†
189
HR 4954 EAS
(1) identify a security coordinator to coordinate
security improvements;
(2) develop a comprehensive plan that dem-
onstrates the agency’s capacity for operating and
maintaining the equipment purchased under this sec-
tion; and
(3) report annually to the Department of Home-
land Security on the use of grant funds received
under this section.
(g) RETURN OF MISSPENT GRANT FUNDS.—If the Sec-
retary of Homeland Security determines that a grantee used
any portion of the grant funds received under this section
for a purpose other than the allowable uses specified for that
grant under this section, the grantee shall return any
amount so used to the Treasury of the United States.
SEC. 705. INTELLIGENCE SHARING.
(a) INTELLIGENCE
SHARING.—The Secretary of
Homeland Security shall ensure that the Department of
Transportation receives appropriate and timely notifica-
tion of all credible terrorist threats against public transpor-
tation assets in the United States.
(b) INFORMATION SHARING ANALYSIS CENTER.—
(1) ESTABLISHMENT.—The Secretary of Home-
land Security shall provide sufficient financial assist-
ance for the reasonable costs of the Information Shar-
†
190
HR 4954 EAS
ing and Analysis Center for Public Transportation
(referred to in this subsection as the ‘‘ISAC’’) estab-
lished pursuant to Presidential Directive 63, to pro-
tect critical infrastructure.
(2) PUBLIC TRANSPORTATION AGENCY PARTICI-
PATION.—The Secretary of Homeland Security—
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate
in the ISAC;
(B) shall encourage all other public trans-
portation agencies to participate in the ISAC;
and
(C) shall not charge a fee to any public
transportation agency for participating in the
ISAC.
SEC. 706. RESEARCH, DEVELOPMENT, AND DEMONSTRA-
TION GRANTS AND CONTRACTS.
(a) GRANTS AND CONTRACTS AUTHORIZED.—The Sec-
retary of Homeland Security, through the Homeland Secu-
rity Advanced Research Projects Agency in the Science and
Technology Directorate and in consultation with the Fed-
eral Transit Administration, shall award grants or con-
tracts to public or private entities to conduct research into,
and demonstrate, technologies and methods to reduce and
†
191
HR 4954 EAS
deter terrorist threats or mitigate damages resulting from
terrorist attacks against public transportation systems.
(b) USE OF FUNDS.—Grants or contracts awarded
under subsection (a)—
(1) shall be coordinated with Homeland Security
Advanced Research Projects Agency activities; and
(2) may be used to—
(A) research chemical, biological, radio-
logical, or explosive detection systems that do not
significantly impede passenger access;
(B) research imaging technologies;
(C) conduct product evaluations and test-
ing; and
(D) research other technologies or methods
for reducing or deterring terrorist attacks
against public transportation systems, or miti-
gating damage from such attacks.
(c) REPORTING REQUIREMENT.—Each entity that is
awarded a grant or contract under this section shall report
annually to the Department of Homeland Security on the
use of grant or contract funds received under this section.
(d) RETURN
OF MISSPENT GRANT
OR CONTRACT
FUNDS.—If the Secretary of Homeland Security determines
that a grantee or contractor used any portion of the grant
or contract funds received under this section for a purpose
†
192
HR 4954 EAS
other than the allowable uses specified under subsection (b),
the grantee or contractor shall return any amount so used
to the Treasury of the United States.
SEC. 707. REPORTING REQUIREMENTS.
(a) SEMI-ANNUAL REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than March 31 and
September 30 each year, the Secretary of Homeland
Security shall submit a report, containing the infor-
mation described in paragraph (2), to—
(A) the Committee on Banking, Housing,
and Urban Affairs of the Senate;
(B) the Committee on Homeland Security
and Governmental Affairs of the Senate; and
(C) the Committee on Appropriations of the
Senate.
(2) CONTENTS.—The report submitted under
paragraph (1) shall include—
(A) a description of the implementation of
the provisions of sections 703 through 706;
(B) the amount of funds appropriated to
carry out the provisions of each of sections 703
through 706 that have not been expended or obli-
gated; and
(C) the state of public transportation secu-
rity in the United States.
†
193
HR 4954 EAS
(b) ANNUAL REPORT TO GOVERNORS.—
(1) IN GENERAL.—Not later than March 31 each
year, the Secretary of Homeland Security shall sub-
mit a report to the Governor of each State with a
public transportation agency that has received a
grant under this title.
(2) CONTENTS.—The report submitted under
paragraph (1) shall specify—
(A) the amount of grant funds distributed
to each such public transportation agency; and
(B) the use of such grant funds.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
(a) CAPITAL
SECURITY
ASSISTANCE
PROGRAM.—
There are authorized to be appropriated $2,370,000,000 for
fiscal year 2007 to carry out the provisions of section
704(a), which shall remain available until expended.
(b) OPERATIONAL SECURITY ASSISTANCE PROGRAM.—
There are authorized to be appropriated to carry out the
provisions of section 704(b)—
(1) $534,000,000 for fiscal year 2007;
(2) $333,000,000 for fiscal year 2008; and
(3) $133,000,000 for fiscal year 2009.
(c) INTELLIGENCE.—There are authorized to be appro-
priated such sums as may be necessary to carry out the
provisions of section 705.
†
194
HR 4954 EAS
(d) RESEARCH.—There are authorized to be appro-
priated $130,000,000 for fiscal year 2007 to carry out the
provisions of section 706, which shall remain available
until expended.
SEC. 709. SUNSET PROVISION.
The authority to make grants under this title shall ex-
pire on October 1, 2010.
TITLE VIII—DOMESTIC NUCLEAR
DETECTION OFFICE
SEC. 801. ESTABLISHMENT OF DOMESTIC NUCLEAR DETEC-
TION OFFICE.
(a) ESTABLISHMENT OF OFFICE.—The Homeland Se-
curity Act of 2002 (6 U.S.C. 101 et seq.) is amended by
adding at the end the following:
‘‘TITLE XVIII—DOMESTIC
NUCLEAR DETECTION OFFICE
‘‘SEC. 1801. DOMESTIC NUCLEAR DETECTION OFFICE.
‘‘(a) ESTABLISHMENT.—There shall be established in
the Department of Homeland Security a Domestic Nuclear
Detection Office. The Secretary of Homeland Security may
request that the Secretaries of Defense, Energy, and State,
the Attorney General, the Nuclear Regulatory Commission,
and the directors of other Federal agencies, including ele-
ments of the Intelligence Community, provide for the reim-
†
195
HR 4954 EAS
bursable detail of personnel with relevant expertise to the
Office.
‘‘(b) DIRECTOR.—The Office shall be headed by a Di-
rector for Domestic Nuclear Detection, who shall be ap-
pointed by the President.
‘‘SEC. 1802. MISSION OF OFFICE.
‘‘(a) MISSION.—The Office shall be responsible for co-
ordinating Federal efforts to detect and protect against the
unauthorized importation, possession, storage, transpor-
tation, development, or use of a nuclear explosive device,
fissile material, or radiological material in the United
States, and to protect against attack using such devices or
materials against the people, territory, or interests of the
United States and, to this end, shall—
‘‘(1) serve as the primary entity in the United
States Government to further develop, acquire, and
support the deployment of an enhanced domestic sys-
tem to detect and report on attempts to import, pos-
sess, store, transport, develop, or use an unauthorized
nuclear explosive device, fissile material, or radio-
logical material in the United States, and improve
that system over time;
‘‘(2) enhance and coordinate the nuclear detec-
tion efforts of Federal, State, local, and tribal govern-
†
196
HR 4954 EAS
ments and the private sector to ensure a managed, co-
ordinated response;
‘‘(3) establish, with the approval of the Secretary
of Homeland Security and in coordination with the
Attorney General and the Secretaries of Defense and
Energy, additional protocols and procedures for use
within the United States to ensure that the detection
of unauthorized nuclear explosive devices, fissile mate-
rial, or radiological material is promptly reported to
the Attorney General, the Secretaries of Defense,
Homeland Security, and Energy, and other appro-
priate officials or their respective designees for appro-
priate action by law enforcement, military, emer-
gency response, or other authorities;
‘‘(4) develop, with the approval of the Secretary
of Homeland Security and in coordination with the
Attorney General and the Secretaries of State, De-
fense, and Energy, an enhanced global nuclear detec-
tion architecture with implementation under which—
‘‘(A) the Domestic Nuclear Detection Office
will be responsible for the implementation of the
domestic portion of the global architecture;
‘‘(B) the Secretary of Defense will retain re-
sponsibility for implementation of Department of
†
197
HR 4954 EAS
Defense requirements within and outside the
United States; and
‘‘(C) the Secretaries of State, Defense, and
Energy will maintain their respective respon-
sibilities for policy guidance and implementa-
tion of the portion of the global architecture out-
side the United States, which will be imple-
mented consistent with applicable law and rel-
evant international arrangements;
‘‘(5) conduct, support, coordinate, and encourage
an aggressive, expedited, evolutionary, and trans-
formational program of research and development ef-
forts to prevent and detect the illicit entry, transport,
assembly, or potential use within the United States of
a nuclear explosive device or fissile or radiological
material;
‘‘(6) support and enhance the effective sharing
and use of appropriate information generated by the
intelligence community, law enforcement agencies,
counterterrorism community, other government agen-
cies, and foreign governments, as well as provide ap-
propriate information to such entities;
‘‘(7) further enhance and maintain continuous
awareness by analyzing information from all Domes-
†
198
HR 4954 EAS
tic Nuclear Detection Office mission-related detection
systems; and
‘‘(8) perform other duties as assigned by the Sec-
retary.
‘‘SEC. 1803. HIRING AUTHORITY.
‘‘In hiring personnel for the Office, the Secretary of
Homeland Security shall have the hiring and management
authorities provided in section 1101 of the Strom Thur-
mond National Defense Authorization Act for Fiscal Year
1999 (5 U.S.C. 3104 note; Public Law 105–261). The term
of appointments for employees under subsection (c)(1) of
that section may not exceed 5 years before granting any
extension under subsection (c)(2) of that section.
‘‘SEC. 1804. TESTING AUTHORITY.
‘‘(a) IN GENERAL.—The Director shall coordinate with
the responsible Federal agency or other entity to facilitate
the use by the Office, by its contractors, or by other persons
or entities, of existing Government laboratories, centers,
ranges, or other testing facilities for the testing of materials,
equipment, models, computer software, and other items as
may be related to the missions identified in section 1802.
Any such use of Government facilities shall be carried out
in accordance with all applicable laws, regulations, and
contractual provisions, including those governing security,
safety, and environmental protection, including, when ap-
†
199
HR 4954 EAS
plicable, the provisions of section 309. The Office may direct
that private-sector entities utilizing Government facilities
in accordance with this section pay an appropriate fee to
the agency that owns or operates those facilities to defray
additional costs to the Government resulting from such use.
‘‘(b) CONFIDENTIALITY OF TEST RESULTS.—The re-
sults of tests performed with services made available shall
be confidential and shall not be disclosed outside the Federal
Government without the consent of the persons for whom
the tests are performed.
‘‘(c) FEES.—Fees for services made available under
this section shall not exceed the amount necessary to recoup
the direct and indirect costs involved, such as direct costs
of utilities, contractor support, and salaries of personnel
that are incurred by the United States to provide for the
testing.
‘‘(d) USE OF FEES.—Fees received for services made
available under this section may be credited to the appro-
priation from which funds were expended to provide such
services.
‘‘SEC. 1805. RELATIONSHIP TO OTHER DEPARTMENT ENTI-
TIES AND FEDERAL AGENCIES.
‘‘The authority of the Director under this title shall
not affect the authorities or responsibilities of any officer
of the Department of Homeland Security or of any officer
†
200
HR 4954 EAS
of any other Department or agency of the United States
with respect to the command, control, or direction of the
functions, personnel, funds, assets, and liabilities of any en-
tity within the Department of Homeland Security or any
Federal department or agency.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 103(d) of the Homeland Security Act
of 2002 (6 U.S.C. 113(d)) is amended by adding at
the end the following:
‘‘(5) A Director of the Domestic Nuclear Detec-
tion Office.’’.
(2) Section 302 of such Act (6 U.S.C. 182) is
amended—
(A) in paragraph (2) by striking ‘‘radio-
logical, nuclear’’; and
(B) in paragraph (5)(A) by striking ‘‘radio-
logical, nuclear’’.
(3) Section 305 of such Act (6 U.S.C. 185) is
amended by inserting ‘‘and the Director of the Domes-
tic Nuclear Detection Office’’ after ‘‘Technology’’.
(4) Section 308 of such Act (6 U.S.C. 188) is
amended in each of subsections (a) and (b)(1) by in-
serting ‘‘and the Director of the Domestic Nuclear De-
tection Office’’ after ‘‘Technology’’ each place it ap-
pears.