II 

Calendar No. 57 

110TH CONGRESS 

1ST SESSION S. 4 

To make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more 

effectively, to improve homeland security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mr. REID (for himself, Mr. LIEBERMAN, Ms. COLLINS, Mr. LEAHY, Mr. 

SCHUMER, Ms. CANTWELL, Mr. LAUTENBERG, Ms. STABENOW, Mr. 

WEBB, Mr. MENENDEZ, Ms. LANDRIEU, Mrs. BOXER, Mr. DORGAN, Mr. 

BROWN, Ms. KLOBUCHAR, and Mr. CASEY) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

FEBRUARY 23, 2007 

Reported under authority of the order of the Senate of February 17, 2007, 

by Mr. LIEBERMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To make the United States more secure by implementing 

unfinished recommendations of the 9/11 Commission to 

fight the war on terror more effectively, to improve 

homeland security, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Improving America’s 

3 Security by Implementing Unfinished Recommendations 

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

5 SEC. 2. SENSE OF CONGRESS. 

6 It is the sense of Congress that Congress should 

7 enact, and the President should sign, legislation to make 

8 the United States more secure by implementing unfinished 

9 recommendations of the 9/11 Commission to fight the war 

10 on terror more effectively and to improve homeland secu11 rity. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Improving America’s 

14 Security Act of 2007’’. 

15 SEC. 2. DEFINITIONS. 

16 In this Act: 

17 (1) DEPARTMENT.—The term ‘‘Department’’ 

18 means the Department of Homeland Security. 

19 (2) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Homeland Security. 

21 SEC. 3. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Definitions. 


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Sec. 3. Table of contents. 

TITLE I—IMPROVING INTELLIGENCE AND INFORMATION SHARING 

WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, 

AND TRIBAL GOVERNMENTS 

Subtitle A—Homeland Security Information Sharing Enhancement 

Sec. 111. Homeland Security Advisory System and information sharing. 

Sec. 112. Information sharing. 

Sec. 113. Intelligence training development for State and local government officials. 

Sec. 114. Information sharing incentives. 

Subtitle B—Homeland Security Information Sharing Partnerships 

Sec. 121. State, Local, and Regional Fusion Center Initiative. 

Sec. 122. Homeland Security Information Sharing Fellows Program. 

Subtitle C—Interagency Threat Assessment and Coordination Group 

Sec. 131. Interagency Threat Assessment and Coordination Group. 

TITLE II—HOMELAND SECURITY GRANTS 

Sec. 201. Short title. 

Sec. 202. Homeland Security Grant Program. 

Sec. 203. Technical and conforming amendments. 

TITLE III—COMMUNICATIONS OPERABILITY AND 

INTEROPERABILITY 

Sec. 301. Dedicated funding to achieve emergency communications operability 

and interoperable communications. 

Sec. 302. Border Interoperability Demonstration Project. 

TITLE IV—ENHANCING SECURITY OF INTERNATIONAL TRAVEL 

Sec. 401. Modernization of the visa waiver program. 

Sec. 402. Strengthening the capabilities of the Human Smuggling and Trafficking Center. 

Sec. 403. Enhancements to the Terrorist Travel Program. 

Sec. 404. Enhanced driver’s license. 

Sec. 405. Western Hemisphere Travel Initiative. 

TITLE V—PRIVACY AND CIVIL LIBERTIES MATTERS 

Sec. 501. Modification of authorities relating to Privacy and Civil Liberties Oversight Board. 

Sec. 502. Privacy and civil liberties officers. 

Sec. 503. Department Privacy Officer. 

Sec. 504. Federal Agency Data Mining Reporting Act of 2007. 

TITLE VI—ENHANCED DEFENSES AGAINST WEAPONS OF MASS 

DESTRUCTION 

Sec. 601. National Biosurveillance Integration Center. 

Sec. 602. Biosurveillance efforts. 


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Sec. 603. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction. 

TITLE VII—PRIVATE SECTOR PREPAREDNESS 

Sec. 701. Definitions. 

Sec. 702. Responsibilities of the private sector office of the Department. 

Sec. 703. Voluntary national preparedness standards compliance; accreditation 

and certification program for the private sector. 

Sec. 704. Sense of Congress regarding promoting an international standard for 

private sector preparedness. 

Sec. 705. Report to Congress. 

Sec. 706. Rule of construction. 

TITLE VIII—TRANSPORTATION SECURITY PLANNING AND 

INFORMATION SHARING 

Sec. 801. Transportation security strategic planning. 

Sec. 802. Transportation security information sharing. 

Sec. 803. Transportation Security Administration personnel management. 

TITLE IX—INCIDENT COMMAND SYSTEM 

Sec. 901. Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness. 

Sec. 902. Credentialing and typing to strengthen incident command. 

TITLE X—CRITICAL INFRASTRUCTURE PROTECTION 

Sec. 1001. Critical infrastructure protection. 

Sec. 1002. Risk assessment and report. 

Sec. 1003. Use of existing capabilities. 

TITLE XI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE 

Sec. 1101. Availability to public of certain intelligence funding information. 

Sec. 1102. Response of intelligence community to requests from Congress. 

Sec. 1103. Public Interest Declassification Board. 

TITLE XII—INTERNATIONAL COOPERATION ON ANTITERRORISM 

TECHNOLOGIES 

Sec. 1201. Promoting antiterrorism capabilities through international cooperation. 

Sec. 1202. Transparency of funds. 

TITLE XIII—MISCELLANEOUS PROVISIONS 

Sec. 1301. Deputy Secretary of Homeland Secretary for Management. 

Sec. 1302. Sense of the Senate regarding combating domestic radicalization. 

Sec. 1303. Sense of the Senate regarding oversight of homeland security. 

Sec. 1304. Report regarding border security. 


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1 TITLE I—IMPROVING INTEL2 LIGENCE AND INFORMATION 

3 SHARING WITHIN THE FED4 ERAL GOVERNMENT AND 

5 WITH STATE, LOCAL, AND 

6 TRIBAL GOVERNMENTS 

7 Subtitle A—Homeland Security 

8 Information Sharing Enhancement 

9 SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND IN10 FORMATION SHARING. 

11 (a) ADVISORY SYSTEM AND INFORMATION SHARING.— 

12 (1) IN GENERAL.—Subtitle A of title II of the 

13 Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) 

14 is amended by adding at the end the following: 

15 ‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 

16 ‘‘(a) REQUIREMENT.—The Secretary shall administer 

17 the Homeland Security Advisory System in accordance 

18 with this section to provide warnings regarding the risk of 

19 terrorist attacks on the homeland to Federal, State, local, 

20 and tribal government authorities and to the people of the 

21 United States, as appropriate. The Secretary shall exercise 

22 primary responsibility for providing such warnings. 

23 ‘‘(b) REQUIRED ELEMENTS.—In administering the 

24 Homeland Security Advisory System, the Secretary shall— 


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1 ‘‘(1) establish criteria for the issuance and rev2 ocation of such warnings; 

3 ‘‘(2) develop a methodology, relying on the cri4 teria established under paragraph (1), for the 

5 issuance and revocation of such warnings; 

6 ‘‘(3) provide, in each such warning, specific in7 formation and advice regarding appropriate protec8 tive measures and countermeasures that may be taken 

9 in response to that risk, at the maximum level of de10 tail practicable to enable individuals, government en11 tities, emergency response providers, and the private 

12 sector to act appropriately; and 

13 ‘‘(4) whenever possible, limit the scope of each 

14 such warning to a specific region, locality, or eco15 nomic sector believed to be at risk. 

16 ‘‘SEC. 204. HOMELAND SECURITY INFORMATION SHARING. 

17 ‘‘(a) INFORMATION SHARING.—Consistent with section 

18 1016 of the Intelligence Reform and Terrorism Prevention 

19 Act of 2004 (6 U.S.C. 485), the Secretary shall integrate 

20 and standardize the information of the intelligence compo21 nents of the Department, except for any internal protocols 

22 of such intelligence components, to be administered by the 

23 Chief Intelligence Officer. 

24 ‘‘(b) INFORMATION SHARING AND KNOWLEDGE MAN25 AGEMENT OFFICERS.—For each intelligence component of 


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1 the Department, the Secretary shall designate an informa2 tion sharing and knowledge management officer who shall 

3 report to the Chief Intelligence Officer regarding coordi4 nating the different systems used in the Department to 

5 gather and disseminate homeland security information. 

6 ‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES

7 OF INFORMATION.— 

8 ‘‘(1) ESTABLISHMENT OF BUSINESS PROC9 ESSES.—The Chief Intelligence Officer shall— 

10 ‘‘(A) establish Department-wide procedures 

11 for the review and analysis of information gath12 ered from sources in State, local, and tribal gov13 ernment and the private sector; 

14 ‘‘(B) as appropriate, integrate such infor15 mation into the information gathered by the De16 partment and other departments and agencies of 

17 the Federal Government; and 

18 ‘‘(C) make available such information, as 

19 appropriate, within the Department and to other 

20 departments and agencies of the Federal Govern21 ment. 

22 ‘‘(2) FEEDBACK.—The Secretary shall develop 

23 mechanisms to provide feedback regarding the anal24 ysis and utility of information provided by any enti25 ty of State, local, or tribal government or the private 


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1 sector that gathers information and provides such in2 formation to the Department. 

3 ‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.— 

4 ‘‘(1) TRAINING.—The Chief Intelligence Officer 

5 shall provide to employees of the Department opportu6 nities for training and education to develop an un7 derstanding of— 

8 ‘‘(A) the definition of homeland security in9 formation; and 

10 ‘‘(B) how information available to such em11 ployees as part of their duties— 

12 ‘‘(i) might qualify as homeland secu13 rity information; and 

14 ‘‘(ii) might be relevant to the intel15 ligence components of the Department. 

16 ‘‘(2) EVALUATIONS.—The Chief Intelligence Offi17 cer shall— 

18 ‘‘(A) on an ongoing basis, evaluate how em19 ployees of the Office of Intelligence and Analysis 

20 and the intelligence components of the Depart21 ment are utilizing homeland security informa22 tion, sharing information within the Depart23 ment, as described in this subtitle, and partici24 pating in the information sharing environment 

25 established under section 1016 of the Intelligence 


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1 Reform and Terrorism Prevention Act of 2004 (6 

2 U.S.C. 485); and 

3 ‘‘(B) provide a report regarding any eval4 uation under subparagraph (A) to the appro5 priate component heads. 

6 ‘‘SEC. 205. COORDINATION WITH INFORMATION SHARING 

7 ENVIRONMENT. 

8 ‘‘All activities to comply with sections 203 and 204 

9 shall be— 

10 ‘‘(1) implemented in coordination with the pro11 gram manager for the information sharing environ12 ment established under section 1016 of the Intelligence 

13 Reform and Terrorism Prevention Act of 2004 (6 

14 U.S.C. 485); and 

15 ‘‘(2) consistent with and support the establish16 ment of that environment, and any policies, guide17 lines, procedures, instructions, or standards estab18 lished by the President or, as appropriate, the pro19 gram manager for the implementation and manage20 ment of that environment.’’. 

21 (2) TECHNICAL AND CONFORMING AMEND22 MENTS.— 

23 (A) IN GENERAL.—Section 201(d) of the 

24 Homeland Security Act of 2002 (6 U.S.C. 

25 121(d)) is amended— 


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1 (i) by striking paragraph (7); and 

2 (ii) by redesignating paragraphs (8) 

3 through (19) as paragraphs (7) through 

4 (18), respectively. 

5 (B) TABLE OF CONTENTS.—The table of 

6 contents in section 1(b) of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 101 et seq.) is amend8 ed by inserting after the item relating to section 

9 202 the following: 

‘‘Sec. 203. Homeland Security Advisory System. 

‘‘Sec. 204. Homeland Security Information Sharing. 

‘‘Sec. 205. Coordination with information sharing environment.’’. 

10 (b) INTELLIGENCE COMPONENT DEFINED.— 

11 (1) IN GENERAL.—Section 2 of the Homeland 

12 Security Act of 2002 (6 U.S.C. 101) is amended— 

13 (A) by redesignating paragraphs (9) 

14 through (16) as paragraphs (10) through (17), 

15 respectively; and 

16 (B) by inserting after paragraph (8) the fol17 lowing: 

18 ‘‘(9) The term ‘intelligence component of the De19 partment’ means any directorate, agency, or other ele20 ment or entity of the Department that gathers, re21 ceives, analyzes, produces, or disseminates homeland 

22 security information.’’. 

23 (2) TECHNICAL AND CONFORMING AMEND24 MENTS.— 


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1 (A) HOMELAND SECURITY ACT OF 2002.— 

2 Section 501(11) of the Homeland Security Act of 

3 2002 (6 U.S.C. 311(11)) is amended by striking 

4 ‘‘section 2(10)(B)’’ and inserting ‘‘section 

5 2(11)(B)’’. 

6 (B) OTHER LAW.—Section 712(a) of title 

7 14, United States Code, is amended by striking 

8 ‘‘section 2(15) of the Homeland Security Act of 

9 2002 (6 U.S.C. 101(15))’’ and inserting ‘‘section 

10 2(16) of the Homeland Security Act of 2002 (6 

11 U.S.C. 101(16))’’. 

12 (c) RESPONSIBILITIES OF THE UNDER SECRETARY

13 FOR INFORMATION ANALYSIS AND INFRASTRUCTURE PRO14 TECTION.—Section 201(d) of the Homeland Security Act of 

15 2002 (6 U.S.C. 121(d)) is amended— 

16 (1) in paragraph (1), by inserting ‘‘, in support 

17 of the mission responsibilities of the Department and 

18 consistent with the functions of the National 

19 Counterterrorism Center established under section 119 

20 of the National Security Act of 1947 (50 U.S.C. 50 

21 U.S.C. 404o),’’ after ‘‘and to integrate such informa22 tion’’; and 

23 (2) by striking paragraph (7), as redesignated by 

24 subsection (a)(2)(A) of this section, and inserting the 

25 following: 


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1 ‘‘(7) To review, analyze, and make recommenda2 tions for improvements in the policies and procedures 

3 governing the sharing of intelligence information, in4 telligence-related information, and other information 

5 relating to homeland security within the Federal Gov6 ernment and among the Federal Government and 

7 State, local, and tribal government agencies and au8 thorities, consistent with the information sharing en9 vironment established under section 1016 of the Intel10 ligence Reform and Terrorism Prevention Act of 2004 

11 (6 U.S.C. 485) and any policies, guidelines, proce12 dures, instructions or standards established by the 

13 President or, as appropriate, the program manager 

14 for the implementation and management of that envi15 ronment.’’. 

16 SEC. 112. INFORMATION SHARING. 

17 Section 1016 of the Intelligence Reform and Terrorist 

18 Prevention Act of 2004 (6 U.S.C. 485) is amended— 

19 (1) in subsection (a)— 

20 (A) by redesignating paragraphs (1) 

21 through (4) as paragraphs (2) through (5), re22 spectively; 

23 (B) by inserting before paragraph (2), as so 

24 redesignated, the following: 


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1 ‘‘(1) HOMELAND SECURITY INFORMATION.—The 

2 term ‘homeland security information’ has the mean3 ing given that term in section 892 of the Homeland 

4 Security Act of 2002 (6 U.S.C. 482).’’; 

5 (C) in paragraph (5), as so redesignated— 

6 (i) by redesignating subparagraphs (A) 

7 through (D) as clauses (i) through (iv), re8 spectively, and adjusting the margin ac9 cordingly; 

10 (ii) by striking ‘‘ ‘terrorism informa11 tion’ means’’ and inserting the following: 

12 ‘‘ ‘terrorism information’— 

13 ‘‘(A) means’’; 

14 (iii) in subparagraph (A)(iv), as so re15 designated, by striking the period at the end 

16 and inserting ‘‘; and’’; and 

17 (iv) by adding at the end the following: 

18 ‘‘(B) includes homeland security informa19 tion and weapons of mass destruction informa20 tion.’’; and 

21 (D) by adding at the end the following: 

22 ‘‘(6) WEAPONS OF MASS DESTRUCTION INFORMA23 TION.—The term ‘weapons of mass destruction infor24 mation’ means information that could reasonably be 

25 expected to assist in the development, proliferation, or 


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1 use of a weapon of mass destruction (including chem2 ical, biological, radiological, and nuclear weapons) 

3 that could be used by a terrorist or a terrorist organi4 zation against the United States, including informa5 tion about the location of any stockpile of nuclear 

6 materials that could be exploited for use in such a 

7 weapon that could be used by a terrorist or a terrorist 

8 organization against the United States.’’; 

9 (2) in subsection (b)(2)— 

10 (A) in subparagraph (H), by striking 

11 ‘‘and’’ at the end; 

12 (B) in subparagraph (I), by striking the pe13 riod at the end and inserting a semicolon; and 

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

15 ‘‘(J) integrates the information within the 

16 scope of the information sharing environment, 

17 including any such information in legacy tech18 nologies; 

19 ‘‘(K) integrates technologies, including all 

20 legacy technologies, through Internet-based serv21 ices; 

22 ‘‘(L) allows the full range of analytic and 

23 operational activities without the need to cen24 tralize information within the scope of the infor25 mation sharing environment; 


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1 ‘‘(M) permits analysts to collaborate both 

2 independently and in a group (commonly known 

3 as ‘collective and noncollective collaboration’), 

4 and across multiple levels of national security 

5 information and controlled unclassified informa6 tion; 

7 ‘‘(N) provides a resolution process that en8 ables changes by authorized officials regarding 

9 rules and policies for the access, use, and reten10 tion of information within the scope of the infor11 mation sharing environment; and 

12 ‘‘(O) incorporates continuous, real-time, 

13 and immutable audit capabilities, to the max14 imum extent practicable.’’; 

15 (3) in subsection (f)— 

16 (A) in paragraph (1)— 

17 (i) by striking ‘‘during the two-year 

18 period beginning on the date of designation 

19 under this paragraph unless sooner’’ and 

20 inserting ‘‘until’’; and 

21 (ii) by striking ‘‘The program manager 

22 shall have and exercise governmentwide au23 thority.’’ and inserting ‘‘Except as other24 wise expressly provided by law, the program 

25 manager, in consultation with the head of 


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1 any affected department or agency, shall 

2 have and exercise governmentwide authority 

3 over the sharing of information within the 

4 scope of the information sharing environ5 ment by all Federal departments, agencies, 

6 and components, irrespective of the Federal 

7 department, agency, or component in which 

8 the program manager may be administra9 tively located.’’; and 

10 (B) in paragraph (2)(A)— 

11 (i) by redesignating clause (iii) as 

12 clause (v); and 

13 (ii) by striking clause (ii) and insert14 ing the following: 

15 ‘‘(ii) assist in the development of poli16 cies, as appropriate, to foster the develop17 ment and proper operation of the ISE; 

18 ‘‘(iii) issue governmentwide procedures, 

19 guidelines, instructions, and functional 

20 standards, as appropriate, for the manage21 ment, development, and proper operation of 

22 the ISE; 

23 ‘‘(iv) identify and resolve information 

24 sharing disputes between Federal depart25 ments, agencies, and components; and’’; 


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1 (4) in subsection (g)— 

2 (A) in paragraph (1), by striking ‘‘during 

3 the two-year period beginning on the date of the 

4 initial designation of the program manager by 

5 the President under subsection (f)(1), unless 

6 sooner’’ and inserting ‘‘until’’; 

7 (B) in paragraph (2)— 

8 (i) in subparagraph (F), by striking 

9 ‘‘and’’ at the end; 

10 (ii) by redesignating subparagraph (G) 

11 as subparagraph (I); and 

12 (iii) by inserting after subparagraph 

13 (F) the following: 

14 ‘‘(G) assist the program manager in identi15 fying and resolving information sharing disputes 

16 between Federal departments, agencies, and com17 ponents; 

18 ‘‘(H) identify appropriate personnel for as19 signment to the program manager to support 

20 staffing needs identified by the program man21 ager; and’’; 

22 (C) in paragraph (4), by inserting ‘‘(in23 cluding any subsidiary group of the Information 

24 Sharing Council)’’ before ‘‘shall not be subject’’; 

25 and 


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1 (D) by adding at the end the following: 

2 ‘‘(5) DETAILEES.—Upon a request by the Direc3 tor of National Intelligence, the departments and 

4 agencies represented on the Information Sharing 

5 Council shall detail to the program manager, on a re6 imbursable basis, appropriate personnel identified 

7 under paragraph (2)(H).’’; 

8 (5) in subsection (h)(1), by striking ‘‘and annu9 ally thereafter’’ and inserting ‘‘and not later than 

10 June 30 of each year thereafter’’; and 

11 (6) by striking subsection (j) and inserting the 

12 following: 

13 ‘‘(j) REPORT ON THE INFORMATION SHARING ENVI14 RONMENT.— 

15 ‘‘(1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of the Improving Amer17 ica’s Security Act of 2007, the President shall report 

18 to the Committee on Homeland Security and Govern19 mental Affairs of the Senate, the Select Committee on 

20 Intelligence of the Senate, the Committee on Home21 land Security of the House of Representatives, and 

22 the Permanent Select Committee on Intelligence of the 

23 House of Representatives on the feasibility of— 

24 ‘‘(A) eliminating the use of any marking or 

25 process (including ‘Originator Control’) intended 


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1 to, or having the effect of, restricting the sharing 

2 of information within the scope of the informa3 tion sharing environment between and among 

4 participants in the information sharing environ5 ment, unless the President has— 

6 ‘‘(i) specifically exempted categories of 

7 information from such elimination; and 

8 ‘‘(ii) reported that exemption to the 

9 committees of Congress described in the 

10 matter preceding this subparagraph; and 

11 ‘‘(B) continuing to use Federal agency 

12 standards in effect on such date of enactment for 

13 the collection, sharing, and access to information 

14 within the scope of the information sharing envi15 ronment relating to citizens and lawful perma16 nent residents; 

17 ‘‘(C) replacing the standards described in 

18 subparagraph (B) with a standard that would 

19 allow mission-based or threat-based permission 

20 to access or share information within the scope 

21 of the information sharing environment for a 

22 particular purpose that the Federal Government, 

23 through an appropriate process, has determined 

24 to be lawfully permissible for a particular agenVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 cy, component, or employee (commonly known as 

2 an ‘authorized use’ standard); and 

3 ‘‘(D) the use of anonymized data by Federal 

4 departments, agencies, or components collecting, 

5 possessing, disseminating, or handling informa6 tion within the scope of the information sharing 

7 environment, in any cases in which— 

8 ‘‘(i) the use of such information is rea9 sonably expected to produce results materi10 ally equivalent to the use of information 

11 that is transferred or stored in a non12 anonymized form; and 

13 ‘‘(ii) such use is consistent with any 

14 mission of that department, agency, or com15 ponent (including any mission under a 

16 Federal statute or directive of the President) 

17 that involves the storage, retention, sharing, 

18 or exchange of personally identifiable infor19 mation. 

20 ‘‘(2) DEFINITION.—In this subsection, the term 

21 ‘anonymized data’ means data in which the indi22 vidual to whom the data pertains is not identifiable 

23 with reasonable efforts, including information that 

24 has been encrypted or hidden through the use of other 

25 technology. 


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1 ‘‘(k) ADDITIONAL POSITIONS.—The program manager 

2 is authorized to hire not more than 40 full-time employees 

3 to assist the program manager in— 

4 ‘‘(1) identifying and resolving information shar5 ing disputes between Federal departments, agencies, 

6 and components under subsection (f)(2)(A)(iv); and 

7 ‘‘(2) other activities associated with the imple8 mentation of the information sharing environment, 

9 including— 

10 ‘‘(A) implementing the requirements under 

11 subsection (b)(2); and 

12 ‘‘(B) any additional implementation initia13 tives to enhance and expedite the creation of the 

14 information sharing environment. 

15 ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated to carry out this section 

17 $30,000,000 for each of fiscal years 2008 and 2009.’’. 

18 SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR 

19 STATE AND LOCAL GOVERNMENT OFFICIALS. 

20 (a) CURRICULUM.—The Secretary, acting through the 

21 Chief Intelligence Officer, shall develop curriculum for the 

22 training of State, local, and tribal government officials re23 lating to the handling, review, and development of intel24 ligence material. 


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1 (b) TRAINING.—To the extent possible, the Federal 

2 Law Enforcement Training Center and other existing Fed3 eral entities with the capacity and expertise to train State, 

4 local, and tribal government officials based on the cur5 riculum developed under subsection (a) shall be used to 

6 carry out the training programs created under this section. 

7 If such entities do not have the capacity, resources, or capa8 bilities to conduct such training, the Secretary may approve 

9 another entity to conduct the training. 

10 (c) CONSULTATION.—In carrying out the duties de11 scribed in subsection (a), the Chief Intelligence Officer shall 

12 consult with the Director of the Federal Law Enforcement 

13 Training Center, the Attorney General, the Director of Na14 tional Intelligence, the Administrator of the Federal Emer15 gency Management Agency, and other appropriate parties, 

16 such as private industry, institutions of higher education, 

17 nonprofit institutions, and other intelligence agencies of the 

18 Federal Government. 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There are 

20 authorized to be appropriated such sums as are necessary 

21 to carry out this section. 

22 SEC. 114. INFORMATION SHARING INCENTIVES. 

23 (a) AWARDS.—In making cash awards under chapter 

24 45 of title 5, United States Code, the President or the head 

25 of an agency, in consultation with the program manager 


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1 designated under section 1016 of the Intelligence Reform 

2 and Terrorist Prevention Act of 2004 (6 U.S.C. 485), may 

3 consider the success of an employee in sharing information 

4 within the scope of the information sharing environment 

5 established under that section in a manner consistent with 

6 any policies, guidelines, procedures, instructions, or stand7 ards established by the President or, as appropriate, the 

8 program manager of that environment for the implementa9 tion and management of that environment. 

10 (b) OTHER INCENTIVES.—The head of each depart11 ment or agency described in section 1016(i) of the Intel12 ligence Reform and Terrorist Prevention Act of 2004 (6 

13 U.S.C. 485(i)), in consultation with the program manager 

14 designated under section 1016 of the Intelligence Reform 

15 and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall 

16 adopt best practices regarding effective ways to educate and 

17 motivate officers and employees of the Federal Government 

18 to engage in the information sharing environment, includ19 ing— 

20 (1) promotions and other nonmonetary awards; 

21 and 

22 (2) publicizing information sharing accomplish23 ments by individual employees and, where appro24 priate, the tangible end benefits that resulted. 


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1 Subtitle B—Homeland Security 

2 Information Sharing Partnerships 

3 SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER 

4 INITIATIVE. 

5 (a) IN GENERAL.—Subtitle A of title II of the Home6 land Security Act of 2002 (6 U.S.C. 121 et seq.), as amend7 ed by this Act, is amended by adding at the end the fol8 lowing: 

9 ‘‘SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER 

10 INITIATIVE. 

11 ‘‘(a) DEFINITIONS.—In this section— 

12 ‘‘(1) the term ‘Chief Intelligence Officer’ means 

13 the Chief Intelligence Officer of the Department; 

14 ‘‘(2) the term ‘fusion center’ means a collabo15 rative effort of 2 or more Federal, State, local, or trib16 al government agencies that combines resources, ex17 pertise, or information with the goal of maximizing 

18 the ability of such agencies to detect, prevent, inves19 tigate, apprehend, and respond to criminal or ter20 rorist activity; 

21 ‘‘(3) the term ‘information sharing environment’ 

22 means the information sharing environment estab23 lished under section 1016 of the Intelligence Reform 

24 and Terrorism Prevention Act of 2004 (6 U.S.C. 485); 


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1 ‘‘(4) the term ‘intelligence analyst’ means an in2 dividual who regularly advises, administers, super3 vises, or performs work in the collection, analysis, 

4 evaluation, reporting, production, or dissemination of 

5 information on political, economic, social, cultural, 

6 physical, geographical, scientific, or military condi7 tions, trends, or forces in foreign or domestic areas 

8 that directly or indirectly affect national security; 

9 ‘‘(5) the term ‘intelligence-led policing’ means 

10 the collection and analysis of information to produce 

11 an intelligence end product designed to inform law 

12 enforcement decision making at the tactical and stra13 tegic levels; and 

14 ‘‘(6) the term ‘terrorism information’ has the 

15 meaning given that term in section 1016 of the Intel16 ligence Reform and Terrorist Prevention Act of 2004 

17 (6 U.S.C. 485). 

18 ‘‘(b) ESTABLISHMENT.—The Secretary, in consulta19 tion with the program manager of the information sharing 

20 environment established under section 1016 of the Intel21 ligence Reform and Terrorist Prevention Act of 2004 (6 

22 U.S.C. 485), the Attorney General, the Privacy Officer of 

23 the Department, the Officer for Civil Rights and Civil Lib24 erties of the Department, and the Privacy and Civil Lib25 erties Oversight Board established under section 1061 of the 


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1 Intelligence Reform and Terrorist Prevention Act of 2004 

2 (5 U.S.C. 601 note), shall establish a State, Local, and Re3 gional Fusion Center Initiative to establish partnerships 

4 with State, local, and regional fusion centers. 

5 ‘‘(c) DEPARTMENT SUPPORT AND COORDINATION.— 

6 Through the State, Local, and Regional Fusion Center Ini7 tiative, the Secretary shall— 

8 ‘‘(1) coordinate with the principal officer of each 

9 State, local, or regional fusion center and the officer 

10 designated as the Homeland Security Advisor of the 

11 State; 

12 ‘‘(2) provide operational and intelligence advice 

13 and assistance to State, local, and regional fusion 

14 centers; 

15 ‘‘(3) support efforts to include State, local, and 

16 regional fusion centers into efforts to establish an in17 formation sharing environment; 

18 ‘‘(4) conduct exercises, including live training 

19 exercises, to regularly assess the capability of indi20 vidual and regional networks of State, local, and re21 gional fusion centers to integrate the efforts of such 

22 networks with the efforts of the Department; 

23 ‘‘(5) coordinate with other relevant Federal enti24 ties engaged in homeland security-related activities; 


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1 ‘‘(6) provide analytic and reporting advice and 

2 assistance to State, local, and regional fusion centers; 

3 ‘‘(7) review homeland security information gath4 ered by State, local, and regional fusion centers and 

5 incorporate relevant information with homeland secu6 rity information of the Department; 

7 ‘‘(8) provide management assistance to State, 

8 local, and regional fusion centers; 

9 ‘‘(9) serve as a point of contact to ensure the dis10 semination of relevant homeland security informa11 tion; 

12 ‘‘(10) facilitate close communication and coordi13 nation between State, local, and regional fusion cen14 ters and the Department; 

15 ‘‘(11) provide State, local, and regional fusion 

16 centers with expertise on Department resources and 

17 operations; 

18 ‘‘(12) provide training to State, local, and re19 gional fusion centers and encourage such fusion cen20 ters to participate in terrorist threat-related exercises 

21 conducted by the Department; and 

22 ‘‘(13) carry out such other duties as the Sec23 retary determines are appropriate. 

24 ‘‘(d) PERSONNEL ASSIGNMENT.— 


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1 ‘‘(1) IN GENERAL.—The Chief Intelligence Officer 

2 may, to the maximum extent practicable, assign offi3 cers and intelligence analysts from components of the 

4 Department to State, local, and regional fusion cen5 ters. 

6 ‘‘(2) PERSONNEL SOURCES.—Officers and intel7 ligence analysts assigned to fusion centers under this 

8 subsection may be assigned from the following De9 partment components, in consultation with the re10 spective component head: 

11 ‘‘(A) Office of Intelligence and Analysis, or 

12 its successor. 

13 ‘‘(B) Office of Infrastructure Protection. 

14 ‘‘(C) Transportation Security Administra15 tion. 

16 ‘‘(D) United States Customs and Border 

17 Protection. 

18 ‘‘(E) United States Immigration and Cus19 toms Enforcement. 

20 ‘‘(F) United States Coast Guard. 

21 ‘‘(G) Other intelligence components of the 

22 Department, as determined by the Secretary. 

23 ‘‘(3) PARTICIPATION.— 

24 ‘‘(A) IN GENERAL.—The Secretary may de25 velop qualifying criteria for a fusion center to 


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1 participate in the assigning of Department offi2 cers or intelligence analysts under this section. 

3 ‘‘(B) CRITERIA.—Any criteria developed 

4 under subparagraph (A) may include— 

5 ‘‘(i) whether the fusion center, through 

6 its mission and governance structure, fo7 cuses on a broad counterterrorism approach, 

8 and whether that broad approach is perva9 sive through all levels of the organization; 

10 ‘‘(ii) whether the fusion center has suf11 ficient numbers of adequately trained per12 sonnel to support a broad counterterrorism 

13 mission; 

14 ‘‘(iii) whether the fusion center has— 

15 ‘‘(I) access to relevant law enforce16 ment, emergency response, private sec17 tor, open source, and national security 

18 data; and 

19 ‘‘(II) the ability to share and ana20 lytically exploit that data for author21 ized purposes; 

22 ‘‘(iv) whether the fusion center is ade23 quately funded by the State, local, or re24 gional government to support its 

25 counterterrorism mission; and 


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1 ‘‘(v) the relevancy of the mission of the 

2 fusion center to the particular source com3 ponent of Department officers or intelligence 

4 analysts. 

5 ‘‘(4) PREREQUISITE.— 

6 ‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, 

7 AND CIVIL LIBERTIES TRAINING.—Before being 

8 assigned to a fusion center under this section, an 

9 officer or intelligence analyst shall undergo— 

10 ‘‘(i) appropriate intelligence analysis 

11 or information sharing training using an 

12 intelligence-led policing curriculum that is 

13 consistent with— 

14 ‘‘(I) standard training and edu15 cation programs offered to Department 

16 law enforcement and intelligence per17 sonnel; and 

18 ‘‘(II) the Criminal Intelligence 

19 Systems Operating Policies under part 

20 23 of title 28, Code of Federal Regula21 tions (or any corresponding similar 

22 regulation or ruling); 

23 ‘‘(ii) appropriate privacy and civil lib24 erties training that is developed, supported, 

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1 pointed under section 222 and the Officer 

2 for Civil Rights and Civil Liberties of the 

3 Department, in partnership with the Pri4 vacy and Civil Liberties Oversight Board 

5 established under section 1061 of the Intel6 ligence Reform and Terrorism Prevention 

7 Act of 2004 (5 U.S.C. 601 note); and 

8 ‘‘(iii) such other training prescribed by 

9 the Chief Intelligence Officer. 

10 ‘‘(B) PRIOR WORK EXPERIENCE IN AREA.— 

11 In determining the eligibility of an officer or in12 telligence analyst to be assigned to a fusion cen13 ter under this section, the Chief Intelligence Offi14 cer shall consider the familiarity of the officer or 

15 intelligence analyst with the State, locality, or 

16 region, as determined by such factors as whether 

17 the officer or intelligence analyst— 

18 ‘‘(i) has been previously assigned in 

19 the geographic area; or 

20 ‘‘(ii) has previously worked with intel21 ligence officials or emergency response pro22 viders from that State, locality, or region. 

23 ‘‘(5) EXPEDITED SECURITY CLEARANCE PROC24 ESSING.—The Chief Intelligence Officer— 


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1 ‘‘(A) shall ensure that each officer or intel2 ligence analyst assigned to a fusion center under 

3 this section has the appropriate clearance to con4 tribute effectively to the mission of the fusion 

5 center; and 

6 ‘‘(B) may request that security clearance 

7 processing be expedited for each such officer or 

8 intelligence analyst. 

9 ‘‘(6) FURTHER QUALIFICATIONS.—Each officer 

10 or intelligence analyst assigned to a fusion center 

11 under this section shall satisfy any other qualifica12 tions the Chief Intelligence Officer may prescribe. 

13 ‘‘(e) RESPONSIBILITIES.—An officer or intelligence an14 alyst assigned to a fusion center under this section shall— 

15 ‘‘(1) assist law enforcement agencies and other 

16 emergency response providers of State, local, and trib17 al governments and fusion center personnel in using 

18 Federal homeland security information to develop a 

19 comprehensive and accurate threat picture; 

20 ‘‘(2) review homeland security-relevant informa21 tion from law enforcement agencies and other emer22 gency response providers of State, local, and tribal 

23 government; 

24 ‘‘(3) create intelligence and other information 

25 products derived from such information and other 


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1 homeland security-relevant information provided by 

2 the Department; 

3 ‘‘(4) assist in the dissemination of such products, 

4 under the coordination of the Chief Intelligence Offi5 cer, to law enforcement agencies and other emergency 

6 response providers of State, local, and tribal govern7 ment; and 

8 ‘‘(5) assist in the dissemination of such products 

9 to the Chief Intelligence Officer for collection and dis10 semination to other fusion centers. 

11 ‘‘(f) DATABASE ACCESS.—In order to fulfill the objec12 tives described under subsection (e), each officer or intel13 ligence analyst assigned to a fusion center under this sec14 tion shall have direct access to all relevant Federal data15 bases and information systems, consistent with any policies, 

16 guidelines, procedures, instructions, or standards estab17 lished by the President or, as appropriate, the program 

18 manager of the information sharing environment for the 

19 implementation and management of that environment. 

20 ‘‘(g) CONSUMER FEEDBACK.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall create a 

22 mechanism for any State, local, or tribal emergency 

23 response provider who is a consumer of the intel24 ligence or other information products described under 

25 subsection (e) to voluntarily provide feedback to the 


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1 Department on the quality and utility of such intel2 ligence products. 

3 ‘‘(2) RESULTS.—The results of the voluntary 

4 feedback under paragraph (1) shall be provided elec5 tronically to Congress and appropriate personnel of 

6 the Department. 

7 ‘‘(h) RULE OF CONSTRUCTION.— 

8 ‘‘(1) IN GENERAL.—The authorities granted 

9 under this section shall supplement the authorities 

10 granted under section 201(d) and nothing in this sec11 tion shall be construed to abrogate the authorities 

12 granted under section 201(d). 

13 ‘‘(2) PARTICIPATION.—Nothing in this section 

14 shall be construed to require a State, local, or regional 

15 government or entity to accept the assignment of offi16 cers or intelligence analysts of the Department into 

17 the fusion center of that State, locality, or region. 

18 ‘‘(i) GUIDELINES.—The Secretary, in consultation 

19 with the Attorney General of the United States, shall estab20 lish guidelines for fusion centers operated by State and local 

21 governments, to include standards that any such fusion cen22 ter shall— 

23 ‘‘(1) collaboratively develop a mission statement, 

24 identify expectations and goals, measure performance, 

25 and determine effectiveness for that fusion center; 


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1 ‘‘(2) create a representative governance structure 

2 that includes emergency response providers and, as 

3 appropriate, the private sector; 

4 ‘‘(3) create a collaborative environment for the 

5 sharing of information within the scope of the infor6 mation sharing environment established under section 

7 1016 of the Intelligence Reform and Terrorism Pre8 vention Act of 2004 (6 U.S.C. 485) among Federal, 

9 State, tribal, and local emergency response providers, 

10 the private sector, and the public, consistent with any 

11 policies, guidelines, procedures, instructions, or stand12 ards established by the President or, as appropriate, 

13 the program manager of the information sharing en14 vironment; 

15 ‘‘(4) leverage the databases, systems, and net16 works available from public and private sector enti17 ties to maximize information sharing; 

18 ‘‘(5) develop, publish, and adhere to a privacy 

19 and civil liberties policy consistent with Federal, 

20 State, and local law; 

21 ‘‘(6) ensure appropriate security measures are in 

22 place for the facility, data, and personnel; 

23 ‘‘(7) select and train personnel based on the 

24 needs, mission, goals, and functions of that fusion 

25 center; and 


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1 ‘‘(8) offer a variety of intelligence services and 

2 products to recipients of fusion center intelligence and 

3 information. 

4 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—Except 

5 for subsection (i), there are authorized to be appropriated 

6 $10,000,000 for each of fiscal years 2008 through 2012, to 

7 carry out this section, including for hiring officers and in8 telligence analysts to replace officers and intelligence ana9 lysts who are assigned to fusion centers under this section.’’. 

10 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

11 table of contents in section 1(b) of the Homeland Security 

12 Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting 

13 after the item relating to section 205, as added by this Act, 

14 the following: 

‘‘Sec. 206. State, Local, and Regional Information Fusion Center Initiative.’’. 

15 (c) REPORTS.— 

16 (1) CONCEPT OF OPERATIONS.—Not later than 

17 90 days after the date of enactment of this Act and 

18 before the State, Local, and Regional Fusion Center 

19 Initiative under section 206 of the Homeland Secu20 rity Act of 2002, as added by subsection (a), (in this 

21 section referred to as the ‘‘program’’) has been imple22 mented, the Secretary, in consultation with the Pri23 vacy Officer of the Department, the Officer for Civil 

24 Rights and Civil Liberties of the Department, and the 

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1 lished under section 1061 of the Intelligence Reform 

2 and Terrorist Prevention Act of 2004 (5 U.S.C. 601 

3 note), shall submit to the Committee on Homeland 

4 Security and Governmental Affairs of the Senate and 

5 the Committee on Homeland Security of the House of 

6 Representatives a report that contains a concept of 

7 operations for the program, which shall— 

8 (A) include a clear articulation of the pur9 poses, goals, and specific objectives for which the 

10 program is being developed; 

11 (B) identify stakeholders in the program 

12 and provide an assessment of their needs; 

13 (C) contain a developed set of quantitative 

14 metrics to measure, to the extent possible, pro15 gram output; 

16 (D) contain a developed set of qualitative 

17 instruments (including surveys and expert inter18 views) to assess the extent to which stakeholders 

19 believe their needs are being met; and 

20 (E) include a privacy and civil liberties im21 pact assessment. 

22 (2) PRIVACY AND CIVIL LIBERTIES.—Not later 

23 than 1 year after the date on which the program is 

24 implemented, the Privacy and Civil Liberties Over25 sight Board established under section 1061 of the InVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00037 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 telligence Reform and Terrorist Prevention Act of 

2 2004 (5 U.S.C. 601 note), in consultation with the 

3 Privacy Officer of the Department and the Officer for 

4 Civil Rights and Civil Liberties of the Department, 

5 shall submit to Congress, the Secretary, and the Chief 

6 Intelligence Officer of the Department a report on the 

7 privacy and civil liberties impact of the program. 

8 SEC. 122. HOMELAND SECURITY INFORMATION SHARING 

9 FELLOWS PROGRAM. 

10 (a) ESTABLISHMENT OF PROGRAM.—Subtitle A of title 

11 II of the Homeland Security Act of 2002 (6 U.S.C. 121 

12 et seq.), as amended by this Act, is amended by adding at 

13 the end the following: 

14 ‘‘SEC. 207. HOMELAND SECURITY INFORMATION SHARING 

15 FELLOWS PROGRAM. 

16 ‘‘(a) ESTABLISHMENT.— 

17 ‘‘(1) IN GENERAL.—The Secretary, acting 

18 through the Chief Intelligence Officer, and in con19 sultation with the Chief Human Capital Officer, shall 

20 establish a fellowship program in accordance with 

21 this section for the purpose of— 

22 ‘‘(A) detailing State, local, and tribal law 

23 enforcement officers and intelligence analysts to 

24 the Department in accordance with subchapter 

25 VI of chapter 33 of title 5, United States Code, 


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1 to participate in the work of the Office of Intel2 ligence and Analysis in order to become familiar 

3 with— 

4 ‘‘(i) the relevant missions and capa5 bilities of the Department and other Federal 

6 agencies; and 

7 ‘‘(ii) the role, programs, products, and 

8 personnel of the Office of Intelligence and 

9 Analysis; and 

10 ‘‘(B) promoting information sharing be11 tween the Department and State, local, and trib12 al law enforcement officers and intelligence ana13 lysts by assigning such officers and analysts to— 

14 ‘‘(i) serve as a point of contact in the 

15 Department to assist in the representation 

16 of State, local, and tribal homeland security 

17 information needs; 

18 ‘‘(ii) identify homeland security infor19 mation of interest to State, local, and tribal 

20 law enforcement officers, emergency response 

21 providers, and intelligence analysts; and 

22 ‘‘(iii) assist Department analysts in 

23 preparing and disseminating terrorism-re24 lated products that are tailored to State, 

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1 viders, law enforcement officers, and intel2 ligence analysts and designed to prepare for 

3 and thwart terrorist attacks. 

4 ‘‘(2) PROGRAM NAME.—The program under this 

5 section shall be known as the ‘Homeland Security In6 formation Sharing Fellows Program’. 

7 ‘‘(b) ELIGIBILITY.— 

8 ‘‘(1) IN GENERAL.—In order to be eligible for se9 lection as an Information Sharing Fellow under the 

10 program under this section, an individual shall— 

11 ‘‘(A) have homeland security-related respon12 sibilities; 

13 ‘‘(B) be eligible for an appropriate national 

14 security clearance; 

15 ‘‘(C) possess a valid need for access to clas16 sified information, as determined by the Chief 

17 Intelligence Officer; 

18 ‘‘(D) be an employee of an eligible entity; 

19 and 

20 ‘‘(E) have undergone appropriate privacy 

21 and civil liberties training that is developed, 

22 supported, or sponsored by the Privacy Officer 

23 and the Officer for Civil Rights and Civil Lib24 erties, in partnership with the Privacy and Civil 

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1 tion 1061 of the Intelligence Reform and Ter2 rorist Prevention Act of 2004 (5 U.S.C. 601 

3 note). 

4 ‘‘(2) ELIGIBLE ENTITIES.—In this subsection, 

5 the term ‘eligible entity’ means— 

6 ‘‘(A) a State, local, or regional fusion cen7 ter; 

8 ‘‘(B) a State or local law enforcement or 

9 other government entity that serves a major met10 ropolitan area, suburban area, or rural area, as 

11 determined by the Secretary; 

12 ‘‘(C) a State or local law enforcement or 

13 other government entity with port, border, or ag14 ricultural responsibilities, as determined by the 

15 Secretary; 

16 ‘‘(D) a tribal law enforcement or other au17 thority; or 

18 ‘‘(E) such other entity as the Secretary de19 termines is appropriate. 

20 ‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or 

21 tribal law enforcement or other government entity shall be 

22 required to participate in the Homeland Security Informa23 tion Sharing Fellows Program. 

24 ‘‘(d) PROCEDURES FOR NOMINATION AND SELEC25 TION.— 


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1 ‘‘(1) IN GENERAL.—The Chief Intelligence Officer 

2 shall establish procedures to provide for the nomina3 tion and selection of individuals to participate in the 

4 Homeland Security Information Sharing Fellows 

5 Program. 

6 ‘‘(2) LIMITATIONS.—The Chief Intelligence Offi7 cer shall— 

8 ‘‘(A) select law enforcement officers and in9 telligence analysts representing a broad cross-sec10 tion of State, local, and tribal agencies; and 

11 ‘‘(B) ensure that the number of Information 

12 Sharing Fellows selected does not impede the ac13 tivities of the Office of Intelligence and Analysis. 

14 ‘‘(e) DEFINITIONS.—In this section— 

15 ‘‘(1) the term ‘Chief Intelligence Officer’ means 

16 the Chief Intelligence Officer of the Department; and 

17 ‘‘(2) the term ‘Office of Intelligence and Anal18 ysis’ means the office of the Chief Intelligence Offi19 cer.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

21 table of contents in section 1(b) of the Homeland Security 

22 Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting 

23 after the item relating to section 206, as added by this Act, 

24 the following: 

‘‘Sec. 207. Homeland Security Information Sharing Fellows Program.’’. 

25 (c) REPORTS.— 


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1 (1) CONCEPT OF OPERATIONS.—Not later than 

2 90 days after the date of enactment of this Act, and 

3 before the implementation of the Homeland Security 

4 Information Sharing Fellows Program under section 

5 207 of the Homeland Security Act of 2002, as added 

6 by subsection (a), (in this section referred to as the 

7 ‘‘Program’’) the Secretary, in consultation with the 

8 Privacy Officer of the Department, the Officer for 

9 Civil Rights and Civil Liberties of the Department, 

10 and the Privacy and Civil Liberties Oversight Board 

11 established under section 1061 of the Intelligence Re12 form and Terrorist Prevention Act of 2004 (5 U.S.C. 

13 601 note), shall submit to the Committee on Home14 land Security and Governmental Affairs of the Senate 

15 and the Committee on Homeland Security of the 

16 House of Representatives a report that contains a 

17 concept of operations for the Program, which shall in18 clude a privacy and civil liberties impact assessment. 

19 (2) REVIEW OF PRIVACY IMPACT.—Not later than 

20 1 year after the date on which the Program is imple21 mented, the Privacy and Civil Liberties Oversight 

22 Board established under section 1061 of the Intel23 ligence Reform and Terrorist Prevention Act of 2004 

24 (5 U.S.C. 601 note), in consultation with the Privacy 

25 Officer of the Department and the Officer for Civil 


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1 Rights and Civil Liberties of the Department, shall 

2 submit to Congress, the Secretary, and the Chief Intel3 ligence Officer of the Department a report on the pri4 vacy and civil liberties impact of the Program. 

5 Subtitle C—Interagency Threat As6 sessment and Coordination 

7 Group 

8 SEC. 131. INTERAGENCY THREAT ASSESSMENT AND CO9 ORDINATION GROUP. 

10 (a) IN GENERAL.—As part of efforts to establish the 

11 information sharing environment established under section 

12 1016 of the Intelligence Reform and Terrorism Prevention 

13 Act of 2004 (6 U.S.C. 485), the program manager shall 

14 oversee and coordinate the creation and ongoing operation 

15 of an Interagency Threat Assessment and Coordination 

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

17 (b) RESPONSIBILITIES.—The ITACG shall facilitate 

18 the production of federally coordinated products derived 

19 from information within the scope of the information shar20 ing environment established under section 1016 of the Intel21 ligence Reform and Terrorism Prevention Act of 2004 (6 

22 U.S.C. 485) and intended for distribution to State, local, 

23 and tribal government officials and the private sector. 

24 (c) OPERATIONS.— 


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1 (1) IN GENERAL.—The ITACG shall be located at 

2 the facilities of the National Counterterrorism Center 

3 of the Office of the Director of National Intelligence. 

4 (2) MANAGEMENT.— 

5 (A) IN GENERAL.—The Secretary shall as6 sign a senior level officer to manage and direct 

7 the administration of the ITACG. 

8 (B) DISTRIBUTION.—The Secretary, in con9 sultation with the Attorney General and the 

10 heads of other agencies, as appropriate, shall de11 termine how specific products shall be distrib12 uted to State, local, and tribal officials and pri13 vate sector partners under this section. 

14 (C) STANDARDS FOR ADMISSION.—The Sec15 retary, acting through the Chief Intelligence Offi16 cer and in consultation with the Director of Na17 tional Intelligence, the Attorney General, and the 

18 program manager of the information sharing en19 vironment established under section 1016 of the 

20 Intelligence Reform and Terrorist Prevention Act 

21 of 2004 (6 U.S.C. 485), shall establish standards 

22 for the admission of law enforcement and intel23 ligence officials from a State, local, or tribal gov24 ernment into the ITACG. 

25 (d) MEMBERSHIP.— 


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1 (1) IN GENERAL.—The ITACG shall include rep2 resentatives of— 

3 (A) the Department; 

4 (B) the Federal Bureau of Investigation; 

5 (C) the Department of Defense; 

6 (D) the Department of Energy; 

7 (E) law enforcement and intelligence offi8 cials from State, local, and tribal governments, 

9 as appropriate; and 

10 (F) other Federal entities as appropriate. 

11 (2) CRITERIA.—The program manager for the 

12 information sharing environment, in consultation 

13 with the Secretary of Defense, the Secretary, the Di14 rector of National Intelligence, and the Director of the 

15 Federal Bureau of Investigation shall develop quali16 fying criteria and establish procedures for selecting 

17 personnel assigned to the ITACG and for the proper 

18 handling and safeguarding of information related to 

19 terrorism. 

20 (e) INAPPLICABILITY OF THE FEDERAL ADVISORY

21 COMMITTEE ACT.—The ITACG and any subsidiary groups 

22 thereof shall not be subject to the requirements of the Federal 

23 Advisory Committee Act (5 U.S.C. App.). 


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1 TITLE II—HOMELAND SECURITY 

2 GRANTS 

3 SEC. 201. SHORT TITLE. 

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

5 Grant Enhancement Act of 2007’’. 

6 SEC. 202. HOMELAND SECURITY GRANT PROGRAM. 

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

8 seq.) is amended by adding at the end the following: 

9 ‘‘TITLE XX—HOMELAND 

10 SECURITY GRANTS 

11 ‘‘SEC. 2001. DEFINITIONS. 

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

13 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis14 trator’ means the Administrator of the Federal Emer15 gency Management Agency. 

16 ‘‘(2) COMBINED STATISTICAL AREA.—The term 

17 ‘combined statistical area’ means a combined statis18 tical area, as defined by the Office of Management 

19 and Budget. 

20 ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term ‘di21 rectly eligible tribe’ means— 

22 ‘‘(A) any Indian tribe that— 

23 ‘‘(i) is located in the continental 

24 United States; 


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1 ‘‘(ii) operates a law enforcement or 

2 emergency response agency with the capac3 ity to respond to calls for law enforcement 

4 or emergency services; 

5 ‘‘(iii) is located— 

6 ‘‘(I) on, or within 50 miles of, an 

7 international border or a coastline bor8 dering an ocean or international wa9 ters; 

10 ‘‘(II) within 10 miles of critical 

11 infrastructure or has critical infra12 structure within its territory; or 

13 ‘‘(III) within or contiguous to 1 of 

14 the 50 largest metropolitan statistical 

15 areas in the United States; and 

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

17 State is not making funds distributed under 

18 this title available to the Indian tribe or 

19 consortium of Indian tribes for the purpose 

20 for which the Indian tribe or consortium of 

21 Indian tribes is seeking grant funds; and 

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

23 tribe satisfies the requirements of subparagraph 

24 (A). 


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1 ‘‘(4) ELIGIBLE METROPOLITAN AREA.—The term 

2 ‘eligible metropolitan area’ means the following: 

3 ‘‘(A) IN GENERAL.—A combination of 2 or 

4 more incorporated municipalities, counties, par5 ishes, or Indian tribes that— 

6 ‘‘(i) is within— 

7 ‘‘(I) any of the 100 largest metro8 politan statistical areas in the United 

9 States; or 

10 ‘‘(II) any combined statistical 

11 area, of which any metropolitan statis12 tical area described in subparagraph 

13 (A) is a part; and 

14 ‘‘(ii) includes the city with the largest 

15 population in that metropolitan statistical 

16 area. 

17 ‘‘(B) OTHER COMBINATIONS.—Any other 

18 combination of contiguous local or tribal govern19 ments that are formally certified by the Admin20 istrator as an eligible metropolitan area for pur21 poses of this title with the consent of the State 

22 or States in which such local or tribal govern23 ments are located. 

24 ‘‘(C) INCLUSION OF ADDITIONAL LOCAL

25 GOVERNMENTS.—An eligible metropolitan area 


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1 may include additional local or tribal govern2 ments outside the relevant metropolitan statis3 tical area or combined statistical area that are 

4 likely to be affected by, or be called upon to re5 spond to, a terrorist attack within the metropoli6 tan statistical area. 

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

8 the meaning given that term in section 4(e) of the In9 dian Self-Determination Act (25 U.S.C. 450b(e)). 

10 ‘‘(6) METROPOLITAN STATISTICAL AREA.—The 

11 term ‘metropolitan statistical area’ means a metro12 politan statistical area, as defined by the Office of 

13 Management and Budget. 

14 ‘‘(7) NATIONAL SPECIAL SECURITY EVENT.—The 

15 term ‘National Special Security Event’ means a des16 ignated event that, by virtue of its political, economic, 

17 social, or religious significance, may be the target of 

18 terrorism or other criminal activity. 

19 ‘‘(8) POPULATION.—The term ‘population’ 

20 means population according to the most recent United 

21 States census population estimates available at the 

22 start of the relevant fiscal year. 

23 ‘‘(9) POPULATION DENSITY.—The term ‘popu24 lation density’ means population divided by land 

25 area in square miles. 


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1 ‘‘(10) TARGET CAPABILITIES.—The term ‘target 

2 capabilities’ means the target capabilities for Federal, 

3 State, local, and tribal government preparedness for 

4 which guidelines are required to be established under 

5 section 646(a) of the Post-Katrina Emergency Man6 agement Reform Act of 2006 (6 U.S.C. 746(a)). 

7 ‘‘(11) TRIBAL GOVERNMENT.—The term ‘tribal 

8 government’ means the government of an Indian 

9 tribe. 

10 ‘‘SEC. 2002. HOMELAND SECURITY GRANT PROGRAM. 

11 ‘‘(a) ESTABLISHMENT.—There is established a Home12 land Security Grant Program, which shall consist of— 

13 ‘‘(1) the Urban Area Security Initiative estab14 lished under section 2003, or any successor thereto; 

15 ‘‘(2) the State Homeland Security Grant Pro16 gram established under section 2004, or any successor 

17 thereto; 

18 ‘‘(3) the Emergency Management Performance 

19 Grant Program established under section 2005 or any 

20 successor thereto; and 

21 ‘‘(4) the Emergency Communications and Inter22 operability Grants Program established under section 

23 1809, or any successor thereto. 

24 ‘‘(b) GRANTS AUTHORIZED.—The Secretary, through 

25 the Administrator, may award grants to State, local, and 


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1 tribal governments under the Homeland Security Grant 

2 Program for the purposes of this title. 

3 ‘‘(c) PROGRAMS NOT AFFECTED.—This title shall not 

4 be construed to affect any authority to award grants under 

5 any of the following Federal programs: 

6 ‘‘(1) The firefighter assistance programs author7 ized under section 33 and 34 of the Federal Fire Pre8 vention and Control Act of 1974 (15 U.S.C. 2229 and 

9 2229a). 

10 ‘‘(2) Except as provided in subsection (d), all 

11 grant programs authorized under the Robert T. Staf12 ford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5121 et seq.), including the Urban Search 

14 and Rescue Grant Program. 

15 ‘‘(3) Grants to protect critical infrastructure, in16 cluding port security grants authorized under section 

17 70107 of title 46, United States Code. 

18 ‘‘(4) The Metropolitan Medical Response System 

19 authorized under section 635 of the Post-Katrina 

20 Emergency Management Reform Act of 2006 (6 

21 U.S.C. 723). 

22 ‘‘(5) Grant programs other than those adminis23 tered by the Department. 

24 ‘‘(d) RELATIONSHIP TO OTHER LAWS.— 


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1 ‘‘(1) IN GENERAL.—The Homeland Security 

2 Grant Program shall supercede— 

3 ‘‘(A) all grant programs authorized under 

4 section 1014 of the USA PATRIOT Act (42 

5 U.S.C. 3714); and 

6 ‘‘(B) the Emergency Management Perform7 ance Grant authorized under the Robert T. Staf8 ford Disaster Relief and Emergency Assistance 

9 Act (42 U.S.C. 5121 et seq.) and section 662 of 

10 the Post-Katrina Emergency Management Re11 form Act of 2006 (6 U.S.C. 762). 

12 ‘‘(2) PROGRAM INTEGRITY.—Each grant pro13 gram described under paragraphs (1) through (4) of 

14 subsection (a) shall include, consistent with the Im15 proper Payments Information Act of 2002 (31 U.S.C. 

16 3321 note), policies and procedures for— 

17 ‘‘(A) identifying activities funded under the 

18 Homeland Security Grant Program that are sus19 ceptible to significant improper payments; and 

20 ‘‘(B) reporting the incidence of improper 

21 payments to the Department. 

22 ‘‘(3) ALLOCATION.—Except as provided under 

23 paragraph (2) of this subsection, the allocation of 

24 grants authorized under this title shall be governed by 


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1 the terms of this title and not by any other provision 

2 of law. 

3 ‘‘(e) MINIMUM PERFORMANCE REQUIREMENTS.— 

4 ‘‘(1) IN GENERAL.—The Administrator shall— 

5 ‘‘(A) establish minimum performance re6 quirements for entities that receive homeland se7 curity grants; 

8 ‘‘(B) conduct, in coordination with State, 

9 regional, local, and tribal governments receiving 

10 grants under the Homeland Security Grant Pro11 gram, simulations and exercises to test the min12 imum performance requirements established 

13 under subparagraph (A) for— 

14 ‘‘(i) emergencies (as that term is de15 fined in section 102 of the Robert T. Staf16 ford Disaster Relief and Emergency Assist17 ance Act (42 U.S.C. 5122)) and major dis18 asters not less than twice each year; and 

19 ‘‘(ii) catastrophic incidents (as that 

20 term is defined in section 501) not less than 

21 once each year; and 

22 ‘‘(C) ensure that entities that the Adminis23 trator determines are failing to demonstrate 

24 minimum performance requirements established 

25 under subparagraph (A) shall remedy the areas 


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1 of failure, not later than the end of the second 

2 full fiscal year after the date of such determina3 tion by— 

4 ‘‘(i) establishing a plan for the achieve5 ment of the minimum performance require6 ments under subparagraph (A), including— 

7 ‘‘(I) developing intermediate indi8 cators for the 2 fiscal years following 

9 the date of such determination; and 

10 ‘‘(II) conducting additional sim11 ulations and exercises; and 

12 ‘‘(ii) revising an entity’s homeland se13 curity plan, if necessary, to achieve the 

14 minimum performance requirements under 

15 subparagraph (A). 

16 ‘‘(2) WAIVER.—At the discretion of the Adminis17 trator, the occurrence of an actual emergency, major 

18 disaster, or catastrophic incident in an area may be 

19 deemed as a simulation under paragraph (1)(B). 

20 ‘‘(3) REPORT TO CONGRESS.—Not later than the 

21 end of the first full fiscal year after the date of enact22 ment of the Improving America’s Security Act of 

23 2007, and each fiscal year thereafter, the Adminis24 trator shall submit to the Committee on Homeland 

25 Security and Governmental Affairs of the Senate and 


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1 to the Committee on Homeland Security of the House 

2 of Representatives a report describing— 

3 ‘‘(A) the performance of grantees under 

4 paragraph (1)(A); 

5 ‘‘(B) lessons learned through the simulations 

6 and exercises under paragraph (1)(B); and 

7 ‘‘(C) efforts being made to remedy failed 

8 performance under paragraph (1)(C). 

9 ‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE. 

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

11 Area Security Initiative to provide grants to assist high12 risk metropolitan areas in preventing, preparing for, pro13 tecting against, responding to, and recovering from acts of 

14 terrorism. 

15 ‘‘(b) APPLICATION.— 

16 ‘‘(1) IN GENERAL.—An eligible metropolitan 

17 area may apply for grants under this section. 

18 ‘‘(2) ANNUAL APPLICATIONS.—Applicants for 

19 grants under this section shall apply or reapply on 

20 an annual basis for grants distributed under the pro21 gram. 

22 ‘‘(3) INFORMATION.—In an application for a 

23 grant under this section, an eligible metropolitan area 

24 shall submit— 


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1 ‘‘(A) a plan describing the proposed divi2 sion of responsibilities and distribution of fund3 ing among the local and tribal governments in 

4 the eligible metropolitan area; 

5 ‘‘(B) the name of an individual to serve as 

6 a metropolitan area liaison with the Department 

7 and among the various jurisdictions in the met8 ropolitan area; and 

9 ‘‘(C) such information in support of the ap10 plication as the Administrator may reasonably 

11 require. 

12 ‘‘(c) STATE REVIEW AND TRANSMISSION.— 

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

14 State homeland security plans, an eligible metropoli15 tan area applying for a grant under this section shall 

16 submit its application to each State within which 

17 any part of the eligible metropolitan area is located 

18 for review before submission of such application to the 

19 Department. 

20 ‘‘(2) DEADLINE.—Not later than 30 days after 

21 receiving an application from an eligible metropoli22 tan area under paragraph (1), each such State shall 

23 transmit the application to the Department. 

24 ‘‘(3) STATE DISAGREEMENT.—If the Governor of 

25 any such State determines that an application of an 


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1 eligible metropolitan area is inconsistent with the 

2 State homeland security plan of that State, or other3 wise does not support the application, the Governor 

4 shall— 

5 ‘‘(A) notify the Administrator, in writing, 

6 of that fact; and 

7 ‘‘(B) provide an explanation of the reason 

8 for not supporting the application at the time of 

9 transmission of the application. 

10 ‘‘(d) PRIORITIZATION.—In allocating funds among 

11 metropolitan areas applying for grants under this section, 

12 the Administrator shall consider— 

13 ‘‘(1) the relative threat, vulnerability, and con14 sequences faced by the eligible metropolitan area from 

15 a terrorist attack, including consideration of— 

16 ‘‘(A) the population of the eligible metro17 politan area, including appropriate consider18 ation of military, tourist, and commuter popu19 lations; 

20 ‘‘(B) the population density of the eligible 

21 metropolitan area; 

22 ‘‘(C) the history of threats faced by the eligi23 ble metropolitan area, including— 


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1 ‘‘(i) whether there has been a prior ter2 rorist attack in the eligible metropolitan 

3 area; and 

4 ‘‘(ii) whether any part of the eligible 

5 metropolitan area, or any critical infra6 structure or key resource within the eligible 

7 metropolitan area, has ever experienced a 

8 higher threat level under the Homeland Se9 curity Advisory System than other parts of 

10 the United States; 

11 ‘‘(D) the degree of threat, vulnerability, and 

12 consequences to the eligible metropolitan area re13 lated to critical infrastructure or key resources 

14 identified by the Secretary or the State homeland 

15 security plan, including threats, vulnerabilities, 

16 and consequences from critical infrastructure in 

17 nearby jurisdictions; 

18 ‘‘(E) whether the eligible metropolitan area 

19 is located at or near an international border; 

20 ‘‘(F) whether the eligible metropolitan area 

21 has a coastline bordering ocean or international 

22 waters; 

23 ‘‘(G) threats, vulnerabilities, and con24 sequences faced by the eligible metropolitan area 

25 related to at-risk sites or activities in nearby juVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00059 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 risdictions, including the need to respond to ter2 rorist attacks arising in those jurisdictions; 

3 ‘‘(H) the most current threat assessments 

4 available to the Department; 

5 ‘‘(I) the extent to which the eligible metro6 politan area has unmet target capabilities; 

7 ‘‘(J) the extent to which the eligible metro8 politan area includes— 

9 ‘‘(i) all incorporated municipalities, 

10 counties, parishes, and Indian tribes within 

11 the relevant metropolitan statistical area or 

12 combined statistical area; and 

13 ‘‘(ii) other local governments and tribes 

14 that are likely to be called upon to respond 

15 to a terrorist attack within the eligible met16 ropolitan area; and 

17 ‘‘(K) such other factors as are specified in 

18 writing by the Administrator; and 

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

20 spending plan for the eligible metropolitan area in 

21 increasing the ability of that eligible metropolitan 

22 area to prevent, prepare for, protect against, respond 

23 to, and recover from terrorism, to meet its target ca24 pabilities, and to otherwise reduce the overall risk to 

25 the metropolitan area, the State, and the Nation. 


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1 ‘‘(e) OPPORTUNITY TO AMEND.—In considering appli2 cations for grants under this section, the Administrator 

3 shall provide applicants with a reasonable opportunity to 

4 correct defects in the application, if any, before making 

5 final awards. 

6 ‘‘(f) ALLOWABLE USES.—Grants awarded under this 

7 section may be used to achieve target capabilities, consistent 

8 with a State homeland security plan and relevant local and 

9 regional homeland security plans, through— 

10 ‘‘(1) developing and enhancing State, local, or 

11 regional plans, risk assessments, or mutual aid agree12 ments; 

13 ‘‘(2) purchasing, upgrading, storing, or main14 taining equipment; 

15 ‘‘(3) designing, conducting, and evaluating 

16 training and exercises, including exercises of mass 

17 evacuation plans under section 512 and including the 

18 payment of overtime and backfill costs in support of 

19 such activities; 

20 ‘‘(4) responding to an increase in the threat level 

21 under the Homeland Security Advisory System, or to 

22 the needs resulting from a National Special Security 

23 Event, including payment of overtime and backfill 

24 costs; 


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1 ‘‘(5) establishing, enhancing, and staffing with 

2 appropriately qualified personnel State and local fu3 sion centers that comply with the guidelines estab4 lished under section 206(i); 

5 ‘‘(6) protecting critical infrastructure and key 

6 resources identified in the Critical Infrastructure List 

7 established under section 1001 of the Improving 

8 America’s Security Act of 2007, including the pay9 ment of appropriate personnel costs; 

10 ‘‘(7) any activity permitted under the Fiscal 

11 Year 2007 Program Guidance of the Department for 

12 the Urban Area Security Initiative or the Law En13 forcement Terrorism Prevention Grant Program, in14 cluding activities permitted under the full-time 

15 counterterrorism staffing pilot; and 

16 ‘‘(8) any other activity relating to achieving tar17 get capabilities approved by the Administrator. 

18 ‘‘(g) DISTRIBUTION OF AWARDS TO METROPOLITAN

19 AREAS.— 

20 ‘‘(1) IN GENERAL.—If the Administrator ap21 proves the application of an eligible metropolitan 

22 area for a grant under this section, the Administrator 

23 shall distribute the grant funds to the State or States 

24 in which the eligible metropolitan area is located. 


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1 ‘‘(2) STATE DISTRIBUTION OF FUNDS.—Each 

2 State shall provide the eligible metropolitan area not 

3 less than 80 percent of the grant funds. Any funds re4 tained by a State shall be expended on items or serv5 ices approved by the Administrator that benefit the el6 igible metropolitan area. 

7 ‘‘(3) MULTISTATE REGIONS.—If parts of an eli8 gible metropolitan area awarded a grant are located 

9 in 2 or more States, the Secretary shall distribute to 

10 each such State— 

11 ‘‘(A) a portion of the grant funds in accord12 ance with the proposed distribution set forth in 

13 the application; or 

14 ‘‘(B) if no agreement on distribution has 

15 been reached, a portion of the grant funds in 

16 proportion to each State’s share of the popu17 lation of the eligible metropolitan area. 

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

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

20 Homeland Security Grant Program to assist State, local, 

21 and tribal governments in preventing, preparing for, pro22 tecting against, responding to, and recovering from acts of 

23 terrorism. 

24 ‘‘(b) APPLICATION.— 


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

2 grant under this section, and shall submit such infor3 mation in support of the application as the Adminis4 trator may reasonably require. 

5 ‘‘(2) ANNUAL APPLICATIONS.—Applicants for 

6 grants under this section shall apply or reapply on 

7 an annual basis for grants distributed under the pro8 gram. 

9 ‘‘(c) PRIORITIZATION.—In allocating funds among 

10 States applying for grants under this section, the Adminis11 trator shall consider— 

12 ‘‘(1) the relative threat, vulnerability, and con13 sequences faced by a State from a terrorist attack, in14 cluding consideration of— 

15 ‘‘(A) the size of the population of the State, 

16 including appropriate consideration of military, 

17 tourist, and commuter populations; 

18 ‘‘(B) the population density of the State; 

19 ‘‘(C) the history of threats faced by the 

20 State, including— 

21 ‘‘(i) whether there has been a prior ter22 rorist attack in an urban area that is whol23 ly or partly in the State, or in the State 

24 itself; and 


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1 ‘‘(ii) whether any part of the State, or 

2 any critical infrastructure or key resource 

3 within the State, has ever experienced a 

4 higher threat level under the Homeland Se5 curity Advisory System than other parts of 

6 the United States; 

7 ‘‘(D) the degree of threat, vulnerability, and 

8 consequences related to critical infrastructure or 

9 key resources identified by the Secretary or the 

10 State homeland security plan; 

11 ‘‘(E) whether the State has an international 

12 border; 

13 ‘‘(F) whether the State has a coastline bor14 dering ocean or international waters; 

15 ‘‘(G) threats, vulnerabilities, and con16 sequences faced by a State related to at-risk sites 

17 or activities in adjacent States, including the 

18 State’s need to respond to terrorist attacks aris19 ing in adjacent States; 

20 ‘‘(H) the most current threat assessments 

21 available to the Department; 

22 ‘‘(I) the extent to which the State has unmet 

23 target capabilities; and 

24 ‘‘(J) such other factors as are specified in 

25 writing by the Administrator; 


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

2 spending plan of the State in increasing the ability 

3 of the State to— 

4 ‘‘(A) prevent, prepare for, protect against, 

5 respond to, and recover from terrorism; 

6 ‘‘(B) meet the target capabilities of the 

7 State; and 

8 ‘‘(C) otherwise reduce the overall risk to the 

9 State and the Nation; and 

10 ‘‘(3) the need to balance the goal of ensuring the 

11 target capabilities of the highest risk areas are 

12 achieved quickly and the goal of ensuring that basic 

13 levels of preparedness, as measured by the attainment 

14 of target capabilities, are achieved nationwide. 

15 ‘‘(d) MINIMUM ALLOCATION.—In allocating funds 

16 under subsection (c), the Administrator shall ensure that, 

17 for each fiscal year— 

18 ‘‘(1) except as provided for in paragraph (2), no 

19 State receives less than an amount equal to 0.45 per20 cent of the total funds appropriated for the State 

21 Homeland Security Grant Program; and 

22 ‘‘(2) American Samoa, the Commonwealth of the 

23 Northern Mariana Islands, Guam, and the Virgin Is24 lands each receive not less than 0.08 percent of the 


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1 amounts appropriated for the State Homeland Secu2 rity Grant Program. 

3 ‘‘(e) MULTISTATE PARTNERSHIPS.— 

4 ‘‘(1) IN GENERAL.—Instead of, or in addition to, 

5 any application for funds under subsection (b), 2 or 

6 more States may submit an application under this 

7 paragraph for multistate efforts to prevent, prepare 

8 for, protect against, respond to, or recover from acts 

9 of terrorism. 

10 ‘‘(2) GRANTEES.—Multistate grants may be 

11 awarded to either— 

12 ‘‘(A) an individual State acting on behalf of 

13 a consortium or partnership of States with the 

14 consent of all member States; or 

15 ‘‘(B) a group of States applying as a con16 sortium or partnership. 

17 ‘‘(3) ADMINISTRATION OF GRANT.—If a group of 

18 States apply as a consortium or partnership such 

19 States shall submit to the Secretary at the time of ap20 plication a plan describing— 

21 ‘‘(A) the division of responsibilities for ad22 ministering the grant; and 

23 ‘‘(B) the distribution of funding among the 

24 various States and entities that are party to the 

25 application. 


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1 ‘‘(f) FUNDING FOR LOCAL AND TRIBAL GOVERN2 MENTS.— 

3 ‘‘(1) IN GENERAL.—The Administrator shall re4 quire that, not later than 60 days after receiving 

5 grant funding, any State receiving a grant under this 

6 section shall make available to local and tribal gov7 ernments and emergency response providers, con8 sistent with the applicable State homeland security 

9 plan— 

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

11 funds; 

12 ‘‘(B) with the consent of local and tribal 

13 governments, the resources purchased with such 

14 grant funds having a value equal to not less than 

15 80 percent of the amount of the grant; or 

16 ‘‘(C) grant funds combined with resources 

17 purchased with the grant funds having a value 

18 equal to not less than 80 percent of the amount 

19 of the grant. 

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

21 State may request in writing that the Administrator 

22 extend the period under paragraph (1) for an addi23 tional period of time. The Administrator may ap24 prove such a request, and may extend such period for 

25 an additional period, if the Administrator determines 


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1 that the resulting delay in providing grant funding to 

2 the local and tribal governments and emergency re3 sponse providers is necessary to promote effective in4 vestments to prevent, prepare for, protect against, re5 spond to, and recover from terrorism, or to meet the 

6 target capabilities of the State. 

7 ‘‘(3) INDIAN TRIBES.—States shall be responsible 

8 for allocating grant funds received under this section 

9 to tribal governments in order to help those tribal 

10 communities achieve target capabilities. Indian tribes 

11 shall be eligible for funding directly from the States, 

12 and shall not be required to seek funding from any 

13 local government. 

14 ‘‘(4) EXCEPTION.—Paragraph (1) shall not 

15 apply to the District of Columbia, the Commonwealth 

16 of Puerto Rico, American Samoa, the Commonwealth 

17 of the Northern Mariana Islands, Guam, or the Vir18 gin Islands. 

19 ‘‘(g) GRANTS TO DIRECTLY ELIGIBLE TRIBES.— 

20 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

21 (b), the Secretary may award grants to directly eligi22 ble tribes under this section. 

23 ‘‘(2) TRIBAL APPLICATIONS.—A directly eligible 

24 tribe may apply for a grant under this section by 

25 submitting an application to the Administrator that 


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1 includes the information required for an application 

2 by a State under subsection (b). 

3 ‘‘(3) STATE REVIEW.— 

4 ‘‘(A) IN GENERAL.—To ensure consistency 

5 with State homeland security plans, a directly 

6 eligible tribe applying for a grant under this sec7 tion shall submit its application to each State 

8 within which any part of the tribe is located for 

9 review before submission of such application to 

10 the Department. 

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

12 after receiving an application from a directly el13 igible tribe under subparagraph (A), each such 

14 State shall transmit the application to the De15 partment. 

16 ‘‘(C) STATE DISAGREEMENT.—If the Gov17 ernor of any such State determines that the ap18 plication of a directly eligible tribe is incon19 sistent with the State homeland security plan of 

20 that State, or otherwise does not support the ap21 plication, the Governor shall— 

22 ‘‘(i) notify the Administrator, in writ23 ing, of that fact; and 


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1 ‘‘(ii) provide an explanation of the rea2 son for not supporting the application at 

3 the time of transmission of the application. 

4 ‘‘(4) DISTRIBUTION OF AWARDS TO DIRECTLY

5 ELIGIBLE TRIBES.—If the Administrator awards 

6 funds to a directly eligible tribe under this section, the 

7 Administrator shall distribute the grant funds di8 rectly to the directly eligible tribe. The funds shall not 

9 be distributed to the State or States in which the di10 rectly eligible tribe is located. 

11 ‘‘(5) TRIBAL LIAISON.—A directly eligible tribe 

12 applying for a grant under this section shall des13 ignate a specific individual to serve as the tribal liai14 son who shall— 

15 ‘‘(A) coordinate with Federal, State, local, 

16 regional, and private officials concerning ter17 rorism preparedness; 

18 ‘‘(B) develop a process for receiving input 

19 from Federal, State, local, regional, and private 

20 officials to assist in the development of the appli21 cation of such tribe and to improve the access of 

22 such tribe to grants; and 

23 ‘‘(C) administer, in consultation with State, 

24 local, regional, and private officials, grants 

25 awarded to such tribe. 


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1 ‘‘(6) TRIBES RECEIVING DIRECT GRANTS.—A di2 rectly eligible tribe that receives a grant directly 

3 under this section is eligible to receive funds for other 

4 purposes under a grant from the State or States with5 in the boundaries of which any part of such tribe is 

6 located, consistent with the homeland security plan of 

7 the State. 

8 ‘‘(7) RULE OF CONSTRUCTION.—Nothing in this 

9 section shall be construed to affect the authority of an 

10 Indian tribe that receives funds under this section. 

11 ‘‘(h) OPPORTUNITY TO AMEND.—In considering appli12 cations for grants under this section, the Administrator 

13 shall provide applicants with a reasonable opportunity to 

14 correct defects in the application, if any, before making 

15 final awards. 

16 ‘‘(i) ALLOWABLE USES.—Grants awarded under this 

17 section may be used to achieve target capabilities, consistent 

18 with a State homeland security plan, through— 

19 ‘‘(1) developing and enhancing State, local, trib20 al, or regional plans, risk assessments, or mutual aid 

21 agreements; 

22 ‘‘(2) purchasing, upgrading, storing, or main23 taining equipment; 

24 ‘‘(3) designing, conducting, and evaluating 

25 training and exercises, including exercises of mass 


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1 evacuation plans under section 512 and including the 

2 payment of overtime and backfill costs in support of 

3 such activities; 

4 ‘‘(4) responding to an increase in the threat level 

5 under the Homeland Security Advisory System, in6 cluding payment of overtime and backfill costs; 

7 ‘‘(5) establishing, enhancing, and staffing with 

8 appropriately qualified personnel State and local fu9 sion centers, that comply with the guidelines estab10 lished under section 206(i); 

11 ‘‘(6) protecting critical infrastructure and key 

12 resources identified in the Critical Infrastructure List 

13 established under section 1001 of the Improving 

14 America’s Security Act of 2007, including the pay15 ment of appropriate personnel costs; 

16 ‘‘(7) any activity permitted under the Fiscal 

17 Year 2007 Program Guidance of the Department for 

18 the State Homeland Security Grant Program or the 

19 Law Enforcement Terrorism Prevention Grant Pro20 gram, including activities permitted under the full21 time counterterrorism staffing pilot; and 

22 ‘‘(8) any other activity relating to achieving tar23 get capabilities approved by the Administrator. 


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1 ‘‘SEC. 2005. EMERGENCY MANAGEMENT PERFORMANCE 

2 GRANTS PROGRAM. 

3 ‘‘(a) ESTABLISHMENT.—There is established an Emer4 gency Management Performance Grants Program to make 

5 grants to States to assist State, local, and tribal govern6 ments in preventing, preparing for, protecting against, re7 sponding to, recovering from, and mitigating against all 

8 hazards, including natural disasters, acts of terrorism, and 

9 other man-made disasters. 

10 ‘‘(b) APPLICATION.— 

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

12 grant under this section, and shall submit such infor13 mation in support of an application as the Adminis14 trator may reasonably require. 

15 ‘‘(2) ANNUAL APPLICATIONS.—Applicants for 

16 grants under this section shall apply or reapply on 

17 an annual basis for grants distributed under the pro18 gram. 

19 ‘‘(c) ALLOCATION.—Funds available under the Emer20 gency Management Performance Grants Program shall be 

21 allocated as follows: 

22 ‘‘(1) BASELINE AMOUNT.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), each State shall receive an 

25 amount equal to 0.75 percent of the total funds 

26 appropriated for grants under this section. 


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1 ‘‘(B) TERRITORIES.—American Samoa, the 

2 Commonwealth of the Northern Mariana Islands, 

3 Guam, and the Virgin Islands each shall receive 

4 an amount equal to 0.25 percent of the amounts 

5 appropriated for grants under this section. 

6 ‘‘(2) PER CAPITA ALLOCATION.—The funds re7 maining for grants under this section after allocation 

8 of the baseline amounts under paragraph (1) shall be 

9 allocated to each State in proportion to its popu10 lation. 

11 ‘‘(d) ALLOWABLE USES.—Grants awarded under this 

12 section may be used to achieve target capabilities, consistent 

13 with a State homeland security plan or a catastrophic inci14 dent annex developed under section 613 of the Robert T. 

15 Stafford Disaster Relief and Emergency Assistance Act (42 

16 U.S.C. 5196b) through— 

17 ‘‘(1) any activity permitted under the Fiscal 

18 Year 2007 Program Guidance of the Department for 

19 Emergency Management Performance Grants; and 

20 ‘‘(2) any other activity approved by the Admin21 istrator that will improve the capability of a State, 

22 local, or tribal government in preventing, preparing 

23 for, protecting against, responding to, recovering 

24 from, or mitigating against all hazards, including 


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1 natural disasters, acts of terrorism, and other man2 made disasters. 

3 ‘‘(e) COST SHARING.— 

4 ‘‘(1) IN GENERAL.—The Federal share of the 

5 costs of an activity carried out with a grant under 

6 this section shall not exceed 75 percent. 

7 ‘‘(2) IN-KIND MATCHING.—Each recipient of a 

8 grant under this section may meet the matching re9 quirement under paragraph (1) by making in-kind 

10 contributions of goods or services that are directly 

11 linked with the purpose for which the grant is made. 

12 ‘‘(f) LOCAL AND TRIBAL GOVERNMENTS.— 

13 ‘‘(1) IN GENERAL.—In allocating grant funds re14 ceived under this section, a State shall take into ac15 count the needs of local and tribal governments. 

16 ‘‘(2) INDIAN TRIBES.—States shall be responsible 

17 for allocating grant funds received under this section 

18 to tribal governments in order to help those tribal 

19 communities improve their capabilities in preventing, 

20 preparing for, protecting against, responding to, re21 covering from, or mitigating against all hazards, in22 cluding natural disasters, acts of terrorism, and other 

23 man-made disasters. Indian tribes shall be eligible for 

24 funding directly from the States, and shall not be re25 quired to seek funding from any local government. 


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1 ‘‘SEC. 2006. TERRORISM PREVENTION. 

2 ‘‘(a) LAW ENFORCEMENT TERRORISM PREVENTION

3 PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Administrator shall des5 ignate not less than 25 percent of the combined 

6 amount appropriated for grants under sections 2003 

7 and 2004 to be used for law enforcement terrorism 

8 prevention activities. 

9 ‘‘(2) USE OF FUNDS.—Grants awarded under 

10 this subsection may be used for— 

11 ‘‘(A) information sharing to preempt ter12 rorist attacks; 

13 ‘‘(B) target hardening to reduce the vulner14 ability of selected high value targets; 

15 ‘‘(C) threat recognition to recognize the po16 tential or development of a threat; 

17 ‘‘(D) intervention activities to interdict ter18 rorists before they can execute a threat; 

19 ‘‘(E) overtime expenses related to a State 

20 homeland security plan, including overtime costs 

21 associated with providing enhanced law enforce22 ment operations in support of Federal agencies 

23 for increased border security and border crossing 

24 enforcement; 

25 ‘‘(F) establishing, enhancing, and staffing 

26 with appropriately qualified personnel State and 


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1 local fusion centers that comply with the guide2 lines established under section 206(i); 

3 ‘‘(G) any other activity permitted under the 

4 Fiscal Year 2007 Program Guidance of the De5 partment for the Law Enforcement Terrorism 

6 Prevention Program; and 

7 ‘‘(H) any other terrorism prevention activ8 ity authorized by the Administrator. 

9 ‘‘(b) OFFICE FOR THE PREVENTION OF TERRORISM.— 

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

11 the Department an Office for the Prevention of Ter12 rorism, which shall be headed by a Director. 

13 ‘‘(2) DIRECTOR.— 

14 ‘‘(A) REPORTING.—The Director of the Of15 fice for the Prevention of Terrorism shall report 

16 directly to the Secretary. 

17 ‘‘(B) QUALIFICATIONS.—The Director of the 

18 Office for the Prevention of Terrorism shall have 

19 an appropriate background with experience in 

20 law enforcement, intelligence, or other 

21 antiterrorist functions. 

22 ‘‘(3) ASSIGNMENT OF PERSONNEL.— 

23 ‘‘(A) IN GENERAL.—The Secretary shall as24 sign to the Office for the Prevention of Terrorism 

25 permanent staff and other appropriate personnel 


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1 detailed from other components of the Depart2 ment to carry out the responsibilities under this 

3 section. 

4 ‘‘(B) LIAISONS.—The Secretary shall des5 ignate senior employees from each component of 

6 the Department that has significant 

7 antiterrorism responsibilities to act as liaisons 

8 between that component and the Office for the 

9 Prevention of Terrorism. 

10 ‘‘(4) RESPONSIBILITIES.—The Director of the Of11 fice for the Prevention of Terrorism shall— 

12 ‘‘(A) coordinate policy and operations be13 tween the Department and State, local, and trib14 al government agencies relating to preventing 

15 acts of terrorism within the United States; 

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

17 and tribal law enforcement agencies and the De18 partment; 

19 ‘‘(C) in coordination with the Office of In20 telligence and Analysis, develop better methods 

21 for the sharing of intelligence with State, local, 

22 and tribal law enforcement agencies; 

23 ‘‘(D) work with the Administrator to ensure 

24 that homeland security grants to State, local, 

25 and tribal government agencies, including grants 


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1 under this title, the Commercial Equipment Di2 rect Assistance Program, and grants to support 

3 fusion centers and other law enforcement-ori4 ented programs are adequately focused on ter5 rorism prevention activities; and 

6 ‘‘(E) coordinate with the Federal Emer7 gency Management Agency, the Department of 

8 Justice, the National Institute of Justice, law en9 forcement organizations, and other appropriate 

10 entities to support the development, promulga11 tion, and updating, as necessary, of national vol12 untary consensus standards for training and 

13 personal protective equipment to be used in a 

14 tactical environment by law enforcement officers. 

15 ‘‘(5) PILOT PROJECT.— 

16 ‘‘(A) IN GENERAL.—The Director of the Of17 fice for the Prevention of Terrorism, in coordina18 tion with the Administrator, shall establish a 

19 pilot project to determine the efficacy and feasi20 bility of establishing law enforcement deployment 

21 teams. 

22 ‘‘(B) FUNCTION.—The law enforcement de23 ployment teams participating in the pilot pro24 gram under this paragraph shall form the basis 

25 of a national network of standardized law enVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00080 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 forcement resources to assist State, local, and 

2 tribal governments in responding to natural dis3 asters, acts of terrorism, or other man-made dis4 aster. 

5 ‘‘(6) CONSTRUCTION.—Nothing in this section 

6 may be construed to affect the roles or responsibilities 

7 of the Department of Justice. 

8 ‘‘SEC. 2007. RESTRICTIONS ON USE OF FUNDS. 

9 ‘‘(a) LIMITATIONS ON USE.— 

10 ‘‘(1) CONSTRUCTION.— 

11 ‘‘(A) IN GENERAL.—Grants awarded under 

12 this title may not be used to acquire land or to 

13 construct buildings or other physical facilities. 

14 ‘‘(B) EXCEPTIONS.— 

15 ‘‘(i) IN GENERAL.—Notwithstanding 

16 subparagraph (A), nothing in this para17 graph shall prohibit the use of grants 

18 awarded under this title to achieve target 

19 capabilities through— 

20 ‘‘(I) the construction of facilities 

21 described in section 611 of the Robert 

22 T. Stafford Disaster Relief and Emer23 gency Assistance Act (42 U.S.C. 5196); 

24 or 


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1 ‘‘(II) the alteration or remodeling 

2 of existing buildings for the purpose of 

3 making such buildings secure against 

4 terrorist attacks or able to withstand 

5 or protect against chemical, radio6 logical, or biological attacks. 

7 ‘‘(ii) REQUIREMENTS FOR EXCEP8 TION.—No grant awards may be used for 

9 the purposes under clause (i) unless— 

10 ‘‘(I) specifically approved by the 

11 Administrator; 

12 ‘‘(II) the construction occurs 

13 under terms and conditions consistent 

14 with the requirements under section 

15 611(j)(8) of the Robert T. Stafford Dis16 aster Relief and Emergency Assistance 

17 Act (42 U.S.C. 5196(j)(8)); and 

18 ‘‘(III) the amount allocated for 

19 purposes under clause (i) does not ex20 ceed 20 percent of the grant award. 

21 ‘‘(2) PERSONNEL.— 

22 ‘‘(A) IN GENERAL.—For any grant awarded 

23 under section 2003 or 2004— 

24 ‘‘(i) not more than 25 percent of the 

25 amount awarded to a grant recipient may 


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1 be used to pay overtime and backfill costs; 

2 and 

3 ‘‘(ii) not more than 25 percent of the 

4 amount awarded to the grant recipient may 

5 be used to pay personnel costs not described 

6 in clause (i). 

7 ‘‘(B) WAIVER.—At the request of the recipi8 ent of a grant under section 2003 or section 

9 2004, the Administrator may grant a waiver of 

10 any limitation under subparagraph (A). 

11 ‘‘(3) RECREATION.—Grants awarded under this 

12 title may not be used for recreational or social pur13 poses. 

14 ‘‘(b) MULTIPLE-PURPOSE FUNDS.—Nothing in this 

15 title shall be construed to prohibit State, local, or tribal gov16 ernments from using grant funds under sections 2003 and 

17 2004 in a manner that enhances preparedness for disasters 

18 unrelated to acts of terrorism, if such use assists such gov19 ernments in achieving capabilities for terrorism prepared20 ness established by the Administrator. 

21 ‘‘(c) EQUIPMENT STANDARDS.—If an applicant for a 

22 grant under this title proposes to upgrade or purchase, with 

23 assistance provided under that grant, new equipment or 

24 systems that do not meet or exceed any applicable national 

25 voluntary consensus standards developed under section 647 


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1 of the Post-Katrina Emergency Management Reform Act of 

2 2006 (6 U.S.C. 747), the applicant shall include in its ap3 plication an explanation of why such equipment or systems 

4 will serve the needs of the applicant better than equipment 

5 or systems that meet or exceed such standards. 

6 ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Amounts appro7 priated for grants under this title shall be used to supple8 ment and not supplant other State, local, and tribal govern9 ment public funds obligated for the purposes provided under 

10 this title. 

11 ‘‘SEC. 2008. ADMINISTRATION AND COORDINATION. 

12 ‘‘(a) ADMINISTRATOR.—The Administrator shall, in 

13 consultation with other appropriate offices within the De14 partment, have responsibility for administering all home15 land security grant programs administered by the Depart16 ment and for ensuring coordination among those programs 

17 and consistency in the guidance issued to recipients across 

18 those programs. 

19 ‘‘(b) NATIONAL ADVISORY COUNCIL.—To ensure input 

20 from and coordination with State, local, and tribal govern21 ments and emergency response providers, the Administrator 

22 shall regularly consult and work with the National Advi23 sory Council established under section 508 on the adminis24 tration and assessment of grant programs administered by 

25 the Department, including with respect to the development 


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1 of program guidance and the development and evaluation 

2 of risk-assessment methodologies. 

3 ‘‘(c) REGIONAL COORDINATION.—The Administrator 

4 shall ensure that— 

5 ‘‘(1) all recipients of homeland security grants 

6 administered by the Department, as a condition of re7 ceiving those grants, coordinate their prevention, pre8 paredness, and protection efforts with neighboring 

9 State, local, and tribal governments, as appropriate; 

10 and 

11 ‘‘(2) all metropolitan areas and other recipients 

12 of homeland security grants administered by the De13 partment that include or substantially affect parts or 

14 all of more than 1 State, coordinate across State 

15 boundaries, including, where appropriate, through the 

16 use of regional working groups and requirements for 

17 regional plans, as a condition of receiving Depart18 mentally administered homeland security grants. 

19 ‘‘(d) PLANNING COMMITTEES.— 

20 ‘‘(1) IN GENERAL.—Any State or metropolitan 

21 area receiving grants under this title shall establish a 

22 planning committee to assist in preparation and revi23 sion of the State, regional, or local homeland security 

24 plan and to assist in determining effective funding 

25 priorities. 


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1 ‘‘(2) COMPOSITION.— 

2 ‘‘(A) IN GENERAL.—The planning com3 mittee shall include representatives of significant 

4 stakeholders, including— 

5 ‘‘(i) local and tribal government offi6 cials; and 

7 ‘‘(ii) emergency response providers, 

8 which shall include representatives of the 

9 fire service, law enforcement, emergency 

10 medical response, and emergency managers. 

11 ‘‘(B) GEOGRAPHIC REPRESENTATION.—The 

12 members of the planning committee shall be a 

13 representative group of individuals from the 

14 counties, cities, towns, and Indian tribes within 

15 the State or metropolitan areas, including, as 

16 appropriate, representatives of rural, high-popu17 lation, and high-threat jurisdictions. 

18 ‘‘(e) INTERAGENCY COORDINATION.—The Secretary, 

19 through the Administrator, in coordination with the Attor20 ney General, the Secretary of Health and Human Services, 

21 and other agencies providing assistance to State, local, and 

22 tribal governments for preventing, preparing for, protecting 

23 against, responding to, and recovering from natural disas24 ters, acts of terrorism, and other man-made disasters, and 


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1 not later than 12 months after the date of enactment of the 

2 Improving America’s Security Act of 2007, shall— 

3 ‘‘(1) compile a comprehensive list of Federal pro4 grams that provide assistance to State, local, and 

5 tribal governments for preventing, preparing for, and 

6 responding to, natural disasters, acts of terrorism, 

7 and other man-made disasters; 

8 ‘‘(2) develop a proposal to coordinate, to the 

9 greatest extent practicable, the planning, reporting, 

10 application, and other requirements and guidance for 

11 homeland security assistance programs to— 

12 ‘‘(A) eliminate redundant and duplicative 

13 requirements, including onerous application and 

14 ongoing reporting requirements; 

15 ‘‘(B) ensure accountability of the programs 

16 to the intended purposes of such programs; 

17 ‘‘(C) coordinate allocation of grant funds to 

18 avoid duplicative or inconsistent purchases by 

19 the recipients; and 

20 ‘‘(D) make the programs more accessible 

21 and user friendly to applicants; and 

22 ‘‘(3) submit the information and proposals under 

23 paragraphs (1) and (2) to the Committee on Home24 land Security and Governmental Affairs of the Senate 


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1 and the Committee on Homeland Security of the 

2 House of Representatives. 

3 ‘‘SEC. 2009. ACCOUNTABILITY. 

4 ‘‘(a) REPORTS TO CONGRESS.— 

5 ‘‘(1) FUNDING EFFICACY.—The Administrator 

6 shall submit to Congress, as a component of the an7 nual Federal Preparedness Report required under sec8 tion 652 of the Post-Katrina Emergency Management 

9 Reform Act of 2006 (6 U.S.C. 752), an evaluation of 

10 the extent to which grants Administered by the De11 partment, including the grants established by this 

12 title— 

13 ‘‘(A) have contributed to the progress of 

14 State, local, and tribal governments in achieving 

15 target capabilities; and 

16 ‘‘(B) have led to the reduction of risk na17 tionally and in State, local, and tribal jurisdic18 tions. 

19 ‘‘(2) RISK ASSESSMENT.— 

20 ‘‘(A) IN GENERAL.—For each fiscal year, 

21 the Administrator shall provide to the Committee 

22 on Homeland Security and Governmental Af23 fairs of the Senate and the Committee on Home24 land Security of the House of Representatives a 

25 detailed and comprehensive explanation of the 


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1 methodology used to calculate risk and compute 

2 the allocation of funds under sections 2003 and 

3 2004 of this title, including— 

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

5 assessment and the weights assigned to each; 

6 ‘‘(ii) an explanation of how each such 

7 variable, as weighted, correlates to risk, and 

8 the basis for concluding there is such a cor9 relation; and 

10 ‘‘(iii) any change in the methodology 

11 from the previous fiscal year, including 

12 changes in variables considered, weighting 

13 of those variables, and computational meth14 ods. 

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

16 required under subparagraph (A) shall be pro17 vided in unclassified form to the greatest extent 

18 possible, and may include a classified annex if 

19 necessary. 

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

21 information required under subparagraph (A) 

22 shall be provided on the earlier of— 

23 ‘‘(i) October 31; or 


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

2 program guidance for grants under sections 

3 2003 and 2004. 

4 ‘‘(b) REVIEWS AND AUDITS.— 

5 ‘‘(1) DEPARTMENT REVIEW.—The Administrator 

6 shall conduct periodic reviews of grants made under 

7 this title to ensure that recipients allocate funds con8 sistent with the guidelines established by the Depart9 ment. 

10 ‘‘(2) GOVERNMENT ACCOUNTABILITY OFFICE.— 

11 ‘‘(A) ACCESS TO INFORMATION.—Each re12 cipient of a grant under this title and the De13 partment shall provide the Government Account14 ability Office with full access to information re15 garding the activities carried out under this 

16 title. 

17 ‘‘(B) AUDITS AND REPORTS.— 

18 ‘‘(i) AUDIT.—Not later than 12 months 

19 after the date of enactment of the Improving 

20 America’s Security Act of 2007, and peri21 odically thereafter, the Comptroller General 

22 of the United States shall conduct an audit 

23 of the Homeland Security Grant Program. 

24 ‘‘(ii) REPORT.—The Comptroller Gen25 eral of the United States shall submit a reVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00090 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 port to the Committee on Homeland Secu2 rity and Governmental Affairs of the Senate 

3 and the Committee on Homeland Security 

4 of the House of Representatives on— 

5 ‘‘(I) the results of any audit con6 ducted under clause (i), including an 

7 analysis of the purposes for which the 

8 grant funds authorized under this title 

9 are being spent; and 

10 ‘‘(II) whether the grant recipients 

11 have allocated funding consistent with 

12 the State homeland security plan and 

13 the guidelines established by the De14 partment. 

15 ‘‘(3) AUDIT REQUIREMENT.—Grant recipients 

16 that expend $500,000 or more in grant funds received 

17 under this title during any fiscal year shall submit 

18 to the Administrator an organization-wide financial 

19 and compliance audit report in conformance with the 

20 requirements of chapter 75 of title 31, United States 

21 Code. 

22 ‘‘(4) RECOVERY AUDITS.—The Secretary shall 

23 conduct a recovery audit (as that term is defined by 

24 the Director of the Office of Management and Budget 

25 under section 3561 of title 31, United States Code) for 


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1 any grant administered by the Department with a 

2 total value of $1,000,000 or greater. 

3 ‘‘(c) REMEDIES FOR NONCOMPLIANCE.— 

4 ‘‘(1) IN GENERAL.—If the Administrator finds, 

5 after reasonable notice and an opportunity for a 

6 hearing, that a recipient of a grant under this title 

7 has failed to substantially comply with any provision 

8 of this title, or with any regulations or guidelines of 

9 the Department regarding eligible expenditures, the 

10 Administrator shall— 

11 ‘‘(A) terminate any payment of grant funds 

12 to be made to the recipient under this title; 

13 ‘‘(B) reduce the amount of payment of 

14 grant funds to the recipient by an amount equal 

15 to the amount of grants funds that were not ex16 pended by the recipient in accordance with this 

17 title; or 

18 ‘‘(C) limit the use of grant funds received 

19 under this title to programs, projects, or activi20 ties not affected by the failure to comply. 

21 ‘‘(2) DURATION OF PENALTY.—The Adminis22 trator shall apply an appropriate penalty under 

23 paragraph (1) until such time as the Secretary deter24 mines that the grant recipient is in full compliance 


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1 with this title or with applicable guidelines or regula2 tions of the Department. 

3 ‘‘(3) DIRECT FUNDING.—If a State fails to sub4 stantially comply with any provision of this title or 

5 with applicable guidelines or regulations of the De6 partment, including failing to provide local or tribal 

7 governments with grant funds or resources purchased 

8 with grant funds in a timely fashion, a local or tribal 

9 government entitled to receive such grant funds or re10 sources may petition the Administrator, at such time 

11 and in such manner as determined by the Adminis12 trator, to request that grant funds or resources be pro13 vided directly to the local or tribal government. 

14 ‘‘SEC. 2010. AUDITING. 

15 ‘‘(a) AUDIT OF GRANTS UNDER THIS TITLE.— 

16 ‘‘(1) IN GENERAL.—Not later than the date de17 scribed in paragraph (2), and every 2 years there18 after, the Inspector General of the Department shall 

19 conduct an audit of each entity that receives a grant 

20 under the Urban Area Security Initiative, the State 

21 Homeland Security Grant Program, or the Emer22 gency Management Performance Grant Program to 

23 evaluate the use of funds under such grant program 

24 by such entity. 


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1 ‘‘(2) TIMING.—The date described in this para2 graph is the later of 2 years after— 

3 ‘‘(A) the date of enactment of the Improving 

4 America’s Security Act of 2007; and 

5 ‘‘(B) the date that an entity first receives a 

6 grant under the Urban Area Security Initiative, 

7 the State Homeland Security Grant Program, or 

8 the Emergency Management Performance Grant 

9 Program, as the case may be. 

10 ‘‘(3) CONTENTS.—Each audit under this sub11 section shall evaluate— 

12 ‘‘(A) the use of funds under the relevant 

13 grant program by an entity during the 2 full fis14 cal years before the date of that audit; 

15 ‘‘(B) whether funds under that grant pro16 gram were used by that entity as required by 

17 law; and 

18 ‘‘(C)(i) for each grant under the Urban 

19 Area Security Initiative or the State Homeland 

20 Security Grant Program, the extent to which 

21 funds under that grant were used to prepare for, 

22 protect against, respond to, or recover from acts 

23 of terrorism; and 

24 ‘‘(ii) for each grant under the Emergency 

25 Management Performance Grant Program, the 


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1 extent to which funds under that grant were used 

2 to prevent, prepare for, protect against, respond 

3 to, recover from, or mitigate against all hazards, 

4 including natural disasters, acts of terrorism, 

5 and other man-made disasters. 

6 ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The 

7 Inspector General of the Department shall make each 

8 audit under this subsection available on the website of 

9 the Inspector General. 

10 ‘‘(5) REPORTING.— 

11 ‘‘(A) IN GENERAL.—Not later than 2 years 

12 and 60 days after the date of enactment of the 

13 Improving America’s Security Act of 2007, and 

14 annually thereafter, the Inspector General of the 

15 Department shall submit to Congress a consoli16 dated report regarding the audits conducted 

17 under this subsection. 

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

19 under this paragraph shall describe— 

20 ‘‘(i)(I) for the first such report, the au21 dits conducted under this subsection during 

22 the 2-year period beginning on the date of 

23 enactment of the Improving America’s Secu24 rity Act of 2007; and 


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1 ‘‘(II) for each subsequent such report, 

2 the audits conducted under this subsection 

3 during the fiscal year before the date of the 

4 submission of that report; 

5 ‘‘(ii) whether funds under each grant 

6 audited during the period described in 

7 clause (i) that is applicable to such report 

8 were used as required by law; and 

9 ‘‘(iii)(I) for grants under the Urban 

10 Area Security Initiative or the State Home11 land Security Grant Program audited, the 

12 extent to which, during the period described 

13 in clause (i) that is applicable to such re14 port, funds under such grants were used to 

15 prepare for, protect against, respond to, or 

16 recover from acts of terrorism; and 

17 ‘‘(II) for grants under the Emergency 

18 Management Performance Grant Program 

19 audited, the extent to which funds under 

20 such grants were used during the period de21 scribed in clause (i) applicable to such re22 port to prevent, prepare for, protect against, 

23 respond to, recover from, or mitigate 

24 against all hazards, including natural disVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00096 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 asters, acts of terrorism, and other man2 made disasters. 

3 ‘‘(b) AUDIT OF OTHER PREPAREDNESS GRANTS.— 

4 ‘‘(1) IN GENERAL.—Not later than the date de5 scribed in paragraph (2), the Inspector General of the 

6 Department shall conduct an audit of each entity that 

7 receives a grant under the Urban Area Security Ini8 tiative, the State Homeland Security Grant Program, 

9 or the Emergency Management Performance Grant 

10 Program to evaluate the use by that entity of any 

11 grant for preparedness administered by the Depart12 ment that was awarded before the date of enactment 

13 of the Improving America’s Security Act of 2007. 

14 ‘‘(2) TIMING.—The date described in this para15 graph is the later of 2 years after— 

16 ‘‘(A) the date of enactment of the Improving 

17 America’s Security Act of 2007; and 

18 ‘‘(B) the date that an entity first receives a 

19 grant under the Urban Area Security Initiative, 

20 the State Homeland Security Grant Program, or 

21 the Emergency Management Performance Grant 

22 Program, as the case may be. 

23 ‘‘(3) CONTENTS.—Each audit under this sub24 section shall evaluate— 


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1 ‘‘(A) the use of funds by an entity under 

2 any grant for preparedness administered by the 

3 Department that was awarded before the date of 

4 enactment of the Improving America’s Security 

5 Act of 2007; 

6 ‘‘(B) whether funds under each such grant 

7 program were used by that entity as required by 

8 law; and 

9 ‘‘(C) the extent to which such funds were 

10 used to enhance preparedness. 

11 ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The 

12 Inspector General of the Department shall make each 

13 audit under this subsection available on the website of 

14 the Inspector General. 

15 ‘‘(5) REPORTING.— 

16 ‘‘(A) IN GENERAL.—Not later than 2 years 

17 and 60 days after the date of enactment of the 

18 Improving America’s Security Act of 2007, and 

19 annually thereafter, the Inspector General of the 

20 Department shall submit to Congress a consoli21 dated report regarding the audits conducted 

22 under this subsection. 

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

24 under this paragraph shall describe— 


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1 ‘‘(i)(I) for the first such report, the au2 dits conducted under this subsection during 

3 the 2-year period beginning on the date of 

4 enactment of the Improving America’s Secu5 rity Act of 2007; and 

6 ‘‘(II) for each subsequent such report, 

7 the audits conducted under this subsection 

8 during the fiscal year before the date of the 

9 submission of that report; 

10 ‘‘(ii) whether funds under each grant 

11 audited were used as required by law; and 

12 ‘‘(iii) the extent to which funds under 

13 each grant audited were used to enhance 

14 preparedness. 

15 ‘‘(c) FUNDING FOR AUDITS.— 

16 ‘‘(1) IN GENERAL.—The Administrator shall 

17 withhold 1 percent of the total amount of each grant 

18 under the Urban Area Security Initiative, the State 

19 Homeland Security Grant Program, and the Emer20 gency Management Performance Grant Program for 

21 audits under this section. 

22 ‘‘(2) AVAILABILITY OF FUNDS.—The Adminis23 trator shall make amounts withheld under this sub24 section available as follows: 


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1 ‘‘(A) Amounts withheld from grants under 

2 the Urban Area Security Initiative shall be 

3 made available for audits under this section of 

4 entities receiving grants under the Urban Area 

5 Security Initiative. 

6 ‘‘(B) Amounts withheld from grants under 

7 the State Homeland Security Grant Program 

8 shall be made available for audits under this sec9 tion of entities receiving grants under the State 

10 Homeland Security Grant Program. 

11 ‘‘(C) Amounts withheld from grants under 

12 the Emergency Management Performance Grant 

13 Program shall be made available for audits 

14 under this section of entities receiving grants 

15 under the Emergency Management Performance 

16 Grant Program. 

17 ‘‘SEC. 2011. AUTHORIZATION OF APPROPRIATIONS. 

18 ‘‘(a) GRANTS.— 

19 ‘‘(1) IN GENERAL.—There is authorized to be ap20 propriated for the Homeland Security Grant Pro21 gram established under section 2002 of this title for 

22 each of fiscal years 2008, 2009, and 2010, 

23 $3,105,000,000, to be allocated as follows: 


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1 ‘‘(A) For grants under the Urban Area Se2 curity Initiative under section 2003, 

3 $1,278,639,000. 

4 ‘‘(B) For grants under the State Homeland 

5 Security Grant Program established under sec6 tion 2004, $913,180,500. 

7 ‘‘(C) For grants under the Emergency Man8 agement Performance Grant Program established 

9 under section 2005, $913,180,500. 

10 ‘‘(2) SUBSEQUENT YEARS.—There is authorized 

11 to be appropriated for the Homeland Security Grant 

12 Program established under section 2002 of this title 

13 such sums as are necessary for fiscal year 2011 and 

14 each fiscal year thereafter. 

15 ‘‘(b) PROPORTIONATE ALLOCATION.—Regardless of the 

16 amount appropriated for the Homeland Security Grant 

17 Program in any fiscal year, the appropriated amount shall, 

18 in each fiscal year, be allocated among the grant programs 

19 under sections 2003, 2004, and 2005 in direct proportion 

20 to the amounts allocated under paragraph (a)(1) of this sec21 tion.’’. 

22 SEC. 203. TECHNICAL AND CONFORMING AMENDMENTS. 

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

24 2002 (6 U.S.C. 101 et seq.) is amended— 


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

2 SAFE Port Act (Public Law 109–347; 120 Stat. 

3 1884), as title XIX; 

4 (2) by redesignating sections 1801 through 1806, 

5 as added by the SAFE Port Act (Public Law 109– 

6 347; 120 Stat. 1884), as sections 1901 through 1906, 

7 respectively; 

8 (3) in section 1904(a), as so redesignated, by 

9 striking ‘‘section 1802’’ and inserting ‘‘section 1902’’; 

10 and 

11 (4) in section 1906, as so redesignated, by strik12 ing ‘‘section 1802(a)’’ each place that term appears 

13 and inserting ‘‘section 1902(a)’’. 

14 (b) TABLE OF CONTENTS.—The table of contents in 

15 section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 

16 101 note) is amended by striking the items relating to title 

17 XVIII and sections 1801 through 1806, as added by the 

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

19 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. 

‘‘Sec. 2002. Homeland Security Grant Program. 

‘‘Sec. 2003. Urban Area Security Initiative. 

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


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‘‘Sec. 2005. Emergency Management Performance Grants Program. 

‘‘Sec. 2006. Terrorism prevention. 

‘‘Sec. 2007. Restrictions on use of funds. 

‘‘Sec. 2008. Administration and coordination. 

‘‘Sec. 2009. Accountability. 

‘‘Sec. 2010. Auditing. 

‘‘Sec. 2011. Authorization of appropriations.’’. 

1 TITLE III—COMMUNICATIONS 

2 OPERABILITY AND INTER3 OPERABILITY 

4 SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY 

5 COMMUNICATIONS OPERABILITY AND INTER6 OPERABLE COMMUNICATIONS. 

7 (a) EMERGENCY COMMUNICATIONS OPERABILITY AND

8 INTEROPERABLE COMMUNICATIONS.— 

9 (1) IN GENERAL.—Title XVIII of the Homeland 

10 Security Act of 2002 (6 U.S.C. 571 et seq.) (relating 

11 to emergency communications) is amended by adding 

12 at the end the following: 

13 ‘‘SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY 

14 AND INTEROPERABLE COMMUNICATIONS 

15 GRANTS. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis18 trator’ means the Administrator of the Federal Emer19 gency Management Agency. 

20 ‘‘(2) EMERGENCY COMMUNICATIONS OPER21 ABILITY.—The term ‘emergency communications oper22 ability’ means the ability to provide and maintain, 


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1 throughout an emergency response operation, a con2 tinuous flow of information among emergency re3 sponse providers, agencies, and government officers 

4 from multiple disciplines and jurisdictions and at all 

5 levels of government, in the event of a natural dis6 aster, act of terrorism, or other man-made disaster, 

7 including where there has been significant damage to, 

8 or destruction of, critical infrastructure, including 

9 substantial loss of ordinary telecommunications infra10 structure and sustained loss of electricity. 

11 ‘‘(b) IN GENERAL.—The Administrator shall make 

12 grants to States for initiatives necessary to achieve, main13 tain, or enhance Statewide, regional, national and, as ap14 propriate, international emergency communications oper15 ability and interoperable communications. 

16 ‘‘(c) STATEWIDE INTEROPERABLE COMMUNICATIONS

17 PLANS.— 

18 ‘‘(1) SUBMISSION OF PLANS.—The Administrator 

19 shall require any State applying for a grant under 

20 this section to submit a Statewide Interoperable Com21 munications Plan as described under section 7303(f) 

22 of the Intelligence Reform and Terrorism Prevention 

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


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1 ‘‘(2) COORDINATION AND CONSULTATION.—The 

2 Statewide plan submitted under paragraph (1) shall 

3 be developed— 

4 ‘‘(A) in coordination with local and tribal 

5 governments, emergency response providers, and 

6 other relevant State officers; and 

7 ‘‘(B) in consultation with and subject to ap8 propriate comment by the applicable Regional 

9 Emergency Communications Coordination Work10 ing Group as described under section 1805. 

11 ‘‘(3) APPROVAL.—The Administrator may not 

12 award a grant to a State unless the Administrator, 

13 in consultation with the Director for Emergency 

14 Communications, has approved the applicable State15 wide plan. 

16 ‘‘(4) REVISIONS.—A State may revise the appli17 cable Statewide plan approved by the Administrator 

18 under this subsection, subject to approval of the revi19 sion by the Administrator. 

20 ‘‘(d) CONSISTENCY.—The Administrator shall ensure 

21 that each grant is used to supplement and support, in a 

22 consistent and coordinated manner, any applicable State, 

23 regional, or urban area homeland security plan. 

24 ‘‘(e) USE OF GRANT FUNDS.—Grants awarded under 

25 subsection (b) may be used for initiatives to achieve, mainVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 tain, or enhance emergency communications operability 

2 and interoperable communications, including— 

3 ‘‘(1) Statewide or regional communications 

4 planning, including governance related activities; 

5 ‘‘(2) system design and engineering; 

6 ‘‘(3) system procurement and installation; 

7 ‘‘(4) exercises; 

8 ‘‘(5) modeling and simulation exercises for oper9 ational command and control functions; 

10 ‘‘(6) technical assistance; 

11 ‘‘(7) training; and 

12 ‘‘(8) other appropriate activities determined by 

13 the Administrator to be integral to achieve, maintain, 

14 or enhance emergency communications operability 

15 and interoperable communications. 

16 ‘‘(f) APPLICATION.— 

17 ‘‘(1) IN GENERAL.—A State desiring a grant 

18 under this section shall submit an application at such 

19 time, in such manner, and accompanied by such in20 formation as the Administrator may reasonably re21 quire. 

22 ‘‘(2) MINIMUM CONTENTS.—At a minimum, each 

23 application submitted under paragraph (1) shall— 

24 ‘‘(A) identify the critical aspects of the com25 munications life cycle, including planning, sysVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00106 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 tem design and engineering, procurement and 

2 installation, and training for which funding is 

3 requested; 

4 ‘‘(B) describe how— 

5 ‘‘(i) the proposed use of funds— 

6 ‘‘(I) would be consistent with and 

7 address the goals in any applicable 

8 State, regional, or urban homeland se9 curity plan; and 

10 ‘‘(II) unless the Administrator de11 termines otherwise, are— 

12 ‘‘(aa) consistent with the Na13 tional Emergency Communica14 tions Plan under section 1802; 

15 and 

16 ‘‘(bb) compatible with the na17 tional infrastructure and national 

18 voluntary consensus standards; 

19 ‘‘(ii) the applicant intends to spend 

20 funds under the grant, to administer such 

21 funds, and to allocate such funds among 

22 participating local and tribal governments 

23 and emergency response providers; 

24 ‘‘(iii) the State plans to allocate the 

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1 tiveness to regions, local and tribal govern2 ments to promote meaningful investments 

3 for achieving, maintaining, or enhancing 

4 emergency communications operability and 

5 interoperable communications; 

6 ‘‘(iv) the State intends to address the 

7 emergency communications operability and 

8 interoperable communications needs at the 

9 city, county, regional, State, and interstate 

10 level; and 

11 ‘‘(v) the State plans to emphasize re12 gional planning and cooperation, both with13 in the jurisdictional borders of that State 

14 and with neighboring States; 

15 ‘‘(C) be consistent with the Statewide Inter16 operable Communications Plan required under 

17 section 7303(f) of the Intelligence Reform and 

18 Terrorism Prevention Act of 2004 (6 U.S.C. 

19 194(f)); and 

20 ‘‘(D) include a capital budget and timeline 

21 showing how the State intends to allocate and 

22 expend the grant funds. 

23 ‘‘(g) AWARD OF GRANTS.— 


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1 ‘‘(1) CONSIDERATIONS.—In approving applica2 tions and awarding grants under this section, the Ad3 ministrator shall consider— 

4 ‘‘(A) the nature of the threat to the State 

5 from a natural disaster, act of terrorism, or 

6 other man-made disaster; 

7 ‘‘(B) the location, risk, or vulnerability of 

8 critical infrastructure and key national assets, 

9 including the consequences from damage to crit10 ical infrastructure in nearby jurisdictions as a 

11 result of natural disasters, acts of terrorism, or 

12 other man-made disasters; 

13 ‘‘(C) the size of the population of the State, 

14 including appropriate consideration of military, 

15 tourist, and commuter populations; 

16 ‘‘(D) the population density of the State; 

17 ‘‘(E) the extent to which grants will be uti18 lized to implement emergency communications 

19 operability and interoperable communications 

20 solutions— 

21 ‘‘(i) consistent with the National 

22 Emergency Communications Plan under 

23 section 1802 and compatible with the na24 tional infrastructure and national vol25 untary consensus standards; and 


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1 ‘‘(ii) more efficient and cost effective 

2 than current approaches; 

3 ‘‘(F) the extent to which a grant would ex4 pedite the achievement, maintenance, or enhance5 ment of emergency communications operability 

6 and interoperable communications in the State 

7 with Federal, State, local, and tribal govern8 ments; 

9 ‘‘(G) the extent to which a State, given its 

10 financial capability, demonstrates its commit11 ment to achieve, maintain, or enhance emergency 

12 communications operability and interoperable 

13 communications by supplementing Federal funds 

14 with non-Federal funds; 

15 ‘‘(H) whether the State is on or near an 

16 international border; 

17 ‘‘(I) whether the State encompasses an eco18 nomically significant border crossing; 

19 ‘‘(J) whether the State has a coastline bor20 dering an ocean, a major waterway used for 

21 interstate commerce, or international waters; 

22 ‘‘(K) the extent to which geographic barriers 

23 pose unusual obstacles to achieving, maintain24 ing, or enhancing emergency communications 

25 operability or interoperable communications; 


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1 ‘‘(L) the threats, vulnerabilities, and con2 sequences faced by the State related to at-risk 

3 sites or activities in nearby jurisdictions, includ4 ing the need to respond to natural disasters, acts 

5 of terrorism, and other man-made disasters aris6 ing in those jurisdictions; 

7 ‘‘(M) the need to achieve, maintain, or en8 hance nationwide emergency communications 

9 operability and interoperable communications, 

10 consistent with the National Emergency Commu11 nications Plan under section 1802; 

12 ‘‘(N) whether the activity for which a grant 

13 is requested is being funded under another Fed14 eral or State emergency communications grant 

15 program; and 

16 ‘‘(O) such other factors as are specified by 

17 the Administrator in writing. 

18 ‘‘(2) REVIEW PANEL.— 

19 ‘‘(A) IN GENERAL.—The Secretary shall es20 tablish a review panel under section 871(a) to 

21 assist in reviewing grant applications under this 

22 section. 

23 ‘‘(B) RECOMMENDATIONS.—The review 

24 panel established under subparagraph (A) shall 

25 make recommendations to the Administrator reVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 garding applications for grants under this sec2 tion. 

3 ‘‘(C) MEMBERSHIP.—The review panel es4 tablished under subparagraph (A) shall in5 clude— 

6 ‘‘(i) individuals with technical exper7 tise in emergency communications oper8 ability and interoperable communications; 

9 ‘‘(ii) emergency response providers; 

10 and 

11 ‘‘(iii) other relevant State and local of12 ficers. 

13 ‘‘(3) MINIMUM GRANT AMOUNTS.—The Adminis14 trator shall ensure that for each fiscal year— 

15 ‘‘(A) no State receives less than an amount 

16 equal to 0.75 percent of the total funds appro17 priated for grants under this section; and 

18 ‘‘(B) American Samoa, the Commonwealth 

19 of the Northern Mariana Islands, Guam, and the 

20 Virgin Islands each receive no less than 0.25 per21 cent of the amounts appropriated for grants 

22 under this section. 

23 ‘‘(4) AVAILABILITY OF FUNDS.—Any grant funds 

24 awarded that may be used to support emergency com25 munications operability or interoperable communicaVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 tions shall, as the Administrator may determine, re2 main available for up to 3 years, consistent with sec3 tion 7303(e) of the Intelligence Reform and Terrorism 

4 Prevention Act of 2004 (6 U.S.C. 194(e)). 

5 ‘‘(h) STATE RESPONSIBILITIES.— 

6 ‘‘(1) PASS-THROUGH OF FUNDS TO LOCAL AND

7 TRIBAL GOVERNMENTS.—The Administrator shall de8 termine a date by which a State that receives a grant 

9 shall obligate or otherwise make available to local and 

10 tribal governments and emergency response pro11 viders— 

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

13 of the amount of the grant; 

14 ‘‘(B) resources purchased with the grant 

15 funds having a value equal to not less than 80 

16 percent of the total amount of the grant; or 

17 ‘‘(C) grant funds combined with resources 

18 purchased with the grant funds having a value 

19 equal to not less than 80 percent of the total 

20 amount of the grant. 

21 ‘‘(2) CERTIFICATIONS REGARDING DISTRIBUTION

22 OF GRANT FUNDS TO LOCAL AND TRIBAL GOVERN23 MENTS.—Any State that receives a grant shall certify 

24 to the Administrator, by not later than 30 days after 

25 the date described under paragraph (1) with respect 


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1 to the grant, that the State has made available for ex2 penditure by local or tribal governments and emer3 gency response providers the required amount of 

4 grant funds under paragraph (1). 

5 ‘‘(3) REPORT ON GRANT SPENDING.— 

6 ‘‘(A) IN GENERAL.—Any State that receives 

7 a grant shall submit a spending report to the 

8 Administrator at such time, in such manner, 

9 and accompanied by such information as the Ad10 ministrator may reasonably require. 

11 ‘‘(B) MINIMUM CONTENTS.—At a minimum, 

12 each report under this paragraph shall include— 

13 ‘‘(i) the amount, ultimate recipients, 

14 and dates of receipt of all funds received 

15 under the grant; 

16 ‘‘(ii) the amount and the dates of dis17 bursements of all such funds expended in 

18 compliance with paragraph (1) or under 

19 mutual aid agreements or other intrastate 

20 and interstate sharing arrangements, as ap21 plicable; 

22 ‘‘(iii) how the funds were used by each 

23 ultimate recipient or beneficiary; 

24 ‘‘(iv) the extent to which emergency 

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1 able communications identified in the ap2 plicable Statewide plan and application 

3 have been achieved, maintained, or en4 hanced as the result of the expenditure of 

5 grant funds; and 

6 ‘‘(v) the extent to which emergency 

7 communications operability and interoper8 able communications identified in the ap9 plicable Statewide plan and application re10 main unmet. 

11 ‘‘(C) PUBLIC AVAILABILITY ON WEBSITE.— 

12 The Administrator shall make each report sub13 mitted under subparagraph (A) publicly avail14 able on the website of the Federal Emergency 

15 Management Agency. The Administrator may re16 dact such information from the reports as the 

17 Administrator determines necessary to protect 

18 national security. 

19 ‘‘(4) PENALTIES FOR REPORTING DELAY.—If a 

20 State fails to provide the information required by the 

21 Administrator under paragraph (3), the Adminis22 trator may— 

23 ‘‘(A) reduce grant payments to the State 

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1 quired to be passed through under paragraph 

2 (1); 

3 ‘‘(B) terminate payment of funds under the 

4 grant to the State, and transfer the appropriate 

5 portion of those funds directly to local and tribal 

6 governments and emergency response providers 

7 that were intended to receive funding under that 

8 grant; or 

9 ‘‘(C) impose additional restrictions or bur10 dens on the use of funds by the State under the 

11 grant, which may include— 

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

13 pay the grant-related expenses of the State; 

14 or 

15 ‘‘(ii) requiring the State to distribute 

16 to local and tribal government and emer17 gency response providers all or a portion of 

18 grant funds that are not required to be 

19 passed through under paragraph (1). 

20 ‘‘(i) PROHIBITED USES.—Grants awarded under this 

21 section may not be used for recreational or social purposes. 

22 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated for grants under this sec24 tion— 

25 ‘‘(1) $400,000,000 for fiscal year 2008; 


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1 ‘‘(2) $500,000,000 for fiscal year 2009; 

2 ‘‘(3) $600,000,000 for fiscal year 2010; 

3 ‘‘(4) $800,000,000 for fiscal year 2011; 

4 ‘‘(5) $1,000,000,000 for fiscal year 2012; and 

5 ‘‘(6) such sums as necessary for each fiscal year 

6 thereafter.’’. 

7 (2) TECHNICAL AND CONFORMING AMEND8 MENT.—The table of contents under section 1(b) of the 

9 Homeland Security Act of 2002 (6 U.S.C. 101) is 

10 amended by inserting after the item relating to sec11 tion 1808 the following: 

‘‘Sec. 1809. Emergency communications operability and interoperable communications grants.’’. 

12 (b) INTEROPERABLE COMMUNICATIONS PLANS.—Sec13 tion 7303 of the Intelligence Reform and Terrorist Preven14 tion Act of 2004 (6 U.S.C. 194) is amended— 

15 (1) in subsection (f)— 

16 (A) in paragraph (4), by striking ‘‘and’’ at 

17 the end; 

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

19 at the end and inserting a semicolon; and 

20 (C) by adding at the end the following: 

21 ‘‘(6) include information on the governance 

22 structure used to develop the plan, such as all agen23 cies and organizations that participated in develVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00117 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 oping the plan and the scope and timeframe of the 

2 plan; and 

3 ‘‘(7) describe the method by which multi-jurisdic4 tional, multi-disciplinary input was provided from 

5 all regions of the jurisdiction and the process for con6 tinuing to incorporate such input.’’; and 

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

8 and inserting ‘‘and video’’. 

9 (c) NATIONAL EMERGENCY COMMUNICATIONS PLAN.— 

10 Section 1802(c) of the Homeland Security Act of 2002 (6 

11 U.S.C. 652(c)) is amended— 

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

13 end; 

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

15 the end and inserting a semicolon; and 

16 (3) by adding at the end the following: 

17 ‘‘(10) set a date, including interim benchmarks, 

18 as appropriate, by which State, local, and tribal gov19 ernments, Federal departments and agencies, emer20 gency response providers, and the private sector will 

21 achieve interoperable communications as that term is 

22 defined under section 7303(g)(1) of the Intelligence 

23 Reform and Terrorism Prevention Act of 2004 (6 

24 U.S.C. 194(g)(1).’’. 


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1 SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION 

2 PROJECT. 

3 (a) IN GENERAL.— 

4 (1) ESTABLISHMENT.—There is established in 

5 the Department an International Border Community 

6 Interoperable Communications Demonstration Project 

7 (referred to in this section as ‘‘demonstration 

8 project’’). 

9 (2) MINIMUM NUMBER OF COMMUNITIES.—The 

10 Secretary shall select no fewer than 6 communities to 

11 participate in a demonstration project. 

12 (3) LOCATION OF COMMUNITIES.—No fewer than 

13 3 of the communities selected under paragraph (2) 

14 shall be located on the northern border of the United 

15 States and no fewer than 3 of the communities se16 lected under paragraph (2) shall be located on the 

17 southern border of the United States. 

18 (b) PROGRAM REQUIREMENTS.—The demonstration 

19 projects shall— 

20 (1) address the interoperable communications 

21 needs of emergency response providers and the Na22 tional Guard; 

23 (2) foster interoperable emergency communica24 tions systems— 

25 (A) among Federal, State, local, and tribal 

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1 volved in preventing or responding to a natural 

2 disaster, act of terrorism, or other man-made 

3 disaster; and 

4 (B) with similar agencies in Canada or 

5 Mexico; 

6 (3) identify common international cross-border 

7 frequencies for communications equipment, including 

8 radio or computer messaging equipment; 

9 (4) foster the standardization of interoperable 

10 emergency communications equipment; 

11 (5) identify solutions that will facilitate inter12 operable communications across national borders ex13 peditiously; 

14 (6) ensure that emergency response providers can 

15 communicate with each other and the public at dis16 aster sites; 

17 (7) provide training and equipment to enable 

18 emergency response providers to deal with threats and 

19 contingencies in a variety of environments; and 

20 (8) identify and secure appropriate joint-use 

21 equipment to ensure communications access. 

22 (c) DISTRIBUTION OF FUNDS.— 

23 (1) IN GENERAL.—The Secretary shall distribute 

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1 pating in a demonstration project through the State, 

2 or States, in which each community is located. 

3 (2) OTHER PARTICIPANTS.—Not later than 60 

4 days after receiving funds under paragraph (1), a 

5 State shall make the funds available to the local and 

6 tribal governments and emergency response providers 

7 selected by the Secretary to participate in a dem8 onstration project. 

9 (d) REPORTING.— 

10 (1) IN GENERAL.—Not later than December 31, 

11 2007, and each year thereafter in which funds are ap12 propriated for a demonstration project, the Secretary 

13 shall submit to the Committee on Homeland Security 

14 and Governmental Affairs of the Senate and the Com15 mittee on Homeland Security of the House of Rep16 resentatives a report on the demonstration projects. 

17 (2) CONTENTS.—Each report under this sub18 section shall contain the following: 

19 (A) The name and location of all commu20 nities involved in the demonstration project. 

21 (B) The amount of funding provided to each 

22 State for the demonstration project. 

23 (C) An evaluation of the usefulness of the 

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1 fective interoperable communications system at 

2 the borders. 

3 (D) The factors that were used in deter4 mining how to distribute the funds in a risk5 based manner. 

6 (E) The specific risks inherent to a border 

7 community that make interoperable communica8 tions more difficult than in non-border commu9 nities. 

10 (F) The optimal ways to prioritize funding 

11 for interoperable communication systems based 

12 upon risk. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There are 

14 authorized to be appropriated such sums as are necessary 

15 in each of fiscal years 2007, 2008, and 2009 to carry out 

16 this section. 

17 TITLE IV—ENHANCING SECU18 RITY OF INTERNATIONAL 

19 TRAVEL 

20 SEC. 401. MODERNIZATION OF THE VISA WAIVER PROGRAM. 

21 (a) SHORT TITLE.—This section may be cited as the 

22 ‘‘Secure Travel and Counterterrorism Partnership Act’’. 

23 (b) SENSE OF CONGRESS.—It is the sense of Congress 

24 that— 


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1 (1) the United States should modernize the visa 

2 waiver program by simultaneously— 

3 (A) enhancing program security require4 ments; and 

5 (B) extending visa-free travel privileges to 

6 nationals of foreign countries that are allies in 

7 the war on terrorism; and 

8 (2) the expansion described in paragraph (1) 

9 will— 

10 (A) enhance bilateral cooperation on critical 

11 counterterrorism and information sharing ini12 tiatives; 

13 (B) support and expand tourism and busi14 ness opportunities to enhance long-term economic 

15 competitiveness; and 

16 (C) strengthen bilateral relationships. 

17 (c) DISCRETIONARY VISA WAIVER PROGRAM EXPAN18 SION.—Section 217(c) of the Immigration and Nationality 

19 Act (8 U.S.C. 1187(c)) is amended by adding at the end 

20 the following: 

21 ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXI22 BILITY.— 

23 ‘‘(A) CERTIFICATION.—On the date on 

24 which an air exit system is in place that can 

25 verify the departure of not less than 97 percent 


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1 of foreign nationals that exit through airports of 

2 the United States, the Secretary of Homeland 

3 Security shall certify to Congress that such air 

4 exit system is in place. 

5 ‘‘(B) WAIVER.—After certification by the 

6 Secretary under subparagraph (A), the Secretary 

7 of Homeland Security, in consultation with the 

8 Secretary of State, may waive the application of 

9 paragraph (2)(A) for a country if— 

10 ‘‘(i) the country meets all security re11 quirements of this section; 

12 ‘‘(ii) the Secretary of Homeland Secu13 rity determines that the totality of the coun14 try’s security risk mitigation measures pro15 vide assurance that the country’s participa16 tion in the program would not compromise 

17 the law enforcement, security interests, or 

18 enforcement of the immigration laws of the 

19 United States; 

20 ‘‘(iii) there has been a sustained reduc21 tion in visa refusal rates for aliens from the 

22 country and conditions exist to continue 

23 such reduction; and 

24 ‘‘(iv) the country cooperated with the 

25 Government of the United States on 


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1 counterterrorism initiatives and informa2 tion sharing before the date of its designa3 tion as a program country, and the Sec4 retary of Homeland Security and the Sec5 retary of State expect such cooperation will 

6 continue. 

7 ‘‘(9) DISCRETIONARY SECURITY-RELATED CON8 SIDERATIONS.— 

9 ‘‘(A) IN GENERAL.—In determining whether 

10 to waive the application of paragraph (2)(A) for 

11 a country, pursuant to paragraph (8), the Sec12 retary of Homeland Security, in consultation 

13 with the Secretary of State, shall take into con14 sideration other factors affecting the security of 

15 the United States, including— 

16 ‘‘(i) airport security standards in the 

17 country; 

18 ‘‘(ii) whether the country assists in the 

19 operation of an effective air marshal pro20 gram; 

21 ‘‘(iii) the standards of passports and 

22 travel documents issued by the country; and 

23 ‘‘(iv) other security-related factors. 

24 ‘‘(B) OVERSTAY RATES.—In determining 

25 whether to permit a country to participate in the 


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1 program, the Secretary of Homeland Security 

2 shall consider the estimated rate at which na3 tionals of the country violate the terms of their 

4 visas by remaining in the United States after the 

5 expiration of such visas.’’. 

6 (d) SECURITY ENHANCEMENTS TO THE VISA WAIVER

7 PROGRAM.— 

8 (1) IN GENERAL.—Section 217 of the Immigra9 tion and Nationality Act (8 U.S.C. 1187) is amend10 ed— 

11 (A) in subsection (a)— 

12 (i) by striking ‘‘Operators of aircraft’’ 

13 and inserting the following: 

14 ‘‘(10) ELECTRONIC TRANSMISSION OF IDENTI15 FICATION INFORMATION.—Operators of aircraft’’; and 

16 (ii) by adding at the end the following: 

17 ‘‘(11) ELIGIBILITY DETERMINATION UNDER THE

18 ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.—Be19 ginning on the date on which the electronic travel au20 thorization system developed under subsection (h)(3) 

21 is fully operational, each alien traveling under the 

22 program shall, before applying for admission, elec23 tronically provide basic biographical information to 

24 the system. Upon review of such biographical infor25 mation, the Secretary of Homeland Security shall deVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00126 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 termine whether the alien is eligible to travel to the 

2 United States under the program.’’; 

3 (B) in subsection (c), as amended by sub4 section (c) of this section— 

5 (i) in paragraph (2)— 

6 (I) by amending subparagraph 

7 (D) to read as follows: 

8 ‘‘(D) REPORTING LOST AND STOLEN PASS9 PORTS.—The government of the country enters 

10 into an agreement with the United States to re11 port, or make available through Interpol, to the 

12 United States Government information about the 

13 theft or loss of passports within a strict time 

14 limit and in a manner specified in the agree15 ment.’’; and 

16 (II) by adding at the end the fol17 lowing: 

18 ‘‘(E) REPATRIATION OF ALIENS.—The gov19 ernment of a country accepts for repatriation 

20 any citizen, former citizen, or national against 

21 whom a final executable order of removal is 

22 issued not later than 3 weeks after the issuance 

23 of the final order of removal. Nothing in this 

24 subparagraph creates any duty for the United 

25 States or any right for any alien with respect to 


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1 removal or release. Nothing in this subparagraph 

2 gives rise to any cause of action or claim under 

3 this paragraph or any other law against any of4 ficial of the United States or of any State to 

5 compel the release, removal, or consideration for 

6 release or removal of any alien. 

7 ‘‘(F) PASSENGER INFORMATION EX8 CHANGE.—The government of the country enters 

9 into an agreement with the United States to 

10 share information regarding whether nationals of 

11 that country traveling to the United States rep12 resent a threat to the security or welfare of the 

13 United States or its citizens.’’;. 

14 (ii) in paragraph (5)— 

15 (I) by striking ‘‘Attorney Gen16 eral’’ each place it appears and insert17 ing ‘‘Secretary of Homeland Security’’; 

18 and 

19 (II) in subparagraph (A)(i)— 

20 (aa) in subclause (II), by 

21 striking ‘‘and’’ at the end; 

22 (bb) in subclause (III), by 

23 striking the period at the end and 

24 inserting ‘‘; and’’; and 


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1 (cc) by adding at the end the 

2 following: 

3 ‘‘(IV) shall submit to Congress a 

4 report regarding the implementation of 

5 the electronic travel authorization sys6 tem under subsection (h)(3) and the 

7 participation of new countries in the 

8 program through a waiver under para9 graph (8).’’; and 

10 (iii) by adding at the end the fol11 lowing: 

12 ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary 

13 of Homeland Security, in consultation with the Sec14 retary of State, shall provide technical assistance to 

15 program countries to assist those countries in meeting 

16 the requirements under this section.’’; 

17 (C) in subsection (f)(5), by striking ‘‘of 

18 blank’’ and inserting ‘‘or loss of’’; and 

19 (D) in subsection (h), by adding at the end 

20 the following: 

21 ‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYS22 TEM.— 

23 ‘‘(A) SYSTEM.—The Secretary of Homeland 

24 Security, in consultation with the Secretary of 

25 State, is authorized to develop and implement a 


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1 fully automated electronic travel authorization 

2 system (referred to in this paragraph as the 

3 ‘System’) to collect such basic biographical infor4 mation as the Secretary of Homeland Security 

5 determines to be necessary to determine, in ad6 vance of travel, the eligibility of an alien to trav7 el to the United States under the program. 

8 ‘‘(B) FEES.—The Secretary of Homeland 

9 Security may charge a fee for the use of the Sys10 tem, which shall be— 

11 ‘‘(i) set at a level that will ensure re12 covery of the full costs of providing and ad13 ministering the System; and 

14 ‘‘(ii) available to pay the costs in15 curred to administer the System. 

16 ‘‘(C) VALIDITY.— 

17 ‘‘(i) PERIOD.—The Secretary of Home18 land Security, in consultation with the Sec19 retary of State shall prescribe regulations 

20 that provide for a period, not to exceed 3 

21 years, during which a determination of eli22 gibility to travel under the program will be 

23 valid. Notwithstanding any other provision 

24 under this section, the Secretary of HomeVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00130 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 land Security may revoke any such deter2 mination at any time and for any reason. 

3 ‘‘(ii) LIMITATION.—A determination 

4 that an alien is eligible to travel to the 

5 United States under the program is not a 

6 determination that the alien is admissible 

7 to the United States. 

8 ‘‘(iii) JUDICIAL REVIEW.—Notwith9 standing any other provision of law, no 

10 court shall have jurisdiction to review an 

11 eligibility determination under the System. 

12 ‘‘(D) REPORT.—Not later than 60 days be13 fore publishing notice regarding the implementa14 tion of the System in the Federal Register, the 

15 Secretary of Homeland Security shall submit a 

16 report regarding the implementation of the Sys17 tem to— 

18 ‘‘(i) the Committee on Homeland Secu19 rity and Governmental Affairs of the Sen20 ate; 

21 ‘‘(ii) the Committee on the Judiciary 

22 of the Senate; 

23 ‘‘(iii) the Select Committee on Intel24 ligence of the Senate; 


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1 ‘‘(iv) the Committee on Appropriations 

2 of the Senate; 

3 ‘‘(v) the Committee on Homeland Secu4 rity of the House of Representatives; 

5 ‘‘(vi) the Committee on the Judiciary 

6 of the House of Representatives; 

7 ‘‘(vii) the Permanent Select Committee 

8 on Intelligence of the House of Representa9 tives; and 

10 ‘‘(viii) the Committee on Appropria11 tions of the House of Representatives.’’. 

12 (2) EFFECTIVE DATE.—Section 217(a)(11) of the 

13 Immigration and Nationality Act, as added by para14 graph (1)(A)(ii) shall take effect on the date which is 

15 60 days after the date on which the Secretary of 

16 Homeland Security publishes notice in the Federal 

17 Register of the requirement under such paragraph. 

18 (e) EXIT SYSTEM.— 

19 (1) IN GENERAL.—Not later than 1 year after 

20 the date of enactment of this Act, the Secretary of 

21 Homeland Security shall establish an exit system that 

22 records the departure on a flight leaving the United 

23 States of every alien participating in the visa waiver 

24 program established under section 217 of the Immi25 gration and Nationality Act (8 U.S.C. 1187). 


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1 (2) SYSTEM REQUIREMENTS.—The system estab2 lished under paragraph (1) shall— 

3 (A) match biometric information of the 

4 alien against relevant watch lists and immigra5 tion information; and 

6 (B) compare such biometric information 

7 against manifest information collected by air 

8 carriers on passengers departing the United 

9 States to confirm such individuals have departed 

10 the United States. 

11 (3) REPORT.—Not later than 180 days after the 

12 date of enactment of this Act, the Secretary shall sub13 mit a report to Congress that describes— 

14 (A) the progress made in developing and de15 ploying the exit system established under this 

16 subsection; and 

17 (B) the procedures by which the Secretary 

18 will improve the manner of calculating the rates 

19 of nonimmigrants who violate the terms of their 

20 visas by remaining in the United States after the 

21 expiration of such visas. 

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There are 

23 authorized to be appropriated such sums as may be nec24 essary to carry out this section and the amendments made 

25 by this section. 


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1 SEC. 402. STRENGTHENING THE CAPABILITIES OF THE 

2 HUMAN SMUGGLING AND TRAFFICKING CEN3 TER. 

4 (a) IN GENERAL.—Section 7202 of the Intelligence Re5 form and Terrorism Prevention Act of 2004 (8 U.S.C. 1777) 

6 is amended— 

7 (1) in subsection (c)(1), by striking ‘‘address’’ 

8 and inserting ‘‘integrate and disseminate intelligence 

9 and information related to’’; 

10 (2) by redesignating subsections (d) and (e) as 

11 subsections (g) and (h), respectively; and 

12 (3) by inserting after subsection (c) the following 

13 new subsections: 

14 ‘‘(d) DIRECTOR.—The Secretary of Homeland Security 

15 shall nominate an official of the Government of the United 

16 States to serve as the Director of the Center, in accordance 

17 with the requirements of the memorandum of understanding 

18 entitled the ‘Human Smuggling and Trafficking Center 

19 (HSTC) Charter’. 

20 ‘‘(e) STAFFING OF THE CENTER.— 

21 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

22 Security, in cooperation with heads of other relevant 

23 agencies and departments, shall ensure that the Cen24 ter is staffed with not fewer than 40 full-time equiva25 lent positions, including, as appropriate, detailees 

26 from the following: 


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1 ‘‘(A) The Office of Intelligence and Anal2 ysis. 

3 ‘‘(B) The Transportation Security Adminis4 tration. 

5 ‘‘(C) The United States Citizenship and Im6 migration Services. 

7 ‘‘(D) The United States Customs and Bor8 der Protection. 

9 ‘‘(E) The United States Coast Guard. 

10 ‘‘(F) The United States Immigration and 

11 Customs Enforcement. 

12 ‘‘(G) The Central Intelligence Agency. 

13 ‘‘(H) The Department of Defense. 

14 ‘‘(I) The Department of the Treasury. 

15 ‘‘(J) The National Counterterrorism Center. 

16 ‘‘(K) The National Security Agency. 

17 ‘‘(L) The Department of Justice. 

18 ‘‘(M) The Department of State. 

19 ‘‘(N) Any other relevant agency or depart20 ment. 

21 ‘‘(2) EXPERTISE OF DETAILEES.—The Secretary 

22 of Homeland Security, in cooperation with the head 

23 of each agency, department, or other entity set out 

24 under paragraph (1), shall ensure that the detailees 

25 provided to the Center under paragraph (1) include 


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1 an adequate number of personnel with experience in 

2 the area of— 

3 ‘‘(A) consular affairs; 

4 ‘‘(B) counterterrorism; 

5 ‘‘(C) criminal law enforcement; 

6 ‘‘(D) intelligence analysis; 

7 ‘‘(E) prevention and detection of document 

8 fraud; 

9 ‘‘(F) border inspection; or 

10 ‘‘(G) immigration enforcement. 

11 ‘‘(3) REIMBURSEMENT FOR DETAILEES.—To the 

12 extent that funds are available for such purpose, the 

13 Secretary of Homeland Security shall provide reim14 bursement to each agency or department that provides 

15 a detailee to the Center, in such amount or propor16 tion as is appropriate for costs associated with the 

17 provision of such detailee, including costs for travel 

18 by, and benefits provided to, such detailee. 

19 ‘‘(f) ADMINISTRATIVE SUPPORT AND FUNDING.—The 

20 Secretary of Homeland Security shall provide to the Center 

21 the administrative support and funding required for its 

22 maintenance, including funding for personnel, leasing of of23 fice space, supplies, equipment, technology, training, and 

24 travel expenses necessary for the Center to carry out its 

25 functions.’’. 


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1 (b) REPORT.—Subsection (g) of section 7202 of the In2 telligence Reform and Terrorism Prevention Act of 2004 (8 

3 U.S.C. 1777), as redesignated by subsection (a)(2), is 

4 amended— 

5 (1) in the heading, by striking ‘‘REPORT’’ and 

6 inserting ‘‘INITIAL REPORT’’; 

7 (2) by redesignating such subsection (g) as para8 graph (1); 

9 (3) by indenting such paragraph, as so des10 ignated, four ems from the left margin; 

11 (4) by inserting before such paragraph, as so des12 ignated, the following: 

13 ‘‘(g) REPORT.—’’; and 

14 (5) by inserting after such paragraph, as so des15 ignated, the following new paragraph: 

16 ‘‘(2) FOLLOW-UP REPORT.—Not later than 180 

17 days after the date of enactment of the Improving 

18 America’s Security Act of 2007, the President shall 

19 transmit to Congress a report regarding the operation 

20 of the Center and the activities carried out by the 

21 Center, including a description of— 

22 ‘‘(A) the roles and responsibilities of each 

23 agency or department that is participating in 

24 the Center; 


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1 ‘‘(B) the mechanisms used to share informa2 tion among each such agency or department; 

3 ‘‘(C) the staff provided to the Center by each 

4 such agency or department; 

5 ‘‘(D) the type of information and reports 

6 being disseminated by the Center; and 

7 ‘‘(E) any efforts by the Center to create a 

8 centralized Federal Government database to store 

9 information related to illicit travel of foreign na10 tionals, including a description of any such 

11 database and of the manner in which informa12 tion utilized in such a database would be col13 lected, stored, and shared.’’. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 

15 authorized to be appropriated to the Secretary to carry out 

16 section 7202 of the Intelligence Reform and Terrorism Pre17 vention Act of 2004 (8 U.S.C. 1777), as amended by this 

18 section, $20,000,000 for fiscal year 2008. 

19 SEC. 403. ENHANCEMENTS TO THE TERRORIST TRAVEL 

20 PROGRAM. 

21 Section 7215 of the Intelligence Reform and Terrorism 

22 Prevention Act of 2004 (6 U.S.C. 123) is amended to read 

23 as follows: 


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1 ‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM. 

2 ‘‘(a) REQUIREMENT TO ESTABLISH.—Not later than 

3 90 days after the date of enactment of the Improving Amer4 ica’s Security Act of 2007, the Secretary of Homeland Secu5 rity, in consultation with the Director of the National 

6 Counterterrorism Center and consistent with the strategy 

7 developed under section 7201, shall establish a program to 

8 oversee the implementation of the Secretary’s responsibil9 ities with respect to terrorist travel. 

10 ‘‘(b) HEAD OF THE PROGRAM.—The Secretary of 

11 Homeland Security shall designate an official of the De12 partment of Homeland Security to be responsible for car13 rying out the program. Such official shall be— 

14 ‘‘(1) the Assistant Secretary for Policy of the De15 partment of Homeland Security; or 

16 ‘‘(2) an official appointed by the Secretary who 

17 reports directly to the Secretary. 

18 ‘‘(c) DUTIES.—The official designated under sub19 section (b) shall assist the Secretary of Homeland Security 

20 in improving the Department’s ability to prevent terrorists 

21 from entering the United States or remaining in the United 

22 States undetected by— 

23 ‘‘(1) developing relevant strategies and policies; 

24 ‘‘(2) reviewing the effectiveness of existing pro25 grams and recommending improvements, if necessary; 


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1 ‘‘(3) making recommendations on budget requests 

2 and on the allocation of funding and personnel; 

3 ‘‘(4) ensuring effective coordination, with respect 

4 to policies, programs, planning, operations, and dis5 semination of intelligence and information related to 

6 terrorist travel— 

7 ‘‘(A) among appropriate subdivisions of the 

8 Department of Homeland Security, as deter9 mined by the Secretary and including— 

10 ‘‘(i) the United States Customs and 

11 Border Protection; 

12 ‘‘(ii) the United States Immigration 

13 and Customs Enforcement; 

14 ‘‘(iii) the United States Citizenship 

15 and Immigration Services; 

16 ‘‘(iv) the Transportation Security Ad17 ministration; and 

18 ‘‘(v) the United States Coast Guard; 

19 and 

20 ‘‘(B) between the Department of Homeland 

21 Security and other appropriate Federal agencies; 

22 and 

23 ‘‘(5) serving as the Secretary’s primary point of 

24 contact with the National Counterterrorism Center for 

25 implementing initiatives related to terrorist travel 


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1 and ensuring that the recommendations of the Center 

2 related to terrorist travel are carried out by the De3 partment. 

4 ‘‘(d) REPORT.—Not later than 180 days after the date 

5 of enactment of the Improving America’s Security Act of 

6 2007, the Secretary of Homeland Security shall submit to 

7 the Committee on Homeland Security and Governmental 

8 Affairs of the Senate and the Committee on Homeland Se9 curity of the House of Representatives a report on the im10 plementation of this section.’’. 

11 SEC. 404. ENHANCED DRIVER’S LICENSE. 

12 Section 7209(b)(1) of the Intelligence Reform and Ter13 rorism Prevention Act of 2004 (8 U.S.C. 1185 note) is 

14 amended— 

15 (1) in subparagraph (B)— 

16 (A) in clause (vi), by striking ‘‘and’’ at the 

17 end; 

18 (B) in clause (vii), by striking the period at 

19 the end and inserting ‘‘; and’’; and 

20 (C) by adding at the end the following: 

21 ‘‘(viii) the signing of a memorandum 

22 of agreement to initiate a pilot program 

23 with not less than 1 State to determine if 

24 an enhanced driver’s license, which is ma25 chine-readable and tamper proof, not valid 


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1 for certification of citizenship for any pur2 pose other than admission into the United 

3 States from Canada, and issued by such 

4 State to an individual, may permit the in5 dividual to use the driver’s license to meet 

6 the documentation requirements under sub7 paragraph (A) for entry into the United 

8 States from Canada at the land and sea 

9 ports of entry.’’; and 

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

11 ‘‘(C) REPORT.—Not later than 180 days 

12 after the initiation of the pilot program de13 scribed in subparagraph (B)(viii), the Secretary 

14 of Homeland Security and Secretary of State 

15 shall submit to the appropriate congressional 

16 committees a report, which includes— 

17 ‘‘(i) an analysis of the impact of the 

18 pilot program on national security; 

19 ‘‘(ii) recommendations on how to ex20 pand the pilot program to other States; 

21 ‘‘(iii) any appropriate statutory 

22 changes to facilitate the expansion of the 

23 pilot program to additional States and to 

24 citizens of Canada; 


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1 ‘‘(iv) a plan to scan individuals par2 ticipating in the pilot program against 

3 United States terrorist watch lists; and 

4 ‘‘(v) a recommendation for the type of 

5 machine-readable technology that should be 

6 used in enhanced driver’s licenses, based on 

7 individual privacy considerations and the 

8 costs and feasibility of incorporating any 

9 new technology into existing driver’s li10 censes.’’. 

11 SEC. 405. WESTERN HEMISPHERE TRAVEL INITIATIVE. 

12 Before publishing a final rule in the Federal Register, 

13 the Secretary shall conduct— 

14 (1) a complete cost-benefit analysis of the West15 ern Hemisphere Travel Initiative, authorized under 

16 section 7209 of the Intelligence Reform and Terrorism 

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

18 U.S.C. 1185 note); and 

19 (2) a study of the mechanisms by which the exe20 cution fee for a PASS Card could be reduced, consid21 ering the potential increase in the number of applica22 tions. 


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1 TITLE V—PRIVACY AND CIVIL 

2 LIBERTIES MATTERS 

3 SEC. 501. MODIFICATION OF AUTHORITIES RELATING TO 

4 PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

5 BOARD. 

6 (a) MODIFICATION OF AUTHORITIES.—Section 1061 of 

7 the National Security Intelligence Reform Act of 2004 (title 

8 I of Public Law 108–458; 5 U.S.C. 601 note) is amended 

9 to read as follows: 

10 ‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

11 BOARD. 

12 ‘‘(a) IN GENERAL.—There is established within the 

13 Executive Office of the President a Privacy and Civil Lib14 erties Oversight Board (referred to in this section as the 

15 ‘Board’). 

16 ‘‘(b) FINDINGS.—Consistent with the report of the Na17 tional Commission on Terrorist Attacks Upon the United 

18 States, Congress makes the following findings: 

19 ‘‘(1) In conducting the war on terrorism, the 

20 Government may need additional powers and may 

21 need to enhance the use of its existing powers. 

22 ‘‘(2) This shift of power and authority to the 

23 Government calls for an enhanced system of checks 

24 and balances to protect the precious liberties that are 

25 vital to our way of life and to ensure that the GovernVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00144 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 ment uses its powers for the purposes for which the 

2 powers were given. 

3 ‘‘(c) PURPOSE.—The Board shall— 

4 ‘‘(1) analyze and review actions the executive 

5 branch takes to protect the Nation from terrorism, en6 suring that the need for such actions is balanced with 

7 the need to protect privacy and civil liberties; and 

8 ‘‘(2) ensure that liberty concerns are appro9 priately considered in the development and imple10 mentation of laws, regulations, and policies related to 

11 efforts to protect the Nation against terrorism. 

12 ‘‘(d) FUNCTIONS.— 

13 ‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOP14 MENT AND IMPLEMENTATION.—The Board shall— 

15 ‘‘(A) review proposed legislation, regula16 tions, and policies related to efforts to protect the 

17 Nation from terrorism, including the develop18 ment and adoption of information sharing 

19 guidelines under subsections (d) and (f) of sec20 tion 1016; 

21 ‘‘(B) review the implementation of new and 

22 existing legislation, regulations, and policies re23 lated to efforts to protect the Nation from ter24 rorism, including the implementation of inforVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00145 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 mation sharing guidelines under subsections (d) 

2 and (f) of section 1016; 

3 ‘‘(C) advise the President and the depart4 ments, agencies, and elements of the executive 

5 branch to ensure that privacy and civil liberties 

6 are appropriately considered in the development 

7 and implementation of such legislation, regula8 tions, policies, and guidelines; and 

9 ‘‘(D) in providing advice on proposals to 

10 retain or enhance a particular governmental 

11 power, consider whether the department, agency, 

12 or element of the executive branch has estab13 lished— 

14 ‘‘(i) that the need for the power is bal15 anced with the need to protect privacy and 

16 civil liberties; 

17 ‘‘(ii) that there is adequate supervision 

18 of the use by the executive branch of the 

19 power to ensure protection of privacy and 

20 civil liberties; and 

21 ‘‘(iii) that there are adequate guide22 lines and oversight to properly confine its 

23 use. 

24 ‘‘(2) OVERSIGHT.—The Board shall continually 

25 review— 


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1 ‘‘(A) the regulations, policies, and proce2 dures, and the implementation of the regulations, 

3 policies, and procedures, of the departments, 

4 agencies, and elements of the executive branch to 

5 ensure that privacy and civil liberties are pro6 tected; 

7 ‘‘(B) the information sharing practices of 

8 the departments, agencies, and elements of the 

9 executive branch to determine whether they ap10 propriately protect privacy and civil liberties 

11 and adhere to the information sharing guidelines 

12 issued or developed under subsections (d) and (f) 

13 of section 1016 and to other governing laws, reg14 ulations, and policies regarding privacy and 

15 civil liberties; and 

16 ‘‘(C) other actions by the executive branch 

17 related to efforts to protect the Nation from ter18 rorism to determine whether such actions— 

19 ‘‘(i) appropriately protect privacy and 

20 civil liberties; and 

21 ‘‘(ii) are consistent with governing 

22 laws, regulations, and policies regarding 

23 privacy and civil liberties. 

24 ‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL

25 LIBERTIES OFFICERS.—The Board shall— 


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1 ‘‘(A) review and assess reports and other in2 formation from privacy officers and civil lib3 erties officers under section 1062; 

4 ‘‘(B) when appropriate, make recommenda5 tions to such privacy officers and civil liberties 

6 officers regarding their activities; and 

7 ‘‘(C) when appropriate, coordinate the ac8 tivities of such privacy officers and civil liberties 

9 officers on relevant interagency matters. 

10 ‘‘(4) TESTIMONY.—The members of the Board 

11 shall appear and testify before Congress upon request. 

12 ‘‘(e) REPORTS.— 

13 ‘‘(1) IN GENERAL.—The Board shall— 

14 ‘‘(A) receive and review reports from pri15 vacy officers and civil liberties officers under sec16 tion 1062; and 

17 ‘‘(B) periodically submit, not less than 

18 semiannually, reports— 

19 ‘‘(i)(I) to the appropriate committees 

20 of Congress, including the Committee on the 

21 Judiciary of the Senate, the Committee on 

22 the Judiciary of the House of Representa23 tives, the Committee on Homeland Security 

24 and Governmental Affairs of the Senate, the 

25 Committee on Oversight and Government 


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1 Reform of the House of Representatives, the 

2 Select Committee on Intelligence of the Sen3 ate, and the Permanent Select Committee 

4 on Intelligence of the House of Representa5 tives; and 

6 ‘‘(II) to the President; and 

7 ‘‘(ii) which shall be in unclassified 

8 form to the greatest extent possible, with a 

9 classified annex where necessary. 

10 ‘‘(2) CONTENTS.—Not less than 2 reports sub11 mitted each year under paragraph (1)(B) shall in12 clude— 

13 ‘‘(A) a description of the major activities of 

14 the Board during the preceding period; 

15 ‘‘(B) information on the findings, conclu16 sions, and recommendations of the Board result17 ing from its advice and oversight functions 

18 under subsection (d); 

19 ‘‘(C) the minority views on any findings, 

20 conclusions, and recommendations of the Board 

21 resulting from its advice and oversight functions 

22 under subsection (d); 

23 ‘‘(D) each proposal reviewed by the Board 

24 under subsection (d)(1) that— 


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1 ‘‘(i) the Board advised against imple2 mentation; and 

3 ‘‘(ii) notwithstanding such advice, ac4 tions were taken to implement; and 

5 ‘‘(E) for the preceding period, any requests 

6 submitted under subsection (g)(1)(D) for the 

7 issuance of subpoenas that were modified or de8 nied by the Attorney General. 

9 ‘‘(f) INFORMING THE PUBLIC.—The Board shall— 

10 ‘‘(1) make its reports, including its reports to 

11 Congress, available to the public to the greatest extent 

12 that is consistent with the protection of classified in13 formation and applicable law; and 

14 ‘‘(2) hold public hearings and otherwise inform 

15 the public of its activities, as appropriate and in a 

16 manner consistent with the protection of classified in17 formation and applicable law. 

18 ‘‘(g) ACCESS TO INFORMATION.— 

19 ‘‘(1) AUTHORIZATION.—If determined by the 

20 Board to be necessary to carry out its responsibilities 

21 under this section, the Board is authorized to— 

22 ‘‘(A) have access from any department, 

23 agency, or element of the executive branch, or 

24 any Federal officer or employee, to all relevant 

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1 pers, recommendations, or other relevant mate2 rial, including classified information consistent 

3 with applicable law; 

4 ‘‘(B) interview, take statements from, or 

5 take public testimony from personnel of any de6 partment, agency, or element of the executive 

7 branch, or any Federal officer or employee; 

8 ‘‘(C) request information or assistance from 

9 any State, tribal, or local government; and 

10 ‘‘(D) at the direction of a majority of the 

11 members of the Board, submit a written request 

12 to the Attorney General of the United States that 

13 the Attorney General require, by subpoena, per14 sons (other than departments, agencies, and ele15 ments of the executive branch) to produce any 

16 relevant information, documents, reports, an17 swers, records, accounts, papers, and other docu18 mentary or testimonial evidence. 

19 ‘‘(2) REVIEW OF SUBPOENA REQUEST.— 

20 ‘‘(A) IN GENERAL.—Not later than 30 days 

21 after the date of receipt of a request by the Board 

22 under paragraph (1)(D), the Attorney General 

23 shall— 

24 ‘‘(i) issue the subpoena as requested; or 


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1 ‘‘(ii) provide the Board, in writing, 

2 with an explanation of the grounds on 

3 which the subpoena request has been modi4 fied or denied. 

5 ‘‘(B) NOTIFICATION.—If a subpoena request 

6 is modified or denied under subparagraph 

7 (A)(ii), the Attorney General shall, not later 

8 than 30 days after the date of that modification 

9 or denial, notify the Committee on the Judiciary 

10 of the Senate and the Committee on the Judici11 ary of the House of Representatives. 

12 ‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case 

13 of contumacy or failure to obey a subpoena issued 

14 pursuant to paragraph (1)(D), the United States dis15 trict court for the judicial district in which the sub16 poenaed person resides, is served, or may be found 

17 may issue an order requiring such person to produce 

18 the evidence required by such subpoena. 

19 ‘‘(4) AGENCY COOPERATION.—Whenever informa20 tion or assistance requested under subparagraph (A) 

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

22 Board, unreasonably refused or not provided, the 

23 Board shall report the circumstances to the head of 

24 the department, agency, or element concerned without 

25 delay. The head of the department, agency, or element 


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1 concerned shall ensure that the Board is given access 

2 to the information, assistance, material, or personnel 

3 the Board determines to be necessary to carry out its 

4 functions. 

5 ‘‘(h) MEMBERSHIP.— 

6 ‘‘(1) MEMBERS.—The Board shall be composed of 

7 a full-time chairman and 4 additional members, who 

8 shall be appointed by the President, by and with the 

9 advice and consent of the Senate. 

10 ‘‘(2) QUALIFICATIONS.—Members of the Board 

11 shall be selected solely on the basis of their profes12 sional qualifications, achievements, public stature, ex13 pertise in civil liberties and privacy, and relevant ex14 perience, and without regard to political affiliation, 

15 but in no event shall more than 3 members of the 

16 Board be members of the same political party. 

17 ‘‘(3) INCOMPATIBLE OFFICE.—An individual ap18 pointed to the Board may not, while serving on the 

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

20 the Federal Government, other than in the capacity 

21 as a member of the Board. 

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

23 serve a term of 6 years, except that— 

24 ‘‘(A) a member appointed to a term of office 

25 after the commencement of such term may serve 


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1 under such appointment only for the remainder 

2 of such term; 

3 ‘‘(B) upon the expiration of the term of of4 fice of a member, the member shall continue to 

5 serve until the member’s successor has been ap6 pointed and qualified, except that no member 

7 may serve under this subparagraph— 

8 ‘‘(i) for more than 60 days when Con9 gress is in session unless a nomination to 

10 fill the vacancy shall have been submitted to 

11 the Senate; or 

12 ‘‘(ii) after the adjournment sine die of 

13 the session of the Senate in which such 

14 nomination is submitted; and 

15 ‘‘(C) the members first appointed under this 

16 subsection after the date of enactment of the Im17 proving America’s Security Act of 2007 shall 

18 serve terms of two, three, four, five, and six 

19 years, respectively, with the term of each such 

20 member to be designated by the President. 

21 ‘‘(5) QUORUM AND MEETINGS.—After its initial 

22 meeting, the Board shall meet upon the call of the 

23 chairman or a majority of its members. Three mem24 bers of the Board shall constitute a quorum. 

25 ‘‘(i) COMPENSATION AND TRAVEL EXPENSES.— 


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1 ‘‘(1) COMPENSATION.— 

2 ‘‘(A) CHAIRMAN.—The chairman of the 

3 Board shall be compensated at the rate of pay 

4 payable for a position at level III of the Execu5 tive Schedule under section 5314 of title 5, 

6 United States Code. 

7 ‘‘(B) MEMBERS.—Each member of the 

8 Board shall be compensated at a rate of pay 

9 payable for a position at level IV of the Execu10 tive Schedule under section 5315 of title 5, 

11 United States Code, for each day during which 

12 that member is engaged in the actual perform13 ance of the duties of the Board. 

14 ‘‘(2) TRAVEL EXPENSES.—Members of the Board 

15 shall be allowed travel expenses, including per diem 

16 in lieu of subsistence, at rates authorized for persons 

17 employed intermittently by the Government under 

18 section 5703(b) of title 5, United States Code, while 

19 away from their homes or regular places of business 

20 in the performance of services for the Board. 

21 ‘‘(j) STAFF.— 

22 ‘‘(1) APPOINTMENT AND COMPENSATION.—The 

23 chairman of the Board, in accordance with rules 

24 agreed upon by the Board, shall appoint and fix the 

25 compensation of a full-time executive director and 


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1 such other personnel as may be necessary to enable 

2 the Board to carry out its functions, without regard 

3 to the provisions of title 5, United States Code, gov4 erning appointments in the competitive service, and 

5 without regard to the provisions of chapter 51 and 

6 subchapter III of chapter 53 of such title relating to 

7 classification and General Schedule pay rates, except 

8 that no rate of pay fixed under this subsection may 

9 exceed the equivalent of that payable for a position at 

10 level V of the Executive Schedule under section 5316 

11 of title 5, United States Code. 

12 ‘‘(2) DETAILEES.—Any Federal employee may 

13 be detailed to the Board without reimbursement from 

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

15 status, and privileges of the detailee’s regular employ16 ment without interruption. 

17 ‘‘(3) CONSULTANT SERVICES.—The Board may 

18 procure the temporary or intermittent services of ex19 perts and consultants in accordance with section 3109 

20 of title 5, United States Code, at rates that do not ex21 ceed the daily rate paid a person occupying a posi22 tion at level IV of the Executive Schedule under sec23 tion 5315 of such title. 

24 ‘‘(k) SECURITY CLEARANCES.—The appropriate de25 partments, agencies, and elements of the executive branch 


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1 shall cooperate with the Board to expeditiously provide the 

2 Board members and staff with appropriate security clear3 ances to the extent possible under existing procedures and 

4 requirements. 

5 ‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY COM6 MITTEE.—The Board— 

7 ‘‘(1) is an agency (as defined in section 551(1) 

8 of title 5, United States Code); and 

9 ‘‘(2) is not an advisory committee (as defined in 

10 section 3(2) of the Federal Advisory Committee Act (5 

11 U.S.C. App.)). 

12 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated to carry out this section 

14 amounts as follows: 

15 ‘‘(1) For fiscal year 2008, $5,000,000. 

16 ‘‘(2) For fiscal year 2009, $6,650,000. 

17 ‘‘(3) For fiscal year 2010, $8,300,000. 

18 ‘‘(4) For fiscal year 2011, $10,000,000. 

19 ‘‘(5) For fiscal year 2012, and each fiscal year 

20 thereafter, such sums as may be necessary.’’. 

21 (b) CONTINUATION OF SERVICE OF CURRENT MEM22 BERS OF PRIVACY AND CIVIL LIBERTIES BOARD.—The 

23 members of the Privacy and Civil Liberties Oversight Board 

24 as of the date of enactment of this Act may continue to 

25 serve as members of that Board after that date, and to carry 


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1 out the functions and exercise the powers of that Board as 

2 specified in section 1061 of the National Security Intel3 ligence Reform Act of 2004 (as amended by subsection (a)), 

4 until— 

5 (1) in the case of any individual serving as a 

6 member of the Board under an appointment by the 

7 President, by and with the advice and consent of the 

8 Senate, the expiration of a term designated by the 

9 President under section 1061(h)(4)(C) of such Act (as 

10 so amended); 

11 (2) in the case of any individual serving as a 

12 member of the Board other than under an appoint13 ment by the President, by and with the advice and 

14 consent of the Senate, the confirmation or rejection by 

15 the Senate of that member’s nomination to the Board 

16 under such section 1061 (as so amended), except that 

17 no such individual may serve as a member under this 

18 paragraph— 

19 (A) for more than 60 days when Congress is 

20 in session unless a nomination of that indi21 vidual to be a member of the Board has been 

22 submitted to the Senate; or 

23 (B) after the adjournment sine die of the 

24 session of the Senate in which such nomination 

25 is submitted; or 


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1 (3) the appointment of members of the Board 

2 under such section 1061 (as so amended), except that 

3 no member may serve under this paragraph— 

4 (A) for more than 60 days when Congress is 

5 in session unless a nomination to fill the posi6 tion on the Board shall have been submitted to 

7 the Senate; or 

8 (B) after the adjournment sine die of the 

9 session of the Senate in which such nomination 

10 is submitted. 

11 SEC. 502. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

12 (a) IN GENERAL.—Section 1062 of the National Secu13 rity Intelligence Reform Act of 2004 (title I of Public Law 

14 108–458; 118 Stat. 3688) is amended to read as follows: 

15 ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 

16 ‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney 

17 General, the Secretary of Defense, the Secretary of State, 

18 the Secretary of the Treasury, the Secretary of Health and 

19 Human Services, the Secretary of Homeland Security, the 

20 Director of National Intelligence, the Director of the Central 

21 Intelligence Agency, and the head of any other department, 

22 agency, or element of the executive branch designated by 

23 the Privacy and Civil Liberties Oversight Board under sec24 tion 1061 to be appropriate for coverage under this section 

25 shall designate not less than 1 senior officer to— 


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1 ‘‘(1) assist the head of such department, agency, 

2 or element and other officials of such department, 

3 agency, or element in appropriately considering pri4 vacy and civil liberties concerns when such officials 

5 are proposing, developing, or implementing laws, reg6 ulations, policies, procedures, or guidelines related to 

7 efforts to protect the Nation against terrorism; 

8 ‘‘(2) periodically investigate and review depart9 ment, agency, or element actions, policies, procedures, 

10 guidelines, and related laws and their implementa11 tion to ensure that such department, agency, or ele12 ment is adequately considering privacy and civil lib13 erties in its actions; 

14 ‘‘(3) ensure that such department, agency, or ele15 ment has adequate procedures to receive, investigate, 

16 respond to, and redress complaints from individuals 

17 who allege such department, agency, or element has 

18 violated their privacy or civil liberties; and 

19 ‘‘(4) in providing advice on proposals to retain 

20 or enhance a particular governmental power the offi21 cer shall consider whether such department, agency, 

22 or element has established— 

23 ‘‘(A) that the need for the power is balanced 

24 with the need to protect privacy and civil lib25 erties; 


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1 ‘‘(B) that there is adequate supervision of 

2 the use by such department, agency, or element 

3 of the power to ensure protection of privacy and 

4 civil liberties; and 

5 ‘‘(C) that there are adequate guidelines and 

6 oversight to properly confine its use. 

7 ‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.— 

8 ‘‘(1) PRIVACY OFFICERS.—In any department, 

9 agency, or element referred to in subsection (a) or des10 ignated by the Privacy and Civil Liberties Oversight 

11 Board, which has a statutorily created privacy officer, 

12 such officer shall perform the functions specified in 

13 subsection (a) with respect to privacy. 

14 ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de15 partment, agency, or element referred to in subsection 

16 (a) or designated by the Board, which has a statu17 torily created civil liberties officer, such officer shall 

18 perform the functions specified in subsection (a) with 

19 respect to civil liberties. 

20 ‘‘(c) SUPERVISION AND COORDINATION.—Each pri21 vacy officer or civil liberties officer described in subsection 

22 (a) or (b) shall— 

23 ‘‘(1) report directly to the head of the depart24 ment, agency, or element concerned; and 


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1 ‘‘(2) coordinate their activities with the Inspector 

2 General of such department, agency, or element to 

3 avoid duplication of effort. 

4 ‘‘(d) AGENCY COOPERATION.—The head of each de5 partment, agency, or element shall ensure that each privacy 

6 officer and civil liberties officer— 

7 ‘‘(1) has the information, material, and resources 

8 necessary to fulfill the functions of such officer; 

9 ‘‘(2) is advised of proposed policy changes; 

10 ‘‘(3) is consulted by decision makers; and 

11 ‘‘(4) is given access to material and personnel 

12 the officer determines to be necessary to carry out the 

13 functions of such officer. 

14 ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No action 

15 constituting a reprisal, or threat of reprisal, for making a 

16 complaint or for disclosing information to a privacy officer 

17 or civil liberties officer described in subsection (a) or (b), 

18 or to the Privacy and Civil Liberties Oversight Board, that 

19 indicates a possible violation of privacy protections or civil 

20 liberties in the administration of the programs and oper21 ations of the Federal Government relating to efforts to pro22 tect the Nation from terrorism shall be taken by any Federal 

23 employee in a position to take such action, unless the com24 plaint was made or the information was disclosed with the 


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1 knowledge that it was false or with willful disregard for 

2 its truth or falsity. 

3 ‘‘(f) PERIODIC REPORTS.— 

4 ‘‘(1) IN GENERAL.—The privacy officers and 

5 civil liberties officers of each department, agency, or 

6 element referred to or described in subsection (a) or 

7 (b) shall periodically, but not less than quarterly, sub8 mit a report on the activities of such officers— 

9 ‘‘(A)(i) to the appropriate committees of 

10 Congress, including the Committee on the Judici11 ary of the Senate, the Committee on the Judici12 ary of the House of Representatives, the Com13 mittee on Homeland Security and Governmental 

14 Affairs of the Senate, the Committee on Over15 sight and Government Reform of the House of 

16 Representatives, the Select Committee on Intel17 ligence of the Senate, and the Permanent Select 

18 Committee on Intelligence of the House of Rep19 resentatives; 

20 ‘‘(ii) to the head of such department, agen21 cy, or element; and 

22 ‘‘(iii) to the Privacy and Civil Liberties 

23 Oversight Board; and 


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1 ‘‘(B) which shall be in unclassified form to 

2 the greatest extent possible, with a classified 

3 annex where necessary. 

4 ‘‘(2) CONTENTS.—Each report submitted under 

5 paragraph (1) shall include information on the dis6 charge of each of the functions of the officer concerned, 

7 including— 

8 ‘‘(A) information on the number and types 

9 of reviews undertaken; 

10 ‘‘(B) the type of advice provided and the re11 sponse given to such advice; 

12 ‘‘(C) the number and nature of the com13 plaints received by the department, agency, or 

14 element concerned for alleged violations; and 

15 ‘‘(D) a summary of the disposition of such 

16 complaints, the reviews and inquiries conducted, 

17 and the impact of the activities of such officer. 

18 ‘‘(g) INFORMING THE PUBLIC.—Each privacy officer 

19 and civil liberties officer shall— 

20 ‘‘(1) make the reports of such officer, including 

21 reports to Congress, available to the public to the 

22 greatest extent that is consistent with the protection 

23 of classified information and applicable law; and 

24 ‘‘(2) otherwise inform the public of the activities 

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1 sistent with the protection of classified information 

2 and applicable law. 

3 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall 

4 be construed to limit or otherwise supplant any other au5 thorities or responsibilities provided by law to privacy offi6 cers or civil liberties officers.’’. 

7 (b) CLERICAL AMENDMENT.—The table of contents for 

8 the Intelligence Reform and Terrorism Prevention Act of 

9 2004 (Public Law 108–458) is amended by striking the 

10 item relating to section 1062 and inserting the following 

11 new item: 

‘‘Sec. 1062. Privacy and civil liberties officers.’’. 

12 SEC. 503. DEPARTMENT PRIVACY OFFICER. 

13 Section 222 of the Homeland Security Act of 2002 (6 

14 U.S.C. 142) is amended— 

15 (1) by inserting ‘‘(a) APPOINTMENT AND RE16 SPONSIBILITIES.—’’ before ‘‘The Secretary’’; and 

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

18 ‘‘(b) AUTHORITY TO INVESTIGATE.— 

19 ‘‘(1) IN GENERAL.—The senior official appointed 

20 under subsection (a) may— 

21 ‘‘(A) have access to all records, reports, au22 dits, reviews, documents, papers, recommenda23 tions, and other materials available to the De24 partment that relate to programs and operations 


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1 with respect to the responsibilities of the senior 

2 official under this section; 

3 ‘‘(B) make such investigations and reports 

4 relating to the administration of the programs 

5 and operations of the Department that are nec6 essary or desirable as determined by that senior 

7 official; 

8 ‘‘(C) subject to the approval of the Sec9 retary, require by subpoena the production, by 

10 any person other than a Federal agency, of all 

11 information, documents, reports, answers, 

12 records, accounts, papers, and other data and 

13 documentary evidence necessary to performance 

14 of the responsibilities of the senior official under 

15 this section; and 

16 ‘‘(D) administer to or take from any person 

17 an oath, affirmation, or affidavit, whenever nec18 essary to performance of the responsibilities of 

19 the senior official under this section. 

20 ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub21 poena issued under paragraph (1)(C) shall, in the 

22 case of contumacy or refusal to obey, be enforceable by 

23 order of any appropriate United States district court. 

24 ‘‘(3) EFFECT OF OATHS.—Any oath, affirmation, 

25 or affidavit administered or taken under paragraph 


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1 (1)(D) by or before an employee of the Privacy Office 

2 designated for that purpose by the senior official ap3 pointed under subsection (a) shall have the same force 

4 and effect as if administered or taken by or before an 

5 officer having a seal of office. 

6 ‘‘(c) SUPERVISION AND COORDINATION.— 

7 ‘‘(1) IN GENERAL.—The senior official appointed 

8 under subsection (a) shall— 

9 ‘‘(A) report to, and be under the general su10 pervision of, the Secretary; and 

11 ‘‘(B) coordinate activities with the Inspector 

12 General of the Department in order to avoid du13 plication of effort. 

14 ‘‘(2) NOTIFICATION TO CONGRESS ON RE15 MOVAL.—If the Secretary removes the senior official 

16 appointed under subsection (a) or transfers that sen17 ior official to another position or location within the 

18 Department, the Secretary shall— 

19 ‘‘(A) promptly submit a written notifica20 tion of the removal or transfer to Houses of Con21 gress; and 

22 ‘‘(B) include in any such notification the 

23 reasons for the removal or transfer. 

24 ‘‘(d) REPORTS BY SENIOR OFFICIAL TO CONGRESS.— 

25 The senior official appointed under subsection (a) shall— 


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1 ‘‘(1) submit reports directly to the Congress re2 garding performance of the responsibilities of the sen3 ior official under this section, without any prior com4 ment or amendment by the Secretary, Deputy Sec5 retary, or any other officer or employee of the Depart6 ment or the Office of Management and Budget; and 

7 ‘‘(2) inform the Committee on Homeland Secu8 rity and Governmental Affairs of the Senate and the 

9 Committee on Homeland Security of the House of 

10 Representatives not later than— 

11 ‘‘(A) 30 days after the Secretary dis12 approves the senior official’s request for a sub13 poena under subsection (b)(1)(C) or the Sec14 retary substantively modifies the requested sub15 poena; or 

16 ‘‘(B) 45 days after the senior official’s re17 quest for a subpoena under subsection (b)(1)(C), 

18 if that subpoena has not either been approved or 

19 disapproved by the Secretary.’’. 

20 SEC. 504. FEDERAL AGENCY DATA MINING REPORTING ACT 

21 OF 2007. 

22 (a) SHORT TITLE.—This section may be cited as the 

23 ‘‘Federal Agency Data Mining Reporting Act of 2007’’. 

24 (b) DEFINITIONS.—In this section: 


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1 (1) DATA MINING.—The term ‘‘data mining’’ 

2 means a query, search, or other analysis of 1 or more 

3 electronic databases, where— 

4 (A) a department or agency of the Federal 

5 Government, or a non-Federal entity acting on 

6 behalf of the Federal Government, is conducting 

7 the query, search, or other analysis to discover or 

8 locate a predictive pattern or anomaly indicative 

9 of terrorist or criminal activity on the part of 

10 any individual or individuals; and 

11 (B) the query, search, or other analysis does 

12 not use personal identifiers of a specific indi13 vidual, or inputs associated with a specific indi14 vidual or group of individuals, to retrieve infor15 mation from the database or databases. 

16 (2) DATABASE.—The term ‘‘database’’ does not 

17 include telephone directories, news reporting, infor18 mation publicly available to any member of the pub19 lic without payment of a fee, or databases of judicial 

20 and administrative opinions. 

21 (c) REPORTS ON DATA MINING ACTIVITIES BY FED22 ERAL AGENCIES.— 

23 (1) REQUIREMENT FOR REPORT.—The head of 

24 each department or agency of the Federal Government 

25 that is engaged in any activity to use or develop data 


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1 mining shall submit a report to Congress on all such 

2 activities of the department or agency under the juris3 diction of that official. The report shall be made 

4 available to the public, except for a classified annex 

5 described paragraph (2)(H). 

6 (2) CONTENT OF REPORT.—Each report sub7 mitted under paragraph (1) shall include, for each ac8 tivity to use or develop data mining, the following in9 formation: 

10 (A) A thorough description of the data min11 ing activity, its goals, and, where appropriate, 

12 the target dates for the deployment of the data 

13 mining activity. 

14 (B) A thorough description of the data min15 ing technology that is being used or will be used, 

16 including the basis for determining whether a 

17 particular pattern or anomaly is indicative of 

18 terrorist or criminal activity. 

19 (C) A thorough description of the data 

20 sources that are being or will be used. 

21 (D) An assessment of the efficacy or likely 

22 efficacy of the data mining activity in providing 

23 accurate information consistent with and valu24 able to the stated goals and plans for the use or 

25 development of the data mining activity. 


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1 (E) An assessment of the impact or likely 

2 impact of the implementation of the data mining 

3 activity on the privacy and civil liberties of in4 dividuals, including a thorough description of 

5 the actions that are being taken or will be taken 

6 with regard to the property, privacy, or other 

7 rights or privileges of any individual or individ8 uals as a result of the implementation of the 

9 data mining activity. 

10 (F) A list and analysis of the laws and reg11 ulations that govern the information being or to 

12 be collected, reviewed, gathered, analyzed, or used 

13 with the data mining activity. 

14 (G) A thorough discussion of the policies, 

15 procedures, and guidelines that are in place or 

16 that are to be developed and applied in the use 

17 of such technology for data mining in order to— 

18 (i) protect the privacy and due process 

19 rights of individuals, such as redress proce20 dures; and 

21 (ii) ensure that only accurate informa22 tion is collected, reviewed, gathered, ana23 lyzed, or used. 

24 (H) Any necessary classified information in 

25 an annex that shall be available, as appropriate, 


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1 to the Committee on Homeland Security and 

2 Governmental Affairs, the Committee on the Ju3 diciary, the Select Committee on Intelligence, 

4 and the Committee on Appropriations of the 

5 Senate and the Committee on Homeland Secu6 rity, the Committee on the Judiciary, the Perma7 nent Select Committee on Intelligence, and the 

8 Committee on Appropriations of the House of 

9 Representatives. 

10 (3) TIME FOR REPORT.—Each report required 

11 under paragraph (1) shall be— 

12 (A) submitted not later than 180 days after 

13 the date of enactment of this Act; and 

14 (B) updated not less frequently than annu15 ally thereafter, to include any activity to use or 

16 develop data mining engaged in after the date of 

17 the prior report submitted under paragraph (1). 

18 TITLE VI—ENHANCED DEFENSES 

19 AGAINST WEAPONS OF MASS 

20 DESTRUCTION 

21 SEC. 601. NATIONAL BIOSURVEILLANCE INTEGRATION CEN22 TER. 

23 (a) IN GENERAL.—Title III of the Homeland Security 

24 Act of 2002 (6 U.S.C. et seq.) is amended by adding at 

25 the end the following: 


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1 ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION 

2 CENTER. 

3 ‘‘(a) DEFINITIONS.—In this section— 

4 ‘‘(1) the term ‘biological event of national sig5 nificance’ means— 

6 ‘‘(A) an act of terrorism that uses a biologi7 cal agent, toxin, or other product derived from a 

8 biological agent; or 

9 ‘‘(B) a naturally-occurring outbreak of an 

10 infectious disease that may result in a national 

11 epidemic; 

12 ‘‘(2) the term ‘Member Agencies’ means the de13 partments and agencies described in subsection (d)(1); 

14 ‘‘(3) the term ‘NBIC’ means the National Bio15 surveillance Integration Center established under sub16 section (b); 

17 ‘‘(4) the term ‘NBIS’ means the National Bio18 surveillance Integration System established under 

19 subsection (b); and 

20 ‘‘(5) the term ‘Privacy Officer’ means the Pri21 vacy Officer appointed under section 222. 

22 ‘‘(b) ESTABLISHMENT.—The Secretary shall establish, 

23 operate, and maintain a National Biosurveillance Integra24 tion Center, headed by a Directing Officer, under an exist25 ing office or directorate of the Department, subject to the 

26 availability of appropriations, to oversee development and 


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1 operation of the National Biosurveillance Integration Sys2 tem. 

3 ‘‘(c) PRIMARY MISSION.—The primary mission of the 

4 NBIC is to enhance the capability of the Federal Govern5 ment to— 

6 ‘‘(1) rapidly identify, characterize, localize, and 

7 track a biological event of national significance by in8 tegrating and analyzing data from human health, 

9 animal, plant, food, and environmental monitoring 

10 systems (both national and international); and 

11 ‘‘(2) disseminate alerts and other information re12 garding such data analysis to Member Agencies and, 

13 in consultation with relevant member agencies, to 

14 agencies of State, local, and tribal governments, as 

15 appropriate, to enhance the ability of such agencies to 

16 respond to a biological event of national significance. 

17 ‘‘(d) REQUIREMENTS.—The NBIC shall design the 

18 NBIS to detect, as early as possible, a biological event of 

19 national significance that presents a risk to the United 

20 States or the infrastructure or key assets of the United 

21 States, including— 

22 ‘‘(1) if a Federal department or agency, at the 

23 discretion of the head of that department or agency, 

24 has entered a memorandum of understanding regard25 ing participation in the NBIC, consolidating data 


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1 from all relevant surveillance systems maintained by 

2 that department or agency to detect biological events 

3 of national significance across human, animal, and 

4 plant species; 

5 ‘‘(2) seeking private sources of surveillance, both 

6 foreign and domestic, when such sources would en7 hance coverage of critical surveillance gaps; 

8 ‘‘(3) using an information technology system 

9 that uses the best available statistical and other ana10 lytical tools to identify and characterize biological 

11 events of national significance in as close to real-time 

12 as is practicable; 

13 ‘‘(4) providing the infrastructure for such inte14 gration, including information technology systems 

15 and space, and support for personnel from Member 

16 Agencies with sufficient expertise to enable analysis 

17 and interpretation of data; 

18 ‘‘(5) working with Member Agencies to create in19 formation technology systems that use the minimum 

20 amount of patient data necessary and consider pa21 tient confidentiality and privacy issues at all stages 

22 of development and apprise the Privacy Officer of 

23 such efforts; and 

24 ‘‘(6) alerting relevant Member Agencies and, in 

25 consultation with relevant Member Agencies, public 


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1 health agencies of State, local, and tribal governments 

2 regarding any incident that could develop into a bio3 logical event of national significance. 

4 ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.— 

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

6 ‘‘(A) ensure that the NBIC is fully oper7 ational not later than September 30, 2008; 

8 ‘‘(B) not later than 180 days after the date 

9 of enactment of this section and on the date that 

10 the NBIC is fully operational, submit a report to 

11 the Committee on Homeland Security and Gov12 ernmental Affairs of the Senate and the Com13 mittee on Homeland Security of the House of 

14 Representatives on the progress of making the 

15 NBIC operational addressing the efforts of the 

16 NBIC to integrate surveillance efforts of Federal, 

17 State, local, and tribal governments. 

18 ‘‘(f) RESPONSIBILITIES OF THE DIRECTING OFFICER

19 OF THE NBIC.— 

20 ‘‘(1) IN GENERAL.—The Directing Officer of the 

21 NBIC shall— 

22 ‘‘(A) establish an entity to perform all oper23 ations and assessments related to the NBIS; 

24 ‘‘(B) on an ongoing basis, monitor the 

25 availability and appropriateness of contributing 


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1 surveillance systems and solicit new surveillance 

2 systems that would enhance biological situational 

3 awareness or overall performance of the NBIS; 

4 ‘‘(C) on an ongoing basis, review and seek 

5 to improve the statistical and other analytical 

6 methods utilized by the NBIS; 

7 ‘‘(D) receive and consider other relevant 

8 homeland security information, as appropriate; 

9 and 

10 ‘‘(E) provide technical assistance, as appro11 priate, to all Federal, regional, State, local, and 

12 tribal government entities and private sector en13 tities that contribute data relevant to the oper14 ation of the NBIS. 

15 ‘‘(2) ASSESSMENTS.—The Directing Officer of 

16 the NBIC shall— 

17 ‘‘(A) on an ongoing basis, evaluate available 

18 data for evidence of a biological event of national 

19 significance; and 

20 ‘‘(B) integrate homeland security informa21 tion with NBIS data to provide overall situa22 tional awareness and determine whether a bio23 logical event of national significance has oc24 curred. 

25 ‘‘(3) INFORMATION SHARING.— 


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1 ‘‘(A) IN GENERAL.—The Directing Officer of 

2 the NBIC shall— 

3 ‘‘(i) establish a method of real-time 

4 communication with the National Oper5 ations Center, to be known as the Biological 

6 Common Operating Picture; 

7 ‘‘(ii) in the event that a biological 

8 event of national significance is detected, 

9 notify the Secretary and disseminate results 

10 of NBIS assessments related to that biologi11 cal event of national significance to appro12 priate Federal response entities and, in con13 sultation with relevant member agencies, re14 gional, State, local, and tribal governmental 

15 response entities in a timely manner; 

16 ‘‘(iii) provide any report on NBIS as17 sessments to Member Agencies and, in con18 sultation with relevant member agencies, 

19 any affected regional, State, local, or tribal 

20 government, and any private sector entity 

21 considered appropriate that may enhance 

22 the mission of such Member Agencies, gov23 ernments, or entities or the ability of the 

24 Nation to respond to biological events of na25 tional significance; and 


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1 ‘‘(iv) share NBIS incident or situa2 tional awareness reports, and other relevant 

3 information, consistent with the informa4 tion sharing environment established under 

5 section 1016 of the Intelligence Reform and 

6 Terrorism Prevention Act of 2004 (6 U.S.C. 

7 485) and any policies, guidelines, proce8 dures, instructions, or standards established 

9 by the President or the program manager 

10 for the implementation and management of 

11 that environment. 

12 ‘‘(B) COORDINATION.—The Directing Offi13 cer of the NBIC shall implement the activities 

14 described in subparagraph (A) in coordination 

15 with the program manager for the information 

16 sharing environment of the Office of the Director 

17 of National Intelligence, the Under Secretary for 

18 Intelligence and Analysis, and other offices or 

19 agencies of the Federal Government, as appro20 priate. 

21 ‘‘(g) RESPONSIBILITIES OF THE NBIC MEMBER AGEN22 CIES.— 

23 ‘‘(1) IN GENERAL.—Each Member Agency 

24 shall— 


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1 ‘‘(A) use its best efforts to integrate bio2 surveillance information into the NBIS, with the 

3 goal of promoting information sharing between 

4 Federal, State, local, and tribal governments to 

5 detect biological events of national significance; 

6 ‘‘(B) participate in the formation and 

7 maintenance of the Biological Common Oper8 ating Picture to facilitate timely and accurate 

9 detection and reporting; 

10 ‘‘(C) connect the biosurveillance data sys11 tems of that Member Agency to the NBIC data 

12 system under mutually-agreed protocols that 

13 maintain patient confidentiality and privacy; 

14 ‘‘(D) participate in the formation of strat15 egy and policy for the operation of the NBIC 

16 and its information sharing; and 

17 ‘‘(E) provide personnel to the NBIC under 

18 an interagency personnel agreement and consider 

19 the qualifications of such personnel necessary to 

20 provide human, animal, and environmental data 

21 analysis and interpretation support to the 

22 NBIC. 

23 ‘‘(h) ADMINISTRATIVE AUTHORITIES.— 


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1 ‘‘(1) HIRING OF EXPERTS.—The Directing Offi2 cer of the NBIC shall hire individuals with the nec3 essary expertise to develop and operate the NBIS. 

4 ‘‘(2) DETAIL OF PERSONNEL.—Upon the request 

5 of the Directing Officer of the NBIC, the head of any 

6 Federal department or agency may detail, on a reim7 bursable basis, any of the personnel of that depart8 ment or agency to the Department to assist the NBIC 

9 in carrying out this section. 

10 ‘‘(i) JOINT BIOSURVEILLANCE LEADERSHIP COUN11 CIL.—The Directing Officer of the NBIC shall— 

12 ‘‘(1) establish an interagency coordination coun13 cil to facilitate interagency cooperation and to advise 

14 the Directing Officer of the NBIC regarding rec15 ommendations to enhance the biosurveillance capa16 bilities of the Department; and 

17 ‘‘(2) invite Member Agencies to serve on such 

18 council. 

19 ‘‘(j) RELATIONSHIP TO OTHER DEPARTMENTS AND

20 AGENCIES.—The authority of the Directing Officer of the 

21 NBIC under this section shall not affect any authority or 

22 responsibility of any other department or agency of the Fed23 eral Government with respect to biosurveillance activities 

24 under any program administered by that department or 

25 agency. 


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1 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out this section.’’. 

4 (b) CONFORMING AMENDMENT.—The table of contents 

5 in section 1(b) of the Homeland Security Act of 2002 (6 

6 U.S.C. 101 et seq.) is amended by inserting after the item 

7 relating to section 315 the following: 

‘‘Sec. 316. National Biosurveillance Integration Center.’’. 

8 SEC. 602. BIOSURVEILLANCE EFFORTS. 

9 The Comptroller General of the United States shall 

10 submit a report to Congress describing— 

11 (1) the state of Federal, State, local, and tribal 

12 government biosurveillance efforts as of the date of 

13 such report; 

14 (2) any duplication of effort at the Federal, 

15 State, local, or tribal government level to create bio16 surveillance systems; and 

17 (3) the integration of biosurveillance systems to 

18 allow the maximizing of biosurveillance resources and 

19 the expertise of Federal, State, local, and tribal gov20 ernments to benefit public health. 


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1 SEC. 603. INTERAGENCY COORDINATION TO ENHANCE DE2 FENSES AGAINST NUCLEAR AND RADIO3 LOGICAL WEAPONS OF MASS DESTRUCTION. 

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

5 2002 is amended by adding after section 1906, as redesig6 nated by section 203 of this Act, the following: 

7 ‘‘SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL NUCLEAR 

8 DETECTION ARCHITECTURE. 

9 ‘‘(a) ANNUAL REVIEW.— 

10 ‘‘(1) IN GENERAL.—The Secretary, the Attorney 

11 General, the Secretary of State, the Secretary of De12 fense, the Secretary of Energy, and the Director of 

13 National Intelligence shall jointly ensure interagency 

14 coordination on the development and implementation 

15 of the global nuclear detection architecture by ensur16 ing that, not less frequently than once each year— 

17 ‘‘(A) each relevant agency, office, or enti18 ty— 

19 ‘‘(i) assesses its involvement, support, 

20 and participation in the development, revi21 sion, and implementation of the global nu22 clear detection architecture; 

23 ‘‘(ii) examines and evaluates compo24 nents of the global nuclear detection archi25 tecture (including associated strategies and 

26 acquisition plans) that are related to the 


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1 operations of that agency, office, or entity, 

2 to determine whether such components in3 corporate and address current threat assess4 ments, scenarios, or intelligence analyses de5 veloped by the Director of National Intel6 ligence or other agencies regarding threats 

7 related to nuclear or radiological weapons 

8 of mass destruction; and 

9 ‘‘(B) each agency, office, or entity deploying 

10 or operating any technology acquired by the Of11 fice— 

12 ‘‘(i) evaluates the deployment and op13 eration of that technology by that agency, 

14 office, or entity; 

15 ‘‘(ii) identifies detection performance 

16 deficiencies and operational or technical de17 ficiencies in that technology; and 

18 ‘‘(iii) assesses the capacity of that 

19 agency, office, or entity to implement the re20 sponsibilities of that agency, office, or entity 

21 under the global nuclear detection architec22 ture. 

23 ‘‘(2) TECHNOLOGY.—Not less frequently than 

24 once each year, the Secretary shall examine and 


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1 evaluate the development, assessment, and acquisition 

2 of technology by the Office. 

3 ‘‘(b) ANNUAL REPORT.— 

4 ‘‘(1) IN GENERAL.—Not later than March 31 of 

5 each year, the Secretary, in coordination with the At6 torney General, the Secretary of State, the Secretary 

7 of Defense, the Secretary of Energy, and the Director 

8 of National Intelligence, shall submit a report regard9 ing the compliance of such officials with this section 

10 and the results of the reviews required under sub11 section (a) to— 

12 ‘‘(A) the President; 

13 ‘‘(B) the Committee on Appropriations, the 

14 Committee on Armed Services, and the Com15 mittee on Homeland Security and Governmental 

16 Affairs of the Senate; and 

17 ‘‘(C) the Committee on Appropriations, the 

18 Committee on Armed Services, and the Com19 mittee on Homeland Security of the House of 

20 Representatives. 

21 ‘‘(2) FORM.—Each report submitted under para22 graph (1) shall be submitted in unclassified form to 

23 the maximum extent practicable, but may include a 

24 classified annex. 


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1 ‘‘(c) DEFINITION.—In this section, the term ‘global nu2 clear detection architecture’ means the global nuclear detec3 tion architecture developed under section 1902.’’. 

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

5 table of contents in section 1(b) of the Homeland Security 

6 Act of 2002 (6 U.S.C. 101 note) is amended by inserting 

7 after the item relating to section 1906, as added by section 

8 203 of this Act, the following: 

‘‘Sec. 1907. Joint annual review of global nuclear detection architecture.’’. 

9 TITLE VII—PRIVATE SECTOR 

10 PREPAREDNESS 

11 SEC. 701. DEFINITIONS. 

12 (a) IN GENERAL.—In this title, the term ‘‘voluntary 

13 national preparedness standards’’ has the meaning given 

14 that term in section 2 of the Homeland Security Act of 2002 

15 (6 U.S.C. 101), as amended by this Act. 

16 (b) HOMELAND SECURITY ACT OF 2002.—Section 2 of 

17 the Homeland Security Act of 2002 (6 U.S.C. 101) is 

18 amended by adding at the end the following: 

19 ‘‘(17) The term ‘voluntary national preparedness 

20 standards’ means a common set of criteria for pre21 paredness, disaster management, emergency manage22 ment, and business continuity programs, such as the 

23 American National Standards Institute’s National 

24 Fire Protection Association Standard on Disaster/ 


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1 Emergency Management and Business Continuity 

2 Programs (ANSI/NFPA 1600).’’. 

3 SEC. 702. RESPONSIBILITIES OF THE PRIVATE SECTOR OF4 FICE OF THE DEPARTMENT. 

5 (a) IN GENERAL.—Section 102(f) of the Homeland Se6 curity Act of 2002 (6 U.S.C. 112(f)) is amended— 

7 (1) by redesignating paragraphs (8) through (10) 

8 as paragraphs (9) through (11), respectively; and 

9 (2) by inserting after paragraph (7) the fol10 lowing: 

11 ‘‘(8) providing information to the private sector 

12 regarding voluntary national preparedness standards 

13 and the business justification for preparedness and 

14 promoting to the private sector the adoption of vol15 untary national preparedness standards;’’. 

16 (b) PRIVATE SECTOR ADVISORY COUNCILS.—Section 

17 102(f)(4) of the Homeland Security Act of 2002 (6 U.S.C. 

18 112(f)(4)) is amended— 

19 (1) in subparagraph (A), by striking ‘‘and’’ at 

20 the end; 

21 (2) in subparagraph (B), by adding ‘‘and’’ at 

22 the end; and 

23 (3) by adding at the end the following: 


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1 ‘‘(C) advise the Secretary on private sector 

2 preparedness issues, including effective methods 

3 for— 

4 ‘‘(i) promoting voluntary national pre5 paredness standards to the private sector; 

6 ‘‘(ii) assisting the private sector in 

7 adopting voluntary national preparedness 

8 standards; and 

9 ‘‘(iii) developing and implementing the 

10 accreditation and certification program 

11 under section 522;’’. 

12 SEC. 703. VOLUNTARY NATIONAL PREPAREDNESS STAND13 ARDS COMPLIANCE; ACCREDITATION AND 

14 CERTIFICATION PROGRAM FOR THE PRIVATE 

15 SECTOR. 

16 (a) IN GENERAL.—Title V of the Homeland Security 

17 Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 

18 at the end the following: 

19 ‘‘SEC. 522. VOLUNTARY NATIONAL PREPAREDNESS STAND20 ARDS COMPLIANCE; ACCREDITATION AND 

21 CERTIFICATION PROGRAM FOR THE PRIVATE 

22 SECTOR. 

23 ‘‘(a) ACCREDITATION AND CERTIFICATION PRO24 GRAM.—Not later than 120 days after the date of enactment 

25 of this section, the Secretary, in consultation with repVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00188 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 resentatives of the organizations that coordinate or facili2 tate the development of and use of voluntary consensus 

3 standards, appropriate voluntary consensus standards de4 velopment organizations, and each private sector advisory 

5 council created under section 102(f)(4), shall— 

6 ‘‘(1) support the development, promulgating, and 

7 updating, as necessary, of voluntary national pre8 paredness standards; and 

9 ‘‘(2) develop, implement, and promote a program 

10 to certify the preparedness of private sector entities. 

11 ‘‘(b) PROGRAM ELEMENTS.— 

12 ‘‘(1) IN GENERAL.— 

13 ‘‘(A) PROGRAM.—The program developed 

14 and implemented under this section shall assess 

15 whether a private sector entity complies with 

16 voluntary national preparedness standards. 

17 ‘‘(B) GUIDELINES.—In developing the pro18 gram under this section, the Secretary shall de19 velop guidelines for the accreditation and certifi20 cation processes established under this section. 

21 ‘‘(2) STANDARDS.—The Secretary, in consulta22 tion with the American National Standards Institute 

23 and representatives of appropriate voluntary con24 sensus standards development organizations and each 


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1 private sector advisory council created under section 

2 102(f)(4)— 

3 ‘‘(A) shall adopt appropriate voluntary na4 tional preparedness standards that promote pre5 paredness, which shall be used in the accredita6 tion and certification program under this sec7 tion; and 

8 ‘‘(B) after the adoption of standards under 

9 subparagraph (A), may adopt additional vol10 untary national preparedness standards or mod11 ify or discontinue the use of voluntary national 

12 preparedness standards for the accreditation and 

13 certification program, as necessary and appro14 priate to promote preparedness. 

15 ‘‘(3) TIERING.—The certification program devel16 oped under this section may use a multiple-tiered sys17 tem to rate the preparedness of a private sector entity. 

18 ‘‘(4) SMALL BUSINESS CONCERNS.—The Sec19 retary and any selected entity shall establish separate 

20 classifications and methods of certification for small 

21 business concerns (as that term is defined in section 

22 3 of the Small Business Act (15 U.S.C. 632)) for the 

23 program under this section. 


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1 ‘‘(5) CONSIDERATIONS.—In developing and im2 plementing the program under this section, the Sec3 retary shall— 

4 ‘‘(A) consider the needs of the insurance in5 dustry, the credit-ratings industry, and other in6 dustries that may consider preparedness of pri7 vate sector entities, to assess the preparedness of 

8 private sector entities; and 

9 ‘‘(B) ensure the program accommodates 

10 those needs where appropriate and feasible. 

11 ‘‘(c) ACCREDITATION AND CERTIFICATION PROC12 ESSES.— 

13 ‘‘(1) AGREEMENT.— 

14 ‘‘(A) IN GENERAL.—Not later than 120 

15 days after the date of enactment of this section, 

16 the Secretary shall enter into 1 or more agree17 ments with the American National Standards 

18 Institute or other similarly qualified nongovern19 mental or other private sector entities to carry 

20 out accreditations and oversee the certification 

21 process under this section. 

22 ‘‘(B) CONTENTS.—Any selected entity shall 

23 manage the accreditation process and oversee the 

24 certification process in accordance with the pro25 gram established under this section and accredit 


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1 qualified third parties to carry out the certifi2 cation program established under this section. 

3 ‘‘(2) PROCEDURES AND REQUIREMENTS FOR AC4 CREDITATION AND CERTIFICATION.— 

5 ‘‘(A) IN GENERAL.—The selected entities 

6 shall collaborate to develop procedures and re7 quirements for the accreditation and certification 

8 processes under this section, in accordance with 

9 the program established under this section and 

10 guidelines developed under subsection (b)(1)(B). 

11 ‘‘(B) CONTENTS AND USE.—The procedures 

12 and requirements developed under subparagraph 

13 (A) shall— 

14 ‘‘(i) ensure reasonable uniformity in 

15 the accreditation and certification processes 

16 if there is more than 1 selected entity; and 

17 ‘‘(ii) be used by any selected entity in 

18 conducting accreditations and overseeing 

19 the certification process under this section. 

20 ‘‘(C) DISAGREEMENT.—Any disagreement 

21 among selected entities in developing procedures 

22 under subparagraph (A) shall be resolved by the 

23 Secretary. 


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1 ‘‘(3) DESIGNATION.—A selected entity may ac2 credit any qualified third party to carry out the cer3 tification process under this section. 

4 ‘‘(4) THIRD PARTIES.—To be accredited under 

5 paragraph (3), a third party shall— 

6 ‘‘(A) demonstrate that the third party has 

7 the ability to certify private sector entities in ac8 cordance with the procedures and requirements 

9 developed under paragraph (2); 

10 ‘‘(B) agree to perform certifications in ac11 cordance with such procedures and requirements; 

12 ‘‘(C) agree not to have any beneficial inter13 est in or any direct or indirect control over— 

14 ‘‘(i) a private sector entity for which 

15 that third party conducts a certification 

16 under this section; or 

17 ‘‘(ii) any organization that provides 

18 preparedness consulting services to private 

19 sector entities; 

20 ‘‘(D) agree not to have any other conflict of 

21 interest with respect to any private sector entity 

22 for which that third party conducts a certifi23 cation under this section; 


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1 ‘‘(E) maintain liability insurance coverage 

2 at policy limits in accordance with the require3 ments developed under paragraph (2); and 

4 ‘‘(F) enter into an agreement with the se5 lected entity accrediting that third party to pro6 tect any proprietary information of a private 

7 sector entity obtained under this section. 

8 ‘‘(5) MONITORING.— 

9 ‘‘(A) IN GENERAL.—The Secretary and any 

10 selected entity shall regularly monitor and in11 spect the operations of any third party con12 ducting certifications under this section to en13 sure that third party is complying with the pro14 cedures and requirements established under 

15 paragraph (2) and all other applicable require16 ments. 

17 ‘‘(B) REVOCATION.—If the Secretary or any 

18 selected entity determines that a third party is 

19 not meeting the procedures or requirements es20 tablished under paragraph (2), the appropriate 

21 selected entity shall— 

22 ‘‘(i) revoke the accreditation of that 

23 third party to conduct certifications under 

24 this section; and 


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1 ‘‘(ii) review any certification con2 ducted by that third party, as necessary 

3 and appropriate. 

4 ‘‘(d) ANNUAL REVIEW.— 

5 ‘‘(1) IN GENERAL.—The Secretary, in consulta6 tion with representatives of the organizations that co7 ordinate or facilitate the development of and use of 

8 voluntary consensus standards, appropriate voluntary 

9 consensus standards development organizations, and 

10 each private sector advisory council created under sec11 tion 102(f)(4), shall annually review the voluntary 

12 accreditation and certification program established 

13 under this section to ensure the effectiveness of such 

14 program and make improvements and adjustments to 

15 the program as necessary and appropriate. 

16 ‘‘(2) REVIEW OF STANDARDS.—Each review 

17 under paragraph (1) shall include an assessment of 

18 the voluntary national preparedness standards used 

19 in the program under this section. 

20 ‘‘(e) VOLUNTARY PARTICIPATION.—Certification under 

21 this section shall be voluntary for any private sector entity. 

22 ‘‘(f) PUBLIC LISTING.—The Secretary shall maintain 

23 and make public a listing of any private sector entity cer24 tified as being in compliance with the program established 


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1 under this section, if that private sector entity consents to 

2 such listing. 

3 ‘‘(g) DEFINITION.—In this section, the term ‘selected 

4 entity’ means any entity entering an agreement with the 

5 Secretary under subsection (c)(1)(A).’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

7 table of contents in section 1(b) of the Homeland Security 

8 Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting 

9 after the item relating to section 521 the following: 

‘‘Sec. 522. Voluntary national preparedness standards compliance; accreditation 

and certification program for the private sector.’’. 

10 SEC. 704. SENSE OF CONGRESS REGARDING PROMOTING AN 

11 INTERNATIONAL STANDARD FOR PRIVATE 

12 SECTOR PREPAREDNESS. 

13 It is the sense of Congress that the Secretary or any 

14 entity designated under section 522(c)(1)(A) of the Home15 land Security Act of 2002, as added by this Act, should 

16 promote, where appropriate, efforts to develop a consistent 

17 international standard for private sector preparedness. 

18 SEC. 705. REPORT TO CONGRESS. 

19 Not later than 180 days after the date of enactment 

20 of this Act, the Secretary shall submit to the Committee on 

21 Homeland Security and Governmental Affairs of the Senate 

22 and the Committee on Homeland Security of the House of 

23 Representatives a report detailing— 


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1 (1) any action taken to implement this title or 

2 an amendment made by this title; and 

3 (2) the status, as of the date of that report, of the 

4 implementation of this title and the amendments 

5 made by this title. 

6 SEC. 706. RULE OF CONSTRUCTION. 

7 Nothing in this title may be construed to supercede 

8 any preparedness or business continuity standards or re9 quirements established under any other provision of Federal 

10 law. 

11 TITLE VIII—TRANSPORTATION 

12 SECURITY PLANNING AND IN13 FORMATION SHARING 

14 SEC. 801. TRANSPORTATION SECURITY STRATEGIC PLAN15 NING. 

16 (a) IN GENERAL.—Section 114(t)(1)(B) of title 49, 

17 United States Code, is amended to read as follows: 

18 ‘‘(B) transportation modal and intermodal 

19 security plans addressing risks, threats, and 

20 vulnerabilities for aviation, bridge, tunnel, com21 muter rail and ferry, highway, maritime, pipe22 line, rail, mass transit, over-the-road bus, and 

23 other public transportation infrastructure as24 sets.’’. 


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1 (b) CONTENTS OF THE NATIONAL STRATEGY FOR

2 TRANSPORTATION SECURITY.—Section 114(t)(3) of such 

3 title is amended— 

4 (1) in subparagraph (B), by inserting ‘‘, based 

5 on risk assessments conducted by the Secretary of 

6 Homeland Security,’’ after ‘‘risk based priorities’’; 

7 (2) in subparagraph (D)— 

8 (A) by striking ‘‘and local’’ and inserting ‘‘, 

9 local, and tribal’’; and 

10 (B) by striking ‘‘private sector cooperation 

11 and participation’’ and inserting ‘‘cooperation 

12 and participation by private sector entities and 

13 nonprofit employee labor organizations’’; 

14 (3) in subparagraph (E)— 

15 (A) by striking ‘‘response’’ and inserting 

16 ‘‘prevention, response,’’; and 

17 (B) by inserting ‘‘and threatened and exe18 cuted acts of terrorism outside the United States 

19 to the extent such acts affect United States trans20 portation systems’’ before the period at the end; 

21 (4) in subparagraph (F), by adding at the end 

22 the following: ‘‘Transportation security research and 

23 development projects initiated by the Secretary of 

24 Homeland Security shall be based on such 

25 prioritization.’’; and 


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

2 ‘‘(G) Short- and long-term budget rec3 ommendations for Federal transportation secu4 rity programs, which reflect the priorities of the 

5 National Strategy for Transportation Security. 

6 ‘‘(H) Methods for linking the individual 

7 transportation modal security plans and the pro8 grams contained therein, and a plan for address9 ing the security needs of intermodal transpor10 tation hubs. 

11 ‘‘(I) Transportation security modal and 

12 intermodal plans, including operational recovery 

13 plans to expedite, to the maximum extent prac14 ticable, the return of an adversely affected trans15 portation system to its normal performance level 

16 preceding a major terrorist attack on that system 

17 or another catastrophe. These plans shall be co18 ordinated with the resumption of trade protocols 

19 required under section 202 of the SAFE Port Act 

20 (6 U.S.C. 942).’’. 

21 (c) PERIODIC PROGRESS REPORTS.—Section 114(t)(4) 

22 of such title is amended— 

23 (1) in subparagraph (C)— 


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1 (A) in clause (i), by inserting ‘‘, including 

2 the transportation modal security plans’’ before 

3 the period at the end; and 

4 (B) by striking clause (ii) and inserting the 

5 following: 

6 ‘‘(ii) CONTENT.—Each progress report 

7 submitted under this subparagraph shall in8 clude the following: 

9 ‘‘(I) Recommendations for im10 proving and implementing the Na11 tional Strategy for Transportation Se12 curity and the transportation modal 

13 and intermodal security plans that the 

14 Secretary of Homeland Security, in 

15 consultation with the Secretary of 

16 Transportation, considers appropriate. 

17 ‘‘(II) An accounting of all grants 

18 for transportation security, including 

19 grants for research and development, 

20 distributed by the Secretary of Home21 land Security in the most recently con22 cluded fiscal year and a description of 

23 how such grants accomplished the goals 

24 of the National Strategy for Transpor25 tation Security. 


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1 ‘‘(III) An accounting of all— 

2 ‘‘(aa) funds requested in the 

3 President’s budget submitted pur4 suant to section 1105 of title 31 

5 for the most recently concluded 

6 fiscal year for transportation se7 curity, by mode; and 

8 ‘‘(bb) personnel working on 

9 transportation security issues, in10 cluding the number of contractors. 

11 ‘‘(iii) WRITTEN EXPLANATION OF

12 TRANSPORTATION SECURITY ACTIVITIES NOT

13 DELINEATED IN THE NATIONAL STRATEGY

14 FOR TRANSPORTATION SECURITY.—At the 

15 end of each year, the Secretary of Homeland 

16 Security shall submit to the appropriate 

17 congressional committees a written expla18 nation of any activity inconsistent with, or 

19 not clearly delineated in, the National 

20 Strategy for Transportation Security, in21 cluding the amount of funds to be expended 

22 for the activity.’’; and 

23 (2) in subparagraph (E), by striking ‘‘Select’’. 

24 (d) PRIORITY STATUS.—Section 114(t)(5)(B) of such 

25 title is amended— 


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1 (1) in clause (iii), by striking ‘‘and’’ at the end; 

2 (2) by redesignating clause (iv) as clause (v); 

3 and 

4 (3) by inserting after clause (iii) the following: 

5 ‘‘(iv) the transportation sector specific 

6 plan required under Homeland Security 

7 Presidential Directive-7; and’’. 

8 (e) COORDINATION AND PLAN DISTRIBUTION.—Section 

9 114(t) of such title is amended by adding at the end the 

10 following: 

11 ‘‘(6) COORDINATION.—In carrying out the re12 sponsibilities under this section, the Secretary of 

13 Homeland Security, in consultation with the Sec14 retary of Transportation, shall consult with Federal, 

15 State, and local agencies, tribal governments, private 

16 sector entities (including nonprofit employee labor or17 ganizations), institutions of higher learning, and 

18 other appropriate entities. 

19 ‘‘(7) PLAN DISTRIBUTION.—The Secretary of 

20 Homeland Security shall provide an unclassified 

21 version of the National Strategy for Transportation 

22 Security, including its component transportation 

23 modal security plans, to Federal, State, regional, 

24 local and tribal authorities, transportation system 

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1 cluding non-profit employee labor organizations), in2 stitutions of higher learning, and other appropriate 

3 entities.’’. 

4 SEC. 802. TRANSPORTATION SECURITY INFORMATION 

5 SHARING. 

6 (a) IN GENERAL.—Section 114 of title 49, United 

7 States Code, is amended by adding at the end the following: 

8 ‘‘(u) TRANSPORTATION SECURITY INFORMATION

9 SHARING PLAN.— 

10 ‘‘(1) ESTABLISHMENT OF PLAN.—The Secretary 

11 of Homeland Security, in consultation with the pro12 gram manager of the information sharing environ13 ment established under section 1016 of the Intelligence 

14 Reform and Terrorism Prevention Act of 2004 (6 

15 U.S.C. 485), the Secretary of Transportation, and 

16 public and private stakeholders, shall establish a 

17 Transportation Security Information Sharing Plan. 

18 ‘‘(2) PURPOSE OF PLAN.—The Plan shall pro19 mote sharing of transportation security information 

20 between the Department of Homeland Security and 

21 public and private stakeholders. 

22 ‘‘(3) CONTENT OF PLAN.—The Plan shall in23 clude— 

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1 rity will coordinate their activities within the 

2 Department and with other Federal, State, and 

3 local agencies, and tribal governments; 

4 ‘‘(B) an assignment of a single point of con5 tact for and within the Department of Homeland 

6 Security for its sharing of transportation secu7 rity information with public and private stake8 holders; 

9 ‘‘(C) a demonstration of input on the devel10 opment of the Plan from private and public 

11 stakeholders and the program manager of the in12 formation sharing environment established under 

13 section 1016 of the Intelligence Reform and Ter14 rorism Prevention Act of 2004 (6 U.S.C. 485); 

15 ‘‘(D) a reasonable deadline by which the 

16 Plan will be implemented; and 

17 ‘‘(E) a description of resource needs for ful18 filling the Plan. 

19 ‘‘(4) COORDINATION WITH THE INFORMATION

20 SHARING ENVIRONMENT.—The Plan shall be— 

21 ‘‘(A) implemented in coordination with the 

22 program manager for the information sharing 

23 environment established under section 1016 of 

24 the Intelligence Reform and Terrorism Preven25 tion Act of 2004 (6 U.S.C. 485); and 


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1 ‘‘(B) consistent with and support the estab2 lishment of that environment, and any policies, 

3 guidelines, procedures, instructions, or standards 

4 established by the President or the program man5 ager for the implementation and management of 

6 that environment. 

7 ‘‘(5) REPORTS TO CONGRESS.— 

8 ‘‘(A) IN GENERAL.—Not later than 180 

9 days after the date of enactment of this sub10 section, the Secretary shall submit to the appro11 priate congressional committees a report con12 taining the Plan. 

13 ‘‘(B) ANNUAL REPORT.—Not later than 1 

14 year after the date of enactment of this sub15 section, the Secretary shall submit to the appro16 priate congressional committees an annual re17 port on updates to and the implementation of the 

18 Plan. 

19 ‘‘(6) SURVEY.— 

20 ‘‘(A) IN GENERAL.—The Secretary shall 

21 conduct an annual survey of the satisfaction of 

22 each of the recipients of transportation intel23 ligence reports disseminated under the Plan, and 

24 include the results of the survey as part of the 


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1 annual report to be submitted under paragraph 

2 (5)(B). 

3 ‘‘(B) INFORMATION SOUGHT.—The annual 

4 survey conducted under subparagraph (A) shall 

5 seek information about the quality, speed, regu6 larity, and classification of the transportation 

7 security information products disseminated from 

8 the Department of Homeland Security to public 

9 and private stakeholders. 

10 ‘‘(7) SECURITY CLEARANCES.—The Secretary, to 

11 the greatest extent practicable, shall facilitate the se12 curity clearances needed for public and private stake13 holders to receive and obtain access to classified infor14 mation as appropriate. 

15 ‘‘(8) CLASSIFICATION OF MATERIAL.—The Sec16 retary, to the greatest extent practicable, shall provide 

17 public and private stakeholders with specific and ac18 tionable information in an unclassified format. 

19 ‘‘(9) DEFINITIONS.—In this subsection: 

20 ‘‘(A) APPROPRIATE CONGRESSIONAL COM21 MITTEES.—The term ‘appropriate congressional 

22 committees’ has the meaning given that term in 

23 subsection (t). 


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1 ‘‘(B) PLAN.—The term ‘Plan’ means the 

2 Transportation Security Information Sharing 

3 Plan established under paragraph (1). 

4 ‘‘(C) PUBLIC AND PRIVATE STAKE5 HOLDERS.—The term ‘public and private stake6 holders’ means Federal, State, and local agencies, 

7 tribal governments, and appropriate private en8 tities, including nonprofit employee labor orga9 nizations. 

10 ‘‘(D) SECRETARY.—The term ‘Secretary’ 

11 means the Secretary of Homeland Security. 

12 ‘‘(E) TRANSPORTATION SECURITY INFORMA13 TION.—The term ‘transportation security infor14 mation’ means information relating to the 

15 threats to and vulnerabilities and consequences of 

16 transportation modes, including aviation, bridge 

17 and tunnel, mass transit, passenger and freight 

18 rail, ferry, highway, maritime, pipeline, and 

19 over-the-road bus transportation.’’. 

20 (b) CONGRESSIONAL OVERSIGHT OF SECURITY ASSUR21 ANCE FOR PUBLIC AND PRIVATE STAKEHOLDERS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), the Secretary shall provide a semiannual 

24 report to the Committee on Homeland Security and 

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1 merce, Science, and Transportation of the Senate and 

2 the Committee on Homeland Security and the Com3 mittee on Transportation and Infrastructure of the 

4 House of Representatives that— 

5 (A) identifies the job titles and descriptions 

6 of the persons with whom such information is to 

7 be shared under the transportation security in8 formation sharing plan established under section 

9 114(u) of title 49, United States Code, as added 

10 by this Act, and explains the reason for sharing 

11 the information with such persons; 

12 (B) describes the measures the Secretary has 

13 taken, under section 114(u)(7) of that title, or 

14 otherwise, to ensure proper treatment and secu15 rity for any classified information to be shared 

16 with the public and private stakeholders under 

17 the plan; and 

18 (C) explains the reason for the denial of 

19 transportation security information to any 

20 stakeholder who had previously received such in21 formation. 

22 (2) NO REPORT REQUIRED IF NO CHANGES IN

23 STAKEHOLDERS.—The Secretary is not required to 

24 provide a semiannual report under paragraph (1) if 

25 no stakeholders have been added to or removed from 


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1 the group of persons with whom transportation secu2 rity information is shared under the plan since the 

3 end of the period covered by the last preceding semi4 annual report. 

5 SEC. 803. TRANSPORTATION SECURITY ADMINISTRATION 

6 PERSONNEL MANAGEMENT. 

7 (a) TSA EMPLOYEE DEFINED.—In this section, the 

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

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

10 incumbent of which was transferred) from the Trans11 portation Security Administration of the Department 

12 of Transportation to the Department by section 403 

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

14 or 

15 (2) any other position within the Department 

16 the duties and responsibilities of which include car17 rying out 1 or more of the functions that were trans18 ferred from the Transportation Security Administra19 tion of the Department of Transportation to the Sec20 retary by such section. 

21 (b) ELIMINATION OF CERTAIN PERSONNEL MANAGE22 MENT AUTHORITIES.—Effective 90 days after the date of 

23 enactment of this Act— 

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1 pealed and any authority of the Secretary derived 

2 from such section 111(d) shall terminate; 

3 (2) any personnel management system, to the ex4 tent established or modified under such section 111(d) 

5 (including by the Secretary through the exercise of 

6 any authority derived from such section 111(d)) shall 

7 terminate; and 

8 (3) the Secretary shall ensure that all TSA em9 ployees are subject to the same personnel management 

10 system as described in paragraph (1) or (2) of sub11 section (e). 

12 (c) ESTABLISHMENT OF CERTAIN UNIFORMITY RE13 QUIREMENTS.— 

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

15 Secretary shall, with respect to any personnel man16 agement system described in subsection (e)(1), take 

17 any measures which may be necessary to provide for 

18 the uniform treatment of all TSA employees under 

19 such system. 

20 (2) SYSTEM UNDER SUBSECTION (e)(2).—Section 

21 9701(b) of title 5, United States Code, is amended— 

22 (A) in paragraph (4), by striking ‘‘and’’ at 

23 the end; 

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

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


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1 (C) by adding at the end the following: 

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

3 TSA employees (as that term is defined in section 803 

4 of the Improving America’s Security Act of 2007).’’. 

5 (3) EFFECTIVE DATE.— 

6 (A) PROVISIONS RELATING TO A SYSTEM

7 UNDER SUBSECTION (e)(1).—Any measures nec8 essary to carry out paragraph (1) shall take ef9 fect 90 days after the date of enactment of this 

10 Act. 

11 (B) PROVISIONS RELATING TO A SYSTEM

12 UNDER SUBSECTION (e)(2).—Any measures nec13 essary to carry out the amendments made by 

14 paragraph (2) shall take effect on the later of 90 

15 days after the date of enactment of this Act and 

16 the commencement date of the system involved. 

17 (d) REPORT TO CONGRESS.— 

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

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

20 Comptroller General of the United States shall submit 

21 to the Committee on Homeland Security and Govern22 mental Affairs of the Senate and the Committee on 

23 Homeland Security of the House of Representatives a 

24 report on— 


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1 (A) the pay system that applies with respect 

2 to TSA employees as of the date of enactment of 

3 this Act; and 

4 (B) any changes to such system which 

5 would be made under any regulations which 

6 have been prescribed under chapter 97 of title 5, 

7 United States Code. 

8 (2) MATTERS FOR INCLUSION.—The report re9 quired under paragraph (1) shall include— 

10 (A) a brief description of each pay system 

11 described in paragraphs (1)(A) and (1)(B), re12 spectively; 

13 (B) a comparison of the relative advantages 

14 and disadvantages of each of those pay systems; 

15 and 

16 (C) such other matters as the Comptroller 

17 General determines appropriate. 

18 (e) PERSONNEL MANAGEMENT SYSTEM DESCRIBED.— 

19 A personnel management system described in this sub20 section is— 

21 (1) any personnel management system, to the ex22 tent that it applies with respect to any TSA employ23 ees under section 114(n) of title 49, United States 

24 Code; and 


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1 (2) any human resources management system, 

2 established under chapter 97 of title 5, United States 

3 Code. 

4 TITLE IX—INCIDENT COMMAND 

5 SYSTEM 

6 SEC. 901. PREIDENTIFYING AND EVALUATING MULTIJURIS7 DICTIONAL FACILITIES TO STRENGTHEN IN8 CIDENT COMMAND; PRIVATE SECTOR PRE9 PAREDNESS. 

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

11 2002 (6 U.S.C. 317(c)(2)) is amended— 

12 (1) in subparagraph (H), by striking ‘‘and’’ at 

13 the end; 

14 (2) by redesignating subparagraph (I) as sub15 paragraph (K); and 

16 (3) by inserting after subparagraph (H) the fol17 lowing: 

18 ‘‘(I) coordinating with the private sector to 

19 help ensure private sector preparedness for nat20 ural disasters, acts of terrorism, or other man21 made disasters; 

22 ‘‘(J) assisting State, local, or tribal govern23 ments, where appropriate, to preidentify and 

24 evaluate suitable sites where a multijuris25 dictional incident command system can be 


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1 quickly established and operated from, if the 

2 need for such a system arises; and’’. 

3 SEC. 902. CREDENTIALING AND TYPING TO STRENGTHEN 

4 INCIDENT COMMAND. 

5 (a) IN GENERAL.—Title V of the Homeland Security 

6 Act of 2002 (6 U.S.C. 331 et seq.) is amended— 

7 (1) by striking section 510 and inserting the fol8 lowing: 

9 ‘‘SEC. 510. CREDENTIALING AND TYPING. 

10 ‘‘(a) CREDENTIALING.— 

11 ‘‘(1) DEFINITIONS.—In this subsection— 

12 ‘‘(A) the term ‘credential’ means to provide 

13 documentation that can authenticate and verify 

14 the qualifications and identity of managers of 

15 incidents, emergency response providers, and 

16 other appropriate personnel, including by ensur17 ing that such personnel possess a minimum com18 mon level of training, experience, physical and 

19 medical fitness, and capability appropriate for 

20 their position; 

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1 fication under the standards developed under 

2 this subsection; and 

3 ‘‘(C) the term ‘credentialed’ means an indi4 vidual has been evaluated for a specific position 

5 under the guidelines created under this sub6 section. 

7 ‘‘(2) REQUIREMENTS.— 

8 ‘‘(A) IN GENERAL.—The Administrator 

9 shall enter into a memorandum of understanding 

10 with the administrators of the Emergency Man11 agement Assistance Compact, State, local, and 

12 tribal governments, emergency response pro13 viders, and the organizations that represent such 

14 providers, to collaborate on establishing nation15 wide standards for credentialing all personnel 

16 who are likely to respond to a natural disaster, 

17 act of terrorism, or other man-made disaster. 

18 ‘‘(B) CONTENTS.—The standards developed 

19 under subparagraph (A) shall— 

20 ‘‘(i) include the minimum professional 

21 qualifications, certifications, training, and 

22 education requirements for specific emer23 gency response functional positions that are 

24 applicable to Federal, State, local, and trib25 al government; 


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1 ‘‘(ii) be compatible with the National 

2 Incident Management System; and 

3 ‘‘(iii) be consistent with standards for 

4 advance registration for health professions 

5 volunteers under section 319I of the Public 

6 Health Services Act (42 U.S.C. 247d–7b). 

7 ‘‘(C) TIMEFRAME.—The Administrator shall 

8 develop standards under subparagraph (A) not 

9 later than 6 months after the date of enactment 

10 of the Improving America’s Security Act of 2007. 

11 ‘‘(3) CREDENTIALING OF DEPARTMENT PER12 SONNEL.— 

13 ‘‘(A) IN GENERAL.—Not later than 1 year 

14 after the date of enactment of the Improving 

15 America’s Security Act of 2007, the Secretary 

16 and the Administrator shall ensure that all per17 sonnel of the Department (including temporary 

18 personnel and individuals in the Surge Capacity 

19 Force established under section 624 of the Post20 Katrina Emergency Management Reform Act of 

21 2006 (6 U.S.C. 711)) who are likely to respond 

22 to a natural disaster, act of terrorism, or other 

23 man-made disaster are credentialed. 

24 ‘‘(B) STRATEGIC HUMAN CAPITAL PLAN.— 

25 Not later than 90 days after completion of the 


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1 credentialing under subparagraph (A), the Ad2 ministrator shall evaluate whether the workforce 

3 of the Agency complies with the strategic human 

4 capital plan of the Agency developed under sec5 tion 10102 of title 5, United States Code, and is 

6 sufficient to respond to a catastrophic incident. 

7 ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE

8 PLAN.— 

9 ‘‘(A) DISTRIBUTION OF STANDARDS.—Not 

10 later than 6 months after the date of enactment 

11 of the Improving America’s Security Act of 2007, 

12 the Administrator shall provide the standards 

13 developed under paragraph (2) to all Federal 

14 agencies that have responsibilities under the Na15 tional Response Plan. 

16 ‘‘(B) CREDENTIALING OF AGENCIES.—Not 

17 later than 6 months after the date on which the 

18 standards are provided under subparagraph (A), 

19 each agency described in subparagraph (A) 

20 shall— 

21 ‘‘(i) ensure that all employees or volun22 teers of that agency who are likely to re23 spond to a natural disaster, act of ter24 rorism, or other man-made disaster are 

25 credentialed; and 


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1 ‘‘(ii) submit to the Secretary the name 

2 of each credentialed employee or volunteer of 

3 such agency. 

4 ‘‘(C) LEADERSHIP.—The Administrator 

5 shall provide leadership, guidance, and technical 

6 assistance to an agency described in subpara7 graph (A) to facilitate the credentialing process 

8 of that agency. 

9 ‘‘(5) DOCUMENTATION AND DATABASE SYSTEM.— 

10 ‘‘(A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of the Improving 

12 America’s Security Act of 2007, the Adminis13 trator shall establish and maintain a docu14 mentation and database system of Federal emer15 gency response providers and all other Federal 

16 personnel credentialed to respond to a natural 

17 disaster, act of terrorism, or other man-made 

18 disaster. 

19 ‘‘(B) ACCESSIBILITY.—The documentation 

20 and database system established under subpara21 graph (1) shall be accessible to the Federal co22 ordinating officer and other appropriate officials 

23 preparing for or responding to a natural dis24 aster, act of terrorism, or other man-made dis25 aster. 


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1 ‘‘(C) CONSIDERATIONS.—The Administrator 

2 shall consider whether the credentialing system 

3 can be used to regulate access to areas affected by 

4 a natural disaster, act of terrorism, or other 

5 man-made disaster. 

6 ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN7 MENTS.—Not later than 6 months after the date of en8 actment of the Improving America’s Security Act of 

9 2007, the Administrator shall— 

10 ‘‘(A) in collaboration with the administra11 tors of the Emergency Management Assistance 

12 Compact, State, local, and tribal governments, 

13 emergency response providers, and the organiza14 tions that represent such providers, provide de15 tailed written guidance, assistance, and expertise 

16 to State, local, and tribal governments to facili17 tate the credentialing of State, local, and tribal 

18 emergency response providers commonly or likely 

19 to be used in responding to a natural disaster, 

20 act of terrorism, or other man-made disaster; 

21 and 

22 ‘‘(B) in coordination with the administra23 tors of the Emergency Management Assistance 

24 Compact, State, local, and tribal governments, 

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1 tions that represent such providers), and appro2 priate national professional organizations, assist 

3 State, local, and tribal governments with 

4 credentialing the personnel of the State, local, or 

5 tribal government under the guidance provided 

6 under subparagraph (A). 

7 ‘‘(7) REPORT.—Not later than 6 months after the 

8 date of enactment of the Improving America’s Secu9 rity Act of 2007, and annually thereafter, the Admin10 istrator shall submit to the Committee on Homeland 

11 Security and Governmental Affairs of the Senate and 

12 the Committee on Homeland Security of the House of 

13 Representatives a report describing the implementa14 tion of this subsection, including the number and level 

15 of qualification of Federal personnel trained and 

16 ready to respond to a natural disaster, act of ter17 rorism, or other man-made disaster. 

18 ‘‘(b) TYPING OF RESOURCES.— 

19 ‘‘(1) DEFINITIONS.—In this subsection— 

20 ‘‘(A) the term ‘typed’ means an asset or re21 source that has been evaluated for a specific 

22 function under the guidelines created under this 

23 section; and 


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1 ‘‘(B) the term ‘typing’ means to define in 

2 detail the minimum capabilities of an asset or 

3 resource. 

4 ‘‘(2) REQUIREMENTS.— 

5 ‘‘(A) IN GENERAL.—The Administrator 

6 shall enter into a memorandum of understanding 

7 with the administrators of the Emergency Man8 agement Assistance Compact, State, local, and 

9 tribal governments, emergency response pro10 viders, and organizations that represent such 

11 providers, to collaborate on establishing nation12 wide standards for typing of resources commonly 

13 or likely to be used in responding to a natural 

14 disaster, act of terrorism, or other man-made 

15 disaster. 

16 ‘‘(B) CONTENTS.—The standards developed 

17 under subparagraph (A) shall— 

18 ‘‘(i) be applicable to Federal, State, 

19 local, and tribal government; and 

20 ‘‘(ii) be compatible with the National 

21 Incident Management System. 

22 ‘‘(3) TYPING OF DEPARTMENT RESOURCES AND

23 ASSETS.—Not later than 1 year after the date of en24 actment of the Improving America’s Security Act of 

25 2007, the Secretary shall ensure that all resources and 


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1 assets of the Department that are commonly or likely 

2 to be used to respond to a natural disaster, act of ter3 rorism, or other man-made disaster are typed. 

4 ‘‘(4) INTEGRATION WITH NATIONAL RESPONSE

5 PLAN.— 

6 ‘‘(A) DISTRIBUTION OF STANDARDS.—Not 

7 later than 6 months after the date of enactment 

8 of the Improving America’s Security Act of 2007, 

9 the Administrator shall provide the standards 

10 developed under paragraph (2) to all Federal 

11 agencies that have responsibilities under the Na12 tional Response Plan. 

13 ‘‘(B) TYPING OF AGENCIES, ASSETS, AND

14 RESOURCES.—Not later than 6 months after the 

15 date on which the standards are provided under 

16 subparagraph (A), each agency described in sub17 paragraph (A) shall— 

18 ‘‘(i) ensure that all resources and assets 

19 (including teams, equipment, and other as20 sets) of that agency that are commonly or 

21 likely to be used to respond to a natural 

22 disaster, act of terrorism, or other man23 made disaster are typed; and 

24 ‘‘(ii) submit to the Secretary a list of 

25 all types resources and assets. 


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1 ‘‘(C) LEADERSHIP.—The Administrator 

2 shall provide leadership, guidance, and technical 

3 assistance to an agency described in subpara4 graph (A) to facilitate the typing process of that 

5 agency. 

6 ‘‘(5) DOCUMENTATION AND DATABASE SYSTEM.— 

7 ‘‘(A) IN GENERAL.—Not later than 1 year 

8 after the date of enactment of the Improving 

9 America’s Security Act of 2007, the Adminis10 trator shall establish and maintain a docu11 mentation and database system of Federal re12 sources and assets commonly or likely to be used 

13 to respond to a natural disaster, act of terrorism, 

14 or other man-made disaster. 

15 ‘‘(B) ACCESSIBILITY.—The documentation 

16 and database system established under subpara17 graph (A) shall be accessible to the Federal co18 ordinating officer and other appropriate officials 

19 preparing for or responding to a natural dis20 aster, act of terrorism, or other man-made dis21 aster. 

22 ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN23 MENTS.—Not later than 6 months after the date of en24 actment of the Improving America’s Security Act of 

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1 ministrators of the Emergency Management Assist2 ance Compact, State, local, and tribal governments, 

3 emergency response providers, and the organizations 

4 that represent such providers, shall— 

5 ‘‘(A) provide detailed written guidance, as6 sistance, and expertise to State, local, and tribal 

7 governments to facilitate the typing of the re8 sources and assets of State, local, and tribal gov9 ernments likely to be used in responding to a 

10 natural disaster, act of terrorism, or other man11 made disaster; and 

12 ‘‘(B) assist State, local, and tribal govern13 ments with typing resources and assets of State, 

14 local, or tribal governments under the guidance 

15 provided under subparagraph (A). 

16 ‘‘(7) REPORT.—Not later than 6 months after the 

17 date of enactment of the Improving America’s Secu18 rity Act of 2007, and annually thereafter, the Admin19 istrator shall submit to the Committee on Homeland 

20 Security and Governmental Affairs of the Senate and 

21 the Committee on Homeland Security of the House of 

22 Representatives a report describing the implementa23 tion of this subsection, including the number and type 

24 of Federal resources and assets ready to respond to a 


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1 natural disaster, act of terrorism, or other man-made 

2 disaster. 

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 

4 authorized to be appropriated such sums as necessary to 

5 carry out this section.’’; and 

6 (2) by adding after section 522, as added by sec7 tion 703 of this Act, the following: 

8 ‘‘SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL INFRA9 STRUCTURE. 

10 ‘‘Not later than 6 months after the date of enactment 

11 of the Improving America’s Security Act of 2007, and in 

12 coordination with appropriate national professional orga13 nizations, Federal, State, local, and tribal government 

14 agencies, and private-sector and nongovernmental entities, 

15 the Administrator shall create model standards or guide16 lines that States may adopt in conjunction with critical 

17 infrastructure owners and operators and their employees to 

18 permit access to restricted areas in the event of a natural 

19 disaster, act of terrorism, or other man-made disaster.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.—The 

21 table of contents in section 1(b) of the Homeland Security 

22 Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after 

23 the item relating to section 522, as added by section 703 

24 of this Act, the following: 

‘‘Sec. 523. Providing secure access to critical infrastructure.’’. 


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1 TITLE X—CRITICAL 

2 INFRASTRUCTURE PROTECTION 

3 SEC. 1001. CRITICAL INFRASTRUCTURE PROTECTION. 

4 (a) CRITICAL INFRASTRUCTURE LIST.—Not later than 

5 90 days after the date of enactment of this Act, and in co6 ordination with other initiatives of the Secretary relating 

7 to critical infrastructure or key resource protection and 

8 partnerships between the government and private sector, the 

9 Secretary shall establish a risk-based prioritized list of crit10 ical infrastructure and key resources that— 

11 (1) includes assets or systems that, if successfully 

12 destroyed or disrupted through a terrorist attack or 

13 natural catastrophe, would cause catastrophic na14 tional or regional impacts, including— 

15 (A) significant loss of life; 

16 (B) severe economic harm; 

17 (C) mass evacuations; or 

18 (D) loss of a city, region, or sector of the 

19 economy as a result of contamination, destruc20 tion, or disruption of vital public services; and 

21 (2) reflects a cross-sector analysis of critical in22 frastructure to determine priorities for prevention, 

23 protection, recovery, and restoration. 

24 (b) SECTOR LISTS.—In coordination with other ini25 tiatives of the Secretary relating to critical infrastructure 


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1 or key resource protection and partnerships between the gov2 ernment and private sector, the Secretary may establish ad3 ditional critical infrastructure and key resources priority 

4 lists by sector, including at a minimum the sectors named 

5 in Homeland Security Presidential Directive–7 as in effect 

6 on January 1, 2006. 

7 (c) MAINTENANCE.—Each list created under this sec8 tion shall be reviewed and updated on an ongoing basis, 

9 but at least annually. 

10 (d) ANNUAL REPORT.— 

11 (1) GENERALLY.—Not later than 120 days after 

12 the date of enactment of this Act, and annually there13 after, the Secretary shall submit to the Committee on 

14 Homeland Security and Governmental Affairs of the 

15 Senate and the Committee on Homeland Security of 

16 the House of Representatives a report summarizing— 

17 (A) the criteria used to develop each list cre18 ated under this section; 

19 (B) the methodology used to solicit and 

20 verify submissions for each list; 

21 (C) the name, location, and sector classi22 fication of assets in each list created under this 

23 section; 

24 (D) a description of any additional lists or 

25 databases the Department has developed to 


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1 prioritize critical infrastructure on the basis of 

2 risk; and 

3 (E) how each list developed under this sec4 tion will be used by the Secretary in program 

5 activities, including grant making. 

6 (2) CLASSIFIED INFORMATION.—The Secretary 

7 shall submit with each report under this subsection a 

8 classified annex containing information required to 

9 be submitted under this subsection that cannot be 

10 made public. 

11 SEC. 1002. RISK ASSESSMENT AND REPORT. 

12 (a) RISK ASSESSMENT.— 

13 (1) IN GENERAL.—The Secretary, pursuant to 

14 the responsibilities under section 202 of the Homeland 

15 Security Act (6 U.S.C. 122), for each fiscal year be16 ginning with fiscal year 2007, shall prepare a risk 

17 assessment of the critical infrastructure and key re18 sources of the Nation which shall— 

19 (A) be organized by sector, including the 

20 critical infrastructure sectors named in Home21 land Security Presidential Directive–7, as in ef22 fect on January 1, 2006; and 

23 (B) contain any actions or countermeasures 

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1 retary to address security concerns covered in the 

2 assessment. 

3 (2) RELIANCE ON OTHER ASSESSMENTS.—In 

4 preparing the assessments and reports under this sec5 tion, the Department may rely on a vulnerability as6 sessment or risk assessment prepared by another Fed7 eral agency that the Department determines is pre8 pared in coordination with other initiatives of the 

9 Department relating to critical infrastructure or key 

10 resource protection and partnerships between the gov11 ernment and private sector, if the Department cer12 tifies in the applicable report submitted under sub13 section (b) that the Department— 

14 (A) reviewed the methodology and analysis 

15 of the assessment upon which the Department re16 lied; and 

17 (B) determined that assessment is reliable. 

18 (b) REPORT.— 

19 (1) IN GENERAL.—Not later than 6 months after 

20 the last day of fiscal year 2007 and for each year 

21 thereafter, the Secretary shall submit to the Com22 mittee on Homeland Security and Governmental Af23 fairs of the Senate and the Committee on Homeland 

24 Security of the House of Representatives a report con25 taining a summary and review of the risk assessments 


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1 prepared by the Secretary under this section for that 

2 fiscal year, which shall be organized by sector and 

3 which shall include recommendations of the Secretary 

4 for mitigating risks identified by the assessments. 

5 (2) CLASSIFIED ANNEX.—The report under this 

6 subsection may contain a classified annex. 

7 SEC. 1003. USE OF EXISTING CAPABILITIES. 

8 Where appropriate, the Secretary shall use the Na9 tional Infrastructure Simulation and Analysis Center to 

10 carry out the actions required under this title. 

11 TITLE XI—CONGRESSIONAL 

12 OVERSIGHT OF INTELLIGENCE 

13 SEC. 1101. AVAILABILITY TO PUBLIC OF CERTAIN INTEL14 LIGENCE FUNDING INFORMATION. 

15 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.—The 

16 President shall disclose to the public for each fiscal year 

17 after fiscal year 2007 the aggregate amount of appropria18 tions requested in the budget of the President for such fiscal 

19 year for the National Intelligence Program. 

20 (b) AMOUNTS AUTHORIZED AND APPROPRIATED EACH

21 FISCAL YEAR.—Congress shall disclose to the public for 

22 each fiscal year after fiscal year 2007 the aggregate amount 

23 of funds authorized to be appropriated, and the aggregate 

24 amount of funds appropriated, by Congress for such fiscal 

25 year for the National Intelligence Program. 


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1 (c) STUDY ON DISCLOSURE OF ADDITIONAL INFORMA2 TION.— 

3 (1) IN GENERAL.—The Director of National In4 telligence shall conduct a study to assess the advis5 ability of disclosing to the public amounts as follows: 

6 (A) The aggregate amount of appropria7 tions requested in the budget of the President for 

8 each fiscal year for each element of the intel9 ligence community. 

10 (B) The aggregate amount of funds author11 ized to be appropriated, and the aggregate 

12 amount of funds appropriated, by Congress for 

13 each fiscal year for each element of the intel14 ligence community. 

15 (2) REQUIREMENTS.—The study required by 

16 paragraph (1) shall— 

17 (A) address whether or not the disclosure to 

18 the public of the information referred to in that 

19 paragraph would harm the national security of 

20 the United States; and 

21 (B) take into specific account concerns re22 lating to the disclosure of such information for 

23 each element of the intelligence community. 

24 (3) REPORT.—Not later than 180 days after the 

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1 mit to Congress a report on the study required by 

2 paragraph (1). 

3 (d) DEFINITIONS.—In this section— 

4 (1) the term ‘‘element of the intelligence commu5 nity’’ means an element of the intelligence community 

6 specified in or designated under section 3(4) of the 

7 National Security Act of 1947 (50 U.S.C. 401a(4)); 

8 and 

9 (2) the term ‘‘National Intelligence Program’’ 

10 has the meaning given that term in section 3(6) of the 

11 National Security Act of 1947 (50 U.S.C. 401a(6)). 

12 SEC. 1102. RESPONSE OF INTELLIGENCE COMMUNITY TO 

13 REQUESTS FROM CONGRESS. 

14 (a) RESPONSE OF INTELLIGENCE COMMUNITY TO RE15 QUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS

16 AND INFORMATION.—Title V of the National Security Act 

17 of 1947 (50 U.S.C. 413 et seq.) is amended by adding at 

18 the end the following new section: 

19 ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS

20 FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND

21 INFORMATION

22 ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.—The Di23 rector of the National Counterterrorism Center, the Director 

24 of a national intelligence center, or the head of any depart25 ment, agency, or element of the intelligence community 

26 shall, not later than 15 days after receiving a request for 


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1 any intelligence assessment, report, estimate, legal opinion, 

2 or other intelligence information from the Select Committee 

3 on Intelligence of the Senate, the Permanent Select Com4 mittee on Intelligence of the House of Representatives, or 

5 any other committee of Congress with jurisdiction over the 

6 subject matter to which information in such assessment, re7 port, estimate, legal opinion, or other information relates, 

8 make available to such committee such assessment, report, 

9 estimate, legal opinion, or other information, as the case 

10 may be. 

11 ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) The Di12 rector of the National Counterterrorism Center, the Director 

13 of a national intelligence center, or the head of any depart14 ment, agency, or element of the intelligence community shall 

15 respond, in the time specified in subsection (a), to a request 

16 described in that subsection from the Chairman or Vice 

17 Chairman of the Select Committee on Intelligence of the 

18 Senate or the Chairman or Ranking Member of the Perma19 nent Select Committee on Intelligence of the House of Rep20 resentatives. 

21 ‘‘(2) Upon making a request covered by paragraph 

22 (1)— 

23 ‘‘(A) the Chairman or Vice Chairman, as the 

24 case may be, of the Select Committee on Intelligence 


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1 of the Senate shall notify the other of the Chairman 

2 or Vice Chairman of such request; and 

3 ‘‘(B) the Chairman or Ranking Member, as the 

4 case may be, of the Permanent Select Committee on 

5 Intelligence of the House of Representatives shall no6 tify the other of the Chairman or Ranking Member of 

7 such request. 

8 ‘‘(c) ASSERTION OF PRIVILEGE.—In response to a re9 quest covered by subsection (a) or (b), the Director of the 

10 National Counterterrorism Center, the Director of a na11 tional intelligence center, or the head of any department, 

12 agency, or element of the intelligence community shall pro13 vide the document or information covered by such request 

14 unless the President certifies that such document or infor15 mation is not being provided because the President is as16 serting a privilege pursuant to the Constitution of the 

17 United States. 

18 ‘‘(d) INDEPENDENT TESTIMONY OF INTELLIGENCE OF19 FICIALS.—No officer, department, agency, or element with20 in the Executive branch shall have any authority to require 

21 the head of any department, agency, or element of the intel22 ligence community, or any designate of such a head— 

23 ‘‘(1) to receive permission to testify before Con24 gress; or 


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1 ‘‘(2) to submit testimony, legislative rec2 ommendations, or comments to any officer or agency 

3 of the Executive branch for approval, comments, or 

4 review prior to the submission of such recommenda5 tions, testimony, or comments to Congress if such tes6 timony, legislative recommendations, or comments in7 clude a statement indicating that the views expressed 

8 therein are those of the head of the department, agen9 cy, or element of the intelligence community that is 

10 making the submission and do not necessarily rep11 resent the views of the Administration.’’. 

12 (b) DISCLOSURES OF CERTAIN INFORMATION TO CON13 GRESS.—Title V of the National Security Act of 1947 (50 

14 U.S.C. 413 et seq.), as amended by subsection (a), is amend15 ed by adding at the end the following new section: 

16 ‘‘DISCLOSURES TO CONGRESS

17 ‘‘SEC. 509. (a) AUTHORITY TO DISCLOSE CERTAIN IN18 FORMATION.—An employee of a covered agency or an em19 ployee of a contractor carrying out activities pursuant to 

20 a contract with a covered agency may disclose covered infor21 mation to an authorized individual without first reporting 

22 such information to the appropriate Inspector General. 

23 ‘‘(b) AUTHORIZED INDIVIDUAL.—(1) In this section, 

24 the term ‘authorized individual’ means— 


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1 ‘‘(A) a Member of the Senate or the House of 

2 Representatives who is authorized to receive informa3 tion of the type disclosed; or 

4 ‘‘(B) an employee of the Senate or the House of 

5 Representatives who— 

6 ‘‘(i) has an appropriate security clearance; 

7 and 

8 ‘‘(ii) is authorized to receive information of 

9 the type disclosed. 

10 ‘‘(2) An authorized individual described in paragraph 

11 (1) to whom covered information is disclosed under the au12 thority in subsection (a) shall be presumed to have a need 

13 to know such covered information. 

14 ‘‘(c) COVERED AGENCY AND COVERED INFORMATION

15 DEFINED.—In this section: 

16 ‘‘(1) The term ‘covered agency’ means— 

17 ‘‘(A) any department, agency, or element of 

18 the intelligence community; 

19 ‘‘(B) a national intelligence center; and 

20 ‘‘(C) any other Executive agency, or element 

21 or unit thereof, determined by the President 

22 under section 2302(a)(2)(C)(ii) of title 5, United 

23 States Code, to have as its principal function the 

24 conduct of foreign intelligence or counterintel25 ligence activities. 


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1 ‘‘(2) The term ‘covered information’— 

2 ‘‘(A) means information, including classi3 fied information, that an employee referred to in 

4 subsection (a) reasonably believes provides direct 

5 and specific evidence of a false or inaccurate 

6 statement— 

7 ‘‘(i) made to Congress; or 

8 ‘‘(ii) contained in any intelligence as9 sessment, report, or estimate; and 

10 ‘‘(B) does not include information the dis11 closure of which is prohibited by rule 6(e) of the 

12 Federal Rules of Criminal Procedure. 

13 ‘‘(d) CONSTRUCTION WITH OTHER REPORTING RE14 QUIREMENTS.—Nothing in this section may be construed to 

15 modify, alter, or otherwise affect— 

16 ‘‘(1) any reporting requirement relating to intel17 ligence activities that arises under this Act or any 

18 other provision of law; or 

19 ‘‘(2) the right of any employee of the United 

20 States to disclose information to Congress, in accord21 ance with applicable law, information other than cov22 ered information.’’. 

23 (c) CLERICAL AMENDMENT.—The table of contents in 

24 the first section of that Act is amended by inserting after 

25 the item relating to section 507 the following new items: 


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‘‘Sec. 508. Response of intelligence community to requests from Congress for intelligence documents and information. 

‘‘Sec. 509. Disclosures to Congress.’’. 

1 SEC. 1103. PUBLIC INTEREST DECLASSIFICATION BOARD. 

2 The Public Interest Declassification Act of 2000 (50 

3 U.S.C. 435 note) is amended— 

4 (1) in section 704(e)— 

5 (A) by striking ‘‘If requested’’ and inserting 

6 the following: 

7 ‘‘(1) IN GENERAL.—If requested’’; and 

8 (B) by adding at the end the following: 

9 ‘‘(2) AUTHORITY OF BOARD.—Upon receiving a 

10 congressional request described in section 703(b)(5), 

11 the Board may conduct the review and make the rec12 ommendations described in that section, regardless of 

13 whether such a review is requested by the President. 

14 ‘‘(3) REPORTING.—Any recommendations sub15 mitted to the President by the Board under section 

16 703(b)(5), shall be submitted to the chairman and 

17 ranking member of the committee of Congress that 

18 made the request relating to such recommendations.’’; 

19 and 

20 (2) in section 710(b), by striking ‘‘8 years after 

21 the date of the enactment of this Act’’ and inserting 

22 ‘‘on December 31, 2012’’. 


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1 TITLE XII—INTERNATIONAL CO2 OPERATION ON 

3 ANTITERRORISM TECH4 NOLOGIES 

5 SEC. 1201. PROMOTING ANTITERRORISM CAPABILITIES 

6 THROUGH INTERNATIONAL COOPERATION. 

7 (a) FINDINGS.—The Congress finds the following: 

8 (1) The development and implementation of tech9 nology is critical to combating terrorism and other 

10 high consequence events and implementing a com11 prehensive homeland security strategy. 

12 (2) The United States and its allies in the global 

13 war on terrorism share a common interest in facili14 tating research, development, testing, and evaluation 

15 of equipment, capabilities, technologies, and services 

16 that will aid in detecting, preventing, responding to, 

17 recovering from, and mitigating against acts of ter18 rorism. 

19 (3) Certain United States allies in the global 

20 war on terrorism, including Israel, the United King21 dom, Canada, Australia, and Singapore have exten22 sive experience with, and technological expertise in, 

23 homeland security. 

24 (4) The United States and certain of its allies in 

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1 ful collaboration in developing mutually beneficial 

2 equipment, capabilities, technologies, and services in 

3 the areas of defense, agriculture, and telecommuni4 cations. 

5 (5) The United States and its allies in the global 

6 war on terrorism will mutually benefit from the shar7 ing of technological expertise to combat domestic and 

8 international terrorism. 

9 (6) The establishment of an office to facilitate 

10 and support cooperative endeavors between and 

11 among government agencies, for-profit business enti12 ties, academic institutions, and nonprofit entities of 

13 the United States and its allies will safeguard lives 

14 and property worldwide against acts of terrorism and 

15 other high consequence events. 

16 (b) PROMOTING ANTITERRORISM THROUGH INTER17 NATIONAL COOPERATION ACT.— 

18 (1) IN GENERAL.—The Homeland Security Act 

19 of 2002 is amended by inserting after section 316, as 

20 added by section 601 of this Act, the following: 

21 ‘‘SEC. 317. PROMOTING ANTITERRORISM THROUGH INTER22 NATIONAL COOPERATION PROGRAM. 

23 ‘‘(a) DEFINITIONS.—In this section: 

24 ‘‘(1) DIRECTOR.—The term ‘Director’ means the 

25 Director selected under subsection (b)(2). 


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1 ‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.— 

2 The term ‘international cooperative activity’ in3 cludes— 

4 ‘‘(A) coordinated research projects, joint re5 search projects, or joint ventures; 

6 ‘‘(B) joint studies or technical demonstra7 tions; 

8 ‘‘(C) coordinated field exercises, scientific 

9 seminars, conferences, symposia, and workshops; 

10 ‘‘(D) training of scientists and engineers; 

11 ‘‘(E) visits and exchanges of scientists, engi12 neers, or other appropriate personnel; 

13 ‘‘(F) exchanges or sharing of scientific and 

14 technological information; and 

15 ‘‘(G) joint use of laboratory facilities and 

16 equipment. 

17 ‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECU18 RITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.— 

19 ‘‘(1) ESTABLISHMENT.—The Under Secretary 

20 shall establish the Science and Technology Homeland 

21 Security International Cooperative Programs Office. 

22 ‘‘(2) DIRECTOR.—The Office shall be headed by 

23 a Director, who— 

24 ‘‘(A) shall be selected (in consultation with 

25 the Assistant Secretary for International Affairs, 


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1 Policy Directorate) by and shall report to the 

2 Under Secretary; and 

3 ‘‘(B) may be an officer of the Department 

4 serving in another position. 

5 ‘‘(3) RESPONSIBILITIES.— 

6 ‘‘(A) DEVELOPMENT OF MECHANISMS.—The 

7 Director shall be responsible for developing, in 

8 coordination with the Department of State, the 

9 Department of Defense, the Department of En10 ergy, and other Federal agencies, mechanisms 

11 and legal frameworks to allow and to support 

12 international cooperative activity in support of 

13 homeland security research. 

14 ‘‘(B) PRIORITIES.—The Director shall be re15 sponsible for developing, in coordination with the 

16 Directorate of Science and Technology, the other 

17 components of the Department (including the Of18 fice of the Assistant Secretary for International 

19 Affairs, Policy Directorate), the Department of 

20 State, the Department of Defense, the Depart21 ment of Energy, and other Federal agencies, 

22 strategic priorities for international cooperative 

23 activity. 

24 ‘‘(C) ACTIVITIES.—The Director shall facili25 tate the planning, development, and implementaVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00242 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 tion of international cooperative activity to ad2 dress the strategic priorities developed under sub3 paragraph (B) through mechanisms the Under 

4 Secretary considers appropriate, including 

5 grants, cooperative agreements, or contracts to or 

6 with foreign public or private entities, govern7 mental organizations, businesses, federally fund8 ed research and development centers, and univer9 sities. 

10 ‘‘(D) IDENTIFICATION OF PARTNERS.—The 

11 Director shall facilitate the matching of United 

12 States entities engaged in homeland security re13 search with non-United States entities engaged 

14 in homeland security research so that they may 

15 partner in homeland security research activities. 

16 ‘‘(4) COORDINATION.—The Director shall ensure 

17 that the activities under this subsection are coordi18 nated with the Office of International Affairs and the 

19 Department of State, the Department of Defense, the 

20 Department of Energy, and other relevant Federal 

21 agencies or interagency bodies. The Director may 

22 enter into joint activities with other Federal agencies. 

23 ‘‘(c) MATCHING FUNDING.— 

24 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) EQUITABILITY.—The Director shall en2 sure that funding and resources expended in 

3 international cooperative activity will be equi4 tably matched by the foreign partner government 

5 or other entity through direct funding, funding 

6 of complementary activities, or through the pro7 vision of staff, facilities, material, or equipment. 

8 ‘‘(B) GRANT MATCHING AND REPAYMENT.— 

9 ‘‘(i) IN GENERAL.—The Secretary may 

10 require a recipient of a grant under this 

11 section— 

12 ‘‘(I) to make a matching contribu13 tion of not more than 50 percent of the 

14 total cost of the proposed project for 

15 which the grant is awarded; and 

16 ‘‘(II) to repay to the Secretary the 

17 amount of the grant (or a portion 

18 thereof), interest on such amount at an 

19 appropriate rate, and such charges for 

20 administration of the grant as the Sec21 retary determines appropriate. 

22 ‘‘(ii) MAXIMUM AMOUNT.—The Sec23 retary may not require that repayment 

24 under clause (i)(II) be more than 150 per25 cent of the amount of the grant, adjusted for 


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1 inflation on the basis of the Consumer Price 

2 Index. 

3 ‘‘(2) FOREIGN PARTNERS.—Partners may in4 clude Israel, the United Kingdom, Canada, Australia, 

5 Singapore, and other allies in the global war on ter6 rorism, as determined by the Secretary of State. 

7 ‘‘(d) FUNDING.—Funding for all activities under this 

8 section shall be paid from discretionary funds appropriated 

9 to the Department. 

10 ‘‘(e) FOREIGN REIMBURSEMENTS.—If the Science and 

11 Technology Homeland Security International Cooperative 

12 Programs Office participates in an international coopera13 tive activity with a foreign partner on a cost-sharing basis, 

14 any reimbursements or contributions received from that for15 eign partner to meet the share of that foreign partner of 

16 the project may be credited to appropriate appropriations 

17 accounts of the Directorate of Science and Technology.’’. 

18 (2) TECHNICAL AND CONFORMING AMEND19 MENT.—The table of contents in section 1(b) of the 

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

21 is amended by adding after the item relating to sec22 tion 316, as added by section 601 of this Act, the fol23 lowing: 

‘‘Sec. 317. Promoting antiterrorism through international cooperation program.’’. 


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1 SEC. 1202. TRANSPARENCY OF FUNDS. 

2 For each Federal award (as that term is defined in 

3 section 2 of the Federal Funding Accountability and Trans4 parency Act of 2006 (31 U.S.C. 6101 note)) under this title 

5 or an amendment made by this title, the Director of the 

6 Office of Management and Budget shall ensure full and 

7 timely compliance with the requirements of the Federal 

8 Funding Accountability and Transparency Act of 2006 (31 

9 U.S.C. 6101 note). 

10 TITLE XIII—MISCELLANEOUS 

11 PROVISIONS 

12 SEC. 1301. DEPUTY SECRETARY OF HOMELAND SECRETARY 

13 FOR MANAGEMENT. 

14 (a) ESTABLISHMENT AND SUCCESSION.—Section 103 

15 of the Homeland Security Act of 2002 (6 U.S.C. 113) is 

16 amended— 

17 (1) in subsection (a)— 

18 (A) in the subsection heading, by striking 

19 ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY

20 SECRETARIES’’; 

21 (B) by striking paragraph (6); 

22 (C) by redesignating paragraphs (2) 

23 through (5) as paragraphs (3) through (6), re24 spectively; and 

25 (D) by striking paragraph (1) and insert26 ing the following: 


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1 ‘‘(1) A Deputy Secretary of Homeland Security. 

2 ‘‘(2) A Deputy Secretary of Homeland Security 

3 for Management.’’; and 

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

5 ‘‘(g) VACANCIES.— 

6 ‘‘(1) VACANCY IN OFFICE OF SECRETARY.— 

7 ‘‘(A) DEPUTY SECRETARY.—In case of a va8 cancy in the office of the Secretary, or of the ab9 sence or disability of the Secretary, the Deputy 

10 Secretary of Homeland Security may exercise all 

11 the duties of that office, and for the purpose of 

12 section 3345 of title 5, United States Code, the 

13 Deputy Secretary of Homeland Security is the 

14 first assistant to the Secretary. 

15 ‘‘(B) DEPUTY SECRETARY FOR MANAGE16 MENT.—When by reason of absence, disability, or 

17 vacancy in office, neither the Secretary nor the 

18 Deputy Secretary of Homeland Security is 

19 available to exercise the duties of the office of the 

20 Secretary, the Deputy Secretary of Homeland 

21 Security for Management shall act as Secretary. 

22 ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC23 RETARY.—In the case of a vacancy in the office of the 

24 Deputy Secretary of Homeland Security, or of the ab25 sence or disability of the Deputy Secretary of HomeVerDate Aug 31 2005 21:52 Feb 22, 2007 Jkt 049196 PO 00000 Frm 00247 Fmt 6652 Sfmt 6203 E:\BILLS\S4.RS S4

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1 land Security, the Deputy Secretary of Homeland Se2 curity for Management may exercise all the duties of 

3 that office. 

4 ‘‘(3) FURTHER ORDER OF SUCCESSION.—The 

5 Secretary may designate such other officers of the De6 partment in further order of succession to act as Sec7 retary.’’. 

8 (b) RESPONSIBILITIES.—Section 701 of the Homeland 

9 Security Act of 2002 (6 U.S.C. 341) is amended— 

10 (1) in the section heading, by striking ‘‘UNDER

11 SECRETARY’’ and inserting ‘‘DEPUTY SECRETARY

12 OF HOMELAND SECURITY’’; 

13 (2) in subsection (a)— 

14 (A) by inserting ‘‘The Deputy Secretary of 

15 Homeland Security for Management shall serve 

16 as the Chief Management Officer and principal 

17 advisor to the Secretary on matters related to the 

18 management of the Department, including man19 agement integration and transformation in sup20 port of homeland security operations and pro21 grams.’’ before ‘‘The Secretary’’; 

22 (B) by striking ‘‘Under Secretary for Man23 agement’’ and inserting ‘‘Deputy Secretary of 

24 Homeland Security for Management’’; 


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1 (C) by striking paragraph (7) and inserting 

2 the following: 

3 ‘‘(7) Strategic planning and annual performance 

4 planning and identification and tracking of perform5 ance measures relating to the responsibilities of the 

6 Department.’’; and 

7 (D) by striking paragraph (9), and insert8 ing the following: 

9 ‘‘(9) The integration and transformation process, 

10 to ensure an efficient and orderly consolidation of 

11 functions and personnel to the Department, including 

12 the development of a management integration strategy 

13 for the Department.’’; and 

14 (3) in subsection (b)— 

15 (A) in paragraph (1), by striking ‘‘Under 

16 Secretary for Management’’ and inserting ‘‘Dep17 uty Secretary of Homeland Security for Manage18 ment’’; and 

19 (B) in paragraph (2), by striking ‘‘Under 

20 Secretary for Management’’ and inserting ‘‘Dep21 uty Secretary of Homeland Security for Manage22 ment’’. 

23 (c) APPOINTMENT, EVALUATION, AND REAPPOINT24 MENT.—Section 701 of the Homeland Security Act of 2002 


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1 (6 U.S.C. 341) is amended by adding at the end the fol2 lowing: 

3 ‘‘(c) APPOINTMENT, EVALUATION, AND REAPPOINT4 MENT.—The Deputy Secretary of Homeland Security for 

5 Management— 

6 ‘‘(1) shall be appointed by the President, by and 

7 with the advice and consent of the Senate, from 

8 among persons who have— 

9 ‘‘(A) extensive executive level leadership and 

10 management experience in the public or private 

11 sector; 

12 ‘‘(B) strong leadership skills; 

13 ‘‘(C) a demonstrated ability to manage 

14 large and complex organizations; and 

15 ‘‘(D) a proven record in achieving positive 

16 operational results; 

17 ‘‘(2) shall— 

18 ‘‘(A) serve for a term of 5 years; and 

19 ‘‘(B) be subject to removal by the President 

20 if the President— 

21 ‘‘(i) finds that the performance of the 

22 Deputy Secretary of Homeland Security for 

23 Management is unsatisfactory; and 

24 ‘‘(ii) communicates the reasons for re25 moving the Deputy Secretary of Homeland 


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1 Security for Management to Congress before 

2 such removal; 

3 ‘‘(3) may be reappointed in accordance with 

4 paragraph (1), if the Secretary has made a satisfac5 tory determination under paragraph (5) for the 3 

6 most recent performance years; 

7 ‘‘(4) shall enter into an annual performance 

8 agreement with the Secretary that shall set forth 

9 measurable individual and organizational goals; and 

10 ‘‘(5) shall be subject to an annual performance 

11 evaluation by the Secretary, who shall determine as 

12 part of each such evaluation whether the Deputy Sec13 retary of Homeland Security for Management has 

14 made satisfactory progress toward achieving the goals 

15 set out in the performance agreement required under 

16 paragraph (4).’’. 

17 (d) INCUMBENT.—The individual who serves in the po18 sition of Under Secretary for Management of the Depart19 ment of Homeland Security on the date of enactment of this 

20 Act— 

21 (1) may perform all the duties of the Deputy 

22 Secretary of Homeland Security for Management at 

23 the pleasure of the President, until a Deputy Sec24 retary of Homeland Security for Management is ap25 pointed in accordance with subsection (c) of section 


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1 701 of the Homeland Security Act of 2002 (6 U.S.C. 

2 341), as added by this Act; and 

3 (2) may be appointed Deputy Secretary of 

4 Homeland Security for Management, if such appoint5 ment is otherwise in accordance with sections 103 

6 and 701 of the Homeland Security Act of 2002 (6 

7 U.S.C. 113 and 341), as amended by this Act. 

8 (e) REFERENCES.—References in any other Federal 

9 law, Executive order, rule, regulation, or delegation of au10 thority, or any document of or relating to the Under Sec11 retary for Management of the Department of Homeland Se12 curity shall be deemed to refer to the Deputy Secretary of 

13 Homeland Security for Management. 

14 (f) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 (1) OTHER REFERENCE.—Section 702(a) of the 

16 Homeland Security Act of 2002 (6 U.S.C. 342(a)) is 

17 amended by striking ‘‘Under Secretary for Manage18 ment’’ and inserting ‘‘Deputy Secretary of Homeland 

19 Security for Management’’. 

20 (2) TABLE OF CONTENTS.—The table of contents 

21 in section 1(b) of the Homeland Security Act of 2002 

22 (6 U.S.C. 101(b)) is amended by striking the item re23 lating to section 701 and inserting the following: 

‘‘Sec. 701. Deputy Secretary of Homeland Security for Management.’’. 

24 (3) EXECUTIVE SCHEDULE.—Section 5313 of 

25 title 5, United States Code, is amended by inserting 


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1 after the item relating to the Deputy Secretary of 

2 Homeland Security the following: 

3 ‘‘Deputy Secretary of Homeland Security for 

4 Management.’’. 

5 SEC. 1302. SENSE OF THE SENATE REGARDING COMBATING 

6 DOMESTIC RADICALIZATION. 

7 (a) FINDINGS.—The Senate finds the following: 

8 (1) The United States is engaged in a struggle 

9 against a transnational terrorist movement of radical 

10 extremists seeking to exploit the religion of Islam 

11 through violent means to achieve ideological ends. 

12 (2) The radical jihadist movement transcends 

13 borders and has been identified as a potential threat 

14 within the United States. 

15 (3) Radicalization has been identified as a pre16 cursor to terrorism. 

17 (4) Countering the threat of violent extremists 

18 domestically, as well as internationally, is a critical 

19 element of the plan of the United States for success 

20 in the war on terror. 

21 (5) United States law enforcement agencies have 

22 identified radicalization as an emerging threat and 

23 have in recent years identified cases of ‘‘homegrown’’ 

24 extremists operating inside the United States with the 


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1 intent to provide support for, or directly commit, a 

2 terrorist attack. 

3 (6) The alienation of Muslim populations in the 

4 Western world has been identified as a factor in the 

5 spread of radicalization. 

6 (7) Radicalization cannot be prevented solely 

7 through law enforcement and intelligence measures. 

8 (b) SENSE OF SENATE.—It is the sense of the Senate 

9 that the Secretary, in consultation with other relevant Fed10 eral agencies, should make a priority of countering domestic 

11 radicalization and extremism by— 

12 (1) using intelligence analysts and other experts 

13 to better understand the process of radicalization from 

14 sympathizer to activist to terrorist; 

15 (2) recruiting employees with diverse worldviews, 

16 skills, languages, and cultural backgrounds and exper17 tise; 

18 (3) consulting with experts to ensure that the 

19 lexicon used within public statements is precise and 

20 appropriate and does not aid extremists by offending 

21 the American Muslim community; 

22 (4) developing and implementing, in concert 

23 with the Attorney General and State and local correc24 tions officials, a program to address prisoner 

25 radicalization and post-sentence reintegration; 


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1 (5) pursuing broader avenues of dialogue with 

2 the Muslim community to foster mutual respect, un3 derstanding, and trust; and 

4 (6) working directly with State, local, and com5 munity leaders to— 

6 (A) educate these leaders on the threat of 

7 radicalization and the necessity of taking pre8 ventative action at the local level; and 

9 (B) facilitate the sharing of best practices 

10 from other countries and communities to encour11 age outreach to the American Muslim commu12 nity and develop partnerships between all faiths, 

13 including Islam. 

14 SEC. 1303. SENSE OF THE SENATE REGARDING OVERSIGHT 

15 OF HOMELAND SECURITY. 

16 (a) FINDINGS.—The Senate finds the following: 

17 (1) The Senate recognizes the importance and 

18 need to implement the recommendations offered by the 

19 National Commission on Terrorist Attacks Upon the 

20 United States (in this section referred to as the ‘‘Com21 mission’’). 

22 (2) Congress considered and passed the National 

23 Security Intelligence Reform Act of 2004 (Public Law 

24 108–458; 118 Stat. 3643) to implement the rec25 ommendations of the Commission. 


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1 (3) Representatives of the Department testified at 

2 165 Congressional hearings in calendar year 2004, 

3 and 166 Congressional hearings in calendar year 

4 2005. 

5 (4) The Department had 268 representatives tes6 tify before 15 committees and 35 subcommittees of the 

7 House of Representatives and 9 committees and 12 

8 subcommittees of the Senate at 206 congressional 

9 hearings in calendar year 2006. 

10 (5) The Senate has been unwilling to reform 

11 itself in accordance with the recommendation of the 

12 Commission to provide better and more streamlined 

13 oversight of the Department. 

14 (b) SENSE OF SENATE.—It is the sense of the Senate 

15 that the Senate should implement the recommendation of 

16 the Commission to ‘‘create a single, principal point of over17 sight and review for homeland security.’’. 

18 SEC. 1304. REPORT REGARDING BORDER SECURITY. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of enactment of this Act, the Secretary shall submit 

21 a report to Congress regarding ongoing initiatives of the 

22 Department to improve security along the northern border 

23 of the United States. 

24 (b) CONTENTS.—The report submitted under sub25 section (a) shall— 


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1 (1) address the vulnerabilities along the northern 

2 border of the United States; and 

3 (2) provide recommendations to address such 

4 vulnerabilities, including required resources needed to 

5 protect the northern border of the United States. 

6 (c) GOVERNMENT ACCOUNTABILITY OFFICE.—Not 

7 later than 270 days after the date of the submission of the 

8 report under subsection (a), the Comptroller General of the 

9 United States shall submit a report to Congress that— 

10 (1) reviews and comments on the report under 

11 subsection (a); and 

12 (2) provides recommendations regarding any ad13 ditional actions necessary to protect the northern bor14 der of the United States. 


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Calendar No. 57 

110TH CONGRESS 

1ST SESSION S. 4 

A BILL 

To make the United States more secure by impleother purposes. fectively, to improve homeland security, and for Commission to fight the war on terror more ef- menting unfinished recommendations of the 9/11 

FEBRUARY 23, 2007 

Reported with an amendment 


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