banking, Housing, and Urban Affairs, and the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Homeland Security and the Committee 
H. R. 1—136 

on Transportation and Infrastructure of the House of Representatives. 

(2) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Homeland Security. 

(3) DISADVANTAGED BUSINESSES CONCERNS.—The term ‘‘disadvantaged business concerns’’ means small businesses that 

are owned and controlled by socially and economically disadvantaged individuals as defined in section 124, title 13, Code of 

Federal Regulations. 

(4) FRONTLINE EMPLOYEE.—The term ‘‘frontline employee’’ 

means an employee of a public transportation agency who is 

a transit vehicle driver or operator, dispatcher, maintenance 

and maintenance support employee, station attendant, customer service employee, security employee, or transit police, 

or any other employee who has direct contact with riders on 

a regular basis, and any other employee of a public transportation agency that the Secretary determines should receive 

security training under section 1408. 

(5) PUBLIC TRANSPORTATION AGENCY.—The term ‘‘public 

transportation agency’’ means a publicly owned operator of 

public transportation eligible to receive Federal assistance 

under chapter 53 of title 49, United States Code. 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

SEC. 1403. FINDINGS. 

Congress finds that— 

(1) 182 public transportation systems throughout the world 

have been primary targets of terrorist attacks; 

(2) more than 6,000 public transportation agencies operate 

in the United States; 

(3) people use public transportation vehicles 33,000,000 

times each day; 

(4) the Federal Transit Administration has invested 

$93,800,000,000 since 1992 for construction and improvements; 

(5) the Federal investment in transit security has been 

insufficient; and 

(6) greater Federal investment in transit security improvements per passenger boarding is necessary to better protect 

the American people, given transit’s vital importance in creating mobility and promoting our Nation’s economy. 

SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECURITY. 

(a) NATIONAL STRATEGY.—Not later than 9 months after the 

date of enactment of this Act and based upon the previous and 

ongoing security assessments conducted by the Department and 

the Department of Transportation, the Secretary, consistent with 

and as required by section 114(t) of title 49, United States Code, 

shall develop and implement the modal plan for public transportation, entitled the ‘‘National Strategy for Public Transportation 

Security’’. 

(b) PURPOSE.— (1) GUIDELINES.—In developing the National Strategy for 

Public Transportation Security, the Secretary shall establish 

guidelines for public transportation security that— 

(A) minimize security threats to public transportation 

systems; and 
H. R. 1—137 

(B) maximize the abilities of public transportation systems to mitigate damage resulting from terrorist attack 

or other major incident. 

(2) ASSESSMENTS AND CONSULTATIONS.—In developing the 

National Strategy for Public Transportation Security, the Secretary shall— 

(A) use established and ongoing public transportation 

security assessments as the basis of the National Strategy 

for Public Transportation Security; and 

(B) consult with all relevant stakeholders, including 

public transportation agencies, nonprofit labor organizations representing public transportation employees, emergency responders, public safety officials, and other relevant 

parties. 

(c) CONTENTS.—In the National Strategy for Public Transportation Security, the Secretary shall describe prioritized goals, objectives, policies, actions, and schedules to improve the security of 

public transportation. 

(d) RESPONSIBILITIES.—The Secretary shall include in the 

National Strategy for Public Transportation Security a description 

of the roles, responsibilities, and authorities of Federal, State, and 

local agencies, tribal governments, and appropriate stakeholders. 

The plan shall also include— 

(1) the identification of, and a plan to address, gaps and 

unnecessary overlaps in the roles, responsibilities, and authorities of Federal agencies; and 

(2) a process for coordinating existing or future security 

strategies and plans for public transportation, including the 

National Infrastructure Protection Plan required by Homeland 

Security Presidential Directive–7; Executive Order No. 13416: 

Strengthening Surface Transportation Security dated December 

5, 2006; the Memorandum of Understanding between the 

Department and the Department of Transportation on Roles 

and Responsibilities dated September 28, 2004; and subsequent 

annexes and agreements. 

(e) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing the National Strategy for Public Transportation Security, 

the Secretary shall use relevant existing risk assessments and 

strategies developed by the Department or other Federal agencies, 

including those developed or implemented pursuant to section 114(t) 

of title 49, United States Code, or Homeland Security Presidential 

Directive–7. 

(f) FUNDING.—There is authorized to be appropriated to the 

Secretary to carry out this section $2,000,000 for fiscal year 2008. 

SEC. 1405. SECURITY ASSESSMENTS AND PLANS. 

(a) PUBLIC TRANSPORTATION SECURITY ASSESSMENTS.— 

(1) SUBMISSION.—Not later than 30 days after the date 

of enactment of this Act, the Administrator of the Federal 

Transit Administration of the Department of Transportation 

shall submit all public transportation security assessments and 

all other relevant information to the Secretary. 

(2) SECRETARIAL REVIEW.—Not later than 60 days after 

receiving the submission under paragraph (1), the Secretary 

shall review and augment the security assessments received, 

and conduct additional security assessments as necessary to 

ensure that at a minimum, all high risk public transportation 
H. R. 1—138 

agencies, as determined by the Secretary, will have a completed 

security assessment. 

(3) CONTENT.—The Secretary shall ensure that each completed security assessment includes— 

(A) identification of critical assets, infrastructure, and 

systems and their vulnerabilities; and 

(B) identification of any other security weaknesses, 

including weaknesses in emergency response planning and 

employee training. 

(b) BUS AND RURAL PUBLIC TRANSPORTATION SYSTEMS.—Not 

later than 180 days after the date of enactment of this Act, the 

Secretary shall— 

(1) conduct security assessments, based on a representative 

sample, to determine the specific needs of— 

(A) local bus-only public transportation systems; and 

(B) public transportation systems that receive funds 

under section 5311 of title 49, United States Code; and 

(2) make the representative assessments available for use 

by similarly situated systems. 

(c) SECURITY PLANS.— 

(1) REQUIREMENT FOR PLAN.— 

(A) HIGH RISK AGENCIES.—The Secretary shall require 

public transportation agencies determined by the Secretary 

to be at high risk for terrorism to develop a comprehensive 

security plan. The Secretary shall provide technical assistance and guidance to public transportation agencies in 

preparing and implementing security plans under this section. 

(B) OTHER AGENCIES.—Provided that no public 

transportation agency that has not been designated high 

risk shall be required to develop a security plan, the Secretary may also establish a security program for public 

transportation agencies not designated high risk by the 

Secretary, to assist those public transportation agencies 

which request assistance, including— 

(i) guidance to assist such agencies in conducting 

security assessments and preparing and implementing 

security plans; and 

(ii) a process for the Secretary to review and 

approve such assessments and plans, as appropriate. 

(2) CONTENTS OF PLAN.—The Secretary shall ensure that 

security plans include, as appropriate— 

(A) a prioritized list of all items included in the public 

transportation agency’s security assessment that have not 

yet been addressed; 

(B) a detailed list of any additional capital and operational improvements identified by the Department or the 

public transportation agency and a certification of the 

public transportation agency’s technical capacity for operating and maintaining any security equipment that may 

be identified in such list; 

(C) specific procedures to be implemented or used by 

the public transportation agency in response to a terrorist 

attack, including evacuation and passenger communication 

plans and appropriate evacuation and communication 

measures for the elderly and individuals with disabilities; 
H. R. 1—139 

(D) a coordinated response plan that establishes procedures for appropriate interaction with State and local law 

enforcement agencies, emergency responders, and Federal 

officials in order to coordinate security measures and plans 

for response in the event of a terrorist attack or other 

major incident; 

(E) a strategy and timeline for conducting training 

under section 1408; 

(F) plans for providing redundant and other appropriate backup systems necessary to ensure the continued 

operation of critical elements of the public transportation 

system in the event of a terrorist attack or other major 

incident; 

(G) plans for providing service capabilities throughout 

the system in the event of a terrorist attack or other 

major incident in the city or region which the public 

transportation system serves; 

(H) methods to mitigate damage within a public 

transportation system in case of an attack on the system, 

including a plan for communication and coordination with 

emergency responders; and 

(I) other actions or procedures as the Secretary determines are appropriate to address the security of the public 

transportation system. 

(3) REVIEW.—Not later than 6 months after receiving the 

plans required under this section, the Secretary shall— 

(A) review each security plan submitted; 

(B) require the public transportation agency to make 

any amendments needed to ensure that the plan meets 

the requirements of this section; and 

(C) approve any security plan that meets the requirements of this section. 

(4) EXEMPTION.—The Secretary shall not require a public 

transportation agency to develop a security plan under paragraph (1) if the agency does not receive a grant under section 

1406. 

(5) WAIVER.—The Secretary may waive the exemption provided in paragraph (4) to require a public transportation agency 

to develop a security plan under paragraph (1) in the absence 

of grant funds under section 1406 if not less than 3 days 

after making the determination the Secretary provides the 

appropriate congressional committees and the public transportation agency written notification detailing the need for the 

security plan, the reasons grant funding has not been made 

available, and the reason the agency has been designated high 

risk. 

(d) CONSISTENCY WITH OTHER PLANS.—The Secretary shall 

ensure that the security plans developed by public transportation 

agencies under this section are consistent with the security assessments developed by the Department and the National Strategy 

for Public Transportation Security developed under section 1404. 

(e) UPDATES.—Not later than September 30, 2008, and annually 

thereafter, the Secretary shall— 

(1) update the security assessments referred to in subsection (a); 

(2) update the security improvement priorities required 

under subsection (f); and 
H. R. 1—140 

(3) require public transportation agencies to update the 

security plans required under subsection (c) as appropriate. 

(f) SECURITY IMPROVEMENT PRIORITIES.— 

(1) IN GENERAL.—Beginning in fiscal year 2008 and each 

fiscal year thereafter, the Secretary, after consultation with 

management and nonprofit employee labor organizations representing public transportation employees as appropriate, and 

with appropriate State and local officials, shall utilize the 

information developed or received in this section to establish 

security improvement priorities unique to each individual public 

transportation agency that has been assessed. 

(2) ALLOCATIONS.—The Secretary shall use the security 

improvement priorities established in paragraph (1) as the basis 

for allocating risk-based grant funds under section 1406, unless 

the Secretary notifies the appropriate congressional committees 

that the Secretary has determined an adjustment is necessary 

to respond to an urgent threat or other significant national 

security factors. 

(g) SHARED FACILITIES.—The Secretary shall encourage the 

development and implementation of coordinated assessments and 

security plans to the extent a public transportation agency shares 

facilities (such as tunnels, bridges, stations, or platforms) with 

another public transportation agency, a freight or passenger railroad 

carrier, or over-the-road bus operator that are geographically close 

or otherwise co-located. 

(h) NONDISCLOSURE OF INFORMATION.— (1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 

in this section shall be construed as authorizing the withholding 

of any information from Congress. 

(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA- TION.—Nothing in this section shall be construed as affecting 

any authority or obligation of a Federal agency to disclose 

any record or information that the Federal agency obtains 

from a public transportation agency under any other Federal 

law. 

(i) DETERMINATION.—In response to a petition by a public 

transportation agency or at the discretion of the Secretary, the 

Secretary may recognize existing procedures, protocols, and standards of a public transportation agency that the Secretary determines 

meet all or part of the requirements of this section regarding 

security assessments or security plans. 

SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE. 

(a) SECURITY ASSISTANCE PROGRAM.— 

(1) IN GENERAL.—The Secretary shall establish a program 

for making grants to eligible public transportation agencies 

for security improvements described in subsection (b). 

(2) ELIGIBILITY.—A public transportation agency is eligible 

for a grant under this section if the Secretary has performed 

a security assessment or the agency has developed a security 

plan under section 1405. Grant funds shall only be awarded 

for permissible uses under subsection (b) to— 

(A) address items included in a security assessment; 

or 

(B) further a security plan. 

(b) USES OF FUNDS.—A recipient of a grant under subsection 

(a) shall use the grant funds for one or more of the following: 
H. R. 1—141 

(1) Capital uses of funds, including— 

(A) tunnel protection systems; 

(B) perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades; 

(C) redundant critical operations control systems; 

(D) chemical, biological, radiological, or explosive detection systems, including the acquisition of canines used 

for such detection; 

(E) surveillance equipment; 

(F) communications equipment, including mobile 

service equipment to provide access to wireless Enhanced 

911 (E911) emergency services in an underground fixed 

guideway system; 

(G) emergency response equipment, including personal 

protective equipment; 

(H) fire suppression and decontamination equipment; 

(I) global positioning or tracking and recovery equipment, and other automated-vehicle-locator-type system 

equipment; 

(J) evacuation improvements; 

(K) purchase and placement of bomb-resistant trash 

cans throughout public transportation facilities, including 

subway exits, entrances, and tunnels; 

(L) capital costs associated with security awareness, 

security preparedness, and security response training, 

including training under section 1408 and exercises under 

section 1407; 

(M) security improvements for public transportation 

systems, including extensions thereto, in final design or 

under construction; 

(N) security improvements for stations and other public 

transportation infrastructure, including stations and other 

public transportation infrastructure owned by State or local 

governments; and 

(O) other capital security improvements determined 

appropriate by the Secretary. 

(2) Operating uses of funds, including— 

(A) security training, including training under section 

1408 and training developed by institutions of higher education and by nonprofit employee labor organizations, for 

public transportation employees, including frontline 

employees; 

(B) live or simulated exercises under section 1407; 

(C) public awareness campaigns for enhanced public 

transportation security; 

(D) canine patrols for chemical, radiological, biological, 

or explosives detection; 

(E) development of security plans under section 1405; 

(F) overtime reimbursement including reimbursement 

of State, local, and tribal governments, for costs for 

enhanced security personnel during significant national 

and international public events; 

(G) operational costs, including reimbursement of 

State, local, and tribal governments for costs for personnel 

assigned to full-time or part-time security or 

counterterrorism duties related to public transportation, 
H. R. 1—142 

provided that this expense totals no more than 10 percent 

of the total grant funds received by a public transportation 

agency in any 1 year; and 

(H) other operational security costs determined appropriate by the Secretary, excluding routine, ongoing personnel costs, other than those set forth in this section. 

(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— 

In carrying out the responsibilities under subsection (a), the Secretary shall— 

(1) determine the requirements for recipients of grants 

under this section, including application requirements; 

(2) pursuant to subsection (a)(2), select the recipients of 

grants based solely on risk; and 

(3) pursuant to subsection (b), establish the priorities for 

which grant funds may be used under this section. 

(d) DISTRIBUTION OF GRANTS.—Not later than 90 days after 

the date of enactment of this Act, the Secretary and the Secretary 

of Transportation shall determine the most effective and efficient 

way to distribute grant funds to the recipients of grants determined 

by the Secretary under subsection (a). Subject to the determination 

made by the Secretaries, the Secretary may transfer funds to the 

Secretary of Transportation for the purposes of disbursing funds 

to the grant recipient. 

(e) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as 

otherwise specifically provided in this section, a grant provided 

under this section shall be subject to the terms and conditions 

applicable to a grant made under section 5307 of title 49, United 

States Code, as in effect on January 1, 2007, and such other 

terms and conditions as are determined necessary by the Secretary. 

(f) LIMITATION ON USES OF FUNDS.—Grants made under this 

section may not be used to make any State or local government 

cost-sharing contribution under any other Federal law. 

(g) ANNUAL REPORTS.—Each recipient of a grant under this 

section shall report annually to the Secretary on the use of the 

grant funds. 

(h) GUIDELINES.—Before distribution of funds to recipients of 

grants, the Secretary shall issue guidelines to ensure that, to the 

extent that recipients of grants under this section use contractors 

or subcontractors, such recipients shall use small, minority, womenowned, or disadvantaged business concerns as contractors or subcontractors to the extent practicable. 

(i) COORDINATION WITH STATE HOMELAND SECURITY PLANS.— 

In establishing security improvement priorities under section 1405 

and in awarding grants for capital security improvements and operational security improvements under subsection (b), the Secretary 

shall act consistently with relevant State homeland security plans. 

(j) MULTISTATE TRANSPORTATION SYSTEMS.—In cases in which 

a public transportation system operates in more than one State, 

the Secretary shall give appropriate consideration to the risks of 

the entire system, including those portions of the States into which 

the system crosses, in establishing security improvement priorities 

under section 1405 and in awarding grants for capital security 

improvements and operational security improvements under subsection (b). 

(k) CONGRESSIONAL NOTIFICATION.—Not later than 3 days 

before the award of any grant under this section, the Secretary 
H. R. 1—143 

shall notify simultaneously, the appropriate congressional committees of the intent to award such grant. 

(l) RETURN OF MISSPENT GRANT FUNDS.—The Secretary shall 

establish a process to require the return of any misspent grant 

funds received under this section determined to have been spent 

for a purpose other than those specified in the grant award. 

(m) AUTHORIZATION OF APPROPRIATIONS.— 

(1) There are authorized to be appropriated to the Secretary 

to make grants under this section— 

(A) such sums as are necessary for fiscal year 2007; 

(B) $650,000,000 for fiscal year 2008, except that not 

more than 50 percent of such funds may be used for operational costs under subsection (b)(2); 

(C) $750,000,000 for fiscal year 2009, except that not 

more than 30 percent of such funds may be used for operational costs under subsection (b)(2); 

(D) $900,000,000 for fiscal year 2010, except that not 

more than 20 percent of such funds may be used for operational costs under subsection (b)(2); and 

(E) $1,100,000,000 for fiscal year 2011, except that 

not more than 10 percent of such funds may be used 

for operational costs under subsection (b)(2). 

(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 

out this section shall remain available until expended. 

(3) WAIVER.—The Secretary may waive the limitation on 

operational costs specified in subparagraphs (B) through (E) 

of paragraph (1) if the Secretary determines that such a waiver 

is required in the interest of national security, and if the 

Secretary provides a written justification to the appropriate 

congressional committees prior to any such action. 

(4) EFFECTIVE DATE.—Funds provided for fiscal year 2007 

transit security grants under Public Law 110–28 shall be allocated based on security assessments that are in existence as 

of the date of enactment of this Act. 

SEC. 1407. SECURITY EXERCISES. 

(a) IN GENERAL.—The Secretary shall establish a program for 

conducting security exercises for public transportation agencies for 

the purpose of assessing and improving the capabilities of entities 

described in subsection (b) to prevent, prepare for, mitigate against, 

respond to, and recover from acts of terrorism. 

(b) COVERED ENTITIES.—Entities to be assessed under the program shall include— 

(1) Federal, State, and local agencies and tribal governments; 

(2) public transportation agencies; 

(3) governmental and nongovernmental emergency 

response providers and law enforcement personnel, including 

transit police; and 

(4) any other organization or entity that the Secretary 

determines appropriate. 

(c) REQUIREMENTS.—The Secretary shall ensure that the program— 

(1) requires, for public transportation agencies which the 

Secretary deems appropriate, exercises to be conducted that 

are— 
H. R. 1—144 

(A) scaled and tailored to the needs of specific public 

transportation systems, and include taking into account 

the needs of the elderly and individuals with disabilities; 

(B) live; 

(C) coordinated with appropriate officials; 

(D) as realistic as practicable and based on current 

risk assessments, including credible threats, 

vulnerabilities, and consequences; 

(E) inclusive, as appropriate, of frontline employees 

and managers; and 

(F) consistent with the National Incident Management 

System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such 

national initiatives; 

(2) provides that exercises described in paragraph (1) will 

be— 

(A) evaluated by the Secretary against clear and consistent performance measures; 

(B) assessed by the Secretary to learn best practices, 

which shall be shared with appropriate Federal, State, 

local, and tribal officials, governmental and nongovernmental emergency response providers, law enforcement personnel, including railroad and transit police, and appropriate stakeholders; and 

(C) followed by remedial action by covered entities 

in response to lessons learned; 

(3) involves individuals in neighborhoods around the infrastructure of a public transportation system; and 

(4) assists State, local, and tribal governments and public 

transportation agencies in designing, implementing, and evaluating exercises that conform to the requirements of paragraph 

(2). 

(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure 

that the exercise program developed under subsection (a) is a component of the National Exercise Program established under section 

648 of the Post Katrina Emergency Management Reform Act (Public 

Law 109–295; 6 U.S.C. 748). 

(e) FERRY SYSTEM EXEMPTION.—This section does not apply 

to any ferry system for which drills are required to be conducted 

pursuant to section 70103 of title 46, United States Code. 

SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, the Secretary shall develop and issue detailed 

interim final regulations, and not later than 1 year after the date 

of enactment of this Act, the Secretary shall develop and issue 

detailed final regulations, for a public transportation security 

training program to prepare public transportation employees, 

including frontline employees, for potential security threats and 

conditions. 

(b) CONSULTATION.—The Secretary shall develop the interim 

final and final regulations under subsection (a) in consultation 

with— 

(1) appropriate law enforcement, fire service, security, and 

terrorism experts; 

(2) representatives of public transportation agencies; and 
H. R. 1—145 

(3) nonprofit employee labor organizations representing 

public transportation employees or emergency response personnel. 

(c) PROGRAM ELEMENTS.—The interim final and final regulations developed under subsection (a) shall require security training 

programs to include, at a minimum, elements to address the following: 

(1) Determination of the seriousness of any occurrence or 

threat. 

(2) Crew and passenger communication and coordination. 

(3) Appropriate responses to defend oneself, including using 

nonlethal defense devices. 

(4) Use of personal protective devices and other protective 

equipment. 

(5) Evacuation procedures for passengers and employees, 

including individuals with disabilities and the elderly. 

(6) Training related to behavioral and psychological understanding of, and responses to, terrorist incidents, including 

the ability to cope with hijacker behavior, and passenger 

responses. 

(7) Live situational training exercises regarding various 

threat conditions, including tunnel evacuation procedures. 

(8) Recognition and reporting of dangerous substances and 

suspicious packages, persons, and situations. 

(9) Understanding security incident procedures, including 

procedures for communicating with governmental and nongovernmental emergency response providers and for on scene 

interaction with such emergency response providers. 

(10) Operation and maintenance of security equipment and 

systems. 

(11) Other security training activities that the Secretary 

deems appropriate. 

(d) REQUIRED PROGRAMS.— 

(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not 

later than 90 days after a public transportation agency meets 

the requirements under subsection (e), each such public 

transportation agency shall develop a security training program 

in accordance with the regulations developed under subsection 

(a) and submit the program to the Secretary for approval. 

(2) APPROVAL.—Not later than 60 days after receiving a 

security training program proposal under this subsection, the 

Secretary shall approve the program or require the public 

transportation agency that developed the program to make 

any revisions to the program that the Secretary determines 

necessary for the program to meet the requirements of the 

regulations. A public transportation agency shall respond to 

the Secretary’s comments within 30 days after receiving them. 

(3) TRAINING.—Not later than 1 year after the Secretary 

approves a security training program proposal in accordance 

with this subsection, the public transportation agency that 

developed the program shall complete the training of all 

employees covered under the program. 

(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.— 

The Secretary shall periodically review and update, as appropriate, the training regulations issued under subsection (a) 

to reflect new or changing security threats. Each public 
H. R. 1—146 

transportation agency shall revise its training program accordingly and provide additional training as necessary to its workers 

within a reasonable time after the regulations are updated. 

(e) APPLICABILITY.—A public transportation agency that 

receives a grant award under this title shall be required to develop 

and implement a security training program pursuant to this section. 

(f) LONG-TERM TRAINING REQUIREMENT.—Any public transportation agency required to develop a security training program pursuant to this section shall provide routine and ongoing training for 

employees covered under the program, regardless of whether the 

public transportation agency receives subsequent grant awards. 

(g) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure 

that the training program developed under subsection (a) is a 

component of the National Training Program established under 

section 648 of the Post Katrina Emergency Management Reform 

Act (Public Law 109–295; 6 U.S.C. 748). 

(h) FERRY EXEMPTION.—This section shall not apply to any 

ferry system for which training is required to be conducted pursuant 

to section 70103 of title 46, United States Code. 

(i) REPORT.—Not later than 2 years after the date of issuance 

of the final regulation, the Comptroller General shall review 

implementation of the training program, including interviewing 

a representative sample of public transportation agencies and 

employees, and report to the appropriate congressional committees, 

on the number of reviews conducted and the results. The Comptroller General may submit the report in both classified and 

redacted formats as necessary. 

SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT. 

(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The Secretary shall carry out a research and development 

program through the Homeland Security Advanced Research 

Projects Agency in the Science and Technology Directorate and 

in consultation with the Transportation Security Administration 

and with the Federal Transit Administration, for the purpose of 

improving the security of public transportation systems. 

(b) GRANTS AND CONTRACTS AUTHORIZED.—The Secretary shall 

award grants or contracts to public or private entities to conduct 

research and demonstrate technologies and methods to reduce and 

deter terrorist threats or mitigate damages resulting from terrorist 

attacks against public transportation systems. 

(c) USE OF FUNDS.—Grants or contracts awarded under subsection (a)— 

(1) shall be coordinated with activities of the Homeland 

Security Advanced Research Projects Agency; and 

(2) may be used to— 

(A) research chemical, biological, radiological, or explosive detection systems that do not significantly impede 

passenger access; 

(B) research imaging technologies; 

(C) conduct product evaluations and testing; 

(D) improve security and redundancy for critical 

communications, electrical power, and computer and train 

control systems; 

(E) develop technologies for securing tunnels, transit 

bridges and aerial structures; 
H. R. 1—147 

(F) research technologies that mitigate damages in the 

event of a cyber attack; and 

(G) research other technologies or methods for reducing 

or deterring terrorist attacks against public transportation 

systems, or mitigating damage from such attacks. 

(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 

(1) CONSULTATION.—In carrying out research and development projects under this section, the Secretary shall consult 

with the Chief Privacy Officer of the Department and the 

Officer for Civil Rights and Civil Liberties of the Department, 

as appropriate, and in accordance with section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142). 

(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002 (6 

U.S.C. 142; 345), the Chief Privacy Officer shall conduct privacy 

impact assessments and the Officer for Civil Rights and Civil 

Liberties shall conduct reviews, as appropriate, for research 

and development initiatives developed under this section. 

(e) REPORTING REQUIREMENT.—Each entity that is awarded 

a grant or contract under this section shall report annually to 

the Department on the use of grant or contract funds received 

under this section to ensure that the awards made are expended 

in accordance with the purposes of this title and the priorities 

developed by the Secretary. 

(f) COORDINATION.—The Secretary shall ensure that the 

research is consistent with the priorities established in the National 

Strategy for Public Transportation Security and is coordinated, 

to the extent practicable, with other Federal, State, local, tribal, 

and private sector public transportation, railroad, commuter railroad, and over-the-road bus research initiatives to leverage 

resources and avoid unnecessary duplicative efforts. 

(g) RETURN OF MISSPENT GRANT OR CONTRACT FUNDS.—If the 

Secretary determines that a grantee or contractor used any portion 

of the grant or contract funds received under this section for a 

purpose other than the allowable uses specified under subsection 

(c), the grantee or contractor shall return any amount so used 

to the Treasury of the United States. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary to make grants under this 

section— 

(1) such sums as necessary for fiscal year 2007; 

(2) $25,000,000 for fiscal year 2008; 

(3) $25,000,000 for fiscal year 2009; 

(4) $25,000,000 for fiscal year 2010; and 

(5) $25,000,000 for fiscal year 2011. 

SEC. 1410. INFORMATION SHARING. 

(a) INTELLIGENCE SHARING.—The Secretary shall ensure that 

the Department of Transportation receives appropriate and timely 

notification of all credible terrorist threats against public transportation assets in the United States. 

(b) INFORMATION SHARING ANALYSIS CENTER.— (1) AUTHORIZATION.—The Secretary shall provide for the 

reasonable costs of the Information Sharing and Analysis 

Center for Public Transportation (referred to in this subsection 

as the ‘‘ISAC’’). 

(2) PARTICIPATION.—The Secretary— 
H. R. 1—148 

(A) shall require public transportation agencies that 

the Secretary determines to be at high risk of terrorist 

attack to participate in the ISAC; 

(B) shall encourage all other public transportation 

agencies to participate in the ISAC; 

(C) shall encourage the participation of nonprofit 

employee labor organizations representing public transportation employees, as appropriate; and 

(D) shall not charge a fee for participating in the 

ISAC. 

(c) REPORT.—The Comptroller General shall report, not less 

than 3 years after the date of enactment of this Act, to the appropriate congressional committees, as to the value and efficacy of 

the ISAC along with any other public transportation informationsharing programs ongoing at the Department. The report shall 

include an analysis of the user satisfaction of public transportation 

agencies on the state of information-sharing and the value that 

each system provides the user, the costs and benefits of all centers 

and programs, the coordination among centers and programs, how 

each center or program contributes to implementing the information 

sharing plan under section 1203, and analysis of the extent to 

which the ISAC is duplicative with the Department’s informationsharing program. 

(d) AUTHORIZATION.— (1) IN GENERAL.—There are authorized to be appropriated 

to the Secretary to carry out this section— (A) $600,000 for fiscal year 2008; 

(B) $600,000 for fiscal year 2009; 

(C) $600,000 for fiscal year 2010; and 

(D) such sums as may be necessary for 2011, provided 

the report required in subsection (c) of this section has 

been submitted to Congress. 

(2) AVAILABILITY OF FUNDS.—Such sums shall remain available until expended. 

SEC. 1411. THREAT ASSESSMENTS. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary shall complete a name-based security background 

check against the consolidated terrorist watchlist and an immigration status check for all public transportation frontline employees, 

similar to the threat assessment screening program required for 

facility employees and longshoremen by the Commandant of the 

Coast Guard under Coast Guard Notice USCG–2006–24189 (71 

Fed. Reg. 25066 (April 8, 2006)). 

SEC. 1412. REPORTING REQUIREMENTS. 

(a) ANNUAL REPORT TO CONGRESS.— (1) IN GENERAL.—Not later than March 31 of each year, 

the Secretary shall submit a report, containing the information 

described in paragraph (2), to the appropriate congressional 

committees. 

(2) CONTENTS.—The report submitted under paragraph (1) 

shall include— 

(A) a description of the implementation of the provisions of this title; 

(B) the amount of funds appropriated to carry out 

the provisions of this title that have not been expended 

or obligated; 
H. R. 1—149 

(C) the National Strategy for Public Transportation 

Security required under section 1404; 

(D) an estimate of the cost to implement the National 

Strategy for Public Transportation Security which shall 

break out the aggregated total cost of needed capital and 

operational security improvements for fiscal years 2008– 

2018; and 

(E) the state of public transportation security in the 

United States, which shall include detailing the status 

of security assessments, the progress being made around 

the country in developing prioritized lists of security 

improvements necessary to make public transportation 

facilities and passengers more secure, the progress being 

made by agencies in developing security plans and how 

those plans differ from the security assessments and a 

prioritized list of security improvements being compiled 

by other agencies, as well as a random sample of an equal 

number of large- and small-scale projects currently underway. 

(3) FORMAT.—The Secretary may submit the report in both 

classified and redacted formats if the Secretary determines 

that such action is appropriate or necessary. 

(b) ANNUAL REPORT TO GOVERNORS.— 

(1) IN GENERAL.—Not later than March 31 of each year, 

the Secretary shall submit a report to the Governor of each 

State with a public transportation agency that has received 

a grant under this Act. 

(2) CONTENTS.—The report submitted under paragraph (1) 

shall specify— 

(A) the amount of grant funds distributed to each 

such public transportation agency; and 

(B) the use of such grant funds. 

SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS. 

(a) IN GENERAL.—A public transportation agency, a contractor 

or a subcontractor of such agency, or an officer or employee of 

such agency, shall not discharge, demote, suspend, reprimand, or 

in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good 

faith act done, or perceived by the employer to have been done 

or about to be done— 

(1) to provide information, directly cause information to 

be provided, or otherwise directly assist in any investigation 

regarding any conduct which the employee reasonably believes 

constitutes a violation of any Federal law, rule, or regulation 

relating to public transportation safety or security, or fraud, 

waste, or abuse of Federal grants or other public funds intended 

to be used for public transportation safety or security, if the 

information or assistance is provided to or an investigation 

stemming from the provided information is conducted by— 

(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General 

under the Inspector General Act of 1978 (5 U.S.C. App.; 

Public Law 95–452); 

(B) any Member of Congress, any Committee of Congress, or the Government Accountability Office; or 
H. R. 1—150 

(C) a person with supervisory authority over the 

employee or such other person who has the authority to 

investigate, discover, or terminate the misconduct; 

(2) to refuse to violate or assist in the violation of any 

Federal law, rule, or regulation relating to public transportation 

safety or security; 

(3) to file a complaint or directly cause to be brought 

a proceeding related to the enforcement of this section or to 

testify in that proceeding; 

(4) to cooperate with a safety or security investigation 

by the Secretary of Transportation, the Secretary of Homeland 

Security, or the National Transportation Safety Board; or 

(5) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National 

Transportation Safety Board, or any Federal, State, or local 

regulatory or law enforcement agency as to the facts relating 

to any accident or incident resulting in injury or death to 

an individual or damage to property occurring in connection 

with public transportation. 

(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A public 

transportation agency, or a contractor or a subcontractor of such 

agency, or an officer or employee of such agency, shall not discharge, 

demote, suspend, reprimand, or in any other way discriminate 

against an employee for— 

(A) reporting a hazardous safety or security condition; 

(B) refusing to work when confronted by a hazardous safety 

or security condition related to the performance of the 

employee’s duties, if the conditions described in paragraph (2) 

exist; or 

(C) refusing to authorize the use of any safety- or securityrelated equipment, track, or structures, if the employee is 

responsible for the inspection or repair of the equipment, track, 

or structures, when the employee believes that the equipment, 

track, or structures are in a hazardous safety or security condition, if the conditions described in paragraph (2) of this subsection exist. 

(2) A refusal is protected under paragraph (1)(B) and (C) if— 

(A) the refusal is made in good faith and no reasonable 

alternative to the refusal is available to the employee; 

(B) a reasonable individual in the circumstances then confronting the employee would conclude that— 

(i) the hazardous condition presents an imminent 

danger of death or serious injury; and 

(ii) the urgency of the situation does not allow sufficient 

time to eliminate the danger without such refusal; and 

(C) the employee, where possible, has notified the public 

transportation agency of the existence of the hazardous condition and the intention not to perform further work, or not 

to authorize the use of the hazardous equipment, track, or 

structures, unless the condition is corrected immediately or 

the equipment, track, or structures are repaired properly or 

replaced. 

(3) In this subsection, only subsection (b)(1)(A) shall apply 

to security personnel, including transit police, employed or utilized 

by a public transportation agency to protect riders, equipment, 

assets, or facilities. 

(c) ENFORCEMENT ACTION.— 
H. R. 1—151 

(1) FILING AND NOTIFICATION.—A person who believes that 

he or she has been discharged or otherwise discriminated 

against by any person in violation of subsection (a) or (b) 

may, not later than 180 days after the date on which such 

violation occurs, file (or have any person file on his or her 

behalf) a complaint with the Secretary of Labor alleging such 

discharge or discrimination. Upon receipt of a complaint filed 

under this paragraph, the Secretary of Labor shall notify, in 

writing, the person named in the complaint and the person’s 

employer of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting 

the complaint, and of the opportunities that will be afforded 

to such person under paragraph (2). 

(2) INVESTIGATION; PRELIMINARY ORDER.— 

(A) IN GENERAL.—Not later than 60 days after the 

date of receipt of a complaint filed under paragraph (1) 

and after affording the person named in the complaint 

an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet 

with a representative of the Secretary of Labor to present 

statements from witnesses, the Secretary of Labor shall 

conduct an investigation and determine whether there is 

reasonable cause to believe that the complaint has merit 

and notify, in writing, the complainant and the person 

alleged to have committed a violation of subsection (a) 

or (b) of the Secretary of Labor’s findings. If the Secretary 

of Labor concludes that there is a reasonable cause to 

believe that a violation of subsection (a) or (b) has occurred, 

the Secretary of Labor shall accompany the Secretary of 

Labor’s findings with a preliminary order providing the 

relief prescribed by paragraph (3)(B). Not later than 30 

days after the date of notification of findings under this 

paragraph, either the person alleged to have committed 

the violation or the complainant may file objections to 

the findings or preliminary order, or both, and request 

a hearing on the record. The filing of such objections shall 

not operate to stay any reinstatement remedy contained 

in the preliminary order. Such hearings shall be conducted 

expeditiously. If a hearing is not requested in such 30- 

day period, the preliminary order shall be deemed a final 

order that is not subject to judicial review. 

(B) REQUIREMENTS.— 

(i) REQUIRED SHOWING BY COMPLAINANT.—The Secretary of Labor shall dismiss a complaint filed under 

this subsection and shall not conduct an investigation 

otherwise required under subparagraph (A) unless the 

complainant makes a prima facie showing that any 

behavior described in subsection (a) or (b) was a 

contributing factor in the unfavorable personnel action 

alleged in the complaint. 

(ii) SHOWING BY EMPLOYER.—Notwithstanding a 

finding by the Secretary of Labor that the complainant 

has made the showing required under clause (i), no 

investigation otherwise required under paragraph (A) 

shall be conducted if the employer demonstrates, by 

clear and convincing evidence, that the employer would 
H. R. 1—152 

have taken the same unfavorable personnel action in 

the absence of that behavior. 

(iii) CRITERIA FOR DETERMINATION BY SECRETARY

OF LABOR.—The Secretary of Labor may determine that 

a violation of subsection (a) or (b) has occurred only 

if the complainant demonstrates that any behavior 

described in subsection (a) or (b) was a contributing 

factor in the unfavorable personnel action alleged in 

the complaint. 

(iv) PROHIBITION.—Relief may not be ordered 

under paragraph (A) if the employer demonstrates by 

clear and convincing evidence that the employer would 

have taken the same unfavorable personnel action in 

the absence of that behavior. 

(3) FINAL ORDER.— (A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREE- MENTS.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary of 

Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At 

any time before issuance of a final order, a proceeding 

under this subsection may be terminated on the basis 

of a settlement agreement entered into by the Secretary 

of Labor, the complainant, and the person alleged to have 

committed the violation. 

(B) REMEDY.—If, in response to a complaint filed under 

paragraph (1), the Secretary of Labor determines that a 

violation of subsection (a) or (b) has occurred, the Secretary 

of Labor shall order the person who committed such violation to— 

(i) take affirmative action to abate the violation; 

and 

(ii) provide the remedies described in subsection 

(d). 

(C) ORDER.—If an order is issued under subparagraph 

(B), the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the 

order is issued a sum equal to the aggregate amount of 

all costs and expenses (including attorney and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection 

with, bringing the complaint upon which the order was 

issued. 

(D) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor 

finds that a complaint under paragraph (1) is frivolous 

or has been brought in bad faith, the Secretary of Labor 

may award to the prevailing employer reasonable attorney 

fees not exceeding $1,000. 

(4) REVIEW.— 

(A) APPEAL TO COURT OF APPEALS.—Any person 

adversely affected or aggrieved by an order issued under 

paragraph (3) may obtain review of the order in the United 

States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly 

occurred or the circuit in which the complainant resided 

on the date of such violation. The petition for review must 

be filed not later than 60 days after the date of the issuance 
H. R. 1—153 

of the final order of the Secretary of Labor. Review shall 

conform to chapter 7 of title 5, United States Code. The 

commencement of proceedings under this subparagraph 

shall not, unless ordered by the court, operate as a stay 

of the order. 

(B) LIMITATION ON COLLATERAL ATTACK.—An order of 

the Secretary of Labor with respect to which review could 

have been obtained under subparagraph (A) shall not be 

subject to judicial review in any criminal or other civil 

proceeding. 

(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR.— 

Whenever any person has failed to comply with an order issued 

under paragraph (3), the Secretary of Labor may file a civil 

action in the United States district court for the district in 

which the violation was found to occur to enforce such order. 

In actions brought under this paragraph, the district courts 

shall have jurisdiction to grant all appropriate relief including, 

but not limited to, injunctive relief and compensatory damages. 

(6) ENFORCEMENT OF ORDER BY PARTIES.— 

(A) COMMENCEMENT OF ACTION.—A person on whose 

behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such 

order was issued to require compliance with such order. 

The appropriate United States district court shall have 

jurisdiction, without regard to the amount in controversy 

or the citizenship of the parties, to enforce such order. 

(B) ATTORNEY FEES.—The court, in issuing any final 

order under this paragraph, may award costs of litigation 

(including reasonable attorney and expert witness fees) 

to any party whenever the court determines such award 

is appropriate. 

(7) DE NOVO REVIEW.—With respect to a complaint under 

paragraph (1), if the Secretary of Labor has not issued a final 

decision within 210 days after the filing of the complaint and 

if the delay is not due to the bad faith of the employee, the 

employee may bring an original action at law or equity for 

de novo review in the appropriate district court of the United 

States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action 

shall, at the request of either party to such action, be tried 

by the court with a jury. The action shall be governed by 

the same legal burdens of proof specified in paragraph (2)(B) 

for review by the Secretary of Labor. 

(d) REMEDIES.— 

(1) IN GENERAL.—An employee prevailing in any action 

under subsection (c) shall be entitled to all relief necessary 

to make the employee whole. 

(2) DAMAGES.—Relief in an action under subsection (c) 

(including an action described in (c)(7)) shall include— 

(A) reinstatement with the same seniority status that 

the employee would have had, but for the discrimination; 

(B) any backpay, with interest; and 

(C) compensatory damages, including compensation for 

any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and 

reasonable attorney fees. 
H. R. 1—154 

(3) POSSIBLE RELIEF.—Relief in any action under subsection 

(c) may include punitive damages in an amount not to exceed 

$250,000. 

(e) ELECTION OF REMEDIES.—An employee may not seek protection under both this section and another provision of law for the 

same allegedly unlawful act of the public transportation agency. 

(f) NO PREEMPTION.—Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation, 

or any other manner of discrimination provided by Federal or 

State law. 

(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section 

shall be construed to diminish the rights, privileges, or remedies 

of any employee under any Federal or State law or under any 

collective bargaining agreement. The rights and remedies in this 

section may not be waived by any agreement, policy, form, or 

condition of employment. 

(h) DISCLOSURE OF IDENTITY.— (1) Except as provided in paragraph (2) of this subsection, 

or with the written consent of the employee, the Secretary 

of Transportation or the Secretary of Homeland Security may 

not disclose the name of an employee who has provided information described in subsection (a)(1). 

(2) The Secretary of Transportation or the Secretary of 

Homeland Security shall disclose to the Attorney General the 

name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for 

enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if 

disclosure of that person’s identity or identifying information 

is to occur. 

(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE

DEPARTMENT OF HOMELAND SECURITY.— (1) ESTABLISHMENT OF PROCESS.—The Secretary shall 

establish through regulations after an opportunity for notice 

and comment, and provide information to the public regarding, 

a process by which any person may submit a report to the 

Secretary regarding public transportation security problems, 

deficiencies, or vulnerabilities. 

(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 

under paragraph (1) identifies the person making the report, 

the Secretary shall respond promptly to such person and 

acknowledge receipt of the report. 

(3) STEPS TO ADDRESS PROBLEM.—The Secretary shall 

review and consider the information provided in any report 

submitted under paragraph (1) and shall take appropriate steps 

to address any problems or deficiencies identified. 

SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS FOR PUBLIC TRANSPORTATION. 

(a) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) SECURITY BACKGROUND CHECK.—The term ‘‘security 

background check’’ means reviewing the following for the purpose of identifying individuals who may pose a threat to 

transportation security, national security, or of terrorism: 

(A) Relevant criminal history databases. 
H. R. 1—155 

(B) In the case of an alien (as defined in section 101 

of the Immigration and Nationality Act (8 U.S.C. 

1101(a)(3))), the relevant databases to determine the status 

of the alien under the immigration laws of the United 

States. 

(C) Other relevant information or databases, as determined by the Secretary. 

(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ 

means an employee of a public transportation agency or a 

contractor or subcontractor of a public transportation agency. 

(b) GUIDANCE.— 

(1) Any guidance, recommendations, suggested action 

items, or any other widely disseminated voluntary action item 

issued by the Secretary to a public transportation agency or 

a contractor or subcontractor of a public transportation agency 

relating to performing a security background check of a covered 

individual shall contain recommendations on the appropriate 

scope and application of such a security background check, 

including the time period covered, the types of disqualifying 

offenses, and a redress process for adversely impacted covered 

individuals consistent with subsections (c) and (d) of this section. 

(2) Not later than 60 days after the date of enactment 

of this Act, any guidance, recommendations, suggested action 

items, or any other widely disseminated voluntary action item 

issued by the Secretary prior to the date of enactment of this 

Act to a public transportation agency or a contractor or subcontractor of a public transportation agency relating to performing 

a security background check of a covered individual shall be 

updated in compliance with paragraph (b)(1). 

(3) If a public transportation agency or a contractor or 

subcontractor of a public transportation agency performs a security background check on a covered individual to fulfill guidance 

issued by the Secretary under paragraph (1) or (2), the Secretary shall not consider such guidance fulfilled unless an adequate redress process as described in subsection (d) is provided 

to covered individuals. 

(c) REQUIREMENTS.—If the Secretary issues a rule, regulation 

or directive requiring a public transportation agency or contractor 

or subcontractor of a public transportation agency to perform a 

security background check of a covered individual, then the Secretary shall prohibit a public transportation agency or contractor 

or subcontractor of a public transportation agency from making 

an adverse employment decision, including removal or suspension 

of the employee, due to such rule, regulation, or directive with 

respect to a covered individual unless the public transportation 

agency or contractor or subcontractor of a public transportation 

agency determines that the covered individual— 

(1) has been convicted of, has been found not guilty of 

by reason of insanity, or is under want, warrant, or indictment 

for a permanent disqualifying criminal offense listed in part 

1572 of title 49, Code of Federal Regulations; 

(2) was convicted of or found not guilty by reason of insanity 

of an interim disqualifying criminal offense listed in part 1572 

of title 49, Code of Federal Regulations, within 7 years of 

the date that the public transportation agency or contractor 
H. R. 1—156 

or subcontractor of the public transportation agency performs 

the security background check; or 

(3) was incarcerated for an interim disqualifying criminal 

offense listed in part 1572 of title 49, Code of Federal Regulations, and released from incarceration within 5 years of the 

date that the public transportation agency or contractor or 

subcontractor of a public transportation agency performs the 

security background check. 

(d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or directive requiring a public transportation agency or contractor or subcontractor of a public transportation agency to perform 

a security background check of a covered individual, the Secretary 

shall— 

(1) provide an adequate redress process for a covered individual subjected to an adverse employment decision, including 

removal or suspension of the employee, due to such rule, regulation, or directive that is consistent with the appeals and waiver 

process established for applicants for commercial motor vehicle 

hazardous materials endorsements and transportation workers 

at ports, as required by section 70105(c) of title 49, United 

States Code; and 

(2) have the authority to order an appropriate remedy, 

including reinstatement of the covered individual, should the 

Secretary determine that a public transportation agency or 

contractor or subcontractor of a public transportation agency 

wrongfully made an adverse employment decision regarding 

a covered individual pursuant to such rule, regulation, or directive. 

(e) FALSE STATEMENTS.—A public transportation agency or a 

contractor or subcontractor of a public transportation agency may 

not knowingly misrepresent to an employee or other relevant person, including an arbiter involved in a labor arbitration, the scope, 

application, or meaning of any rules, regulations, directives, or 

guidance issued by the Secretary related to security background 

check requirements for covered individuals when conducting a security background check. Not later than 1 year after the date of 

enactment of this Act, the Secretary shall issue a regulation that 

prohibits a public transportation agency or a contractor or subcontractor of a public transportation agency from knowingly misrepresenting to an employee or other relevant person, including an 

arbiter involved in a labor arbitration, the scope, application, or 

meaning of any rules, regulations, directives, or guidance issued 

by the Secretary related to security background check requirements 

for covered individuals when conducting a security background 

check. 

(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall 

be construed to abridge a public transportation agency’s or a contractor or subcontractor of a public transportation agency’s rights 

or responsibilities to make adverse employment decisions permitted 

by other Federal, State, or local laws. Nothing in the section shall 

be construed to abridge rights and responsibilities of covered 

individuals, a public transportation agency, or a contractor or subcontractor of a public transportation agency under any other Federal, State, or local laws or collective bargaining agreement. 

(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in 

this section shall be construed to preempt a Federal, State, or 

local law that requires criminal history background checks, 
H. R. 1—157 

immigration status checks, or other background checks of covered 

individuals. 

(h) STATUTORY CONSTRUCTION.—Nothing in this section shall 

be construed to affect the process for review established under 

section 70105(c) of title 46, United States Code, including regulations issued pursuant to such section. 

SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES. 

(a) INSPECTORS.—Surface transportation inspectors shall be 

prohibited from issuing fines to public transportation agencies for 

violations of the Department’s regulations or orders except through 

the process described in subsection (b). 

(b) CIVIL PENALTIES.—The Secretary shall be prohibited from 

assessing civil penalties against public transportation agencies for 

violations of the Department’s regulations or orders, except in 

accordance with the following: 

(1) In the case of a public transportation agency that is 

found to be in violation of a regulation or order issued by 

the Secretary, the Secretary shall seek correction of the violation through a written notice to the public transportation 

agency and shall give the public transportation agency reasonable opportunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary. 

(2) If the public transportation agency does not correct 

the violation or propose an alternative means of compliance 

acceptable to the Secretary within a reasonable time period 

that is specified in the written notice, the Secretary may take 

any action authorized in section 114 of title 49, United States 

Code, as amended by this Act. 

(c) LIMITATION ON SECRETARY.—The Secretary shall not initiate 

civil enforcement actions for violations of administrative and procedural requirements pertaining to the application for and expenditure of funds awarded under transportation security grant programs 

under this title. 

TITLE XV—SURFACE TRANSPORTATION 

SECURITY 

Subtitle A—General Provisions 

SEC. 1501. DEFINITIONS. 

In this title, the following definitions apply: 

(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Commerce, Science, and Transportation and the Committee 

on Homeland Security and Governmental Affairs of the Senate 

and the Committee on Homeland Security and the Committee 

on Transportation and Infrastructure of the House of Representatives. 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Homeland Security. 

(3) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of Homeland Security. 
H. R. 1—158 

(4) OVER-THE-ROAD BUS.—The term ‘‘over-the-road bus’’ 

means a bus characterized by an elevated passenger deck 

located over a baggage compartment. 

(5) OVER-THE-ROAD BUS FRONTLINE EMPLOYEES.—In this 

section, the term ‘‘over-the-road bus frontline employees’’ means 

over-the-road bus drivers, security personnel, dispatchers, 

maintenance and maintenance support personnel, ticket agents, 

other terminal employees, and other employees of an overthe-road bus operator or terminal owner or operator that the 

Secretary determines should receive security training under 

this title. 

(6) RAILROAD FRONTLINE EMPLOYEES.—In this section, the 

term ‘‘railroad frontline employees’’ means security personnel, 

dispatchers, locomotive engineers, conductors, trainmen, other 

onboard employees, maintenance and maintenance support personnel, bridge tenders, and any other employees of railroad 

carriers that the Secretary determines should receive security 

training under this title. 

(7) RAILROAD.—The term ‘‘railroad’’ has the meaning that 

term has in section 20102 of title 49, United States Code. 

(8) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 

the meaning that term has in section 20102 of title 49, United 

States Code. 

(9) STATE.—The term ‘‘State’’ means any one of the 50 

States, the District of Columbia, Puerto Rico, the Northern 

Mariana Islands, the Virgin Islands, Guam, American Samoa, 

and any other territory or possession of the United States. 

(10) TERRORISM.—The term ‘‘terrorism’’ has the meaning 

that term has in section 2 of the Homeland Security Act of 

2002 (6 U.S.C. 101). 

(11) TRANSPORTATION.—The term ‘‘transportation’’, as used 

with respect to an over-the-road bus, means the movement 

of passengers or property by an over-the-road bus— 

(A) in the jurisdiction of the United States between 

a place in a State and a place outside the State (including 

a place outside the United States); or 

(B) in a State that affects trade, traffic, and transportation described in subparagraph (A). 

(12) UNITED STATES.—The term ‘‘United States’’ means the 

50 States, the District of Columbia, Puerto Rico, the Northern 

Mariana Islands, the Virgin Islands, Guam, American Samoa, 

and any other territory or possession of the United States. 

(13) SECURITY-SENSITIVE MATERIAL.—The term ‘‘securitysensitive material’’ means a material, or a group or class of 

material, in a particular amount and form that the Secretary, 

in consultation with the Secretary of Transportation, determines, through a rulemaking with opportunity for public comment, poses a significant risk to national security while being 

transported in commerce due to the potential use of the material in an act of terrorism. In making such a designation, 

the Secretary shall, at a minimum, consider the following: 

(A) Class 7 radioactive materials. 

(B) Division 1.1, 1.2, or 1.3 explosives. 

(C) Materials poisonous or toxic by inhalation, 

including Division 2.3 gases and Division 6.1 materials. 
H. R. 1—159 

(D) A select agent or toxin regulated by the Centers 

for Disease Control and Prevention under part 73 of title 

42, Code of Federal Regulations. 

(14) DISADVANTAGED BUSINESS CONCERNS.—The term ‘‘disadvantaged business concerns’’ means small businesses that 

are owned and controlled by socially and economically disadvantaged individuals as defined in section 124, of title 13, Code 

of Federal Regulations. 

(15) AMTRAK.—The term ‘‘Amtrak’’ means the National 

Railroad Passenger Corporation. 

SEC. 1502. OVERSIGHT AND GRANT PROCEDURES. 

(a) SECRETARIAL OVERSIGHT.—The Secretary, in coordination 

with Secretary of Transportation for grants awarded to Amtrak, 

shall establish necessary procedures, including monitoring and 

audits, to ensure that grants made under this title are expended 

in accordance with the purposes of this title and the priorities 

and other criteria developed by the Secretary. 

(b) ADDITIONAL AUDITS AND REVIEWS.—The Secretary, and the 

Secretary of Transportation for grants awarded to Amtrak, may 

award contracts to undertake additional audits and reviews of 

the safety, security, procurement, management, and financial 

compliance of a recipient of amounts under this title. 

(c) PROCEDURES FOR GRANT AWARD.—Not later than 180 days 

after the date of enactment of this Act, the Secretary shall prescribe 

procedures and schedules for the awarding of grants under this 

title, including application and qualification procedures, and a 

record of decision on applicant eligibility. The procedures shall 

include the execution of a grant agreement between the grant 

recipient and the Secretary and shall be consistent, to the extent 

practicable, with the grant procedures established under section 

70107(i) and (j) of title 46, United States Code. 

(d) ADDITIONAL AUTHORITY.— (1) ISSUANCE.—The Secretary may issue non-binding letters 

of intent to recipients of a grant under this title, to commit 

funding from future budget authority of an amount, not more 

than the Federal Government’s share of the project’s cost, for 

a capital improvement project. 

(2) SCHEDULE.—The letter of intent under this subsection 

shall establish a schedule under which the Secretary will 

reimburse the recipient for the Government’s share of the 

project’s costs, as amounts become available, if the recipient, 

after the Secretary issues that letter, carries out the project 

without receiving amounts under a grant issued under this 

title. 

(3) NOTICE TO SECRETARY.—A recipient that has been 

issued a letter of intent under this section shall notify the 

Secretary of the recipient’s intent to carry out a project before 

the project begins. 

(4) NOTICE TO CONGRESS.—The Secretary shall transmit 

to the appropriate congressional committees a written notification at least 5 days before the issuance of a letter of intent 

under this subsection. 

(5) LIMITATIONS.—A letter of intent issued under this subsection is not an obligation of the Federal Government under 

section 1501 of title 31, United States Code, and the letter 

is not deemed to be an administrative commitment for 
H. R. 1—160 

financing. An obligation or administrative commitment may 

be made only as amounts are provided in authorization and 

appropriations laws. 

(e) RETURN OF MISSPENT GRANT FUNDS.—As part of the grant 

agreement under subsection (c), the Secretary shall require grant 

applicants to return any misspent grant funds received under this 

title that the Secretary considers to have been spent for a purpose 

other than those specified in the grant award. The Secretary shall 

take all necessary actions to recover such funds. 

(f) CONGRESSIONAL NOTIFICATION.—Not later than 5 days before 

the award of any grant is made under this title, the Secretary 

shall notify the appropriate congressional committees of the intent 

to award such grant. 

(g) GUIDELINES.—The Secretary shall ensure, to the extent 

practicable, that grant recipients under this title who use contractors or subcontractors use small, minority, women-owned, or disadvantaged business concerns as contractors or subcontractors when 

appropriate. 

SEC. 1503. AUTHORIZATION OF APPROPRIATIONS. 

(a) TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZA- TION.—Section 114 of title 49, United States Code, as amended 

by section 1302 of this Act, is further amended by adding at the 

end the following: 

‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Homeland Security 

for— 

‘‘(1) railroad security— ‘‘(A) $488,000,000 for fiscal year 2008; 

‘‘(B) $483,000,000 for fiscal year 2009; 

‘‘(C) $508,000,000 for fiscal year 2010; and 

‘‘(D) $508,000,000 for fiscal year 2011; 

‘‘(2) over-the-road bus and trucking security— ‘‘(A) $14,000,000 for fiscal year 2008; 

‘‘(B) $27,000,000 for fiscal year 2009; 

‘‘(C) $27,000,000 for fiscal year 2010; and 

‘‘(D) $27,000,000 for fiscal year 2011; and 

‘‘(3) hazardous material and pipeline security— ‘‘(A) $12,000,000 for fiscal year 2008; 

‘‘(B) $12,000,000 for fiscal year 2009; and 

‘‘(C) $12,000,000 for fiscal year 2010.’’. 

(b) DEPARTMENT OF TRANSPORTATION.—There are authorized 

to be appropriated to the Secretary of Transportation to carry 

out section 1515— 

(1) $38,000,000 for fiscal year 2008; 

(2) $40,000,000 for fiscal year 2009; 

(3) $55,000,000 for fiscal year 2010; and 

(4) $70,000,000 for fiscal year 2011. 

SEC. 1504. PUBLIC AWARENESS. 

Not later than 180 days after the date of enactment of this 

Act, the Secretary shall develop a national plan for railroad and 

over-the-road bus security public outreach and awareness. Such 

a plan shall be designed to increase awareness of measures that 

the general public, passengers, and employees of railroad carriers 

and over-the-road bus operators can take to increase the security 

of the national railroad and over-the-road bus transportation systems. Such a plan shall also provide outreach to railroad carriers 
H. R. 1—161 

and over-the-road bus operators and their employees to improve 

their awareness of available technologies, ongoing research and 

development efforts, and available Federal funding sources to 

improve security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed 

under this section. 

Subtitle B—Railroad Security 

SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT 

AND NATIONAL STRATEGY. 

(a) RISK ASSESSMENT.—The Secretary shall establish a Federal 

task force, including the Transportation Security Administration 

and other agencies within the Department, the Department of 

Transportation, and other appropriate Federal agencies, to complete, within 6 months of the date of enactment of this Act, a 

nationwide risk assessment of a terrorist attack on railroad carriers. 

The assessment shall include— 

(1) a methodology for conducting the risk assessment, 

including timelines, that addresses how the Department will 

work with the entities described in subsection (c) and make 

use of existing Federal expertise within the Department, the 

Department of Transportation, and other appropriate agencies; 

(2) identification and evaluation of critical assets and infrastructure, including tunnels used by railroad carriers in highthreat urban areas; 

(3) identification of risks to those assets and infrastructure; 

(4) identification of risks that are specific to the transportation of hazardous materials via railroad; 

(5) identification of risks to passenger and cargo security, 

transportation infrastructure protection systems, operations, 

communications systems, and any other area identified by the 

assessment; 

(6) an assessment of employee training and emergency 

response planning; 

(7) an assessment of public and private operational recovery 

plans, taking into account the plans for the maritime sector 

required under section 70103 of title 46, United States Code, 

to expedite, to the maximum extent practicable, the return 

of an adversely affected railroad transportation system or 

facility to its normal performance level after a major terrorist 

attack or other security event on that system or facility; and 

(8) an account of actions taken or planned by both public 

and private entities to address identified railroad security 

issues and an assessment of the effective integration of such 

actions. 

(b) NATIONAL STRATEGY.— 

(1) REQUIREMENT.—Not later than 9 months after the date 

of enactment of this Act and based upon the assessment conducted under subsection (a), the Secretary, consistent with 

and as required by section 114(t) of title 49, United States 

Code, shall develop and implement the modal plan for railroad 

transportation, entitled the ‘‘National Strategy for Railroad 

Transportation Security’’. 
H. R. 1—162 

(2) CONTENTS.—The modal plan shall include prioritized 

goals, actions, objectives, policies, mechanisms, and schedules 

for, at a minimum— 

(A) improving the security of railroad tunnels, railroad 

bridges, railroad switching and car storage areas, other 

railroad infrastructure and facilities, information systems, 

and other areas identified by the Secretary as posing 

significant railroad-related risks to public safety and the 

movement of interstate commerce, taking into account the 

impact that any proposed security measure might have 

on the provision of railroad service or on operations served 

or otherwise affected by railroad service; 

(B) deploying equipment and personnel to detect security threats, including those posed by explosives and hazardous chemical, biological, and radioactive substances, and 

any appropriate countermeasures; 

(C) consistent with section 1517, training railroad 

employees in terrorism prevention, preparedness, passenger evacuation, and response activities; 

(D) conducting public outreach campaigns for railroads 

regarding security, including educational initiatives 

designed to inform the public on how to prevent, prepare 

for, respond to, and recover from a terrorist attack on 

railroad transportation; 

(E) providing additional railroad security support for 

railroads at high or severe threat levels of alert; 

(F) ensuring, in coordination with freight and intercity 

and commuter passenger railroads, the continued movement of freight and passengers in the event of an attack 

affecting the railroad system, including the possibility of 

rerouting traffic due to the loss of critical infrastructure, 

such as a bridge, tunnel, yard, or station; 

(G) coordinating existing and planned railroad security 

initiatives undertaken by the public and private sectors; 

(H) assessing— 

(i) the usefulness of covert testing of railroad security systems; 

(ii) the ability to integrate security into infrastructure design; and 

(iii) the implementation of random searches of passengers and baggage; and 

(I) identifying the immediate and long-term costs of 

measures that may be required to address those risks 

and public and private sector sources to fund such measures. 

(3) RESPONSIBILITIES.—The Secretary shall include in the 

modal plan a description of the roles, responsibilities, and 

authorities of Federal, State, and local agencies, governmentsponsored entities, tribal governments, and appropriate stakeholders described in subsection (c). The plan shall also include— 

(A) the identification of, and a plan to address, gaps 

and unnecessary overlaps in the roles, responsibilities, and 

authorities described in this paragraph; 

(B) a methodology for how the Department will work 

with the entities described in subsection (c), and make 

use of existing Federal expertise within the Department, 
H. R. 1—163 

the Department of Transportation, and other appropriate 

agencies; 

(C) a process for facilitating security clearances for 

the purpose of intelligence and information sharing with 

the entities described in subsection (c), as appropriate; 

(D) a strategy and timeline, coordinated with the 

research and development program established under section 1518, for the Department, the Department of Transportation, other appropriate Federal agencies and private entities to research and develop new technologies for securing 

railroad systems; and 

(E) a process for coordinating existing or future security 

strategies and plans for railroad transportation, including 

the National Infrastructure Protection Plan required by 

Homeland Security Presidential Directive–7; Executive 

Order No. 13416: ‘‘Strengthening Surface Transportation 

Security’’ dated December 5, 2006; the Memorandum of 

Understanding between the Department and the Department of Transportation on Roles and Responsibilities dated 

September 28, 2004, and any and all subsequent annexes 

to this Memorandum of Understanding, and any other 

relevant agreements between the two Departments. 

(c) CONSULTATION WITH STAKEHOLDERS.—In developing the 

National Strategy required under this section, the Secretary shall 

consult with railroad management, nonprofit employee organizations representing railroad employees, owners or lessors of railroad 

cars used to transport hazardous materials, emergency responders, 

offerors of security-sensitive materials, public safety officials, and 

other relevant parties. 

(d) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing the risk assessment and National Strategy required under 

this section, the Secretary shall utilize relevant existing plans, 

strategies, and risk assessments developed by the Department or 

other Federal agencies, including those developed or implemented 

pursuant to section 114(t) of title 49, United States Code, or Homeland Security Presidential Directive–7, and, as appropriate, assessments developed by other public and private stakeholders. 

(e) REPORT.— 

(1) CONTENTS.—Not later than 1 year after the date of 

enactment of this Act, the Secretary shall transmit to the 

appropriate congressional committees a report containing— 

(A) the assessment and the National Strategy required 

by this section; and 

(B) an estimate of the cost to implement the National 

Strategy. 

(2) FORMAT.—The Secretary may submit the report in both 

classified and redacted formats if the Secretary determines 

that such action is appropriate or necessary. 

(f) ANNUAL UPDATES.—Consistent with the requirements of section 114(t) of title 49, United States Code, the Secretary shall 

update the assessment and National Strategy each year and 

transmit a report, which may be submitted in both classified and 

redacted formats, to the appropriate congressional committees containing the updated assessment and recommendations. 

(g) FUNDING.—Out of funds appropriated pursuant to section 

114(w) of title 49, United States Code, as amended by section 
H. R. 1—164 

1503 of this title, there shall be made available to the Secretary 

to carry out this section $5,000,000 for fiscal year 2008. 

SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS. 

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

of enactment of this Act, the Secretary shall issue regulations 

that— 

(1) require each railroad carrier assigned to a high-risk 

tier under this section to— 

(A) conduct a vulnerability assessment in accordance 

with subsections (c) and (d); and 

(B) to prepare, submit to the Secretary for approval, 

and implement a security plan in accordance with this 

section that addresses security performance requirements; 

and 

(2) establish standards and guidelines, based on and consistent with the risk assessment and National Strategy for 

Railroad Transportation Security developed under section 1511, 

for developing and implementing the vulnerability assessments 

and security plans for railroad carriers assigned to high-risk 

tiers. 

(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish 

a security program for railroad carriers not assigned to a highrisk tier, including— 

(1) guidance for such carriers in conducting vulnerability 

assessments and preparing and implementing security plans, 

as determined appropriate by the Secretary; and 

(2) a process to review and approve such assessments and 

plans, as appropriate. 

(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after 

the date of issuance of the regulations under subsection (a), the 

vulnerability assessments and security plans required by such regulations for railroad carriers assigned to a high-risk tier shall be 

completed and submitted to the Secretary for review and approval. 

(d) VULNERABILITY ASSESSMENTS.— 

(1) REQUIREMENTS.—The Secretary shall provide technical 

assistance and guidance to railroad carriers in conducting 

vulnerability assessments under this section and shall require 

that each vulnerability assessment of a railroad carrier assigned 

to a high-risk tier under this section, include, as applicable— 

(A) identification and evaluation of critical railroad 

carrier assets and infrastructure, including platforms, stations, intermodal terminals, tunnels, bridges, switching and 

storage areas, and information systems as appropriate; 

(B) identification of the vulnerabilities to those assets 

and infrastructure; 

(C) identification of strengths and weaknesses in— 

(i) physical security; 

(ii) passenger and cargo security, including the 

security of security-sensitive materials being transported by railroad or stored on railroad property; 

(iii) programmable electronic devices, computers, 

or other automated systems which are used in providing the transportation; 

(iv) alarms, cameras, and other protection systems; 
H. R. 1—165 

(v) communications systems and utilities needed 

for railroad security purposes, including dispatching 

and notification systems; 

(vi) emergency response planning; 

(vii) employee training; and 

(viii) such other matters as the Secretary determines appropriate; and 

(D) identification of redundant and backup systems 

required to ensure the continued operation of critical elements of a railroad carrier’s system in the event of an 

attack or other incident, including disruption of commercial 

electric power or communications network. 

(2) THREAT INFORMATION.—The Secretary shall provide in 

a timely manner to the appropriate employees of a railroad 

carrier, as designated by the railroad carrier, threat information 

that is relevant to the carrier when preparing and submitting 

a vulnerability assessment and security plan, including an 

assessment of the most likely methods that could be used 

by terrorists to exploit weaknesses in railroad security. 

(e) SECURITY PLANS.— 

(1) REQUIREMENTS.—The Secretary shall provide technical 

assistance and guidance to railroad carriers in preparing and 

implementing security plans under this section, and shall 

require that each security plan of a railroad carrier assigned 

to a high-risk tier under this section include, as applicable— 

(A) identification of a security coordinator having 

authority— 

(i) to implement security actions under the plan; 

(ii) to coordinate security improvements; and 

(iii) to receive immediate communications from 

appropriate Federal officials regarding railroad security; 

(B) a list of needed capital and operational improvements; 

(C) procedures to be implemented or used by the railroad carrier in response to a terrorist attack, including 

evacuation and passenger communication plans that 

include individuals with disabilities as appropriate; 

(D) identification of steps taken with State and local 

law enforcement agencies, emergency responders, and Federal officials to coordinate security measures and plans 

for response to a terrorist attack; 

(E) a strategy and timeline for conducting training 

under section 1517; 

(F) enhanced security measures to be taken by the 

railroad carrier when the Secretary declares a period of 

heightened security risk; 

(G) plans for providing redundant and backup systems 

required to ensure the continued operation of critical elements of the railroad carrier’s system in the event of a 

terrorist attack or other incident; 

(H) a strategy for implementing enhanced security for 

shipments of security-sensitive materials, including plans 

for quickly locating and securing such shipments in the 

event of a terrorist attack or security incident; and 
H. R. 1—166 

(I) such other actions or procedures as the Secretary 

determines are appropriate to address the security of railroad carriers. 

(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary 

shall require that the individual serving as the security coordinator identified in paragraph (1)(A) is a citizen of the United 

States. The Secretary may waive this requirement with respect 

to an individual if the Secretary determines that it is appropriate to do so based on a background check of the individual 

and a review of the consolidated terrorist watchlist. 

(3) CONSISTENCY WITH OTHER PLANS.—The Secretary shall 

ensure that the security plans developed by railroad carriers 

under this section are consistent with the risk assessment 

and National Strategy for Railroad Transportation Security 

developed under section 1511. 

(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months 

after receiving the assessments and plans required under this section, the Secretary shall— 

(1) review each vulnerability assessment and security plan 

submitted to the Secretary in accordance with subsection (c); 

(2) require amendments to any security plan that does 

not meet the requirements of this section; and 

(3) approve any vulnerability assessment or security plan 

that meets the requirements of this section. 

(g) INTERIM SECURITY MEASURES.—The Secretary may require 

railroad carriers, during the period before the deadline established 

under subsection (c), to submit a security plan under subsection 

(e) to implement any necessary interim security measures essential 

to providing adequate security of the railroad carrier’s system. 

An interim plan required under this subsection will be superseded 

by a plan required under subsection (e). 

(h) TIER ASSIGNMENT.—Utilizing the risk assessment and 

National Strategy for Railroad Transportation Security required 

under section 1511, the Secretary shall assign each railroad carrier 

to a risk-based tier established by the Secretary: 

(1) PROVISION OF INFORMATION.—The Secretary may 

request, and a railroad carrier shall provide, information necessary for the Secretary to assign a railroad carrier to the 

appropriate tier under this subsection. 

(2) NOTIFICATION.—Not later than 60 days after the date 

a railroad carrier is assigned to a tier under this subsection, 

the Secretary shall notify the railroad carrier of the tier to 

which it is assigned and the reasons for such assignment. 

(3) HIGH-RISK TIERS.—At least one of the tiers established 

by the Secretary under this subsection shall be designated 

a tier for high-risk railroad carriers. 

(4) REASSIGNMENT.—The Secretary may reassign a railroad 

carrier to another tier, as appropriate, in response to changes 

in risk. The Secretary shall notify the railroad carrier not 

later than 60 days after such reassignment and provide the 

railroad carrier with the reasons for such reassignment. 

(i) NONDISCLOSURE OF INFORMATION.— 

(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 

in this section shall be construed as authorizing the withholding 

of any information from Congress. 

(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section shall be construed as affecting 
H. R. 1—167 

any authority or obligation of a Federal agency to disclose 

any record or information that the Federal agency obtains 

from a railroad carrier under any other Federal law. 

(j) EXISTING PROCEDURES, PROTOCOLS AND STANDARDS.— 

(1) DETERMINATION.—In response to a petition by a railroad 

carrier or at the discretion of the Secretary, the Secretary 

may determine that existing procedures, protocols, and standards meet all or part of the requirements of this section, 

including regulations issued under subsection (a), regarding 

vulnerability assessments and security plans. 

(2) ELECTION.—Upon review and written determination by 

the Secretary that existing procedures, protocols, or standards 

of a railroad carrier satisfy the requirements of this section, 

the railroad carrier may elect to comply with those procedures, 

protocols, or standards instead of the requirements of this 

section. 

(3) PARTIAL APPROVAL.—If the Secretary determines that 

the existing procedures, protocols, or standards of a railroad 

carrier satisfy only part of the requirements of this section, 

the Secretary may accept such submission, but shall require 

submission by the railroad carrier of any additional information 

relevant to the vulnerability assessment and security plan of 

the railroad carrier to ensure that the remaining requirements 

of this section are fulfilled. 

(4) NOTIFICATION.—If the Secretary determines that particular existing procedures, protocols, or standards of a railroad 

carrier under this subsection do not satisfy the requirements 

of this section, the Secretary shall provide to the railroad carrier 

a written notification that includes an explanation of the determination. 

(5) REVIEW.—Nothing in this subsection shall relieve the 

Secretary of the obligation— 

(A) to review the vulnerability assessment and security 

plan submitted by a railroad carrier under this section; 

and 

(B) to approve or disapprove each submission on an 

individual basis. 

(k) PERIODIC EVALUATION BY RAILROAD CARRIERS REQUIRED.— 

(1) SUBMISSION OF EVALUATION.—Not later than 3 years 

after the date on which a vulnerability assessment or security 

plan required to be submitted to the Secretary under subsection 

(c) is approved, and at least once every 5 years thereafter 

(or on such a schedule as the Secretary may establish by 

regulation), a railroad carrier who submitted a vulnerability 

assessment and security plan and who is still assigned to 

the high-risk tier must also submit to the Secretary an evaluation of the adequacy of the vulnerability assessment and security plan that includes a description of any material changes 

made to the vulnerability assessment or security plan. 

(2) REVIEW OF EVALUATION.—Not later than 180 days after 

the date on which an evaluation is submitted, the Secretary 

shall review the evaluation and notify the railroad carrier 

submitting the evaluation of the Secretary’s approval or disapproval of the evaluation. 

(l) SHARED FACILITIES.—The Secretary may permit under this 

section the development and implementation of coordinated vulnerability assessments and security plans to the extent that a railroad 
H. R. 1—168 

carrier shares facilities with, or is colocated with, other transportation entities or providers that are required to develop vulnerability 

assessments and security plans under Federal law. 

(m) CONSULTATION.—In carrying out this section, the Secretary 

shall consult with railroad carriers, nonprofit employee labor 

organizations representation railroad employees, and public safety 

and law enforcement officials. 

SEC. 1513. RAILROAD SECURITY ASSISTANCE. 

(a) SECURITY IMPROVEMENT GRANTS.—(1) The Secretary, in consultation with the Administrator of the Transportation Security 

Administration and other appropriate agencies or officials, is 

authorized to make grants to railroad carriers, the Alaska Railroad, 

security-sensitive materials offerors who ship by railroad, owners 

of railroad cars used in the transportation of security-sensitive 

materials, State and local governments (for railroad passenger facilities and infrastructure not owned by Amtrak), and Amtrak for 

intercity passenger railroad and freight railroad security improvements described in subsection (b) as approved by the Secretary. 

(2) A railroad carrier is eligible for a grant under this section 

if the carrier has completed a vulnerability assessment and developed a security plan that the Secretary has approved in accordance 

with section 1512. 

(3) A recipient of a grant under this section may use grant 

funds only for permissible uses under subsection (b) to further 

a railroad security plan that meets the requirements of paragraph 

(2). 

(4) Notwithstanding the requirement for eligibility and uses 

of funds in paragraphs (2) and (3), a railroad carrier is eligible 

for a grant under this section if the applicant uses the funds 

solely for the development of assessments or security plans under 

section 1512. 

(5) Notwithstanding the requirements for eligibility and uses 

of funds in paragraphs (2) and (3), prior to the earlier of 1 year 

after the date of issuance of final regulations requiring vulnerability 

assessments and security plans under section 1512 or 3 years 

after the date of enactment of this Act, the Secretary may award 

grants under this section for rail security improvements listed under 

subsection (b) based upon railroad carrier vulnerability assessments 

and security plans that the Secretary determines are sufficient 

for the purposes of this section but have not been approved by 

the Secretary in accordance with section 1512. 

(b) USES OF FUNDS.—A recipient of a grant under this section 

shall use the grant funds for one or more of the following: 

(1) Security and redundancy for critical communications, 

computer, and train control systems essential for secure railroad operations. 

(2) Accommodation of railroad cargo or passenger security 

inspection facilities, related infrastructure, and operations at 

or near United States international borders or other ports 

of entry. 

(3) The security of security-sensitive materials transportation by railroad. 

(4) Chemical, biological, radiological, or explosive detection, 

including canine patrols for such detection. 
H. R. 1—169 

(5) The security of intercity passenger railroad stations, 

trains, and infrastructure, including security capital improvement projects that the Secretary determines enhance railroad 

station security. 

(6) Technologies to reduce the vulnerabilities of railroad 

cars, including structural modification of railroad cars transporting security-sensitive materials to improve their resistance 

to acts of terrorism. 

(7) The sharing of intelligence and information about security threats. 

(8) To obtain train tracking and communications equipment, including equipment that is interoperable with Federal, 

State, and local agencies and tribal governments. 

(9) To hire, train, and employ police and security officers, 

including canine units, assigned to full-time security or 

counterterrorism duties related to railroad transportation. 

(10) Overtime reimbursement, including reimbursement of 

State, local, and tribal governments for costs, for enhanced 

security personnel assigned to duties related to railroad security 

during periods of high or severe threat levels and National 

Special Security Events or other periods of heightened security 

as determined by the Secretary. 

(11) Perimeter protection systems, including access control, 

installation of improved lighting, fencing, and barricades at 

railroad facilities. 

(12) Tunnel protection systems. 

(13) Passenger evacuation and evacuation-related capital 

improvements. 

(14) Railroad security inspection technologies, including 

verified visual inspection technologies using hand-held readers. 

(15) Surveillance equipment. 

(16) Cargo or passenger screening equipment. 

(17) Emergency response equipment, including fire suppression and decontamination equipment, personal protective equipment, and defibrillators. 

(18) Operating and capital costs associated with security 

awareness, preparedness, and response training, including 

training under section 1517, and training developed by universities, institutions of higher education, and nonprofit employee 

labor organizations, for railroad employees, including frontline 

employees. 

(19) Live or simulated exercises, including exercises 

described in section 1516. 

(20) Public awareness campaigns for enhanced railroad 

security. 

(21) Development of assessments or security plans under 

section 1512. 

(22) Other security improvements— 

(A) identified, required, or recommended under sections 

1511 and 1512, including infrastructure, facilities, and 

equipment upgrades; or 

(B) that the Secretary considers appropriate. 

(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— 

In carrying out the responsibilities under subsection (a), the Secretary shall— 

(1) determine the requirements for recipients of grants; 

(2) establish priorities for uses of funds for grant recipients; 
H. R. 1—170 

(3) award the funds authorized by this section based on 

risk, as identified by the plans required under sections 1511 

and 1512, or assessment or plan described in subsection (a)(5); 

(4) take into account whether stations or facilities are 

used by commuter railroad passengers as well as intercity 

railroad passengers in reviewing grant applications; 

(5) encourage non-Federal financial participation in projects 

funded by grants; and 

(6) not later than 5 business days after awarding a grant 

to Amtrak under this section, transfer grant funds to the Secretary of Transportation to be disbursed to Amtrak. 

(d) MULTIYEAR AWARDS.—Grant funds awarded under this section may be awarded for projects that span multiple years. 

(e) LIMITATION ON USES OF FUNDS.—A grant made under this 

section may not be used to make any State or local government 

cost-sharing contribution under any other Federal law. 

(f) ANNUAL REPORTS.—Each recipient of a grant under this 

section shall report annually to the Secretary on the use of grant 

funds. 

(g) NON-FEDERAL MATCH STUDY.—Not later than 240 days 

after the date of enactment of this Act, the Secretary shall provide 

a report to the appropriate congressional committees on the feasibility and appropriateness of requiring a non-Federal match for 

grants awarded to freight railroad carriers and other private entities 

under this section. 

(h) SUBJECT TO CERTAIN STANDARDS.—A recipient of a grant 

under this section and sections 1514 and 1515 shall be required 

to comply with the standards of section 24312 of title 49, United 

States Code, as in effect on January 1, 2007, with respect to 

the project in the same manner as Amtrak is required to comply 

with such standards for construction work financed under an agreement made under section 24308(a) of that title. 

(i) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Out of funds appropriated pursuant to 

section 114(w) of title 49, United States Code, as amended 

by section 1503 of this title, there shall be made available 

to the Secretary to carry out this section— (A) $300,000,000 for fiscal year 2008; 

(B) $300,000,000 for fiscal year 2009; 

(C) $300,000,000 for fiscal year 2010; and 

(D) $300,000,000 for fiscal year 2011. 

(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 

out this section shall remain available until expended. 

SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 

(a) IN GENERAL.— 

(1) GRANTS.—Subject to subsection (b), the Secretary, in 

consultation with the Administrator of the Transportation Security Administration, is authorized to make grants to Amtrak 

in accordance with the provisions of this section. 

(2) GENERAL PURPOSES.—The Secretary may make such 

grants for the purposes of— 

(A) protecting underwater and underground assets and 

systems; 

(B) protecting high-risk and high-consequence assets 

identified through systemwide risk assessments; 

(C) providing counterterrorism or security training; 
H. R. 1—171 

(D) providing both visible and unpredictable deterrence; and 

(E) conducting emergency preparedness drills and exercises. 

(3) SPECIFIC PROJECTS.—The Secretary shall make such 

grants— 

(A) to secure major tunnel access points and ensure 

tunnel integrity in New York, New Jersey, Maryland, and 

Washington, DC; 

(B) to secure Amtrak trains; 

(C) to secure Amtrak stations; 

(D) to obtain a watchlist identification system approved 

by the Secretary; 

(E) to obtain train tracking and interoperable communications systems that are coordinated with Federal, State, 

and local agencies and tribal governments to the maximum 

extent possible; 

(F) to hire, train, and employ police and security officers, including canine units, assigned to full-time security 

or counterterrorism duties related to railroad transportation; 

(G) for operating and capital costs associated with security awareness, preparedness, and response training, 

including training under section 1517, and training developed by universities, institutions of higher education, and 

nonprofit employee labor organizations, for railroad 

employees, including frontline employees; and 

(H) for live or simulated exercises, including exercises 

described in section 1516. 

(b) CONDITIONS.—The Secretary shall award grants to Amtrak 

under this section for projects contained in a systemwide security 

plan approved by the Secretary developed pursuant to section 1512. 

Not later than 5 business days after awarding a grant to Amtrak 

under this section, the Secretary shall transfer the grant funds 

to the Secretary of Transportation to be disbursed to Amtrak. 

(c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Secretary shall 

ensure that, subject to meeting the highest security needs on 

Amtrak’s entire system and consistent with the risk assessment 

required under section 1511 and Amtrak’s vulnerability assessment 

and security plan developed under section 1512, stations and facilities located outside of the Northeast Corridor receive an equitable 

share of the security funds authorized by this section. 

(d) AVAILABILITY OF FUNDS.— 

(1) IN GENERAL.—Out of funds appropriated pursuant to 

section 114(w) of title 49, United States Code, as amended 

by section 1503 of this title, there shall be made available 

to the Secretary and the Administrator of the Transportation 

Security Administration to carry out this section— 

(A) $150,000,000 for fiscal year 2008; 

(B) $150,000,000 for fiscal year 2009; 

(C) $175,000,000 for fiscal year 2010; and 

(D) $175,000,000 for fiscal year 2011. 

(2) AVAILABILITY OF APPROPRIATED FUNDS.—Amounts 

appropriated pursuant to paragraph (1) shall remain available 

until expended. 
H. R. 1—172 

SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS. 

(a) LIFE-SAFETY NEEDS.—There are authorized to be appropriated to the Secretary of Transportation for making grants to 

Amtrak for the purpose of carrying out projects to make fire and 

life safety improvements to Amtrak tunnels on the Northeast Corridor the following amounts: 

(1) For the 6 New York and New Jersey tunnels to provide 

ventilation, electrical, and fire safety technology improvements, 

emergency communication and lighting systems, and emergency 

access and egress for passengers— (A) $25,000,000 for fiscal year 2008; 

(B) $30,000,000 for fiscal year 2009; 

(C) $45,000,000 for fiscal year 2010; and 

(D) $60,000,000 for fiscal year 2011. 

(2) For the Baltimore Potomac Tunnel and the Union 

Tunnel, together, to provide adequate drainage and ventilation, 

communication, lighting, standpipe, and passenger egress 

improvements— (A) $5,000,000 for fiscal year 2008; 

(B) $5,000,000 for fiscal year 2009; 

(C) $5,000,000 for fiscal year 2010; and 

(D) $5,000,000 for fiscal year 2011. 

(3) For the Union Station tunnels in the District of 

Columbia to improve ventilation, communication, lighting, and 

passenger egress improvements— 

(A) $5,000,000 for fiscal year 2008; 

(B) $5,000,000 for fiscal year 2009; 

(C) $5,000,000 for fiscal year 2010; and 

(D) $5,000,000 for fiscal year 2011. 

(b) INFRASTRUCTURE UPGRADES.—Out of funds appropriated 

pursuant to section 1503(b), there shall be made available to the 

Secretary of Transportation for fiscal year 2008, $3,000,000 for 

the preliminary design of options for a new tunnel on a different 

alignment to augment the capacity of the existing Baltimore tunnels. 

(c) AVAILABILITY OF AMOUNTS.—Amounts appropriated pursuant to this section shall remain available until expended. 

(d) PLANS REQUIRED.—The Secretary of Transportation may 

not make amounts available to Amtrak for obligation or expenditure 

under subsection (a)— 

(1) until Amtrak has submitted to the Secretary of 

Transportation, and the Secretary of Transportation has 

approved, an engineering and financial plan for such projects; 

and 

(2) unless, for each project funded pursuant to this section, 

the Secretary of Transportation has approved a project management plan prepared by Amtrak. 

(e) REVIEW OF PLANS.— (1) IN GENERAL.—The Secretary of Transportation shall 

complete the review of a plan required under subsection (d) 

and approve or disapprove the plan within 45 days after the 

date on which each such plan is submitted by Amtrak. 

(2) INCOMPLETE OR DEFICIENT PLAN.—If the Secretary of 

Transportation determines that a plan is incomplete or deficient, the Secretary of Transportation shall notify Amtrak of 

the incomplete items or deficiencies and Amtrak shall, within 

30 days after receiving the Secretary of Transportation’s 
H. R. 1—173 

notification, submit a modified plan for the Secretary of 

Transportation’s review. 

(3) APPROVAL OF PLAN.—Within 15 days after receiving 

additional information on items previously included in the plan, 

and within 45 days after receiving items newly included in 

a modified plan, the Secretary of Transportation shall either 

approve the modified plan, or if the Secretary of Transportation 

finds the plan is still incomplete or deficient, the Secretary 

of Transportation shall— 

(A) identify in writing to the appropriate congressional 

committees the portions of the plan the Secretary finds 

incomplete or deficient; 

(B) approve all other portions of the plan; 

(C) obligate the funds associated with those portions; 

and 

(D) execute an agreement with Amtrak within 15 days 

thereafter on a process for resolving the remaining portions 

of the plan. 

(f) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL USERS.— 

The Secretary of Transportation, taking into account the need for 

the timely completion of all portions of the tunnel projects described 

in subsection (a), shall— 

(1) consider the extent to which railroad carriers other 

than Amtrak use or plan to use the tunnels; 

(2) consider the feasibility of seeking a financial contribution from those other railroad carriers toward the costs of 

the projects; and 

(3) obtain financial contributions or commitments from such 

other railroad carriers at levels reflecting the extent of their 

use or planned use of the tunnels, if feasible. 

SEC. 1516. RAILROAD CARRIER EXERCISES. 

(a) IN GENERAL.—The Secretary shall establish a program for 

conducting security exercises for railroad carriers for the purpose 

of assessing and improving the capabilities of entities described 

in subsection (b) to prevent, prepare for, mitigate, respond to, 

and recover from acts of terrorism. 

(b) COVERED ENTITIES.—Entities to be assessed under the program shall include— 

(1) Federal, State, and local agencies and tribal governments; 

(2) railroad carriers; 

(3) governmental and nongovernmental emergency 

response providers, law enforcement agencies, and railroad and 

transit police, as appropriate; and 

(4) any other organization or entity that the Secretary 

determines appropriate. 

(c) REQUIREMENTS.—The Secretary shall ensure that the program— 

(1) consolidates existing security exercises for railroad carriers administered by the Department and the Department 

of Transportation, as jointly determined by the Secretary and 

the Secretary of Transportation, unless the Secretary waives 

this consolidation requirement as appropriate; 

(2) consists of exercises that are— 
H. R. 1—174 

(A) scaled and tailored to the needs of the carrier, 

including addressing the needs of the elderly and individuals with disabilities; 

(B) live, in the case of the most at-risk facilities to 

a terrorist attack; 

(C) coordinated with appropriate officials; 

(D) as realistic as practicable and based on current 

risk assessments, including credible threats, 

vulnerabilities, and consequences; 

(E) inclusive, as appropriate, of railroad frontline 

employees; and 

(F) consistent with the National Incident Management 

System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such 

national initiatives; 

(3) provides that exercises described in paragraph (2) will 

be— 

(A) evaluated by the Secretary against clear and consistent performance measures; 

(B) assessed by the Secretary to identify best practices, 

which shall be shared, as appropriate, with railroad carriers, nonprofit employee organizations that represent railroad carrier employees, Federal, State, local, and tribal 

officials, governmental and nongovernmental emergency 

response providers, law enforcement personnel, including 

railroad carrier and transit police, and other stakeholders; 

and 

(C) used to develop recommendations, as appropriate, 

from the Secretary to railroad carriers on remedial action 

to be taken in response to lessons learned; 

(4) allows for proper advanced notification of communities 

and local governments in which exercises are held, as appropriate; and 

(5) assists State, local, and tribal governments and railroad 

carriers in designing, implementing, and evaluating additional 

exercises that conform to the requirements of paragraph (1). 

(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure 

that the exercise program developed under subsection (c) is a component of the National Exercise Program established under section 

648 of the Post Katrina Emergency Management Reform Act (Public 

Law 109–295; 6 U.S.C. 748). 

SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM. 

(a) IN GENERAL.—Not later than 6 months after the date of 

enactment of this Act, the Secretary shall develop and issue regulations for a training program to prepare railroad frontline employees 

for potential security threats and conditions. The regulations shall 

take into consideration any current security training requirements 

or best practices. 

(b) CONSULTATION.—The Secretary shall develop the regulations 

under subsection (a) in consultation with— 

(1) appropriate law enforcement, fire service, emergency 

response, security, and terrorism experts; 

(2) railroad carriers; 

(3) railroad shippers; and 
H. R. 1—175 

(4) nonprofit employee labor organizations representing 

railroad employees or emergency response personnel. 

(c) PROGRAM ELEMENTS.—The regulations developed under subsection (a) shall require security training programs described in 

subsection (a) to include, at a minimum, elements to address the 

following, as applicable: 

(1) Determination of the seriousness of any occurrence or 

threat. 

(2) Crew and passenger communication and coordination. 

(3) Appropriate responses to defend or protect oneself. 

(4) Use of personal and other protective equipment. 

(5) Evacuation procedures for passengers and railroad 

employees, including individuals with disabilities and the 

elderly. 

(6) Psychology, behavior, and methods of terrorists, 

including observation and analysis. 

(7) Training related to psychological responses to terrorist 

incidents, including the ability to cope with hijacker behavior 

and passenger responses. 

(8) Live situational training exercises regarding various 

threat conditions, including tunnel evacuation procedures. 

(9) Recognition and reporting of dangerous substances, suspicious packages, and situations. 

(10) Understanding security incident procedures, including 

procedures for communicating with governmental and nongovernmental emergency response providers and for on-scene 

interaction with such emergency response providers. 

(11) Operation and maintenance of security equipment and 

systems. 

(12) Other security training activities that the Secretary 

considers appropriate. 

(d) REQUIRED PROGRAMS.— (1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not 

later than 90 days after the Secretary issues regulations under 

subsection (a), each railroad carrier shall develop a security 

training program in accordance with this section and submit 

the program to the Secretary for approval. 

(2) APPROVAL OR DISAPPROVAL.—Not later than 60 days 

after receiving a security training program proposal under this 

subsection, the Secretary shall approve the program or require 

the railroad carrier that developed the program to make any 

revisions to the program that the Secretary considers necessary 

for the program to meet the requirements of this section. A 

railroad carrier shall respond to the Secretary’s comments 

within 30 days after receiving them. 

(3) TRAINING.—Not later than 1 year after the Secretary 

approves a security training program in accordance with this 

subsection, the railroad carrier that developed the program 

shall complete the training of all railroad frontline employees 

who were hired by a carrier more than 30 days preceding 

such date. For such employees employed less than 30 days 

by a carrier preceding such date, training shall be completed 

within the first 60 days of employment. 

(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.— The Secretary shall periodically review and update as appropriate the training regulations issued under subsection (a) to 

reflect new or changing security threats. Each railroad carrier 
H. R. 1—176 

shall revise its training program accordingly and provide additional training as necessary to its frontline employees within 

a reasonable time after the regulations are updated. 

(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure 

that the training program developed under subsection (a) is a 

component of the National Training Program established under 

section 648 of the Post Katrina Emergency Management Reform 

Act (Public Law 109–295; 6 U.S.C. 748). 

(f) REPORTING REQUIREMENTS.—Not later than 2 years after 

the date of regulation issuance, the Secretary shall review 

implementation of the training program of a representative sample 

of railroad carriers and railroad frontline employees, and report 

to the appropriate congressional committees on the number of 

reviews conducted and the results of such reviews. The Secretary 

may submit the report in both classified and redacted formats 

as necessary. 

(g) OTHER EMPLOYEES.—The Secretary shall issue guidance 

and best practices for a railroad shipper employee security program 

containing the elements listed under subsection (c). 

SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT. 

(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PRO- GRAM.—The Secretary, acting through the Under Secretary for 

Science and Technology and the Administrator of the Transportation 

Security Administration, shall carry out a research and development 

program for the purpose of improving the security of railroad 

transportation systems. 

(b) ELIGIBLE PROJECTS.—The research and development program may include projects— 

(1) to reduce the vulnerability of passenger trains, stations, 

and equipment to explosives and hazardous chemical, biological, 

and radioactive substances, including the development of technology to screen passengers in large numbers at peak commuting times with minimal interference and disruption; 

(2) to test new emergency response and recovery techniques 

and technologies, including those used at international borders; 

(3) to develop improved railroad security technologies, 

including— 

(A) technologies for sealing or modifying railroad tank 

cars; 

(B) automatic inspection of railroad cars; 

(C) communication-based train control systems; 

(D) emergency response training, including training 

in a tunnel environment; 

(E) security and redundancy for critical communications, electrical power, computer, and train control systems; 

and 

(F) technologies for securing bridges and tunnels; 

(4) to test wayside detectors that can detect tampering; 

(5) to support enhanced security for the transportation 

of security-sensitive materials by railroad; 

(6) to mitigate damages in the event of a cyber attack; 

and 

(7) to address other vulnerabilities and risks identified 

by the Secretary. 

(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The 

Secretary— 
H. R. 1—177 

(1) shall ensure that the research and development program 

is consistent with the National Strategy for Railroad Transportation Security developed under section 1511 and any other 

transportation security research and development programs 

required by this Act; 

(2) shall, to the extent practicable, coordinate the research 

and development activities of the Department with other 

ongoing research and development security-related initiatives, 

including research being conducted by— 

(A) the Department of Transportation, including 

University Transportation Centers and other institutes, 

centers, and simulators funded by the Department of 

Transportation; 

(B) the National Academy of Sciences; 

(C) the Technical Support Working Group; 

(D) other Federal departments and agencies; and 

(E) other Federal and private research laboratories, 

research entities, and universities and institutions of 

higher education, including Historically Black Colleges and 

Universities, Hispanic Serving Institutions, or Indian Tribally Controlled Colleges and Universities; 

(3) shall carry out any research and development project 

authorized by this section through a reimbursable agreement 

with an appropriate Federal agency, if the agency— 

(A) is currently sponsoring a research and development 

project in a similar area; or 

(B) has a unique facility or capability that would be 

useful in carrying out the project; 

(4) may award grants, or enter into cooperative agreements, 

contracts, other transactions, or reimbursable agreements to 

the entities described in paragraph (2) and the eligible grant 

recipients under section 1513; and 

(5) shall make reasonable efforts to enter into memoranda 

of understanding, contracts, grants, cooperative agreements, 

or other transactions with railroad carriers willing to contribute 

both physical space and other resources. 

(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 

(1) CONSULTATION.—In carrying out research and development projects under this section, the Secretary shall consult 

with the Chief Privacy Officer of the Department and the 

Officer for Civil Rights and Civil Liberties of the Department 

as appropriate and in accordance with section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142). 

(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002 (6 

U.S.C. 142; 345), the Chief Privacy Officer shall conduct privacy 

impact assessments and the Officer for Civil Rights and Civil 

Liberties shall conduct reviews, as appropriate, for research 

and development initiatives developed under this section that 

the Secretary determines could have an impact on privacy, 

civil rights, or civil liberties. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—Out of funds appropriated pursuant to 

section 114(w) of title 49, United States Code, as amended 

by section 1503, there shall be made available to the Secretary 

to carry out this section— 

(A) $33,000,000 for fiscal year 2008; 
H. R. 1—178 

(B) $33,000,000 for fiscal year 2009; 

(C) $33,000,000 for fiscal year 2010; and 

(D) $33,000,000 for fiscal year 2011. 

(2) PERIOD OF AVAILABILITY.—Such sums shall remain 

available until expended. 

SEC. 1519. RAILROAD TANK CAR SECURITY TESTING. 

(a) RAILROAD TANK CAR VULNERABILITY ASSESSMENT.— 

(1) ASSESSMENT.—The Secretary shall assess the likely 

methods of a deliberate terrorist attack against a railroad tank 

car used to transport toxic-inhalation-hazard materials, and 

for each method assessed, the degree to which it may be successful in causing death, injury, or serious adverse effects to human 

health, the environment, critical infrastructure, national security, the national economy, or public welfare. 

(2) THREATS.—In carrying out paragraph (1), the Secretary 

shall consider the most current threat information as to likely 

methods of a successful terrorist attack on a railroad tank 

car transporting toxic-inhalation-hazard materials, and may 

consider the following: 

(A) Explosive devices placed along the tracks or 

attached to a railroad tank car. 

(B) The use of missiles, grenades, rockets, mortars, 

or other high-caliber weapons against a railroad tank car. 

(3) PHYSICAL TESTING.—In developing the assessment 

required under paragraph (1), the Secretary shall conduct physical testing of the vulnerability of railroad tank cars used 

to transport toxic-inhalation-hazard materials to different 

methods of a deliberate attack, using technical information 

and criteria to evaluate the structural integrity of railroad 

tank cars. 

(4) REPORT.—Not later than 30 days after the completion 

of the assessment under paragraph (1), the Secretary shall 

provide to the appropriate congressional committees a report, 

in the appropriate format, on such assessment. 

(b) RAILROAD TANK CAR DISPERSION MODELING.— 

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

National Infrastructure Simulation and Analysis Center, shall 

conduct an air dispersion modeling analysis of release scenarios 

of toxic-inhalation-hazard materials resulting from a terrorist 

attack on a loaded railroad tank car carrying such materials 

in urban and rural environments. 

(2) CONSIDERATIONS.—The analysis under this subsection 

shall take into account the following considerations: 

(A) The most likely means of attack and the resulting 

dispersal rate. 

(B) Different times of day, to account for differences 

in cloud coverage and other atmospheric conditions in the 

environment being modeled. 

(C) Differences in population size and density. 

(D) Historically accurate wind speeds, temperatures, 

and wind directions. 

(E) Differences in dispersal rates or other relevant 

factors related to whether a railroad tank car is in motion 

or stationary. 

(F) Emergency response procedures by local officials. 
H. R. 1—179 

(G) Any other considerations the Secretary believes 

would develop an accurate, plausible dispersion model for 

toxic-inhalation-hazard materials released from a railroad 

tank car as a result of a terrorist act. 

(3) CONSULTATION.—In conducting the dispersion modeling 

under paragraph (1), the Secretary shall consult with the Secretary of Transportation, hazardous materials experts, railroad 

carriers, nonprofit employee labor organizations representing 

railroad employees, appropriate State, local, and tribal officials, 

and other Federal agencies, as appropriate. 

(4) INFORMATION SHARING.—Upon completion of the analysis required under paragraph (1), the Secretary shall share 

the information developed with the appropriate stakeholders, 

given appropriate information protection provisions as may be 

required by the Secretary. 

(5) REPORT.—Not later than 30 days after completion of 

all dispersion analyses under paragraph (1), the Secretary shall 

submit to the appropriate congressional committees a report 

detailing the Secretary’s conclusions and findings in an appropriate format. 

SEC. 1520. RAILROAD THREAT ASSESSMENTS. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary shall complete a name-based security background 

check against the consolidated terrorist watchlist and an immigration status check for all railroad frontline employees, similar to 

the threat assessment screening program required for facility 

employees and longshoremen by the Commandant of the Coast 

Guard under Coast Guard Notice USCG–2006–24189 (71 Fed. Reg. 

25066 (April 8, 2006)). 

SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS. 

Section 20109 of title 49, United States Code, is amended 

to read: 

‘‘SEC. 20109. EMPLOYEE PROTECTIONS. 

‘‘(a) IN GENERAL.—A railroad carrier engaged in interstate or 

foreign commerce, a contractor or a subcontractor of such a railroad 

carrier, or an officer or employee of such a railroad carrier, may 

not discharge, demote, suspend, reprimand, or in any other way 

discriminate against an employee if such discrimination is due, 

in whole or in part, to the employee’s lawful, good faith act done, 

or perceived by the employer to have been done or about to be 

done— 

‘‘(1) to provide information, directly cause information to 

be provided, or otherwise directly assist in any investigation 

regarding any conduct which the employee reasonably believes 

constitutes a violation of any Federal law, rule, or regulation 

relating to railroad safety or security, or gross fraud, waste, 

or abuse of Federal grants or other public funds intended 

to be used for railroad safety or security, if the information 

or assistance is provided to or an investigation stemming from 

the provided information is conducted by— 

‘‘(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General 

under the Inspector General Act of 1978 (5 U.S.C. App.; 

Public Law 95–452); 
H. R. 1—180 

‘‘(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or 

‘‘(C) a person with supervisory authority over the 

employee or such other person who has the authority to 

investigate, discover, or terminate the misconduct; 

‘‘(2) to refuse to violate or assist in the violation of any 

Federal law, rule, or regulation relating to railroad safety or 

security; 

‘‘(3) to file a complaint, or directly cause to be brought 

a proceeding related to the enforcement of this part or, as 

applicable to railroad safety or security, chapter 51 or 57 of 

this title, or to testify in that proceeding; 

‘‘(4) to notify, or attempt to notify, the railroad carrier 

or the Secretary of Transportation of a work-related personal 

injury or work-related illness of an employee; 

‘‘(5) to cooperate with a safety or security investigation 

by the Secretary of Transportation, the Secretary of Homeland 

Security, or the National Transportation Safety Board; 

‘‘(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National 

Transportation Safety Board, or any Federal, State, or local 

regulatory or law enforcement agency as to the facts relating 

to any accident or incident resulting in injury or death to 

an individual or damage to property occurring in connection 

with railroad transportation; or 

‘‘(7) to accurately report hours on duty pursuant to chapter 

211. 

‘‘(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A railroad carrier engaged in interstate or foreign commerce, or an officer 

or employee of such a railroad carrier, shall not discharge, demote, 

suspend, reprimand, or in any other way discriminate against an 

employee for— 

‘‘(A) reporting, in good faith, a hazardous safety or security 

condition; 

‘‘(B) refusing to work when confronted by a hazardous 

safety or security condition related to the performance of the 

employee’s duties, if the conditions described in paragraph (2) 

exist; or 

‘‘(C) refusing to authorize the use of any safety-related 

equipment, track, or structures, if the employee is responsible 

for the inspection or repair of the equipment, track, or structures, when the employee believes that the equipment, track, 

or structures are in a hazardous safety or security condition, 

if the conditions described in paragraph (2) exist. 

‘‘(2) A refusal is protected under paragraph (1)(B) and (C) 

if— 

‘‘(A) the refusal is made in good faith and no reasonable 

alternative to the refusal is available to the employee; 

‘‘(B) a reasonable individual in the circumstances then 

confronting the employee would conclude that— 

‘‘(i) the hazardous condition presents an imminent 

danger of death or serious injury; and 

‘‘(ii) the urgency of the situation does not allow sufficient time to eliminate the danger without such refusal; 

and 

‘‘(C) the employee, where possible, has notified the railroad 

carrier of the existence of the hazardous condition and the 
H. R. 1—181 

intention not to perform further work, or not to authorize 

the use of the hazardous equipment, track, or structures, unless 

the condition is corrected immediately or the equipment, track, 

or structures are repaired properly or replaced. 

‘‘(3) In this subsection, only paragraph (1)(A) shall apply to 

security personnel employed by a railroad carrier to protect individuals and property transported by railroad. 

‘‘(c) ENFORCEMENT ACTION.— 

‘‘(1) IN GENERAL.—An employee who alleges discharge, discipline, or other discrimination in violation of subsection (a) 

or (b) of this section, may seek relief in accordance with the 

provisions of this section, with any petition or other request 

for relief under this section to be initiated by filing a complaint 

with the Secretary of Labor. 

‘‘(2) PROCEDURE.— ‘‘(A) IN GENERAL.—Any action under paragraph (1) 

shall be governed under the rules and procedures set forth 

in section 42121(b), including: 

‘‘(i) BURDENS OF PROOF.—Any action brought under 

(c)(1) shall be governed by the legal burdens of proof 

set forth in section 42121(b). 

‘‘(ii) STATUTE OF LIMITATIONS.—An action under 

paragraph (1) shall be commenced not later than 180 

days after the date on which the alleged violation 

of subsection (a) or (b) of this section occurs. 

‘‘(iii) CIVIL ACTIONS TO ENFORCE.—If a person fails 

to comply with an order issued by the Secretary of 

Labor pursuant to the procedures in section 42121(b), 

the Secretary of Labor may bring a civil action to 

enforce the order in the district court of the United 

States for the judicial district in which the violation 

occurred, as set forth in 42121. 

‘‘(B) EXCEPTION.—Notification made under section 

42121(b)(1) shall be made to the person named in the 

complaint and the person’s employer. 

‘‘(3) DE NOVO REVIEW.—With respect to a complaint under 

paragraph (1), if the Secretary of Labor has not issued a final 

decision within 210 days after the filing of the complaint and 

if the delay is not due to the bad faith of the employee, the 

employee may bring an original action at law or equity for 

de novo review in the appropriate district court of the United 

States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action 

shall, at the request of either party to such action, be tried 

by the court with a jury. 

‘‘(4) APPEALS.—Any person adversely affected or aggrieved 

by an order issued pursuant to the procedures in section 

42121(b), may obtain review of the order in the United States 

court of appeals for the circuit in which the violation, with 

respect to which the order was issued, allegedly occurred or 

the circuit in which the complainant resided on the date of 

such violation. The petition for review must be filed not later 

than 60 days after the date of the issuance of the final order 

of the Secretary of Labor. The review shall conform to chapter 

7 of title 5. The commencement of proceedings under this 

paragraph shall not, unless ordered by the court, operate as 

a stay of the order. 
H. R. 1—182 

‘‘(d) REMEDIES.— 

‘‘(1) IN GENERAL.—An employee prevailing in any action 

under subsection (c) shall be entitled to all relief necessary 

to make the employee whole. 

‘‘(2) DAMAGES.—Relief in an action under subsection (c) 

(including an action described in subsection (c)(3)) shall 

include— 

‘‘(A) reinstatement with the same seniority status that 

the employee would have had, but for the discrimination; 

‘‘(B) any backpay, with interest; and 

‘‘(C) compensatory damages, including compensation 

for any special damages sustained as a result of the 

discrimination, including litigation costs, expert witness 

fees, and reasonable attorney fees. 

‘‘(3) POSSIBLE RELIEF.—Relief in any action under subsection (c) may include punitive damages in an amount not 

to exceed $250,000. 

‘‘(e) ELECTION OF REMEDIES.—An employee may not seek protection under both this section and another provision of law for the 

same allegedly unlawful act of the railroad carrier. 

‘‘(f) NO PREEMPTION.—Nothing in this section preempts or 

diminishes any other safeguards against discrimination, demotion, 

discharge, suspension, threats, harassment, reprimand, retaliation, 

or any other manner of discrimination provided by Federal or 

State law. 

‘‘(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section 

shall be deemed to diminish the rights, privileges, or remedies 

of any employee under any Federal or State law or under any 

collective bargaining agreement. The rights and remedies in this 

section may not be waived by any agreement, policy, form, or 

condition of employment. 

‘‘(h) DISCLOSURE OF IDENTITY.— ‘‘(1) Except as provided in paragraph (2) of this subsection, 

or with the written consent of the employee, the Secretary 

of Transportation or the Secretary of Homeland Security may 

not disclose the name of an employee of a railroad carrier 

who has provided information about an alleged violation of 

this part or, as applicable to railroad safety or security, chapter 

51 or 57 of this title, or a regulation prescribed or order issued 

under any of those provisions. 

‘‘(2) The Secretary of Transportation or the Secretary of 

Homeland Security shall disclose to the Attorney General the 

name of an employee described in paragraph (1) if the matter 

is referred to the Attorney General for enforcement. The Secretary making such disclosures shall provide reasonable 

advance notice to the affected employee if disclosure of that 

person’s identity or identifying information is to occur. 

‘‘(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE

DEPARTMENT OF HOMELAND SECURITY.— ‘‘(1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish through regulations, after an 

opportunity for notice and comment, a process by which any 

person may report to the Secretary of Homeland Security 

regarding railroad security problems, deficiencies, or 

vulnerabilities. 

‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 

under paragraph (1) identifies the person making the report, 
H. R. 1—183 

the Secretary of Homeland Security shall respond promptly 

to such person and acknowledge receipt of the report. 

‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall 

take appropriate steps to address any problems or deficiencies 

identified.’’. 

SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS. 

(a) DEFINITIONS.—In this section, the following definitions 

apply: 

(1) SECURITY BACKGROUND CHECK.—The term ‘‘security 

background check’’ means reviewing, for the purpose of identifying individuals who may pose a threat to transportation security or national security, or of terrorism— 

(A) relevant criminal history databases; 

(B) in the case of an alien (as defined in the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), the relevant 

databases to determine the status of the alien under the 

immigration laws of the United States; and 

(C) other relevant information or databases, as determined by the Secretary. 

(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ 

means an employee of a railroad carrier or a contractor or 

subcontractor of a railroad carrier. 

(b) GUIDANCE.— (1) Any guidance, recommendations, suggested action 

items, or any other widely disseminated voluntary action items 

issued by the Secretary to a railroad carrier or a contractor 

or subcontractor of a railroad carrier relating to performing 

a security background check of a covered individual shall contain recommendations on the appropriate scope and application 

of such a security background check, including the time period 

covered, the types of disqualifying offenses, and a redress 

process for adversely impacted covered individuals consistent 

with subsections (c) and (d) of this section. 

(2) Within 60 days after the date of enactment of this 

Act, any guidance, recommendations, suggested action items, 

or any other widely disseminated voluntary action item issued 

by the Secretary prior to the date of enactment of this Act 

to a railroad carrier or a contractor or subcontractor of a railroad carrier relating to performing a security background check 

of a covered individual shall be updated in compliance with 

paragraph (1). 

(3) If a railroad carrier or a contractor or subcontractor 

of a railroad carrier performs a security background check 

on a covered individual to fulfill guidance issued by the Secretary under paragraph (1) or (2), the Secretary shall not consider such guidance fulfilled unless an adequate redress process 

as described in subsection (d) is provided to covered individuals. 

(c) REQUIREMENTS.—If the Secretary issues a rule, regulation, 

or directive requiring a railroad carrier or contractor or subcontractor of a railroad carrier to perform a security background check 

of a covered individual, then the Secretary shall prohibit the railroad carrier or contractor or subcontractor of a railroad carrier 

from making an adverse employment decision, including removal 
H. R. 1—184 

or suspension of the covered individual, due to such rule, regulation, 

or directive with respect to a covered individual unless the railroad 

carrier or contractor or subcontractor of a railroad carrier determines that the covered individual— 

(1) has been convicted of, has been found not guilty by 

reason of insanity, or is under want, warrant, or indictment 

for a permanent disqualifying criminal offense listed in part 

1572 of title 49, Code of Federal Regulations; 

(2) was convicted of or found not guilty by reason of insanity 

of an interim disqualifying criminal offense listed in part 1572 

of title 49, Code of Federal Regulations, within 7 years of 

the date that the railroad carrier or contractor or subcontractor 

of a railroad carrier performs the security background check; 

or 

(3) was incarcerated for an interim disqualifying criminal 

offense listed in part 1572 of title 49, Code of Federal Regulations, and released from incarceration within 5 years of the 

date that the railroad carrier or contractor or subcontractor 

of a railroad carrier performs the security background check. 

(d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or directive requiring a railroad carrier or contractor or subcontractor of a railroad carrier to perform a security background check 

of a covered individual, the Secretary shall— 

(1) provide an adequate redress process for a covered individual subjected to an adverse employment decision, including 

removal or suspension of the employee, due to such rule, regulation, or directive that is consistent with the appeals and waiver 

process established for applicants for commercial motor vehicle 

hazardous materials endorsements and transportation 

employees at ports, as required by section 70105(c) of title 

46, United States Code; and 

(2) have the authority to order an appropriate remedy, 

including reinstatement of the covered individual, should the 

Secretary determine that a railroad carrier or contractor or 

subcontractor of a railroad carrier wrongfully made an adverse 

employment decision regarding a covered individual pursuant 

to such rule, regulation, or directive. 

(e) FALSE STATEMENTS.—A railroad carrier or a contractor or 

subcontractor of a railroad carrier may not knowingly misrepresent 

to an employee or other relevant person, including an arbiter 

involved in a labor arbitration, the scope, application, or meaning 

of any rules, regulations, directives, or guidance issued by the 

Secretary related to security background check requirements for 

covered individuals when conducting a security background check. 

Not later than 1 year after the date of enactment of this Act, 

the Secretary shall issue a regulation that prohibits a railroad 

carrier or a contractor or subcontractor of a railroad carrier from 

knowingly misrepresenting to an employee or other relevant person, 

including an arbiter involved in a labor arbitration, the scope, 

application, or meaning of any rules, regulations, directives, or 

guidance issued by the Secretary related to security background 

check requirements for covered individuals when conducting a security background check. 

(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall 

be construed to abridge a railroad carrier’s or a contractor or 

subcontractor of a railroad carrier’s rights or responsibilities to 

make adverse employment decisions permitted by other Federal, 
H. R. 1—185 

State, or local laws. Nothing in the section shall be construed 

to abridge rights and responsibilities of covered individuals, a railroad carrier, or a contractor or subcontractor of a railroad carrier, 

under any other Federal, State, or local laws or under any collective 

bargaining agreement. 

(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in 

this section shall be construed to preempt a Federal, State, or 

local law that requires criminal history background checks, 

immigration status checks, or other background checks, of covered 

individuals. 

(h) STATUTORY CONSTRUCTION.—Nothing in this section shall 

be construed to affect the process for review established under 

section 70105(c) of title 46, United States Code, including regulations issued pursuant to such section. 

SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Transportation Security Administration, the Secretary 

of Transportation, heads of other appropriate Federal departments 

and agencies and Amtrak shall transmit a report to the appropriate 

congressional committees that contains— 

(1) a description of the current system for screening passengers and baggage on passenger railroad service between 

the United States and Canada; 

(2) an assessment of the current program to provide 

preclearance of airline passengers between the United States 

and Canada as outlined in ‘‘The Agreement on Air Transport 

Preclearance between the Government of Canada and the 

Government of the United States of America’’, dated January 

18, 2001; 

(3) an assessment of the current program to provide 

preclearance of freight railroad traffic between the United 

States and Canada as outlined in the ‘‘Declaration of Principle 

for the Improved Security of Rail Shipments by Canadian 

National Railway and Canadian Pacific Railway from Canada 

to the United States’’, dated April 2, 2003; 

(4) information on progress by the Department of Homeland 

Security and other Federal agencies towards finalizing a 

bilateral protocol with Canada that would provide for 

preclearance of passengers on trains operating between the 

United States and Canada; 

(5) a description of legislative, regulatory, budgetary, or 

policy barriers within the United States Government to providing prescreened passenger lists for railroad passengers traveling between the United States and Canada to the Department; 

(6) a description of the position of the Government of 

Canada and relevant Canadian agencies with respect to 

preclearance of such passengers; 

(7) a draft of any changes in existing Federal law necessary 

to provide for prescreening of such passengers and providing 

prescreened passenger lists to the Department; and 

(8) an analysis of the feasibility of reinstating in-transit 

inspections onboard international Amtrak trains. 

(b) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 
H. R. 1—186 

(1) CONSULTATION.—In preparing the report under this 

section, the Secretary shall consult with the Chief Privacy 

Officer of the Department and the Officer for Civil Rights 

and Civil Liberties of the Department as appropriate and in 

accordance with section 222 of the Homeland Security Act 

of 2002. 

(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002, 

the report must contain a privacy impact assessment conducted 

by the Chief Privacy Officer and a review conducted by the 

Officer for Civil Rights and Civil Liberties. 

SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM. 

(a) IN GENERAL.— 

(1) The Secretary shall develop a system to detect both 

undeclared passengers and contraband, with a primary focus 

on the detection of nuclear and radiological materials entering 

the United States by railroad. 

(2) SYSTEM REQUIREMENTS.—In developing the system 

under paragraph (1), the Secretary may, in consultation with 

the Domestic Nuclear Detection Office, Customs and Border 

Protection, and the Transportation Security Administration— 

(A) deploy radiation detection equipment and nonintrusive imaging equipment at locations where railroad shipments cross an international border to enter the United 

States; 

(B) consider the integration of radiation detection technologies with other nonintrusive inspection technologies 

where feasible; 

(C) ensure appropriate training, operations, and 

response protocols are established for Federal, State, and 

local personnel; 

(D) implement alternative procedures to check railroad 

shipments at locations where the deployment of nonintrusive inspection imaging equipment is determined to not 

be practicable; 

(E) ensure, to the extent practicable, that such technologies deployed can detect terrorists or weapons, 

including weapons of mass destruction; and 

(F) take other actions, as appropriate, to develop the 

system. 

(b) ADDITIONAL INFORMATION.—The Secretary shall— 

(1) identify and seek the submission of additional data 

elements for improved high-risk targeting related to the movement of cargo through the international supply chain utilizing 

a railroad prior to importation into the United States; 

(2) utilize data collected and maintained by the Secretary 

of Transportation in the targeting of high-risk cargo identified 

under paragraph (1); and 

(3) analyze the data provided in this subsection to identify 

high-risk cargo for inspection. 

(c) REPORT TO CONGRESS.—Not later than September 30, 2008, 

the Secretary shall transmit to the appropriate congressional 

committees a report that describes the progress of the system 

being developed under subsection (a). 

(d) DEFINITIONS.—In this section: 
H. R. 1—187 

(1) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘international 

supply chain’’ means the end-to-end process for shipping goods 

to or from the United States, beginning at the point of origin 

(including manufacturer, supplier, or vendor) through a point 

of distribution to the destination. 

(2) RADIATION DETECTION EQUIPMENT.—The term ‘‘radiation 

detection equipment’’ means any technology that is capable 

of detecting or identifying nuclear and radiological material 

or nuclear and radiological explosive devices. 

(3) INSPECTION.—The term ‘‘inspection’’ means the comprehensive process used by Customs and Border Protection 

to assess goods entering the United States to appraise them 

for duty purposes, to detect the presence of restricted or prohibited items, and to ensure compliance with all applicable laws. 

SEC. 1525. TRANSMISSION LINE REPORT. 

(a) STUDY.—The Comptroller General shall undertake an 

assessment of the placement of high-voltage, direct-current, electric 

transmission lines along active railroad and other transportation 

rights-of-way. In conducting the assessment, the Comptroller General shall evaluate any economic, safety, and security risks and 

benefits to inhabitants living adjacent to such rights-of-way and 

to consumers of electric power transmitted by such transmission 

lines. 

(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Comptroller General shall transmit the results 

of the assessment in subsection (a) to the appropriate congressional 

committees. 

SEC. 1526. RAILROAD SECURITY ENHANCEMENTS. 

(a) RAILROAD POLICE OFFICERS.—Section 28101 of title 49, 

United States Code, is amended— 

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Under’’; and 

(2) by adding at the end the following: 

‘‘(b) ASSIGNMENT.—A railroad police officer employed by a railroad carrier and certified or commissioned as a police officer under 

the laws of a State may be temporarily assigned to assist a second 

railroad carrier in carrying out law enforcement duties upon the 

request of the second railroad carrier, at which time the police 

officer shall be considered to be an employee of the second railroad 

carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the 

same extent as provided in subsection (a).’’. 

(b) MODEL STATE LEGISLATION.—Not later than November 2, 

2007, the Secretary of Transportation shall develop and make available to States model legislation to address the problem of entities 

that claim to be railroad carriers in order to establish and run 

a police force when the entities do not in fact provide railroad 

transportation. In developing the model State legislation the Secretary shall solicit the input of the States, railroads carriers, and 

railroad carrier employees. The Secretary shall review and, if necessary, revise such model State legislation periodically. 

SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK CONTRACTS. 

Section 24301 of title 49, United States Code, is amended 

by adding at the end the following: 
H. R. 1—188 

‘‘(o) APPLICABILITY OF DISTRICT OF COLUMBIA LAW.—Any lease 

or contract entered into between Amtrak and the State of Maryland, 

or any department or agency of the State of Maryland, after the 

date of the enactment of this subsection shall be governed by 

the laws of the District of Columbia.’’. 

SEC. 1528. RAILROAD PREEMPTION CLARIFICATION. 

Section 20106 of title 49, United States Code, is amended 

to read as follows: 

‘‘§ 20106. Preemption 

‘‘(a) NATIONAL UNIFORMITY OF REGULATION.—(1) Laws, regulations, and orders related to railroad safety and laws, regulations, 

and orders related to railroad security shall be nationally uniform 

to the extent practicable. 

‘‘(2) A State may adopt or continue in force a law, regulation, 

or order related to railroad safety or security until the Secretary 

of Transportation (with respect to railroad safety matters), or the 

Secretary of Homeland Security (with respect to railroad security 

matters), prescribes a regulation or issues an order covering the 

subject matter of the State requirement. A State may adopt or 

continue in force an additional or more stringent law, regulation, 

or order related to railroad safety or security when the law, regulation, or order— 

‘‘(A) is necessary to eliminate or reduce an essentially local 

safety or security hazard; 

‘‘(B) is not incompatible with a law, regulation, or order 

of the United States Government; and 

‘‘(C) does not unreasonably burden interstate commerce. 

‘‘(b) CLARIFICATION REGARDING STATE LAW CAUSES OF

ACTION.—(1) Nothing in this section shall be construed to preempt 

an action under State law seeking damages for personal injury, 

death, or property damage alleging that a party— 

‘‘(A) has failed to comply with the Federal standard of 

care established by a regulation or order issued by the Secretary 

of Transportation (with respect to railroad safety matters), 

or the Secretary of Homeland Security (with respect to railroad 

security matters), covering the subject matter as provided in 

subsection (a) of this section; 

‘‘(B) has failed to comply with its own plan, rule, or 

standard that it created pursuant to a regulation or order 

issued by either of the Secretaries; or 

‘‘(C) has failed to comply with a State law, regulation, 

or order that is not incompatible with subsection (a)(2). 

‘‘(2) This subsection shall apply to all pending State law causes 

of action arising from events or activities occurring on or after 

January 18, 2002. 

‘‘(c) JURISDICTION.—Nothing in this section creates a Federal 

cause of action on behalf of an injured party or confers Federal 

question jurisdiction for such State law causes of action.’’. 
H. R. 1—189 

Subtitle C—Over-the-Road Bus and 

Trucking Security 

SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS. 

(a) IN GENERAL.—Not later than 18 months after the date 

of enactment of this Act, the Secretary shall issue regulations 

that— 

(1) require each over-the-road bus operator assigned to 

a high-risk tier under this section— 

(A) to conduct a vulnerability assessment in accordance 

with subsections (c) and (d); and 

(B) to prepare, submit to the Secretary for approval, 

and implement a security plan in accordance with subsection (e); and 

(2) establish standards and guidelines for developing and 

implementing the vulnerability assessments and security plans 

for carriers assigned to high-risk tiers consistent with this 

section. 

(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish 

a security program for over-the-road bus operators not assigned 

to a high-risk tier, including— 

(1) guidance for such operators in conducting vulnerability 

assessments and preparing and implementing security plans, 

as determined appropriate by the Secretary; and 

(2) a process to review and approve such assessments and 

plans, as appropriate. 

(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after 

the date of issuance of the regulations under subsection (a), the 

vulnerability assessments and security plans required by such regulations for over-the-road bus operators assigned to a high-risk tier 

shall be completed and submitted to the Secretary for review and 

approval. 

(d) VULNERABILITY ASSESSMENTS.— (1) REQUIREMENTS.—The Secretary shall provide technical 

assistance and guidance to over-the-road bus operators in conducting vulnerability assessments under this section and shall 

require that each vulnerability assessment of an operator 

assigned to a high-risk tier under this section includes, as 

appropriate— 

(A) identification and evaluation of critical assets and 

infrastructure, including platforms, stations, terminals, and 

information systems; 

(B) identification of the vulnerabilities to those assets 

and infrastructure; and 

(C) identification of weaknesses in— 

(i) physical security; 

(ii) passenger and cargo security; 

(iii) the security of programmable electronic 

devices, computers, or other automated systems which 

are used in providing over-the-road bus transportation; 

(iv) alarms, cameras, and other protection systems; 

(v) communications systems and utilities needed 

for over-the-road bus security purposes, including dispatching systems; 

(vi) emergency response planning; 

(vii) employee training; and 
H. R. 1—190 

(viii) such other matters as the Secretary determines appropriate. 

(2) THREAT INFORMATION.—The Secretary shall provide in 

a timely manner to the appropriate employees of an overthe-road bus operator, as designated by the over-the-road bus 

operator, threat information that is relevant to the operator 

when preparing and submitting a vulnerability assessment and 

security plan, including an assessment of the most likely 

methods that could be used by terrorists to exploit weaknesses 

in over-the-road bus security. 

(e) SECURITY PLANS.— 

(1) REQUIREMENTS.—The Secretary shall provide technical 

assistance and guidance to over-the-road bus operators in preparing and implementing security plans under this section 

and shall require that each security plan of an over-the-road 

bus operator assigned to a high-risk tier under this section 

includes, as appropriate— 

(A) the identification of a security coordinator having 

authority— 

(i) to implement security actions under the plan; 

(ii) to coordinate security improvements; and 

(iii) to receive communications from appropriate 

Federal officials regarding over-the-road bus security; 

(B) a list of needed capital and operational improvements; 

(C) procedures to be implemented or used by the overthe-road bus operator in response to a terrorist attack, 

including evacuation and passenger communication plans 

that include individuals with disabilities, as appropriate; 

(D) the identification of steps taken with State and 

local law enforcement agencies, emergency responders, and 

Federal officials to coordinate security measures and plans 

for response to a terrorist attack; 

(E) a strategy and timeline for conducting training 

under section 1534; 

(F) enhanced security measures to be taken by the 

over-the-road bus operator when the Secretary declares 

a period of heightened security risk; 

(G) plans for providing redundant and backup systems 

required to ensure the continued operation of critical elements of the over-the-road bus operator’s system in the 

event of a terrorist attack or other incident; and 

(H) such other actions or procedures as the Secretary 

determines are appropriate to address the security of overthe-road bus operators. 

(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary 

shall require that the individual serving as the security coordinator identified in paragraph (1)(A) is a citizen of the United 

States. The Secretary may waive this requirement with respect 

to an individual if the Secretary determines that it is appropriate to do so based on a background check of the individual 

and a review of the consolidated terrorist watchlist. 

(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months 

after receiving the assessments and plans required under this section, the Secretary shall— 

(1) review each vulnerability assessment and security plan 

submitted to the Secretary in accordance with subsection (c); 
H. R. 1—191 

(2) require amendments to any security plan that does 

not meet the requirements of this section; and 

(3) approve any vulnerability assessment or security plan 

that meets the requirements of this section. 

(g) INTERIM SECURITY MEASURES.—The Secretary may require 

over-the-road bus operators, during the period before the deadline 

established under subsection (c), to submit a security plan to implement any necessary interim security measures essential to providing 

adequate security of the over-the-road bus operator’s system. An 

interim plan required under this subsection shall be superseded 

by a plan required under subsection (c). 

(h) TIER ASSIGNMENT.—The Secretary shall assign each overthe-road bus operator to a risk-based tier established by the Secretary: 

(1) PROVISION OF INFORMATION.—The Secretary may 

request, and an over-the-road bus operator shall provide, 

information necessary for the Secretary to assign an over-theroad bus operator to the appropriate tier under this subsection. 

(2) NOTIFICATION.—Not later than 60 days after the date 

an over-the-road bus operator is assigned to a tier under this 

section, the Secretary shall notify the operator of the tier to 

which it is assigned and the reasons for such assignment. 

(3) HIGH-RISK TIERS.—At least one of the tiers established 

by the Secretary under this section shall be a tier designated 

for high-risk over-the-road bus operators. 

(4) REASSIGNMENT.—The Secretary may reassign an overthe-road bus operator to another tier, as appropriate, in 

response to changes in risk and the Secretary shall notify 

the over-the-road bus operator within 60 days after such 

reassignment and provide the operator with the reasons for 

such reassignment. 

(i) EXISTING PROCEDURES, PROTOCOLS, AND STANDARDS.— 

(1) DETERMINATION.—In response to a petition by an overthe-road bus operator or at the discretion of the Secretary, 

the Secretary may determine that existing procedures, protocols, and standards meet all or part of the requirements of 

this section regarding vulnerability assessments and security 

plans. 

(2) ELECTION.—Upon review and written determination by 

the Secretary that existing procedures, protocols, or standards 

of an over-the-road bus operator satisfy the requirements of 

this section, the over-the-road bus operator may elect to comply 

with those procedures, protocols, or standards instead of the 

requirements of this section. 

(3) PARTIAL APPROVAL.—If the Secretary determines that 

the existing procedures, protocols, or standards of an overthe-road bus operator satisfy only part of the requirements 

of this section, the Secretary may accept such submission, 

but shall require submission by the operator of any additional 

information relevant to the vulnerability assessment and security plan of the operator to ensure that the remaining requirements of this section are fulfilled. 

(4) NOTIFICATION.—If the Secretary determines that particular existing procedures, protocols, or standards of an overthe-road bus operator under this subsection do not satisfy the 

requirements of this section, the Secretary shall provide to 
H. R. 1—192 

the operator a written notification that includes an explanation 

of the reasons for nonacceptance. 

(5) REVIEW.—Nothing in this subsection shall relieve the 

Secretary of the obligation— 

(A) to review the vulnerability assessment and security 

plan submitted by an over-the-road bus operator under 

this section; and 

(B) to approve or disapprove each submission on an 

individual basis. 

(j) PERIODIC EVALUATION BY OVER-THE-ROAD BUS PROVIDER

REQUIRED.— 

(1) SUBMISSION OF EVALUATION.—Not later than 3 years 

after the date on which a vulnerability assessment or security 

plan required to be submitted to the Secretary under subsection 

(c) is approved, and at least once every 5 years thereafter 

(or on such a schedule as the Secretary may establish by 

regulation), an over-the-road bus operator who submitted a 

vulnerability assessment and security plan and who is still 

assigned to the high-risk tier shall also submit to the Secretary 

an evaluation of the adequacy of the vulnerability assessment 

and security plan that includes a description of any material 

changes made to the vulnerability assessment or security plan. 

(2) REVIEW OF EVALUATION.—Not later than 180 days after 

the date on which an evaluation is submitted, the Secretary 

shall review the evaluation and notify the over-the-road bus 

operator submitting the evaluation of the Secretary’s approval 

or disapproval of the evaluation. 

(k) SHARED FACILITIES.—The Secretary may permit under this 

section the development and implementation of coordinated vulnerability assessments and security plans to the extent that an overthe-road bus operator shares facilities with, or is colocated with, 

other transportation entities or providers that are required to 

develop vulnerability assessments and security plans under Federal 

law. 

(l) NONDISCLOSURE OF INFORMATION.— (1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 

in this section shall be construed as authorizing the withholding 

of any information from Congress. 

(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA- TION.—Nothing in this section shall be construed as affecting 

any authority or obligation of a Federal agency to disclose 

any record or information that the Federal agency obtains 

from an over-the-road bus operator under any other Federal 

law. 

SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 

(a) IN GENERAL.—The Secretary shall establish a program for 

making grants to eligible private operators providing transportation 

by an over-the-road bus for security improvements described in 

subsection (b). 

(b) USES OF FUNDS.—A recipient of a grant received under 

subsection (a) shall use the grant funds for one or more of the 

following: 

(1) Constructing and modifying terminals, garages, and 

facilities, including terminals and other over-the-road bus facilities owned by State or local governments, to increase their 

security. 
H. R. 1—193 

(2) Modifying over-the-road buses to increase their security. 

(3) Protecting or isolating the driver of an over-the-road 

bus. 

(4) Acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage, 

or exchange of passenger and driver information through 

ticketing systems or other means and for information links 

with government agencies, for security purposes. 

(5) Installing cameras and video surveillance equipment 

on over-the-road buses and at terminals, garages, and overthe-road bus facilities. 

(6) Establishing and improving an emergency communications system linking drivers and over-the-road buses to the 

recipient’s operations center or linking the operations center 

to law enforcement and emergency personnel. 

(7) Implementing and operating passenger screening programs for weapons and explosives. 

(8) Public awareness campaigns for enhanced over-the-road 

bus security. 

(9) Operating and capital costs associated with over-theroad bus security awareness, preparedness, and response 

training, including training under section 1534 and training 

developed by institutions of higher education and by nonprofit 

employee labor organizations, for over-the-road bus employees, 

including frontline employees. 

(10) Chemical, biological, radiological, or explosive detection, including canine patrols for such detection. 

(11) Overtime reimbursement, including reimbursement of 

State, local, and tribal governments for costs, for enhanced 

security personnel assigned to duties related to over-the-road 

bus security during periods of high or severe threat levels, 

National Special Security Events, or other periods of heightened 

security as determined by the Secretary. 

(12) Live or simulated exercises, including those described 

in section 1533. 

(13) Operational costs to hire, train, and employ police 

and security officers, including canine units, assigned to fulltime security or counterterrorism duties related to over-theroad bus transportation, including reimbursement of State, 

local, and tribal government costs for such personnel. 

(14) Development of assessments or security plans under 

section 1531. 

(15) Such other improvements as the Secretary considers 

appropriate. 

(c) DUE CONSIDERATION.—In making grants under this section, 

the Secretary shall prioritize grant funding based on security risks 

to bus passengers and the ability of a project to reduce, or enhance 

response to, that risk, and shall not penalize private operators 

of over-the-road buses that have taken measures to enhance overthe-road bus transportation security prior to September 11, 2001. 

(d) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— 

In carrying out the responsibilities under subsection (a), the Secretary shall— 

(1) determine the requirements for recipients of grants 

under this section, including application requirements; 

(2) select grant recipients; 
H. R. 1—194 

(3) award the funds authorized by this section based on 

risk, as identified by the plans required under section 1531 

or assessment or plan described in subsection (f)(2); and 

(4) pursuant to subsection (c), establish priorities for the 

use of funds for grant recipients. 

(e) DISTRIBUTION OF GRANTS.—Not later than 90 days after 

the date of enactment of this Act, the Secretary and the Secretary 

of Transportation shall determine the most effective and efficient 

way to distribute grant funds to the recipients of grants determined 

by the Secretary under subsection (a). Subject to the determination 

made by the Secretaries, the Secretary may transfer funds to the 

Secretary of Transportation for the purposes of disbursing funds 

to the grant recipient. 

(f) ELIGIBILITY.— (1) A private operator providing transportation by an overthe-road bus is eligible for a grant under this section if the 

operator has completed a vulnerability assessment and developed a security plan that the Secretary has approved under 

section 1531. Grant funds may only be used for permissible 

uses under subsection (b) to further an over-the-road bus security plan. 

(2) Notwithstanding the requirements for eligibility and 

uses in paragraph (1), prior to the earlier of 1 year after 

the date of issuance of final regulations requiring vulnerability 

assessments and security plans under section 1531 or 3 years 

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

award grants under this section for over-the-road bus security 

improvements listed under subsection (b) based upon overthe-road bus vulnerability assessments and security plans that 

the Secretary deems are sufficient for the purposes of this 

section but have not been approved by the Secretary in accordance with section 1531. 

(g) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as 

otherwise specifically provided in this section, a grant made under 

this section shall be subject to the terms and conditions applicable 

to subrecipients who provide over-the-road bus transportation under 

section 5311(f) of title 49, United States Code, and such other 

terms and conditions as are determined necessary by the Secretary. 

(h) LIMITATION ON USES OF FUNDS.—A grant made under this 

section may not be used to make any State or local government 

cost-sharing contribution under any other Federal law. 

(i) ANNUAL REPORTS.—Each recipient of a grant under this 

section shall report annually to the Secretary and on the use 

of such grant funds. 

(j) CONSULTATION.—In carrying out this section, the Secretary 

shall consult with over-the-road bus operators and nonprofit 

employee labor organizations representing over-the-road bus 

employees, public safety and law enforcement officials. 

(k) AUTHORIZATION.— (1) IN GENERAL.—From the amounts appropriated pursuant 

to section 114(w) of title 49, United States Code, as amended 

by section 1503 of this Act, there shall be made available 

to the Secretary to make grants under this section— 

(A) $12,000,000 for fiscal year 2008; 

(B) $25,000,000 for fiscal year 2009; 

(C) $25,000,000 for fiscal year 2010; and 

(D) $25,000,000 for fiscal year 2011. 
H. R. 1—195 

(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 

out this section shall remain available until expended. 

SEC. 1533. OVER-THE-ROAD BUS EXERCISES. 

(a) IN GENERAL.—The Secretary shall establish a program for 

conducting security exercises for over-the-road bus transportation 

for the purpose of assessing and improving the capabilities of entities described in subsection (b) to prevent, prepare for, mitigate, 

respond to, and recover from acts of terrorism. 

(b) COVERED ENTITIES.—Entities to be assessed under the program shall include— 

(1) Federal, State, and local agencies and tribal governments; 

(2) over-the-road bus operators and over-the-road bus terminal owners and operators; 

(3) governmental and nongovernmental emergency 

response providers and law enforcement agencies; and 

(4) any other organization or entity that the Secretary 

determines appropriate. 

(c) REQUIREMENTS.—The Secretary shall ensure that the program— 

(1) consolidates existing security exercises for over-the-road 

bus operators and terminals administered by the Department 

and the Department of Transportation, as jointly determined 

by the Secretary and the Secretary of Transportation, unless 

the Secretary waives this consolidation requirement, as appropriate; 

(2) consists of exercises that are— 

(A) scaled and tailored to the needs of the over-theroad bus operators and terminals, including addressing 

the needs of the elderly and individuals with disabilities; 

(B) live, in the case of the most at-risk facilities to 

a terrorist attack; 

(C) coordinated with appropriate officials; 

(D) as realistic as practicable and based on current 

risk assessments, including credible threats, 

vulnerabilities, and consequences; 

(E) inclusive, as appropriate, of over-the-road bus frontline employees; and 

(F) consistent with the National Incident Management 

System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such 

national initiatives; 

(3) provides that exercises described in paragraph (2) will 

be— 

(A) evaluated by the Secretary against clear and consistent performance measures; 

(B) assessed by the Secretary to identify best practices, 

which shall be shared, as appropriate, with operators providing over-the-road bus transportation, nonprofit employee 

organizations that represent over-the-road bus employees, 

Federal, State, local, and tribal officials, governmental and 

nongovernmental emergency response providers, and law 

enforcement personnel; and 

(C) used to develop recommendations, as appropriate, 

provided to over-the-road bus operators and terminal 
H. R. 1—196 

owners and operators on remedial action to be taken in 

response to lessons learned; 

(4) allows for proper advanced notification of communities 

and local governments in which exercises are held, as appropriate; and 

(5) assists State, local, and tribal governments and overthe-road bus operators and terminal owners and operators in 

designing, implementing, and evaluating additional exercises 

that conform to the requirements of paragraph (2). 

(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure 

that the exercise program developed under subsection (c) is consistent with the National Exercise Program established under section 648 of the Post Katrina Emergency Management Reform Act 

(Public Law 109–295; 6 U.S.C. 748). 

SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM. 

(a) IN GENERAL.—Not later than 6 months after the date of 

enactment of this Act, the Secretary shall develop and issue regulations for an over-the-road bus training program to prepare overthe-road bus frontline employees for potential security threats and 

conditions. The regulations shall take into consideration any current 

security training requirements or best practices. 

(b) CONSULTATION.—The Secretary shall develop regulations 

under subsection (a) in consultation with— 

(1) appropriate law enforcement, fire service, emergency 

response, security, and terrorism experts; 

(2) operators providing over-the-road bus transportation; 

and 

(3) nonprofit employee labor organizations representing 

over-the-road bus employees and emergency response personnel. 

(c) PROGRAM ELEMENTS.—The regulations developed under subsection (a) shall require security training programs, to include, 

at a minimum, elements to address the following, as applicable: 

(1) Determination of the seriousness of any occurrence or 

threat. 

(2) Driver and passenger communication and coordination. 

(3) Appropriate responses to defend or protect oneself. 

(4) Use of personal and other protective equipment. 

(5) Evacuation procedures for passengers and over-the-road 

bus employees, including individuals with disabilities and the 

elderly. 

(6) Psychology, behavior, and methods of terrorists, 

including observation and analysis. 

(7) Training related to psychological responses to terrorist 

incidents, including the ability to cope with hijacker behavior 

and passenger responses. 

(8) Live situational training exercises regarding various 

threat conditions, including tunnel evacuation procedures. 

(9) Recognition and reporting of dangerous substances, suspicious packages, and situations. 

(10) Understanding security incident procedures, including 

procedures for communicating with emergency response providers and for on-scene interaction with such emergency 

response providers. 

(11) Operation and maintenance of security equipment and 

systems. 
H. R. 1—197 

(12) Other security training activities that the Secretary 

considers appropriate. 

(d) REQUIRED PROGRAMS.— 

(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not 

later than 90 days after the Secretary issues the regulations 

under subsection (a), each over-the-road bus operator shall 

develop a security training program in accordance with such 

regulations and submit the program to the Secretary for 

approval. 

(2) APPROVAL.—Not later than 60 days after receiving a 

security training program under this subsection, the Secretary 

shall approve the program or require the over-the-road bus 

operator that developed the program to make any revisions 

to the program that the Secretary considers necessary for the 

program to meet the requirements of the regulations. An overthe-road bus operator shall respond to the Secretary’s comments 

not later than 30 days after receiving them. 

(3) TRAINING.—Not later than 1 year after the Secretary 

approves a security training program in accordance with this 

subsection, the over-the-road bus operator that developed the 

program shall complete the training of all over-the-road bus 

frontline employees who were hired by the operator more than 

30 days preceding such date. For such employees employed 

less than 30 days by an operator preceding such date, training 

shall be completed within the first 60 days of employment. 

(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.— 

The Secretary shall periodically review and update, as appropriate, the training regulations issued under subsection (a) 

to reflect new or changing security threats. Each over-theroad bus operator shall revise its training program accordingly 

and provide additional training as necessary to its employees 

within a reasonable time after the regulations are updated. 

(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure 

that the training program developed under subsection (a) is a 

component of the National Training Program established under 

section 648 of the Post Katrina Emergency Management Reform 

Act (Public Law 109–295; 6 U.S.C. 748). 

(f) REPORTING REQUIREMENTS.—Not later than 2 years after 

the date of regulation issuance, the Secretary shall review 

implementation of the training program of a representative sample 

of over-the-road bus operators and over-the-road bus frontline 

employees, and report to the appropriate congressional committees 

of such reviews. The Secretary may submit the report in both 

classified and redacted formats as necessary. 

SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOPMENT. 

(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The Secretary, acting through the Under Secretary for 

Science and Technology and the Administrator of the Transportation 

Security Administration, shall carry out a research and development 

program for the purpose of improving the security of over-theroad buses. 

(b) ELIGIBLE PROJECTS.—The research and development program may include projects— 

(1) to reduce the vulnerability of over-the-road buses, stations, terminals, and equipment to explosives and hazardous 
H. R. 1—198 

chemical, biological, and radioactive substances, including the 

development of technology to screen passengers in large numbers with minimal interference and disruption; 

(2) to test new emergency response and recovery techniques 

and technologies, including those used at international borders; 

(3) to develop improved technologies, including those for— 

(A) emergency response training, including training 

in a tunnel environment, if appropriate; and 

(B) security and redundancy for critical communications, electrical power, computer, and over-the-road bus 

control systems; and 

(4) to address other vulnerabilities and risks identified 

by the Secretary. 

(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The 

Secretary— 

(1) shall ensure that the research and development program 

is consistent with the other transportation security research 

and development programs required by this Act; 

(2) shall, to the extent practicable, coordinate the research 

and development activities of the Department with other 

ongoing research and development security-related initiatives, 

including research being conducted by— 

(A) the Department of Transportation, including 

University Transportation Centers and other institutes, 

centers, and simulators funded by the Department of 

Transportation; 

(B) the National Academy of Sciences; 

(C) the Technical Support Working Group; 

(D) other Federal departments and agencies; and 

(E) other Federal and private research laboratories, 

research entities, and institutions of higher education, 

including Historically Black Colleges and Universities, Hispanic Serving Institutions, and Indian Tribally Controlled 

Colleges and Universities; 

(3) shall carry out any research and development project 

authorized by this section through a reimbursable agreement 

with an appropriate Federal agency, if the agency— 

(A) is currently sponsoring a research and development 

project in a similar area; or 

(B) has a unique facility or capability that would be 

useful in carrying out the project; 

(4) may award grants and enter into cooperative agreements, contracts, other transactions, or reimbursable agreements to the entities described in paragraph (2) and eligible 

recipients under section 1532; and 

(5) shall make reasonable efforts to enter into memoranda 

of understanding, contracts, grants, cooperative agreements, 

or other transactions with private operators providing overthe-road bus transportation willing to contribute assets, physical space, and other resources. 

(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 

(1) CONSULTATION.—In carrying out research and development projects under this section, the Secretary shall consult 

with the Chief Privacy Officer of the Department and the 

Officer for Civil Rights and Civil Liberties of the Department 

as appropriate and in accordance with section 222 of the Homeland Security Act of 2002. 
H. R. 1—199 

(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002, 

the Chief Privacy Officer shall conduct privacy impact assessments and the Officer for Civil Rights and Civil Liberties shall 

conduct reviews, as appropriate, for research and development 

initiatives developed under this section that the Secretary 

determines could have an impact on privacy, civil rights, or 

civil liberties. 

(e) AUTHORIZATION OF APPROPRIATIONS.— 

(1) IN GENERAL.—From the amounts appropriated pursuant 

to section 114(w) of title 49, United States Code, as amended 

by section 1503 of this Act, there shall be made available 

to the Secretary to carry out this section— 

(A) $2,000,000 for fiscal year 2008; 

(B) $2,000,000 for fiscal year 2009; 

(C) $2,000,000 for fiscal year 2010; and 

(D) $2,000,000 for fiscal year 2011. 

(2) PERIOD OF AVAILABILITY.—Such sums shall remain 

available until expended. 

SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS. 

Section 31105 of title 49, United States Code, is amended 

to read: 

‘‘(a) PROHIBITIONS.—(1) A person may not discharge an 

employee, or discipline or discriminate against an employee 

regarding pay, terms, or privileges of employment, because— 

‘‘(A)(i) the employee, or another person at the employee’s 

request, has filed a complaint or begun a proceeding related 

to a violation of a commercial motor vehicle safety or security 

regulation, standard, or order, or has testified or will testify 

in such a proceeding; or 

‘‘(ii) the person perceives that the employee has filed or 

is about to file a complaint or has begun or is about to begin 

a proceeding related to a violation of a commercial motor vehicle 

safety or security regulation, standard, or order; 

‘‘(B) the employee refuses to operate a vehicle because— 

‘‘(i) the operation violates a regulation, standard, or 

order of the United States related to commercial motor 

vehicle safety, health, or security; or 

‘‘(ii) the employee has a reasonable apprehension of 

serious injury to the employee or the public because of 

the vehicle’s hazardous safety or security condition; 

‘‘(C) the employee accurately reports hours on duty pursuant to chapter 315; 

‘‘(D) the employee cooperates, or the person perceives that 

the employee is about to cooperate, with a safety or security 

investigation by the Secretary of Transportation, the Secretary 

of Homeland Security, or the National Transportation Safety 

Board; or 

‘‘(E) the employee furnishes, or the person perceives that 

the employee is or is about to furnish, information to the 

Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal, 

State, or local regulatory or law enforcement agency as to 

the facts relating to any accident or incident resulting in injury 

or death to an individual or damage to property occurring 

in connection with commercial motor vehicle transportation. 
H. R. 1—200 

‘‘(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s 

apprehension of serious injury is reasonable only if a reasonable 

individual in the circumstances then confronting the employee 

would conclude that the hazardous safety or security condition 

establishes a real danger of accident, injury, or serious impairment 

to health. To qualify for protection, the employee must have sought 

from the employer, and been unable to obtain, correction of the 

hazardous safety or security condition. 

‘‘(b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee 

alleging discharge, discipline, or discrimination in violation of subsection (a) of this section, or another person at the employee’s 

request, may file a complaint with the Secretary of Labor not 

later than 180 days after the alleged violation occurred. All complaints initiated under this section shall be governed by the legal 

burdens of proof set forth in section 42121(b). On receiving the 

complaint, the Secretary of Labor shall notify, in writing, the person 

alleged to have committed the violation of the filing of the complaint. 

‘‘(2)(A) Not later than 60 days after receiving a complaint, 

the Secretary of Labor shall conduct an investigation, decide 

whether it is reasonable to believe the complaint has merit, and 

notify, in writing, the complainant and the person alleged to have 

committed the violation of the findings. If the Secretary of Labor 

decides it is reasonable to believe a violation occurred, the Secretary 

of Labor shall include with the decision findings and a preliminary 

order for the relief provided under paragraph (3) of this subsection. 

‘‘(B) Not later than 30 days after the notice under subparagraph 

(A) of this paragraph, the complainant and the person alleged 

to have committed the violation may file objections to the findings 

or preliminary order, or both, and request a hearing on the record. 

The filing of objections does not stay a reinstatement ordered in 

the preliminary order. If a hearing is not requested within the 

30 days, the preliminary order is final and not subject to judicial 

review. 

‘‘(C) A hearing shall be conducted expeditiously. Not later than 

120 days after the end of the hearing, the Secretary of Labor 

shall issue a final order. Before the final order is issued, the 

proceeding may be ended by a settlement agreement made by 

the Secretary of Labor, the complainant, and the person alleged 

to have committed the violation. 

‘‘(3)(A) If the Secretary of Labor decides, on the basis of a 

complaint, a person violated subsection (a) of this section, the 

Secretary of Labor shall order the person to— 

‘‘(i) take affirmative action to abate the violation; 

‘‘(ii) reinstate the complainant to the former position 

with the same pay and terms and privileges of employment; 

and 

‘‘(iii) pay compensatory damages, including backpay 

with interest and compensation for any special damages 

sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney 

fees. 

‘‘(B) If the Secretary of Labor issues an order under subparagraph (A) of this paragraph and the complainant requests, the 

Secretary of Labor may assess against the person against whom 

the order is issued the costs (including attorney fees) reasonably 
H. R. 1—201 

incurred by the complainant in bringing the complaint. The Secretary of Labor shall determine the costs that reasonably were 

incurred. 

‘‘(C) Relief in any action under subsection (b) may include 

punitive damages in an amount not to exceed $250,000. 

‘‘(c) DE NOVO REVIEW.—With respect to a complaint under 

paragraph (1), if the Secretary of Labor has not issued a final 

decision within 210 days after the filing of the complaint and 

if the delay is not due to the bad faith of the employee, the 

employee may bring an original action at law or equity for de 

novo review in the appropriate district court of the United States, 

which shall have jurisdiction over such an action without regard 

to the amount in controversy, and which action shall, at the request 

of either party to such action, be tried by the court with a jury. 

‘‘(d) JUDICIAL REVIEW AND VENUE.—A person adversely affected 

by an order issued after a hearing under subsection (b) of this 

section may file a petition for review, not later than 60 days 

after the order is issued, in the court of appeals of the United 

States for the circuit in which the violation occurred or the person 

resided on the date of the violation. Review shall conform to chapter 

7 of title 5. The review shall be heard and decided expeditiously. 

An order of the Secretary of Labor subject to review under this 

subsection is not subject to judicial review in a criminal or other 

civil proceeding. 

‘‘(e) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply 

with an order issued under subsection (b) of this section, the Secretary of Labor shall bring a civil action to enforce the order 

in the district court of the United States for the judicial district 

in which the violation occurred. 

‘‘(f) NO PREEMPTION.—Nothing in this section preempts or 

diminishes any other safeguards against discrimination, demotion, 

discharge, suspension, threats, harassment, reprimand, retaliation, 

or any other manner of discrimination provided by Federal or 

State law. 

‘‘(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section 

shall be deemed to diminish the rights, privileges, or remedies 

of any employee under any Federal or State law or under any 

collective bargaining agreement. The rights and remedies in this 

section may not be waived by any agreement, policy, form, or 

condition of employment. 

‘‘(h) DISCLOSURE OF IDENTITY.— 

‘‘(1) Except as provided in paragraph (2) of this subsection, 

or with the written consent of the employee, the Secretary 

of Transportation or the Secretary of Homeland Security may 

not disclose the name of an employee who has provided information about an alleged violation of this part, or a regulation 

prescribed or order issued under any of those provisions. 

‘‘(2) The Secretary of Transportation or the Secretary of 

Homeland Security shall disclose to the Attorney General the 

name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for 

enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if 

disclosure of that person’s identity or identifying information 

is to occur. 

‘‘(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE

DEPARTMENT OF HOMELAND SECURITY.— 
H. R. 1—202 

‘‘(1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish through regulations, after an 

opportunity for notice and comment, a process by which any 

person may report to the Secretary of Homeland Security 

regarding motor carrier vehicle security problems, deficiencies, 

or vulnerabilities. 

‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 

under paragraph (1) identifies the person making the report, 

the Secretary of Homeland Security shall respond promptly 

to such person and acknowledge receipt of the report. 

‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall 

take appropriate steps to address any problems or deficiencies 

identified. 

‘‘(j) DEFINITION.—In this section, ‘employee’ means a driver 

of a commercial motor vehicle (including an independent contractor 

when personally operating a commercial motor vehicle), a mechanic, 

a freight handler, or an individual not an employer, who— 

‘‘(1) directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier; 

and 

‘‘(2) is not an employee of the United States Government, 

a State, or a political subdivision of a State acting in the 

course of employment.’’. 

SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT. 

(a) REENACTMENT OF SSRS.—Section 14504 of title 49, United 

States Code, as that section was in effect on December 31, 2006, 

shall be in effect as a law of the United States for the period 

beginning on January 1, 2007, ending on the earlier of January 

1, 2008, or the effective date of the final regulations issued pursuant 

to subsection (b). 

(b) DEADLINE FOR FINAL REGULATIONS.—Not later than October 

1, 2007, the Federal Motor Carrier Safety Administration shall 

issue final regulations to establish the Unified Carrier Registration 

System, as required by section 13908 of title 49, United States 

Code, and set fees for the unified carrier registration agreement 

for calendar year 2007 or subsequent calendar years to be charged 

to motor carriers, motor private carriers, and freight forwarders 

under such agreement, as required by 14504a of title 49, United 

States Code. 

(c) REPEAL OF SSRS.—Section 4305(a) of the Safe, Accountable, 

Flexible Efficient Transportation Equity Act: A Legacy for Users 

(119 Stat. 1764) is amended by striking ‘‘the first January’’ and 

all that follows through ‘‘this Act’’ and inserting ‘‘January 1, 2008’’. 

SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY. 

(a) SCHOOL BUS SECURITY RISK ASSESSMENT.—Not later than 

1 year after the date of enactment of this Act, the Secretary shall 

transmit to the appropriate congressional committees a report, 

including a classified report, as appropriate, containing a comprehensive assessment of the risk of a terrorist attack on the 

Nation’s school bus transportation system in accordance with the 

requirements of this section. 

(b) CONTENTS OF RISK ASSESSMENT.—The assessment shall 

include— 
H. R. 1—203 

(1) an assessment of security risks to the Nation’s school 

bus transportation system, including publicly and privately 

operated systems; 

(2) an assessment of actions already taken by operators 

or others to address identified security risks; and 

(3) an assessment of whether additional actions and investments are necessary to improve the security of passengers 

traveling on school buses and a list of such actions or investments, if appropriate. 

(c) CONSULTATION.—In conducting the risk assessment, the Secretary shall consult with administrators and officials of school systems, representatives of the school bus industry, including both 

publicly and privately operated systems, public safety and law 

enforcement officials, and nonprofit employee labor organizations 

representing school bus drivers. 

SEC. 1539. TECHNICAL AMENDMENT. 

Section 1992(d)(7) of title 18, United States Code, is amended 

by inserting ‘‘intercity bus transportation’’ after ‘‘includes’’. 

SEC. 1540. TRUCK SECURITY ASSESSMENT. 

(a) DEFINITION.—For the purposes of this section, the term 

‘‘truck’’ means any self-propelled or towed motor vehicle used on 

a highway in interstate commerce to transport property when the 

vehicle— 

(1) has a gross vehicle weight rating or gross combination 

weight rating, or gross vehicle weight or gross combination 

weight, of 4,536 kg (10,001 pounds) or more, whichever is 

greater; or 

(2) is used in transporting material found by the Secretary 

of Transportation to be hazardous under section 5103 of title 

49, United States Code, and transported in a quantity requiring 

placarding under regulations prescribed by the Secretary under 

subtitle B, chapter I, subchapter C of title 49, Code of Federal 

Regulations. 

(b) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary 

of Transportation, shall transmit a report to the appropriate 

congressional committees on truck security issues that includes— 

(1) a security risk assessment of the trucking industry; 

(2) an assessment of actions already taken by both public 

and private entities to address identified security risks; 

(3) an assessment of the economic impact that security 

upgrades of trucks, truck equipment, or truck facilities may 

have on the trucking industry and its employees, including 

independent owner-operators; 

(4) an assessment of ongoing research by public and private 

entities and the need for additional research on truck security; 

(5) an assessment of industry best practices to enhance 

security; and 

(6) an assessment of the current status of secure truck 

parking. 

(c) FORMAT.—The Secretary may submit the report in both 

classified and redacted formats if the Secretary determines that 

such action is appropriate or necessary. 
H. R. 1—204 

SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX. 

Not later than 1 year after the date of enactment of this 

Act, the Secretary of Transportation and the Secretary shall execute 

and develop an annex to the Memorandum of Understanding 

between the two departments signed on September 28, 2004, governing the specific roles, delineations of responsibilities, resources, 

and commitments of the Department of Transportation and the 

Department of Homeland Security, respectively, in addressing motor 

carrier transportation security matters, including over-the-road bus 

security matters, and shall cover the processes the Departments 

will follow to promote communications, efficiency, and nonduplication of effort. 

SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT PROGRAM. 

(a) INITIAL REPORT.—Not later than 90 days after the date 

of enactment of this Act, the Inspector General of the Department 

of Homeland Security shall submit a report to the appropriate 

congressional committees on the Federal trucking industry security 

grant program, for fiscal years 2004 and 2005 that— 

(1) addresses the grant announcement, application, receipt, 

review, award, monitoring, and closeout processes; and 

(2) states the amount obligated or expended under the 

program for fiscal years 2004 and 2005 for— 

(A) infrastructure protection; 

(B) training; 

(C) equipment; 

(D) educational materials; 

(E) program administration; 

(F) marketing; and 

(G) other functions. 

(b) SUBSEQUENT REPORT.—Not later than 1 year after the date 

of enactment of this Act, the Inspector General of the Department 

of Homeland Security shall submit a report to the appropriate 

congressional committees that— 

(1) analyzes the performance, efficiency, and effectiveness 

of the Federal trucking industry security grant program, and 

the need for the program using all years of available data; 

and 

(2) makes recommendations regarding the future of the 

program, including options to improve the effectiveness and 

utility of the program and motor carrier security. 

Subtitle D—Hazardous Material and 

Pipeline Security 

SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS. 

(a) IN GENERAL.—Not later than 9 months after the date of 

enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, shall publish a final rule based on the 

Pipeline and Hazardous Materials Safety Administration’s Notice 

of Proposed Rulemaking published on December 21, 2006, entitled 

‘‘Hazardous Materials: Enhancing Railroad Transportation Safety 

and Security for Hazardous Materials Shipments’’. The final rule 
H. R. 1—205 

shall incorporate the requirements of this section and, as appropriate, public comments received during the comment period of 

the rulemaking. 

(b) SECURITY-SENSITIVE MATERIALS COMMODITY DATA.—The 

Secretary of Transportation shall ensure that the final rule requires 

each railroad carrier transporting security-sensitive materials in 

commerce to, no later than 90 days after the end of each calendar 

year, compile security-sensitive materials commodity data. Such 

data must be collected by route, line segment, or series of line 

segments, as aggregated by the railroad carrier. Within the railroad 

carrier selected route, the commodity data must identify the 

geographic location of the route and the total number of shipments 

by the United Nations identification number for the security-sensitive materials. 

(c) RAILROAD TRANSPORTATION ROUTE ANALYSIS FOR SECURITY- SENSITIVE MATERIALS.—The Secretary of Transportation shall 

ensure that the final rule requires each railroad carrier transporting 

security-sensitive materials in commerce to, for each calendar year, 

provide a written analysis of the safety and security risks for 

the transportation routes identified in the security-sensitive materials commodity data collected as required by subsection (b). The 

safety and security risks present shall be analyzed for the route, 

railroad facilities, railroad storage facilities, and high-consequence 

targets along or in proximity to the route. 

(d) ALTERNATIVE ROUTE ANALYSIS FOR SECURITY-SENSITIVE

MATERIALS.—The Secretary of Transportation shall ensure that the 

final rule requires each railroad carrier transporting security-sensitive materials in commerce to— 

(1) for each calendar year— 

(A) identify practicable alternative routes over which 

the railroad carrier has authority to operate as compared 

to the current route for such a shipment analyzed under 

subsection (c); and 

(B) perform a safety and security risk assessment of 

the alternative route for comparison to the route analysis 

specified in subsection (c); 

(2) ensure that the analysis under paragraph (1) includes— 

(A) identification of safety and security risks for an 

alternative route; 

(B) comparison of those risks identified under subparagraph (A) to the primary railroad transportation route, 

including the risk of a catastrophic release from a shipment 

traveling along the alternate route compared to the primary 

route; 

(C) any remediation or mitigation measures implemented on the primary or alternative route; and 

(D) potential economic effects of using an alternative 

route; and 

(3) consider when determining the practicable alternative 

routes under paragraph (1)(A) the use of interchange agreements with other railroad carriers. 

(e) ALTERNATIVE ROUTE SELECTION FOR SECURITY-SENSITIVE

MATERIALS.—The Secretary of Transportation shall ensure that the 

final rule requires each railroad carrier transporting security-sensitive materials in commerce to use the analysis required by subsections (c) and (d) to select the safest and most secure route 

to be used in transporting security-sensitive materials. 
H. R. 1—206 

(f) REVIEW.—The Secretary of Transportation shall ensure that 

the final rule requires each railroad carrier transporting securitysensitive materials in commerce to annually review and select the 

practicable route posing the least overall safety and security risk 

in accordance with this section. The railroad carrier must retain 

in writing all route review and selection decision documentation 

and restrict the distribution, disclosure, and availability of information contained in the route analysis to appropriate persons. This 

documentation should include, but is not limited to, comparative 

analyses, charts, graphics, or railroad system maps. 

(g) RETROSPECTIVE ANALYSIS.—The Secretary of Transportation 

shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, not less than 

once every 3 years, analyze the route selection determinations 

required under this section. Such an analysis shall include a comprehensive, systemwide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature 

of high-consequence targets located along or in proximity to the 

route, or other changes affecting the safety and security of the 

movements of security-sensitive materials that were implemented 

since the previous analysis was completed. 

(h) CONSULTATION.—In carrying out subsection (c), railroad carriers transporting security-sensitive materials in commerce shall 

seek relevant information from State, local, and tribal officials, 

as appropriate, regarding security risks to high-consequence targets 

along or in proximity to a route used by a railroad carrier to 

transport security-sensitive materials. 

(i) DEFINITIONS.—In this section: 

(1) The term ‘‘route’’ includes storage facilities and trackage 

used by railroad cars in transportation in commerce. 

(2) The term ‘‘high-consequence target’’ means a property, 

natural resource, location, area, or other target designated by 

the Secretary that is a viable terrorist target of national significance, which may include a facility or specific critical infrastructure, the attack of which by railroad could result in— 

(A) catastrophic loss of life; 

(B) significant damage to national security or defense 

capabilities; or 

(C) national economic harm. 

SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING. 

(a) COMMUNICATIONS.— 

(1) IN GENERAL.—In conjunction with the research and 

development program established under section 1518 and consistent with the results of research relating to wireless and 

other tracking technologies, the Secretary, in consultation with 

the Administrator of the Transportation Security Administration, shall develop a program that will encourage the equipping 

of railroad cars transporting security-sensitive materials, as 

defined in section 1501, with technology that provides— 

(A) car position location and tracking capabilities; and 

(B) notification of railroad car depressurization, breach, 

unsafe temperature, or release of hazardous materials, as 

appropriate. 

(2) COORDINATION.—In developing the program required 

by paragraph (1), the Secretary shall— 
H. R. 1—207 

(A) consult with the Secretary of Transportation to 

coordinate the program with any ongoing or planned efforts 

for railroad car tracking at the Department of Transportation; and 

(B) ensure that the program is consistent with recommendations and findings of the Department of Homeland 

Security’s hazardous material railroad tank car tracking 

pilot programs. 

(b) FUNDING.—From the amounts appropriated pursuant to 

114(w) of title 49, United States Code, as amended by section 

1503 of this title, there shall be made available to the Secretary 

to carry out this section— 

(1) $3,000,000 for fiscal year 2008; 

(2) $3,000,000 for fiscal year 2009; and 

(3) $3,000,000 for fiscal year 2010. 

SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING. 

(a) ROUTE PLAN GUIDANCE.—Not later than 1 year after the 

date of enactment of this Act, the Secretary of Transportation, 

in consultation with the Secretary, shall— 

(1) document existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials 

by motor carrier, and develop a framework for using a 

geographic information system-based approach to characterize 

routes in the national hazardous materials route registry; 

(2) assess and characterize existing and proposed routes 

for the transportation of radioactive and nonradioactive hazardous materials by motor carrier for the purpose of identifying 

measurable criteria for selecting routes based on safety and 

security concerns; 

(3) analyze current route-related hazardous materials regulations in the United States, Canada, and Mexico to identify 

cross-border differences and conflicting regulations; 

(4) document the safety and security concerns of the public, 

motor carriers, and State, local, territorial, and tribal governments about the highway routing of hazardous materials; 

(5) prepare guidance materials for State officials to assist 

them in identifying and reducing both safety concerns and 

security risks when designating highway routes for hazardous 

materials consistent with the 13 safety-based nonradioactive 

materials routing criteria and radioactive materials routing 

criteria in subpart C part 397 of title 49, Code of Federal 

Regulations; 

(6) develop a tool that will enable State officials to examine 

potential routes for the highway transportation of hazardous 

materials, assess specific security risks associated with each 

route, and explore alternative mitigation measures; and 

(7) transmit to the appropriate congressional committees 

a report on the actions taken to fulfill paragraphs (1) through 

(6) and any recommended changes to the routing requirements 

for the highway transportation of hazardous materials in part 

397 of title 49, Code of Federal Regulations. 

(b) ROUTE PLANS.— 

(1) ASSESSMENT.—Not later than 1 year after the date 

of enactment of this Act, the Secretary of Transportation shall 

complete an assessment of the safety and national security 

benefits achieved under existing requirements for route plans, 
H. R. 1—208 

in written or electronic format, for explosives and radioactive 

materials. The assessment shall, at a minimum— 

(A) compare the percentage of Department of Transportation recordable incidents and the severity of such 

incidents for shipments of explosives and radioactive materials for which such route plans are required with the 

percentage of recordable incidents and the severity of such 

incidents for shipments of explosives and radioactive materials not subject to such route plans; and 

(B) quantify the security and safety benefits, feasibility, 

and costs of requiring each motor carrier that is required 

to have a hazardous material safety permit under part 

385 of title 49, Code of Federal Regulations, to maintain, 

follow, and carry such a route plan that meets the requirements of section 397.101 of that title when transporting 

the type and quantity of hazardous materials described 

in section 385.403, taking into account the various segments of the motor carrier industry, including tank truck, 

truckload and less than truckload carriers. 

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit 

a report to the appropriate congressional committees containing 

the findings and conclusions of the assessment. 

(c) REQUIREMENT.—The Secretary shall require motor carriers 

that have a hazardous material safety permit under part 385 of 

title 49, Code of Federal Regulations, to maintain, follow, and 

carry a route plan, in written or electronic format, that meets 

the requirements of section 397.101 of that title when transporting 

the type and quantity of hazardous materials described in section 

385.403 if the Secretary determines, under the assessment required 

in subsection (b), that such a requirement would enhance security 

and safety without imposing unreasonable costs or burdens upon 

motor carriers. 

SEC. 1554. MOTOR CARRIER SECURITY-SENSITIVE MATERIAL 

TRACKING. 

(a) COMMUNICATIONS.— 

(1) IN GENERAL.—Not later than 6 months after the date 

of enactment of this Act, consistent with the findings of the 

Transportation Security Administration’s hazardous materials 

truck security pilot program, the Secretary, through the 

Administrator of the Transportation Security Administration 

and in consultation with the Secretary of Transportation, shall 

develop a program to facilitate the tracking of motor carrier 

shipments of security-sensitive materials and to equip vehicles 

used in such shipments with technology that provides— 

(A) frequent or continuous communications; 

(B) vehicle position location and tracking capabilities; 

and 

(C) a feature that allows a driver of such vehicles 

to broadcast an emergency distress signal. 

(2) CONSIDERATIONS.—In developing the program required 

by paragraph (1), the Secretary shall— 

(A) consult with the Secretary of Transportation to 

coordinate the program with any ongoing or planned efforts 

for motor carrier or security-sensitive materials tracking 

at the Department of Transportation; 
H. R. 1—209 

(B) take into consideration the recommendations and 

findings of the report on the hazardous material safety 

and security operational field test released by the Federal 

Motor Carrier Safety Administration on November 11, 

2004; and 

(C) evaluate— 

(i) any new information related to the costs and 

benefits of deploying, equipping, and utilizing tracking 

technology, including portable tracking technology, for 

motor carriers transporting security-sensitive materials not included in the hazardous material safety 

and security operational field test report released by 

the Federal Motor Carrier Safety Administration on 

November 11, 2004; 

(ii) the ability of tracking technology to resist tampering and disabling; 

(iii) the capability of tracking technology to collect, 

display, and store information regarding the movement 

of shipments of security-sensitive materials by commercial motor vehicles; 

(iv) the appropriate range of contact intervals 

between the tracking technology and a commercial 

motor vehicle transporting security-sensitive materials; 

(v) technology that allows the installation by a 

motor carrier of concealed electronic devices on 

commercial motor vehicles that can be activated by 

law enforcement authorities to disable the vehicle or 

alert emergency response resources to locate and 

recover security-sensitive materials in the event of loss 

or theft of such materials; 

(vi) whether installation of the technology 

described in clause (v) should be incorporated into 

the program under paragraph (1); 

(vii) the costs, benefits, and practicality of such 

technology described in clause (v) in the context of 

the overall benefit to national security, including commerce in transportation; and 

(viii) other systems and information the Secretary 

determines appropriate. 

(b) FUNDING.—From the amounts appropriated pursuant to 

section 114(w) of title 49, United States Code, as amended by 

section 1503 of this Act, there shall be made available to the 

Secretary to carry out this section— 

(1) $7,000,000 for fiscal year 2008 of which $3,000,000 

may be used for equipment; 

(2) $7,000,000 for fiscal year 2009 of which $3,000,000 

may be used for equipment; and 

(3) $7,000,000 for fiscal year 2010 of which $3,000,000 

may be used for equipment. 

(c) REPORT.—Not later than 1 year after the issuance of regulations under subsection (a), the Secretary shall issue a report to 

the appropriate congressional committees on the program developed 

and evaluation carried out under this section. 

(d) LIMITATION.—The Secretary may not mandate the installation or utilization of a technology described under this section 

without additional congressional authority provided after the date 

of enactment of this Act. 
H. R. 1—210 

SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 

STUDY. 

(a) IN GENERAL.—The Secretary of Transportation shall consult 

with the Secretary to limit, to the extent practicable, duplicative 

reviews of the hazardous materials security plans required under 

part 172, title 49, Code of Federal Regulations. 

(b) TRANSPORTATION COSTS STUDY.—Within 1 year after the 

date of enactment of this Act, the Secretary of Transportation, 

in conjunction with the Secretary, shall study to what extent the 

insurance, security, and safety costs borne by railroad carriers, 

motor carriers, pipeline carriers, air carriers, and maritime carriers 

associated with the transportation of hazardous materials are 

reflected in the rates paid by offerors of such commodities as compared to the costs and rates, respectively, for the transportation 

of nonhazardous materials. 

SEC. 1556. TECHNICAL CORRECTIONS. 

(a) CORRECTION.—Section 5103a of title 49, United States Code, 

is amended— 

(1) in subsection (a)(1) by striking ‘‘Secretary’’ and inserting 

‘‘Secretary of Homeland Security’’; 

(2) in subsection (b) by striking ‘‘Secretary’’ each place 

it appears and inserting ‘‘Secretary of Transportation’’; 

(3) in subsection (d)(1)(B) by striking ‘‘Secretary’’ and 

inserting ‘‘Secretary of Homeland Security’’; and 

(4) in subsection (e) by striking ‘‘Secretary’’ and inserting 

‘‘Secretary of Homeland Security’’ each place it appears. 

(b) RELATIONSHIP TO TRANSPORTATION SECURITY CARDS.— (1) BACKGROUND CHECK.—An individual who has a valid 

transportation employee identification card issued by the Secretary under section 70105 of title 46, United States Code, 

shall be deemed to have met the background records check 

required under section 5103a of title 49, United States Code. 

(2) STATE REVIEW.—Nothing in this subsection prevents 

or preempts a State from conducting a criminal records check 

of an individual that has applied for a license to operate a 

motor vehicle transporting in commerce a hazardous material. 

SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT. 

(a) IN GENERAL.—Not later than 9 months after the date of 

enactment of this Act, consistent with the Annex to the Memorandum of Understanding executed on August 9, 2006, between 

the Department of Transportation and the Department, the Secretary, in consultation with the Secretary of Transportation, shall 

establish a program for reviewing pipeline operator adoption of 

recommendations of the September 5, 2002, Department of 

Transportation Research and Special Programs Administration’s 

Pipeline Security Information Circular, including the review of pipeline security plans and critical facility inspections. 

(b) REVIEW AND INSPECTION.—Not later than 12 months after 

the date of enactment of this Act, the Secretary and the Secretary 

of Transportation shall develop and implement a plan for reviewing 

the pipeline security plans and an inspection of the critical facilities 

of the 100 most critical pipeline operators covered by the September 

5, 2002, circular, where such facilities have not been inspected 

for security purposes since September 5, 2002, by either the Department or the Department of Transportation. 
H. R. 1—211 

(c) COMPLIANCE REVIEW METHODOLOGY.—In reviewing pipeline 

operator compliance under subsections (a) and (b), risk assessment 

methodologies shall be used to prioritize risks and to target inspection and enforcement actions to the highest risk pipeline assets. 

(d) REGULATIONS.—Not later than 18 months after the date 

of enactment of this Act, the Secretary and the Secretary of 

Transportation shall develop and transmit to pipeline operators 

security recommendations for natural gas and hazardous liquid 

pipelines and pipeline facilities. If the Secretary determines that 

regulations are appropriate, the Secretary shall consult with the 

Secretary of Transportation on the extent of risk and appropriate 

mitigation measures, and the Secretary or the Secretary of 

Transportation, consistent with the Annex to the Memorandum 

of Understanding executed on August 9, 2006, shall promulgate 

such regulations and carry out necessary inspection and enforcement actions. Any regulations shall incorporate the guidance provided to pipeline operators by the September 5, 2002, Department 

of Transportation Research and Special Programs Administration’s 

Pipeline Security Information Circular and contain additional 

requirements as necessary based upon the results of the inspections 

performed under subsection (b). The regulations shall include the 

imposition of civil penalties for noncompliance. 

(e) FUNDING.—From the amounts appropriated pursuant to section 114(w) of title 49, United States Code, as amended by section 

1503 of this Act, there shall be made available to the Secretary 

to carry out this section— 

(1) $2,000,000 for fiscal year 2008; 

(2) $2,000,000 for fiscal year 2009; and 

(3) $2,000,000 for fiscal year 2010. 

SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN. 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Pipeline 

and Hazardous Materials Safety Administration, and in accordance 

with the Annex to the Memorandum of Understanding executed 

on August 9, 2006, the National Strategy for Transportation Security, and Homeland Security Presidential Directive–7, shall develop 

a pipeline security and incident recovery protocols plan. The plan 

shall include— 

(1) for the Government to provide increased security support to the most critical interstate and intrastate natural gas 

and hazardous liquid transmission pipeline infrastructure and 

operations as determined under section 1557 when— 

(A) under severe security threat levels of alert; or 

(B) under specific security threat information relating 

to such pipeline infrastructure or operations exists; and 

(2) an incident recovery protocol plan, developed in conjunction with interstate and intrastate transmission and distribution pipeline operators and terminals and facilities operators 

connected to pipelines, to develop protocols to ensure the continued transportation of natural gas and hazardous liquids to 

essential markets and for essential public health or national 

defense uses in the event of an incident affecting the interstate 

and intrastate natural gas and hazardous liquid transmission 

and distribution pipeline system, which shall include protocols 

for restoring essential services supporting pipelines and 
H. R. 1—212 

granting access to pipeline operators for pipeline infrastructure 

repair, replacement, or bypass following an incident. 

(b) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS.—The plan 

shall take into account actions taken or planned by both private 

and public entities to address identified pipeline security issues 

and assess the effective integration of such actions. 

(c) CONSULTATION.—In developing the plan under subsection 

(a), the Secretary shall consult with the Secretary of Transportation, 

interstate and intrastate transmission and distribution pipeline 

operators, nonprofit employee organizations representing pipeline 

employees, emergency responders, offerors, State pipeline safety 

agencies, public safety officials, and other relevant parties. 

(d) REPORT.— 

(1) CONTENTS.—Not later than 2 years after the date of 

enactment of this Act, the Secretary shall transmit to the 

appropriate congressional committees a report containing the 

plan required by subsection (a), including an estimate of the 

private and public sector costs to implement any recommendations. 

(2) FORMAT.—The Secretary may submit the report in both 

classified and redacted formats if the Secretary determines 

that such action is appropriate or necessary. 

TITLE XVI—AVIATION 

SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND. 

Section 44940 of title 49, United States Code, is amended— 

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

(i),’’ before ‘‘except to’’; and 

(2) by adding at the end the following: 

‘‘(i) CHECKPOINT SCREENING SECURITY FUND.— 

‘‘(1) ESTABLISHMENT.—There is established in the Department of Homeland Security a fund to be known as the ‘Checkpoint Screening Security Fund’. 

‘‘(2) DEPOSITS.—In fiscal year 2008, after amounts are made 

available under section 44923(h), the next $250,000,000 derived 

from fees received under subsection (a)(1) shall be available 

to be deposited in the Fund. 

‘‘(3) FEES.—The Secretary of Homeland Security shall 

impose the fee authorized by subsection (a)(1) so as to collect 

at least $250,000,000 in fiscal year 2008 for deposit into the 

Fund. 

‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall 

be available until expended by the Administrator of the 

Transportation Security Administration for the purchase, 

deployment, installation, research, and development of equipment to improve the ability of security screening personnel 

at screening checkpoints to detect explosives.’’. 

SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT. 

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

is amended— 

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

(h) and (i), respectively; and 

(2) by inserting after subsection (f) the following: 
H. R. 1—213 

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

‘‘(1) IN GENERAL.—Not later than 3 years after the date 

of enactment of the Implementing Recommendations of the 

9/11 Commission Act of 2007, the Secretary of Homeland Security shall establish a system to screen 100 percent of cargo 

transported on passenger aircraft operated by an air carrier 

or foreign air carrier in air transportation or intrastate air 

transportation to ensure the security of all such passenger 

aircraft carrying cargo. 

‘‘(2) MINIMUM STANDARDS.—The system referred to in paragraph (1) shall require, at a minimum, that equipment, technology, procedures, personnel, or other methods approved by 

the Administrator of the Transportation Security Administration, are used to screen cargo carried on passenger aircraft 

described in paragraph (1) to provide a level of security 

commensurate with the level of security for the screening of 

passenger checked baggage as follows: 

‘‘(A) 50 percent of such cargo is so screened not later 

than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 

2007. 

‘‘(B) 100 percent of such cargo is so screened not later 

than 3 years after such date of enactment. 

‘‘(3) REGULATIONS.— ‘‘(A) INTERIM FINAL RULE.—The Secretary of Homeland 

Security may issue an interim final rule as a temporary 

regulation to implement this subsection without regard 

to the provisions of chapter 5 of title 5. 

‘‘(B) FINAL RULE.— ‘‘(i) IN GENERAL.—If the Secretary issues an 

interim final rule under subparagraph (A), the Secretary shall issue, not later than one year after the 

effective date of the interim final rule, a final rule 

as a permanent regulation to implement this subsection in accordance with the provisions of chapter 

5 of title 5. 

‘‘(ii) FAILURE TO ACT.—If the Secretary does not 

issue a final rule in accordance with clause (i) on 

or before the last day of the one-year period referred 

to in clause (i), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives, Committee on Commerce, Science, and 

Transportation of the Senate, and the Committee on 

Homeland Security and Governmental Affairs of the 

Senate a report explaining why the final rule was 

not timely issued and providing an estimate of the 

earliest date on which the final rule will be issued. 

The Secretary shall submit the first such report within 

10 days after such last day and submit a report to 

the Committees containing updated information every 

30 days thereafter until the final rule is issued. 

‘‘(iii) SUPERCEDING OF INTERIM FINAL RULE.—The 

final rule issued in accordance with this subparagraph 

shall supersede the interim final rule issued under 

subparagraph (A). 

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

establishment of the system under paragraph (1), the Secretary 
H. R. 1—214 

shall submit to the Committees referred to in paragraph 

(3)(B)(ii) a report that describes the system. 

‘‘(5) SCREENING DEFINED.—In this subsection the term 

‘screening’ means a physical examination or non-intrusive 

methods of assessing whether cargo poses a threat to transportation security. Methods of screening include x-ray systems, 

explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation 

Security Administration, or a physical search together with 

manifest verification. The Administrator may approve additional methods to ensure that the cargo does not pose a threat 

to transportation security and to assist in meeting the requirements of this subsection. Such additional cargo screening 

methods shall not include solely performing a review of information about the contents of cargo or verifying the identity of 

a shipper of the cargo that is not performed in conjunction 

with other security methods authorized under this subsection, 

including whether a known shipper is registered in the known 

shipper database. Such additional cargo screening methods may 

include a program to certify the security methods used by 

shippers pursuant to paragraphs (1) and (2) and alternative 

screening methods pursuant to exemptions referred to in subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.’’. 

(b) ASSESSMENT OF EXEMPTIONS.— (1) TSA ASSESSMENT.— (A) IN GENERAL.—Not later than 120 days after the 

date of enactment of this Act, the Secretary of Homeland 

Security shall submit to the appropriate committees of 

Congress and to the Comptroller General a report containing an assessment of each exemption granted under 

section 44901(i)(1) of title 49, United States Code, for the 

screening required by such section for cargo transported 

on passenger aircraft and an analysis to assess the risk 

of maintaining such exemption. 

(B) CONTENTS.—The report under subparagraph (A) 

shall include— 

(i) the rationale for each exemption; 

(ii) what percentage of cargo is not screened in 

accordance with section 44901(g) of title 49, United 

States Code; 

(iii) the impact of each exemption on aviation security; 

(iv) the projected impact on the flow of commerce 

of eliminating each exemption, respectively, should the 

Secretary choose to take such action; and 

(v) plans and rationale for maintaining, changing, 

or eliminating each exemption. 

(C) FORMAT.—The Secretary may submit the report 

under subparagraph (A) in both classified and redacted 

formats if the Secretary determines that such action is 

appropriate or necessary. 

(2) GAO ASSESSMENT.—Not later than 120 days after the 

date on which the report under paragraph (1) is submitted, 

the Comptroller General shall review the report and submit 

to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and 
H. R. 1—215 

Transportation of the Senate, and the Committee on Homeland 

Security and Governmental Affairs of the Senate an assessment 

of the methodology of determinations made by the Secretary 

for maintaining, changing, or eliminating an exemption under 

section 44901(i)(1) of title 49, United States Code. 

SEC. 1603. IN-LINE BAGGAGE SCREENING. 

(a) EXTENSION OF AUTHORIZATION.—Section 44923(i)(1) of title 

49, United States Code, is amended by striking ‘‘2007.’’ and 

inserting ‘‘2007, and $450,000,000 for each of fiscal years 2008 

through 2011’’. 

(b) SUBMISSION OF COST-SHARING STUDY AND PLAN.—Not later 

than 60 days after the date of enactment of this Act, the Secretary 

for Homeland Security shall submit to the appropriate congressional 

committees the cost sharing study described in section 4019(d) 

of the Intelligence Reform and Terrorism Prevention Act of 2004 

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

a list of provisions of the study the Secretary intends to implement, 

and a plan and schedule for implementation of such listed provisions. 

SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT. 

(a) IN GENERAL.—Section 44923 of title 49, United States Code, 

is amended— 

(1) in subsection (a) by striking ‘‘may make’’ and inserting 

‘‘shall make’’; 

(2) in subsection (d)(1) by striking ‘‘may’’ and inserting 

‘‘shall’’; 

(3) in subsection (h)(1) by striking ‘‘2007’’ and inserting 

‘‘2028’’; 

(4) in subsection (h) by striking paragraphs (2) and (3) 

and inserting the following: 

‘‘(2) ALLOCATION.—Of the amount made available under 

paragraph (1) for a fiscal year, not less than $200,000,000 

shall be allocated to fulfill letters of intent issued under subsection (d). 

‘‘(3) DISCRETIONARY GRANTS.—Of the amount made available under paragraph (1) for a fiscal year, up to $50,000,000 

shall be used to make discretionary grants, including other 

transaction agreements for airport security improvement 

projects, with priority given to small hub airports and nonhub 

airports.’’; 

(5) by redesignating subsection (i) as subsection (j); and 

(6) by inserting after subsection (h) the following: 

‘‘(i) LEVERAGED FUNDING.—For purposes of this section, a grant 

under subsection (a) to an airport sponsor to service an obligation 

issued by or on behalf of that sponsor to fund a project described 

in subsection (a) shall be considered to be a grant for that project.’’. 

(b) PRIORITIZATION OF PROJECTS.— (1) IN GENERAL.—The Administrator of the Transportation 

Security Administration shall establish a prioritization schedule 

for airport security improvement projects described in section 

44923 of title 49, United States Code, based on risk and other 

relevant factors, to be funded under that section. The schedule 

shall include both hub airports referred to in paragraphs (29), 

(31), and (42) of section 40102 of such title and nonhub airports 

(as defined in section 47102(13) of such title). 
H. R. 1—216 

(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.—The 

schedule shall include airports that have incurred eligible costs 

associated with development of partial or completed in-line 

baggage systems before the date of enactment of this Act in 

reasonable anticipation of receiving a grant under section 44923 

of title 49, United States Code, in reimbursement of those 

costs but that have not received such a grant. 

(3) REPORT.—Not later than 180 days after the date of 

enactment of this Act, the Administrator shall provide a copy 

of the prioritization schedule, a corresponding timeline, and 

a description of the funding allocation under section 44923 

of title 49, United States Code, to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee 

on Homeland Security of the House of Representatives. 

SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED 

PASSENGER PRESCREENING SYSTEM. 

(a) IN GENERAL.—Not later than 120 days after the date of 

enactment of this Act, the Secretary of Homeland Security, in 

consultation with the Administrator of the Transportation Security 

Administration, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, 

Science, and Transportation of the Senate, and the Committee 

on Homeland Security and Governmental Affairs of the Senate 

a plan that— 

(1) describes the system to be utilized by the Department 

of Homeland Security to assume the performance of comparing 

passenger information, as defined by the Administrator, to 

the automatic selectee and no-fly lists, utilizing appropriate 

records in the consolidated and integrated terrorist watchlist 

maintained by the Federal Government; 

(2) provides a projected timeline for each phase of testing 

and implementation of the system; 

(3) explains how the system will be integrated with the 

prescreening system for passengers on international flights; 

and 

(4) describes how the system complies with section 552a 

of title 5, United States Code. 

(b) GAO ASSESSMENT.—Not later than 180 days after the date 

of enactment of this Act, the Comptroller General shall submit 

a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security 

of the House of Representatives that— 

(1) describes the progress made by the Transportation Security Administration in implementing the secure flight passenger 

pre-screening program; 

(2) describes the effectiveness of the current appeals process 

for passengers wrongly assigned to the no-fly and terrorist 

watch lists; 

(3) describes the Transportation Security Administration’s 

plan to protect private passenger information and progress 

made in integrating the system with the pre-screening program 

for international flights operated by United States Customs 

and Border Protection; 

(4) provides a realistic determination of when the system 

will be completed; and 
H. R. 1—217 

(5) includes any other relevant observations or recommendations the Comptroller General deems appropriate. 

SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS 

WRONGLY DELAYED OR PROHIBITED FROM BOARDING 

A FLIGHT. 

(a) IN GENERAL.—Subchapter I of chapter 449 of title 49, United 

States Code is amended by adding at the end the following: 

‘‘§ 44926. Appeal and redress process for passengers wrongly 

delayed or prohibited from boarding a flight 

‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall 

establish a timely and fair process for individuals who believe 

they have been delayed or prohibited from boarding a commercial 

aircraft because they were wrongly identified as a threat under 

the regimes utilized by the Transportation Security Administration, 

United States Customs and Border Protection, or any other office 

or component of the Department of Homeland Security. 

‘‘(b) OFFICE OF APPEALS AND REDRESS.— ‘‘(1) ESTABLISHMENT.—The Secretary shall establish in the 

Department an Office of Appeals and Redress to implement, 

coordinate, and execute the process established by the Secretary 

pursuant to subsection (a). The Office shall include representatives from the Transportation Security Administration, United 

States Customs and Border Protection, and such other offices 

and components of the Department as the Secretary determines 

appropriate. 

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

pursuant to subsection (a) shall include the establishment of 

a method by which the Office, under the direction of the Secretary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified 

and have corrected erroneous information. 

‘‘(3) INFORMATION.—To prevent repeated delays of an 

misidentified passenger or other individual, the Office shall— 

‘‘(A) ensure that the records maintained under this 

subsection contain information determined by the Secretary 

to authenticate the identity of such a passenger or individual; 

‘‘(B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any 

other appropriate office or component of the Department, 

upon request, such information as may be necessary to 

allow such office or component to assist air carriers in 

improving their administration of the advanced passenger 

prescreening system and reduce the number of false 

positives; and 

‘‘(C) require air carriers and foreign air carriers take 

action to identify passengers determined, under the process 

established under subsection (a), to have been wrongly 

identified. 

‘‘(4) HANDLING OF PERSONALLY IDENTIFIABLE INFORMATION.—The Secretary, in conjunction with the Chief Privacy 

Officer of the Department shall— 

‘‘(A) require that Federal employees of the Department 

handling personally identifiable information of passengers 

(in this paragraph referred to as ‘PII’) complete mandatory 
H. R. 1—218 

privacy and security training prior to being authorized 

to handle PII; 

‘‘(B) ensure that the records maintained under this 

subsection are secured by encryption, one-way hashing, 

other data anonymization techniques, or such other equivalent security technical protections as the Secretary determines necessary; 

‘‘(C) limit the information collected from misidentified 

passengers or other individuals to the minimum amount 

necessary to resolve a redress request; 

‘‘(D) require that the data generated under this subsection shall be shared or transferred via a secure data 

network, that has been audited to ensure that the antihacking and other security related software functions properly and is updated as necessary; 

‘‘(E) ensure that any employee of the Department 

receiving the data contained within the records handles 

the information in accordance with the section 552a of 

title 5, United States Code, and the Federal Information 

Security Management Act of 2002 (Public Law 107–296); 

‘‘(F) only retain the data for as long as needed to 

assist the individual traveler in the redress process; and 

‘‘(G) conduct and publish a privacy impact assessment 

of the process described within this subsection and transmit 

the assessment to the Committee on Homeland Security 

of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Homeland Security and Governmental Affairs 

of the Senate. 

‘‘(5) INITIATION OF REDRESS PROCESS AT AIRPORTS.—The 

Office shall establish at each airport at which the Department 

has a significant presence a process to provide information 

to air carrier passengers to begin the redress process established pursuant to subsection (a).’’. 

(b) CLERICAL AMENDMENT.—The analysis for such chapter is 

amended by inserting after the item relating to section 44925 the 

following: 

‘‘44926. Appeal and redress process for passengers wrongly delayed or prohibited 

from boarding a flight.’’. 

SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER 

SCREENING CHECKPOINTS. 

(a) IN GENERAL.—Not later than 30 days after the date of 

enactment of this Act, the Secretary of Homeland Security, in 

consultation with the Administrator of the Transportation Security 

Administration, shall issue the strategic plan the Secretary was 

required by section 44925(b) of title 49, United States Code, to 

have issued within 90 days after the date of enactment of the 

Intelligence Reform and Terrorism Prevention Act of 2004 (Public 

Law 108–458). 

(b) DEPLOYMENT.—Section 44925(b) of title 49, United States 

Code, is amended by adding at the end the following: 

‘‘(3) IMPLEMENTATION.—The Secretary shall begin 

implementation of the strategic plan within one year after 

the date of enactment of this paragraph.’’. 
H. R. 1—219 

SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY TECHNOLOGY. 

Section 137(a) of the Aviation and Transportation Security 

Act (49 U.S.C. 44912 note; 115 Stat. 637) is amended— 

(1) by striking ‘‘2002 through 2006’’ and inserting ‘‘2006 

through 2011’’; 

(2) by striking ‘‘aviation’’ and inserting ‘‘transportation’’; 

and 

(3) by striking ‘‘2002 and 2003’’ and inserting ‘‘2006 through 

2011’’. 

SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS. 

Section 44901 of title 49, United States Code, as amended 

by section 1602, is further amended by adding at the end the 

following: 

‘‘(j) BLAST-RESISTANT CARGO CONTAINERS.— 

‘‘(1) IN GENERAL.—Before January 1, 2008, the Administrator of the Transportation Security Administration shall— 

‘‘(A) evaluate the results of the blast-resistant cargo 

container pilot program that was initiated before the date 

of enactment of this subsection; and 

‘‘(B) prepare and distribute through the Aviation Security Advisory Committee to the appropriate Committees 

of Congress and air carriers a report on that evaluation 

which may contain nonclassified and classified sections. 

‘‘(2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—Upon 

completion and consistent with the results of the evaluation 

that paragraph (1)(A) requires, the Administrator shall— 

‘‘(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and 

replace blast-resistant cargo containers; 

‘‘(B) pay for the program; and 

‘‘(C) make available blast-resistant cargo containers 

to air carriers pursuant to paragraph (3). 

‘‘(3) DISTRIBUTION TO AIR CARRIERS.—The Administrator 

shall make available, beginning not later than July 1, 2008, 

blast-resistant cargo containers to air carriers for use on a 

risk managed basis as determined by the Administrator.’’. 

SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES. 

(a) TECHNOLOGY RESEARCH AND PILOT PROJECTS.— 

(1) RESEARCH AND DEVELOPMENT.—The Secretary of Homeland Security, in consultation with the Administrator of the 

Transportation Security Administration, shall expedite research 

and development programs for technologies that can disrupt 

or prevent an explosive device from being introduced onto a 

passenger plane or from damaging a passenger plane while 

in flight or on the ground. The research shall be used in 

support of implementation of section 44901 of title 49, United 

States Code. 

(2) PILOT PROJECTS.—The Secretary, in conjunction with 

the Secretary of Transportation, shall establish a grant program 

to fund pilot projects— 

(A) to deploy technologies described in paragraph (1); 

and 

(B) to test technologies to expedite the recovery, 

development, and analysis of information from aircraft 
H. R. 1—220 

accidents to determine the cause of the accident, including 

deployable flight deck and voice recorders and remote location recording devices. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary of Homeland Security for fiscal 

year 2008 such sums as may be necessary to carry out this section. 

Such sums shall remain available until expended. 

SEC. 1611. SPECIALIZED TRAINING. 

The Administrator of the Transportation Security Administration shall provide advanced training to transportation security officers for the development of specialized security skills, including 

behavior observation and analysis, explosives detection, and document examination, in order to enhance the effectiveness of layered 

transportation security measures. 

SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY. 

(a) IN GENERAL.—Notwithstanding any provision of law, any 

statutory limitation on the number of employees in the Transportation Security Administration, before or after its transfer to the 

Department of Homeland Security from the Department of 

Transportation, does not apply after fiscal year 2007. 

(b) AVIATION SECURITY.—Notwithstanding any provision of law 

imposing a limitation on the recruiting or hiring of personnel into 

the Transportation Security Administration to a maximum number 

of permanent positions, the Secretary of Homeland Security shall 

recruit and hire such personnel into the Administration as may 

be necessary— 

(1) to provide appropriate levels of aviation security; and 

(2) to accomplish that goal in such a manner that the 

average aviation security-related delay experienced by airline 

passengers is reduced to a level of less than 10 minutes. 

SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT 

AIRPORT EXIT LANES. 

(a) IN GENERAL.—The Administrator of the Transportation 

Security Administration shall conduct a pilot program at not more 

than 2 airports to identify technologies to improve security at airport exit lanes. 

(b) PROGRAM COMPONENTS.—In conducting the pilot program 

under this section, the Administrator shall— 

(1) utilize different technologies that protect the integrity 

of the airport exit lanes from unauthorized entry; 

(2) work with airport officials to deploy such technologies 

in multiple configurations at a selected airport or airports at 

which some of the exits are not colocated with a screening 

checkpoint; and 

(3) ensure the level of security is at or above the level 

of existing security at the airport or airports where the pilot 

program is conducted. 

(c) REPORTS.— (1) INITIAL BRIEFING.—Not later than 180 days after the 

date of enactment of this Act, the Administrator shall conduct 

a briefing to the congressional committees set forth in paragraph (3) that describes— 

(A) the airport or airports selected to participate in 

the pilot program; 

(B) the technologies to be tested; 
H. R. 1—221 

(C) the potential savings from implementing the technologies at selected airport exits; 

(D) the types of configurations expected to be deployed 

at such airports; and 

(E) the expected financial contribution from each airport. 

(2) FINAL REPORT.—Not later than 18 months after the 

technologies are deployed at the airports participating in the 

pilot program, the Administrator shall submit a final report 

to the congressional committees set forth in paragraph (3) 

that describes— 

(A) the changes in security procedures and technologies 

deployed; 

(B) the estimated cost savings at the airport or airports 

that participated in the pilot program; and 

(C) the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United 

States. 

(3) CONGRESSIONAL COMMITTEES.—The reports required 

under this subsection shall be submitted to— 

(A) the Committee on Commerce, Science, and 

Transportation of the Senate; 

(B) the Committee on Appropriations of the Senate; 

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

(D) the Committee on Homeland Security of the House 

of Representatives; and 

(E) the Committee on Appropriations of the House 

of Representatives. 

(d) USE OF EXISTING FUNDS.—This section shall be executed 

using existing funds. 

SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS. 

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Transportation Security 

Administration, after consultation with airline, airport, and flight 

crew representatives, shall submit to the Committee on Commerce, 

Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, 

and the Committee on Transportation and Infrastructure of the 

House of Representatives a report on the status of the Administration’s efforts to institute a sterile area access system or method 

that will enhance security by properly identifying authorized airline 

flight deck and cabin crew members at screening checkpoints and 

granting them expedited access through screening checkpoints. The 

Administrator shall include in the report recommendations on the 

feasibility of implementing the system for the domestic aviation 

industry beginning 1 year after the date on which the report is 

submitted. 

(b) BEGINNING IMPLEMENTATION.—The Administrator shall 

begin implementation of the system or method referred to in subsection (a) not later than 1 year after the date on which the 

Administrator submits the report under subsection (a). 

SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL. 

(a) IN GENERAL.—Section 44903(h)(6) of title 49, United States 

Code, is amended to read as follows: 
H. R. 1—222 

‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR ARMED LAW

ENFORCEMENT TRAVEL.— 

‘‘(A) IN GENERAL.—Not later than 18 months after the 

date of enactment of the Implementing Recommendations 

of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Attorney General, 

shall— 

‘‘(i) implement this section by publication in the 

Federal Register; and 

‘‘(ii) establish a national registered armed law 

enforcement program, that shall be federally managed, 

for law enforcement officers needing to be armed when 

traveling by commercial aircraft. 

‘‘(B) PROGRAM REQUIREMENTS.—The program shall— 

‘‘(i) establish a credential or a system that incorporates biometric technology and other applicable technologies; 

‘‘(ii) establish a system for law enforcement officers 

who need to be armed when traveling by commercial 

aircraft on a regular basis and for those who need 

to be armed during temporary travel assignments; 

‘‘(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential 

Directive 12; 

‘‘(iv) apply to all Federal, State, local, tribal, and 

territorial government law enforcement agencies; and 

‘‘(v) establish a process by which the travel credential or system may be used to verify the identity, 

using biometric technology, of a Federal, State, local, 

tribal, or territorial law enforcement officer seeking 

to carry a weapon on board a commercial aircraft, 

without unnecessarily disclosing to the public that the 

individual is a law enforcement officer. 

‘‘(C) PROCEDURES.—In establishing the program, the 

Secretary shall develop procedures— 

‘‘(i) to ensure that a law enforcement officer of 

a Federal, State, local, tribal, or territorial government 

flying armed has a specific reason for flying armed 

and the reason is within the scope of the duties of 

such officer; 

‘‘(ii) to preserve the anonymity of the armed law 

enforcement officer; 

‘‘(iii) to resolve failures to enroll, false matches, 

and false nonmatches relating to the use of the law 

enforcement travel credential or system; 

‘‘(iv) to determine the method of issuance of the 

biometric credential to law enforcement officers 

needing to be armed when traveling by commercial 

aircraft; 

‘‘(v) to invalidate any law enforcement travel 

credential or system that is lost, stolen, or no longer 

authorized for use; 

‘‘(vi) to coordinate the program with the Federal 

Air Marshal Service, including the force multiplier program of the Service; and 

‘‘(vii) to implement a phased approach to launching 

the program, addressing the immediate needs of the 
H. R. 1—223 

relevant Federal agent population before expanding 

to other law enforcement populations.’’. 

(b) REPORT.— 

(1) IN GENERAL.—Not later than 180 days after implementing the national registered armed law enforcement program required by section 44903(h)(6) of title 49, United States 

Code, the Secretary of Homeland Security shall submit to the 

Committee on Commerce, Science, and Transportation of the 

Senate and the Committee on Homeland Security of the House 

of Representatives a report. If the Secretary has not implemented the program within 180 days after the date of enactment of this Act, the Secretary shall submit a report to the 

Committees within 180 days explaining the reasons for the 

failure to implement the program within the time required 

by that section and a further report within each successive 

90-day period until the program is implemented explaining 

the reasons for such further delays in implementation until 

the program is functioning. 

(2) CLASSIFIED FORMAT.—The Secretary may submit each 

report required by this subsection in classified format. 

SEC. 1616. REPAIR STATION SECURITY. 

(a) CERTIFICATION OF FOREIGN REPAIR STATIONS SUSPENSION.— If the regulations required by section 44924(f) of title 49, United 

States Code, are not issued within 1 year after the date of enactment 

of this Act, the Administrator of the Federal Aviation Administration may not certify any foreign repair station under part 145 

of title 14, Code of Federal Regulations, after such date unless 

the station was previously certified, or is in the process of certification by the Administration under that part. 

(b) 6-MONTH DEADLINE FOR SECURITY REVIEW AND AUDIT.— Subsections (a) and (d) of section 44924 of title 49, United States 

Code, is amended— 

(1) in each of subsections (a) and (b) by striking ‘‘18 months’’ 

and inserting ‘‘6 months’’; and 

(2) in subsection (d) by inserting ‘‘(other than a station 

that was previously certified, or is in the process of certification, 

by the Administration under this part)’’ before ‘‘until’’. 

SEC. 1617. GENERAL AVIATION SECURITY. 

Section 44901 of title 49, United States Code, as amended 

by sections 1602 and 1609, is further amended by adding at the 

end the following: 

‘‘(k) GENERAL AVIATION AIRPORT SECURITY PROGRAM.— 

‘‘(1) IN GENERAL.—Not later than one year after the date 

of enactment of this subsection, the Administrator of the 

Transportation Security Administration shall— 

‘‘(A) develop a standardized threat and vulnerability 

assessment program for general aviation airports (as 

defined in section 47134(m)); and 

‘‘(B) implement a program to perform such assessments 

on a risk-managed basis at general aviation airports. 

‘‘(2) GRANT PROGRAM.—Not later than 6 months after the 

date of enactment of this subsection, the Administrator shall 

initiate and complete a study of the feasibility of a program, 

based on a risk-managed approach, to provide grants to operators of general aviation airports (as defined in section 47134(m)) 
H. R. 1—224 

for projects to upgrade security at such airports. If the Administrator determines that such a program is feasible, the Administrator shall establish such a program. 

‘‘(3) APPLICATION TO GENERAL AVIATION AIRCRAFT.—Not 

later than 180 days after the date of enactment of this subsection, the Administrator shall develop a risk-based system 

under which— 

‘‘(A) general aviation aircraft, as identified by the 

Administrator, in coordination with the Administrator of 

the Federal Aviation Administration, are required to 

submit passenger information and advance notification 

requirements for United States Customs and Border Protection before entering United States airspace; and 

‘‘(B) such information is checked against appropriate 

databases. 

‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are 

authorized to be appropriated to the Administrator of the 

Transportation Security Administration such sums as may be 

necessary to carry out paragraphs (2) and (3).’’. 

SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY 

FUNDING. 

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

by striking ‘‘and 2006’’ and inserting ‘‘2007, 2008, 2009, 2010, 

and 2011’’. 

TITLE XVII—MARITIME CARGO 

SEC. 1701. CONTAINER SCANNING AND SEALS. 

(a) CONTAINER SCANNING.—Section 232(b) of the SAFE Ports 

Act (6 U.S.C. 982(b)) is amended to read as follows: 

‘‘(b) FULL-SCALE IMPLEMENTATION.— ‘‘(1) IN GENERAL.—A container that was loaded on a vessel 

in a foreign port shall not enter the United States (either 

directly or via a foreign port) unless the container was scanned 

by nonintrusive imaging equipment and radiation detection 

equipment at a foreign port before it was loaded on a vessel. 

‘‘(2) APPLICATION.—Paragraph (1) shall apply with respect 

to containers loaded on a vessel in a foreign country on or 

after the earlier of— 

‘‘(A) July 1, 2012; or 

‘‘(B) such other date as may be established by the 

Secretary under paragraph (3). 

‘‘(3) ESTABLISHMENT OF EARLIER DEADLINE.—The Secretary 

shall establish a date under (2)(B) pursuant to the lessons 

learned through the pilot integrated scanning systems established under section 231. 

‘‘(4) EXTENSIONS.—The Secretary may extend the date 

specified in paragraph (2)(A) or (2)(B) for 2 years, and may 

renew the extension in additional 2-year increments, for containers loaded in a port or ports, if the Secretary certifies 

to Congress that at least two of the following conditions exist: 

‘‘(A) Systems to scan containers in accordance with 

paragraph (1) are not available for purchase and installation. 
H. R. 1—225 

‘‘(B) Systems to scan containers in accordance with 

paragraph (1) do not have a sufficiently low false alarm 

rate for use in the supply chain. 

‘‘(C) Systems to scan containers in accordance with 

paragraph (1) cannot be purchased, deployed, or operated 

at ports overseas, including, if applicable, because a port 

does not have the physical characteristics to install such 

a system. 

‘‘(D) Systems to scan containers in accordance with 

paragraph (1) cannot be integrated, as necessary, with 

existing systems. 

‘‘(E) Use of systems that are available to scan containers in accordance with paragraph (1) will significantly 

impact trade capacity and the flow of cargo. 

‘‘(F) Systems to scan containers in accordance with 

paragraph (1) do not adequately provide an automated 

notification of questionable or high-risk cargo as a trigger 

for further inspection by appropriately trained personnel. 

‘‘(5) EXEMPTION FOR MILITARY CARGO.—Notwithstanding 

any other provision in the section, supplies bought by the 

Secretary of Defense and transported in compliance section 

2631 of title 10, United States Code, and military cargo of 

foreign countries are exempt from the requirements of this 

section. 

‘‘(6) REPORT ON EXTENSIONS.—An extension under paragraph (4) for a port or ports shall take effect upon the expiration 

of the 60-day period beginning on the date the Secretary provides a report to Congress that— 

‘‘(A) states what container traffic will be affected by 

the extension; 

‘‘(B) provides supporting evidence to support the Secretary’s certification of the basis for the extension; and 

‘‘(C) explains what measures the Secretary is taking 

to ensure that scanning can be implemented as early as 

possible at the port or ports that are the subject of the 

report. 

‘‘(7) REPORT ON RENEWAL OF EXTENSION.—If an extension 

under paragraph (4) takes effect, the Secretary shall, after 

one year, submit a report to Congress on whether the Secretary 

expects to seek to renew the extension. 

‘‘(8) SCANNING TECHNOLOGY STANDARDS.—In implementing 

paragraph (1), the Secretary shall— 

‘‘(A) establish technological and operational standards 

for systems to scan containers; 

‘‘(B) ensure that the standards are consistent with 

the global nuclear detection architecture developed under 

the Homeland Security Act of 2002; and 

‘‘(C) coordinate with other Federal agencies that administer scanning or detection programs at foreign ports. 

‘‘(9) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In 

carrying out this subsection, the Secretary shall consult with 

appropriate Federal departments and agencies and private 

sector stakeholders, and ensure that actions under this section 

do not violate international trade obligations, and are consistent 

with the World Customs Organization framework, or other 

international obligations of the United States.’’. 
H. R. 1—226 

(b) DEADLINE FOR CONTAINER SECURITY STANDARDS AND PROCEDURES.—Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4)) 

is amended by— 

(1) striking ‘‘(1) DEADLINE FOR ENFORCEMENT.—’’ and 

inserting the following: 

‘‘(1) DEADLINE FOR ENFORCEMENT.— ‘‘(A) ENFORCEMENT OF RULE.—’’; and 

(2) adding at the end the following: 

‘‘(B) INTERIM REQUIREMENT.—If the interim final rule 

described in paragraph (2) is not issued by April 1, 2008, 

then— 

‘‘(i) effective not later than October 15, 2008, all 

containers in transit to the United States shall be 

required to meet the requirements of International 

Organization for Standardization Publicly Available 

Specification 17712 standard for sealing containers; 

and 

‘‘(ii) the requirements of this subparagraph shall 

cease to be effective upon the effective date of the 

interim final rule issued pursuant to this subsection.’’. 

TITLE XVIII—PREVENTING WEAPONS 

OF MASS DESTRUCTION PROLIFERATION AND TERRORISM 

SEC. 1801. FINDINGS. 

The 9/11 Commission has made the following recommendations: 

(1) STRENGTHEN ‘‘COUNTER-PROLIFERATION’’ EFFORTS.—The 

United States should work with the international community 

to develop laws and an international legal regime with universal jurisdiction to enable any state in the world to capture, 

interdict, and prosecute smugglers of nuclear material. 

(2) EXPAND THE PROLIFERATION SECURITY INITIATIVE.—In 

carrying out the Proliferation Security Initiative, the United 

States should— 

(A) use intelligence and planning resources of the 

North Atlantic Treaty Organization (NATO) alliance; 

(B) make participation open to non-NATO countries; 

and 

(C) encourage Russia and the People’s Republic of 

China to participate. 

(3) SUPPORT THE COOPERATIVE THREAT REDUCTION PROGRAM.—The United States should expand, improve, increase 

resources for, and otherwise fully support the Cooperative 

Threat Reduction program. 

SEC. 1802. DEFINITIONS. 

In this title: 

(1) The terms ‘‘prevention of weapons of mass destruction 

proliferation and terrorism’’ and ‘‘prevention of WMD proliferation and terrorism’’ include activities under— 

(A) the programs specified in section 1501(b) of the 

National Defense Authorization Act for Fiscal Year 1997 

(Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note); 
H. R. 1—227 

(B) the programs for which appropriations are authorized by section 3101(a)(2) of the Bob Stump National 

Defense Authorization Act for Fiscal Year 2003 (Public 

Law 107–314; 116 Stat. 2729); 

(C) programs authorized by section 504 of the Freedom 

for Russia and Emerging Eurasian Democracies and Open 

Markets Support Act of 1992 (the FREEDOM Support Act) 

(22 U.S.C. 5854) and programs authorized by section 1412 

of the Former Soviet Union Demilitarization Act of 1992 

(22 U.S.C. 5902); and 

(D) a program of any agency of the Federal Government 

having a purpose similar to that of any of the programs 

identified in subparagraphs (A) through (C), as designated 

by the United States Coordinator for the Prevention of 

Weapons of Mass Destruction Proliferation and Terrorism 

and the head of the agency. 

(2) The terms ‘‘weapons of mass destruction’’ and ‘‘WMD’’ 

mean chemical, biological, and nuclear weapons, and chemical, 

biological, and nuclear materials used in the manufacture of 

such weapons. 

(3) The term ‘‘items of proliferation concern’’ means— 

(A) equipment, materials, or technology listed in— 

(i) the Trigger List of the Guidelines for Nuclear 

Transfers of the Nuclear Suppliers Group; 

(ii) the Annex of the Guidelines for Transfers of 

Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology of the Nuclear Suppliers 

Group; or 

(iii) any of the Common Control Lists of the Australia Group; and 

(B) any other sensitive items. 

Subtitle A—Repeal and Modification of 

Limitations on Assistance for Prevention 

of WMD Proliferation and Terrorism 

SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM. 

Consistent with the recommendations of the 9/11 Commission, 

Congress repeals or modifies the limitations on assistance for 

prevention of weapons of mass destruction proliferation and terrorism as follows: 

(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991.—Subsections (b) and (c) of section 211 of the Soviet Nuclear Threat 

Reduction Act of 1991 (title II of Public Law 102–228; 22 

U.S.C. 2551 note) are repealed. 

(2) COOPERATIVE THREAT REDUCTION ACT OF 1993.—Section 

1203(d) of the Cooperative Threat Reduction Act of 1993 (title 

XII of Public Law 103–160; 22 U.S.C. 5952(d)) is repealed. 

(3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES.— Section 1305 of the National Defense Authorization Act for 

Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 5952 note) 

is repealed. 
H. R. 1—228 

(4) AUTHORITY TO USE COOPERATIVE THREAT REDUCTION

FUNDS OUTSIDE THE FORMER SOVIET UNION—MODIFICATION OF

CERTIFICATION REQUIREMENT; CONGRESSIONAL NOTICE REQUIREMENT.—Section 1308 of the National Defense Authorization 

Act for Fiscal Year 2004 (Public Law 108–136; 22 U.S.C. 5963) 

is amended— 

(A) in subsection (a)— 

(i) by striking ‘‘the President may’’ and inserting 

‘‘the Secretary of Defense may’’; and 

(ii) by striking ‘‘if the President’’ and inserting 

‘‘if the Secretary of Defense, with the concurrence of 

the Secretary of State,’’; 

(B) in subsection (d)(1)— 

(i) by striking ‘‘The President may not’’ and 

inserting ‘‘The Secretary of Defense may not’’; and 

(ii) by striking ‘‘until the President’’ and inserting 

‘‘until the Secretary of Defense, with the concurrence 

of the Secretary of State,’’; 

(C) in subsection (d)(2)— 

(i) by striking ‘‘Not later than 10 days after’’ and 

inserting ‘‘Not later than 15 days prior to’’; 

(ii) by striking ‘‘the President shall’’ and inserting 

‘‘the Secretary of Defense shall’’; and 

(iii) by striking ‘‘Congress’’ and inserting ‘‘the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the 

Committee on Armed Services and the Committee on 

Foreign Relations of the Senate’’; and 

(D) in subsection (d) by adding at the end the following: 

‘‘(3) In the case of a situation that threatens human life or 

safety or where a delay would severely undermine the national 

security of the United States, notification under paragraph (2) 

shall be made not later than 10 days after obligating funds under 

the authority in subsection (a) for a project or activity.’’. 

Subtitle B—Proliferation Security 

Initiative 

SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS 

AND AUTHORITIES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress, consistent 

with the 9/11 Commission’s recommendations, that the President 

should strive to expand and strengthen the Proliferation Security 

Initiative (in this subtitle referred to as ‘‘PSI’’) announced by the 

President on May 31, 2003, with a particular emphasis on the 

following: 

(1) Issuing a presidential directive to the relevant United 

States Government agencies and departments that directs such 

agencies and departments to— 

(A) establish clear PSI authorities, responsibilities, and 

structures; 

(B) include in the budget request for each such agency 

or department for each fiscal year, a request for funds 

necessary for United States PSI-related activities; and 
H. R. 1—229 

(C) provide other necessary resources to achieve more 

efficient and effective performance of United States PSIrelated activities. 

(2) Increasing PSI cooperation with all countries. 

(3) Implementing the recommendations of the Government 

Accountability Office (GAO) in the September 2006 report titled 

‘‘Better Controls Needed to Plan and Manage Proliferation 

Security Initiative Activities’’ (GAO–06–937C) regarding the 

following: 

(A) The Department of Defense and the Department 

of State should establish clear PSI roles and responsibilities, policies and procedures, interagency communication 

mechanisms, documentation requirements, and indicators 

to measure program results. 

(B) The Department of Defense and the Department 

of State should develop a strategy to work with PSI-participating countries to resolve issues that are impediments 

to conducting successful PSI interdictions. 

(4) Establishing a multilateral mechanism to increase 

coordination, cooperation, and compliance among PSI-participating countries. 

(b) BUDGET SUBMISSION.— (1) IN GENERAL.—Each fiscal year in which activities are 

planned to be carried out under the PSI, the President shall 

include in the budget request for each participating United 

States Government agency or department for that fiscal year, 

a description of the funding and the activities for which the 

funding is requested for each such agency or department. 

(2) REPORT.—Not later than the first Monday in February 

of each year in which the President submits a budget request 

described in paragraph (1), the Secretary of Defense and the 

Secretary of State shall submit to Congress a comprehensive 

joint report setting forth the following: 

(A) A 3-year plan, beginning with the fiscal year for 

the budget request, that specifies the amount of funding 

and other resources to be provided by the United States 

for PSI-related activities over the term of the plan, 

including the purposes for which such funding and 

resources will be used. 

(B) For the report submitted in 2008, a description 

of the PSI-related activities carried out during the 3 fiscal 

years preceding the year of the report, and for the report 

submitted in 2009 and each year thereafter, a description 

of the PSI-related activities carried out during the fiscal 

year preceding the year of the report. The description shall 

include, for each fiscal year covered by the report— 

(i) the amounts obligated and expended for such 

activities and the purposes for which such amounts 

were obligated and expended; 

(ii) a description of the participation of each department or agency of the United States Government in 

such activities; 

(iii) a description of the participation of each foreign country or entity in such activities; 

(iv) a description of any assistance provided to 

a foreign country or entity participating in such activities in order to secure such participation, in response 
H. R. 1—230 

to such participation, or in order to improve the quality 

of such participation; and 

(v) such other information as the Secretary of 

Defense and the Secretary of State determine should 

be included to keep Congress fully informed of the 

operation and activities of the PSI. 

(3) CLASSIFICATION.—The report required by paragraph (2) 

shall be in an unclassified form but may include a classified 

annex as necessary. 

(c) IMPLEMENTATION REPORT.—Not later than 180 days after 

the date of the enactment of this Act, the President shall transmit 

to the Committee on Armed Services and the Committee on Foreign 

Affairs of the House of Representatives and the Committee on 

Armed Services and the Committee on Foreign Relations of the 

Senate a report on the implementation of this section. The report 

shall include— 

(1) the steps taken to implement the recommendations 

described in paragraph (3) of subsection (a); and 

(2) the progress made toward implementing the matters 

described in paragraphs (1), (2), and (4) of subsection (a). 

(d) GAO REPORTS.—The Government Accountability Office shall 

submit to Congress, for each of fiscal years 2007, 2009, and 2011, 

a report with its assessment of the progress and effectiveness of 

the PSI, which shall include an assessment of the measures referred 

to in subsection (a). 

SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE 

COUNTRIES. 

(a) IN GENERAL.—The President is authorized to provide assistance under subsection (b) to any country that cooperates with 

the United States and with other countries allied with the United 

States to prevent the transport and transshipment of items of 

proliferation concern in its national territory or airspace or in 

vessels under its control or registry. 

(b) TYPES OF ASSISTANCE.—The assistance authorized under 

subsection (a) consists of the following: 

(1) Assistance under section 23 of the Arms Export Control 

Act (22 U.S.C. 2763). 

(2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.) 

and 5 (22 U.S.C. 2347 et seq.) of part II of the Foreign Assistance Act of 1961. 

(3) Drawdown of defense excess defense articles and services under section 516 of the Foreign Assistance Act of 1961 

(22 U.S.C. 2321j). 

(c) CONGRESSIONAL NOTIFICATION.—Assistance authorized 

under this section may not be provided until at least 30 days 

after the date on which the President has provided notice thereof 

to the Committee on Armed Services, the Committee on Foreign 

Affairs, and the Committee on Appropriations of the House of 

Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations 

of the Senate, in accordance with the procedures applicable to 

reprogramming notifications under section 634A(a) of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2394–1(a)), and has certified 

to such committees that such assistance will be used in accordance 

with the requirement of subsection (e) of this section. 
H. R. 1—231 

(d) LIMITATION.—Assistance may be provided to a country under 

subsection (a) in no more than 3 fiscal years. 

(e) USE OF ASSISTANCE.—Assistance provided under this section 

shall be used to enhance the capability of the recipient country 

to prevent the transport and transshipment of items of proliferation 

concern in its national territory or airspace, or in vessels under 

its control or registry, including through the development of a 

legal framework in that country to enhance such capability by 

criminalizing proliferation, enacting strict export controls, and 

securing sensitive materials within its borders, and to enhance 

the ability of the recipient country to cooperate in PSI operations. 

(f) LIMITATION ON SHIP OR AIRCRAFT TRANSFERS.— 

(1) LIMITATION.—Except as provided in paragraph (2), the 

President may not transfer any excess defense article that 

is a vessel or an aircraft to a country that has not agreed, 

in connection with such transfer, that it will support and assist 

efforts by the United States, consistent with international law, 

to interdict items of proliferation concern until 30 days after 

the date on which the President has provided notice of the 

proposed transfer to the committees described in subsection 

(c) in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1(a)), in addition to any 

other requirement of law. 

(2) EXCEPTION.—The limitation in paragraph (1) shall not 

apply to any transfer, not involving significant military equipment, in which the primary use of the aircraft or vessel will 

be for counternarcotics, counterterrorism, or counterproliferation purposes. 

Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism 

SEC. 1831. STATEMENT OF POLICY. 

It shall be the policy of the United States, consistent with 

the 9/11 Commission’s recommendations, to eliminate any obstacles 

to timely obligating and executing the full amount of any appropriated funds for threat reduction and nonproliferation programs 

in order to accelerate and strengthen progress on preventing 

weapons of mass destruction (WMD) proliferation and terrorism. 

Such policy shall be implemented with concrete measures, such 

as those described in this title, including the removal and modification of statutory limits to executing funds, the expansion and 

strengthening of the Proliferation Security Initiative, the establishment of the Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism 

under subtitle D, and the establishment of the Commission on 

the Prevention of Weapons of Mass Destruction Proliferation and 

Terrorism under subtitle E. As a result, Congress intends that 

any funds authorized to be appropriated to programs for preventing 

WMD proliferation and terrorism under this subtitle will be 

executed in a timely manner. 
H. R. 1—232 

SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION 

PROGRAM. 

(a) FISCAL YEAR 2008.— 

(1) IN GENERAL.—Subject to paragraph (2), there are 

authorized to be appropriated to the Department of Defense 

Cooperative Threat Reduction Program such sums as may be 

necessary for fiscal year 2008 for the following purposes: 

(A) Chemical weapons destruction at Shchuch’ye, 

Russia. 

(B) Biological weapons proliferation prevention. 

(C) Acceleration, expansion, and strengthening of 

Cooperative Threat Reduction Program activities. 

(2) LIMITATION.—The sums appropriated pursuant to paragraph (1) may not exceed the amounts authorized to be appropriated by any national defense authorization Act for fiscal 

year 2008 (whether enacted before or after the date of the 

enactment of this Act) to the Department of Defense Cooperative Threat Reduction Program for such purposes. 

(b) FUTURE YEARS.—It is the sense of Congress that in fiscal 

year 2008 and future fiscal years, the President should accelerate 

and expand funding for Cooperative Threat Reduction programs 

administered by the Department of Defense and such efforts should 

include, beginning upon enactment of this Act, encouraging additional commitments by the Russian Federation and other partner 

nations, as recommended by the 9/11 Commission. 

SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY PROGRAMS TO PREVENT WEAPONS OF 

MASS DESTRUCTION PROLIFERATION AND TERRORISM. 

(a) IN GENERAL.—Subject to subsection (b), there are authorized 

to be appropriated to Department of Energy National Nuclear Security Administration Defense Nuclear Nonproliferation such sums 

as may be necessary for fiscal year 2008 to accelerate, expand, 

and strengthen the following programs to prevent weapons of mass 

destruction (WMD) proliferation and terrorism: 

(1) The Global Threat Reduction Initiative. 

(2) The Nonproliferation and International Security program. 

(3) The International Materials Protection, Control and 

Accounting program. 

(4) The Nonproliferation and Verification Research and 

Development program. 

(b) LIMITATION.—The sums appropriated pursuant to subsection 

(a) may not exceed the amounts authorized to be appropriated 

by any national defense authorization Act for fiscal year 2008 

(whether enacted before or after the date of the enactment of 

this Act) to Department of Energy National Nuclear Security 

Administration Defense Nuclear Nonproliferation for such purposes. 
H. R. 1—233 

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

of Mass Destruction Proliferation and 

Terrorism 

SEC. 1841. OFFICE OF THE UNITED STATES COORDINATOR FOR THE 

PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM. 

(a) ESTABLISHMENT.—There is established within the Executive 

Office of the President an office to be known as the ‘‘Office of 

the United States Coordinator for the Prevention of Weapons of 

Mass Destruction Proliferation and Terrorism’’ (in this section 

referred to as the ‘‘Office’’). 

(b) OFFICERS.— (1) UNITED STATES COORDINATOR.—The head of the Office 

shall be the United States Coordinator for the Prevention of 

Weapons of Mass Destruction Proliferation and Terrorism (in 

this section referred to as the ‘‘Coordinator’’). 

(2) DEPUTY UNITED STATES COORDINATOR.—There shall be 

a Deputy United States Coordinator for the Prevention of 

Weapons of Mass Destruction Proliferation and Terrorism (in 

this section referred to as the ‘‘Deputy Coordinator’’), who 

shall— 

(A) assist the Coordinator in carrying out the responsibilities of the Coordinator under this subtitle; and 

(B) serve as Acting Coordinator in the absence of the 

Coordinator and during any vacancy in the office of Coordinator. 

(3) APPOINTMENT.—The Coordinator and Deputy Coordinator shall be appointed by the President, by and with the 

advice and consent of the Senate, and shall be responsible 

on a full-time basis for the duties and responsibilities described 

in this section. 

(4) LIMITATION.—No person shall serve as Coordinator or 

Deputy Coordinator while serving in any other position in 

the Federal Government. 

(5) ACCESS BY CONGRESS.—The establishment of the Office 

of the Coordinator within the Executive Office of the President 

shall not be construed as affecting access by the Congress 

or committees of either House to— 

(A) information, documents, and studies in the possession of, or conducted by or at the direction of, the Coordinator; or 

(B) personnel of the Office of the Coordinator. 

(c) DUTIES.—The responsibilities of the Coordinator shall 

include the following: 

(1) Serving as the principal advisor to the President on 

all matters relating to the prevention of weapons of mass 

destruction (WMD) proliferation and terrorism. 

(2) Formulating a comprehensive and well-coordinated 

United States strategy and policies for preventing WMD proliferation and terrorism, including— 

(A) measurable milestones and targets to which departments and agencies can be held accountable; 
H. R. 1—234 

(B) identification of gaps, duplication, and other inefficiencies in existing activities, initiatives, and programs and 

the steps necessary to overcome these obstacles; 

(C) plans for preserving the nuclear security investment the United States has made in Russia, the former 

Soviet Union, and other countries; 

(D) prioritized plans to accelerate, strengthen, and 

expand the scope of existing initiatives and programs, 

which include identification of vulnerable sites and material and the corresponding actions necessary to eliminate 

such vulnerabilities; 

(E) new and innovative initiatives and programs to 

address emerging challenges and strengthen United States 

capabilities, including programs to attract and retain top 

scientists and engineers and strengthen the capabilities 

of United States national laboratories; 

(F) plans to coordinate United States activities, initiatives, and programs relating to the prevention of WMD 

proliferation and terrorism, including those of the Department of Energy, the Department of Defense, the Department of State, and the Department of Homeland Security, 

and including the Proliferation Security Initiative, the G– 

8 Global Partnership Against the Spread of Weapons and 

Materials of Mass Destruction, United Nations Security 

Council Resolution 1540, and the Global Initiative to Combat Nuclear Terrorism; 

(G) plans to strengthen United States commitments 

to international regimes and significantly improve cooperation with other countries relating to the prevention of WMD 

proliferation and terrorism, with particular emphasis on 

work with the international community to develop laws 

and an international legal regime with universal jurisdiction to enable any state in the world to interdict and 

prosecute smugglers of WMD material, as recommended 

by the 9/11 Commission; and 

(H) identification of actions necessary to implement 

the recommendations of the Commission on the Prevention 

of Weapons of Mass Destruction Proliferation and Terrorism established under subtitle E of this title. 

(3) Leading inter-agency coordination of United States 

efforts to implement the strategy and policies described in 

this section. 

(4) Conducting oversight and evaluation of accelerated and 

strengthened implementation of initiatives and programs to 

prevent WMD proliferation and terrorism by relevant government departments and agencies. 

(5) Overseeing the development of a comprehensive and 

coordinated budget for programs and initiatives to prevent 

WMD proliferation and terrorism, ensuring that such budget 

adequately reflects the priority of the challenges and is effectively executed, and carrying out other appropriate budgetary 

authorities. 

(d) STAFF.—The Coordinator may— 

(1) appoint, employ, fix compensation, and terminate such 

personnel as may be necessary to enable the Coordinator to 

perform his or her duties under this title; 
H. R. 1—235 

(2) direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within 

the Federal Government of personnel employed by such department or agency, in order to implement United States policy 

with regard to the prevention of WMD proliferation and terrorism; 

(3) use for administrative purposes, on a reimbursable 

basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies; 

(4) procure the services of experts and consultants in 

accordance with section 3109 of title 5, United States Code, 

relating to appointments in the Federal Service, at rates of 

compensation for individuals not to exceed the daily equivalent 

of the rate of pay payable for a position at level IV of the 

Executive Schedule under section 5315 of title 5, United States 

Code; and 

(5) use the mails in the same manner as any other department or agency of the executive branch. 

(e) CONSULTATION WITH COMMISSION.—The Office and the 

Coordinator shall regularly consult with and strive to implement 

the recommendations of the Commission on the Prevention of 

Weapons of Mass Destruction Proliferation and Terrorism, established under subtitle E of this title. 

(f) ANNUAL REPORT ON STRATEGIC PLAN.—For fiscal year 2009 

and each fiscal year thereafter, the Coordinator shall submit to 

Congress, at the same time as the submission of the budget for 

that fiscal year under title 31, United States Code, a report on 

the strategy and policies developed pursuant to subsection (c)(2), 

together with any recommendations of the Coordinator for legislative changes that the Coordinator considers appropriate with respect 

to such strategy and policies and their implementation or the Office 

of the Coordinator. 

(g) PARTICIPATION IN NATIONAL SECURITY COUNCIL AND HOME- LAND SECURITY COUNCIL.—Section 101 of the National Security 

Act of 1947 (50 U.S.C. 402) is amended— 

(1) by redesignating the last subsection (added as ‘‘(i)’’ 

by section 301 of Public Law 105–292) as subsection (k); and 

(2) by adding at the end the following: 

‘‘(l) PARTICIPATION OF COORDINATOR FOR THE PREVENTION OF

WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.— 

The United States Coordinator for the Prevention of Weapons of 

Mass Destruction Proliferation and Terrorism (or, in the Coordinator’s absence, the Deputy United States Coordinator) may, in the 

performance of the Coordinator’s duty as principal advisor to the 

President on all matters relating to the prevention of weapons 

of mass destruction proliferation and terrorism, and, subject to 

the direction of the President, attend and participate in meetings 

of the National Security Council and the Homeland Security 

Council.’’. 

SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION AND COORDINATION ON THE PREVENTION OF 

WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 

TERRORISM. 

It is the sense of the Congress that, as soon as practical, 

the President should engage the President of the Russian Federation in a discussion of the purposes and goals for the establishment 
H. R. 1—236 

of the Office of the United States Coordinator for the Prevention 

of Weapons of Mass Destruction Proliferation and Terrorism (in 

this section referred to as the ‘‘Office’’), the authorities and responsibilities of the United States Coordinator for the Prevention of 

Weapons of Mass Destruction Proliferation and Terrorism (in this 

section referred to as the ‘‘United States Coordinator’’), and the 

importance of strong cooperation between the United States Coordinator and a senior official of the Russian Federation having authorities and responsibilities for preventing weapons of mass destruction 

proliferation and terrorism commensurate with those of the United 

States Coordinator, and with whom the United States Coordinator 

should coordinate planning and implementation of activities within 

and outside of the Russian Federation having the purpose of preventing weapons of mass destruction proliferation and terrorism. 

Subtitle E—Commission on the Prevention 

of Weapons of Mass Destruction Proliferation and Terrorism 

SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION 

OF WEAPONS OF MASS DESTRUCTION PROLIFERATION 

AND TERRORISM. 

There is established the Commission on the Prevention of 

Weapons of Mass Destruction Proliferation and Terrorism (in this 

subtitle referred to as the ‘‘Commission’’). 

SEC. 1852. PURPOSES OF COMMISSION. 

(a) IN GENERAL.—The purposes of the Commission are to— 

(1) assess current activities, initiatives, and programs to 

prevent weapons of mass destruction proliferation and terrorism; and 

(2) provide a clear and comprehensive strategy and concrete 

recommendations for such activities, initiatives, and programs. 

(b) IN PARTICULAR.—The Commission shall give particular 

attention to activities, initiatives, and programs to secure all nuclear 

weapons-usable material around the world and to significantly 

accelerate, expand, and strengthen, on an urgent basis, United 

States and international efforts to prevent, stop, and counter the 

spread of nuclear weapons capabilities and related equipment, material, and technology to terrorists and states of concern. 

SEC. 1853. COMPOSITION OF COMMISSION. 

(a) MEMBERS.—The Commission shall be composed of 9 members, of whom— 

(1) 1 member shall be appointed by the leader of the 

Senate of the Democratic Party (majority or minority leader, 

as the case may be), with the concurrence of the leader of 

the House of Representatives of the Democratic party (majority 

or minority leader as the case may be), who shall serve as 

chairman of the Commission; 

(2) 2 members shall be appointed by the senior member 

of the Senate leadership of the Democratic party; 

(3) 2 members shall be appointed by the senior member 

of the Senate leadership of the Republican party; 
H. R. 1—237 

(4) 2 members shall be appointed by the senior member 

of the leadership of the House of Representatives of the Democratic party; and 

(5) 2 members shall be appointed by the senior member 

of the leadership of the House of Representatives of the Republican party. 

(b) QUALIFICATIONS.—It is the sense of Congress that individuals appointed to the Commission should be prominent United 

States citizens, with significant depth of experience in the nonproliferation or arms control fields. 

(c) DEADLINE FOR APPOINTMENT.—All members of the Commission shall be appointed within 90 days of the date of the enactment 

of this Act. 

(d) INITIAL MEETING.—The Commission shall meet and begin 

the operations of the Commission as soon as practicable. 

(e) QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of 

its members. Six members of the Commission shall constitute a 

quorum. Any vacancy in the Commission shall not affect its powers, 

but shall be filled in the same manner in which the original appointment was made. 

SEC. 1854. RESPONSIBILITIES OF COMMISSION. 

(a) IN GENERAL.—The Commission shall address— 

(1) the roles, missions, and structure of all relevant government departments, agencies, and other actors, including the 

Office of the United States Coordinator for the Prevention 

of Weapons of Mass Destruction Proliferation and Terrorism 

established under subtitle D of this title; 

(2) inter-agency coordination; 

(3) United States commitments to international regimes 

and cooperation with other countries; and 

(4) the threat of weapons of mass destruction proliferation 

and terrorism to the United States and its interests and allies, 

including the threat posed by black-market networks, and the 

effectiveness of the responses by the United States and the 

international community to such threats. 

(b) FOLLOW-ON BAKER-CUTLER REPORT.—The Commission shall 

also reassess, and where necessary update and expand on, the 

conclusions and recommendations of the report titled ‘‘A Report 

Card on the Department of Energy’s Nonproliferation Programs 

with Russia’’ of January 2001 (also known as the ‘‘Baker-Cutler 

Report’’) and implementation of such recommendations. 

SEC. 1855. POWERS OF COMMISSION. 

(a) HEARINGS AND EVIDENCE.—The Commission or, on the 

authority of the Commission, any subcommittee or member thereof, 

may, for the purpose of carrying out this subtitle, hold such hearings 

and sit and act at such times and places, take such testimony, 

receive such evidence, and administer such oaths as the Commission 

or such designated subcommittee or designated member may determine advisable. 

(b) CONTRACTING.—The Commission may, to such extent and 

in such amounts as are provided in appropriations Acts, enter 

into contracts to enable the Commission to discharge its duties 

under this subtitle. 

(c) STAFF OF COMMISSION.— 
H. R. 1—238 

(1) APPOINTMENT AND COMPENSATION.—The chairman of 

the Commission, in accordance with rules agreed upon by the 

Commission, may appoint and fix the compensation of a staff 

director and such other personnel as may be necessary to 

enable the Commission to carry out its functions, without 

regard to the provisions of title 5, United States Code, governing 

appointments in the competitive service, and without regard 

to the provisions of chapter 51 and subchapter III of chapter 

53 of such title relating to classification and General Schedule 

pay rates, except that no rate of pay fixed under this subsection 

may exceed the equivalent of that payable for a position at 

level V of the Executive Schedule under section 5316 of title 

5, United States Code. 

(2) PERSONNEL AS FEDERAL EMPLOYEES.— 

(A) IN GENERAL.—The executive director and any 

employees of the Commission shall be employees under 

section 2105 of title 5, United States Code, for purposes 

of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that 

title. 

(B) MEMBERS OF COMMISSION.—Subparagraph (A) shall 

not be construed to apply to members of the Commission. 

(3) DETAILEES.—Any Federal Government employee may 

be detailed to the Commission without reimbursement from 

the Commission, and such detailee shall retain the rights, 

status, and privileges of his or her regular employment without 

interruption. 

(4) CONSULTANT SERVICES.—The Commission may procure 

the services of experts and consultants in accordance with 

section 3109 of title 5, United States Code, but at rates not 

to exceed the daily rate paid a person occupying a position 

at level IV of the Executive Schedule under section 5315 of 

title 5, United States Code. 

(5) EMPHASIS ON SECURITY CLEARANCES.—Emphasis shall 

be made to hire employees and retain contractors and detailees 

with active security clearances. 

(d) INFORMATION FROM FEDERAL AGENCIES.— 

(1) IN GENERAL.—The Commission is authorized to secure 

directly from any executive department, bureau, agency, board, 

commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates, 

and statistics for the purposes of this subtitle. Each department, 

bureau, agency, board, commission, office, independent 

establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, 

and statistics directly to the Commission, upon request made 

by the chairman, the chairman of any subcommittee created 

by a majority of the Commission, or any member designated 

by a majority of the Commission. 

(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.— 

Information shall only be received, handled, stored, and 

disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive 

orders. 

(e) ASSISTANCE FROM FEDERAL AGENCIES.— 

(1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission 
H. R. 1—239 

on a reimbursable basis administrative support and other services for the performance of the Commission’s functions. 

(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to 

the assistance prescribed in paragraph (1), departments and 

agencies of the United States may provide to the Commission 

such services, funds, facilities, staff, and other support services 

as they may determine advisable and as may be authorized 

by law. 

(f) GIFTS.—The Commission may accept, use, and dispose of 

gifts or donations of services or property. 

(g) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions 

as departments and agencies of the United States. 

SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 

ACT. 

(a) IN GENERAL.—The Federal Advisory Committee Act (5 

U.S.C. App.) shall not apply to the Commission. 

(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF

REPORTS.—The Commission shall— 

(1) hold public hearings and meetings to the extent appropriate; and 

(2) release public versions of the report required under 

section 1857. 

(c) PUBLIC HEARINGS.—Any public hearings of the Commission 

shall be conducted in a manner consistent with the protection 

of information provided to or developed for or by the Commission 

as required by any applicable statute, regulation, or Executive 

order. 

SEC. 1857. REPORT. 

Not later than 180 days after the appointment of the Commission, the Commission shall submit to the President and Congress 

a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by 

a majority of Commission members. 

SEC. 1858. TERMINATION. 

(a) IN GENERAL.—The Commission, and all the authorities of 

this subtitle, shall terminate 60 days after the date on which 

the final report is submitted under section 1857. 

(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The 

Commission may use the 60-day period referred to in subsection 

(a) for the purpose of concluding its activities, including providing 

testimony to committees of Congress concerning its report and 

disseminating the final report. 

SEC. 1859. FUNDING. 

(a) IN GENERAL.—There are authorized to be appropriated such 

sums as may be necessary for the purposes of the activities of 

the Commission under this title. 

(b) DURATION OF AVAILABILITY.—Amounts made available to 

the Commission under subsection (a) shall remain available until 

the termination of the Commission. 
H. R. 1—240 

TITLE XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES 

SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH 

INTERNATIONAL COOPERATION. 

(a) FINDINGS.—Congress finds the following: 

(1) The development and implementation of technology is 

critical to combating terrorism and other high consequence 

events and implementing a comprehensive homeland security 

strategy. 

(2) The United States and its allies in the global war 

on terrorism share a common interest in facilitating research, 

development, testing, and evaluation of equipment, capabilities, 

technologies, and services that will aid in detecting, preventing, 

responding to, recovering from, and mitigating against acts 

of terrorism. 

(3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and 

technological expertise in, homeland security. 

(4) The United States and certain of its allies in the global 

war on terrorism have a history of successful collaboration 

in developing mutually beneficial equipment, capabilities, technologies, and services in the areas of defense, agriculture, and 

telecommunications. 

(5) The United States and its allies in the global war 

on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism. 

(6) The establishment of an office to facilitate and support 

cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard 

lives and property worldwide against acts of terrorism and 

other high consequence events. 

(b) PROMOTING ANTITERRORISM THROUGH INTERNATIONAL

COOPERATION ACT.— 

(1) IN GENERAL.—Title III of the Homeland Security Act 

of 2002 (6 U.S.C. 181 et seq.) is amended by adding after 

section 316, as added by section 1101 of this Act, the following: 

‘‘SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL 

COOPERATION PROGRAM. 

‘‘(a) DEFINITIONS.—In this section: 

‘‘(1) DIRECTOR.—The term ‘Director’ means the Director 

selected under subsection (b)(2). 

‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.—The term 

‘international cooperative activity’ includes— 

‘‘(A) coordinated research projects, joint research 

projects, or joint ventures; 

‘‘(B) joint studies or technical demonstrations; 

‘‘(C) coordinated field exercises, scientific seminars, 

conferences, symposia, and workshops; 

‘‘(D) training of scientists and engineers; 
H. R. 1—241 

‘‘(E) visits and exchanges of scientists, engineers, or 

other appropriate personnel; 

‘‘(F) exchanges or sharing of scientific and technological 

information; and 

‘‘(G) joint use of laboratory facilities and equipment. 

‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECURITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.— 

‘‘(1) ESTABLISHMENT.—The Under Secretary shall establish 

the Science and Technology Homeland Security International 

Cooperative Programs Office. 

‘‘(2) DIRECTOR.—The Office shall be headed by a Director, 

who— 

‘‘(A) shall be selected, in consultation with the Assistant Secretary for International Affairs, by and shall report 

to the Under Secretary; and 

‘‘(B) may be an officer of the Department serving in 

another position. 

‘‘(3) RESPONSIBILITIES.— 

‘‘(A) DEVELOPMENT OF MECHANISMS.—The Director 

shall be responsible for developing, in coordination with 

the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other 

Federal agencies, understandings and agreements to allow 

and to support international cooperative activity in support 

of homeland security. 

‘‘(B) PRIORITIES.—The Director shall be responsible for 

developing, in coordination with the Office of International 

Affairs and other Federal agencies, strategic priorities for 

international cooperative activity for the Department in 

support of homeland security. 

‘‘(C) ACTIVITIES.—The Director shall facilitate the planning, development, and implementation of international 

cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the 

Under Secretary considers appropriate, including grants, 

cooperative agreements, or contracts to or with foreign 

public or private entities, governmental organizations, 

businesses (including small businesses and socially and 

economically disadvantaged small businesses (as those 

terms are defined in sections 3 and 8 of the Small Business 

Act (15 U.S.C. 632 and 637), respectively)), federally funded 

research and development centers, and universities. 

‘‘(D) IDENTIFICATION OF PARTNERS.—The Director shall 

facilitate the matching of United States entities engaged 

in homeland security research with non-United States entities engaged in homeland security research so that they 

may partner in homeland security research activities. 

‘‘(4) COORDINATION.—The Director shall ensure that the 

activities under this subsection are coordinated with the Office 

of International Affairs and the Department of State and, as 

appropriate, the Department of Defense, the Department of 

Energy, and other relevant Federal agencies or interagency 

bodies. The Director may enter into joint activities with other 

Federal agencies. 

‘‘(c) MATCHING FUNDING.— 

‘‘(1) IN GENERAL.— 
H. R. 1—242 

‘‘(A) EQUITABILITY.—The Director shall ensure that 

funding and resources expended in international cooperative activity will be equitably matched by the foreign 

partner government or other entity through direct funding, 

funding of complementary activities, or the provision of 

staff, facilities, material, or equipment. 

‘‘(B) GRANT MATCHING AND REPAYMENT.— 

‘‘(i) IN GENERAL.—The Secretary may require a 

recipient of a grant under this section— 

‘‘(I) to make a matching contribution of not 

more than 50 percent of the total cost of the proposed project for which the grant is awarded; and 

‘‘(II) to repay to the Secretary the amount 

of the grant (or a portion thereof), interest on 

such amount at an appropriate rate, and such 

charges for administration of the grant as the Secretary determines appropriate. 

‘‘(ii) MAXIMUM AMOUNT.—The Secretary may not 

require that repayment under clause (i)(II) be more 

than 150 percent of the amount of the grant, adjusted 

for inflation on the basis of the Consumer Price Index. 

‘‘(2) FOREIGN PARTNERS.—Partners may include Israel, the 

United Kingdom, Canada, Australia, Singapore, and other allies 

in the global war on terrorism as determined to be appropriate 

by the Secretary of Homeland Security and the Secretary of 

State. 

‘‘(3) LOANS OF EQUIPMENT.—The Director may make or 

accept loans of equipment for research and development and 

comparative testing purposes. 

‘‘(d) FOREIGN REIMBURSEMENTS.—If the Science and Technology 

Homeland Security International Cooperative Programs Office 

participates in an international cooperative activity with a foreign 

partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet its share of the 

project may be credited to appropriate current appropriations 

accounts of the Directorate of Science and Technology. 

‘‘(e) REPORT TO CONGRESS ON INTERNATIONAL COOPERATIVE

ACTIVITIES.—Not later than one year after the date of enactment 

of this section, and every 5 years thereafter, the Under Secretary, 

acting through the Director, shall submit to Congress a report 

containing— 

‘‘(1) a brief description of each grant, cooperative agreement, or contract made or entered into under subsection 

(b)(3)(C), including the participants, goals, and amount and 

sources of funding; and 

‘‘(2) a list of international cooperative activities underway, 

including the participants, goals, expected duration, and 

amount and sources of funding, including resources provided 

to support the activities in lieu of direct funding. 

‘‘(f) ANIMAL AND ZOONOTIC DISEASES.—As part of the international cooperative activities authorized in this section, the Under 

Secretary, in coordination with the Chief Medical Officer, the 

Department of State, and appropriate officials of the Department 

of Agriculture, the Department of Defense, and the Department 

of Health and Human Services, may enter into cooperative activities 

with foreign countries, including African nations, to strengthen 
H. R. 1—243 

American preparedness against foreign animal and zoonotic diseases overseas that could harm the Nation’s agricultural and public 

health sectors if they were to reach the United States. 

‘‘(g) CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF

STATE.—Nothing in this section shall be construed to alter or affect 

the following provisions of law: 

‘‘(1) Title V of the Foreign Relations Authorization Act, 

Fiscal Year 1979 (22 U.S.C. 2656a et seq.). 

‘‘(2) Section 112b(c) of title 1, United States Code. 

‘‘(3) Section 1(e)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)). 

‘‘(4) Sections 2 and 27 of the Arms Export Control Act 

(22 U.S.C. 2752 and 22 U.S.C. 2767). 

‘‘(5) Section 622(c) of the Foreign Assistance Act of 1961 

(22 U.S.C. 2382(c)). 

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

to be appropriated to carry out this section such sums as are 

necessary.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 

of contents in section 1(b) of the Homeland Security Act of 

2002 (6 U.S.C. 101 et seq.) is amended by inserting after 

the item relating to section 316, as added by section 1101 

of this Act, the following: 

‘‘Sec. 317. Promoting antiterrorism through international cooperation program.’’. 

SEC. 1902. TRANSPARENCY OF FUNDS. 

For each Federal award (as that term is defined in section 

2 of the Federal Funding Accountability and Transparency Act 

of 2006 (31 U.S.C. 6101 note)) under this title or an amendment 

made by this title, the Director of the Office of Management and 

Budget shall ensure full and timely compliance with the requirements of the Federal Funding Accountability and Transparency 

Act of 2006 (31 U.S.C. 6101 note). 

TITLE XX—9/11 COMMISSION 

INTERNATIONAL IMPLEMENTATION 

SEC. 2001. SHORT TITLE. 

This title may be cited as the ‘‘9/11 Commission International 

Implementation Act of 2007’’. 

SEC. 2002. DEFINITION. 

In this title, except as otherwise provided, the term ‘‘appropriate 

congressional committees’’— 

(1) means— 

(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; 

and 

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and 

(2) includes, for purposes of subtitle D, the Committees 

on Armed Services of the House of Representatives and of 

the Senate. 
H. R. 1—244 

Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries. 

SEC. 2011. FINDINGS; POLICY. 

(a) FINDINGS.—Congress makes the following findings: 

(1) The report of the National Commission on Terrorist 

Attacks Upon the United States stated that ‘‘[e]ducation that 

teaches tolerance, the dignity and value of each individual, 

and respect for different beliefs is a key element in any global 

strategy to eliminate Islamist terrorism’’. 

(2) The report of the National Commission on Terrorist 

Attacks Upon the United States concluded that ensuring educational opportunity is essential to the efforts of the United 

States to defeat global terrorism and recommended that the 

United States Government ‘‘should offer to join with other 

nations in generously supporting [spending funds] . . . directly 

for building and operating primary and secondary schools in 

those Muslim states that commit to sensibly investing their 

own money in public education’’. 

(3) While Congress endorsed such a program in the Intelligence Reform and Terrorism Prevention Act of 2004 (Public 

Law 108–458), such a program has not been established. 

(b) POLICY.—It is the policy of the United States— 

(1) to work toward the goal of dramatically increasing 

the availability of modern basic education through public 

schools in predominantly Muslim countries, which will reduce 

the influence of radical madrassas and other institutions that 

promote religious extremism; 

(2) to join with other countries in generously supporting 

the International Muslim Youth Opportunity Fund authorized 

under section 7114 of the Intelligence Reform and Terrorism 

Prevention Act of 2004, as amended by section 2012 of this 

Act, with the goal of building and supporting public primary 

and secondary schools in predominantly Muslim countries that 

commit to sensibly investing the resources of such countries 

in modern public education; 

(3) to offer additional incentives to increase the availability 

of modern basic education in predominantly Muslim countries; 

and 

(4) to work to prevent financing of educational institutions 

that support radical Islamic fundamentalism. 

SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND. 

Section 7114 of the Intelligence Reform and Terrorism Prevention Act of 2004 (22 U.S.C. 2228) is amended to read as follows: 

‘‘SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND. 

‘‘(a) PURPOSE.—The purpose of this section is to strengthen 

the public educational systems in predominantly Muslim countries 

by— 

‘‘(1) authorizing the establishment of an International 

Muslim Youth Educational Fund through which the United 

States dedicates resources, either through a separate fund or 
H. R. 1—245 

through an international organization, to assist those countries 

that commit to education reform; and 

‘‘(2) providing resources for the Fund and to the President 

to help strengthen the public educational systems in those 

countries. 

‘‘(b) ESTABLISHMENT OF FUND.— 

‘‘(1) AUTHORITY.—The President is authorized to establish 

an International Muslim Youth Opportunity Fund and to carry 

out programs consistent with paragraph (4) under existing 

authorities, including the Mutual Educational and Cultural 

Exchange Act of 1961 (commonly referred to as the ‘FulbrightHays Act’). 

‘‘(2) LOCATION.—The Fund may be established— 

‘‘(A) as a separate fund in the Treasury; or 

‘‘(B) through an international organization or international financial institution, such as the United Nations 

Educational, Science and Cultural Organization, the United 

Nations Development Program, or the International Bank 

for Reconstruction and Development. 

‘‘(3) TRANSFERS AND RECEIPTS.—The head of any department, agency, or instrumentality of the United States Government may transfer any amount to the Fund, and the Fund 

may receive funds from private enterprises, foreign countries, 

or other entities. 

‘‘(4) ACTIVITIES OF THE FUND.—The Fund shall support 

programs described in this paragraph to improve the education 

environment in predominantly Muslim countries. 

‘‘(A) ASSISTANCE TO ENHANCE MODERN EDUCATIONAL

PROGRAMS.— 

‘‘(i) The establishment in predominantly Muslim 

countries of a program of reform to create a modern 

education curriculum in the public educational systems 

in such countries. 

‘‘(ii) The establishment or modernization of educational materials to advance a modern educational 

curriculum in such systems. 

‘‘(iii) Teaching English to adults and children. 

‘‘(iv) The enhancement in predominantly Muslim 

countries of community, family, and student participation in the formulation and implementation of education strategies and programs in such countries. 

‘‘(B) ASSISTANCE FOR TRAINING AND EXCHANGE PROGRAMS FOR TEACHERS, ADMINISTRATORS, AND STUDENTS.— 

‘‘(i) The establishment of training programs for 

teachers and educational administrators to enhance 

skills, including the establishment of regional centers 

to train individuals who can transfer such skills upon 

return to their countries. 

‘‘(ii) The establishment of exchange programs for 

teachers and administrators in predominantly Muslim 

countries and with other countries to stimulate additional ideas and reform throughout the world, including 

teacher training exchange programs focused on primary school teachers in such countries. 

‘‘(iii) The establishment of exchange programs for 

primary and secondary students in predominantly 

Muslim countries and with other countries to foster 
H. R. 1—246 

understanding and tolerance and to stimulate longstanding relationships. 

‘‘(C) ASSISTANCE TARGETING PRIMARY AND SECONDARY

STUDENTS.— 

‘‘(i) The establishment in predominantly Muslim 

countries of after-school programs, civic education programs, and education programs focusing on life skills, 

such as inter-personal skills and social relations and 

skills for healthy living, such as nutrition and physical 

fitness. 

‘‘(ii) The establishment in predominantly Muslim 

countries of programs to improve the proficiency of 

primary and secondary students in information technology skills. 

‘‘(D) ASSISTANCE FOR DEVELOPMENT OF YOUTH PROFES- SIONALS.— 

‘‘(i) The establishment of programs in predominantly Muslim countries to improve vocational training 

in trades to help strengthen participation of Muslims 

and Arabs in the economic development of their countries. 

‘‘(ii) The establishment of programs in predominantly Muslim countries that target older Muslim 

youths not in school in such areas as entrepreneurial 

skills, accounting, micro-finance activities, work 

training, financial literacy, and information technology. 

‘‘(E) OTHER TYPES OF ASSISTANCE.— ‘‘(i) The translation of foreign books, newspapers, 

reference guides, and other reading materials into local 

languages. 

‘‘(ii) The construction and equipping of modern 

community and university libraries. 

‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(A) IN GENERAL.—There is authorized to be appropriated to the President to carry out this section such 

sums as may be necessary for fiscal years 2008, 2009, 

and 2010. 

‘‘(B) AVAILABILITY.—Amounts appropriated pursuant to 

the authorization of appropriations under subsection (a) 

are authorized to remain available until expended. 

‘‘(C) ADDITIONAL FUNDS.—Amounts authorized to be 

appropriated under subsection (a) shall be in addition to 

amounts otherwise available for such purposes. 

‘‘(6) REPORT TO CONGRESS.—Not later than 180 days after 

the date of the enactment of this section and annually thereafter until January 30, 2010, the President shall submit to 

the appropriate congressional committees a report on United 

States efforts to assist in the improvement of educational 

opportunities for predominantly Muslim children and youths, 

including the progress made toward establishing the International Muslim Youth Opportunity Fund. 

‘‘(7) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 

In this subsection, the term ‘appropriate congressional committees’ means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and 

the Committee on Foreign Relations and the Committee on 

Appropriations of the Senate.’’. 
H. R. 1—247 

SEC. 2013. ANNUAL REPORT TO CONGRESS. 

(a) IN GENERAL.—Not later than June 1 of each year until 

December 31, 2009, the Secretary of State shall submit to the 

appropriate congressional committees a report on the efforts of 

predominantly Muslim countries to increase the availability of 

modern basic education and to close educational institutions that 

promote religious extremism and terrorism. 

(b) CONTENTS.—Each report shall include— 

(1) a list of predominantly Muslim countries that are 

making serious and sustained efforts to improve the availability 

of modern basic education and to close educational institutions 

that promote religious extremism and terrorism; 

(2) a list of such countries that are making efforts to 

improve the availability of modern basic education and to close 

educational institutions that promote religious extremism and 

terrorism, but such efforts are not serious and sustained; 

(3) a list of such countries that are not making efforts 

to improve the availability of modern basic education and to 

close educational institutions that promote religious extremism 

and terrorism; and 

(4) an assessment for each country specified in each of 

paragraphs (1), (2), and (3) of the role of United States assistance with respect to the efforts made or not made to improve 

the availability of modern basic education and close educational 

institutions that promote religious extremism and terrorism. 

SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM 

COUNTRIES TO PROVIDE SCHOLARSHIPS. 

(a) FINDINGS.—Congress finds the following: 

(1) Section 7113 of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (Public Law 108–458; 22 U.S.C. 2452 

note) authorized the establishment of a pilot program to provide 

grants to American-sponsored schools in predominantly Muslim 

countries so that such schools could provide scholarships to 

young people from lower-income and middle-income families 

in such countries to attend such schools, where they could 

improve their English and be exposed to a modern education. 

(2) Since the date of the enactment of that section, the 

Middle East Partnership Initiative has pursued implementation 

of that program. 

(b) EXTENSION OF PROGRAM.— 

(1) IN GENERAL.—Section 7113 of the Intelligence Reform 

and Terrorism Prevention Act of 2004 is amended— 

(A) in the section heading by striking ‘‘PILOT’’; and 

(B) in subsection (c)— 

(i) in the subsection heading, by striking ‘‘PILOT’’; 

and 

(ii) by striking ‘‘pilot’’; 

(C) in subsection (d), by striking ‘‘pilot’’ each place 

it appears; 

(D) in subsection (f) by striking ‘‘pilot’’; 

(E) in subsection (g), in the first sentence— 

(i) by inserting ‘‘and April 15, 2008,’’ after ‘‘April 

15, 2006,’’; and 

(ii) by striking ‘‘pilot’’; and 

(F) in subsection (h)— 
H. R. 1—248 

(i) by striking ‘‘2005 and 2006’’ and inserting ‘‘2007 

and 2008’’; and 

(ii) by striking ‘‘pilot’’. 

(2) CONFORMING AMENDMENT.—Section 1(b) of such Act 

is amended, in the table of contents, by striking the item 

relating to section 7113 and inserting after section 7112 the 

following new item: 

‘‘7113. Program to provide grants to American-sponsored schools in predominantly 

Muslim countries to provide scholarships.’’. 

Subtitle B—Democracy and Development 

in the Broader Middle East Region 

SEC. 2021. MIDDLE EAST FOUNDATION. 

(a) PURPOSES.—The purposes of this section are to support, 

through the provision of grants, technical assistance, training, and 

other programs, in the countries of the broader Middle East region, 

the expansion of— 

(1) civil society; 

(2) opportunities for political participation for all citizens; 

(3) protections for internationally recognized human rights, 

including the rights of women; 

(4) educational system reforms; 

(5) independent media; 

(6) policies that promote economic opportunities for citizens; 

(7) the rule of law; and 

(8) democratic processes of government. 

(b) MIDDLE EAST FOUNDATION.— 

(1) DESIGNATION.—The Secretary of State is authorized 

to designate an appropriate private, nonprofit organization that 

is organized or incorporated under the laws of the United 

States or of a State as the Middle East Foundation (referred 

to in this section as the ‘‘Foundation’’). 

(2) FUNDING.— 

(A) AUTHORITY.—The Secretary of State is authorized 

to provide funding to the Foundation through the Middle 

East Partnership Initiative of the Department of State. 

Notwithstanding any other provision of law, the Foundation 

shall use amounts provided under this paragraph to carry 

out the purposes specified in subsection (a), including 

through making grants, using such funds as an endowment, 

and providing other assistance to entities to carry out 

programs for such purposes. 

(B) FUNDING FROM OTHER SOURCES.—In determining 

the amount of funding to provide to the Foundation, the 

Secretary of State shall take into consideration the amount 

of funds that the Foundation has received from sources 

other than the United States Government. 

(3) NOTIFICATION TO CONGRESSIONAL COMMITTEES.—The 

Secretary of State shall notify the appropriate congressional 

committees of the designation of an appropriate organization 

as the Foundation. 

(c) GRANTS FOR PROJECTS.— 

(1) FOUNDATION TO MAKE GRANTS.—The Secretary of State 

shall enter into an agreement with the Foundation that requires 
H. R. 1—249 

the Foundation to use the funds provided under subsection 

(b)(2) to make grants to persons or entities (other than governments or government entities) located in the broader Middle 

East region or working with local partners based in the broader 

Middle East region to carry out projects that support the purposes specified in subsection (a). 

(2) CENTER FOR PUBLIC POLICY.—Under the agreement 

described in paragraph (1), the Foundation may make a grant 

to an institution of higher education located in the broader 

Middle East region to create a center for public policy for 

the purpose of permitting scholars and professionals from the 

countries of the broader Middle East region and from other 

countries, including the United States, to carry out research, 

training programs, and other activities to inform public policymaking in the broader Middle East region and to promote 

broad economic, social, and political reform for the people of 

the broader Middle East region. 

(3) APPLICATIONS FOR GRANTS.—An entity seeking a grant 

from the Foundation under this section shall submit an application to the head of the Foundation at such time, in such 

manner, and containing such information as the head of the 

Foundation may reasonably require. 

(d) PRIVATE CHARACTER OF THE FOUNDATION.—Nothing in this 

section shall be construed to— 

(1) make the Foundation an agency or establishment of 

the United States Government, or to make the officers or 

employees of the Foundation officers or employees of the United 

States for purposes of title 5, United States Code; or 

(2) impose any restriction on the Foundation’s acceptance 

of funds from private and public sources in support of its 

activities consistent with the purposes specified in subsection 

(a). 

(e) LIMITATION ON PAYMENTS TO FOUNDATION PERSONNEL.— 

No part of the funds provided to the Foundation under this section 

shall inure to the benefit of any officer or employee of the Foundation, except as salary or reasonable compensation for services. 

(f) RETENTION OF INTEREST.—The Foundation may hold funds 

provided under this section in interest-bearing accounts prior to 

the disbursement of such funds to carry out the purposes specified 

in subsection (a), and may retain for such purposes any interest 

earned without returning such interest to the Treasury of the 

United States. The Foundation may retain and use such funds 

as an endowment to carry out the purposes specified in subsection 

(a). 

(g) FINANCIAL ACCOUNTABILITY.— 

(1) INDEPENDENT PRIVATE AUDITS OF THE FOUNDATION.— 

The accounts of the Foundation shall be audited annually in 

accordance with generally accepted auditing standards by independent certified public accountants or independent licensed 

public accountants certified or licensed by a regulatory 

authority of a State or other political subdivision of the United 

States. The report of the independent audit shall be included 

in the annual report required by subsection (h). 

(2) GAO AUDITS.—The financial transactions undertaken 

pursuant to this section by the Foundation may be audited 

by the Government Accountability Office in accordance with 
H. R. 1—250 

such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of 

the United States. 

(3) AUDITS OF GRANT RECIPIENTS.— 

(A) IN GENERAL.—A recipient of a grant from the 

Foundation shall agree to permit an audit of the books 

and records of such recipient related to the use of the 

grant funds. 

(B) RECORDKEEPING.—Such recipient shall maintain 

appropriate books and records to facilitate an audit referred 

to in subparagraph (A), including— 

(i) separate accounts with respect to the grant 

funds; 

(ii) records that fully disclose the use of the grant 

funds; 

(iii) records describing the total cost of any project 

carried out using grant funds; and 

(iv) the amount and nature of any funds received 

from other sources that were combined with the grant 

funds to carry out a project. 

(h) ANNUAL REPORTS.—Not later than January 31, 2008, and 

annually thereafter, the Foundation shall submit to the appropriate 

congressional committees and make available to the public a report 

that includes, for the fiscal year prior to the fiscal year in which 

the report is submitted, a comprehensive and detailed description 

of— 

(1) the operations and activities of the Foundation that 

were carried out using funds provided under this section; 

(2) grants made by the Foundation to other entities with 

funds provided under this section; 

(3) other activities of the Foundation to further the purposes specified in subsection (a); and 

(4) the financial condition of the Foundation. 

(i) BROADER MIDDLE EAST REGION DEFINED.—In this section, 

the term ‘‘broader Middle East region’’ means Afghanistan, Algeria, 

Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, 

Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, 

United Arab Emirates, West Bank and Gaza, and Yemen. 

(j) REPEAL.—Section 534(k) of Public Law 109–102 is repealed. 

Subtitle C—Reaffirming United States 

Moral Leadership 

SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC 

DIPLOMACY. 

(a) FINDING.—Congress finds that the report of the National 

Commission on Terrorist Attacks Upon the United States stated 

that ‘‘Recognizing that Arab and Muslim audiences rely on satellite 

television and radio, the government has begun some promising 

initiatives in television and radio broadcasting to the Arab world, 

Iran, and Afghanistan. These efforts are beginning to reach large 

audiences. The Broadcasting Board of Governors has asked for 

much larger resources. It should get them.’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
H. R. 1—251 

(1) the United States needs to improve its communication 

of information and ideas to people in foreign countries, particularly in countries with significant Muslim populations; and 

(2) public diplomacy should reaffirm the paramount 

commitment of the United States to democratic principles, 

including preserving the civil liberties of all the people of the 

United States, including Muslim-Americans. 

(c) SPECIAL AUTHORITY FOR SURGE CAPACITY.—The United 

States International Broadcasting Act of 1994 (22 U.S.C. 6201 et 

seq.) is amended by adding at the end the following new section: 

‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY. 

‘‘(a) EMERGENCY AUTHORITY.— ‘‘(1) IN GENERAL.—Whenever the President determines it 

to be important to the national interests of the United States 

and so certifies to the appropriate congressional committees, 

the President, on such terms and conditions as the President 

may determine, is authorized to direct any department, agency, 

or other entity of the United States to furnish the Broadcasting 

Board of Governors with such assistance outside the United 

States as may be necessary to provide international broadcasting activities of the United States with a surge capacity 

to support United States foreign policy objectives during a 

crisis abroad. 

‘‘(2) SUPERSEDES EXISTING LAW.—The authority of paragraph (1) shall supersede any other provision of law. 

‘‘(3) SURGE CAPACITY DEFINED.—In this subsection, the term 

‘surge capacity’ means the financial and technical resources 

necessary to carry out broadcasting activities in a geographical 

area during a crisis abroad. 

‘‘(4) DURATION.—The President is authorized to exercise 

the authority provided in subsection (a)(1) for a period of up 

to six months, which may be renewed for one additional six 

month period. 

‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appropriated 

to the President such sums as may be necessary for the President to carry out this section, except that no such amount 

may be appropriated which, when added to amounts previously 

appropriated for such purpose but not yet obligated, would 

cause such amounts to exceed $25,000,000. 

‘‘(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization of appropriations in this subsection 

are authorized to remain available until expended. 

‘‘(3) DESIGNATION OF APPROPRIATIONS.—Amounts appropriated pursuant to the authorization of appropriations in this 

subsection may be referred to as the ‘United States International Broadcasting Surge Capacity Fund’. 

‘‘(c) REPORT.—The annual report submitted to the President 

and Congress by the Broadcasting Board of Governors under section 

305(a)(9) shall provide a detailed description of any activities carried 

out under this section.’’. 

SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING. 

(a) TRANSCRIPTION OF PERSIAN AND ARABIC LANGUAGE BROADCASTS.—Not later than 90 days after the date of the enactment 

of this Act, the Broadcasting Board of Governors shall initiate 

a pilot project to transcribe into the English language news and 
H. R. 1—252 

information programming broadcast by Radio Farda, Radio Sawa, 

the Persian Service of the Voice of America, and Alhurra. 

(b) RANDOM SAMPLING; PUBLIC AVAILABILITY.—The transcription required under subsection (a) shall consist of a random 

sampling of such programming. The transcripts shall be available 

to Congress and the public on the Internet site of the Board. 

(c) REPORT.—Not later than May 1, 2008, the Chairman of 

the Broadcasting Board of Governors shall submit to the Committee 

on Foreign Affairs of the House of Representatives and Committee 

on Foreign Relations of the Senate a report on the feasibility and 

utility of continuing the pilot project required under subsection 

(a). 

(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the ‘‘International Broadcasting Operations’’ 

account of the Broadcasting Board of Governors $2,000,000 for 

fiscal year 2008 to carry out the pilot project required under subsection (a). 

SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, 

AND LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM 

COUNTRIES. 

(a) REPORT; CERTIFICATION.—Not later than 30 days after the 

date of the enactment of this Act and every 180 days thereafter 

until December 31, 2009, the Secretary of State shall submit to 

the appropriate congressional committees a report on the recommendations of the National Commission on Terrorist Attacks 

Upon the United States and the policy goals described in section 

7112 of the Intelligence Reform and Terrorism Prevention Act of 

2004 (Public Law 108–458) for expanding United States scholarship, 

exchange, and library programs in predominantly Muslim countries. 

Such report shall include— 

(1) a certification by the Secretary of State that such recommendations have been implemented; or 

(2) if the Secretary of State is unable to make the certification described in paragraph (1), a description of— 

(A) the steps taken to implement such recommendations and achieve such policy goals; 

(B) when the Secretary of State expects such recommendations to be implemented and such policy goals 

to be achieved; and 

(C) any allocation of resources or other actions by 

Congress the Secretary of State considers necessary to 

implement such recommendations and achieve such policy 

goals. 

(b) TERMINATION OF DUTY TO REPORT.—The duty to submit 

a report under subsection (a) shall terminate when the Secretary 

of State submits a certification pursuant to paragraph (1) of such 

subsection. 

SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES. 

(a) FINDINGS.—Congress finds the following: 

(1) The National Commission on Terrorist Attacks Upon 

the United States (commonly referred to as the ‘‘9/11 Commission’’) declared that the United States ‘‘should work with friends 

to develop mutually agreed-on principles for the detention and 

humane treatment of captured international terrorists who are 

not being held under a particular country’s criminal laws’’ 

and recommended that the United States engage its allies 
H. R. 1—253 

‘‘to develop a common coalition approach toward the detention 

and humane treatment of captured terrorists’’. 

(2) A number of investigations remain ongoing by countries 

that are close United States allies in the war on terrorism 

regarding the conduct of officials, employees, and agents of 

the United States and of other countries related to conduct 

regarding detainees. 

(3) The Secretary of State has launched an initiative to 

try to address the differences between the United States and 

many of its allies regarding the treatment of detainees. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary, acting through the Legal Adviser of the Department 

of State, should continue to build on the Secretary’s efforts to 

engage United States allies to develop a common coalition approach, 

in compliance with Common Article 3 of the Geneva Conventions 

and other applicable legal principles, toward the detention and 

humane treatment of individuals detained during Operation Iraqi 

Freedom, Operation Enduring Freedom, or in connection with 

United States counterterrorist operations. 

(c) REPORTING TO CONGRESS.— 

(1) BRIEFINGS.—The Secretary of State shall keep the 

appropriate congressional committees fully and currently 

informed of the progress of any discussions between the United 

States and its allies regarding the development of the common 

coalition approach described in subsection (b). 

(2) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the Secretary of State, in consultation 

with the Attorney General and the Secretary of Defense, shall 

submit to the appropriate congressional committees a report 

on any progress towards developing the common coalition 

approach described in subsection (b). 

(d) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means— 

(1) with respect to the House of Representatives, the Committee on Foreign Affairs, the Committee on Armed Services, 

the Committee on the Judiciary, and the Permanent Select 

Committee on Intelligence; and 

(2) with respect to the Senate, the Committee on Foreign 

Relations, the Committee on Armed Services, the Committee 

on the Judiciary, and the Select Committee on Intelligence. 

Subtitle D—Strategy for the United States 

Relationship With Afghanistan, Pakistan, 

and Saudi Arabia 

SEC. 2041. AFGHANISTAN. 

(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 

(1) A democratic, stable, and prosperous Afghanistan is 

vital to the national security of the United States and to combating international terrorism. 

(2) Following the ouster of the Taliban regime in 2001, 

the Government of Afghanistan, with assistance from the 

United States and the international community, has achieved 

some notable successes, including— 

(A) adopting a constitution; 
H. R. 1—254 

(B) holding presidential, parliamentary, and provincial 

council elections; 

(C) improving the protection of human rights, including 

women’s rights; and 

(D) expanding educational opportunities. 

(3) The following factors pose a serious and immediate 

threat to the stability of Afghanistan: 

(A) Taliban and anti-government forces, al Qaeda, and 

criminal networks. 

(B) Drug trafficking and corruption. 

(C) Weak institutions of administration, security, and 

justice, including pervasive lack of the rule of law. 

(D) Poverty, unemployment, and lack of provision of 

basic services. 

(4) The United States and the international community 

must significantly increase political, economic, and military 

support to Afghanistan to ensure its long-term stability and 

prosperity, and to deny violent extremist groups such as al 

Qaeda sanctuary in Afghanistan. 

(b) STATEMENTS OF POLICY.—The following shall be the policies 

of the United States: 

(1) The United States shall vigorously support the people 

and Government of Afghanistan as they continue to commit 

to the path toward a government representing and protecting 

the rights of all Afghans, and shall maintain its long-term 

commitment to the people of Afghanistan by increased assistance and the continued deployment of United States troops 

in Afghanistan as long as the Government of Afghanistan supports such United States involvement. 

(2) In order to reduce the ability of the Taliban and al 

Qaeda to finance their operations through the opium trade, 

the President shall engage aggressively with the Government 

of Afghanistan, countries in the region or otherwise influenced 

by the trade and transit of narcotics, as well as North Atlantic 

Treaty Organization (NATO) partners of the United States, 

and in consultation with Congress, to assess the success of 

the current Afghan counter-narcotics strategy and to explore 

additional options for addressing the narcotics crisis in Afghanistan, including possible changes in rules of engagement for 

NATO and Coalition forces for participation in actions against 

narcotics trafficking and kingpins, and the provision of comprehensive assistance to farmers who rely on opium for their 

livelihood, including through the promotion of alternative crops 

and livelihoods. 

(3) The United States shall continue to work with and 

provide assistance to the Government of Afghanistan to 

strengthen local and national government institutions and the 

rule of law, including the training of judges and prosecutors, 

and to train and equip the Afghan National Security Forces. 

(4) The United States shall continue to call on NATO 

members participating in operations in Afghanistan to meet 

their commitments to provide forces and equipment, and to 

lift restrictions on how such forces can be deployed. 

(5) The United States shall continue to foster greater understanding and cooperation between the Governments of Afghanistan and Pakistan by taking the following actions: 
H. R. 1—255 

(A) Facilitating greater communication, including 

through official mechanisms such as the Tripartite 

Commission and the Joint Intelligence Operations Center, 

and by promoting other forms of exchange between the 

parliaments and civil society of the two countries. 

(B) Urging the Government of Afghanistan to enter 

into a political dialogue with Pakistan with respect to 

all issues relating to the border between the two countries, 

with the aim of establishing a mutually-recognized and 

monitored border, open to human and economic exchange, 

and with both countries fully responsible for border security. 

(c) STATEMENT OF CONGRESS.—Congress strongly urges that 

the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 

et seq.) be reauthorized and updated to take into account new 

developments in Afghanistan and in the region so as to demonstrate 

the continued support by the United States for the people and 

Government of Afghanistan. 

(d) EMERGENCY INCREASE IN EFFECTIVE POLICE TRAINING AND

POLICING OPERATIONS.— 

(1) CONGRESSIONAL FINDING.—Congress finds that police 

training programs in Afghanistan have achieved far less return 

on substantial investment to date and require a substantive 

review and justification of the means and purposes of such 

assistance, consequent to any provision of additional resources. 

(2) ASSISTANCE AUTHORIZED.—The President shall make 

increased efforts, on an urgent basis, to— 

(A) dramatically improve the capability and effectiveness of United States and international police trainers, 

mentors, and police personnel for police training programs 

in Afghanistan, as well as develop a pretraining screening 

program; 

(B) increase the numbers of such trainers, mentors, 

and personnel only if such increase is determined to 

improve the performance and capabilities of the Afghanistan civil security forces; and 

(C) assist the Government of Afghanistan, in conjunction with the Afghanistan civil security forces and their 

leadership, in addressing the corruption crisis that is 

threatening to undermine Afghanistan’s future. 

(3) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, and every 6 months thereafter until 

September 30, 2010, the President shall transmit to the appropriate congressional committees a report on United States 

efforts to fulfill the requirements of this subsection. The report 

required by this paragraph may be transmitted concurrently 

with any similar report required by the Afghanistan Freedom 

Support Act of 2002. 

SEC. 2042. PAKISTAN. 

(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 

(1) A democratic, stable, and prosperous Pakistan that 

is a full and reliable partner in the struggle against the Taliban, 

al Qaeda, and other terrorist groups, and is a responsible 

steward of its nuclear weapons and technology, is vital to 

the national security of the United States. 
H. R. 1—256 

(2) Since September 11, 2001, the Government of Pakistan 

has been a critical ally and an important partner in removing 

the Taliban regime in Afghanistan and combating al Qaeda. 

(3) Pakistan has made great sacrifices in the shared 

struggle against al Qaeda-affiliated terrorist groups, engaging 

in military operations that have led to the deaths of hundreds 

of Pakistani security personnel and enduring acts of terrorism 

that have killed hundreds of Pakistani civilians. 

(4) Publicly-stated goals of the Government of Pakistan 

and the national interests of the United States are in close 

agreement in many areas, including— 

(A) curbing the proliferation of nuclear weapons technology; 

(B) combating poverty and corruption; 

(C) enabling effective government institutions, 

including public education; 

(D) promoting democracy and the rule of law, particularly at the national level; 

(E) addressing the continued presence of Taliban and 

other violent extremist forces throughout the country; 

(F) maintaining the authority of the Government of 

Pakistan in all parts of its national territory; 

(G) securing the borders of Pakistan to prevent the 

movement of militants and terrorists into other countries 

and territories; and 

(H) effectively dealing with violent extremism. 

(5) The opportunity exists for shared effort in helping to 

achieve correlative goals with the Government of Pakistan, 

particularly— 

(A) increased United States assistance to Pakistan, 

as appropriate, to achieve progress in meeting the goals 

of subparagraphs (A) through (C) of paragraph (4); 

(B) increased commitment on the part of the Government of Pakistan to achieve the goals of paragraph (4)(D), 

particularly given continued concerns, based on the conduct 

of previous elections, regarding whether parliamentary 

elections scheduled for 2007 will be free, fair, and inclusive 

of all political parties and carried out in full accordance 

with internationally-recognized democratic norms; and 

(C) increased commitment on the part of the Government of Pakistan to take actions described in paragraph 

(4)(E), particularly given— 

(i) the continued operation of the Taliban’s Quetta 

shura, as noted by then-North Atlantic Treaty 

Organization Supreme Allied Commander General 

James Jones in testimony before the Senate Foreign 

Relations Committee on September 21, 2006; and 

(ii) the continued operation of al Qaeda affiliates 

Lashkar-e Taiba and Jaish-e Muhammad, sometimes 

under different names, as demonstrated by the lack 

of meaningful action taken against Hafiz Muhammad 

Saeed, Maulana Masood Azhar, and other known 

leaders and members of such terrorist organizations; 

and 

(D) increased commitment on the part of the Government of the United States in regard to working with all 

elements of Pakistan society in helping to achieve the 
H. R. 1—257 

correlative goals described in subparagraphs (A) through 

(H) of paragraph (4). 

(b) STATEMENTS OF POLICY.—The following shall be the policy 

of the United States: 

(1) To maintain and deepen its friendship and long-term 

strategic relationship with Pakistan. 

(2) To work with the Government of Pakistan to combat 

international terrorism, especially in the frontier provinces of 

Pakistan, and to end the use of Pakistan as a safe haven 

for terrorist groups, including those associated with al Qaeda 

or the Taliban. 

(3) To support robust funding for programs of the United 

States Agency for International Development and the Department of State that assist the Government of Pakistan in 

working toward the goals described in subsection (a)(4), as 

the Government of Pakistan demonstrates a clear commitment 

to building a moderate, democratic state. 

(4) To work with the international community to secure 

additional financial and political support to effectively implement the policies set forth in this subsection. 

(5) To facilitate a just resolution of the dispute over the 

territory of Kashmir, to the extent that such facilitation is 

invited and welcomed by the Governments of Pakistan and 

India and by the people of Kashmir. 

(6) To facilitate greater communication and cooperation 

between the Governments of Afghanistan and Pakistan for 

the improvement of bilateral relations and cooperation in combating terrorism in both countries. 

(7) To work with the Government of Pakistan to dismantle 

existing proliferation networks and prevent the proliferation 

of nuclear technology. 

(c) STRATEGY RELATING TO PAKISTAN.— 

(1) REQUIREMENT FOR REPORT ON STRATEGY.—Not later 

than 90 days after the date of the enactment of this Act, 

the President shall transmit to the appropriate congressional 

committees a report that describes the long-term strategy of 

the United States to engage with the Government of Pakistan 

to achieve the goals described in subparagraphs (A) through 

(H) of subsection (a)(4) and to carry out the policies described 

in subsection (b). 

(2) FORM.—The report required by paragraph (1) shall be 

transmitted in unclassified form, but may include a classified 

annex, if necessary. 

(d) LIMITATION ON UNITED STATES SECURITY ASSISTANCE TO

PAKISTAN.— 

(1) LIMITATION.—For fiscal year 2008, United States assistance under chapter 2 of part II of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2311 et seq.) or section 23 of the 

Arms Export Control Act (22 U.S.C. 2763) may not be provided 

to, and a license for any item controlled under the Arms Export 

Control Act (22 U.S.C. 2751 et seq.) may not be approved 

for, Pakistan until the President transmits to the appropriate 

congressional committees a report that contains a determination of the President that the Government of Pakistan— 

(A) is committed to eliminating from Pakistani territory any organization such as the Taliban, al Qaeda, or 
H. R. 1—258 

any successor, engaged in military, insurgent, or terrorist 

activities in Afghanistan; 

(B) is undertaking a comprehensive military, legal, 

economic, and political campaign to achieving the goal 

described in subparagraph (A); and 

(C) is currently making demonstrated, significant, and 

sustained progress toward eliminating support or safe 

haven for terrorists. 

(2) MEMORANDUM OF JUSTIFICATION.—The President shall 

include in the report required by paragraph (1) a memorandum 

of justification setting forth the basis for the President’s determination under paragraph (1). 

(3) FORM.—The report required by paragraph (1) and the 

memorandum of justification required by paragraph (2) shall 

be transmitted in unclassified form, but may include a classified 

annex, if necessary. 

(e) NUCLEAR PROLIFERATION.— (1) CONGRESSIONAL FINDING.—Congress finds that the 

maintenance by any country of a procurement or supply network for the illicit proliferation of nuclear and missile technologies would be inconsistent with that country being considered an ally of the United States. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that 

the national security interest of the United States will best 

be served if the United States develops and implements a 

long-term strategy to improve the United States relationship 

with Pakistan and works with the Government of Pakistan 

to stop nuclear proliferation. 

(f) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—There is authorized to be appropriated 

to the President such sums as may be necessary to provide 

assistance described in subsection (d)(1) for Pakistan for fiscal 

year 2008 in accordance with the requirements of subsection 

(d)(1). 

(2) OTHER FUNDS.—Amounts authorized to be appropriated 

under this subsection are in addition to amounts otherwise 

available for such purposes. 

(3) DECLARATION OF POLICY.—Congress declares that the 

amount of funds appropriated pursuant to the authorization 

of appropriations under paragraph (1) and for subsequent fiscal 

years shall be determined by the extent to which the Government of Pakistan displays demonstrable progress in— 

(A) preventing al Qaeda and other terrorist organizations from operating in the territory of Pakistan, including 

eliminating terrorist training camps or facilities, arresting 

members and leaders of terrorist organizations, and countering recruitment efforts; 

(B) preventing the Taliban from using the territory 

of Pakistan as a sanctuary from which to launch attacks 

within Afghanistan, including by arresting Taliban leaders, 

stopping cross-border incursions, and countering recruitment efforts; and 

(C) implementing democratic reforms, including 

allowing free, fair, and inclusive elections at all levels 

of government in accordance with internationally-recognized democratic norms, and respecting the independence 

of the press and judiciary. 
H. R. 1—259 

(4) BIANNUAL REPORTS TO CONGRESS.— 

(A) IN GENERAL.—The Secretary of State shall submit 

to the appropriate congressional committees a biannual 

report describing in detail the extent to which the Government of Pakistan has displayed demonstrable progress in 

meeting the goals described in subparagraphs (A) through 

(C) of paragraph (3). 

(B) SCHEDULE FOR SUBMISSION.—The report required 

by subparagraph (A) shall be submitted not later than 

April 15 and October 15 of each year until October 15, 

2009. 

(C) FORM.—The report required by subparagraph (A) 

shall be submitted in unclassified form, but may include 

a classified annex, if necessary. 

(g) EXTENSION OF WAIVERS.— (1) AMENDMENTS.—The Act entitled ‘‘An Act to authorize 

the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September 30, 2003, 

and for other purposes’’, approved October 27, 2001 (Public 

Law 107–57; 115 Stat. 403), is amended— 

(A) in section 1(b)— 

(i) in the heading, to read as follows: 

‘‘(b) FISCAL YEARS 2007 AND 2008—’’; and 

(ii) in paragraph (1), by striking ‘‘any provision’’ 

and all that follows through ‘‘that prohibits’’ and 

inserting ‘‘any provision of an Act making appropriations for foreign operations, export financing, and 

related programs appropriations for fiscal year 2007 

or 2008 (or any other appropriations Act) that prohibits’’; 

(B) in section 3(2), by striking ‘‘Such provision’’ and 

all that follows through ‘‘as are’’ and inserting ‘‘Such provision of an Act making appropriations for foreign operations, 

export financing, and related programs appropriations for 

fiscal years 2002 through 2008 (or any other appropriations 

Act) as are’’; and 

(C) in section 6, by striking ‘‘the provisions’’ and all 

that follows and inserting ‘‘the provisions of this Act shall 

terminate on October 1, 2008.’’. 

(2) EFFECTIVE DATE.—The amendments made by paragraph 

(1) take effect on October 1, 2006. 

(3) SENSE OF CONGRESS.—It is the sense of Congress that 

determinations to provide extensions of waivers of foreign 

assistance prohibitions with respect to Pakistan pursuant to 

Public Law 107–57 for fiscal years after the fiscal years specified in the amendments made by paragraph (1) to Public Law 

107–57 should be informed by demonstrable progress in 

achieving the goals described in subparagraphs (A) through 

(C) of subsection (f)(3). 

SEC. 2043. SAUDI ARABIA. 

(a) CONGRESSIONAL FINDINGS.—Congress finds that: 

(1) The National Commission on Terrorist Attacks Upon 

the United States concluded that the Kingdom of Saudi Arabia 

has ‘‘been a problematic ally in combating Islamic extremism. 

At the level of high policy, Saudi Arabia’s leaders cooperated 

with American diplomatic initiatives aimed at the Taliban or 
H. R. 1—260 

Pakistan before 9/11. At the same time, Saudi Arabia’s society 

was a place where al Qaeda raised money directly from individuals and through charities. It was the society that produced 

15 of the 19 hijackers.’’. 

(2) Saudi Arabia has an uneven record in the fight against 

terrorism, especially with respect to terrorist financing, support 

for radical madrassas, a lack of political outlets for its citizens, 

and restrictions on religious pluralism, that poses a threat 

to the security of the United States, the international community, and Saudi Arabia itself. 

(3) The National Commission on Terrorist Attacks Upon 

the United States concluded that the ‘‘problems in the U.S.- 

Saudi relationship must be confronted, openly’’. It recommended 

that the two countries build a relationship that includes a 

‘‘shared commitment to political and economic reform . . . 

and a shared interest in greater tolerance and cultural respect, 

translating into a commitment to fight the violent extremists 

who foment hatred’’. 

(4) The United States has a national security interest in 

working with the Government of Saudi Arabia to combat international terrorists that operate within that country or that 

operate outside Saudi Arabia with the support of citizens of 

Saudi Arabia. 

(5) The United States and Saudi Arabia established a Strategic Dialogue in 2005, which provides a framework for the 

two countries to discuss a range of bilateral issues at high 

levels, including counterterrorism policy and political and economic reforms. 

(6) It is in the national security interest of the United 

States to support the Government of Saudi Arabia in undertaking a number of political and economic reforms, including 

increasing anti-terrorism operations conducted by law enforcement agencies, providing more political and religious rights 

to its citizens, increasing the rights of women, engaging in 

comprehensive educational reform, enhancing monitoring of 

charitable organizations, and promulgating and enforcing 

domestic laws and regulation on terrorist financing. 

(b) STATEMENT OF POLICY.—It is the policy of the United 

States— 

(1) to engage with the Government of Saudi Arabia to 

openly confront the issue of terrorism, as well as other problematic issues such as the lack of political freedoms; 

(2) to enhance counterterrorism cooperation with the 

Government of Saudi Arabia; and 

(3) to support the efforts of the Government of Saudi Arabia 

to make political, economic, and social reforms, including 

greater religious freedom, throughout the country. 

(c) PROGRESS IN COUNTERTERRORISM AND OTHER COOPERA- TION.— (1) REPORT.—Not later than 180 days after the date of 

the enactment of this Act, the President shall transmit to 

the appropriate congressional committees a report that— 

(A) describes the long-term strategy of the United 

States— 

(i) to engage with the Government of Saudi Arabia 

to facilitate political, economic, and social reforms, 

including greater religious freedom, that will enhance 
H. R. 1—261 

the ability of the Government of Saudi Arabia to combat international terrorism; and 

(ii) to work with the Government of Saudi Arabia 

to combat terrorism, including through effective measures to prevent and prohibit the financing of terrorists 

by Saudi institutions and citizens; and 

(B) provides an assessment of the progress made by 

Saudi Arabia since 2001 on the matters described in 

subparagraph (A), including— 

(i) whether Saudi Arabia has become a party to 

the International Convention for the Suppression of 

the Financing of Terrorism; and 

(ii) the activities and authority of the Saudi Nongovernmental National Commission for Relief and 

Charity Work Abroad. 

(2) FORM.—The report required by paragraph (1) shall be 

transmitted in unclassified form, but may include a classified 

annex, if necessary. 

TITLE XXI—ADVANCING DEMOCRATIC 

VALUES 

SEC. 2101. SHORT TITLE. 

This title may be cited as the ‘‘Advance Democratic Values, 

Address Nondemocratic Countries, and Enhance Democracy Act 

of 2007’’ or the ‘‘ADVANCE Democracy Act of 2007’’. 

SEC. 2102. FINDINGS. 

Congress finds the following: 

(1) The United States Declaration of Independence, the 

United States Constitution, and the United Nations Universal 

Declaration of Human Rights declare that all human beings 

are created equal and possess certain rights and freedoms, 

including the fundamental right to participate in the political 

life and government of their respective countries. 

(2) The development of democracy constitutes a long-term 

challenge that goes through unique phases and paces in individual countries as such countries develop democratic institutions such as a thriving civil society, a free media, and an 

independent judiciary, and must be led from within such countries, including by nongovernmental and governmental 

reformers. 

(3) Individuals, nongovernmental organizations, and movements that support democratic principles, practices, and values 

are under increasing pressure from some governments of nondemocratic countries (as well as, in some cases, from governments of democratic transition countries), including by using 

administrative and regulatory mechanisms to undermine the 

activities of such individuals, organizations, and movements. 

(4) Democratic countries have a number of instruments 

available for supporting democratic reformers who are committed to promoting effective, nonviolent change in nondemocratic countries and who are committed to keeping their countries on the path to democracy. 

(5) United States efforts to promote democracy and protect 

human rights can be strengthened to improve assistance for 
H. R. 1—262 

such reformers, including through an enhanced role for United 

States diplomats when properly trained and given the right 

incentives. 

(6) The promotion of democracy requires a broad-based 

effort with cooperation between all democratic countries, 

including through the Community of Democracies. 

SEC. 2103. STATEMENT OF POLICY. 

It is the policy of the United States— 

(1) to promote freedom and democracy in foreign countries 

as a fundamental component of United States foreign policy, 

along with other key foreign policy goals; 

(2) to affirm fundamental freedoms and internationally recognized human rights in foreign countries, as reflected in the 

Universal Declaration of Human Rights and the International 

Covenant on Civil and Political Rights, and to condemn offenses 

against those freedoms and rights as a fundamental component 

of United States foreign policy, along with other key foreign 

policy goals; 

(3) to protect and promote such fundamental freedoms and 

rights, including the freedoms of association, of expression, 

of the press, and of religion, and the right to own private 

property; 

(4) to commit to the long-term challenge of promoting universal democracy by promoting democratic institutions, 

including institutions that support the rule of law (such as 

an independent judiciary), an independent and professional 

media, strong legislatures, a thriving civil society, transparent 

and professional independent governmental auditing agencies, 

civilian control of the military, and institutions that promote 

the rights of minorities and women; 

(5) to use instruments of United States influence to support, 

promote, and strengthen democratic principles, practices, and 

values, including the right to free, fair, and open elections, 

secret balloting, and universal suffrage, including by— 

(A) providing appropriate support to individuals, nongovernmental organizations, and movements located in 

nondemocratic countries that aspire to live in freedom and 

establish full democracy in such countries; and 

(B) providing political, economic, and other support 

to foreign countries and individuals, nongovernmental 

organizations, and movements that are willingly undertaking a transition to democracy; and 

(6) to strengthen cooperation with other democratic countries in order to better promote and defend shared values 

and ideals. 

SEC. 2104. DEFINITIONS. 

In this title: 

(1) ANNUAL REPORT ON ADVANCING FREEDOM AND DEMOCRACY.—The term ‘‘Annual Report on Advancing Freedom and 

Democracy’’ refers to the annual report submitted to Congress 

by the Department of State pursuant to section 665(c) of the 

Foreign Relations Authorization Act, Fiscal Year 2003 (Public 

Law 107–228; 22 U.S.C. 2151n note), in which the Department 

reports on actions taken by the United States Government 

to encourage respect for human rights and democracy. 
H. R. 1—263 

(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means the Committee 

on Foreign Affairs of the House of Representatives and the 

Committee on Foreign Relations of the Senate. 

(3) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’ 

means the Assistant Secretary of State for Democracy, Human 

Rights, and Labor. 

(4) COMMUNITY OF DEMOCRACIES AND COMMUNITY.—The 

terms ‘‘Community of Democracies’’ and ‘‘Community’’ mean 

the association of democratic countries committed to the global 

promotion of democratic principles, practices, and values, which 

held its First Ministerial Conference in Warsaw, Poland, in 

June 2000. 

(5) DEPARTMENT.—The term ‘‘Department’’ means the 

Department of State. 

(6) NONDEMOCRATIC COUNTRY OR DEMOCRATIC TRANSITION

COUNTRY.—The term ‘‘nondemocratic country’’ or ‘‘democratic 

transition country’’ shall include any country which is not governed by a fully functioning democratic form of government, 

as determined by the Secretary, taking into account the general 

consensus regarding the status of civil and political rights 

in a country by major nongovernmental organizations that conduct assessments of such conditions in countries and whether 

the country exhibits the following characteristics: 

(A) All citizens of such country have the right to, 

and are not restricted in practice from, fully and freely 

participating in the political life of such country. 

(B) The national legislative body of such country and, 

if directly elected, the head of government of such country, 

are chosen by free, fair, open, and periodic elections, by 

universal and equal suffrage, and by secret ballot. 

(C) More than one political party in such country has 

candidates who seek elected office at the national level 

and such parties are not restricted in their political activities or their process for selecting such candidates, except 

for reasonable administrative requirements commonly 

applied in countries categorized as fully democratic. 

(D) All citizens in such country have a right to, and 

are not restricted in practice from, fully exercising such 

fundamental freedoms as the freedom of expression, conscience, and peaceful assembly and association, and such 

country has a free, independent, and pluralistic media. 

(E) The current government of such country did not 

come to power in a manner contrary to the rule of law. 

(F) Such country possesses an independent judiciary 

and the government of such country generally respects 

the rule of law. 

(G) Such country does not violate other core principles 

enshrined in the United Nations Charter, the Universal 

Declaration of Human Rights, the International Covenant 

on Civil and Political Rights, United Nations Commission 

on Human Rights Resolution 1499/57 (entitled ‘‘Promotion 

of the Right to Democracy’’), and the United Nations General Assembly Resolution 55/96 (entitled ‘‘Promoting and 

consolidating democracy’’). 

(H) As applicable, whether the country has scored 

favorably on the political, civil liberties, corruption, and 
H. R. 1—264 

rule of law indicators used to determine eligibility for financial assistance disbursed from the Millennium Challenge 

Account. 

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of State. 

Subtitle A—Activities to Enhance the 

Promotion of Democracy 

SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE. 

(a) DEMOCRACY LIAISON OFFICERS.— (1) IN GENERAL.—The Secretary of State shall establish 

and staff Democracy Liaison Officer positions. Democracy Liaison Officers shall serve under the supervision of the Assistant 

Secretary. Democracy Liaison Officers may be assigned to the 

following posts: 

(A) United States missions to, or liaisons with, regional 

and multilateral organizations, including the United States 

missions to the European Union, African Union, Organization of American States, and any other appropriate regional 

organization, the Organization for Security and Cooperation in Europe, the United Nations and its relevant specialized agencies, and the North Atlantic Treaty Organization. 

(B) Regional public diplomacy centers of the Department of State. 

(C) United States combatant commands. 

(D) Other posts as designated by the Secretary. 

(2) RESPONSIBILITIES.—Each Democracy Liaison Officer 

should— 

(A) provide expertise on effective approaches to promote and build democracy; 

(B) assist in formulating and implementing strategies 

for transitions to democracy; and 

(C) carry out such other responsibilities as the Secretary or the Assistant Secretary may assign. 

(3) NEW POSITIONS.—To the fullest extent practicable, 

taking into consideration amounts appropriated to carry out 

this subsection and personnel available for assignment to the 

positions described in paragraph (1), the Democracy Liaison 

Officer positions established under subsection (a) shall be new 

positions that are in addition to existing positions with responsibility for other human rights and democracy related issues 

and programs, including positions with responsibility for labor 

issues. 

(4) RELATIONSHIP TO OTHER AUTHORITIES.—Nothing in this 

subsection may be construed as altering any authority or 

responsibility of a chief of mission or other employee of a 

diplomatic mission of the United States provided under any 

other provision of law, including any authority or responsibility 

for the development or implementation of strategies to promote 

democracy. 

(b) OFFICE RELATED TO DEMOCRATIC MOVEMENTS AND TRANSITIONS.— 

(1) ESTABLISHMENT.—There shall be identified within the 

Bureau of Democracy, Human Rights, and Labor of the Department at least one office that shall be responsible for working 
H. R. 1—265 

with democratic movements and facilitating the transition to 

full democracy of nondemocratic countries and democratic 

transition countries. 

(2) RESPONSIBILITIES.—The Assistant Secretary shall, 

including by acting through the office or offices identified pursuant to paragraph (1)— 

(A) provide support for Democratic Liaison Officers 

established under subsection (a); 

(B) develop relations with, consult with, and provide 

assistance to nongovernmental organizations, individuals, 

and movements that are committed to the peaceful promotion of democracy and fundamental rights and freedoms, 

including fostering relationships with the United States 

Government and the governments of other democratic countries; and 

(C) assist officers and employees of regional bureaus 

of the Department to develop strategies and programs to 

promote peaceful change in nondemocratic countries and 

democratic transition countries. 

(3) LIAISON.—Within the Bureau of Democracy, Human 

Rights, and Labor, the Assistant Secretary shall identify officers 

or employees who have expertise in and shall be responsible 

for working with nongovernmental organizations, individuals, 

and movements that develop relations with, consult with, and 

provide assistance to nongovernmental organizations, individuals, and movements in foreign countries that are committed 

to the peaceful promotion of democracy and fundamental rights 

and freedoms. 

(c) ACTIONS BY CHIEFS OF MISSION.—Each chief of mission 

in each nondemocratic country or democratic transition country 

should— 

(1) develop, as part of annual program planning, a strategy 

to promote democratic principles, practices, and values in each 

such foreign country and to provide support, as appropriate, 

to nongovernmental organizations, individuals, and movements 

in each such country that are committed to democratic principles, practices, and values, such as by— 

(A) consulting and coordinating with and providing 

support to such nongovernmental organizations, individuals, and movements regarding the promotion of democracy; 

(B) issuing public condemnations of violations of internationally recognized human rights, including violations 

of religious freedom, and visiting local landmarks and other 

local sites associated with nonviolent protest in support 

of democracy and freedom from oppression; and 

(C) holding periodic meetings with such nongovernmental organizations, individuals, and movements to discuss democracy and political, social, and economic freedoms; 

(2) hold ongoing discussions with the leaders of each such 

nondemocratic country or democratic transition country 

regarding progress toward a democratic system of governance 

and the development of political, social, and economic freedoms 

and respect for human rights, including freedom of religion 

or belief, in such country; and 
H. R. 1—266 

(3) conduct meetings with civil society, interviews with 

media that can directly reach citizens of each such country, 

and discussions with students and young people of each such 

country regarding progress toward a democratic system of 

governance and the development of political, social, and economic freedoms in each such country. 

(d) RECRUITMENT.—The Secretary should seek to increase the 

proportion of members of the Foreign Service who serve in the 

Bureau of Democracy, Human Rights, and Labor. 

(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Secretary such sums as may be necessary 

to carry out this section. 

SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM. 

(a) REQUIREMENT FOR PROGRAM.—The Secretary shall establish 

a Democracy Fellowship Program to enable officers of the Department to gain an additional perspective on democracy promotion 

in foreign countries by working on democracy issues in appropriate 

congressional offices or congressional committees with oversight 

over the subject matter of this title, including the Committee on 

Foreign Affairs and the Committee on Appropriations of the House 

of Representatives and the Committee on Foreign Relations and 

the Committee on Appropriations of the Senate, and international 

or nongovernmental organizations involved in democracy promotion. 

(b) SELECTION AND PLACEMENT.—The Assistant Secretary shall 

play a central role in the selection of Democracy Fellows and 

facilitate their placement in appropriate congressional offices, 

congressional committees, international organizations, and nongovernmental organizations. 

SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL 

HUMANITARIAN LAW. 

(a) IN GENERAL.—The President, with the assistance of the 

Secretary, the Under Secretary of State for Democracy and Global 

Affairs, and the Ambassador-at-Large for War Crimes Issues, shall 

collect information regarding incidents that may constitute crimes 

against humanity, genocide, slavery, or other violations of international humanitarian law. 

(b) ACCOUNTABILITY.—The President shall consider what 

actions can be taken to ensure that any government of a country 

or the leaders or senior officials of such government who are responsible for crimes against humanity, genocide, slavery, or other violations of international humanitarian law identified under subsection 

(a) are brought to account for such crimes in an appropriately 

constituted tribunal. 

Subtitle B—Strategies and Reports on 

Human Rights and the Promotion of Democracy 

SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT. 

(a) EXPANSION OF COUNTRY-SPECIFIC STRATEGIES TO PROMOTE

DEMOCRACY.— 
H. R. 1—267 

(1) COMMENDATION.—Congress commends the Secretary for 

the ongoing work by the Department to develop country-specific 

strategies for promoting democracy. 

(2) EXPANSION.—The Secretary shall expand the development of such strategies to all nondemocratic countries and 

democratic transition countries. 

(3) BRIEFINGS.—The Secretary shall keep the appropriate 

congressional committees fully and currently informed as such 

strategies are developed. 

(b) REPORT TITLE.—Section 665(c) of the Foreign Relations 

Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

2151n note) is amended, in the first sentence, by inserting ‘‘entitled 

the Annual Report on Advancing Freedom and Democracy’’ before 

the period at the end. 

(c) ENHANCED REPORT.—The Annual Report on Advancing 

Freedom and Democracy shall include, as appropriate— 

(1) United States priorities for the promotion of democracy 

and the protection of human rights for each nondemocratic 

country and democratic transition country, developed in consultation with relevant parties in such countries; and 

(2) specific actions and activities of chiefs of missions and 

other United States officials to promote democracy and protect 

human rights in each such country. 

(d) SCHEDULE OF SUBMISSION.—Section 665(c) of the Foreign 

Relations Authorization Act, Fiscal Year 2003 (Public Law 107– 

228; 22 U.S.C. 2151n note) is amended, in the second sentence, 

by striking ‘‘30 days’’ and inserting ‘‘90 days’’. 

SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS. 

(a) IN GENERAL.—The Secretary shall continue to expand the 

timely translation of the applicable parts of the Country Reports 

on Human Rights Practices required under sections 116(d) and 

502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) 

and 2304(b)), the Annual Report on International Religious Freedom 

required under section 102(b) of the International Religious 

Freedom Act of 1998 (22 U.S.C. 6412(b)), the Trafficking in Persons 

Report required under section 110(b) of the Trafficking Victims 

Protection Act of 2000 (22 U.S.C. 7107(b)), and any separate report 

on democracy and human rights policy submitted in accordance 

with section 665(c) of the Foreign Relations Authorization Act, 

Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2151n note) 

into the principal languages of as many countries as possible, with 

particular emphasis on nondemocratic countries, democratic transition countries, and countries in which extrajudicial killings, torture, 

or other serious violations of human rights have occurred. 

(b) REPORT.— 

(1) REQUIREMENT.—Not later than April 1, 2008, and 

annually thereafter through 2010, the Secretary shall submit 

to the appropriate congressional committees a report describing 

any translations of the reports specified in subsection (a) for 

the preceding year, including which of such reports have been 

translated into which principal languages and the countries 

in which such translations have been distributed by posting 

on a relevant website or elsewhere. 

(2) FORM.—The report required under paragraph (1) may 

be included in any separate report on democracy and human 
H. R. 1—268 

rights policy submitted in accordance with section 665(c) of 

the Foreign Relations Authorization Act, Fiscal Year 2003. 

Subtitle C—Advisory Committee on Democracy Promotion and the Internet 

Website of the Department of State 

SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION. 

Congress commends the Secretary for creating an Advisory 

Committee on Democracy Promotion, and it is the sense of Congress 

that the Committee should play a significant role in the Department’s transformational diplomacy by advising the Secretary 

regarding United States efforts to promote democracy and democratic transition in connection with the formulation and 

implementation of United States foreign policy and foreign assistance, including reviewing and making recommendations on— 

(1) how to improve the capacity of the Department to 

promote democracy and human rights; and 

(2) how to improve foreign assistance programs related 

to the promotion of democracy. 

SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE 

OF THE DEPARTMENT OF STATE. 

It is the sense of Congress that in order to facilitate access 

by individuals, nongovernmental organizations, and movements in 

foreign countries to documents, streaming video and audio, and 

other media regarding democratic principles, practices, and values, 

and the promotion and strengthening of democracy, the Secretary 

should take additional steps to enhance the Internet site for global 

democracy and human rights of the Department, which should 

include, where practicable, the following: 

(1) Narratives and histories, published by the United States 

Government, of significant democratic movements in foreign 

countries, particularly regarding successful nonviolent campaigns to promote democracy in non-democratic countries and 

democratic transition countries. 

(2) Narratives, published by the United States Government, 

relating to the importance of the establishment of and respect 

for internationally recognized human rights, democratic principles, practices, and values, and other fundamental freedoms. 

(3) Major human rights reports by the United States 

Government, including translations of such materials, as appropriate. 

(4) Any other documents, references, or links to appropriate 

external Internet websites (such as websites of international 

or nongovernmental organizations), including references or 

links to training materials, narratives, and histories regarding 

successful democratic movements. 
H. R. 1—269 

Subtitle D—Training in Democracy and 

Human Rights; Incentives 

SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION OF HUMAN RIGHTS. 

(a) IN GENERAL.—The Secretary shall continue to enhance 

training for members of the Foreign Service and civil service responsible for the promotion of democracy and the protection of human 

rights. Such training shall include appropriate instruction and 

training materials regarding: 

(1) International documents and United States policy 

regarding the promotion of democracy and respect for human 

rights. 

(2) United States policy regarding the promotion and 

strengthening of democracy around the world, with particular 

emphasis on the transition to democracy in nondemocratic countries and democratic transition countries. 

(3) For any member, chief of mission, or deputy chief of 

mission who is to be assigned to a nondemocratic country 

or democratic transition country, ways to promote democracy 

in such country and to assist individuals, nongovernmental 

organizations, and movements in such country that support 

democratic principles, practices, and values. 

(4) The protection of internationally recognized human 

rights (including the protection of religious freedom) and standards related to such rights, provisions of United States law 

related to such rights, diplomatic tools to promote respect for 

such rights, and the protection of individuals who have fled 

their countries due to violations of such rights. 

(b) CONSULTATION.—The Secretary, acting through the Director 

of the National Foreign Affairs Training Center of the Foreign 

Service Institute of the Department, shall consult, as appropriate, 

with nongovernmental organizations involved in the protection and 

promotion of such rights and the United States Commission on 

International Religious Freedom with respect to the training 

required by this subsection. 

(c) REPORT.—Not later than 180 days after the date of the 

enactment of this Act, the Secretary shall submit to the appropriate 

congressional committees a report containing a description of the 

current and planned training provided to Foreign Service officers 

in human rights and democracy promotion, including such training 

provided to chiefs of mission serving or preparing to serve in nondemocratic countries or democratic transition countries. 

SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY 

AWARD. 

It is the sense of Congress that— 

(1) the Secretary should further strengthen the capacity 

of the Department to carry out results-based democracy promotion efforts through the establishment of an annual award 

to be known as the ‘‘Outstanding Achievements in Advancing 

Democracy Award’’, or the ‘‘ADVANCE Democracy Award’’, that 

would be awarded to officers or employees of the Department; 

and 
H. R. 1—270 

(2) the Secretary should establish procedures for selecting 

recipients of such award, including any financial terms associated with such award. 

SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE. 

In addition to the awards and other incentives already implemented, the Secretary should increase incentives for members of 

the Foreign Service and other employees of the Department who 

take assignments relating to the promotion of democracy and the 

protection of human rights, including the following: 

(1) Providing performance pay under section 405 of the 

Foreign Service Act of 1980 (22 U.S.C. 3965) to such members 

and employees who carry out their assignment in an outstanding manner. 

(2) Considering such an assignment as a basis for promotion into the Senior Foreign Service. 

(3) Providing Foreign Service Awards under section 614 

of the Foreign Service Act of 1980 (22 U.S.C. 4013) to such 

members and employees who provide distinguished or meritorious service in the promotion of democracy or the protection 

of human rights. 

Subtitle E—Cooperation With Democratic 

Countries 

SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should cooperate with other democratic countries 

to— 

(1) promote and protect democratic principles, practices, 

and values; 

(2) promote and protect shared political, social, and economic freedoms, including the freedoms of association, of 

expression, of the press, of religion, and to own private property; 

(3) promote and protect respect for the rule of law; 

(4) develop, adopt, and pursue strategies to advance 

common interests in international organizations and multilateral institutions to which members of cooperating democratic 

countries belong; and 

(5) provide political, economic, and other necessary support 

to countries that are undergoing a transition to democracy. 

(b) COMMUNITY OF DEMOCRACIES.— 

(1) SENSE OF CONGRESS.—It is the sense of Congress that— 

(A) the Community of Democracies should develop a 

more formal mechanism for carrying out work between 

ministerial meetings, such as through the creation of a 

permanent secretariat with appropriate staff to carry out 

such work, and should establish a headquarters; and 

(B) nondemocratic countries should not participate in 

any association or group of democratic countries aimed 

at working together to promote democracy. 

(2) DETAIL OF PERSONNEL.—The Secretary is authorized 

to detail on a nonreimbursable basis any employee of the 

Department to any permanent secretariat of the Community 

of Democracies or to the government of any country that is 
H. R. 1—271 

a member of the Convening Group of the Community of Democracies. 

(c) ESTABLISHMENT OF AN OFFICE FOR MULTILATERAL DEMOC- RACY PROMOTION.—The Secretary should establish an office of 

multilateral democracy promotion with the mission to further 

develop and strengthen the institutional structure of the Community of Democracies, develop interministerial projects, enhance the 

United Nations Democracy Caucus, manage policy development 

of the United Nations Democracy Fund, and enhance coordination 

with other regional and multilateral bodies with jurisdiction over 

democracy issues. 

(d) INTERNATIONAL CENTER FOR DEMOCRATIC TRANSITION.— (1) SENSE OF CONGRESS.—It is the sense of Congress that 

the International Center for Democratic Transition, an initiative of the Government of Hungary, serves to promote practical 

projects and the sharing of best practices in the area of democracy promotion and should be supported by, in particular, the 

United States, other European countries with experiences in 

democratic transitions, and private individuals. 

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $1,000,000 for each of fiscal years 

2008, 2009, and 2010 to the Secretary for a grant to the 

International Center for Democratic Transition. Amounts 

appropriated under this paragraph are authorized to remain 

available until expended. 

Subtitle F—Funding for Promotion of 

Democracy 

SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND. 

(a) SENSE OF CONGRESS.—It is the sense of Congress that 

the United States should work with other countries to enhance 

the goals and work of the United Nations Democracy Fund, an 

essential tool to promote democracy, and in particular support 

civil society in foreign countries in their efforts to help consolidate 

democracy and bring about transformational change. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated $14,000,000 for each of fiscal years 2008 and 

2009 to the Secretary for a United States contribution to the United 

Nations Democracy Fund. 

SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS. 

(a) SENSE OF CONGRESS REGARDING USE OF INSTRUMENTS OF

DEMOCRACY PROMOTION.—It is the sense of Congress that— 

(1) United States support for democracy is strengthened 

by using a variety of different instrumentalities, such as the 

National Endowment for Democracy, the United States Agency 

for International Development, and the Department; and 

(2) the purpose of the Department’s Human Rights and 

Democracy Fund should be to support innovative programming, 

media, and materials designed to uphold democratic principles, 

practices, and values, support and strengthen democratic 

institutions, promote human rights and the rule of law, and 

build civil societies in countries around the world. 

(b) SENSE OF CONGRESS REGARDING MECHANISMS FOR DELIVERING ASSISTANCE.— 
H. R. 1—272 

(1) FINDINGS.—Congress finds the following: 

(A) Democracy assistance has many different forms, 

including assistance to promote the rule of law, build the 

capacity of civil society, political parties, and legislatures, 

improve the independence of the media and the judiciary, 

enhance independent auditing functions, and advance security sector reform. 

(B) There is a need for greater clarity on the coordination and delivery mechanisms for United States democracy 

assistance. 

(2) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary and the Administrator of the United States 

Agency for International Development should develop guidelines, in consultation with the appropriate congressional 

committees, building on the existing framework for grants, 

cooperative agreements, contracts, and other acquisition mechanisms to guide United States missions in foreign countries 

in coordinating United States democracy assistance and 

selecting the appropriate combination of such mechanisms for 

such assistance. 

TITLE XXII—INTEROPERABLE 

EMERGENCY COMMUNICATIONS 

SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS. 

(a) IN GENERAL.—Section 3006 of Public Law 109–171 (47 

U.S.C. 309 note) is amended— 

(1) by striking paragraphs (1) and (2) of subsection (a) 

and inserting the following: 

‘‘(1) may take such administrative action as is necessary 

to establish and implement— 

‘‘(A) a grant program to assist public safety agencies 

in the planning and coordination associated with, the 

acquisition of, deployment of, or training for the use of 

interoperable communications equipment, software and 

systems that— 

‘‘(i) utilize reallocated public safety spectrum for 

radio communication; 

‘‘(ii) enable interoperability with communications 

systems that can utilize reallocated public safety spectrum for radio communication; or 

‘‘(iii) otherwise improve or advance the interoperability of public safety communications systems that 

utilize other public safety spectrum bands; and 

‘‘(B) are used to establish and implement a strategic 

technology reserve to pre-position or secure interoperable 

communications in advance for immediate deployment in 

an emergency or major disaster; 

‘‘(2) shall make payments of not to exceed $1,000,000,000, 

in the aggregate, through fiscal year 2010 from the Digital 

Television Transition and Public Safety Fund established under 

section 309(j)(8)(E) of the Communications Act of 1934 (47 

U.S.C. 309(j)(8)(E)) to carry out the grant program established 

under paragraph (1), of which at least $75,000,000, in the 

aggregate, shall be used for purposes described in paragraph 

(1)(B); and 
H. R. 1—273 

‘‘(3) shall permit any funds allocated for use under paragraph (1)(B) to be used for purposes identified under paragraph 

(1)(A), if the public safety agency demonstrates that it has 

already implemented such a strategic technology reserve or 

demonstrates higher priority public safety communications 

needs.’’; 

(2) by redesignating subsections (b), (c), and (d) as subsections (h), (i), and (j), respectively, and inserting after subsection (a) the following: 

‘‘(b) ELIGIBILITY.—To be eligible for assistance under the grant 

program established under subparagraph (a)(1)(A), an applicant 

shall submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require, 

including a detailed explanation of how assistance received under 

the program would be used to improve communications interoperability and ensure interoperability with other public safety agencies 

in an emergency or a major disaster. 

‘‘(c) CRITERIA FOR STRATEGIC TECHNOLOGY RESERVES.— ‘‘(1) IN GENERAL.—In evaluating permitted uses under 

subparagraph (a)(1)(B), the Assistant Secretary shall consider 

the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence, 

and shall ensure, to the maximum extent feasible, that a 

substantial part of the reserve involves prenegotiated contracts 

and other arrangements for rapid deployment of equipment, 

supplies, and systems (and communications service related to 

such equipment, supplies, and systems), rather than the 

warehousing or storage of equipment and supplies currently 

available at the time the reserve is established. 

‘‘(2) REQUIREMENTS AND CHARACTERISTICS.—Funds provided to meet uses described in paragraph (1) shall be used 

in support of reserves that— 

‘‘(A) are capable of re-establishing communications 

when existing critical infrastructure is damaged or 

destroyed in an emergency or a major disaster; 

‘‘(B) include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite-enabled equipment (and related 

communications service), Cells-On-Wheels, Cells-On-LightTrucks, or other self-contained mobile cell sites that can 

be towed, backup batteries, generators, fuel, and computers; 

‘‘(C) include equipment on hand for the Governor of 

each State, key emergency response officials, and appropriate State or local personnel; 

‘‘(D) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology 

available from commercial sources; and 

‘‘(E) include arrangements for training to ensure that 

personnel are familiar with the operation of the equipment 

and devices to be delivered pursuant to such contracts. 

‘‘(3) ADDITIONAL CHARACTERISTICS.—Portions of the reserve 

may be virtual and may include items donated on an in-kind 

contribution basis. 

‘‘(4) ALLOCATION OF FUNDS.—In evaluating permitted uses 

under subparagraph (a)(1)(B), the Assistant Secretary shall 

take into account barriers to immediate deployment, including 
H. R. 1—274 

time and distance, that may slow the rapid deployment of 

equipment, supplies, and systems (and communications service 

related to such equipment, supplies, and systems) in the event 

of an emergency in any State. 

‘‘(d) VOLUNTARY CONSENSUS STANDARDS.—In carrying out this 

section, the Assistant Secretary, in cooperation with the Secretary 

of Homeland Security, shall identify and, if necessary, encourage 

the development and implementation of, voluntary consensus standards for interoperable communications systems to the greatest 

extent practicable, but shall not require any such standard. 

‘‘(e) INSPECTOR GENERAL REPORT AND AUDITS.— 

‘‘(1) REPORT.—Beginning with the first fiscal year beginning 

after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General 

of the Department of Commerce shall conduct an annual assessment of the management of the grant program implemented 

under subsection (a)(1) and transmit a report containing the 

findings of that assessment and any recommendations related 

thereto to the Senate Committee on Commerce, Science, and 

Transportation and the House of Representatives Committee 

on Energy and Commerce. 

‘‘(2) AUDITS.—Beginning with the first fiscal year beginning 

after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General 

of the Department of Commerce shall conduct financial audits 

of entities receiving grants from the program implemented 

under subsection (a)(1), and shall ensure that, over the course 

of 4 years, such audits cover recipients in a representative 

sample of not fewer than 25 States or territories. The results 

of any such audits shall be made publicly available via web 

site, subject to redaction as the Inspector General determines 

necessary to protect classified and other sensitive information. 

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

be construed or interpreted to preclude the use of funds under 

this section by any public safety agency for interim- or long-term 

Internet Protocol-based interoperable solutions.’’; and 

(3) by striking paragraph (3) of subsection (j), as so redesignated. 

(b) FCC VULNERABILITY ASSESSMENT AND REPORT ON EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.— 

(1) IN GENERAL.—Not later than 180 days after the date 

of enactment of this Act, the Federal Communications Commission shall conduct a vulnerability assessment of the Nation’s 

critical communications and information systems infrastructure 

and shall evaluate the technical feasibility of creating a backup emergency communications system that complements 

existing communications resources and takes into account next 

generation and advanced communications technologies. The 

overriding objective for the evaluation shall be providing a 

framework for the development of a resilient interoperable 

communications system for emergency responders in an emergency. The Commission shall consult with the National Communications System and shall evaluate all reasonable options, 

including satellites, wireless, and terrestrial-based communications systems and other alternative transport mechanisms that 

can be used in tandem with existing technologies. 
H. R. 1—275 

(2) FACTORS TO BE EVALUATED.—The evaluation under 

paragraph (1) shall include— 

(A) a survey of all Federal agencies that use terrestrial 

or satellite technology for communications security and 

an evaluation of the feasibility of using existing systems 

for the purpose of creating such an emergency back-up 

public safety communications system; 

(B) the feasibility of using private satellite, wireless, 

or terrestrial networks for emergency communications; 

(C) the technical options, cost, and deployment methods 

of software, equipment, handsets or desktop communications devices for public safety entities in major urban areas, 

and nationwide; and 

(D) the feasibility and cost of necessary changes to 

the network operations center of terrestrial-based or satellite systems to enable the centers to serve as emergency 

back-up communications systems. 

(3) REPORT.— (A) IN GENERAL.—Upon the completion of the evaluation under subsection (a), the Commission shall submit 

a report to Congress that details the findings of the evaluation, including a full inventory of existing public and private resources most efficiently capable of providing emergency communications. 

(B) CLASSIFIED INDEX.—The report on critical infrastructure under this subsection may contain a classified 

annex. 

(C) RETENTION OF CLASSIFICATION.—The classification 

of information required to be provided to Congress or any 

other department or agency under this section by the Federal Communications Commission, including the assignment of a level of classification of such information, shall 

be binding on Congress and any other department or 

agency. 

(c) JOINT ADVISORY COMMITTEE ON COMMUNICATIONS CAPABILITIES OF EMERGENCY MEDICAL AND PUBLIC HEALTH CARE FACILITIES.— 

(1) ESTABLISHMENT.—The Assistant Secretary of Commerce 

for Communications and Information and the Chairman of the 

Federal Communications Commission, in consultation with the 

Secretary of Homeland Security and the Secretary of Health 

and Human Services, shall establish a joint advisory committee 

to examine the communications capabilities and needs of emergency medical and public health care facilities. The joint 

advisory committee shall be composed of individuals with expertise in communications technologies and emergency medical 

and public health care, including representatives of Federal, 

State and local governments, industry and non-profit health 

organizations, and academia and educational institutions. 

(2) DUTIES.—The joint advisory committee shall— 

(A) assess specific communications capabilities and 

needs of emergency medical and public health care facilities, including the improvement of basic voice, data, and 

broadband capabilities; 

(B) assess options to accommodate growth of basic 

and emerging communications services used by emergency 

medical and public health care facilities; 
H. R. 1—276 

(C) assess options to improve integration of communications systems used by emergency medical and public health 

care facilities with existing or future emergency communications networks; and 

(D) report its findings to the Senate Committee on 

Commerce, Science, and Transportation and the House of 

Representatives Committee on Energy and Commerce, 

within 6 months after the date of enactment of this Act. 

(d) AUTHORIZATION OF EMERGENCY MEDICAL AND PUBLIC

HEALTH COMMUNICATIONS PILOT PROJECTS.— 

(1) IN GENERAL.—The Assistant Secretary of Commerce 

for Communications and Information may establish not more 

than 10 geographically dispersed project grants to emergency 

medical and public health care facilities to improve the capabilities of emergency communications systems in emergency medical care facilities. 

(2) MAXIMUM AMOUNT.—The Assistant Secretary may not provide more than $2,000,000 in Federal assistance under the 

pilot program to any applicant. 

(3) COST SHARING.—The Assistant Secretary may not provide more than 20 percent of the cost, incurred during the 

period of the grant, of any project under the pilot program. 

(4) MAXIMUM PERIOD OF GRANTS.—The Assistant Secretary 

may not fund any applicant under the pilot program for more 

than 3 years. 

(5) DEPLOYMENT AND DISTRIBUTION.—The Assistant Secretary shall seek to the maximum extent practicable to ensure 

a broad geographic distribution of project sites. 

(6) TRANSFER OF INFORMATION AND KNOWLEDGE.—The 

Assistant Secretary shall establish mechanisms to ensure that 

the information and knowledge gained by participants in the 

pilot program are transferred among the pilot program participants and to other interested parties, including other applicants 

that submitted applications. 

SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT. 

The Federal departments and agencies (including independent 

agencies) identified under the provisions of this title and title III 

of this Act and title VI of Public Law 109–295 shall carry out 

their respective duties and responsibilities in a manner that does 

not impede the implementation of requirements specified under 

this title and title III of this Act and title VI of Public Law 

109–295. Notwithstanding the obligations under section 1806 of 

Public Law 109–295, the provisions of this title and title III of 

this Act and title VI of Public Law 109–295 shall not preclude 

or obstruct any such department or agency from exercising its 

other authorities related to emergency communications matters. 

SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS. 

(a) IN GENERAL.—Not later than 90 days after the date of 

enactment of this Act, the Federal Communications Commission, 

in consultation with the Department of Homeland Security’s Office 

of Emergency Communications, the Office of Management of 

Budget, and the Department of State shall report to the Senate 

Committee on Commerce, Science, and Transportation and the 

House of Representatives Committee on Energy and Commerce 

on— 
H. R. 1—277 

(1) the status of the mechanism established by the President under section 7303(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating 

cross border interoperability issues between— 

(A) the United States and Canada; and 

(B) the United States and Mexico; 

(2) the status of treaty negotiations with Canada and 

Mexico regarding the coordination of the re-banding of 800 

megahertz radios, as required under the final rule of the Federal Communication Commission in the ‘‘Private Land Mobile 

Services; 800 MHz Public Safety Interface Proceeding’’ (WT 

Docket No. 02–55; ET Docket No. 00–258; ET Docket No. 95– 

18, RM–9498; RM–10024; FCC 04–168) including the status 

of any outstanding issues in the negotiations between— 

(A) the United States and Canada; and 

(B) the United States and Mexico; 

(3) communications between the Commission and the 

Department of State over possible amendments to the bilateral 

legal agreements and protocols that govern the coordination 

process for license applications seeking to use channels and 

frequencies above Line A; 

(4) the annual rejection rate for the last 5 years by the 

United States of applications for new channels and frequencies 

by Canadian private and public entities; and 

(5) any additional procedures and mechanisms that can 

be taken by the Commission to decrease the rejection rate 

for applications by United States private and public entities 

seeking licenses to use channels and frequencies above Line 

A. 

(b) UPDATED REPORTS TO BE FILED ON THE STATUS OF TREATY

OF NEGOTIATIONS.—The Federal Communications Commission, in 

conjunction with the Department of Homeland Security, the Office 

of Management of Budget, and the Department of State shall continually provide updated reports to the Committee on Commerce, 

Science, and Transportation of the Senate and the Committee on 

Energy and Commerce of the House of Representatives on the 

status of treaty negotiations under subsection (a)(2) until the appropriate United States treaty has been revised with each of— 

(1) Canada; and 

(2) Mexico. 

(c) INTERNATIONAL NEGOTIATIONS TO REMEDY SITUATION.—Not 

later than 90 days after the date of enactment of this Act, the 

Secretary of the Department of State shall report to Congress 

on— 

(1) the current process for considering applications by 

Canada for frequencies and channels by United States communities above Line A; 

(2) the status of current negotiations to reform and revise 

such process; 

(3) the estimated date of conclusion for such negotiations; 

(4) whether the current process allows for automatic denials 

or dismissals of initial applications by the Government of 

Canada, and whether such denials or dismissals are currently 

occurring; and 

(5) communications between the Department of State and 

the Federal Communications Commission pursuant to subsection (a)(3). 
H. R. 1—278 

SEC. 2204. EXTENSION OF SHORT QUORUM. 

Notwithstanding section 4(d) of the Consumer Product Safety 

Act (15 U.S.C. 2053(d)), 2 members of the Consumer Product Safety 

Commission, if they are not affiliated with the same political party, 

shall constitute a quorum for the 6-month period beginning on 

the date of enactment of this Act. 

SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN 

COMMITTEES. 

In addition to the committees specifically enumerated to receive 

reports under this title, any report transmitted under the provisions 

of this title shall also be transmitted to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))). 

TITLE XXIII—EMERGENCY 

COMMUNICATIONS MODERNIZATION 

SEC. 2301. SHORT TITLE. 

This title may be cited as the ‘‘Improving Emergency Communications Act of 2007’’. 

SEC. 2302. FUNDING FOR PROGRAM. 

Section 3011 of the Digital Television Transition and Public 

Safety Act of 2005 (Public Law 109–171; 47 U.S.C. 309 note) is 

amended— 

(1) by striking ‘‘The’’ and inserting: 

‘‘(a) IN GENERAL.—The’’; and 

(2) by adding at the end the following: 

‘‘(b) CREDIT.—The Assistant Secretary may borrow from the 

Treasury, upon enactment of the 911 Modernization Act, such sums 

as necessary, but not to exceed $43,500,000, to implement this 

section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television 

Transition and Public Safety Fund.’’. 

SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION. 

Section 158(b)(4) of the National Telecommunications and 

Information Administration Organization Act (47 U.S.C. 942(b)(4)) 

is amended by adding at the end thereof the following: ‘‘Within 

180 days after the date of enactment of the 911 Modernization 

Act, the Assistant Secretary and the Administrator shall jointly 

issue regulations updating the criteria to allow a portion of the 

funds to be used to give priority to grants that are requested 

by public safety answering points that were not capable of receiving 

911 calls as of the date of enactment of that Act, for the incremental 

cost of upgrading from Phase I to Phase II compliance. Such grants 

shall be subject to all other requirements of this section.’’. 

TITLE XXIV—MISCELLANEOUS 

PROVISIONS 

SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW. 

(a) REVIEW REQUIRED.—Title VII of the Homeland Security 

Act of 2002 is amended by adding at the end the following: 
H. R. 1—279 

‘‘SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW. 

‘‘(a) REQUIREMENT.— ‘‘(1) QUADRENNIAL REVIEWS REQUIRED.—In fiscal year 2009, 

and every 4 years thereafter, the Secretary shall conduct a 

review of the homeland security of the Nation (in this section 

referred to as a ‘quadrennial homeland security review’). 

‘‘(2) SCOPE OF REVIEWS.—Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term strategy and priorities of the 

Nation for homeland security and guidance on the programs, 

assets, capabilities, budget, policies, and authorities of the 

Department. 

‘‘(3) CONSULTATION.—The Secretary shall conduct each 

quadrennial homeland security review under this subsection 

in consultation with— 

‘‘(A) the heads of other Federal agencies, including 

the Attorney General, the Secretary of State, the Secretary 

of Defense, the Secretary of Health and Human Services, 

the Secretary of the Treasury, the Secretary of Agriculture, 

and the Director of National Intelligence; 

‘‘(B) key officials of the Department; and 

‘‘(C) other relevant governmental and nongovernmental 

entities, including State, local, and tribal government officials, members of Congress, private sector representatives, 

academics, and other policy experts. 

‘‘(4) RELATIONSHIP WITH FUTURE YEARS HOMELAND SECURITY PROGRAM.—The Secretary shall ensure that each review 

conducted under this section is coordinated with the Future 

Years Homeland Security Program required under section 874. 

‘‘(b) CONTENTS OF REVIEW.—In each quadrennial homeland 

security review, the Secretary shall— 

‘‘(1) delineate and update, as appropriate, the national 

homeland security strategy, consistent with appropriate 

national and Department strategies, strategic plans, and Homeland Security Presidential Directives, including the National 

Strategy for Homeland Security, the National Response Plan, 

and the Department Security Strategic Plan; 

‘‘(2) outline and prioritize the full range of the critical 

homeland security mission areas of the Nation; 

‘‘(3) describe the interagency cooperation, preparedness of 

Federal response assets, infrastructure, budget plan, and other 

elements of the homeland security program and policies of 

the Nation associated with the national homeland security 

strategy, required to execute successfully the full range of missions called for in the national homeland security strategy 

described in paragraph (1) and the homeland security mission 

areas outlined under paragraph (2); 

‘‘(4) identify the budget plan required to provide sufficient 

resources to successfully execute the full range of missions 

called for in the national homeland security strategy described 

in paragraph (1) and the homeland security mission areas 

outlined under paragraph (2); 

‘‘(5) include an assessment of the organizational alignment 

of the Department with the national homeland security strategy 

referred to in paragraph (1) and the homeland security mission 

areas outlined under paragraph (2); and 
H. R. 1—280 

‘‘(6) review and assess the effectiveness of the mechanisms 

of the Department for executing the process of turning the 

requirements developed in the quadrennial homeland security 

review into an acquisition strategy and expenditure plan within 

the Department. 

‘‘(c) REPORTING.— 

‘‘(1) IN GENERAL.—Not later than December 31 of the year 

in which a quadrennial homeland security review is conducted, 

the Secretary shall submit to Congress a report regarding that 

quadrennial homeland security review. 

‘‘(2) CONTENTS OF REPORT.—Each report submitted under 

paragraph (1) shall include— 

‘‘(A) the results of the quadrennial homeland security 

review; 

‘‘(B) a description of the threats to the assumed or 

defined national homeland security interests of the Nation 

that were examined for the purposes of that review; 

‘‘(C) the national homeland security strategy, including 

a prioritized list of the critical homeland security missions 

of the Nation; 

‘‘(D) a description of the interagency cooperation, 

preparedness of Federal response assets, infrastructure, 

budget plan, and other elements of the homeland security 

program and policies of the Nation associated with the 

national homeland security strategy, required to execute 

successfully the full range of missions called for in the 

applicable national homeland security strategy referred to 

in subsection (b)(1) and the homeland security mission 

areas outlined under subsection (b)(2); 

‘‘(E) an assessment of the organizational alignment 

of the Department with the applicable national homeland 

security strategy referred to in subsection (b)(1) and the 

homeland security mission areas outlined under subsection 

(b)(2), including the Department’s organizational structure, 

management systems, budget and accounting systems, 

human resources systems, procurement systems, and physical and technical infrastructure; 

‘‘(F) a discussion of the status of cooperation among 

Federal agencies in the effort to promote national homeland 

security; 

‘‘(G) a discussion of the status of cooperation between 

the Federal Government and State, local, and tribal governments in preventing terrorist attacks and preparing for 

emergency response to threats to national homeland security; 

‘‘(H) an explanation of any underlying assumptions 

used in conducting the review; and 

‘‘(I) any other matter the Secretary considers appropriate. 

‘‘(3) PUBLIC AVAILABILITY.—The Secretary shall, consistent 

with the protection of national security and other sensitive 

matters, make each report submitted under paragraph (1) publicly available on the Internet website of the Department. 

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

to be appropriated such sums as may be necessary to carry out 

this section.’’. 
H. R. 1—281 

(b) PREPARATION FOR QUADRENNIAL HOMELAND SECURITY

REVIEW.— 

(1) IN GENERAL.—During fiscal years 2007 and 2008, the 

Secretary of Homeland Security shall make preparations to 

conduct the first quadrennial homeland security review under 

section 707 of the Homeland Security Act of 2002, as added 

by subsection (a), in fiscal year 2009, including— 

(A) determining the tasks to be performed; 

(B) estimating the human, financial, and other 

resources required to perform each task; 

(C) establishing the schedule for the execution of all 

project tasks; 

(D) ensuring that these resources will be available 

as needed; and 

(E) all other preparations considered necessary by the 

Secretary. 

(2) REPORT.—Not later than 60 days after the date of 

enactment of this Act, the Secretary shall submit to Congress 

and make publicly available on the Internet website of the 

Department of Homeland Security a detailed resource plan 

specifying the estimated budget and number of staff members 

that will be required for preparation of the first quadrennial 

homeland security review. 

(c) CLERICAL AMENDMENT.—The table of sections in section 

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

to section 706 the following new item: 

‘‘Sec. 707. Quadrennial Homeland Security Review.’’. 

SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION 

OF RADICALIZATION LEADING TO IDEOLOGICALLY-BASED 

VIOLENCE. 

(a) FINDINGS.—Congress finds the following: 

(1) The United States is engaged in a struggle against 

a transnational terrorist movement of radical extremists that 

plans, prepares for, and engages in acts of ideologically-based 

violence worldwide. 

(2) The threat of radicalization that leads to ideologicallybased violence transcends borders and has been identified as 

a potential threat within the United States. 

(3) Radicalization has been identified as a precursor to 

terrorism caused by ideologically-based groups. 

(4) Countering the threat of violent extremists domestically, 

as well as internationally, is a critical element of the plan 

of the United States for success in the fight against terrorism. 

(5) United States law enforcement agencies have identified 

radicalization that leads to ideologically-based violence as an 

emerging threat and have in recent years identified cases of 

extremists operating inside the United States, known as ‘‘homegrown’’ extremists, with the intent to provide support for, or 

directly commit, terrorist attacks. 

(6) Alienation of Muslim populations in the Western world 

has been identified as a factor in the spread of radicalization 

that could lead to ideologically-based violence. 

(7) Many other factors have been identified as contributing 

to the spread of radicalization and resulting acts of ideologically-based violence. Among these is the appeal of left-wing 

and right-wing hate groups, and other hate groups, including 
H. R. 1—282 

groups operating in prisons. Other such factors must be examined and countered as well in order to protect the homeland 

from violent extremists of every kind. 

(8) Radicalization leading to ideologically-based violence 

cannot be prevented solely through law enforcement and intelligence measures. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that 

the Secretary of Homeland Security, in consultation with other 

relevant Federal agencies, should make a priority of countering 

domestic radicalization that leads to ideologically-based violence 

by— 

(1) using intelligence analysts and other experts to better 

understand the process of radicalization from sympathizer to 

activist to terrorist; 

(2) recruiting employees with diverse worldviews, skills, 

languages, and cultural backgrounds, and expertise; 

(3) consulting with experts to ensure that the lexicon used 

within public statements is precise and appropriate and does 

not aid extremists by offending religious, ethnic, and minority 

communities; 

(4) addressing prisoner radicalization and post-sentence reintegration, in concert with the Attorney General and State 

and local corrections officials; 

(5) pursuing broader avenues of dialogue with minority 

communities, including the American Muslim community, to 

foster mutual respect, understanding, and trust; and 

(6) working directly with State, local, and community 

leaders to— 

(A) educate such leaders about the threat of 

radicalization that leads to ideologically-based violence and 

the necessity of taking preventative action at the local 

level; and 

(B) facilitate the sharing of best practices from other 

countries and communities to encourage outreach to 

minority communities, including the American Muslim 

community, and develop partnerships among and between 

all religious faiths and ethnic groups. 

SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN 

COMMITTEES. 

The Committee on Commerce, Science, and Transportation of 

the Senate shall receive the reports required by the following provisions of law in the same manner and to the same extent that 

the reports are to be received by the Committee on Homeland 

Security and Governmental Affairs of the Senate: 

(1) Section 1016(j)(1) of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)). 

(2) Section 511(d) of this Act. 

(3) Subsection (a)(3)(D) of section 2022 of the Homeland 

Security Act of 2002, as added by section 101 of this Act. 

(4) Section 7215(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)). 

(5) Section 7209(b)(1)(C) of the Intelligence Reform and 

Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note). 

(6) Section 804(c) of this Act. 

(7) Section 901(b) of this Act. 

(8) Section 1002(a) of this Act. 
H. R. 1—283 

(9) Title III of this Act. 

SEC. 2404. DEMONSTRATION PROJECT. 

(a) DEMONSTRATION PROJECT REQUIRED.—Not later than 120 

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

Homeland Security shall— 

(1) establish a demonstration project to conduct demonstrations of security management systems that— 

(A) shall use a management system standards 

approach; and 

(B) may be integrated into quality, safety, environmental and other internationally adopted management systems; and 

(2) enter into one or more agreements with a private sector 

entity to conduct such demonstrations of security management 

systems. 

(b) SECURITY MANAGEMENT SYSTEM DEFINED.—In this section, 

the term ‘security management system’ means a set of guidelines 

that address the security assessment needs of critical infrastructure 

and key resources that are consistent with a set of generally 

accepted management standards ratified and adopted by a standards making body. 

SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT 

OF HOMELAND SECURITY. 

(a) RESPONSIBILITIES.—Section 701(a) of the Homeland Security 

Act of 2002 (6 U.S.C. 341) is amended— 

(1) by inserting ‘‘The Under Secretary for Management 

shall serve as the Chief Management Officer and principal 

advisor to the Secretary on matters related to the management 

of the Department, including management integration and 

transformation in support of homeland security operations and 

programs.’’ before ‘‘The Secretary’’; 

(2) by striking paragraph (7) and inserting the following: 

‘‘(7) Strategic management planning and annual performance planning and identification and tracking of performance 

measures relating to the responsibilities of the Department.’’; 

and 

(3) by striking paragraph (9), and inserting the following: 

‘‘(9) The management integration and transformation 

process, as well as the transition process, to ensure an efficient 

and orderly consolidation of functions and personnel in the 

Department and transition, including— 

‘‘(A) the development of a management integration 

strategy for the Department, and 

‘‘(B) before December 1 of any year in which a Presidential election is held, the development of a transition 

and succession plan, to be made available to the incoming 

Secretary and Under Secretary for Management, to guide 

the transition of management functions to a new Administration.’’. 

(b) APPOINTMENT AND EVALUATION.—Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as amended by subsection 

(a), is further amended by adding at the end the following: 

‘‘(c) APPOINTMENT AND EVALUATION.—The Under Secretary for 

Management shall— 

‘‘(1) be appointed by the President, by and with the advice 

and consent of the Senate, from among persons who have— 
H. R. 1—284 

‘‘(A) extensive executive level leadership and management experience in the public or private sector; 

‘‘(B) strong leadership skills; 

‘‘(C) a demonstrated ability to manage large and complex organizations; and 

‘‘(D) a proven record in achieving positive operational 

results; 

‘‘(2) enter into an annual performance agreement with the 

Secretary that shall set forth measurable individual and 

organizational goals; and 

‘‘(3) be subject to an annual performance evaluation by 

the Secretary, who shall determine as part of each such evaluation whether the Under Secretary for Management has made 

satisfactory progress toward achieving the goals set out in 

the performance agreement required under paragraph (2).’’. 

(c) DEADLINE FOR APPOINTMENT; INCUMBENT.— (1) DEADLINE FOR APPOINTMENT.—Not later than 90 days 

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

of Homeland Security shall name an individual who meets 

the qualifications of section 701 of the Homeland Security Act 

(6 U.S.C. 341), as amended by subsections (a) and (b), to serve 

as the Under Secretary of Homeland Security for Management. 

The Secretary may submit the name of the individual who 

serves in the position of Under Secretary of Homeland Security 

for Management on the date of enactment of this Act together 

with a statement that informs the Congress that the individual 

meets the qualifications of such section as so amended. 

(2) INCUMBENT.—The incumbent serving as Under Secretary of Homeland Security for Management on November 

4, 2008, is authorized to continue serving in that position 

until a successor is confirmed, to ensure continuity in the 

management functions of the Department. 

(d) SENSE OF CONGRESS WITH RESPECT TO SERVICE OF INCUM- BENTS.—It is the sense of the Congress that the person serving 

as Under Secretary of Homeland Security for Management on the 

date on which a Presidential election is held should be encouraged 

by the newly-elected President to remain in office in a new Administration until such time as a successor is confirmed by Congress. 
H. R. 1—285 

(e) EXECUTIVE SCHEDULE.—Section 5313 of title 5, United 

States Code, is amended by inserting after the item relating to 

the Deputy Secretary of Homeland Security the following: 

‘‘Under Secretary of Homeland Security for Management.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.