142
(3) The report also states that ‘‘the choice be-
tween security and liberty is a false choice, as noth-
ing is more likely to endanger America’s liberties 
than the success of a terrorist attack at home. Our 
History has shown that the insecurity threatens lib-
erty at home. Yet if our liberties are curtailed, we 
lose the values that we are struggling to defend.’’. 
(4) On December 17, 2004, Public Law 108–
458, the National Intelligence Reform Act, was 
signed into law. This law created a civil liberties 
board that does not have the authority necessary to 
protect civil liberties. 
SEC. 803. MAKING THE PRIVACY AND CIVIL LIBERTIES 
OVERSIGHT BOARD INDEPENDENT. 
Section 1061(b) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (5 U.S.C. 601 note) is 
amended by striking ‘‘within the Executive Office of the 
President’’ and inserting ‘‘as an independent agency with-
in the Executive branch’’. 
SEC. 804. REQUIRING ALL MEMBERS OF THE PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD BE CON-
FIRMED BY THE SENATE. 
Subsection (e) of section 1061 of the Intelligence Re-
form and Terrorism Prevention Act of 2004 (5 U.S.C. 601 
note) is amended to read as follows:
143
‘‘(e) MEMBERSHIP.—
‘‘(1) MEMBERS.—The Board shall be composed 
of a full-time chairman and 4 additional members, 
who shall be appointed by the President by no later 
than 6 months after the date of the enactment of 
the Protection of Civil Liberties Act, by and with the 
advice and consent of the Senate, which shall move 
expeditiously following each nomination. 
‘‘(2) QUALIFICATIONS.—Members of the Board 
shall be selected solely on the basis of their profes-
sional qualifications, achievements, public stature, 
expertise in civil liberties and privacy, and relevant 
experience, and without regard to political affiliation, 
but in no event shall more than 3 members of the 
Board be members of the same political party. The 
President shall, before appointing an individual who 
is not a member of the same political party as the 
President consult with the leadership of that party, 
if any, in the Senate and House of Representatives. 
‘‘(3) INCOMPATIBLE
OFFICE.—An individual 
appointed to the Board may not, while serving on 
the Board, be an elected official, officer, or employee 
of the Federal Government, other than in the capac-
ity as a member of the Board.
144
‘‘(4) TERM.—Each member of the Board shall 
serve a term of six years, except that—
‘‘(A) a member appointed to a term of of-
fice after the commencement of such term may 
serve under such appointment only for the re-
mainder of such term; 
‘‘(B) upon the expiration of the term of of-
fice of a member, the member shall continue to 
serve until the member’s successor has been ap-
pointed and qualified, except that no member 
may serve under this subparagraph—
‘‘(i) for more than 60 days when Con-
gress is in session unless a nomination to 
fill the vacancy shall have been submitted 
to the Senate; or 
‘‘(ii) after the adjournment sine die of 
the session of the Senate in which such 
nomination is submitted; and 
‘‘(C) the members initially appointed under 
this subsection shall serve terms of two, three, 
four, five, and six years, respectively, from the 
effective date of this Act, with the term of each 
such member to be designated by the President. 
‘‘(5) QUORUM
AND
MEETINGS.—The Board 
shall meet upon the call of the chairman or a major-
145
ity of its members. Three members of the Board 
shall constitute a quorum.’’. 
SEC. 805. SUBPOENA POWER FOR THE PRIVACY AND CIVIL 
LIBERTIES OVERSIGHT BOARD. 
Section 1061(d) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (5 U.S.C. 601 note) is 
amended—
(1) so that subparagraph (D) of paragraph (1) 
reads as follows: 
‘‘(D) require, by subpoena issued at the di-
rection of a majority of the members of the 
Board, persons (other than departments, agen-
cies, and elements of the executive branch) to 
produce any relevant information, documents, 
reports, answers, records, accounts, papers, and 
other documentary or testimonial evidence.’’; 
and 
(2) so that paragraph (2) reads as follows: 
‘‘(2) ENFORCEMENT
OF
SUBPOENA.—In the 
case of contumacy or failure to obey a subpoena 
issued under paragraph (1)(D), the United States 
district court for the judicial district in which the 
subpoenaed person resides, is served, or may be 
found may issue an order requiring such person to 
produce the evidence required by such subpoena.’’.
146
SEC. 806. REPORTING REQUIREMENTS. 
(a) DUTIES OF BOARD.—Paragraph (4) of section 
1061(c) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (5 U.S.C. 601 note) is amended to read 
as follows: 
‘‘(4) REPORTS.—
‘‘(A) RECEIPT, 
REVIEW, 
AND
SUBMIS-
SION.—
‘‘(i) IN GENERAL.—The Board shall—
‘‘(I) receive and review reports 
from privacy officers and civil liberties 
officers described in section 212; and 
‘‘(II) periodically submit, not less 
than semiannually, reports to the ap-
propriate congressional committees, 
including the Committees on the Judi-
ciary of the Senate and the House of 
Representatives, the Committee on 
Homeland Security and Governmental 
Affairs of the Senate, the Committee 
on Oversight and Government Reform 
of the House of Representatives, the 
Select Committee on Intelligence of 
the Senate, and the Permanent Select 
Committee on Intelligence of the 
House of Representatives, the Com-
147
mittee on Homeland Security of the 
House of Representatives, and to the 
President. 
Such reports shall be in unclassified form 
to the greatest extent possible, with a clas-
sified annex where necessary. 
‘‘(ii) CONTENTS.—Not less than 2 re-
ports the Board submits each year under 
clause (i)(II) shall include—
‘‘(I) a description of the major 
activities of the Board during the pre-
ceding period; 
‘‘(II) information on the findings, 
conclusions, and recommendations of 
the Board resulting from its advice 
and oversight functions under sub-
section (c); 
‘‘(III) the minority views on any 
findings, 
conclusions, 
and 
rec-
ommendations of the Board resulting 
from its advice and oversight func-
tions under subsection (c); and 
‘‘(IV) each proposal reviewed by 
the Board under subsection (c)(1) 
that the Board advised against imple-
148
menting, but that notwithstanding 
such advice, was implemented. 
‘‘(B) 
INFORMING
THE
PUBLIC.—The 
Board shall—
‘‘(i) make its reports, including its re-
ports to Congress, available to the public 
to the greatest extent that is consistent 
with the protection of classified informa-
tion and applicable law; and 
‘‘(ii) hold public hearings and other-
wise inform the public of its activities, as 
appropriate and in a manner consistent 
with the protection of classified informa-
tion and applicable law.’’. 
(b) PRIVACY AND CIVIL LIBERTIES OFFICERS.—
(1) DESIGNATION OF OFFICERS.—Section 1062 
of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (118 Stat. 3688) is amended to read as 
follows: 
‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney 
General, the Secretary of Defense, the Secretary of State, 
the Secretary of the Treasury, the Secretary of Health and 
Human Services, the Secretary of Homeland Security, the 
National Intelligence Director, the Director of the Central
149
Intelligence Agency, any other entity within the intel-
ligence community (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 401a)), and the head of 
any other department, agency, or element of the executive 
branch designated by the Privacy and Civil Liberties Over-
sight Board to be appropriate for coverage under this sec-
tion shall designate not less than 1 senior officer to—
‘‘(1) assist the head of such department, agen-
cy, or element and other officials of such depart-
ment, agency, or element in appropriately consid-
ering privacy and civil liberties concerns when such 
officials are proposing, developing, or implementing 
laws, regulations, policies, procedures, or guidelines 
related to efforts to protect the Nation against ter-
rorism; 
‘‘(2) periodically investigate and review depart-
ment, agency, or element actions, policies, proce-
dures, guidelines, and related laws and their imple-
mentation to ensure that such department, agency, 
or element is adequately considering privacy and 
civil liberties in its actions; 
‘‘(3) ensure that such department, agency, or 
element has adequate procedures to receive, inves-
tigate, respond to, and redress complaints from indi-
150
viduals who allege such department, agency, or ele-
ment has violated their privacy or civil liberties; and 
‘‘(4) in providing advice on proposals to retain 
or enhance a particular governmental power the offi-
cer shall consider whether such department, agency, 
or element has established—
‘‘(A) that the power actually enhances se-
curity and the need for the power is balanced 
with the need to protect privacy and civil lib-
erties; 
‘‘(B) that there is adequate supervision of 
the use by such department, agency, or element 
of the power to ensure protection of privacy and 
civil liberties; and 
‘‘(C) that there are adequate guidelines 
and oversight to properly confine its use. 
‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.—
‘‘(1) PRIVACY OFFICERS.—In any department, 
agency, or element referred to in subsection (a) or 
designated by the Board, which has a statutorily 
created privacy officer, such officer shall perform the 
functions specified in subsection (a) with respect to 
privacy. 
‘‘(2) CIVIL LIBERTIES OFFICERS.—In any de-
partment, agency, or element referred to in sub-
151
section (a) or designated by the Board, which has a 
statutorily created civil liberties officer, such officer 
shall perform the functions specified in subsection 
(a) with respect to civil liberties. 
‘‘(c) SUPERVISION AND COORDINATION.—Each pri-
vacy officer or civil liberties officer described in subsection 
(a) or (b) shall—
‘‘(1) report directly to the head of the depart-
ment, agency, or element concerned; and 
‘‘(2) coordinate their activities with the Inspec-
tor General of such department, agency, or element 
to avoid duplication of effort. 
‘‘(d) AGENCY COOPERATION.—The head of each de-
partment, agency, or element shall ensure that each pri-
vacy officer and civil liberties officer—
‘‘(1) has the information, material, and re-
sources necessary to fulfill the functions of such offi-
cer; 
‘‘(2) is advised of proposed policy changes; 
‘‘(3) is consulted by decisionmakers; and 
‘‘(4) is given access to material and personnel 
the officer determines to be necessary to carry out 
the functions of such officer. 
‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No ac-
tion constituting a reprisal, or threat of reprisal, for mak-
152
ing a complaint or for disclosing information to a privacy 
officer or civil liberties officer described in subsection (a) 
or (b), or to the Privacy and Civil Liberties Oversight 
Board, that indicates a possible violation of privacy protec-
tions or civil liberties in the administration of the pro-
grams and operations of the Federal Government relating 
to efforts to protect the Nation from terrorism shall be 
taken by any Federal employee in a position to take such 
action, unless the complaint was made or the information 
was disclosed with the knowledge that it was false or with 
willful disregard for its truth or falsity. 
‘‘(f) PERIODIC REPORTS.—
‘‘(1) IN GENERAL.—The privacy officers and 
civil liberties officers of each department, agency, or 
element referred to or described in subsection (a) or 
(b) shall periodically, but not less than quarterly, 
submit a report on the activities of such officers—
‘‘(A)(i) to the appropriate congressional 
committees, including the Committees on the 
Judiciary of the Senate and the House of Rep-
resentatives, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, 
the Committee on Oversight and Government 
Reform of the House of Representatives, the 
Select Committee on Intelligence of the Senate,
153
and the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
‘‘(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 con-
cerned, including—
‘‘(A) information on the number and types 
of reviews undertaken; 
‘‘(B) the type of advice provided and the 
response 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—
154
‘‘(1) make the reports of such officer, including 
reports to Congress, available to the public to the 
greatest extent that is consistent with the protection 
of classified information and applicable law; and 
‘‘(2) otherwise inform the public of the activi-
ties of such officer, as appropriate and in a manner 
consistent with the protection of classified informa-
tion 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. 
‘‘(i) PROTECTIONS
FOR HUMAN RESEARCH SUB-
JECTS.—The Secretary of Homeland Security shall ensure 
that the Department of Homeland Security complies with 
the protections for human research subjects, as described 
in part 46 of title 45, Code of Federal Regulations, or 
in equivalent regulations as promulgated by such Sec-
retary, with respect to research that is conducted or sup-
ported by such Department.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by 
striking the item relating to section 1062 and insert-
ing the following:
‘‘Sec. 1062. Privacy and civil liberties officers.’’.
155
Subtitle B—Enhancement of 
Privacy Officer Authorities 
SEC. 811. SHORT TITLE. 
This subtitle may be cited as the ‘‘Privacy Officer 
With Enhanced Rights Act of 2007’’ or the ‘‘POWER 
Act’’. 
SEC. 812. AUTHORITIES OF THE PRIVACY OFFICER OF THE 
DEPARTMENT OF HOMELAND SECURITY. 
Section 222 of the Homeland Security Act of 2002 
(6 U.S.C. 142) is amended—
(1) by inserting before the first sentence the 
following: ‘‘(a) APPOINTMENT
AND RESPONSIBIL-
ITIES.—’’; and 
(2) by adding at the end the following: 
‘‘(b) AUTHORITY TO INVESTIGATE.—
‘‘(1) IN
GENERAL.—The senior official ap-
pointed under this section is specifically author-
ized—
‘‘(A) to have access to all records, reports, 
audits, 
reviews, 
documents, 
papers, 
rec-
ommendations, and other materials available to 
the Department that relate to programs and op-
erations with respect to which the senior official 
has responsibilities under this section;
156
‘‘(B) to make such investigations and re-
ports relating to the administration of the pro-
grams and operations of the Department as 
are, in the senior official’s judgment, necessary 
or desirable; 
‘‘(C) to require by subpoena the produc-
tion, by persons other than Federal agencies, of 
all information, documents, reports, answers, 
records, accounts, papers, and other data and 
documentary evidence necessary to performance 
of the functions of the senior official under this 
section; 
‘‘(D) to administer to or take from any 
person an oath, affirmation, or affidavit, when-
ever necessary to performance of the functions 
of the senior official under this section; and 
‘‘(E) to take any other action that may be 
taken by the Inspector General of the Depart-
ment, as necessary to require employees of the 
Department to produce documents and answer 
questions relevant to performance of the func-
tions of the senior official under this section. 
‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any sub-
poena issued under paragraph (1)(C) shall, in the 
case of contumacy or refusal to obey, be enforceable
157
by order of any appropriate United States district 
court. 
‘‘(3) EFFECT OF OATHS, ETC.—Any oath, affir-
mation, 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 appointed 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) TERM OF OFFICE.—The term of appointment of 
a senior official under subsection (a) shall be 5 years. 
‘‘(d) REPORTS TO CONGRESS.—The senior official 
appointed under subsection (a) shall submit reports di-
rectly to Congress regarding performance of the respon-
sibilities of the senior official under this section, without 
any prior comment or amendment by the Secretary, Dep-
uty Secretary, or any other officer or employee of the De-
partment or the Office of Management and Budget.’’. 
TITLE IX—IMPROVING CRITICAL 
INFRASTRUCTURE SECURITY 
SEC. 901. VULNERABILITY ASSESSMENT AND REPORT ON 
CRITICAL INFRASTRUCTURE INFORMATION. 
(a) IN GENERAL.—Subtitle B of title II of the Home-
land Security Act of 2002 is amended by adding at the 
end the following new section:
158
‘‘SEC. 216. ANNUAL CRITICAL INFRASTRUCTURE VULNER-
ABILITY ASSESSMENT AND REPORT. 
‘‘(a) VULNERABILITY ASSESSMENT REQUIRED.—Ex-
cept where a vulnerability assessment is required under 
another provision of law, for each fiscal year, the Sec-
retary, acting through the Assistant Secretary for Infra-
structure Protection pursuant to the responsibilities under 
section 210A, shall prepare a vulnerability assessment of 
the critical infrastructure information available to the Sec-
retary with respect to that fiscal year. Each vulnerability 
assessment shall contain any actions or countermeasures 
proposed or recommended by the Secretary to address se-
curity concerns covered in the assessment. The informa-
tion in each such assessment shall be set forth separately 
for each critical infrastructure sector, including the critical 
infrastructure sectors named in Homeland Security Presi-
dential Directive-7, as in effect on January 1, 2006. 
‘‘(b) ANNUAL REPORT TO CONGRESS.—
‘‘(1) REPORT REQUIRED.—Not later than six 
months after the last day of a fiscal year, the Sec-
retary shall submit to the Committee on Homeland 
Security of the House of Representatives and the 
Committee on Homeland Security and Governmental 
Affairs of the Senate a report containing a summary 
and review of the vulnerability assessments prepared 
by the Secretary under subsection (a) for that fiscal
159
year and the two preceding fiscal years. The infor-
mation in the report shall be set forth separately for 
each of the critical infrastructure sectors described 
in subsection (a). 
‘‘(2) CONTENTS
OF
REPORT.—The Secretary 
shall include in the report required under paragraph 
(1)—
‘‘(A) for each critical infrastructure sector 
covered by the report, a summary comparison 
describing any changes between the vulner-
ability assessment for the fiscal year covered by 
the report and the vulnerability assessment for 
the preceding fiscal year; 
‘‘(B) the explanation and comments of the 
Secretary with respect to the greatest risks to 
critical infrastructure for each such sector; and 
‘‘(C) the recommendations of the Secretary 
for mitigating such risks. 
‘‘(3) CLASSIFIED ANNEX.—The report required 
under paragraph (1) may contain a classified 
annex.’’. 
(b) TECHNICAL AMENDMENT.—Section 212(3) of 
such Act (6 U.S.C. 131(3)) is amended—
160
(1) by inserting ‘‘relating to’’ after ‘‘the secu-
rity of critical infrastructure or protected systems’’; 
and 
(2) in subparagraph (A), by inserting ‘‘the’’ 
after ‘‘(A)’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 215 the following new item:
‘‘Sec. 216. Annual critical infrastructure vulnerability assessment and report.’’.
SEC. 902. NATIONAL ASSET DATABASE AND THE NATIONAL 
AT-RISK DATABASE. 
(a) IN GENERAL.—Subtitle A of title II of the Home-
land Security Act of 2002 is amended by adding at the 
end the following new sections: 
‘‘SEC. 210C. NATIONAL ASSET DATABASE AND NATIONAL 
AT-RISK DATABASE. 
‘‘(a) ESTABLISHMENT.—
‘‘(1) NATIONAL
ASSET
DATABASE.—The Sec-
retary shall establish and maintain a national data-
base of nationwide critical infrastructure assets to 
identify and prioritize critical infrastructure and key 
resources and to protect them from terrorist attack. 
The database shall be known as the ‘National Asset 
Database’. 
‘‘(2) NATIONAL AT-RISK DATABASE.—The Sec-
retary shall establish within the National Asset
161
Database, a database containing a list of the infra-
structure the Secretary determines is most at risk, 
to be known as the ‘National At-Risk Database’. 
‘‘(3) NATIONAL
ASSET
DATABASE
CONSOR-
TIUM.—
‘‘(A) 
ESTABLISHMENT.—The 
Secretary 
shall establish a consortium to be known as the 
‘National Asset Database Consortium’. The 
Consortium shall advise the Secretary on the 
best way to identify, generate, organize, and 
maintain the databases described in paragraphs 
(1) and (2) and shall be made up of at least 
two but not more than four national labora-
tories and the heads of such other Federal 
agencies as the Secretary deems appropriate. 
‘‘(B) ADMINISTRATION
AND
CONSULTA-
TION.—The Secretary shall—
‘‘(i) select as members of the National 
Asset Database Consortium national lab-
oratories or Federal agencies that have 
demonstrated experience working with and 
identifying critical infrastructure; 
‘‘(ii) enter into contracts, as nec-
essary, with the members of the National
162
Asset Database Consortium to perform the 
tasks required under this section; and 
‘‘(iii) solicit and receive comments 
from the National Asset Database Consor-
tium on—
‘‘(I) the appropriateness of the 
protection and risk methodologies in 
the National Infrastructure Protection 
Plan or other nationwide infrastruc-
ture protection plan issued by the De-
partment; and 
‘‘(II) alternative means to define 
risk and identify specific criteria to 
prioritize the most at-risk infrastruc-
ture or key resources. 
‘‘(b) USE OF DATABASE.—The Secretary shall use 
the database established under subsection (a)—
‘‘(1) in the development, coordination, integra-
tion, and implementation of plans and programs, in-
cluding to identify, catalog, prioritize, and protect 
critical infrastructure and key resources in accord-
ance with Homeland Security Presidential Directive 
number 7, and in cooperation with all levels of gov-
ernment and private sector entities that the Sec-
retary considers appropriate; and
163
‘‘(2) in providing any covered grant to assist in 
preventing, reducing, mitigating, or responding to 
terrorist attack. 
‘‘(c) MAINTENANCE OF DATABASE.—
‘‘(1) IN GENERAL.—The Secretary shall main-
tain and annually update the database, including 
by—
‘‘(A) annually defining and systematically 
examining assets in the database that are de-
scribed incorrectly or that do not meet national 
assets guidelines used by the Secretary to deter-
mine which assets should remain in the Na-
tional Asset Database and the National At-Risk 
Database; 
‘‘(B) annually providing a list to the States 
of assets referred to in subparagraph (A) for 
review before finalizing the decision of which 
assets to include in the National Asset Data-
base and the National At-Risk Database; 
‘‘(C) reviewing the guidelines to the States 
to ensure consistency and uniformity for inclu-
sion and how the Department intends to use 
that data; 
‘‘(D) meeting annually with the States to 
provide guidance and clarification of the guide-
164
lines to promote consistency and uniformity in 
submissions; 
‘‘(E) utilizing on an ongoing basis the Na-
tional Asset Database and other expert panels 
established by the Department to review and re-
fine the National Asset Database and the Na-
tional At-Risk Database; and 
‘‘(F) utilizing the Department’s National 
Infrastructure Simulation and Analysis Center 
for the National Asset Database taxonomy and 
asset information in the National Asset Data-
base and facilitating the future exchange of in-
formation between the National Asset Database 
and such center. 
‘‘(2) ORGANIZATION OF INFORMATION IN DATA-
BASE.—The Secretary shall—
‘‘(A) remove from the National Asset 
Database or the National At-Risk Database any 
asset that the Secretary determines to be un-
verifiable and as not meeting national asset 
guidelines set forth by the Secretary in requests 
for information from States; and 
‘‘(B) classify assets in the database accord-
ing to the 17 sectors listed in National Infra-
structure Protection Plan developed pursuant to
165
Homeland Security Presidential Directive 7, to 
ensure that the assets in the National Asset 
Database and the National At-Risk Database 
can be categorized by State and locality, region-
ally, and in such a manner as is effective for 
grants and other purposes. 
‘‘(3) MILESTONES AND GUIDELINES.—The Sec-
retary shall—
‘‘(A) identify and evaluate key milestones 
for the National Asset Database and the Na-
tional At-Risk Database, including methods to 
integrate private sector assets and tasks that 
must be completed to eventually allocate home-
land security grant programs based on the in-
formation contained in the database; and 
‘‘(B) issue guidelines for—
‘‘(i) States to submit uniform infor-
mation for possible inclusion in the Na-
tional Asset Database or the National At-
Risk Database; and 
‘‘(ii) review of such submissions by 
the Department. 
‘‘(d) REPORTS.—
‘‘(1) IN GENERAL.—Not later than March 1 of 
each year, the Secretary shall submit to the Com-
166
mittee on Homeland Security of the House of Rep-
resentatives and the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate a report 
on the critical infrastructure included in the Na-
tional Asset Database that is most at risk to ter-
rorism. 
‘‘(2) CONTENTS.—Each report shall include the 
following: 
‘‘(A) The name, location, and sector classi-
fication of assets in the National Asset Data-
base that have been identified or deemed crit-
ical infrastructure that is most at risk to ter-
rorism. 
‘‘(B) Changes made in such database re-
garding such critical infrastructure made dur-
ing the period covered by the report regard-
ing—
‘‘(i) defining and identifying critical 
infrastructure; and 
‘‘(ii) compiling a usable database. 
‘‘(C) The extent to which the database has 
been used as a tool for allocating funds to pre-
vent, reduce, mitigate, and respond to terrorist 
attacks.
167
‘‘(3) CLASSIFIED
INFORMATION.—The Sec-
retary shall provide to the members of the commit-
tees to which the report required under this sub-
section is required to be submitted under paragraph 
(1) a classified briefing on the contents of such re-
port. The Secretary shall also submit with each re-
port a classified annex containing information re-
quired to be submitted under this section that can-
not be made public. 
‘‘(e) COVERED GRANT DEFINED.—In this section, 
the term ‘covered grant’ means any grant provided by the 
Department under any of the following: 
‘‘(1) The Urban Area Security Initiative. 
‘‘(2) The Buffer Zone Protection Program. 
‘‘(3) Any other grant program administered by 
the Department, as determined appropriate by the 
Secretary. 
‘‘(4) Any successor to a program referred to in 
this paragraph.’’. 
(b) DEADLINES FOR IMPLEMENTATION AND NOTIFI-
CATION OF CONGRESS.—
(1) DEADLINE FOR RECOMMENDATIONS.—Not 
later than 60 days after the date of the enactment 
of this Act, the Secretary of Homeland Security 
shall secure recommendations on how to identify,
168
generate, organize, and maintain the list of assets in 
the databases from the consortium of national lab-
oratories, as required under section 210C(a)(2) of 
the Homeland Security Act of 2002, as added by 
subsection (a). 
(2) DEADLINE FOR FIRST REPORT REGARDING 
USE OF THE NATIONAL ASSET DATABASE.—Notwith-
standing the date specified under section 210C(d) of 
the Homeland Security Act of 2002, as added by 
subsection (a), the Secretary of Homeland Security 
shall submit the first report required under that sec-
tion not later than 180 days after the date of the 
enactment of this Act. 
(c) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is further amended by inserting 
after the item relating to section 210 the following:
‘‘Sec. 210C. National Asset Database and National At-Risk Database.’’.
(d) SUBMITTAL OF CERTAIN REPORTS.—Each report 
that is authorized or required by this Act (or the amend-
ments made by this Act) to be prepared by the Secretary 
of Homeland Security and that concerns a matter of the 
type carried out under an program under the jurisdiction 
of the Committee on Energy and Commerce of the House 
of Representatives shall be submitted to the Committee 
on Energy and Commerce of the House of Representa-
169
tives, in addition to the other congressional committees in-
volved. 
TITLE X—TRANSPORTATION SE-
CURITY PLANNING AND IN-
FORMATION SHARING 
SEC. 1001. STRATEGIC TRANSPORTATION SECURITY INFOR-
MATION SHARING. 
Section 114 of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(u) STRATEGIC INFORMATION SHARING.—
‘‘(1) ESTABLISHMENT
OF
PLAN.—The Sec-
retary of Homeland Security shall establish a Stra-
tegic Transportation Security Information Sharing 
Plan. 
‘‘(2) PURPOSE OF PLAN.—The plan shall en-
sure the robust development of tactical and strategic 
intelligence products for disseminating to public and 
private stakeholders security information relating to 
threats to and vulnerabilities of transportation 
modes, including aviation, bridge and tunnel, com-
muter rail and ferry, highway, maritime, pipeline, 
rail, mass transit, and over-the-road bus transpor-
tation. 
‘‘(3) CONTENT OF PLAN.—The plan shall in-
clude—
170
‘‘(A) a description of how intelligence ana-
lysts in the Transportation Security Adminis-
tration are coordinating their activities with 
other intelligence analysts in the Department of 
Homeland Security and other Federal, State, 
and local agencies; 
‘‘(B) reasonable deadlines for completing 
any organizational changes within the Depart-
ment of Homeland Security required to accom-
modate implementation of the plan; and 
‘‘(C) a description of resource needs for 
fulfilling the plan. 
‘‘(4) REPORTS TO CONGRESS.—
‘‘(A) IN
GENERAL.—Not later than 180 
days after the date of enactment of this sub-
section, the Secretary shall submit to the appro-
priate congressional committees a report con-
taining the plan. 
‘‘(B) UPDATES.—
‘‘(i) CERTIFICATION OF FULL IMPLE-
MENTATION.—After achieving full imple-
mentation of the plan, the Secretary shall 
submit to the appropriate congressional 
committees a written certification of such 
implementation.
171
‘‘(ii) 
UPDATES
ON
IMPLEMENTA-
TION.—Not later than 90 days after the 
date of submission of a report under sub-
paragraph (A), and every 90 days there-
after until the date of submission of a 
written certification under clause (i), the 
Secretary shall submit to the appropriate 
congressional committees a report con-
taining an update on implementation of 
the plan. 
‘‘(C) ANNUAL
REPORT.—Following the 
date of submission of a written certification 
under subparagraph (B)(i), the Secretary shall 
submit to the appropriate congressional com-
mittees an annual report on the following: 
‘‘(i) The number of transportation in-
telligence reports disseminated under the 
plan and a brief description of each report. 
‘‘(ii) The security classification of 
each report. 
‘‘(iii) The number of public and pri-
vate stakeholders who were provided with 
each report. 
‘‘(5) SURVEY.—The Secretary shall conduct an 
annual survey of the satisfaction of each of the re-
172
cipients of transportation intelligence reports dis-
seminated under the plan, and include the results of 
the survey as part of the annual report to be sub-
mitted under paragraph (4)(C). 
‘‘(6) SECURITY
CLEARANCES.—The Secretary 
shall ensure that public and private stakeholders 
have the security clearances needed to receive classi-
fied information if information contained in trans-
portation intelligence reports cannot be disseminated 
in an unclassified format. 
‘‘(7) CLASSIFICATION
OF
MATERIAL.—To the 
greatest extent possible, the Secretary shall provide 
public and private stakeholders with specific and ac-
tionable information in an unclassified format. 
‘‘(8) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) APPROPRIATE CONGRESSIONAL COM-
MITTEES.—The term ‘appropriate congressional 
committees’ has the meaning given that term in 
subsection (t). 
‘‘(B) PLAN.—The term ‘plan’ means the 
Strategic Transportation Security Information 
Sharing Plan established under paragraph (1). 
‘‘(C) 
PUBLIC
AND
PRIVATE
STAKE-
HOLDERS.—The term ‘public and private stake-
173
holders’ means Federal, State, and local agen-
cies, tribal governments, and appropriate pri-
vate entities, including nonprofit employee labor 
organizations.’’. 
SEC. 1002. TRANSPORTATION SECURITY STRATEGIC PLAN-
NING. 
(a) IN GENERAL.—Section 114(t)(1)(B) of title 49, 
United States Code, is amended to read as follows: 
‘‘(B) transportation modal security plans 
addressing risks, threats, and vulnerabilities for 
aviation, bridge and tunnel, commuter rail and 
ferry, highway, maritime, pipeline, rail, mass 
transit, over-the-road bus, and other public 
transportation infrastructure assets.’’. 
(b) ROLE OF SECRETARY OF TRANSPORTATION.—
Section 114(t)(2) of such title is amended by inserting be-
fore the period at the end the following: ‘‘and in carrying 
out all other responsibilities set forth in this subsection’’. 
(c) CONTENTS OF NATIONAL STRATEGY FOR TRANS-
PORTATION SECURITY.—Section 114(t)(3) of such title is 
amended—
(1) in subparagraph (B) by inserting ‘‘, based 
on vulnerability assessments conducted by the De-
partment of Homeland Security,’’ after ‘‘risk-based 
priorities’’;
174
(2) in subparagraph (D)—
(A) by striking ‘‘and local’’ and inserting 
‘‘, local, and tribal’’; and 
(B) by striking ‘‘private sector cooperation 
and participation’’ and inserting ‘‘cooperation 
and participation by private sector entities, in-
cluding nonprofit employee labor organiza-
tions,’’; 
(3) in subparagraph (E)—
(A) by striking ‘‘response’’ and inserting 
‘‘prevention, response,’’; and 
(B) by inserting ‘‘and outside of’’ before 
‘‘the United States’’; and 
(4) in subparagraph (F) by adding at the end 
the following: ‘‘Research and development projects 
initiated by the Department of Homeland Security 
shall be based on such prioritization.’’. 
(d) 
PERIODIC
PROGRESS
REPORT.—Section 
114(t)(4)(C) is amended—
(1) in clause (i) by inserting before the period 
at the end the following: ‘‘, including the transpor-
tation modal security plans’’; 
(2) by striking clause (ii) and inserting the fol-
lowing:
175
‘‘(ii) CONTENT.—Each progress re-
port submitted under this subparagraph 
shall include, at a minimum, the following: 
‘‘(I) Recommendations for im-
proving and implementing the Na-
tional Strategy for Transportation Se-
curity and the transportation modal 
security plans that the Secretary, in 
consultation with the Secretary of 
Transportation, considers appropriate. 
‘‘(II) An accounting of all grants 
for transportation security, including 
grants for research and development, 
distributed by the Department of 
Homeland Security in the previous 
year and a description of how the 
grants accomplished the goals of the 
National Strategy for Transportation 
Security. 
‘‘(III) An accounting of all funds 
(other than grants referred in sub-
clause (II)) expended by the Depart-
ment of Homeland Security on trans-
portation security.
176
‘‘(IV) Information on the number 
of employees of the Department of 
Homeland Security, by agency, work-
ing on transportation security issues. 
The listing shall be divided by trans-
portation mode, including aviation, 
bridge and tunnel, commuter rail and 
ferry, highway, maritime, pipeline, 
rail, mass transit, over-the-road bus, 
and 
other 
public 
transportation 
modes. The listing shall include infor-
mation, by transportation mode, on 
the number of contractors hired by 
the Department of Homeland Security 
to work on transportation-related se-
curity. 
‘‘(V) Information on the turnover 
in the previous year among employees 
of the Department of Homeland Secu-
rity working on transportation secu-
rity issues. Specifically, the report 
shall provide information on the num-
ber of employees who have left the 
Department, their agency, the area in 
which they worked, and the amount of
177
time that they worked for the Depart-
ment. 
‘‘(iii) WRITTEN
EXPLANATION
OF 
TRANSPORTATION
SECURITY
ACTIVITIES 
NOT
DELINEATED
IN
THE
NATIONAL 
STRATEGY
FOR
TRANSPORTATION
SECU-
RITY.—Before carrying out a transpor-
tation security activity that is not clearly 
delineated in the National Strategy for 
Transportation Security, the Secretary 
shall submit to appropriate congressional 
committees a written explanation of the ac-
tivity, including the amount of funds to be 
expended for the activity.’’. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—Section 114(t)(4)(E) of such title is amended by 
striking ‘‘Select’’. 
(f) PRIORITY STATUS.—Section 114(t)(5)(B) of such 
title is amended—
(1) by striking ‘‘and’’ at the end of clause (iii); 
(2) by redesignating clause (iv) as clause (v); 
and 
(3) by inserting after clause (iii) the following:
178
‘‘(iv) the transportation sector specific 
plan required under Homeland Security 
Presidential Directive 7; and’’. 
(g) COORDINATION; PLAN DISTRIBUTION.—Section 
114(t) of such title is amended by adding at the end the 
following: 
‘‘(6) COORDINATION.—In carrying out the re-
sponsibilities set forth in this section, the Secretary 
of Homeland Security, working with the Secretary of 
Transportation, shall consult with Federal, State, 
and local agencies, tribal governments, private sector 
entities (including nonprofit employee labor organi-
zations), institutions of higher learning, and other 
appropriate entities. 
‘‘(7) PLAN
DISTRIBUTION.—The Secretary of 
Homeland Security shall provide an unclassified 
version of the National Strategy for Transportation 
Security to Federal, State, and local agencies, tribal 
governments, private sector entities (including non-
profit employee labor organizations), institutions of 
higher learning, and other appropriate entities.’’.