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‘‘(ii) to the head of such department, agen-
cy, or element; and
‘‘(iii) to the Privacy and Civil Liberties
Oversight Board; and
‘‘(B) which shall be in unclassified form to
the greatest extent possible, with a classified
annex where necessary.
‘‘(2) CONTENTS.—Each report submitted under
paragraph (1) shall include information on the dis-
charge of each of the functions of the officer concerned,
including—
‘‘(A) information on the number and types
of reviews undertaken;
‘‘(B) the type of advice provided and the re-
sponse given to such advice;
‘‘(C) the number and nature of the com-
plaints received by the department, agency, or
element concerned for alleged violations; and
‘‘(D) a summary of the disposition of such
complaints, the reviews and inquiries conducted,
and the impact of the activities of such officer.
‘‘(g) INFORMING THE PUBLIC.—Each privacy officer
and civil liberties officer shall—
‘‘(1) make the reports of such officer, including
reports to Congress, available to the public to the
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greatest extent that is consistent with the protection
of classified information and applicable law; and
‘‘(2) otherwise inform the public of the activities
of such officer, as appropriate and in a manner con-
sistent with the protection of classified information
and applicable law.
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall
be construed to limit or otherwise supplant any other au-
thorities or responsibilities provided by law to privacy offi-
cers or civil liberties officers.’’.
(b) CLERICAL AMENDMENT.—The table of contents for
the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108–458) is amended by striking the
item relating to section 1062 and inserting the following
new item:
‘‘Sec. 1062. Privacy and civil liberties officers.’’.
SEC. 603. DEPARTMENT PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6
U.S.C. 142) is amended—
(1) by inserting ‘‘(a) APPOINTMENT AND RE-
SPONSIBILITIES.—’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following:
‘‘(b) AUTHORITY TO INVESTIGATE.—
‘‘(1) IN GENERAL.—The senior official appointed
under subsection (a) may—
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‘‘(A) have access to all records, reports, au-
dits, reviews, documents, papers, recommenda-
tions, and other materials available to the De-
partment that relate to programs and operations
with respect to the responsibilities of the senior
official under this section;
‘‘(B) make such investigations and reports
relating to the administration of the programs
and operations of the Department that are nec-
essary or desirable as determined by that senior
official;
‘‘(C) subject to the approval of the Sec-
retary, require by subpoena the production, by
any person other than a Federal agency, of all
information, 
documents, 
reports, 
answers,
records, accounts, papers, and other data and
documentary evidence necessary to performance
of the responsibilities of the senior official under
this section; and
‘‘(D) administer to or take from any person
an oath, affirmation, or affidavit, whenever nec-
essary to performance of the responsibilities of
the senior official under this section.
‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub-
poena issued under paragraph (1)(C) shall, in the
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case of contumacy or refusal to obey, be enforceable by
order of any appropriate United States district court.
‘‘(3) EFFECT OF OATHS.—Any oath, affirmation,
or affidavit administered or taken under paragraph
(1)(D) by or before an employee of the Privacy Office
designated for that purpose by the senior official ap-
pointed under subsection (a) shall have the same force
and effect as if administered or taken by or before an
officer having a seal of office.
‘‘(c) SUPERVISION AND COORDINATION.—
‘‘(1) IN GENERAL.—The senior official appointed
under subsection (a) shall—
‘‘(A) report to, and be under the general su-
pervision of, the Secretary; and
‘‘(B) coordinate activities with the Inspector
General of the Department in order to avoid du-
plication of effort.
‘‘(2) NOTIFICATION
TO
CONGRESS
ON
RE-
MOVAL.—If the Secretary removes the senior official
appointed under subsection (a) or transfers that sen-
ior official to another position or location within the
Department, the Secretary shall—
‘‘(A) promptly submit a written notifica-
tion of the removal or transfer to Houses of Con-
gress; and
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‘‘(B) include in any such notification the
reasons for the removal or transfer.
‘‘(d) REPORTS BY SENIOR OFFICIAL TO CONGRESS.—
The senior official appointed under subsection (a) shall—
‘‘(1) submit reports directly to the Congress re-
garding performance of the responsibilities of the sen-
ior official under this section, without any prior com-
ment or amendment by the Secretary, Deputy Sec-
retary, or any other officer or employee of the Depart-
ment or the Office of Management and Budget; and
‘‘(2) inform the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives not later than—
‘‘(A) 30 days after the Secretary dis-
approves the senior official’s request for a sub-
poena under subsection (b)(1)(C) or the Sec-
retary substantively modifies the requested sub-
poena; or
‘‘(B) 45 days after the senior official’s re-
quest for a subpoena under subsection (b)(1)(C),
if that subpoena has not either been approved or
disapproved by the Secretary.’’.
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SEC. 604. FEDERAL AGENCY DATA MINING REPORTING ACT
OF 2007.
(a) SHORT TITLE.—This section may be cited as the
‘‘Federal Agency Data Mining Reporting Act of 2007’’.
(b) DEFINITIONS.—In this section:
(1) DATA
MINING.—The term ‘‘data mining’’
means a program involving pattern-based queries,
searches, or other analyses of 1 or more electronic
databases, where—
(A) a department or agency of the Federal
Government, or a non-Federal entity acting on
behalf of the Federal Government, is conducting
the queries, searches, or other analyses to dis-
cover or locate a predictive pattern or anomaly
indicative of terrorist or criminal activity on the
part of any individual or individuals;
(B) the queries, searches, or other analyses
are not subject-based and do not use personal
identifiers of a specific individual, or inputs as-
sociated with a specific individual or group of
individuals, to retrieve information from the
database or databases; and
(C) the purpose of the queries, searches, or
other analyses is not solely—
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(i) the detection of fraud, waste, or
abuse in a Government agency or program;
or
(ii) the security of a Government com-
puter system.
(2) DATABASE.—The term ‘‘database’’ does not
include telephone directories, news reporting, infor-
mation publicly available to any member of the pub-
lic without payment of a fee, or databases of judicial
and administrative opinions or other legal research
sources.
(c) REPORTS ON DATA MINING ACTIVITIES BY FED-
ERAL AGENCIES.—
(1) IN GENERAL.—Subsection (d) of this section
shall have no force or effect.
(2) REPORTS.—
(A) REQUIREMENT FOR REPORT.—The head
of each department or agency of the Federal Gov-
ernment that is engaged in any activity to use
or develop data mining shall submit a report to
Congress on all such activities of the department
or agency under the jurisdiction of that official.
The report shall be produced in coordination
with the privacy officer of that department or
agency, if applicable, and shall be made avail-
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able to the public, except for an annex described
in subparagraph (C).
(B) CONTENT
OF
REPORT.—Each report
submitted under subparagraph (A) shall include,
for each activity to use or develop data mining,
the following information:
(i) A thorough description of the data
mining activity, its goals, and, where ap-
propriate, the target dates for the deploy-
ment of the data mining activity.
(ii) A thorough description of the data
mining technology that is being used or will
be used, including the basis for determining
whether a particular pattern or anomaly is
indicative of terrorist or criminal activity.
(iii) A thorough description of the data
sources that are being or will be used.
(iv) An assessment of the efficacy or
likely efficacy of the data mining activity
in providing accurate information con-
sistent with and valuable to the stated goals
and plans for the use or development of the
data mining activity.
(v) An assessment of the impact or
likely impact of the implementation of the
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data mining activity on the privacy and
civil liberties of individuals, including a
thorough description of the actions that are
being taken or will be taken with regard to
the property, privacy, or other rights or
privileges of any individual or individuals
as a result of the implementation of the
data mining activity.
(vi) A list and analysis of the laws
and regulations that govern the information
being or to be collected, reviewed, gathered,
analyzed, or used in conjunction with the
data mining activity, to the extent applica-
ble in the context of the data mining activ-
ity.
(vii) A thorough discussion of the poli-
cies, procedures, and guidelines that are in
place or that are to be developed and ap-
plied in the use of such data mining activ-
ity in order to—
(I) protect the privacy and due
process rights of individuals, such as
redress procedures; and
(II) ensure that only accurate and
complete information is collected, re-
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viewed, gathered, analyzed, or used,
and guard against any harmful con-
sequences of potential inaccuracies.
(C) ANNEX.—
(i) IN GENERAL.—A report under sub-
paragraph (A) shall include in an annex
any necessary—
(I) classified information;
(II) law enforcement sensitive in-
formation;
(III) proprietary business infor-
mation; or
(IV) trade secrets (as that term is
defined in section 1839 of title 18,
United States Code).
(ii) AVAILABILITY.—Any annex de-
scribed in clause (i)—
(I) shall be available, as appro-
priate, and consistent with the Na-
tional Security Act of 1947 (50 U.S.C.
401 et seq.), to the Committee on
Homeland Security and Governmental
Affairs, the Committee on the Judici-
ary, the Select Committee on Intel-
ligence, the Committee on Appropria-
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tions, and the Committee on Banking,
Housing, and Urban Affairs of the
Senate and the Committee on Home-
land Security, the Committee on the
Judiciary, the Permanent Select Com-
mittee on Intelligence, the Committee
on Appropriations, and the Committee
on Financial Services of the House of
Representatives; and
(II) shall not be made available to
the public.
(D) TIME FOR REPORT.—Each report re-
quired under subparagraph (A) shall be—
(i) submitted not later than 180 days
after the date of enactment of this Act; and
(ii) updated not less frequently than
annually thereafter, to include any activity
to use or develop data mining engaged in
after the date of the prior report submitted
under subparagraph (A).
(d) REPORTS ON DATA MINING ACTIVITIES BY FED-
ERAL AGENCIES.—
(1) REQUIREMENT FOR REPORT.—The head of
each department or agency of the Federal Government
that is engaged in any activity to use or develop data
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mining shall submit a report to Congress on all such
activities of the department or agency under the juris-
diction of that official. The report shall be made
available to the public, except for a classified annex
described paragraph (2)(H).
(2) CONTENT
OF
REPORT.—Each report sub-
mitted under paragraph (1) shall include, for each ac-
tivity to use or develop data mining, the following in-
formation:
(A) A thorough description of the data min-
ing activity, its goals, and, where appropriate,
the target dates for the deployment of the data
mining activity.
(B) A thorough description, without reveal-
ing existing patents, proprietary business proc-
esses, trade secrets, and intelligence sources and
methods, of the data mining technology that is
being used or will be used, including the basis
for determining whether a particular pattern or
anomaly is indicative of terrorist or criminal ac-
tivity.
(C) A thorough description of the data
sources that are being or will be used.
(D) An assessment of the efficacy or likely
efficacy of the data mining activity in providing
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accurate information consistent with and valu-
able to the stated goals and plans for the use or
development of the data mining activity.
(E) An assessment of the impact or likely
impact of the implementation of the data mining
activity on the privacy and civil liberties of in-
dividuals, including a thorough description of
the actions that are being taken or will be taken
with regard to the property, privacy, or other
rights or privileges of any individual or individ-
uals as a result of the implementation of the
data mining activity.
(F) A list and analysis of the laws and reg-
ulations that govern the information being or to
be collected, reviewed, gathered, analyzed, or used
with the data mining activity.
(G) A thorough discussion of the policies,
procedures, and guidelines that are in place or
that are to be developed and applied in the use
of such technology for data mining in order to—
(i) protect the privacy and due process
rights of individuals, such as redress proce-
dures; and
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(ii) ensure that only accurate informa-
tion is collected, reviewed, gathered, ana-
lyzed, or used.
(H) Any necessary classified information in
an annex that shall be available, as appropriate,
to the Committee on Homeland Security and
Governmental Affairs, the Committee on the Ju-
diciary, the Select Committee on Intelligence,
and the Committee on Appropriations of the
Senate and the Committee on Homeland Secu-
rity, the Committee on the Judiciary, the Perma-
nent Select Committee on Intelligence, and the
Committee on Appropriations of the House of
Representatives.
(3) TIME FOR REPORT.—Each report required
under paragraph (1) shall be—
(A) submitted not later than 180 days after
the date of enactment of this Act; and
(B) updated not less frequently than annu-
ally thereafter, to include any activity to use or
develop data mining engaged in after the date of
the prior report submitted under paragraph (1).
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TITLE 
VII—ENHANCED 
DE-
FENSES AGAINST WEAPONS
OF MASS DESTRUCTION
SEC. 701. NATIONAL BIOSURVEILLANCE INTEGRATION CEN-
TER.
(a) IN GENERAL.—Title III of the Homeland Security
Act of 2002 (6 U.S.C. et seq.) is amended by adding at
the end the following:
‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION
CENTER.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘biological event of national sig-
nificance’ means—
‘‘(A) an act of terrorism that uses a biologi-
cal agent, toxin, or other product derived from a
biological agent; or
‘‘(B) a naturally-occurring outbreak of an
infectious disease that may result in a national
epidemic;
‘‘(2) the term ‘Member Agencies’ means the de-
partments and agencies described in subsection (d)(1);
‘‘(3) the term ‘NBIC’ means the National Bio-
surveillance Integration Center established under sub-
section (b);
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‘‘(4) the term ‘NBIS’ means the National Bio-
surveillance Integration System established under
subsection (b); and
‘‘(5) the term ‘Privacy Officer’ means the Pri-
vacy Officer appointed under section 222.
‘‘(b) ESTABLISHMENT.—The Secretary shall establish,
operate, and maintain a National Biosurveillance Integra-
tion Center, headed by a Directing Officer, under an exist-
ing office or directorate of the Department, subject to the
availability of appropriations, to oversee development and
operation of the National Biosurveillance Integration Sys-
tem.
‘‘(c) PRIMARY MISSION.—The primary mission of the
NBIC is to enhance the capability of the Federal Govern-
ment to—
‘‘(1) rapidly identify, characterize, localize, and
track a biological event of national significance by in-
tegrating and analyzing data from human health,
animal, plant, food, and environmental monitoring
systems (both national and international); and
‘‘(2) disseminate alerts and other information re-
garding such data analysis to Member Agencies and,
in consultation with relevant member agencies, to
agencies of State, local, and tribal governments, as
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appropriate, to enhance the ability of such agencies to
respond to a biological event of national significance.
‘‘(d) REQUIREMENTS.—The NBIC shall design the
NBIS to detect, as early as possible, a biological event of
national significance that presents a risk to the United
States or the infrastructure or key assets of the United
States, including—
‘‘(1) if a Federal department or agency, at the
discretion of the head of that department or agency,
has entered a memorandum of understanding regard-
ing participation in the NBIC, consolidating data
from all relevant surveillance systems maintained by
that department or agency to detect biological events
of national significance across human, animal, and
plant species;
‘‘(2) seeking private sources of surveillance, both
foreign and domestic, when such sources would en-
hance coverage of critical surveillance gaps;
‘‘(3) using an information technology system
that uses the best available statistical and other ana-
lytical tools to identify and characterize biological
events of national significance in as close to real-time
as is practicable;
‘‘(4) providing the infrastructure for such inte-
gration, including information technology systems
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and space, and support for personnel from Member
Agencies with sufficient expertise to enable analysis
and interpretation of data;
‘‘(5) working with Member Agencies to create in-
formation technology systems that use the minimum
amount of patient data necessary and consider pa-
tient confidentiality and privacy issues at all stages
of development and apprise the Privacy Officer of
such efforts; and
‘‘(6) alerting relevant Member Agencies and, in
consultation with relevant Member Agencies, public
health agencies of State, local, and tribal governments
regarding any incident that could develop into a bio-
logical event of national significance.
‘‘(e) RESPONSIBILITIES OF THE SECRETARY.—
‘‘(1) IN GENERAL.—The Secretary shall—
‘‘(A) ensure that the NBIC is fully oper-
ational not later than September 30, 2008;
‘‘(B) not later than 180 days after the date
of enactment of this section and on the date that
the NBIC is fully operational, submit a report to
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of
Representatives on the progress of making the
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NBIC operational addressing the efforts of the
NBIC to integrate surveillance efforts of Federal,
State, local, and tribal governments.
‘‘(f) RESPONSIBILITIES OF THE DIRECTING OFFICER
OF THE NBIC.—
‘‘(1) IN GENERAL.—The Directing Officer of the
NBIC shall—
‘‘(A) establish an entity to perform all oper-
ations and assessments related to the NBIS;
‘‘(B) on an ongoing basis, monitor the
availability and appropriateness of contributing
surveillance systems and solicit new surveillance
systems that would enhance biological situational
awareness or overall performance of the NBIS;
‘‘(C) on an ongoing basis, review and seek
to improve the statistical and other analytical
methods utilized by the NBIS;
‘‘(D) receive and consider other relevant
homeland security information, as appropriate;
and
‘‘(E) provide technical assistance, as appro-
priate, to all Federal, regional, State, local, and
tribal government entities and private sector en-
tities that contribute data relevant to the oper-
ation of the NBIS.
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‘‘(2) ASSESSMENTS.—The Directing Officer of
the NBIC shall—
‘‘(A) on an ongoing basis, evaluate available
data for evidence of a biological event of national
significance; and
‘‘(B) integrate homeland security informa-
tion with NBIS data to provide overall situa-
tional awareness and determine whether a bio-
logical event of national significance has oc-
curred.
‘‘(3) INFORMATION SHARING.—
‘‘(A) IN GENERAL.—The Directing Officer of
the NBIC shall—
‘‘(i) establish a method of real-time
communication with the National Oper-
ations Center, to be known as the Biological
Common Operating Picture;
‘‘(ii) in the event that a biological
event of national significance is detected,
notify the Secretary and disseminate results
of NBIS assessments related to that biologi-
cal event of national significance to appro-
priate Federal response entities and, in con-
sultation with relevant member agencies, re-
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gional, State, local, and tribal governmental
response entities in a timely manner;
‘‘(iii) provide any report on NBIS as-
sessments to Member Agencies and, in con-
sultation with relevant member agencies,
any affected regional, State, local, or tribal
government, and any private sector entity
considered appropriate that may enhance
the mission of such Member Agencies, gov-
ernments, or entities or the ability of the
Nation to respond to biological events of na-
tional significance; and
‘‘(iv) share NBIS incident or situa-
tional awareness reports, and other relevant
information, consistent with the informa-
tion sharing environment established under
section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C.
485) and any policies, guidelines, proce-
dures, instructions, or standards established
by the President or the program manager
for the implementation and management of
that environment.
‘‘(B) COORDINATION.—The Directing Offi-
cer of the NBIC shall implement the activities
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described in subparagraph (A) in coordination
with the program manager for the information
sharing environment of the Office of the Director
of National Intelligence, the Under Secretary for
Intelligence and Analysis, and other offices or
agencies of the Federal Government, as appro-
priate.
‘‘(g) RESPONSIBILITIES OF THE NBIC MEMBER AGEN-
CIES.—
‘‘(1) 
IN
GENERAL.—Each 
Member 
Agency
shall—
‘‘(A) use its best efforts to integrate bio-
surveillance information into the NBIS, with the
goal of promoting information sharing between
Federal, State, local, and tribal governments to
detect biological events of national significance;
‘‘(B) participate in the formation and
maintenance of the Biological Common Oper-
ating Picture to facilitate timely and accurate
detection and reporting;
‘‘(C) connect the biosurveillance data sys-
tems of that Member Agency to the NBIC data
system under mutually-agreed protocols that
maintain patient confidentiality and privacy;
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‘‘(D) participate in the formation of strat-
egy and policy for the operation of the NBIC
and its information sharing; and
‘‘(E) provide personnel to the NBIC under
an interagency personnel agreement and consider
the qualifications of such personnel necessary to
provide human, animal, and environmental data
analysis and interpretation support to the
NBIC.
‘‘(h) ADMINISTRATIVE AUTHORITIES.—
‘‘(1) HIRING OF EXPERTS.—The Directing Offi-
cer of the NBIC shall hire individuals with the nec-
essary expertise to develop and operate the NBIS.
‘‘(2) DETAIL OF PERSONNEL.—Upon the request
of the Directing Officer of the NBIC, the head of any
Federal department or agency may detail, on a reim-
bursable basis, any of the personnel of that depart-
ment or agency to the Department to assist the NBIC
in carrying out this section.
‘‘(i) JOINT BIOSURVEILLANCE LEADERSHIP COUN-
CIL.—The Directing Officer of the NBIC shall—
‘‘(1) establish an interagency coordination coun-
cil to facilitate interagency cooperation and to advise
the Directing Officer of the NBIC regarding rec-
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ommendations to enhance the biosurveillance capa-
bilities of the Department; and
‘‘(2) invite Member Agencies to serve on such
council.
‘‘(j) RELATIONSHIP TO OTHER DEPARTMENTS AND
AGENCIES.—The authority of the Directing Officer of the
NBIC under this section shall not affect any authority or
responsibility of any other department or agency of the Fed-
eral Government with respect to biosurveillance activities
under any program administered by that department or
agency.
‘‘(k) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’.
(b) CONFORMING AMENDMENT.—The table of contents
in section 1(b) of the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by inserting after the item
relating to section 315 the following:
‘‘Sec. 316. National Biosurveillance Integration Center.’’.
SEC. 702. BIOSURVEILLANCE EFFORTS.
The Comptroller General of the United States shall
submit a report to Congress describing—
(1) the state of Federal, State, local, and tribal
government biosurveillance efforts as of the date of
such report;
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(2) any duplication of effort at the Federal,
State, local, or tribal government level to create bio-
surveillance systems; and
(3) the integration of biosurveillance systems to
allow the maximizing of biosurveillance resources and
the expertise of Federal, State, local, and tribal gov-
ernments to benefit public health.
SEC. 703. INTERAGENCY COORDINATION TO ENHANCE DE-
FENSES 
AGAINST 
NUCLEAR 
AND 
RADIO-
LOGICAL WEAPONS OF MASS DESTRUCTION.
(a) IN GENERAL.—The Homeland Security Act of
2002 is amended by adding after section 1906, as redesig-
nated by section 203 of this Act, the following:
‘‘SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL NUCLEAR
DETECTION ARCHITECTURE.
‘‘(a) ANNUAL REVIEW.—
‘‘(1) IN GENERAL.—The Secretary, the Attorney
General, the Secretary of State, the Secretary of De-
fense, the Secretary of Energy, and the Director of
National Intelligence shall jointly ensure interagency
coordination on the development and implementation
of the global nuclear detection architecture by ensur-
ing that, not less frequently than once each year—
‘‘(A) each relevant agency, office, or
entity—
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‘‘(i) assesses its involvement, support,
and participation in the development, revi-
sion, and implementation of the global nu-
clear detection architecture;
‘‘(ii) examines and evaluates compo-
nents of the global nuclear detection archi-
tecture (including associated strategies and
acquisition plans) that are related to the
operations of that agency, office, or entity,
to determine whether such components in-
corporate and address current threat assess-
ments, scenarios, or intelligence analyses de-
veloped by the Director of National Intel-
ligence or other agencies regarding threats
related to nuclear or radiological weapons
of mass destruction; and
‘‘(B) each agency, office, or entity deploying
or operating any technology acquired by the
Office—
‘‘(i) evaluates the deployment and op-
eration of that technology by that agency,
office, or entity;
‘‘(ii) identifies detection performance
deficiencies and operational or technical de-
ficiencies in that technology; and
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‘‘(iii) assesses the capacity of that
agency, office, or entity to implement the re-
sponsibilities of that agency, office, or entity
under the global nuclear detection architec-
ture.
‘‘(2) TECHNOLOGY.—Not less frequently than
once each year, the Secretary shall examine and
evaluate the development, assessment, and acquisition
of technology by the Office.
‘‘(b) ANNUAL REPORT.—
‘‘(1) IN GENERAL.—Not later than March 31 of
each year, the Secretary, in coordination with the At-
torney General, the Secretary of State, the Secretary
of Defense, the Secretary of Energy, and the Director
of National Intelligence, shall submit a report regard-
ing the compliance of such officials with this section
and the results of the reviews required under sub-
section (a) to—
‘‘(A) the President;
‘‘(B) the Committee on Appropriations, the
Committee on Armed Services, and the Com-
mittee on Homeland Security and Governmental
Affairs of the Senate; and
‘‘(C) the Committee on Appropriations, the
Committee on Armed Services, and the Com-
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mittee on Homeland Security of the House of
Representatives.
‘‘(2) FORM.—Each report submitted under para-
graph (1) shall be submitted in unclassified form to
the maximum extent practicable, but may include a
classified annex.
‘‘(c) DEFINITION.—In this section, the term ‘global nu-
clear detection architecture’ means the global nuclear detec-
tion architecture developed under section 1902.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The
table of contents in section 1(b) of the Homeland Security
Act of 2002 (6 U.S.C. 101 note) is amended by inserting
after the item relating to section 1906, as added by section
203 of this Act, the following:
‘‘Sec. 1907. Joint annual review of global nuclear detection architecture.’’.
TITLE VIII—PRIVATE SECTOR
PREPAREDNESS
SEC. 801. DEFINITIONS.
(a) IN GENERAL.—In this title, the term ‘‘voluntary
national preparedness standards’’ has the meaning given
that term in section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101), as amended by this Act.
(b) HOMELAND SECURITY ACT OF 2002.—Section 2 of
the Homeland Security Act of 2002 (6 U.S.C. 101) is
amended by adding at the end the following:
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‘‘(17) The term ‘voluntary national preparedness
standards’ means a common set of criteria for pre-
paredness, disaster management, emergency manage-
ment, and business continuity programs, such as the
American National Standards Institute’s National
Fire Protection Association Standard on Disaster/
Emergency Management and Business Continuity
Programs (ANSI/NFPA 1600).’’.
SEC. 802. RESPONSIBILITIES OF THE PRIVATE SECTOR OF-
FICE OF THE DEPARTMENT.
(a) IN GENERAL.—Section 102(f) of the Homeland Se-
curity Act of 2002 (6 U.S.C. 112(f)) is amended—
(1) by redesignating paragraphs (8) through (10)
as paragraphs (9) through (11), respectively; and
(2) by inserting after paragraph (7) the fol-
lowing:
‘‘(8) providing information to the private sector
regarding voluntary national preparedness standards
and the business justification for preparedness and
promoting to the private sector the adoption of vol-
untary national preparedness standards;’’.
(b) PRIVATE SECTOR ADVISORY COUNCILS.—Section
102(f)(4) of the Homeland Security Act of 2002 (6 U.S.C.
112(f)(4)) is amended—
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(1) in subparagraph (A), by striking ‘‘and’’ at
the end;
(2) in subparagraph (B), by adding ‘‘and’’ at
the end; and
(3) by adding at the end the following:
‘‘(C) advise the Secretary on private sector
preparedness issues, including effective methods
for—
‘‘(i) promoting voluntary national pre-
paredness standards to the private sector;
‘‘(ii) assisting the private sector in
adopting voluntary national preparedness
standards; and
‘‘(iii) developing and implementing the
accreditation and certification program
under section 522;’’.
SEC. 803. VOLUNTARY NATIONAL PREPAREDNESS STAND-
ARDS 
COMPLIANCE; 
ACCREDITATION 
AND
CERTIFICATION PROGRAM FOR THE PRIVATE
SECTOR.
(a) IN GENERAL.—Title V of the Homeland Security
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding
at the end the following:
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‘‘SEC. 522. VOLUNTARY NATIONAL PREPAREDNESS STAND-
ARDS 
COMPLIANCE; 
ACCREDITATION 
AND
CERTIFICATION PROGRAM FOR THE PRIVATE
SECTOR.
‘‘(a) ACCREDITATION
AND
CERTIFICATION
PRO-
GRAM.—Not later than 120 days after the date of enactment
of this section, the Secretary, in consultation with rep-
resentatives of the organizations that coordinate or facili-
tate the development of and use of voluntary consensus
standards, appropriate voluntary consensus standards de-
velopment organizations, each private sector advisory coun-
cil created under section 102(f)(4), and appropriate private
sector advisory groups such as sector coordinating councils
and information sharing and analysis centers, shall—
‘‘(1) support the development, promulgating, and
updating, as necessary, of voluntary national pre-
paredness standards; and
‘‘(2) develop, implement, and promote a program
to certify the preparedness of private sector entities.
‘‘(b) PROGRAM ELEMENTS.—
‘‘(1) IN GENERAL.—
‘‘(A) PROGRAM.—The program developed
and implemented under this section shall assess
whether a private sector entity complies with
voluntary national preparedness standards.
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‘‘(B) GUIDELINES.—In developing the pro-
gram under this section, the Secretary shall de-
velop guidelines for the accreditation and certifi-
cation processes established under this section.
‘‘(2) STANDARDS.—The Secretary, in consulta-
tion with representatives of organizations that coordi-
nate or facilitate the development of and use of vol-
untary consensus standards representatives of appro-
priate voluntary consensus standards development or-
ganizations, each private sector advisory council cre-
ated under section 102(f)(4), and appropriate private
sector advisory groups such as sector coordinating
councils and information sharing and analysis
centers—
‘‘(A) shall adopt appropriate voluntary na-
tional preparedness standards that promote pre-
paredness, which shall be used in the accredita-
tion and certification program under this sec-
tion; and
‘‘(B) after the adoption of standards under
subparagraph (A), may adopt additional vol-
untary national preparedness standards or mod-
ify or discontinue the use of voluntary national
preparedness standards for the accreditation and
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certification program, as necessary and appro-
priate to promote preparedness.
‘‘(3) TIERING.—The certification program devel-
oped under this section may use a multiple-tiered sys-
tem to rate the preparedness of a private sector entity.
‘‘(4) SMALL
BUSINESS
CONCERNS.—The Sec-
retary and any selected entity shall establish separate
classifications and methods of certification for small
business concerns (as that term is defined in section
3 of the Small Business Act (15 U.S.C. 632)) for the
program under this section.
‘‘(5) CONSIDERATIONS.—In developing and im-
plementing the program under this section, the Sec-
retary shall—
‘‘(A) consider the unique nature of various
sectors within the private sector, including pre-
paredness, business continuity standards, or best
practices, established—
‘‘(i) under any other provision of Fed-
eral law; or
‘‘(ii) by any sector-specific agency, as
defined under Homeland Security Presi-
dential Directive-7; and
‘‘(B) coordinate the program, as appro-
priate, with—
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‘‘(i) other Department private sector
related programs; and
‘‘(ii) preparedness and business con-
tinuity programs in other Federal agencies.
‘‘(c) ACCREDITATION
AND
CERTIFICATION
PROC-
ESSES.—
‘‘(1) AGREEMENT.—
‘‘(A) IN
GENERAL.—Not later than 120
days after the date of enactment of this section,
the Secretary shall enter into 1 or more agree-
ments with the American National Standards
Institute or other similarly qualified nongovern-
mental or other private sector entities to carry
out accreditations and oversee the certification
process under this section.
‘‘(B) CONTENTS.—Any selected entity shall
manage the accreditation process and oversee the
certification process in accordance with the pro-
gram established under this section and accredit
qualified third parties to carry out the certifi-
cation program established under this section.
‘‘(2) PROCEDURES AND REQUIREMENTS FOR AC-
CREDITATION AND CERTIFICATION.—
‘‘(A) IN
GENERAL.—The selected entities
shall collaborate to develop procedures and re-