110TH CONGRESS

1ST SESSION S. 4

AN ACT

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,

3 SECTION 1. SHORT TITLE.

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

5 Security Act of 2007’’.
 †

2

S 4 ES

1 SEC. 2. DEFINITIONS.

2 In this Act:

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

4 means the Department of Homeland Security.

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

6 the Secretary of Homeland Security.

7 SEC. 3. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Definitions.

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.

Sec. 123. Rural Policing Institute.

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. Equipment technical assistance training.

Sec. 204. 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.
†

3

S 4 ES

TITLE IV—EMERGENCY MANAGEMENT PERFORMANCE GRANTS

PROGRAM

Sec. 401. Emergency Management Performance Grants Program.

TITLE V—ENHANCING SECURITY OF INTERNATIONAL TRAVEL

Sec. 501. Modernization of the visa waiver program.

Sec. 502. Strengthening the capabilities of the Human Smuggling and Trafficking Center.

Sec. 503. Enhancements to the Terrorist Travel Program.

Sec. 504. Enhanced driver’s license.

Sec. 505. Western Hemisphere Travel Initiative.

Sec. 506. Model ports-of-entry.

TITLE VI—PRIVACY AND CIVIL LIBERTIES MATTERS

Sec. 601. Modification of authorities relating to Privacy and Civil Liberties

Oversight Board.

Sec. 602. Privacy and civil liberties officers.

Sec. 603. Department Privacy Officer.

Sec. 604. Federal Agency Data Mining Reporting Act of 2007.

TITLE VII—ENHANCED DEFENSES AGAINST WEAPONS OF MASS

DESTRUCTION

Sec. 701. National Biosurveillance Integration Center.

Sec. 702. Biosurveillance efforts.

Sec. 703. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.

TITLE VIII—PRIVATE SECTOR PREPAREDNESS

Sec. 801. Definitions.

Sec. 802. Responsibilities of the private sector office of the department.

Sec. 803. Voluntary national preparedness standards compliance; accreditation

and certification program for the private sector.

Sec. 804. Sense of Congress regarding promoting an international standard for

private sector preparedness.

Sec. 805. Demonstration project.

Sec. 806. Report to Congress.

Sec. 807. Rule of construction.

TITLE IX—TRANSPORTATION SECURITY PLANNING AND

INFORMATION SHARING

Sec. 901. Transportation security strategic planning.

Sec. 902. Transportation security information sharing.

Sec. 903. Transportation Security Administration personnel management.

Sec. 904. Appeal rights and employee engagement mechanism for passenger

and property screeners.

Sec. 905. Plan for 100 percent scanning of cargo containers.

TITLE X—INCIDENT COMMAND SYSTEM

Sec. 1001. Preidentifying and evaluating multijurisdictional facilities to

strengthen incident command; private sector preparedness.

Sec. 1002. Credentialing and typing to strengthen incident command.
†

4

S 4 ES

TITLE XI—CRITICAL INFRASTRUCTURE PROTECTION

Sec. 1101. Critical infrastructure protection.

Sec. 1102. Risk assessment and report.

Sec. 1103. Use of existing capabilities.

Sec. 1104. Priorities and allocations.

TITLE XII—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 1201. Availability to public of certain intelligence funding information.

Sec. 1202. Response of intelligence community to requests from Congress.

Sec. 1203. Public Interest Declassification Board.

Sec. 1204. Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.

Sec. 1205. Availability of funds for the Public Interest Declassification Board.

Sec. 1206. Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001.

TITLE XIII—INTERNATIONAL COOPERATION ON ANTITERRORISM

TECHNOLOGIES

Sec. 1301. Promoting antiterrorism capabilities through international cooperation.

Sec. 1302. Transparency of funds.

TITLE XIV—TRANSPORTATION AND INTEROPERABLE

COMMUNICATION CAPABILITIES

Sec. 1401. Short title.

Subtitle A—Surface Transportation and Rail Security

Sec. 1411. Definition.

PART I—IMPROVED RAIL SECURITY

Sec. 1421. Rail transportation security risk assessment.

Sec. 1422. Systemwide Amtrak security upgrades.

Sec. 1423. Fire and life-safety improvements.

Sec. 1424. Freight and passenger rail security upgrades.

Sec. 1425. Rail security research and development.

Sec. 1426. Oversight and grant procedures.

Sec. 1427. Amtrak plan to assist families of passengers involved in rail passenger accidents.

Sec. 1428. Northern border rail passenger report.

Sec. 1429. Rail worker security training program.

Sec. 1430. Whistleblower protection program.

Sec. 1431. High hazard material security risk mitigation plans.

Sec. 1432. Enforcement authority.

Sec. 1433. Rail security enhancements.

Sec. 1434. Public awareness.

Sec. 1435. Railroad high hazard material tracking.

Sec. 1436. Unified carrier registration system plan agreement.

Sec. 1437. Authorization of appropriations.

Sec. 1438. Applicability of District of Columbia law to certain Amtrak contracts.
†

5

S 4 ES

PART II—IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL

SECURITY

Sec. 1441. Hazardous materials highway routing.

Sec. 1442. Motor carrier high hazard material tracking.

Sec. 1443. Memorandum of agreement.

Sec. 1444. Hazardous materials security inspections and enforcement.

Sec. 1445. Truck security assessment.

Sec. 1446. National public sector response system.

Sec. 1447. Over-the-road bus security assistance.

Sec. 1448. Pipeline security and incident recovery plan.

Sec. 1449. Pipeline security inspections and enforcement.

Sec. 1450. Technical corrections.

Sec. 1451. Certain personnel limitations not to apply.

Sec. 1452. Maritime and surface transportation security user fee study.

Sec. 1453. DHS Inspector General report on Highway Watch grant program.

Sec. 1454. Prohibition of issuance of transportation security cards to convicted

felons.

Sec. 1455. Prohibition of issuance of transportation security cards to convicted

felons.

Subtitle B—Aviation Security Improvement

Sec. 1461. Extension of authorization for aviation security funding.

Sec. 1462. Passenger aircraft cargo screening.

Sec. 1463. Blast-resistant cargo containers.

Sec. 1464. Protection of air cargo on passenger planes from explosives.

Sec. 1465. In-line baggage screening.

Sec. 1466. Enhancement of in-line baggage system deployment.

Sec. 1467. Research and development of aviation transportation security technology.

Sec. 1468. Certain TSA personnel limitations not to apply.

Sec. 1469. Specialized training.

Sec. 1470. Explosive detection at passenger screening checkpoints.

Sec. 1471. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.

Sec. 1472. Strategic plan to test and implement advanced passenger

prescreening system.

Sec. 1473. Repair station security.

Sec. 1474. General aviation security.

Sec. 1475. Security credentials for airline crews.

Sec. 1476. National explosives detection canine team training center.

Sec. 1477. Law enforcement biometric credential.

Sec. 1478. Employee retention internship program.

Sec. 1479. Pilot project to reduce the number of transportation security officers

at airport exit lanes.

Subtitle C—Interoperable Emergency Communications

Sec. 1481. Interoperable emergency communications.

Sec. 1482. Rule of construction.

Sec. 1483. Cross border interoperability reports.

Sec. 1484. Extension of short quorum.

Sec. 1485. Requiring reports to be submitted to certain committees.

TITLE XV—PUBLIC TRANSPORTATION TERRORISM PREVENTION
†

6

S 4 ES

Sec. 1501. Short title.

Sec. 1502. Findings.

Sec. 1503. Security assessments.

Sec. 1504. Security assistance grants.

Sec. 1505. Public transportation security training program.

Sec. 1506. Intelligence sharing.

Sec. 1507. Research, development, and demonstration grants and contracts.

Sec. 1508. Reporting requirements.

Sec. 1509. Authorization of appropriations.

Sec. 1510. Sunset provision.

TITLE XVI—MISCELLANEOUS PROVISIONS

Sec. 1601. Deputy Secretary of Homeland Security for Management.

Sec. 1602. Sense of the Senate regarding combating domestic radicalization.

Sec. 1603. Sense of the Senate regarding oversight of Homeland Security.

Sec. 1604. Report regarding border security.

Sec. 1605. Law Enforcement Assistance Force.

Sec. 1606. Quadrennial homeland security review.

Sec. 1607. Integration of detection equipment and technologies.

TITLE XVII—911 MODERNIZATION

Sec. 1701. Short title.

Sec. 1702. Funding for program.

Sec. 1703. NTIA coordination of E–911 implementation.

TITLE XVIII—MODERNIZATION OF THE AMERICAN NATIONAL

RED CROSS

Sec. 1801. Short title.

Sec. 1802. Findings; Sense of Congress.

Sec. 1803. Organization.

Sec. 1804. Purposes.

Sec. 1805. Membership and chapters.

Sec. 1806. Board of governors.

Sec. 1807. Powers.

Sec. 1808. Annual meeting.

Sec. 1809. Endowment fund.

Sec. 1810. Annual report and audit.

Sec. 1811. Comptroller General of the United States and Office of the Ombudsman.

TITLE XIX—ADVANCEMENT OF DEMOCRATIC VALUES

Sec. 1901. Short title.

Sec. 1902. Findings.

Sec. 1903. Statement of policy.

Sec. 1904. Definitions.

SUBTITLE A—LIAISON OFFICERS AND FELLOWSHIP PROGRAM TO ENHANCE

THE PROMOTION OF DEMOCRACY

Sec. 1911. Democracy Liaison Officers.

Sec. 1912. Democracy Fellowship Program.
†

7

S 4 ES

Sec. 1913. Transparency of United States broadcasting to assist in oversight

and ensure promotion of human rights and democracy in international broadcasts.

SUBTITLE B—ANNUAL REPORT ON ADVANCING FREEDOM AND DEMOCRACY

Sec. 1921. Annual report.

Sec. 1922. Sense of Congress on translation of human rights reports.

SUBTITLE C—ADVISORY COMMITTEE ON DEMOCRACY PROMOTION AND THE

INTERNET WEBSITE OF THE DEPARTMENT OF STATE

Sec. 1931. Advisory Committee on Democracy Promotion.

Sec. 1932. Sense of Congress on the Internet website of the Department of

State.

SUBTITLE D—TRAINING IN DEMOCRACY AND HUMAN RIGHTS; PROMOTIONS

Sec. 1941. Sense of Congress on training in democracy and human rights.

Sec. 1942. Sense of Congress on ADVANCE Democracy Award.

Sec. 1943. Promotions.

Sec. 1944. Programs by United States missions in foreign countries and activities of chiefs of mission.

SUBTITLE E—ALLIANCES WITH DEMOCRATIC COUNTRIES

Sec. 1951. Alliances with democratic countries.

SUBTITLE F—FUNDING FOR PROMOTION OF DEMOCRACY

Sec. 1961. Sense of Congress on the United Nations Democracy Fund.

Sec. 1962. The Human Rights and Democracy Fund.
†

8

S 4 ES

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 SHAR12 ING.—

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

14 Homeland Security Act of 2002 (6 U.S.C. 121 et

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

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

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

18 the Homeland Security Advisory System in accordance

19 with this section to provide warnings regarding the risk

20 of terrorist attacks on the homeland to Federal, State,

21 local, and tribal government authorities and to the people

22 of the United States, as appropriate. The Secretary shall

23 exercise primary responsibility for providing such warn24 ings.
†

9

S 4 ES

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

2 Homeland Security Advisory System, the Secretary

3 shall—

4 ‘‘(1) establish criteria for the issuance and rev5 ocation of such warnings;

6 ‘‘(2) develop a methodology, relying on the cri7 teria established under paragraph (1), for the

8 issuance and revocation of such warnings;

9 ‘‘(3) provide, in each such warning, specific in10 formation and advice regarding appropriate protec11 tive measures and countermeasures that may be

12 taken in response to that risk, at the maximum level

13 of detail practicable to enable individuals, govern14 ment entities, emergency response providers, and the

15 private sector to act appropriately; and

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

17 such warning to a specific region, locality, or eco18 nomic sector believed to be at risk.

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

20 ‘‘(a) INFORMATION SHARING.—Consistent with sec21 tion 1016 of the Intelligence Reform and Terrorism Pre22 vention Act of 2004 (6 U.S.C. 485), the Secretary shall

23 integrate and standardize the information of the intel24 ligence components of the Department, except for any in-
†

10

S 4 ES

1 ternal protocols of such intelligence components, to be ad2 ministered by the Chief Intelligence Officer.

3 ‘‘(b) INFORMATION SHARING AND KNOWLEDGE

4 MANAGEMENT OFFICERS.—For each intelligence compo5 nent of the Department, the Secretary shall designate an

6 information sharing and knowledge management officer

7 who shall report to the Chief Intelligence Officer regarding

8 coordinating the different systems used in the Department

9 to gather and disseminate homeland security information.

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

11 OF INFORMATION.—

12 ‘‘(1) ESTABLISHMENT OF BUSINESS PROC13 ESSES.—The Chief Intelligence Officer shall—

14 ‘‘(A) establish Department-wide procedures

15 for the review and analysis of information gath16 ered from sources in State, local, and tribal

17 government and the private sector;

18 ‘‘(B) as appropriate, integrate such infor19 mation into the information gathered by the

20 Department and other departments and agen21 cies of the Federal Government; and

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

23 appropriate, within the Department and to

24 other departments and agencies of the Federal

25 Government.
†

11

S 4 ES

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

2 mechanisms to provide feedback regarding the anal3 ysis and utility of information provided by any entity

4 of State, local, or tribal government or the private

5 sector that gathers information and provides such

6 information to the Department.

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

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

9 shall provide to employees of the Department oppor10 tunities for training and education to develop an un11 derstanding of—

12 ‘‘(A) the definition of homeland security

13 information; and

14 ‘‘(B) how information available to such

15 employees as part of their duties—

16 ‘‘(i) might qualify as homeland secu17 rity information; and

18 ‘‘(ii) might be relevant to the intel19 ligence components of the Department.

20 ‘‘(2) EVALUATIONS.—The Chief Intelligence Of21 ficer shall—

22 ‘‘(A) on an ongoing basis, evaluate how

23 employees of the Office of Intelligence and

24 Analysis and the intelligence components of the

25 Department are utilizing homeland security in-
†

12

S 4 ES

1 formation, sharing information within the De2 partment, as described in this subtitle, and par3 ticipating in the information sharing environ4 ment established under section 1016 of the In5 telligence Reform and Terrorism Prevention Act

6 of 2004 (6 U.S.C. 485); and

7 ‘‘(B) provide a report regarding any eval8 uation under subparagraph (A) to the appro9 priate component heads.

10 ‘‘SEC. 205. COORDINATION WITH INFORMATION SHARING

11 ENVIRONMENT.

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

13 shall be—

14 ‘‘(1) implemented in coordination with the pro15 gram manager for the information sharing environ16 ment established under section 1016 of the Intel17 ligence Reform and Terrorism Prevention Act of

18 2004 (6 U.S.C. 485); and

19 ‘‘(2) consistent with and support the establish20 ment of that environment, and any policies, guide21 lines, procedures, instructions, or standards estab22 lished by the President or, as appropriate, the pro23 gram manager for the implementation and manage24 ment of that environment.’’.
†

13

S 4 ES

1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—

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

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

5 121(d)) is amended—

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

7 (ii) by redesignating paragraphs (8)

8 through (19) as paragraphs (7) through

9 (18), respectively.

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

11 contents in section 1(b) of the Homeland Secu12 rity Act of 2002 (6 U.S.C. 101 et seq.) is

13 amended by inserting after the item relating to

14 section 202 the following:

‘‘Sec. 203. Homeland Security Advisory System.

‘‘Sec. 204. Homeland Security Information Sharing.

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

15 (b) INTELLIGENCE COMPONENT DEFINED.—

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

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

18 (A) by redesignating paragraphs (9)

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

20 respectively; and

21 (B) by inserting after paragraph (8) the

22 following:

23 ‘‘(9) The term ‘intelligence component of the

24 Department’ means any directorate, agency, or other
†

14

S 4 ES

1 element or entity of the Department that gathers,

2 receives, analyzes, produces, or disseminates home3 land security information.’’.

4 (2) TECHNICAL AND CONFORMING AMEND5 MENTS.—

6 (A) HOMELAND SECURITY ACT OF 2002.—

7 Section 501(11) of the Homeland Security Act

8 of 2002 (6 U.S.C. 311(11)) is amended by

9 striking ‘‘section 2(10)(B)’’ and inserting ‘‘sec10 tion 2(11)(B)’’.

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

12 14, United States Code, is amended by striking

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

14 2002 (6 U.S.C. 101(15))’’ and inserting ‘‘sec15 tion 2(16) of the Homeland Security Act of

16 2002 (6 U.S.C. 101(16))’’.

17 (c) RESPONSIBILITIES OF THE UNDER SECRETARY

18 FOR INFORMATION ANALYSIS AND INFRASTRUCTURE

19 PROTECTION.—Section 201(d) of the Homeland Security

20 Act of 2002 (6 U.S.C. 121(d)) is amended—

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

22 of the mission responsibilities of the Department

23 and consistent with the functions of the National

24 Counterterrorism Center established under section

25 119 of the National Security Act of 1947 (50 U.S.C.
†

15

S 4 ES

1 50 U.S.C. 404o),’’ after ‘‘and to integrate such in2 formation’’; and

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

4 by subsection (a)(2)(A) of this section, and inserting

5 the following:

6 ‘‘(7) To review, analyze, and make rec7 ommendations for improvements in the policies and

8 procedures governing the sharing of intelligence in9 formation, intelligence-related information, and other

10 information relating to homeland security within the

11 Federal Government and among the Federal Govern12 ment and State, local, and tribal government agen13 cies and authorities, consistent with the information

14 sharing environment established under section 1016

15 of the Intelligence Reform and Terrorism Prevention

16 Act of 2004 (6 U.S.C. 485) 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 SEC. 112. INFORMATION SHARING.

22 Section 1016 of the Intelligence Reform and Ter23 rorist Prevention Act of 2004 (6 U.S.C. 485) is

24 amended—

25 (1) in subsection (a)—
†

16

S 4 ES

1 (A) by redesignating paragraphs (1)

2 through (4) as paragraphs (2) through (5), re3 spectively;

4 (B) by inserting before paragraph (2), as

5 so redesignated, the following:

6 ‘‘(1) HOMELAND SECURITY INFORMATION.—

7 The term ‘homeland security information’ has the

8 meaning given that term in section 892 of the

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

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

11 (i) by redesignating subparagraphs

12 (A) through (D) as clauses (i) through

13 (iv), respectively, and adjusting the margin

14 accordingly;

15 (ii) by striking ‘‘ ‘terrorism informa16 tion’ means’’ and inserting the following:

17 ‘‘ ‘terrorism information’—

18 ‘‘(A) means’’;

19 (iii) in subparagraph (A)(iv), as so re20 designated, by striking the period at the

21 end and inserting ‘‘; and’’; and

22 (iv) by adding at the end the fol23 lowing:
†

17

S 4 ES

1 ‘‘(B) includes homeland security informa2 tion and weapons of mass destruction informa3 tion.’’; and

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

5 ‘‘(6) WEAPONS OF MASS DESTRUCTION INFOR6 MATION.—The term ‘weapons of mass destruction

7 information’ means information that could reason8 ably be expected to assist in the development, pro9 liferation, or use of a weapon of mass destruction

10 (including chemical, biological, radiological, and nu11 clear weapons) that could be used by a terrorist or

12 a terrorist organization against the United States,

13 including information about the location of any

14 stockpile of nuclear materials that could be exploited

15 for use in such a weapon that could be used by a

16 terrorist or a terrorist organization against the

17 United States.’’;

18 (2) in subsection (b)(2)—

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

20 ‘‘and’’ at the end;

21 (B) in subparagraph (I), by striking the

22 period at the end and inserting a semicolon;

23 and

24 (C) by adding at the end the following:
†

18

S 4 ES

1 ‘‘(J) integrates the information within the

2 scope of the information sharing environment,

3 including any such information in legacy tech4 nologies;

5 ‘‘(K) integrates technologies, including all

6 legacy technologies, through Internet-based

7 services;

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

9 operational activities without the need to cen10 tralize information within the scope of the in11 formation sharing environment;

12 ‘‘(M) permits analysts to collaborate both

13 independently and in a group (commonly known

14 as ‘collective and noncollective collaboration’),

15 and across multiple levels of national security

16 information and controlled unclassified informa17 tion;

18 ‘‘(N) provides a resolution process that en19 ables changes by authorized officials regarding

20 rules and policies for the access, use, and reten21 tion of information within the scope of the in22 formation sharing environment; and

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

24 and immutable audit capabilities, to the max25 imum extent practicable.’’;
†

19

S 4 ES

1 (3) in subsection (f)—

2 (A) in paragraph (1)—

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

4 period beginning on the date of designation

5 under this paragraph unless sooner’’ and

6 inserting ‘‘until’’; and

7 (ii) by striking ‘‘The program man8 ager shall have and exercise government9 wide authority.’’ and inserting ‘‘Except as

10 otherwise expressly provided by law, the

11 program manager, in consultation with the

12 head of any affected department or agency,

13 shall have and exercise governmentwide

14 authority over the sharing of information

15 within the scope of the information sharing

16 environment by all Federal departments,

17 agencies, and components, irrespective of

18 the Federal department, agency, or compo19 nent in which the program manager may

20 be administratively located.’’; and

21 (B) in paragraph (2)(A)—

22 (i) by redesignating clause (iii) as

23 clause (v); and

24 (ii) by striking clause (ii) and insert25 ing the following:
†

20

S 4 ES

1 ‘‘(ii) assist in the development of poli2 cies, as appropriate, to foster the develop3 ment and proper operation of the ISE;

4 ‘‘(iii) issue governmentwide proce5 dures, guidelines, instructions, and func6 tional standards, as appropriate, for the

7 management, development, and proper op8 eration of the ISE;

9 ‘‘(iv) identify and resolve information

10 sharing disputes between Federal depart11 ments, agencies, and components; and’’;

12 (4) in subsection (g)—

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

14 the two-year period beginning on the date of

15 the initial designation of the program manager

16 by the President under subsection (f)(1), unless

17 sooner’’ and inserting ‘‘until’’;

18 (B) in paragraph (2)—

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

20 ‘‘and’’ at the end;

21 (ii) by redesignating subparagraph

22 (G) as subparagraph (I); and

23 (iii) by inserting after subparagraph

24 (F) the following:
†

21

S 4 ES

1 ‘‘(G) assist the program manager in identi2 fying and resolving information sharing dis3 putes between Federal departments, agencies,

4 and components;

5 ‘‘(H) identify appropriate personnel for as6 signment to the program manager to support

7 staffing needs identified by the program man8 ager; and’’;

9 (C) in paragraph (4), by inserting ‘‘(in10 cluding any subsidiary group of the Information

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

12 and

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

14 ‘‘(5) DETAILEES.—Upon a request by the Di15 rector of National Intelligence, the departments and

16 agencies represented on the Information Sharing

17 Council shall detail to the program manager, on a

18 reimbursable basis, appropriate personnel identified

19 under paragraph (2)(H).’’;

20 (5) in subsection (h)(1), by striking ‘‘and annu21 ally thereafter’’ and inserting ‘‘and not later than

22 June 30 of each year thereafter’’; and

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

24 following:
†

22

S 4 ES

1 ‘‘(j) REPORT ON THE INFORMATION SHARING ENVI2 RONMENT.—

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

4 after the date of enactment of the Improving Amer5 ica’s Security Act of 2007, the President shall report

6 to the Committee on Homeland Security and Gov7 ernmental Affairs of the Senate, the Select Com8 mittee on Intelligence of the Senate, the Committee

9 on Homeland Security of the House of Representa10 tives, and the Permanent Select Committee on Intel11 ligence of the House of Representatives on the feasi12 bility of—

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

14 process (including ‘Originator Control’) in15 tended to, or having the effect of, restricting

16 the sharing of information within the scope of

17 the information sharing environment between

18 and among participants in the information

19 sharing environment, unless the President

20 has—

21 ‘‘(i) specifically exempted categories of

22 information from such elimination; and

23 ‘‘(ii) reported that exemption to the

24 committees of Congress described in the

25 matter preceding this subparagraph; and
†

23

S 4 ES

1 ‘‘(B) continuing to use Federal agency

2 standards in effect on such date of enactment

3 for the collection, sharing, and access to infor4 mation within the scope of the information

5 sharing environment relating to citizens and

6 lawful permanent residents;

7 ‘‘(C) replacing the standards described in

8 subparagraph (B) with a standard that would

9 allow mission-based or threat-based permission

10 to access or share information within the scope

11 of the information sharing environment for a

12 particular purpose that the Federal Govern13 ment, through an appropriate process, has de14 termined to be lawfully permissible for a par15 ticular agency, component, or employee (com16 monly known as an ‘authorized use’ standard);

17 and

18 ‘‘(D) the use of anonymized data by Fed19 eral departments, agencies, or components col20 lecting, possessing, disseminating, or handling

21 information within the scope of the information

22 sharing environment, in any cases in which—

23 ‘‘(i) the use of such information is

24 reasonably expected to produce results ma25 terially equivalent to the use of information
†

24

S 4 ES

1 that is transferred or stored in a non2 anonymized form; and

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

4 mission of that department, agency, or

5 component (including any mission under a

6 Federal statute or directive of the Presi7 dent) that involves the storage, retention,

8 sharing, or exchange of personally identifi9 able information.

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

11 ‘anonymized data’ means data in which the indi12 vidual to whom the data pertains is not identifiable

13 with reasonable efforts, including information that

14 has been encrypted or hidden through the use of

15 other technology.

16 ‘‘(k) ADDITIONAL POSITIONS.—The program man17 ager is authorized to hire not more than 40 full-time em18 ployees to assist the program manager in—

19 ‘‘(1) identifying and resolving information shar20 ing disputes between Federal departments, agencies,

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

22 ‘‘(2) other activities associated with the imple23 mentation of the information sharing environment,

24 including—
†

25

S 4 ES

1 ‘‘(A) implementing the requirements under

2 subsection (b)(2); and

3 ‘‘(B) any additional implementation initia4 tives to enhance and expedite the creation of

5 the information sharing environment.

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

7 authorized to be appropriated to carry out this section

8 $30,000,000 for each of fiscal years 2008 and 2009.’’.

9 SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR

10 STATE AND LOCAL GOVERNMENT OFFICIALS.

11 (a) CURRICULUM.—The Secretary, acting through

12 the Chief Intelligence Officer, shall—

13 (1) develop curriculum for the training of State,

14 local, and tribal government officials relating to the

15 handling, review, and development of intelligence

16 material; and

17 (2) ensure that the curriculum includes execu18 tive level training.

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

20 Law Enforcement Training Center and other existing

21 Federal entities with the capacity and expertise to train

22 State, local, and tribal government officials based on the

23 curriculum developed under subsection (a) shall be used

24 to carry out the training programs created under this sec25 tion. If such entities do not have the capacity, resources,
†

26

S 4 ES

1 or capabilities to conduct such training, the Secretary may

2 approve another entity to conduct the training.

3 (c) CONSULTATION.—In carrying out the duties de4 scribed in subsection (a), the Chief Intelligence Officer

5 shall consult with the Director of the Federal Law En6 forcement Training Center, the Attorney General, the Di7 rector of National Intelligence, the Administrator of the

8 Federal Emergency Management Agency, and other ap9 propriate parties, such as private industry, institutions of

10 higher education, nonprofit institutions, and other intel11 ligence agencies of the Federal Government.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There

13 are authorized to be appropriated such sums as are nec14 essary to carry out this section.

15 SEC. 114. INFORMATION SHARING INCENTIVES.

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

17 45 of title 5, United States Code, the President or the

18 head of an agency, in consultation with the program man19 ager designated under section 1016 of the Intelligence Re20 form and Terrorist Prevention Act of 2004 (6 U.S.C.

21 485), may consider the success of an employee in sharing

22 information within the scope of the information sharing

23 environment established under that section in a manner

24 consistent with any policies, guidelines, procedures, in25 structions, or standards established by the President or,
†

27

S 4 ES

1 as appropriate, the program manager of that environment

2 for the implementation and management of that environ3 ment.

4 (b) OTHER INCENTIVES.—The head of each depart5 ment or agency described in section 1016(i) of the Intel6 ligence Reform and Terrorist Prevention Act of 2004 (6

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

8 designated under section 1016 of the Intelligence Reform

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

10 shall adopt best practices regarding effective ways to edu11 cate and motivate officers and employees of the Federal

12 Government to engage in the information sharing environ13 ment, including—

14 (1) promotions and other nonmonetary awards;

15 and

16 (2) publicizing information sharing accomplish17 ments by individual employees and, where appro18 priate, the tangible end benefits that resulted.

19 Subtitle B—Homeland Security

20 Information Sharing Partnerships

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

22 INITIATIVE.

23 (a) IN GENERAL.—Subtitle A of title II of the Home24 land Security Act of 2002 (6 U.S.C. 121 et seq.), as
†

28

S 4 ES

1 amended by this Act, is amended by adding at the end

2 the following:

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

4 INITIATIVE.

5 ‘‘(a) DEFINITIONS.—In this section—

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

7 the Chief Intelligence Officer of the Department;

8 ‘‘(2) the term ‘fusion center’ means a collabo9 rative effort of 2 or more Federal, State, local, or

10 tribal government agencies that combines resources,

11 expertise, or information with the goal of maxi12 mizing the ability of such agencies to detect, pre13 vent, investigate, apprehend, and respond to criminal

14 or terrorist activity;

15 ‘‘(3) the term ‘information sharing environ16 ment’ means the information sharing environment

17 established under section 1016 of the Intelligence

18 Reform and Terrorism Prevention Act of 2004 (6

19 U.S.C. 485);

20 ‘‘(4) the term ‘intelligence analyst’ means an

21 individual who regularly advises, administers, super22 vises, or performs work in the collection, analysis,

23 evaluation, reporting, production, or dissemination

24 of information on political, economic, social, cultural,

25 physical, geographical, scientific, or military condi-
†

29

S 4 ES

1 tions, trends, or forces in foreign or domestic areas

2 that directly or indirectly affect national security;

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

4 the collection and analysis of information to produce

5 an intelligence end product designed to inform law

6 enforcement decision making at the tactical and

7 strategic levels; and

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

9 meaning given that term in section 1016 of the In10 telligence Reform and Terrorist Prevention Act of

11 2004 (6 U.S.C. 485).

12 ‘‘(b) ESTABLISHMENT.—The Secretary, in consulta13 tion with the program manager of the information sharing

14 environment established under section 1016 of the Intel15 ligence Reform and Terrorist Prevention Act of 2004 (6

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

17 the Department, the Officer for Civil Rights and Civil Lib18 erties of the Department, and the Privacy and Civil Lib19 erties Oversight Board established under section 1061 of

20 the Intelligence Reform and Terrorist Prevention Act of

21 2004 (5 U.S.C. 601 note), shall establish a State, Local,

22 and Regional Fusion Center Initiative to establish part23 nerships with State, local, and regional fusion centers.
†

30

S 4 ES

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

2 Through the State, Local, and Regional Fusion Center

3 Initiative, the Secretary shall—

4 ‘‘(1) coordinate with the principal officer of

5 each State, local, or regional fusion center and the

6 officer designated as the Homeland Security Advisor

7 of the State;

8 ‘‘(2) provide operational and intelligence advice

9 and assistance to State, local, and regional fusion

10 centers;

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

12 regional fusion centers into efforts to establish an

13 information sharing environment;

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

15 exercises, to regularly assess the capability of indi16 vidual and regional networks of State, local, and re17 gional fusion centers to integrate the efforts of such

18 networks with the efforts of the Department;

19 ‘‘(5) coordinate with other relevant Federal en20 tities engaged in homeland security-related activities;

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

22 assistance to State, local, and regional fusion cen23 ters;

24 ‘‘(7) review homeland security information

25 gathered by State, local, and regional fusion centers
†

31

S 4 ES

1 and incorporate relevant information with homeland

2 security information of the Department;

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

4 local, and regional fusion centers;

5 ‘‘(9) serve as a point of contact to ensure the

6 dissemination of relevant homeland security informa7 tion;

8 ‘‘(10) facilitate close communication and coordi9 nation between State, local, and regional fusion cen10 ters and the Department;

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

12 centers with expertise on Department resources and

13 operations;

14 ‘‘(12) provide training to State, local, and re15 gional fusion centers and encourage such fusion cen16 ters to participate in terrorist threat-related exer17 cises conducted by the Department; and

18 ‘‘(13) carry out such other duties as the Sec19 retary determines are appropriate.

20 ‘‘(d) PERSONNEL ASSIGNMENT.—

21 ‘‘(1) IN GENERAL.—The Chief Intelligence Offi22 cer may, to the maximum extent practicable, assign

23 officers and intelligence analysts from components of

24 the Department to State, local, and regional fusion

25 centers.
†

32

S 4 ES

1 ‘‘(2) PERSONNEL SOURCES.—Officers and intel2 ligence analysts assigned to fusion centers under this

3 subsection may be assigned from the following De4 partment components, in consultation with the re5 spective component head:

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

7 its successor.

8 ‘‘(B) Office of Infrastructure Protection.

9 ‘‘(C) Transportation Security Administra10 tion.

11 ‘‘(D) United States Customs and Border

12 Protection.

13 ‘‘(E) United States Immigration and Cus14 toms Enforcement.

15 ‘‘(F) United States Coast Guard.

16 ‘‘(G) Other intelligence components of the

17 Department, as determined by the Secretary.

18 ‘‘(3) PARTICIPATION.—

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

20 develop qualifying criteria for a fusion center to

21 participate in the assigning of Department offi22 cers or intelligence analysts under this section.

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

24 under subparagraph (A) may include—
†

33

S 4 ES

1 ‘‘(i) whether the fusion center,

2 through its mission and governance struc3 ture, focuses on a broad counterterrorism

4 approach, and whether that broad ap5 proach is pervasive through all levels of the

6 organization;

7 ‘‘(ii) whether the fusion center has

8 sufficient numbers of adequately trained

9 personnel to support a broad

10 counterterrorism mission;

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

12 ‘‘(I) access to relevant law en13 forcement, emergency response, pri14 vate sector, open source, and national

15 security data; and

16 ‘‘(II) the ability to share and

17 analytically exploit that data for au18 thorized purposes;

19 ‘‘(iv) whether the fusion center is ade20 quately funded by the State, local, or re21 gional government to support its

22 counterterrorism mission; and

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

24 the fusion center to the particular source
†

34

S 4 ES

1 component of Department officers or intel2 ligence analysts.

3 ‘‘(4) PREREQUISITE.—

4 ‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY,

5 AND CIVIL LIBERTIES TRAINING.—Before being

6 assigned to a fusion center under this section,

7 an officer or intelligence analyst shall

8 undergo—

9 ‘‘(i) appropriate intelligence analysis

10 or information sharing training using an

11 intelligence-led policing curriculum that is

12 consistent with—

13 ‘‘(I) standard training and edu14 cation programs offered to Depart15 ment law enforcement and intelligence

16 personnel; and

17 ‘‘(II) the Criminal Intelligence

18 Systems Operating Policies under part

19 23 of title 28, Code of Federal Regu20 lations (or any corresponding similar

21 regulation or ruling);

22 ‘‘(ii) appropriate privacy and civil lib23 erties training that is developed, supported,

24 or sponsored by the Privacy Officer ap25 pointed under section 222 and the Officer
†

35

S 4 ES

1 for Civil Rights and Civil Liberties of the

2 Department, in partnership with the Pri3 vacy and Civil Liberties Oversight Board

4 established under section 1061 of the In5 telligence Reform and Terrorism Preven6 tion Act of 2004 (5 U.S.C. 601 note); and

7 ‘‘(iii) such other training prescribed

8 by the Chief Intelligence Officer.

9 ‘‘(B) PRIOR WORK EXPERIENCE IN

10 AREA.—In determining the eligibility of an offi11 cer or intelligence analyst to be assigned to a

12 fusion center under this section, the Chief Intel13 ligence Officer shall consider the familiarity of

14 the officer or intelligence analyst with the

15 State, locality, or region, as determined by such

16 factors as whether the officer or intelligence

17 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—
†

36

S 4 ES

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

3 under this section has the appropriate clearance

4 to contribute effectively to the mission of the

5 fusion 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

14 analyst assigned to a fusion center under this section

15 shall—

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

17 emergency response providers of State, local, and

18 tribal governments and fusion center personnel in

19 using Federal homeland security information to de20 velop a comprehensive and accurate threat picture;

21 ‘‘(2) review homeland security-relevant informa22 tion from law enforcement agencies and other emer23 gency response providers of State, local, and tribal

24 government;
†

37

S 4 ES

1 ‘‘(3) create intelligence and other information

2 products derived from such information and other

3 homeland security-relevant information provided by

4 the Department;

5 ‘‘(4) assist in the dissemination of such prod6 ucts, under the coordination of the Chief Intelligence

7 Officer, to law enforcement agencies and other emer8 gency response providers of State, local, and tribal

9 government; and

10 ‘‘(5) assist in the dissemination of such prod11 ucts to the Chief Intelligence Officer for collection

12 and dissemination to other fusion centers.

13 ‘‘(f) DATABASE ACCESS.—In order to fulfill the ob14 jectives described under subsection (e), each officer or in15 telligence analyst assigned to a fusion center under this

16 section shall have direct access to all relevant Federal

17 databases and information systems, consistent with any

18 policies, guidelines, procedures, instructions, or standards

19 established by the President or, as appropriate, the pro20 gram manager of the information sharing environment for

21 the implementation and management of that environment.

22 ‘‘(g) CONSUMER FEEDBACK.—

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

24 a mechanism for any State, local, or tribal emer25 gency response provider who is a consumer of the in-
†

38

S 4 ES

1 telligence or other information products described

2 under subsection (e) to voluntarily provide feedback

3 to the Department on the quality and utility of such

4 intelligence products.

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

6 feedback under paragraph (1) shall be provided elec7 tronically to Congress and appropriate personnel of

8 the Department.

9 ‘‘(h) RULE OF CONSTRUCTION.—

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

11 under this section shall supplement the authorities

12 granted under section 201(d) and nothing in this

13 section shall be construed to abrogate the authorities

14 granted under section 201(d).

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

16 shall be construed to require a State, local, or re17 gional government or entity to accept the assign18 ment of officers or intelligence analysts of the De19 partment into the fusion center of that State, local20 ity, or region.

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

22 with the Attorney General of the United States, shall es23 tablish guidelines for fusion centers operated by State and

24 local governments, to include standards that any such fu25 sion center shall—
†

39

S 4 ES

1 ‘‘(1) collaboratively develop a mission state2 ment, identify expectations and goals, measure per3 formance, and determine effectiveness for that fu4 sion center;

5 ‘‘(2) create a representative governance struc6 ture that includes emergency response providers and,

7 as appropriate, the private sector;

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

9 sharing of information and intelligence among Fed10 eral, State, tribal, and local government agencies

11 (including emergency response providers), the pri12 vate sector, and the public, consistent with any poli13 cies, guidelines, procedures, instructions, or stand14 ards established by the President or, as appropriate,

15 the program manager of the information sharing en16 vironment;

17 ‘‘(4) leverage the databases, systems, and net18 works available from public and private sector enti19 ties to maximize information sharing;

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

21 and civil liberties policy consistent with Federal,

22 State, and local law;

23 ‘‘(6) ensure appropriate security measures are

24 in place for the facility, data, and personnel;
†

40

S 4 ES

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

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

3 center;

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

5 products to recipients of fusion center intelligence

6 and information; and

7 ‘‘(9) incorporate emergency response providers,

8 and, as appropriate, the private sector, into all rel9 evant phases of the intelligence and fusion process

10 through full time representatives or liaison officers.

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

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

13 $10,000,000 for each of fiscal years 2008 through 2012,

14 to carry out this section, including for hiring officers and

15 intelligence analysts to replace officers and intelligence an16 alysts who are assigned to fusion centers under this sec17 tion.’’.

18 (b) TECHNICAL AND CONFORMING AMENDMENT.—

19 The table of contents in section 1(b) of the Homeland Se20 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by

21 inserting after the item relating to section 205, as added

22 by this Act, the following:

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

23 (c) REPORTS.—

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

25 90 days after the date of enactment of this Act and
†

41

S 4 ES

1 before the State, Local, and Regional Fusion Center

2 Initiative under section 206 of the Homeland Secu3 rity Act of 2002, as added by subsection (a), (in this

4 section referred to as the ‘‘program’’) has been im5 plemented, the Secretary, in consultation with the

6 Privacy Officer of the Department, the Officer for

7 Civil Rights and Civil Liberties of the Department,

8 and the Privacy and Civil Liberties Oversight Board

9 established under section 1061 of the Intelligence

10 Reform and Terrorist Prevention Act of 2004 (5

11 U.S.C. 601 note), shall submit to the Committee on

12 Homeland Security and Governmental Affairs of the

13 Senate and the Committee on Homeland Security of

14 the House of Representatives a report that contains

15 a concept of operations for the program, which

16 shall—

17 (A) include a clear articulation of the pur18 poses, goals, and specific objectives for which

19 the program is being developed;

20 (B) identify stakeholders in the program

21 and provide an assessment of their needs;

22 (C) contain a developed set of quantitative

23 metrics to measure, to the extent possible, pro24 gram output;
†

42

S 4 ES

1 (D) contain a developed set of qualitative

2 instruments (including surveys and expert inter3 views) to assess the extent to which stake4 holders believe their needs are being met; and

5 (E) include a privacy and civil liberties im6 pact assessment.

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

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

9 implemented, the Privacy and Civil Liberties Over10 sight Board established under section 1061 of the

11 Intelligence Reform and Terrorist Prevention Act of

12 2004 (5 U.S.C. 601 note), in consultation with the

13 Privacy Officer of the Department and the Officer

14 for Civil Rights and Civil Liberties of the Depart15 ment, shall submit to Congress, the Secretary, and

16 the Chief Intelligence Officer of the Department a

17 report on the privacy and civil liberties impact of the

18 program.

19 SEC. 122. HOMELAND SECURITY INFORMATION SHARING

20 FELLOWS PROGRAM.

21 (a) ESTABLISHMENT OF PROGRAM.—Subtitle A of

22 title II of the Homeland Security Act of 2002 (6 U.S.C.

23 121 et seq.), as amended by this Act, is amended by add24 ing at the end the following:
†

43

S 4 ES

1 ‘‘SEC. 207. HOMELAND SECURITY INFORMATION SHARING

2 FELLOWS PROGRAM.

3 ‘‘(a) ESTABLISHMENT.—

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

5 through the Chief Intelligence Officer, and in con6 sultation with the Chief Human Capital Officer,

7 shall establish a fellowship program in accordance

8 with this section for the purpose of—

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

10 enforcement officers and intelligence analysts to

11 the Department in accordance with subchapter

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

13 to participate in the work of the Office of Intel14 ligence and Analysis in order to become familiar

15 with—

16 ‘‘(i) the relevant missions and capa17 bilities of the Department and other Fed18 eral agencies; and

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

20 personnel of the Office of Intelligence and

21 Analysis; and

22 ‘‘(B) promoting information sharing be23 tween the Department and State, local, and

24 tribal law enforcement officers and intelligence

25 analysts by assigning such officers and analysts

26 to—
†

44

S 4 ES

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

2 Department to assist in the representation

3 of State, local, and tribal homeland secu4 rity information needs;

5 ‘‘(ii) identify homeland security infor6 mation of interest to State, local, and trib7 al law enforcement officers, emergency re8 sponse providers, and intelligence analysts;

9 and

10 ‘‘(iii) assist Department analysts in

11 preparing and disseminating terrorism-re12 lated products that are tailored to State,

13 local, and tribal emergency response pro14 viders, law enforcement officers, and intel15 ligence analysts and designed to prepare

16 for and thwart terrorist attacks.

17 ‘‘(2) PROGRAM NAME.—The program under

18 this section shall be known as the ‘Homeland Secu19 rity Information Sharing Fellows Program’.

20 ‘‘(b) ELIGIBILITY.—

21 ‘‘(1) IN GENERAL.—In order to be eligible for

22 selection as an Information Sharing Fellow under

23 the program under this section, an individual shall—

24 ‘‘(A) have homeland security-related re25 sponsibilities;
†

45

S 4 ES

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

2 security clearance;

3 ‘‘(C) possess a valid need for access to

4 classified information, as determined by the

5 Chief Intelligence Officer;

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

7 and

8 ‘‘(E) have undergone appropriate privacy

9 and civil liberties training that is developed,

10 supported, or sponsored by the Privacy Officer

11 and the Officer for Civil Rights and Civil Lib12 erties, in partnership with the Privacy and Civil

13 Liberties Oversight Board established under

14 section 1061 of the Intelligence Reform and

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

16 note).

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

18 the term ‘eligible entity’ means—

19 ‘‘(A) a State, local, or regional fusion cen20 ter;

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

22 other government entity that serves a major

23 metropolitan area, suburban area, or rural area,

24 as determined by the Secretary;
†

46

S 4 ES

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

2 other government entity with port, border, or

3 agricultural responsibilities, as determined by

4 the Secretary;

5 ‘‘(D) a tribal law enforcement or other au6 thority; or

7 ‘‘(E) such other entity as the Secretary de8 termines is appropriate.

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

10 tribal law enforcement or other government entity shall

11 be required to participate in the Homeland Security Infor12 mation Sharing Fellows Program.

13 ‘‘(d) PROCEDURES FOR NOMINATION AND SELEC14 TION.—

15 ‘‘(1) IN GENERAL.—The Chief Intelligence Offi16 cer shall establish procedures to provide for the

17 nomination and selection of individuals to participate

18 in the Homeland Security Information Sharing Fel19 lows Program.

20 ‘‘(2) LIMITATIONS.—The Chief Intelligence Of21 ficer shall—

22 ‘‘(A) select law enforcement officers and

23 intelligence analysts representing a broad cross24 section of State, local, and tribal agencies; and
†

47

S 4 ES

1 ‘‘(B) ensure that the number of Informa2 tion Sharing Fellows selected does not impede

3 the activities of the Office of Intelligence and

4 Analysis.

5 ‘‘(e) DEFINITIONS.—In this section—

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

7 the Chief Intelligence Officer of the Department;

8 and

9 ‘‘(2) the term ‘Office of Intelligence and Anal10 ysis’ means the office of the Chief Intelligence Offi11 cer.’’.

12 (b) TECHNICAL AND CONFORMING AMENDMENT.—

13 The table of contents in section 1(b) of the Homeland Se14 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by

15 inserting after the item relating to section 206, as added

16 by this Act, the following:

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

17 (c) REPORTS.—

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

19 90 days after the date of enactment of this Act, and

20 before the implementation of the Homeland Security

21 Information Sharing Fellows Program under section

22 207 of the Homeland Security Act of 2002, as

23 added by subsection (a), (in this section referred to

24 as the ‘‘Program’’) the Secretary, in consultation

25 with the Privacy Officer of the Department, the Of-
†

48

S 4 ES

1 ficer for Civil Rights and Civil Liberties of the De2 partment, and the Privacy and Civil Liberties Over3 sight Board established under section 1061 of the

4 Intelligence Reform and Terrorist Prevention Act of

5 2004 (5 U.S.C. 601 note), shall submit to the Com6 mittee on Homeland Security and Governmental Af7 fairs of the Senate and the Committee on Homeland

8 Security of the House of Representatives a report

9 that contains a concept of operations for the Pro10 gram, which shall include a privacy and civil liberties

11 impact assessment.

12 (2) REVIEW OF PRIVACY IMPACT.—Not later

13 than 1 year after the date on which the Program is

14 implemented, the Privacy and Civil Liberties Over15 sight Board established under section 1061 of the

16 Intelligence Reform and Terrorist Prevention Act of

17 2004 (5 U.S.C. 601 note), in consultation with the

18 Privacy Officer of the Department and the Officer

19 for Civil Rights and Civil Liberties of the Depart20 ment, shall submit to Congress, the Secretary, and

21 the Chief Intelligence Officer of the Department a

22 report on the privacy and civil liberties impact of the

23 Program.
†

49

S 4 ES

1 SEC. 123. RURAL POLICING INSTITUTE.

2 (a) IN GENERAL.—There is established a Rural Po3 licing Institute, which shall be administered by the Office

4 of State and Local Training of the Federal Law Enforce5 ment Training Center (based in Glynco, Georgia), to—

6 (1) evaluate the needs of law enforcement agen7 cies of units of local government and tribal govern8 ments located in rural areas;

9 (2) develop expert training programs designed

10 to address the needs of rural law enforcement agen11 cies regarding combating methamphetamine addic12 tion and distribution, domestic violence, law enforce13 ment response related to school shootings, and other

14 topics identified in the evaluation conducted under

15 paragraph (1);

16 (3) provide the training programs described in

17 paragraph (2) to law enforcement agencies of units

18 of local government and tribal governments located

19 in rural areas; and

20 (4) conduct outreach efforts to ensure that

21 training programs under the Rural Policing Institute

22 reach law enforcement officers of units of local gov23 ernment and tribal governments located in rural

24 areas.

25 (b) CURRICULA.—The training at the Rural Policing

26 Institute established under subsection (a) shall be config-
†

50

S 4 ES

1 ured in a manner so as to not duplicate or displace any

2 law enforcement program of the Federal Law Enforce3 ment Training Center in existence on the date of enact4 ment of this Act.

5 (c) DEFINITION.—In this section, the term ‘‘rural’’

6 means area that is not located in a metropolitan statistical

7 area, as defined by the Office of Management and Budget.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated to carry out this section

10 (including for contracts, staff, and equipment)—

11 (1) $10,000,000 for fiscal year 2008; and

12 (2) $5,000,000 for each of fiscal years 2009

13 through 2013.

14 Subtitle C—Interagency Threat As15 sessment and Coordination

16 Group

17 SEC. 131. INTERAGENCY THREAT ASSESSMENT AND CO18 ORDINATION GROUP.

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

20 information sharing environment established under section

21 1016 of the Intelligence Reform and Terrorism Prevention

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

23 oversee and coordinate the creation and ongoing operation

24 of an Interagency Threat Assessment and Coordination

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

51

S 4 ES

1 (b) RESPONSIBILITIES.—The ITACG shall facilitate

2 the production of federally coordinated products derived

3 from information within the scope of the information shar4 ing environment established under section 1016 of the In5 telligence Reform and Terrorism Prevention Act of 2004

6 (6 U.S.C. 485) and intended for distribution to State,

7 local, and tribal government officials and the private sec8 tor.

9 (c) OPERATIONS.—

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

11 at the facilities of the National Counterterrorism

12 Center of the Office of the Director of National In13 telligence.

14 (2) MANAGEMENT.—

15 (A) IN GENERAL.—The Secretary shall as16 sign a senior level officer to manage and direct

17 the administration of the ITACG.

18 (B) DISTRIBUTION.—The Secretary, in

19 consultation with the Attorney General and the

20 heads of other agencies, as appropriate, shall

21 determine how specific products shall be distrib22 uted to State, local, and tribal officials and pri23 vate sector partners under this section.

24 (C) STANDARDS FOR ADMISSION.—The

25 Secretary, acting through the Chief Intelligence
†

52

S 4 ES

1 Officer and in consultation with the Director of

2 National Intelligence, the Attorney General, and

3 the program manager of the information shar4 ing environment established under section 1016

5 of the Intelligence Reform and Terrorist Pre6 vention Act of 2004 (6 U.S.C. 485), shall es7 tablish standards for the admission of law en8 forcement and intelligence officials from a

9 State, local, or tribal government into the

10 ITACG.

11 (d) MEMBERSHIP.—

12 (1) IN GENERAL.—The ITACG shall include

13 representatives of—

14 (A) the Department;

15 (B) the Federal Bureau of Investigation;

16 (C) the Department of Defense;

17 (D) the Department of Energy;

18 (E) law enforcement and intelligence offi19 cials from State, local, and tribal governments,

20 as appropriate; and

21 (F) other Federal entities as appropriate.

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

23 information sharing environment, in consultation

24 with the Secretary of Defense, the Secretary, the Di25 rector of National Intelligence, and the Director of
†

53

S 4 ES

1 the Federal Bureau of Investigation shall develop

2 qualifying criteria and establish procedures for se3 lecting personnel assigned to the ITACG and for the

4 proper handling and safeguarding of information re5 lated to terrorism.

6 (e) INAPPLICABILITY OF THE FEDERAL ADVISORY

7 COMMITTEE ACT.—The ITACG and any subsidiary

8 groups thereof shall not be subject to the requirements

9 of the Federal Advisory Committee Act (5 U.S.C. App.).

10 TITLE II—HOMELAND SECURITY

11 GRANTS

12 SEC. 201. SHORT TITLE.

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

14 Grant Enhancement Act of 2007’’.

15 SEC. 202. HOMELAND SECURITY GRANT PROGRAM.

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

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

18 ‘‘TITLE XX—HOMELAND

19 SECURITY GRANTS

20 ‘‘SEC. 2001. DEFINITIONS.

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

22 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis23 trator’ means the Administrator of the Federal

24 Emergency Management Agency.
†

54

S 4 ES

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

2 ‘combined statistical area’ means a combined statis3 tical area, as defined by the Office of Management

4 and Budget.

5 ‘‘(3) DIRECTLY ELIGIBLE TRIBE.—The term

6 ‘directly eligible tribe’ means—

7 ‘‘(A) any Indian tribe that—

8 ‘‘(i) is located in the continental

9 United States;

10 ‘‘(ii) operates a law enforcement or

11 emergency response agency with the capac12 ity to respond to calls for law enforcement

13 or emergency services;

14 ‘‘(iii) is located—

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

16 international border or a coastline

17 bordering an ocean or international

18 waters;

19 ‘‘(II) within 10 miles of critical

20 infrastructure or has critical infra21 structure within its territory; or

22 ‘‘(III) within or contiguous to 1

23 of the 50 largest metropolitan statis24 tical areas in the United States; and
†

55

S 4 ES

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

2 State is not making funds distributed

3 under this title available to the Indian

4 tribe or consortium of Indian tribes for the

5 purpose for which the Indian tribe or con6 sortium of Indian tribes is seeking grant

7 funds; and

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

9 tribe satisfies the requirements of subparagraph

10 (A).

11 ‘‘(4) ELIGIBLE METROPOLITAN AREA.—The

12 term ‘eligible metropolitan area’ means the fol13 lowing:

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

15 more incorporated municipalities, counties, par16 ishes, or Indian tribes that—

17 ‘‘(i) is within—

18 ‘‘(I) any of the 100 largest met19 ropolitan statistical areas in the

20 United States; or

21 ‘‘(II) any combined statistical

22 area, of which any metropolitan sta23 tistical area described in subpara24 graph (A) is a part; and
†

56

S 4 ES

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

2 population in that metropolitan statistical

3 area.

4 ‘‘(B) OTHER COMBINATIONS.—Any other

5 combination of contiguous local or tribal gov6 ernments that are formally certified by the Ad7 ministrator as an eligible metropolitan area for

8 purposes of this title with the consent of the

9 State or States in which such local or tribal

10 governments are located.

11 ‘‘(C) INCLUSION OF ADDITIONAL LOCAL

12 GOVERNMENTS.—An eligible metropolitan area

13 may include additional local or tribal govern14 ments outside the relevant metropolitan statis15 tical area or combined statistical area that are

16 likely to be affected by, or be called upon to re17 spond to, a terrorist attack within the metro18 politan statistical area.

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

20 has the meaning given that term in section 4(e) of

21 the Indian Self-Determination Act (25 U.S.C.

22 450b(e)).

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

24 term ‘metropolitan statistical area’ means a metro-
†

57

S 4 ES

1 politan statistical area, as defined by the Office of

2 Management and Budget.

3 ‘‘(7) NATIONAL SPECIAL SECURITY EVENT.—

4 The term ‘National Special Security Event’ means a

5 designated event that, by virtue of its political, eco6 nomic, social, or religious significance, may be the

7 target of terrorism or other criminal activity.

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

9 means population according to the most recent

10 United States census population estimates available

11 at the start of the relevant fiscal year.

12 ‘‘(9) POPULATION DENSITY.—The term ‘popu13 lation density’ means population divided by land

14 area in square miles.

15 ‘‘(10) TARGET CAPABILITIES.—The term ‘tar16 get capabilities’ means the target capabilities for

17 Federal, State, local, and tribal government pre18 paredness for which guidelines are required to be es19 tablished under section 646(a) of the Post-Katrina

20 Emergency Management Reform Act of 2006 (6

21 U.S.C. 746(a)).

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

23 government’ means the government of an Indian

24 tribe.
†

58

S 4 ES

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

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

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

4 tribal governments for the purposes of this title.

5 ‘‘(b) PROGRAMS NOT AFFECTED.—This title shall

6 not be construed to affect any authority to award grants

7 under any of the following Federal programs:

8 ‘‘(1) The firefighter assistance programs au9 thorized under section 33 and 34 of the Federal

10 Fire Prevention and Control Act of 1974 (15 U.S.C.

11 2229 and 2229a).

12 ‘‘(2) The Urban Search and Rescue Grant Pro13 gram authorized under the Robert T. Stafford Dis14 aster Relief and Emergency Assistance Act (42

15 U.S.C. 5121 et seq.).

16 ‘‘(3) Grants to protect critical infrastructure,

17 including port security grants authorized under sec18 tion 70107 of title 46, United States Code, and the

19 grants authorized in title XIV and XV of the Im20 proving America’s Security Act of 2007.

21 ‘‘(4) The Metropolitan Medical Response Sys22 tem authorized under section 635 of the Post23 Katrina Emergency Management Reform Act of

24 2006 (6 U.S.C. 723).

25 ‘‘(5) Grant programs other than those adminis26 tered by the Department.
†

59

S 4 ES

1 ‘‘(c) RELATIONSHIP TO OTHER LAWS.—

2 ‘‘(1) IN GENERAL.—The grant programs au3 thorized under this title shall supercede all grant

4 programs authorized under section 1014 of the USA

5 PATRIOT Act (42 U.S.C. 3714).

6 ‘‘(2) PROGRAM INTEGRITY.—Each grant pro7 gram under this title, section 1809 of this Act, or

8 section 662 of the Post-Katrina Emergency Manage9 ment Reform Act of 2006 (6 U.S.C. 763) shall in10 clude, consistent with the Improper Payments Infor11 mation Act of 2002 (31 U.S.C. 3321 note), policies

12 and procedures for—

13 ‘‘(A) identifying activities funded under

14 any such grant program that are susceptible to

15 significant improper payments; and

16 ‘‘(B) reporting the incidence of improper

17 payments to the Department.

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

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

20 grants authorized under this title shall be governed

21 by the terms of this title and not by any other provi22 sion of law.

23 ‘‘(d) MINIMUM PERFORMANCE REQUIREMENTS.—

24 ‘‘(1) IN GENERAL.—The Administrator shall—
†

60

S 4 ES

1 ‘‘(A) establish minimum performance re2 quirements for entities that receive homeland

3 security grants;

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

5 regional, local, and tribal governments receiving

6 grants under this title, section 1809 of this Act,

7 or section 662 of the Post-Katrina Emergency

8 Management Reform Act of 2006 (6 U.S.C.

9 763), simulations and exercises to test the min10 imum performance requirements established

11 under subparagraph (A) for—

12 ‘‘(i) emergencies (as that term is de13 fined in section 102 of the Robert T. Staf14 ford Disaster Relief and Emergency Assist15 ance Act (42 U.S.C. 5122)) and major dis16 asters not less than twice each year; and

17 ‘‘(ii) catastrophic incidents (as that

18 term is defined in section 501) not less

19 than once each year; and

20 ‘‘(C) ensure that entities that the Adminis21 trator determines are failing to demonstrate

22 minimum performance requirements established

23 under subparagraph (A) shall remedy the areas

24 of failure, not later than the end of the second
†

61

S 4 ES

1 full fiscal year after the date of such determina2 tion by—

3 ‘‘(i) establishing a plan for the

4 achievement of the minimum performance

5 requirements under subparagraph (A),

6 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 Admin17 istrator, the occurrence of an actual emergency,

18 major disaster, or catastrophic incident in an area

19 may be deemed as a simulation under paragraph

20 (1)(B).

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

22 the end of the first full fiscal year after the date of

23 enactment of the Improving America’s Security Act

24 of 2007, and each fiscal year thereafter, the Admin25 istrator shall submit to the Committee on Homeland
†

62

S 4 ES

1 Security and Governmental Affairs of the Senate

2 and to the Committee on Homeland Security of the

3 House of Representatives a report describing—

4 ‘‘(A) the performance of grantees under

5 paragraph (1)(A);

6 ‘‘(B) lessons learned through the simula7 tions and exercises under paragraph (1)(B);

8 and

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

10 performance under paragraph (1)(C).

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

12 ‘‘(a) ESTABLISHMENT.—There is established an

13 Urban Area Security Initiative to provide grants to assist

14 high-risk metropolitan areas in preventing, preparing for,

15 protecting against, responding to, and recovering from

16 acts of terrorism.

17 ‘‘(b) APPLICATION.—

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

19 area may apply for grants under this section.

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

21 grants under this section shall apply or reapply on

22 an annual basis for grants distributed under the

23 program.
†

63

S 4 ES

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

2 grant under this section, an eligible metropolitan

3 area shall submit—

4 ‘‘(A) a plan describing the proposed divi5 sion of responsibilities and distribution of fund6 ing among the local and tribal governments in

7 the eligible metropolitan area;

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

9 a metropolitan area liaison with the Depart10 ment and among the various jurisdictions in the

11 metropolitan area; and

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

13 application as the Administrator may reason14 ably require.

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

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

17 State homeland security plans, an eligible metropoli18 tan area applying for a grant under this section

19 shall submit its application to each State within

20 which any part of the eligible metropolitan area is

21 located for review before submission of such applica22 tion to the Department.

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

24 receiving an application from an eligible metropoli-
†

64

S 4 ES

1 tan area under paragraph (1), each such State shall

2 transmit the application to the Department.

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

4 of any such State determines that an application of

5 an eligible metropolitan area is inconsistent with the

6 State homeland security plan of that State, or other7 wise does not support the application, the Governor

8 shall—

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

10 of that fact; and

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

12 for not supporting the application at the time

13 of transmission of the application.

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

15 metropolitan areas applying for grants under this section,

16 the Administrator shall consider—

17 ‘‘(1) the relative threat, vulnerability, and con18 sequences faced by the eligible metropolitan area

19 from a terrorist attack, including consideration of—

20 ‘‘(A) the population of the eligible metro21 politan area, including appropriate consider22 ation of military, tourist, and commuter popu23 lations;

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

25 metropolitan area;
†

65

S 4 ES

1 ‘‘(C) the history of threats faced by the eli2 gible metropolitan area, including—

3 ‘‘(i) whether there has been a prior

4 terrorist attack in the eligible metropolitan

5 area; and

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

7 metropolitan area, or any critical infra8 structure or key resource within the eligi9 ble metropolitan area, has ever experienced

10 a higher threat level under the Homeland

11 Security Advisory System than other parts

12 of the United States;

13 ‘‘(D) the degree of threat, vulnerability,

14 and consequences to the eligible metropolitan

15 area related to critical infrastructure or key re16 sources identified by the Secretary or the State

17 homeland security plan, including threats,

18 vulnerabilities, and consequences from critical

19 infrastructure in nearby jurisdictions;

20 ‘‘(E) whether the eligible metropolitan area

21 is located at or near an international border;

22 ‘‘(F) whether the eligible metropolitan area

23 has a coastline bordering ocean or international

24 waters;
†

66

S 4 ES

1 ‘‘(G) threats, vulnerabilities, and con2 sequences faced by the eligible metropolitan

3 area related to at-risk sites or activities in near4 by jurisdictions, including the need to respond

5 to terrorist attacks arising in those jurisdic6 tions;

7 ‘‘(H) the most current threat assessments

8 available to the Department;

9 ‘‘(I) the extent to which the eligible metro10 politan area has unmet target capabilities;

11 ‘‘(J) the extent to which the eligible metro12 politan area includes—

13 ‘‘(i) all incorporated municipalities,

14 counties, parishes, and Indian tribes within

15 the relevant metropolitan statistical area or

16 combined statistical area the inclusion of

17 which will enhance regional efforts to pre18 vent, prepare for, protect against, respond

19 to, and recover from acts of terrorism; and

20 ‘‘(ii) other local governments and

21 tribes that are likely to be called upon to

22 respond to a terrorist attack within the eli23 gible metropolitan area; and

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

25 writing by the Administrator; and
†

67

S 4 ES

1 ‘‘(2) the anticipated effectiveness of the pro2 posed spending plan for the eligible metropolitan

3 area in increasing the ability of that eligible metro4 politan area to prevent, prepare for, protect against,

5 respond to, and recover from terrorism, to meet its

6 target capabilities, and to otherwise reduce the over7 all risk to the metropolitan area, the State, and the

8 Nation.

9 ‘‘(e) OPPORTUNITY TO AMEND.—In considering ap10 plications for grants under this section, the Administrator

11 shall provide applicants with a reasonable opportunity to

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

13 final awards.

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

15 section may be used to achieve target capabilities, con16 sistent with a State homeland security plan and relevant

17 local and regional homeland security plans, through—

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

19 regional plans, risk assessments, or mutual aid

20 agreements;

21 ‘‘(2) purchasing, upgrading, storing, or main22 taining equipment;

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

24 training and exercises, including exercises of mass

25 evacuation plans under section 512 and including
†

68

S 4 ES

1 the payment of overtime and backfill costs in sup2 port of such activities;

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

4 level under the Homeland Security Advisory System,

5 or to the needs resulting from a National Special Se6 curity Event, including payment of overtime and

7 backfill costs;

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

9 appropriately qualified personnel State and local fu10 sion centers that comply with the guidelines estab11 lished under section 206(i);

12 ‘‘(6) protecting critical infrastructure and key

13 resources identified in the Critical Infrastructure

14 List established under section 1101 of the Improving

15 America’s Security Act of 2007, including the pay16 ment of appropriate personnel costs;

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

18 Year 2007 Program Guidance of the Department for

19 the Urban Area Security Initiative or the Law En20 forcement Terrorism Prevention Grant Program, in21 cluding activities permitted under the full-time

22 counterterrorism staffing pilot; and

23 ‘‘(8) any other activity relating to achieving tar24 get capabilities approved by the Administrator.
†

69

S 4 ES

1 ‘‘(g) DISTRIBUTION OF AWARDS TO METROPOLITAN

2 AREAS.—

3 ‘‘(1) IN GENERAL.—If the Administrator ap4 proves the application of an eligible metropolitan

5 area for a grant under this section, the Adminis6 trator shall distribute the grant funds to the State

7 or States in which the eligible metropolitan area is

8 located.

9 ‘‘(2) STATE DISTRIBUTION OF FUNDS.—

10 ‘‘(A) IN GENERAL.—Each State shall pro11 vide the eligible metropolitan area not less than

12 80 percent of the grant funds. Any funds re13 tained by a State shall be expended on items or

14 services approved by the Administrator that

15 benefit the eligible metropolitan area.

16 ‘‘(B) FUNDS RETAINED.—A State shall

17 provide each relevant eligible metropolitan area

18 with an accounting of the items or services on

19 which any funds retained by the State under

20 subparagraph (A) were expended.

21 ‘‘(3) MULTISTATE REGIONS.—If parts of an eli22 gible metropolitan area awarded a grant are located

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

24 each such State—
†

70

S 4 ES

1 ‘‘(A) a portion of the grant funds in ac2 cordance with the proposed distribution set

3 forth in the application; or

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

5 been reached, a portion of the grant funds in

6 proportion to each State’s share of the popu7 lation of the eligible metropolitan area.

8 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There

9 are authorized to be appropriated for grants under this

10 section—

11 ‘‘(1) for fiscal year 2007, such sums as are nec12 essary;

13 ‘‘(2) for each of fiscal years 2008, 2009, and

14 2010, $1,278,639,000; and

15 ‘‘(3) for fiscal year 2011, and each fiscal year

16 thereafter, such sums as are necessary.

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

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

19 Homeland Security Grant Program to assist State, local,

20 and tribal governments in preventing, preparing for, pro21 tecting against, responding to, and recovering from acts

22 of terrorism.

23 ‘‘(b) APPLICATION.—

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

25 a grant under this section, and shall submit such in-
†

71

S 4 ES

1 formation in support of the application as the Ad2 ministrator may reasonably require.

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

4 grants under this section shall apply or reapply on

5 an annual basis for grants distributed under the

6 program.

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

8 States applying for grants under this section, the Adminis9 trator shall consider—

10 ‘‘(1) the relative threat, vulnerability, and con11 sequences faced by a State from a terrorist attack,

12 including consideration of—

13 ‘‘(A) the size of the population of the

14 State, including appropriate consideration of

15 military, tourist, and commuter populations;

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

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

18 State, including—

19 ‘‘(i) whether there has been a prior

20 terrorist attack in an urban area that is

21 wholly or partly in the State, or in the

22 State itself; and

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

24 any critical infrastructure or key resource

25 within the State, has ever experienced a
†

72

S 4 ES

1 higher threat level under the Homeland

2 Security Advisory System than other parts

3 of the United States;

4 ‘‘(D) the degree of threat, vulnerability,

5 and consequences related to critical infrastruc6 ture or key resources identified by the Secretary

7 or the State homeland security plan;

8 ‘‘(E) whether the State has an inter9 national border;

10 ‘‘(F) whether the State has a coastline bor11 dering ocean or international waters;

12 ‘‘(G) threats, vulnerabilities, and con13 sequences faced by a State related to at-risk

14 sites or activities in adjacent States, including

15 the State’s need to respond to terrorist attacks

16 arising in adjacent States;

17 ‘‘(H) the most current threat assessments

18 available to the Department;

19 ‘‘(I) the extent to which the State has

20 unmet target capabilities; and

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

22 writing by the Administrator;

23 ‘‘(2) the anticipated effectiveness of the pro24 posed spending plan of the State in increasing the

25 ability of the State to—
†

73

S 4 ES

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

2 respond to, and recover from terrorism;

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

4 State; and

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

6 the State and the Nation; and

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

8 the target capabilities of the highest risk areas are

9 achieved quickly and the goal of ensuring that basic

10 levels of preparedness, as measured by the attain11 ment of target capabilities, are achieved nationwide.

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

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

14 for each fiscal year—

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

16 State receives less than an amount equal to 0.45

17 percent of the total funds appropriated for the State

18 Homeland Security Grant Program; and

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

20 the Northern Mariana Islands, Guam, and the Vir21 gin Islands each receive not less than 0.08 percent

22 of the amounts appropriated for the State Homeland

23 Security Grant Program.

24 ‘‘(e) MULTISTATE PARTNERSHIPS.—
†

74

S 4 ES

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

2 to, any application for funds under subsection (b), 2

3 or more States may submit an application under this

4 paragraph for multistate efforts to prevent, prepare

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

6 of terrorism.

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

8 awarded to either—

9 ‘‘(A) an individual State acting on behalf

10 of a consortium or partnership of States with

11 the consent of all member States; or

12 ‘‘(B) a group of States applying as a con13 sortium or partnership.

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

15 of States apply as a consortium or partnership such

16 States shall submit to the Secretary at the time of

17 application a plan describing—

18 ‘‘(A) the division of responsibilities for ad19 ministering the grant; and

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

21 various States and entities that are party to the

22 application.

23 ‘‘(f) FUNDING FOR LOCAL AND TRIBAL GOVERN24 MENTS.—
†

75

S 4 ES

1 ‘‘(1) IN GENERAL.—The Administrator shall re2 quire that, not later than 60 days after receiving

3 grant funding, any State receiving a grant under

4 this section shall make available to local and tribal

5 governments and emergency response providers, con6 sistent with the applicable State homeland security

7 plan—

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

9 funds;

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

11 governments, the resources purchased with such

12 grant funds having a value equal to not less

13 than 80 percent of the amount of the grant; or

14 ‘‘(C) grant funds combined with resources

15 purchased with the grant funds having a value

16 equal to not less than 80 percent of the amount

17 of the grant.

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

19 a State may request in writing that the Adminis20 trator extend the period under paragraph (1) for an

21 additional period of time. The Administrator may

22 approve such a request, and may extend such period

23 for an additional period, if the Administrator deter24 mines that the resulting delay in providing grant

25 funding to the local and tribal governments and
†

76

S 4 ES

1 emergency response providers is necessary to pro2 mote effective investments to prevent, prepare for,

3 protect against, respond to, and recover from ter4 rorism, or to meet the target capabilities of the

5 State.

6 ‘‘(3) INDIAN TRIBES.—States shall be respon7 sible for allocating grant funds received under this

8 section to tribal governments in order to help those

9 tribal communities achieve target capabilities. Indian

10 tribes shall be eligible for funding directly from the

11 States, and shall not be required to seek funding

12 from any local government.

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

14 apply to the District of Columbia, the Common15 wealth of Puerto Rico, American Samoa, the Com16 monwealth of the Northern Mariana Islands, Guam,

17 or the Virgin Islands.

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

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

20 (b), the Secretary may award grants to directly eligi21 ble tribes under this section.

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

23 tribe may apply for a grant under this section by

24 submitting an application to the Administrator that
†

77

S 4 ES

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

7 section shall submit its application to each

8 State within which any part of the tribe is lo9 cated for review before submission of such ap10 plication to 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

21 application, the Governor shall—

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

24 ‘‘(ii) provide an explanation of the

25 reason for not supporting the application
†

78

S 4 ES

1 at the time of transmission of the applica2 tion.

3 ‘‘(4) DISTRIBUTION OF AWARDS TO DIRECTLY

4 ELIGIBLE TRIBES.—If the Administrator awards

5 funds to a directly eligible tribe under this section,

6 the Administrator shall distribute the grant funds

7 directly to the directly eligible tribe. The funds shall

8 not be distributed to the State or States in which

9 the directly eligible tribe is located.

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

11 applying for a grant under this section shall des12 ignate a specific individual to serve as the tribal liai13 son who shall—

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

15 regional, and private officials concerning ter16 rorism preparedness;

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

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

19 officials to assist in the development of the ap20 plication of such tribe and to improve the ac21 cess of such tribe to grants; and

22 ‘‘(C) administer, in consultation with

23 State, local, regional, and private officials,

24 grants awarded to such tribe.
†

79

S 4 ES

1 ‘‘(6) TRIBES RECEIVING DIRECT GRANTS.—A

2 directly eligible tribe that receives a grant directly

3 under this section is eligible to receive funds for

4 other purposes under a grant from the State or

5 States within the boundaries of which any part of

6 such tribe is located, consistent with the homeland

7 security plan of the State.

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

9 this section shall be construed to affect the authority

10 of an Indian tribe that receives funds under this sec11 tion.

12 ‘‘(h) OPPORTUNITY TO AMEND.—In considering ap13 plications for grants under this section, the Administrator

14 shall provide applicants with a reasonable opportunity to

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

16 final awards.

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

18 section may be used to achieve target capabilities, con19 sistent with a State homeland security plan, through—

20 ‘‘(1) developing and enhancing State, local,

21 tribal, or regional plans, risk assessments, or mutual

22 aid agreements;

23 ‘‘(2) purchasing, upgrading, storing, or main24 taining equipment;
†

80

S 4 ES

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

2 training and exercises, including exercises of mass

3 evacuation plans under section 512 and including

4 the payment of overtime and backfill costs in sup5 port of such activities;

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

7 level under the Homeland Security Advisory System,

8 including payment of overtime and backfill costs;

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

10 appropriately qualified personnel State and local fu11 sion centers, that comply with the guidelines estab12 lished under section 206(i);

13 ‘‘(6) protecting critical infrastructure and key

14 resources identified in the Critical Infrastructure

15 List established under section 1101 of the Improving

16 America’s Security Act of 2007, including the pay17 ment of appropriate personnel costs;

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

19 Year 2007 Program Guidance of the Department for

20 the State Homeland Security Grant Program or the

21 Law Enforcement Terrorism Prevention Grant Pro22 gram, including activities permitted under the full23 time counterterrorism staffing pilot; and

24 ‘‘(8) any other activity relating to achieving tar25 get capabilities approved by the Administrator.
†

81

S 4 ES

1 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

2 are authorized to be appropriated for grants under this

3 section—

4 ‘‘(1) for fiscal year 2007, such sums as are nec5 essary;

6 ‘‘(2) for each of fiscal years 2008, 2009, and

7 2010, $913,180,500; and

8 ‘‘(3) for fiscal year 2011, and each fiscal year

9 thereafter, such sums as are necessary.

10 ‘‘SEC. 2005. TERRORISM PREVENTION.

11 ‘‘(a) LAW ENFORCEMENT TERRORISM PREVENTION

12 PROGRAM.—

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

14 designate not less than 25 percent of the combined

15 amount appropriated for grants under sections 2003

16 and 2004 to be used for law enforcement terrorism

17 prevention activities.

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

19 this subsection may be used for—

20 ‘‘(A) information sharing to preempt ter21 rorist attacks;

22 ‘‘(B) target hardening to reduce the vul23 nerability of selected high value targets;

24 ‘‘(C) threat recognition to recognize the

25 potential or development of a threat;
†

82

S 4 ES

1 ‘‘(D) intervention activities to interdict ter2 rorists before they can execute a threat;

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

4 homeland security plan, including overtime

5 costs associated with providing enhanced law

6 enforcement operations in support of Federal

7 agencies for increased border security and bor8 der crossing enforcement;

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

10 with appropriately qualified personnel State and

11 local fusion centers that comply with the guide12 lines established under section 206(i);

13 ‘‘(G) any other activity permitted under

14 the Fiscal Year 2007 Program Guidance of the

15 Department for the Law Enforcement Ter16 rorism Prevention Program; and

17 ‘‘(H) any other terrorism prevention activ18 ity authorized by the Administrator.

19 ‘‘(b) OFFICE FOR THE PREVENTION OF TER20 RORISM.—

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

22 the Department an Office for the Prevention of Ter23 rorism, which shall be headed by a Director.

24 ‘‘(2) DIRECTOR.—
†

83

S 4 ES

1 ‘‘(A) REPORTING.—The Director of the

2 Office for the Prevention of Terrorism shall re3 port directly to the Secretary.

4 ‘‘(B) QUALIFICATIONS.—The Director of

5 the Office for the Prevention of Terrorism shall

6 have an appropriate background with experi7 ence in law enforcement, intelligence, and other

8 antiterrorist functions.

9 ‘‘(3) ASSIGNMENT OF PERSONNEL.—

10 ‘‘(A) IN GENERAL.—The Secretary shall

11 assign to the Office for the Prevention of Ter12 rorism permanent staff and other appropriate

13 personnel detailed from other components of

14 the Department to carry out the responsibilities

15 under this section.

16 ‘‘(B) LIAISONS.—The Secretary shall des17 ignate senior employees from each component

18 of the Department that has significant

19 antiterrorism responsibilities to act as liaisons

20 between that component and the Office for the

21 Prevention of Terrorism.

22 ‘‘(4) RESPONSIBILITIES.—The Director of the

23 Office for the Prevention of Terrorism shall—

24 ‘‘(A) coordinate policy and operations be25 tween the Department and State, local, and
†

84

S 4 ES

1 tribal government agencies relating to pre2 venting acts of terrorism within the United

3 States;

4 ‘‘(B) serve as a liaison between State,

5 local, and tribal law enforcement agencies and

6 the Department;

7 ‘‘(C) in coordination with the Office of In8 telligence and Analysis, develop better methods

9 for the sharing of intelligence with State, local,

10 and tribal law enforcement agencies;

11 ‘‘(D) work with the Administrator to en12 sure that homeland security grants to State,

13 local, and tribal government agencies, including

14 grants under this title, the Commercial Equip15 ment Direct Assistance Program, and grants to

16 support fusion centers and other law enforce17 ment-oriented programs are adequately focused

18 on terrorism prevention activities, including

19 through review of budget requests for those

20 programs; and

21 ‘‘(E) coordinate with the Federal Emer22 gency Management Agency, the Department of

23 Justice, the National Institute of Justice, law

24 enforcement organizations, and other appro25 priate entities to support the development, pro-
†

85

S 4 ES

1 mulgation, and updating, as necessary, of na2 tional voluntary consensus standards for train3 ing and personal protective equipment to be

4 used in a tactical environment by law enforce5 ment officers.

6 ‘‘(5) PILOT PROJECT.—

7 ‘‘(A) IN GENERAL.—The Director of the

8 Office for the Prevention of Terrorism, in co9 ordination with the Administrator, shall estab10 lish a pilot project to determine the efficacy and

11 feasibility of establishing law enforcement de12 ployment teams.

13 ‘‘(B) FUNCTION.—The law enforcement

14 deployment teams participating in the pilot pro15 gram under this paragraph shall form the basis

16 of a national network of standardized law en17 forcement resources to assist State, local, and

18 tribal governments in responding to natural dis19 asters, acts of terrorism, or other man-made

20 disaster.

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

22 may be construed to affect the roles or responsibil23 ities of the Department of Justice.

24 ‘‘SEC. 2006. RESTRICTIONS ON USE OF FUNDS.

25 ‘‘(a) LIMITATIONS ON USE.—
†

86

S 4 ES

1 ‘‘(1) CONSTRUCTION.—

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

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

4 construct buildings or other physical facilities.

5 ‘‘(B) EXCEPTIONS.—

6 ‘‘(i) IN GENERAL.—Notwithstanding

7 subparagraph (A), nothing in this para8 graph shall prohibit the use of grants

9 awarded under this title to achieve target

10 capabilities through—

11 ‘‘(I) the construction of facilities

12 described in section 611 of the Robert

13 T. Stafford Disaster Relief and Emer14 gency Assistance Act (42 U.S.C.

15 5196); or

16 ‘‘(II) the alteration or remodeling

17 of existing buildings for the purpose

18 of making such buildings secure

19 against terrorist attacks or able to

20 withstand or protect against chemical,

21 radiological, or biological attacks.

22 ‘‘(ii) REQUIREMENTS FOR EXCEP23 TION.—No grant awards may be used for

24 the purposes under clause (i) unless—
†

87

S 4 ES

1 ‘‘(I) specifically approved by the

2 Administrator;

3 ‘‘(II) the construction occurs

4 under terms and conditions consistent

5 with the requirements under section

6 611(j)(9) of the Robert T. Stafford

7 Disaster Relief and Emergency Assist8 ance Act (42 U.S.C. 5196(j)(9)); and

9 ‘‘(III) the amount allocated for

10 purposes under clause (i) does not ex11 ceed 20 percent of the grant award.

12 ‘‘(2) PERSONNEL.—

13 ‘‘(A) IN GENERAL.—For any grant award14 ed under section 2003 or 2004—

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

16 amount awarded to a grant recipient may

17 be used to pay overtime and backfill costs;

18 and

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

20 amount awarded to the grant recipient

21 may be used to pay personnel costs not de22 scribed in clause (i).

23 ‘‘(B) WAIVER.—At the request of the re24 cipient of a grant under section 2003 or section
†

88

S 4 ES

1 2004, the Administrator may grant a waiver of

2 any limitation under subparagraph (A).

3 ‘‘(C) EXCEPTION. The limitations under

4 subparagraph (A) shall not apply to activities

5 permitted under the full-time counterterrorism

6 staffing pilot, as described in the Fiscal Year

7 2007 Program Guidance of the Department for

8 the Urban Area Security Initiative.

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

10 title may not be used for recreational or social pur11 poses.

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

13 title shall be construed to prohibit State, local, or tribal

14 governments from using grant funds under sections 2003

15 and 2004 in a manner that enhances preparedness for dis16 asters unrelated to acts of terrorism, if such use assists

17 such governments in achieving capabilities for terrorism

18 preparedness established by the Administrator.

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

20 a grant under this title proposes to upgrade or purchase,

21 with assistance provided under that grant, new equipment

22 or systems that do not meet or exceed any applicable na23 tional voluntary consensus standards developed under sec24 tion 647 of the Post-Katrina Emergency Management Re25 form Act of 2006 (6 U.S.C. 747), the applicant shall in-
†

89

S 4 ES

1 clude in its application an explanation of why such equip2 ment or systems will serve the needs of the applicant bet3 ter than equipment or systems that meet or exceed such

4 standards.

5 ‘‘(d) SUPPLEMENT NOT SUPPLANT.—Amounts ap6 propriated for grants under this title shall be used to sup7 plement and not supplant other State, local, and tribal

8 government public funds obligated for the purposes pro9 vided under this title.

10 ‘‘SEC. 2007. ADMINISTRATION AND COORDINATION.

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

12 consultation with other appropriate offices within the De13 partment, have responsibility for administering all home14 land security grant programs administered by the Depart15 ment and for ensuring coordination among those pro16 grams and consistency in the guidance issued to recipients

17 across those programs.

18 ‘‘(b) NATIONAL ADVISORY COUNCIL.—To ensure

19 input from and coordination with State, local, and tribal

20 governments and emergency response providers, the Ad21 ministrator shall regularly consult and work with the Na22 tional Advisory Council established under section 508 on

23 the administration and assessment of grant programs ad24 ministered by the Department, including with respect to
†

90

S 4 ES

1 the development of program guidance and the development

2 and evaluation 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

7 receiving those grants, coordinate their prevention,

8 preparedness, and protection efforts with neigh9 boring State, local, and tribal governments, as ap10 propriate; 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

16 the use of regional working groups and requirements

17 for regional plans, as a condition of receiving De18 partmentally administered homeland security grants.

19 ‘‘(d) PLANNING COMMITTEES.—

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

21 area receiving grants under section 2003 or 2004

22 shall establish a planning committee to assist in

23 preparation and revision of the State, regional, or

24 local homeland security plan and to assist in deter25 mining effective funding priorities.
†

91

S 4 ES

1 ‘‘(2) COMPOSITION.—

2 ‘‘(A) IN GENERAL.—The planning com3 mittee shall include representatives of signifi4 cant 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 man11 agers.

12 ‘‘(B) GEOGRAPHIC REPRESENTATION.—

13 The members of the planning committee shall

14 be a representative group of individuals from

15 the counties, cities, towns, and Indian tribes

16 within the State or metropolitan areas, includ17 ing, as appropriate, representatives of rural,

18 high-population, and high-threat jurisdictions.

19 ‘‘(3) EXISTING PLANNING COMMITTEES.—Noth20 ing in this subsection may be construed to require

21 that any State or metropolitan area create a plan22 ning committee if that State or metropolitan area

23 has established and uses a multijurisdictional plan24 ning committee or commission that meets the re25 quirements of this subsection.
†

92

S 4 ES

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

2 through the Administrator, in coordination with the Attor3 ney General, the Secretary of Health and Human Services,

4 and other agencies providing assistance to State, local,

5 and tribal governments for preventing, preparing for, pro6 tecting against, responding to, and recovering from nat7 ural disasters, acts of terrorism, and other man-made dis8 asters, and not later than 12 months after the date of

9 enactment of the Improving America’s Security Act of

10 2007, shall—

11 ‘‘(1) compile a comprehensive list of Federal

12 programs that provide assistance to State, local, and

13 tribal governments for preventing, preparing for,

14 and responding to, natural disasters, acts of ter15 rorism, and other man-made disasters;

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

17 greatest extent practicable, the planning, reporting,

18 application, and other requirements and guidance

19 for homeland security assistance programs to—

20 ‘‘(A) eliminate redundant and duplicative

21 requirements, including onerous application and

22 ongoing reporting requirements;

23 ‘‘(B) ensure accountability of the programs

24 to the intended purposes of such programs;
†

93

S 4 ES

1 ‘‘(C) coordinate allocation of grant funds

2 to avoid duplicative or inconsistent purchases

3 by the recipients; and

4 ‘‘(D) make the programs more accessible

5 and user friendly to applicants; and

6 ‘‘(3) submit the information and proposals

7 under paragraphs (1) and (2) to the Committee on

8 Homeland Security and Governmental Affairs of the

9 Senate and the Committee on Homeland Security of

10 the House of Representatives.

11 ‘‘SEC. 2008. ACCOUNTABILITY.

12 ‘‘(a) REPORTS TO CONGRESS.—

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

14 shall submit to Congress, as a component of the an15 nual Federal Preparedness Report required under

16 section 652 of the Post-Katrina Emergency Manage17 ment Reform Act of 2006 (6 U.S.C. 752), an eval18 uation of the extent to which grants Administered by

19 the Department, including the grants established by

20 this title—

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

22 State, local, and tribal governments in achieving

23 target capabilities; and
†

94

S 4 ES

1 ‘‘(B) have led to the reduction of risk na2 tionally and in State, local, and tribal jurisdic3 tions.

4 ‘‘(2) RISK ASSESSMENT.—

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

6 the Administrator shall provide to the Com7 mittee on Homeland Security and Govern8 mental Affairs of the Senate and the Committee

9 on Homeland Security of the House of Rep10 resentatives a detailed and comprehensive ex11 planation of the methodology used to calculate

12 risk and compute the allocation of funds under

13 sections 2003 and 2004 of this title,

14 including—

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

16 assessment and the weights assigned to

17 each;

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

19 variable, as weighted, correlates to risk,

20 and the basis for concluding there is such

21 a correlation; and

22 ‘‘(iii) any change in the methodology

23 from the previous fiscal year, including

24 changes in variables considered, weighting
†

95

S 4 ES

1 of those variables, and computational

2 methods.

3 ‘‘(B) CLASSIFIED ANNEX.—The informa4 tion required under subparagraph (A) shall be

5 provided in unclassified form to the greatest ex6 tent possible, and may include a classified

7 annex if necessary.

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

9 information required under subparagraph (A)

10 shall be provided on the earlier of—

11 ‘‘(i) October 31; or

12 ‘‘(ii) 30 days before the issuance of

13 any program guidance for grants under

14 sections 2003 and 2004.

15 ‘‘(b) REVIEWS AND AUDITS.—

16 ‘‘(1) DEPARTMENT REVIEW.—The Adminis17 trator shall conduct periodic reviews of grants made

18 under this title to ensure that recipients allocate

19 funds consistent with the guidelines established by

20 the Department.

21 ‘‘(2) GOVERNMENT ACCOUNTABILITY OFFICE.—

22 ‘‘(A) ACCESS TO INFORMATION.—Each re23 cipient of a grant under this title and the De24 partment shall provide the Government Ac25 countability Office with full access to informa-
†

96

S 4 ES

1 tion regarding the activities carried out under

2 this title.

3 ‘‘(B) AUDITS AND REPORTS.—

4 ‘‘(i) AUDIT.—Not later than 12

5 months after the date of enactment of the

6 Improving America’s Security Act of 2007,

7 and periodically thereafter, the Comptroller

8 General of the United States shall conduct

9 an audit of grants made under this title.

10 ‘‘(ii) REPORT.—The Comptroller Gen11 eral of the United States shall submit a re12 port to the Committee on Homeland Secu13 rity and Governmental Affairs of the Sen14 ate and the Committee on Homeland Secu15 rity of the House of Representatives on—

16 ‘‘(I) the results of any audit con17 ducted under clause (i), including an

18 analysis of the purposes for which the

19 grant funds authorized under this title

20 are being spent; and

21 ‘‘(II) whether the grant recipi22 ents have allocated funding consistent

23 with the State homeland security plan

24 and the guidelines established by the

25 Department.
†

97

S 4 ES

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

2 that expend $500,000 or more in grant funds re3 ceived under this title during any fiscal year shall

4 submit to the Administrator an organization-wide fi5 nancial and compliance audit report in conformance

6 with the requirements of chapter 75 of title 31,

7 United States Code.

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

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

10 the Director of the Office of Management and Budg11 et under section 3561 of title 31, United States

12 Code) for any grant administered by the Depart13 ment with a total value of $1,000,000 or greater.

14 ‘‘(c) REMEDIES FOR NONCOMPLIANCE.—

15 ‘‘(1) IN GENERAL.—If the Administrator finds,

16 after reasonable notice and an opportunity for a

17 hearing, that a recipient of a grant under this title

18 has failed to substantially comply with any provision

19 of this title, or with any regulations or guidelines of

20 the Department regarding eligible expenditures, the

21 Administrator shall—

22 ‘‘(A) terminate any payment of grant

23 funds to be made to the recipient under this

24 title;
†

98

S 4 ES

1 ‘‘(B) reduce the amount of payment of

2 grant funds to the recipient by an amount equal

3 to the amount of grants funds that were not ex4 pended by the recipient in accordance with this

5 title; or

6 ‘‘(C) limit the use of grant funds received

7 under this title to programs, projects, or activi8 ties not affected by the failure to comply.

9 ‘‘(2) DURATION OF PENALTY.—The Adminis10 trator shall apply an appropriate penalty under

11 paragraph (1) until such time as the Secretary de12 termines that the grant recipient is in full compli13 ance with this title or with applicable guidelines or

14 regulations of the Department.

15 ‘‘(3) DIRECT FUNDING.—If a State fails to sub16 stantially comply with any provision of this title or

17 with applicable guidelines or regulations of the De18 partment, including failing to provide local or tribal

19 governments with grant funds or resources pur20 chased with grant funds in a timely fashion, a local

21 or tribal government entitled to receive such grant

22 funds or resources may petition the Administrator,

23 at such time and in such manner as determined by

24 the Administrator, to request that grant funds or re-
†

99

S 4 ES

1 sources be provided directly to the local or tribal

2 government.

3 ‘‘SEC. 2009. AUDITING.

4 ‘‘(a) AUDITS OF GRANTS.—

5 ‘‘(1) IN GENERAL.—Not later than the date de6 scribed in paragraph (2), and every 2 years there7 after, the Inspector General of the Department shall

8 conduct an audit of each entity that receives a grant

9 under the Urban Area Security Initiative, the State

10 Homeland Security Grant Program, or the Emer11 gency Management Performance Grant Program to

12 evaluate the use of funds under such grant program

13 by such entity.

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 Improv17 ing America’s Security Act of 2007; and

18 ‘‘(B) the date that an entity first receives

19 a grant under the Urban Area Security Initia20 tive, the State Homeland Security Grant Pro21 gram, or the Emergency Management Perform22 ance Grant Program, as the case may be.

23 ‘‘(3) CONTENTS.—Each audit under this sub24 section shall evaluate—
†

100

S 4 ES

1 ‘‘(A) the use of funds under the relevant

2 grant program by an entity during the 2 full

3 fiscal years before the date of that audit;

4 ‘‘(B) whether funds under that grant pro5 gram were used by that entity as required by

6 law; and

7 ‘‘(C)(i) for each grant under the Urban

8 Area Security Initiative or the State Homeland

9 Security Grant Program, the extent to which

10 funds under that grant were used to prepare

11 for, protect against, respond to, or recover from

12 acts of terrorism; and

13 ‘‘(ii) for each grant under the Emergency

14 Management Performance Grant Program, the

15 extent to which funds under that grant were

16 used to prevent, prepare for, protect against,

17 respond to, recover from, or mitigate against all

18 hazards, including natural disasters, acts of ter19 rorism, and other man-made disasters.

20 ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The

21 Inspector General of the Department shall make

22 each audit under this subsection available on the

23 website of the Inspector General.

24 ‘‘(5) REPORTING.—
†

101

S 4 ES

1 ‘‘(A) IN GENERAL.—Not later than 2 years

2 and 60 days after the date of enactment of the

3 Improving America’s Security Act of 2007, and

4 annually thereafter, the Inspector General of

5 the Department shall submit to Congress a con6 solidated report regarding the audits conducted

7 under this subsection.

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

9 under this paragraph shall describe—

10 ‘‘(i)(I) for the first such report, the

11 audits conducted under this subsection

12 during the 2-year period beginning on the

13 date of enactment of the Improving Amer14 ica’s Security Act of 2007; and

15 ‘‘(II) for each subsequent such report,

16 the audits conducted under this subsection

17 during the fiscal year before the date of

18 the submission of that report;

19 ‘‘(ii) whether funds under each grant

20 audited during the period described in

21 clause (i) that is applicable to such report

22 were used as required by law; and

23 ‘‘(iii)(I) for grants under the Urban

24 Area Security Initiative or the State

25 Homeland Security Grant Program au-
†

102

S 4 ES

1 dited, the extent to which, during the pe2 riod described in clause (i) that is applica3 ble to such report, funds under such

4 grants were used to prepare for, protect

5 against, respond to, or recover from acts of

6 terrorism; and

7 ‘‘(II) for grants under the Emergency

8 Management Performance Grant Program

9 audited, the extent to which funds under

10 such grants were used during the period

11 described in clause (i) applicable to such

12 report to prevent, prepare for, protect

13 against, respond to, recover from, or miti14 gate against all hazards, including natural

15 disasters, acts of terrorism, and other

16 man-made disasters.

17 ‘‘(b) AUDIT OF OTHER PREPAREDNESS GRANTS.—

18 ‘‘(1) IN GENERAL.—Not later than the date de19 scribed in paragraph (2), the Inspector General of

20 the Department shall conduct an audit of each enti21 ty that receives a grant under the Urban Area Secu22 rity Initiative, the State Homeland Security Grant

23 Program, or the Emergency Management Perform24 ance Grant Program to evaluate the use by that en25 tity of any grant for preparedness administered by
†

103

S 4 ES

1 the Department that was awarded before the date of

2 enactment of the Improving America’s Security Act

3 of 2007.

4 ‘‘(2) TIMING.—The date described in this para5 graph is the later of 2 years after—

6 ‘‘(A) the date of enactment of the Improv7 ing America’s Security Act of 2007; and

8 ‘‘(B) the date that an entity first receives

9 a grant under the Urban Area Security Initia10 tive, the State Homeland Security Grant Pro11 gram, or the Emergency Management Perform12 ance Grant Program, as the case may be.

13 ‘‘(3) CONTENTS.—Each audit under this sub14 section shall evaluate—

15 ‘‘(A) the use of funds by an entity under

16 any grant for preparedness administered by the

17 Department that was awarded before the date

18 of enactment of the Improving America’s Secu19 rity Act of 2007;

20 ‘‘(B) whether funds under each such grant

21 program were used by that entity as required

22 by law; and

23 ‘‘(C) the extent to which such funds were

24 used to enhance preparedness.
†

104

S 4 ES

1 ‘‘(4) PUBLIC AVAILABILITY ON WEBSITE.—The

2 Inspector General of the Department shall make

3 each audit under this subsection available on the

4 website of the Inspector General.

5 ‘‘(5) REPORTING.—

6 ‘‘(A) IN GENERAL.—Not later than 2 years

7 and 60 days after the date of enactment of the

8 Improving America’s Security Act of 2007, and

9 annually thereafter, the Inspector General of

10 the Department shall submit to Congress a con11 solidated report regarding the audits conducted

12 under this subsection.

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

14 under this paragraph shall describe—

15 ‘‘(i)(I) for the first such report, the

16 audits conducted under this subsection

17 during the 2-year period beginning on the

18 date of enactment of the Improving Amer19 ica’s Security Act of 2007; and

20 ‘‘(II) for each subsequent such report,

21 the audits conducted under this subsection

22 during the fiscal year before the date of

23 the submission of that report;

24 ‘‘(ii) whether funds under each grant

25 audited were used as required by law; and
†

105

S 4 ES

1 ‘‘(iii) the extent to which funds under

2 each grant audited were used to enhance

3 preparedness.

4 ‘‘(c) FUNDING FOR AUDITS.—

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

6 withhold 1 percent of the total amount of each grant

7 under the Urban Area Security Initiative, the State

8 Homeland Security Grant Program, and the Emer9 gency Management Performance Grant Program for

10 audits under this section.

11 ‘‘(2) AVAILABILITY OF FUNDS.—The Adminis12 trator shall make amounts withheld under this sub13 section available as follows:

14 ‘‘(A) Amounts withheld from grants under

15 the Urban Area Security Initiative shall be

16 made available for audits under this section of

17 entities receiving grants under the Urban Area

18 Security Initiative.

19 ‘‘(B) Amounts withheld from grants under

20 the State Homeland Security Grant Program

21 shall be made available for audits under this

22 section of entities receiving grants under the

23 State Homeland Security Grant Program.

24 ‘‘(C) Amounts withheld from grants under

25 the Emergency Management Performance
†

106

S 4 ES

1 Grant Program shall be made available for au2 dits under this section of entities receiving

3 grants under the Emergency Management Per4 formance Grant Program.

5 ‘‘(d) DEFINITION.—In this section, the term ‘Emer6 gency Management Performance Grants Program’ means

7 the Emergency Management Performance Grants Pro8 gram under section 662 of the Post-Katrina Emergency

9 Management Reform Act of 2006 (6 U.S.C. 763; Public

10 Law 109–295).

11 ‘‘SEC. 2010. SENSE OF THE SENATE.

12 ‘‘It is the sense of the Senate that, in order to ensure

13 that the Nation is most effectively able to prevent, prepare

14 for, protect against, respond to, recovery from, and miti15 gate against all hazards, including natural disasters, acts

16 of terrorism, and other man-made disasters—

17 ‘‘(1) the Department should administer a coher18 ent and coordinated system of both terrorism-fo19 cused and all-hazards grants, the essential building

20 blocks of which include—

21 ‘‘(A) the Urban Area Security Initiative

22 and State Homeland Security Grant Program

23 established under this title (including funds

24 dedicated to law enforcement terrorism preven25 tion activities);
†

107

S 4 ES

1 ‘‘(B) the Emergency Communications

2 Operability and Interoperable Communications

3 Grants established under section 1809; and

4 ‘‘(C) the Emergency Management Per5 formance Grants Program authorized under

6 section 662 of the Post-Katrina Emergency

7 Management Reform Act of 2006 (6 U.S.C.

8 763); and

9 ‘‘(2) to ensure a continuing and appropriate

10 balance between terrorism-focused and all-hazards

11 preparedness, the amounts appropriated for grants

12 under the Urban Area Security Initiative, State

13 Homeland Security Grant Program, and Emergency

14 Management Performance Grants Program in any

15 fiscal year should be in direct proportion to the

16 amounts authorized for those programs for fiscal

17 year 2008 under the amendments made by titles II

18 and IV, as applicable, of the Improving America’s

19 Security Act of 2007.’’.

20 SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.

21 (a) SENSE OF THE SENATE.—It is the sense of the

22 Senate that the Department of Homeland Security shall

23 conduct no fewer than 7,500 trainings annually through

24 the Domestic Preparedness Equipment Technical Assist25 ance Program.
†

108

S 4 ES

1 (b) REPORT.—The Secretary of Homeland Security

2 shall report no later than September 30 annually to the

3 Senate Homeland Security and Governmental Affairs

4 Committee, the House Homeland Security Committee,

5 Senate Appropriations Subcommittee on Homeland Secu6 rity, and the House Appropriations Subcommittee on

7 Homeland Security—

8 (a) on the number of trainings conducted that year

9 through the Domestic Preparedness Equipment Technical

10 Assistance Program; and

11 (b) if the number of trainings conducted that year

12 is less than 7,500, an explanation of why fewer trainings

13 were needed.

14 SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

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

16 2002 (6 U.S.C. 101 et seq.) is amended—

17 (1) by redesignating title XVIII, as added by

18 the SAFE Port Act (Public Law 109–347; 120 Stat.

19 1884), as title XIX;

20 (2) by redesignating sections 1801 through

21 1806, as added by the SAFE Port Act (Public Law

22 109–347; 120 Stat. 1884), as sections 1901 through

23 1906, respectively;
†

109

S 4 ES

1 (3) in section 1904(a), as so redesignated, by

2 striking ‘‘section 1802’’ and inserting ‘‘section

3 1902’’; and

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

5 striking ‘‘section 1802(a)’’ each place that term ap6 pears and inserting ‘‘section 1902(a)’’.

7 (b) TABLE OF CONTENTS.—The table of contents in

8 section 1(b) of the Homeland Security Act of 2002 (6

9 U.S.C. 101 note) is amended by striking the items relating

10 to title XVIII and sections 1801 through 1806, as added

11 by the SAFE Port Act (Public Law 109–347; 120 Stat.

12 1884), and inserting the following:

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE

‘‘Sec. 1901. Domestic Nuclear Detection Office.

‘‘Sec. 1902. Mission of Office.

‘‘Sec. 1903. Hiring authority.

‘‘Sec. 1904. Testing authority.

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

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

‘‘TITLE XX—HOMELAND SECURITY GRANTS

‘‘Sec. 2001. Definitions.

‘‘Sec. 2002. Homeland Security Grant Program.

‘‘Sec. 2003. Urban Area Security Initiative.

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

‘‘Sec. 2005. Terrorism prevention.

‘‘Sec. 2006. Restrictions on use of funds.

‘‘Sec. 2007. Administration and coordination.

‘‘Sec. 2008. Accountability.

‘‘Sec. 2009. Auditing.

‘‘Sec. 2010. Sense of the Senate.’’.
†

110

S 4 ES

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

8 AND INTEROPERABLE COMMUNICATIONS.—

9 (1) IN GENERAL.—Title XVIII of the Home10 land Security Act of 2002 (6 U.S.C. 571 et seq.)

11 (relating to emergency communications) is amended

12 by adding 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

19 Emergency Management Agency.

20 ‘‘(2) EMERGENCY COMMUNICATIONS OPER21 ABILITY.—The term ‘emergency communications

22 operability’ means the ability to provide and main23 tain, throughout an emergency response operation, a

24 continuous flow of information among emergency re25 sponse providers, agencies, and government officers
†

111

S 4 ES

1 from multiple disciplines and jurisdictions and at all

2 levels of government, in the event of a natural dis3 aster, act of terrorism, or other man-made disaster,

4 including where there has been significant damage

5 to, or destruction of, critical infrastructure, includ6 ing substantial loss of ordinary telecommunications

7 infrastructure and sustained loss of electricity.

8 ‘‘(b) IN GENERAL.—The Administrator shall make

9 grants to States for initiatives necessary to achieve, main10 tain, or enhance Statewide, regional, national and, as ap11 propriate, international emergency communications oper12 ability and interoperable communications.

13 ‘‘(c) STATEWIDE INTEROPERABLE COMMUNICATIONS

14 PLANS.—

15 ‘‘(1) SUBMISSION OF PLANS.—The Adminis16 trator shall require any State applying for a grant

17 under this section to submit a Statewide Interoper18 able Communications Plan as described under sec19 tion 7303(f) of the Intelligence Reform and Ter20 rorism Prevention Act of 2004 (6 U.S.C. 194(f)).

21 ‘‘(2) COORDINATION AND CONSULTATION.—The

22 Statewide plan submitted under paragraph (1) shall

23 be developed—
†

112

S 4 ES

1 ‘‘(A) in coordination with local and tribal

2 governments, emergency response providers,

3 and other relevant State officers; and

4 ‘‘(B) in consultation with and subject to

5 appropriate comment by the applicable Regional

6 Emergency Communications Coordination

7 Working Group as described under section

8 1805.

9 ‘‘(3) APPROVAL.—The Administrator may not

10 award a grant to a State unless the Administrator,

11 in consultation with the Director for Emergency

12 Communications, has approved the applicable State13 wide plan.

14 ‘‘(4) REVISIONS.—A State may revise the appli15 cable Statewide plan approved by the Administrator

16 under this subsection, subject to approval of the re17 vision by the Administrator.

18 ‘‘(d) CONSISTENCY.—The Administrator shall ensure

19 that each grant is used to supplement and support, in a

20 consistent and coordinated manner, any applicable State,

21 regional, or urban area homeland security plan.

22 ‘‘(e) USE OF GRANT FUNDS.—Grants awarded under

23 subsection (b) may be used for initiatives to achieve, main24 tain, or enhance emergency communications operability

25 and interoperable communications, including—
†

113

S 4 ES

1 ‘‘(1) Statewide or regional communications

2 planning, including governance related activities;

3 ‘‘(2) system design and engineering;

4 ‘‘(3) system procurement and installation;

5 ‘‘(4) exercises;

6 ‘‘(5) modeling and simulation exercises for

7 operational command and control functions;

8 ‘‘(6) technical assistance;

9 ‘‘(7) training; and

10 ‘‘(8) other appropriate activities determined by

11 the Administrator to be integral to achieve, main12 tain, or enhance emergency communications oper13 ability and interoperable communications.

14 ‘‘(f) APPLICATION.—

15 ‘‘(1) IN GENERAL.—A State desiring a grant

16 under this section shall submit an application at

17 such time, in such manner, and accompanied by

18 such information as the Administrator may reason19 ably require.

20 ‘‘(2) MINIMUM CONTENTS.—At a minimum,

21 each application submitted under paragraph (1)

22 shall—

23 ‘‘(A) identify the critical aspects of the

24 communications life cycle, including planning,

25 system design and engineering, procurement
†

114

S 4 ES

1 and installation, and training for which funding

2 is requested;

3 ‘‘(B) describe how—

4 ‘‘(i) the proposed use of funds—

5 ‘‘(I) would be consistent with and

6 address the goals in any applicable

7 State, regional, or urban homeland se8 curity plan; and

9 ‘‘(II) unless the Administrator

10 determines otherwise, are—

11 ‘‘(aa) consistent with the

12 National Emergency Communica13 tions Plan under section 1802;

14 and

15 ‘‘(bb) compatible with the

16 national infrastructure and na17 tional voluntary consensus stand18 ards;

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

25 grant funds on the basis of risk and effec-
†

115

S 4 ES

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

13 within the jurisdictional borders of that

14 State and with neighboring States;

15 ‘‘(C) be consistent with the Statewide

16 Interoperable Communications Plan required

17 under section 7303(f) of the Intelligence Re18 form and Terrorism Prevention Act of 2004 (6

19 U.S.C. 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.—
†

116

S 4 ES

1 ‘‘(1) CONSIDERATIONS.—In approving applica2 tions and awarding grants under this section, the

3 Administrator 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

10 critical infrastructure in nearby jurisdictions as

11 a result of natural disasters, acts of terrorism,

12 or other man-made disasters;

13 ‘‘(C) the size of the population of the

14 State, including appropriate consideration of

15 military, 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
†

117

S 4 ES

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 en5 hancement of emergency communications oper6 ability and interoperable communications in the

7 State with Federal, State, local, and tribal gov8 ernments;

9 ‘‘(G) the extent to which a State, given its

10 financial capability, demonstrates its commit11 ment to achieve, maintain, or enhance emer12 gency communications operability and inter13 operable communications by supplementing

14 Federal funds with non-Federal funds;

15 ‘‘(H) whether the State is on or near an

16 international border;

17 ‘‘(I) whether the State encompasses an

18 economically 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 bar23 riers pose unusual obstacles to achieving, main24 taining, or enhancing emergency communica-
†

118

S 4 ES

1 tions operability or interoperable communica2 tions;

3 ‘‘(L) the threats, vulnerabilities, and con4 sequences faced by the State related to at-risk

5 sites or activities in nearby jurisdictions, includ6 ing the need to respond to natural disasters,

7 acts of terrorism, and other man-made disasters

8 arising in those jurisdictions;

9 ‘‘(M) the need to achieve, maintain, or en10 hance nationwide emergency communications

11 operability and interoperable communications,

12 consistent with the National Emergency Com13 munications Plan under section 1802;

14 ‘‘(N) whether the activity for which a

15 grant is requested is being funded under an16 other Federal or State emergency communica17 tions grant program; and

18 ‘‘(O) such other factors as are specified by

19 the Administrator in writing.

20 ‘‘(2) REVIEW PANEL.—

21 ‘‘(A) IN GENERAL.—The Secretary shall

22 establish a review panel under section 871(a) to

23 assist in reviewing grant applications under this

24 section.
†

119

S 4 ES

1 ‘‘(B) RECOMMENDATIONS.—The review

2 panel established under subparagraph (A) shall

3 make recommendations to the Administrator re4 garding applications for grants under this sec5 tion.

6 ‘‘(C) MEMBERSHIP.—The review panel es7 tablished under subparagraph (A) shall

8 include—

9 ‘‘(i) individuals with technical exper10 tise in emergency communications oper11 ability and interoperable communications;

12 ‘‘(ii) emergency response providers;

13 and

14 ‘‘(iii) other relevant State and local

15 officers.

16 ‘‘(3) MINIMUM GRANT AMOUNTS.—The Admin17 istrator shall ensure that for each fiscal year—

18 ‘‘(A) no State receives less than an amount

19 equal to 0.75 percent of the total funds appro20 priated for grants under this section; and

21 ‘‘(B) American Samoa, the Commonwealth

22 of the Northern Mariana Islands, Guam, and

23 the Virgin Islands each receive no less than

24 0.25 percent of the amounts appropriated for

25 grants under this section.
†

120

S 4 ES

1 ‘‘(4) AVAILABILITY OF FUNDS.—Any grant

2 funds awarded that may be used to support emer3 gency communications operability or interoperable

4 communications shall, as the Administrator may de5 termine, remain available for up to 3 years, con6 sistent with section 7303(e) of the Intelligence Re7 form and Terrorism Prevention Act of 2004 (6

8 U.S.C. 194(e)).

9 ‘‘(h) STATE RESPONSIBILITIES.—

10 ‘‘(1) PASS-THROUGH OF FUNDS TO LOCAL AND

11 TRIBAL GOVERNMENTS.—The Administrator shall

12 determine a date by which a State that receives a

13 grant shall obligate or otherwise make available to

14 local and tribal governments and emergency re15 sponse providers—

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

17 of the amount of the grant;

18 ‘‘(B) resources purchased with the grant

19 funds having a value equal to not less than 80

20 percent of the total amount of the grant; or

21 ‘‘(C) grant funds combined with resources

22 purchased with the grant funds having a value

23 equal to not less than 80 percent of the total

24 amount of the grant.
†

121

S 4 ES

1 ‘‘(2) CERTIFICATIONS REGARDING DISTRIBU2 TION OF GRANT FUNDS TO LOCAL AND TRIBAL GOV3 ERNMENTS.—Any State that receives a grant shall

4 certify to the Administrator, by not later than 30

5 days after the date described under paragraph (1)

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

7 available for expenditure by local or tribal govern8 ments and emergency response providers the re9 quired amount of grant funds under paragraph (1).

10 ‘‘(3) REPORT ON GRANT SPENDING.—

11 ‘‘(A) IN GENERAL.—Any State that re12 ceives a grant shall submit a spending report to

13 the Administrator at such time, in such man14 ner, and accompanied by such information as

15 the Administrator may reasonably require.

16 ‘‘(B) MINIMUM CONTENTS.—At a min17 imum, each report under this paragraph shall

18 include—

19 ‘‘(i) the amount, ultimate recipients,

20 and dates of receipt of all funds received

21 under the grant;

22 ‘‘(ii) the amount and the dates of dis23 bursements of all such funds expended in

24 compliance with paragraph (1) or under

25 mutual aid agreements or other intrastate
†

122

S 4 ES

1 and interstate sharing arrangements, as

2 applicable;

3 ‘‘(iii) how the funds were used by each

4 ultimate recipient or beneficiary;

5 ‘‘(iv) the extent to which emergency

6 communications operability and interoper7 able communications identified in the ap8 plicable Statewide plan and application

9 have been achieved, maintained, or en10 hanced as the result of the expenditure of

11 grant funds; and

12 ‘‘(v) the extent to which emergency

13 communications operability and interoper14 able communications identified in the ap15 plicable Statewide plan and application re16 main unmet.

17 ‘‘(C) PUBLIC AVAILABILITY ON

18 WEBSITE.—The Administrator shall make each

19 report submitted under subparagraph (A) pub20 licly available on the website of the Federal

21 Emergency Management Agency. The Adminis22 trator may redact such information from the re23 ports as the Administrator determines nec24 essary to protect national security.
†

123

S 4 ES

1 ‘‘(4) PENALTIES FOR REPORTING DELAY.—If a

2 State fails to provide the information required by

3 the Administrator under paragraph (3), the Admin4 istrator may—

5 ‘‘(A) reduce grant payments to the State

6 from the portion of grant funds that are not re7 quired to be passed through under paragraph

8 (1);

9 ‘‘(B) terminate payment of funds under

10 the grant to the State, and transfer the appro11 priate portion of those funds directly to local

12 and tribal governments and emergency response

13 providers that were intended to receive funding

14 under that grant; or

15 ‘‘(C) impose additional restrictions or bur16 dens on the use of funds by the State under the

17 grant, which may include—

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

19 pay the grant-related expenses of the

20 State; or

21 ‘‘(ii) requiring the State to distribute

22 to local and tribal government and emer23 gency response providers all or a portion of

24 grant funds that are not required to be

25 passed through under paragraph (1).
†

124

S 4 ES

1 ‘‘(i) PROHIBITED USES.—Grants awarded under this

2 section may not be used for recreational or social pur3 poses.

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

5 are authorized to be appropriated for grants under this

6 section—

7 ‘‘(1) $400,000,000 for fiscal year 2008;

8 ‘‘(2) $500,000,000 for fiscal year 2009;

9 ‘‘(3) $600,000,000 for fiscal year 2010;

10 ‘‘(4) $800,000,000 for fiscal year 2011;

11 ‘‘(5) $1,000,000,000 for fiscal year 2012; and

12 ‘‘(6) such sums as necessary for each fiscal year

13 thereafter.

14 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed or interpreted to preclude the use

16 of funds under this section by a State for interim or long17 term Internet Protocol-based interoperable solutions, not18 withstanding compliance with the Project 25 standard.’’.

19 (2) TECHNICAL AND CONFORMING AMEND20 MENT.—The table of contents under section 1(b) of

21 the Homeland Security Act of 2002 (6 U.S.C. 101)

22 is amended by inserting after the item relating to

23 section 1808 the following:

‘‘Sec. 1809. Emergency communications operability and interoperable communications grants.’’
†

125

S 4 ES

1 (b) INTEROPERABLE COMMUNICATIONS PLANS.—

2 Section 7303 of the Intelligence Reform and Terrorist

3 Prevention Act of 2004 (6 U.S.C. 194) is amended—

4 (1) in subsection (f)—

5 (A) in paragraph (4), by striking ‘‘and’’ at

6 the end;

7 (B) in paragraph (5), by striking the pe8 riod at the end and inserting a semicolon; and

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

10 ‘‘(6) include information on the governance

11 structure used to develop the plan, such as all agen12 cies and organizations that participated in devel13 oping the plan and the scope and timeframe of the

14 plan; and

15 ‘‘(7) describe the method by which multi-juris16 dictional, multi-disciplinary input was provided from

17 all regions of the jurisdiction and the process for

18 continuing to incorporate such input.’’; and

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

20 and inserting ‘‘and video’’.

21 (c) NATIONAL EMERGENCY COMMUNICATIONS

22 PLAN.—Section 1802(c) of the Homeland Security Act of

23 2002 (6 U.S.C. 652(c)) is amended—

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

25 end;
†

126

S 4 ES

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

2 the end and inserting a semicolon; and

3 (3) by adding at the end the following:

4 ‘‘(10) set a date, including interim benchmarks,

5 as appropriate, by which State, local, and tribal gov6 ernments, Federal departments and agencies, emer7 gency response providers, and the private sector will

8 achieve interoperable communications as that term

9 is defined under section 7303(g)(1) of the Intel10 ligence Reform and Terrorism Prevention Act of

11 2004 (6 U.S.C. 194(g)(1).’’.

12 SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION

13 PROJECT.

14 (a) IN GENERAL.—

15 (1) ESTABLISHMENT.—There is established in

16 the Department an International Border Community

17 Interoperable Communications Demonstration

18 Project (referred to in this section as ‘‘demonstra19 tion project’’).

20 (2) MINIMUM NUMBER OF COMMUNITIES.—The

21 Secretary shall select no fewer than 6 communities

22 to participate in a demonstration project.

23 (3) LOCATION OF COMMUNITIES.—No fewer

24 than 3 of the communities selected under paragraph

25 (2) shall be located on the northern border of the
†

127

S 4 ES

1 United States and no fewer than 3 of the commu2 nities selected under paragraph (2) shall be located

3 on the southern border of the United States.

4 (b) PROGRAM REQUIREMENTS.—The demonstration

5 projects shall—

6 (1) address the interoperable communications

7 needs of emergency response providers and the Na8 tional Guard;

9 (2) foster interoperable emergency communica10 tions systems—

11 (A) among Federal, State, local, and tribal

12 government agencies in the United States in13 volved in preventing or responding to a natural

14 disaster, act of terrorism, or other man-made

15 disaster; and

16 (B) with similar agencies in Canada or

17 Mexico;

18 (3) identify common international cross-border

19 frequencies for communications equipment, including

20 radio or computer messaging equipment;

21 (4) foster the standardization of interoperable

22 emergency communications equipment;

23 (5) identify solutions that will facilitate inter24 operable communications across national borders ex25 peditiously;
†

128

S 4 ES

1 (6) ensure that emergency response providers

2 can communicate with each other and the public at

3 disaster sites;

4 (7) provide training and equipment to enable

5 emergency response providers to deal with threats

6 and contingencies in a variety of environments;

7 (8) identify and secure appropriate joint-use

8 equipment to ensure communications access; and

9 (9) identify solutions to facilitate communica10 tions between emergency response providers in com11 munities of differing population densities.

12 (c) DISTRIBUTION OF FUNDS.—

13 (1) IN GENERAL.—The Secretary shall dis14 tribute funds under this section to each community

15 participating in a demonstration project through the

16 State, or States, in which each community is lo17 cated.

18 (2) OTHER PARTICIPANTS.—Not later than 60

19 days after receiving funds under paragraph (1), a

20 State shall make the funds available to the local and

21 tribal governments and emergency response pro22 viders selected by the Secretary to participate in a

23 demonstration project.

24 (d) REPORTING.—
†

129

S 4 ES

1 (1) IN GENERAL.—Not later than December 31,

2 2007, and each year thereafter in which funds are

3 appropriated for a demonstration project, the Sec4 retary shall submit to the Committee on Homeland

5 Security and Governmental Affairs of the Senate

6 and the Committee on Homeland Security of the

7 House of Representatives a report on the demonstra8 tion projects.

9 (2) CONTENTS.—Each report under this sub10 section shall contain the following:

11 (A) The name and location of all commu12 nities involved in the demonstration project.

13 (B) The amount of funding provided to

14 each State for the demonstration project.

15 (C) An evaluation of the usefulness of the

16 demonstration project towards developing an ef17 fective interoperable communications system at

18 the borders.

19 (D) The factors that were used in deter20 mining how to distribute the funds in a risk21 based manner.

22 (E) The specific risks inherent to a border

23 community that make interoperable communica24 tions more difficult than in non-border commu25 nities.
†

130

S 4 ES

1 (F) The optimal ways to prioritize funding

2 for interoperable communication systems based

3 upon risk.

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There

5 are authorized to be appropriated such sums as are nec6 essary in each of fiscal years 2007, 2008, and 2009 to

7 carry out this section.

8 TITLE IV—EMERGENCY MAN9 AGEMENT PERFORMANCE

10 GRANTS PROGRAM

11 SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE

12 GRANTS PROGRAM.

13 Section 622 of the Post-Katrina Emergency Manage14 ment Reform Act of 2006 (6 U.S.C. 763) is amended to

15 read as follows:

16 ‘‘SEC. 622. EMERGENCY MANAGEMENT PERFORMANCE

17 GRANTS PROGRAM.

18 ‘‘(a) DEFINITIONS.—In this section:

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

20 means population according to the most recent

21 United States census population estimates available

22 at the start of the relevant fiscal year.

23 ‘‘(2) STATE.—The term ‘State’ has the mean24 ing given that term in section 101 of the Homeland

25 Security Act of 2002 (6 U.S.C. 101).
†

131

S 4 ES

1 ‘‘(b) IN GENERAL.—There is an Emergency Manage2 ment Performance Grants Program to make grants to

3 States to assist State, local, and tribal governments in pre4 paring for, responding to, recovering from, and mitigating

5 against all hazards.

6 ‘‘(c) APPLICATION.—

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

8 a grant under this section, and shall submit such in9 formation in support of an application as the Ad10 ministrator may reasonably require.

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

12 grants under this section shall apply or reapply on

13 an annual basis for grants distributed under the

14 program.

15 ‘‘(d) ALLOCATION.—Funds available under the

16 Emergency Management Performance Grants Program

17 shall be allocated as follows:

18 ‘‘(1) BASELINE AMOUNT.—

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

20 subparagraph (B), each State shall receive an

21 amount equal to 0.75 percent of the total funds

22 appropriated for grants under this section.

23 ‘‘(B) TERRITORIES.—American Samoa,

24 the Commonwealth of the Northern Mariana Is25 lands, Guam, and the Virgin Islands each shall
†

132

S 4 ES

1 receive an amount equal to 0.25 percent of the

2 amounts appropriated for grants under this sec3 tion.

4 ‘‘(2) PER CAPITA ALLOCATION.—The funds re5 maining for grants under this section after allocation

6 of the baseline amounts under paragraph (1) shall

7 be allocated to each State in proportion to its popu8 lation.

9 ‘‘(3) CONSISTENCY IN ALLOCATION.—Notwith10 standing paragraphs (1) and (2), in any fiscal year

11 in which the appropriation for grants under this sec12 tion is equal to or greater than the appropriation for

13 Emergency Management Performance Grants in fis14 cal year 2007, no State shall receive an amount

15 under this section for that fiscal year less than the

16 amount that State received in fiscal year 2007.

17 ‘‘(e) ALLOWABLE USES.—Grants awarded under this

18 section may be used to prepare for, respond to, recover

19 from, and mitigate against all hazards through—

20 ‘‘(1) any activity authorized under title VI or

21 section 201 of the Robert T. Stafford Disaster Relief

22 and Emergency Assistance Act (42 U.S.C. 5195 et

23 seq. and 5131);
†

133

S 4 ES

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

2 Year 2007 Program Guidance of the Department for

3 Emergency Management Performance Grants; and

4 ‘‘(3) any other activity approved by the Admin5 istrator that will improve the emergency manage6 ment capacity of State, local, or tribal governments

7 to coordinate, integrate, and enhance preparedness

8 for, response to, recovery from, or mitigation against

9 all-hazards.

10 ‘‘(f) COST SHARING.—

11 ‘‘(1) IN GENERAL.—Except as provided in sub12 section (i), the Federal share of the costs of an ac13 tivity carried out with a grant under this section

14 shall not exceed 50 percent.

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

16 grant under this section may meet the matching re17 quirement under paragraph (1) by making in-kind

18 contributions of goods or services that are directly

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

20 ‘‘(g) DISTRIBUTION OF FUNDS.—The Administrator

21 shall not delay distribution of grant funds to States under

22 this section solely because of delays in or timing of awards

23 of other grants administered by the Department.

24 ‘‘(h) LOCAL AND TRIBAL GOVERNMENTS.—
†

134

S 4 ES

1 ‘‘(1) IN GENERAL.—In allocating grant funds

2 received under this section, a State shall take into

3 account the needs of local and tribal governments.

4 ‘‘(2) INDIAN TRIBES.—States shall be respon5 sible for allocating grant funds received under this

6 section to tribal governments in order to help those

7 tribal communities improve their capabilities in pre8 paring for, responding to, recovering from, or miti9 gating against all hazards. Tribal governments shall

10 be eligible for funding directly from the States, and

11 shall not be required to seek funding from any local

12 government.

13 ‘‘(i) EMERGENCY OPERATIONS CENTERS IMPROVE14 MENT PROGRAM.—

15 ‘‘(1) IN GENERAL.—The Administrator may

16 award grants to States under this section to plan

17 for, equip, upgrade, or construct all-hazards State,

18 local, or regional emergency operations centers.

19 ‘‘(2) REQUIREMENTS.—No grant awards under

20 this section (including for the activities specified

21 under this subsection) shall be used for construction

22 unless such construction occurs under terms and

23 conditions consistent with the requirements under

24 section 611(j)(9) of the Robert T. Stafford Disaster
†

135

S 4 ES

1 Relief and Emergency Assistance Act (42 U.S.C.

2 5196(j)(9).

3 ‘‘(3) COST SHARING.—

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

5 the costs of an activity carried out with a grant

6 under this subsection shall not exceed 75 per7 cent.

8 ‘‘(B) IN KIND MATCHING.—Each recipient

9 of a grant for an activity under this section

10 may meet the matching requirement under sub11 paragraph (A) by making in-kind contributions

12 of goods or services that are directly linked with

13 the purpose for which the grant is made.

14 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—There

15 are authorized to be appropriated for grants under this

16 section—

17 ‘‘(1) for fiscal year 2007, such sums as are nec18 essary;

19 ‘‘(2) for each of fiscal years 2008, 2009, and

20 2010, $913,180,500; and

21 ‘‘(3) for fiscal year 2011, and each fiscal year

22 thereafter, such sums as are necessary.’’.
†

136

S 4 ES

1 TITLE V—ENHANCING SECURITY

2 OF INTERNATIONAL TRAVEL

3 SEC. 501. MODERNIZATION OF THE VISA WAIVER PRO4 GRAM.

5 (a) SHORT TITLE.—This section may be cited as the

6 ‘‘Secure Travel and Counterterrorism Partnership Act’’.

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that—

9 (1) the United States should modernize the visa

10 waiver program by simultaneously—

11 (A) enhancing program security require12 ments; and

13 (B) extending visa-free travel privileges to

14 nationals of foreign countries that are allies in

15 the war on terrorism; and

16 (2) the expansion described in paragraph (1)

17 will—

18 (A) enhance bilateral cooperation on crit19 ical counterterrorism and information sharing

20 initiatives;

21 (B) support and expand tourism and busi22 ness opportunities to enhance long-term eco23 nomic competitiveness; and

24 (C) strengthen bilateral relationships.
†

137

S 4 ES

1 (c) DISCRETIONARY VISA WAIVER PROGRAM EXPAN2 SION.—Section 217(c) of the Immigration and Nationality

3 Act (8 U.S.C. 1187(c)) is amended by adding at the end

4 the following:

5 ‘‘(8) NONIMMIGRANT VISA REFUSAL RATE

6 FLEXIBILITY.—

7 ‘‘(A) CERTIFICATION.—On the date on

8 which an air exit system is in place that can

9 verify the departure of not less than 97 percent

10 of foreign nationals that exit through airports

11 of the United States, the Secretary of Home12 land Security shall certify to Congress that

13 such air exit system is in place.

14 ‘‘(B) WAIVER.—After certification by the

15 Secretary under subparagraph (A), the Sec16 retary of Homeland Security, in consultation

17 with the Secretary of State, may waive the ap18 plication of paragraph (2)(A) for a country—

19 ‘‘(i) if the country meets all security

20 requirements of this section;

21 ‘‘(ii) if the Secretary of Homeland Se22 curity determines that the totality of the

23 country’s security risk mitigation measures

24 provide assurance that the country’s par25 ticipation in the program would not com-
†

138

S 4 ES

1 promise the law enforcement, security in2 terests, or enforcement of the immigration

3 laws of the United States;

4 ‘‘(iii) if there has been a sustained re5 duction in the rate of refusals for non6 immigrant visitor visas for nationals of the

7 country and conditions exist to continue

8 such reduction;

9 ‘‘(iv) the country cooperated with the

10 Government of the United States on

11 counterterrorism initiatives and informa12 tion sharing before the date of its designa13 tion as a program country, and the Sec14 retary of Homeland Security and the Sec15 retary of State expect such cooperation will

16 continue; and

17 ‘‘(v)(I) if the rate of refusals for non18 immigrant visitor visas for nationals of the

19 country during the previous full fiscal year

20 was not more than 10 percent; or

21 ‘‘(II) if the visa overstay rate for the

22 country for the previous full fiscal year

23 does not exceed the maximum visa overstay

24 rate, once it is established under subpara25 graph (C).
†

139

S 4 ES

1 ‘‘(C) MAXIMUM VISA OVERSTAY RATE.—

2 ‘‘(i) REQUIREMENT TO ESTABLISH.—

3 After certification by the Secretary under

4 subparagraph (A), the Secretary of Home5 land Security and the Secretary of State

6 jointly shall use information from the air

7 exit system referred to in subparagraph

8 (A) to establish a maximum visa overstay

9 rate for countries participating in the pro10 gram pursuant to a waiver under subpara11 graph (B).

12 ‘‘(ii) VISA OVERSTAY RATE DE13 FINED.—In this paragraph the term ‘visa

14 overstay rate’ means, with respect to a

15 country, the ratio of—

16 ‘‘(I) the total number of nation17 als of that country who were admitted

18 to the United States on the basis of a

19 nonimmigrant visitor visa for which

20 the period of stay authorized by such

21 visa ended during a fiscal year and

22 who remained in the United States

23 unlawfully beyond the such period of

24 stay; to
†

140

S 4 ES

1 ‘‘(II) the total number of nation2 als of that country who were admitted

3 to the United States on the basis of a

4 nonimmigrant visitor visa for which

5 the period of stay authorized by such

6 visa ended during such fiscal year.

7 ‘‘(iii) REPORT AND PUBLICATION.—

8 Secretary of Homeland Security shall sub9 mit to Congress and publish in the Federal

10 Register a notice of the maximum visa

11 overstay rate proposed to be established

12 under clause (i). Not less than 60 days

13 after the date such notice is submitted and

14 published, the Secretary shall issue a final

15 maximum visa overstay rate.

16 ‘‘(9) DISCRETIONARY SECURITY-RELATED CON17 SIDERATIONS.—In determining whether to waive the

18 application of paragraph (2)(A) for a country, pur19 suant to paragraph (8), the Secretary of Homeland

20 Security, in consultation with the Secretary of State,

21 shall take into consideration other factors affecting

22 the security of the United States, including—

23 ‘‘(A) airport security standards in the

24 country;
†

141

S 4 ES

1 ‘‘(B) whether the country assists in the op2 eration of an effective air marshal program;

3 ‘‘(C) the standards of passports and travel

4 documents issued by the country; and

5 ‘‘(D) other security-related factors.’’.

6 (d) SECURITY ENHANCEMENTS TO THE VISA WAIV7 ER PROGRAM.—

8 (1) IN GENERAL.—Section 217 of the Immigra9 tion and Nationality Act (8 U.S.C. 1187) is

10 amended—

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’’;

16 and

17 (ii) by adding at the end the fol18 lowing:

19 ‘‘(11) ELIGIBILITY DETERMINATION UNDER

20 THE ELECTRONIC TRAVEL AUTHORIZATION SYS21 TEM.—Beginning on the date on which the elec22 tronic travel authorization system developed under

23 subsection (h)(3) is fully operational, each alien

24 traveling under the program shall, before applying

25 for admission, electronically provide basic biographi-
†

142

S 4 ES

1 cal information to the system. Upon review of such

2 biographical information, the Secretary of Homeland

3 Security shall determine whether the alien is eligible

4 to travel to the United States under the program.’’;

5 (B) in subsection (c), as amended by sub6 section (c) of this section—

7 (i) in paragraph (2)—

8 (I) by amending subparagraph

9 (D) to read as follows:

10 ‘‘(D) REPORTING LOST AND STOLEN PASS11 PORTS.—The government of the country enters

12 into an agreement with the United States to re13 port, or make available through Interpol, to the

14 United States Government information about

15 the theft or loss of passports within a strict

16 time limit and in a manner specified in the

17 agreement.’’; and

18 (II) by adding at the end the fol19 lowing:

20 ‘‘(E) REPATRIATION OF ALIENS.—The

21 government of a country accepts for repatri22 ation any citizen, former citizen, or national

23 against whom a final executable order of re24 moval is issued not later than 3 weeks after the

25 issuance of the final order of removal. Nothing
†

143

S 4 ES

1 in this subparagraph creates any duty for the

2 United States or any right for any alien with

3 respect to removal or release. Nothing in this

4 subparagraph gives rise to any cause of action

5 or claim under this paragraph or any other law

6 against any official of the United States or of

7 any State to compel the release, removal, or

8 consideration for release or removal of any

9 alien.

10 ‘‘(F) PASSENGER INFORMATION EX11 CHANGE.—The government of the country en12 ters into an agreement with the United States

13 to share information regarding whether nation14 als of that country traveling to the United

15 States represent a threat to the security or wel16 fare of the United States or its citizens.’’;.

17 (ii) in paragraph (5)—

18 (I) by striking ‘‘Attorney Gen19 eral’’ each place it appears and insert20 ing ‘‘Secretary of Homeland Secu21 rity’’; and

22 (II) in subparagraph (A)(i)—

23 (aa) in subclause (II), by

24 striking ‘‘and’’ at the end;
†

144

S 4 ES

1 (bb) in subclause (III), by

2 striking the period at the end

3 and inserting ‘‘; and’’; and

4 (cc) by adding at the end

5 the following:

6 ‘‘(IV) shall submit to Congress a

7 report regarding the implementation

8 of the electronic travel authorization

9 system under subsection (h)(3) and

10 the participation of new countries in

11 the program through a waiver under

12 paragraph (8).’’; and

13 (iii) by adding at the end the fol14 lowing:

15 ‘‘(10) TECHNICAL ASSISTANCE.—The Secretary

16 of Homeland Security, in consultation with the Sec17 retary of State, shall provide technical assistance to

18 program countries to assist those countries in meet19 ing the requirements under this section.’’;

20 (C) in subsection (d), by adding at the end

21 the following: ‘‘The Secretary of Homeland Se22 curity may not waive any eligibility requirement

23 under this section unless the Secretary notifies

24 the appropriate congressional committees not
†

145

S 4 ES

1 later than 30 days before the effective date of

2 such waiver.’’;

3 (D) in subsection (f)(5), by striking ‘‘of

4 blank’’ and inserting ‘‘or loss of’’; and

5 (E) in subsection (h), by adding at the end

6 the following:

7 ‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION

8 SYSTEM.—

9 ‘‘(A) SYSTEM.—The Secretary of Home10 land Security, in consultation with the Sec11 retary of State, is authorized to develop and im12 plement a fully automated electronic travel au13 thorization system (referred to in this para14 graph as the ‘System’) to collect such basic bio15 graphical information as the Secretary of

16 Homeland Security determines to be necessary

17 to determine, in advance of travel, the eligibility

18 of an alien to travel to the United States under

19 the program.

20 ‘‘(B) FEES.—The Secretary of Homeland

21 Security may charge a fee for the use of the

22 System, which shall be—

23 ‘‘(i) set at a level that will ensure re24 covery of the full costs of providing and

25 administering the System; and
†

146

S 4 ES

1 ‘‘(ii) available to pay the costs in2 curred to administer the System.

3 ‘‘(C) VALIDITY.—

4 ‘‘(i) PERIOD.—The Secretary of

5 Homeland Security, in consultation with

6 the Secretary of State shall prescribe regu7 lations that provide for a period, not to ex8 ceed 3 years, during which a determination

9 of eligibility to travel under the program

10 will be valid. Notwithstanding any other

11 provision under this section, the Secretary

12 of Homeland Security may revoke any

13 such determination at any time and for

14 any reason.

15 ‘‘(ii) LIMITATION.—A determination

16 that an alien is eligible to travel to the

17 United States under the program is not a

18 determination that the alien is admissible

19 to the United States.

20 ‘‘(iii) JUDICIAL REVIEW.—Notwith21 standing any other provision of law, no

22 court shall have jurisdiction to review an

23 eligibility determination under the System.

24 ‘‘(D) REPORT.—Not later than 60 days

25 before publishing notice regarding the imple-
†

147

S 4 ES

1 mentation of the System in the Federal Reg2 ister, the Secretary of Homeland Security shall

3 submit a report regarding the implementation

4 of the System to—

5 ‘‘(i) the Committee on Homeland Se6 curity and Governmental Affairs of the

7 Senate;

8 ‘‘(ii) the Committee on the Judiciary

9 of the Senate;

10 ‘‘(iii) the Select Committee on Intel11 ligence of the Senate;

12 ‘‘(iv) the Committee on Appropria13 tions of the Senate;

14 ‘‘(v) the Committee on Homeland Se15 curity of the House of Representatives;

16 ‘‘(vi) the Committee on the Judiciary

17 of the House of Representatives;

18 ‘‘(vii) the Permanent Select Com19 mittee on Intelligence of the House of Rep20 resentatives; and

21 ‘‘(viii) the Committee on Appropria22 tions of the House of Representatives.’’.

23 (2) EFFECTIVE DATE.—Section 217(a)(11) of

24 the Immigration and Nationality Act, as added by

25 paragraph (1)(A)(ii) shall take effect on the date
†

148

S 4 ES

1 which is 60 days after the date on which the Sec2 retary of Homeland Security publishes notice in the

3 Federal Register of the requirement under such

4 paragraph.

5 (e) EXIT SYSTEM.—

6 (1) IN GENERAL.—Not later than 1 year after

7 the date of enactment of this Act, the Secretary of

8 Homeland Security shall establish an exit system

9 that records the departure on a flight leaving the

10 United States of every alien participating in the visa

11 waiver program established under section 217 of the

12 Immigration and Nationality Act (8 U.S.C. 1187).

13 (2) SYSTEM REQUIREMENTS.—The system es14 tablished under paragraph (1) shall—

15 (A) match biometric information of the

16 alien against relevant watch lists and immigra17 tion information; and

18 (B) compare such biometric information

19 against manifest information collected by air

20 carriers on passengers departing the United

21 States to confirm such individuals have de22 parted the United States.

23 (3) REPORT.—Not later than 180 days after

24 the date of enactment of this Act, the Secretary

25 shall submit a report to Congress that describes—
†

149

S 4 ES

1 (A) the progress made in developing and

2 deploying the exit system established under this

3 subsection; and

4 (B) the procedures by which the Secretary

5 will improve the manner of calculating the rates

6 of nonimmigrants who violate the terms of their

7 visas by remaining in the United States after

8 the expiration of such visas.

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There

10 are authorized to be appropriated such sums as may be

11 necessary to carry out this section and the amendments

12 made by this section.

13 SEC. 502. STRENGTHENING THE CAPABILITIES OF THE

14 HUMAN SMUGGLING AND TRAFFICKING CEN15 TER.

16 (a) IN GENERAL.—Section 7202 of the Intelligence

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

18 1777) is amended—

19 (1) in subsection (c)(1), by striking ‘‘address’’

20 and inserting ‘‘integrate and disseminate intelligence

21 and information related to’’;

22 (2) by redesignating subsections (d) and (e) as

23 subsections (g) and (h), respectively; and

24 (3) by inserting after subsection (c) the fol25 lowing new subsections:
†

150

S 4 ES

1 ‘‘(d) DIRECTOR.—The Secretary of Homeland Secu2 rity shall nominate an official of the Government of the

3 United States to serve as the Director of the Center, in

4 accordance with the requirements of the memorandum of

5 understanding entitled the ‘Human Smuggling and Traf6 ficking Center (HSTC) Charter’.

7 ‘‘(e) STAFFING OF THE CENTER.—

8 ‘‘(1) IN GENERAL.—The Secretary of Homeland

9 Security, in cooperation with heads of other relevant

10 agencies and departments, shall ensure that the

11 Center is staffed with not fewer than 40 full-time

12 equivalent positions, including, as appropriate,

13 detailees from the following:

14 ‘‘(A) The Office of Intelligence and Anal15 ysis.

16 ‘‘(B) The Transportation Security Admin17 istration.

18 ‘‘(C) The United States Citizenship and

19 Immigration Services.

20 ‘‘(D) The United States Customs and Bor21 der Protection.

22 ‘‘(E) The United States Coast Guard.

23 ‘‘(F) The United States Immigration and

24 Customs Enforcement.

25 ‘‘(G) The Central Intelligence Agency.
†

151

S 4 ES

1 ‘‘(H) The Department of Defense.

2 ‘‘(I) The Department of the Treasury.

3 ‘‘(J) The National Counterterrorism Cen4 ter.

5 ‘‘(K) The National Security Agency.

6 ‘‘(L) The Department of Justice.

7 ‘‘(M) The Department of State.

8 ‘‘(N) Any other relevant agency or depart9 ment.

10 ‘‘(2) EXPERTISE OF DETAILEES.—The Sec11 retary of Homeland Security, in cooperation with the

12 head of each agency, department, or other entity set

13 out under paragraph (1), shall ensure that the

14 detailees provided to the Center under paragraph (1)

15 include an adequate number of personnel with expe16 rience in the area of—

17 ‘‘(A) consular affairs;

18 ‘‘(B) counterterrorism;

19 ‘‘(C) criminal law enforcement;

20 ‘‘(D) intelligence analysis;

21 ‘‘(E) prevention and detection of document

22 fraud;

23 ‘‘(F) border inspection; or

24 ‘‘(G) immigration enforcement.
†

152

S 4 ES

1 ‘‘(3) REIMBURSEMENT FOR DETAILEES.—To

2 the extent that funds are available for such purpose,

3 the Secretary of Homeland Security shall provide re4 imbursement to each agency or department that pro5 vides a detailee to the Center, in such amount or

6 proportion as is appropriate for costs associated with

7 the provision of such detailee, including costs for

8 travel by, and benefits provided to, such detailee.

9 ‘‘(f) ADMINISTRATIVE SUPPORT AND FUNDING.—

10 The Secretary of Homeland Security shall provide to the

11 Center the administrative support and funding required

12 for its maintenance, including funding for personnel, leas13 ing of office space, supplies, equipment, technology, train14 ing, and travel expenses necessary for the Center to carry

15 out its functions.’’.

16 (b) REPORT.—Subsection (g) of section 7202 of the

17 Intelligence Reform and Terrorism Prevention Act of

18 2004 (8 U.S.C. 1777), as redesignated by subsection

19 (a)(2), is amended—

20 (1) in the heading, by striking ‘‘REPORT’’ and

21 inserting ‘‘INITIAL REPORT’’;

22 (2) by redesignating such subsection (g) as

23 paragraph (1);

24 (3) by indenting such paragraph, as so des25 ignated, four ems from the left margin;
†

153

S 4 ES

1 (4) by inserting before such paragraph, as so

2 designated, the following:

3 ‘‘(g) REPORT.—’’; and

4 (5) by inserting after such paragraph, as so

5 designated, the following new paragraph:

6 ‘‘(2) FOLLOW-UP REPORT.—Not later than 180

7 days after the date of enactment of the Improving

8 America’s Security Act of 2007, the President shall

9 transmit to Congress a report regarding the oper10 ation of the Center and the activities carried out by

11 the Center, including a description of—

12 ‘‘(A) the roles and responsibilities of each

13 agency or department that is participating in

14 the Center;

15 ‘‘(B) the mechanisms used to share infor16 mation among each such agency or department;

17 ‘‘(C) the staff provided to the Center by

18 each such agency or department;

19 ‘‘(D) the type of information and reports

20 being disseminated by the Center; and

21 ‘‘(E) any efforts by the Center to create a

22 centralized Federal Government database to

23 store information related to illicit travel of for24 eign nationals, including a description of any

25 such database and of the manner in which in-
†

154

S 4 ES

1 formation utilized in such a database would be

2 collected, stored, and shared.’’.

3 (c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Secretary to carry

5 out section 7202 of the Intelligence Reform and Terrorism

6 Prevention Act of 2004 (8 U.S.C. 1777), as amended by

7 this section, $20,000,000 for fiscal year 2008.

8 SEC. 503. ENHANCEMENTS TO THE TERRORIST TRAVEL

9 PROGRAM.

10 Section 7215 of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 (6 U.S.C. 123) is amended

12 to read as follows:

13 ‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM.

14 ‘‘(a) REQUIREMENT TO ESTABLISH.—Not later than

15 90 days after the date of enactment of the Improving

16 America’s Security Act of 2007, the Secretary of Home17 land Security, in consultation with the Director of the Na18 tional Counterterrorism Center and consistent with the

19 strategy developed under section 7201, shall establish a

20 program to oversee the implementation of the Secretary’s

21 responsibilities with respect to terrorist travel.

22 ‘‘(b) HEAD OF THE PROGRAM.—The Secretary of

23 Homeland Security shall designate an official of the De24 partment of Homeland Security to be responsible for car25 rying out the program. Such official shall be—
†

155

S 4 ES

1 ‘‘(1) the Assistant Secretary for Policy of the

2 Department of Homeland Security; or

3 ‘‘(2) an official appointed by the Secretary who

4 reports directly to the Secretary.

5 ‘‘(c) DUTIES.—The official designated under sub6 section (b) shall assist the Secretary of Homeland Security

7 in improving the Department’s ability to prevent terrorists

8 from entering the United States or remaining in the

9 United States undetected by—

10 ‘‘(1) developing relevant strategies and policies;

11 ‘‘(2) reviewing the effectiveness of existing pro12 grams and recommending improvements, if nec13 essary;

14 ‘‘(3) making recommendations on budget re15 quests and on the allocation of funding and per16 sonnel;

17 ‘‘(4) ensuring effective coordination, with re18 spect to policies, programs, planning, operations,

19 and dissemination of intelligence and information re20 lated to terrorist travel—

21 ‘‘(A) among appropriate subdivisions of the

22 Department of Homeland Security, as deter23 mined by the Secretary and including—

24 ‘‘(i) the United States Customs and

25 Border Protection;
†

156

S 4 ES

1 ‘‘(ii) the United States Immigration

2 and Customs Enforcement;

3 ‘‘(iii) the United States Citizenship

4 and Immigration Services;

5 ‘‘(iv) the Transportation Security Ad6 ministration; and

7 ‘‘(v) the United States Coast Guard;

8 and

9 ‘‘(B) between the Department of Home10 land Security and other appropriate Federal

11 agencies; and

12 ‘‘(5) serving as the Secretary’s primary point of

13 contact with the National Counterterrorism Center

14 for implementing initiatives related to terrorist trav15 el and ensuring that the recommendations of the

16 Center related to terrorist travel are carried out by

17 the Department.

18 ‘‘(d) REPORT.—Not later than 180 days after the

19 date of enactment of the Improving America’s Security

20 Act of 2007, the Secretary of Homeland Security shall

21 submit to the Committee on Homeland Security and Gov22 ernmental Affairs of the Senate and the Committee on

23 Homeland Security of the House of Representatives a re24 port on the implementation of this section.’’.
†

157

S 4 ES

1 SEC. 504. ENHANCED DRIVER’S LICENSE.

2 Section 7209(b)(1) of the Intelligence Reform and

3 Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note)

4 is amended—

5 (1) in subparagraph (B)—

6 (A) in clause (vi), by striking ‘‘and’’ at the

7 end;

8 (B) in clause (vii), by striking the period

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

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

11 ‘‘(viii) the signing of a memorandum

12 of agreement to initiate a pilot program

13 with not less than 1 State to determine if

14 an enhanced driver’s license, which is ma15 chine-readable and tamper proof, not valid

16 for certification of citizenship for any pur17 pose other than admission into the United

18 States from Canada, and issued by such

19 State to an individual, may permit the in20 dividual to use the driver’s license to meet

21 the documentation requirements under

22 subparagraph (A) for entry into the United

23 States from Canada at the land and sea

24 ports of entry.’’; and

25 (2) by adding at the end the following:
†

158

S 4 ES

1 ‘‘(C) REPORT.—Not later than 180 days

2 after the initiation of the pilot program de3 scribed in subparagraph (B)(viii), the Secretary

4 of Homeland Security and Secretary of State

5 shall submit to the appropriate congressional

6 committees a report, which includes—

7 ‘‘(i) an analysis of the impact of the

8 pilot program on national security;

9 ‘‘(ii) recommendations on how to ex10 pand the pilot program to other States;

11 ‘‘(iii) any appropriate statutory

12 changes to facilitate the expansion of the

13 pilot program to additional States and to

14 citizens of Canada;

15 ‘‘(iv) a plan to scan individuals par16 ticipating in the pilot program against

17 United States terrorist watch lists; and

18 ‘‘(v) a recommendation for the type of

19 machine-readable technology that should

20 be used in enhanced driver’s licenses,

21 based on individual privacy considerations

22 and the costs and feasibility of incor23 porating any new technology into existing

24 driver’s licenses.’’.
†

159

S 4 ES

1 SEC. 505. WESTERN HEMISPHERE TRAVEL INITIATIVE.

2 Before publishing a final rule in the Federal Register,

3 the Secretary shall conduct—

4 (1) a complete cost-benefit analysis of the West5 ern Hemisphere Travel Initiative, authorized under

6 section 7209 of the Intelligence Reform and Ter7 rorism Prevention Act of 2004 (Public Law 108–

8 458; 8 U.S.C. 1185 note); and

9 (2) a study of the mechanisms by which the

10 execution fee for a PASS Card could be reduced,

11 considering the potential increase in the number of

12 applications.

13 SEC. 506. MODEL PORTS-OF-ENTRY.

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity shall—

16 (1) establish a model ports-of-entry program for

17 the purpose of providing a more efficient and wel18 coming international arrival process in order to fa19 cilitate and promote business and tourist travel to

20 the United States, while also improving security; and

21 (2) implement the program initially at the 20

22 United States international airports with the great23 est average annual number of arriving foreign visi24 tors.

25 (b) PROGRAM ELEMENTS.—The program shall

26 include—
†

160

S 4 ES

1 (1) enhanced queue management in the Federal

2 Inspection Services area leading up to primary in3 spection;

4 (2) assistance for foreign travelers once they

5 have been admitted to the United States, in con6 sultation, as appropriate, with relevant governmental

7 and nongovernmental entities; and

8 (3) instructional videos, in English and such

9 other languages as the Secretary determines appro10 priate, in the Federal Inspection Services area that

11 explain the United States inspection process and fea12 ture national, regional, or local welcome videos.

13 (c) ADDITIONAL CUSTOMS AND BORDER PROTEC14 TION OFFICERS FOR HIGH VOLUME PORTS.—Subject to

15 the availability of appropriations, before the end of fiscal

16 year 2008 the Secretary of Homeland Security shall em17 ploy not less than an additional 200 Customs and Border

18 Protection officers to address staff shortages at the 20

19 United States international airports with the highest aver20 age number of foreign visitors arriving annually.
†

161

S 4 ES

1 TITLE VI—PRIVACY AND CIVIL

2 LIBERTIES MATTERS

3 SEC. 601. MODIFICATION OF AUTHORITIES RELATING TO

4 PRIVACY AND CIVIL LIBERTIES OVERSIGHT

5 BOARD.

6 (a) MODIFICATION OF AUTHORITIES.—Section 1061

7 of the National Security Intelligence Reform Act of 2004

8 (title I of Public Law 108–458; 5 U.S.C. 601 note) is

9 amended 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

17 National Commission on Terrorist Attacks Upon the

18 United 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

25 are vital to our way of life and to ensure that the
†

162

S 4 ES

1 Government uses its powers for the purposes for

2 which the 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,

6 ensuring that the need for such actions is balanced

7 with the need to protect privacy and civil liberties;

8 and

9 ‘‘(2) ensure that liberty concerns are appro10 priately considered in the development and imple11 mentation of laws, regulations, and policies related

12 to efforts to protect the Nation against terrorism.

13 ‘‘(d) FUNCTIONS.—

14 ‘‘(1) ADVICE AND COUNSEL ON POLICY DEVEL15 OPMENT AND IMPLEMENTATION.—The Board

16 shall—

17 ‘‘(A) review proposed legislation, regula18 tions, and policies related to efforts to protect

19 the Nation from terrorism, including the devel20 opment and adoption of information sharing

21 guidelines under subsections (d) and (f) of sec22 tion 1016;

23 ‘‘(B) review the implementation of new and

24 existing legislation, regulations, and policies re25 lated to efforts to protect the Nation from ter-
†

163

S 4 ES

1 rorism, including the implementation of infor2 mation sharing guidelines under subsections (d)

3 and (f) of section 1016;

4 ‘‘(C) advise the President and the depart5 ments, agencies, and elements of the executive

6 branch to ensure that privacy and civil liberties

7 are appropriately considered in the development

8 and implementation of such legislation, regula9 tions, policies, and guidelines; and

10 ‘‘(D) in providing advice on proposals to

11 retain or enhance a particular governmental

12 power, consider whether the department, agen13 cy, or element of the executive branch has

14 established—

15 ‘‘(i) that the need for the power is

16 balanced with the need to protect privacy

17 and civil liberties;

18 ‘‘(ii) that there is adequate super19 vision of the use by the executive branch of

20 the power to ensure protection of privacy

21 and civil liberties; and

22 ‘‘(iii) that there are adequate guide23 lines and oversight to properly confine its

24 use.
†

164

S 4 ES

1 ‘‘(2) OVERSIGHT.—The Board shall continually

2 review—

3 ‘‘(A) the regulations, policies, and proce4 dures, and the implementation of the regula5 tions, policies, and procedures, of the depart6 ments, agencies, and elements of the executive

7 branch to ensure that privacy and civil liberties

8 are protected;

9 ‘‘(B) the information sharing practices of

10 the departments, agencies, and elements of the

11 executive branch to determine whether they ap12 propriately protect privacy and civil liberties

13 and adhere to the information sharing guide14 lines issued or developed under subsections (d)

15 and (f) of section 1016 and to other governing

16 laws, regulations, and policies regarding privacy

17 and civil liberties; and

18 ‘‘(C) other actions by the executive branch

19 related to efforts to protect the Nation from

20 terrorism to determine whether such actions—

21 ‘‘(i) appropriately protect privacy and

22 civil liberties; and

23 ‘‘(ii) are consistent with governing

24 laws, regulations, and policies regarding

25 privacy and civil liberties.
†

165

S 4 ES

1 ‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL

2 LIBERTIES OFFICERS.—The Board shall—

3 ‘‘(A) review and assess reports and other

4 information from privacy officers and civil lib5 erties officers under section 1062;

6 ‘‘(B) when appropriate, make recommenda7 tions to such privacy officers and civil liberties

8 officers regarding their activities; and

9 ‘‘(C) when appropriate, coordinate the ac10 tivities of such privacy officers and civil liberties

11 officers on relevant interagency matters.

12 ‘‘(4) TESTIMONY.—The members of the Board

13 shall appear and testify before Congress upon re14 quest.

15 ‘‘(e) REPORTS.—

16 ‘‘(1) IN GENERAL.—The Board shall—

17 ‘‘(A) receive and review reports from pri18 vacy officers and civil liberties officers under

19 section 1062; and

20 ‘‘(B) periodically submit, not less than

21 semiannually, reports—

22 ‘‘(i)(I) to the appropriate committees

23 of Congress, including the Committee on

24 the Judiciary of the Senate, the Committee

25 on the Judiciary of the House of Rep-
†

166

S 4 ES

1 resentatives, the Committee on Homeland

2 Security and Governmental Affairs of the

3 Senate, the Committee on Oversight and

4 Government Reform of the House of Rep5 resentatives, the Select Committee on In6 telligence of the Senate, and the Perma7 nent Select Committee on Intelligence of

8 the House of Representatives; and

9 ‘‘(II) to the President; and

10 ‘‘(ii) which shall be in unclassified

11 form to the greatest extent possible, with a

12 classified annex where necessary.

13 ‘‘(2) CONTENTS.—Not less than 2 reports sub14 mitted each year under paragraph (1)(B) shall

15 include—

16 ‘‘(A) a description of the major activities

17 of the Board during the preceding period;

18 ‘‘(B) information on the findings, conclu19 sions, and recommendations of the Board re20 sulting from its advice and oversight functions

21 under subsection (d);

22 ‘‘(C) the minority views on any findings,

23 conclusions, and recommendations of the Board

24 resulting from its advice and oversight func25 tions under subsection (d);
†

167

S 4 ES

1 ‘‘(D) each proposal reviewed by the Board

2 under subsection (d)(1) that—

3 ‘‘(i) the Board advised against imple4 mentation; and

5 ‘‘(ii) notwithstanding such advice, ac6 tions were taken to implement; and

7 ‘‘(E) for the preceding period, any requests

8 submitted under subsection (g)(1)(D) for the

9 issuance of subpoenas that were modified or de10 nied by the Attorney General.

11 ‘‘(f) INFORMING THE PUBLIC.—The Board shall—

12 ‘‘(1) make its reports, including its reports to

13 Congress, available to the public to the greatest ex14 tent that is consistent with the protection of classi15 fied information and applicable law; and

16 ‘‘(2) hold public hearings and otherwise inform

17 the public of its activities, as appropriate and in a

18 manner consistent with the protection of classified

19 information and applicable law.

20 ‘‘(g) ACCESS TO INFORMATION.—

21 ‘‘(1) AUTHORIZATION.—If determined by the

22 Board to be necessary to carry out its responsibil23 ities under this section, the Board is authorized to—

24 ‘‘(A) have access from any department,

25 agency, or element of the executive branch, or
†

168

S 4 ES

1 any Federal officer or employee, to all relevant

2 records, reports, audits, reviews, documents, pa3 pers, recommendations, or other relevant mate4 rial, including classified information consistent

5 with applicable law;

6 ‘‘(B) interview, take statements from, or

7 take public testimony from personnel of any de8 partment, agency, or element of the executive

9 branch, or any Federal officer or employee;

10 ‘‘(C) request information or assistance

11 from any State, tribal, or local government; and

12 ‘‘(D) at the direction of a majority of the

13 members of the Board, submit a written re14 quest to the Attorney General of the United

15 States that the Attorney General require, by

16 subpoena, persons (other than departments,

17 agencies, and elements of the executive branch)

18 to produce any relevant information, docu19 ments, reports, answers, records, accounts, pa20 pers, and other documentary or testimonial evi21 dence.

22 ‘‘(2) REVIEW OF SUBPOENA REQUEST.—

23 ‘‘(A) IN GENERAL.—Not later than 30

24 days after the date of receipt of a request by
†

169

S 4 ES

1 the Board under paragraph (1)(D), the Attor2 ney General shall—

3 ‘‘(i) issue the subpoena as requested;

4 or

5 ‘‘(ii) provide the Board, in writing,

6 with an explanation of the grounds on

7 which the subpoena request has been modi8 fied or denied.

9 ‘‘(B) NOTIFICATION.—If a subpoena re10 quest is modified or denied under subparagraph

11 (A)(ii), the Attorney General shall, not later

12 than 30 days after the date of that modification

13 or denial, notify the Committee on the Judici14 ary of the Senate and the Committee on the

15 Judiciary of the House of Representatives.

16 ‘‘(3) ENFORCEMENT OF SUBPOENA.—In the

17 case of contumacy or failure to obey a subpoena

18 issued pursuant to paragraph (1)(D), the United

19 States district court for the judicial district in which

20 the subpoenaed person resides, is served, or may be

21 found may issue an order requiring such person to

22 produce the evidence required by such subpoena.

23 ‘‘(4) AGENCY COOPERATION.—Whenever infor24 mation or assistance requested under subparagraph

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

170

S 4 ES

1 the Board, unreasonably refused or not provided, the

2 Board shall report the circumstances to the head of

3 the department, agency, or element concerned with4 out delay. The head of the department, agency, or

5 element concerned shall ensure that the Board is

6 given access to the information, assistance, material,

7 or personnel the Board determines to be necessary

8 to carry out its functions.

9 ‘‘(h) MEMBERSHIP.—

10 ‘‘(1) MEMBERS.—The Board shall be composed

11 of a full-time chairman and 4 additional members,

12 who shall be appointed by the President, by and

13 with the advice and consent of the Senate.

14 ‘‘(2) QUALIFICATIONS.—Members of the Board

15 shall be selected solely on the basis of their profes16 sional qualifications, achievements, public stature,

17 expertise in civil liberties and privacy, and relevant

18 experience, and without regard to political affiliation,

19 but in no event shall more than 3 members of the

20 Board be members of the same political party.

21 ‘‘(3) INCOMPATIBLE OFFICE.—An individual

22 appointed to the Board may not, while serving on

23 the Board, be an elected official, officer, or employee

24 of the Federal Government, other than in the capac25 ity as a member of the Board.
†

171

S 4 ES

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

2 serve a term of 6 years, except that—

3 ‘‘(A) a member appointed to a term of of4 fice after the commencement of such term may

5 serve under such appointment only for the re6 mainder of such term;

7 ‘‘(B) upon the expiration of the term of of8 fice of a member, the member shall continue to

9 serve until the member’s successor has been ap10 pointed and qualified, except that no member

11 may serve under this subparagraph—

12 ‘‘(i) for more than 60 days when Con13 gress is in session unless a nomination to

14 fill the vacancy shall have been submitted

15 to the Senate; or

16 ‘‘(ii) after the adjournment sine die of

17 the session of the Senate in which such

18 nomination is submitted; and

19 ‘‘(C) the members first appointed under

20 this subsection after the date of enactment of

21 the Improving America’s Security Act of 2007

22 shall serve terms of two, three, four, five, and

23 six years, respectively, with the term of each

24 such member to be designated by the President.
†

172

S 4 ES

1 ‘‘(5) QUORUM AND MEETINGS.—After its initial

2 meeting, the Board shall meet upon the call of the

3 chairman or a majority of its members. Three mem4 bers of the Board shall constitute a quorum.

5 ‘‘(i) COMPENSATION AND TRAVEL EXPENSES.—

6 ‘‘(1) COMPENSATION.—

7 ‘‘(A) CHAIRMAN.—The chairman of the

8 Board shall be compensated at the rate of pay

9 payable for a position at level III of the Execu10 tive Schedule under section 5314 of title 5,

11 United States Code.

12 ‘‘(B) MEMBERS.—Each member of the

13 Board shall be compensated at a rate of pay

14 payable for a position at level IV of the Execu15 tive Schedule under section 5315 of title 5,

16 United States Code, for each day during which

17 that member is engaged in the actual perform18 ance of the duties of the Board.

19 ‘‘(2) TRAVEL EXPENSES.—Members of the

20 Board shall be allowed travel expenses, including per

21 diem in lieu of subsistence, at rates authorized for

22 persons employed intermittently by the Government

23 under section 5703(b) of title 5, United States Code,

24 while away from their homes or regular places of
†

173

S 4 ES

1 business in the performance of services for the

2 Board.

3 ‘‘(j) STAFF.—

4 ‘‘(1) APPOINTMENT AND COMPENSATION.—The

5 chairman of the Board, in accordance with rules

6 agreed upon by the Board, shall appoint and fix the

7 compensation of a full-time executive director and

8 such other personnel as may be necessary to enable

9 the Board to carry out its functions, without regard

10 to the provisions of title 5, United States Code, gov11 erning appointments in the competitive service, and

12 without regard to the provisions of chapter 51 and

13 subchapter III of chapter 53 of such title relating to

14 classification and General Schedule pay rates, except

15 that no rate of pay fixed under this subsection may

16 exceed the equivalent of that payable for a position

17 at level V of the Executive Schedule under section

18 5316 of title 5, United States Code.

19 ‘‘(2) DETAILEES.—Any Federal employee may

20 be detailed to the Board without reimbursement

21 from the Board, and such detailee shall retain the

22 rights, status, and privileges of the detailee’s regular

23 employment without interruption.

24 ‘‘(3) CONSULTANT SERVICES.—The Board may

25 procure the temporary or intermittent services of ex-
†

174

S 4 ES

1 perts and consultants in accordance with section

2 3109 of title 5, United States Code, at rates that do

3 not exceed the daily rate paid a person occupying a

4 position at level IV of the Executive Schedule under

5 section 5315 of such title.

6 ‘‘(k) SECURITY CLEARANCES.—The appropriate de7 partments, agencies, and elements of the executive branch

8 shall cooperate with the Board to expeditiously provide the

9 Board members and staff with appropriate security clear10 ances to the extent possible under existing procedures and

11 requirements.

12 ‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY

13 COMMITTEE.—The Board—

14 ‘‘(1) is an agency (as defined in section 551(1)

15 of title 5, United States Code); and

16 ‘‘(2) is not an advisory committee (as defined in

17 section 3(2) of the Federal Advisory Committee Act

18 (5 U.S.C. App.)).

19 ‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There

20 are authorized to be appropriated to carry out this section

21 amounts as follows:

22 ‘‘(1) For fiscal year 2008, $5,000,000.

23 ‘‘(2) For fiscal year 2009, $6,650,000.

24 ‘‘(3) For fiscal year 2010, $8,300,000.

25 ‘‘(4) For fiscal year 2011, $10,000,000.
†

175

S 4 ES

1 ‘‘(5) For fiscal year 2012, and each fiscal year

2 thereafter, such sums as may be necessary.’’.

3 (b) CONTINUATION OF SERVICE OF CURRENT MEM4 BERS OF PRIVACY AND CIVIL LIBERTIES BOARD.—The

5 members of the Privacy and Civil Liberties Oversight

6 Board as of the date of enactment of this Act may con7 tinue to serve as members of that Board after that date,

8 and to carry out the functions and exercise the powers

9 of that Board as specified in section 1061 of the National

10 Security Intelligence Reform Act of 2004 (as amended by

11 subsection (a)), until—

12 (1) in the case of any individual serving as a

13 member of the Board under an appointment by the

14 President, by and with the advice and consent of the

15 Senate, the expiration of a term designated by the

16 President under section 1061(h)(4)(C) of such Act

17 (as so amended);

18 (2) in the case of any individual serving as a

19 member of the Board other than under an appoint20 ment by the President, by and with the advice and

21 consent of the Senate, the confirmation or rejection

22 by the Senate of that member’s nomination to the

23 Board under such section 1061 (as so amended), ex24 cept that no such individual may serve as a member

25 under this paragraph—
†

176

S 4 ES

1 (A) for more than 60 days when Congress

2 is in session unless a nomination of that indi3 vidual to be a member of the Board has been

4 submitted to the Senate; or

5 (B) after the adjournment sine die of the

6 session of the Senate in which such nomination

7 is submitted; or

8 (3) the appointment of members of the Board

9 under such section 1061 (as so amended), except

10 that no member may serve under this paragraph—

11 (A) for more than 60 days when Congress

12 is in session unless a nomination to fill the posi13 tion on the Board shall have been submitted to

14 the Senate; or

15 (B) after the adjournment sine die of the

16 session of the Senate in which such nomination

17 is submitted.

18 SEC. 602. PRIVACY AND CIVIL LIBERTIES OFFICERS.

19 (a) IN GENERAL.—Section 1062 of the National Se20 curity Intelligence Reform Act of 2004 (title I of Public

21 Law 108–458; 118 Stat. 3688) is amended to read as fol22 lows:

23 ‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

24 ‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney

25 General, the Secretary of Defense, the Secretary of State,
†

177

S 4 ES

1 the Secretary of the Treasury, the Secretary of Health and

2 Human Services, the Secretary of Homeland Security, the

3 Director of National Intelligence, the Director of the Cen4 tral Intelligence Agency, and the head of any other depart5 ment, agency, or element of the executive branch des6 ignated by the Privacy and Civil Liberties Oversight

7 Board under section 1061 to be appropriate for coverage

8 under this section shall designate not less than 1 senior

9 officer to—

10 ‘‘(1) assist the head of such department, agen11 cy, or element and other officials of such depart12 ment, agency, or element in appropriately consid13 ering privacy and civil liberties concerns when such

14 officials are proposing, developing, or implementing

15 laws, regulations, policies, procedures, or guidelines

16 related to efforts to protect the Nation against ter17 rorism;

18 ‘‘(2) periodically investigate and review depart19 ment, agency, or element actions, policies, proce20 dures, guidelines, and related laws and their imple21 mentation to ensure that such department, agency,

22 or element is adequately considering privacy and

23 civil liberties in its actions;

24 ‘‘(3) ensure that such department, agency, or

25 element has adequate procedures to receive, inves-
†

178

S 4 ES

1 tigate, respond to, and redress complaints from indi2 viduals who allege such department, agency, or ele3 ment has violated their privacy or civil liberties; and

4 ‘‘(4) in providing advice on proposals to retain

5 or enhance a particular governmental power the offi6 cer shall consider whether such department, agency,

7 or element has established—

8 ‘‘(A) that the need for the power is bal9 anced with the need to protect privacy and civil

10 liberties;

11 ‘‘(B) that there is adequate supervision of

12 the use by such department, agency, or element

13 of the power to ensure protection of privacy and

14 civil liberties; and

15 ‘‘(C) that there are adequate guidelines

16 and oversight to properly confine its use.

17 ‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.—

18 ‘‘(1) PRIVACY OFFICERS.—In any department,

19 agency, or element referred to in subsection (a) or

20 designated by the Privacy and Civil Liberties Over21 sight Board, which has a statutorily created privacy

22 officer, such officer shall perform the functions spec23 ified in subsection (a) with respect to privacy.

24 ‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de25 partment, agency, or element referred to in sub-
†

179

S 4 ES

1 section (a) or designated by the Board, which has a

2 statutorily created civil liberties officer, such officer

3 shall perform the functions specified in subsection

4 (a) with respect to civil liberties.

5 ‘‘(c) SUPERVISION AND COORDINATION.—Each pri6 vacy officer or civil liberties officer described in subsection

7 (a) or (b) shall—

8 ‘‘(1) report directly to the head of the depart9 ment, agency, or element concerned; and

10 ‘‘(2) coordinate their activities with the Inspec11 tor General of such department, agency, or element

12 to avoid duplication of effort.

13 ‘‘(d) AGENCY COOPERATION.—The head of each de14 partment, agency, or element shall ensure that each pri15 vacy officer and civil liberties officer—

16 ‘‘(1) has the information, material, and re17 sources necessary to fulfill the functions of such offi18 cer;

19 ‘‘(2) is advised of proposed policy changes;

20 ‘‘(3) is consulted by decision makers; and

21 ‘‘(4) is given access to material and personnel

22 the officer determines to be necessary to carry out

23 the functions of such officer.

24 ‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ac25 tion constituting a reprisal, or threat of reprisal, for mak-
†

180

S 4 ES

1 ing a complaint or for disclosing information to a privacy

2 officer or civil liberties officer described in subsection (a)

3 or (b), or to the Privacy and Civil Liberties Oversight

4 Board, that indicates a possible violation of privacy protec5 tions or civil liberties in the administration of the pro6 grams and operations of the Federal Government relating

7 to efforts to protect the Nation from terrorism shall be

8 taken by any Federal employee in a position to take such

9 action, unless the complaint was made or the information

10 was disclosed with the knowledge that it was false or with

11 willful disregard for its truth or falsity.

12 ‘‘(f) PERIODIC REPORTS.—

13 ‘‘(1) IN GENERAL.—The privacy officers and

14 civil liberties officers of each department, agency, or

15 element referred to or described in subsection (a) or

16 (b) shall periodically, but not less than quarterly,

17 submit a report on the activities of such officers—

18 ‘‘(A)(i) to the appropriate committees of

19 Congress, including the Committee on the Judi20 ciary of the Senate, the Committee on the Judi21 ciary of the House of Representatives, the Com22 mittee on Homeland Security and Govern23 mental Affairs of the Senate, the Committee on

24 Oversight and Government Reform of the

25 House of Representatives, the Select Committee
†

181

S 4 ES

1 on Intelligence of the Senate, and the Perma2 nent Select Committee on Intelligence of the

3 House of Representatives;

4 ‘‘(ii) to the head of such department, agen5 cy, or element; and

6 ‘‘(iii) to the Privacy and Civil Liberties

7 Oversight Board; and

8 ‘‘(B) which shall be in unclassified form to

9 the greatest extent possible, with a classified

10 annex where necessary.

11 ‘‘(2) CONTENTS.—Each report submitted under

12 paragraph (1) shall include information on the dis13 charge of each of the functions of the officer con14 cerned, including—

15 ‘‘(A) information on the number and types

16 of reviews undertaken;

17 ‘‘(B) the type of advice provided and the

18 response given to such advice;

19 ‘‘(C) the number and nature of the com20 plaints received by the department, agency, or

21 element concerned for alleged violations; and

22 ‘‘(D) a summary of the disposition of such

23 complaints, the reviews and inquiries conducted,

24 and the impact of the activities of such officer.
†

182

S 4 ES

1 ‘‘(g) INFORMING THE PUBLIC.—Each privacy officer

2 and civil liberties officer shall—

3 ‘‘(1) make the reports of such officer, including

4 reports to Congress, available to the public to the

5 greatest extent that is consistent with the protection

6 of classified information and applicable law; and

7 ‘‘(2) otherwise inform the public of the activi8 ties of such officer, as appropriate and in a manner

9 consistent with the protection of classified informa10 tion and applicable law.

11 ‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall

12 be construed to limit or otherwise supplant any other au13 thorities or responsibilities provided by law to privacy offi14 cers or civil liberties officers.’’.

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

16 for the Intelligence Reform and Terrorism Prevention Act

17 of 2004 (Public Law 108–458) is amended by striking the

18 item relating to section 1062 and inserting the following

19 new item:

‘‘Sec. 1062. Privacy and civil liberties officers.’’.

20 SEC. 603. DEPARTMENT PRIVACY OFFICER.

21 Section 222 of the Homeland Security Act of 2002

22 (6 U.S.C. 142) is amended—

23 (1) by inserting ‘‘(a) APPOINTMENT AND RE24 SPONSIBILITIES.—’’ before ‘‘The Secretary’’; and

25 (2) by adding at the end the following:
†

183

S 4 ES

1 ‘‘(b) AUTHORITY TO INVESTIGATE.—

2 ‘‘(1) IN GENERAL.—The senior official ap3 pointed under subsection (a) may—

4 ‘‘(A) have access to all records, reports,

5 audits, reviews, documents, papers, rec6 ommendations, and other materials available to

7 the Department that relate to programs and op8 erations with respect to the responsibilities of

9 the senior official under this section;

10 ‘‘(B) make such investigations and reports

11 relating to the administration of the programs

12 and operations of the Department that are nec13 essary or desirable as determined by that senior

14 official;

15 ‘‘(C) subject to the approval of the Sec16 retary, require by subpoena the production, by

17 any person other than a Federal agency, of all

18 information, documents, reports, answers,

19 records, accounts, papers, and other data and

20 documentary evidence necessary to performance

21 of the responsibilities of the senior official

22 under this section; and

23 ‘‘(D) administer to or take from any per24 son an oath, affirmation, or affidavit, whenever
†

184

S 4 ES

1 necessary to performance of the responsibilities

2 of the senior official under this section.

3 ‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub4 poena issued under paragraph (1)(C) shall, in the

5 case of contumacy or refusal to obey, be enforceable

6 by order of any appropriate United States district

7 court.

8 ‘‘(3) EFFECT OF OATHS.—Any oath, affirma9 tion, or affidavit administered or taken under para10 graph (1)(D) by or before an employee of the Pri11 vacy Office designated for that purpose by the senior

12 official appointed under subsection (a) shall have the

13 same force and effect as if administered or taken by

14 or before an officer having a seal of office.

15 ‘‘(c) SUPERVISION AND COORDINATION.—

16 ‘‘(1) IN GENERAL.—The senior official ap17 pointed under subsection (a) shall—

18 ‘‘(A) report to, and be under the general

19 supervision of, the Secretary; and

20 ‘‘(B) coordinate activities with the Inspec21 tor General of the Department in order to avoid

22 duplication of effort.

23 ‘‘(2) NOTIFICATION TO CONGRESS ON RE24 MOVAL.—If the Secretary removes the senior official

25 appointed under subsection (a) or transfers that sen-
†

185

S 4 ES

1 ior official to another position or location within the

2 Department, the Secretary shall—

3 ‘‘(A) promptly submit a written notifica4 tion of the removal or transfer to Houses of

5 Congress; and

6 ‘‘(B) include in any such notification the

7 reasons for the removal or transfer.

8 ‘‘(d) REPORTS BY SENIOR OFFICIAL TO CON9 GRESS.—The senior official appointed under subsection

10 (a) shall—

11 ‘‘(1) submit reports directly to the Congress re12 garding performance of the responsibilities of the

13 senior official under this section, without any prior

14 comment or amendment by the Secretary, Deputy

15 Secretary, or any other officer or employee of the

16 Department or the Office of Management and Budg17 et; and

18 ‘‘(2) inform the Committee on Homeland Secu19 rity and Governmental Affairs of the Senate and the

20 Committee on Homeland Security of the House of

21 Representatives not later than—

22 ‘‘(A) 30 days after the Secretary dis23 approves the senior official’s request for a sub24 poena under subsection (b)(1)(C) or the Sec-
†

186

S 4 ES

1 retary substantively modifies the requested sub2 poena; or

3 ‘‘(B) 45 days after the senior official’s re4 quest for a subpoena under subsection

5 (b)(1)(C), if that subpoena has not either been

6 approved or disapproved by the Secretary.’’.

7 SEC. 604. FEDERAL AGENCY DATA MINING REPORTING ACT

8 OF 2007.

9 (a) SHORT TITLE.—This section may be cited as the

10 ‘‘Federal Agency Data Mining Reporting Act of 2007’’.

11 (b) DEFINITIONS.—In this section:

12 (1) DATA MINING.—The term ‘‘data mining’’

13 means a program involving pattern-based queries,

14 searches, or other analyses of 1 or more electronic

15 databases, where—

16 (A) a department or agency of the Federal

17 Government, or a non-Federal entity acting on

18 behalf of the Federal Government, is con19 ducting the queries, searches, or other analyses

20 to discover or locate a predictive pattern or

21 anomaly indicative of terrorist or criminal activ22 ity on the part of any individual or individuals;

23 (B) the queries, searches, or other analyses

24 are not subject-based and do not use personal

25 identifiers of a specific individual, or inputs as-
†

187

S 4 ES

1 sociated with a specific individual or group of

2 individuals, to retrieve information from the

3 database or databases; and

4 (C) the purpose of the queries, searches, or

5 other analyses is not solely—

6 (i) the detection of fraud, waste, or

7 abuse in a Government agency or program;

8 or

9 (ii) the security of a Government com10 puter system.

11 (2) DATABASE.—The term ‘‘database’’ does not

12 include telephone directories, news reporting, infor13 mation publicly available to any member of the pub14 lic without payment of a fee, or databases of judicial

15 and administrative opinions or other legal research

16 sources.

17 (c) REPORTS ON DATA MINING ACTIVITIES BY FED18 ERAL AGENCIES.—

19 (1) IN GENERAL.—Subsection (d) of this sec20 tion shall have no force or effect.

21 (2) REPORTS.—

22 (A) REQUIREMENT FOR REPORT.—The

23 head of each department or agency of the Fed24 eral Government that is engaged in any activity

25 to use or develop data mining shall submit a re-
†

188

S 4 ES

1 port to Congress on all such activities of the de2 partment or agency under the jurisdiction of

3 that official. The report shall be produced in co4 ordination with the privacy officer of that de5 partment or agency, if applicable, and shall be

6 made available to the public, except for an

7 annex described in subparagraph (C).

8 (B) CONTENT OF REPORT.—Each report

9 submitted under subparagraph (A) shall in10 clude, for each activity to use or develop data

11 mining, the following information:

12 (i) A thorough description of the data

13 mining activity, its goals, and, where ap14 propriate, the target dates for the deploy15 ment of the data mining activity.

16 (ii) A thorough description of the data

17 mining technology that is being used or

18 will be used, including the basis for deter19 mining whether a particular pattern or

20 anomaly is indicative of terrorist or crimi21 nal activity.

22 (iii) A thorough description of the

23 data sources that are being or will be used.

24 (iv) An assessment of the efficacy or

25 likely efficacy of the data mining activity
†

189

S 4 ES

1 in providing accurate information con2 sistent with and valuable to the stated

3 goals and plans for the use or development

4 of the data mining activity.

5 (v) An assessment of the impact or

6 likely impact of the implementation of the

7 data mining activity on the privacy and

8 civil liberties of individuals, including a

9 thorough description of the actions that

10 are being taken or will be taken with re11 gard to the property, privacy, or other

12 rights or privileges of any individual or in13 dividuals as a result of the implementation

14 of the data mining activity.

15 (vi) A list and analysis of the laws

16 and regulations that govern the informa17 tion being or to be collected, reviewed,

18 gathered, analyzed, or used in conjunction

19 with the data mining activity, to the extent

20 applicable in the context of the data min21 ing activity.

22 (vii) A thorough discussion of the poli23 cies, procedures, and guidelines that are in

24 place or that are to be developed and ap-
†

190

S 4 ES

1 plied in the use of such data mining activ2 ity in order to—

3 (I) protect the privacy and due

4 process rights of individuals, such as

5 redress procedures; and

6 (II) ensure that only accurate

7 and complete information is collected,

8 reviewed, gathered, analyzed, or used,

9 and guard against any harmful con10 sequences of potential inaccuracies.

11 (C) ANNEX.—

12 (i) IN GENERAL.—A report under sub13 paragraph (A) shall include in an annex

14 any necessary—

15 (I) classified information;

16 (II) law enforcement sensitive in17 formation;

18 (III) proprietary business infor19 mation; or

20 (IV) trade secrets (as that term

21 is defined in section 1839 of title 18,

22 United States Code).

23 (ii) AVAILABILITY.—Any annex de24 scribed in clause (i)—
†

191

S 4 ES

1 (I) shall be available, as appro2 priate, and consistent with the Na3 tional Security Act of 1947 (50

4 U.S.C. 401 et seq.), to the Committee

5 on Homeland Security and Govern6 mental Affairs, the Committee on the

7 Judiciary, the Select Committee on

8 Intelligence, the Committee on Appro9 priations, and the Committee on

10 Banking, Housing, and Urban Affairs

11 of the Senate and the Committee on

12 Homeland Security, the Committee on

13 the Judiciary, the Permanent Select

14 Committee on Intelligence, the Com15 mittee on Appropriations, and the

16 Committee on Financial Services of

17 the House of Representatives; and

18 (II) shall not be made available

19 to the public.

20 (D) TIME FOR REPORT.—Each report re21 quired under subparagraph (A) shall be—

22 (i) submitted not later than 180 days

23 after the date of enactment of this Act;

24 and
†

192

S 4 ES

1 (ii) updated not less frequently than

2 annually thereafter, to include any activity

3 to use or develop data mining engaged in

4 after the date of the prior report submitted

5 under subparagraph (A).

6 (d) REPORTS ON DATA MINING ACTIVITIES BY FED7 ERAL AGENCIES.—

8 (1) REQUIREMENT FOR REPORT.—The head of

9 each department or agency of the Federal Govern10 ment that is engaged in any activity to use or de11 velop data mining shall submit a report to Congress

12 on all such activities of the department or agency

13 under the jurisdiction of that official. The report

14 shall be made available to the public, except for a

15 classified annex described paragraph (2)(H).

16 (2) CONTENT OF REPORT.—Each report sub17 mitted under paragraph (1) shall include, for each

18 activity to use or develop data mining, the following

19 information:

20 (A) A thorough description of the data

21 mining activity, its goals, and, where appro22 priate, the target dates for the deployment of

23 the data mining activity.

24 (B) A thorough description, without reveal25 ing existing patents, proprietary business proc-
†

193

S 4 ES

1 esses, trade secrets, and intelligence sources

2 and methods, of the data mining technology

3 that is being used or will be used, including the

4 basis for determining whether a particular pat5 tern or anomaly is indicative of terrorist or

6 criminal activity.

7 (C) A thorough description of the data

8 sources that are being or will be used.

9 (D) An assessment of the efficacy or likely

10 efficacy of the data mining activity in providing

11 accurate information consistent with and valu12 able to the stated goals and plans for the use

13 or development of the data mining activity.

14 (E) An assessment of the impact or likely

15 impact of the implementation of the data min16 ing activity on the privacy and civil liberties of

17 individuals, including a thorough description of

18 the actions that are being taken or will be taken

19 with regard to the property, privacy, or other

20 rights or privileges of any individual or individ21 uals as a result of the implementation of the

22 data mining activity.

23 (F) A list and analysis of the laws and reg24 ulations that govern the information being or to
†

194

S 4 ES

1 be collected, reviewed, gathered, analyzed, or

2 used with the data mining activity.

3 (G) A thorough discussion of the policies,

4 procedures, and guidelines that are in place or

5 that are to be developed and applied in the use

6 of such technology for data mining in order

7 to—

8 (i) protect the privacy and due process

9 rights of individuals, such as redress proce10 dures; and

11 (ii) ensure that only accurate informa12 tion is collected, reviewed, gathered, ana13 lyzed, or used.

14 (H) Any necessary classified information in

15 an annex that shall be available, as appropriate,

16 to the Committee on Homeland Security and

17 Governmental Affairs, the Committee on the

18 Judiciary, the Select Committee on Intelligence,

19 and the Committee on Appropriations of the

20 Senate and the Committee on Homeland Secu21 rity, the Committee on the Judiciary, the Per22 manent Select Committee on Intelligence, and

23 the Committee on Appropriations of the House

24 of Representatives.
†

195

S 4 ES

1 (3) TIME FOR REPORT.—Each report required

2 under paragraph (1) shall be—

3 (A) submitted not later than 180 days

4 after the date of enactment of this Act; and

5 (B) updated not less frequently than annu6 ally thereafter, to include any activity to use or

7 develop data mining engaged in after the date

8 of the prior report submitted under paragraph

9 (1).

10 TITLE VII—ENHANCED DE11 FENSES AGAINST WEAPONS

12 OF MASS DESTRUCTION

13 SEC. 701. NATIONAL BIOSURVEILLANCE INTEGRATION

14 CENTER.

15 (a) IN GENERAL.—Title III of the Homeland Secu16 rity Act of 2002 (6 U.S.C. et seq.) is amended by adding

17 at the end the following:

18 ‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION

19 CENTER.

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

21 ‘‘(1) the term ‘biological event of national sig22 nificance’ means—

23 ‘‘(A) an act of terrorism that uses a bio24 logical agent, toxin, or other product derived

25 from a biological agent; or
†

196

S 4 ES

1 ‘‘(B) a naturally-occurring outbreak of an

2 infectious disease that may result in a national

3 epidemic;

4 ‘‘(2) the term ‘Member Agencies’ means the de5 partments and agencies described in subsection

6 (d)(1);

7 ‘‘(3) the term ‘NBIC’ means the National Bio8 surveillance Integration Center established under

9 subsection (b);

10 ‘‘(4) the term ‘NBIS’ means the National Bio11 surveillance Integration System established under

12 subsection (b); and

13 ‘‘(5) the term ‘Privacy Officer’ means the Pri14 vacy Officer appointed under section 222.

15 ‘‘(b) ESTABLISHMENT.—The Secretary shall estab16 lish, operate, and maintain a National Biosurveillance In17 tegration Center, headed by a Directing Officer, under an

18 existing office or directorate of the Department, subject

19 to the availability of appropriations, to oversee develop20 ment and operation of the National Biosurveillance Inte21 gration System.

22 ‘‘(c) PRIMARY MISSION.—The primary mission of the

23 NBIC is to enhance the capability of the Federal Govern24 ment to—
†

197

S 4 ES

1 ‘‘(1) rapidly identify, characterize, localize, and

2 track a biological event of national significance by

3 integrating and analyzing data from human health,

4 animal, plant, food, and environmental monitoring

5 systems (both national and international); and

6 ‘‘(2) disseminate alerts and other information

7 regarding such data analysis to Member Agencies

8 and, in consultation with relevant member agencies,

9 to agencies of State, local, and tribal governments,

10 as appropriate, to enhance the ability of such agen11 cies to respond to a biological event of national sig12 nificance.

13 ‘‘(d) REQUIREMENTS.—The NBIC shall design the

14 NBIS to detect, as early as possible, a biological event of

15 national significance that presents a risk to the United

16 States or the infrastructure or key assets of the United

17 States, including—

18 ‘‘(1) if a Federal department or agency, at the

19 discretion of the head of that department or agency,

20 has entered a memorandum of understanding re21 garding participation in the NBIC, consolidating

22 data from all relevant surveillance systems main23 tained by that department or agency to detect bio24 logical events of national significance across human,

25 animal, and plant species;
†

198

S 4 ES

1 ‘‘(2) seeking private sources of surveillance,

2 both foreign and domestic, when such sources would

3 enhance coverage of critical surveillance gaps;

4 ‘‘(3) using an information technology system

5 that uses the best available statistical and other ana6 lytical tools to identify and characterize biological

7 events of national significance in as close to real8 time as is practicable;

9 ‘‘(4) providing the infrastructure for such inte10 gration, including information technology systems

11 and space, and support for personnel from Member

12 Agencies with sufficient expertise to enable analysis

13 and interpretation of data;

14 ‘‘(5) working with Member Agencies to create

15 information technology systems that use the min16 imum amount of patient data necessary and consider

17 patient confidentiality and privacy issues at all

18 stages of development and apprise the Privacy Offi19 cer of such efforts; and

20 ‘‘(6) alerting relevant Member Agencies and, in

21 consultation with relevant Member Agencies, public

22 health agencies of State, local, and tribal govern23 ments regarding any incident that could develop into

24 a biological event of national significance.

25 ‘‘(e) RESPONSIBILITIES OF THE SECRETARY.—
†

199

S 4 ES

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

2 ‘‘(A) ensure that the NBIC is fully oper3 ational not later than September 30, 2008;

4 ‘‘(B) not later than 180 days after the

5 date of enactment of this section and on the

6 date that the NBIC is fully operational, submit

7 a report to the Committee on Homeland Secu8 rity and Governmental Affairs of the Senate

9 and the Committee on Homeland Security of

10 the House of Representatives on the progress of

11 making the NBIC operational addressing the

12 efforts of the NBIC to integrate surveillance ef13 forts of Federal, State, local, and tribal govern14 ments.

15 ‘‘(f) RESPONSIBILITIES OF THE DIRECTING OFFICER

16 OF THE NBIC.—

17 ‘‘(1) IN GENERAL.—The Directing Officer of

18 the NBIC shall—

19 ‘‘(A) establish an entity to perform all op20 erations and assessments related to the NBIS;

21 ‘‘(B) on an ongoing basis, monitor the

22 availability and appropriateness of contributing

23 surveillance systems and solicit new surveillance

24 systems that would enhance biological situa-
†

200

S 4 ES

1 tional awareness or overall performance of the

2 NBIS;

3 ‘‘(C) on an ongoing basis, review and seek

4 to improve the statistical and other analytical

5 methods utilized by the NBIS;

6 ‘‘(D) receive and consider other relevant

7 homeland security information, as appropriate;

8 and

9 ‘‘(E) provide technical assistance, as ap10 propriate, to all Federal, regional, State, local,

11 and tribal government entities and private sec12 tor entities that contribute data relevant to the

13 operation of the NBIS.

14 ‘‘(2) ASSESSMENTS.—The Directing Officer of

15 the NBIC shall—

16 ‘‘(A) on an ongoing basis, evaluate avail17 able data for evidence of a biological event of

18 national significance; and

19 ‘‘(B) integrate homeland security informa20 tion with NBIS data to provide overall situa21 tional awareness and determine whether a bio22 logical event of national significance has oc23 curred.

24 ‘‘(3) INFORMATION SHARING.—
†

201

S 4 ES

1 ‘‘(A) IN GENERAL.—The Directing Officer

2 of the NBIC shall—

3 ‘‘(i) establish a method of real-time

4 communication with the National Oper5 ations Center, to be known as the Biologi6 cal Common Operating Picture;

7 ‘‘(ii) in the event that a biological

8 event of national significance is detected,

9 notify the Secretary and disseminate re10 sults of NBIS assessments related to that

11 biological event of national significance to

12 appropriate Federal response entities and,

13 in consultation with relevant member agen14 cies, regional, State, local, and tribal gov15 ernmental response entities in a timely

16 manner;

17 ‘‘(iii) provide any report on NBIS as18 sessments to Member Agencies and, in

19 consultation with relevant member agen20 cies, any affected regional, State, local, or

21 tribal government, and any private sector

22 entity considered appropriate that may en23 hance the mission of such Member Agen24 cies, governments, or entities or the ability
†

202

S 4 ES

1 of the Nation to respond to biological

2 events of national significance; and

3 ‘‘(iv) share NBIS incident or situa4 tional awareness reports, and other rel5 evant information, consistent with the in6 formation sharing environment established

7 under section 1016 of the Intelligence Re8 form and Terrorism Prevention Act of

9 2004 (6 U.S.C. 485) and any policies,

10 guidelines, procedures, instructions, or

11 standards established by the President or

12 the program manager for the implementa13 tion and management of that environment.

14 ‘‘(B) COORDINATION.—The Directing Offi15 cer of the NBIC shall implement the activities

16 described in subparagraph (A) in coordination

17 with the program manager for the information

18 sharing environment of the Office of the Direc19 tor of National Intelligence, the Under Sec20 retary for Intelligence and Analysis, and other

21 offices or agencies of the Federal Government,

22 as appropriate.

23 ‘‘(g) RESPONSIBILITIES OF THE NBIC MEMBER

24 AGENCIES.—
†

203

S 4 ES

1 ‘‘(1) IN GENERAL.—Each Member Agency

2 shall—

3 ‘‘(A) use its best efforts to integrate bio4 surveillance information into the NBIS, with

5 the goal of promoting information sharing be6 tween Federal, State, local, and tribal govern7 ments to detect biological events of national sig8 nificance;

9 ‘‘(B) participate in the formation and

10 maintenance of the Biological Common Oper11 ating Picture to facilitate timely and accurate

12 detection and reporting;

13 ‘‘(C) connect the biosurveillance data sys14 tems of that Member Agency to the NBIC data

15 system under mutually-agreed protocols that

16 maintain patient confidentiality and privacy;

17 ‘‘(D) participate in the formation of strat18 egy and policy for the operation of the NBIC

19 and its information sharing; and

20 ‘‘(E) provide personnel to the NBIC under

21 an interagency personnel agreement and con22 sider the qualifications of such personnel nec23 essary to provide human, animal, and environ24 mental data analysis and interpretation support

25 to the NBIC.
†

204

S 4 ES

1 ‘‘(h) ADMINISTRATIVE AUTHORITIES.—

2 ‘‘(1) HIRING OF EXPERTS.—The Directing Offi3 cer of the NBIC shall hire individuals with the nec4 essary expertise to develop and operate the NBIS.

5 ‘‘(2) DETAIL OF PERSONNEL.—Upon the re6 quest of the Directing Officer of the NBIC, the head

7 of any Federal department or agency may detail, on

8 a reimbursable basis, any of the personnel of that

9 department or agency to the Department to assist

10 the NBIC in carrying out this section.

11 ‘‘(i) JOINT BIOSURVEILLANCE LEADERSHIP COUN12 CIL.—The Directing Officer of the NBIC shall—

13 ‘‘(1) establish an interagency coordination coun14 cil to facilitate interagency cooperation and to advise

15 the Directing Officer of the NBIC regarding rec16 ommendations to enhance the biosurveillance capa17 bilities of the Department; and

18 ‘‘(2) invite Member Agencies to serve on such

19 council.

20 ‘‘(j) RELATIONSHIP TO OTHER DEPARTMENTS AND

21 AGENCIES.—The authority of the Directing Officer of the

22 NBIC under this section shall not affect any authority or

23 responsibility of any other department or agency of the

24 Federal Government with respect to biosurveillance activi-
†

205

S 4 ES

1 ties under any program administered by that department

2 or agency.

3 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as are nec5 essary to carry out this section.’’.

6 (b) CONFORMING AMENDMENT.—The table of con7 tents in section 1(b) of the Homeland Security Act of

8 2002 (6 U.S.C. 101 et seq.) is amended by inserting after

9 the item relating to section 315 the following:

‘‘Sec. 316. National Biosurveillance Integration Center.’’.

10 SEC. 702. BIOSURVEILLANCE EFFORTS.

11 The Comptroller General of the United States shall

12 submit a report to Congress describing—

13 (1) the state of Federal, State, local, and tribal

14 government biosurveillance efforts as of the date of

15 such report;

16 (2) any duplication of effort at the Federal,

17 State, local, or tribal government level to create bio18 surveillance systems; and

19 (3) the integration of biosurveillance systems to

20 allow the maximizing of biosurveillance resources

21 and the expertise of Federal, State, local, and tribal

22 governments to benefit public health.
†

206

S 4 ES

1 SEC. 703. 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 Attor11 ney General, the Secretary of State, the Secretary of

12 Defense, the Secretary of Energy, and the Director

13 of National Intelligence shall jointly ensure inter14 agency coordination on the development and imple15 mentation of the global nuclear detection architec16 ture by ensuring that, not less frequently than once

17 each year—

18 ‘‘(A) each relevant agency, office, or

19 entity—

20 ‘‘(i) assesses its involvement, support,

21 and participation in the development, revi22 sion, and implementation of the global nu23 clear detection architecture;

24 ‘‘(ii) examines and evaluates compo25 nents of the global nuclear detection archi26 tecture (including associated strategies and
†

207

S 4 ES

1 acquisition plans) that are related to the

2 operations of that agency, office, or entity,

3 to determine whether such components in4 corporate and address current threat as5 sessments, scenarios, or intelligence anal6 yses developed by the Director of National

7 Intelligence or other agencies regarding

8 threats related to nuclear or radiological

9 weapons of mass destruction; and

10 ‘‘(B) each agency, office, or entity deploy11 ing or operating any technology acquired by the

12 Office—

13 ‘‘(i) evaluates the deployment and op14 eration of that technology by that agency,

15 office, or entity;

16 ‘‘(ii) identifies detection performance

17 deficiencies and operational or technical

18 deficiencies in that technology; and

19 ‘‘(iii) assesses the capacity of that

20 agency, office, or entity to implement the

21 responsibilities of that agency, office, or

22 entity under the global nuclear detection

23 architecture.

24 ‘‘(2) TECHNOLOGY.—Not less frequently than

25 once each year, the Secretary shall examine and
†

208

S 4 ES

1 evaluate the development, assessment, and acquisi2 tion 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

6 Attorney General, the Secretary of State, the Sec7 retary of Defense, the Secretary of Energy, and the

8 Director of National Intelligence, shall submit a re9 port regarding the compliance of such officials with

10 this section and the results of the reviews required

11 under subsection (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 Govern16 mental 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

22 paragraph (1) shall be submitted in unclassified

23 form to the maximum extent practicable, but may

24 include a classified annex.
†

209

S 4 ES

1 ‘‘(c) DEFINITION.—In this section, the term ‘global

2 nuclear detection architecture’ means the global nuclear

3 detection architecture developed under section 1902.’’.

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 The table of contents in section 1(b) of the Homeland Se6 curity Act of 2002 (6 U.S.C. 101 note) is amended by

7 inserting after the item relating to section 1906, as added

8 by section 203 of this Act, the following:

‘‘Sec. 1907. Joint annual review of global nuclear detection architecture.’’.

9 TITLE VIII—PRIVATE SECTOR

10 PREPAREDNESS

11 SEC. 801. 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

15 2002 (6 U.S.C. 101), as amended by this Act.

16 (b) HOMELAND SECURITY ACT OF 2002.—Section 2

17 of 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 prepared20 ness standards’ means a common set of criteria for

21 preparedness, disaster management, emergency

22 management, and business continuity programs,

23 such as the American National Standards Institute’s

24 National Fire Protection Association Standard on
†

210

S 4 ES

1 Disaster/Emergency Management and Business Con2 tinuity Programs (ANSI/NFPA 1600).’’.

3 SEC. 802. RESPONSIBILITIES OF THE PRIVATE SECTOR OF4 FICE OF THE DEPARTMENT.

5 (a) IN GENERAL.—Section 102(f) of the Homeland

6 Security Act of 2002 (6 U.S.C. 112(f)) is amended—

7 (1) by redesignating paragraphs (8) through

8 (10) as paragraphs (9) through (11), respectively;

9 and

10 (2) by inserting after paragraph (7) the fol11 lowing:

12 ‘‘(8) providing information to the private sector

13 regarding voluntary national preparedness standards

14 and the business justification for preparedness and

15 promoting to the private sector the adoption of vol16 untary national preparedness standards;’’.

17 (b) PRIVATE SECTOR ADVISORY COUNCILS.—Section

18 102(f)(4) of the Homeland Security Act of 2002 (6 U.S.C.

19 112(f)(4)) is amended—

20 (1) in subparagraph (A), by striking ‘‘and’’ at

21 the end;

22 (2) in subparagraph (B), by adding ‘‘and’’ at

23 the end; and

24 (3) by adding at the end the following:
†

211

S 4 ES

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. 803. 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 enact25 ment of this section, the Secretary, in consultation with
†

212

S 4 ES

1 representatives of the organizations that coordinate or fa2 cilitate the development of and use of voluntary consensus

3 standards, appropriate voluntary consensus standards de4 velopment organizations, each private sector advisory

5 council created under section 102(f)(4), and appropriate

6 private sector advisory groups such as sector coordinating

7 councils and information sharing and analysis centers,

8 shall—

9 ‘‘(1) support the development, promulgating,

10 and updating, as necessary, of voluntary national

11 preparedness standards; and

12 ‘‘(2) develop, implement, and promote a pro13 gram to certify the preparedness of private sector

14 entities.

15 ‘‘(b) PROGRAM ELEMENTS.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) PROGRAM.—The program developed

18 and implemented under this section shall assess

19 whether a private sector entity complies with

20 voluntary national preparedness standards.

21 ‘‘(B) GUIDELINES.—In developing the pro22 gram under this section, the Secretary shall de23 velop guidelines for the accreditation and cer24 tification processes established under this sec25 tion.
†

213

S 4 ES

1 ‘‘(2) STANDARDS.—The Secretary, in consulta2 tion with representatives of organizations that co3 ordinate or facilitate the development of and use of

4 voluntary consensus standards representatives of ap5 propriate voluntary consensus standards develop6 ment organizations, each private sector advisory

7 council created under section 102(f)(4), and appro8 priate private sector advisory groups such as sector

9 coordinating councils and information sharing and

10 analysis centers—

11 ‘‘(A) shall adopt appropriate voluntary na12 tional preparedness standards that promote

13 preparedness, which shall be used in the accred14 itation and certification program under this sec15 tion; and

16 ‘‘(B) after the adoption of standards under

17 subparagraph (A), may adopt additional vol18 untary national preparedness standards or mod19 ify or discontinue the use of voluntary national

20 preparedness standards for the accreditation

21 and certification program, as necessary and ap22 propriate to promote preparedness.

23 ‘‘(3) TIERING.—The certification program de24 veloped under this section may use a multiple-tiered
†

214

S 4 ES

1 system to rate the preparedness of a private sector

2 entity.

3 ‘‘(4) SMALL BUSINESS CONCERNS.—The Sec4 retary and any selected entity shall establish sepa5 rate classifications and methods of certification for

6 small business concerns (as that term is defined in

7 section 3 of the Small Business Act (15 U.S.C.

8 632)) for the program under this section.

9 ‘‘(5) CONSIDERATIONS.—In developing and im10 plementing the program under this section, the Sec11 retary shall—

12 ‘‘(A) consider the unique nature of various

13 sectors within the private sector, including pre14 paredness, business continuity standards, or

15 best practices, established—

16 ‘‘(i) under any other provision of Fed17 eral law; or

18 ‘‘(ii) by any sector-specific agency, as

19 defined under Homeland Security Presi20 dential Directive-7; and

21 ‘‘(B) coordinate the program, as appro22 priate, with—

23 ‘‘(i) other Department private sector

24 related programs; and
†

215

S 4 ES

1 ‘‘(ii) preparedness and business con2 tinuity programs in other Federal agencies.

3 ‘‘(c) ACCREDITATION AND CERTIFICATION PROC4 ESSES.—

5 ‘‘(1) AGREEMENT.—

6 ‘‘(A) IN GENERAL.—Not later than 120

7 days after the date of enactment of this section,

8 the Secretary shall enter into 1 or more agree9 ments with the American National Standards

10 Institute or other similarly qualified nongovern11 mental or other private sector entities to carry

12 out accreditations and oversee the certification

13 process under this section.

14 ‘‘(B) CONTENTS.—Any selected entity

15 shall manage the accreditation process and

16 oversee the certification process in accordance

17 with the program established under this section

18 and accredit qualified third parties to carry out

19 the certification program established under this

20 section.

21 ‘‘(2) PROCEDURES AND REQUIREMENTS FOR

22 ACCREDITATION AND CERTIFICATION.—

23 ‘‘(A) IN GENERAL.—The selected entities

24 shall collaborate to develop procedures and re25 quirements for the accreditation and certifi-
†

216

S 4 ES

1 cation processes under this section, in accord2 ance with the program established under this

3 section and guidelines developed under sub4 section (b)(1)(B).

5 ‘‘(B) CONTENTS AND USE.—The proce6 dures and requirements developed under sub7 paragraph (A) shall—

8 ‘‘(i) ensure reasonable uniformity in

9 the accreditation and certification proc10 esses if there is more than 1 selected enti11 ty; and

12 ‘‘(ii) be used by any selected entity in

13 conducting accreditations and overseeing

14 the certification process under this section.

15 ‘‘(C) DISAGREEMENT.—Any disagreement

16 among selected entities in developing procedures

17 under subparagraph (A) shall be resolved by

18 the Secretary.

19 ‘‘(3) DESIGNATION.—A selected entity may ac20 credit any qualified third party to carry out the cer21 tification process under this section.

22 ‘‘(4) THIRD PARTIES.—To be accredited under

23 paragraph (3), a third party shall—

24 ‘‘(A) demonstrate that the third party has

25 the ability to certify private sector entities in
†

217

S 4 ES

1 accordance with the procedures and require2 ments developed under paragraph (2);

3 ‘‘(B) agree to perform certifications in ac4 cordance with such procedures and require5 ments;

6 ‘‘(C) agree not to have any beneficial inter7 est in or any direct or indirect control over—

8 ‘‘(i) a private sector entity for which

9 that third party conducts a certification

10 under this section; or

11 ‘‘(ii) any organization that provides

12 preparedness consulting services to private

13 sector entities;

14 ‘‘(D) agree not to have any other conflict

15 of interest with respect to any private sector en16 tity for which that third party conducts a cer17 tification under this section;

18 ‘‘(E) maintain liability insurance coverage

19 at policy limits in accordance with the require20 ments developed under paragraph (2); and

21 ‘‘(F) enter into an agreement with the se22 lected entity accrediting that third party to pro23 tect any proprietary information of a private

24 sector entity obtained under this section.

25 ‘‘(5) MONITORING.—
†

218

S 4 ES

1 ‘‘(A) IN GENERAL.—The Secretary and

2 any selected entity shall regularly monitor and

3 inspect the operations of any third party con4 ducting certifications under this section to en5 sure that third party is complying with the pro6 cedures and requirements established under

7 paragraph (2) and all other applicable require8 ments.

9 ‘‘(B) REVOCATION.—If the Secretary or

10 any selected entity determines that a third

11 party is not meeting the procedures or require12 ments established under paragraph (2), the ap13 propriate selected entity shall—

14 ‘‘(i) revoke the accreditation of that

15 third party to conduct certifications under

16 this section; and

17 ‘‘(ii) review any certification con18 ducted by that third party, as necessary

19 and appropriate.

20 ‘‘(d) ANNUAL REVIEW.—

21 ‘‘(1) IN GENERAL.—The Secretary, in consulta22 tion with representatives of the organizations that

23 coordinate or facilitate the development of and use

24 of voluntary consensus standards, appropriate vol25 untary consensus standards development organiza-
†

219

S 4 ES

1 tions, and each private sector advisory council cre2 ated under section 102(f)(4), shall annually review

3 the voluntary accreditation and certification program

4 established under this section to ensure the effective5 ness of such program and make improvements and

6 adjustments to the program as necessary and appro7 priate.

8 ‘‘(2) REVIEW OF STANDARDS.—Each review

9 under paragraph (1) shall include an assessment of

10 the voluntary national preparedness standards used

11 in the program under this section.

12 ‘‘(e) COMPLIANCE BY ENTITIES SEEKING CERTIFI13 CATION.—Any entity seeking certification under this sec14 tion shall comply with all applicable statutes, regulations,

15 directives, policies, and industry codes of practice in meet16 ing certification requirements.

17 ‘‘(f) VOLUNTARY PARTICIPATION.—Certification

18 under this section shall be voluntary for any private sector

19 entity.

20 ‘‘(g) PUBLIC LISTING.—The Secretary shall maintain

21 and make public a listing of any private sector entity cer22 tified as being in compliance with the program established

23 under this section, if that private sector entity consents

24 to such listing.
†

220

S 4 ES

1 ‘‘(h) DEFINITION.—In this section, the term ‘selected

2 entity’ means any entity entering an agreement with the

3 Secretary under subsection (c)(1)(A).’’.

4 (b) TECHNICAL AND CONFORMING AMENDMENT.—

5 The table of contents in section 1(b) of the Homeland Se6 curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by

7 inserting after the item relating to section 521 the fol8 lowing:

‘‘Sec. 522. Voluntary national preparedness standards compliance; accreditation

and certification program for the private sector.’’.

9 SEC. 804. SENSE OF CONGRESS REGARDING PROMOTING

10 AN INTERNATIONAL STANDARD FOR PRIVATE

11 SECTOR PREPAREDNESS.

12 It is the sense of Congress that the Secretary or any

13 entity designated under section 522(c)(1)(A) of the Home14 land Security Act of 2002, as added by this Act, should

15 promote, where appropriate, efforts to develop a consistent

16 international standard for private sector preparedness.

17 SEC. 805. DEMONSTRATION PROJECT.

18 Not later than 120 days after the date of enactment

19 of this Act, the Secretary shall—

20 (1) establish a demonstration project to conduct

21 demonstrations of security management systems

22 that—

23 (A) shall use a management system stand24 ards approach; and
†

221

S 4 ES

1 (B) may be integrated into quality, safety,

2 environmental and other internationally adopted

3 management systems; and

4 (2) enter into 1 or more agreements with a pri5 vate sector entity to conduct such demonstrations of

6 security management systems.

7 SEC. 806. REPORT TO CONGRESS.

8 Not later than 180 days after the date of enactment

9 of this Act, the Secretary shall submit to the Committee

10 on Homeland Security and Governmental Affairs of the

11 Senate and the Committee on Homeland Security of the

12 House of Representatives a report detailing—

13 (1) any action taken to implement this title or

14 an amendment made by this title; and

15 (2) the status, as of the date of that report, of

16 the implementation of this title and the amendments

17 made by this title.

18 SEC. 807. RULE OF CONSTRUCTION.

19 Nothing in this title may be construed to supercede

20 any preparedness or business continuity standards, re21 quirements, or best practices established—

22 (1) under any other provision of Federal law; or

23 (2) by any sector-specific agency, as defined

24 under Homeland Security Presidential Directive-7.
†

222

S 4 ES

1 TITLE IX—TRANSPORTATION SE2 CURITY PLANNING AND IN3 FORMATION SHARING

4 SEC. 901. TRANSPORTATION SECURITY STRATEGIC PLAN5 NING.

6 (a) IN GENERAL.—Section 114(t)(1)(B) of title 49,

7 United States Code, is amended to read as follows:

8 ‘‘(B) transportation modal and intermodal

9 security plans addressing risks, threats, and

10 vulnerabilities for aviation, bridge, tunnel, com11 muter rail and ferry, highway, maritime, pipe12 line, rail, mass transit, over-the-road bus, and

13 other public transportation infrastructure as14 sets.’’.

15 (b) CONTENTS OF THE NATIONAL STRATEGY FOR

16 TRANSPORTATION SECURITY.—Section 114(t)(3) of such

17 title is amended—

18 (1) in subparagraph (B), by inserting ‘‘, based

19 on risk assessments conducted by the Secretary of

20 Homeland Security (including assessments con21 ducted under section 1421 or 1503 of the Improving

22 America’s Security Act of 2007 or any provision of

23 law amended by such title),’’ after ‘‘risk based prior24 ities’’;

25 (2) in subparagraph (D)—
†

223

S 4 ES

1 (A) by striking ‘‘and local’’ and inserting

2 ‘‘, local, and tribal’’; and

3 (B) by striking ‘‘private sector cooperation

4 and participation’’ and inserting ‘‘cooperation

5 and participation by private sector entities’’;

6 (3) in subparagraph (E)—

7 (A) by striking ‘‘response’’ and inserting

8 ‘‘prevention, response,’’; and

9 (B) by inserting ‘‘and threatened and exe10 cuted acts of terrorism outside the United

11 States to the extent such acts affect United

12 States transportation systems’’ before the pe13 riod at the end;

14 (4) in subparagraph (F), by adding at the end

15 the following: ‘‘Transportation security research and

16 development projects shall be based, to the extent

17 practicable, on such prioritization. Nothing in the

18 preceding sentence shall be construed to require the

19 termination of any research or development project

20 initiated by the Secretary of Homeland Security be21 fore the date of enactment of the Improving Amer22 ica’s Security Act of 2007.’’; and

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

24 ‘‘(G) Short- and long-term budget rec25 ommendations for Federal transportation secu-
†

224

S 4 ES

1 rity programs, which reflect the priorities of the

2 National Strategy for Transportation Security.

3 ‘‘(H) Methods for linking the individual

4 transportation modal security plans and the

5 programs contained therein, and a plan for ad6 dressing the security needs of intermodal trans7 portation hubs.

8 ‘‘(I) Transportation security modal and

9 intermodal plans, including operational recovery

10 plans to expedite, to the maximum extent prac11 ticable, the return to operation of an adversely

12 affected transportation system following a

13 major terrorist attack on that system or an14 other catastrophe. These plans shall be coordi15 nated with the resumption of trade protocols re16 quired under section 202 of the SAFE Port Act

17 (6 U.S.C. 942).’’.

18 (c) PERIODIC PROGRESS REPORTS.—Section

19 114(t)(4) of such title is amended—

20 (1) in subparagraph (C)—

21 (A) in clause (i), by inserting ‘‘, including

22 the transportation modal security plans’’ before

23 the period at the end; and

24 (B) by striking clause (ii) and inserting the

25 following:
†

225

S 4 ES

1 ‘‘(ii) CONTENT.—Each progress re2 port submitted under this subparagraph

3 shall include the following:

4 ‘‘(I) Recommendations for im5 proving and implementing the Na6 tional Strategy for Transportation Se7 curity and the transportation modal

8 and intermodal security plans that the

9 Secretary of Homeland Security, in

10 consultation with the Secretary of

11 Transportation, considers appropriate.

12 ‘‘(II) An accounting of all grants

13 for transportation security, including

14 grants for research and development,

15 distributed by the Secretary of Home16 land Security in the most recently

17 concluded fiscal year and a descrip18 tion of how such grants accomplished

19 the goals of the National Strategy for

20 Transportation Security.

21 ‘‘(III) An accounting of all—

22 ‘‘(aa) funds requested in the

23 President’s budget submitted

24 pursuant to section 1105 of title

25 31 for the most recently con-
†

226

S 4 ES

1 cluded fiscal year for transpor2 tation security, by mode; and

3 ‘‘(bb) personnel working on

4 transportation security by mode,

5 including the number of contrac6 tors.

7 ‘‘(iii) WRITTEN EXPLANATION OF

8 TRANSPORTATION SECURITY ACTIVITIES

9 NOT DELINEATED IN THE NATIONAL

10 STRATEGY FOR TRANSPORTATION SECU11 RITY.—At the end of each year, the Sec12 retary of Homeland Security shall submit

13 to the appropriate congressional commit14 tees a written explanation of any activity

15 inconsistent with, or not clearly delineated

16 in, the National Strategy for Transpor17 tation Security, including the amount of

18 funds to be expended for the activity and

19 the number of personnel involved.’’; and

20 (2) in subparagraph (E), by striking ‘‘Select’’.

21 (d) PRIORITY STATUS.—Section 114(t)(5)(B) of such

22 title is amended—

23 (1) in clause (iii), by striking ‘‘and’’ at the end;

24 (2) by redesignating clause (iv) as clause (v);

25 and
†

227

S 4 ES

1 (3) by inserting after clause (iii) the following:

2 ‘‘(iv) the transportation sector specific

3 plan required under Homeland Security

4 Presidential Directive-7; and’’.

5 (e) COORDINATION AND PLAN DISTRIBUTION.—Sec6 tion 114(t) of such title is amended by adding at the end

7 the following:

8 ‘‘(6) COORDINATION.—In carrying out the re9 sponsibilities under this section, the Secretary of

10 Homeland Security, in consultation with the Sec11 retary of Transportation, shall consult, as appro12 priate, with Federal, State, and local agencies, tribal

13 governments, private sector entities (including non14 profit employee labor organizations), institutions of

15 higher learning, and other entities.

16 ‘‘(7) PLAN DISTRIBUTION.—The Secretary of

17 Homeland Security shall make available an unclassi18 fied version of the National Strategy for Transpor19 tation Security, including its component transpor20 tation modal security plans, to Federal, State, re21 gional, local and tribal authorities, transportation

22 system owners or operators, private sector stake23 holders (including non-profit employee labor organi24 zations), institutions of higher learning, and other

25 appropriate entities.’’.
†

228

S 4 ES

1 SEC. 902. TRANSPORTATION SECURITY INFORMATION

2 SHARING.

3 (a) IN GENERAL.—Section 114 of title 49, United

4 States Code, is amended by adding at the end the fol5 lowing:

6 ‘‘(u) TRANSPORTATION SECURITY INFORMATION

7 SHARING PLAN.—

8 ‘‘(1) ESTABLISHMENT OF PLAN.—The Sec9 retary of Homeland Security, in consultation with

10 the program manager of the information sharing en11 vironment established under section 1016 of the In12 telligence Reform and Terrorism Prevention Act of

13 2004 (6 U.S.C. 485), the Secretary of Transpor14 tation, and public and private stakeholders, shall es15 tablish a Transportation Security Information Shar16 ing Plan. In establishing the plan, the Secretary

17 shall gather input on the development of the Plan

18 from private and public stakeholders and the pro19 gram manager of the information sharing environ20 ment established under section 1016 of the Intel21 ligence Reform and Terrorism Prevention Act of

22 2004 (6 U.S.C. 485).

23 ‘‘(2) PURPOSE OF PLAN.—The Plan shall pro24 mote sharing of transportation security information

25 between the Department of Homeland Security and

26 public and private stakeholders.
†

229

S 4 ES

1 ‘‘(3) CONTENT OF PLAN.—The Plan shall

2 include—

3 ‘‘(A) a description of how intelligence ana4 lysts within the Department of Homeland Secu5 rity will coordinate their activities within the

6 Department and with other Federal, State, and

7 local agencies, and tribal governments, includ8 ing coordination with existing modal informa9 tion sharing centers and the center established

10 under section 1506 of the Improving America’s

11 Security Act of 2007;

12 ‘‘(B) the establishment of a point of con13 tact, which may be a single point of contact, for

14 each mode of transportation within the Depart15 ment of Homeland Security for its sharing of

16 transportation security information with public

17 and private stakeholders, including an expla18 nation and justification to the appropriate con19 gressional committees if the point of contact es20 tablished pursuant to this subparagraph differs

21 from the agency within the Department that

22 has the primary authority, or has been dele23 gated such authority by the Secretary, to regu24 late the security of that transportation mode;
†

230

S 4 ES

1 ‘‘(C) a reasonable deadline by which the

2 Plan will be implemented; and

3 ‘‘(D) a description of resource needs for

4 fulfilling the Plan.

5 ‘‘(4) COORDINATION WITH THE INFORMATION

6 SHARING ENVIRONMENT.—The Plan shall be—

7 ‘‘(A) implemented in coordination with the

8 program manager for the information sharing

9 environment established under section 1016 of

10 the Intelligence Reform and Terrorism Preven11 tion Act of 2004 (6 U.S.C. 485); and

12 ‘‘(B) consistent with the establishment of

13 that environment, and any policies, guidelines,

14 procedures, instructions, or standards estab15 lished by the President or the program manager

16 for the implementation and management of that

17 environment.

18 ‘‘(5) REPORTS TO CONGRESS.—

19 ‘‘(A) IN GENERAL.—Not later than 180

20 days after the date of enactment of this sub21 section, the Secretary shall submit to the appro22 priate congressional committees a report con23 taining the Plan.

24 ‘‘(B) ANNUAL REPORT.—Not later than 1

25 year after the date of enactment of this sub-
†

231

S 4 ES

1 section, the Secretary shall submit to the appro2 priate congressional committees an annual re3 port on updates to and the implementation of

4 the Plan.

5 ‘‘(6) SURVEY.—

6 ‘‘(A) IN GENERAL.—The Secretary shall

7 conduct a biennial survey of the satisfaction of

8 the recipients of transportation intelligence re9 ports disseminated under the Plan, and include

10 the results of the survey as part of the annual

11 report to be submitted under paragraph (5)(B).

12 ‘‘(B) INFORMATION SOUGHT.—The survey

13 conducted under subparagraph (A) shall seek

14 information about the quality, speed, regularity,

15 and classification of the transportation security

16 information products disseminated from the De17 partment of Homeland Security to public and

18 private stakeholders.

19 ‘‘(7) SECURITY CLEARANCES.—The Secretary

20 shall, to the greatest extent practicable, take steps

21 to expedite the security clearances needed for public

22 and private stakeholders to receive and obtain access

23 to classified information distributed under this sec24 tion as appropriate.
†

232

S 4 ES

1 ‘‘(8) CLASSIFICATION OF MATERIAL.—The Sec2 retary, to the greatest extent practicable, shall pro3 vide public and private stakeholders with specific

4 and actionable information in an unclassified format.

5 ‘‘(9) DEFINITIONS.—In this subsection:

6 ‘‘(A) APPROPRIATE CONGRESSIONAL COM7 MITTEES.—The term ‘appropriate congressional

8 committees’ has the meaning given that term in

9 subsection (t), but shall also include the Senate

10 Committee on Banking, Housing, and Urban

11 Development.

12 ‘‘(B) PLAN.—The term ‘Plan’ means the

13 Transportation Security Information Sharing

14 Plan established under paragraph (1).

15 ‘‘(C) PUBLIC AND PRIVATE STAKE16 HOLDERS.—The term ‘public and private stake17 holders’ means Federal, State, and local agen18 cies, tribal governments, and appropriate pri19 vate entities.

20 ‘‘(D) SECRETARY.—The term ‘Secretary’

21 means the Secretary of Homeland Security.

22 ‘‘(E) TRANSPORTATION SECURITY INFOR23 MATION.—The term ‘transportation security in24 formation’ means information relating to the

25 risks to transportation modes, including avia-
†

233

S 4 ES

1 tion, bridge and tunnel, mass transit, passenger

2 and freight rail, ferry, highway, maritime, pipe3 line, and over-the-road bus transportation.’’.

4 (b) CONGRESSIONAL OVERSIGHT OF SECURITY AS5 SURANCE FOR PUBLIC AND PRIVATE STAKEHOLDERS.—

6 (1) IN GENERAL.—Except as provided in para7 graph (2), the Secretary shall provide a semiannual

8 report to the Committee on Homeland Security and

9 Governmental Affairs, the Committee on Commerce,

10 Science, and Transportation, and the Committee on

11 Banking, Housing, and Urban Development of the

12 Senate and the Committee on Homeland Security

13 and the Committee on Transportation and Infra14 structure of the House of Representatives that—

15 (A) identifies the job titles and descrip16 tions of the persons with whom such informa17 tion is to be shared under the transportation se18 curity information sharing plan established

19 under section 114(u) of title 49, United States

20 Code, as added by this Act, and explains the

21 reason for sharing the information with such

22 persons;

23 (B) describes the measures the Secretary

24 has taken, under section 114(u)(7) of that title,

25 or otherwise, to ensure proper treatment and
†

234

S 4 ES

1 security for any classified information to be

2 shared with the public and private stakeholders

3 under the plan; and

4 (C) explains the reason for the denial of

5 transportation security information to any

6 stakeholder who had previously received such

7 information.

8 (2) NO REPORT REQUIRED IF NO CHANGES IN

9 STAKEHOLDERS.—The Secretary is not required to

10 provide a semiannual report under paragraph (1) if

11 no stakeholders have been added to or removed from

12 the group of persons with whom transportation secu13 rity information is shared under the plan since the

14 end of the period covered by the last preceding semi15 annual report.

16 SEC. 903. TRANSPORTATION SECURITY ADMINISTRATION

17 PERSONNEL MANAGEMENT.

18 (a) TSA EMPLOYEE DEFINED.—In this section, the

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

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

21 incumbent of which was transferred) from the

22 Transportation Security Administration of the De23 partment of Transportation to the Department by

24 section 403 of the Homeland Security Act of 2002

25 (6 U.S.C. 203); or
†

235

S 4 ES

1 (2) any other position within the Department

2 the duties and responsibilities of which include car3 rying out 1 or more of the functions that were trans4 ferred from the Transportation Security Administra5 tion of the Department of Transportation to the

6 Secretary by such section.

7 (b) ELIMINATION OF CERTAIN PERSONNEL MANAGE8 MENT AUTHORITIES.—Effective 90 days after the date of

9 enactment of this Act—

10 (1) section 111(d) of the Aviation and Trans11 portation Security Act (49 U.S.C. 44935 note) is re12 pealed and any authority of the Secretary derived

13 from such section 111(d) shall terminate;

14 (2) any personnel management system, to the

15 extent established or modified under such section

16 111(d) (including by the Secretary through the exer17 cise of any authority derived from such section

18 111(d)) shall terminate; and

19 (3) the Secretary shall ensure that all TSA em20 ployees are subject to the same personnel manage21 ment system as described in paragraph (1) or (2) of

22 subsection (e).

23 (c) ESTABLISHMENT OF CERTAIN UNIFORMITY RE24 QUIREMENTS.—
†

236

S 4 ES

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

2 Secretary shall, with respect to any personnel man3 agement system described in subsection (e)(1), take

4 any measures which may be necessary to provide for

5 the uniform treatment of all TSA employees under

6 such system.

7 (2) SYSTEM UNDER SUBSECTION (e)(2).—Sec8 tion 9701(b) of title 5, United States Code, is

9 amended—

10 (A) in paragraph (4), by striking ‘‘and’’ at

11 the end;

12 (B) in paragraph (5), by striking the pe13 riod at the end and inserting ‘‘; and’’; and

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

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

16 TSA employees (as that term is defined in section

17 903 of the Improving America’s Security Act of

18 2007).’’.

19 (3) EFFECTIVE DATE.—

20 (A) PROVISIONS RELATING TO A SYSTEM

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

22 necessary to carry out paragraph (1) shall take

23 effect 90 days after the date of enactment of

24 this Act.
†

237

S 4 ES

1 (B) PROVISIONS RELATING TO A SYSTEM

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

3 necessary to carry out the amendments made

4 by paragraph (2) shall take effect on the later

5 of 90 days after the date of enactment of this

6 Act and the commencement date of the system

7 involved.

8 (d) REPORT TO CONGRESS.—

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

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

11 Comptroller General of the United States shall sub12 mit to the Committee on Homeland Security and

13 Governmental Affairs of the Senate and the Com14 mittee on Homeland Security of the House of Rep15 resentatives a report on—

16 (A) the pay system that applies with re17 spect to TSA employees as of the date of enact18 ment of this Act; and

19 (B) any changes to such system which

20 would be made under any regulations which

21 have been prescribed under chapter 97 of title

22 5, United States Code.

23 (2) MATTERS FOR INCLUSION.—The report re24 quired under paragraph (1) shall include—
†

238

S 4 ES

1 (A) a brief description of each pay system

2 described in paragraphs (1)(A) and (1)(B), re3 spectively;

4 (B) a comparison of the relative advan5 tages and disadvantages of each of those pay

6 systems; and

7 (C) such other matters as the Comptroller

8 General determines appropriate.

9 (e) PERSONNEL MANAGEMENT SYSTEM DE10 SCRIBED.—A personnel management system described in

11 this subsection is—

12 (1) any personnel management system, to the

13 extent that it applies with respect to any TSA em14 ployees under section 114(n) of title 49, United

15 States Code; and

16 (2) any human resources management system,

17 established under chapter 97 of title 5, United

18 States Code.

19 SEC. 904. APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT

20 MECHANISM FOR PASSENGER AND PROP21 ERTY SCREENERS.

22 (a) APPEAL RIGHTS FOR SCREENERS.—

23 (1) IN GENERAL.—Section 111(d) of the Avia24 tion and Transportation Security Act (49 U.S.C.

25 44935 note) is amended—
†

239

S 4 ES

1 (A) by striking ‘‘Notwithstanding’’ and in2 serting the following:

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graphs (2) and (3) notwithstanding’’; and

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

6 ‘‘(2) RIGHT TO APPEAL ADVERSE ACTION.—

7 The provisions of chapters 75 and 77 of title 5,

8 United States Code, shall apply to an individual em9 ployed or appointed to carry out the screening func10 tions of the Administrator under section 44901 of

11 title 49, United States Code.

12 ‘‘(3) EMPLOYEE ENGAGEMENT MECHANISM FOR

13 ADDRESSING WORKPLACE ISSUES.—The Under Sec14 retary of Transportation shall provide a collabo15 rative, integrated, employee engagement mechanism,

16 subject to chapter 71 of title 5, United States Code,

17 at every airport to address workplace issues, except

18 that collective bargaining over working conditions

19 shall not extend to pay. Employees shall not have

20 the right to engage in a strike and the Under Sec21 retary may take whatever actions may be necessary

22 to carry out the agency mission during emergencies,

23 newly imminent threats, or intelligence indicating a

24 newly imminent emergency risk. No properly classi-
†

240

S 4 ES

1 fied information shall be divulged in any non-author2 ized forum.’’.

3 (2) CONFORMING AMENDMENTS.—Section

4 111(d)(1) of the Aviation and Transportation Secu5 rity Act, as amended by paragraph (1)(A), is

6 amended—

7 (A) by striking ‘‘Under Secretary of

8 Transportation for Security’’ and inserting

9 ‘‘Administrator of the Transportation Security

10 Administration’’; and

11 (B) by striking ‘‘Under Secretary’’ each

12 place such appears and inserting ‘‘Adminis13 trator’’.

14 (b) WHISTLEBLOWER PROTECTIONS.—Section 883

15 of the Homeland Security Act of 2002 (6 U.S.C. 463) is

16 amended, in the matter preceding paragraph (1), by in17 serting ‘‘, or section 111(d) of the Aviation and Transpor18 tation Security Act,’’ after ‘‘this Act’’.

19 (c) REPORT TO CONGRESS.—

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

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

22 Comptroller General of the United States shall sub23 mit to the Committee on Homeland Security and

24 Governmental Affairs of the Senate and the Com-
†

241

S 4 ES

1 mittee on Homeland Security of the House of Rep2 resentatives a report on—

3 (A) the pay system that applies with re4 spect to TSA employees as of the date of enact5 ment of this Act; and

6 (B) any changes to such system which

7 would be made under any regulations which

8 have been prescribed under chapter 97 of title

9 5, United States Code.

10 (2) MATTERS FOR INCLUSION.—The report re11 quired under paragraph (1) shall include—

12 (A) a brief description of each pay system

13 described in paragraphs (1)(A) and (1)(B), re14 spectively;

15 (B) a comparison of the relative advan16 tages and disadvantages of each of those pay

17 systems; and

18 (C) such other matters as the Comptroller

19 General determines appropriate.

20 (d) This section shall take effect one day after the

21 date of enactment.

22 SEC. 905. PLAN FOR 100 PERCENT SCANNING OF CARGO

23 CONTAINERS.

24 Section 232(c) of the Security and Accountability For

25 Every Port Act (6 U.S.C. 982(c)) is amended—
†

242

S 4 ES

1 (1) by striking ‘‘Not later’’ and inserting the

2 following:

3 ‘‘(1) IN GENERAL.—Not later’’;

4 (2) by resetting the left margin of the text

5 thereof 2 ems from the left margin; and

6 (3) by inserting at the end thereof the fol7 lowing:

8 ‘‘(2) PLAN FOR 100 PERCENT SCANNING OF

9 CARGO CONTAINERS.—

10 ‘‘(A) IN GENERAL.—The first report under

11 paragraph (1) shall include an initial plan to

12 scan 100 percent of the cargo containers des13 tined for the United States before such con14 tainers arrive in the United States.

15 ‘‘(B) PLAN CONTENTS.—The plan under

16 subparagraph (A) shall include—

17 ‘‘(i) specific annual benchmarks for

18 the percentage of cargo containers destined

19 for the United States that are scanned at

20 a foreign port;

21 ‘‘(ii) annual increases in the bench22 marks described in clause (i) until 100

23 percent of the cargo containers destined

24 for the United States are scanned before

25 arriving in the United States, unless the
†

243

S 4 ES

1 Secretary explains in writing to the appro2 priate congressional committees that inad3 equate progress has been made in meeting

4 the criteria in section 232(b) for expanded

5 scanning to be practical or feasible;

6 ‘‘(iii) an analysis of how to effectively

7 incorporate existing programs, including

8 the Container Security Initiative estab9 lished by section 205 and the Customs10 Trade Partnership Against Terrorism es11 tablished by subtitle B, to reach the bench12 marks described in clause (i); and

13 ‘‘(iv) an analysis of the scanning

14 equipment, personnel, and technology nec15 essary to reach the goal of 100 percent

16 scanning of cargo containers.

17 ‘‘(C) SUBSEQUENT REPORTS.—Each re18 port under paragraph (1) after the initial report

19 shall include an assessment of the progress to20 ward implementing the plan under subpara21 graph (A).’’.
†

244

S 4 ES

1 TITLE X—INCIDENT COMMAND

2 SYSTEM

3 SEC. 1001. PREIDENTIFYING AND EVALUATING MULTI4 JURISDICTIONAL FACILITIES TO STRENGTH5 EN INCIDENT COMMAND; PRIVATE SECTOR

6 PREPAREDNESS.

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

8 2002 (6 U.S.C. 317(c)(2)) is amended—

9 (1) in subparagraph (H), by striking ‘‘and’’ at

10 the end;

11 (2) by redesignating subparagraph (I) as sub12 paragraph (K); and

13 (3) by inserting after subparagraph (H) the fol14 lowing:

15 ‘‘(I) coordinating with the private sector to

16 help ensure private sector preparedness for nat17 ural disasters, acts of terrorism, or other man18 made disasters;

19 ‘‘(J) assisting State, local, or tribal govern20 ments, where appropriate, to preidentify and

21 evaluate suitable sites where a multijuris22 dictional incident command system can be

23 quickly established and operated from, if the

24 need for such a system arises; and’’.
†

245

S 4 ES

1 SEC. 1002. CREDENTIALING AND TYPING TO STRENGTHEN

2 INCIDENT COMMAND.

3 (a) IN GENERAL.—Title V of the Homeland Security

4 Act of 2002 (6 U.S.C. 331 et seq.) is amended—

5 (1) by striking section 510 and inserting the

6 following:

7 ‘‘SEC. 510. CREDENTIALING AND TYPING.

8 ‘‘(a) CREDENTIALING.—

9 ‘‘(1) DEFINITIONS.—In this subsection—

10 ‘‘(A) the term ‘credential’ means to provide

11 documentation that can authenticate and verify

12 the qualifications and identity of managers of

13 incidents, emergency response providers, and

14 other appropriate personnel, including by ensur15 ing that such personnel possess a minimum

16 common level of training, experience, physical

17 and medical fitness, and capability appropriate

18 for their position;

19 ‘‘(B) the term ‘credentialing’ means evalu20 ating an individual’s qualifications for a specific

21 position under guidelines created under this

22 subsection and assigning such individual a qual23 ification under the standards developed under

24 this subsection; and

25 ‘‘(C) the term ‘credentialed’ means an indi26 vidual has been evaluated for a specific position
†

246

S 4 ES

1 under the guidelines created under this sub2 section.

3 ‘‘(2) REQUIREMENTS.—

4 ‘‘(A) IN GENERAL.—The Administrator

5 shall enter into a memorandum of under6 standing with the administrators of the Emer7 gency Management Assistance Compact, State,

8 local, and tribal governments, emergency re9 sponse providers, and the organizations that

10 represent such providers, to collaborate on es11 tablishing nationwide standards for

12 credentialing all personnel who are likely to re13 spond to a natural disaster, act of terrorism, or

14 other man-made disaster.

15 ‘‘(B) CONTENTS.—The standards devel16 oped under subparagraph (A) shall—

17 ‘‘(i) include the minimum professional

18 qualifications, certifications, training, and

19 education requirements for specific emer20 gency response functional positions that

21 are applicable to Federal, State, local, and

22 tribal government;

23 ‘‘(ii) be compatible with the National

24 Incident Management System; and
†

247

S 4 ES

1 ‘‘(iii) be consistent with standards for

2 advance registration for health professions

3 volunteers under section 319I of the Public

4 Health Services Act (42 U.S.C. 247d–7b).

5 ‘‘(C) TIMEFRAME.—The Administrator

6 shall develop standards under subparagraph (A)

7 not later than 6 months after the date of enact8 ment of the Improving America’s Security Act

9 of 2007.

10 ‘‘(3) CREDENTIALING OF DEPARTMENT PER11 SONNEL.—

12 ‘‘(A) IN GENERAL.—Not later than 1 year

13 after the date of enactment of the Improving

14 America’s Security Act of 2007, the Secretary

15 and the Administrator shall ensure that all per16 sonnel of the Department (including temporary

17 personnel and individuals in the Surge Capacity

18 Force established under section 624 of the

19 Post-Katrina Emergency Management Reform

20 Act of 2006 (6 U.S.C. 711)) who are likely to

21 respond to a natural disaster, act of terrorism,

22 or other man-made disaster are credentialed.

23 ‘‘(B) STRATEGIC HUMAN CAPITAL PLAN.—

24 Not later than 90 days after completion of the

25 credentialing under subparagraph (A), the Ad-
†

248

S 4 ES

1 ministrator shall evaluate whether the work2 force of the Agency complies with the strategic

3 human capital plan of the Agency developed

4 under section 10102 of title 5, United States

5 Code, and is sufficient to respond to a cata6 strophic 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

12 2007, the Administrator shall provide the

13 standards developed under paragraph (2) to all

14 Federal agencies that have responsibilities

15 under the National 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

19 (A), each agency described in subparagraph (A)

20 shall—

21 ‘‘(i) ensure that all employees or vol22 unteers 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
†

249

S 4 ES

1 ‘‘(ii) submit to the Secretary the name

2 of each credentialed employee or volunteer

3 of 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 SYS10 TEM.—

11 ‘‘(A) IN GENERAL.—Not later than 1 year

12 after the date of enactment of the Improving

13 America’s Security Act of 2007, the Adminis14 trator shall establish and maintain a docu15 mentation and database system of Federal

16 emergency response providers and all other

17 Federal personnel credentialed to respond to a

18 natural disaster, act of terrorism, or other man19 made disaster.

20 ‘‘(B) ACCESSIBILITY.—The documentation

21 and database system established under subpara22 graph (1) shall be accessible to the Federal co23 ordinating officer and other appropriate offi24 cials preparing for or responding to a natural
†

250

S 4 ES

1 disaster, act of terrorism, or other man-made

2 disaster.

3 ‘‘(C) CONSIDERATIONS.—The Adminis4 trator shall consider whether the credentialing

5 system can be used to regulate access to areas

6 affected by a natural disaster, act of terrorism,

7 or other man-made disaster.

8 ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN9 MENTS.—Not later than 6 months after the date of

10 enactment of the Improving America’s Security Act

11 of 2007, the Administrator shall—

12 ‘‘(A) in collaboration with the administra13 tors of the Emergency Management Assistance

14 Compact, State, local, and tribal governments,

15 emergency response providers, and the organi16 zations that represent such providers, provide

17 detailed written guidance, assistance, and ex18 pertise to State, local, and tribal governments

19 to facilitate the credentialing of State, local,

20 and tribal emergency response providers com21 monly or likely to be used in responding to a

22 natural disaster, act of terrorism, or other man23 made disaster; and

24 ‘‘(B) in coordination with the administra25 tors of the Emergency Management Assistance
†

251

S 4 ES

1 Compact, State, local, and tribal governments,

2 emergency response providers (and the organi3 zations that represent such providers), and ap4 propriate national professional organizations,

5 assist State, local, and tribal governments with

6 credentialing the personnel of the State, local,

7 or tribal government under the guidance pro8 vided under subparagraph (A).

9 ‘‘(7) REPORT.—Not later than 6 months after

10 the date of enactment of the Improving America’s

11 Security Act of 2007, and annually thereafter, the

12 Administrator shall submit to the Committee on

13 Homeland Security and Governmental Affairs of the

14 Senate and the Committee on Homeland Security of

15 the House of Representatives a report describing the

16 implementation of this subsection, including the

17 number and level of qualification of Federal per18 sonnel trained and ready to respond to a natural dis19 aster, act of terrorism, or other man-made disaster.

20 ‘‘(b) TYPING OF RESOURCES.—

21 ‘‘(1) DEFINITIONS.—In this subsection—

22 ‘‘(A) the term ‘typed’ means an asset or

23 resource that has been evaluated for a specific

24 function under the guidelines created under this

25 section; and
†

252

S 4 ES

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 under7 standing with the administrators of the Emer8 gency Management Assistance Compact, State,

9 local, and tribal governments, emergency re10 sponse providers, and organizations that rep11 resent such providers, to collaborate on estab12 lishing nationwide standards for typing of re13 sources commonly or likely to be used in re14 sponding to a natural disaster, act of terrorism,

15 or other man-made disaster.

16 ‘‘(B) CONTENTS.—The standards devel17 oped 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
†

253

S 4 ES

1 and assets of the Department that are commonly or

2 likely to be used to respond to a natural disaster, act

3 of terrorism, 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

9 2007, the Administrator shall provide the

10 standards developed under paragraph (2) to all

11 Federal agencies that have responsibilities

12 under the National Response Plan.

13 ‘‘(B) TYPING OF AGENCIES, ASSETS, AND

14 RESOURCES.—Not later than 6 months after

15 the date on which the standards are provided

16 under subparagraph (A), each agency described

17 in subparagraph (A) shall—

18 ‘‘(i) ensure that all resources and as19 sets (including teams, equipment, and

20 other assets) of that agency that are com21 monly or likely to be used to respond to a

22 natural disaster, act of terrorism, or other

23 man-made disaster are typed; and

24 ‘‘(ii) submit to the Secretary a list of

25 all types resources and assets.
†

254

S 4 ES

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

5 that agency.

6 ‘‘(5) DOCUMENTATION AND DATABASE SYS7 TEM.—

8 ‘‘(A) IN GENERAL.—Not later than 1 year

9 after the date of enactment of the Improving

10 America’s Security Act of 2007, the Adminis11 trator shall establish and maintain a docu12 mentation and database system of Federal re13 sources and assets commonly or likely to be

14 used to respond to a natural disaster, act of

15 terrorism, or other man-made disaster.

16 ‘‘(B) ACCESSIBILITY.—The documentation

17 and database system established under subpara18 graph (A) shall be accessible to the Federal co19 ordinating officer and other appropriate offi20 cials preparing for or responding to a natural

21 disaster, act of terrorism, or other man-made

22 disaster.

23 ‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN24 MENTS.—Not later than 6 months after the date of

25 enactment of the Improving America’s Security Act
†

255

S 4 ES

1 of 2007, the Administrator, in collaboration with the

2 administrators of the Emergency Management As3 sistance Compact, State, local, and tribal govern4 ments, emergency response providers, and the orga5 nizations that represent such providers, shall—

6 ‘‘(A) provide detailed written guidance, as7 sistance, and expertise to State, local, and trib8 al governments to facilitate the typing of the re9 sources and assets of State, local, and tribal

10 governments likely to be used in responding to

11 a natural disaster, act of terrorism, or other

12 man-made disaster; and

13 ‘‘(B) assist State, local, and tribal govern14 ments with typing resources and assets of

15 State, local, or tribal governments under the

16 guidance provided under subparagraph (A).

17 ‘‘(7) REPORT.—Not later than 6 months after

18 the date of enactment of the Improving America’s

19 Security Act of 2007, and annually thereafter, the

20 Administrator shall submit to the Committee on

21 Homeland Security and Governmental Affairs of the

22 Senate and the Committee on Homeland Security of

23 the House of Representatives a report describing the

24 implementation of this subsection, including the

25 number and type of Federal resources and assets
†

256

S 4 ES

1 ready to respond to a natural disaster, act of ter2 rorism, or other man-made disaster.

3 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as necessary

5 to carry out this section.’’; and

6 (2) by adding after section 522, as added by

7 section 803 of this Act, the following:

8 ‘‘SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL IN9 FRASTRUCTURE.

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

18 to permit access to restricted areas in the event of a nat19 ural disaster, act of terrorism, or other man-made dis20 aster.’’.

21 (b) TECHNICAL AND CONFORMING AMENDMENT.—

22 The table of contents in section 1(b) of the Homeland Se23 curity Act of 2002 (6 U.S.C. 101(b)) is amended by in24 serting after the item relating to section 522, as added

25 by section 803 of this Act, the following:

‘‘Sec. 523. Providing secure access to critical infrastructure.’’.
†

257

S 4 ES

1 TITLE XI—CRITICAL

2 INFRASTRUCTURE PROTECTION

3 SEC. 1101. CRITICAL INFRASTRUCTURE PROTECTION.

4 (a) CRITICAL INFRASTRUCTURE LIST.—Not later

5 than 90 days after the date of enactment of this Act, and

6 in coordination with other initiatives of the Secretary re7 lating to critical infrastructure or key resource protection

8 and partnerships between the government and private sec9 tor, the Secretary shall establish a risk-based prioritized

10 list of critical infrastructure and key resources that—

11 (1) includes assets or systems that, if success12 fully destroyed or disrupted through a terrorist at13 tack or natural catastrophe, would cause cata14 strophic national 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.
†

258

S 4 ES

1 (b) SECTOR LISTS.—The Secretary shall include lev2 ees in the Department’s list of critical infrastructure sec3 tors.

4 (c) MAINTENANCE.—Each list created under this sec5 tion shall be reviewed and updated on an ongoing basis,

6 but at least annually.

7 (d) ANNUAL REPORT.—

8 (1) GENERALLY.—Not later than 120 days

9 after the date of enactment of this Act, and annually

10 thereafter, the Secretary shall submit to the Com11 mittee on Homeland Security and Governmental Af12 fairs of the Senate and the Committee on Homeland

13 Security of the House of Representatives a report

14 summarizing—

15 (A) the criteria used to develop each list

16 created under this section;

17 (B) the methodology used to solicit and

18 verify submissions for each list;

19 (C) the name, location, and sector classi20 fication of assets in each list created under this

21 section;

22 (D) a description of any additional lists or

23 databases the Department has developed to

24 prioritize critical infrastructure on the basis of

25 risk; and
†

259

S 4 ES

1 (E) how each list developed under this sec2 tion will be used by the Secretary in program

3 activities, including grant making.

4 (2) CLASSIFIED INFORMATION.—

5 (A) IN GENERAL.—The Secretary shall

6 submit with each report under this subsection a

7 classified annex containing information required

8 to be submitted under this subsection that can9 not be made public.

10 (B) RETENTION OF CLASSIFICATION.—The

11 classification of information required to be pro12 vided to Congress, the Department, or any

13 other department or agency under this section

14 by a sector-specific agency, including the as15 signment of a level of classification of such in16 formation, shall be binding on Congress, the

17 Department, and that other Federal agency.

18 SEC. 1102. RISK ASSESSMENT AND REPORT.

19 (a) RISK ASSESSMENT.—

20 (1) IN GENERAL.—The Secretary, pursuant to

21 the responsibilities under section 202 of the Home22 land Security Act (6 U.S.C. 122), for each fiscal

23 year beginning with fiscal year 2007, shall prepare

24 a risk assessment of the critical infrastructure and

25 key resources of the Nation which shall—
†

260

S 4 ES

1 (A) be organized by sector, including the

2 critical infrastructure sectors named in Home3 land Security Presidential Directive-7, as in ef4 fect on January 1, 2006; and

5 (B) contain any actions or counter6 measures proposed, recommended, or directed

7 by the Secretary to address security concerns

8 covered in the assessment.

9 (2) RELIANCE ON OTHER ASSESSMENTS.—In

10 preparing the assessments and reports under this

11 section, the Department may rely on a vulnerability

12 assessment or risk assessment prepared by another

13 Federal agency that the Department determines is

14 prepared in coordination with other initiatives of the

15 Department relating to critical infrastructure or key

16 resource protection and partnerships between the

17 government and private sector.

18 (b) REPORT.—

19 (1) IN GENERAL.—Not later than 6 months

20 after the last day of fiscal year 2007 and for each

21 year thereafter, the Secretary shall submit a report

22 to the Committee on Homeland Security and Gov23 ernmental Affairs of the Senate and the Committee

24 on Homeland Security of the House of Representa25 tives, and to each Committee of the Senate and the
†

261

S 4 ES

1 House of Representatives having jurisdiction over

2 the critical infrastructure or key resource addressed

3 by the report, containing a summary and review of

4 the risk assessments prepared by the Secretary

5 under this section for that fiscal year, which shall be

6 organized by sector and which shall include rec7 ommendations of the Secretary for mitigating risks

8 identified by the assessments.

9 ‘‘(2) CLASSIFIED INFORMATION.—

10 ‘‘(A) IN GENERAL.—The report under this

11 subsection may contain a classified annex.

12 ‘‘(B) RETENTION OF CLASSIFICATION.—

13 The classification of information required to be

14 provided to Congress, the Department, or any

15 other department or agency under this section

16 by a sector-specific agency, including the as17 signment of a level of classification of such in18 formation, shall be binding on Congress, the

19 Department, and that other Federal agency.’’.

20 SEC. 1103. USE OF EXISTING CAPABILITIES.

21 Where appropriate, the Secretary shall use the Na22 tional Infrastructure Simulation and Analysis Center to

23 carry out the actions required under this title.
†

262

S 4 ES

1 SEC. 1104. PRIORITIES AND ALLOCATIONS.

2 Not later than 6 months after the last day of fiscal

3 year 2007, and for each year thereafter, the Secretary,

4 in cooperation with the Secretary of Commerce, the Sec5 retary of Transportation, the Secretary of Defense, and

6 the Secretary of Energy shall submit to the Committee

7 on Banking, Housing, and Urban Affairs and the Com8 mittee on Homeland Security and Governmental Affairs

9 of the Senate and the Committee on Financial Services

10 and the Committee on Homeland Security of the House

11 of Representatives a report that details the actions taken

12 by the Federal Government to ensure, in accordance with

13 subsections (a) and (c) of section 101 of the Defense Pro14 duction Act of 1950 (50 U.S.C. App. 2071), the prepared15 ness of industry—

16 (1) to reduce interruption of critical infrastruc17 ture operations during a terrorist attack, natural ca18 tastrophe, or other similar national emergency; and

19 (2) to minimize the impact of such catas20 trophes, as so described in section 1001(a)(1).

21 TITLE XII—CONGRESSIONAL

22 OVERSIGHT OF INTELLIGENCE

23 SEC. 1201. AVAILABILITY TO PUBLIC OF CERTAIN INTEL24 LIGENCE FUNDING INFORMATION.

25 (a) AMOUNTS REQUESTED EACH FISCAL YEAR.—

26 The President shall disclose to the public for each fiscal
†

263

S 4 ES

1 year after fiscal year 2007 the aggregate amount of appro2 priations requested in the budget of the President for such

3 fiscal year for the National Intelligence Program.

4 (b) AMOUNTS AUTHORIZED AND APPROPRIATED

5 EACH FISCAL YEAR.—Congress shall disclose to the pub6 lic for each fiscal year after fiscal year 2007 the aggregate

7 amount of funds authorized to be appropriated, and the

8 aggregate amount of funds appropriated, by Congress for

9 such fiscal year for the National Intelligence Program.

10 (c) STUDY ON DISCLOSURE OF ADDITIONAL INFOR11 MATION.—

12 (1) IN GENERAL.—The Director of National In13 telligence shall conduct a study to assess the advis14 ability of disclosing to the public amounts as follows:

15 (A) The aggregate amount of appropria16 tions requested in the budget of the President

17 for each fiscal year for each element of the in18 telligence community.

19 (B) The aggregate amount of funds au20 thorized to be appropriated, and the aggregate

21 amount of funds appropriated, by Congress for

22 each fiscal year for each element of the intel23 ligence community.

24 (2) REQUIREMENTS.—The study required by

25 paragraph (1) shall—
†

264

S 4 ES

1 (A) address whether or not the disclosure

2 to the public of the information referred to in

3 that paragraph would harm the national secu4 rity of the United States; and

5 (B) take into specific account concerns re6 lating to the disclosure of such information for

7 each element of the intelligence community.

8 (3) REPORT.—Not later than 180 days after

9 the date of enactment of this Act, the Director shall

10 submit to Congress a report on the study required

11 by paragraph (1).

12 (d) DEFINITIONS.—In this section—

13 (1) the term ‘‘element of the intelligence com14 munity’’ means an element of the intelligence com15 munity specified in or designated under section 3(4)

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

17 401a(4)); and

18 (2) the term ‘‘National Intelligence Program’’

19 has the meaning given that term in section 3(6) of

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

21 401a(6)).

22 SEC. 1202. RESPONSE OF INTELLIGENCE COMMUNITY TO

23 REQUESTS FROM CONGRESS.

24 (a) RESPONSE OF INTELLIGENCE COMMUNITY TO

25 REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCU-
†

265

S 4 ES

1 MENTS AND INFORMATION.—Title V of the National Secu2 rity Act of 1947 (50 U.S.C. 413 et seq.) is amended by

3 adding at the end the following new section:

4 ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS

5 FROM CONGRESS FOR INTELLIGENCE DOCUMENTS

6 AND INFORMATION

7 ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.—The

8 Director of the National Counterterrorism Center, the Di9 rector of a national intelligence center, or the head of any

10 department, agency, or element of the intelligence commu11 nity shall, not later than 15 days after receiving a request

12 for any intelligence assessment, report, estimate, legal

13 opinion, or other intelligence information from the Select

14 Committee on Intelligence of the Senate, the Permanent

15 Select Committee on Intelligence of the House of Rep16 resentatives, or any other committee of Congress with ju17 risdiction over the subject matter to which information in

18 such assessment, report, estimate, legal opinion, or other

19 information relates, make available to such committee

20 such assessment, report, estimate, legal opinion, or other

21 information, as the case may be.

22 ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) The

23 Director of the National Counterterrorism Center, the Di24 rector of a national intelligence center, or the head of any

25 department, agency, or element of the intelligence commu26 nity shall respond, in the time specified in subsection (a),
†

266

S 4 ES

1 to a request described in that subsection from the Chair2 man or Vice Chairman of the Select Committee on Intel3 ligence of the Senate or the Chairman or Ranking Member

4 of the Permanent Select Committee on Intelligence of the

5 House of Representatives.

6 ‘‘(2) Upon making a request covered by paragraph

7 (1)—

8 ‘‘(A) the Chairman or Vice Chairman, as the

9 case may be, of the Select Committee on Intelligence

10 of the Senate shall notify the other of the Chairman

11 or Vice Chairman of such request; and

12 ‘‘(B) the Chairman or Ranking Member, as the

13 case may be, of the Permanent Select Committee on

14 Intelligence of the House of Representatives shall

15 notify the other of the Chairman or Ranking Mem16 ber of such request.

17 ‘‘(c) ASSERTION OF PRIVILEGE.—In response to a re18 quest covered by subsection (a) or (b), the Director of the

19 National Counterterrorism Center, the Director of a na20 tional intelligence center, or the head of any department,

21 agency, or element of the intelligence community shall pro22 vide the document or information covered by such request

23 unless the President certifies that such document or infor24 mation is not being provided because the President is as-
†

267

S 4 ES

1 serting a privilege pursuant to the Constitution of the

2 United States.

3 ‘‘(d) INDEPENDENT TESTIMONY OF INTELLIGENCE

4 OFFICIALS.—No officer, department, agency, or element

5 within the Executive branch shall have any authority to

6 require the head of any department, agency, or element

7 of the intelligence community, or any designate of such

8 a head—

9 ‘‘(1) to receive permission to testify before Con10 gress; or

11 ‘‘(2) to submit testimony, legislative rec12 ommendations, or comments to any officer or agency

13 of the Executive branch for approval, comments, or

14 review prior to the submission of such recommenda15 tions, testimony, or comments to Congress if such

16 testimony, legislative recommendations, or comments

17 include a statement indicating that the views ex18 pressed therein are those of the head of the depart19 ment, agency, or element of the intelligence commu20 nity that is making the submission and do not nec21 essarily represent the views of the Administration.’’.

22 (b) DISCLOSURES OF CERTAIN INFORMATION TO

23 CONGRESS.—Title V of the National Security Act of 1947

24 (50 U.S.C. 413 et seq.), as amended by subsection (a),

25 is amended by adding at the end the following new section:
†

268

S 4 ES

1 ‘‘DISCLOSURES TO CONGRESS

2 ‘‘SEC. 509. (a) AUTHORITY TO DISCLOSE CERTAIN

3 INFORMATION.—An employee of a covered agency or an

4 employee of a contractor carrying out activities pursuant

5 to a contract with a covered agency may disclose covered

6 information to an authorized individual without first re7 porting such information to the appropriate Inspector

8 General.

9 ‘‘(b) AUTHORIZED INDIVIDUAL.—(1) In this section,

10 the term ‘authorized individual’ means—

11 ‘‘(A) a Member of the Senate or the House of

12 Representatives who is authorized to receive infor13 mation of the type disclosed; or

14 ‘‘(B) an employee of the Senate or the House

15 of Representatives who—

16 ‘‘(i) has an appropriate security clearance;

17 and

18 ‘‘(ii) is authorized to receive information of

19 the type disclosed.

20 ‘‘(2) An authorized individual described in paragraph

21 (1) to whom covered information is disclosed under the

22 authority in subsection (a) shall be presumed to have a

23 need to know such covered information.

24 ‘‘(c) COVERED AGENCY AND COVERED INFORMATION

25 DEFINED.—In this section:
†

269

S 4 ES

1 ‘‘(1) The term ‘covered agency’ means—

2 ‘‘(A) any department, agency, or element

3 of the intelligence community;

4 ‘‘(B) a national intelligence center; and

5 ‘‘(C) any other Executive agency, or ele6 ment or unit thereof, determined by the Presi7 dent under section 2302(a)(2)(C)(ii) of title 5,

8 United States Code, to have as its principal

9 function the conduct of foreign intelligence or

10 counterintelligence activities.

11 ‘‘(2) The term ‘covered information’—

12 ‘‘(A) means information, including classi13 fied information, that an employee referred to

14 in subsection (a) reasonably believes provides

15 direct and specific evidence of a false or inac16 curate statement—

17 ‘‘(i) made to Congress; or

18 ‘‘(ii) contained in any intelligence as19 sessment, report, or estimate; and

20 ‘‘(B) does not include information the dis21 closure of which is prohibited by rule 6(e) of

22 the Federal Rules of Criminal Procedure.

23 ‘‘(d) CONSTRUCTION WITH OTHER REPORTING RE24 QUIREMENTS.—Nothing in this section may be construed

25 to modify, alter, or otherwise affect—
†

270

S 4 ES

1 ‘‘(1) any reporting requirement relating to in2 telligence activities that arises under this Act or any

3 other provision of law; or

4 ‘‘(2) the right of any employee of the United

5 States to disclose information to Congress, in ac6 cordance with applicable law, information other than

7 covered information.’’.

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

9 in the first section of that Act is amended by inserting

10 after the item relating to section 507 the following new

11 items:

‘‘Sec. 508. Response of intelligence community to requests from Congress for

intelligence documents and information.

‘‘Sec. 509. Disclosures to Congress.’’.

12 SEC. 1203. PUBLIC INTEREST DECLASSIFICATION BOARD.

13 The Public Interest Declassification Act of 2000 (50

14 U.S.C. 435 note) is amended—

15 (1) in section 704(e)—

16 (A) by striking ‘‘If requested’’ and insert17 ing the following:

18 ‘‘(1) IN GENERAL.—If requested’’; and

19 (B) by adding at the end the following:

20 ‘‘(2) AUTHORITY OF BOARD.—Upon receiving a

21 congressional request described in section 703(b)(5),

22 the Board may conduct the review and make the

23 recommendations described in that section, regard-
†

271

S 4 ES

1 less of whether such a review is requested by the

2 President.

3 ‘‘(3) REPORTING.—Any recommendations sub4 mitted to the President by the Board under section

5 703(b)(5), shall be submitted to the chairman and

6 ranking member of the committee of Congress that

7 made the request relating to such recommenda8 tions.’’; and

9 (2) in section 710(b), by striking ‘‘8 years after

10 the date of the enactment of this Act’’ and inserting

11 ‘‘on December 31, 2012’’.

12 SEC. 1204. SENSE OF THE SENATE REGARDING A REPORT

13 ON THE 9/11 COMMISSION RECOMMENDA14 TIONS WITH RESPECT TO INTELLIGENCE RE15 FORM AND CONGRESSIONAL INTELLIGENCE

16 OVERSIGHT REFORM.

17 (a) FINDINGS.—Congress makes the following find18 ings:

19 (1) The National Commission on Terrorist At20 tacks Upon the United States (referred to in this

21 section as the ‘‘9/11 Commission’’) conducted a

22 lengthy review of the facts and circumstances relat23 ing to the terrorist attacks of September 11, 2001,

24 including those relating to the intelligence commu-
†

272

S 4 ES

1 nity, law enforcement agencies, and the role of con2 gressional oversight and resource allocation.

3 (2) In its final report, the 9/11 Commission

4 found that—

5 (A) congressional oversight of the intel6 ligence activities of the United States is dys7 functional;

8 (B) under the rules of the Senate and the

9 House of Representatives in effect at the time

10 the report was completed, the committees of

11 Congress charged with oversight of the intel12 ligence activities lacked the power, influence,

13 and sustained capability to meet the daunting

14 challenges faced by the intelligence community

15 of the United States;

16 (C) as long as such oversight is governed

17 by such rules of the Senate and the House of

18 Representatives, the people of the United States

19 will not get the security they want and need;

20 (D) a strong, stable, and capable congres21 sional committee structure is needed to give the

22 intelligence community of the United States ap23 propriate oversight, support, and leadership;

24 and
†

273

S 4 ES

1 (E) the reforms recommended by the 9/11

2 Commission in its final report will not succeed

3 if congressional oversight of the intelligence

4 community in the United States is not changed.

5 (3) The 9/11 Commission recommended struc6 tural changes to Congress to improve the oversight

7 of intelligence activities.

8 (4) Congress has enacted some of the rec9 ommendations made by the 9/11 Commission and is

10 considering implementing additional recommenda11 tions of the 9/11 Commission.

12 (5) The Senate adopted Senate Resolution 445

13 in the 108th Congress to address some of the intel14 ligence oversight recommendations of the 9/11 Com15 mission by abolishing term limits for the members of

16 the Select Committee on Intelligence, clarifying ju17 risdiction for intelligence-related nominations, and

18 streamlining procedures for the referral of intel19 ligence-related legislation, but other aspects of the 9/

20 11 Commission recommendations regarding intel21 ligence oversight have not been implemented.

22 (b) SENSE OF THE SENATE.—It is the sense of the

23 Senate that the Committee on Homeland Security and

24 Governmental Affairs and the Select Committee on Intel25 ligence of the Senate each, or jointly, should—
†

274

S 4 ES

1 (1) undertake a review of the recommendations

2 made in the final report of the 9/11 Commission

3 with respect to intelligence reform and congressional

4 intelligence oversight reform;

5 (2) review and consider any other suggestions,

6 options, or recommendations for improving intel7 ligence oversight; and

8 (3) not later than December 21, 2007, submit

9 to the Senate a report that includes the rec10 ommendations of the Committee, if any, for carrying

11 out such reforms.

12 SEC. 1205. AVAILABILITY OF FUNDS FOR THE PUBLIC IN13 TEREST DECLASSIFICATION BOARD.

14 Section 21067 of the Continuing Appropriations Res15 olution, 2007 (division B of Public Law 109–289; 120

16 Stat. 1311), as amended by Public Law 109–369 (120

17 Stat. 2642), Public Law 109–383 (120 Stat. 2678), and

18 Public Law 110–5, is amended by adding at the end the

19 following new subsection:

20 ‘‘(c) From the amount provided by this section, the

21 National Archives and Records Administration may obli22 gate monies necessary to carry out the activities of the

23 Public Interest Declassification Board.’’.
†

275

S 4 ES

1 SEC. 1206. AVAILABILITY OF THE EXECUTIVE SUMMARY OF

2 THE REPORT ON CENTRAL INTELLIGENCE

3 AGENCY ACCOUNTABILITY REGARDING THE

4 TERRORIST ATTACKS OF SEPTEMBER 11,

5 2001.

6 (a) PUBLIC AVAILABILITY.—Not later than 30 days

7 after the date of the enactment of this Act, the Director

8 of the Central Intelligence Agency shall prepare and make

9 available to the public a version of the Executive Summary

10 of the report entitled the ‘‘Office of Inspector General Re11 port on Central Intelligence Agency Accountability Re12 garding Findings and Conclusions of the Joint Inquiry

13 into Intelligence Community Activities Before and After

14 the Terrorist Attacks of September 11, 2001’’ issued in

15 June 2005 that is declassified to the maximum extent pos16 sible, consistent with national security.

17 (b) REPORT TO CONGRESS.—The Director of the

18 Central Intelligence Agency shall submit to Congress a

19 classified annex to the redacted Executive Summary made

20 available under subsection (a) that explains the reason

21 that any redacted material in the Executive Summary was

22 withheld from the public.
†

276

S 4 ES

1 TITLE XIII—INTERNATIONAL CO2 OPERATION ON ANTITER3 RORISM TECHNOLOGIES

4 SEC. 1301. PROMOTING ANTITERRORISM CAPABILITIES

5 THROUGH INTERNATIONAL COOPERATION.

6 (a) FINDINGS.—The Congress finds the following:

7 (1) The development and implementation of

8 technology is critical to combating terrorism and

9 other high consequence events and implementing a

10 comprehensive homeland security strategy.

11 (2) The United States and its allies in the glob12 al war on terrorism share a common interest in fa13 cilitating research, development, testing, and evalua14 tion of equipment, capabilities, technologies, and

15 services that will aid in detecting, preventing, re16 sponding to, recovering from, and mitigating against

17 acts of terrorism.

18 (3) Certain United States allies in the global

19 war on terrorism, including Israel, the United King20 dom, Canada, Australia, and Singapore have exten21 sive experience with, and technological expertise in,

22 homeland security.

23 (4) The United States and certain of its allies

24 in the global war on terrorism have a history of suc25 cessful collaboration in developing mutually bene-
†

277

S 4 ES

1 ficial equipment, capabilities, technologies, and serv2 ices in the areas of defense, agriculture, and tele3 communications.

4 (5) The United States and its allies in the glob5 al war on terrorism will mutually benefit from the

6 sharing of technological expertise to combat domes7 tic and international terrorism.

8 (6) The establishment of an office to facilitate

9 and support cooperative endeavors between and

10 among government agencies, for-profit business enti11 ties, academic institutions, and nonprofit entities of

12 the United States and its allies will safeguard lives

13 and property worldwide against acts of terrorism

14 and other high consequence events.

15 (b) PROMOTING ANTITERRORISM THROUGH INTER16 NATIONAL COOPERATION ACT.—

17 (1) IN GENERAL.—The Homeland Security Act

18 of 2002 is amended by inserting after section 316,

19 as added by section 701 of this Act, the following:

20 ‘‘SEC. 317. PROMOTING ANTITERRORISM THROUGH INTER21 NATIONAL COOPERATION PROGRAM.

22 ‘‘(a) DEFINITIONS.—In this section:

23 ‘‘(1) DIRECTOR.—The term ‘Director’ means

24 the Director selected under subsection (b)(2).
†

278

S 4 ES

1 ‘‘(2) INTERNATIONAL COOPERATIVE ACTIV2 ITY.—The term ‘international cooperative activity’

3 includes—

4 ‘‘(A) coordinated research projects, joint

5 research projects, or joint ventures;

6 ‘‘(B) joint studies or technical demonstra7 tions;

8 ‘‘(C) coordinated field exercises, scientific

9 seminars, conferences, symposia, and work10 shops;

11 ‘‘(D) training of scientists and engineers;

12 ‘‘(E) visits and exchanges of scientists, en13 gineers, or other appropriate personnel;

14 ‘‘(F) exchanges or sharing of scientific and

15 technological information; and

16 ‘‘(G) joint use of laboratory facilities and

17 equipment.

18 ‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECU19 RITY INTERNATIONAL COOPERATIVE PROGRAMS OF20 FICE.—

21 ‘‘(1) ESTABLISHMENT.—The Under Secretary

22 shall establish the Science and Technology Home23 land Security International Cooperative Programs

24 Office.
†

279

S 4 ES

1 ‘‘(2) DIRECTOR.—The Office shall be headed by

2 a Director, who—

3 ‘‘(A) shall be selected (in consultation with

4 the Assistant Secretary for International Af5 fairs, Policy Directorate) by and shall report to

6 the Under Secretary; and

7 ‘‘(B) may be an officer of the Department

8 serving in another position.

9 ‘‘(3) RESPONSIBILITIES.—

10 ‘‘(A) DEVELOPMENT OF MECHANISMS.—

11 The Director shall be responsible for devel12 oping, in coordination with the Department of

13 State, the Department of Defense, the Depart14 ment of Energy, and other Federal agencies,

15 mechanisms and legal frameworks to allow and

16 to support international cooperative activity in

17 support of homeland security research.

18 ‘‘(B) PRIORITIES.—The Director shall be

19 responsible for developing, in coordination with

20 the Directorate of Science and Technology, the

21 other components of the Department (including

22 the Office of the Assistant Secretary for Inter23 national Affairs, Policy Directorate), the De24 partment of State, the Department of Defense,

25 the Department of Energy, and other Federal
†

280

S 4 ES

1 agencies, strategic priorities for international

2 cooperative activity.

3 ‘‘(C) ACTIVITIES.—The Director shall fa4 cilitate the planning, development, and imple5 mentation of international cooperative activity

6 to address the strategic priorities developed

7 under subparagraph (B) through mechanisms

8 the Under Secretary considers appropriate, in9 cluding grants, cooperative agreements, or con10 tracts to or with foreign public or private enti11 ties, governmental organizations, businesses,

12 federally funded research and development cen13 ters, and universities.

14 ‘‘(D) IDENTIFICATION OF PARTNERS.—

15 The Director shall facilitate the matching of

16 United States entities engaged in homeland se17 curity research with non-United States entities

18 engaged in homeland security research so that

19 they may partner in homeland security research

20 activities.

21 ‘‘(4) COORDINATION.—The Director shall en22 sure that the activities under this subsection are co23 ordinated with the Office of International Affairs

24 and the Department of State, the Department of

25 Defense, the Department of Energy, and other rel-
†

281

S 4 ES

1 evant Federal agencies or interagency bodies. The

2 Director may enter into joint activities with other

3 Federal agencies.

4 ‘‘(c) MATCHING FUNDING.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) EQUITABILITY.—The Director shall

7 ensure that funding and resources expended in

8 international cooperative activity will be equi9 tably matched by the foreign partner govern10 ment or other entity through direct funding,

11 funding of complementary activities, or through

12 the provision of staff, facilities, material, or

13 equipment.

14 ‘‘(B) GRANT MATCHING AND REPAY15 MENT.—

16 ‘‘(i) IN GENERAL.—The Secretary

17 may require a recipient of a grant under

18 this section—

19 ‘‘(I) to make a matching con20 tribution of not more than 50 percent

21 of the total cost of the proposed

22 project for which the grant is award23 ed; and

24 ‘‘(II) to repay to the Secretary

25 the amount of the grant (or a portion
†

282

S 4 ES

1 thereof), interest on such amount at

2 an appropriate rate, and such charges

3 for administration of the grant as the

4 Secretary determines appropriate.

5 ‘‘(ii) MAXIMUM AMOUNT.—The Sec6 retary may not require that repayment

7 under clause (i)(II) be more than 150 per8 cent of the amount of the grant, adjusted

9 for inflation on the basis of the Consumer

10 Price Index.

11 ‘‘(2) FOREIGN PARTNERS.—Partners may in12 clude Israel, the United Kingdom, Canada, Aus13 tralia, Singapore, and other allies in the global war

14 on terrorism, as determined by the Secretary of

15 State.

16 ‘‘(d) FUNDING.—Funding for all activities under this

17 section shall be paid from discretionary funds appro18 priated to the Department.

19 ‘‘(e) FOREIGN REIMBURSEMENTS.—If the Science

20 and Technology Homeland Security International Cooper21 ative Programs Office participates in an international co22 operative activity with a foreign partner on a cost-sharing

23 basis, any reimbursements or contributions received from

24 that foreign partner to meet the share of that foreign part25 ner of the project may be credited to appropriate appro-
†

283

S 4 ES

1 priations accounts of the Directorate of Science and Tech2 nology.’’.

3 (2) TECHNICAL AND CONFORMING AMEND4 MENT.—The table of contents in section 1(b) of the

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

6 seq.) is amended by adding after the item relating

7 to section 316, as added by section 701 of this Act,

8 the following:

‘‘Sec. 317. Promoting antiterrorism through international cooperation program.’’.

9 SEC. 1302. TRANSPARENCY OF FUNDS.

10 For each Federal award (as that term is defined in

11 section 2 of the Federal Funding Accountability and

12 Transparency Act of 2006 (31 U.S.C. 6101 note)) under

13 this title or an amendment made by this title, the Director

14 of the Office of Management and Budget shall ensure full

15 and timely compliance with the requirements of the Fed16 eral Funding Accountability and Transparency Act of

17 2006 (31 U.S.C. 6101 note).

18 TITLE XIV—TRANSPORTATION

19 AND INTEROPERABLE COM20 MUNICATION CAPABILITIES

21 SEC. 1401. SHORT TITLE.

22 This title may be cited as the ‘‘Transportation Secu23 rity and Interoperable Communication Capabilities Act’’.
†

284

S 4 ES

1 Subtitle A—Surface Transportation

2 and Rail Security

3 SEC. 1411. DEFINITION.

4 In this title, the term ‘‘high hazard materials’’ means

5 quantities of poison inhalation hazard materials, Class 2.3

6 gases, Class 6.1 materials, anhydrous ammonia, and other

7 hazardous materials that the Secretary, in consultation

8 with the Secretary of Transportation, determines pose a

9 security risk.

10 PART I—IMPROVED RAIL SECURITY

11 SEC. 1421. RAIL TRANSPORTATION SECURITY RISK ASSESS12 MENT.

13 (a) IN GENERAL.—

14 (1) RISK ASSESSMENT.—The Secretary shall es15 tablish a task force, including the Transportation

16 Security Administration and other agencies within

17 the Department, the Department of Transportation,

18 and other appropriate Federal agencies, to complete

19 a risk assessment of freight and passenger rail

20 transportation (encompassing railroads, as that term

21 is defined in section 20102(1) of title 49, United

22 States Code). The assessment shall include—

23 (A) a methodology for conducting the risk

24 assessment, including timelines, that addresses

25 how the Department of Homeland Security will
†

285

S 4 ES

1 work with the entities described in subsection

2 (b) and make use of existing Federal expertise

3 within the Department of Homeland Security,

4 the Department of Transportation, and other

5 appropriate agencies;

6 (B) identification and evaluation of critical

7 assets and infrastructures;

8 (C) identification of risks to those assets

9 and infrastructures;

10 (D) identification of risks that are specific

11 to the transportation of hazardous materials via

12 railroad;

13 (E) identification of risks to passenger and

14 cargo security, transportation infrastructure

15 (including rail tunnels used by passenger and

16 freight railroads in high threat urban areas),

17 protection systems, operations, communications

18 systems, employee training, emergency response

19 planning, and any other area identified by the

20 assessment;

21 (F) an assessment of public and private

22 operational recovery plans to expedite, to the

23 maximum extent practicable, the return of an

24 adversely affected freight or passenger rail

25 transportation system or facility to its normal
†

286

S 4 ES

1 performance level after a major terrorist attack

2 or other security event on that system or facil3 ity; and

4 (G) an account of actions taken or planned

5 by both public and private entities to address

6 identified rail security issues and assess the ef7 fective integration of such actions.

8 (2) RECOMMENDATIONS.—Based on the assess9 ment conducted under paragraph (1), the Secretary,

10 in consultation with the Secretary of Transportation,

11 shall develop prioritized recommendations for im12 proving rail security, including any recommendations

13 the Secretary has for—

14 (A) improving the security of rail tunnels,

15 rail bridges, rail switching and car storage

16 areas, other rail infrastructure and facilities, in17 formation systems, and other areas identified

18 by the Secretary as posing significant rail-re19 lated risks to public safety and the movement

20 of interstate commerce, taking into account the

21 impact that any proposed security measure

22 might have on the provision of rail service or on

23 operations served or otherwise affected by rail

24 service;
†

287

S 4 ES

1 (B) deploying equipment and personnel to

2 detect security threats, including those posed by

3 explosives and hazardous chemical, biological,

4 and radioactive substances, and any appropriate

5 countermeasures;

6 (C) training appropriate railroad or rail7 road shipper employees in terrorism prevention,

8 preparedness, passenger evacuation, and re9 sponse activities;

10 (D) conducting public outreach campaigns

11 on passenger railroads regarding security;

12 (E) deploying surveillance equipment;

13 (F) identifying the immediate and long14 term costs of measures that may be required to

15 address those risks; and

16 (G) public and private sector sources to

17 fund such measures.

18 (3) PLANS.—The report required by subsection

19 (c) shall include—

20 (A) a plan, developed in consultation with

21 the freight and intercity passenger railroads,

22 and State and local governments, for the Fed23 eral Government to provide adequate security

24 support at high or severe threat levels of alert;
†

288

S 4 ES

1 (B) a plan for coordinating existing and

2 planned rail security initiatives undertaken by

3 the public and private sectors; and

4 (C) a contingency plan, developed in co5 ordination with freight and intercity and com6 muter passenger railroads, to ensure the contin7 ued movement of freight and passengers in the

8 event of an attack affecting the railroad system,

9 which shall contemplate—

10 (i) the possibility of rerouting traffic

11 due to the loss of critical infrastructure,

12 such as a bridge, tunnel, yard, or station;

13 and

14 (ii) methods of continuing railroad

15 service in the Northeast Corridor in the

16 event of a commercial power loss, or catas17 trophe affecting a critical bridge, tunnel,

18 yard, or station.

19 (b) CONSULTATION; USE OF EXISTING RE20 SOURCES.—In carrying out the assessment and developing

21 the recommendations and plans required by subsection

22 (a), the Secretary shall consult with rail management, rail

23 labor, owners or lessors of rail cars used to transport haz24 ardous materials, first responders, offerers of hazardous

25 materials, public safety officials, and other relevant par-
†

289

S 4 ES

1 ties. In developing the risk assessment required under this

2 section, the Secretary shall utilize relevant existing risk

3 assessments developed by the Department or other Fed4 eral agencies, and, as appropriate, assessments developed

5 by other public and private stakeholders.

6 (c) REPORT.—

7 (1) CONTENTS.—Within 1 year after the date

8 of enactment of this Act, the Secretary shall trans9 mit to the Committee on Commerce, Science, and

10 Transportation of the Senate, and the Committee on

11 Transportation and Infrastructure and the Com12 mittee on Homeland Security of the House of Rep13 resentatives a report containing—

14 (A) the assessment, prioritized rec15 ommendations, and plans required by sub16 section (a); and

17 (B) an estimate of the cost to implement

18 such recommendations.

19 (2) FORMAT.—The Secretary may submit the

20 report in both classified and redacted formats if the

21 Secretary determines that such action is appropriate

22 or necessary.

23 (d) ANNUAL UPDATES.—The Secretary, in consulta24 tion with the Secretary of Transportation, shall update the

25 assessment and recommendations each year and transmit
†

290

S 4 ES

1 a report, which may be submitted in both classified and

2 redacted formats, to the Committees named in subsection

3 (c)(1), containing the updated assessment and rec4 ommendations.

5 (e) FUNDING.—Out of funds appropriated pursuant

6 to section 114(w) of title 49, United States Code, as

7 amended by section 1437 of this title, there shall be made

8 available to the Secretary to carry out this section

9 $5,000,000 for fiscal year 2008.

10 SEC. 1422. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

11 (a) IN GENERAL.—

12 (1) GRANTS.—Subject to subsection (c) the

13 Secretary, in consultation with the Assistant Sec14 retary of Homeland Security (Transportation Secu15 rity Administration), is authorized to make grants to

16 Amtrak in accordance with the provisions of this

17 section.

18 (2) GENERAL PURPOSES.—The Secretary may

19 make such grants for the purposes of—

20 (A) protecting underwater and under21 ground assets and systems;

22 (B) protecting high risk and high con23 sequence assets identified through system-wide

24 risk assessments;

25 (C) providing counter-terrorism training;
†

291

S 4 ES

1 (D) providing both visible and unpredict2 able deterrence; and

3 (E) conducting emergency preparedness

4 drills and exercises.

5 (3) SPECIFIC PROJECTS.—The Secretary shall

6 make such grants—

7 (A) to secure major tunnel access points

8 and ensure tunnel integrity in New York, New

9 Jersey, Maryland, and Washington, DC;

10 (B) to secure Amtrak trains;

11 (C) to secure Amtrak stations;

12 (D) to obtain a watch list identification

13 system approved by the Secretary;

14 (E) to obtain train tracking and interoper15 able communications systems that are coordi16 nated to the maximum extent possible;

17 (F) to hire additional police officers, spe18 cial agents, security officers, including canine

19 units, and to pay for other labor costs directly

20 associated with security and terrorism preven21 tion activities;

22 (G) to expand emergency preparedness ef23 forts; and

24 (H) for employee security training.
†

292

S 4 ES

1 (b) CONDITIONS.—The Secretary of Transportation

2 shall disburse funds to Amtrak provided under subsection

3 (a) for projects contained in a systemwide security plan

4 approved by the Secretary. Amtrak shall develop the secu5 rity plan in consultation with constituent States and other

6 relevant parties. The plan shall include appropriate meas7 ures to address security awareness, emergency response,

8 and passenger evacuation training and shall be consistent

9 with State security plans to the maximum extent prac10 ticable.

11 (c) EQUITABLE GEOGRAPHIC ALLOCATION.—The

12 Secretary shall ensure that, subject to meeting the highest

13 security needs on Amtrak’s entire system and consistent

14 with the risk assessment required under section 1421, sta15 tions and facilities located outside of the Northeast Cor16 ridor receive an equitable share of the security funds au17 thorized by this section.

18 (d) AVAILABILITY OF FUNDS.—

19 (1) IN GENERAL.—Out of funds appropriated

20 pursuant to section 114(w) of title 49, United States

21 Code, as amended by section 1437 of this title, there

22 shall be made available to the Secretary and the As23 sistant Secretary of Homeland Security (Transpor24 tation Security Administration) to carry out this

25 section—
†

293

S 4 ES

1 (A) $63,500,000 for fiscal year 2008;

2 (B) $30,000,000 for fiscal year 2009; and

3 (C) $30,000,000 for fiscal year 2010.

4 (2) AVAILABILITY OF APPROPRIATED FUNDS.—

5 Amounts appropriated pursuant to paragraph (1)

6 shall remain available until expended.

7 SEC. 1423. FIRE AND LIFE-SAFETY IMPROVEMENTS.

8 (a) LIFE-SAFETY NEEDS.—The Secretary of Trans9 portation, in consultation with the Secretary, is authorized

10 to make grants to Amtrak for the purpose of making fire

11 and life-safety improvements to Amtrak tunnels on the

12 Northeast Corridor in New York, New Jersey, Maryland,

13 and Washington, DC.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—Out of

15 funds appropriated pursuant to section 1437(b) of this

16 title, there shall be made available to the Secretary of

17 Transportation for the purposes of carrying out subsection

18 (a) the following amounts:

19 (1) For the 6 New York and New Jersey tun20 nels to provide ventilation, electrical, and fire safety

21 technology upgrades, emergency communication and

22 lighting systems, and emergency access and egress

23 for passengers—

24 (A) $100,000,000 for fiscal year 2008;

25 (B) $100,000,000 for fiscal year 2009;
†

294

S 4 ES

1 (C) $100,000,000 for fiscal year 2010; and

2 (D) $100,000,000 for fiscal year 2011.

3 (2) For the Baltimore & Potomac tunnel and

4 the Union tunnel, together, to provide adequate

5 drainage, ventilation, communication, lighting, and

6 passenger egress upgrades—

7 (A) $10,000,000 for fiscal year 2008;

8 (B) $10,000,000 for fiscal year 2009;

9 (C) $10,000,000 for fiscal year 2010; and

10 (D) $10,000,000 for fiscal year 2011.

11 (3) For the Washington, DC, Union Station

12 tunnels to improve ventilation, communication, light13 ing, and passenger egress upgrades—

14 (A) $8,000,000 for fiscal year 2008;

15 (B) $8,000,000 for fiscal year 2009;

16 (C) $8,000,000 for fiscal year 2010; and

17 (D) $8,000,000 for fiscal year 2011.

18 (c) INFRASTRUCTURE UPGRADES.—Out of funds ap19 propriated pursuant to section 1437(b) of this title, there

20 shall be made available to the Secretary of Transportation

21 for fiscal year 2008 $3,000,000 for the preliminary design

22 of options for a new tunnel on a different alignment to

23 augment the capacity of the existing Baltimore tunnels.
†

295

S 4 ES

1 (d) AVAILABILITY OF APPROPRIATED FUNDS.—

2 Amounts made available pursuant to this section shall re3 main available until expended.

4 (e) PLANS REQUIRED.—The Secretary of Transpor5 tation may not make amounts available to Amtrak for ob6 ligation or expenditure under subsection (a)—

7 (1) until Amtrak has submitted to the Sec8 retary, and the Secretary has approved, an engineer9 ing and financial plan for such projects; and

10 (2) unless, for each project funded pursuant to

11 this section, the Secretary has approved a project

12 management plan prepared by Amtrak addressing

13 appropriate project budget, construction schedule,

14 recipient staff organization, document control and

15 record keeping, change order procedure, quality con16 trol and assurance, periodic plan updates, and peri17 odic status reports.

18 (f) REVIEW OF PLANS.—

19 (1) IN GENERAL.—The Secretary of Transpor20 tation shall complete the review of the plans re21 quired by paragraphs (1) and (2) of subsection (e)

22 and approve or disapprove the plans within 45 days

23 after the date on which each such plan is submitted

24 by Amtrak.
†

296

S 4 ES

1 (2) INCOMPLETE OR DEFICIENT PLAN.—If the

2 Secretary determines that a plan is incomplete or

3 deficient, the Secretary shall notify Amtrak of the

4 incomplete items or deficiencies and Amtrak shall,

5 within 30 days after receiving the Secretary’s notifi6 cation, submit a modified plan for the Secretary’s

7 review.

8 (3) APPROVAL OF PLAN.—Within 15 days after

9 receiving additional information on items previously

10 included in the plan, and within 45 days after re11 ceiving items newly included in a modified plan, the

12 Secretary shall either approve the modified plan, or,

13 if the Secretary finds the plan is still incomplete or

14 deficient, the Secretary shall—

15 (A) identify in writing to the Committee on

16 Commerce, Science, and Transportation of the

17 Senate, and the Committee on Transportation

18 and Infrastructure and the Committee on

19 Homeland Security of the House of Representa20 tives the portions of the plan the Secretary

21 finds incomplete or deficient;

22 (B) approve all other portions of the plan;

23 (C) obligate the funds associated with

24 those other portions; and
†

297

S 4 ES

1 (D) execute an agreement with Amtrak

2 within 15 days thereafter on a process for re3 solving the remaining portions of the plan.

4 (g) FINANCIAL CONTRIBUTION FROM OTHER TUN5 NEL USERS.—The Secretary shall, taking into account the

6 need for the timely completion of all portions of the tunnel

7 projects described in subsection (a)—

8 (1) consider the extent to which rail carriers

9 other than Amtrak use or plan to use the tunnels;

10 (2) consider the feasibility of seeking a financial

11 contribution from those other rail carriers toward

12 the costs of the projects; and

13 (3) obtain financial contributions or commit14 ments from such other rail carriers at levels reflect15 ing the extent of their use or planned use of the tun16 nels, if feasible.

17 SEC. 1424. FREIGHT AND PASSENGER RAIL SECURITY UP18 GRADES.

19 (a) SECURITY IMPROVEMENT GRANTS.—The Sec20 retary, in consultation with Assistant Secretary of Home21 land Security (Transportation Security Administration)

22 and other appropriate agencies or officials, is authorized

23 to make grants to freight railroads, the Alaska Railroad,

24 hazardous materials offerers, owners of rail cars used in

25 the transportation of hazardous materials, universities,
†

298

S 4 ES

1 colleges and research centers, State and local governments

2 (for rail passenger facilities and infrastructure not owned

3 by Amtrak), and to Amtrak for full or partial reimburse4 ment of costs incurred in the conduct of activities to pre5 vent or respond to acts of terrorism, sabotage, or other

6 intercity passenger rail and freight rail security risks iden7 tified under section 1421, including—

8 (1) security and redundancy for critical commu9 nications, computer, and train control systems essen10 tial for secure rail operations;

11 (2) accommodation of rail cargo or passenger

12 screening equipment at the United States-Mexico

13 border, the United States-Canada border, or other

14 ports of entry;

15 (3) the security of hazardous material transpor16 tation by rail;

17 (4) secure intercity passenger rail stations,

18 trains, and infrastructure;

19 (5) structural modification or replacement of

20 rail cars transporting high hazard materials to im21 prove their resistance to acts of terrorism;

22 (6) employee security awareness, preparedness,

23 passenger evacuation, and emergency response train24 ing;
†

299

S 4 ES

1 (7) public security awareness campaigns for

2 passenger train operations;

3 (8) the sharing of intelligence and information

4 about security threats;

5 (9) to obtain train tracking and interoperable

6 communications systems that are coordinated to the

7 maximum extent possible;

8 (10) to hire additional police and security offi9 cers, including canine units; and

10 (11) other improvements recommended by the

11 report required by section 1421, including infra12 structure, facilities, and equipment upgrades.

13 (b) ACCOUNTABILITY.—The Secretary shall adopt

14 necessary procedures, including audits, to ensure that

15 grants made under this section are expended in accord16 ance with the purposes of this title and the priorities and

17 other criteria developed by the Secretary.

18 (c) ALLOCATION.—The Secretary shall distribute the

19 funds authorized by this section based on risk as deter20 mined under section 1421, and shall encourage non-Fed21 eral financial participation in projects funded by grants

22 awarded under this section. With respect to grants for

23 intercity passenger rail security, the Secretary shall also

24 take into account passenger volume and whether stations

25 or facilities are used by commuter rail passengers as well
†

300

S 4 ES

1 as intercity rail passengers. Not later than 240 days after

2 the date of enactment of this Act, the Secretary shall pro3 vide a report to the Committees on Commerce, Science

4 and Transportation and Homeland Security and Govern5 mental Affairs in the Senate and the Committee on Home6 land Security in the House on the feasibility and appro7 priateness of requiring a non-federal match for the grants

8 authorized in subsection (a).

9 (d) CONDITIONS.—Grants awarded by the Secretary

10 to Amtrak under subsection (a) shall be disbursed to Am11 trak through the Secretary of Transportation. The Sec12 retary of Transportation may not disburse such funds un13 less Amtrak meets the conditions set forth in section

14 1422(b) of this title.

15 (e) ALLOCATION BETWEEN RAILROADS AND OTH16 ERS.—Unless as a result of the assessment required by

17 section 1421 the Secretary determines that critical rail

18 transportation security needs require reimbursement in

19 greater amounts to any eligible entity, no grants under

20 this section may be made cumulatively over the period au21 thorized by this title—

22 (1) in excess of $45,000,000 to Amtrak; or

23 (2) in excess of $80,000,000 for the purposes

24 described in paragraphs (3) and (5) of subsection

25 (a).
†

301

S 4 ES

1 (f) AUTHORIZATION OF APPROPRIATIONS.—

2 (1) IN GENERAL.—Out of funds appropriated

3 pursuant to section 114(w) of title 49, United States

4 Code, as amended by section 1437 of this title, there

5 shall be made available to the Secretary to carry out

6 this section—

7 (A) $100,000,000 for fiscal year 2008;

8 (B) $100,000,000 for fiscal year 2009; and

9 (C) $100,000,000 for fiscal year 2010.

10 (2) AVAILABILITY OF APPROPRIATED FUNDS.—

11 Amounts appropriated pursuant to paragraph (1)

12 shall remain available until expended.

13 SEC. 1425. RAIL SECURITY RESEARCH AND DEVELOPMENT.

14 (a) ESTABLISHMENT OF RESEARCH AND DEVELOP15 MENT PROGRAM.—The Secretary, through the Under Sec16 retary for Science and Technology and the Assistant Sec17 retary of Homeland Security (Transportation Security Ad18 ministration), in consultation with the Secretary of Trans19 portation shall carry out a research and development pro20 gram for the purpose of improving freight and intercity

21 passenger rail security that may include research and de22 velopment projects to—

23 (1) reduce the risk of terrorist attacks on rail

24 transportation, including risks posed by explosives

25 and hazardous chemical, biological, and radioactive
†

302

S 4 ES

1 substances to intercity rail passengers, facilities, and

2 equipment;

3 (2) test new emergency response techniques and

4 technologies;

5 (3) develop improved freight rail security tech6 nologies, including—

7 (A) technologies for sealing rail cars;

8 (B) automatic inspection of rail cars;

9 (C) communication-based train controls;

10 and

11 (D) emergency response training;

12 (4) test wayside detectors that can detect tam13 pering with railroad equipment;

14 (5) support enhanced security for the transpor15 tation of hazardous materials by rail, including—

16 (A) technologies to detect a breach in a

17 tank car or other rail car used to transport haz18 ardous materials and transmit information

19 about the integrity of cars to the train crew or

20 dispatcher;

21 (B) research to improve tank car integrity,

22 with a focus on tank cars that carry high haz23 ard materials (as defined in section 1411 of this

24 title); and
†

303

S 4 ES

1 (C) techniques to transfer hazardous mate2 rials from rail cars that are damaged or other3 wise represent an unreasonable risk to human

4 life or public safety; and

5 (6) other projects that address risks identified

6 under section 1421.

7 (b) COORDINATION WITH OTHER RESEARCH INITIA8 TIVES.—The Secretary shall ensure that the research and

9 development program authorized by this section is coordi10 nated with other research and development initiatives at

11 the Department of Homeland Security and the Depart12 ment of Transportation. The Secretary shall carry out any

13 research and development project authorized by this sec14 tion through a reimbursable agreement with the Secretary

15 of Transportation, if the Secretary of Transportation—

16 (1) is already sponsoring a research and devel17 opment project in a similar area; or

18 (2) has a unique facility or capability that

19 would be useful in carrying out the project.

20 (c) GRANTS AND ACCOUNTABILITY.—To carry out

21 the research and development program, the Secretary may

22 award grants to the entities described in section 1424(a)

23 and shall adopt necessary procedures, including audits, to

24 ensure that grants made under this section are expended
†

304

S 4 ES

1 in accordance with the purposes of this title and the prior2 ities and other criteria developed by the Secretary.

3 (d) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) IN GENERAL.—Out of funds appropriated

5 pursuant to section 114(w) of title 49, United States

6 Code, as amended by section 1437 of this title, there

7 shall be made available to the Secretary to carry out

8 this section—

9 (A) $33,000,000 for fiscal year 2008;

10 (B) $33,000,000 for fiscal year 2009; and

11 (C) $33,000,000 for fiscal year 2010.

12 (2) AVAILABILITY OF APPROPRIATED FUNDS.—

13 Amounts appropriated pursuant to paragraph (1)

14 shall remain available until expended.

15 SEC. 1426. OVERSIGHT AND GRANT PROCEDURES.

16 (a) SECRETARIAL OVERSIGHT.—The Secretary may

17 award contracts to audit and review the safety, security,

18 procurement, management, and financial compliance of a

19 recipient of amounts under this title.

20 (b) PROCEDURES FOR GRANT AWARD.—The Sec21 retary shall, within 180 days after the date of enactment

22 of this Act, prescribe procedures and schedules for the

23 awarding of grants under this title, including application

24 and qualification procedures (including a requirement that

25 the applicant have a security plan), and a record of deci-
†

305

S 4 ES

1 sion on applicant eligibility. The procedures shall include

2 the execution of a grant agreement between the grant re3 cipient and the Secretary and shall be consistent, to the

4 extent practicable, with the grant procedures established

5 under section 70107 of title 46, United States Code.

6 (c) ADDITIONAL AUTHORITY.—The Secretary may

7 issue nonbinding letters under similar terms to those

8 issued pursuant to section 47110(e) of title 49, United

9 States Code, to sponsors of rail projects funded under this

10 title.

11 SEC. 1427. AMTRAK PLAN TO ASSIST FAMILIES OF PAS12 SENGERS INVOLVED IN RAIL PASSENGER AC13 CIDENTS.

14 (a) IN GENERAL.—Chapter 243 of title 49, United

15 States Code, is amended by adding at the end the fol16 lowing:

17 ‘‘§ 24316. Plans to address needs of families of pas18 sengers involved in rail passenger acci19 dents

20 ‘‘(a) SUBMISSION OF PLAN.—Not later than 6

21 months after the date of the enactment of the Transpor22 tation Security and Interoperable Communication Capa23 bilities Act, Amtrak shall submit to the Chairman of the

24 National Transportation Safety Board, the Secretary of

25 Transportation, and the Secretary of Homeland Security
†

306

S 4 ES

1 a plan for addressing the needs of the families of pas2 sengers involved in any rail passenger accident involving

3 an Amtrak intercity train and resulting in a loss of life.

4 ‘‘(b) CONTENTS OF PLANS.—The plan to be sub5 mitted by Amtrak under subsection (a) shall include, at

6 a minimum, the following:

7 ‘‘(1) A process by which Amtrak will maintain

8 and provide to the National Transportation Safety

9 Board, the Secretary of Transportation, and the

10 Secretary of Homeland Security, immediately upon

11 request, a list (which is based on the best available

12 information at the time of the request) of the names

13 of the passengers aboard the train (whether or not

14 such names have been verified), and will periodically

15 update the list. The plan shall include a procedure,

16 with respect to unreserved trains and passengers not

17 holding reservations on other trains, for Amtrak to

18 use reasonable efforts to ascertain the number and

19 names of passengers aboard a train involved in an

20 accident.

21 ‘‘(2) A plan for creating and publicizing a reli22 able, toll-free telephone number within 4 hours after

23 such an accident occurs, and for providing staff, to

24 handle calls from the families of the passengers.
†

307

S 4 ES

1 ‘‘(3) A process for notifying the families of the

2 passengers, before providing any public notice of the

3 names of the passengers, by suitably trained individ4 uals.

5 ‘‘(4) A process for providing the notice de6 scribed in paragraph (2) to the family of a pas7 senger as soon as Amtrak has verified that the pas8 senger was aboard the train (whether or not the

9 names of all of the passengers have been verified).

10 ‘‘(5) A process by which the family of each pas11 senger will be consulted about the disposition of all

12 remains and personal effects of the passenger within

13 Amtrak’s control; that any possession of the pas14 senger within Amtrak’s control will be returned to

15 the family unless the possession is needed for the ac16 cident investigation or any criminal investigation;

17 and that any unclaimed possession of a passenger

18 within Amtrak’s control will be retained by the rail

19 passenger carrier for at least 18 months.

20 ‘‘(6) A process by which the treatment of the

21 families of nonrevenue passengers will be the same

22 as the treatment of the families of revenue pas23 sengers.

24 ‘‘(7) An assurance that Amtrak will provide

25 adequate training to its employees and agents to
†

308

S 4 ES

1 meet the needs of survivors and family members fol2 lowing an accident.

3 ‘‘(c) USE OF INFORMATION.—Neither the National

4 Transportation Safety Board, the Secretary of Transpor5 tation, the Secretary of Homeland Security, nor Amtrak

6 may release any personal information on a list obtained

7 under subsection (b)(1) but may provide information on

8 the list about a passenger to the family of the passenger

9 to the extent that the Board or Amtrak considers appro10 priate.

11 ‘‘(d) LIMITATION ON LIABILITY.—Amtrak shall not

12 be liable for damages in any action brought in a Federal

13 or State court arising out of the performance of Amtrak

14 under this section in preparing or providing a passenger

15 list, or in providing information concerning a train res16 ervation, pursuant to a plan submitted by Amtrak under

17 subsection (b), unless such liability was caused by Am18 trak’s conduct.

19 ‘‘(e) LIMITATION ON STATUTORY CONSTRUCTION.—

20 Nothing in this section may be construed as limiting the

21 actions that Amtrak may take, or the obligations that Am22 trak may have, in providing assistance to the families of

23 passengers involved in a rail passenger accident.

24 ‘‘(f) FUNDING.—Out of funds appropriated pursuant

25 to section 1437(b) of the Transportation Security and
†

309

S 4 ES

1 Interoperable Communication Capabilities Act, there shall

2 be made available to the Secretary of Transportation for

3 the use of Amtrak $500,000 for fiscal year 2008 to carry

4 out this section. Amounts made available pursuant to this

5 subsection shall remain available until expended.’’.

6 (b) CONFORMING AMENDMENT.—The chapter anal7 ysis for chapter 243 of title 49, United States Code, is

8 amended by adding at the end the following:

‘‘24316. Plan to assist families of passengers involved in rail passenger accidents’’.

9 SEC. 1428. NORTHERN BORDER RAIL PASSENGER REPORT.

10 Within 1 year after the date of enactment of this Act,

11 the Secretary, in consultation with the Assistant Secretary

12 of Homeland Security (Transportation Security Adminis13 tration), the Secretary of Transportation, heads of other

14 appropriate Federal departments, and agencies and the

15 National Railroad Passenger Corporation, shall transmit

16 a report to the Senate Committee on Commerce, Science,

17 and Transportation, the House of Representatives Com18 mittee on Transportation and Infrastructure, and the

19 House of Representatives Committee on Homeland Secu20 rity that contains—

21 (1) a description of the current system for

22 screening passengers and baggage on passenger rail

23 service between the United States and Canada;
†

310

S 4 ES

1 (2) an assessment of the current program to

2 provide preclearance of airline passengers between

3 the United States and Canada as outlined in ‘‘The

4 Agreement on Air Transport Preclearance between

5 the Government of Canada and the Government of

6 the United States of America’’, dated January 18,

7 2001;

8 (3) an assessment of the current program to

9 provide preclearance of freight railroad traffic be10 tween the United States and Canada as outlined in

11 the ‘‘Declaration of Principle for the Improved Secu12 rity of Rail Shipments by Canadian National Rail13 way and Canadian Pacific Railway from Canada to

14 the United States’’, dated April 2, 2003;

15 (4) information on progress by the Department

16 of Homeland Security and other Federal agencies to17 wards finalizing a bilateral protocol with Canada

18 that would provide for preclearance of passengers on

19 trains operating between the United States and Can20 ada;

21 (5) a description of legislative, regulatory,

22 budgetary, or policy barriers within the United

23 States Government to providing pre-screened pas24 senger lists for rail passengers traveling between the
†

311

S 4 ES

1 United States and Canada to the Department of

2 Homeland Security;

3 (6) a description of the position of the Govern4 ment of Canada and relevant Canadian agencies

5 with respect to preclearance of such passengers;

6 (7) a draft of any changes in existing Federal

7 law necessary to provide for pre-screening of such

8 passengers and providing pre-screened passenger

9 lists to the Department of Homeland Security; and

10 (8) an analysis of the feasibility of reinstating

11 in-transit inspections onboard international Amtrak

12 trains.

13 SEC. 1429. RAIL WORKER SECURITY TRAINING PROGRAM.

14 (a) IN GENERAL.—Not later than 1 year after the

15 date of enactment of this Act, the Secretary, in consulta16 tion with the Secretary of Transportation, appropriate law

17 enforcement, security, and terrorism experts, representa18 tives of railroad carriers and shippers, and nonprofit em19 ployee organizations that represent rail workers, shall de20 velop and issue detailed guidance for a rail worker security

21 training program to prepare front-line workers for poten22 tial threat conditions. The guidance shall take into consid23 eration any current security training requirements or best

24 practices.
†

312

S 4 ES

1 (b) PROGRAM ELEMENTS.—The guidance developed

2 under subsection (a) shall include elements appropriate to

3 passenger and freight rail service that address the fol4 lowing:

5 (1) Determination of the seriousness of any oc6 currence.

7 (2) Crew communication and coordination.

8 (3) Appropriate responses to defend or protect

9 oneself.

10 (4) Use of protective devices.

11 (5) Evacuation procedures.

12 (6) Psychology, behavior, and methods of ter13 rorists, including observation and analysis.

14 (7) Situational training exercises regarding var15 ious threat conditions.

16 (8) Any other subject the Secretary considers

17 appropriate.

18 (c) RAILROAD CARRIER PROGRAMS.—Not later than

19 90 days after the Secretary issues guidance under sub20 section (a) in final form, each railroad carrier shall develop

21 a rail worker security training program in accordance with

22 that guidance and submit it to the Secretary for review.

23 Not later than 90 days after receiving a railroad carrier’s

24 program under this subsection, the Secretary shall review

25 the program and transmit comments to the railroad car-
†

313

S 4 ES

1 rier concerning any revisions the Secretary considers nec2 essary for the program to meet the guidance requirements.

3 A railroad carrier shall respond to the Secretary’s com4 ments within 90 days after receiving them.

5 (d) TRAINING.—Not later than 1 year after the Sec6 retary reviews the training program developed by a rail7 road carrier under this section, the railroad carrier shall

8 complete the training of all front-line workers in accord9 ance with that program. The Secretary shall review imple10 mentation of the training program of a representative

11 sample of railroad carriers and report to the Senate Com12 mittee on Commerce, Science, and Transportation, the

13 House of Representatives Committee on Transportation

14 and Infrastructure, and the House of Representatives

15 Committee on Homeland Security on the number of re16 views conducted and the results. The Secretary may sub17 mit the report in both classified and redacted formats as

18 necessary.

19 (e) UPDATES.—The Secretary shall update the train20 ing guidance issued under subsection (a) as appropriate

21 to reflect new or different security threats. Railroad car22 riers shall revise their programs accordingly and provide

23 additional training to their front-line workers within a rea24 sonable time after the guidance is updated.
†

314

S 4 ES

1 (f) FRONT-LINE WORKERS DEFINED.—In this sec2 tion, the term ‘‘front-line workers’’ means security per3 sonnel, dispatchers, locomotive engineers, conductors,

4 trainmen, other onboard employees, maintenance and

5 maintenance support personnel, bridge tenders, as well as

6 other appropriate employees of railroad carriers, as de7 fined by the Secretary.

8 (g) OTHER EMPLOYEES.—The Secretary shall issue

9 guidance and best practices for a rail shipper employee

10 security program containing the elements listed under sub11 section (b) as appropriate.

12 SEC. 1430. WHISTLEBLOWER PROTECTION PROGRAM.

13 (a) IN GENERAL.—Subchapter A of chapter 201 of

14 title 49, United States Code, is amended by inserting after

15 section 20117 the following:

16 ‘‘§ 20118. Whistleblower protection for rail Security

17 matters

18 ‘‘(a) DISCRIMINATION AGAINST EMPLOYEE.—A rail19 road carrier engaged in interstate or foreign commerce

20 may not discharge or in any way discriminate against an

21 employee because the employee, whether acting for the

22 employee or as a representative, has—

23 ‘‘(1) provided, caused to be provided, or is

24 about to provide or cause to be provided, to the em25 ployer or the Federal Government information relat-
†

315

S 4 ES

1 ing to a reasonably perceived threat, in good faith,

2 to security;

3 ‘‘(2) provided, caused to be provided, or is

4 about to provide or cause to be provided, testimony

5 before Congress or at any Federal or State pro6 ceeding regarding a reasonably perceived threat, in

7 good faith, to security; or

8 ‘‘(3) refused to violate or assist in the violation

9 of any law, rule or regulation related to rail security.

10 ‘‘(b) DISPUTE RESOLUTION.—A dispute, grievance,

11 or claim arising under this section is subject to resolution

12 under section 3 of the Railway Labor Act (45 U.S.C. 153).

13 In a proceeding by the National Railroad Adjustment

14 Board, a division or delegate of the Board, or another

15 board of adjustment established under section 3 to resolve

16 the dispute, grievance, or claim the proceeding shall be

17 expedited and the dispute, grievance, or claim shall be re18 solved not later than 180 days after it is filed. If the viola19 tion is a form of discrimination that does not involve dis20 charge, suspension, or another action affecting pay, and

21 no other remedy is available under this subsection, the

22 Board, division, delegate, or other board of adjustment

23 may award the employee reasonable damages, including

24 punitive damages, of not more than $20,000.
†

316

S 4 ES

1 ‘‘(c) PROCEDURAL REQUIREMENTS.—Except as pro2 vided in subsection (b), the procedure set forth in section

3 42121(b)(2)(B) of this subtitle, including the burdens of

4 proof, applies to any complaint brought under this section.

5 ‘‘(d) ELECTION OF REMEDIES.—An employee of a

6 railroad carrier may not seek protection under both this

7 section and another provision of law for the same allegedly

8 unlawful act of the carrier.

9 ‘‘(e) DISCLOSURE OF IDENTITY.—

10 ‘‘(1) Except as provided in paragraph (2) of

11 this subsection, or with the written consent of the

12 employee, the Secretary of Transportation or Sec13 retary of Homeland Security may not disclose the

14 name of an employee of a railroad carrier who has

15 provided information about an alleged violation of

16 this section.

17 ‘‘(2) The Secretary shall disclose to the Attor18 ney General the name of an employee described in

19 paragraph (1) of this subsection if the matter is re20 ferred to the Attorney General for enforcement.

21 ‘‘(f) PROCESS FOR REPORTING PROBLEMS.—

22 ‘‘(1) ESTABLISHMENT OF REPORTING PROC23 ESS.—The Secretary shall establish, and provide in24 formation to the public regarding, a process by

25 which any person may submit a report to the Sec-
†

317

S 4 ES

1 retary regarding railroad security problems, defi2 ciencies, or vulnerabilities.

3 ‘‘(2) CONFIDENTIALITY.—The Secretary shall

4 keep confidential the identity of a person who sub5 mits a report under paragraph (1) and any such re6 port shall be treated as a record containing pro7 tected information to the extent that it does not con8 sist of publicly available information.

9 ‘‘(3) ACKNOWLEDGMENT OF RECEIPT.—If a re10 port submitted under paragraph (1) identifies the

11 person making the report, the Secretary shall re12 spond promptly to such person and acknowledge re13 ceipt of the report.

14 ‘‘(4) STEPS TO ADDRESS PROBLEMS.—The Sec15 retary shall review and consider the information pro16 vided in any report submitted under paragraph (1)

17 and shall take appropriate steps under this title to

18 address any problems or deficiencies identified.

19 ‘‘(5) RETALIATION PROHIBITED.—No employer

20 may discharge any employee or otherwise discrimi21 nate against any employee with respect to the com22 pensation to, or terms, conditions, or privileges of

23 the employment of, such employee because the em24 ployee (or a person acting pursuant to a request of

25 the employee) made a report under paragraph (1).’’.
†

318

S 4 ES

1 (b) CONFORMING AMENDMENT.—The chapter anal2 ysis for chapter 201 of title 49, United States Code, is

3 amended by inserting after the item relating to section

4 20117 the following:

‘‘20118. Whistleblower protection for rail security matters’’.

5 SEC. 1431. HIGH HAZARD MATERIAL SECURITY RISK MITI6 GATION PLANS.

7 (a) IN GENERAL.—The Secretary, in consultation

8 with the Assistant Secretary of Homeland Security

9 (Transportation Security Administration) and the Sec10 retary of Transportation, shall require rail carriers trans11 porting a high hazard material, as defined in section 1411

12 of this title, to develop a high hazard material security

13 risk mitigation plan containing appropriate measures, in14 cluding alternative routing and temporary shipment sus15 pension options, to address assessed risks to high con16 sequence targets. The plan, and any information sub17 mitted to the Secretary under this section shall be pro18 tected as sensitive security information under the regula19 tions prescribed under section 114(s) of title 49, United

20 States Code.

21 (b) IMPLEMENTATION.—A high hazard material se22 curity risk mitigation plan shall be put into effect by a

23 rail carrier for the shipment of high hazardous materials

24 by rail on the rail carrier’s right-of-way when the threat

25 levels of the Homeland Security Advisory System are high
†

319

S 4 ES

1 or severe or specific intelligence of probable or imminent

2 threat exists towards—

3 (1) a high-consequence target that is within the

4 catastrophic impact zone of a railroad right-of-way

5 used to transport high hazardous material; or

6 (2) rail infrastructure or operations within the

7 immediate vicinity of a high-consequence target.

8 (c) COMPLETION AND REVIEW OF PLANS.—

9 (1) PLANS REQUIRED.—Each rail carrier

10 shall—

11 (A) submit a list of routes used to trans12 port high hazard materials to the Secretary

13 within 60 days after the date of enactment of

14 this Act;

15 (B) develop and submit a high hazard ma16 terial security risk mitigation plan to the Sec17 retary within 180 days after it receives the no18 tice of high consequence targets on such routes

19 by the Secretary that includes an operational

20 recovery plan to expedite, to the maximum ex21 tent practicable, the return of an adversely af22 fected rail system or facility to its normal per23 formance level following a major terrorist at24 tack or other security incident; and
†

320

S 4 ES

1 (C) submit any subsequent revisions to the

2 plan to the Secretary within 30 days after mak3 ing the revisions.

4 (2) REVIEW AND UPDATES.—The Secretary,

5 with assistance of the Secretary of Transportation,

6 shall review the plans and transmit comments to the

7 railroad carrier concerning any revisions the Sec8 retary considers necessary. A railroad carrier shall

9 respond to the Secretary’s comments within 30 days

10 after receiving them. Each rail carrier shall update

11 and resubmit its plan for review not less than every

12 2 years.

13 (d) DEFINITIONS.—In this section:

14 (1) The term ‘‘high-consequence target’’ means

15 property, infrastructure, public space, or natural re16 source designated by the Secretary that is a viable

17 terrorist target of national significance, the attack of

18 which could result in—

19 (A) catastrophic loss of life;

20 (B) significant damage to national security

21 or defense capabilities; or

22 (C) national economic harm.

23 (2) The term ‘‘catastrophic impact zone’’ means

24 the area immediately adjacent to, under, or above an

25 active railroad right-of-way used to ship high hazard
†

321

S 4 ES

1 materials in which the potential release or explosion

2 of the high hazard material being transported would

3 likely cause—

4 (A) loss of life; or

5 (B) significant damage to property or

6 structures.

7 (3) The term ‘‘rail carrier’’ has the meaning

8 given that term by section 10102(5) of title 49,

9 United States Code.

10 SEC. 1432. ENFORCEMENT AUTHORITY.

11 (a) IN GENERAL.—Section 114 of title 49, United

12 States Code, as amended by section 902(a) of this title,

13 is further amended by adding at the end the following:

14 ‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS

15 OF THE SECRETARY OF HOMELAND SECURITY ISSUED

16 UNDER THIS TITLE.—

17 ‘‘(1) APPLICATION OF SUBSECTION.—

18 ‘‘(A) IN GENERAL.—This subsection ap19 plies to the enforcement of regulations pre20 scribed, and orders issued, by the Secretary of

21 Homeland Security under a provision of this

22 title other than a provision of chapter 449.

23 ‘‘(B) VIOLATIONS OF CHAPTER 449.—The

24 penalties for violations of regulations pre25 scribed, and orders issued, by the Secretary of
†

322

S 4 ES

1 Homeland Security under chapter 449 of this

2 title are provided under chapter 463 of this

3 title.

4 ‘‘(C) NONAPPLICATION TO CERTAIN VIOLA5 TIONS.—

6 ‘‘(i) Paragraphs (2) through (5) of

7 this subsection do not apply to violations of

8 regulations prescribed, and orders issued,

9 by the Secretary of Homeland Security

10 under a provision of this title—

11 ‘‘(I) involving the transportation

12 of personnel or shipments of materials

13 by contractors where the Department

14 of Defense has assumed control and

15 responsibility;

16 ‘‘(II) by a member of the armed

17 forces of the United States when per18 forming official duties; or

19 ‘‘(III) by a civilian employee of

20 the Department of Defense when per21 forming official duties.

22 ‘‘(ii) Violations described in subclause

23 (I), (II), or (III) of clause (i) shall be sub24 ject to penalties as determined by the Sec-
†

323

S 4 ES

1 retary of Defense or the Secretary’s des2 ignee.

3 ‘‘(2) CIVIL PENALTY.—

4 ‘‘(A) IN GENERAL.—A person is liable to

5 the United States Government for a civil pen6 alty of not more than $10,000 for a violation of

7 a regulation prescribed, or order issued, by the

8 Secretary of Homeland Security under this

9 title.

10 ‘‘(B) REPEAT VIOLATIONS.—A separate

11 violation occurs under this paragraph for each

12 day the violation continues.

13 ‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL

14 PENALTIES.—

15 ‘‘(A) IN GENERAL.—The Secretary of

16 Homeland Security may impose a civil penalty

17 for a violation of a regulation prescribed, or

18 order issued, under this title. The Secretary

19 shall give written notice of the finding of a vio20 lation and the penalty.

21 ‘‘(B) SCOPE OF CIVIL ACTION.—In a civil

22 action to collect a civil penalty imposed by the

23 Secretary under this subsection, the court may

24 not re-examine issues of liability or the amount

25 of the penalty.
†

324

S 4 ES

1 ‘‘(C) JURISDICTION.—The district courts

2 of the United States have exclusive jurisdiction

3 of civil actions to collect a civil penalty imposed

4 by the Secretary under this subsection if—

5 ‘‘(i) the amount in controversy is

6 more than—

7 ‘‘(I) $400,000, if the violation

8 was committed by a person other than

9 an individual or small business con10 cern; or

11 ‘‘(II) $50,000, if the violation

12 was committed by an individual or

13 small business concern;

14 ‘‘(ii) the action is in rem or another

15 action in rem based on the same violation

16 has been brought; or

17 ‘‘(iii) another action has been brought

18 for an injunction based on the same viola19 tion.

20 ‘‘(D) MAXIMUM PENALTY.—The maximum

21 penalty the Secretary may impose under this

22 paragraph is—

23 ‘‘(i) $400,000, if the violation was

24 committed by a person other than an indi25 vidual or small business concern; or
†

325

S 4 ES

1 ‘‘(ii) $50,000, if the violation was

2 committed by an individual or small busi3 ness concern.

4 ‘‘(4) COMPROMISE AND SETOFF.—

5 ‘‘(A) The Secretary may compromise the

6 amount of a civil penalty imposed under this

7 subsection. If the Secretary compromises the

8 amount of a civil penalty under this subpara9 graph, the Secretary shall—

10 ‘‘(i) notify the Senate Committee on

11 Commerce, Science, and Transportation

12 and the House of Representatives Com13 mittee on Homeland Security of the com14 promised penalty and explain the rationale

15 therefor; and

16 ‘‘(ii) make the explanation available to

17 the public to the extent feasible without

18 compromising security.

19 ‘‘(B) The Government may deduct the

20 amount of a civil penalty imposed or com21 promised under this subsection from amounts it

22 owes the person liable for the penalty.

23 ‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—

24 Chapter 461 of this title shall apply to investigations

25 and proceedings brought under this subsection to
†

326

S 4 ES

1 the same extent that it applies to investigations and

2 proceedings brought with respect to aviation security

3 duties designated to be carried out by the Secretary.

4 ‘‘(6) DEFINITIONS.—In this subsection:

5 ‘‘(A) PERSON.—The term ‘person’ does

6 not include—

7 ‘‘(i) the United States Postal Service;

8 or

9 ‘‘(ii) the Department of Defense.

10 ‘‘(B) SMALL BUSINESS CONCERN.—The

11 term ‘small business concern’ has the meaning

12 given that term in section 3 of the Small Busi13 ness Act (15 U.S.C. 632).’’.

14 (b) CONFORMING AMENDMENT.—Section

15 46301(a)(4) of title 49, United States Code is amended

16 by striking ‘‘or another requirement under this title ad17 ministered by the Under Secretary of Transportation for

18 Security’’.

19 (c) RAIL SAFETY REGULATIONS.—Section 20103(a)

20 of title 49, United States Code, is amended by striking

21 ‘‘safety’’ the first place it appears, and inserting ‘‘safety,

22 including security,’’.

23 SEC. 1433. RAIL SECURITY ENHANCEMENTS.

24 (a) RAIL POLICE OFFICERS.—Section 28101 of title

25 49, United States Code, is amended—
†

327

S 4 ES

1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

2 ‘‘Under’’; and

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

4 ‘‘(b) ASSIGNMENT.—A rail police officer employed by

5 a rail carrier and certified or commissioned as a police

6 officer under the laws of a State may be temporarily as7 signed to assist a second rail carrier in carrying out law

8 enforcement duties upon the request of the second rail car9 rier, at which time the police officer shall be considered

10 to be an employee of the second rail carrier and shall have

11 authority to enforce the laws of any jurisdiction in which

12 the second rail carrier owns property to the same extent

13 as provided in subsection (a).’’.

14 (b) MODEL STATE LEGISLATION.—By no later than

15 September 7, 2007, the Secretary of Transportation shall

16 develop model State legislation to address the problem of

17 entities that claim to be rail carriers in order to establish

18 and run a police force when the entities do not in fact

19 provide rail transportation and shall make it available to

20 State governments. In developing the model State legisla21 tion the Secretary shall solicit the input of the States, rail22 roads companies, and railroad employees. The Secretary

23 shall review and, if necessary, revise such model State leg24 islation periodically.
†

328

S 4 ES

1 SEC. 1434. PUBLIC AWARENESS.

2 Not later than 90 days after the date of enactment

3 of this Act, the Secretary, in consultation with the Sec4 retary of Transportation, shall develop a national plan for

5 public outreach and awareness. Such plan shall be de6 signed to increase awareness of measures that the general

7 public, railroad passengers, and railroad employees can

8 take to increase railroad system security. Such plan shall

9 also provide outreach to railroad carriers and their em10 ployees to improve their awareness of available tech11 nologies, ongoing research and development efforts, and

12 available Federal funding sources to improve railroad se13 curity. Not later than 9 months after the date of enact14 ment of this Act, the Secretary shall implement the plan

15 developed under this section.

16 SEC. 1435. RAILROAD HIGH HAZARD MATERIAL TRACKING.

17 (a) WIRELESS COMMUNICATIONS.—

18 (1) IN GENERAL.—In conjunction with the re19 search and development program established under

20 section 1425 and consistent with the results of re21 search relating to wireless tracking technologies, the

22 Secretary, in consultation with the Assistant Sec23 retary of Homeland Security (Transportation Secu24 rity Administration), shall develop a program that

25 will encourage the equipping of rail cars trans-
†

329

S 4 ES

1 porting high hazard materials (as defined in section

2 1411 of this title) with technology that provides—

3 (A) car position location and tracking ca4 pabilities; and

5 (B) notification of rail car depressuriza6 tion, breach, unsafe temperature, or release of

7 hazardous materials.

8 (2) COORDINATION.—In developing the pro9 gram required by paragraph (1), the Secretary

10 shall—

11 (A) consult with the Secretary of Trans12 portation to coordinate the program with any

13 ongoing or planned efforts for rail car tracking

14 at the Department of Transportation; and

15 (B) ensure that the program is consistent

16 with recommendations and findings of the De17 partment of Homeland Security’s hazardous

18 material tank rail car tracking pilot programs.

19 (b) FUNDING.—Out of funds appropriated pursuant

20 to section 114(w) of title 49, United States Code, as

21 amended by section 1437 of this title, there shall be made

22 available to the Secretary to carry out this section

23 $3,000,000 for each of fiscal years 2008, 2009, and 2010.
†

330

S 4 ES

1 SEC. 1436. UNIFIED CARRIER REGISTRATION SYSTEM PLAN

2 AGREEMENT.

3 (a) IN GENERAL.—Notwithstanding section 4305(a)

4 of the SAFETEA–LU Act (Public Law 109–59)—

5 (1) section 14504 of title 49, United States

6 Code, as that section was in effect on December 31,

7 2006, is re-enacted, effective as of January 1, 2007;

8 and

9 (2) no fee shall be collected pursuant to section

10 14504a of title 49, United States Code, until 30

11 days after the date, as determined by the Secretary

12 of Transportation, on which—

13 (A) the unified carrier registration system

14 plan and agreement required by that section

15 has been fully implemented; and

16 (B) the fees have been set by the Secretary

17 under subsection (d)(7)(B) of that section.

18 (b) REPEAL OF SECTION 14504.—Section 14504 of

19 title 49, United States Code, as re-enacted by this Act,

20 is repealed effective on the date on which fees may be col21 lected under section 14504a of title 49, United States

22 Code, pursuant to subsection (a)(2) of this section.

23 SEC. 1437. AUTHORIZATION OF APPROPRIATIONS.

24 (a) TRANSPORTATION SECURITY ADMINISTRATION

25 AUTHORIZATION.—Section 114 of title 49, United States
†

331

S 4 ES

1 Code, as amended by section 1432, is amended by adding

2 at the end thereof the following:

3 ‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated to the Secretary of

5 Homeland Security for rail security—

6 ‘‘(1) $205,000,000 for fiscal year 2008;

7 ‘‘(2) $166,000,000 for fiscal year 2009; and

8 ‘‘(3) $166,000,000 for fiscal year 2010.’’.

9 (b) DEPARTMENT OF TRANSPORTATION.—There are

10 authorized to be appropriated to the Secretary of Trans11 portation to carry out this title and sections 20118 and

12 24316 of title 49, United States Code, as added by this

13 title—

14 (1) $121,000,000 for fiscal year 2008;

15 (2) $118,000,000 for fiscal year 2009;

16 (3) $118,000,000 for fiscal year 2010; and

17 (4) $118,000,000 for fiscal year 2011.

18 SEC. 1438. APPLICABILITY OF DISTRICT OF COLUMBIA LAW

19 TO CERTAIN AMTRAK CONTRACTS.

20 Section 24301 of title 49, United States Code, is

21 amended by adding at the end the following:

22 ‘‘(o) APPLICABILITY OF DISTRICT OF COLUMBIA

23 LAW.—Any lease or contract entered into between the Na24 tional Railroad Passenger Corporation and the State of

25 Maryland, or any department or agency of the State of
†

332

S 4 ES

1 Maryland, after the date of the enactment of this sub2 section shall be governed by the laws of the District of

3 Columbia.’’.

4 PART II—IMPROVED MOTOR CARRIER, BUS, AND

5 HAZARDOUS MATERIAL SECURITY

6 SEC. 1441. HAZARDOUS MATERIALS HIGHWAY ROUTING.

7 (a) ROUTE PLAN GUIDANCE.—Within 1 year after

8 the date of enactment of this Act, the Secretary of Trans9 portation, in consultation with the Secretary, shall—

10 (1) document existing and proposed routes for

11 the transportation of radioactive and non-radioactive

12 hazardous materials by motor carrier, and develop a

13 framework for using a Geographic Information Sys14 tem-based approach to characterize routes in the

15 National Hazardous Materials Route Registry;

16 (2) assess and characterize existing and pro17 posed routes for the transportation of radioactive

18 and non-radioactive hazardous materials by motor

19 carrier for the purpose of identifying measurable cri20 teria for selecting routes based on safety and secu21 rity concerns;

22 (3) analyze current route-related hazardous ma23 terials regulations in the United States, Canada, and

24 Mexico to identify cross-border differences and con25 flicting regulations;
†

333

S 4 ES

1 (4) document the concerns of the public, motor

2 carriers, and State, local, territorial, and tribal gov3 ernments about the highway routing of hazardous

4 materials for the purpose of identifying and miti5 gating security risks associated with hazardous ma6 terial routes;

7 (5) prepare guidance materials for State offi8 cials to assist them in identifying and reducing both

9 safety concerns and security risks when designating

10 highway routes for hazardous materials consistent

11 with the 13 safety-based non-radioactive materials

12 routing criteria and radioactive materials routing

13 criteria in subpart C part 397 of title 49, Code of

14 Federal Regulations;

15 (6) develop a tool that will enable State officials

16 to examine potential routes for the highway trans17 portation of hazardous material and assess specific

18 security risks associated with each route and explore

19 alternative mitigation measures; and

20 (7) transmit to the Senate Committee on Com21 merce, Science, and Transportation, and the House

22 of Representatives Committee on Transportation

23 and Infrastructure a report on the actions taken to

24 fulfill paragraphs (1) through (6) of this subsection

25 and any recommended changes to the routing re-
†

334

S 4 ES

1 quirements for the highway transportation of haz2 ardous materials in part 397 of title 49, Code of

3 Federal Regulations.

4 (b) ROUTE PLANS.—

5 (1) ASSESSMENT.—Within 1 year after the date

6 of enactment of this Act, the Secretary of Transpor7 tation shall complete an assessment of the safety

8 and national security benefits achieved under exist9 ing requirements for route plans, in written or elec10 tronic format, for explosives and radioactive mate11 rials. The assessment shall, at a minimum—

12 (A) compare the percentage of Department

13 of Transportation recordable incidents and the

14 severity of such incidents for shipments of ex15 plosives and radioactive materials for which

16 such route plans are required with the percent17 age of recordable incidents and the severity of

18 such incidents for shipments of explosives and

19 radioactive materials not subject to such route

20 plans; and

21 (B) quantify the security and safety bene22 fits, feasibility, and costs of requiring each

23 motor carrier that is required to have a haz24 ardous material safety permit under part 385

25 of title 49, Code of Federal Regulations, to
†

335

S 4 ES

1 maintain, follow, and carry such a route plan

2 that meets the requirements of section 397.101

3 of that title when transporting the type and

4 quantity of hazardous materials described in

5 section 385.403 of that title, taking into ac6 count the various segments of the trucking in7 dustry, including tank truck, truckload and less

8 than truckload carriers.

9 (2) REPORT.—Within 1 year after the date of

10 enactment of this Act, the Secretary of Transpor11 tation shall submit a report to the Senate Com12 mittee on Commerce, Science, and Transportation,

13 and the House of Representatives Committee on

14 Transportation and Infrastructure containing the

15 findings and conclusions of the assessment.

16 (c) REQUIREMENT.—The Secretary shall require

17 motor carriers that have a hazardous material safety per18 mit under part 385 of title 49, Code of Federal Regula19 tions, to maintain, follow, and carry a route plan, in writ20 ten or electronic format, that meets the requirements of

21 section 397.101 of that title when transporting the type

22 and quantity of hazardous materials described in section

23 385.403 of that title if the Secretary determines, under

24 the assessment required in subsection (b), that such a re25 quirement would enhance the security and safety of the
†

336

S 4 ES

1 nation without imposing unreasonable costs or burdens

2 upon motor carriers.

3 SEC. 1442. MOTOR CARRIER HIGH HAZARD MATERIAL

4 TRACKING.

5 (a) COMMUNICATIONS.—

6 (1) IN GENERAL.—Consistent with the findings

7 of the Transportation Security Administration’s

8 Hazmat Truck Security Pilot Program and within 6

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

10 Secretary, through the Transportation Security Ad11 ministration and in consultation with the Secretary

12 of Transportation, shall develop a program to facili13 tate the tracking of motor carrier shipments of high

14 hazard materials, as defined in this title, and to

15 equip vehicles used in such shipments with tech16 nology that provides—

17 (A) frequent or continuous communica18 tions;

19 (B) vehicle position location and tracking

20 capabilities; and

21 (C) a feature that allows a driver of such

22 vehicles to broadcast an emergency message.

23 (2) CONSIDERATIONS.—In developing the pro24 gram required by paragraph (1), the Secretary

25 shall—
†

337

S 4 ES

1 (A) consult with the Secretary of Trans2 portation to coordinate the program with any

3 ongoing or planned efforts for motor carrier or

4 high hazardous materials tracking at the De5 partment of Transportation;

6 (B) take into consideration the rec7 ommendations and findings of the report on the

8 Hazardous Material Safety and Security Oper9 ation Field Test released by the Federal Motor

10 Carrier Safety Administration on November 11,

11 2004; and

12 (C) evaluate—

13 (i) any new information related to the

14 costs and benefits of deploying, equipping,

15 and utilizing tracking technology, including

16 portable tracking technology, for motor

17 carriers transporting high hazard materials

18 not included in the Hazardous Material

19 Safety and Security Operation Field Test

20 Report released by the Federal Motor Car21 rier Safety Administration on November

22 11, 2004;

23 (ii) the ability of tracking technology

24 to resist tampering and disabling;
†

338

S 4 ES

1 (iii) the capability of tracking tech2 nology to collect, display, and store infor3 mation regarding the movement of ship4 ments of high hazard materials by com5 mercial motor vehicles;

6 (iv) the appropriate range of contact

7 intervals between the tracking technology

8 and a commercial motor vehicle trans9 porting high hazard materials;

10 (v) technology that allows the installa11 tion by a motor carrier of concealed and

12 portable electronic devices on commercial

13 motor vehicles that can be activated by law

14 enforcement authorities to disable the vehi15 cle and alert emergency response resources

16 to locate and recover high hazard materials

17 in the event of loss or theft of such mate18 rials; and

19 (vi) whether installation of the tech20 nology described in clause (v) should be in21 corporated into the program under para22 graph (1);

23 (vii) the costs, benefits, and practi24 cality of such technology described in

25 clause (v) in the context of the overall ben-
†

339

S 4 ES

1 efit to national security, including com2 merce in transportation; and

3 (viii) other systems the Secretary de4 termines appropriate.

5 (b) REGULATIONS.—Not later than 1 year after the

6 date of the enactment of this Act, the Secretary, through

7 the Transportation Security Administration, shall promul8 gate regulations to carry out the provisions of subsection

9 (a).

10 (c) FUNDING.—There are authorized to be appro11 priated to the Secretary to carry out this section,

12 $7,000,000 for each of fiscal years 2008, 2009, and 2010,

13 of which—

14 (1) $3,000,000 per year may be used for equip15 ment; and

16 (2) $1,000,000 per year may be used for oper17 ations.

18 (d) REPORT.—Within 1 year after the issuance of

19 regulations under subsection (b), the Secretary shall issue

20 a report to the Senate Committee on Commerce, Science,

21 and Transportation, the Senate Committee on Homeland

22 Security and Governmental Affairs and the House Com23 mittee on Homeland Security on the program developed

24 and evaluation carried out under this section.
†

340

S 4 ES

1 (e) LIMITATION.—The Secretary may not mandate

2 the installation or utilization of the technology described

3 under (a)(2)(C)(v) without additional congressional action

4 on that matter.

5 SEC. 1443. MEMORANDUM OF AGREEMENT.

6 Similar to the other security annexes between the 2

7 departments, within 1 year after the date of enactment

8 of this Act, the Secretary of Transportation and the Sec9 retary shall execute and develop an annex to the memo10 randum of agreement between the 2 departments signed

11 on September 28, 2004, governing the specific roles, delin12 eations of responsibilities, resources and commitments of

13 the Department of Transportation and the Department of

14 Homeland Security, respectively, in addressing motor car15 rier transportation security matters, including the proc16 esses the departments will follow to promote communica17 tions, efficiency, and nonduplication of effort.

18 SEC. 1444. HAZARDOUS MATERIALS SECURITY INSPEC19 TIONS AND ENFORCEMENT.

20 (a) IN GENERAL.—The Secretary shall establish a

21 program within the Transportation Security Administra22 tion, in consultation with the Secretary of Transportation,

23 for reviewing hazardous materials security plans required

24 under part 172, title 49, Code of Federal Regulations,

25 within 180 days after the date of enactment of this Act.
†

341

S 4 ES

1 In establishing the program, the Secretary shall ensure

2 that—

3 (1) the program does not subject carriers to un4 necessarily duplicative reviews of their security plans

5 by the 2 departments; and

6 (2) a common set of standards is used to review

7 the security plans.

8 (b) CIVIL PENALTY.—The failure, by an offerer, car9 rier, or other person subject to part 172 of title 49, Code

10 of Federal Regulations, to comply with any applicable sec11 tion of that part within 180 days after being notified by

12 the Secretary of such failure to comply, is punishable by

13 a civil penalty imposed by the Secretary under title 49,

14 United States Code. For purposes of this subsection, each

15 day of noncompliance after the 181st day following the

16 date on which the offerer, carrier, or other person received

17 notice of the failure shall constitute a separate failure.

18 (c) COMPLIANCE REVIEW.—In reviewing the compli19 ance of hazardous materials offerers, carriers, or other

20 persons subject to part 172 of title 49, Code of Federal

21 Regulations, with the provisions of that part, the Sec22 retary shall utilize risk assessment methodologies to

23 prioritize review and enforcement actions of the highest

24 risk hazardous materials transportation operations.
†

342

S 4 ES

1 (d) TRANSPORTATION COSTS STUDY.—Within 1 year

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

3 Transportation, in conjunction with the Secretary, shall

4 study to what extent the insurance, security, and safety

5 costs borne by railroad carriers, motor carriers, pipeline

6 carriers, air carriers, and maritime carriers associated

7 with the transportation of hazardous materials are re8 flected in the rates paid by offerers of such commodities

9 as compared to the costs and rates respectively for the

10 transportation of non-hazardous materials.

11 (e) FUNDING.—There are authorized to be appro12 priated to the Secretary to carry out this section—

13 (1) $2,000,000 for fiscal year 2008;

14 (2) $2,000,000 for fiscal year 2009; and

15 (3) $2,000,000 for fiscal year 2010.

16 SEC. 1445. TRUCK SECURITY ASSESSMENT.

17 Not later than 1 year after the date of enactment

18 of this Act, the Secretary, in consultation with the Sec19 retary of Transportation, shall transmit to the Senate

20 Committee on Commerce, Science, and Transportation,

21 Senate Committee on Finance, the House of Representa22 tives Committee on Transportation and Infrastructure,

23 the House of Representatives Committee on Homeland Se24 curity, and the House of Representatives Committee on
†

343

S 4 ES

1 Ways and Means, a report on security issues related to

2 the trucking industry that includes—

3 (1) an assessment of actions already taken to

4 address identified security issues by both public and

5 private entities;

6 (2) an assessment of the economic impact that

7 security upgrades of trucks, truck equipment, or

8 truck facilities may have on the trucking industry

9 and its employees, including independent owner-op10 erators;

11 (3) an assessment of ongoing research and the

12 need for additional research on truck security;

13 (4) an assessment of industry best practices to

14 enhance security; and

15 (5) an assessment of the current status of se16 cure motor carrier parking.

17 SEC. 1446. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

18 (a) DEVELOPMENT.—The Secretary, in conjunction

19 with the Secretary of Transportation, shall consider the

20 development of a national public sector response system

21 to receive security alerts, emergency messages, and other

22 information used to track the transportation of high haz23 ard materials which can provide accurate, timely, and ac24 tionable information to appropriate first responder, law

25 enforcement and public safety, and homeland security offi-
†

344

S 4 ES

1 cials, as appropriate, regarding accidents, threats, thefts,

2 or other safety and security risks or incidents. In consid3 ering the development of this system, they shall consult

4 with law enforcement and public safety officials, haz5 ardous material shippers, motor carriers, railroads, orga6 nizations representing hazardous material employees,

7 State transportation and hazardous materials officials,

8 private for-profit and non-profit emergency response orga9 nizations, and commercial motor vehicle and hazardous

10 material safety groups. Consideration of development of

11 the national public sector response system shall be based

12 upon the public sector response center developed for the

13 Transportation Security Administration hazardous mate14 rial truck security pilot program and hazardous material

15 safety and security operational field test undertaken by

16 the Federal Motor Carrier Safety Administration.

17 (b) CAPABILITY.—The national public sector re18 sponse system to be considered shall be able to receive,

19 as appropriate—

20 (1) negative driver verification alerts;

21 (2) out-of-route alerts;

22 (3) driver panic or emergency alerts; and

23 (4) tampering or release alerts.

24 (c) CHARACTERISTICS.—The national public sector

25 response system to be considered shall—
†

345

S 4 ES

1 (1) be an exception-based system;

2 (2) be integrated with other private and public

3 sector operation reporting and response systems and

4 all Federal homeland security threat analysis sys5 tems or centers (including the National Response

6 Center); and

7 (3) provide users the ability to create rules for

8 alert notification messages.

9 (d) CARRIER PARTICIPATION.—The Secretary shall

10 coordinate with motor carriers and railroads transporting

11 high hazard materials, entities acting on their behalf who

12 receive communication alerts from motor carriers or rail13 roads, or other Federal agencies that receive security and

14 emergency related notification regarding high hazard ma15 terials in transit to facilitate the provisions of the informa16 tion listed in subsection (b) to the national public sector

17 response system to the extent possible if the system is es18 tablished.

19 (e) DATA PRIVACY.—The national public sector re20 sponse system shall be designed to ensure appropriate pro21 tection of data and information relating to motor carriers,

22 railroads, and employees.

23 (f) REPORT.—Not later than 180 days after the date

24 of enactment of this Act, the Secretary shall transmit to

25 the Senate Committee on Commerce, Science, and Trans-
†

346

S 4 ES

1 portation, the House of Representatives Committee on

2 Transportation and Infrastructure, and the House of Rep3 resentatives Committee on Homeland Security a report on

4 whether to establish a national public sector response sys5 tem and the estimated total public and private sector costs

6 to establish and annually operate such a system, together

7 with any recommendations for generating private sector

8 participation and investment in the development and oper9 ation of such a system.

10 (g) FUNDING.—There are authorized to be appro11 priated to the Secretary to carry out this section—

12 (1) $1,000,000 for fiscal year 2008;

13 (2) $1,000,000 for fiscal year 2009; and

14 (3) $1,000,000 for fiscal year 2010.

15 SEC. 1447. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

16 (a) IN GENERAL.—The Secretary shall establish a

17 program within the Transportation Security Administra18 tion for making grants to private operators of over-the19 road buses or over-the-road bus terminal operators for the

20 purposes of emergency preparedness drills and exercises,

21 protecting high risk/high consequence assets identified

22 through system-wide risk assessment, counter-terrorism

23 training, visible/unpredictable deterrence, public aware24 ness and preparedness campaigns, and including—
†

347

S 4 ES

1 (1) constructing and modifying terminals, ga2 rages, facilities, or over-the-road buses to assure

3 their security;

4 (2) protecting or isolating the driver;

5 (3) acquiring, upgrading, installing, or oper6 ating equipment, software, or accessorial services for

7 collection, storage, or exchange of passenger and

8 driver information through ticketing systems or oth9 erwise, and information links with government agen10 cies;

11 (4) training employees in recognizing and re12 sponding to security risks, evacuation procedures,

13 passenger screening procedures, and baggage inspec14 tion;

15 (5) hiring and training security officers;

16 (6) installing cameras and video surveillance

17 equipment on over-the-road buses and at terminals,

18 garages, and over-the-road bus facilities;

19 (7) creating a program for employee identifica20 tion or background investigation;

21 (8) establishing and upgrading emergency com22 munications tracking and control systems; and

23 (9) implementing and operating passenger

24 screening programs at terminals and on over-the25 road buses.
†

348

S 4 ES

1 (b) DUE CONSIDERATION.—In making grants under

2 this section, the Secretary shall give due consideration to

3 private operators of over-the-road buses that have taken

4 measures to enhance bus transportation security from

5 those in effect before September 11, 2001, and shall

6 prioritize grant funding based on the magnitude and se7 verity of the security risks to bus passengers and the abil8 ity of the funded project to reduce, or respond to, that

9 risk.

10 (c) GRANT REQUIREMENTS.—A grant under this sec11 tion shall be subject to all the terms and conditions that

12 a grant is subject to under section 3038(f) of the Trans13 portation Equity Act for the 21st Century (49 U.S.C.

14 5310 note; 112 Stat. 393).

15 (d) PLAN REQUIREMENT.—

16 (1) IN GENERAL.—The Secretary may not

17 make a grant under this section to a private oper18 ator of over-the-road buses until the operator has

19 first submitted to the Secretary—

20 (A) a plan for making security improve21 ments described in subsection (a) and the Sec22 retary has reviewed or approved the plan; and

23 (B) such additional information as the Sec24 retary may require to ensure accountability for
†

349

S 4 ES

1 the obligation and expenditure of amounts

2 made available to the operator under the grant.

3 (2) COORDINATION.—To the extent that an ap4 plication for a grant under this section proposes se5 curity improvements within a specific terminal

6 owned and operated by an entity other than the ap7 plicant, the applicant shall demonstrate to the satis8 faction of the Secretary that the applicant has co9 ordinated the security improvements for the terminal

10 with that entity.

11 (e) OVER-THE-ROAD BUS DEFINED.—In this section,

12 the term ‘‘over-the-road bus’’ means a bus characterized

13 by an elevated passenger deck located over a baggage com14 partment.

15 (f) BUS SECURITY ASSESSMENT.—

16 (1) IN GENERAL.—Not later than 1 year after

17 the date of enactment of this Act, the Secretary

18 shall transmit to the Senate Committee on Com19 merce, Science, and Transportation, the House of

20 Representatives Committee on Transportation and

21 Infrastructure, and the House of Representatives

22 Committee on Homeland Security a report in ac23 cordance with the requirements of this section.

24 (2) CONTENTS OF REPORT.—The report shall

25 include—
†

350

S 4 ES

1 (A) an assessment of the over-the-road bus

2 security grant program;

3 (B) an assessment of actions already taken

4 to address identified security issues by both

5 public and private entities and recommenda6 tions on whether additional safety and security

7 enforcement actions are needed;

8 (C) an assessment of whether additional

9 legislation is needed to provide for the security

10 of Americans traveling on over-the-road buses;

11 (D) an assessment of the economic impact

12 that security upgrades of buses and bus facili13 ties may have on the over-the-road bus trans14 portation industry and its employees;

15 (E) an assessment of ongoing research and

16 the need for additional research on over-the17 road bus security, including engine shut-off

18 mechanisms, chemical and biological weapon de19 tection technology, and the feasibility of

20 compartmentalization of the driver;

21 (F) an assessment of industry best prac22 tices to enhance security; and

23 (G) an assessment of school bus security,

24 if the Secretary deems it appropriate.
†

351

S 4 ES

1 (3) CONSULTATION WITH INDUSTRY, LABOR,

2 AND OTHER GROUPS.—In carrying out this section,

3 the Secretary shall consult with over-the-road bus

4 management and labor representatives, public safety

5 and law enforcement officials, and the National

6 Academy of Sciences.

7 (g) FUNDING.—

8 (1) IN GENERAL.—There are authorized to be

9 appropriated to the Secretary to carry out this

10 section—

11 (A) $12,000,000 for fiscal year 2008;

12 (B) $25,000,000 for fiscal year 2009; and

13 (C) $25,000,000 for fiscal year 2010.

14 (2) AVAILABILITY OF APPROPRIATED FUNDS.—

15 Amounts appropriated pursuant to paragraph (1)

16 shall remain available until expended.

17 SEC. 1448. PIPELINE SECURITY AND INCIDENT RECOVERY

18 PLAN.

19 (a) IN GENERAL.—The Secretary, in consultation

20 with the Secretary of Transportation and the Pipeline and

21 Hazardous Materials Safety Administration, and in ac22 cordance with the Memorandum of Understanding Annex

23 executed on August 9, 2006, shall develop a Pipeline Secu24 rity and Incident Recovery Protocols Plan. The plan shall

25 include—
†

352

S 4 ES

1 (1) a plan for the Federal Government to pro2 vide increased security support to the most critical

3 interstate and intrastate natural gas and hazardous

4 liquid transmission pipeline infrastructure and oper5 ations as determined under section 1449—

6 (A) at severe security threat levels of alert;

7 or

8 (B) when specific security threat informa9 tion relating to such pipeline infrastructure or

10 operations exists; and

11 (2) an incident recovery protocol plan, devel12 oped in conjunction with interstate and intrastate

13 transmission and distribution pipeline operators and

14 terminals and facilities operators connected to pipe15 lines, to develop protocols to ensure the continued

16 transportation of natural gas and hazardous liquids

17 to essential markets and for essential public health

18 or national defense uses in the event of an incident

19 affecting the interstate and intrastate natural gas

20 and hazardous liquid transmission and distribution

21 pipeline system, which shall include protocols for

22 granting access to pipeline operators for pipeline in23 frastructure repair, replacement or bypass following

24 an incident.
†

353

S 4 ES

1 (b) EXISTING PRIVATE AND PUBLIC SECTOR EF2 FORTS.—The plan shall take into account actions taken

3 or planned by both private and public entities to address

4 identified pipeline security issues and assess the effective

5 integration of such actions.

6 (c) CONSULTATION.—In developing the plan under

7 subsection (a), the Secretary shall consult with the Sec8 retary of Transportation, interstate and intrastate trans9 mission and distribution pipeline operators, pipeline labor,

10 first responders, shippers, State pipeline safety agencies,

11 public safety officials, and other relevant parties.

12 (d) REPORT.—

13 (1) CONTENTS.—Not later than 2 years after

14 the date of enactment of this Act, the Secretary

15 shall transmit to the Committee on Commerce,

16 Science, and Transportation of the Senate, the Com17 mittee on Homeland Security of the House of Rep18 resentatives, and the Committee on Transportation

19 and Infrastructure of the House of Representatives

20 a report containing the plan required by subsection

21 (a), along with an estimate of the private and public

22 sector costs to implement any recommendations.

23 (2) FORMAT.—The Secretary may submit the

24 report in both classified and redacted formats if the
†

354

S 4 ES

1 Secretary determines that such action is appropriate

2 or necessary.

3 SEC. 1449. PIPELINE SECURITY INSPECTIONS AND EN4 FORCEMENT.

5 (a) IN GENERAL.—Within 1 year after the date of

6 enactment of this Act, the Secretary, in consultation with

7 the Secretary of Transportation, shall establish a program

8 for reviewing pipeline operator adoption of recommenda9 tions in the September 5, 2002, Department of Transpor10 tation Research and Special Programs Administration

11 Pipeline Security Information Circular, including the re12 view of pipeline security plans and critical facility inspec13 tions.

14 (b) REVIEW AND INSPECTION.—Within 9 months

15 after the date of enactment of this Act, the Secretary and

16 the Secretary of Transportation shall develop and imple17 ment a plan for reviewing the pipeline security plan and

18 an inspection of the critical facilities of the 100 most crit19 ical pipeline operators covered by the September 5, 2002,

20 circular, where such facilities have not been inspected for

21 security purposes since September 5, 2002, by either the

22 Department of Homeland Security or the Department of

23 Transportation.

24 (c) COMPLIANCE REVIEW METHODOLOGY.—In re25 viewing pipeline operator compliance under subsections (a)
†

355

S 4 ES

1 and (b), risk assessment methodologies shall be used to

2 prioritize risks and to target inspection and enforcement

3 actions to the highest risk pipeline assets.

4 (d) REGULATIONS.—Within 1 year after the date of

5 enactment of this Act, the Secretary and the Secretary

6 of Transportation shall develop and transmit to pipeline

7 operators security recommendations for natural gas and

8 hazardous liquid pipelines and pipeline facilities. If the

9 Secretary determines that regulations are appropriate, the

10 Secretary shall consult with the Secretary of Transpor11 tation on the extent of risk and appropriate mitigation

12 measures, and the Secretary or the Secretary of Transpor13 tation, consistent with the memorandum of understanding

14 annex signed on August 9, 2006, shall promulgate such

15 regulations and carry out necessary inspection and en16 forcement actions. Any regulations should incorporate the

17 guidance provided to pipeline operators by the September

18 5, 2002, Department of Transportation Research and

19 Special Programs Administration’s Pipeline Security In20 formation Circular and contain additional requirements as

21 necessary based upon the results of the inspections per22 formed under subsection (b). The regulations shall include

23 the imposition of civil penalties for non-compliance.

24 (e) FUNDING.—There are authorized to be appro25 priated to the Secretary to carry out this section—
†

356

S 4 ES

1 (1) $2,000,000 for fiscal year 2008; and

2 (2) $2,000,000 for fiscal year 2009.

3 SEC. 1450. TECHNICAL CORRECTIONS.

4 Section 5103a of title 49, United States Code, is

5 amended—

6 (1) by inserting ‘‘of Homeland Security’’ after

7 ‘‘Secretary’’ each place it appears in subsections

8 (a)(1), (d)(1)(b), and (e); and

9 (2) by redesignating subsection (h) as sub10 section (i), and inserting the following after sub11 section (g):

12 ‘‘(h) RELATIONSHIP TO TRANSPORTATION SECURITY

13 CARDS.—Upon application, a State shall issue to an indi14 vidual a license to operate a motor vehicle transporting

15 in commerce a hazardous material without the security as16 sessment required by this section, provided the individual

17 meets all other applicable requirements for such a license,

18 if the Secretary of Homeland Security has previously de19 termined, under section 70105 of title 46, United States

20 Code, that the individual does not pose a security risk.’’.

21 SEC. 1451. CERTAIN PERSONNEL LIMITATIONS NOT TO

22 APPLY.

23 Any statutory limitation on the number of employees

24 in the Transportation Security Administration of the De25 partment of Transportation, before or after its transfer
†

357

S 4 ES

1 to the Department of Homeland Security, does not apply

2 to the extent that any such employees are responsible for

3 implementing the provisions of this title.

4 SEC. 1452. MARITIME AND SURFACE TRANSPORTATION SE5 CURITY USER FEE STUDY.

6 (a) IN GENERAL.—The Secretary of Homeland Secu7 rity shall conduct a study of the need for, and feasibility

8 of, establishing a system of maritime and surface trans9 portation-related user fees that may be imposed and col10 lected as a dedicated revenue source, on a temporary or

11 continuing basis, to provide necessary funding for legiti12 mate improvements to, and maintenance of, maritime and

13 surface transportation security. In developing the study,

14 the Secretary shall consult with maritime and surface

15 transportation carriers, shippers, passengers, facility own16 ers and operators, and other persons as determined by the

17 Secretary. Not later than 1 year after the date of the en18 actment of this Act, the Secretary shall submit a report

19 to the appropriate congressional committees that

20 contains—

21 (1) the results of the study;

22 (2) an assessment of the annual sources of

23 funding collected through maritime and surface

24 transportation at ports of entry and a detailed de25 scription of the distribution and use of such funds,
†

358

S 4 ES

1 including the amount and percentage of such sources

2 that are dedicated to improve and maintain security;

3 (3)(A) an assessment of the fees, charges, and

4 standards imposed on United States ports, port ter5 minal operators, shippers, carriers, and other per6 sons who use United States ports of entry compared

7 with the fees and charges imposed on Canadian and

8 Mexican ports, Canadian and Mexican port terminal

9 operators, shippers, carriers, and other persons who

10 use Canadian or Mexican ports of entry; and

11 (B) an assessment of the impact of such fees,

12 charges, and standards on the competitiveness of

13 United States ports, port terminal operators, rail14 roads, motor carriers, pipelines, other transportation

15 modes, and shippers;

16 (4) an assessment of private efforts and invest17 ments to secure maritime and surface transportation

18 modes, including those that are operational and

19 those that are planned; and

20 (5) the Secretary’s recommendations based

21 upon the study, and an assessment of the consist22 ency of such recommendations with the international

23 obligations and commitments of the United States.

24 (b) DEFINITIONS.—In this section:
†

359

S 4 ES

1 (1) APPROPRIATE CONGRESSIONAL COMMIT2 TEES.—The term ‘‘appropriate congressional com3 mittees’’ has the meaning given that term by section

4 2(1) of the SAFE Port Act (6 U.S.C. 901(1)).

5 (2) PORT OF ENTRY.—The term ‘‘port of

6 entry’’ means any port or other facility through

7 which foreign goods are permitted to enter the cus8 toms territory of a country under official super9 vision.

10 (3) MARITIME AND SURFACE TRANSPOR11 TATION.—The term ‘‘maritime and surface transpor12 tation’’ includes oceanborne, rail, and vehicular

13 transportation.

14 SEC. 1453. DHS INSPECTOR GENERAL REPORT ON HIGH15 WAY WATCH GRANT PROGRAM.

16 Within 90 days after the date of enactment of this

17 Act, the Inspector General of the Department of Home18 land Security shall submit a report to the Senate Com19 mittee on Commerce, Science, and Transportation and

20 Committee on Homeland Security and Governmental Af21 fairs on the Trucking Security Grant Program for fiscal

22 years 2004 and 2005 that—

23 (1) addresses the grant announcement, applica24 tion, receipt, review, award, monitoring, and closeout

25 processes; and
†

360

S 4 ES

1 (2) states the amount obligated or expended

2 under the program for fiscal years 2004 and 2005

3 for—

4 (A) infrastructure protection;

5 (B) training;

6 (C) equipment;

7 (D) educational materials;

8 (E) program administration;

9 (E) marketing; and

10 (F) other functions.

11 SEC. 1454. PROHIBITION OF ISSUANCE OF TRANSPOR12 TATION SECURITY CARDS TO CONVICTED

13 FELONS.

14 (a) IN GENERAL.—Section 70105 of title 46, United

15 States Code, is amended—

16 (1) in subsection (b)(1), by striking ‘‘decides

17 that the individual poses a security risk under sub18 section (c)’’ and inserting ‘‘determines under sub19 section (c) that the individual poses a security risk’’;

20 and

21 (2) in subsection (c), by amending paragraph

22 (1) to read as follows:

23 ‘‘(1) DISQUALIFICATIONS.—

24 ‘‘(A) PERMANENT DISQUALIFYING CRIMI25 NAL OFFENSES.—Except as provided under
†

361

S 4 ES

1 paragraph (2), an individual is permanently dis2 qualified from being issued a biometric trans3 portation security card under subsection (b) if

4 the individual has been convicted, or found not

5 guilty by reason of insanity, in a civilian or

6 military jurisdiction of any of the following felo7 nies:

8 ‘‘(i) Espionage or conspiracy to com9 mit espionage.

10 ‘‘(ii) Sedition or conspiracy to commit

11 sedition.

12 ‘‘(iii) Treason or conspiracy to commit

13 treason.

14 ‘‘(iv) A Federal crime of terrorism (as

15 defined in section 2332b(g) of title 18), a

16 comparable State law, or conspiracy to

17 commit such crime.

18 ‘‘(v) A crime involving a transpor19 tation security incident.

20 ‘‘(vi) Improper transportation of a

21 hazardous material under section 5124 of

22 title 49, or a comparable State law.

23 ‘‘(vii) Unlawful possession, use, sale,

24 distribution, manufacture, purchase, re25 ceipt, transfer, shipping, transporting, im-
†

362

S 4 ES

1 port, export, storage of, or dealing in an

2 explosive or explosive device. In this clause,

3 an explosive or explosive device includes—

4 ‘‘(I) an explosive (as defined in

5 sections 232(5) and 844(j) of title

6 18);

7 ‘‘(II) explosive materials (as de8 fined in subsections (c) through (f) of

9 section 841 of title 18); and

10 ‘‘(III) a destructive device (as de11 fined in 921(a)(4) of title 18 and sec12 tion 5845(f) of the Internal Revenue

13 Code of 1986).

14 ‘‘(viii) Murder.

15 ‘‘(ix) Making any threat, or mali16 ciously conveying false information know17 ing the same to be false, concerning the

18 deliverance, placement, or detonation of an

19 explosive or other lethal device in or

20 against a place of public use, a State or

21 other government facility, a public trans22 portation system, or an infrastructure fa23 cility.

24 ‘‘(x) A violation of the Racketeer In25 fluenced and Corrupt Organizations Act
†

363

S 4 ES

1 (18 U.S.C. 1961 et seq.), or a comparable

2 State law, if 1 of the predicate acts found

3 by a jury or admitted by the defendant

4 consists of 1 of the crimes listed in this

5 subparagraph.

6 ‘‘(xi) Attempt to commit any of the

7 crimes listed in clauses (i) through (iv).

8 ‘‘(xii) Conspiracy or attempt to com9 mit any of the crimes described in clauses

10 (v) through (x).

11 ‘‘(B) INTERIM DISQUALIFYING CRIMINAL

12 OFFENSES.—Except as provided under para13 graph (2), an individual is disqualified from

14 being issued a biometric transportation security

15 card under subsection (b) if the individual has

16 been convicted, or found not guilty by reason of

17 insanity, during the 7-year period ending on the

18 date on which the individual applies for such

19 card, or was released from incarceration during

20 the 5-year period ending on the date on which

21 the individual applies for such card, of any of

22 the following felonies:

23 ‘‘(i) Unlawful possession, use, sale,

24 manufacture, purchase, distribution, re25 ceipt, transfer, shipping, transporting, de-
†

364

S 4 ES

1 livery, import, export of, or dealing in a

2 firearm or other weapon. In this clause, a

3 firearm or other weapon includes—

4 ‘‘(I) firearms (as defined in sec5 tion 921(a)(3) of title 18 and section

6 5845(a) of the Internal Revenue Code

7 of 1986); and

8 ‘‘(II) items contained on the

9 United States Munitions Import List

10 under section 447.21 of title 27, Code

11 of Federal Regulations.

12 ‘‘(ii) Extortion.

13 ‘‘(iii) Dishonesty, fraud, or misrepre14 sentation, including identity fraud and

15 money laundering if the money laundering

16 is related to a crime described in this sub17 paragraph or subparagraph (A). In this

18 clause, welfare fraud and passing bad

19 checks do not constitute dishonesty, fraud,

20 or misrepresentation.

21 ‘‘(iv) Bribery.

22 ‘‘(v) Smuggling.

23 ‘‘(vi) Immigration violations.
†

365

S 4 ES

1 ‘‘(vii) Distribution of, possession with

2 intent to distribute, or importation of a

3 controlled substance.

4 ‘‘(viii) Arson.

5 ‘‘(ix) Kidnapping or hostage taking.

6 ‘‘(x) Rape or aggravated sexual abuse.

7 ‘‘(xi) Assault with intent to kill.

8 ‘‘(xii) Robbery.

9 ‘‘(xiii) Conspiracy or attempt to com10 mit any of the crimes listed in this sub11 paragraph.

12 ‘‘(xiv) Fraudulent entry into a seaport

13 under section 1036 of title 18, or a com14 parable State law.

15 ‘‘(xv) A violation of the Racketeer In16 fluenced and Corrupt Organizations Act

17 (18 U.S.C. 1961 et seq.) or a comparable

18 State law, other than any of the violations

19 listed in subparagraph (A)(x).

20 ‘‘(C) UNDER WANT WARRANT, OR INDICT21 MENT.—An applicant who is wanted, or under

22 indictment, in any civilian or military jurisdic23 tion for a felony listed in this paragraph, is dis24 qualified from being issued a biometric trans25 portation security card under subsection (b)
†

366

S 4 ES

1 until the want or warrant is released or the in2 dictment is dismissed.

3 ‘‘(D) DETERMINATION OF ARREST STA4 TUS.—

5 ‘‘(i) IN GENERAL.—If a fingerprint6 based check discloses an arrest for a dis7 qualifying crime listed in this section with8 out indicating a disposition, the Transpor9 tation Security Administration shall notify

10 the applicant of such disclosure and pro11 vide the applicant with instructions on how

12 the applicant can clear the disposition, in

13 accordance with clause (ii).

14 ‘‘(ii) BURDEN OF PROOF.—In order to

15 clear a disposition under this subpara16 graph, an applicant shall submit written

17 proof to the Transportation Security Ad18 ministration, not later than 60 days after

19 receiving notification under clause (i), that

20 the arrest did not result in conviction for

21 the disqualifying criminal offense.

22 ‘‘(iii) NOTIFICATION OF DISQUALI23 FICATION.—If the Transportation Security

24 Administration does not receive proof in

25 accordance with the Transportation Secu-
†

367

S 4 ES

1 rity Administration’s procedures for waiver

2 of criminal offenses and appeals, the

3 Transportation Security Administration

4 shall notify—

5 ‘‘(I) the applicant that he or she

6 is disqualified from being issued a bio7 metric transportation security card

8 under subsection (b);

9 ‘‘(II) the State that the applicant

10 is disqualified, in the case of a haz11 ardous materials endorsement; and

12 ‘‘(III) the Coast Guard that the

13 applicant is disqualified, if the appli14 cant is a mariner.

15 ‘‘(E) OTHER POTENTIAL DISQUALIFICA16 TIONS.—Except as provided under subpara17 graphs (A) through (C), an individual may not

18 be denied a transportation security card under

19 subsection (b) unless the Secretary determines

20 that individual—

21 ‘‘(i) has been convicted within the pre22 ceding 7-year period of a felony or found

23 not guilty by reason of insanity of a

24 felony—
†

368

S 4 ES

1 ‘‘(I) that the Secretary believes

2 could cause the individual to be a ter3 rorism security risk to the United

4 States; or

5 ‘‘(II) for causing a severe trans6 portation security incident;

7 ‘‘(ii) has been released from incarcer8 ation within the preceding 5-year period

9 for committing a felony described in clause

10 (i);

11 ‘‘(iii) may be denied admission to the

12 United States or removed from the United

13 States under the Immigration and Nation14 ality Act (8 U.S.C. 1101 et seq.); or

15 ‘‘(iv) otherwise poses a terrorism secu16 rity risk to the United States.

17 ‘‘(F) MODIFICATION OF LISTED OF18 FENSES.—The Secretary may, by rulemaking,

19 add or modify the offenses described in para20 graph (1)(A) or (B).’’.

21 (b) CONFORMING AMENDMENT.—Section 70101 of

22 title 49, United States Code, is amended—

23 (1) by redesignating paragraphs (2) through

24 (6) as paragraphs (3) through (7); and
†

369

S 4 ES

1 (2) by inserting after paragraph (1) the fol2 lowing:

3 ‘‘(2) The term ‘economic disruption’ does not

4 include a work stoppage or other employee-related

5 action not related to terrorism and resulting from an

6 employer-employee dispute.’’.

7 SEC. 1455. PROHIBITION OF ISSUANCE OF TRANSPOR8 TATION SECURITY CARDS TO CONVICTED

9 FELONS.

10 (a) IN GENERAL.—Section 70105 of title 46, United

11 States Code, is amended—

12 (1) in subsection (b)(1), by striking ‘‘decides

13 that the individual poses a security risk under sub14 section (c)’’ and inserting ‘‘determines under sub15 section (c) that the individual poses a security risk’’;

16 and

17 (2) in subsection (c), by amending paragraph

18 (1) to read as follows:

19 ‘‘(1) DISQUALIFICATIONS.—

20 ‘‘(A) PERMANENT DISQUALIFYING CRIMI21 NAL OFFENSES.—Except as provided under

22 paragraph (2), an individual is permanently dis23 qualified from being issued a biometric trans24 portation security card under subsection (b) if

25 the individual has been convicted, or found not
†

370

S 4 ES

1 guilty by reason of insanity, in a civilian or

2 military jurisdiction of any of the following felo3 nies:

4 ‘‘(i) Espionage or conspiracy to com5 mit espionage.

6 ‘‘(ii) Sedition or conspiracy to commit

7 sedition.

8 ‘‘(iii) Treason or conspiracy to commit

9 treason.

10 ‘‘(iv) A Federal crime of terrorism (as

11 defined in section 2332b(g) of title 18), a

12 comparable State law, or conspiracy to

13 commit such crime.

14 ‘‘(v) A crime involving a transpor15 tation security incident.

16 ‘‘(vi) Improper transportation of a

17 hazardous material under section 5124 of

18 title 49, or a comparable State law.

19 ‘‘(vii) Unlawful possession, use, sale,

20 distribution, manufacture, purchase, re21 ceipt, transfer, shipping, transporting, im22 port, export, storage of, or dealing in an

23 explosive or explosive device. In this clause,

24 an explosive or explosive device includes—
†

371

S 4 ES

1 ‘‘(I) an explosive (as defined in

2 sections 232(5) and 844(j) of title

3 18);

4 ‘‘(II) explosive materials (as de5 fined in subsections (c) through (f) of

6 section 841 of title 18); and

7 ‘‘(III) a destructive device (as de8 fined in 921(a)(4) of title 18 and sec9 tion 5845(f) of the Internal Revenue

10 Code of 1986).

11 ‘‘(viii) Murder.

12 ‘‘(ix) Making any threat, or mali13 ciously conveying false information know14 ing the same to be false, concerning the

15 deliverance, placement, or detonation of an

16 explosive or other lethal device in or

17 against a place of public use, a State or

18 other government facility, a public trans19 portation system, or an infrastructure fa20 cility.

21 ‘‘(x) A violation of the Racketeer In22 fluenced and Corrupt Organizations Act

23 (18 U.S.C. 1961 et seq.), or a comparable

24 State law, if 1 of the predicate acts found

25 by a jury or admitted by the defendant
†

372

S 4 ES

1 consists of 1 of the crimes listed in this

2 subparagraph.

3 ‘‘(xi) Attempt to commit any of the

4 crimes listed in clauses (i) through (iv).

5 ‘‘(xii) Conspiracy or attempt to com6 mit any of the crimes described in clauses

7 (v) through (x).

8 ‘‘(B) INTERIM DISQUALIFYING CRIMINAL

9 OFFENSES.—Except as provided under para10 graph (2), an individual is disqualified from

11 being issued a biometric transportation security

12 card under subsection (b) if the individual has

13 been convicted, or found not guilty by reason of

14 insanity, during the 7-year period ending on the

15 date on which the individual applies for such

16 card, or was released from incarceration during

17 the 5-year period ending on the date on which

18 the individual applies for such card, of any of

19 the following felonies:

20 ‘‘(i) Unlawful possession, use, sale,

21 manufacture, purchase, distribution, re22 ceipt, transfer, shipping, transporting, de23 livery, import, export of, or dealing in a

24 firearm or other weapon. In this clause, a

25 firearm or other weapon includes—
†

373

S 4 ES

1 ‘‘(I) firearms (as defined in sec2 tion 921(a)(3) of title 18 and section

3 5845(a) of the Internal Revenue Code

4 of 1986); and

5 ‘‘(II) items contained on the

6 United States Munitions Import List

7 under section 447.21 of title 27, Code

8 of Federal Regulations.

9 ‘‘(ii) Extortion.

10 ‘‘(iii) Dishonesty, fraud, or misrepre11 sentation, including identity fraud and

12 money laundering if the money laundering

13 is related to a crime described in this sub14 paragraph or subparagraph (A). In this

15 clause, welfare fraud and passing bad

16 checks do not constitute dishonesty, fraud,

17 or misrepresentation.

18 ‘‘(iv) Bribery.

19 ‘‘(v) Smuggling.

20 ‘‘(vi) Immigration violations.

21 ‘‘(vii) Distribution of, possession with

22 intent to distribute, or importation of a

23 controlled substance.

24 ‘‘(viii) Arson.

25 ‘‘(ix) Kidnapping or hostage taking.
†

374

S 4 ES

1 ‘‘(x) Rape or aggravated sexual abuse.

2 ‘‘(xi) Assault with intent to kill.

3 ‘‘(xii) Robbery.

4 ‘‘(xiii) Conspiracy or attempt to com5 mit any of the crimes listed in this sub6 paragraph.

7 ‘‘(xiv) Fraudulent entry into a seaport

8 under section 1036 of title 18, or a com9 parable State law.

10 ‘‘(xv) A violation of the Racketeer In11 fluenced and Corrupt Organizations Act

12 (18 U.S.C. 1961 et seq.) or a comparable

13 State law, other than any of the violations

14 listed in subparagraph (A)(x).

15 ‘‘(C) UNDER WANT WARRANT, OR INDICT16 MENT.—An applicant who is wanted, or under

17 indictment, in any civilian or military jurisdic18 tion for a felony listed in this paragraph, is dis19 qualified from being issued a biometric trans20 portation security card under subsection (b)

21 until the want or warrant is released or the in22 dictment is dismissed.

23 ‘‘(D) DETERMINATION OF ARREST STA24 TUS.—
†

375

S 4 ES

1 ‘‘(i) IN GENERAL.—If a fingerprint2 based check discloses an arrest for a dis3 qualifying crime listed in this section with4 out indicating a disposition, the Transpor5 tation Security Administration shall notify

6 the applicant of such disclosure and pro7 vide the applicant with instructions on how

8 the applicant can clear the disposition, in

9 accordance with clause (ii).

10 ‘‘(ii) BURDEN OF PROOF.—In order to

11 clear a disposition under this subpara12 graph, an applicant shall submit written

13 proof to the Transportation Security Ad14 ministration, not later than 60 days after

15 receiving notification under clause (i), that

16 the arrest did not result in conviction for

17 the disqualifying criminal offense.

18 ‘‘(iii) NOTIFICATION OF DISQUALI19 FICATION.—If the Transportation Security

20 Administration does not receive proof in

21 accordance with the Transportation Secu22 rity Administration’s procedures for waiver

23 of criminal offenses and appeals, the

24 Transportation Security Administration

25 shall notify—
†

376

S 4 ES

1 ‘‘(I) the applicant that he or she

2 is disqualified from being issued a bio3 metric transportation security card

4 under subsection (b);

5 ‘‘(II) the State that the applicant

6 is disqualified, in the case of a haz7 ardous materials endorsement; and

8 ‘‘(III) the Coast Guard that the

9 applicant is disqualified, if the appli10 cant is a mariner.

11 ‘‘(E) OTHER POTENTIAL DISQUALIFICA12 TIONS.—Except as provided under subpara13 graphs (A) through (C), an individual may not

14 be denied a transportation security card under

15 subsection (b) unless the Secretary determines

16 that individual—

17 ‘‘(i) has been convicted within the pre18 ceding 7-year period of a felony or found

19 not guilty by reason of insanity of a

20 felony—

21 ‘‘(I) that the Secretary believes

22 could cause the individual to be a ter23 rorism security risk to the United

24 States; or
†

377

S 4 ES

1 ‘‘(II) for causing a severe trans2 portation security incident;

3 ‘‘(ii) has been released from incarcer4 ation within the preceding 5-year period

5 for committing a felony described in clause

6 (i);

7 ‘‘(iii) may be denied admission to the

8 United States or removed from the United

9 States under the Immigration and Nation10 ality Act (8 U.S.C. 1101 et seq.); or

11 ‘‘(iv) otherwise poses a terrorism secu12 rity risk to the United States.

13 ‘‘(F) MODIFICATION OF LISTED OF14 FENSES.—The Secretary may, by rulemaking,

15 add to the offenses described in paragraph

16 (1)(A) or (B).’’.

17 (b) CONFORMING AMENDMENT.—Section 70101 of

18 title 49, United States Code, is amended—

19 (1) by redesignating paragraphs (2) through

20 (6) as paragraphs (3) through (7); and

21 (2) by inserting after paragraph (1) the fol22 lowing:

23 ‘‘(2) The term ‘economic disruption’ does not

24 include a work stoppage or other employee-related
†

378

S 4 ES

1 action not related to terrorism and resulting from an

2 employer-employee dispute.’’.

3 Subtitle B—Aviation Security

4 Improvement

5 SEC. 1461. EXTENSION OF AUTHORIZATION FOR AVIATION

6 SECURITY FUNDING.

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

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

9 2007, 2008, and 2009’’.

10 SEC. 1462. PASSENGER AIRCRAFT CARGO SCREENING.

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

12 States Code, is amended—

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

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

15 (2) by inserting after subsection (f) the fol16 lowing:

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

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

19 after the date of enactment of the Transportation

20 Security and Interoperable Communication Capabili21 ties Act, the Secretary of Homeland Security, acting

22 through the Administrator of the Transportation Se23 curity Administration, shall establish a system to

24 screen all cargo transported on passenger aircraft

25 operated by an air carrier or foreign air carrier in
†

379

S 4 ES

1 air transportation or intrastate air transportation to

2 ensure the security of all such passenger aircraft

3 carrying cargo.

4 ‘‘(2) MINIMUM STANDARDS.—The system re5 ferred to in paragraph (1) shall require, at a min6 imum, that the equipment, technology, procedures,

7 personnel, or other methods determined by the Ad8 ministrator of the Transportation Security Adminis9 tration, provide a level of security comparable to the

10 level of security in effect for passenger checked bag11 gage.

12 ‘‘(3) REGULATIONS.—

13 ‘‘(A) INTERIM FINAL RULE.—The Sec14 retary of Homeland Security may issue an in15 terim final rule as a temporary regulation to

16 implement this subsection without regard to the

17 provisions of chapter 5 of title 5.

18 ‘‘(B) FINAL RULE.—

19 ‘‘(i) IN GENERAL.—If the Secretary

20 issues an interim final rule under subpara21 graph (A), the Secretary shall issue, not

22 later than 1 year after the effective date of

23 the interim final rule, a final rule as a per24 manent regulation to implement this sub-
†

380

S 4 ES

1 section in accordance with the provisions of

2 chapter 5 of title 5.

3 ‘‘(ii) FAILURE TO ACT.—If the Sec4 retary does not issue a final rule in accord5 ance with clause (i) on or before the last

6 day of the 1-year period referred to in

7 clause (i), the Secretary shall submit a re8 port to the Congress explaining why the

9 final rule was not timely issued and pro10 viding an estimate of the earliest date on

11 which the final rule will be issued. The

12 Secretary shall submit the first such report

13 within 10 days after such last day and

14 submit a report to the Congress containing

15 updated information every 60 days there16 after until the final rule is issued.

17 ‘‘(iii) SUPERSEDING OF INTERIM

18 FINAL RULE.—The final rule issued in ac19 cordance with this subparagraph shall su20 persede the interim final rule issued under

21 subparagraph (A).

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

23 date on which the system required by paragraph (1)

24 is established, the Secretary shall transmit a report

25 to Congress that details and explains the system.’’.
†

381

S 4 ES

1 (b) ASSESSMENT OF EXEMPTIONS.—

2 (1) TSA ASSESSMENT OF EXEMPTIONS.—

3 (A) IN GENERAL.—Not later than 180

4 days after the date of enactment of this Act,

5 the Secretary of Homeland Security, through

6 the Administrator of the Transportation Secu7 rity Administration, shall submit a report to

8 Congress and to the Comptroller General con9 taining an assessment of each exemption grant10 ed under section 44901(i) of title 49, United

11 States Code, for the screening required by sec12 tion 44901(g)(1) of that title for cargo trans13 ported on passenger aircraft and an analysis to

14 assess the risk of maintaining such exemption.

15 The Secretary may submit the report in both

16 classified and redacted formats if the Secretary

17 determines that such action is appropriate or

18 necessary.

19 (B) CONTENTS.—The report shall

20 include—

21 (i) the rationale for each exemption;

22 (ii) a statement of the percentage of

23 cargo that is not screened as a result of

24 each exemption;
†

382

S 4 ES

1 (iii) the impact of each exemption on

2 aviation security;

3 (iv) the projected impact on the flow

4 of commerce of eliminating such exemp5 tion; and

6 (v) a statement of any plans, and the

7 rationale, for maintaining, changing, or

8 eliminating each exemption.

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

10 days after the date on which the report required

11 under paragraph (1) is submitted, the Comptroller

12 General shall review the report and provide to Con13 gress an assessment of the methodology used for de14 terminations made by the Secretary for maintaining,

15 changing, or eliminating an exemption.

16 SEC. 1463. BLAST-RESISTANT CARGO CONTAINERS.

17 Section 44901 of title 49, United States Code, as

18 amended by section 1462, is amended by adding at the

19 end the following:

20 ‘‘(j) BLAST-RESISTANT CARGO CONTAINERS.—

21 ‘‘(1) IN GENERAL.—Before January 1, 2008,

22 the Administrator of the Transportation Security

23 Administration shall—

24 ‘‘(A) evaluate the results of the blast-re25 sistant cargo container pilot program instituted
†

383

S 4 ES

1 before the date of enactment of the Transpor2 tation Security and Interoperable Communica3 tion Capabilities Act;

4 ‘‘(B) based on that evaluation, begin the

5 acquisition of a sufficient number of blast-re6 sistant cargo containers to meet the require7 ments of the Transportation Security Adminis8 tration’s cargo security program under sub9 section (g); and

10 ‘‘(C) develop a system under which the

11 Administrator—

12 ‘‘(i) will make such containers avail13 able for use by passenger aircraft operated

14 by air carriers or foreign air carriers in air

15 transportation or intrastate air transpor16 tation on a random or risk-assessment

17 basis as determined by the Administrator,

18 in sufficient number to enable the carriers

19 to meet the requirements of the Adminis20 tration’s cargo security system; and

21 ‘‘(ii) provide for the storage, mainte22 nance, and distribution of such containers.

23 ‘‘(2) DISTRIBUTION TO AIR CARRIERS.—Within

24 90 days after the date on which the Administrator

25 completes development of the system required by
†

384

S 4 ES

1 paragraph (1)(C), the Administrator of the Trans2 portation Security Administration shall implement

3 that system and begin making blast-resistant cargo

4 containers available to such carriers as necessary.’’.

5 SEC. 1464. PROTECTION OF AIR CARGO ON PASSENGER

6 PLANES FROM EXPLOSIVES.

7 (a) TECHNOLOGY RESEARCH AND PILOT

8 PROJECTS.—

9 (1) RESEARCH AND DEVELOPMENT.—The Sec10 retary of Homeland Security shall expedite research

11 and development for technology that can disrupt or

12 prevent an explosive device from being introduced

13 onto a passenger plane or from damaging a pas14 senger plane while in flight or on the ground. The

15 research shall include blast resistant cargo con16 tainers and other promising technology and will be

17 used in concert with implementation of section

18 44901(j) of title 49, United States Code, as amend19 ed by section 1463 of this title.

20 (2) PILOT PROJECTS.—The Secretary, in con21 junction with the Secretary of Transportation, shall

22 establish a grant program to fund pilot projects—

23 (A) to deploy technologies described in

24 paragraph (1); and
†

385

S 4 ES

1 (B) to test technology to expedite the re2 covery, development, and analysis of informa3 tion from aircraft accidents to determine the

4 cause of the accident, including deployable

5 flight deck and voice recorders and remote loca6 tion recording devices.

7 (b) AUTHORIZATION OF APPROPRIATIONS.—There

8 are authorized to be appropriated to the Secretary of

9 Homeland Security for fiscal year 2008 such sums as may

10 be necessary to carry out this section, such funds to re11 main available until expended.

12 SEC. 1465. IN-LINE BAGGAGE SCREENING.

13 (a) EXTENSION OF AUTHORIZATION.—Section

14 44923(i)(1) of title 49, United States Code, is amended

15 by striking ‘‘2007.’’ and inserting ‘‘2007, and

16 $450,000,000 for each of fiscal years 2008 and 2009.’’.

17 (b) REPORT.—Within 30 days after the date of enact18 ment of this Act, the Secretary of Homeland Security shall

19 submit the report the Secretary was required by section

20 4019(d) of the Intelligence Reform and Terrorism Preven21 tion Act of 2004 (49 U.S.C. 44901 note) to have sub22 mitted in conjunction with the submission of the budget

23 for fiscal year 2006.
†

386

S 4 ES

1 SEC. 1466. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

2 (a) IN GENERAL.—Section 44923 of title 49, United

3 States Code, is amended—

4 (1) by striking ‘‘may’’ in subsection (a) and in5 serting ‘‘shall’’;

6 (2) by striking ‘‘may’’ in subsection (d)(1) and

7 inserting ‘‘shall’’;

8 (3) by striking ‘‘2007’’ in subsection (h)(1) and

9 inserting ‘‘2028’’;

10 (4) by striking paragraphs (2) and (3) of sub11 section (h) and inserting the following:

12 ‘‘(2) ALLOCATION.—Of the amount made avail13 able under paragraph (1) for a fiscal year, not less

14 than $200,000,000 shall be allocated to fulfill letters

15 of intent issued under subsection (d).

16 ‘‘(3) DISCRETIONARY GRANTS.—Of the amount

17 made available under paragraph (1) for a fiscal year,

18 up to $50,000,000 shall be used to make discre19 tionary grants, with priority given to small hub air20 ports and non-hub airports.’’; and

21 (5) by redesignating subsection (i) as subsection

22 (j), and inserting after subsection (h) the following:

23 ‘‘(i) LEVERAGED FUNDING.—For purposes of this

24 section, a grant under subsection (a) to an airport sponsor

25 to service an obligation issued by or on behalf of that spon-
†

387

S 4 ES

1 sor to fund a project described in subsection (a) shall be

2 considered to be a grant for that project.’’.

3 (b) PRIORITIZATION OF PROJECTS.—

4 (1) IN GENERAL.—The Administrator shall cre5 ate a prioritization schedule for airport security im6 provement projects described in section 44923(b) of

7 title 49, United States Code, based on risk and

8 other relevant factors, to be funded under the grant

9 program provided by that section. The schedule shall

10 include both hub airports (as defined in section

11 41731(a)(3) of title 49, United States Code) and

12 nonhub airports (as defined in section 41731(a)4) of

13 title 49, United States Code).

14 (2) AIRPORTS THAT HAVE COMMENCED

15 PROJECTS.—The schedule shall include airports that

16 have incurred eligible costs associated with develop17 ment of partial in-line baggage systems before the

18 date of enactment of this Act in reasonable anticipa19 tion of receiving a grant under section 44923 of title

20 49, United States Code, in reimbursement of those

21 costs but that have not received such a grant.

22 (3) REPORT.—Within 180 days after the date

23 of enactment of this Act, the Administrator shall

24 provide a copy of the prioritization schedule, a cor25 responding timeline, and a description of the funding
†

388

S 4 ES

1 allocation under section 44923 of title 49, United

2 States Code, to the Senate Committee on Commerce,

3 Science, and Transportation and the House of Rep4 resentatives Committee on Homeland Security.

5 SEC. 1467. RESEARCH AND DEVELOPMENT OF AVIATION

6 TRANSPORTATION SECURITY TECHNOLOGY.

7 Section 137(a) of the Aviation and Transportation

8 Security Act (49 U.S.C. 44912 note) is amended—

9 (1) by striking ‘‘2002 through 2006,’’ and in10 serting ‘‘2006 through 2009,’’;

11 (2) by striking ‘‘aviation’’ and inserting ‘‘trans12 portation’’; and

13 (3) by striking ‘‘2002 and 2003’’ and inserting

14 ‘‘2006 through 2009’’.

15 SEC. 1468. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO

16 APPLY.

17 (a) IN GENERAL.—Notwithstanding any provision of

18 law to the contrary, any statutory limitation on the num19 ber of employees in the Transportation Security Adminis20 tration, before or after its transfer to the Department of

21 Homeland Security from the Department of Transpor22 tation, does not apply after fiscal year 2007.

23 (b) AVIATION SECURITY.—Notwithstanding any pro24 vision of law imposing a limitation on the recruiting or

25 hiring of personnel into the Transportation Security Ad-
†

389

S 4 ES

1 ministration to a maximum number of permanent posi2 tions, the Secretary of Homeland Security shall recruit

3 and hire such personnel into the Administration as may

4 be necessary—

5 (1) to provide appropriate levels of aviation se6 curity; and

7 (2) to accomplish that goal in such a manner

8 that the average aviation security-related delay expe9 rienced by airline passengers is reduced to a level of

10 less than 10 minutes.

11 SEC. 1469. SPECIALIZED TRAINING.

12 The Administrator of the Transportation Security

13 Administration shall provide advanced training to trans14 portation security officers for the development of special15 ized security skills, including behavior observation and

16 analysis, explosives detection, and document examination,

17 in order to enhance the effectiveness of layered transpor18 tation security measures.

19 SEC. 1470. EXPLOSIVE DETECTION AT PASSENGER SCREEN20 ING CHECKPOINTS.

21 (a) IN GENERAL.—Within 90 days after the date of

22 enactment of this Act, the Secretary of Homeland Security

23 shall issue the strategic plan the Secretary was required

24 by section 44925(a) of title 49, United States Code, to

25 have issued within 90 days after the date of enactment
†

390

S 4 ES

1 of the Intelligence Reform and Terrorism Prevention Act

2 of 2004.

3 (b) DEPLOYMENT.—Section 44925(b) of title 49,

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

5 following:

6 ‘‘(3) FULL DEPLOYMENT.—The Secretary shall

7 begin full implementation of the strategic plan with8 in 1 year after the date of enactment of the Trans9 portation Security and Interoperable Communication

10 Capabilities Act.’’.

11 SEC. 1471. APPEAL AND REDRESS PROCESS FOR PAS12 SENGERS WRONGLY DELAYED OR PROHIB13 ITED FROM BOARDING A FLIGHT.

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

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

16 is amended by adding at the end the following:

17 ‘‘SEC. 432. APPEAL AND REDRESS PROCESS FOR PAS18 SENGERS WRONGLY DELAYED OR PROHIB19 ITED FROM BOARDING A FLIGHT.

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

21 timely and fair process for individuals who believe they

22 have been delayed or prohibited from boarding a commer23 cial aircraft because they were wrongly identified as a

24 threat under the regimes utilized by the Transportation
†

391

S 4 ES

1 Security Administration, the Bureau of Customs and Bor2 der Protection, or any other Department entity.

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

4 ‘‘(1) ESTABLISHMENT.—The Secretary shall es5 tablish an Office of Appeals and Redress to imple6 ment, coordinate, and execute the process estab7 lished by the Secretary pursuant to subsection (a).

8 The Office shall include representatives from the

9 Transportation Security Administration, U.S. Cus10 toms and Border Protection, and other agencies or

11 offices as appropriate.

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

13 Secretary pursuant to subsection (a) shall include

14 the establishment of a method by which the Office

15 of Appeals and Redress, under the direction of the

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

17 carrier passengers and other individuals who have

18 been misidentified and have corrected erroneous in19 formation.

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

21 delays of an misidentified passenger or other indi22 vidual, the Office of Appeals and Redress shall—

23 ‘‘(A) ensure that the records maintained

24 under this subsection contain information deter-
†

392

S 4 ES

1 mined by the Secretary to authenticate the

2 identity of such a passenger or individual;

3 ‘‘(B) furnish to the Transportation Secu4 rity Administration, the Bureau of Customs

5 and Border Protection, or any other appro6 priate Department entity, upon request, such

7 information as may be necessary to allow such

8 agencies to assist air carriers in improving their

9 administration of the advanced passenger

10 prescreening system and reduce the number of

11 false positives; and

12 ‘‘(C) require air carriers and foreign air

13 carriers take action to properly and automati14 cally identify passengers determined, under the

15 process established under subsection (a), to

16 have been wrongly identified.’’.

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

18 in section 1(b) of the Homeland Security Act of 2002 is

19 amended by inserting after the item relating to section

20 431 the following:

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

393

S 4 ES

1 SEC. 1472. STRATEGIC PLAN TO TEST AND IMPLEMENT AD2 VANCED PASSENGER PRESCREENING SYS3 TEM.

4 (a) IN GENERAL.—Not later than 180 days after the

5 date of enactment of this Act, the Secretary of Homeland

6 Security, in consultation with the Administrator of the

7 Transportation Security Administration, shall submit to

8 the Congress a plan that—

9 (1) describes the system to be utilized by the

10 Department of Homeland Security to assume the

11 performance of comparing passenger information, as

12 defined by the Administrator of the Transportation

13 Security Administration, to the automatic selectee

14 and no-fly lists, as well as the consolidated and inte15 grated terrorist watchlist maintained by the Federal

16 Government;

17 (2) provides a projected timeline for each phase

18 of testing and implementation of the system;

19 (3) explains how the system will be integrated

20 with the prescreening system for passengers on

21 international flights; and

22 (4) describes how the system complies with sec23 tion 552a of title 5, United States Code.

24 (b) GAO ASSESSMENT.—No later than 90 days after

25 the date of enactment of this Act, the Comptroller General

26 shall submit a report to the Senate Committee on Com-
†

394

S 4 ES

1 merce, Science, and Transportation and the House Com2 mittee on Homeland Security that—

3 (1) describes the progress made by the Trans4 portation Security Administration in implementing

5 the Secure Flight passenger pre-screening program;

6 (2) describes the effectiveness of the current ap7 peals process for passengers wrongly assigned to the

8 no-fly and terrorist watch lists;

9 (3) describes the Transportation Security Ad10 ministration’s plan to protect private passenger in11 formation and progress made in integrating the sys12 tem with the pre-screening program for international

13 flights operated by the Bureau of Customs and Bor14 der Protection;

15 (4) provides a realistic determination of when

16 the system will be completed; and

17 (5) includes any other relevant observations or

18 recommendations the Comptroller General deems ap19 propriate.

20 SEC. 1473. REPAIR STATION SECURITY.

21 (a) CERTIFICATION OF FOREIGN REPAIR STATIONS

22 SUSPENSION.—If the regulations required by section

23 44924(f) of title 49, United States Code, are not issued

24 within 90 days after the date of enactment of this Act,

25 the Administrator of the Federal Aviation Administration
†

395

S 4 ES

1 may not certify any foreign repair station under part 145

2 of title 14, Code of Federal Regulations, after such 90th

3 day unless the station was previously certified by the Ad4 ministration under that part.

5 (b) 6-MONTH DEADLINE FOR SECURITY REVIEW

6 AND AUDIT.—Subsections (a) and (d) of section 44924

7 of title 49, United States Code, are each amended by strik8 ing ‘‘18 months’’ and inserting ‘‘6 months’’.

9 SEC. 1474. GENERAL AVIATION SECURITY.

10 Section 44901 of title 49, United States Code, as

11 amended by section 1463, is amended by adding at the

12 end the following:

13 ‘‘(k) GENERAL AVIATION AIRPORT SECURITY PRO14 GRAM.—

15 ‘‘(1) IN GENERAL.—Within 1 year after the

16 date of enactment of the Transportation Security

17 and Interoperable Communication Capabilities Act,

18 the Administrator of the Transportation Security

19 Administration shall—

20 ‘‘(A) develop a standardized threat and

21 vulnerability assessment program for general

22 aviation airports (as defined in section

23 47134(m)); and
†

396

S 4 ES

1 ‘‘(B) implement a program to perform

2 such assessments on a risk-assessment basis at

3 general aviation airports.

4 ‘‘(2) GRANT PROGRAM.—Within 6 months after

5 date of enactment of the Transportation Security

6 and Interoperable Communication Capabilities Act,

7 the Administrator shall initiate and complete a study

8 of the feasibility of a program, based on a risk-man9 aged approach, to provide grants to general aviation

10 airport operators for projects to upgrade security at

11 general aviation airports (as defined in section

12 47134(m)). If the Administrator determines that

13 such a program is feasible, the Administrator shall

14 establish such a program.

15 ‘‘(3) APPLICATION TO FOREIGN-REGISTERED

16 GENERAL AVIATION AIRCRAFT.—Within 180 days

17 after the date of enactment of the Transportation

18 Security and Interoperable Communication Capabili19 ties Act, the Administrator shall develop a risk-based

20 system under which—

21 ‘‘(A) foreign-registered general aviation

22 aircraft, as identified by the Administrator, in

23 coordination with the Administrator of the Fed24 eral Aviation Administration, are required to

25 submit passenger information at the same time
†

397

S 4 ES

1 as, and in conjunction with, advance notifica2 tion requirements for Customs and Border Pro3 tection before entering United States airspace;

4 and

5 ‘‘(B) such information is checked against

6 appropriate databases maintained by the Trans7 portation Security Administration.

8 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

9 There are authorized to be appropriated to the Sec10 retary of Homeland Security such sums as may be

11 necessary to carry out any program established

12 under paragraph (2).’’.

13 SEC. 1475. SECURITY CREDENTIALS FOR AIRLINE CREWS.

14 Within 180 days after the date of enactment of this

15 Act, the Administrator of the Transportation Security Ad16 ministration shall, after consultation with airline, airport,

17 and flight crew representatives, transmit a report to the

18 Senate Committee on Commerce, Science, and Transpor19 tation and the House of Representatives Committee on

20 Transportation and Infrastructure on the status of its ef21 forts to institute a sterile area access system or method

22 that will enhance security by properly identifying author23 ized airline flight deck and cabin crew members at screen24 ing checkpoints and granting them expedited access

25 through screening checkpoints. The Administrator shall
†

398

S 4 ES

1 include in the report recommendations on the feasibility

2 of implementing the system for the domestic aviation in3 dustry beginning 1 year after the date on which the report

4 is submitted. The Administrator shall begin full implemen5 tation of the system or method not later than 1 year after

6 the date on which the Administrator transmits the report.

7 SEC. 1476. NATIONAL EXPLOSIVES DETECTION CANINE

8 TEAM TRAINING CENTER.

9 (a) IN GENERAL.—

10 (1) INCREASED TRAINING CAPACITY.—Within

11 180 days after the date of enactment of this Act, the

12 Secretary of Homeland Security shall begin to in13 crease the capacity of the Department of Homeland

14 Security’s National Explosives Detection Canine

15 Team Program at Lackland Air Force Base to ac16 commodate the training of up to 200 canine teams

17 annually by the end of calendar year 2008.

18 (2) EXPANSION DETAILED REQUIREMENTS.—

19 The expansion shall include upgrading existing fa20 cilities, procurement of additional canines, and in21 creasing staffing and oversight commensurate with

22 the increased training and deployment capabilities

23 required by paragraph (1).

24 (3) ULTIMATE EXPANSION.—The Secretary

25 shall continue to increase the training capacity and
†

399

S 4 ES

1 all other necessary program expansions so that by

2 December 31, 2009, the number of canine teams

3 sufficient to meet the Secretary’s homeland security

4 mission, as determined by the Secretary on an an5 nual basis, may be trained at this facility.

6 (b) ALTERNATIVE TRAINING CENTERS.—Based on

7 feasibility and to meet the ongoing demand for quality ex8 plosives detection canines teams, the Secretary shall ex9 plore the options of creating the following:

10 (1) A standardized Transportation Security Ad11 ministration approved canine program that private

12 sector entities could use to provide training for addi13 tional explosives detection canine teams. For any

14 such program, the Secretary—

15 (A) may coordinate with key stakeholders,

16 including international, Federal, State, local,

17 private sector and academic entities, to develop

18 best practice guidelines for such a standardized

19 program;

20 (B) shall require specific training criteria

21 to which private sector entities must adhere as

22 a condition of participating in the program; and

23 (C) shall review the status of these private

24 sector programs on at least an annual basis.
†

400

S 4 ES

1 (2) Expansion of explosives detection canine

2 team training to at least 2 additional national train3 ing centers, to be modeled after the Center of Excel4 lence established at Lackland Air Force Base.

5 (c) DEPLOYMENT.—The Secretary—

6 (1) shall use the additional explosives detection

7 canine teams as part of the Department’s layers of

8 enhanced mobile security across the Nation’s trans9 portation network and to support other homeland se10 curity programs, as deemed appropriate by the Sec11 retary; and

12 (2) may make available explosives detection ca13 nine teams to all modes of transportation, for areas

14 of high risk or to address specific threats, on an as15 needed basis and as otherwise deemed appropriate

16 by the Secretary.

17 SEC. 1477. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.

18 (a) IN GENERAL.—Paragraph (6) of section

19 44903(h) of title 49, United States Code, is amended to

20 read as follows:

21 ‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR

22 ARMED LAW ENFORCEMENT TRAVEL.—

23 ‘‘(A) IN GENERAL.—Not later than 1 year

24 after the date of enactment of the Improving
†

401

S 4 ES

1 America’s Security Act of 2007, the Secretary

2 of Homeland Security shall—

3 ‘‘(i) consult with the Attorney General

4 concerning implementation of this para5 graph;

6 ‘‘(ii) issue any necessary rulemaking

7 to implement this paragraph; and

8 ‘‘(iii) establishing a national reg9 istered armed law enforcement program for

10 law enforcement officers needing to be

11 armed when traveling by air.

12 ‘‘(B) PROGRAM REQUIREMENTS.—The pro13 gram shall—

14 ‘‘(i) establish a credential or a system

15 that incorporates biometric technology and

16 other applicable technologies;

17 ‘‘(ii) provide a flexible solution for law

18 enforcement officers who need to be armed

19 when traveling by air on a regular basis

20 and for those who need to be armed during

21 temporary travel assignments;

22 ‘‘(iii) be coordinated with other uni23 form credentialing initiatives including the

24 Homeland Security Presidential Directive

25 12;
†

402

S 4 ES

1 ‘‘(iv) be applicable for all Federal,

2 State, local, tribal and territorial govern3 ment law enforcement agencies; and

4 ‘‘(v) establish a process by which the

5 travel credential or system may be used to

6 verify the identity, using biometric tech7 nology, of a Federal, State, local, tribal, or

8 territorial law enforcement officer seeking

9 to carry a weapon on board an aircraft,

10 without unnecessarily disclosing to the

11 public that the individual is a law enforce12 ment officer.

13 ‘‘(C) PROCEDURES.—In establishing the

14 program, the Secretary shall develop

15 procedures—

16 ‘‘(i) to ensure that only Federal,

17 State, local, tribal, and territorial govern18 ment law enforcement officers with a spe19 cific need to be armed when traveling by

20 air are issued a law enforcement travel cre21 dential;

22 ‘‘(ii) to preserve the anonymity of the

23 armed law enforcement officer without call24 ing undue attention to the individual’s

25 identity;
†

403

S 4 ES

1 ‘‘(iii) to resolve failures to enroll, false

2 matches, and false non-matches relating to

3 use of the law enforcement travel creden4 tial or system; and

5 ‘‘(iv) to invalidate any law enforce6 ment travel credential or system that is

7 lost, stolen, or no longer authorized for

8 use.’’.

9 (b) REPORT.—Within 180 days after implementing

10 the national registered armed law enforcement program

11 required by section 44903(h)(6) of title 49, United States

12 Code, the Secretary of Homeland Security shall transmit

13 a report to the Senate Committee on Commerce, Science,

14 and Transportation. If the Secretary has not implemented

15 the program within 180 days after the date of enactment

16 of this Act, the Secretary shall issue a report to the Com17 mittee within 180 days explaining the reasons for the fail18 ure to implement the program within the time required

19 by that section, and a further report within each succes20 sive 180-day period until the program is implemented ex21 plaining the reasons for such further delays in implemen22 tation until the program is implemented. The Secretary

23 shall submit each report required by this subsection in

24 classified format.
†

404

S 4 ES

1 SEC. 1478. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

2 The Assistant Secretary of Homeland Security

3 (Transportation Security Administration), shall establish

4 a pilot program at a small hub airport, a medium hub

5 airport, and a large hub airport (as those terms are de6 fined in paragraphs (42), (31), and (29), respectively, of

7 section 40102 of title 49, United States Code) for training

8 students to perform screening of passengers and property

9 under section 44901 of title 49, United States Code. The

10 program shall be an internship for pre-employment train11 ing of final-year students from public and private sec12 ondary schools located in nearby communities. Under the

13 program, participants shall perform only those security re14 sponsibilities determined to be appropriate for their age

15 and in accordance with applicable law and shall be com16 pensated for training and services time while participating

17 in the program.

18 SEC. 1479. PILOT PROJECT TO REDUCE THE NUMBER OF

19 TRANSPORTATION SECURITY OFFICERS AT

20 AIRPORT EXIT LANES.

21 (a) IN GENERAL.—The Administrator of the Trans22 portation Security Administration (referred to in this sec23 tion as the ‘‘Administrator’’) shall conduct a pilot program

24 to identify technological solutions for reducing the number

25 of Transportation Security Administration employees at

26 airport exit lanes.
†

405

S 4 ES

1 (b) PROGRAM COMPONENTS.—In conducting the

2 pilot program under this section, the Administrator

3 shall—

4 (1) utilize different technologies that protect

5 the integrity of the airport exit lanes from unauthor6 ized entry; and

7 (2) work with airport officials to deploy such

8 technologies in multiple configurations at a selected

9 airport or airports at which some of the exits are not

10 co-located with a screening checkpoint.

11 (c) REPORTS.—

12 (1) INITIAL BRIEFING.—Not later than 180

13 days after the enactment of this Act, the Adminis14 trator shall conduct a briefing to the congressional

15 committees set forth in paragraph (3) that

16 describes—

17 (A) the airports selected to participate in

18 the pilot program;

19 (B) the potential savings from imple20 menting the technologies at selected airport

21 exits;

22 (C) the types of configurations expected to

23 be deployed at such airports; and

24 (D) the expected financial contribution

25 from each airport.
†

406

S 4 ES

1 (2) FINAL REPORT.—Not later than 1 year

2 after the technologies are deployed at the airports

3 participating in the pilot program, the Administrator

4 shall submit a final report to the congressional com5 mittees described in paragraph (3) that describes—

6 (A) the security measures deployed;

7 (B) the projected cost savings; and

8 (C) the efficacy of the program and its ap9 plicability to other airports in the United

10 States.

11 (3) CONGRESSIONAL COMMITTEES.—The re12 ports required under this subsection shall be sub13 mitted to—

14 (A) the Committee on Commerce, Science,

15 and Transportation of the Senate;

16 (B) the Committee on Appropriations of

17 the Senate;

18 (C) the Committee on Homeland Security

19 and Governmental Affairs of the Senate;

20 (D) the Committee on Homeland Security

21 of the House of Representatives; and

22 (E) the Committee on Appropriations of

23 the House of Representatives.

24 (d) USE OF EXISTING FUNDS.—Provisions contained

25 within this section will be executed using existing funds.
†

407

S 4 ES

1 Subtitle C—Interoperable

2 Emergency Communications

3 SEC. 1481. INTEROPERABLE EMERGENCY COMMUNICA4 TIONS.

5 (a) IN GENERAL.—Section 3006 of Public Law 109–

6 171 (47 U.S.C. 309 note) is amended—

7 (1) by striking paragraphs (1) and (2) of sub8 section (a) and inserting the following:

9 ‘‘(1) may take such administrative action as is

10 necessary to establish and implement a grant pro11 gram to assist public safety agencies—

12 ‘‘(A) in conducting statewide or regional

13 planning and coordination to improve the inter14 operability of emergency communications;

15 ‘‘(B) in supporting the design and engi16 neering of interoperable emergency communica17 tions systems;

18 ‘‘(C) in supporting the acquisition or de19 ployment of interoperable communications

20 equipment, software, or systems that improve

21 or advance the interoperability with public safe22 ty communications systems;

23 ‘‘(D) in obtaining technical assistance and

24 conducting training exercises related to the use
†

408

S 4 ES

1 of interoperable emergency communications

2 equipment and systems; and

3 ‘‘(E) in establishing and implementing a

4 strategic technology reserve to pre-position or

5 secure interoperable communications in advance

6 for immediate deployment in an emergency or

7 major disaster (as defined in section 102(2) of

8 Public Law 93–288 (42 U.S.C. 5122)); and

9 ‘‘(2) shall make payments of not to exceed

10 $1,000,000,000, in the aggregate, through fiscal

11 year 2010 from the Digital Television Transition

12 and Public Safety Fund established under section

13 309(j)(8)(E) of the Communications Act of 1934

14 (47 U.S.C. 309(j)(8)(E)) to carry out the grant pro15 gram established under paragraph (1), of which not

16 more than $100,000,000, in the aggregate, may be

17 allocated for grants under paragraph (1)(E).’’;

18 (2) by redesignating subsections (b), (c), and

19 (d) as subsections (l), (m), and (n), respectively, and

20 inserting after subsection (a) the following:

21 ‘‘(b) EXPEDITED IMPLEMENTATION.—Pursuant to

22 section 4 of the Call Home Act of 2006, no less than

23 $1,000,000,000 shall be awarded for grants under sub24 section (a) no later than September 30, 2007, subject to
†

409

S 4 ES

1 the receipt of qualified applications as determined by the

2 Assistant Secretary.

3 ‘‘(c) ALLOCATION OF FUNDS.—In awarding grants

4 under subparagraphs (A) through (D) of subsection

5 (a)(1), the Assistant Secretary shall ensure that grant

6 awards—

7 ‘‘(1) result in distributions to public safety enti8 ties among the several States that are consistent

9 with section 1014(c)(3) of the USA PATRIOT ACT

10 (42 U.S.C. 3714(c)(3)); and

11 ‘‘(2) are prioritized based upon threat and risk

12 factors that reflect an all-hazards approach to com13 munications preparedness and that takes into ac14 count the risks associated with, and the likelihood of

15 the occurrence of, terrorist attacks or natural catas16 trophes (including, but not limited to, hurricanes,

17 tornados, storms, high water, winddriven water, tidal

18 waves, tsunami, earthquakes, volcanic eruptions,

19 landslides, mudslides, snow and ice storms, forest

20 fires, or droughts) in a State.

21 ‘‘(d) ELIGIBILITY.—To be eligible for assistance

22 under the grant program established under subsection (a),

23 an applicant shall submit an application, at such time, in

24 such form, and containing such information as the Assist25 ant Secretary may require, including—
†

410

S 4 ES

1 ‘‘(1) a detailed explanation of how assistance

2 received under the program would be used to im3 prove regional, State, or local communications inter4 operability and ensure interoperability with other ap5 propriate public safety agencies in an emergency or

6 a major disaster; and

7 ‘‘(2) assurance that the equipment and system

8 would—

9 ‘‘(A) be compatible with the communica10 tions architecture developed under section

11 7303(a)(1)(E) of the Intelligence Reform and

12 Terrorism Prevention Act of 2004 (6 U.S.C.

13 194(a)(1)(E));

14 ‘‘(B) meet any voluntary consensus stand15 ards developed under section 7303(a)(1)(D) of

16 that Act (6 U.S.C. 194(a)(1)(D)) to the extent

17 that such standards exist for a given category

18 of equipment; and

19 ‘‘(C) be consistent with the common grant

20 guidance established under section

21 7303(a)(1)(H) of that Act (6 U.S.C.

22 194(a)(1)(H)).

23 ‘‘(e) CRITERIA FOR CERTAIN GRANTS.—In awarding

24 grants under subparagraphs (A) through (D) of sub25 section (a)(1), the Assistant Secretary shall ensure that
†

411

S 4 ES

1 all grants funded are consistent with Federal grant guid2 ance established by the SAFECOM Program within the

3 Department of Homeland Security.

4 ‘‘(f) CRITERIA FOR STRATEGIC TECHNOLOGY RE5 SERVE GRANTS.—

6 ‘‘(1) IN GENERAL.—In awarding grants under

7 subsection (a)(1)(E), the Assistant Secretary shall

8 consider the continuing technological evolution of

9 communications technologies and devices, with its

10 implicit risk of obsolescence, and shall ensure, to the

11 maximum extent feasible, that a substantial part of

12 the reserve involves prenegotiated contracts and

13 other arrangements for rapid deployment of equip14 ment, supplies, and systems (and communications

15 service related to such equipment, supplies, and sys16 tems), rather than the warehousing or storage of

17 equipment and supplies currently available at the

18 time the reserve is established.

19 ‘‘(2) REQUIREMENTS AND CHARACTERISTICS.—

20 A reserve established under paragraph (1) shall—

21 ‘‘(A) be capable of re-establishing commu22 nications when existing infrastructure is dam23 aged or destroyed in an emergency or a major

24 disaster;
†

412

S 4 ES

1 ‘‘(B) include appropriate current, widely2 used equipment, such as Land Mobile Radio

3 Systems, cellular telephones and satellite-en4 abled equipment (and related communications

5 service), Cells-On-Wheels, Cells-On-Light6 Trucks, or other self-contained mobile cell sites

7 that can be towed, backup batteries, generators,

8 fuel, and computers;

9 ‘‘(C) include equipment on hand for the

10 Governor of each State, key emergency response

11 officials, and appropriate State or local per12 sonnel;

13 ‘‘(D) include contracts (including

14 prenegotiated contracts) for rapid delivery of

15 the most current technology available from

16 commercial sources; and

17 ‘‘(E) include arrangements for training to

18 ensure that personnel are familiar with the op19 eration of the equipment and devices to be de20 livered pursuant to such contracts.

21 ‘‘(3) ADDITIONAL CHARACTERISTICS.—Portions

22 of the reserve may be virtual and may include items

23 donated on an in-kind contribution basis.

24 ‘‘(4) CONSULTATION.—In developing the re25 serve, the Assistant Secretary shall seek advice from
†

413

S 4 ES

1 the Secretary of Defense and the Secretary of

2 Homeland Security, as well as national public safety

3 organizations, emergency managers, State, local, and

4 tribal governments, and commercial providers of

5 such systems and equipment.

6 ‘‘(5) ALLOCATION AND USE OF FUNDS.—The

7 Assistant Secretary shall allocate—

8 ‘‘(A) a portion of the reserve’s funds for

9 block grants to States to enable each State to

10 establish a strategic technology reserve within

11 its borders in a secure location to allow imme12 diate deployment; and

13 ‘‘(B) a portion of the reserve’s funds for

14 regional Federal strategic technology reserves

15 to facilitate any Federal response when nec16 essary, to be held in each of the Federal Emer17 gency Management Agency’s regional offices,

18 including Boston, Massachusetts (Region 1),

19 New York, New York (Region 2), Philadelphia,

20 Pennsylvania (Region 3), Atlanta, Georgia (Re21 gion 4), Chicago, Illinois (Region 5), Denton,

22 Texas (Region 6), Kansas City, Missouri (Re23 gion 7), Denver, Colorado (Region 8), Oakland,

24 California (Region 9), Bothell, Washington (Re-
†

414

S 4 ES

1 gion 10), and each of the noncontiguous States

2 for immediate deployment.

3 ‘‘(g) VOLUNTARY CONSENSUS STANDARDS.—In car4 rying out this section, the Assistant Secretary, in coopera5 tion with the Secretary of Homeland Security shall iden6 tify and, if necessary, encourage the development and im7 plementation of, voluntary consensus standards for inter8 operable communications systems to the greatest extent

9 practicable, but shall not require any such standard.

10 ‘‘(h) USE OF ECONOMY ACT.—In implementing the

11 grant program established under subsection (a)(1), the

12 Assistant Secretary may seek assistance from other Fed13 eral agencies in accordance with section 1535 of title 31,

14 United States Code.

15 ‘‘(i) INSPECTOR GENERAL REPORT.—Beginning with

16 the first fiscal year beginning after the date of enactment

17 of the Transportation Security and Interoperable Commu18 nication Capabilities Act, the Inspector General of the De19 partment of Commerce shall conduct an annual assess20 ment of the management of the grant program imple21 mented under subsection (a)(1) and transmit a report con22 taining the findings of that assessment and any rec23 ommendations related thereto to the Senate Committee on

24 Commerce, Science, and Transportation and the House of

25 Representatives Committee on Energy and Commerce.
†

415

S 4 ES

1 ‘‘(j) DEADLINE FOR IMPLEMENTATION PROGRAM

2 RULES.—Within 90 days after the date of enactment of

3 the Transportation Security and Interoperable Commu4 nication Capabilities Act, the Assistant Secretary, in con5 sultation with the Secretary of Homeland Security and the

6 Federal Communications Commission, shall promulgate

7 final program rules for the implementation of this section.

8 ‘‘(k) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed or interpreted to preclude the use

10 of funds under this section by any public safety agency

11 for interim or long-term Internet Protocol-based interoper12 able solutions, notwithstanding compliance with the

13 Project 25 standard.’’; and

14 (3) by striking paragraph (3) of subsection (n),

15 as so redesignated.

16 (b) FCC REPORT ON EMERGENCY COMMUNICATIONS

17 BACK-UP SYSTEM.—

18 (1) IN GENERAL.—Not later than 1 year after

19 the date of enactment of this Act, the Federal Com20 munications Commission, in coordination with the

21 Assistant Secretary of Commerce for Communica22 tions and Information and the Secretary of Home23 land Security, shall evaluate the technical feasibility

24 of creating a back-up emergency communications

25 system that complements existing communications
†

416

S 4 ES

1 resources and takes into account next generation

2 and advanced telecommunications technologies. The

3 overriding objective for the evaluation shall be pro4 viding a framework for the development of a resil5 ient interoperable communications system for emer6 gency responders in an emergency. The Commission

7 shall evaluate all reasonable options, including sat8 ellites, wireless, and terrestrial-based communica9 tions systems and other alternative transport mecha10 nisms that can be used in tandem with existing tech11 nologies.

12 (2) FACTORS TO BE EVALUATED.—The evalua13 tion under paragraph (1) shall include—

14 (A) a survey of all Federal agencies that

15 use terrestrial or satellite technology for com16 munications security and an evaluation of the

17 feasibility of using existing systems for the pur18 pose of creating such an emergency back-up

19 public safety communications system;

20 (B) the feasibility of using private satellite,

21 wireless, or terrestrial networks for emergency

22 communications;

23 (C) the technical options, cost, and deploy24 ment methods of software, equipment, handsets

25 or desktop communications devices for public
†

417

S 4 ES

1 safety entities in major urban areas, and na2 tionwide; and

3 (D) the feasibility and cost of necessary

4 changes to the network operations center of ter5 restrial-based or satellite systems to enable the

6 centers to serve as emergency back-up commu7 nications systems.

8 (3) REPORT.—Upon the completion of the eval9 uation under subsection (a), the Commission shall

10 submit a report to Congress that details the findings

11 of the evaluation, including a full inventory of exist12 ing public and private resources most efficiently ca13 pable of providing emergency communications.

14 (c) JOINT ADVISORY COMMITTEE ON COMMUNICA15 TIONS CAPABILITIES OF EMERGENCY MEDICAL CARE FA16 CILITIES.—

17 (1) ESTABLISHMENT.—The Assistant Secretary

18 of Commerce for Communications and Information

19 and the Chairman of Federal Communications Com20 mission, in consultation with the Secretary of Home21 land Security and the Secretary of Health and

22 Human Services, shall establish a joint advisory

23 committee to examine the communications capabili24 ties and needs of emergency medical care facilities.

25 The joint advisory committee shall be composed of
†

418

S 4 ES

1 individuals with expertise in communications tech2 nologies and emergency medical care, including rep3 resentatives of Federal, State and local governments,

4 industry and non-profit health organizations, and

5 academia and educational institutions.

6 (2) DUTIES.—The joint advisory committee

7 shall—

8 (A) assess specific communications capa9 bilities and needs of emergency medical care fa10 cilities, including the including improvement of

11 basic voice, data, and broadband capabilities;

12 (B) assess options to accommodate growth

13 of basic and emerging communications services

14 used by emergency medical care facilities;

15 (C) assess options to improve integration

16 of communications systems used by emergency

17 medical care facilities with existing or future

18 emergency communications networks; and

19 (D) report its findings to the Senate Com20 mittee on Commerce, Science, and Transpor21 tation and the House of Representatives Com22 mittee on Energy and Commerce, within 6

23 months after the date of enactment of this Act.

24 (d) AUTHORIZATION OF EMERGENCY MEDICAL COM25 MUNICATIONS PILOT PROJECTS.—
†

419

S 4 ES

1 (1) IN GENERAL.—The Assistant Secretary of

2 Commerce for Communications and Information

3 may establish not more than 10 geographically dis4 persed project grants to emergency medical care fa5 cilities to improve the capabilities of emergency com6 munications systems in emergency medical care fa7 cilities.

8 (2) MAXIMUM AMOUNT.—The Assistant Sec9 retary may not provide more than $2,000,000 in

10 Federal assistance under the pilot program to any

11 applicant.

12 (3) COST SHARING.—The Assistant Secretary

13 may not provide more than 50 percent of the cost,

14 incurred during the period of the grant, of any

15 project under the pilot program.

16 (4) MAXIMUM PERIOD OF GRANTS.—The As17 sistant Secretary may not fund any applicant under

18 the pilot program for more than 3 years.

19 (5) DEPLOYMENT AND DISTRIBUTION.—The

20 Assistant Secretary shall seek to the maximum ex21 tent practicable to ensure a broad geographic dis22 tribution of project sites.

23 (6) TRANSFER OF INFORMATION AND KNOWL24 EDGE.—The Assistant Secretary shall establish

25 mechanisms to ensure that the information and
†

420

S 4 ES

1 knowledge gained by participants in the pilot pro2 gram are transferred among the pilot program par3 ticipants and to other interested parties, including

4 other applicants that submitted applications.

5 SEC. 1482. RULE OF CONSTRUCTION.

6 (a) IN GENERAL.—Title VI of the Post-Katrina

7 Emergency Management Reform Act of 2006 (Public Law

8 109–295) is amended by adding at the end the following:

9 ‘‘SEC. 699B. RULE OF CONSTRUCTION.

10 ‘‘Nothing in this title, including the amendments

11 made by this title, may be construed to reduce or other12 wise limit the authority of the Department of Commerce

13 or the Federal Communications Commission.’’.

14 (b) EFFECTIVE DATE.—The amendment made by

15 this section shall take effect as though enacted as part

16 of the Department of Homeland Security Appropriations

17 Act, 2007.

18 SEC. 1483. CROSS BORDER INTEROPERABILITY REPORTS.

19 (a) IN GENERAL.—Not later than 90 days after the

20 date of enactment of this Act, the Federal Communica21 tions Commission, in conjunction with the Department of

22 Homeland Security, the Office of Management of Budget,

23 and the Department of State shall report to the Senate

24 Committee on Commerce, Science, and Transportation
†

421

S 4 ES

1 and the House of Representatives Committee on Energy

2 and Commerce on—

3 (1) the status of the mechanism established by

4 the President under section 7303(c) of the Intel5 ligence Reform and Terrorism Prevention Act of

6 2004 (6 U.S.C. 194(c)) for coordinating cross bor7 der interoperability issues between—

8 (A) the United States and Canada; and

9 (B) the United States and Mexico;

10 (2) the status of treaty negotiations with Can11 ada and Mexico regarding the coordination of the re12 banding of 800 megahertz radios, as required under

13 the final rule of the Federal Communication Com14 mission in the ‘‘Private Land Mobile Services; 800

15 MHz Public Safety Interface Proceeding’’ (WT

16 Docket No. 02–55; ET Docket No. 00–258; ET

17 Docket No. 95–18, RM–9498; RM–10024; FCC 04–

18 168,) including the status of any outstanding issues

19 in the negotiations between—

20 (A) the United States and Canada; and

21 (B) the United States and Mexico;

22 (3) communications between the Commission

23 and the Department of State over possible amend24 ments to the bilateral legal agreements and protocols

25 that govern the coordination process for license ap-
†

422

S 4 ES

1 plications seeking to use channels and frequencies

2 above Line A;

3 (4) the annual rejection rate for the last 5

4 years by the United States of applications for new

5 channels and frequencies by Canadian private and

6 public entities; and

7 (5) any additional procedures and mechanisms

8 that can be taken by the Commission to decrease the

9 rejection rate for applications by United States pri10 vate and public entities seeking licenses to use chan11 nels and frequencies above Line A.

12 (b) UPDATED REPORTS TO BE FILED ON THE STA13 TUS OF TREATY OF NEGOTIATIONS.—The Federal Com14 munications Commission, in conjunction with the Depart15 ment of Homeland Security, the Office of Management of

16 Budget, and the Department of State shall continually

17 provide updated reports to the Committee on Commerce,

18 Science, and Transportation of the Senate and the Com19 mittee on Energy and Commerce of the House of Rep20 resentatives on the status of treaty negotiations under

21 subsection (a)(2) until the appropriate United States trea22 ty has been revised with each of—

23 (1) Canada; and

24 (2) Mexico.
†

423

S 4 ES

1 (c) INTERNATIONAL NEGOTIATIONS TO REMEDY

2 SITUATION.—Not later than 90 days after the date of en3 actment of this Act, the Secretary of the Department of

4 State shall report to Congress on—

5 (1) the current process for considering applica6 tions by Canada for frequencies and channels by

7 United States communities above Line A;

8 (2) the status of current negotiations to reform

9 and revise such process;

10 (3) the estimated date of conclusion for such

11 negotiations;

12 (4) whether the current process allows for auto13 matic denials or dismissals of initial applications by

14 the Government of Canada, and whether such deni15 als or dismissals are currently occurring; and

16 (5) communications between the Department of

17 State and the Federal Communications Commission

18 pursuant to subsection (a)(3).

19 SEC. 1484. EXTENSION OF SHORT QUORUM.

20 Notwithstanding section 4(d) of the Consumer Prod21 uct Safety Act (15 U.S.C. 2053(d)), 2 members of the

22 Consumer Product Safety Commission, if they are not af23 filiated with the same political party, shall constitute a

24 quorum for the 6-month period beginning on the date of

25 enactment of this Act.
†

424

S 4 ES

1 SEC. 1485. REQUIRING REPORTS TO BE SUBMITTED TO

2 CERTAIN COMMITTEES.

3 (a) SENATE COMMERCE, SCIENCE, AND TRANSPOR4 TATION COMMITTEE.—The Committee on Commerce,

5 Science, and Transportation of the Senate shall receive the

6 reports required by the following provisions of law in the

7 same manner and to the same extent that the reports are

8 to be received by the Committee on Homeland Security

9 and Governmental Affairs of the Senate:

10 (1) Section 1016(j)(1) of the Intelligence Re11 form and Terrorist Prevention Act of 2004 (6

12 U.S.C. 485(j)(1)).

13 (2) Section 121(c) of this Act.

14 (3) Section 2002(d)(3) of the Homeland Secu15 rity Act of 2002, as added by section 202 of this

16 Act.

17 (4) Subsections (a) and (b)(5) of section 2009

18 of the Homeland Security Act of 2002, as added by

19 section 202 of this Act.

20 (5) Section 302(d) of this Act.

21 (6) Section 7215(d) of the Intelligence Reform

22 and Terrorism Prevention Act of 2004 (6 U.S.C.

23 123(d)).

24 (7) Section 7209(b)(1)(C) of the Intelligence

25 Reform and Terrorism Prevention Act of 2004 (8

26 U.S.C. 1185 note).
†

425

S 4 ES

1 (8) Section 604(c) of this Act.

2 (9) Section 806 of this Act.

3 (10) Section 903(d) of this Act.

4 (11) Section 510(a)(7) of the Homeland Secu5 rity Act of 2002 (6 U.S.C. 320(a)(7)).

6 (12) Section 510(b)(7) of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 320(b)(7)).

8 (13) Section 1102(b) of this Act.

9 (b) SENATE COMMITTEE ON HOMELAND SECURITY

10 AND GOVERNMENTAL AFFAIRS.—The Committee on

11 Homeland Security and Governmental Affairs of the Sen12 ate shall receive the reports required by the following pro13 visions of law in the same manner and to the same extent

14 that the reports are to be received by the Committee on

15 Commerce, Science, and Transportation of the Senate:

16 (1) Section 1421(c) of this Act.

17 (2) Section 1423(f)(3)(A) of this Act.

18 (3) Section 1428 of this Act.

19 (4) Section 1429(d) of this Act.

20 (5) Section 114(v)(4)(A)(i) of title 49, United

21 States Code.

22 (6) Section 1441(a)(7) of this Act.

23 (7) Section 1441(b)(2) of this Act.

24 (8) Section 1445 of this Act.

25 (9) Section 1446(f) of this Act.
†

426

S 4 ES

1 (10) Section 1447(f)(1) of this Act.

2 (11) Section 1448(d)(1) of this Act.

3 (12) Section 1466(b)(3) of this Act.

4 (13) Section 1472(b) of this Act.

5 (14) Section 1475 of this Act.

6 (15) Section 3006(i) of the Digital Television

7 Transition and Public Safety Act of 2005 (47

8 U.S.C. 309 note).

9 (16) Section 1481(c) of this Act.

10 (17) Subsections (a) and (b) of section 1483 of

11 this Act.

12 TITLE XV—PUBLIC TRANSPOR13 TATION TERRORISM PREVEN14 TION

15 SEC. 1501. SHORT TITLE.

16 This title may be cited as the ‘‘Public Transportation

17 Terrorism Prevention Act of 2007’’.

18 SEC. 1502. FINDINGS.

19 Congress finds that—

20 (1) 182 public transportation systems through21 out the world have been primary target of terrorist

22 attacks;

23 (2) more than 6,000 public transportation

24 agencies operate in the United States;
†

427

S 4 ES

1 (3) people use public transportation vehicles

2 33,000,000 times each day;

3 (4) the Federal Transit Administration has in4 vested $84,800,000,000 since 1992 for construction

5 and improvements;

6 (5) the Federal Government appropriately in7 vested nearly $24,000,000,000 in fiscal years 2002

8 through 2006 to protect our Nation’s aviation sys9 tem;

10 (6) the Federal Government has allocated

11 $386,000,000 in fiscal years 2003 through 2006 to

12 protect public transportation systems in the United

13 States; and

14 (7) the Federal Government has invested $7.53

15 in aviation security improvements per passenger

16 boarding, but only $0.008 in public transportation

17 security improvements per passenger boarding.

18 SEC. 1503. SECURITY ASSESSMENTS.

19 (a) PUBLIC TRANSPORTATION SECURITY ASSESS20 MENTS.—

21 (1) SUBMISSION.—Not later than 30 days after

22 the date of the enactment of this Act, the Federal

23 Transit Administration of the Department of Trans24 portation shall submit all public transportation secu-
†

428

S 4 ES

1 rity assessments and all other relevant information

2 to the Secretary.

3 (2) REVIEW.—Not later than July 31, 2007,

4 the Secretary shall review and augment the security

5 assessments received under paragraph (1).

6 (3) ALLOCATIONS.—The Secretary shall use the

7 security assessments received under paragraph (1)

8 as the basis for allocating grant funds under section

9 1504, unless the Secretary notifies the Committee

10 on Banking, Housing, and Urban Affairs of the Sen11 ate that the Secretary has determined an adjustment

12 is necessary to respond to an urgent threat or other

13 significant factors.

14 (4) SECURITY IMPROVEMENT PRIORITIES.—Not

15 later than September 30, 2007, the Secretary, after

16 consultation with the management and employee

17 representatives of each public transportation system

18 for which a security assessment has been received

19 under paragraph (1) and with appropriate State and

20 local officials, shall establish security improvement

21 priorities that will be used by public transportation

22 agencies for any funding provided under section

23 1504.

24 (5) UPDATES.—Not later than July 31, 2008,

25 and annually thereafter, the Secretary shall—
†

429

S 4 ES

1 (A) update the security assessments re2 ferred to in this subsection; and

3 (B) conduct security assessments of all

4 public transportation agencies considered to be

5 at greatest risk of a terrorist attack.

6 (b) USE OF SECURITY ASSESSMENT INFORMA7 TION.—The Secretary shall use the information collected

8 under subsection (a)—

9 (1) to establish the process for developing secu10 rity guidelines for public transportation security; and

11 (2) to design a security improvement strategy

12 that—

13 (A) minimizes terrorist threats to public

14 transportation systems; and

15 (B) maximizes the efforts of public trans16 portation systems to mitigate damage from ter17 rorist attacks.

18 (c) BUS AND RURAL PUBLIC TRANSPORTATION SYS19 TEMS.—Not later than July 31, 2007, the Secretary shall

20 conduct security assessments, appropriate to the size and

21 nature of each system, to determine the specific needs of—

22 (1) local bus-only public transportation systems;

23 and
†

430

S 4 ES

1 (2) selected public transportation systems that

2 receive funds under section 5311 of title 49, United

3 States Code.

4 SEC. 1504. SECURITY ASSISTANCE GRANTS.

5 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.—

6 (1) IN GENERAL.—The Secretary shall award

7 grants directly to public transportation agencies for

8 allowable capital security improvements based on the

9 priorities established under section 1503(a)(4).

10 (2) ALLOWABLE USE OF FUNDS.—Grants

11 awarded under paragraph (1) may be used for—

12 (A) tunnel protection systems;

13 (B) perimeter protection systems;

14 (C) redundant critical operations control

15 systems;

16 (D) chemical, biological, radiological, or ex17 plosive detection systems;

18 (E) surveillance equipment;

19 (F) communications equipment;

20 (G) emergency response equipment;

21 (H) fire suppression and decontamination

22 equipment;

23 (I) global positioning or automated vehicle

24 locator type system equipment;

25 (J) evacuation improvements; and
†

431

S 4 ES

1 (K) other capital security improvements.

2 (b) OPERATIONAL SECURITY ASSISTANCE PRO3 GRAM.—

4 (1) IN GENERAL.—The Secretary shall award

5 grants directly to public transportation agencies for

6 allowable operational security improvements based

7 on the priorities established under section

8 1503(a)(4).

9 (2) ALLOWABLE USE OF FUNDS.—Grants

10 awarded under paragraph (1) may be used for—

11 (A) security training for public transpor12 tation employees, including bus and rail opera13 tors, mechanics, customer service, maintenance

14 employees, transit police, and security per15 sonnel;

16 (B) live or simulated drills;

17 (C) public awareness campaigns for en18 hanced public transportation security;

19 (D) canine patrols for chemical, biological,

20 or explosives detection;

21 (E) overtime reimbursement for enhanced

22 security personnel during significant national

23 and international public events, consistent with

24 the priorities established under section

25 1503(a)(4); and
†

432

S 4 ES

1 (F) other appropriate security improve2 ments identified under section 1503(a)(4), ex3 cluding routine, ongoing personnel costs.

4 (c) COORDINATION WITH STATE HOMELAND SECU5 RITY PLANS.—In establishing security improvement prior6 ities under section 1503(a)(4) and in awarding grants for

7 capital security improvements and operational security im8 provements under subsections (a) and (b), respectively,

9 the Secretary shall ensure that the actions of the Sec10 retary are consistent with relevant State homeland secu11 rity plans.

12 (d) MULTI-STATE TRANSPORTATION SYSTEMS.—In

13 cases where a public transportation system operates in

14 more than 1 State, the Secretary shall give appropriate

15 consideration to the risks of the entire system, including

16 those portions of the States into which the system crosses,

17 in establishing security improvement priorities under sec18 tion 1503(a)(4), and in awarding grants for capital secu19 rity improvements and operational security improvements

20 under subsections (a) and (b), respectively.

21 (e) CONGRESSIONAL NOTIFICATION.—Not later than

22 3 days before the award of any grant under this section,

23 the Secretary shall notify the Committee on Homeland Se24 curity and Governmental Affairs and the Committee on
†

433

S 4 ES

1 Banking, Housing, and Urban Affairs of the Senate of the

2 intent to award such grant.

3 (f) PUBLIC TRANSPORTATION AGENCY RESPON4 SIBILITIES.—Each public transportation agency that re5 ceives a grant under this section shall—

6 (1) identify a security coordinator to coordinate

7 security improvements;

8 (2) develop a comprehensive plan that dem9 onstrates the agency’s capacity for operating and

10 maintaining the equipment purchased under this

11 section; and

12 (3) report annually to the Secretary on the use

13 of grant funds received under this section.

14 (g) RETURN OF MISSPENT GRANT FUNDS.—If the

15 Secretary determines that a grantee used any portion of

16 the grant funds received under this section for a purpose

17 other than the allowable uses specified for that grant

18 under this section, the grantee shall return any amount

19 so used to the Treasury of the United States.

20 SEC. 1505. PUBLIC TRANSPORTATION SECURITY TRAINING

21 PROGRAM.

22 (a) IN GENERAL.—Not later than 90 days after the

23 date of enactment of this section, the Secretary, in con24 sultation with appropriate law enforcement, security, and

25 terrorism experts, representatives of public transportation
†

434

S 4 ES

1 owners and operators, and nonprofit employee organiza2 tions that represent public transportation workers, shall

3 develop and issue detailed regulations for a public trans4 portation worker security training program to prepare

5 public transportation workers, including front-line transit

6 employees such as bus and rail operators, mechanics, cus7 tomer service employees, maintenance employees, transit

8 police, and security personnel, for potential threat condi9 tions.

10 (b) PROGRAM ELEMENTS.—The regulations devel11 oped under subsection (a) shall require such a program

12 to include, at a minimum, elements that address the fol13 lowing:

14 (1) Determination of the seriousness of any oc15 currence.

16 (2) Crew and passenger communication and co17 ordination.

18 (3) Appropriate responses to defend oneself.

19 (4) Use of protective devices.

20 (5) Evacuation procedures (including pas21 sengers, workers, the elderly and those with disabil22 ities).

23 (6) Psychology of terrorists to cope with hi24 jacker behavior and passenger responses.
†

435

S 4 ES

1 (7) Live situational training exercises regarding

2 various threat conditions, including tunnel evacu3 ation procedures.

4 (8) Any other subject the Secretary considers

5 appropriate.

6 (c) REQUIRED PROGRAMS.—

7 (1) IN GENERAL.—Not later than 90 days after

8 the Secretary issues regulations under subsection (a)

9 in final form, each public transportation system that

10 receives a grant under this title shall develop a pub11 lic transportation worker security training program

12 in accordance with those regulations and submit it

13 to the Secretary for approval.

14 (2) APPROVAL.—Not later than 30 days after

15 receiving a public transportation system’s program

16 under paragraph (1), the Secretary shall review the

17 program and approve it or require the public trans18 portation system to make any revisions the Sec19 retary considers necessary for the program to meet

20 the regulations requirements. A public transit agen21 cy shall respond to the Secretary’s comments within

22 30 days after receiving them.

23 (d) TRAINING.—

24 (1) IN GENERAL.—Not later than 1 year after

25 the Secretary approves the training program devel-
†

436

S 4 ES

1 oped by a public transportation system under sub2 section (c), the public transportation system owner

3 or operator shall complete the training of all public

4 transportation workers in accordance with that pro5 gram.

6 (2) REPORT.—The Secretary shall review im7 plementation of the training program of a represent8 ative sample of public transportation systems and

9 report to the Senate Committee on Banking, Hous10 ing and Urban Affairs, House of Representatives

11 Committee on Transportation and Infrastructure,

12 the Senate Homeland Security and Government Af13 fairs Committee and the House of Representatives

14 Committee on Homeland Security, on the number of

15 reviews conducted and the results. The Secretary

16 may submit the report in both classified and re17 dacted formats as necessary.

18 (e) UPDATES.—

19 (1) IN GENERAL.—The Secretary shall update

20 the training regulations issued under subsection (a)

21 from time to time to reflect new or different security

22 threats, and require public transportation systems to

23 revise their programs accordingly and provide addi24 tional training to their workers.
†

437

S 4 ES

1 (2) PROGRAM REVISIONS.—Each public transit

2 operator shall revise their program in accordance

3 with any regulations under paragraph (1) and pro4 vide additional training to their front-line workers

5 within a reasonable time after the regulations are

6 updated.

7 SEC. 1506. INTELLIGENCE SHARING.

8 (a) INTELLIGENCE SHARING.—The Secretary shall

9 ensure that the Department of Transportation receives ap10 propriate and timely notification of all credible terrorist

11 threats against public transportation assets in the United

12 States.

13 (b) INFORMATION SHARING ANALYSIS CENTER.—

14 (1) ESTABLISHMENT.—The Secretary shall pro15 vide sufficient financial assistance for the reasonable

16 costs of the Information Sharing and Analysis Cen17 ter for Public Transportation (referred to in this

18 subsection as the ‘‘ISAC’’) established pursuant to

19 Presidential Directive 63, to protect critical infra20 structure.

21 (2) PUBLIC TRANSPORTATION AGENCY PARTICI22 PATION.—The Secretary—

23 (A) shall require those public transpor24 tation agencies that the Secretary determines to
†

438

S 4 ES

1 be at significant risk of terrorist attack to par2 ticipate in the ISAC;

3 (B) shall encourage all other public trans4 portation agencies to participate in the ISAC;

5 and

6 (C) shall not charge a fee to any public

7 transportation agency for participating in the

8 ISAC.

9 SEC. 1507. RESEARCH, DEVELOPMENT, AND DEMONSTRA10 TION GRANTS AND CONTRACTS.

11 (a) GRANTS AND CONTRACTS AUTHORIZED.—The

12 Secretary, through the Homeland Security Advanced Re13 search Projects Agency in the Science and Technology Di14 rectorate and in consultation with the Federal Transit Ad15 ministration, shall award grants or contracts to public or

16 private entities to conduct research into, and demonstrate

17 technologies and methods to reduce and deter terrorist

18 threats or mitigate damages resulting from terrorist at19 tacks against public transportation systems.

20 (b) USE OF FUNDS.—Grants or contracts awarded

21 under subsection (a)—

22 (1) shall be coordinated with Homeland Secu23 rity Advanced Research Projects Agency activities;

24 and

25 (2) may be used to—
†

439

S 4 ES

1 (A) research chemical, biological, radio2 logical, or explosive detection systems that do

3 not significantly impede passenger access;

4 (B) research imaging technologies;

5 (C) conduct product evaluations and test6 ing; and

7 (D) research other technologies or methods

8 for reducing or deterring terrorist attacks

9 against public transportation systems, or miti10 gating damage from such attacks.

11 (c) REPORTING REQUIREMENT.—Each entity that is

12 awarded a grant or contract under this section shall report

13 annually to the Department on the use of grant or con14 tract funds received under this section.

15 (d) RETURN OF MISSPENT GRANT OR CONTRACT

16 FUNDS.—If the Secretary determines that a grantee or

17 contractor used any portion of the grant or contract funds

18 received under this section for a purpose other than the

19 allowable uses specified under subsection (b), the grantee

20 or contractor shall return any amount so used to the

21 Treasury of the United States.

22 SEC. 1508. REPORTING REQUIREMENTS.

23 (a) SEMI-ANNUAL REPORT TO CONGRESS.—

24 (1) IN GENERAL.—Not later than March 31

25 and September 30 each year, the Secretary shall
†

440

S 4 ES

1 submit a report, containing the information de2 scribed in paragraph (2), to—

3 (A) the Committee on Banking, Housing,

4 and Urban Affairs of the Senate;

5 (B) the Committee on Homeland Security

6 and Governmental Affairs of the Senate; and

7 (C) the Committee on Appropriations of

8 the Senate.

9 (2) CONTENTS.—The report submitted under

10 paragraph (1) shall include—

11 (A) a description of the implementation of

12 the provisions of sections 1503 through 1506;

13 (B) the amount of funds appropriated to

14 carry out the provisions of each of sections

15 1503 through 1506 that have not been ex16 pended or obligated; and

17 (C) the state of public transportation secu18 rity in the United States.

19 (b) ANNUAL REPORT TO GOVERNORS.—

20 (1) IN GENERAL.—Not later than March 31 of

21 each year, the Secretary shall submit a report to the

22 Governor of each State with a public transportation

23 agency that has received a grant under this title.

24 (2) CONTENTS.—The report submitted under

25 paragraph (1) shall specify—
†

441

S 4 ES

1 (A) the amount of grant funds distributed

2 to each such public transportation agency; and

3 (B) the use of such grant funds.

4 SEC. 1509. AUTHORIZATION OF APPROPRIATIONS.

5 (a) CAPITAL SECURITY ASSISTANCE PROGRAM.—

6 There are authorized to be appropriated to carry out the

7 provisions of section 1504(a) and remain available until

8 expended—

9 (1) such sums as are necessary in fiscal year

10 2007;

11 (2) $536,000,000 for fiscal year 2008;

12 (3) $772,000,000 for fiscal year 2009; and

13 (4) $1,062,000,000 for fiscal year 2010.

14 (b) OPERATIONAL SECURITY ASSISTANCE PRO15 GRAM.—There are authorized to be appropriated to carry

16 out the provisions of section 1504(b)—

17 (1) such sums as are necessary in fiscal year

18 2007;

19 (2) $534,000,000 for fiscal year 2008;

20 (3) $333,000,000 for fiscal year 2009; and

21 (4) $133,000,000 for fiscal year 2010.

22 (c) INTELLIGENCE.—There are authorized to be ap23 propriated such sums as may be necessary to carry out

24 the provisions of section 1505.
†

442

S 4 ES

1 (d) RESEARCH.—There are authorized to be appro2 priated to carry out the provisions of section 1507 and

3 remain available until expended—

4 (1) such sums as are necessary in fiscal year

5 2007;

6 (2) $30,000,000 for fiscal year 2008;

7 (3) $45,000,000 for fiscal year 2009; and

8 (4) $55,000,000 for fiscal year 2010.

9 SEC. 1510. SUNSET PROVISION.

10 The authority to make grants under this title shall

11 expire on October 1, 2011.

12 TITLE XVI—MISCELLANEOUS

13 PROVISIONS

14 SEC. 1601. DEPUTY SECRETARY OF HOMELAND SECRETARY

15 FOR MANAGEMENT.

16 (a) ESTABLISHMENT AND SUCCESSION.—Section

17 103 of the Homeland Security Act of 2002 (6 U.S.C. 113)

18 is amended—

19 (1) in subsection (a)—

20 (A) in the subsection heading, by striking

21 ‘‘DEPUTY SECRETARY’’ and inserting ‘‘DEPUTY

22 SECRETARIES’’;

23 (B) by striking paragraph (6);
†

443

S 4 ES

1 (C) by redesignating paragraphs (2)

2 through (5) as paragraphs (3) through (6), re3 spectively; and

4 (D) by striking paragraph (1) and insert5 ing the following:

6 ‘‘(1) A Deputy Secretary of Homeland Security.

7 ‘‘(2) A Deputy Secretary of Homeland Security

8 for Management.’’; and

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

10 ‘‘(g) VACANCIES.—

11 ‘‘(1) VACANCY IN OFFICE OF SECRETARY.—

12 ‘‘(A) DEPUTY SECRETARY.—In case of a

13 vacancy in the office of the Secretary, or of the

14 absence or disability of the Secretary, the Dep15 uty Secretary of Homeland Security may exer16 cise all the duties of that office, and for the

17 purpose of section 3345 of title 5, United

18 States Code, the Deputy Secretary of Homeland

19 Security is the first assistant to the Secretary.

20 ‘‘(B) DEPUTY SECRETARY FOR MANAGE21 MENT.—When by reason of absence, disability,

22 or vacancy in office, neither the Secretary nor

23 the Deputy Secretary of Homeland Security is

24 available to exercise the duties of the office of

25 the Secretary, the Deputy Secretary of Home-
†

444

S 4 ES

1 land Security for Management shall act as Sec2 retary.

3 ‘‘(2) VACANCY IN OFFICE OF DEPUTY SEC4 RETARY.—In the case of a vacancy in the office of

5 the Deputy Secretary of Homeland Security, or of

6 the absence or disability of the Deputy Secretary of

7 Homeland Security, the Deputy Secretary of Home8 land Security for Management may exercise all the

9 duties of that office.

10 ‘‘(3) FURTHER ORDER OF SUCCESSION.—The

11 Secretary may designate such other officers of the

12 Department in further order of succession to act as

13 Secretary.’’.

14 (b) RESPONSIBILITIES.—Section 701 of the Home15 land Security Act of 2002 (6 U.S.C. 341) is amended—

16 (1) in the section heading, by striking ‘‘UNDER

17 SECRETARY’’ and inserting ‘‘DEPUTY SEC18 RETARY OF HOMELAND SECURITY’’;

19 (2) in subsection (a)—

20 (A) by inserting ‘‘The Deputy Secretary of

21 Homeland Security for Management shall serve

22 as the Chief Management Officer and principal

23 advisor to the Secretary on matters related to

24 the management of the Department, including

25 management integration and transformation in
†

445

S 4 ES

1 support of homeland security operations and

2 programs.’’ before ‘‘The Secretary’’;

3 (B) by striking ‘‘Under Secretary for Man4 agement’’ and inserting ‘‘Deputy Secretary of

5 Homeland Security for Management’’;

6 (C) by striking paragraph (7) and insert7 ing the following:

8 ‘‘(7) Strategic planning and annual perform9 ance planning and identification and tracking of per10 formance measures relating to the responsibilities of

11 the Department.’’; and

12 (D) by striking paragraph (9), and insert13 ing the following:

14 ‘‘(9) The integration and transformation proc15 ess, to ensure an efficient and orderly consolidation

16 of functions and personnel to the Department, in17 cluding the development of a management integra18 tion strategy for the Department.’’; and

19 (3) in subsection (b)—

20 (A) in paragraph (1), by striking ‘‘Under

21 Secretary for Management’’ and inserting

22 ‘‘Deputy Secretary of Homeland Security for

23 Management’’; and

24 (B) in paragraph (2), by striking ‘‘Under

25 Secretary for Management’’ and inserting
†

446

S 4 ES

1 ‘‘Deputy Secretary of Homeland Security for

2 Management’’.

3 (c) APPOINTMENT, EVALUATION, AND REAPPOINT4 MENT.—Section 701 of the Homeland Security Act of

5 2002 (6 U.S.C. 341) is amended by adding at the end

6 the following:

7 ‘‘(c) APPOINTMENT, EVALUATION, AND REAPPOINT8 MENT.—The Deputy Secretary of Homeland Security for

9 Management—

10 ‘‘(1) shall be appointed by the President, by

11 and with the advice and consent of the Senate, from

12 among persons who have—

13 ‘‘(A) extensive executive level leadership

14 and management experience in the public or

15 private sector;

16 ‘‘(B) strong leadership skills;

17 ‘‘(C) a demonstrated ability to manage

18 large and complex organizations; and

19 ‘‘(D) a proven record in achieving positive

20 operational results;

21 ‘‘(2) shall—

22 ‘‘(A) serve for a term of 5 years; and

23 ‘‘(B) be subject to removal by the Presi24 dent if the President—
†

447

S 4 ES

1 ‘‘(i) finds that the performance of the

2 Deputy Secretary of Homeland Security

3 for Management is unsatisfactory; and

4 ‘‘(ii) communicates the reasons for re5 moving the Deputy Secretary of Homeland

6 Security for Management to Congress be7 fore such removal;

8 ‘‘(3) may be reappointed in accordance with

9 paragraph (1), if the Secretary has made a satisfac10 tory determination under paragraph (5) for the 3

11 most recent performance years;

12 ‘‘(4) shall enter into an annual performance

13 agreement with the Secretary that shall set forth

14 measurable individual and organizational goals; and

15 ‘‘(5) shall be subject to an annual performance

16 evaluation by the Secretary, who shall determine as

17 part of each such evaluation whether the Deputy

18 Secretary of Homeland Security for Management

19 has made satisfactory progress toward achieving the

20 goals set out in the performance agreement required

21 under paragraph (4).’’.

22 (d) INCUMBENT.—The individual who serves in the

23 position of Under Secretary for Management of the De24 partment of Homeland Security on the date of enactment

25 of this Act—
†

448

S 4 ES

1 (1) may perform all the duties of the Deputy

2 Secretary of Homeland Security for Management at

3 the pleasure of the President, until a Deputy Sec4 retary of Homeland Security for Management is ap5 pointed in accordance with subsection (c) of section

6 701 of the Homeland Security Act of 2002 (6

7 U.S.C. 341), as added by this Act; and

8 (2) may be appointed Deputy Secretary of

9 Homeland Security for Management, if such ap10 pointment is otherwise in accordance with sections

11 103 and 701 of the Homeland Security Act of 2002

12 (6 U.S.C. 113 and 341), as amended by this Act.

13 (e) REFERENCES.—References in any other Federal

14 law, Executive order, rule, regulation, or delegation of au15 thority, or any document of or relating to the Under Sec16 retary for Management of the Department of Homeland

17 Security shall be deemed to refer to the Deputy Secretary

18 of Homeland Security for Management.

19 (f) TECHNICAL AND CONFORMING AMENDMENTS.—

20 (1) OTHER REFERENCE.—Section 702(a) of the

21 Homeland Security Act of 2002 (6 U.S.C. 342(a))

22 is amended by striking ‘‘Under Secretary for Man23 agement’’ and inserting ‘‘Deputy Secretary of

24 Homeland Security for Management’’.
†

449

S 4 ES

1 (2) TABLE OF CONTENTS.—The table of con2 tents in section 1(b) of the Homeland Security Act

3 of 2002 (6 U.S.C. 101(b)) is amended by striking

4 the item relating to section 701 and inserting the

5 following:

‘‘Sec. 701. Deputy Secretary of Homeland Security for Management.’’.

6 (3) EXECUTIVE SCHEDULE.—Section 5313 of

7 title 5, United States Code, is amended by inserting

8 after the item relating to the Deputy Secretary of

9 Homeland Security the following:

10 ‘‘Deputy Secretary of Homeland Security for

11 Management.’’.

12 SEC. 1602. SENSE OF THE SENATE REGARDING COMBATING

13 DOMESTIC RADICALIZATION.

14 (a) FINDINGS.—The Senate finds the following:

15 (1) The United States is engaged in a struggle

16 against a transnational terrorist movement of radical

17 extremists seeking to exploit the religion of Islam

18 through violent means to achieve ideological ends.

19 (2) The radical jihadist movement transcends

20 borders and has been identified as a potential threat

21 within the United States.

22 (3) Radicalization has been identified as a pre23 cursor to terrorism.

24 (4) Countering the threat of violent extremists

25 domestically, as well as internationally, is a critical
†

450

S 4 ES

1 element of the plan of the United States for success

2 in the war on terror.

3 (5) United States law enforcement agencies

4 have identified radicalization as an emerging threat

5 and have in recent years identified cases of ‘‘home6 grown’’ extremists operating inside the United

7 States with the intent to provide support for, or di8 rectly commit, a terrorist attack.

9 (6) The alienation of Muslim populations in the

10 Western world has been identified as a factor in the

11 spread of radicalization.

12 (7) Radicalization cannot be prevented solely

13 through law enforcement and intelligence measures.

14 (b) SENSE OF SENATE.—It is the sense of the Senate

15 that the Secretary, in consultation with other relevant

16 Federal agencies, should make a priority of countering do17 mestic radicalization and extremism by—

18 (1) using intelligence analysts and other experts

19 to better understand the process of radicalization

20 from sympathizer to activist to terrorist;

21 (2) recruiting employees with diverse

22 worldviews, skills, languages, and cultural back23 grounds and expertise;

24 (3) consulting with experts to ensure that the

25 lexicon used within public statements is precise and
†

451

S 4 ES

1 appropriate and does not aid extremists by offending

2 the American Muslim community;

3 (4) developing and implementing, in concert

4 with the Attorney General and State and local cor5 rections officials, a program to address prisoner

6 radicalization and post-sentence reintegration;

7 (5) pursuing broader avenues of dialogue with

8 the Muslim community to foster mutual respect, un9 derstanding, and trust; and

10 (6) working directly with State, local, and com11 munity leaders to—

12 (A) educate these leaders on the threat of

13 radicalization and the necessity of taking pre14 ventative action at the local level; and

15 (B) facilitate the sharing of best practices

16 from other countries and communities to en17 courage outreach to the American Muslim com18 munity and develop partnerships between all

19 faiths, including Islam.

20 SEC. 1603. SENSE OF THE SENATE REGARDING OVERSIGHT

21 OF HOMELAND SECURITY.

22 (a) FINDINGS.—The Senate finds the following:

23 (1) The Senate recognizes the importance and

24 need to implement the recommendations offered by

25 the National Commission on Terrorist Attacks Upon
†

452

S 4 ES

1 the United States (in this section referred to as the

2 ‘‘Commission’’).

3 (2) Congress considered and passed the Na4 tional Security Intelligence Reform Act of 2004

5 (Public Law 108–458; 118 Stat. 3643) to implement

6 the recommendations of the Commission.

7 (3) Representatives of the Department testified

8 at 165 Congressional hearings in calendar year

9 2004, and 166 Congressional hearings in calendar

10 year 2005.

11 (4) The Department had 268 representatives

12 testify before 15 committees and 35 subcommittees

13 of the House of Representatives and 9 committees

14 and 12 subcommittees of the Senate at 206 congres15 sional hearings in calendar year 2006.

16 (5) The Senate has been unwilling to reform

17 itself in accordance with the recommendation of the

18 Commission to provide better and more streamlined

19 oversight of the Department.

20 (b) SENSE OF SENATE.—It is the sense of the Senate

21 that the Senate should implement the recommendation of

22 the Commission to ‘‘create a single, principal point of

23 oversight and review for homeland security.’’.
†

453

S 4 ES

1 SEC. 1604. REPORT REGARDING BORDER SECURITY.

2 (a) IN GENERAL. Not later than 180 days after the

3 date of enactment of this Act, the Secretary shall submit

4 a report to Congress regarding ongoing initiatives of the

5 Department to improve security along the northern border

6 of the United States.

7 (b) CONTENTS. The report submitted under sub-sec8 tion (a) shall

9 (1) address the vulnerabilities along the north10 ern border of the United States; and

11 (2) provide recommendations to address such

12 vulnerabilities, including required resources needed

13 to protect the northern border of the United States.

14 (c) GOVERNMENT ACCOUNTABILITY OFFICE. Not

15 later than 270 days after the date of the submission of

16 the report under subsection (a), the Comptroller General

17 of the United States shall submit a report to Congress

18 that—

19 (1) reviews and comments on the report under

20 subsection (a); and

21 (2) provides recommendations regarding any

22 additional actions necessary to protect the northern

23 border of the United States.

24 SEC. 1605. LAW ENFORCEMENT ASSISTANCE FORCE.

25 (a) ESTABLISHMENT.—The Secretary shall establish

26 a Law Enforcement Assistance Force to facilitate the con-
†

454

S 4 ES

1 tributions of retired law enforcement officers and agents

2 during major disasters.

3 (b) ELIGIBLE PARTICIPANTS.—An individual may

4 participate in the Law Enforcement Assistance Force if

5 that individual—

6 (1) has experience working as an officer or

7 agent for a public law enforcement agency and left

8 that agency in good standing;

9 (2) holds current certifications for firearms,

10 first aid, and such other skills determined necessary

11 by the Secretary;

12 (3) submits to the Secretary an application, at

13 such time, in such manner, and accompanied by

14 such information as the Secretary may reasonably

15 require, that authorizes the Secretary to review the

16 law enforcement service record of that individual;

17 and

18 (4) meets such other qualifications as the Sec19 retary may require.

20 (c) LIABILITY; SUPERVISION.—Each eligible partici21 pant shall, upon acceptance of an assignment under this

22 section—

23 (A) be detailed to a Federal, State, or local

24 government law enforcement agency; and
†

455

S 4 ES

1 (B) work under the direct supervision of

2 an officer or agent of that agency.

3 (d) MOBILIZATION.—

4 (1) IN GENERAL.—In the event of a major dis5 aster, the Secretary, after consultation with appro6 priate Federal, State, and local government law en7 forcement agencies, may request eligible participants

8 to volunteer to assist the efforts of those agencies

9 responding to such emergency and assign each will10 ing participant to a specific law enforcement agency.

11 (2) ACCEPTANCE.—If the eligible participant

12 accepts an assignment under this subsection, that el13 igible participant shall agree to remain in such as14 signment for a period equal to not less than the

15 shorter of—

16 (A) the period during which the law en17 forcement agency needs the services of such

18 participant;

19 (B) 30 days;

20 (C) such other period of time agreed to be21 tween the Secretary and the eligible participant.

22 (3) REFUSAL.—An eligible participant may

23 refuse an assignment under this subsection without

24 any adverse consequences.

25 (e) EXPENSES.—
†

456

S 4 ES

1 (1) IN GENERAL.—Each eligible participant

2 shall be allowed travel expenses, including per diem

3 in lieu of subsistence, at rates authorized for em4 ployees of agencies under subchapter I of chapter 57

5 of title 5, United States Code, while carrying out an

6 assignment under subsection (d).

7 (2) SOURCE OF FUNDS.—Expenses incurred

8 under paragraph (1) shall be paid from amounts ap9 propriated to the Federal Emergency Management

10 Agency.

11 (f) TERMINATION OF ASSISTANCE.—The availability

12 of eligible participants of the Law Enforcement Assistance

13 Force shall continue for a period equal to the shorter of—

14 (1) the period of the major disaster; or

15 (2) 1 year.

16 (g) DEFINITIONS.—In this section—

17 (1) the term ‘‘eligible participant’’ means an in18 dividual participating in the Law Enforcement As19 sistance Force;

20 (2) the term ‘‘Law Enforcement Assistance

21 Force’’ means the Law Enforcement Assistance

22 Force established under subsection (a); and

23 (3) the term ‘‘major disaster’’ has the meaning

24 given that term in section 102 of the Robert T.
†

457

S 4 ES

1 Stafford Disaster Relief and Emergency Assistance

2 Act (42 U.S.C. 5122).

3 (h) AUTHORIZATION OF APPROPRIATIONS.—There

4 are authorized to be appropriated such sums as may be

5 necessary to carry out this section.

6 SEC. 1606. QUADRENNIAL HOMELAND SECURITY REVIEW.

7 (a) IN GENERAL.—

8 (1) ESTABLISHMENT.—Not later than the end

9 of fiscal year 2008, the Secretary shall establish a

10 national homeland security strategy.

11 (2) REVIEW.—Four years after the establish12 ment of the national homeland security strategy, and

13 every 4 years thereafter, the Secretary shall conduct

14 a comprehensive examination of the national home15 land security strategy.

16 (3) SCOPE.—In establishing or reviewing the

17 national homeland security strategy under this sub18 section, the Secretary shall conduct a comprehensive

19 examination of interagency cooperation, prepared20 ness of Federal response assets, infrastructure,

21 budget plan, and other elements of the homeland se22 curity program and policies of the United States

23 with a view toward determining and expressing the

24 homeland security strategy of the United States and
†

458

S 4 ES

1 establishing a homeland security program for the 20

2 years following that examination.

3 (4) REFERENCE.—The establishment or review

4 of the national homeland security strategy under

5 this subsection shall be known as the ‘‘quadrennial

6 homeland security review’’.

7 (5) CONSULTATION.—Each quadrennial home8 land security review under this subsection shall be

9 conducted in consultation with the Attorney General

10 of the United States, the Secretary of State, the

11 Secretary of Defense, the Secretary of Health and

12 Human Services, and the Secretary of the Treasury.

13 (b) CONTENTS OF REVIEW.—Each quadrennial

14 homeland security review shall—

15 (1) delineate a national homeland security

16 strategy consistent with the most recent National

17 Response Plan prepared under Homeland Security

18 Presidential Directive-5 or any directive meant to re19 place or augment that directive;

20 (2) describe the interagency cooperation, pre21 paredness of Federal response assets, infrastructure,

22 budget plan, and other elements of the homeland se23 curity program and policies of the United States as24 sociated with the national homeland security strat25 egy required to execute successfully the full range of
†

459

S 4 ES

1 missions called for in the national homeland security

2 strategy delineated under paragraph (1); and

3 (3) identify—

4 (A) the budget plan required to provide

5 sufficient resources to successfully execute the

6 full range of missions called for in that national

7 homeland security strategy at a low-to-moderate

8 level of risk; and

9 (B) any additional resources required to

10 achieve such a level of risk.

11 (c) LEVEL OF RISK.—The assessment of the level of

12 risk for purposes of subsection (b)(3) shall be conducted

13 by the Director of National Intelligence.

14 (d) REPORTING.—

15 (1) IN GENERAL.—The Secretary shall submit

16 a report regarding each quadrennial homeland secu17 rity review to Congress and shall make the report

18 publicly available on the Internet. Each such report

19 shall be submitted and made available on the Inter20 net not later than September 30 of the year in which

21 the review is conducted.

22 (2) CONTENTS OF REPORT.—Each report sub23 mitted under paragraph (1) shall include—

24 (A) the results of the quadrennial home25 land security review;
†

460

S 4 ES

1 (B) the threats to the assumed or defined

2 national homeland security interests of the

3 United States that were examined for the pur4 poses of the review and the scenarios developed

5 in the examination of those threats;

6 (C) the status of cooperation among Fed7 eral agencies in the effort to promote national

8 homeland security;

9 (D) the status of cooperation between the

10 Federal Government and State governments in

11 preparing for emergency response to threats to

12 national homeland security; and

13 (E) any other matter the Secretary con14 siders appropriate.

15 (e) RESOURCE PLAN.—

16 Not later than 30 days after the date of enactment

17 of this Act, the Secretary shall provide to Congress and

18 make publicly available on the Internet a detailed resource

19 plan specifying the estimated budget and number of staff

20 members that will be required for preparation of the initial

21 quadrennial homeland security review.

22 SEC. 1607. INTEGRATION OF DETECTION EQUIPMENT AND

23 TECHNOLOGIES.

24 (a) IN GENERAL.—The Secretary shall have respon25 sibility for ensuring that chemical, biological, radiological,
†

461

S 4 ES

1 and nuclear detection equipment and technologies are in2 tegrated as appropriate with other border security systems

3 and detection technologies.

4 (b) REPORT.—Not later than 6 months after the date

5 of enactment of this Act, the Secretary shall submit a re6 port to Congress that contains a plan to develop a depart7 mental technology assessment process to determine and

8 certify the technology readiness levels of chemical, biologi9 cal, radiological, and nuclear detection technologies before

10 the full deployment of such technologies within the United

11 States.

12 TITLE XVII—911

13 MODERNIZATION

14 SEC. 1701. SHORT TITLE.

15 This title may be cited as the ‘‘911 Modernization

16 Act’’.

17 SEC. 1702. FUNDING FOR PROGRAM.

18 Section 3011 of Public Law 109–171 (47 U.S.C. 309

19 note) is amended—

20 (1) by striking ‘‘The’’ and inserting:

21 ‘‘(a) IN GENERAL.—The’’; and

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

23 ‘‘(b) CREDIT.—The Assistant Secretary may borrow

24 from the Treasury, upon enactment of this provision, such

25 sums as necessary, but not to exceed $43,500,000 to im-
†

462

S 4 ES

1 plement this section. The Assistant Secretary shall reim2 burse the Treasury, without interest, as funds are depos3 ited into the Digital Television Transition and Public

4 Safety Fund.’’.

5 SEC. 1703. NTIA COORDINATION OF E–911 IMPLEMENTA6 TION.

7 Section 158(b)(4) of the National Telecommuni8 cations and Information Administration Organization Act

9 (47 U.S.C. 942(b)(4)) is amended by adding at the end

10 thereof the following: ‘‘Within 180 days after the date of

11 enactment of the 911 Modernization Act, the Assistant

12 Secretary and the Administrator shall jointly issue regula13 tions updating the criteria to provide priority for public

14 safety answering points not capable, as of the date of en15 actment of that Act, of receiving 911 calls.’’.

16 TITLE XVIII—MODERNIZATION

17 OF THE AMERICAN NATIONAL

18 RED CROSS

19 SEC. 1801. SHORT TITLE.

20 This title may be cited as the ‘‘The American Na21 tional Red Cross Governance Modernization Act of 2007’’.

22 SEC. 1802. FINDINGS; SENSE OF CONGRESS.

23 (a) FINDINGS.—Congress makes the following find24 ings:
†

463

S 4 ES

1 (1) Substantive changes to the Congressional

2 Charter of The American National Red Cross have

3 not been made since 1947.

4 (2) In February 2006, the board of governors

5 of The American National Red Cross (the ‘‘Board of

6 Governors’’) commissioned an independent review

7 and analysis of the Board of Governors’ role, com8 position, size, relationship with management, govern9 ance relationship with chartered units of The Amer10 ican National Red Cross, and whistleblower and

11 audit functions.

12 (3) In an October 2006 report of the Board of

13 Governors, entitled ‘‘American Red Cross Govern14 ance for the 21st Century’’ (the ‘‘Governance Re15 port’’), the Board of Governors recommended

16 changes to the Congressional Charter, bylaws, and

17 other governing documents of The American Na18 tional Red Cross to modernize and enhance the ef19 fectiveness of the Board of Governors and govern20 ance structure of The American National Red Cross.

21 (4) It is in the national interest to create a

22 more efficient governance structure of The American

23 National Red Cross and to enhance the Board of

24 Governors’ ability to support the critical mission of
†

464

S 4 ES

1 The American National Red Cross in the 21st cen2 tury.

3 (5) It is in the national interest to clarify the

4 role of the Board of Governors as a governance and

5 strategic oversight board and for The American Na6 tional Red Cross to amend its bylaws, consistent

7 with the recommendations described in the Govern8 ance Report, to clarify the role of the Board of Gov9 ernors and to outline the areas of its responsibility,

10 including—

11 (A) reviewing and approving the mission

12 statement for The American National Red

13 Cross;

14 (B) approving and overseeing the corpora15 tion’s strategic plan and maintaining strategic

16 oversight of operational matters;

17 (C) selecting, evaluating, and determining

18 the level of compensation of the corporation’s

19 chief executive officer;

20 (D) evaluating the performance and estab21 lishing the compensation of the senior leader22 ship team and providing for management suc23 cession;
†

465

S 4 ES

1 (E) overseeing the financial reporting and

2 audit process, internal controls, and legal com3 pliance;

4 (F) holding management accountable for

5 performance;

6 (G) providing oversight of the financial

7 stability of the corporation;

8 (H) ensuring the inclusiveness and diver9 sity of the corporation;

10 (I) providing oversight of the protection of

11 the brand of the corporation; and

12 (J) assisting with fundraising on behalf of

13 the corporation.

14 (6)(A) The selection of members of the Board

15 of Governors is a critical component of effective gov16 ernance for The American National Red Cross, and,

17 as such, it is in the national interest that The Amer18 ican National Red Cross amend its bylaws to provide

19 a method of selection consistent with that described

20 in the Governance Report.

21 (B) The new method of selection should replace

22 the current process by which—

23 (i) 30 chartered unit-elected members of

24 the Board of Governors are selected by a non25 Board committee which includes 2 members of
†

466

S 4 ES

1 the Board of Governors and other individuals

2 elected by the chartered units themselves;

3 (ii) 12 at-large members of the Board of

4 Governors are nominated by a Board committee

5 and elected by the Board of Governors; and

6 (iii) 8 members of the Board of Governors

7 are appointed by the President of the United

8 States.

9 (C) The new method of selection described in

10 the Governance Report reflects the single category of

11 members of the Board of Governors that will result

12 from the implementation of this title:

13 (i) All Board members (except for the

14 chairman of the Board of Governors) would be

15 nominated by a single committee of the Board

16 of Governors taking into account the criteria

17 outlined in the Governance Report to assure the

18 expertise, skills, and experience of a governing

19 board.

20 (ii) The nominated members would be con21 sidered for approval by the full Board of Gov22 ernors and then submitted to The American

23 National Red Cross annual meeting of delegates

24 for election, in keeping with the standard cor25 porate practice whereby shareholders of a cor-
†

467

S 4 ES

1 poration elect members of a board of directors

2 at its annual meeting.

3 (7) The United States Supreme Court held The

4 American National Red Cross to be an instrumen5 tality of the United States, and it is in the national

6 interest that the Congressional Charter confirm that

7 status and that any changes to the Congressional

8 Charter do not affect the rights and obligations of

9 The American National Red Cross to carry out its

10 purposes.

11 (8) Given the role of The American National

12 Red Cross in carrying out its services, programs,

13 and activities, and meeting its various obligations,

14 the effectiveness of The American National Red

15 Cross will be promoted by the creation of an organi16 zational ombudsman who—

17 (A) will be a neutral or impartial dispute

18 resolution practitioner whose major function

19 will be to provide confidential and informal as20 sistance to the many internal and external

21 stakeholders of The American National Red

22 Cross;

23 (B) will report to the chief executive officer

24 and the audit committee of the Board of Gov25 ernors; and
†

468

S 4 ES

1 (C) will have access to anyone and any

2 documents in The American National Red

3 Cross.

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that—

6 (1) charitable organizations are an indispen7 sable part of American society, but these organiza8 tions can only fulfill their important roles by main9 taining the trust of the American public;

10 (2) trust is fostered by effective governance and

11 transparency, which are the principal goals of the

12 recommendations of the Board of Governors in the

13 Governance Report and this title;

14 (3) Federal and State action play an important

15 role in ensuring effective governance and trans16 parency by setting standards, rooting out violations,

17 and informing the public; and

18 (4) while The American National Red Cross is

19 and will remain a Federally chartered instrumen20 tality of the United States, and it has the rights and

21 obligations consistent with that status, The Amer22 ican National Red Cross nevertheless should main23 tain appropriate communications with State regu24 lators of charitable organizations and should cooper-
†

469

S 4 ES

1 ate with them as appropriate in specific matters as

2 they arise from time to time.

3 SEC. 1803. ORGANIZATION.

4 Section 300101 of title 36, United States Code, is

5 amended—

6 (1) in subsection (a), by inserting ‘‘a Federally

7 chartered instrumentality of the United States and’’

8 before ‘‘a body corporate and politic’’; and

9 (2) in subsection (b), by inserting at the end

10 the following new sentence: ‘‘The corporation may

11 conduct its business and affairs, and otherwise hold

12 itself out, as the ‘American Red Cross’ in any juris13 diction.’’.

14 SEC. 1804. PURPOSES.

15 Section 300102 of title 36, United States Code, is

16 amended—

17 (1) by striking ‘‘and’’ at the end of paragraph

18 (3);

19 (2) by striking the period at the end of para20 graph (4) and inserting ‘‘; and’’; and

21 (3) by adding at the end the following para22 graph:

23 ‘‘(5) to conduct other activities consistent with

24 the foregoing purposes.’’.
†

470

S 4 ES

1 SEC. 1805. MEMBERSHIP AND CHAPTERS.

2 Section 300103 of title 36, United States Code, is

3 amended—

4 (1) in subsection (a), by inserting ‘‘, or as oth5 erwise provided,’’ before ‘‘in the bylaws’’;

6 (2) in subsection (b)(1)—

7 (A) by striking ‘‘board of governors’’ and

8 inserting ‘‘corporation’’; and

9 (B) by inserting ‘‘policies and’’ before

10 ‘‘regulations related’’; and

11 (3) in subsection (b)(2)—

12 (A) by inserting ‘‘policies and’’ before

13 ‘‘regulations shall require’’; and

14 (B) by striking ‘‘national convention’’ and

15 inserting ‘‘annual meeting’’.

16 SEC. 1806. BOARD OF GOVERNORS.

17 Section 300104 of title 36, United States Code, is

18 amended to read as follows:

19 ‘‘§ 300104. Board of governors

20 ‘‘(a) BOARD OF GOVERNORS.—

21 ‘‘(1) IN GENERAL.—The board of governors is

22 the governing body of the corporation with all pow23 ers of governing and directing, and of overseeing the

24 management of the business and affairs of, the cor25 poration.
†

471

S 4 ES

1 ‘‘(2) NUMBER.—The board of governors shall

2 fix by resolution, from time to time, the number of

3 members constituting the entire board of governors,

4 provided that—

5 ‘‘(A) as of March 31, 2009, and thereafter,

6 there shall be no fewer than 12 and no more

7 than 25 members; and

8 ‘‘(B) as of March 31, 2012, and thereafter,

9 there shall be no fewer than 12 and no more

10 than 20 members constituting the entire board.

11 Procedures to implement the preceding sentence

12 shall be provided in the bylaws.

13 ‘‘(3) APPOINTMENT.—The governors shall be

14 appointed or elected in the following manner:

15 ‘‘(A) CHAIRMAN.—

16 ‘‘(i) IN GENERAL.—The board of gov17 ernors, in accordance with procedures pro18 vided in the bylaws, shall recommend to

19 the President an individual to serve as

20 chairman of the board of governors. If

21 such recommendation is approved by the

22 President, the President shall appoint such

23 individual to serve as chairman of the

24 board of governors.
†

472

S 4 ES

1 ‘‘(ii) VACANCIES.—Vacancies in the

2 office of the chairman, including vacancies

3 resulting from the resignation, death, or

4 removal by the President of the chairman,

5 shall be filled in the same manner de6 scribed in clause (i).

7 ‘‘(iii) DUTIES.—The chairman shall

8 be a member of the board of governors

9 and, when present, shall preside at meet10 ings of the board of governors and shall

11 have such other duties and responsibilities

12 as may be provided in the bylaws or a res13 olution of the board of governors.

14 ‘‘(B) OTHER MEMBERS.—

15 ‘‘(i) IN GENERAL.—Members of the

16 board of governors other than the chair17 man shall be elected at the annual meeting

18 of the corporation in accordance with such

19 procedures as may be provided in the by20 laws.

21 ‘‘(ii) VACANCIES.—Vacancies in any

22 such elected board position and in any

23 newly created board position may be filled

24 by a vote of the remaining members of the

25 board of governors in accordance with such
†

473

S 4 ES

1 procedures as may be provided in the by2 laws.

3 ‘‘(b) TERMS OF OFFICE.—

4 ‘‘(1) IN GENERAL.—The term of office of each

5 member of the board of governors shall be 3 years,

6 except that—

7 ‘‘(A) the board of governors may provide

8 under the bylaws that the terms of office of

9 members of the board of governors elected to

10 the board of governors before March 31, 2012,

11 may be less than 3 years in order to implement

12 the provisions of subparagraphs (A) and (B) of

13 subsection (a)(2); and

14 ‘‘(B) any member of the board of gov15 ernors elected by the board to fill a vacancy in

16 a board position arising before the expiration of

17 its term may, as determined by the board, serve

18 for the remainder of that term or until the next

19 annual meeting of the corporation.

20 ‘‘(2) STAGGERED TERMS.—The terms of office

21 of members of the board of governors (other than

22 the chairman) shall be staggered such that, by

March 31, 2012, and thereafter, 1 23 ⁄3 of the entire

board (or as near to 1 24 ⁄3 as practicable) shall be elect25 ed at each successive annual meeting of the corpora-
†

474

S 4 ES

1 tion with the term of office of each member of the

2 board of governors elected at an annual meeting ex3 piring at the third annual meeting following the an4 nual meeting at which such member was elected.

5 ‘‘(3) TERM LIMITS.—No person may serve as a

6 member of the board of governors for more than

7 such number of terms of office or years as may be

8 provided in the bylaws.

9 ‘‘(c) COMMITTEES AND OFFICERS.—The board—

10 ‘‘(1) may appoint, from its own members, an

11 executive committee to exercise such powers of the

12 board when the board is not in session as may be

13 provided in the bylaws;

14 ‘‘(2) may appoint such other committees or ad15 visory councils with such powers as may be provided

16 in the bylaws or a resolution of the board of gov17 ernors;

18 ‘‘(3) shall appoint such officers of the corpora19 tion, including a chief executive officer, with such

20 duties, responsibilities, and terms of office as may be

21 provided in the bylaws or a resolution of the board

22 of governors; and

23 ‘‘(4) may remove members of the board of gov24 ernors (other than the chairman), officers, and em-
†

475

S 4 ES

1 ployees under such procedures as may be provided in

2 the bylaws or a resolution of the board of governors.

3 ‘‘(d) ADVISORY COUNCIL.—

4 ‘‘(1) ESTABLISHMENT.—There shall be an advi5 sory council to the board of governors.

6 ‘‘(2) MEMBERSHIP; APPOINTMENT BY PRESI7 DENT.—

8 ‘‘(A) IN GENERAL.—The advisory council

9 shall be composed of no fewer than 8 and no

10 more than 10 members, each of whom shall be

11 appointed by the President from principal offi12 cers of the executive departments and senior of13 ficers of the Armed Forces whose positions and

14 interests qualify them to contribute to carrying

15 out the programs and purposes of the corpora16 tion.

17 ‘‘(B) MEMBERS FROM THE ARMED

18 FORCES.—At least 1, but not more than 3, of

19 the members of the advisory council shall be se20 lected from the Armed Forces.

21 ‘‘(3) DUTIES.—The advisory council shall ad22 vise, report directly to, and meet, at least 1 time per

23 year with the board of governors, and shall have

24 such name, functions and be subject to such proce25 dures as may be provided in the bylaws.
†

476

S 4 ES

1 ‘‘(e) ACTION WITHOUT MEETING.—Any action re2 quired or permitted to be taken at any meeting of the

3 board of governors or of any committee thereof may be

4 taken without a meeting if all members of the board or

5 committee, as the case may be, consent thereto in writing,

6 or by electronic transmission and the writing or writings

7 or electronic transmission or transmissions are filed with

8 the minutes of proceedings of the board or committee.

9 Such filing shall be in paper form if the minutes are main10 tained in paper form and shall be in electronic form if

11 the minutes are maintained in electronic form.

12 ‘‘(f) VOTING BY PROXY.—

13 ‘‘(1) IN GENERAL.—Voting by proxy is not al14 lowed at any meeting of the board, at the annual

15 meeting, or at any meeting of a chapter.

16 ‘‘(2) EXCEPTION.—The board may allow the

17 election of governors by proxy during any emer18 gency.

19 ‘‘(g) BYLAWS.—

20 ‘‘(1) IN GENERAL.—The board of governors

21 may—

22 ‘‘(A) at any time adopt bylaws; and

23 ‘‘(B) at any time adopt bylaws to be effec24 tive only in an emergency.
†

477

S 4 ES

1 ‘‘(2) EMERGENCY BYLAWS.—Any bylaws adopt2 ed pursuant to paragraph (1)(B) may provide spe3 cial procedures necessary for managing the corpora4 tion during the emergency. All provisions of the reg5 ular bylaws consistent with the emergency bylaws re6 main effective during the emergency.

7 ‘‘(h) DEFINITIONS.—For purposes of this section—

8 ‘‘(1) the term ‘entire board’ means the total

9 number of members of the board of governors that

10 the corporation would have if there were no vacan11 cies; and

12 ‘‘(2) the term ‘emergency’ shall have such

13 meaning as may be provided in the bylaws.’’.

14 SEC. 1807. POWERS.

15 Paragraph (a)(1) of section 300105 of title 36,

16 United States Code, is amended by striking ‘‘bylaws’’ and

17 inserting ‘‘policies’’.

18 SEC. 1808. ANNUAL MEETING.

19 Section 300107 of title 36, United States Code, is

20 amended to read as follows:

21 ‘‘§ 300107. Annual meeting

22 ‘‘(a) IN GENERAL.—The annual meeting of the cor23 poration is the annual meeting of delegates of the chap24 ters.
†

478

S 4 ES

1 ‘‘(b) TIME OF MEETING.—The annual meeting shall

2 be held as determined by the board of governors.

3 ‘‘(c) PLACE OF MEETING.—The board of governors

4 is authorized to determine that the annual meeting shall

5 not be held at any place, but may instead be held solely

6 by means of remote communication subject to such proce7 dures as are provided in the bylaws.

8 ‘‘(d) VOTING.—

9 ‘‘(1) IN GENERAL.—In matters requiring a vote

10 at the annual meeting, each chapter is entitled to at

11 least 1 vote, and voting on all matters may be con12 ducted by mail, telephone, telegram, cablegram, elec13 tronic mail, or any other means of electronic or tele14 phone transmission, provided that the person voting

15 shall state, or submit information from which it can

16 be determined, that the method of voting chosen was

17 authorized by such person.

18 ‘‘(2) ESTABLISHMENT OF NUMBER OF

19 VOTES.—

20 ‘‘(A) IN GENERAL.—The board of gov21 ernors shall determine on an equitable basis the

22 number of votes that each chapter is entitled to

23 cast, taking into consideration the size of the

24 membership of the chapters, the populations
†

479

S 4 ES

1 served by the chapters, and such other factors

2 as may be determined by the board.

3 ‘‘(B) PERIODIC REVIEW.—The board of

4 governors shall review the allocation of votes at

5 least every 5 years.’’.

6 SEC. 1809. ENDOWMENT FUND.

7 Section 300109 of title 36, United States Code is

8 amended—

9 (1) by striking ‘‘nine’’ from the first sentence

10 thereof; and

11 (2) by striking the second sentence and insert12 ing the following: ‘‘The corporation shall prescribe

13 policies and regulations on terms and tenure of of14 fice, accountability, and expenses of the board of

15 trustees.’’.

16 SEC. 1810. ANNUAL REPORT AND AUDIT.

17 Subsection (a) of section 300110 of title 36, United

18 States Code, is amended to read as follows:

19 ‘‘(a) SUBMISSION OF REPORT.—As soon as prac20 ticable after the end of the corporation’s fiscal year, which

21 may be changed from time to time by the board of gov22 ernors, the corporation shall submit a report to the Sec23 retary of Defense on the activities of the corporation dur24 ing such fiscal year, including a complete, itemized report

25 of all receipts and expenditures.’’.
†

480

S 4 ES

1 SEC. 1811. COMPTROLLER GENERAL OF THE UNITED

2 STATES AND OFFICE OF THE OMBUDSMAN.

3 (a) IN GENERAL.—Chapter 3001 of title 36, United

4 States Code, is amended by redesignating section 300111

5 as section 300113 and by inserting after section 300110

6 the following new sections:

7 ‘‘§ 300111. Authority of the Comptroller General of

8 the United States

9 ‘‘The Comptroller General of the United States is au10 thorized to review the corporation’s involvement in any

11 Federal program or activity the Government carries out

12 under law.

13 ‘‘§ 300112. Office of the Ombudsman

14 ‘‘(a) ESTABLISHMENT.—The corporation shall estab15 lish an Office of the Ombudsman with such duties and

16 responsibilities as may be provided in the bylaws or a reso17 lution of the board of governors.

18 ‘‘(b) REPORT.—

19 ‘‘(1) IN GENERAL.—The Office of the Ombuds20 man shall submit annually to the appropriate Con21 gressional committees a report concerning any

22 trends and systemic matters that the Office of the

23 Ombudsman has identified as confronting the cor24 poration.

25 ‘‘(2) APPROPRIATE CONGRESSIONAL COMMIT26 TEES.—For purposes of paragraph (1), the appro-
†

481

S 4 ES

1 priate Congressional committees are the following

2 committees of Congress:

3 ‘‘(A) SENATE COMMITTEES.—The appro4 priate Congressional committees of the Senate

5 are—

6 ‘‘(i) the Committee on Finance;

7 ‘‘(ii) the Committee on Foreign Rela8 tions;

9 ‘‘(iii) the Committee on Health, Edu10 cation, Labor, and Pensions;

11 ‘‘(iv) the Committee on Homeland Se12 curity and Governmental Affairs; and

13 ‘‘(v) the Committee on the Judiciary.

14 ‘‘(B) HOUSE COMMITTEES.—The appro15 priate Congressional committees of the House

16 of Representatives are—

17 ‘‘(i) the Committee on Energy and

18 Commerce;

19 ‘‘(ii) the Committee on Foreign Af20 fairs;

21 ‘‘(iii) the Committee on Homeland Se22 curity;

23 ‘‘(iv) the Committee on the Judiciary;

24 and
†

482

S 4 ES

1 ‘‘(v) the Committee on Ways and

2 Means.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 for chapter 3001 of title 36, United States Code, is

5 amended by striking the item relating to section 300111

6 and inserting the following:

‘‘300111. Authority of the Comptroller General of the United States.

‘‘300112. Office of the Ombudsman.

‘‘300113. Reservation of right to amend or repeal.’’.

7 TITLE XIX—ADVANCEMENT OF

8 DEMOCRATIC VALUES

9 SEC. 1901. SHORT TITLE.

10 This title may be cited as the ‘‘Advance Democratic

11 Values, Address Non-democratic Countries, and Enhance

12 Democracy Act of 2007’’ or the ‘‘ADVANCE Democracy

13 Act of 2007’’.

14 SEC. 1902. FINDINGS.

15 Congress finds that in order to support the expansion

16 of freedom and democracy in the world, the foreign policy

17 of the United States should be organized in support of

18 transformational diplomacy that seeks to work through

19 partnerships to build and sustain democratic, well-gov20 erned states that will respect human rights and respond

21 to the needs of their people and conduct themselves re22 sponsibly in the international system.

23 SEC. 1903. STATEMENT OF POLICY.

24 It should be the policy of the United States—
†

483

S 4 ES

1 (1) to promote freedom and democracy in for2 eign countries as a fundamental component of the

3 foreign policy of the United States;

4 (2) to affirm internationally recognized human

5 rights standards and norms and to condemn offenses

6 against those rights;

7 (3) to use instruments of United States influ8 ence to support, promote, and strengthen democratic

9 principles, practices, and values, including the right

10 to free, fair, and open elections, secret balloting, and

11 universal suffrage;

12 (4) to protect and promote fundamental free13 doms and rights, including the freedom of associa14 tion, of expression, of the press, and of religion, and

15 the right to own private property;

16 (5) to protect and promote respect for and ad17 herence to the rule of law;

18 (6) to provide appropriate support to non19 governmental organizations working to promote free20 dom and democracy;

21 (7) to provide political, economic, and other

22 support to countries that are willingly undertaking a

23 transition to democracy;

24 (8) to commit to the long-term challenge of pro25 moting universal democracy; and
†

484

S 4 ES

1 (9) to strengthen alliances and relationships

2 with other democratic countries in order to better

3 promote and defend shared values and ideals.

4 SEC. 1904. DEFINITIONS.

5 In this title:

6 (1) ANNUAL REPORT ON ADVANCING FREEDOM

7 AND DEMOCRACY.—The term ‘‘Annual Report on

8 Advancing Freedom and Democracy’’ refers to the

9 annual report submitted to Congress by the Depart10 ment of State pursuant to section 665(c) of the For11 eign Relations Authorization Act, Fiscal Year 2003

12 (Public Law 107–228; 22 U.S.C. 2151n note), in

13 which the Department reports on actions taken by

14 the United States Government to encourage respect

15 for human rights and democracy.

16 (2) ASSISTANT SECRETARY.—The term ‘‘Assist17 ant Secretary’’ means the Assistant Secretary of

18 State for Democracy, Human Rights, and Labor.

19 (3) COMMUNITY OF DEMOCRACIES AND COMMU20 NITY.—The terms ‘‘Community of Democracies’’

21 and ‘‘Community’’ mean the association of demo22 cratic countries committed to the global promotion

23 of democratic principles, practices, and values, which

24 held its First Ministerial Conference in Warsaw, Po25 land, in June 2000.
†

485

S 4 ES

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

2 means the Department of State.

3 (5) UNDER SECRETARY.—The term ‘‘Under

4 Secretary’’ means the Under Secretary of State for

5 Democracy and Global Affairs.

6 Subtitle A—Liaison Officers and

7 Fellowship Program to Enhance

8 the Promotion of Democracy

9 SEC. 1911. DEMOCRACY LIAISON OFFICERS.

10 (a) IN GENERAL.—The Secretary of State shall es11 tablish and staff Democracy Liaison Officer positions,

12 under the supervision of the Assistant Secretary, who may

13 be assigned to the following posts:

14 (1) United States missions to, or liaison with,

15 regional and multilateral organizations, including the

16 United States missions to the European Union, Afri17 can Union, Organization of American States and

18 any other appropriate regional organization, Organi19 zation for Security and Cooperation in Europe, the

20 United Nations and its relevant specialized agencies,

21 and the North Atlantic Treaty Organization.

22 (2) Regional public diplomacy centers of the

23 Department.

24 (3) United States combatant commands.
†

486

S 4 ES

1 (4) Other posts as designated by the Secretary

2 of State.

3 (b) RESPONSIBILITIES.—Each Democracy Liaison

4 Officer should—

5 (1) provide expertise on effective approaches to

6 promote and build democracy;

7 (2) assist in formulating and implementing

8 strategies for transitions to democracy; and

9 (3) carry out other responsibilities as the Sec10 retary of State and the Assistant Secretary may as11 sign.

12 (c) NEW POSITIONS.—The Democracy Liaison Offi13 cer positions established under subsection (a) should be

14 new positions that are in addition to existing officer posi15 tions with responsibility for other human rights and de16 mocracy related issues and programs.

17 (d) RELATIONSHIP TO OTHER AUTHORITIES.—Noth18 ing in this section may be construed as removing any au19 thority or responsibility of a chief of mission or other em20 ployee of a diplomatic mission of the United States pro21 vided under any other provision of law, including any au22 thority or responsibility for the development or implemen23 tation of strategies to promote democracy.
†

487

S 4 ES

1 SEC. 1912. DEMOCRACY FELLOWSHIP PROGRAM.

2 (a) REQUIREMENT FOR PROGRAM.—The Secretary of

3 State shall establish a Democracy Fellowship Program to

4 enable Department officers to gain an additional perspec5 tive on democracy promotion abroad by working on democ6 racy issues in congressional committees with oversight

7 over the subject matter of this title, including the Com8 mittee on Foreign Relations and the Committee on Appro9 priations of the Senate and the Committee on Foreign Af10 fairs and the Committee on Appropriations of the House

11 of Representatives, and in nongovernmental organizations

12 involved in democracy promotion.

13 (b) SELECTION AND PLACEMENT.—The Assistant

14 Secretary shall play a central role in the selection of De15 mocracy Fellows and facilitate their placement in appro16 priate congressional offices and nongovernmental organi17 zations.

18 (c) EXCEPTION.—A Democracy Fellow may not be

19 assigned to any congressional office until the Secretary of

20 Defense certifies to the Committee on Armed Services and

21 the Committee on Foreign Relations of the Senate and

22 the Committee on Armed Services and the Committee on

23 Foreign Affairs of the House of Representatives that the

24 request of the Commander of the United States Central

25 Command for the Department of State for personnel and

26 foreign service officers has been fulfilled.
†

488

S 4 ES

1 SEC. 1913. TRANSPARENCY OF UNITED STATES BROAD2 CASTING TO ASSIST IN OVERSIGHT AND EN3 SURE PROMOTION OF HUMAN RIGHTS AND

4 DEMOCRACY IN INTERNATIONAL BROAD5 CASTS.

6 (a) TRANSCRIPTS.—The Broadcasting Board of Gov7 ernors shall transcribe into English all original broad8 casting content.

9 (b) PUBLIC TRANSPARENCY.—The Broadcasting

10 Board of Governors shall post all English transcripts from

11 its broadcasting content on a publicly available website

12 within 30 days of the original broadcast.

13 (c) BROADCASTING CONTENT DEFINED.—In this

14 section, the term ‘‘broadcasting content’’ includes pro15 gramming produced or broadcast by United State inter16 national broadcasters, including—

17 (1) Voice of America;

18 (2) Alhurra;

19 (3) Radio Sawa;

20 (4) Radio Farda;

21 (5) Radio Free Europe/Radio Liberty;

22 (6) Radio Free Asia; and

23 (7) The Office of Cuba Broadcasting.
†

489

S 4 ES

1 Subtitle B—Annual Report on Ad2 vancing Freedom and Democ3 racy

4 SEC. 1921. ANNUAL REPORT.

5 (a) REPORT TITLE.—Section 665(c) of the Foreign

6 Relations Authorization Act, Fiscal Year 2003 (Public

7 Law 107–228; 22 U.S.C. 2151n note) is amended in the

8 first sentence by inserting ‘‘entitled the Advancing Free9 dom and Democracy Report’’ before the period at the end.

10 (b) SCHEDULE FOR SUBMISSION.—If a report enti11 tled the Advancing Freedom and Democracy Report pur12 suant to section 665(c) of the Foreign Relations Author13 ization Act, Fiscal Year 2003, as amended by subsection

14 (a), is submitted under such section, such report shall be

15 submitted not later than 90 days after the date of submis16 sion of the report required by section 116(d) of the For17 eign Assistance Act of 1961 (22 U.S.C. 2151n(d)).

18 (c) CONFORMING AMENDMENT.—Section 665(c) of

19 the Foreign Relations Authorization Act, Fiscal Year

20 2003 (Public Law 107–228; 2151n note) is amended by

21 striking ‘‘30 days’’ and inserting ‘‘90 days’’.

22 SEC. 1922. SENSE OF CONGRESS ON TRANSLATION OF

23 HUMAN RIGHTS REPORTS.

24 It is the sense of Congress that the Secretary of State

25 should continue to ensure and expand the timely trans-
†

490

S 4 ES

1 lation of Human Rights and International Religious Free2 dom reports and the Annual Report on Advancing Free3 dom and Democracy prepared by personnel of the Depart4 ment of State into the principal languages of as many

5 countries as possible. Translations are welcomed because

6 information on United States support for universal enjoy7 ment of freedoms and rights serves to encourage individ8 uals around the globe seeking to advance the cause of free9 dom in their countries.

10 Subtitle C—Advisory Committee on

11 Democracy Promotion and the

12 Internet Website of the Depart13 ment of State

14 SEC. 1931. ADVISORY COMMITTEE ON DEMOCRACY PRO15 MOTION.

16 Congress commends the Secretary of State for cre17 ating an Advisory Committee on Democracy Promotion,

18 and it is the sense of Congress that the Committee should

19 play a significant role in the Department’s trans20 formational diplomacy by advising the Secretary of State

21 regarding United States efforts to promote democracy and

22 democratic transition in connection with the formulation

23 and implementation of United States foreign policy and

24 foreign assistance.
†

491

S 4 ES

1 SEC. 1932. SENSE OF CONGRESS ON THE INTERNET

2 WEBSITE OF THE DEPARTMENT OF STATE.

3 It is the sense of Congress that—

4 (1) the Secretary of State should continue and

5 further expand the Secretary’s existing efforts to in6 form the public in foreign countries of the efforts of

7 the United States to promote democracy and defend

8 human rights through the Internet website of the

9 Department of State;

10 (2) the Secretary of State should continue to

11 enhance the democracy promotion materials and re12 sources on that Internet website, as such enhance13 ment can benefit and encourage those around the

14 world who seek freedom; and

15 (3) such enhancement should include where

16 possible and practical, translated reports on democ17 racy and human rights prepared by personnel of the

18 Department, narratives and histories highlighting

19 successful nonviolent democratic movements, and

20 other relevant material.

21 Subtitle D—Training in Democracy

22 and Human Rights; Promotions

23 SEC. 1941. SENSE OF CONGRESS ON TRAINING IN DEMOC24 RACY AND HUMAN RIGHTS.

25 It is the sense of Congress that—
†

492

S 4 ES

1 (1) the Secretary of State should continue to

2 enhance and expand the training provided to foreign

3 service officers and civil service employees on how to

4 strengthen and promote democracy and human

5 rights; and

6 (2) the Secretary of State should continue the

7 effective and successful use of case studies and prac8 tical workshops addressing potential challenges, and

9 work with non-state actors, including nongovern10 mental organizations that support democratic prin11 ciples, practices, and values.

12 SEC. 1942. SENSE OF CONGRESS ON ADVANCE DEMOCRACY

13 AWARD.

14 It is the sense of Congress that—

15 (1) the Secretary of State should further

16 strengthen the capacity of the Department to carry

17 out result-based democracy promotion efforts

18 through the establishment of awards and other em19 ployee incentives, including the establishment of an

20 annual award known as Outstanding Achievements

21 in Advancing Democracy, or the ADVANCE Democ22 racy Award, that would be awarded to officers or

23 employees of the Department; and

24 (2) the Secretary of State should establish the

25 procedures for selecting recipients of such award, in-
†

493

S 4 ES

1 cluding any financial terms, associated with such

2 award.

3 SEC. 1943. PROMOTIONS.

4 The precepts for selection boards responsible for rec5 ommending promotions of foreign service officers, includ6 ing members of the senior foreign service, should include

7 consideration of a candidate’s experience or service in pro8 motion of human rights and democracy.

9 SEC. 1944. PROGRAMS BY UNITED STATES MISSIONS IN

10 FOREIGN COUNTRIES AND ACTIVITIES OF

11 CHIEFS OF MISSION.

12 It is the sense of Congress that each chief of mission

13 should provide input on the actions described in the Ad14 vancing Freedom and Democracy Report submitted under

15 section 665(c) of the Foreign Relations Authorization Act,

16 Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2151n

17 note), as amended by section 1621, and should intensify

18 democracy and human rights promotion activities.

19 Subtitle E—Alliances With

20 Democratic Countries

21 SEC. 1951. ALLIANCES WITH DEMOCRATIC COUNTRIES.

22 (a) ESTABLISHMENT OF AN OFFICE FOR THE COM23 MUNITY OF DEMOCRACIES.—The Secretary of State

24 should, and is authorized to, establish an Office for the

25 Community of Democracies with the mission to further de-
†

494

S 4 ES

1 velop and strengthen the institutional structure of the

2 Community of Democracies, develop interministerial

3 projects, enhance the United Nations Democracy Caucus,

4 manage policy development of the United Nations Democ5 racy Fund, and enhance coordination with other regional

6 and multilateral bodies with jurisdiction over democracy

7 issues.

8 (b) SENSE OF CONGRESS ON INTERNATIONAL CEN9 TER FOR DEMOCRATIC TRANSITION.—It is the sense of

10 Congress that the International Center for Democratic

11 Transition, an initiative of the Government of Hungary,

12 serves to promote practical projects and the sharing of

13 best practices in the area of democracy promotion and

14 should be supported by, in particular, other European

15 countries with experiences in democratic transitions, the

16 United States, and private individuals.

17 Subtitle F—Funding for Promotion

18 of Democracy

19 SEC. 1961. SENSE OF CONGRESS ON THE UNITED NATIONS

20 DEMOCRACY FUND.

21 It is the sense of Congress that the United States

22 should work with other countries to enhance the goals and

23 work of the United Nations Democracy Fund, an essential

24 tool to promote democracy, and in particular support civil
†

495

S 4 ES

1 society in their efforts to help consolidate democracy and

2 bring about transformational change.

3 SEC. 1962. THE HUMAN RIGHTS AND DEMOCRACY FUND.

4 The purpose of the Human Rights and Democracy

5 Fund should be to support innovative programming,

6 media, and materials designed to uphold democratic prin7 ciples, support and strengthen democratic institutions,

8 promote human rights and the rule of law, and build civil

9 societies in countries around the world.

Passed the Senate March 13, 2007.

Attest:

Secretary.
110TH CONGRESS

1ST SESSION S. 4

AN ACT

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