†
248
HR 1 EAS
‘‘(B) ACCESSIBILITY.—The documentation
and database system established under subpara-
graph (A) shall be accessible to the Federal co-
ordinating officer and other appropriate officials
preparing for or responding to a natural dis-
aster, act of terrorism, or other man-made dis-
aster.
‘‘(6) GUIDANCE TO STATE AND LOCAL GOVERN-
MENTS.—Not later than 6 months after the date of en-
actment of the Improving America’s Security Act of
2007, the Administrator, in collaboration with the ad-
ministrators of the Emergency Management Assist-
ance Compact, State, local, and tribal governments,
emergency response providers, and the organizations
that represent such providers, shall—
‘‘(A) provide detailed written guidance, as-
sistance, and expertise to State, local, and tribal
governments to facilitate the typing of the re-
sources and assets of State, local, and tribal gov-
ernments likely to be used in responding to a
natural disaster, act of terrorism, or other man-
made disaster; and
‘‘(B) assist State, local, and tribal govern-
ments with typing resources and assets of State,
†
249
HR 1 EAS
local, or tribal governments under the guidance
provided under subparagraph (A).
‘‘(7) REPORT.—Not later than 6 months after the
date of enactment of the Improving America’s Secu-
rity Act of 2007, and annually thereafter, the Admin-
istrator shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report describing the implementa-
tion of this subsection, including the number and type
of Federal resources and assets ready to respond to a
natural disaster, act of terrorism, or other man-made
disaster.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated such sums as necessary to
carry out this section.’’; and
(2) by adding after section 522, as added by sec-
tion 803 of this Act, the following:
‘‘SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL INFRA-
STRUCTURE.
‘‘Not later than 6 months after the date of enactment
of the Improving America’s Security Act of 2007, and in
coordination with appropriate national professional orga-
nizations, Federal, State, local, and tribal government
agencies, and private-sector and nongovernmental entities,
†
250
HR 1 EAS
the Administrator shall create model standards or guide-
lines that States may adopt in conjunction with critical
infrastructure owners and operators and their employees to
permit access to restricted areas in the event of a natural
disaster, act of terrorism, or other man-made disaster.’’.
(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(b)) is amended by inserting after
the item relating to section 522, as added by section 803
of this Act, the following:
‘‘Sec. 523. Providing secure access to critical infrastructure.’’.
TITLE XI—CRITICAL
INFRASTRUCTURE PROTECTION
SEC. 1101. CRITICAL INFRASTRUCTURE PROTECTION.
(a) CRITICAL INFRASTRUCTURE LIST.—Not later than
90 days after the date of enactment of this Act, and in co-
ordination with other initiatives of the Secretary relating
to critical infrastructure or key resource protection and
partnerships between the government and private sector, the
Secretary shall establish a risk-based prioritized list of crit-
ical infrastructure and key resources that—
(1) includes assets or systems that, if successfully
destroyed or disrupted through a terrorist attack or
natural catastrophe, would cause catastrophic na-
tional or regional impacts, including—
(A) significant loss of life;
†
251
HR 1 EAS
(B) severe economic harm;
(C) mass evacuations; or
(D) loss of a city, region, or sector of the
economy as a result of contamination, destruc-
tion, or disruption of vital public services; and
(2) reflects a cross-sector analysis of critical in-
frastructure to determine priorities for prevention,
protection, recovery, and restoration.
(b) SECTOR LISTS.—The Secretary shall include levees
in the Department’s list of critical infrastructure sectors.
(c) MAINTENANCE.—Each list created under this sec-
tion shall be reviewed and updated on an ongoing basis,
but at least annually.
(d) ANNUAL REPORT.—
(1) GENERALLY.—Not later than 120 days after
the date of enactment of this Act, and annually there-
after, the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of
the House of Representatives a report summarizing—
(A) the criteria used to develop each list cre-
ated under this section;
(B) the methodology used to solicit and
verify submissions for each list;
†
252
HR 1 EAS
(C) the name, location, and sector classi-
fication of assets in each list created under this
section;
(D) a description of any additional lists or
databases the Department has developed to
prioritize critical infrastructure on the basis of
risk; and
(E) how each list developed under this sec-
tion will be used by the Secretary in program
activities, including grant making.
(2) CLASSIFIED INFORMATION.—
(A) IN GENERAL.—The Secretary shall sub-
mit with each report under this subsection a
classified annex containing information required
to be submitted under this subsection that cannot
be made public.
(B) RETENTION OF CLASSIFICATION.—The
classification of information required to be pro-
vided to Congress, the Department, or any other
department or agency under this section by a
sector-specific agency, including the assignment
of a level of classification of such information,
shall be binding on Congress, the Department,
and that other Federal agency.
†
253
HR 1 EAS
SEC. 1102. RISK ASSESSMENT AND REPORT.
(a) RISK ASSESSMENT.—
(1) IN GENERAL.—The Secretary, pursuant to
the responsibilities under section 202 of the Homeland
Security Act (6 U.S.C. 122), for each fiscal year be-
ginning with fiscal year 2007, shall prepare a risk
assessment of the critical infrastructure and key re-
sources of the Nation which shall—
(A) be organized by sector, including the
critical infrastructure sectors named in Home-
land Security Presidential Directive-7, as in ef-
fect on January 1, 2006; and
(B) contain any actions or countermeasures
proposed, recommended, or directed by the Sec-
retary to address security concerns covered in the
assessment.
(2) RELIANCE
ON
OTHER
ASSESSMENTS.—In
preparing the assessments and reports under this sec-
tion, the Department may rely on a vulnerability as-
sessment or risk assessment prepared by another Fed-
eral agency that the Department determines is pre-
pared in coordination with other initiatives of the
Department relating to critical infrastructure or key
resource protection and partnerships between the gov-
ernment and private sector.
(b) REPORT.—
†
254
HR 1 EAS
(1) IN GENERAL.—Not later than 6 months after
the last day of fiscal year 2007 and for each year
thereafter, the Secretary shall submit a report to the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Home-
land Security of the House of Representatives, and to
each Committee of the Senate and the House of Rep-
resentatives having jurisdiction over the critical in-
frastructure or key resource addressed by the report,
containing a summary and review of the risk assess-
ments prepared by the Secretary under this section
for that fiscal year, which shall be organized by sector
and which shall include recommendations of the Sec-
retary for mitigating risks identified by the assess-
ments.
‘‘(2) CLASSIFIED INFORMATION.—
‘‘(A) IN GENERAL.—The report under this
subsection may contain a classified annex.
‘‘(B) RETENTION OF CLASSIFICATION.—The
classification of information required to be pro-
vided to Congress, the Department, or any other
department or agency under this section by a
sector-specific agency, including the assignment
of a level of classification of such information,
†
255
HR 1 EAS
shall be binding on Congress, the Department,
and that other Federal agency.’’.
SEC. 1103. USE OF EXISTING CAPABILITIES.
Where appropriate, the Secretary shall use the Na-
tional Infrastructure Simulation and Analysis Center to
carry out the actions required under this title.
SEC. 1104. PRIORITIES AND ALLOCATIONS.
Not later than 6 months after the last day of fiscal
year 2007, and for each year thereafter, the Secretary, in
cooperation with the Secretary of Commerce, the Secretary
of Transportation, the Secretary of Defense, and the Sec-
retary of Energy shall submit to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Home-
land Security and Governmental Affairs of the Senate and
the Committee on Financial Services and the Committee
on Homeland Security of the House of Representatives a
report that details the actions taken by the Federal Govern-
ment to ensure, in accordance with subsections (a) and (c)
of section 101 of the Defense Production Act of 1950 (50
U.S.C. App. 2071), the preparedness of industry—
(1) to reduce interruption of critical infrastruc-
ture operations during a terrorist attack, natural ca-
tastrophe, or other similar national emergency; and
(2) to minimize the impact of such catastrophes,
as so described in section 1001(a)(1).
†
256
HR 1 EAS
TITLE XII—CONGRESSIONAL
OVERSIGHT OF INTELLIGENCE
SEC. 1201. AVAILABILITY TO PUBLIC OF CERTAIN INTEL-
LIGENCE FUNDING INFORMATION.
(a) AMOUNTS REQUESTED EACH FISCAL YEAR.—The
President shall disclose to the public for each fiscal year
after fiscal year 2007 the aggregate amount of appropria-
tions requested in the budget of the President for such fiscal
year for the National Intelligence Program.
(b) AMOUNTS AUTHORIZED AND APPROPRIATED EACH
FISCAL YEAR.—Congress shall disclose to the public for
each fiscal year after fiscal year 2007 the aggregate amount
of funds authorized to be appropriated, and the aggregate
amount of funds appropriated, by Congress for such fiscal
year for the National Intelligence Program.
(c) STUDY ON DISCLOSURE OF ADDITIONAL INFORMA-
TION.—
(1) IN GENERAL.—The Director of National In-
telligence shall conduct a study to assess the advis-
ability of disclosing to the public amounts as follows:
(A) The aggregate amount of appropria-
tions requested in the budget of the President for
each fiscal year for each element of the intel-
ligence community.
†
257
HR 1 EAS
(B) The aggregate amount of funds author-
ized to be appropriated, and the aggregate
amount of funds appropriated, by Congress for
each fiscal year for each element of the intel-
ligence community.
(2) REQUIREMENTS.—The study required by
paragraph (1) shall—
(A) address whether or not the disclosure to
the public of the information referred to in that
paragraph would harm the national security of
the United States; and
(B) take into specific account concerns re-
lating to the disclosure of such information for
each element of the intelligence community.
(3) REPORT.—Not later than 180 days after the
date of enactment of this Act, the Director shall sub-
mit to Congress a report on the study required by
paragraph (1).
(d) DEFINITIONS.—In this section—
(1) the term ‘‘element of the intelligence commu-
nity’’ means an element of the intelligence community
specified in or designated under section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4));
and
†
258
HR 1 EAS
(2) the term ‘‘National Intelligence Program’’
has the meaning given that term in section 3(6) of the
National Security Act of 1947 (50 U.S.C. 401a(6)).
SEC. 1202. RESPONSE OF INTELLIGENCE COMMUNITY TO
REQUESTS FROM CONGRESS.
(a) RESPONSE OF INTELLIGENCE COMMUNITY TO RE-
QUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS
AND INFORMATION.—Title V of the National Security Act
of 1947 (50 U.S.C. 413 et seq.) is amended by adding at
the end the following new section:
‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS
FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND
INFORMATION
‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.—The Di-
rector of the National Counterterrorism Center, the Director
of a national intelligence center, or the head of any depart-
ment, agency, or element of the intelligence community
shall, not later than 15 days after receiving a request for
any intelligence assessment, report, estimate, legal opinion,
or other intelligence information from the Select Committee
on Intelligence of the Senate, the Permanent Select Com-
mittee on Intelligence of the House of Representatives, or
any other committee of Congress with jurisdiction over the
subject matter to which information in such assessment, re-
port, estimate, legal opinion, or other information relates,
make available to such committee such assessment, report,
†
259
HR 1 EAS
estimate, legal opinion, or other information, as the case
may be.
‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) The Di-
rector of the National Counterterrorism Center, the Director
of a national intelligence center, or the head of any depart-
ment, agency, or element of the intelligence community shall
respond, in the time specified in subsection (a), to a request
described in that subsection from the Chairman or Vice
Chairman of the Select Committee on Intelligence of the
Senate or the Chairman or Ranking Member of the Perma-
nent Select Committee on Intelligence of the House of Rep-
resentatives.
‘‘(2) Upon making a request covered by paragraph
(1)—
‘‘(A) the Chairman or Vice Chairman, as the
case may be, of the Select Committee on Intelligence
of the Senate shall notify the other of the Chairman
or Vice Chairman of such request; and
‘‘(B) the Chairman or Ranking Member, as the
case may be, of the Permanent Select Committee on
Intelligence of the House of Representatives shall no-
tify the other of the Chairman or Ranking Member of
such request.
‘‘(c) ASSERTION OF PRIVILEGE.—In response to a re-
quest covered by subsection (a) or (b), the Director of the