II 

110TH CONGRESS 

1ST SESSION S. 345 

To establish a Homeland Security and Neighborhood Safety Trust Fund 

and refocus Federal priorities toward securing the Homeland, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 22, 2007 

Mr. REID (for Mr. BIDEN) introduced the following bill; which was read twice 

and referred to the Committee on Homeland Security and Governmental 

Affairs 

A BILL 

To establish a Homeland Security and Neighborhood Safety 

Trust Fund and refocus Federal priorities toward securing the Homeland, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Homeland Security 

5 Trust Fund Act of 2007’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 

8 (1) In 2002, an independent, bipartisan com9 mission, the National Commission on Terrorist AtVerDate Aug 31 2005 22:56 Jan 23, 2007 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S345.IS S345

jlentini on PROD1PC65 with BILLS
2 

•S 345 IS

1 tacks Upon the United States (in this section re2 ferred to as the ‘‘Commission’’), was established 

3 under title VI of Public Law 107–306 to prepare a 

4 full and complete account of the circumstances sur5 rounding the September 11, 2001, terrorist attacks, 

6 including preparedness for and the immediate re7 sponse to the attacks. 

8 (2) The Commission was also tasked with pro9 viding recommendations designed to guard against 

10 future attacks against the United States. 

11 (3) The Commission held 12 public hearings to 

12 offer a public dialogue about the Commission’s goals 

13 and priorities, sought to learn about work already 

14 completed, and the state of current knowledge, all in 

15 order to identify the most important issues and 

16 questions requiring further investigation. 

17 (4) The Commission was widely praised for its 

18 thorough investigation and the bi-partisan nature of 

19 its proceedings. 

20 (5) On July 22, 2004, the Commission released 

21 its final report that set out the events leading to the 

22 attacks on September 11th, a chilling minute-by23 minute account of that tragic day, and, more impor24 tantly, issued 41 recommendations to better prepare 


jlentini on PROD1PC65 with BILLS
3 

•S 345 IS

1 the United States to protect against future terrorist 

2 attacks. 

3 (6) While the Commission was officially dis4 solved, the Commissioners stayed together to create 

5 the 9/11 Public Discourse Project in order to push 

6 for the implementation of those recommendations. 

7 (7) On December 5, 2005, the Commissioners 

8 released a report card evaluating the progress in im9 plementing those recommendations. 

10 (8) The Commissioners issued very few A’s and 

11 B’s and issued 12 D’s and 5 failing grades. 

12 (9) The failures identified by the Commis13 sioners’ report card were across the board, ranging 

14 from transportation security, to infrastructure pro15 tection and government reform. 

16 (10) Specifically, the Commissioners stated that 

17 ‘‘few improvements have been made to the existing 

18 passenger screening system since right after 9/11. 

19 The completion of the testing phase of TSA’s pre20 screening program for airline passengers has been 

21 delayed. A new system, utilizing all names on the 

22 consolidated terrorist watch list, is therefore not yet 

23 in operation.’’. 

24 (11) The Commissioners also found that 

25 ‘‘. . . No risk and vulnerability assessments actually 


jlentini on PROD1PC65 with BILLS
4 

•S 345 IS

1 made; no national priorities established; no rec2 ommendations made on allocation of scarce re3 sources. . . . It is time that we stop talking about 

4 setting priorities and actually set some.’’. 

5 (12) The Commission issued a grade of D on 

6 checked bag and cargo screening measures, stating 

7 that ‘‘improvements have not been made by the Con8 gress or the administration. Progress on implemen9 tation of in-line screening has been slow. The main 

10 impediment is inadequate funding.’’. 

11 (13) With regard to information sharing and 

12 technology, the Commission noted that ‘‘there has 

13 been no systematic diplomatic efforts to share ter14 rorist watch lists, nor has Congress taken a leader15 ship role in passport security . . .’’ and that ‘‘there 

16 remain many complaints about lack of information 

17 sharing between federal authorities and state and 

18 local level officials.’’. 

19 (14) The Administration has failed to focus on 

20 prevention here at home by abandoning our first line 

21 of defense against terrorism—local law enforcement. 

22 (15) In the President’s fiscal year 2006 budget 

23 request, the President requested a cut of over 

24 $2,000,000,000 in guaranteed assistance to law en25 forcement. 


jlentini on PROD1PC65 with BILLS
5 

•S 345 IS

1 (16) According to the International Association 

2 of Chiefs of Police, this decision represents a fun3 damentally flawed view of what is needed to prevent 

4 domestic terror attacks. 

5 (17) The Council on Foreign Relations released 

6 a report entitled, ‘‘Emergency First Responders: 

7 Drastically Underfunded, Dangerously Unprepared’’, 

8 in which the Council found that ‘‘America’s local 

9 emergency responders will always be the first to con10 front a terrorist incident and will play the central 

11 role in managing its immediate consequences. Their 

12 efforts in the first minutes and hours following an 

13 attack will be critical to saving lives, establishing 

14 order, and preventing mass panic. The United 

15 States has both a responsibility and a critical need 

16 to provide them with the equipment, training, and 

17 other resources necessary to do their jobs safely and 

18 effectively.’’. 

19 (18) The Council further concluded that many 

20 State and local emergency responders, including po21 lice officers and firefighters, lack the equipment and 

22 training needed to respond effectively to a terrorist 

23 attack involving weapons of mass destruction. 

24 (19) Current first responder funding must be 

25 increased to help local agencies create counter-terVerDate Aug 31 2005 22:56 Jan 23, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S345.IS S345

jlentini on PROD1PC65 with BILLS
6 

•S 345 IS

1 rorism units and assist such agencies to integrate 

2 community policing models with counter-terror ef3 forts. 

4 (20) First responders still do not have adequate 

5 spectrum to communicate during an emergency. 

6 Congress finally passed legislation forcing the net7 works to turn over spectrum, but the date was set 

8 for February 2008. This is unacceptable, this spec9 trum should be turned over immediately. 

10 (21) The Federal Government has a responsi11 bility to ensure that the people of the United States 

12 are protected to the greatest possible extent against 

13 a terrorist attack, especially an attack that utilizes 

14 nuclear, chemical, biological, or radiological weapons, 

15 and consequently, the Federal Government has a 

16 critical responsibility to address the equipment, 

17 training, and other needs of State and local first re18 sponders. 

19 (22) To echo the sentiments of the National 

20 Commission on Terrorist Attacks upon the United 

21 States, ‘‘it is time that we stop talking about setting 

22 priorities and actually set some.’’. 

23 (23) The cost of fully implementing all 41 rec24 ommendations put forth by the Commission and the 

25 common sense steps to secure the homeland repVerDate Aug 31 2005 22:56 Jan 23, 2007 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S345.IS S345

jlentini on PROD1PC65 with BILLS
7 

•S 345 IS

1 resents less than 1 year of President Bush’s tax cuts 

2 for millionaires. 

3 (24) By investing 1 year of the tax cuts for mil4 lionaires into a trust fund to be invested over the 

5 next 5 years, the Federal Government can imple6 ment the Commission’s recommendations and make 

7 great strides towards making our Nation safer. 

8 (25) The Americans making more than 

9 $1,000,000 understand that our country changed 

10 after 9/11, yet they have not been asked to sacrifice 

11 for the good of the Nation. 

12 (26) In this Act, we call on the patriotism of 

13 such Americans by revoking 1 year of their tax cut 

14 and investing the resulting revenues in the security 

15 of our neighbors and families. 

16 SEC. 3. DEFINITIONS. 

17 In this Act— 

18 (1) TRUST FUND.—The term ‘‘Trust Fund’’ 

19 means the Homeland Security and Neighborhood 

20 Safety Trust Fund established under section 4. 

21 (2) COMMISSION.—The term ‘‘Commission’’ 

22 means the National Commission on Terrorist At23 tacks upon the United States, established under title 

24 VI of the Intelligence Authorization Act for Fiscal 

25 Year 2003 (Pub. Law 107–306; 6 U.S.C. 101 note). 


jlentini on PROD1PC65 with BILLS
8 

•S 345 IS

1 SEC. 4. HOMELAND SECURITY AND NEIGHBORHOOD SAFE2 TY TRUST FUND. 

3 (a) ESTABLISHMENT OF TRUST FUND.—There is es4 tablished in the Treasury of the United States a trust fund 

5 to be known as the ‘‘Homeland Security and Neighbor6 hood Safety Trust Fund’’, consisting of such amounts as 

7 may be appropriated or credited to the Trust Fund. 

8 (b) RULES REGARDING TRANSFERS TO AND MAN9 AGEMENT OF TRUST FUND.—For purposes of this sec10 tion, rules similar to the rules of sections 9601 and 9602 

11 of the Internal Revenue Code of 1986 shall apply. 

12 (c) DISTRIBUTION OF AMOUNTS IN TRUST FUND.— 

13 Amounts in the Trust Fund shall be available, as provided 

14 by appropriation Acts, for making expenditures for fiscal 

15 years 2007 through 2011 to meet those obligations of the 

16 United States incurred which are authorized under section 

17 5 of this Act for such fiscal years. 

18 (d) SENSE OF THE SENATE.—It is the sense of the 

19 Senate that the Committee on Finance of the Senate 

20 should report to the Senate not later than 30 days after 

21 the date of the enactment of this Act legislation which— 

22 (1) increases revenues to the Treasury in the 

23 amount of $53,300,000,000 during taxable years 

24 2007 through 2011 by reducing scheduled and exist25 ing income tax reductions enacted since taxable year 


jlentini on PROD1PC65 with BILLS
9 

•S 345 IS

1 2001 with respect to the taxable incomes of tax2 payers in excess of $1,000,000, and 

3 (2) appropriates an amount equal to such reve4 nues to the Homeland Security and Neighborhood 

5 Safety Trust Fund. 

6 SEC. 5. PREVENTING TERROR ATTACKS ON THE HOME7 LAND. 

8 (a) AUTHORIZATION OF APPROPRIATIONS FOR SUP9 PORTING LAW ENFORCEMENT.—There are authorized to 

10 be appropriated from the Trust Fund— 

11 (1) $1,150,000,000 for fiscal years 2007 

12 through 2011 for the Office of Community Oriented 

13 Policing Services for grants to State, local, and trib14 al law enforcement to hire officers, purchase tech15 nology, conduct training, and to develop local 

16 counter-terrorism units; and 

17 (2) $900,000,000 for each of the fiscal years 

18 2007 through 2011 for the Justice Assistance 

19 Grant. 

20 (b) RESPONDING TO TERRORIST ATTACKS AND NAT21 URAL DISASTERS.— 

22 (1) AUTHORIZATION OF APPROPRIATIONS.— 

23 There are authorized to be appropriated from the 

24 Trust Fund— 


jlentini on PROD1PC65 with BILLS
10 

•S 345 IS

1 (A) $1,000,000,000 for each of fiscal years 

2 2007 through 2011 to the Office of Community 

3 Oriented Policing Services working with the De4 partment of Homeland Security to provide 

5 grants to enhance State and local government 

6 interoperable communications efforts, including 

7 interagency planning and purchasing equip8 ment; 

9 (B) $500,000,000 for each of fiscal years 

10 2007 through 2011 for the Office of Domestic 

11 Preparedness for Fire Act Grants; and 

12 (C) $500,000,000 for each of fiscal years 

13 2007 through 2011 for the Office of Domestic 

14 Preparedness for SAFER Grants. 

15 (2) PREVENTION OF DELAY IN REASSIGNMENT

16 OF 24 MEGAHERTZ FOR PUBLIC SAFETY PUR17 POSES.—Section 309(j)(14) of the Communications 

18 Act of 1934 (47 20 U.S.C. 309(j)(14)) is amended 

19 by adding at the end the following: 

20 ‘‘(E) Notwithstanding subparagraph (B), 

21 the Commission shall not grant any extension 

22 under that subparagraph from the limitation of 

23 subparagraph (A) with respect to the fre24 quencies assigned, under section 337(a)(1), for 

25 public safety services. The Commission shall 


jlentini on PROD1PC65 with BILLS
11 

•S 345 IS

1 take all actions necessary to complete assign2 ment of the electromagnetic spectrum between 

3 764 and 776 megahertz, inclusive, and between 

4 794 and 806 megahertz, inclusive, for public 

5 safety services and to permit operations by pub6 lic safety services on those frequencies com7 mencing not later than January 1, 2007.’’. 

8 SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR ADDI9 TIONAL ACTIVITIES FOR HOMELAND SECU10 RITY. 

11 There are authorized to be appropriated from the 

12 Trust Fund such sums as necessary for— 

13 (1) the implementation of all the recommenda14 tions of the Commission; 

15 (2) supporting State and local government law 

16 enforcement and first responders, including enhanc17 ing communications interoperability and information 

18 sharing; 

19 (3) ensuring the inspection and scanning of 100 

20 percent of cargo containers destined for ports in the 

21 United States and to ensure scanning of domestic 

22 air cargo; 

23 (4) protecting critical infrastructure and other 

24 high threat targets such as passenger rail, freight 


jlentini on PROD1PC65 with BILLS
12 

•S 345 IS

1 rail, and transit systems, chemical and nuclear 

2 plants; 

3 (5) enhancing the preparedness of the public 

4 health sector to prevent and respond to acts of bio5 logical and nuclear terrorism; 

6 (6) the development of scanning technologies to 

7 detect dangerous substances at United States ports 

8 of entry; and 

9 (7) other high risk targets of interest, including 

10 non-profit organizations. 

11 SEC. 7. HOMELAND SECURITY SPENDING ADVISORY 

12 BOARD. 

13 (a) ESTABLISHMENT OF BOARD.—There is estab14 lished as an independent agency within the Executive 

15 branch a Homeland Security Spending Advisory Board 

16 (referred to in this section as the ‘‘Board’’). 

17 (b) FUNCTIONS.— 

18 (1) IN GENERAL.—The Board shall advise Con19 gress and the Department of Homeland Security re20 lating to— 

21 (A) spending priorities to enhance home22 land security, terrorism prevention, and emer23 gency response; 

24 (B) Federal, State, and local government 

25 spending of homeland security funds to ensure 


jlentini on PROD1PC65 with BILLS
13 

•S 345 IS

1 that funds are allocated appropriately to best 

2 secure the homeland; 

3 (C) better procedures for the allocation 

4 and distribution of homeland security funds; 

5 and 

6 (D) potential misuse of homeland security 

7 funding; and 

8 (E) actions to reduce spending abuse and 

9 waste of homeland security funding. 

10 (2) REPORTS.— 

11 (A) REVIEW AND SUBMISSION.— 

12 (i) IN GENERAL.—The Board shall 

13 periodically submit, not less than semi14 annually, reports to the appropriate con15 gressional committees, including the Com16 mittees on the Judiciary of the Senate and 

17 the House of Representatives, the Com18 mittee on Homeland Security and Govern19 mental Affairs of the Senate, the Com20 mittee on Oversight and Government Re21 form of the House of Representatives, the 

22 Select Committee on Intelligence of the 

23 Senate, and the Permanent Select Com24 mittee on Intelligence of the House of Rep25 resentatives, the Committee on Homeland 


jlentini on PROD1PC65 with BILLS
14 

•S 345 IS

1 Security of the House of Representatives, 

2 and to the President. 

3 Such reports shall be in unclassified form to the 

4 greatest extent possible, with a classified annex 

5 where necessary. 

6 (ii) CONTENTS.—Not less than 2 re7 ports the Board submits each year under 

8 clause (i) shall include— 

9 (I) a description of the major ac10 tivities of the Board during the pre11 ceding period; 

12 (II) information on the findings, 

13 conclusions, and recommendations of 

14 the Board resulting from its functions 

15 under paragraph (1); and 

16 (III) the minority views on any 

17 findings, conclusions, and rec18 ommendations of the Board resulting 

19 from its functions under paragraph 

20 (1). 

21 (B) INFORMING THE PUBLIC.—The Board 

22 shall— 

23 (i) make its reports, including its re24 ports to Congress, available to the public 

25 to the greatest extent that is consistent 


jlentini on PROD1PC65 with BILLS
15 

•S 345 IS

1 with the protection of classified informa2 tion and applicable law; and 

3 (ii) hold public hearings and otherwise 

4 inform the public of its activities, as appro5 priate and in a manner consistent with the 

6 protection of classified information and ap7 plicable law. 

8 (c) ACCESS TO INFORMATION.— 

9 (1) AUTHORIZATION.—If determined by the 

10 Board to be necessary to carry out its responsibil11 ities under this section, the Board is authorized, to 

12 the extent permitted by law, to— 

13 (A) have access from any department or 

14 agency of the executive branch, or any Federal 

15 officer or employee of any such department or 

16 agency, to all relevant records, reports, audits, 

17 reviews, documents, papers, recommendations, 

18 or other relevant material, including classified 

19 information consistent with applicable law; 

20 (B) interview or take statements from offi21 cers of any department or agency of the execu22 tive branch; 

23 (C) request information or assistance from 

24 any State, tribal, or local government; and 


jlentini on PROD1PC65 with BILLS
16 

•S 345 IS

1 (D) require, by subpoena issued at the di2 rection of a majority of the members of the 

3 Board, persons (other than departments, agen4 cies, and elements of the executive branch) to 

5 produce any relevant information, documents, 

6 reports, answers, records, accounts, papers, and 

7 other documentary or testimonial evidence. 

8 (2) ENFORCEMENT OF SUBPOENA.—In the case 

9 of contumacy or failure to obey a subpoena issued 

10 under paragraph (1)(D), the United States district 

11 court for the judicial district in which the subpoe12 naed person resides, is served, or may be found may 

13 issue an order requiring such person to produce the 

14 evidence required by such subpoena. 

15 (3) AGENCY COOPERATION.—Whenever infor16 mation or assistance requested under subparagraph 

17 (A) or (B) of paragraph (1) is, in the judgment of 

18 the Board, unreasonably refused or not provided, the 

19 Board shall report the circumstances to the head of 

20 the department or agency concerned without delay. 

21 If the requested information or assistance may be 

22 provided to the Board in accordance with applicable 

23 law, the head of the department or agency concerned 

24 shall ensure compliance with such request. 

25 (4) EXCEPTIONS FOR NATIONAL SECURITY.— 


jlentini on PROD1PC65 with BILLS
17 

•S 345 IS

1 (A) IN GENERAL.—If the National Intel2 ligence Director, in consultation with the Attor3 ney General, determines that it is necessary to 

4 withhold information requested under para5 graph (3) to protect the national security inter6 ests of the United States, the head of the de7 partment or agency concerned shall not furnish 

8 such information to the Board. 

9 (B) CERTAIN INFORMATION.—If the Attor10 ney General determines that it is necessary to 

11 withhold information requested under para12 graph (3) from disclosure to protect sensitive 

13 law enforcement or counterterrorism informa14 tion or ongoing operations, the head of the de15 partment or agency concerned shall not furnish 

16 such information to the Board. 

17 (d) MEMBERSHIP.— 

18 (1) MEMBERS.—The Board shall be composed 

19 of a full-time chairman and 6 additional members, 

20 who shall be appointed by the President by not later 

21 than 6 months after the date of the enactment of 

22 this Act, by and with the advice and consent of the 

23 Senate, which shall move expeditiously following 

24 each nomination. 

25 (2) QUALIFICATIONS.— 


jlentini on PROD1PC65 with BILLS
18 

•S 345 IS

1 (A) IN GENERAL.—Members of the Board 

2 shall be selected solely on the basis of their pro3 fessional qualifications, achievements, public 

4 stature, expertise as described under subpara5 graph (B), and relevant experience, and without 

6 regard to political affiliation, but in no event 

7 shall more than 4 members of the Board be 

8 members of the same political party. The Presi9 dent shall, before appointing an individual who 

10 is not a member of the same political party as 

11 the President consult with the leadership of 

12 that party, if any, in the Senate and House of 

13 Representatives. 

14 (B) EXPERTISE.—The Board shall be com15 posed of 7 members of whom— 

16 (i) each shall have expertise in the 

17 area of counter-terrorism, emergency re18 sponse, or law enforcement; 

19 (ii) 2 shall have experience of holding 

20 elected or appointed office in State govern21 ment; 

22 (iii) 2 shall have experience of holding 

23 elected or appointed office in local govern24 ment; 


jlentini on PROD1PC65 with BILLS
19 

•S 345 IS

1 (iv) 2 shall have experience of holding 

2 elected or appointed office in State or local 

3 government (which may include a member 

4 who meets the requirements of clause (i) 

5 or (ii)) who has expertise in law enforce6 ment or terrorism prevention. 

7 (3) INCOMPATIBLE OFFICE.—An individual ap8 pointed to the Board may not, while serving on the 

9 Board, be an elected official, officer, or employee of 

10 the Federal Government, other than in the capacity 

11 as a member of the Board. 

12 (4) TERM.—Each member of the Board shall 

13 serve a term of 6 years, except that— 

14 (A) a member appointed to a term of office 

15 after the commencement of such term may 

16 serve under such appointment only for the re17 mainder of such term; 

18 (B) upon the expiration of the term of of19 fice of a member, the member shall continue to 

20 serve until the member’s successor has been ap21 pointed and qualified, except that no member 

22 may serve under this subparagraph— 

23 (i) for more than 60 days when Con24 gress is in session unless a nomination to 


jlentini on PROD1PC65 with BILLS
20 

•S 345 IS

1 fill the vacancy shall have been submitted 

2 to the Senate; or 

3 (ii) after the adjournment sine die of 

4 the session of the Senate in which such 

5 nomination is submitted; and 

6 (C) the members initially appointed under 

7 this subsection shall serve terms of 2, 3, 4, 5, 

8 and 6 years, respectively, from the date of en9 actment of this Act, with the term of each such 

10 member to be designated by the President. 

11 (5) QUORUM AND MEETINGS.—The Board shall 

12 meet upon the call of the chairman or a majority of 

13 its members. Three members of the Board shall con14 stitute a quorum. 

15 (e) COMPENSATION AND TRAVEL EXPENSES.— 

16 (1) COMPENSATION.— 

17 (A) CHAIRMAN ON FULL-TIME BASIS.—If 

18 the chairman serves on a full-time basis, the 

19 rate of pay for the chairman shall be the annual 

20 rate of basic pay in effect for a position at level 

21 III of the Executive Schedule under section 

22 5314 of title 5, United States Code. 

23 (B) CHAIRMAN AND VICE CHAIRMAN ON

24 PART-TIME BASIS.—The chairman, if serving on 

25 a part-time basis, and the vice chairman shall 


jlentini on PROD1PC65 with BILLS
21 

•S 345 IS

1 be compensated at a rate equal to the daily 

2 equivalent of the annual rate of basic pay in ef3 fect for a position at level III of the Executive 

4 Schedule under section 5314 of title 5, United 

5 States Code, for each day during which such of6 ficial is engaged in the actual performance of 

7 the duties of the Board. 

8 (C) MEMBERS.—Each member of the 

9 Board shall be compensated at a rate equal to 

10 the daily equivalent of the annual rate of basic 

11 pay in effect for a position at level IV of the 

12 Executive Schedule under section 5315 of title 

13 5, United States Code, for each day during 

14 which that member is engaged in the actual 

15 performance of the duties of the Board. 

16 (2) TRAVEL EXPENSES.—Members of the 

17 Board shall be allowed travel expenses, including per 

18 diem in lieu of subsistence, at rates authorized for 

19 persons employed intermittently by the Federal Gov20 ernment under section 5703(b) of title 5, United 

21 States Code, while away from their homes or regular 

22 places of business in the performance of services for 

23 the Board. 

24 (f) STAFF.— 


jlentini on PROD1PC65 with BILLS
22 

•S 345 IS

1 (1) APPOINTMENT AND COMPENSATION.—The 

2 chairman, in accordance with rules agreed upon by 

3 the Board, shall appoint and fix the compensation of 

4 an executive director and such other personnel as 

5 may be necessary to enable the Board to carry out 

6 its functions, without regard to the provisions of 

7 title 5, United States Code, governing appointments 

8 in the competitive service, and without regard to the 

9 provisions of chapter 51 and subchapter III of chap10 ter 53 of such title relating to classification and 

11 General Schedule pay rates, except that no rate of 

12 pay fixed under this subsection may exceed the 

13 equivalent of that payable for a position at level V 

14 of the Executive Schedule under section 5316 of title 

15 5, United States Code. 

16 (2) DETAILEES.—Federal employees may be 

17 detailed to the Board without reimbursement from 

18 the Board, and such detailee shall retain the rights, 

19 status, and privileges of the detailee’s regular em20 ployment without interruption. 

21 (3) CONSULTANT SERVICES.—The Board may 

22 procure the temporary or intermittent services of ex23 perts and consultants in accordance with section 

24 3109 of title 5, United States Code, at rates that do 

25 not exceed the daily rate paid a person occupying a 


jlentini on PROD1PC65 with BILLS
23 

•S 345 IS

1 position at level IV of the Executive Schedule under 

2 section 5315 of such title. 

3 (g) SECURITY CLEARANCES.—The appropriate de4 partments and agencies of the executive branch shall co5 operate with the Board to expeditiously provide Board 

6 members and staff with appropriate security clearances to 

7 the extent possible under applicable procedures and re8 quirements. Promptly upon commencing its work, the 

9 Board shall adopt, after consultation with the Secretary 

10 of Defense, the Attorney General, and the National Intel11 ligence Director, rules and procedures of the Board for 

12 physical, communications, computer, document, personnel, 

13 and other security in relation to the work of the Board. 

14 (h) APPLICABILITY OF CERTAIN LAWS.— 

15 (1) FEDERAL ADVISORY COMMITTEE ACT.—The 

16 Federal Advisory Committee Act (5 U.S.C. App.) 

17 shall not apply with respect to the Board and its ac18 tivities. 

19 (2) FREEDOM OF INFORMATION ACT.—For pur20 poses of section 552 of title 5, United States Code, 

21 (commonly referred to as the Freedom of Informa22 tion Act), the Board shall be treated as an agency 

23 (as that term is defined in section 551(1) of title 5, 

24 United States Code). 


jlentini on PROD1PC65 with BILLS
24 

•S 345 IS

1 (i) CONSTRUCTION.—Except as otherwise provided in 

2 this section, nothing in this section shall be construed to 

3 require any consultation with the Board by any depart4 ment or agency of the executive branch or any Federal 

5 officer or employee, or any waiting period that is required 

6 to be observed by any department or agency of the execu7 tive branch or any Federal officer or employee, before de8 veloping, proposing, or implementing any legislation, law, 

9 regulation, policy, or guideline related to efforts to protect 

10 the Nation from terrorism. 

11 (j) PRESIDENTIAL RESPONSIBILITY.—The Board 

12 shall perform its functions within the executive branch and 

13 under the general supervision of the President. 

14 (k) AUTHORIZATION OF APPROPRIATIONS.—There 

15 are authorized to be appropriated such sums as may be 

16 necessary to carry out this section. 

Æ 


jlentini on PROD1PC65 with BILLS