Implementing Recommendations of the 9/11 Commission Act of 2007
PL 110-53 (H.R.1), enacted 08/03/2007

121 STAT. 266 
PUBLIC LAW 110–53—AUG. 3, 2007 
Public Law 110–53 
110th Congress 
An Act 
To provide for the implementation of the recommendations of the National Commis-
sion on Terrorist Attacks Upon the United States. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘Implementing 
Recommendations of the 9/11 Commission Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of contents for this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—HOMELAND SECURITY GRANTS 
Sec. 101. Homeland Security Grant Program. 
Sec. 102. Other amendments to the Homeland Security Act of 2002. 
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act of 
2006. 
Sec. 104. Technical and conforming amendments. 
TITLE II—EMERGENCY MANAGEMENT PERFORMANCE GRANTS 
Sec. 201. Emergency management performance grant program. 
Sec. 202. Grants for construction of emergency operations centers. 
TITLE III—ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST 
RESPONDERS 
Sec. 301. Interoperable emergency communications grant program. 
Sec. 302. Border interoperability demonstration project. 
TITLE IV—STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM 
Sec. 401. Definitions. 
Sec. 402. National exercise program design. 
Sec. 403. National exercise program model exercises. 
Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen 
incident command; private sector preparedness. 
Sec. 405. Federal response capability inventory. 
Sec. 406. Reporting requirements. 
Sec. 407. Federal preparedness. 
Sec. 408. Credentialing and typing. 
Sec. 409. Model standards and guidelines for critical infrastructure workers. 
Sec. 410. Authorization of appropriations. 
TITLE V—IMPROVING INTELLIGENCE AND INFORMATION SHARING WITH-
IN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL 
GOVERNMENTS 
Subtitle A—Homeland Security Information Sharing Enhancement 
Sec. 501. Homeland Security Advisory System and information sharing. 
Sec. 502. Intelligence Component Defined. 
Sec. 503. Role of intelligence components, training, and information sharing. 
Sec. 504. Information sharing. 
6 USC 101 note. 
Implementing 
Recommenda- 
tions of the 9/11 
Commission Act 
of 2007. 
Aug. 3, 2007 
[H.R. 1] 
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121 STAT. 267 
PUBLIC LAW 110–53—AUG. 3, 2007 
Subtitle B—Homeland Security Information Sharing Partnerships 
Sec. 511. Department of Homeland Security State, Local, and Regional Fusion Cen-
ter Initiative. 
Sec. 512. Homeland Security Information Sharing Fellows Program. 
Sec. 513. Rural Policing Institute. 
Subtitle C—Interagency Threat Assessment and Coordination Group 
Sec. 521. Interagency Threat Assessment and Coordination Group. 
Subtitle D—Homeland Security Intelligence Offices Reorganization 
Sec. 531. Office of Intelligence and Analysis and Office of Infrastructure Protection. 
Subtitle E—Authorization of Appropriations 
Sec. 541. Authorization of appropriations. 
TITLE VI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE 
Sec. 601. Availability to public of certain intelligence funding information. 
Sec. 602. Public Interest Declassification Board. 
Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission rec-
ommendations with respect to intelligence reform and congressional in-
telligence oversight reform. 
Sec. 604. Availability of funds for the Public Interest Declassification Board. 
Sec. 605. Availability of the Executive Summary of the Report on Central Intel-
ligence Agency Accountability Regarding the Terrorist Attacks of Sep-
tember 11, 2001. 
TITLE VII—STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL 
Subtitle A—Terrorist Travel 
Sec. 701. Report on international collaboration to increase border security, enhance 
global document security, and exchange terrorist information. 
Subtitle B—Visa Waiver 
Sec. 711. Modernization of the visa waiver program. 
Subtitle C—Strengthening Terrorism Prevention Programs 
Sec. 721. Strengthening the capabilities of the Human Smuggling and Trafficking 
Center. 
Sec. 722. Enhancements to the terrorist travel program. 
Sec. 723. Enhanced driver’s license. 
Sec. 724. Western Hemisphere Travel Initiative. 
Sec. 725. Model ports-of-entry. 
Subtitle D—Miscellaneous Provisions 
Sec. 731. Report regarding border security. 
TITLE VIII—PRIVACY AND CIVIL LIBERTIES 
Sec. 801. Modification of authorities relating to Privacy and Civil Liberties Over-
sight Board. 
Sec. 802. Department Privacy Officer. 
Sec. 803. Privacy and civil liberties officers. 
Sec. 804. Federal Agency Data Mining Reporting Act of 2007. 
TITLE IX—PRIVATE SECTOR PREPAREDNESS 
Sec. 901. Private sector preparedness. 
Sec. 902. Responsibilities of the private sector Office of the Department. 
TITLE X—IMPROVING CRITICAL INFRASTRUCTURE SECURITY 
Sec. 1001. National Asset Database. 
Sec. 1002. Risk assessments and report. 
Sec. 1003. Sense of Congress regarding the inclusion of levees in the National In-
frastructure Protection Plan. 
TITLE XI—ENHANCED DEFENSES AGAINST WEAPONS OF MASS 
DESTRUCTION 
Sec. 1101. National Biosurveillance Integration Center. 
Sec. 1102. Biosurveillance efforts. 
Sec. 1103. Interagency coordination to enhance defenses against nuclear and radio-
logical weapons of mass destruction. 
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121 STAT. 268 
PUBLIC LAW 110–53—AUG. 3, 2007 
Sec. 1104. Integration of detection equipment and technologies. 
TITLE XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION 
SHARING 
Sec. 1201. Definitions. 
Sec. 1202. Transportation security strategic planning. 
Sec. 1203. Transportation security information sharing. 
Sec. 1204. National domestic preparedness consortium. 
Sec. 1205. National transportation security center of excellence. 
Sec. 1206. Immunity for reports of suspected terrorist activity or suspicious behav-
ior and response. 
TITLE XIII—TRANSPORTATION SECURITY ENHANCEMENTS 
Sec. 1301. Definitions. 
Sec. 1302. Enforcement authority. 
Sec. 1303. Authorization of visible intermodal prevention and response teams. 
Sec. 1304. Surface transportation security inspectors. 
Sec. 1305. Surface transportation security technology information sharing. 
Sec. 1306. TSA personnel limitations. 
Sec. 1307. National explosives detection canine team training program. 
Sec. 1308. Maritime and surface transportation security user fee study. 
Sec. 1309. Prohibition of issuance of transportation security cards to convicted fel-
ons. 
Sec. 1310. Roles of the Department of Homeland Security and the Department of 
Transportation. 
TITLE XIV—PUBLIC TRANSPORTATION SECURITY 
Sec. 1401. Short title. 
Sec. 1402. Definitions. 
Sec. 1403. Findings. 
Sec. 1404. National Strategy for Public Transportation Security. 
Sec. 1405. Security assessments and plans. 
Sec. 1406. Public transportation security assistance. 
Sec. 1407. Security exercises. 
Sec. 1408. Public transportation security training program. 
Sec. 1409. Public transportation research and development. 
Sec. 1410. Information sharing. 
Sec. 1411. Threat assessments. 
Sec. 1412. Reporting requirements. 
Sec. 1413. Public transportation employee protections. 
Sec. 1414. Security background checks of covered individuals for public transpor-
tation. 
Sec. 1415. Limitation on fines and civil penalties. 
TITLE XV—SURFACE TRANSPORTATION SECURITY 
Subtitle A—General Provisions 
Sec. 1501. Definitions. 
Sec. 1502. Oversight and grant procedures. 
Sec. 1503. Authorization of appropriations. 
Sec. 1504. Public awareness. 
Subtitle B—Railroad Security 
Sec. 1511. Railroad transportation security risk assessment and national strategy. 
Sec. 1512. Railroad carrier assessments and plans. 
Sec. 1513. Railroad security assistance. 
Sec. 1514. Systemwide Amtrak security upgrades. 
Sec. 1515. Fire and life safety improvements. 
Sec. 1516. Railroad carrier exercises. 
Sec. 1517. Railroad security training program. 
Sec. 1518. Railroad security research and development. 
Sec. 1519. Railroad tank car security testing. 
Sec. 1520. Railroad threat assessments. 
Sec. 1521. Railroad employee protections. 
Sec. 1522. Security background checks of covered individuals. 
Sec. 1523. Northern border railroad passenger report. 
Sec. 1524. International Railroad Security Program. 
Sec. 1525. Transmission line report. 
Sec. 1526. Railroad security enhancements. 
Sec. 1527. Applicability of District of Columbia law to certain Amtrak contracts. 
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121 STAT. 269 
PUBLIC LAW 110–53—AUG. 3, 2007 
Sec. 1528. Railroad preemption clarification. 
Subtitle C—Over-the-Road Bus and Trucking Security 
Sec. 1531. Over-the-road bus security assessments and plans. 
Sec. 1532. Over-the-road bus security assistance. 
Sec. 1533. Over-the-road bus exercises. 
Sec. 1534. Over-the-road bus security training program. 
Sec. 1535. Over-the-road bus security research and development. 
Sec. 1536. Motor carrier employee protections. 
Sec. 1537. Unified carrier registration system agreement. 
Sec. 1538. School bus transportation security. 
Sec. 1539. Technical amendment. 
Sec. 1540. Truck security assessment. 
Sec. 1541. Memorandum of understanding annex. 
Sec. 1542. DHS Inspector General report on trucking security grant program. 
Subtitle D—Hazardous Material and Pipeline Security 
Sec. 1551. Railroad routing of security-sensitive materials. 
Sec. 1552. Railroad security-sensitive material tracking. 
Sec. 1553. Hazardous materials highway routing. 
Sec. 1554. Motor carrier security-sensitive material tracking. 
Sec. 1555. Hazardous materials security inspections and study. 
Sec. 1556. Technical corrections. 
Sec. 1557. Pipeline security inspections and enforcement. 
Sec. 1558. Pipeline security and incident recovery plan. 
TITLE XVI—AVIATION 
Sec. 1601. Airport checkpoint screening fund. 
Sec. 1602. Screening of cargo carried aboard passenger aircraft. 
Sec. 1603. In-line baggage screening. 
Sec. 1604. In-line baggage system deployment. 
Sec. 1605. Strategic plan to test and implement advanced passenger prescreening 
system. 
Sec. 1606. Appeal and redress process for passengers wrongly delayed or prohibited 
from boarding a flight. 
Sec. 1607. Strengthening explosives detection at passenger screening checkpoints. 
Sec. 1608. Research and development of aviation transportation security tech-
nology. 
Sec. 1609. Blast-resistant cargo containers. 
Sec. 1610. Protection of passenger planes from explosives. 
Sec. 1611. Specialized training. 
Sec. 1612. Certain TSA personnel limitations not to apply. 
Sec. 1613. Pilot project to test different technologies at airport exit lanes. 
Sec. 1614. Security credentials for airline crews. 
Sec. 1615. Law enforcement officer biometric credential. 
Sec. 1616. Repair station security. 
Sec. 1617. General aviation security. 
Sec. 1618. Extension of authorization of aviation security funding. 
TITLE XVII—MARITIME CARGO 
Sec. 1701. Container scanning and seals. 
TITLE XVIII—PREVENTING WEAPONS OF MASS DESTRUCTION 
PROLIFERATION AND TERRORISM 
Sec. 1801. Findings. 
Sec. 1802. Definitions. 
Subtitle A—Repeal and Modification of Limitations on Assistance for Prevention of 
WMD Proliferation and Terrorism 
Sec. 1811. Repeal and modification of limitations on assistance for prevention of 
weapons of mass destruction proliferation and terrorism. 
Subtitle B—Proliferation Security Initiative 
Sec. 1821. Proliferation Security Initiative improvements and authorities. 
Sec. 1822. Authority to provide assistance to cooperative countries. 
Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass 
Destruction Proliferation and Terrorism 
Sec. 1831. Statement of policy. 
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121 STAT. 270 
PUBLIC LAW 110–53—AUG. 3, 2007 
Sec. 1832. Authorization of appropriations for the Department of Defense Coopera-
tive Threat Reduction Program. 
Sec. 1833. Authorization of appropriations for the Department of Energy programs 
to prevent weapons of mass destruction proliferation and terrorism. 
Subtitle D—Office of the United States Coordinator for the Prevention of Weapons 
of Mass Destruction Proliferation and Terrorism 
Sec. 1841. Office of the United States Coordinator for the Prevention of Weapons 
of Mass Destruction Proliferation and Terrorism. 
Sec. 1842. Sense of Congress on United States-Russia cooperation and coordination 
on the prevention of weapons of mass destruction proliferation and ter-
rorism. 
Subtitle E—Commission on the Prevention of Weapons of Mass Destruction 
Proliferation and Terrorism 
Sec. 1851. Establishment of Commission on the Prevention of Weapons of Mass De-
struction Proliferation and Terrorism. 
Sec. 1852. Purposes of Commission. 
Sec. 1853. Composition of Commission. 
Sec. 1854. Responsibilities of Commission. 
Sec. 1855. Powers of Commission. 
Sec. 1856. Nonapplicability of Federal Advisory Committee Act. 
Sec. 1857. Report. 
Sec. 1858. Termination. 
Sec. 1859. Funding. 
TITLE XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM 
TECHNOLOGIES 
Sec. 1901. Promoting antiterrorism capabilities through international cooperation. 
Sec. 1902. Transparency of funds. 
TITLE XX—9/11 COMMISSION INTERNATIONAL IMPLEMENTATION 
Sec. 2001. Short title. 
Sec. 2002. Definition. 
Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries. 
Sec. 2011. Findings; Policy. 
Sec. 2012. International Muslim Youth Opportunity Fund. 
Sec. 2013. Annual report to Congress. 
Sec. 2014. Extension of program to provide grants to American-sponsored schools 
in predominantly Muslim Countries to provide scholarships. 
Subtitle B—Democracy and Development in the Broader Middle East Region 
Sec. 2021. Middle East Foundation. 
Subtitle C—Reaffirming United States Moral Leadership 
Sec. 2031. Advancing United States interests through public diplomacy. 
Sec. 2032. Oversight of international broadcasting. 
Sec. 2033. Expansion of United States scholarship, exchange, and library programs 
in predominantly Muslim countries. 
Sec. 2034. United States policy toward detainees. 
Subtitle D—Strategy for the United States Relationship With Afghanistan, 
Pakistan, and Saudi Arabia 
Sec. 2041. Afghanistan. 
Sec. 2042. Pakistan. 
Sec. 2043. Saudi Arabia. 
TITLE XXI—ADVANCING DEMOCRATIC VALUES 
Sec. 2101. Short title. 
Sec. 2102. Findings. 
Sec. 2103. Statement of policy. 
Sec. 2104. Definitions. 
Subtitle A—Activities to Enhance the Promotion of Democracy 
Sec. 2111. Democracy Promotion at the Department of State. 
Sec. 2112. Democracy Fellowship Program. 
Sec. 2113. Investigations of violations of international humanitarian law. 
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121 STAT. 271 
PUBLIC LAW 110–53—AUG. 3, 2007 
Subtitle B—Strategies and Reports on Human Rights and the Promotion of 
Democracy 
Sec. 2121. Strategies, priorities, and annual report. 
Sec. 2122. Translation of human rights reports. 
Subtitle C—Advisory Committee on Democracy Promotion and the Internet Website 
of the Department of State 
Sec. 2131. Advisory Committee on Democracy Promotion. 
Sec. 2132. Sense of Congress regarding the Internet website of the Department of 
State. 
Subtitle D—Training in Democracy and Human Rights; Incentives 
Sec. 2141. Training in democracy promotion and the protection of human rights. 
Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award. 
Sec. 2143. Personnel policies at the Department of State. 
Subtitle E—Cooperation With Democratic Countries 
Sec. 2151. Cooperation with democratic countries. 
Subtitle F—Funding for Promotion of Democracy 
Sec. 2161. The United Nations Democracy Fund. 
Sec. 2162. United States democracy assistance programs. 
TITLE XXII—INTEROPERABLE EMERGENCY COMMUNICATIONS 
Sec. 2201. Interoperable emergency communications. 
Sec. 2202. Clarification of congressional intent. 
Sec. 2203. Cross border interoperability reports. 
Sec. 2204. Extension of short quorum. 
Sec. 2205. Requiring reports to be submitted to certain committees. 
TITLE XXIII—EMERGENCY COMMUNICATIONS MODERNIZATION 
Sec. 2301. Short title. 
Sec. 2302. Funding for program. 
Sec. 2303. NTIA coordination of E-911 implementation. 
TITLE XXIV—MISCELLANEOUS PROVISIONS 
Sec. 2401. Quadrennial homeland security review. 
Sec. 2402. Sense of the Congress regarding the prevention of radicalization leading 
to ideologically-based violence. 
Sec. 2403. Requiring reports to be submitted to certain committees. 
Sec. 2404. Demonstration project. 
Sec. 2405. Under Secretary for Management of Department of Homeland Security. 
TITLE I—HOMELAND SECURITY 
GRANTS 
SEC. 101. HOMELAND SECURITY GRANT PROGRAM. 
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) 
is amended by adding at the end the following: 
‘‘TITLE XX—HOMELAND SECURITY 
GRANTS 
‘‘SEC. 2001. DEFINITIONS. 
‘‘In this title, the following definitions shall apply: 
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the 
Administrator of the Federal Emergency Management Agency. 
‘‘(2) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘appropriate committees of Congress’ means— 
‘‘(A) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and 
6 USC 601. 
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121 STAT. 272 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(B) those committees of the House of Representatives 
that the Speaker of the House of Representatives deter-
mines appropriate. 
‘‘(3) CRITICAL INFRASTRUCTURE SECTORS.—The term ‘critical 
infrastructure sectors’ means the following sectors, in both 
urban and rural areas: 
‘‘(A) Agriculture and food. 
‘‘(B) Banking and finance. 
‘‘(C) Chemical industries. 
‘‘(D) Commercial facilities. 
‘‘(E) Commercial nuclear reactors, materials, and 
waste. 
‘‘(F) Dams. 
‘‘(G) The defense industrial base. 
‘‘(H) Emergency services. 
‘‘(I) Energy. 
‘‘(J) Government facilities. 
‘‘(K) Information technology. 
‘‘(L) National monuments and icons. 
‘‘(M) Postal and shipping. 
‘‘(N) Public health and health care. 
‘‘(O) Telecommunications. 
‘‘(P) Transportation systems. 
‘‘(Q) Water. 
‘‘(4) DIRECTLY ELIGIBLE TRIBE.—The term ‘directly eligible 
tribe’ means— 
‘‘(A) any Indian tribe— 
‘‘(i) that is located in the continental United States; 
‘‘(ii) that operates a law enforcement or emergency 
response agency with the capacity to respond to calls 
for law enforcement or emergency services; 
‘‘(iii)(I) that is located on or near an international 
border or a coastline bordering an ocean (including 
the Gulf of Mexico) or international waters; 
‘‘(II) that is located within 10 miles of a system 
or asset included on the prioritized critical infrastruc-
ture list established under section 210E(a)(2) or has 
such a system or asset within its territory; 
‘‘(III) that is located within or contiguous to 1 
of the 50 most populous metropolitan statistical areas 
in the United States; or 
‘‘(IV) the jurisdiction of which includes not less 
than 1,000 square miles of Indian country, as that 
term is defined in section 1151 of title 18, United 
States Code; and 
‘‘(iv) that certifies to the Secretary that a State 
has not provided funds under section 2003 or 2004 
to the Indian tribe or consortium of Indian tribes for 
the purpose for which direct funding is sought; and 
‘‘(B) a consortium of Indian tribes, if each tribe satisfies 
the requirements of subparagraph (A). 
‘‘(5) ELIGIBLE
METROPOLITAN
AREA.—The term ‘eligible 
metropolitan area’ means any of the 100 most populous metro-
politan statistical areas in the United States. 
‘‘(6) HIGH-RISK URBAN AREA.—The term ‘high-risk urban 
area’ means a high-risk urban area designated under section 
2003(b)(3)(A). 
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121 STAT. 273 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning 
given that term in section 4(e) of the Indian Self-Determination 
Act (25 U.S.C. 450b(e)). 
‘‘(8) METROPOLITAN STATISTICAL AREA.—The term ‘metro-
politan statistical area’ means a metropolitan statistical area, 
as defined by the Office of Management and Budget. 
‘‘(9) 
NATIONAL
SPECIAL
SECURITY
EVENT.—The 
term 
‘National Special Security Event’ means a designated event 
that, by virtue of its political, economic, social, or religious 
significance, may be the target of terrorism or other criminal 
activity. 
‘‘(10) POPULATION.—The term ‘population’ means popu-
lation according to the most recent United States census popu-
lation estimates available at the start of the relevant fiscal 
year. 
‘‘(11) POPULATION DENSITY.—The term ‘population density’ 
means population divided by land area in square miles. 
‘‘(12) QUALIFIED INTELLIGENCE ANALYST.—The term ‘quali-
fied intelligence analyst’ means an intelligence analyst (as that 
term is defined in section 210A(j)), including law enforcement 
personnel— 
‘‘(A) who has successfully completed training to ensure 
baseline proficiency in intelligence analysis and production, 
as determined by the Secretary, which may include training 
using a curriculum developed under section 209; or 
‘‘(B) whose experience ensures baseline proficiency in 
intelligence analysis and production equivalent to the 
training required under subparagraph (A), as determined 
by the Secretary. 
‘‘(13) TARGET CAPABILITIES.—The term ‘target capabilities’ 
means the target capabilities for Federal, State, local, and 
tribal government preparedness for which guidelines are 
required to be established under section 646(a) of the Post- 
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
746(a)). 
‘‘(14) TRIBAL GOVERNMENT.—The term ‘tribal government’ 
means the government of an Indian tribe. 
‘‘Subtitle A—Grants to States and High- 
Risk Urban Areas 
‘‘SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS. 
‘‘(a) 
GRANTS
AUTHORIZED.—The 
Secretary, 
through 
the 
Administrator, may award grants under sections 2003 and 2004 
to State, local, and tribal governments. 
‘‘(b) PROGRAMS NOT AFFECTED.—This subtitle shall not be con-
strued to affect any of the following Federal programs: 
‘‘(1) Firefighter and other assistance programs authorized 
under the Federal Fire Prevention and Control Act of 1974 
(15 U.S.C. 2201 et seq.). 
‘‘(2) Grants authorized under the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.). 
‘‘(3) Emergency Management Performance Grants under 
the amendments made by title II of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007. 
6 USC 603. 
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121 STAT. 274 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(4) Grants to protect critical infrastructure, including port 
security grants authorized under section 70107 of title 46, 
United States Code, and the grants authorized under title 
XIV and XV of the Implementing Recommendations of the 
9/11 Commission Act of 2007 and the amendments made by 
such titles. 
‘‘(5) The Metropolitan Medical Response System authorized 
under section 635 of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 723). 
‘‘(6) The Interoperable Emergency Communications Grant 
Program authorized under title XVIII. 
‘‘(7) Grant programs other than those administered by the 
Department. 
‘‘(c) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) IN GENERAL.—The grant programs authorized under 
sections 2003 and 2004 shall supercede all grant programs 
authorized under section 1014 of the USA PATRIOT Act (42 
U.S.C. 3714). 
‘‘(2) ALLOCATION.—The allocation of grants authorized 
under section 2003 or 2004 shall be governed by the terms 
of this subtitle and not by any other provision of law. 
‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE. 
‘‘(a) ESTABLISHMENT.—There is established an Urban Area 
Security Initiative to provide grants to assist high-risk urban areas 
in preventing, preparing for, protecting against, and responding 
to acts of terrorism. 
‘‘(b) ASSESSMENT
AND
DESIGNATION
OF
HIGH-RISK
URBAN 
AREAS.— 
‘‘(1) IN GENERAL.—The Administrator shall designate high- 
risk urban areas to receive grants under this section based 
on procedures under this subsection. 
‘‘(2) INITIAL ASSESSMENT.— 
‘‘(A) IN GENERAL.—For each fiscal year, the Adminis-
trator shall conduct an initial assessment of the relative 
threat, vulnerability, and consequences from acts of ter-
rorism faced by each eligible metropolitan area, including 
consideration of— 
‘‘(i) the factors set forth in subparagraphs (A) 
through (H) and (K) of section 2007(a)(1); and 
‘‘(ii) information and materials submitted under 
subparagraph (B). 
‘‘(B) SUBMISSION OF INFORMATION BY ELIGIBLE METRO-
POLITAN AREAS.—Prior to conducting each initial assess-
ment under subparagraph (A), the Administrator shall pro-
vide each eligible metropolitan area with, and shall notify 
each eligible metropolitan area of, the opportunity to— 
‘‘(i) submit information that the eligible metropoli-
tan area believes to be relevant to the determination 
of the threat, vulnerability, and consequences it faces 
from acts of terrorism; and 
‘‘(ii) review the risk assessment conducted by the 
Department 
of 
that 
eligible 
metropolitan 
area, 
including the bases for the assessment by the Depart-
ment of the threat, vulnerability, and consequences 
6 USC 604. 
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121 STAT. 275 
PUBLIC LAW 110–53—AUG. 3, 2007 
from acts of terrorism faced by that eligible metropoli-
tan area, and remedy erroneous or incomplete informa-
tion. 
‘‘(3) DESIGNATION OF HIGH-RISK URBAN AREAS.— 
‘‘(A) DESIGNATION.— 
‘‘(i) IN GENERAL.—For each fiscal year, after con-
ducting the initial assessment under paragraph (2), 
and based on that assessment, the Administrator shall 
designate high-risk urban areas that may submit 
applications for grants under this section. 
‘‘(ii) ADDITIONAL
AREAS.—Notwithstanding para-
graph (2), the Administrator may— 
‘‘(I) in any case where an eligible metropolitan 
area consists of more than 1 metropolitan division 
(as that term is defined by the Office of Manage-
ment and Budget) designate more than 1 high- 
risk urban area within a single eligible metropoli-
tan area; and 
‘‘(II) designate an area that is not an eligible 
metropolitan area as a high-risk urban area based 
on the assessment by the Administrator of the 
relative threat, vulnerability, and consequences 
from acts of terrorism faced by the area. 
‘‘(iii) RULE
OF
CONSTRUCTION.—Nothing in this 
subsection may be construed to require the Adminis-
trator to— 
‘‘(I) designate all eligible metropolitan areas 
that submit information to the Administrator 
under paragraph (2)(B)(i) as high-risk urban areas; 
or 
‘‘(II) designate all areas within an eligible 
metropolitan area as part of the high-risk urban 
area. 
‘‘(B) JURISDICTIONS
INCLUDED
IN
HIGH-RISK
URBAN 
AREAS.— 
‘‘(i) IN GENERAL.—In designating high-risk urban 
areas under subparagraph (A), the Administrator shall 
determine which jurisdictions, at a minimum, shall 
be included in each high-risk urban area. 
‘‘(ii) 
ADDITIONAL
JURISDICTIONS.—A 
high-risk 
urban area designated by the Administrator may, in 
consultation with the State or States in which such 
high-risk urban area is located, add additional jurisdic-
tions to the high-risk urban area. 
‘‘(c) APPLICATION.— 
‘‘(1) IN GENERAL.—An area designated as a high-risk urban 
area under subsection (b) may apply for a grant under this 
section. 
‘‘(2) MINIMUM CONTENTS OF APPLICATION.—In an applica-
tion for a grant under this section, a high-risk urban area 
shall submit— 
‘‘(A) a plan describing the proposed division of respon-
sibilities and distribution of funding among the local and 
tribal governments in the high-risk urban area; 
‘‘(B) the name of an individual to serve as a high- 
risk urban area liaison with the Department and among 
the various jurisdictions in the high-risk urban area; and 
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121 STAT. 276 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(C) such information in support of the application 
as the Administrator may reasonably require. 
‘‘(3) ANNUAL APPLICATIONS.—Applicants for grants under 
this section shall apply or reapply on an annual basis. 
‘‘(4) STATE REVIEW AND TRANSMISSION.— 
‘‘(A) IN GENERAL.—To ensure consistency with State 
homeland security plans, a high-risk urban area applying 
for a grant under this section shall submit its application 
to each State within which any part of that high-risk 
urban area is located for review before submission of such 
application to the Department. 
‘‘(B) DEADLINE.—Not later than 30 days after receiving 
an application from a high-risk urban area under subpara-
graph (A), a State shall transmit the application to the 
Department. 
‘‘(C) OPPORTUNITY FOR STATE COMMENT.—If the Gov-
ernor of a State determines that an application of a high- 
risk urban area is inconsistent with the State homeland 
security plan of that State, or otherwise does not support 
the application, the Governor shall— 
‘‘(i) notify the Administrator, in writing, of that 
fact; and 
‘‘(ii) provide an explanation of the reason for not 
supporting the application at the time of transmission 
of the application. 
‘‘(5) OPPORTUNITY TO AMEND.—In considering applications 
for grants under this section, the Administrator shall provide 
applicants with a reasonable opportunity to correct defects in 
the application, if any, before making final awards. 
‘‘(d) DISTRIBUTION OF AWARDS.— 
‘‘(1) IN
GENERAL.—If the Administrator approves the 
application of a high-risk urban area for a grant under this 
section, the Administrator shall distribute the grant funds to 
the State or States in which that high-risk urban area is 
located. 
‘‘(2) STATE DISTRIBUTION OF FUNDS.— 
‘‘(A) IN GENERAL.—Not later than 45 days after the 
date that a State receives grant funds under paragraph 
(1), that State shall provide the high-risk urban area 
awarded that grant not less than 80 percent of the grant 
funds. Any funds retained by a State shall be expended 
on items, services, or activities that benefit the high-risk 
urban area. 
‘‘(B) FUNDS RETAINED.—A State shall provide each rel-
evant high-risk urban area with an accounting of the items, 
services, or activities on which any funds retained by the 
State under subparagraph (A) were expended. 
‘‘(3) INTERSTATE
URBAN
AREAS.—If parts of a high-risk 
urban area awarded a grant under this section are located 
in 2 or more States, the Administrator shall distribute to each 
such State— 
‘‘(A) a portion of the grant funds in accordance with 
the proposed distribution set forth in the application; or 
‘‘(B) if no agreement on distribution has been reached, 
a portion of the grant funds determined by the Adminis-
trator to be appropriate. 
Deadline. 
Notification. 
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121 STAT. 277 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(4) CERTIFICATIONS
REGARDING
DISTRIBUTION
OF
GRANT 
FUNDS TO HIGH-RISK URBAN AREAS.—A State that receives grant 
funds under paragraph (1) shall certify to the Administrator 
that the State has made available to the applicable high-risk 
urban area the required funds under paragraph (2). 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for grants under this section— 
‘‘(1) $850,000,000 for fiscal year 2008; 
‘‘(2) $950,000,000 for fiscal year 2009; 
‘‘(3) $1,050,000,000 for fiscal year 2010; 
‘‘(4) $1,150,000,000 for fiscal year 2011; 
‘‘(5) $1,300,000,000 for fiscal year 2012; and 
‘‘(6) such sums as are necessary for fiscal year 2013, and 
each fiscal year thereafter. 
‘‘SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established a State Homeland 
Security Grant Program to assist State, local, and tribal govern-
ments in preventing, preparing for, protecting against, and 
responding to acts of terrorism. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—Each State may apply for a grant under 
this section, and shall submit such information in support 
of the application as the Administrator may reasonably require. 
‘‘(2) MINIMUM CONTENTS OF APPLICATION.—The Adminis-
trator shall require that each State include in its application, 
at a minimum— 
‘‘(A) the purpose for which the State seeks grant funds 
and the reasons why the State needs the grant to meet 
the target capabilities of that State; 
‘‘(B) a description of how the State plans to allocate 
the grant funds to local governments and Indian tribes; 
and 
‘‘(C) a budget showing how the State intends to expend 
the grant funds. 
‘‘(3) ANNUAL APPLICATIONS.—Applicants for grants under 
this section shall apply or reapply on an annual basis. 
‘‘(c) DISTRIBUTION TO LOCAL AND TRIBAL GOVERNMENTS.— 
‘‘(1) IN GENERAL.—Not later than 45 days after receiving 
grant funds, any State receiving a grant under this section 
shall make available to local and tribal governments, consistent 
with the applicable State homeland security plan— 
‘‘(A) not less than 80 percent of the grant funds; 
‘‘(B) with the consent of local and tribal governments, 
items, services, or activities having a value of not less 
than 80 percent of the amount of the grant; or 
‘‘(C) with the consent of local and tribal governments, 
grant funds combined with other items, services, or activi-
ties having a total value of not less than 80 percent of 
the amount of the grant. 
‘‘(2) CERTIFICATIONS
REGARDING
DISTRIBUTION
OF
GRANT 
FUNDS TO LOCAL GOVERNMENTS.—A State shall certify to the 
Administrator that the State has made the distribution to 
local and tribal governments required under paragraph (1). 
‘‘(3) EXTENSION OF PERIOD.—The Governor of a State may 
request in writing that the Administrator extend the period 
under paragraph (1) for an additional period of time. The 
Deadline. 
6 USC 605. 
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121 STAT. 278 
PUBLIC LAW 110–53—AUG. 3, 2007 
Administrator may approve such a request if the Administrator 
determines that the resulting delay in providing grant funding 
to the local and tribal governments is necessary to promote 
effective investments to prevent, prepare for, protect against, 
or respond to acts of terrorism. 
‘‘(4) EXCEPTION.—Paragraph (1) shall not apply to the Dis-
trict of Columbia, the Commonwealth of Puerto Rico, American 
Samoa, the Commonwealth of the Northern Mariana Islands, 
Guam, or the Virgin Islands. 
‘‘(5) DIRECT FUNDING.—If a State fails to make the distribu-
tion to local or tribal governments required under paragraph 
(1) in a timely fashion, a local or tribal government entitled 
to receive such distribution may petition the Administrator 
to request that grant funds be provided directly to the local 
or tribal government. 
‘‘(d) MULTISTATE APPLICATIONS.— 
‘‘(1) IN GENERAL.—Instead of, or in addition to, any applica-
tion for a grant under subsection (b), 2 or more States may 
submit an application for a grant under this section in support 
of multistate efforts to prevent, prepare for, protect against, 
and respond to acts of terrorism. 
‘‘(2) ADMINISTRATION
OF
GRANT.—If a group of States 
applies for a grant under this section, such States shall submit 
to the Administrator at the time of application a plan 
describing— 
‘‘(A) the division of responsibilities for administering 
the grant; and 
‘‘(B) the distribution of funding among the States that 
are parties to the application. 
‘‘(e) MINIMUM ALLOCATION.— 
‘‘(1) IN GENERAL.—In allocating funds under this section, 
the Administrator shall ensure that— 
‘‘(A) except as provided in subparagraph (B), each State 
receives, from the funds appropriated for the State Home-
land Security Grant Program established under this sec-
tion, not less than an amount equal to— 
‘‘(i) 0.375 percent of the total funds appropriated 
for grants under this section and section 2003 in fiscal 
year 2008; 
‘‘(ii) 0.365 percent of the total funds appropriated 
for grants under this section and section 2003 in fiscal 
year 2009; 
‘‘(iii) 0.36 percent of the total funds appropriated 
for grants under this section and section 2003 in fiscal 
year 2010; 
‘‘(iv) 0.355 percent of the total funds appropriated 
for grants under this section and section 2003 in fiscal 
year 2011; and 
‘‘(v) 0.35 percent of the total funds appropriated 
for grants under this section and section 2003 in fiscal 
year 2012 and in each fiscal year thereafter; and 
‘‘(B) for each fiscal year, American Samoa, the 
Commonwealth of the Northern Mariana Islands, Guam, 
and the Virgin Islands each receive, from the funds appro-
priated for the State Homeland Security Grant Program 
established under this section, not less than an amount 
Territories. 
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121 STAT. 279 
PUBLIC LAW 110–53—AUG. 3, 2007 
equal to 0.08 percent of the total funds appropriated for 
grants under this section and section 2003. 
‘‘(2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM.— 
Any portion of a multistate award provided to a State under 
subsection (d) shall be considered in calculating the minimum 
State allocation under this subsection. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for grants under this section— 
‘‘(1) $950,000,000 for each of fiscal years 2008 through 
2012; and 
‘‘(2) such sums as are necessary for fiscal year 2013, and 
each fiscal year thereafter. 
‘‘SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES. 
‘‘(a) IN
GENERAL.—Notwithstanding section 2004(b), the 
Administrator may award grants to directly eligible tribes under 
section 2004. 
‘‘(b) TRIBAL APPLICATIONS.—A directly eligible tribe may apply 
for a grant under section 2004 by submitting an application to 
the Administrator that includes, as appropriate, the information 
required for an application by a State under section 2004(b). 
‘‘(c) CONSISTENCY WITH STATE PLANS.— 
‘‘(1) IN
GENERAL.—To ensure consistency with any 
applicable State homeland security plan, a directly eligible 
tribe applying for a grant under section 2004 shall provide 
a copy of its application to each State within which any part 
of the tribe is located for review before the tribe submits such 
application to the Department. 
‘‘(2) OPPORTUNITY
FOR
COMMENT.—If the Governor of a 
State determines that the application of a directly eligible tribe 
is inconsistent with the State homeland security plan of that 
State, or otherwise does not support the application, not later 
than 30 days after the date of receipt of that application the 
Governor shall— 
‘‘(A) notify the Administrator, in writing, of that fact; 
and 
‘‘(B) provide an explanation of the reason for not sup-
porting the application. 
‘‘(d) FINAL AUTHORITY.—The Administrator shall have final 
authority to approve any application of a directly eligible tribe. 
The Administrator shall notify each State within the boundaries 
of which any part of a directly eligible tribe is located of the 
approval of an application by the tribe. 
‘‘(e) PRIORITIZATION.—The Administrator shall allocate funds 
to directly eligible tribes in accordance with the factors applicable 
to allocating funds among States under section 2007. 
‘‘(f) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES.— 
If the Administrator awards funds to a directly eligible tribe under 
this section, the Administrator shall distribute the grant funds 
directly to the tribe and not through any State. 
‘‘(g) MINIMUM ALLOCATION.— 
‘‘(1) IN GENERAL.—In allocating funds under this section, 
the Administrator shall ensure that, for each fiscal year, 
directly eligible tribes collectively receive, from the funds appro-
priated for the State Homeland Security Grant Program estab-
lished under section 2004, not less than an amount equal 
Notification. 
Deadline. 
Notification. 
6 USC 606. 
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121 STAT. 280 
PUBLIC LAW 110–53—AUG. 3, 2007 
to 0.1 percent of the total funds appropriated for grants under 
sections 2003 and 2004. 
‘‘(2) EXCEPTION.—This subsection shall not apply in any 
fiscal year in which the Administrator— 
‘‘(A) receives fewer than 5 applications under this sec-
tion; or 
‘‘(B) does not approve at least 2 applications under 
this section. 
‘‘(h) TRIBAL LIAISON.—A directly eligible tribe applying for a 
grant under section 2004 shall designate an individual to serve 
as a tribal liaison with the Department and other Federal, State, 
local, and regional government officials concerning preventing, pre-
paring for, protecting against, and responding to acts of terrorism. 
‘‘(i) ELIGIBILITY FOR OTHER FUNDS.—A directly eligible tribe 
that receives a grant under section 2004 may receive funds for 
other purposes under a grant from the State or States within 
the boundaries of which any part of such tribe is located and 
from any high-risk urban area of which it is a part, consistent 
with the homeland security plan of the State or high-risk urban 
area. 
‘‘(j) STATE OBLIGATIONS.— 
‘‘(1) IN GENERAL.—States shall be responsible for allocating 
grant funds received under section 2004 to tribal governments 
in order to help those tribal communities achieve target 
capabilities not achieved through grants to directly eligible 
tribes. 
‘‘(2) DISTRIBUTION OF GRANT FUNDS.—With respect to a 
grant to a State under section 2004, an Indian tribe shall 
be eligible for funding directly from that State, and shall not 
be required to seek funding from any local government. 
‘‘(3) IMPOSITION
OF
REQUIREMENTS.—A State may not 
impose unreasonable or unduly burdensome requirements on 
an Indian tribe as a condition of providing the Indian tribe 
with grant funds or resources under section 2004. 
‘‘(k) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed to affect the authority of an Indian tribe that receives 
funds under this subtitle. 
‘‘SEC. 2006. TERRORISM PREVENTION. 
‘‘(a) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.— 
‘‘(1) IN GENERAL.—The Administrator shall ensure that not 
less than 25 percent of the total combined funds appropriated 
for grants under sections 2003 and 2004 is used for law enforce-
ment terrorism prevention activities. 
‘‘(2) LAW
ENFORCEMENT
TERRORISM
PREVENTION
ACTIVI-
TIES.—Law 
enforcement 
terrorism 
prevention 
activities 
include— 
‘‘(A) information sharing and analysis; 
‘‘(B) target hardening; 
‘‘(C) threat recognition; 
‘‘(D) terrorist interdiction; 
‘‘(E) overtime expenses consistent with a State home-
land security plan, including for the provision of enhanced 
law enforcement operations in support of Federal agencies, 
including for increased border security and border crossing 
enforcement; 
6 USC 607. 
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121 STAT. 281 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(F) establishing, enhancing, and staffing with appro-
priately qualified personnel State, local, and regional fusion 
centers that comply with the guidelines established under 
section 210A(i); 
‘‘(G) paying salaries and benefits for personnel, 
including individuals employed by the grant recipient on 
the date of the relevant grant application, to serve as 
qualified intelligence analysts; 
‘‘(H) any other activity permitted under the Fiscal Year 
2007 Program Guidance of the Department for the Law 
Enforcement Terrorism Prevention Program; and 
‘‘(I) any other terrorism prevention activity authorized 
by the Administrator. 
‘‘(3) PARTICIPATION
OF
UNDERREPRESENTED
COMMUNITIES 
IN FUSION CENTERS.—The Administrator shall ensure that grant 
funds described in paragraph (1) are used to support the partici-
pation, as appropriate, of law enforcement and other emergency 
response providers from rural and other underrepresented 
communities at risk from acts of terrorism in fusion centers. 
‘‘(b) OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.— 
‘‘(1) ESTABLISHMENT.—There is established in the Policy 
Directorate of the Department an Office for State and Local 
Law Enforcement, which shall be headed by an Assistant Sec-
retary for State and Local Law Enforcement. 
‘‘(2) QUALIFICATIONS.—The Assistant Secretary for State 
and Local Law Enforcement shall have an appropriate back-
ground with experience in law enforcement, intelligence, and 
other counterterrorism functions. 
‘‘(3) ASSIGNMENT
OF
PERSONNEL.—The Secretary shall 
assign to the Office for State and Local Law Enforcement 
permanent staff and, as appropriate and consistent with sec-
tions 506(c)(2), 821, and 888(d), other appropriate personnel 
detailed from other components of the Department to carry 
out the responsibilities under this subsection. 
‘‘(4) RESPONSIBILITIES.—The Assistant Secretary for State 
and Local Law Enforcement shall— 
‘‘(A) lead the coordination of Department-wide policies 
relating to the role of State and local law enforcement 
in preventing, preparing for, protecting against, and 
responding to natural disasters, acts of terrorism, and other 
man-made disasters within the United States; 
‘‘(B) serve as a liaison between State, local, and tribal 
law enforcement agencies and the Department; 
‘‘(C) coordinate with the Office of Intelligence and Anal-
ysis to ensure the intelligence and information sharing 
requirements of State, local, and tribal law enforcement 
agencies are being addressed; 
‘‘(D) work with the Administrator to ensure that law 
enforcement and terrorism-focused grants to State, local, 
and tribal government agencies, including grants under 
sections 2003 and 2004, the Commercial Equipment Direct 
Assistance Program, and other grants administered by the 
Department to support fusion centers and law enforcement- 
oriented programs, are appropriately focused on terrorism 
prevention activities; 
‘‘(E) coordinate with the Science and Technology Direc-
torate, the Federal Emergency Management Agency, the 
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121 STAT. 282 
PUBLIC LAW 110–53—AUG. 3, 2007 
Department of Justice, the National Institute of Justice, 
law enforcement organizations, and other appropriate enti-
ties to support the development, promulgation, and 
updating, as necessary, of national voluntary consensus 
standards for training and personal protective equipment 
to be used in a tactical environment by law enforcement 
officers; and 
‘‘(F) conduct, jointly with the Administrator, a study 
to determine the efficacy and feasibility of establishing 
specialized law enforcement deployment teams to assist 
State, local, and tribal governments in responding to nat-
ural disasters, acts of terrorism, or other man-made disas-
ters and report on the results of that study to the appro-
priate committees of Congress. 
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to diminish, supercede, or replace the respon-
sibilities, authorities, or role of the Administrator. 
‘‘SEC. 2007. PRIORITIZATION. 
‘‘(a) IN GENERAL.—In allocating funds among States and high- 
risk urban areas applying for grants under section 2003 or 2004, 
the Administrator shall consider, for each State or high-risk urban 
area— 
‘‘(1) its relative threat, vulnerability, and consequences 
from acts of terrorism, including consideration of— 
‘‘(A) its population, including appropriate consideration 
of military, tourist, and commuter populations; 
‘‘(B) its population density; 
‘‘(C) its history of threats, including whether it has 
been the target of a prior act of terrorism; 
‘‘(D) its degree of threat, vulnerability, and con-
sequences related to critical infrastructure (for all critical 
infrastructure sectors) or key resources identified by the 
Administrator or the State homeland security plan, 
including threats, vulnerabilities, and consequences related 
to critical infrastructure or key resources in nearby jurisdic-
tions; 
‘‘(E) the most current threat assessments available to 
the Department; 
‘‘(F) whether the State has, or the high-risk urban 
area is located at or near, an international border; 
‘‘(G) whether it has a coastline bordering an ocean 
(including the Gulf of Mexico) or international waters; 
‘‘(H) its likely need to respond to acts of terrorism 
occurring in nearby jurisdictions; 
‘‘(I) the extent to which it has unmet target capabilities; 
‘‘(J) in the case of a high-risk urban area, the extent 
to which that high-risk urban area includes— 
‘‘(i) those incorporated municipalities, counties, 
parishes, and Indian tribes within the relevant eligible 
metropolitan area, the inclusion of which will enhance 
regional efforts to prevent, prepare for, protect against, 
and respond to acts of terrorism; and 
‘‘(ii) other local and tribal governments in the sur-
rounding area that are likely to be called upon to 
respond to acts of terrorism within the high-risk urban 
area; and 
6 USC 608. 
Study. 
Reports. 
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121 STAT. 283 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(K) such other factors as are specified in writing by 
the Administrator; and 
‘‘(2) the anticipated effectiveness of the proposed use of 
the grant by the State or high-risk urban area in increasing 
the ability of that State or high-risk urban area to prevent, 
prepare for, protect against, and respond to acts of terrorism, 
to meet its target capabilities, and to otherwise reduce the 
overall risk to the high-risk urban area, the State, or the 
Nation. 
‘‘(b) TYPES OF THREAT.—In assessing threat under this section, 
the Administrator shall consider the following types of threat to 
critical infrastructure sectors and to populations in all areas of 
the United States, urban and rural: 
‘‘(1) Biological. 
‘‘(2) Chemical. 
‘‘(3) Cyber. 
‘‘(4) Explosives. 
‘‘(5) Incendiary. 
‘‘(6) Nuclear. 
‘‘(7) Radiological. 
‘‘(8) Suicide bombers. 
‘‘(9) Such other types of threat determined relevant by 
the Administrator. 
‘‘SEC. 2008. USE OF FUNDS. 
‘‘(a) PERMITTED USES.—Grants awarded under section 2003 
or 2004 may be used to achieve target capabilities related to pre-
venting, preparing for, protecting against, and responding to acts 
of terrorism, consistent with a State homeland security plan and 
relevant local, tribal, and regional homeland security plans, 
through— 
‘‘(1) developing and enhancing homeland security, emer-
gency management, or other relevant plans, assessments, or 
mutual aid agreements; 
‘‘(2) designing, conducting, and evaluating training and 
exercises, including training and exercises conducted under 
section 512 of this Act and section 648 of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 748); 
‘‘(3) protecting a system or asset included on the prioritized 
critical infrastructure list established under section 210E(a)(2); 
‘‘(4) purchasing, upgrading, storing, or maintaining equip-
ment, including computer hardware and software; 
‘‘(5) ensuring operability and achieving interoperability of 
emergency communications; 
‘‘(6) responding to an increase in the threat level under 
the Homeland Security Advisory System, or to the needs 
resulting from a National Special Security Event; 
‘‘(7) establishing, enhancing, and staffing with appro-
priately qualified personnel State, local, and regional fusion 
centers that comply with the guidelines established under sec-
tion 210A(i); 
‘‘(8) enhancing school preparedness; 
‘‘(9) supporting public safety answering points; 
‘‘(10) paying salaries and benefits for personnel, including 
individuals employed by the grant recipient on the date of 
the relevant grant application, to serve as qualified intelligence 
analysts; 
6 USC 609. 
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121 STAT. 284 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(11) paying expenses directly related to administration 
of the grant, except that such expenses may not exceed 3 
percent of the amount of the grant; 
‘‘(12) any activity permitted under the Fiscal Year 2007 
Program Guidance of the Department for the State Homeland 
Security Grant Program, the Urban Area Security Initiative 
(including 
activities 
permitted 
under 
the 
full-time 
counterterrorism staffing pilot), or the Law Enforcement Ter-
rorism Prevention Program; and 
‘‘(13) any other appropriate activity, as determined by the 
Administrator. 
‘‘(b) LIMITATIONS ON USE OF FUNDS.— 
‘‘(1) IN GENERAL.—Funds provided under section 2003 or 
2004 may not be used— 
‘‘(A) to supplant State or local funds, except that 
nothing in this paragraph shall prohibit the use of grant 
funds provided to a State or high-risk urban area for other-
wise permissible uses under subsection (a) on the basis 
that a State or high-risk urban area has previously used 
State or local funds to support the same or similar uses; 
or 
‘‘(B) for any State or local government cost-sharing 
contribution. 
‘‘(2) PERSONNEL.— 
‘‘(A) IN GENERAL.—Not more than 50 percent of the 
amount awarded to a grant recipient under section 2003 
or 2004 in any fiscal year may be used to pay for personnel, 
including overtime and backfill costs, in support of the 
permitted uses under subsection (a). 
‘‘(B) WAIVER.—At the request of the recipient of a 
grant under section 2003 or 2004, the Administrator may 
grant a waiver of the limitation under subparagraph (A). 
‘‘(3) CONSTRUCTION.— 
‘‘(A) IN GENERAL.—A grant awarded under section 2003 
or 2004 may not be used to acquire land or to construct 
buildings or other physical facilities. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) IN GENERAL.—Notwithstanding subparagraph 
(A), nothing in this paragraph shall prohibit the use 
of a grant awarded under section 2003 or 2004 to 
achieve target capabilities related to preventing, pre-
paring for, protecting against, or responding to acts 
of terrorism, including through the alteration or remod-
eling of existing buildings for the purpose of making 
such buildings secure against acts of terrorism. 
‘‘(ii) REQUIREMENTS
FOR
EXCEPTION.—No grant 
awarded under section 2003 or 2004 may be used 
for a purpose described in clause (i) unless— 
‘‘(I) specifically approved by the Administrator; 
‘‘(II) any construction work occurs under terms 
and conditions consistent with the requirements 
under section 611(j)(9) of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5196(j)(9)); and 
‘‘(III) the amount allocated for purposes under 
clause (i) does not exceed the greater of $1,000,000 
or 15 percent of the grant award. 
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121 STAT. 285 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(4) RECREATION.—Grants awarded under this subtitle may 
not be used for recreational or social purposes. 
‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this subtitle shall 
be construed to prohibit State, local, or tribal governments from 
using grant funds under sections 2003 and 2004 in a manner 
that enhances preparedness for disasters unrelated to acts of ter-
rorism, if such use assists such governments in achieving target 
capabilities related to preventing, preparing for, protecting against, 
or responding to acts of terrorism. 
‘‘(d) REIMBURSEMENT OF COSTS.— 
‘‘(1) PAID-ON-CALL
OR
VOLUNTEER
REIMBURSEMENT.—In 
addition to the activities described in subsection (a), a grant 
under section 2003 or 2004 may be used to provide a reasonable 
stipend to paid-on-call or volunteer emergency response pro-
viders who are not otherwise compensated for travel to or 
participation in training or exercises related to the purposes 
of this subtitle. Any such reimbursement shall not be considered 
compensation for purposes of rendering an emergency response 
provider an employee under the Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.). 
‘‘(2) PERFORMANCE OF FEDERAL DUTY.—An applicant for 
a grant under section 2003 or 2004 may petition the Adminis-
trator to use the funds from its grants under those sections 
for the reimbursement of the cost of any activity relating to 
preventing, preparing for, protecting against, or responding 
to acts of terrorism that is a Federal duty and usually per-
formed by a Federal agency, and that is being performed by 
a State or local government under agreement with a Federal 
agency. 
‘‘(e) FLEXIBILITY
IN UNSPENT HOMELAND SECURITY GRANT 
FUNDS.—Upon request by the recipient of a grant under section 
2003 or 2004, the Administrator may authorize the grant recipient 
to transfer all or part of the grant funds from uses specified in 
the grant agreement to other uses authorized under this section, 
if the Administrator determines that such transfer is in the interests 
of homeland security. 
‘‘(f) EQUIPMENT STANDARDS.—If an applicant for a grant under 
section 2003 or 2004 proposes to upgrade or purchase, with assist-
ance provided under that grant, new equipment or systems that 
do not meet or exceed any applicable national voluntary consensus 
standards developed under section 647 of the Post-Katrina Emer-
gency Management Reform Act of 2006 (6 U.S.C. 747), the applicant 
shall include in its application an explanation of why such equip-
ment or systems will serve the needs of the applicant better than 
equipment or systems that meet or exceed such standards. 
‘‘Subtitle B—Grants Administration 
‘‘SEC. 2021. ADMINISTRATION AND COORDINATION. 
‘‘(a) REGIONAL COORDINATION.—The Administrator shall ensure 
that— 
‘‘(1) all recipients of grants administered by the Department 
to prevent, prepare for, protect against, or respond to natural 
disasters, acts of terrorism, or other man-made disasters 
(excluding assistance provided under section 203, title IV, or 
title V of the Robert T. Stafford Disaster Relief and Emergency 
6 USC 611. 
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121 STAT. 286 
PUBLIC LAW 110–53—AUG. 3, 2007 
Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et 
seq.)) coordinate, as appropriate, their prevention, prepared-
ness, and protection efforts with neighboring State, local, and 
tribal governments; and 
‘‘(2) all high-risk urban areas and other recipients of grants 
administered by the Department to prevent, prepare for, protect 
against, or respond to natural disasters, acts of terrorism, or 
other man-made disasters (excluding assistance provided under 
section 203, title IV, or title V of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 
et seq., and 5191 et seq.)) that include or substantially affect 
parts or all of more than 1 State coordinate, as appropriate, 
across State boundaries, including, where appropriate, through 
the use of regional working groups and requirements for 
regional plans. 
‘‘(b) PLANNING COMMITTEES.— 
‘‘(1) IN
GENERAL.—Any State or high-risk urban area 
receiving a grant under section 2003 or 2004 shall establish 
a planning committee to assist in preparation and revision 
of the State, regional, or local homeland security plan and 
to assist in determining effective funding priorities for grants 
under sections 2003 and 2004. 
‘‘(2) COMPOSITION.— 
‘‘(A) IN
GENERAL.—The planning committee shall 
include 
representatives 
of 
significant 
stakeholders, 
including— 
‘‘(i) local and tribal government officials; and 
‘‘(ii) emergency response providers, which shall 
include representatives of the fire service, law enforce-
ment, emergency medical response, and emergency 
managers. 
‘‘(B) GEOGRAPHIC REPRESENTATION.—The members of 
the planning committee shall be a representative group 
of individuals from the counties, cities, towns, and Indian 
tribes within the State or high-risk urban area, including, 
as appropriate, representatives of rural, high-population, 
and high-threat jurisdictions. 
‘‘(3) EXISTING PLANNING COMMITTEES.—Nothing in this sub-
section may be construed to require that any State or high- 
risk urban area create a planning committee if that State 
or high-risk urban area has established and uses a multijuris-
dictional planning committee or commission that meets the 
requirements of this subsection. 
‘‘(c) INTERAGENCY COORDINATION.— 
‘‘(1) IN GENERAL.—Not later than 12 months after the date 
of enactment of the Implementing Recommendations of the 
9/11 Commission Act of 2007, the Secretary (acting through 
the Administrator), the Attorney General, the Secretary of 
Health and Human Services, and the heads of other agencies 
providing assistance to State, local, and tribal governments 
for 
preventing, 
preparing 
for, 
protecting 
against, 
and 
responding to natural disasters, acts of terrorism, and other 
man-made disasters, shall jointly— 
‘‘(A) compile a comprehensive list of Federal grant 
programs for State, local, and tribal governments for pre-
venting, preparing for, protecting against, and responding 
Deadline. 
Establishment. 
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121 STAT. 287 
PUBLIC LAW 110–53—AUG. 3, 2007 
to natural disasters, acts of terrorism, and other man- 
made disasters; 
‘‘(B) compile the planning, reporting, application, and 
other requirements and guidance for the grant programs 
described in subparagraph (A); 
‘‘(C) develop recommendations, as appropriate, to— 
‘‘(i) eliminate redundant and duplicative require-
ments for State, local, and tribal governments, 
including onerous application and ongoing reporting 
requirements; 
‘‘(ii) ensure accountability of the programs to the 
intended purposes of such programs; 
‘‘(iii) coordinate allocation of grant funds to avoid 
duplicative or inconsistent purchases by the recipients; 
‘‘(iv) make the programs more accessible and user 
friendly to applicants; and 
‘‘(v) ensure the programs are coordinated to 
enhance the overall preparedness of the Nation; 
‘‘(D) submit the information and recommendations 
under subparagraphs (A), (B), and (C) to the appropriate 
committees of Congress; and 
‘‘(E) provide the appropriate committees of Congress, 
the Comptroller General, and any officer or employee of 
the Government Accountability Office with full access to 
any information collected or reviewed in preparing the 
submission under subparagraph (D). 
‘‘(2) SCOPE
OF
TASK.—Nothing in this subsection shall 
authorize the elimination, or the alteration of the purposes, 
as delineated by statute, regulation, or guidance, of any grant 
program that exists on the date of the enactment of the Imple-
menting Recommendations of the 9/11 Commission Act of 2007, 
nor authorize the review or preparation of proposals on the 
elimination, or the alteration of such purposes, of any such 
grant program. 
‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that, 
in order to ensure that the Nation is most effectively able to 
prevent, prepare for, protect against, and respond to all hazards, 
including natural disasters, acts of terrorism, and other man-made 
disasters— 
‘‘(1) the Department should administer a coherent and 
coordinated system of both terrorism-focused and all-hazards 
grants; 
‘‘(2) there should be a continuing and appropriate balance 
between 
funding 
for 
terrorism-focused 
and 
all-hazards 
preparedness, as reflected in the authorizations of appropria-
tions for grants under the amendments made by titles I and 
II, as applicable, of the Implementing Recommendations of 
the 9/11 Commission Act of 2007; and 
‘‘(3) with respect to terrorism-focused grants, it is necessary 
to ensure both that the target capabilities of the highest risk 
areas are achieved quickly and that basic levels of prepared-
ness, as measured by the attainment of target capabilities, 
are achieved nationwide. 
‘‘SEC. 2022. ACCOUNTABILITY. 
‘‘(a) AUDITS OF GRANT PROGRAMS.— 
‘‘(1) COMPLIANCE REQUIREMENTS.— 
6 USC 612. 
Submission. 
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121 STAT. 288 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(A) AUDIT REQUIREMENT.—Each recipient of a grant 
administered by the Department that expends not less 
than $500,000 in Federal funds during its fiscal year shall 
submit to the Administrator a copy of the organization- 
wide financial and compliance audit report required under 
chapter 75 of title 31, United States Code. 
‘‘(B) ACCESS TO INFORMATION.—The Department and 
each recipient of a grant administered by the Department 
shall provide the Comptroller General and any officer or 
employee of the Government Accountability Office with 
full access to information regarding the activities carried 
out related to any grant administered by the Department. 
‘‘(C) 
IMPROPER
PAYMENTS.—Consistent 
with 
the 
Improper Payments Information Act of 2002 (31 U.S.C. 
3321 note), for each of the grant programs under sections 
2003 and 2004 of this title and section 662 of the Post- 
Katrina Emergency Management Reform Act of 2006 (6 
U.S.C. 762), the Administrator shall specify policies and 
procedures for— 
‘‘(i) identifying activities funded under any such 
grant program that are susceptible to significant 
improper payments; and 
‘‘(ii) reporting any improper payments to the 
Department. 
‘‘(2) AGENCY PROGRAM REVIEW.— 
‘‘(A) IN GENERAL.—Not less than once every 2 years, 
the Administrator shall conduct, for each State and high- 
risk urban area receiving a grant administered by the 
Department, a programmatic and financial review of all 
grants awarded by the Department to prevent, prepare 
for, protect against, or respond to natural disasters, acts 
of terrorism, or other man-made disasters, excluding assist-
ance provided under section 203, title IV, or title V of 
the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 
et seq.). 
‘‘(B) CONTENTS.—Each review under subparagraph (A) 
shall, at a minimum, examine— 
‘‘(i) whether the funds awarded were used in 
accordance with the law, program guidance, and State 
homeland security plans or other applicable plans; and 
‘‘(ii) the extent to which funds awarded enhanced 
the ability of a grantee to prevent, prepare for, protect 
against, and respond to natural disasters, acts of ter-
rorism, and other man-made disasters. 
‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—In addition 
to any other amounts authorized to be appropriated to 
the Administrator, there are authorized to be appropriated 
to the Administrator for reviews under this paragraph— 
‘‘(i) $8,000,000 for each of fiscal years 2008, 2009, 
and 2010; and 
‘‘(ii) such sums as are necessary for fiscal year 
2011, and each fiscal year thereafter. 
‘‘(3) 
OFFICE
OF
INSPECTOR
GENERAL
PERFORMANCE 
AUDITS.— 
‘‘(A) IN GENERAL.—In order to ensure the effective and 
appropriate use of grants administered by the Department, 
Deadline. 
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121 STAT. 289 
PUBLIC LAW 110–53—AUG. 3, 2007 
the Inspector General of the Department each year shall 
conduct audits of a sample of States and high-risk urban 
areas that receive grants administered by the Department 
to prevent, prepare for, protect against, or respond to nat-
ural disasters, acts of terrorism, or other man-made disas-
ters, excluding assistance provided under section 203, title 
IV, or title V of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5133, 5170 et 
seq., and 5191 et seq.). 
‘‘(B) DETERMINING SAMPLES.—The sample selected for 
audits under subparagraph (A) shall be— 
‘‘(i) of an appropriate size to— 
‘‘(I) assess the overall integrity of the grant 
programs described in subparagraph (A); and 
‘‘(II) act as a deterrent to financial mismanage-
ment; and 
‘‘(ii) selected based on— 
‘‘(I) the size of the grants awarded to the 
recipient; 
‘‘(II) the past grant management performance 
of the recipient; 
‘‘(III) concerns identified by the Administrator, 
including referrals from the Administrator; and 
‘‘(IV) such other factors as determined by the 
Inspector General of the Department. 
‘‘(C) COMPREHENSIVE
AUDITING.—During the 7-year 
period beginning on the date of enactment of the Imple-
menting Recommendations of the 9/11 Commission Act of 
2007, the Inspector General of the Department shall con-
duct not fewer than 1 audit of each State that receives 
funds under a grant under section 2003 or 2004. 
‘‘(D) REPORT BY THE INSPECTOR GENERAL.— 
‘‘(i) IN
GENERAL.—The Inspector General of the 
Department shall submit to the appropriate commit-
tees of Congress an annual consolidated report 
regarding the audits completed during the fiscal year 
before the date of that report. 
‘‘(ii) CONTENTS.—Each report submitted under 
clause (i) shall describe, for the fiscal year before the 
date of that report— 
‘‘(I) the audits conducted under subparagraph 
(A); 
‘‘(II) the findings of the Inspector General with 
respect to the audits conducted under subpara-
graph (A); 
‘‘(III) whether the funds awarded were used 
in accordance with the law, program guidance, 
and State homeland security plans and other 
applicable plans; and 
‘‘(IV) the extent to which funds awarded 
enhanced the ability of a grantee to prevent, pre-
pare for, protect against, and respond to natural 
disasters, acts of terrorism and other man-made 
disasters. 
‘‘(iii) 
DEADLINE.—For 
each 
year, 
the 
report 
required under clause (i) shall be submitted not later 
than December 31. 
Effective date. 
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121 STAT. 290 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(E) PUBLIC AVAILABILITY ON WEBSITE.—The Inspector 
General of the Department shall make each audit con-
ducted under subparagraph (A) available on the website 
of the Inspector General, subject to redaction as the 
Inspector General determines necessary to protect classified 
and other sensitive information. 
‘‘(F) PROVISION OF INFORMATION TO ADMINISTRATOR.— 
The Inspector General of the Department shall provide 
to the Administrator any findings and recommendations 
from audits conducted under subparagraph (A). 
‘‘(G) EVALUATION OF GRANTS MANAGEMENT AND OVER-
SIGHT.—Not later than 1 year after the date of enactment 
of the Implementing Recommendations of the 9/11 Commis-
sion Act of 2007, the Inspector General of the Department 
shall review and evaluate the grants management and 
oversight practices of the Federal Emergency Management 
Agency, including assessment of and recommendations 
relating to— 
‘‘(i) the skills, resources, and capabilities of the 
workforce; and 
‘‘(ii) any additional resources and staff necessary 
to carry out such management and oversight. 
‘‘(H) AUTHORIZATION OF APPROPRIATIONS.—In addition 
to any other amounts authorized to be appropriated to 
the Inspector General of the Department, there are author-
ized to be appropriated to the Inspector General of the 
Department for audits under subparagraph (A)— 
‘‘(i) $8,500,000 for each of fiscal years 2008, 2009, 
and 2010; and 
‘‘(ii) such sums as are necessary for fiscal year 
2011, and each fiscal year thereafter. 
‘‘(4) PERFORMANCE ASSESSMENT.—In order to ensure that 
States and high-risk urban areas are using grants administered 
by the Department appropriately to meet target capabilities 
and preparedness priorities, the Administrator shall— 
‘‘(A) ensure that any such State or high-risk urban 
area conducts or participates in exercises under section 
648(b) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 748(b)); 
‘‘(B) use performance metrics in accordance with the 
comprehensive assessment system under section 649 of 
the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 749) and ensure that any such State or 
high-risk urban area regularly tests its progress against 
such metrics through the exercises required under subpara-
graph (A); 
‘‘(C) use the remedial action management program 
under section 650 of the Post-Katrina Emergency Manage-
ment Reform Act of 2006 (6 U.S.C. 750); and 
‘‘(D) ensure that each State receiving a grant adminis-
tered by the Department submits a report to the Adminis-
trator on its level of preparedness, as required by section 
652(c) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 752(c)). 
‘‘(5) CONSIDERATION OF ASSESSMENTS.—In conducting pro-
gram reviews and performance audits under paragraphs (2) 
and (3), the Administrator and the Inspector General of the 
Reports. 
Deadline. 
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121 STAT. 291 
PUBLIC LAW 110–53—AUG. 3, 2007 
Department shall take into account the performance assess-
ment elements required under paragraph (4). 
‘‘(6) RECOVERY AUDITS.—The Administrator shall conduct 
a recovery audit (as that term is defined by the Director of 
the Office of Management and Budget under section 3561 of 
title 31, United States Code) for any grant administered by 
the Department with a total value of not less than $1,000,000, 
if the Administrator finds that— 
‘‘(A) a financial audit has identified improper payments 
that can be recouped; and 
‘‘(B) it is cost effective to conduct a recovery audit 
to recapture the targeted funds. 
‘‘(7) REMEDIES FOR NONCOMPLIANCE.— 
‘‘(A) IN GENERAL.—If, as a result of a review or audit 
under this subsection or otherwise, the Administrator finds 
that a recipient of a grant under this title has failed to 
substantially comply with any provision of law or with 
any regulations or guidelines of the Department regarding 
eligible expenditures, the Administrator shall— 
‘‘(i) reduce the amount of payment of grant funds 
to the recipient by an amount equal to the amount 
of grants funds that were not properly expended by 
the recipient; 
‘‘(ii) limit the use of grant funds to programs, 
projects, or activities not affected by the failure to 
comply; 
‘‘(iii) refer the matter to the Inspector General 
of the Department for further investigation; 
‘‘(iv) terminate any payment of grant funds to be 
made to the recipient; or 
‘‘(v) take such other action as the Administrator 
determines appropriate. 
‘‘(B) DURATION OF PENALTY.—The Administrator shall 
apply an appropriate penalty under subparagraph (A) until 
such time as the Administrator determines that the grant 
recipient is in full compliance with the law and with 
applicable guidelines or regulations of the Department. 
‘‘(b) REPORTS BY GRANT RECIPIENTS.— 
‘‘(1) 
QUARTERLY
REPORTS
ON
HOMELAND
SECURITY 
SPENDING.— 
‘‘(A) IN GENERAL.—As a condition of receiving a grant 
under section 2003 or 2004, a State, high-risk urban area, 
or directly eligible tribe shall, not later than 30 days after 
the end of each Federal fiscal quarter, submit to the 
Administrator a report on activities performed using grant 
funds during that fiscal quarter. 
‘‘(B) 
CONTENTS.—Each 
report 
submitted 
under 
subparagraph (A) shall at a minimum include, for the 
applicable State, high-risk urban area, or directly eligible 
tribe, and each subgrantee thereof— 
‘‘(i) the amount obligated to that recipient under 
section 2003 or 2004 in that quarter; 
‘‘(ii) the amount of funds received and expended 
under section 2003 or 2004 by that recipient in that 
quarter; and 
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121 STAT. 292 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(iii) a summary description of expenditures made 
by that recipient using such funds, and the purposes 
for which such expenditures were made. 
‘‘(C) END-OF-YEAR
REPORT.—The report submitted 
under subparagraph (A) by a State, high-risk urban area, 
or directly eligible tribe relating to the last quarter of 
any fiscal year shall include— 
‘‘(i) the amount and date of receipt of all funds 
received under the grant during that fiscal year; 
‘‘(ii) the identity of, and amount provided to, any 
subgrantee for that grant during that fiscal year; 
‘‘(iii) the amount and the dates of disbursements 
of all such funds expended in compliance with section 
2021(a)(1) or under mutual aid agreements or other 
sharing arrangements that apply within the State, 
high-risk urban area, or directly eligible tribe, as 
applicable, during that fiscal year; and 
‘‘(iv) how the funds were used by each recipient 
or subgrantee during that fiscal year. 
‘‘(2) ANNUAL REPORT.—Any State applying for a grant under 
section 2004 shall submit to the Administrator annually a 
State preparedness report, as required by section 652(c) of 
the Post-Katrina Emergency Management Reform Act of 2006 
(6 U.S.C. 752(c)). 
‘‘(c) REPORTS BY THE ADMINISTRATOR.— 
‘‘(1) FEDERAL PREPAREDNESS REPORT.—The Administrator 
shall submit to the appropriate committees of Congress 
annually the Federal Preparedness Report required under sec-
tion 652(a) of the Post-Katrina Emergency Management Reform 
Act of 2006 (6 U.S.C. 752(a)). 
‘‘(2) RISK ASSESSMENT.— 
‘‘(A) IN GENERAL.—For each fiscal year, the Adminis-
trator shall provide to the appropriate committees of Con-
gress a detailed and comprehensive explanation of the 
methodologies used to calculate risk and compute the 
allocation of funds for grants administered by the Depart-
ment, including— 
‘‘(i) all variables included in the risk assessment 
and the weights assigned to each such variable; 
‘‘(ii) an explanation of how each such variable, 
as weighted, correlates to risk, and the basis for con-
cluding there is such a correlation; and 
‘‘(iii) any change in the methodologies from the 
previous fiscal year, including changes in variables 
considered, weighting of those variables, and computa-
tional methods. 
‘‘(B) CLASSIFIED
ANNEX.—The information required 
under subparagraph (A) shall be provided in unclassified 
form to the greatest extent possible, and may include a 
classified annex if necessary. 
‘‘(C) DEADLINE.—For each fiscal year, the information 
required under subparagraph (A) shall be provided on the 
earlier of— 
‘‘(i) October 31; or 
‘‘(ii) 30 days before the issuance of any program 
guidance for grants administered by the Department. 
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121 STAT. 293 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(3) TRIBAL FUNDING REPORT.—At the end of each fiscal 
year, the Administrator shall submit to the appropriate commit-
tees of Congress a report setting forth the amount of funding 
provided during that fiscal year to Indian tribes under any 
grant program administered by the Department, whether pro-
vided directly or through a subgrant from a State or high- 
risk urban area.’’. 
SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT 
OF 2002. 
(a) NATIONAL ADVISORY COUNCIL.—Section 508(b) of the Home-
land Security Act of 2002 (6 U.S.C. 318(b)) is amended— 
(1) by striking ‘‘The National Advisory’’ the first place 
that term appears and inserting the following: 
‘‘(1) IN GENERAL.—The National Advisory’’; and 
(2) by adding at the end the following: 
‘‘(2) CONSULTATION ON GRANTS.—To ensure input from and 
coordination with State, local, and tribal governments and 
emergency response providers, the Administrator shall regu-
larly consult and work with the National Advisory Council 
on the administration and assessment of grant programs 
administered by the Department, including with respect to 
the development of program guidance and the development 
and evaluation of risk-assessment methodologies, as appro-
priate.’’. 
(b) EVACUATION PLANNING.—Section 512(b)(5)(A) of the Home-
land Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by 
inserting ‘‘, including the elderly’’ after ‘‘needs’’. 
SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGE-
MENT REFORM ACT OF 2006. 
(a) FUNDING EFFICACY.—Section 652(a)(2) of the Post-Katrina 
Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)) 
is amended— 
(1) in subparagraph (C), by striking ‘‘and’’ at the end; 
(2) in subparagraph (D), by striking the period at the 
end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(E) an evaluation of the extent to which grants 
administered by the Department, including grants under 
title XX of the Homeland Security Act of 2002— 
‘‘(i) have contributed to the progress of State, local, 
and tribal governments in achieving target capabilities; 
and 
‘‘(ii) have led to the reduction of risk from natural 
disasters, acts of terrorism, or other man-made disas-
ters nationally and in State, local, and tribal jurisdic-
tions.’’. 
(b) STATE PREPAREDNESS REPORT.—Section 652(c)(2)(D) of the 
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
752(c)(2)(D)) is amended by striking ‘‘an assessment of resource 
needs’’ and inserting ‘‘a discussion of the extent to which target 
capabilities identified in the applicable State homeland security 
plan and other applicable plans remain unmet and an assessment 
of resources needed’’. 
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121 STAT. 294 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended— 
(1) by redesignating title XVIII, as added by the SAFE 
Port Act (Public Law 109–347; 120 Stat. 1884), as title XIX; 
(2) by redesignating sections 1801 through 1806, as added 
by the SAFE Port Act (Public Law 109–347; 120 Stat. 1884), 
as sections 1901 through 1906, respectively; 
(3) in section 1904(a), as so redesignated, by striking ‘‘sec-
tion 1802’’ and inserting ‘‘section 1902’’; 
(4) in section 1906, as so redesignated, by striking ‘‘section 
1802(a)’’ each place that term appears and inserting ‘‘section 
1902(a)’’; and 
(5) in the table of contents in section 1(b), by striking 
the items relating to title XVIII and sections 1801 through 
1806, as added by the SAFE Port Act (Public Law 109–347; 
120 Stat. 1884), and inserting the following: 
‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE 
‘‘Sec. 1901. Domestic Nuclear Detection Office. 
‘‘Sec. 1902. Mission of Office. 
‘‘Sec. 1903. Hiring authority. 
‘‘Sec. 1904. Testing authority. 
‘‘Sec. 1905. Relationship to other Department entities and Federal agencies. 
‘‘Sec. 1906. Contracting and grant making authorities. 
‘‘TITLE XX—HOMELAND SECURITY GRANTS 
‘‘Sec. 2001. Definitions. 
‘‘Subtitle A—Grants to States and High-Risk Urban Areas 
‘‘Sec. 2002. Homeland Security Grant Programs. 
‘‘Sec. 2003. Urban Area Security Initiative. 
‘‘Sec. 2004. State Homeland Security Grant Program. 
‘‘Sec. 2005. Grants to directly eligible tribes. 
‘‘Sec. 2006. Terrorism prevention. 
‘‘Sec. 2007. Prioritization. 
‘‘Sec. 2008. Use of funds. 
‘‘Subtitle B—Grants Administration 
‘‘Sec. 2021. Administration and coordination. 
‘‘Sec. 2022. Accountability.’’. 
TITLE II—EMERGENCY MANAGEMENT 
PERFORMANCE GRANTS 
SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PRO-
GRAM. 
Section 662 of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 762) is amended to read as follows: 
‘‘SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PRO-
GRAM. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘program’ means the emergency management 
performance grants program described in subsection (b); and 
‘‘(2) the term ‘State’ has the meaning given that term 
in section 102 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5122). 
‘‘(b) IN GENERAL.—The Administrator of the Federal Emergency 
Management Agency shall continue implementation of an emer-
gency management performance grants program, to make grants 
6 USC 596. 
6 USC 594. 
6 USC 591 et seq. 
6 USC 591. 
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121 STAT. 295 
PUBLIC LAW 110–53—AUG. 3, 2007 
to States to assist State, local, and tribal governments in preparing 
for all hazards, as authorized by the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). 
‘‘(c) FEDERAL SHARE.—Except as otherwise specifically provided 
by title VI of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the 
cost of an activity carried out using funds made available under 
the program shall not exceed 50 percent. 
‘‘(d) APPORTIONMENT.—For fiscal year 2008, and each fiscal 
year thereafter, the Administrator shall apportion the amounts 
appropriated to carry out the program among the States as follows: 
‘‘(1) BASELINE
AMOUNT.—The Administrator shall first 
apportion 0.25 percent of such amounts to each of American 
Samoa, the Commonwealth of the Northern Mariana Islands, 
Guam, and the Virgin Islands and 0.75 percent of such amounts 
to each of the remaining States. 
‘‘(2) REMAINDER.—The Administrator shall apportion the 
remainder of such amounts in the ratio that— 
‘‘(A) the population of each State; bears to 
‘‘(B) the population of all States. 
‘‘(e) CONSISTENCY IN ALLOCATION.—Notwithstanding subsection 
(d), in any fiscal year before fiscal year 2013 in which the appropria-
tion for grants under this section is equal to or greater than the 
appropriation for emergency management performance grants in 
fiscal year 2007, no State shall receive an amount under this 
section for that fiscal year less than the amount that State received 
in fiscal year 2007. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out the program— 
‘‘(1) for fiscal year 2008, $400,000,000; 
‘‘(2) for fiscal year 2009, $535,000,000; 
‘‘(3) for fiscal year 2010, $680,000,000; 
‘‘(4) for fiscal year 2011, $815,000,000; and 
‘‘(5) for fiscal year 2012, $950,000,000.’’. 
SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 
CENTERS. 
Section 614 of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5196c) is amended to read as 
follows: 
‘‘SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS 
CENTERS. 
‘‘(a) GRANTS.—The Administrator of the Federal Emergency 
Management Agency may make grants to States under this title 
for equipping, upgrading, and constructing State and local emer-
gency operations centers. 
‘‘(b) FEDERAL SHARE.—Notwithstanding any other provision of 
this title, the Federal share of the cost of an activity carried out 
using amounts from grants made under this section shall not exceed 
75 percent.’’. 
Territories. 
States. 
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121 STAT. 296 
PUBLIC LAW 110–53—AUG. 3, 2007 
TITLE 
III—ENSURING 
COMMUNICA-
TIONS INTEROPERABILITY FOR FIRST 
RESPONDERS 
SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT 
PROGRAM. 
(a) ESTABLISHMENT.—Title XVIII of the Homeland Security Act 
of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT 
PROGRAM. 
‘‘(a) ESTABLISHMENT.—The Secretary shall establish the Inter-
operable Emergency Communications Grant Program to make 
grants to States to carry out initiatives to improve local, tribal, 
statewide, regional, national and, where appropriate, international 
interoperable emergency communications, including communica-
tions in collective response to natural disasters, acts of terrorism, 
and other man-made disasters. 
‘‘(b) POLICY.—The Director for Emergency Communications 
shall ensure that a grant awarded to a State under this section 
is consistent with the policies established pursuant to the respon-
sibilities and authorities of the Office of Emergency Communica-
tions under this title, including ensuring that activities funded 
by the grant— 
‘‘(1) comply with the statewide plan for that State required 
by section 7303(f) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 194(f)); and 
‘‘(2) comply with the National Emergency Communications 
Plan under section 1802, when completed. 
‘‘(c) ADMINISTRATION.— 
‘‘(1) IN GENERAL.—The Administrator of the Federal Emer-
gency Management Agency shall administer the Interoperable 
Emergency Communications Grant Program pursuant to the 
responsibilities and authorities of the Administrator under title 
V of the Act. 
‘‘(2) GUIDANCE.—In administering the grant program, the 
Administrator shall ensure that the use of grants is consistent 
with guidance established by the Director of Emergency 
Communications pursuant to section 7303(a)(1)(H) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
194(a)(1)(H)). 
‘‘(d) USE OF FUNDS.—A State that receives a grant under this 
section shall use the grant to implement that State’s Statewide 
Interoperability Plan required under section 7303(f) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
194(f)) and approved under subsection (e), and to assist with activi-
ties determined by the Secretary to be integral to interoperable 
emergency communications. 
‘‘(e) APPROVAL OF PLANS.— 
‘‘(1) APPROVAL AS CONDITION OF GRANT.—Before a State 
may receive a grant under this section, the Director of Emer-
gency Communications shall approve the State’s Statewide 
Interoperable Communications Plan required under section 
6 USC 579. 
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121 STAT. 297 
PUBLIC LAW 110–53—AUG. 3, 2007 
7303(f) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 194(f)). 
‘‘(2) PLAN REQUIREMENTS.—In approving a plan under this 
subsection, the Director of Emergency Communications shall 
ensure that the plan— 
‘‘(A) is designed to improve interoperability at the city, 
county, regional, State and interstate level; 
‘‘(B) considers any applicable local or regional plan; 
and 
‘‘(C) complies, to the maximum extent practicable, with 
the National Emergency Communications Plan under sec-
tion 1802. 
‘‘(3) APPROVAL OF REVISIONS.—The Director of Emergency 
Communications may approve revisions to a State’s plan if 
the Director determines that doing so is likely to further inter-
operability. 
‘‘(f) LIMITATIONS ON USES OF FUNDS.— 
‘‘(1) IN GENERAL.—The recipient of a grant under this sec-
tion may not use the grant— 
‘‘(A) to supplant State or local funds; 
‘‘(B) for any State or local government cost-sharing 
contribution; or 
‘‘(C) for recreational or social purposes. 
‘‘(2) PENALTIES.—In addition to other remedies currently 
available, the Secretary may take such actions as necessary 
to ensure that recipients of grant funds are using the funds 
for the purpose for which they were intended. 
‘‘(g) LIMITATIONS ON AWARD OF GRANTS.— 
‘‘(1) 
NATIONAL
EMERGENCY
COMMUNICATIONS
PLAN 
REQUIRED.—The Secretary may not award a grant under this 
section before the date on which the Secretary completes and 
submits to Congress the National Emergency Communications 
Plan required under section 1802. 
‘‘(2) VOLUNTARY
CONSENSUS
STANDARDS.—The Secretary 
may not award a grant to a State under this section for the 
purchase of equipment that does not meet applicable voluntary 
consensus standards, unless the State demonstrates that there 
are compelling reasons for such purchase. 
‘‘(h) AWARD
OF
GRANTS.—In approving applications and 
awarding grants under this section, the Secretary shall consider— 
‘‘(1) the risk posed to each State by natural disasters, 
acts of terrorism, or other manmade disasters, including— 
‘‘(A) the likely need of a jurisdiction within the State 
to respond to such risk in nearby jurisdictions; 
‘‘(B) the degree of threat, vulnerability, and con-
sequences related to critical infrastructure (from all critical 
infrastructure sectors) or key resources identified by the 
Administrator or the State homeland security and emer-
gency 
management 
plans, 
including 
threats 
to, 
vulnerabilities of, and consequences from damage to critical 
infrastructure and key resources in nearby jurisdictions; 
‘‘(C) the size of the population and density of the popu-
lation of the State, including appropriate consideration of 
military, tourist, and commuter populations; 
‘‘(D) whether the State is on or near an international 
border; 
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121 STAT. 298 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(E) whether the State encompasses an economically 
significant border crossing; and 
‘‘(F) whether the State has a coastline bordering an 
ocean, a major waterway used for interstate commerce, 
or international waters; and 
‘‘(2) the anticipated effectiveness of the State’s proposed 
use of grant funds to improve interoperability. 
‘‘(i) OPPORTUNITY
TO AMEND APPLICATIONS.—In considering 
applications for grants under this section, the Administrator shall 
provide applicants with a reasonable opportunity to correct defects 
in the application, if any, before making final awards. 
‘‘(j) MINIMUM GRANT AMOUNTS.— 
‘‘(1) STATES.—In awarding grants under this section, the 
Secretary shall ensure that for each fiscal year, except as 
provided in paragraph (2), no State receives a grant in an 
amount that is less than the following percentage of the total 
amount appropriated for grants under this section for that 
fiscal year: 
‘‘(A) For fiscal year 2008, 0.50 percent. 
‘‘(B) For fiscal year 2009, 0.50 percent. 
‘‘(C) For fiscal year 2010, 0.45 percent. 
‘‘(D) For fiscal year 2011, 0.40 percent. 
‘‘(E) For fiscal year 2012 and each subsequent fiscal 
year, 0.35 percent. 
‘‘(2) TERRITORIES AND POSSESSIONS.—In awarding grants 
under this section, the Secretary shall ensure that for each 
fiscal year, American Samoa, the Commonwealth of the 
Northern Mariana Islands, Guam, and the Virgin Islands each 
receive grants in amounts that are not less than 0.08 percent 
of the total amount appropriated for grants under this section 
for that fiscal year. 
‘‘(k) CERTIFICATION.—Each State that receives a grant under 
this section shall certify that the grant is used for the purpose 
for which the funds were intended and in compliance with the 
State’s approved Statewide Interoperable Communications Plan. 
‘‘(l) STATE RESPONSIBILITIES.— 
‘‘(1) AVAILABILITY OF FUNDS TO LOCAL AND TRIBAL GOVERN-
MENTS.—Not later than 45 days after receiving grant funds, 
any State that receives a grant under this section shall obligate 
or otherwise make available to local and tribal governments— 
‘‘(A) not less than 80 percent of the grant funds; 
‘‘(B) with the consent of local and tribal governments, 
eligible expenditures having a value of not less than 80 
percent of the amount of the grant; or 
‘‘(C) grant funds combined with other eligible expendi-
tures having a total value of not less than 80 percent 
of the amount of the grant. 
‘‘(2) ALLOCATION OF FUNDS.—A State that receives a grant 
under this section shall allocate grant funds to tribal govern-
ments in the State to assist tribal communities in improving 
interoperable communications, in a manner consistent with 
the Statewide Interoperable Communications Plan. A State 
may not impose unreasonable or unduly burdensome require-
ments on a tribal government as a condition of providing grant 
funds or resources to the tribal government. 
‘‘(3) PENALTIES.—If a State violates the requirements of 
this subsection, in addition to other remedies available to the 
Deadline. 
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121 STAT. 299 
PUBLIC LAW 110–53—AUG. 3, 2007 
Secretary, the Secretary may terminate or reduce the amount 
of the grant awarded to that State or transfer grant funds 
previously awarded to the State directly to the appropriate 
local or tribal government. 
‘‘(m) REPORTS.— 
‘‘(1) ANNUAL REPORTS BY STATE GRANT RECIPIENTS.—A State 
that receives a grant under this section shall annually submit 
to the Director of Emergency Communications a report on 
the progress of the State in implementing that State’s Statewide 
Interoperable Communications Plans required under section 
7303(f) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 194(f)) and achieving interoperability 
at the city, county, regional, State, and interstate levels. The 
Director shall make the reports publicly available, including 
by making them available on the Internet website of the Office 
of Emergency Communications, subject to any redactions that 
the Director determines are necessary to protect classified or 
other sensitive information. 
‘‘(2) ANNUAL REPORTS TO CONGRESS.—At least once each 
year, the Director of Emergency Communications shall submit 
to Congress a report on the use of grants awarded under 
this section and any progress in implementing Statewide Inter-
operable Communications Plans and improving interoperability 
at the city, county, regional, State, and interstate level, as 
a result of the award of such grants. 
‘‘(n) RULE OF CONSTRUCTION.—Nothing in this section shall 
be construed or interpreted to preclude a State from using a grant 
awarded under this section for interim or long-term Internet Pro-
tocol-based interoperable solutions. 
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated for grants under this section— 
‘‘(1) for fiscal year 2008, such sums as may be necessary; 
‘‘(2) for each of fiscal years 2009 through 2012, 
$400,000,000; and 
‘‘(3) for each subsequent fiscal year, such sums as may 
be necessary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
l(b) of such Act is amended by inserting after the item relating 
to section 1808 the following: 
‘‘Sec. 1809. Interoperable Emergency Communications Grant Program.’’. 
(c) INTEROPERABLE COMMUNICATIONS PLANS.—Section 7303 of 
the Intelligence Reform and Terrorist Prevention Act of 2004 (6 
U.S.C. 194) is amended— 
(1) in subsection (f)— 
(A) in paragraph (4), by striking ‘‘and’’ at the end; 
(B) in paragraph (5), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(6) include information on the governance structure used 
to develop the plan, including such information about all agen-
cies and organizations that participated in developing the plan 
and the scope and timeframe of the plan; and 
‘‘(7) describe the method by which multi-jurisdictional, 
multidisciplinary input is provided from all regions of the juris-
diction, including any high-threat urban areas located in the 
Public 
information. 
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121 STAT. 300 
PUBLIC LAW 110–53—AUG. 3, 2007 
jurisdiction, and the process for continuing to incorporate such 
input.’’; 
(2) in subsection (g)(1), by striking ‘‘or video’’ and inserting 
‘‘and video’’. 
(d) NATIONAL EMERGENCY COMMUNICATIONS PLAN.—Section 
1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) 
is amended— 
(1) in paragraph (8), by striking ‘‘and’’ at the end; 
(2) in paragraph (9), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(10) set a date, including interim benchmarks, as appro-
priate, by which State, local, and tribal governments, Federal 
departments and agencies, and emergency response providers 
expect to achieve a baseline level of national interoperable 
communications, as that term is defined under section 
7303(g)(1) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 194(g)(1)).’’. 
SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT. 
(a) IN GENERAL.—Title XVIII of the Homeland Security Act 
of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT. 
‘‘(a) IN GENERAL.— 
‘‘(1) ESTABLISHMENT.—The Secretary, acting through the 
Director of the Office of Emergency Communications (referred 
to in this section as the ‘Director’), and in coordination with 
the Federal Communications Commission and the Secretary 
of Commerce, shall establish an International Border Commu-
nity Interoperable Communications Demonstration Project 
(referred to in this section as the ‘demonstration project’). 
‘‘(2) MINIMUM
NUMBER
OF
COMMUNITIES.—The Director 
shall select no fewer than 6 communities to participate in 
a demonstration project. 
‘‘(3) LOCATION OF COMMUNITIES.—No fewer than 3 of the 
communities selected under paragraph (2) shall be located on 
the northern border of the United States and no fewer than 
3 of the communities selected under paragraph (2) shall be 
located on the southern border of the United States. 
‘‘(b) CONDITIONS.—The Director, in coordination with the Fed-
eral Communications Commission and the Secretary of Commerce, 
shall ensure that the project is carried out as soon as adequate 
spectrum is available as a result of the 800 megahertz rebanding 
process in border areas, and shall ensure that the border projects 
do not impair or impede the rebanding process, but under no 
circumstances shall funds be distributed under this section unless 
the Federal Communications Commission and the Secretary of Com-
merce agree that these conditions have been met. 
‘‘(c) PROGRAM REQUIREMENTS.—Consistent with the responsibil-
ities of the Office of Emergency Communications under section 
1801, the Director shall foster local, tribal, State, and Federal 
interoperable emergency communications, as well as interoperable 
emergency communications with appropriate Canadian and Mexi-
can authorities in the communities selected for the demonstration 
project. The Director shall— 
Canada. 
Mexico. 
6 USC 580. 
6 USC 572. 
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121 STAT. 301 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(1) identify solutions to facilitate interoperable commu-
nications across national borders expeditiously; 
‘‘(2) help ensure that emergency response providers can 
communicate with each other in the event of natural disasters, 
acts of terrorism, and other man-made disasters; 
‘‘(3) provide technical assistance to enable emergency 
response providers to deal with threats and contingencies in 
a variety of environments; 
‘‘(4) identify appropriate joint-use equipment to ensure 
communications access; 
‘‘(5) identify solutions to facilitate communications between 
emergency response providers in communities of differing popu-
lation densities; and 
‘‘(6) take other actions or provide equipment as the Director 
deems appropriate to foster interoperable emergency commu-
nications. 
‘‘(d) DISTRIBUTION OF FUNDS.— 
‘‘(1) IN
GENERAL.—The Secretary shall distribute funds 
under this section to each community participating in the dem-
onstration project through the State, or States, in which each 
community is located. 
‘‘(2) OTHER PARTICIPANTS.—A State shall make the funds 
available promptly to the local and tribal governments and 
emergency response providers selected by the Secretary to 
participate in the demonstration project. 
‘‘(3) REPORT.—Not later than 90 days after a State receives 
funds under this subsection the State shall report to the 
Director on the status of the distribution of such funds to 
local and tribal governments. 
‘‘(e) MAXIMUM PERIOD OF GRANTS.—The Director may not fund 
any participant under the demonstration project for more than 
3 years. 
‘‘(f) TRANSFER OF INFORMATION AND KNOWLEDGE.—The Director 
shall establish mechanisms to ensure that the information and 
knowledge gained by participants in the demonstration project are 
transferred among the participants and to other interested parties, 
including other communities that submitted applications to the 
participant in the project. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated for grants under this section such sums as 
may be necessary.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of that Act is amended by inserting after the item relating 
to section 1809 the following: 
‘‘Sec. 1810. Border interoperability demonstration project.’’. 
TITLE IV—STRENGTHENING USE OF 
THE INCIDENT COMMAND SYSTEM 
SEC. 401. DEFINITIONS. 
(a) IN GENERAL.—Section 501 of the Homeland Security Act 
of 2002 (6 U.S.C. 311) is amended— 
(1) by redesignating paragraphs (10) and (11) as paragraphs 
(12) and (13), respectively; 
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121 STAT. 302 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) by redesignating paragraphs (4) through (9) as para-
graphs (5) through (10), respectively; 
(3) by inserting after paragraph (3) the following: 
‘‘(4) the terms ‘credentialed’ and ‘credentialing’ mean 
having provided, or providing, respectively, documentation that 
identifies personnel and authenticates and verifies the quali-
fications of such personnel by ensuring that such personnel 
possess a minimum common level of training, experience, phys-
ical and medical fitness, and capability appropriate for a par-
ticular position in accordance with standards created under 
section 510;’’; 
(4) by inserting after paragraph (10), as so redesignated, 
the following: 
‘‘(11) the term ‘resources’ means personnel and major items 
of equipment, supplies, and facilities available or potentially 
available for responding to a natural disaster, act of terrorism, 
or other man-made disaster;’’; 
(5) in paragraph (12), as so redesignated, by striking ‘‘and’’ 
at the end; 
(6) in paragraph (13), as so redesignated, by striking the 
period at the end and inserting ‘‘; and’’; and 
(7) by adding at the end the following: 
‘‘(14) the terms ‘typed’ and ‘typing’ mean having evaluated, 
or evaluating, respectively, a resource in accordance with stand-
ards created under section 510.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 641 
of the Post-Katrina Emergency Management Reform Act of 2006 
(6 U.S.C. 741) is amended— 
(1) by redesignating paragraphs (2) through (10) as para-
graphs (3) through (11), respectively; 
(2) by inserting after paragraph (1) the following: 
‘‘(2) 
CREDENTIALED; 
CREDENTIALING.—The 
terms 
‘credentialed’ and ‘credentialing’ have the meanings given those 
terms in section 501 of the Homeland Security Act of 2002 
(6 U.S.C. 311).’’; and 
(3) by adding at the end the following: 
‘‘(12) RESOURCES.—The term ‘resources’ has the meaning 
given that term in section 501 of the Homeland Security Act 
of 2002 (6 U.S.C. 311). 
‘‘(13) TYPE.—The term ‘type’ means a classification of 
resources that refers to the capability of a resource. 
‘‘(14) TYPED; TYPING.—The terms ‘typed’ and ‘typing’ have 
the meanings given those terms in section 501 of the Homeland 
Security Act of 2002 (6 U.S.C. 311).’’. 
SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN. 
Section 648(b)(2)(A) of the Post-Katrina Emergency Manage-
ment Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by 
striking clauses (iv) and (v) and inserting the following: 
‘‘(iv) designed to provide for the systematic evalua-
tion of readiness and enhance operational under-
standing of the incident command system and relevant 
mutual aid agreements; 
‘‘(v) designed to address the unique requirements 
of populations with special needs, including the elderly; 
and 
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121 STAT. 303 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(vi) designed to promptly develop after-action 
reports and plans for quickly incorporating lessons 
learned into future operations; and’’. 
SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES. 
Section 648(b)(2)(B) of the Post-Katrina Emergency Manage-
ment Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by 
striking ‘‘shall provide’’ and all that follows through ‘‘of exercises’’ 
and inserting the following: ‘‘shall include a selection of model 
exercises that State, local, and tribal governments can readily adapt 
for use and provide assistance to State, local, and tribal govern-
ments with the design, implementation, and evaluation of exercises 
(whether a model exercise program or an exercise designed locally)’’. 
SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL 
FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRI-
VATE SECTOR PREPAREDNESS. 
Section 507(c)(2) of the Homeland Security Act of 2002 (6 
U.S.C. 317(c)(2)) is amended— 
(1) in subparagraph (H) by striking ‘‘and’’ at the end; 
(2) by redesignating subparagraph (I) as subparagraph (K); 
and 
(3) by inserting after subparagraph (H) the following: 
‘‘(I) coordinating with the private sector to help ensure 
private sector preparedness for natural disasters, acts of 
terrorism, and other man-made disasters; 
‘‘(J) assisting State, local, and tribal governments, 
where appropriate, to preidentify and evaluate suitable 
sites where a multijurisdictional incident command system 
may quickly be established and operated from, if the need 
for such a system arises; and’’. 
SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY. 
Section 651 of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 751) is amended— 
(1) in subsection (b)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘The inventory’’ and inserting ‘‘For each Federal agency 
with responsibilities under the National Response Plan, 
the inventory’’; 
(B) in paragraph (1), by striking ‘‘and’’ at the end; 
(C) by redesignating paragraph (2) as paragraph (4); 
and 
(D) by inserting after paragraph (1) the following: 
‘‘(2) a list of personnel credentialed in accordance with 
section 510 of the Homeland Security Act of 2002 (6 U.S.C. 
320); 
‘‘(3) a list of resources typed in accordance with section 
510 of the Homeland Security Act of 2002 (6 U.S.C. 320); 
and’’; and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘capabilities, readi-
ness’’ and all that follows and inserting the following: ‘‘— 
‘‘(A) capabilities; 
‘‘(B) readiness; 
‘‘(C) the compatibility of equipment; 
‘‘(D) credentialed personnel; and 
‘‘(E) typed resources;’’; 
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121 STAT. 304 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) in paragraph (2), by inserting ‘‘of capabilities, 
credentialed personnel, and typed resources’’ after ‘‘rapid 
deployment’’; and 
(C) in paragraph (3), by striking ‘‘inventories’’ and 
inserting ‘‘the inventory described in subsection (a)’’. 
SEC. 406. REPORTING REQUIREMENTS. 
Section 652(a)(2) of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 
103, is further amended— 
(1) in subparagraph (C), by striking ‘‘section 651(a);’’ and 
inserting ‘‘section 651, including the number and type of 
credentialed personnel in each category of personnel trained 
and ready to respond to a natural disaster, act of terrorism, 
or other man-made disaster;’’; 
(2) in subparagraph (D), by striking ‘‘and’’ at the end; 
(3) in subparagraph (E), by striking the period at the 
end and inserting ‘‘; and’’; and 
(4) by adding at the end the following: 
‘‘(F) a discussion of whether the list of credentialed 
personnel of the Agency described in section 651(b)(2)— 
‘‘(i) complies with the strategic human capital plan 
developed under section 10102 of title 5, United States 
Code; and 
‘‘(ii) is sufficient to respond to a natural disaster, 
act of terrorism, or other man-made disaster, including 
a catastrophic incident.’’. 
SEC. 407. FEDERAL PREPAREDNESS. 
Section 653 of the Post-Katrina Emergency Management 
Reform Act of 2006 (6 U.S.C. 753) is amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), by striking 
‘‘coordinating, primary, or supporting’’; 
(B) in paragraph (2), by inserting ‘‘, including 
credentialing of personnel and typing of resources likely 
needed to respond to a natural disaster, act of terrorism, 
or other man-made disaster in accordance with section 
510 of the Homeland Security Act of 2002 (6 U.S.C. 320)’’ 
before the semicolon at the end; 
(C) in paragraph (3), by striking ‘‘and’’ at the end; 
(D) in paragraph (4), by striking the period at the 
end and inserting ‘‘; and’’; and 
(E) by adding at the end the following: 
‘‘(5) regularly updates, verifies the accuracy of, and provides 
to the Administrator the information in the inventory required 
under section 651.’’; and 
(2) in subsection (d)— 
(A) by inserting ‘‘to the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security and the Committee on 
Transportation and Infrastructure of the House of Rep-
resentatives’’ after ‘‘The President shall certify’’; and 
(B) by striking ‘‘coordinating, primary, or supporting’’. 
SEC. 408. CREDENTIALING AND TYPING. 
Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 
320) is amended— 
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121 STAT. 305 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) by striking ‘‘The Administrator’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—The Administrator’’; 
(2) in subsection (a), as so designated, by striking 
‘‘credentialing of personnel and typing of’’ and inserting ‘‘for 
credentialing and typing of incident management personnel, 
emergency response providers, and other personnel (including 
temporary personnel) and’’; and 
(3) by adding at the end the following: 
‘‘(b) DISTRIBUTION.— 
‘‘(1) IN GENERAL.—Not later than 1 year after the date 
of enactment of the Implementing Recommendations of the 
9/11 Commission Act of 2007, the Administrator shall provide 
the standards developed under subsection (a), including detailed 
written guidance, to— 
‘‘(A) each Federal agency that has responsibilities 
under the National Response Plan to aid that agency with 
credentialing and typing incident management personnel, 
emergency 
response 
providers, 
and 
other 
personnel 
(including temporary personnel) and resources likely 
needed to respond to a natural disaster, act of terrorism, 
or other man-made disaster; and 
‘‘(B) State, local, and tribal governments, to aid such 
governments with credentialing and typing of State, local, 
and tribal incident management personnel, emergency 
response providers, and other personnel (including tem-
porary personnel) and resources likely needed to respond 
to a natural disaster, act of terrorism, or other man-made 
disaster. 
‘‘(2) ASSISTANCE.—The Administrator shall provide exper-
tise and technical assistance to aid Federal, State, local, and 
tribal government agencies with credentialing and typing 
incident management personnel, emergency response providers, 
and other personnel (including temporary personnel) and 
resources likely needed to respond to a natural disaster, act 
of terrorism, or other man-made disaster. 
‘‘(c) CREDENTIALING
AND TYPING
OF PERSONNEL.—Not later 
than 6 months after receiving the standards provided under sub-
section (b), each Federal agency with responsibilities under the 
National Response Plan shall ensure that incident management 
personnel, emergency response providers, and other personnel 
(including temporary personnel) and resources likely needed to 
respond to a natural disaster, act of terrorism, or other manmade 
disaster are credentialed and typed in accordance with this section. 
‘‘(d) CONSULTATION ON HEALTH CARE STANDARDS.—In devel-
oping standards for credentialing health care professionals under 
this section, the Administrator shall consult with the Secretary 
of Health and Human Services.’’. 
SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRA-
STRUCTURE WORKERS. 
(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: 
Deadline. 
Deadline. 
Guidance. 
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121 STAT. 306 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRA-
STRUCTURE WORKERS. 
‘‘(a) IN GENERAL.—Not later than 12 months after the date 
of enactment of the Implementing Recommendations of the 9/11 
Commission Act of 2007, and in coordination with appropriate 
national professional organizations, Federal, State, local, and tribal 
government agencies, and private-sector and nongovernmental enti-
ties, the Administrator shall establish model standards and guide-
lines for credentialing critical infrastructure workers that may be 
used by a State to credential critical infrastructure workers that 
may respond to a natural disaster, act of terrorism, or other man- 
made disaster. 
‘‘(b) DISTRIBUTION AND ASSISTANCE.—The Administrator shall 
provide the standards developed under subsection (a), including 
detailed written guidance, to State, local, and tribal governments, 
and provide expertise and technical assistance to aid such govern-
ments with credentialing critical infrastructure workers that may 
respond to a natural disaster, act of terrorism, or other manmade 
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 521 the following: 
‘‘Sec. 522. Model standards and guidelines for critical infrastructure workers.’’. 
SEC. 410. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as necessary 
to carry out this title and the amendments made by this title. 
TITLE 
V—IMPROVING 
INTELLIGENCE 
AND INFORMATION SHARING WITHIN 
THE 
FEDERAL 
GOVERNMENT 
AND 
WITH STATE, LOCAL, AND TRIBAL 
GOVERNMENTS 
Subtitle A—Homeland Security 
Information Sharing Enhancement 
SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION 
SHARING. 
(a) ADVISORY SYSTEM AND INFORMATION SHARING.— 
(1) IN GENERAL.—Subtitle A of title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM. 
‘‘(a) REQUIREMENT.—The Secretary shall administer the Home-
land Security Advisory System in accordance with this section to 
provide advisories or warnings regarding the threat or risk that 
acts of terrorism will be committed on the homeland to Federal, 
State, local, and tribal government authorities and to the people 
of the United States, as appropriate. The Secretary shall exercise 
primary responsibility for providing such advisories or warnings. 
6 USC 124. 
Deadline. 
6 USC 321k. 
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121 STAT. 307 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(b) REQUIRED ELEMENTS.—In administering the Homeland 
Security Advisory System, the Secretary shall— 
‘‘(1) establish criteria for the issuance and revocation of 
such advisories or warnings; 
‘‘(2) develop a methodology, relying on the criteria estab-
lished under paragraph (1), for the issuance and revocation 
of such advisories or warnings; 
‘‘(3) provide, in each such advisory or warning, specific 
information and advice regarding appropriate protective meas-
ures and countermeasures that may be taken in response to 
the threat or risk, at the maximum level of detail practicable 
to enable individuals, government entities, emergency response 
providers, and the private sector to act appropriately; 
‘‘(4) whenever possible, limit the scope of each such advisory 
or warning to a specific region, locality, or economic sector 
believed to be under threat or at risk; and 
‘‘(5) not, in issuing any advisory or warning, use color 
designations as the exclusive means of specifying homeland 
security threat conditions that are the subject of the advisory 
or warning. 
‘‘SEC. 204. HOMELAND SECURITY INFORMATION SHARING. 
‘‘(a) INFORMATION SHARING.—Consistent with section 1016 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485), the Secretary, acting through the Under Secretary 
for Intelligence and Analysis, shall integrate the information and 
standardize the format of the products of the intelligence compo-
nents of the Department containing homeland security information, 
terrorism information, weapons of mass destruction information, 
or national intelligence (as defined in section 3(5) of the National 
Security Act of 1947 (50 U.S.C. 401a(5))) except for any internal 
security protocols or personnel information of such intelligence 
components, or other administrative processes that are adminis-
tered by any chief security officer of the Department. 
‘‘(b) INFORMATION SHARING
AND KNOWLEDGE MANAGEMENT 
OFFICERS.—For each intelligence component of the Department, 
the Secretary shall designate an information sharing and knowledge 
management officer who shall report to the Under Secretary for 
Intelligence and Analysis regarding coordinating the different sys-
tems used in the Department to gather and disseminate homeland 
security information or national intelligence (as defined in section 
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))). 
‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMA-
TION.— 
‘‘(1) ESTABLISHMENT
OF
BUSINESS
PROCESSES.—The Sec-
retary, acting through the Under Secretary for Intelligence 
and Analysis or the Assistant Secretary for Infrastructure 
Protection, as appropriate, shall— 
‘‘(A) establish Department-wide procedures for the 
review and analysis of information provided by State, local, 
and tribal governments and the private sector; 
‘‘(B) as appropriate, integrate such information into 
the information gathered by the Department and other 
departments and agencies of the Federal Government; and 
‘‘(C) make available such information, as appropriate, 
within the Department and to other departments and agen-
cies of the Federal Government. 
Procedures. 
6 USC 124a. 
Criteria. 
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121 STAT. 308 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(2) FEEDBACK.—The Secretary shall develop mechanisms 
to provide feedback regarding the analysis and utility of 
information provided by any entity of State, local, or tribal 
government or the private sector that provides such information 
to the Department. 
‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.— 
‘‘(1) TRAINING.—The Secretary, acting through the Under 
Secretary for Intelligence and Analysis or the Assistant Sec-
retary for Infrastructure Protection, as appropriate, shall pro-
vide to employees of the Department opportunities for training 
and education to develop an understanding of— 
‘‘(A) the definitions of homeland security information 
and national intelligence (as defined in section 3(5) of the 
National Security Act of 1947 (50 U.S.C. 401a(5))); and 
‘‘(B) how information available to such employees as 
part of their duties— 
‘‘(i) might qualify as homeland security information 
or national intelligence; and 
‘‘(ii) might be relevant to the Office of Intelligence 
and Analysis and the intelligence components of the 
Department. 
‘‘(2) EVALUATIONS.—The Under Secretary for Intelligence 
and Analysis shall— 
‘‘(A) on an ongoing basis, evaluate how employees of 
the Office of Intelligence and Analysis and the intelligence 
components of the Department are utilizing homeland secu-
rity information or national intelligence, sharing informa-
tion within the Department, as described in this title, and 
participating in the information sharing environment estab-
lished under section 1016 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485); and 
‘‘(B) provide to the appropriate component heads reg-
ular reports regarding the evaluations under subparagraph 
(A). 
‘‘SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK 
ARCHITECTURE. 
‘‘(a) ESTABLISHMENT.—The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall establish, consistent 
with the policies and procedures developed under section 1016 
of the Intelligence Reform and Terrorism Prevention Act of 2004 
(6 U.S.C. 485), and consistent with the enterprise architecture 
of the Department, a comprehensive information technology net-
work architecture for the Office of Intelligence and Analysis that 
connects the various databases and related information technology 
assets of the Office of Intelligence and Analysis and the intelligence 
components of the Department in order to promote internal informa-
tion sharing among the intelligence and other personnel of the 
Department. 
‘‘(b) COMPREHENSIVE
INFORMATION
TECHNOLOGY
NETWORK 
ARCHITECTURE DEFINED.—The term ‘comprehensive information 
technology network architecture’ means an integrated framework 
for evolving or maintaining existing information technology and 
acquiring new information technology to achieve the strategic 
management and information resources management goals of the 
Office of Intelligence and Analysis. 
6 USC 124b. 
Reports. 
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121 STAT. 309 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRON-
MENT. 
‘‘(a) GUIDANCE.—All activities to comply with sections 203, 204, 
and 205 shall be— 
‘‘(1) consistent with any policies, guidelines, procedures, 
instructions, or standards established under section 1016 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 
(6 U.S.C. 485); 
‘‘(2) implemented in coordination with, as appropriate, the 
program manager for the information sharing environment 
established under that section; 
‘‘(3) consistent with any applicable guidance issued by the 
Director of National Intelligence; and 
‘‘(4) consistent with any applicable guidance issued by the 
Secretary relating to the protection of law enforcement informa-
tion or proprietary information. 
‘‘(b) CONSULTATION.—In carrying out the duties and responsibil-
ities under this subtitle, the Under Secretary for Intelligence and 
Analysis shall take into account the views of the heads of the 
intelligence components of the Department.’’. 
(2) TECHNICAL AND CONFORMING AMENDMENTS.— 
(A) IN GENERAL.—Section 201(d) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 121(d)) is amended— 
(i) by striking paragraph (7); and 
(ii) by redesignating paragraphs (8) through (19) 
as paragraphs (7) through (18), respectively. 
(B) TABLE OF CONTENTS.—The table of contents in sec-
tion 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 202 the following: 
‘‘Sec. 203. Homeland Security Advisory System. 
‘‘Sec. 204. Homeland security information sharing. 
‘‘Sec. 205. Comprehensive information technology network architecture. 
‘‘Sec. 206. Coordination with information sharing environment.’’. 
(b) OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF 
INFRASTRUCTURE PROTECTION.—Section 201(d) of the Homeland 
Security Act of 2002 (6 U.S.C. 121(d)) is amended— 
(1) in paragraph (1), by inserting ‘‘, in support of the 
mission responsibilities of the Department and the functions 
of the National Counterterrorism Center established under sec-
tion 119 of the National Security Act of 1947 (50 U.S.C. 404o),’’ 
after ‘‘and to integrate such information’’; and 
(2) by striking paragraph (7), as redesignated by subsection 
(a)(2)(A)(ii) of this section, and inserting the following: 
‘‘(7) To review, analyze, and make recommendations for 
improvements to the policies and procedures governing the 
sharing of information within the scope of the information 
sharing environment established under section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485), including homeland security information, terrorism 
information, and weapons of mass destruction information, and 
any policies, guidelines, procedures, instructions, or standards 
established under that section.’’. 
(c) REPORT
ON COMPREHENSIVE INFORMATION TECHNOLOGY 
NETWORK ARCHITECTURE.—Not later than 120 days after the date 
of enactment of this Act, the Secretary of Homeland Security shall 
submit to the Committee on Homeland Security and Governmental 
6 USC 124c. 
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121 STAT. 310 
PUBLIC LAW 110–53—AUG. 3, 2007 
Affairs of the Senate and the Committee on Homeland Security 
of the House of Representatives a report on the progress of the 
Secretary in developing the comprehensive information technology 
network architecture required under section 205 of the Homeland 
Security Act of 2002, as added by subsection (a). The report shall 
include— 
(1) a description of the priorities for the development of 
the comprehensive information technology network architecture 
and a rationale for such priorities; 
(2) an explanation of how the various components of the 
comprehensive information technology network architecture 
will work together and interconnect; 
(3) a description of the technological challenges that the 
Secretary expects the Office of Intelligence and Analysis will 
face in implementing the comprehensive information technology 
network architecture; 
(4) a description of the technological options that are avail-
able or are in development that may be incorporated into the 
comprehensive information technology network architecture, 
the feasibility of incorporating such options, and the advantages 
and disadvantages of doing so; 
(5) an explanation of any security protections to be devel-
oped as part of the comprehensive information technology net-
work architecture; 
(6) a description of safeguards for civil liberties and privacy 
to be built into the comprehensive information technology net-
work architecture; and 
(7) an operational best practices plan. 
SEC. 502. INTELLIGENCE COMPONENT DEFINED. 
(a) IN GENERAL.—Section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101) is amended— 
(1) by redesignating paragraphs (9) through (16) as para-
graphs (10) through (17), respectively; and 
(2) by inserting after paragraph (8) the following: 
‘‘(9) The term ‘intelligence component of the Department’ 
means any element or entity of the Department that collects, 
gathers, processes, analyzes, produces, or disseminates intel-
ligence information within the scope of the information sharing 
environment, including homeland security information, ter-
rorism information, and weapons of mass destruction informa-
tion, or national intelligence, as defined under section 3(5) 
of the National Security Act of 1947 (50 U.S.C. 401a(5)), 
except— 
‘‘(A) the United States Secret Service; and 
‘‘(B) the Coast Guard, when operating under the direct 
authority of the Secretary of Defense or Secretary of the 
Navy pursuant to section 3 of title 14, United States Code, 
except that nothing in this paragraph shall affect or 
diminish the authority and responsibilities of the Com-
mandant of the Coast Guard to command or control the 
Coast Guard as an armed force or the authority of the 
Director of National Intelligence with respect to the Coast 
Guard as an element of the intelligence community (as 
defined under section 3(4) of the National Security Act 
of 1947 (50 U.S.C. 401a(4)).’’. 
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121 STAT. 311 
PUBLIC LAW 110–53—AUG. 3, 2007 
(b) RECEIPT OF INFORMATION FROM UNITED STATES SECRET 
SERVICE.— 
(1) IN GENERAL.—The Under Secretary for Intelligence and 
Analysis shall receive from the United States Secret Service 
homeland security information, terrorism information, weapons 
of mass destruction information (as these terms are defined 
in Section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485)), or national intelligence, 
as defined in Section 3(5) of the National Security Act of 1947 
(50 U.S.C. 401a(5)), as well as suspect information obtained 
in criminal investigations. The United States Secret Service 
shall cooperate with the Under Secretary for Intelligence and 
Analysis with respect to activities under sections 204 and 205 
of the Homeland Security Act of 2002. 
(2) SAVINGS CLAUSE.—Nothing in this Act shall interfere 
with the operation of Section 3056(g) of Title 18, United States 
Code, or with the authority of the Secretary of Homeland Secu-
rity or the Director of the United States Secret Service 
regarding the budget of the United States Secret Service. 
(c) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) HOMELAND SECURITY ACT OF 2002.—Paragraph (13) of 
section 501 of the Homeland Security Act of 2002 (6 U.S.C. 
311), as redesignated by section 401, is amended by striking 
‘‘section 2(10)(B)’’ and inserting ‘‘section 2(11)(B)’’. 
(2) OTHER LAW.—Section 712(a) of title 14, United States 
Code, is amended by striking ‘‘section 2(15) of the Homeland 
Security Act of 2002 (6 U.S.C. 101(15))’’ and inserting ‘‘section 
2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))’’. 
SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND 
INFORMATION SHARING. 
(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 
Act of 2002 is further amended by adding at the end the following: 
‘‘SEC. 207. INTELLIGENCE COMPONENTS. 
‘‘Subject to the direction and control of the Secretary, and 
consistent with any applicable guidance issued by the Director 
of National Intelligence, the responsibilities of the head of each 
intelligence component of the Department are as follows: 
‘‘(1) To ensure that the collection, processing, analysis, 
and dissemination of information within the scope of the 
information sharing environment, including homeland security 
information, terrorism information, weapons of mass destruc-
tion information, and national intelligence (as defined in section 
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))), 
are carried out effectively and efficiently in support of the 
intelligence mission of the Department, as led by the Under 
Secretary for Intelligence and Analysis. 
‘‘(2) To otherwise support and implement the intelligence 
mission of the Department, as led by the Under Secretary 
for Intelligence and Analysis. 
‘‘(3) To incorporate the input of the Under Secretary for 
Intelligence 
and 
Analysis 
with 
respect 
to 
performance 
appraisals, bonus or award recommendations, pay adjustments, 
and other forms of commendation. 
‘‘(4) To coordinate with the Under Secretary for Intelligence 
and Analysis in developing policies and requirements for the 
6 USC 124d. 
6 USC 124a note. 
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121 STAT. 312 
PUBLIC LAW 110–53—AUG. 3, 2007 
recruitment and selection of intelligence officials of the intel-
ligence component. 
‘‘(5) To advise and coordinate with the Under Secretary 
for Intelligence and Analysis on any plan to reorganize or 
restructure the intelligence component that would, if imple-
mented, result in realignments of intelligence functions. 
‘‘(6) To ensure that employees of the intelligence component 
have knowledge of, and comply with, the programs and policies 
established by the Under Secretary for Intelligence and Anal-
ysis and other appropriate officials of the Department and 
that such employees comply with all applicable laws and regula-
tions. 
‘‘(7) To perform such other activities relating to such 
responsibilities as the Secretary may provide. 
‘‘SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPO-
NENTS. 
‘‘The Secretary shall provide training and guidance for 
employees, officials, and senior executives of the intelligence compo-
nents of the Department to develop knowledge of laws, regulations, 
operations, policies, procedures, and programs that are related to 
the functions of the Department relating to the collection, proc-
essing, analysis, and dissemination of information within the scope 
of the information sharing environment, including homeland secu-
rity information, terrorism information, and weapons of mass 
destruction information, or national intelligence (as defined in sec-
tion 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))). 
‘‘SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND 
LOCAL GOVERNMENT OFFICIALS. 
‘‘(a) CURRICULUM.—The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall— 
‘‘(1) develop a curriculum for training State, local, and 
tribal government officials, including law enforcement officers, 
intelligence analysts, and other emergency response providers, 
in the intelligence cycle and Federal laws, practices, and regula-
tions regarding the development, handling, and review of intel-
ligence and other information; and 
‘‘(2) ensure that the curriculum includes executive level 
training for senior level State, local, and tribal law enforcement 
officers, intelligence analysts, and other emergency response 
providers. 
‘‘(b) TRAINING.—To the extent possible, the Federal Law 
Enforcement Training Center and other existing Federal entities 
with the capacity and expertise to train State, local, and tribal 
government officials based on the curriculum developed under sub-
section (a) shall be used to carry out the training programs created 
under this section. If such entities do not have the capacity, 
resources, or capabilities to conduct such training, the Secretary 
may approve another entity to conduct such training. 
‘‘(c) CONSULTATION.—In carrying out the duties described in 
subsection (a), the Under Secretary for Intelligence and Analysis 
shall consult with the Director of the Federal Law Enforcement 
Training Center, the Attorney General, the Director of National 
Intelligence, the Administrator of the Federal Emergency Manage-
ment Agency, and other appropriate parties, such as private 
industry, institutions of higher education, nonprofit institutions, 
and other intelligence agencies of the Federal Government. 
6 USC 124f. 
6 USC 124e. 
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121 STAT. 313 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘SEC. 210. INFORMATION SHARING INCENTIVES. 
‘‘(a) AWARDS.—In making cash awards under chapter 45 of 
title 5, United States Code, the President or the head of an agency, 
in consultation with the program manager designated under section 
1016 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (6 U.S.C. 485), may consider the success of an employee 
in appropriately sharing information within the scope of the 
information sharing environment established under that section, 
including homeland security information, terrorism information, 
and weapons of mass destruction information, or national intel-
ligence (as defined in section 3(5) of the National Security Act 
of 1947 (50 U.S.C. 401a(5)), in a manner consistent with any poli-
cies, guidelines, procedures, instructions, or standards established 
by the President or, as appropriate, the program manager of that 
environment for the implementation and management of that 
environment. 
‘‘(b) OTHER INCENTIVES.—The head of each department or 
agency described in section 1016(i) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation 
with the program manager designated under section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485), shall adopt best practices regarding effective ways to educate 
and motivate officers and employees of the Federal Government 
to participate fully in the information sharing environment, 
including— 
‘‘(1) promotions and other nonmonetary awards; and 
‘‘(2) publicizing information sharing accomplishments by 
individual employees and, where appropriate, the tangible end 
benefits that resulted.’’. 
(b) CLERICAL 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 further by inserting after the item relating to section 
206 the following: 
‘‘Sec. 207. Intelligence components. 
‘‘Sec. 208. Training for employees of intelligence components. 
‘‘Sec. 209. Intelligence training development for State and local government offi-
cials. 
‘‘Sec. 210. Information sharing incentives.’’. 
SEC. 504. INFORMATION SHARING. 
Section 1016 of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (6 U.S.C. 485) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraphs (1) through (4) as 
paragraphs (2) through (5), respectively; 
(B) by inserting before paragraph (2), as so redesig-
nated, the following: 
‘‘(1) HOMELAND SECURITY INFORMATION.—The term ‘home-
land security information’ has the meaning given that term 
in section 892(f) of the Homeland Security Act of 2002 (6 
U.S.C. 482(f)).’’; 
(C) by striking paragraph (3), as so redesignated, and 
inserting the following: 
‘‘(3) INFORMATION
SHARING
ENVIRONMENT.—The terms 
‘information sharing environment’ and ‘ISE’ mean an approach 
that facilitates the sharing of terrorism and homeland security 
information, which may include any method determined nec-
essary and appropriate for carrying out this section.’’; 
6 USC 124g. 
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121 STAT. 314 
PUBLIC LAW 110–53—AUG. 3, 2007 
(D) by striking paragraph (5), as so redesignated, and 
inserting the following: 
‘‘(5) 
TERRORISM
INFORMATION.—The 
term 
‘terrorism 
information’— 
‘‘(A) means all information, whether collected, pro-
duced, or distributed by intelligence, law enforcement, mili-
tary, homeland security, or other activities relating to— 
‘‘(i) the existence, organization, capabilities, plans, 
intentions, vulnerabilities, means of finance or material 
support, or activities of foreign or international ter-
rorist groups or individuals, or of domestic groups or 
individuals involved in transnational terrorism; 
‘‘(ii) threats posed by such groups or individuals 
to the United States, United States persons, or United 
States interests, or to those of other nations; 
‘‘(iii) communications of or by such groups or 
individuals; or 
‘‘(iv) groups or individuals reasonably believed to 
be assisting or associated with such groups or individ-
uals; and 
‘‘(B) includes weapons of mass destruction informa-
tion.’’; and 
(E) by adding at the end the following: 
‘‘(6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The 
term ‘weapons of mass destruction information’ means informa-
tion that could reasonably be expected to assist in the develop-
ment, proliferation, or use of a weapon of mass destruction 
(including a chemical, biological, radiological, or nuclear 
weapon) that could be used by a terrorist or a terrorist organiza-
tion against the United States, including information about 
the location of any stockpile of nuclear materials that could 
be exploited for use in such a weapon that could be used 
by a terrorist or a terrorist organization against the United 
States.’’; 
(2) in subsection (b)(2)— 
(A) in subparagraph (H), by striking ‘‘and’’ at the end; 
(B) in subparagraph (I), by striking the period at the 
end and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(J) integrates the information within the scope of the 
information sharing environment, including any such 
information in legacy technologies; 
‘‘(K) integrates technologies, including all legacy tech-
nologies, through Internet-based services, consistent with 
appropriate security protocols and safeguards, to enable 
connectivity among required users at the Federal, State, 
and local levels; 
‘‘(L) allows the full range of analytic and operational 
activities without the need to centralize information within 
the scope of the information sharing environment; 
‘‘(M) permits analysts to collaborate both independently 
and in a group (commonly known as ‘collective and non-
collective collaboration’), and across multiple levels of 
national security information and controlled unclassified 
information; 
‘‘(N) provides a resolution process that enables changes 
by authorized officials regarding rules and policies for the 
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121 STAT. 315 
PUBLIC LAW 110–53—AUG. 3, 2007 
access, use, and retention of information within the scope 
of the information sharing environment; and 
‘‘(O) incorporates continuous, real-time, and immutable 
audit capabilities, to the maximum extent practicable.’’; 
(3) in subsection (f)— 
(A) in paragraph (1)— 
(i) by striking ‘‘during the two-year period begin-
ning on the date of designation under this paragraph 
unless sooner removed from service and replaced’’ and 
inserting ‘‘until removed from service or replaced’’; and 
(ii) by striking ‘‘The program manager shall have 
and exercise governmentwide authority.’’ and inserting 
‘‘The program manager, in consultation with the head 
of any affected department or agency, shall have and 
exercise governmentwide authority over the sharing 
of information within the scope of the information 
sharing environment, including homeland security 
information, terrorism information, and weapons of 
mass destruction information, by all Federal depart-
ments, agencies, and components, irrespective of the 
Federal department, agency, or component in which 
the program manager may be administratively located, 
except as otherwise expressly provided by law.’’; and 
(B) in paragraph (2)(A)— 
(i) by redesignating clause (iii) as clause (v); and 
(ii) by striking clause (ii) and inserting the fol-
lowing: 
‘‘(ii) assist in the development of policies, as appro-
priate, to foster the development and proper operation 
of the ISE; 
‘‘(iii) consistent with the direction and policies 
issued by the President, the Director of National Intel-
ligence, and the Director of the Office of Management 
and Budget, issue governmentwide procedures, guide-
lines, instructions, and functional standards, as appro-
priate, for the management, development, and proper 
operation of the ISE; 
‘‘(iv) identify and resolve information sharing dis-
putes between Federal departments, agencies, and 
components; and’’; 
(4) in subsection (g)— 
(A) in paragraph (1), by striking ‘‘during the two-year 
period beginning on the date of the initial designation 
of the program manager by the President under subsection 
(f)(1), unless sooner removed from service and replaced’’ 
and inserting ‘‘until removed from service or replaced’’; 
(B) in paragraph (2)— 
(i) in subparagraph (F), by striking ‘‘and’’ at the 
end; 
(ii) by redesignating subparagraph (G) as subpara-
graph (I); and 
(iii) by inserting after subparagraph (F) the fol-
lowing: 
‘‘(G) assist the program manager in identifying and 
resolving information sharing disputes between Federal 
departments, agencies, and components; 
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121 STAT. 316 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(H) identify appropriate personnel for assignment to 
the program manager to support staffing needs identified 
by the program manager; and’’; 
(C) in paragraph (4), by inserting ‘‘(including any sub-
sidiary group of the Information Sharing Council)’’ before 
‘‘shall not be subject’’; and 
(D) by adding at the end the following: 
‘‘(5) DETAILEES.—Upon a request by the Director of 
National Intelligence, the departments and agencies rep-
resented on the Information Sharing Council shall detail to 
the program manager, on a reimbursable basis, appropriate 
personnel identified under paragraph (2)(H).’’; 
(5) in subsection (h)(1), by striking ‘‘and annually there-
after’’ and inserting ‘‘and not later than June 30 of each year 
thereafter’’; and 
(6) by striking subsection (j) and inserting the following: 
‘‘(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.— 
‘‘(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of the Implementing Recommendations of the 
9/11 Commission Act of 2007, the President shall report to 
the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Select Committee on Intelligence 
of the Senate, the Committee on Homeland Security of the 
House of Representatives, and the Permanent Select Committee 
on Intelligence of the House of Representatives on the feasibility 
of— 
‘‘(A) eliminating the use of any marking or process 
(including ‘Originator Control’) intended to, or having the 
effect of, restricting the sharing of information within the 
scope of the information sharing environment, including 
homeland security information, terrorism information, and 
weapons of mass destruction information, between and 
among participants in the information sharing environ-
ment, unless the President has— 
‘‘(i) specifically exempted categories of information 
from such elimination; and 
‘‘(ii) reported that exemption to the committees 
of Congress described in the matter preceding this 
subparagraph; and 
‘‘(B) continuing to use Federal agency standards in 
effect on such date of enactment for the collection, sharing, 
and access to information within the scope of the informa-
tion sharing environment, including homeland security 
information, terrorism information, and weapons of mass 
destruction information, relating to citizens and lawful 
permanent residents; 
‘‘(C) replacing the standards described in subparagraph 
(B) with a standard that would allow mission-based or 
threat-based permission to access or share information 
within the scope of the information sharing environment, 
including 
homeland 
security 
information, 
terrorism 
information, and weapons of mass destruction information, 
for a particular purpose that the Federal Government, 
through an appropriate process established in consultation 
with the Privacy and Civil Liberties Oversight Board estab-
lished under section 1061, has determined to be lawfully 
President. 
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121 STAT. 317 
PUBLIC LAW 110–53—AUG. 3, 2007 
permissible for a particular agency, component, or employee 
(commonly known as an ‘authorized use’ standard); and 
‘‘(D) the use of anonymized data by Federal depart-
ments, agencies, or components collecting, possessing, 
disseminating, or handling information within the scope 
of the information sharing environment, including home-
land security information, terrorism information, and 
weapons of mass destruction information, in any cases 
in which— 
‘‘(i) the use of such information is reasonably 
expected to produce results materially equivalent to 
the use of information that is transferred or stored 
in a non-anonymized form; and 
‘‘(ii) such use is consistent with any mission of 
that department, agency, or component (including any 
mission under a Federal statute or directive of the 
President) that involves the storage, retention, sharing, 
or exchange of personally identifiable information. 
‘‘(2) DEFINITION.—In this subsection, the term ‘anonymized 
data’ means data in which the individual to whom the data 
pertains is not identifiable with reasonable efforts, including 
information that has been encrypted or hidden through the 
use of other technology. 
‘‘(k) ADDITIONAL POSITIONS.—The program manager is author-
ized to hire not more than 40 full-time employees to assist the 
program manager in— 
‘‘(1) activities associated with the implementation of the 
information sharing environment, including— 
‘‘(A) implementing the requirements under subsection 
(b)(2); and 
‘‘(B) any additional implementation initiatives to 
enhance and expedite the creation of the information 
sharing environment; and 
‘‘(2) identifying and resolving information sharing disputes 
between Federal departments, agencies, and components under 
subsection (f)(2)(A)(iv). 
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to carry out this section $30,000,000 for each 
of fiscal years 2008 and 2009.’’. 
Subtitle B—Homeland Security 
Information Sharing Partnerships 
SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND 
REGIONAL FUSION CENTER INITIATIVE. 
(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding 
at the end the following: 
‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, 
AND REGIONAL FUSION CENTER INITIATIVE. 
‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the 
program manager of the information sharing environment estab-
lished under section 1016 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the 
Privacy Officer of the Department, the Officer for Civil Rights 
6 USC 124h. 
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121 STAT. 318 
PUBLIC LAW 110–53—AUG. 3, 2007 
and Civil Liberties of the Department, and the Privacy and Civil 
Liberties Oversight Board established under section 1061 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 
601 note), shall establish a Department of Homeland Security State, 
Local, and Regional Fusion Center Initiative to establish partner-
ships with State, local, and regional fusion centers. 
‘‘(b) DEPARTMENT SUPPORT AND COORDINATION.—Through the 
Department of Homeland Security State, Local, and Regional Fusion 
Center Initiative, and in coordination with the principal officials 
of participating State, local, or regional fusion centers and the 
officers designated as the Homeland Security Advisors of the States, 
the Secretary shall— 
‘‘(1) provide operational and intelligence advice and assist-
ance to State, local, and regional fusion centers; 
‘‘(2) support efforts to include State, local, and regional 
fusion centers into efforts to establish an information sharing 
environment; 
‘‘(3) conduct tabletop and live training exercises to regularly 
assess the capability of individual and regional networks of 
State, local, and regional fusion centers to integrate the efforts 
of such networks with the efforts of the Department; 
‘‘(4) coordinate with other relevant Federal entities engaged 
in homeland security-related activities; 
‘‘(5) provide analytic and reporting advice and assistance 
to State, local, and regional fusion centers; 
‘‘(6) review information within the scope of the information 
sharing environment, including homeland security information, 
terrorism information, and weapons of mass destruction 
information, that is gathered by State, local, and regional fusion 
centers, and to incorporate such information, as appropriate, 
into the Department’s own such information; 
‘‘(7) provide management assistance to State, local, and 
regional fusion centers; 
‘‘(8) serve as a point of contact to ensure the dissemination 
of information within the scope of the information sharing 
environment, including homeland security information, ter-
rorism information, and weapons of mass destruction informa-
tion; 
‘‘(9) facilitate close communication and coordination 
between State, local, and regional fusion centers and the 
Department; 
‘‘(10) provide State, local, and regional fusion centers with 
expertise on Department resources and operations; 
‘‘(11) provide training to State, local, and regional fusion 
centers and encourage such fusion centers to participate in 
terrorism threat-related exercises conducted by the Depart-
ment; and 
‘‘(12) carry out such other duties as the Secretary deter-
mines are appropriate. 
‘‘(c) PERSONNEL ASSIGNMENT.— 
‘‘(1) IN
GENERAL.—The Under Secretary for Intelligence 
and Analysis shall, to the maximum extent practicable, assign 
officers and intelligence analysts from components of the 
Department to participating State, local, and regional fusion 
centers. 
‘‘(2) 
PERSONNEL
SOURCES.—Officers 
and 
intelligence 
analysts assigned to participating fusion centers under this 
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121 STAT. 319 
PUBLIC LAW 110–53—AUG. 3, 2007 
subsection may be assigned from the following Department 
components, in coordination with the respective component 
head and in consultation with the principal officials of partici-
pating fusion centers: 
‘‘(A) Office of Intelligence and Analysis. 
‘‘(B) Office of Infrastructure Protection. 
‘‘(C) Transportation Security Administration. 
‘‘(D) United States Customs and Border Protection. 
‘‘(E) United States Immigration and Customs Enforce-
ment. 
‘‘(F) United States Coast Guard. 
‘‘(G) Other components of the Department, as deter-
mined by the Secretary. 
‘‘(3) QUALIFYING CRITERIA.— 
‘‘(A) IN GENERAL.—The Secretary shall develop quali-
fying criteria for a fusion center to participate in the 
assigning of Department officers or intelligence analysts 
under this section. 
‘‘(B) CRITERIA.—Any criteria developed under subpara-
graph (A) may include— 
‘‘(i) whether the fusion center, through its mission 
and 
governance 
structure, 
focuses 
on 
a 
broad 
counterterrorism approach, and whether that broad 
approach is pervasive through all levels of the 
organization; 
‘‘(ii) whether the fusion center has sufficient num-
bers of adequately trained personnel to support a broad 
counterterrorism mission; 
‘‘(iii) whether the fusion center has— 
‘‘(I) access to relevant law enforcement, emer-
gency response, private sector, open source, and 
national security data; and 
‘‘(II) the ability to share and analytically uti-
lize that data for lawful purposes; 
‘‘(iv) whether the fusion center is adequately 
funded by the State, local, or regional government 
to support its counterterrorism mission; and 
‘‘(v) the relevancy of the mission of the fusion 
center to the particular source component of Depart-
ment officers or intelligence analysts. 
‘‘(4) PREREQUISITE.— 
‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIB-
ERTIES TRAINING.—Before being assigned to a fusion center 
under this section, an officer or intelligence analyst shall 
undergo— 
‘‘(i) appropriate intelligence analysis or information 
sharing training using an intelligence-led policing cur-
riculum that is consistent with— 
‘‘(I) standard training and education programs 
offered to Department law enforcement and intel-
ligence personnel; and 
‘‘(II) the Criminal Intelligence Systems Oper-
ating Policies under part 23 of title 28, Code of 
Federal Regulations (or any corresponding similar 
rule or regulation); 
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121 STAT. 320 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(ii) appropriate privacy and civil liberties training 
that is developed, supported, or sponsored by the Pri-
vacy Officer appointed under section 222 and the 
Officer for Civil Rights and Civil Liberties of the 
Department, in consultation with the Privacy and Civil 
Liberties Oversight Board established under section 
1061 of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (5 U.S.C. 601 note); and 
‘‘(iii) such other training prescribed by the Under 
Secretary for Intelligence and Analysis. 
‘‘(B) PRIOR WORK EXPERIENCE IN AREA.—In determining 
the eligibility of an officer or intelligence analyst to be 
assigned to a fusion center under this section, the Under 
Secretary for Intelligence and Analysis shall consider the 
familiarity of the officer or intelligence analyst with the 
State, locality, or region, as determined by such factors 
as whether the officer or intelligence analyst— 
‘‘(i) has been previously assigned in the geographic 
area; or 
‘‘(ii) has previously worked with intelligence offi-
cials or law enforcement or other emergency response 
providers from that State, locality, or region. 
‘‘(5) EXPEDITED
SECURITY
CLEARANCE
PROCESSING.—The 
Under Secretary for Intelligence and Analysis— 
‘‘(A) shall ensure that each officer or intelligence 
analyst assigned to a fusion center under this section has 
the appropriate security clearance to contribute effectively 
to the mission of the fusion center; and 
‘‘(B) may request that security clearance processing 
be expedited for each such officer or intelligence analyst 
and may use available funds for such purpose. 
‘‘(6) FURTHER QUALIFICATIONS.—Each officer or intelligence 
analyst assigned to a fusion center under this section shall 
satisfy any other qualifications the Under Secretary for Intel-
ligence and Analysis may prescribe. 
‘‘(d) RESPONSIBILITIES.—An officer or intelligence analyst 
assigned to a fusion center under this section shall— 
‘‘(1) assist law enforcement agencies and other emergency 
response providers of State, local, and tribal governments and 
fusion center personnel in using information within the scope 
of the information sharing environment, including homeland 
security information, terrorism information, and weapons of 
mass destruction information, to develop a comprehensive and 
accurate threat picture; 
‘‘(2) review homeland security-relevant information from 
law enforcement agencies and other emergency response pro-
viders of State, local, and tribal government; 
‘‘(3) create intelligence and other information products 
derived from such information and other homeland security- 
relevant information provided by the Department; and 
‘‘(4) assist in the dissemination of such products, as coordi-
nated by the Under Secretary for Intelligence and Analysis, 
to law enforcement agencies and other emergency response 
providers of State, local, and tribal government, other fusion 
centers, and appropriate Federal agencies. 
‘‘(e) BORDER INTELLIGENCE PRIORITY.— 
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121 STAT. 321 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(1) IN GENERAL.—The Secretary shall make it a priority 
to assign officers and intelligence analysts under this section 
from United States Customs and Border Protection, United 
States Immigration and Customs Enforcement, and the Coast 
Guard to participating State, local, and regional fusion centers 
located in jurisdictions along land or maritime borders of the 
United States in order to enhance the integrity of and security 
at such borders by helping Federal, State, local, and tribal 
law enforcement authorities to identify, investigate, and other-
wise interdict persons, weapons, and related contraband that 
pose a threat to homeland security. 
‘‘(2) BORDER INTELLIGENCE PRODUCTS.—When performing 
the responsibilities described in subsection (d), officers and 
intelligence analysts assigned to participating State, local, and 
regional fusion centers under this section shall have, as a 
primary responsibility, the creation of border intelligence prod-
ucts that— 
‘‘(A) assist State, local, and tribal law enforcement 
agencies in deploying their resources most efficiently to 
help detect and interdict terrorists, weapons of mass 
destruction, and related contraband at land or maritime 
borders of the United States; 
‘‘(B) promote more consistent and timely sharing of 
border security-relevant information among jurisdictions 
along land or maritime borders of the United States; and 
‘‘(C) enhance the Department’s situational awareness 
of the threat of acts of terrorism at or involving the land 
or maritime borders of the United States. 
‘‘(f) DATABASE
ACCESS.—In order to fulfill the objectives 
described under subsection (d), each officer or intelligence analyst 
assigned to a fusion center under this section shall have appropriate 
access to all relevant Federal databases and information systems, 
consistent with any policies, guidelines, procedures, instructions, 
or standards established by the President or, as appropriate, the 
program manager of the information sharing environment for the 
implementation and management of that environment. 
‘‘(g) CONSUMER FEEDBACK.— 
‘‘(1) IN GENERAL.—The Secretary shall create a voluntary 
mechanism for any State, local, or tribal law enforcement officer 
or other emergency response provider who is a consumer of 
the intelligence or other information products referred to in 
subsection (d) to provide feedback to the Department on the 
quality and utility of such intelligence products. 
‘‘(2) REPORT.—Not later than one year after the date of 
the enactment of the Implementing Recommendations of the 
9/11 Commission Act of 2007, and annually thereafter, 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 
that includes a description of the consumer feedback obtained 
under paragraph (1) and, if applicable, how the Department 
has adjusted its production of intelligence products in response 
to that consumer feedback. 
‘‘(h) RULE OF CONSTRUCTION.— 
‘‘(1) IN GENERAL.—The authorities granted under this sec-
tion shall supplement the authorities granted under section 
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121 STAT. 322 
PUBLIC LAW 110–53—AUG. 3, 2007 
201(d) and nothing in this section shall be construed to abrogate 
the authorities granted under section 201(d). 
‘‘(2) PARTICIPATION.—Nothing in this section shall be con-
strued to require a State, local, or regional government or 
entity to accept the assignment of officers or intelligence 
analysts of the Department into the fusion center of that State, 
locality, or region. 
‘‘(i) GUIDELINES.—The Secretary, in consultation with the 
Attorney General, shall establish guidelines for fusion centers cre-
ated and operated by State and local governments, to include stand-
ards that any such fusion center shall— 
‘‘(1) collaboratively develop a mission statement, identify 
expectations and goals, measure performance, and determine 
effectiveness for that fusion center; 
‘‘(2) create a representative governance structure that 
includes law enforcement officers and other emergency response 
providers and, as appropriate, the private sector; 
‘‘(3) create a collaborative environment for the sharing of 
intelligence and information among Federal, State, local, and 
tribal government agencies (including law enforcement officers 
and other emergency response providers), the private sector, 
and the public, consistent with any policies, guidelines, proce-
dures, instructions, or standards established by the President 
or, as appropriate, the program manager of the information 
sharing environment; 
‘‘(4) leverage the databases, systems, and networks avail-
able from public and private sector entities, in accordance with 
all applicable laws, to maximize information sharing; 
‘‘(5) develop, publish, and adhere to a privacy and civil 
liberties policy consistent with Federal, State, and local law; 
‘‘(6) provide, in coordination with the Privacy Officer of 
the Department and the Officer for Civil Rights and Civil 
Liberties of the Department, appropriate privacy and civil lib-
erties training for all State, local, tribal, and private sector 
representatives at the fusion center; 
‘‘(7) ensure appropriate security measures are in place for 
the facility, data, and personnel; 
‘‘(8) select and train personnel based on the needs, mission, 
goals, and functions of that fusion center; 
‘‘(9) offer a variety of intelligence and information services 
and products to recipients of fusion center intelligence and 
information; and 
‘‘(10) incorporate law enforcement officers, other emergency 
response providers, and, as appropriate, the private sector, 
into all relevant phases of the intelligence and fusion process, 
consistent with the mission statement developed under para-
graph (1), either through full time representatives or liaison 
relationships with the fusion center to enable the receipt and 
sharing of information and intelligence. 
‘‘(j) DEFINITIONS.—In this section— 
‘‘(1) the term ‘fusion center’ means a collaborative effort 
of 2 or more Federal, State, local, or tribal government agencies 
that combines resources, expertise, or information with the 
goal of maximizing the ability of such agencies to detect, pre-
vent, investigate, apprehend, and respond to criminal or ter-
rorist activity; 
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121 STAT. 323 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(2) the term ‘information sharing environment’ means the 
information sharing environment established under section 
1016 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (6 U.S.C. 485); 
‘‘(3) the term ‘intelligence analyst’ means an individual 
who regularly advises, administers, supervises, or performs 
work in the collection, gathering, analysis, evaluation, 
reporting, production, or dissemination of information on polit-
ical, economic, social, cultural, physical, geographical, scientific, 
or military conditions, trends, or forces in foreign or domestic 
areas that directly or indirectly affect national security; 
‘‘(4) the term ‘intelligence-led policing’ means the collection 
and analysis of information to produce an intelligence end 
product designed to inform law enforcement decision making 
at the tactical and strategic levels; and 
‘‘(5) the term ‘terrorism information’ has the meaning given 
that term in section 1016 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (6 U.S.C. 485). 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $10,000,000 for each of fiscal years 2008 through 
2012, to carry out this section, except for subsection (i), including 
for hiring officers and intelligence analysts to replace officers and 
intelligence analysts who are assigned to fusion centers under this 
section.’’. 
(b) TRAINING
FOR PREDEPLOYED OFFICERS
AND ANALYSTS.— 
An officer or analyst assigned to a fusion center by the Secretary 
of Homeland Security before the date of the enactment of this 
Act shall undergo the training described in section 210A(c)(4)(A) 
of the Homeland Security Act of 2002, as added by subsection 
(a), by not later than 6 months after such date. 
(c) TECHNICAL AND 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 further amended by inserting after the 
item relating to section 210 the following: 
‘‘Sec. 210A. Department of Homeland Security State, Local, and Regional Informa-
tion Fusion Center Initiative.’’. 
(d) REPORTS.— 
(1) CONCEPT OF OPERATIONS.—Not later than 90 days after 
the date of enactment of this Act and before the Department 
of Homeland Security State, Local, and Regional Fusion Center 
Initiative under section 210A of the Homeland Security Act 
of 2002, as added by subsection (a), (in this section referred 
to as the ‘‘program’’) has been implemented, the Secretary, 
in consultation with the Privacy Officer of the Department, 
the Officer for Civil Rights and Civil Liberties of the Depart-
ment, and the Privacy and Civil Liberties Oversight Board 
established under section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall 
submit to the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives a report that contains 
a concept of operations for the program, which shall— 
(A) include a clear articulation of the purposes, goals, 
and specific objectives for which the program is being devel-
oped; 
Deadline. 
6 USC 124h note. 
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121 STAT. 324 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) identify stakeholders in the program and provide 
an assessment of their needs; 
(C) contain a developed set of quantitative metrics 
to measure, to the extent possible, program output; 
(D) contain a developed set of qualitative instruments 
(including surveys and expert interviews) to assess the 
extent to which stakeholders believe their needs are being 
met; and 
(E) include a privacy and civil liberties impact assess-
ment. 
(2) PRIVACY AND CIVIL LIBERTIES.—Not later than 1 year 
after the date of the enactment of this Act, the Privacy Officer 
of the Department of Homeland Security and the Officer for 
Civil Liberties and Civil Rights of the Department of Homeland 
Security, consistent with any policies of the Privacy and Civil 
Liberties Oversight Board established under section 1061 of 
the Intelligence Reform and Terrorism Prevention Act of 2004 
(5 U.S.C. 601 note), shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Representatives, 
the Secretary of Homeland Security, the Under Secretary of 
Homeland Security for Intelligence and Analysis, and the Pri-
vacy and Civil Liberties Oversight Board a report on the privacy 
and civil liberties impact of the program. 
SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS 
PROGRAM. 
(a) ESTABLISHMENT OF PROGRAM.—Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further 
amended by adding at the end the following: 
‘‘SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS 
PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, and in consultation 
with the Chief Human Capital Officer, shall establish a fellow-
ship program in accordance with this section for the purpose 
of— 
‘‘(A) detailing State, local, and tribal law enforcement 
officers and intelligence analysts to the Department in 
accordance with subchapter VI of chapter 33 of title 5, 
United States Code, to participate in the work of the Office 
of Intelligence and Analysis in order to become familiar 
with— 
‘‘(i) the relevant missions and capabilities of the 
Department and other Federal agencies; and 
‘‘(ii) the role, programs, products, and personnel 
of the Office of Intelligence and Analysis; and 
‘‘(B) promoting information sharing between the 
Department and State, local, and tribal law enforcement 
officers and intelligence analysts by assigning such officers 
and analysts to— 
‘‘(i) serve as a point of contact in the Department 
to assist in the representation of State, local, and tribal 
information requirements; 
‘‘(ii) identify information within the scope of the 
information sharing environment, including homeland 
6 USC 124i. 
Deadline. 
Reports. 
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121 STAT. 325 
PUBLIC LAW 110–53—AUG. 3, 2007 
security 
information, 
terrorism 
information, 
and 
weapons of mass destruction information, that is of 
interest to State, local, and tribal law enforcement 
officers, intelligence analysts, and other emergency 
response providers; 
‘‘(iii) assist Department analysts in preparing and 
disseminating products derived from information 
within the scope of the information sharing environ-
ment, including homeland security information, ter-
rorism information, and weapons of mass destruction 
information, that are tailored to State, local, and tribal 
law enforcement officers and intelligence analysts and 
designed to prepare for and thwart acts of terrorism; 
and 
‘‘(iv) assist Department analysts in preparing prod-
ucts derived from information within the scope of the 
information sharing environment, including homeland 
security 
information, 
terrorism 
information, 
and 
weapons of mass destruction information, that are tai-
lored to State, local, and tribal emergency response 
providers and assist in the dissemination of such prod-
ucts through appropriate Department channels. 
‘‘(2) PROGRAM NAME.—The program under this section shall 
be known as the ‘Homeland Security Information Sharing Fel-
lows Program’. 
‘‘(b) ELIGIBILITY.— 
‘‘(1) IN GENERAL.—In order to be eligible for selection as 
an Information Sharing Fellow under the program under this 
section, an individual shall— 
‘‘(A) have homeland security-related responsibilities; 
‘‘(B) be eligible for an appropriate security clearance; 
‘‘(C) possess a valid need for access to classified 
information, as determined by the Under Secretary for 
Intelligence and Analysis; 
‘‘(D) be an employee of an eligible entity; and 
‘‘(E) have undergone appropriate privacy and civil lib-
erties training that is developed, supported, or sponsored 
by the Privacy Officer and the Officer for Civil Rights 
and Civil Liberties, in consultation with the Privacy and 
Civil Liberties Oversight Board established under section 
1061 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (5 U.S.C. 601 note). 
‘‘(2) ELIGIBLE
ENTITIES.—In this subsection, the term 
‘eligible entity’ means— 
‘‘(A) a State, local, or regional fusion center; 
‘‘(B) a State or local law enforcement or other govern-
ment entity that serves a major metropolitan area, subur-
ban area, or rural area, as determined by the Secretary; 
‘‘(C) a State or local law enforcement or other govern-
ment entity with port, border, or agricultural responsibil-
ities, as determined by the Secretary; 
‘‘(D) a tribal law enforcement or other authority; or 
‘‘(E) such other entity as the Secretary determines 
is appropriate. 
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121 STAT. 326 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or tribal law 
enforcement or other government entity shall be required to partici-
pate in the Homeland Security Information Sharing Fellows Pro-
gram. 
‘‘(d) PROCEDURES FOR NOMINATION AND SELECTION.— 
‘‘(1) IN
GENERAL.—The Under Secretary for Intelligence 
and Analysis shall establish procedures to provide for the 
nomination and selection of individuals to participate in the 
Homeland Security Information Sharing Fellows Program. 
‘‘(2) LIMITATIONS.—The Under Secretary for Intelligence 
and Analysis shall— 
‘‘(A) select law enforcement officers and intelligence 
analysts representing a broad cross-section of State, local, 
and tribal agencies; and 
‘‘(B) ensure that the number of Information Sharing 
Fellows selected does not impede the activities of the Office 
of Intelligence and Analysis.’’. 
(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 et seq.) is further amended by inserting after the 
item relating to section 210A the following: 
‘‘Sec. 210B. Homeland Security Information Sharing Fellows Program.’’. 
(c) REPORTS.— 
(1) CONCEPT OF OPERATIONS.—Not later than 90 days after 
the date of enactment of this Act, and before the implementa-
tion of the Homeland Security Information Sharing Fellows 
Program under section 210B of the Homeland Security Act 
of 2002, as added by subsection (a), (in this section referred 
to as the ‘‘Program’’) the Secretary, in consultation with the 
Privacy Officer of the Department, the Officer for Civil Rights 
and Civil Liberties of the Department, and the Privacy and 
Civil Liberties Oversight Board established under section 1061 
of the Intelligence Reform and Terrorism Prevention Act of 
2004 (5 U.S.C. 601 note), 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 that contains a concept of operations 
for the Program, which shall include a privacy and civil liberties 
impact assessment. 
(2) REVIEW OF PRIVACY IMPACT.—Not later than 1 year 
after the date on which the program is implemented, the Pri-
vacy Officer of the Department and the Officer for Civil Rights 
and Civil Liberties of the Department, consistent with any 
policies of the Privacy and Civil Liberties Oversight Board 
established under section 1061 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall 
submit to the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives, the Secretary of 
Homeland Security, the Under Secretary of Homeland Security 
for Intelligence and Analysis, and the Privacy and Civil Lib-
erties Oversight Board, a report on the privacy and civil lib-
erties impact of the program. 
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121 STAT. 327 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 513. RURAL POLICING INSTITUTE. 
(a) ESTABLISHMENT.—Subtitle A of title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 
by adding at the end the following: 
‘‘SEC. 210C. RURAL POLICING INSTITUTE. 
‘‘(a) IN
GENERAL.—The Secretary shall establish a Rural 
Policing Institute, which shall be administered by the Federal Law 
Enforcement Training Center, to target training to law enforcement 
agencies and other emergency response providers located in rural 
areas. The Secretary, through the Rural Policing Institute, shall— 
‘‘(1) evaluate the needs of law enforcement agencies and 
other emergency response providers in rural areas; 
‘‘(2) develop expert training programs designed to address 
the needs of law enforcement agencies and other emergency 
response providers in rural areas as identified in the evaluation 
conducted under paragraph (1), including training programs 
about intelligence-led policing and protections for privacy, civil 
rights, and civil liberties; 
‘‘(3) provide the training programs developed under para-
graph (2) to law enforcement agencies and other emergency 
response providers in rural areas; and 
‘‘(4) conduct outreach efforts to ensure that local and tribal 
governments in rural areas are aware of the training programs 
developed under paragraph (2) so they can avail themselves 
of such programs. 
‘‘(b) CURRICULA.—The training at the Rural Policing Institute 
established under subsection (a) shall— 
‘‘(1) be configured in a manner so as not to duplicate 
or displace any law enforcement or emergency response pro-
gram of the Federal Law Enforcement Training Center or a 
local or tribal government entity in existence on the date of 
enactment of the Implementing Recommendations of the 9/ 
11 Commission Act of 2007; and 
‘‘(2) to the maximum extent practicable, be delivered in 
a cost-effective manner at facilities of the Department, on closed 
military installations with adequate training facilities, or at 
facilities operated by the participants. 
‘‘(c) DEFINITION.—In this section, the term ‘rural’ means an 
area that is not located in a metropolitan statistical area, as defined 
by the Office of Management and Budget. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section (including for contracts, 
staff, and equipment)— 
‘‘(1) $10,000,000 for fiscal year 2008; and 
‘‘(2) $5,000,000 for each of fiscal years 2009 through 2013.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of such Act is further amended by inserting after the item 
relating to section 210B the following: 
‘‘Sec. 210C. Rural Policing Institute.’’. 
6 USC 124j. 
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121 STAT. 328 
PUBLIC LAW 110–53—AUG. 3, 2007 
Subtitle C—Interagency Threat 
Assessment and Coordination Group 
SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION 
GROUP. 
(a) ESTABLISHMENT.—Subtitle A of title II of the Homeland 
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended 
by adding at the end the following: 
‘‘SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION 
GROUP. 
‘‘(a) IN GENERAL.—To improve the sharing of information within 
the scope of the information sharing environment established under 
section 1016 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 485) with State, local, tribal, and private 
sector officials, the Director of National Intelligence, through the 
program manager for the information sharing environment, in 
coordination with the Secretary, shall coordinate and oversee the 
creation of an Interagency Threat Assessment and Coordination 
Group (referred to in this section as the ‘ITACG’). 
‘‘(b) COMPOSITION OF ITACG.—The ITACG shall consist of— 
‘‘(1) an ITACG Advisory Council to set policy and develop 
processes for the integration, analysis, and dissemination of 
federally-coordinated information within the scope of the 
information sharing environment, including homeland security 
information, terrorism information, and weapons of mass 
destruction information; and 
‘‘(2) an ITACG Detail comprised of State, local, and tribal 
homeland security and law enforcement officers and intelligence 
analysts detailed to work in the National Counterterrorism 
Center with Federal intelligence analysts for the purpose of 
integrating, analyzing, and assisting in the dissemination of 
federally-coordinated information within the scope of the 
information sharing environment, including homeland security 
information, terrorism information, and weapons of mass 
destruction information, through appropriate channels identi-
fied by the ITACG Advisory Council. 
‘‘(c) RESPONSIBILITIES OF PROGRAM MANAGER.—The program 
manager, in consultation with the Information Sharing Council, 
shall— 
‘‘(1) monitor and assess the efficacy of the ITACG; and 
‘‘(2) not later than 180 days after the date of the enactment 
of the Implementing Recommendations of the 9/11 Commission 
Act of 2007, and at least annually thereafter, submit to the 
Secretary, the Attorney General, the Director of National Intel-
ligence, the Committee on Homeland Security and Govern-
mental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives a report on the 
progress of the ITACG. 
‘‘(d) RESPONSIBILITIES OF SECRETARY.—The Secretary, or the 
Secretary’s designee, in coordination with the Director of the 
National Counterterrorism Center and the ITACG Advisory Council, 
shall— 
‘‘(1) create policies and standards for the creation of 
information products derived from information within the scope 
of the information sharing environment, including homeland 
Deadline. 
Reports. 
6 USC 124k. 
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121 STAT. 329 
PUBLIC LAW 110–53—AUG. 3, 2007 
security information, terrorism information, and weapons of 
mass destruction information, that are suitable for dissemina-
tion to State, local, and tribal governments and the private 
sector; 
‘‘(2) evaluate and develop processes for the timely dissemi-
nation of federally-coordinated information within the scope 
of the information sharing environment, including homeland 
security information, terrorism information, and weapons of 
mass destruction information, to State, local, and tribal govern-
ments and the private sector; 
‘‘(3) establish criteria and a methodology for indicating 
to State, local, and tribal governments and the private sector 
the reliability of information within the scope of the information 
sharing environment, including homeland security information, 
terrorism information, and weapons of mass destruction 
information, disseminated to them; 
‘‘(4) educate the intelligence community about the require-
ments of the State, local, and tribal homeland security, law 
enforcement, and other emergency response providers regarding 
information within the scope of the information sharing 
environment, including homeland security information, ter-
rorism information, and weapons of mass destruction informa-
tion; 
‘‘(5) establish and maintain the ITACG Detail, which shall 
assign an appropriate number of State, local, and tribal home-
land security and law enforcement officers and intelligence 
analysts to work in the National Counterterrorism Center who 
shall— 
‘‘(A) educate and advise National Counterterrorism 
Center intelligence analysts about the requirements of the 
State, local, and tribal homeland security and law enforce-
ment officers, and other emergency response providers 
regarding information within the scope of the information 
sharing environment, including homeland security informa-
tion, terrorism information, and weapons of mass destruc-
tion information; 
‘‘(B) assist National Counterterrorism Center intel-
ligence analysts in integrating, analyzing, and otherwise 
preparing versions of products derived from information 
within the scope of the information sharing environment, 
including 
homeland 
security 
information, 
terrorism 
information, and weapons of mass destruction information 
that are unclassified or classified at the lowest possible 
level and suitable for dissemination to State, local, and 
tribal homeland security and law enforcement agencies 
in order to help deter and prevent terrorist attacks; 
‘‘(C) 
implement, 
in 
coordination 
with 
National 
Counterterrorism Center intelligence analysts, the policies, 
processes, procedures, standards, and guidelines developed 
by the ITACG Advisory Council; 
‘‘(D) assist in the dissemination of products derived 
from information within the scope of the information 
sharing environment, including homeland security informa-
tion, terrorism information, and weapons of mass destruc-
tion information, to State, local, and tribal jurisdictions 
only through appropriate channels identified by the ITACG 
Advisory Council; and 
Establishment. 
Criteria. 
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121 STAT. 330 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(E) report directly to the senior intelligence official 
from the Department under paragraph (6); 
‘‘(6) detail a senior intelligence official from the Department 
of Homeland Security to the National Counterterrorism Center, 
who shall— 
‘‘(A) manage the day-to-day operations of the ITACG 
Detail; 
‘‘(B) report directly to the Director of the National 
Counterterrorism Center or the Director’s designee; and 
‘‘(C) in coordination with the Director of the Federal 
Bureau of Investigation, and subject to the approval of 
the Director of the National Counterterrorism Center, 
select a deputy from the pool of available detailees from 
the Federal Bureau of Investigation in the National 
Counterterrorism Center; and 
‘‘(7) establish, within the ITACG Advisory Council, a 
mechanism to select law enforcement officers and intelligence 
analysts for placement in the National Counterterrorism Center 
consistent with paragraph (5), using criteria developed by the 
ITACG Advisory Council that shall encourage participation 
from a broadly representative group of State, local, and tribal 
homeland security and law enforcement agencies. 
‘‘(e) MEMBERSHIP.—The Secretary, or the Secretary’s designee, 
shall serve as the chair of the ITACG Advisory Council, which 
shall include— 
‘‘(1) representatives of— 
‘‘(A) the Department; 
‘‘(B) the Federal Bureau of Investigation; 
‘‘(C) the National Counterterrorism Center; 
‘‘(D) the Department of Defense; 
‘‘(E) the Department of Energy; 
‘‘(F) the Department of State; and 
‘‘(G) other Federal entities as appropriate; 
‘‘(2) the program manager of the information sharing 
environment, designated under section 1016(f) of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485(f)), or the program manager’s designee; and 
‘‘(3) executive level law enforcement and intelligence offi-
cials from State, local, and tribal governments. 
‘‘(f) CRITERIA.—The Secretary, in consultation with the Director 
of National Intelligence, the Attorney General, and the program 
manager of the information sharing environment established under 
section 1016 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 485), shall— 
‘‘(1) establish procedures for selecting members of the 
ITACG Advisory Council and for the proper handling and safe-
guarding of products derived from information within the scope 
of the information sharing environment, including homeland 
security information, terrorism information, and weapons of 
mass destruction information, by those members; and 
‘‘(2) ensure that at least 50 percent of the members of 
the ITACG Advisory Council are from State, local, and tribal 
governments. 
‘‘(g) OPERATIONS.— 
‘‘(1) IN GENERAL.—Beginning not later than 90 days after 
the date of enactment of the Implementing Recommendations 
of the 9/11 Commission Act of 2007, the ITACG Advisory 
Deadline. 
Procedures. 
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121 STAT. 331 
PUBLIC LAW 110–53—AUG. 3, 2007 
Council shall meet regularly, but not less than quarterly, at 
the facilities of the National Counterterrorism Center of the 
Office of the Director of National Intelligence. 
‘‘(2) MANAGEMENT.—Pursuant to section 119(f)(E) of the 
National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the 
Director of the National Counterterrorism Center, acting 
through the senior intelligence official from the Department 
of Homeland Security detailed pursuant to subsection (d)(6), 
shall ensure that— 
‘‘(A) the products derived from information within the 
scope of the information sharing environment, including 
homeland security information, terrorism information, and 
weapons of mass destruction information, prepared by the 
National Counterterrorism Center and the ITACG Detail 
for distribution to State, local, and tribal homeland security 
and law enforcement agencies reflect the requirements of 
such agencies and are produced consistently with the poli-
cies, processes, procedures, standards, and guidelines estab-
lished by the ITACG Advisory Council; 
‘‘(B) in consultation with the ITACG Advisory Council 
and consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) 
of the National Security Act of 1947 (50 U.S.C. 402 et 
seq.), all products described in subparagraph (A) are 
disseminated through existing channels of the Department 
and the Department of Justice and other appropriate chan-
nels to State, local, and tribal government officials and 
other entities; 
‘‘(C) all detailees under subsection (d)(5) have appro-
priate access to all relevant information within the scope 
of the information sharing environment, including home-
land security information, terrorism information, and 
weapons of mass destruction information, available at the 
National Counterterrorism Center in order to accomplish 
the objectives under that paragraph; 
‘‘(D) all detailees under subsection (d)(5) have the 
appropriate security clearances and are trained in the 
procedures for handling, processing, storing, and dissemi-
nating classified products derived from information within 
the scope of the information sharing environment, including 
homeland security information, terrorism information, and 
weapons of mass destruction information; and 
‘‘(E) all detailees under subsection (d)(5) complete 
appropriate privacy and civil liberties training. 
‘‘(h) INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE 
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the ITACG or any subsidiary groups thereof. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary for each of 
fiscal years 2008 through 2012 to carry out this section, including 
to obtain security clearances for the State, local, and tribal partici-
pants in the ITACG.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in section 
1(b) of such Act is amended by inserting after the item relating 
to section 210C the following: 
‘‘Sec. 210D. Interagency Threat Assessment and Coordination Group.’’. 
6 USC 101 et seq. 
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121 STAT. 332 
PUBLIC LAW 110–53—AUG. 3, 2007 
(c) PRIVACY AND CIVIL LIBERTIES IMPACT ASSESSMENT.—Not 
later than 90 days after the date of the enactment of this Act, 
the Privacy Officer and the Officer for Civil Rights and Civil Lib-
erties of the Department of Homeland Security and the Chief Pri-
vacy and Civil Liberties Officer for the Department of Justice, 
in consultation with the Civil Liberties Protection Officer of the 
Office of the Director of National Intelligence, shall submit to the 
Secretary of Homeland Security, the Director of the Federal Bureau 
of Investigation, the Attorney General, the Director of the National 
Counterterrorism Center, the Director of National Intelligence, the 
Privacy and Civil Liberties Oversight Board, and the Committee 
on Homeland Security and Governmental Affairs of the Senate, 
the Committee on Homeland Security of the House of Representa-
tives, the Select Committee on Intelligence of the Senate, and 
the Permanent Select Committee on Intelligence of the House of 
Representatives, a privacy and civil liberties impact assessment 
of the Interagency Threat Assessment and Coordination Group 
under section 210D of the Homeland Security Act of 2002, as 
added by subsection (a), including the use of State, local, and 
tribal detailees at the National Counterterrorism Center, as 
described in subsection (d)(5) of that section. 
Subtitle D—Homeland Security 
Intelligence Offices Reorganization 
SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF 
INFRASTRUCTURE PROTECTION. 
(a) IN GENERAL.—Section 201 of the Homeland Security Act 
of 2002 (6 U.S.C. 201) is amended— 
(1) in the section heading, by striking ‘‘DIRECTORATE FOR 
INFORMATION’’ and inserting ‘‘INFORMATION AND’’; 
(2) by striking subsections (a) through (c) and inserting 
the following: 
‘‘(a) INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTEC-
TION.—There shall be in the Department an Office of Intelligence 
and Analysis and an Office of Infrastructure Protection. 
‘‘(b) UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS AND 
ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.— 
‘‘(1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office 
of Intelligence and Analysis shall be headed by an Under Sec-
retary for Intelligence and Analysis, who shall be appointed 
by the President, by and with the advice and consent of the 
Senate. 
‘‘(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary 
for Intelligence and Analysis shall serve as the Chief Intel-
ligence Officer of the Department. 
‘‘(3) OFFICE OF INFRASTRUCTURE PROTECTION.—The Office 
of Infrastructure Protection shall be headed by an Assistant 
Secretary for Infrastructure Protection, who shall be appointed 
by the President. 
‘‘(c) DISCHARGE
OF
RESPONSIBILITIES.—The Secretary shall 
ensure that the responsibilities of the Department relating to 
information analysis and infrastructure protection, including those 
described in subsection (d), are carried out through the Under 
Secretary for Intelligence and Analysis or the Assistant Secretary 
for Infrastructure Protection, as appropriate.’’; 
President. 
6 USC 121. 
Deadline. 
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121 STAT. 333 
PUBLIC LAW 110–53—AUG. 3, 2007 
(3) in subsection (d)— 
(A) in the subsection heading, by striking ‘‘UNDER SEC-
RETARY’’ and inserting ‘‘SECRETARY RELATING TO INTEL-
LIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTION’’; 
(B) in the matter preceding paragraph (1), by striking 
‘‘Subject to the direction’’ and all that follows through 
‘‘Infrastructure Protection’’ and inserting the following: 
‘‘The responsibilities of the Secretary relating to intel-
ligence and analysis and infrastructure protection’’; 
(C) in paragraph (9), as redesignated under section 
510(a)(2)(A)(ii), by striking ‘‘Director of Central Intel-
ligence’’ and inserting ‘‘Director of National Intelligence’’; 
(D) in paragraph (11)(B), as so redesignated, by 
striking ‘‘Director of Central Intelligence’’ and inserting 
‘‘Director of National Intelligence’’; 
(E) by redesignating paragraph (18), as so redesig-
nated, as paragraph (24); and 
(F) by inserting after paragraph (17), as so redesig-
nated, the following: 
‘‘(18) To coordinate and enhance integration among the 
intelligence components of the Department, including through 
strategic oversight of the intelligence activities of such compo-
nents. 
‘‘(19) To establish the intelligence collection, processing, 
analysis, and dissemination priorities, policies, processes, stand-
ards, guidelines, and procedures for the intelligence components 
of the Department, consistent with any directions from the 
President and, as applicable, the Director of National Intel-
ligence. 
‘‘(20) To establish a structure and process to support the 
missions and goals of the intelligence components of the Depart-
ment. 
‘‘(21) To ensure that, whenever possible, the Department— 
‘‘(A) produces and disseminates unclassified reports 
and analytic products based on open-source information; 
and 
‘‘(B) produces and disseminates such reports and ana-
lytic products contemporaneously with reports or analytic 
products concerning the same or similar information that 
the Department produced and disseminated in a classified 
format. 
‘‘(22) To establish within the Office of Intelligence and 
Analysis an internal continuity of operations plan. 
‘‘(23) Based on intelligence priorities set by the President, 
and guidance from the Secretary and, as appropriate, the 
Director of National Intelligence— 
‘‘(A) to provide to the heads of each intelligence compo-
nent of the Department guidance for developing the budget 
pertaining to the activities of such component; and 
‘‘(B) to present to the Secretary a recommendation 
for a consolidated budget for the intelligence components 
of the Department, together with any comments from the 
heads of such components.’’; 
(4) in subsection (e)(1)— 
(A) by striking ‘‘Directorate’’ the first place that term 
appears and inserting ‘‘Office of Intelligence and Analysis 
and the Office of Infrastructure Protection’’; and 
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121 STAT. 334 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) by striking ‘‘the Directorate in discharging’’ and 
inserting ‘‘such offices in discharging’’; 
(5) in subsection (f)(1), by striking ‘‘Directorate’’ and 
inserting ‘‘Office of Intelligence and Analysis and the Office 
of Infrastructure Protection’’; and 
(6) In subsection (g), in the matter preceding paragraph 
(1), by striking ‘‘Under Secretary for Information Analysis and 
Infrastructure Protection’’ and inserting ‘‘Office of Intelligence 
and Analysis and the Office of Infrastructure Protection’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) IN GENERAL.—Such Act is further amended— 
(A) in section 223, by striking ‘‘Under Secretary for 
Information Analysis and Infrastructure Protection’’ and 
inserting ‘‘Under Secretary for Intelligence and Analysis, 
in cooperation with the Assistant Secretary for Infrastruc-
ture Protection’’; 
(B) in section 224, by striking ‘‘Under Secretary for 
Information Analysis and Infrastructure Protection’’ and 
inserting ‘‘Assistant Secretary for Infrastructure Protec-
tion’’; 
(C) in section 302(3), by striking ‘‘Under Secretary 
for Information Analysis and Infrastructure Protection’’ and 
inserting ‘‘Under Secretary for Intelligence and Analysis 
and the Assistant Secretary for Infrastructure Protection’’; 
and 
(D) in section 521(d)— 
(i) in paragraph (1), by striking ‘‘Directorate for 
Information Analysis and Infrastructure Protection’’ 
and inserting ‘‘Office of Intelligence and Analysis’’; and 
(ii) in paragraph (2), by striking ‘‘Under Secretary 
for Information Analysis and Infrastructure Protection’’ 
and inserting ‘‘Under Secretary for Intelligence and 
Analysis’’. 
(2) ADDITIONAL UNDER SECRETARY.—Section 103(a) of the 
Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended— 
(A) by redesignating paragraphs (8) and (9) as para-
graphs (9) and (10), respectively; and 
(B) by inserting after paragraph (7) the following: 
‘‘(8) An Under Secretary responsible for overseeing critical 
infrastructure protection, cybersecurity, and other related pro-
grams of the Department.’’. 
(3) HEADING.—Subtitle A of title II of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 121 et seq.) is amended in the 
subtitle heading by striking ‘‘Directorate for Information’’ 
and inserting ‘‘Information and’’. 
(4) TABLE OF CONTENTS.—The Homeland Security Act of 
2002 (6 U.S.C. 101 et seq.) is amended in the table of contents 
in section 1(b) by striking the items relating to subtitle A 
of title II and section 201 and inserting the following: 
‘‘Subtitle A—Information and Analysis and Infrastructure Protection; Access to 
Information 
‘‘Sec. 201. Information and Analysis and Infrastructure Protection.’’. 
(5) NATIONAL SECURITY ACT OF 1947.—Section 106(b)(2)(I) 
of the National Security Act of 1947 (50 U.S.C. 403–6) is 
amended to read as follows: 
6 USC 321. 
6 USC 182. 
6 USC 144. 
6 USC 143. 
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121 STAT. 335 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(I) The Under Secretary of Homeland Security for 
Intelligence and Analysis.’’. 
(c) TREATMENT
OF INCUMBENT.—The individual administra-
tively performing the duties of the Under Secretary for Intelligence 
and Analysis as of the date of the enactment of this Act may 
continue to perform such duties after the date on which the Presi-
dent nominates an individual to serve as the Under Secretary 
pursuant to section 201 of the Homeland Security Act of 2002, 
as amended by this section, and until the individual so appointed 
assumes the duties of the position. 
Subtitle E—Authorization of 
Appropriations 
SEC. 541. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for each of fiscal years 
2008 through 2012 such sums as may be necessary to carry out 
this title and the amendments made by this title. 
TITLE VI—CONGRESSIONAL OVERSIGHT 
OF INTELLIGENCE 
SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE 
FUNDING INFORMATION. 
(a) AMOUNTS APPROPRIATED EACH FISCAL YEAR.—Not later 
than 30 days after the end of each fiscal year beginning with 
fiscal year 2007, the Director of National Intelligence shall disclose 
to the public the aggregate amount of funds appropriated by Con-
gress for the National Intelligence Program for such fiscal year. 
(b) WAIVER.—Beginning with fiscal year 2009, the President 
may waive or postpone the disclosure required by subsection (a) 
for any fiscal year by, not later than 30 days after the end of 
such fiscal year, submitting to the Select Committee on Intelligence 
of the Senate and Permanent Select Committee on Intelligence 
of the House of Representatives— 
(1) a statement, in unclassified form, that the disclosure 
required in subsection (a) for that fiscal year would damage 
national security; and 
(2) a statement detailing the reasons for the waiver or 
postponement, which may be submitted in classified form. 
(c) DEFINITION.—As used in this section, the term ‘‘National 
Intelligence Program’’ has the meaning given the term in section 
3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)). 
SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD. 
The Public Interest Declassification Act of 2000 (50 U.S.C. 
435 note) is amended— 
(1) by striking ‘‘Director of Central Intelligence’’ each place 
that term appears and inserting ‘‘Director of National Intel-
ligence’’; 
(2) in section 704(e)— 
(A) by striking ‘‘If requested’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—If requested’’; and 
50 USC 435 note. 
President. 
Deadline. 
Submission. 
Deadline. 
50 USC 415c. 
President. 
6 USC 121 note. 
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121 STAT. 336 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) by adding at the end the following: 
‘‘(2) AUTHORITY OF BOARD.—Upon receiving a congressional 
request described in section 703(b)(5), the Board may conduct 
the review and make the recommendations described in that 
section, regardless of whether such a review is requested by 
the President. 
‘‘(3) REPORTING.—Any recommendations submitted to the 
President by the Board under section 703(b)(5), shall be sub-
mitted to the chairman and ranking minority member of the 
committee of Congress that made the request relating to such 
recommendations.’’; 
(3) in section 705(c), in the subsection heading, by striking 
‘‘DIRECTOR
OF
CENTRAL
INTELLIGENCE’’ 
and 
inserting 
‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’; and 
(4) in section 710(b), by striking ‘‘8 years after the date’’ 
and all that follows and inserting ‘‘on December 31, 2012.’’. 
SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/ 
11 COMMISSION RECOMMENDATIONS WITH RESPECT TO 
INTELLIGENCE REFORM AND CONGRESSIONAL INTEL-
LIGENCE OVERSIGHT REFORM. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The National Commission on Terrorist Attacks Upon 
the United States (referred to in this section as the ‘‘9/11 
Commission’’) conducted a lengthy review of the facts and cir-
cumstances relating to the terrorist attacks of September 11, 
2001, including those relating to the intelligence community, 
law enforcement agencies, and the role of congressional over-
sight and resource allocation. 
(2) In its final report, the 9/11 Commission found that— 
(A) congressional oversight of the intelligence activities 
of the United States is dysfunctional; 
(B) under the rules of the Senate and the House of 
Representatives in effect at the time the report was com-
pleted, the committees of Congress charged with oversight 
of the intelligence activities lacked the power, influence, 
and sustained capability to meet the daunting challenges 
faced by the intelligence community of the United States; 
(C) as long as such oversight is governed by such 
rules of the Senate and the House of Representatives, 
the people of the United States will not get the security 
they want and need; 
(D) a strong, stable, and capable congressional com-
mittee structure is needed to give the intelligence commu-
nity of the United States appropriate oversight, support, 
and leadership; and 
(E) the reforms recommended by the 9/11 Commission 
in its final report will not succeed if congressional oversight 
of the intelligence community in the United States is not 
changed. 
(3) The 9/11 Commission recommended structural changes 
to Congress to improve the oversight of intelligence activities. 
(4) Congress has enacted some of the recommendations 
made by the 9/11 Commission and is considering implementing 
additional recommendations of the 9/11 Commission. 
50 USC 435 note. 
50 USC 435 note. 
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121 STAT. 337 
PUBLIC LAW 110–53—AUG. 3, 2007 
(5) The Senate adopted Senate Resolution 445 in the 108th 
Congress to address some of the intelligence oversight rec-
ommendations of the 9/11 Commission by abolishing term limits 
for the members of the Select Committee on Intelligence, clari-
fying jurisdiction for intelligence-related nominations, and 
streamlining procedures for the referral of intelligence-related 
legislation, but other aspects of the 9/11 Commission rec-
ommendations regarding intelligence oversight have not been 
implemented. 
(b) SENSE OF THE SENATE.—It is the sense of the Senate that 
the Committee on Homeland Security and Governmental Affairs 
and the Select Committee on Intelligence of the Senate each, or 
jointly, should— 
(1) undertake a review of the recommendations made in 
the final report of the 9/11 Commission with respect to intel-
ligence reform and congressional intelligence oversight reform; 
(2) review and consider any other suggestions, options, 
or recommendations for improving intelligence oversight; and 
(3) not later than December 21, 2007, submit to the Senate 
a report that includes the recommendations of the committees, 
if any, for carrying out such reforms. 
SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST 
DECLASSIFICATION BOARD. 
Section 21067 of the Continuing Appropriations Resolution, 
2007 (division B of Public Law 109–289; 120 Stat. 1311), as amended 
by Public Law 109–369 (120 Stat. 2642), Public Law 109–383 (120 
Stat. 2678), and Public Law 110–5, is amended by adding at the 
end the following new subsection: 
‘‘(c) From the amount provided by this section, the National 
Archives and Records Administration may obligate monies nec-
essary to carry out the activities of the Public Interest Declassifica-
tion Board.’’. 
SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE 
REPORT ON CENTRAL INTELLIGENCE AGENCY ACCOUNT-
ABILITY REGARDING THE TERRORIST ATTACKS OF SEP-
TEMBER 11, 2001. 
(a) PUBLIC AVAILABILITY.—Not later than 30 days after the 
date of the enactment of this Act, the Director of the Central 
Intelligence Agency shall prepare and make available to the public 
a version of the Executive Summary of the report entitled the 
‘‘Office of Inspector General Report on Central Intelligence Agency 
Accountability Regarding Findings and Conclusions of the Joint 
Inquiry into Intelligence Community Activities Before and After 
the Terrorist Attacks of September 11, 2001’’ issued in June 2005 
that is declassified to the maximum extent possible, consistent 
with national security. 
(b) REPORT TO CONGRESS.—The Director of the Central Intel-
ligence Agency shall submit to Congress a classified annex to the 
redacted Executive Summary made available under subsection (a) 
that explains the reason that any redacted material in the Executive 
Summary was withheld from the public. 
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121 STAT. 338 
PUBLIC LAW 110–53—AUG. 3, 2007 
TITLE VII—STRENGTHENING EFFORTS 
TO PREVENT TERRORIST TRAVEL 
Subtitle A—Terrorist Travel 
SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE 
BORDER SECURITY, ENHANCE GLOBAL DOCUMENT SECU-
RITY, AND EXCHANGE TERRORIST INFORMATION. 
(a) REPORT REQUIRED.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of State and the Sec-
retary of Homeland Security, in conjunction with the Director of 
National Intelligence and the heads of other appropriate Federal 
departments and agencies, shall submit to the appropriate congres-
sional committees a report on efforts of the Government of the 
United States to collaborate with international partners and allies 
of the United States to increase border security, enhance global 
document security, and exchange terrorism information. 
(b) CONTENTS.—The report required by subsection (a) shall 
outline— 
(1) all presidential directives, programs, and strategies for 
carrying out and increasing United States Government efforts 
described in subsection (a); 
(2) the goals and objectives of each of these efforts; 
(3) the progress made in each of these efforts; and 
(4) the projected timelines for each of these efforts to 
become fully functional and effective. 
(c) DEFINITION.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Foreign Affairs, the Committee on 
Homeland Security, the Committee on the Judiciary, and the 
Permanent Select Committee on Intelligence of the House of 
Representatives; and 
(2) the Committee on Foreign Relations, the Committee 
on Homeland Security and Governmental Affairs, the Com-
mittee on the Judiciary, and the Select Committee on Intel-
ligence of the Senate. 
Subtitle B—Visa Waiver 
SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Secure 
Travel and Counterterrorism Partnership Act of 2007’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
(1) the United States should modernize and strengthen 
the security of the visa waiver program under section 217 
of the Immigration and Nationality Act (8 U.S.C. 1187) by 
simultaneously— 
(A) enhancing program security requirements; and 
(B) extending visa-free travel privileges to nationals 
of foreign countries that are partners in the war on 
terrorism— 
(i) that are actively cooperating with the United 
States to prevent terrorist travel, including sharing 
8 USC 1187 note. 
8 USC 1101 note. 
Secure Travel 
and 
Counterterrorism 
Partnership Act 
of 2007. 
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121 STAT. 339 
PUBLIC LAW 110–53—AUG. 3, 2007 
counterterrorism and law enforcement information; 
and 
(ii) whose nationals have demonstrated their 
compliance with the provisions of the Immigration and 
Nationality Act regarding the purpose and duration 
of their admission to the United States; and 
(2) the modernization described in paragraph (1) will— 
(A) 
enhance 
bilateral 
cooperation 
on 
critical 
counterterrorism and information sharing initiatives; 
(B) support and expand tourism and business 
opportunities to enhance long-term economic competitive-
ness; and 
(C) strengthen bilateral relationships. 
(c) DISCRETIONARY VISA WAIVER PROGRAM EXPANSION.—Section 
217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) 
is amended by adding at the end the following new paragraphs: 
‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXIBILITY.— 
‘‘(A) CERTIFICATION.— 
‘‘(i) IN GENERAL.—On the date on which an air 
exit system is in place that can verify the departure 
of not less than 97 percent of foreign nationals who 
exit through airports of the United States and the 
electronic travel authorization system required under 
subsection (h)(3) is fully operational, the Secretary of 
Homeland Security shall certify to Congress that such 
air exit system and electronic travel authorization 
system are in place. 
‘‘(ii) NOTIFICATION TO CONGRESS.—The Secretary 
shall notify Congress in writing of the date on which 
the air exit system under clause (i) fully satisfies the 
biometric requirements specified in subsection (i). 
‘‘(iii) 
TEMPORARY
SUSPENSION
OF
WAIVER 
AUTHORITY.—Notwithstanding any certification made 
under clause (i), if the Secretary has not notified Con-
gress in accordance with clause (ii) by June 30, 2009, 
the Secretary’s waiver authority under subparagraph 
(B) shall be suspended beginning on July 1, 2009, 
until such time as the Secretary makes such notifica-
tion. 
‘‘(iv) RULE
OF
CONSTRUCTION.—Nothing in this 
paragraph shall be construed as in any way abrogating 
the reporting requirements under subsection (i)(3). 
‘‘(B) WAIVER.—After certification by the Secretary 
under subparagraph (A), the Secretary, in consultation with 
the Secretary of State, may waive the application of para-
graph (2)(A) for a country if— 
‘‘(i) the country meets all security requirements 
of this section; 
‘‘(ii) the Secretary of Homeland Security deter-
mines that the totality of the country’s security risk 
mitigation measures provide assurance that the coun-
try’s participation in the program would not com-
promise the law enforcement, security interests, or 
enforcement of the immigration laws of the United 
States; 
‘‘(iii) there has been a sustained reduction in the 
rate of refusals for nonimmigrant visas for nationals 
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121 STAT. 340 
PUBLIC LAW 110–53—AUG. 3, 2007 
of the country and conditions exist to continue such 
reduction; 
‘‘(iv) the country cooperated with the Government 
of the United States on counterterrorism initiatives, 
information sharing, and preventing terrorist travel 
before the date of its designation as a program country, 
and the Secretary of Homeland Security and the Sec-
retary of State determine that such cooperation will 
continue; and 
‘‘(v)(I) the rate of refusals for nonimmigrant visitor 
visas for nationals of the country during the previous 
full fiscal year was not more than ten percent; or 
‘‘(II) the visa overstay rate for the country for 
the previous full fiscal year does not exceed the max-
imum visa overstay rate, once such rate is established 
under subparagraph (C). 
‘‘(C) MAXIMUM VISA OVERSTAY RATE.— 
‘‘(i) REQUIREMENT
TO
ESTABLISH.—After certifi-
cation by the Secretary under subparagraph (A), the 
Secretary and the Secretary of State jointly shall use 
information from the air exit system referred to in 
such subparagraph to establish a maximum visa over-
stay rate for countries participating in the program 
pursuant to a waiver under subparagraph (B). The 
Secretary of Homeland Security shall certify to Con-
gress that such rate would not compromise the law 
enforcement, security interests, or enforcement of the 
immigration laws of the United States. 
‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this para-
graph the term ‘visa overstay rate’ means, with respect 
to a country, the ratio of— 
‘‘(I) the total number of nationals of that 
country who were admitted to the United States 
on the basis of a nonimmigrant visa whose periods 
of authorized stays ended during a fiscal year but 
who remained unlawfully in the United States 
beyond such periods; to 
‘‘(II) the total number of nationals of that 
country who were admitted to the United States 
on the basis of a nonimmigrant visa during that 
fiscal year. 
‘‘(iii) REPORT AND PUBLICATION.—The Secretary of 
Homeland Security shall on the same date submit to 
Congress and publish in the Federal Register informa-
tion relating to the maximum visa overstay rate estab-
lished under clause (i). Not later than 60 days after 
such date, the Secretary shall issue a final maximum 
visa overstay rate above which a country may not 
participate in the program. 
‘‘(9) DISCRETIONARY SECURITY-RELATED CONSIDERATIONS.— 
In determining whether to waive the application of paragraph 
(2)(A) for a country, pursuant to paragraph (8), the Secretary 
of Homeland Security, in consultation with the Secretary of 
State, shall take into consideration other factors affecting the 
security of the United States, including— 
‘‘(A) airport security standards in the country; 
Federal Register, 
publication. 
Certification. 
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121 STAT. 341 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(B) whether the country assists in the operation of 
an effective air marshal program; 
‘‘(C) the standards of passports and travel documents 
issued by the country; and 
‘‘(D) other security-related factors, including the coun-
try’s cooperation with the United States’ initiatives toward 
combating terrorism and the country’s cooperation with 
the United States intelligence community in sharing 
information regarding terrorist threats.’’. 
(d) SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.— 
(1) IN
GENERAL.—Section 217 of the Immigration and 
Nationality Act (8 U.S.C. 1187) is amended— 
(A) in subsection (a), in the flush text following para-
graph (9)— 
(i) by striking ‘‘Operators of aircraft’’ and inserting 
the following: 
‘‘(10) 
ELECTRONIC
TRANSMISSION
OF
IDENTIFICATION 
INFORMATION.—Operators of aircraft’’; and 
(ii) by adding at the end the following new para-
graph: 
‘‘(11) ELIGIBILITY DETERMINATION UNDER THE ELECTRONIC 
TRAVEL
AUTHORIZATION
SYSTEM.—Beginning on the date on 
which the electronic travel authorization system developed 
under subsection (h)(3) is fully operational, each alien traveling 
under the program shall, before applying for admission to the 
United States, electronically provide to the system biographical 
information and such other information as the Secretary of 
Homeland Security shall determine necessary to determine the 
eligibility of, and whether there exists a law enforcement or 
security risk in permitting, the alien to travel to the United 
States. Upon review of such biographical information, the Sec-
retary of Homeland Security shall determine whether the alien 
is eligible to travel to the United States under the program.’’; 
(B) in subsection (c)— 
(i) in paragraph (2)— 
(I) by amending subparagraph (D) to read as 
follows: 
‘‘(D) REPORTING
LOST
AND
STOLEN
PASSPORTS.—The 
government of the country enters into an agreement with 
the United States to report, or make available through 
Interpol or other means as designated by the Secretary 
of Homeland Security, to the United States Government 
information about the theft or loss of passports within 
a strict time limit and in a manner specified in the agree-
ment.’’; and 
(II) by adding at the end the following new 
subparagraphs: 
‘‘(E) REPATRIATION OF ALIENS.—The government of the 
country accepts for repatriation any citizen, former citizen, 
or national of the country against whom a final executable 
order of removal is issued not later than three weeks 
after the issuance of the final order of removal. Nothing 
in this subparagraph creates any duty for the United States 
or any right for any alien with respect to removal or release. 
Nothing in this subparagraph gives rise to any cause of 
action or claim under this paragraph or any other law 
against any official of the United States or of any State 
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121 STAT. 342 
PUBLIC LAW 110–53—AUG. 3, 2007 
to compel the release, removal, or consideration for release 
or removal of any alien. 
‘‘(F) PASSENGER INFORMATION EXCHANGE.—The govern-
ment of the country enters into an agreement with the 
United States to share information regarding whether citi-
zens and nationals of that country traveling to the United 
States represent a threat to the security or welfare of 
the United States or its citizens.’’; 
(ii) in paragraph (5)— 
(I) by striking ‘‘Attorney General’’ each place 
it appears and inserting ‘‘Secretary of Homeland 
Security’’; and 
(II) in subparagraph (A)(i)— 
(aa) in subclause (II), by striking ‘‘and’’ 
at the end; 
(bb) in subclause (III)— 
(AA) by striking ‘‘and the Committee 
on International Relations’’ and inserting 
‘‘, the Committee on Foreign Affairs, and 
the Committee on Homeland Security,’’ 
and by striking ‘‘and the Committee on 
Foreign Relations’’ and inserting ‘‘, the 
Committee on Foreign Relations, and the 
Committee on Homeland Security and 
Governmental Affairs’’; and 
(BB) by striking the period at the end 
and inserting ‘‘; and’’; and 
(cc) by adding at the end the following 
new subclause: 
‘‘(IV) shall submit to Congress a report 
regarding the implementation of the electronic 
travel authorization system under subsection (h)(3) 
and the participation of new countries in the pro-
gram through a waiver under paragraph (8).’’; and 
(III) in subparagraph (B), by adding at the 
end the following new clause: 
‘‘(iv) 
PROGRAM
SUSPENSION
AUTHORITY.—The 
Director of National Intelligence shall immediately 
inform the Secretary of Homeland Security of any cur-
rent and credible threat which poses an imminent 
danger to the United States or its citizens and origi-
nates from a country participating in the visa waiver 
program. Upon receiving such notification, the Sec-
retary, in consultation with the Secretary of State— 
‘‘(I) may suspend a country from the visa 
waiver program without prior notice; 
‘‘(II) shall notify any country suspended under 
subclause (I) and, to the extent practicable without 
disclosing 
sensitive 
intelligence 
sources 
and 
methods, provide justification for the suspension; 
and 
‘‘(III) shall restore the suspended country’s 
participation in the visa waiver program upon a 
determination that the threat no longer poses an 
imminent danger to the United States or its citi-
zens.’’; and 
Notification. 
Reports. 
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121 STAT. 343 
PUBLIC LAW 110–53—AUG. 3, 2007 
(iii) by adding at the end the following new para-
graphs: 
‘‘(10) TECHNICAL ASSISTANCE.—The Secretary of Homeland 
Security, in consultation with the Secretary of State, shall 
provide technical assistance to program countries to assist those 
countries in meeting the requirements under this section. The 
Secretary of Homeland Security shall ensure that the program 
office within the Department of Homeland Security is ade-
quately staffed and has resources to be able to provide such 
technical assistance, in addition to its duties to effectively mon-
itor compliance of the countries participating in the program 
with all the requirements of the program. 
‘‘(11) INDEPENDENT REVIEW.— 
‘‘(A) IN GENERAL.—Prior to the admission of a new 
country into the program under this section, and in conjunc-
tion with the periodic evaluations required under sub-
section (c)(5)(A), the Director of National Intelligence shall 
conduct an independent intelligence assessment of a nomi-
nated country and member of the program. 
‘‘(B) REPORTING REQUIREMENT.—The Director shall pro-
vide to the Secretary of Homeland Security, the Secretary 
of State, and the Attorney General the independent intel-
ligence assessment required under subparagraph (A). 
‘‘(C) CONTENTS.—The independent intelligence assess-
ment conducted by the Director shall include— 
‘‘(i) a review of all current, credible terrorist 
threats of the subject country; 
‘‘(ii) an evaluation of the subject country’s 
counterterrorism efforts; 
‘‘(iii) an evaluation as to the extent of the country’s 
sharing of information beneficial to suppressing ter-
rorist movements, financing, or actions; 
‘‘(iv) an assessment of the risks associated with 
including the subject country in the program; and 
‘‘(v) recommendations to mitigate the risks identi-
fied in clause (iv).’’; 
(C) in subsection (d)— 
(i) by striking ‘‘Attorney General’’ and inserting 
‘‘Secretary of Homeland Security’’; and 
(ii) by adding at the end the following new sen-
tence: ‘‘The Secretary of Homeland Security may not 
waive any eligibility requirement under this section 
unless the Secretary notifies, with respect to the House 
of Representatives, the Committee on Homeland Secu-
rity, the Committee on the Judiciary, the Committee 
on Foreign Affairs, and the Committee on Appropria-
tions, and with respect to the Senate, the Committee 
on Homeland Security and Governmental Affairs, the 
Committee on the Judiciary, the Committee on Foreign 
Relations, and the Committee on Appropriations not 
later than 30 days before the effective date of such 
waiver.’’; 
(D) in subsection (f)(5)— 
(i) by striking ‘‘Attorney General’’ each place it 
appears and inserting ‘‘Secretary of Homeland Secu-
rity’’; and 
Notification. 
Deadline. 
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121 STAT. 344 
PUBLIC LAW 110–53—AUG. 3, 2007 
(ii) by striking ‘‘of blank’’ and inserting ‘‘or loss 
of’’; 
(E) in subsection (h), by adding at the end the following 
new paragraph: 
‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.— 
‘‘(A) SYSTEM.—The Secretary of Homeland Security, 
in consultation with the Secretary of State, shall develop 
and implement a fully automated electronic travel 
authorization system (referred to in this paragraph as the 
‘System’) to collect such biographical and other information 
as the Secretary of Homeland Security determines nec-
essary to determine, in advance of travel, the eligibility 
of, and whether there exists a law enforcement or security 
risk in permitting, the alien to travel to the United States. 
‘‘(B) FEES.—The Secretary of Homeland Security may 
charge a fee for the use of the System, which shall be— 
‘‘(i) set at a level that will ensure recovery of 
the full costs of providing and administering the 
System; and 
‘‘(ii) available to pay the costs incurred to admin-
ister the System. 
‘‘(C) VALIDITY.— 
‘‘(i) PERIOD.—The Secretary of Homeland Security, 
in consultation with the Secretary of State, shall pre-
scribe regulations that provide for a period, not to 
exceed three years, during which a determination of 
eligibility to travel under the program will be valid. 
Notwithstanding any other provision under this sec-
tion, the Secretary of Homeland Security may revoke 
any such determination at any time and for any reason. 
‘‘(ii) LIMITATION.—A determination by the Sec-
retary of Homeland Security that an alien is eligible 
to travel to the United States under the program is 
not a determination that the alien is admissible to 
the United States. 
‘‘(iii) NOT A DETERMINATION OF VISA ELIGIBILITY.— 
A determination by the Secretary of Homeland Security 
that an alien who applied for authorization to travel 
to the United States through the System is not eligible 
to travel under the program is not a determination 
of eligibility for a visa to travel to the United States 
and shall not preclude the alien from applying for 
a visa. 
‘‘(iv) 
JUDICIAL
REVIEW.—Notwithstanding 
any 
other provision of law, no court shall have jurisdiction 
to review an eligibility determination under the 
System. 
‘‘(D) REPORT.—Not later than 60 days before publishing 
notice regarding the implementation of the System in the 
Federal Register, the Secretary of Homeland Security shall 
submit a report regarding the implementation of the system 
to— 
‘‘(i) the Committee on Homeland Security of the 
House of Representatives; 
‘‘(ii) the Committee on the Judiciary of the House 
of Representatives; 
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121 STAT. 345 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(iii) the Committee on Foreign Affairs of the 
House of Representatives; 
‘‘(iv) the Permanent Select Committee on Intel-
ligence of the House of Representatives; 
‘‘(v) the Committee on Appropriations of the House 
of Representatives; 
‘‘(vi) the Committee on Homeland Security and 
Governmental Affairs of the Senate; 
‘‘(vii) the Committee on the Judiciary of the Senate; 
‘‘(viii) the Committee on Foreign Relations of the 
Senate; 
‘‘(ix) the Select Committee on Intelligence of the 
Senate; and 
‘‘(x) the Committee on Appropriations of the 
Senate.’’; and 
(F) by adding at the end the following new subsection: 
‘‘(i) EXIT SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this subsection, the Secretary of Homeland 
Security shall establish an exit system that records the depar-
ture on a flight leaving the United States of every alien partici-
pating in the visa waiver program established under this sec-
tion. 
‘‘(2) SYSTEM REQUIREMENTS.—The system established under 
paragraph (1) shall— 
‘‘(A) match biometric information of the alien against 
relevant watch lists and immigration information; and 
‘‘(B) compare such biometric information against mani-
fest information collected by air carriers on passengers 
departing the United States to confirm such aliens have 
departed the United States. 
‘‘(3) REPORT.—Not later than 180 days after the date of 
the enactment of this subsection, the Secretary shall submit 
to Congress a report that describes— 
‘‘(A) the progress made in developing and deploying 
the exit system established under this subsection; and 
‘‘(B) the procedures by which the Secretary shall 
improve the method of calculating the rates of non-
immigrants who overstay their authorized period of stay 
in the United States.’’. 
(2) EFFECTIVE DATE.—Section 217(a)(11) of the Immigration 
and Nationality Act, as added by paragraph (1)(A)(ii), shall 
take effect on the date that is 60 days after the date on 
which the Secretary of Homeland Security publishes notice 
in the Federal Register of the requirement under such para-
graph. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Homeland Security such 
sums as may be necessary to carry out this section and the amend-
ments made by this section. 
Federal Register, 
publication. 
8 USC 1187 note. 
Deadline. 
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121 STAT. 346 
PUBLIC LAW 110–53—AUG. 3, 2007 
Subtitle C—Strengthening Terrorism 
Prevention Programs 
SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUG-
GLING AND TRAFFICKING CENTER. 
(a) IN GENERAL.—Section 7202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended— 
(1) in subsection (c)(1), by striking ‘‘address’’ and inserting 
‘‘integrate and disseminate intelligence and information related 
to’’; 
(2) by redesignating subsections (d) and (e) as subsections 
(g) and (h), respectively; and 
(3) by inserting after subsection (c) the following new sub-
sections: 
‘‘(d) DIRECTOR.—The Secretary of Homeland Security shall 
nominate an official of the Government of the United States to 
serve as the Director of the Center, in accordance with the require-
ments of the memorandum of understanding entitled the ‘Human 
Smuggling and Trafficking Center (HSTC) Charter’. 
‘‘(e) STAFFING OF THE CENTER.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland Security, 
in cooperation with heads of other relevant agencies and depart-
ments, shall ensure that the Center is staffed with not fewer 
than 40 full-time equivalent positions, including, as appro-
priate, detailees from the following: 
‘‘(A) Agencies and offices within the Department of 
Homeland Security, including the following: 
‘‘(i) The Office of Intelligence and Analysis. 
‘‘(ii) The Transportation Security Administration. 
‘‘(iii) United States Citizenship and Immigration 
Services. 
‘‘(iv) United States Customs and Border Protection. 
‘‘(v) The United States Coast Guard. 
‘‘(vi) United States Immigration and Customs 
Enforcement. 
‘‘(B) Other departments, agencies, or entities, including 
the following: 
‘‘(i) The Central Intelligence Agency. 
‘‘(ii) The Department of Defense. 
‘‘(iii) The Department of the Treasury. 
‘‘(iv) The National Counterterrorism Center. 
‘‘(v) The National Security Agency. 
‘‘(vi) The Department of Justice. 
‘‘(vii) The Department of State. 
‘‘(viii) Any other relevant agency or department. 
‘‘(2) EXPERTISE OF DETAILEES.—The Secretary of Homeland 
Security, in cooperation with the head of each agency, depart-
ment, or other entity referred to in paragraph (1), shall ensure 
that the detailees provided to the Center under such paragraph 
include an adequate number of personnel who are— 
‘‘(A) intelligence analysts or special agents with dem-
onstrated experience related to human smuggling, traf-
ficking in persons, or terrorist travel; and 
‘‘(B) personnel with experience in the areas of— 
‘‘(i) consular affairs; 
‘‘(ii) counterterrorism; 
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121 STAT. 347 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(iii) criminal law enforcement; 
‘‘(iv) intelligence analysis; 
‘‘(v) prevention and detection of document fraud; 
‘‘(vi) border inspection; 
‘‘(vii) immigration enforcement; or 
‘‘(viii) human trafficking and combating severe 
forms of trafficking in persons. 
‘‘(3) ENHANCED PERSONNEL MANAGEMENT.— 
‘‘(A) INCENTIVES FOR SERVICE IN CERTAIN POSITIONS.— 
‘‘(i) IN
GENERAL.—The Secretary of Homeland 
Security, and the heads of other relevant agencies, 
shall prescribe regulations or promulgate personnel 
policies to provide incentives for service on the staff 
of the Center, particularly for serving terms of at least 
two years duration. 
‘‘(ii) FORMS
OF
INCENTIVES.—Incentives under 
clause (i) may include financial incentives, bonuses, 
and such other awards and incentives as the Secretary 
and the heads of other relevant agencies, consider 
appropriate. 
‘‘(B) ENHANCED
PROMOTION
FOR
SERVICE
AT
THE 
CENTER.—Notwithstanding any other provision of law, the 
Secretary of Homeland Security, and the heads of other 
relevant agencies, shall ensure that personnel who are 
assigned or detailed to service at the Center shall be consid-
ered for promotion at rates equivalent to or better than 
similarly situated personnel of such agencies who are not 
so assigned or detailed, except that this subparagraph shall 
not apply in the case of personnel who are subject to 
the provisions of the Foreign Service Act of 1980. 
‘‘(f) ADMINISTRATIVE SUPPORT
AND FUNDING.—The Secretary 
of Homeland Security shall provide to the Center the administrative 
support and funding required for its maintenance, including funding 
for personnel, leasing of office space, supplies, equipment, tech-
nology, training, and travel expenses necessary for the Center to 
carry out its functions.’’. 
(b) REPORT.—Subsection (g) of section 7202 of the Intelligence 
Reform and Terrorism Prevention Act of 2004, as redesignated 
by subsection (a)(2), is amended to read as follows: 
‘‘(g) REPORT.— 
‘‘(1) INITIAL
REPORT.—Not later than 180 days after 
December 17, 2004, the President shall transmit to Congress 
a report regarding the implementation of this section, including 
a description of the staffing and resource needs of the Center. 
‘‘(2) FOLLOW-UP REPORT.—Not later than 180 days after 
the date of the enactment of the Implementing Recommenda-
tions of the 9/11 Commission Act of 2007, the President shall 
transmit to Congress a report regarding the operation of the 
Center and the activities carried out by the Center, including 
a description of— 
‘‘(A) the roles and responsibilities of each agency or 
department that is participating in the Center; 
‘‘(B) the mechanisms used to share information among 
each such agency or department; 
‘‘(C) the personnel provided to the Center by each 
such agency or department; 
President. 
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121 STAT. 348 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(D) the type of information and reports being dissemi-
nated by the Center; 
‘‘(E) any efforts by the Center to create a centralized 
Federal Government database to store information related 
to unlawful travel of foreign nationals, including a descrip-
tion of any such database and of the manner in which 
information utilized in such a database would be collected, 
stored, and shared; 
‘‘(F) how each agency and department shall utilize 
its resources to ensure that the Center uses intelligence 
to focus and drive its efforts; 
‘‘(G) efforts to consolidate networked systems for the 
Center; 
‘‘(H) the mechanisms for the sharing of homeland secu-
rity information from the Center to the Office of Intel-
ligence and Analysis, including how such sharing shall 
be consistent with section 1016(b); 
‘‘(I) the ability of participating personnel in the Center 
to freely access necessary databases and share information 
regarding issues related to human smuggling, trafficking 
in persons, and terrorist travel; 
‘‘(J) how the assignment of personnel to the Center 
is incorporated into the civil service career path of such 
personnel; and 
‘‘(K) cooperation and coordination efforts, including any 
memorandums of understanding, among participating 
agencies and departments regarding issues related to 
human smuggling, trafficking in persons, and terrorist 
travel.’’. 
(c) COORDINATION WITH
THE OFFICE
OF INTELLIGENCE
AND 
ANALYSIS.—Section 7202 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 is amended by adding after subsection 
(h), as redesignated by subsection (a)(2), the following new sub-
section: 
‘‘(i) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND 
ANALYSIS.—The Office of Intelligence and Analysis, in coordination 
with the Center, shall submit to relevant State, local, and tribal 
law enforcement agencies periodic reports regarding terrorist 
threats related to human smuggling, human trafficking, and ter-
rorist travel.’’. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Homeland Security 
$20,000,000 for fiscal year 2008 to carry out section 7202 of the 
Intelligence Reform and Terrorism Prevention Act of 2004, as 
amended by this section. 
SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM. 
Section 7215 of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (6 U.S.C. 123) is amended to read as follows: 
‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM. 
‘‘(a) REQUIREMENT TO ESTABLISH.—Not later than 90 days after 
the date of the enactment of the Implementing Recommendations 
of the 9/11 Commission Act of 2007, the Secretary of Homeland 
Security, in consultation with the Director of the National 
Counterterrorism Center and consistent with the strategy developed 
under section 7201, shall establish a program to oversee the 
Deadline. 
Reports. 
8 USC 1777. 
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121 STAT. 349 
PUBLIC LAW 110–53—AUG. 3, 2007 
implementation of the Secretary’s responsibilities with respect to 
terrorist travel. 
‘‘(b) HEAD OF THE PROGRAM.—The Secretary of Homeland Secu-
rity shall designate an official of the Department of Homeland 
Security to be responsible for carrying out the program. Such official 
shall be— 
‘‘(1) the Assistant Secretary for Policy of the Department 
of Homeland Security; or 
‘‘(2) an official appointed by the Secretary who reports 
directly to the Secretary. 
‘‘(c) DUTIES.—The official designated under subsection (b) shall 
assist the Secretary of Homeland Security in improving the Depart-
ment’s ability to prevent terrorists from entering the United States 
or remaining in the United States undetected by— 
‘‘(1) developing relevant strategies and policies; 
‘‘(2) reviewing the effectiveness of existing programs and 
recommending improvements, if necessary; 
‘‘(3) making recommendations on budget requests and on 
the allocation of funding and personnel; 
‘‘(4) ensuring effective coordination, with respect to policies, 
programs, planning, operations, and dissemination of intel-
ligence and information related to terrorist travel— 
‘‘(A) among appropriate subdivisions of the Department 
of Homeland Security, as determined by the Secretary and 
including— 
‘‘(i) United States Customs and Border Protection; 
‘‘(ii) United States Immigration and Customs 
Enforcement; 
‘‘(iii) United States Citizenship and Immigration 
Services; 
‘‘(iv) the Transportation Security Administration; 
and 
‘‘(v) the United States Coast Guard; and 
‘‘(B) between the Department of Homeland Security 
and other appropriate Federal agencies; and 
‘‘(5) serving as the Secretary’s primary point of contact 
with the National Counterterrorism Center for implementing 
initiatives related to terrorist travel and ensuring that the 
recommendations of the Center related to terrorist travel are 
carried out by the Department. 
‘‘(d) REPORT.—Not later than 180 days after the date of the 
enactment of the Implementing Recommendations of the 9/11 
Commission Act of 2007, the Secretary of Homeland Security 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 on the implementation 
of this section.’’. 
SEC. 723. ENHANCED DRIVER’S LICENSE. 
Section 7209(b)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended— 
(1) in subparagraph (B)— 
(A) in clause (vi), by striking ‘‘and’’ at the end; 
(B) in clause (vii), by striking the period at the end 
and inserting ‘‘; and’’; and 
(C) by adding at the end the following new clause: 
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121 STAT. 350 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(viii) the signing of a memorandum of agreement 
to initiate a pilot program with not less than one 
State to determine if an enhanced driver’s license, 
which is machine-readable and tamper proof, not valid 
for certification of citizenship for any purpose other 
than admission into the United States from Canada 
or Mexico, and issued by such State to an individual, 
may permit the individual to use the driver’s license 
to meet the documentation requirements under 
subparagraph (A) for entry into the United States from 
Canada or Mexico at land and sea ports of entry.’’; 
and 
(2) by adding at the end the following new subparagraph: 
‘‘(C) REPORT.—Not later than 180 days after the initi-
ation of the pilot program described in subparagraph 
(B)(viii), the Secretary of Homeland Security and the Sec-
retary of State shall submit to the appropriate congres-
sional committees a report which includes— 
‘‘(i) an analysis of the impact of the pilot program 
on national security; 
‘‘(ii) recommendations on how to expand the pilot 
program to other States; 
‘‘(iii) any appropriate statutory changes to facilitate 
the expansion of the pilot program to additional States 
and to citizens of Canada; 
‘‘(iv) a plan to screen individuals participating in 
the pilot program against United States terrorist watch 
lists; and 
‘‘(v) a recommendation for the type of machine- 
readable technology that should be used in enhanced 
driver’s licenses, based on individual privacy consider-
ations and the costs and feasibility of incorporating 
any new technology into existing driver’s licenses.’’. 
SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE. 
Before the Secretary of Homeland Security publishes a final 
rule in the Federal Register implementing section 7209 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public 
Law 108–458; 8 U.S.C. 1185 note)— 
(1) the Secretary of Homeland Security shall complete a 
cost-benefit analysis of the Western Hemisphere Travel Initia-
tive, authorized under such section 7209; and 
(2) the Secretary of State shall develop proposals for 
reducing the execution fee charged for the passport card, pro-
posed at 71 Fed. Reg. 60928–32 (October 17, 2006), including 
the use of mobile application teams, during implementation 
of the land and sea phase of the Western Hemisphere Travel 
Initiative, in order to encourage United States citizens to apply 
for the passport card. 
SEC. 725. MODEL PORTS-OF-ENTRY. 
(a) IN GENERAL.—The Secretary of Homeland Security shall— 
(1) establish a model ports-of-entry program for the purpose 
of providing a more efficient and welcoming international 
arrival process in order to facilitate and promote business and 
tourist travel to the United States, while also improving secu-
rity; and 
8 USC 1752a. 
Regulations. 
Federal Register, 
publication. 
8 USC 1185 note. 
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121 STAT. 351 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) implement the program initially at the 20 United States 
international airports that have the highest number of foreign 
visitors arriving annually as of the date of the enactment 
of this Act. 
(b) PROGRAM ELEMENTS.—The program shall include— 
(1) enhanced queue management in the Federal Inspection 
Services area leading up to primary inspection; 
(2) assistance for foreign travelers once they have been 
admitted to the United States, in consultation, as appropriate, 
with relevant governmental and nongovernmental entities; and 
(3) instructional videos, in English and such other lan-
guages as the Secretary determines appropriate, in the Federal 
Inspection Services area that explain the United States inspec-
tion process and feature national, regional, or local welcome 
videos. 
(c) ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS 
FOR HIGH-VOLUME PORTS.—Subject to the availability of appropria-
tions, not later than the end of fiscal year 2008 the Secretary 
of Homeland Security shall employ not fewer than an additional 
200 Customs and Border Protection officers over the number of 
such positions for which funds were appropriated for the proceeding 
fiscal year to address staff shortages at the 20 United States inter-
national airports that have the highest number of foreign visitors 
arriving annually as of the date of the enactment of this Act. 
Subtitle D—Miscellaneous Provisions 
SEC. 731. REPORT REGARDING BORDER SECURITY. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Homeland Security 
shall submit to Congress a report regarding ongoing initiatives 
of the Department of Homeland Security to improve security along 
the northern border of the United States. 
(b) CONTENTS.—The report submitted under subsection (a) 
shall— 
(1) address the vulnerabilities along the northern border 
of the United States; and 
(2) 
provide 
recommendations 
to 
address 
such 
vulnerabilities, including required resources needed to protect 
the northern border of the United States. 
(c) GOVERNMENT ACCOUNTABILITY OFFICE.—Not later than 270 
days after the date of the submission of the report under subsection 
(a), the Comptroller General of the United States shall submit 
to Congress a report that— 
(1) reviews and comments on the report under subsection 
(a); and 
(2) provides recommendations regarding any additional 
actions necessary to protect the northern border of the United 
States. 
Deadline. 
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121 STAT. 352 
PUBLIC LAW 110–53—AUG. 3, 2007 
TITLE VIII—PRIVACY AND CIVIL 
LIBERTIES 
SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND 
CIVIL LIBERTIES OVERSIGHT BOARD. 
(a) MODIFICATION
OF
AUTHORITIES.—Section 1061 of the 
National Security Intelligence Reform Act of 2004 (5 U.S.C. 601 
note) is amended to read as follows: 
‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD. 
‘‘(a) IN GENERAL.—There is established as an independent 
agency within the executive branch a Privacy and Civil Liberties 
Oversight Board (referred to in this section as the ‘Board’). 
‘‘(b) FINDINGS.—Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress 
makes the following findings: 
‘‘(1) In conducting the war on terrorism, the Government 
may need additional powers and may need to enhance the 
use of its existing powers. 
‘‘(2) This shift of power and authority to the Government 
calls for an enhanced system of checks and balances to protect 
the precious liberties that are vital to our way of life and 
to ensure that the Government uses its powers for the purposes 
for which the powers were given. 
‘‘(3) The National Commission on Terrorist Attacks Upon 
the United States correctly concluded that ‘The choice between 
security and liberty is a false choice, as nothing is more likely 
to endanger America’s liberties than the success of a terrorist 
attack at home. Our history has shown us that insecurity 
threatens liberty. Yet, if our liberties are curtailed, we lose 
the values that we are struggling to defend.’. 
‘‘(c) PURPOSE.—The Board shall— 
‘‘(1) analyze and review actions the executive branch takes 
to protect the Nation from terrorism, ensuring that the need 
for such actions is balanced with the need to protect privacy 
and civil liberties; and 
‘‘(2) ensure that liberty concerns are appropriately consid-
ered in the development and implementation of laws, regula-
tions, and policies related to efforts to protect the Nation 
against terrorism. 
‘‘(d) FUNCTIONS.— 
‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND 
IMPLEMENTATION.—The Board shall— 
‘‘(A) review proposed legislation, regulations, and poli-
cies related to efforts to protect the Nation from terrorism, 
including the development and adoption of information 
sharing guidelines under subsections (d) and (f) of section 
1016; 
‘‘(B) review the implementation of new and existing 
legislation, regulations, and policies related to efforts to 
protect 
the 
Nation 
from 
terrorism, 
including 
the 
implementation of information sharing guidelines under 
subsections (d) and (f) of section 1016; 
‘‘(C) advise the President and the departments, agen-
cies, and elements of the executive branch to ensure that 
privacy and civil liberties are appropriately considered in 
Establishment. 
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121 STAT. 353 
PUBLIC LAW 110–53—AUG. 3, 2007 
the development and implementation of such legislation, 
regulations, policies, and guidelines; and 
‘‘(D) in providing advice on proposals to retain or 
enhance 
a 
particular 
governmental 
power, 
consider 
whether the department, agency, or element of the execu-
tive branch has established— 
‘‘(i) that the need for the power is balanced with 
the need to protect privacy and civil liberties; 
‘‘(ii) that there is adequate supervision of the use 
by the executive branch of the power to ensure protec-
tion of privacy and civil liberties; and 
‘‘(iii) that there are adequate guidelines and over-
sight to properly confine its use. 
‘‘(2) OVERSIGHT.—The Board shall continually review— 
‘‘(A) the regulations, policies, and procedures, and the 
implementation of the regulations, policies, and procedures, 
of the departments, agencies, and elements of the executive 
branch relating to efforts to protect the Nation from ter-
rorism to ensure that privacy and civil liberties are pro-
tected; 
‘‘(B) the information sharing practices of the depart-
ments, agencies, and elements of the executive branch 
relating to efforts to protect the Nation from terrorism 
to determine whether they appropriately protect privacy 
and civil liberties and adhere to the information sharing 
guidelines issued or developed under subsections (d) and 
(f) of section 1016 and to other governing laws, regulations, 
and policies regarding privacy and civil liberties; and 
‘‘(C) other actions by the executive branch relating 
to efforts to protect the Nation from terrorism to determine 
whether such actions— 
‘‘(i) appropriately protect privacy and civil liberties; 
and 
‘‘(ii) are consistent with governing laws, regula-
tions, and policies regarding privacy and civil liberties. 
‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFI-
CERS.—The Board shall— 
‘‘(A) receive and review reports and other information 
from privacy officers and civil liberties officers under sec-
tion 1062; 
‘‘(B) when appropriate, make recommendations to such 
privacy officers and civil liberties officers regarding their 
activities; and 
‘‘(C) when appropriate, coordinate the activities of such 
privacy officers and civil liberties officers on relevant inter-
agency matters. 
‘‘(4) TESTIMONY.—The members of the Board shall appear 
and testify before Congress upon request. 
‘‘(e) REPORTS.— 
‘‘(1) IN GENERAL.—The Board shall— 
‘‘(A) receive and review reports from privacy officers 
and civil liberties officers under section 1062; and 
‘‘(B) periodically submit, not less than semiannually, 
reports— 
‘‘(i)(I) to the appropriate committees of Congress, 
including the Committee on the Judiciary of the 
Senate, the Committee on the Judiciary of the House 
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121 STAT. 354 
PUBLIC LAW 110–53—AUG. 3, 2007 
of Representatives, the Committee on Homeland Secu-
rity and Governmental Affairs of the Senate, the Com-
mittee on Homeland Security of the House of Rep-
resentatives, the Committee on Oversight and Govern-
ment 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; and 
‘‘(II) to the President; and 
‘‘(ii) which shall be in unclassified form to the 
greatest extent possible, with a classified annex where 
necessary. 
‘‘(2) CONTENTS.—Not less than 2 reports submitted each 
year under paragraph (1)(B) shall include— 
‘‘(A) a description of the major activities of the Board 
during the preceding period; 
‘‘(B) information on the findings, conclusions, and rec-
ommendations of the Board resulting from its advice and 
oversight functions under subsection (d); 
‘‘(C) the minority views on any findings, conclusions, 
and recommendations of the Board resulting from its advice 
and oversight functions under subsection (d); 
‘‘(D) each proposal reviewed by the Board under sub-
section (d)(1) that— 
‘‘(i) the Board advised against implementation; and 
‘‘(ii) notwithstanding such advice, actions were 
taken to implement; and 
‘‘(E) for the preceding period, any requests submitted 
under subsection (g)(1)(D) for the issuance of subpoenas 
that were modified or denied by the Attorney General. 
‘‘(f) INFORMING THE PUBLIC.—The Board shall— 
‘‘(1) make its reports, including its 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) hold public hearings and otherwise inform the public 
of its activities, as appropriate and in a manner consistent 
with the protection of classified information and applicable 
law. 
‘‘(g) ACCESS TO INFORMATION.— 
‘‘(1) AUTHORIZATION.—If determined by the Board to be 
necessary to carry out its responsibilities under this section, 
the Board is authorized to— 
‘‘(A) have access from any department, agency, or ele-
ment of the executive branch, or any Federal officer or 
employee of any such department, agency, or element, to 
all relevant records, reports, audits, reviews, documents, 
papers, recommendations, or other relevant material, 
including classified information consistent with applicable 
law; 
‘‘(B) interview, take statements from, or take public 
testimony from personnel of any department, agency, or 
element of the executive branch, or any Federal officer 
or employee of any such department, agency, or element; 
‘‘(C) request information or assistance from any State, 
tribal, or local government; and 
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121 STAT. 355 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(D) at the direction of a majority of the members 
of the Board, submit a written request to the Attorney 
General of the United States that the Attorney General 
require, by subpoena, persons (other than departments, 
agencies, and elements of the executive branch) to produce 
any relevant information, documents, reports, answers, 
records, accounts, papers, and other documentary or testi-
monial evidence. 
‘‘(2) REVIEW OF SUBPOENA REQUEST.— 
‘‘(A) IN GENERAL.—Not later than 30 days after the 
date of receipt of a request by the Board under paragraph 
(1)(D), the Attorney General shall— 
‘‘(i) issue the subpoena as requested; or 
‘‘(ii) provide the Board, in writing, with an expla-
nation of the grounds on which the subpoena request 
has been modified or denied. 
‘‘(B) NOTIFICATION.—If a subpoena request is modified 
or denied under subparagraph (A)(ii), the Attorney General 
shall, not later than 30 days after the date of that modifica-
tion or denial, notify the Committee on the Judiciary of 
the Senate and the Committee on the Judiciary of the 
House of Representatives. 
‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case of contumacy 
or failure to obey a subpoena issued pursuant to 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. 
‘‘(4) AGENCY
COOPERATION.—Whenever information or 
assistance requested under subparagraph (A) or (B) of para-
graph (1) is, in the judgment of the Board, unreasonably refused 
or not provided, the Board shall report the circumstances to 
the head of the department, agency, or element concerned with-
out delay. The head of the department, agency, or element 
concerned shall ensure that the Board is given access to the 
information, assistance, material, or personnel the Board deter-
mines to be necessary to carry out its functions. 
‘‘(h) 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 and with the advice and consent 
of the Senate. 
‘‘(2) QUALIFICATIONS.—Members of the Board shall be 
selected solely on the basis of their professional 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 Presi-
dent 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 capacity as a member of the Board. 
President. 
President. 
Congress. 
Deadlines. 
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121 STAT. 356 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(4) TERM.—Each member of the Board shall serve a term 
of 6 years, except that— 
‘‘(A) a member appointed to a term of office after 
the commencement of such term may serve under such 
appointment only for the remainder of such term; and 
‘‘(B) upon the expiration of the term of office of a 
member, the member shall continue to serve until the 
member’s successor has been appointed and qualified, 
except 
that 
no 
member 
may 
serve 
under 
this 
subparagraph— 
‘‘(i) for more than 60 days when Congress 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. 
‘‘(5) QUORUM AND MEETINGS.—The Board shall meet upon 
the call of the chairman or a majority of its members. Three 
members of the Board shall constitute a quorum. 
‘‘(i) COMPENSATION AND TRAVEL EXPENSES.— 
‘‘(1) COMPENSATION.— 
‘‘(A) CHAIRMAN.—The chairman of the Board shall be 
compensated at the rate of pay payable for a position 
at level III of the Executive Schedule under section 5314 
of title 5, United States Code. 
‘‘(B) MEMBERS.—Each member of the Board shall be 
compensated at a rate of pay payable for a position at 
level IV of the Executive Schedule under section 5315 
of title 5, United States Code, for each day during which 
that member is engaged in the actual performance of the 
duties of the Board. 
‘‘(2) TRAVEL EXPENSES.—Members of the Board shall be 
allowed travel expenses, including per diem in lieu of subsist-
ence, at rates authorized for persons employed intermittently 
by the Government under section 5703(b) of title 5, United 
States Code, while away from their homes or regular places 
of business in the performance of services for the Board. 
‘‘(j) STAFF.— 
‘‘(1) APPOINTMENT AND COMPENSATION.—The chairman of 
the Board, in accordance with rules agreed upon by the Board, 
shall appoint and fix the compensation of a full-time executive 
director and such other personnel as may be necessary to 
enable the Board to carry out its functions, without regard 
to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard 
to the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule 
pay rates, except that no rate of pay fixed under this subsection 
may exceed the equivalent of that payable for a position at 
level V of the Executive Schedule under section 5316 of title 
5, United States Code. 
‘‘(2) DETAILEES.—Any Federal employee may be detailed 
to the Board without reimbursement from the Board, and such 
detailee shall retain the rights, status, and privileges of the 
detailee’s regular employment without interruption. 
‘‘(3) CONSULTANT SERVICES.—The Board may procure the 
temporary or intermittent services of experts and consultants 
in accordance with section 3109 of title 5, United States Code, 
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121 STAT. 357 
PUBLIC LAW 110–53—AUG. 3, 2007 
at rates that do not exceed the daily rate paid a person occu-
pying a position at level IV of the Executive Schedule under 
section 5315 of such title. 
‘‘(k) SECURITY CLEARANCES.— 
‘‘(1) IN GENERAL.—The appropriate departments, agencies, 
and elements of the executive branch shall cooperate with 
the Board to expeditiously provide the Board members and 
staff with appropriate security clearances to the extent possible 
under existing procedures and requirements. 
‘‘(2) RULES AND PROCEDURES.—After consultation with the 
Secretary of Defense, the Attorney General, and the Director 
of National Intelligence, the Board shall adopt rules and proce-
dures of the Board for physical, communications, computer, 
document, personnel, and other security relating to carrying 
out the functions of the Board. 
‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTEE.— 
The Board— 
‘‘(1) is an agency (as defined in section 551(1) of title 
5, United States Code); and 
‘‘(2) is not an advisory committee (as defined in section 
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)). 
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to carry out this section amounts as follows: 
‘‘(1) For fiscal year 2008, $5,000,000. 
‘‘(2) For fiscal year 2009, $6,650,000. 
‘‘(3) For fiscal year 2010, $8,300,000. 
‘‘(4) For fiscal year 2011, $10,000,000. 
‘‘(5) For fiscal year 2012 and each subsequent fiscal year, 
such sums as may be necessary.’’. 
(b) SECURITY RULES AND PROCEDURES.—The Privacy and Civil 
Liberties Oversight Board shall promptly adopt the security rules 
and procedures required under section 1061(k)(2) of the National 
Security Intelligence Reform Act of 2004 (as added by subsection 
(a) of this section). 
(c) TRANSITION PROVISIONS.— 
(1) TREATMENT OF INCUMBENT MEMBERS OF THE PRIVACY 
AND CIVIL LIBERTIES OVERSIGHT BOARD.— 
(A) CONTINUATION OF SERVICE.—Any individual who 
is a member of the Privacy and Civil Liberties Oversight 
Board on the date of enactment of this Act may continue 
to serve on the Board until 180 days after the date of 
enactment of this Act. 
(B) TERMINATION OF TERMS.—The term of any indi-
vidual who is a member of the Privacy and Civil Liberties 
Oversight Board on the date of enactment of this Act 
shall terminate 180 days after the date of enactment of 
this Act. 
(2) APPOINTMENTS.— 
(A) IN GENERAL.—The President and the Senate shall 
take such actions as necessary for the President, by and 
with the advice and consent of the Senate, to appoint 
members to the Privacy and Civil Liberties Oversight Board 
as constituted under the amendments made by subsection 
(a) in a timely manner to provide for the continuing oper-
ation of the Board and orderly implementation of this sec-
tion. 
Congress. 
President. 
42 USC 2000ee 
note. 
42 USC 2000ee 
note. 
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121 STAT. 358 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) DESIGNATIONS.—In making the appointments 
described under subparagraph (A) of the first members 
of the Privacy and Civil Liberties Oversight Board as con-
stituted under the amendments made by subsection (a), 
the President shall provide for the members to serve terms 
of 2, 3, 4, 5, and 6 years beginning on the effective date 
described under subsection (d)(1), with the term of each 
such member to be designated by the President. 
(d) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by subsection 
(a) and subsection (b) shall take effect 180 days after the 
date of enactment of this Act. 
(2) TRANSITION PROVISIONS.—Subsection (c) shall take effect 
on the date of enactment of this Act. 
SEC. 802. 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 RESPONSIBILITIES.— 
’’ before ‘‘The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(b) AUTHORITY TO INVESTIGATE.— 
‘‘(1) IN GENERAL.—The senior official appointed under sub-
section (a) may— 
‘‘(A) have access to all records, reports, audits, reviews, 
documents, papers, recommendations, and other materials 
available to the Department 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 as are, in the senior official’s judgment, nec-
essary or desirable; 
‘‘(C) subject to the approval of the Secretary, 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 necessary to perform-
ance of the responsibilities of the senior official under this 
section. 
‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any subpoena issued 
under paragraph (1)(C) shall, in the 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 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) SUPERVISION AND COORDINATION.— 
‘‘(1) IN GENERAL.—The senior official appointed under sub-
section (a) shall— 
42 USC 2000ee 
note. 
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121 STAT. 359 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(A) report to, and be under the general supervision 
of, the Secretary; and 
‘‘(B) coordinate activities with the Inspector General 
of the Department in order to avoid duplication of effort. 
‘‘(2) COORDINATION WITH THE INSPECTOR GENERAL.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), the senior official appointed under subsection (a) may 
investigate any matter relating to possible violations or 
abuse concerning the administration of any program or 
operation of the Department relevant to the purposes under 
this section. 
‘‘(B) COORDINATION.— 
‘‘(i) REFERRAL.—Before initiating any investigation 
described under subparagraph (A), the senior official 
shall refer the matter and all related complaints, 
allegations, and information to the Inspector General 
of the Department. 
‘‘(ii) DETERMINATIONS AND NOTIFICATIONS BY THE 
INSPECTOR GENERAL.— 
‘‘(I) IN GENERAL.—Not later than 30 days after 
the receipt of a matter referred under clause (i), 
the Inspector General shall— 
‘‘(aa) make a determination regarding 
whether the Inspector General intends to ini-
tiate an audit or investigation of the matter 
referred under clause (i); and 
‘‘(bb) notify the senior official of that deter-
mination. 
‘‘(II) INVESTIGATION
NOT
INITIATED.—If the 
Inspector General notifies the senior official under 
subclause (I)(bb) that the Inspector General 
intended to initiate an audit or investigation, but 
does not initiate that audit or investigation within 
90 days after providing that notification, the 
Inspector General shall further notify the senior 
official that an audit or investigation was not initi-
ated. The further notification under this subclause 
shall be made not later than 3 days after the 
end of that 90-day period. 
‘‘(iii) INVESTIGATION
BY
SENIOR
OFFICIAL.—The 
senior official may investigate a matter referred under 
clause (i) if— 
‘‘(I) the Inspector General notifies the senior 
official under clause (ii)(I)(bb) that the Inspector 
General does not intend to initiate an audit or 
investigation relating to that matter; or 
‘‘(II) the Inspector General provides a further 
notification under clause (ii)(II) relating to that 
matter. 
‘‘(iv) PRIVACY
TRAINING.—Any employee of the 
Office of Inspector General who audits or investigates 
any matter referred under clause (i) shall be required 
to receive adequate training on privacy laws, rules, 
and regulations, to be provided by an entity approved 
by the Inspector General in consultation with the 
senior official appointed under subsection (a). 
Notification. 
Deadlines. 
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121 STAT. 360 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(d) NOTIFICATION TO CONGRESS ON REMOVAL.—If the Secretary 
removes the senior official appointed under subsection (a) or trans-
fers that senior official to another position or location within the 
Department, the Secretary shall— 
‘‘(1) promptly submit a written notification of the removal 
or transfer to Houses of Congress; and 
‘‘(2) include in any such notification the reasons for the 
removal or transfer. 
‘‘(e) REPORTS BY SENIOR OFFICIAL TO CONGRESS.—The senior 
official appointed under subsection (a) shall— 
‘‘(1) submit reports directly to the Congress regarding 
performance of the responsibilities of the senior official under 
this section, without any prior comment or amendment by 
the Secretary, Deputy Secretary, or any other officer or 
employee of the Department or the Office of Management and 
Budget; and 
‘‘(2) inform the Committee on Homeland Security 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 disapproves the senior 
official’s request for a subpoena under subsection (b)(1)(C) 
or the Secretary substantively modifies the requested sub-
poena; or 
‘‘(B) 45 days after the senior official’s request for a 
subpoena under subsection (b)(1)(C), if that subpoena has 
not either been approved or disapproved by the Secretary.’’. 
SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS. 
(a) IN GENERAL.—Section 1062 of the National Security Intel-
ligence Reform Act of 2004 (title I of Public Law 108–458; 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 Sec-
retary of Homeland Security, the Director of National Intelligence, 
the Director of the Central Intelligence Agency, and the head of 
any other department, agency, or element of the executive branch 
designated by the Privacy and Civil Liberties Oversight Board 
under section 1061 to be appropriate for coverage under this section 
shall designate not less than 1 senior officer to serve as the principal 
advisor to— 
‘‘(1) assist the head of such department, agency, or element 
and other officials of such department, agency, or element 
in appropriately considering 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 terrorism; 
‘‘(2) periodically investigate and review department, agency, 
or element actions, policies, procedures, guidelines, and related 
laws and their implementation 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, investigate, respond to, and 
42 USC 
2000ee–1. 
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121 STAT. 361 
PUBLIC LAW 110–53—AUG. 3, 2007 
redress complaints from individuals who allege such depart-
ment, agency, or element has violated their privacy or civil 
liberties; and 
‘‘(4) in providing advice on proposals to retain or enhance 
a particular governmental power the officer shall consider 
whether such department, agency, or element has established— 
‘‘(A) that the need for the power is balanced with 
the need to protect privacy and civil liberties; 
‘‘(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 
Privacy and Civil Liberties Oversight Board, which has a statu-
torily created privacy officer, such officer shall perform the 
functions specified in subsection (a) with respect to privacy. 
‘‘(2) CIVIL LIBERTIES OFFICERS.—In any department, agency, 
or element referred to in subsection (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 privacy officer or 
civil liberties officer described in subsection (a) or (b) shall— 
‘‘(1) report directly to the head of the department, agency, 
or element concerned; and 
‘‘(2) coordinate their activities with the Inspector General 
of such department, agency, or element to avoid duplication 
of effort. 
‘‘(d) AGENCY COOPERATION.—The head of each department, 
agency, or element shall ensure that each privacy officer and civil 
liberties officer— 
‘‘(1) has the information, material, and resources necessary 
to fulfill the functions of such officer; 
‘‘(2) is advised of proposed policy changes; 
‘‘(3) is consulted by decision makers; 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 action constituting 
a reprisal, or threat of reprisal, for making 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 protections or civil liberties in the administration of the 
programs 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 
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121 STAT. 362 
PUBLIC LAW 110–53—AUG. 3, 2007 
not less than quarterly, submit a report on the activities of 
such officers— 
‘‘(A)(i) to the appropriate committees of Congress, 
including the Committee on the Judiciary of the Senate, 
the Committee on the Judiciary of the House of Representa-
tives, the Committee on Homeland Security and Govern-
mental 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; 
‘‘(ii) to the head of such department, agency, or ele-
ment; 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 discharge 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 response given 
to such advice; 
‘‘(C) the number and nature of the complaints 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 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 consistent with the 
protection of classified information and applicable law. 
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall be con-
strued to limit or otherwise supplant any other authorities or 
responsibilities provided by law to privacy officers or civil liberties 
officers.’’. 
(b) CLERICAL AMENDMENT.—The table of contents for the Intel-
ligence 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. 804. 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 pro-
gram involving pattern-based queries, searches, or other anal-
yses of 1 or more electronic databases, where— 
Federal Agency 
Data Mining 
Reporting Act 
of 2007. 
42 USC 
2000ee–3. 
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121 STAT. 363 
PUBLIC LAW 110–53—AUG. 3, 2007 
(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 discover 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 spe-
cific individual, or inputs associated with a specific indi-
vidual or group of individuals, to retrieve information from 
the database or databases; and 
(C) the purpose of the queries, searches, or other anal-
yses is not solely— 
(i) the detection of fraud, waste, or abuse in a 
Government agency or program; or 
(ii) the security of a Government computer system. 
(2) DATABASE.—The term ‘‘database’’ does not include tele-
phone directories, news reporting, information publicly avail-
able to any member of the public without payment of a fee, 
or databases of judicial and administrative opinions or other 
legal research sources. 
(c) REPORTS ON DATA MINING ACTIVITIES BY FEDERAL AGEN-
CIES.— 
(1) REQUIREMENT FOR REPORT.—The head of each depart-
ment or agency of the Federal Government 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 
available to the public, except for an annex described in 
subparagraph (C). 
(2) CONTENT
OF
REPORT.—Each report submitted under 
subparagraph (A) shall include, for each activity to use or 
develop data mining, the following information: 
(A) A thorough description of the data mining activity, 
its goals, and, where appropriate, the target dates for the 
deployment of the data mining activity. 
(B) A thorough description of the data mining tech-
nology 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. 
(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 accurate informa-
tion consistent with and valuable 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 individuals, including a thor-
ough 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. 
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121 STAT. 364 
PUBLIC LAW 110–53—AUG. 3, 2007 
(F) 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 applicable in the 
context of 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 data mining activity 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, reviewed, gathered, analyzed, 
or used, and guard against any harmful consequences 
of potential inaccuracies. 
(3) ANNEX.— 
(A) IN
GENERAL.—A report under subparagraph (A) 
shall include in an annex any necessary— 
(i) classified information; 
(ii) law enforcement sensitive information; 
(iii) proprietary business information; or 
(iv) trade secrets (as that term is defined in section 
1839 of title 18, United States Code). 
(B) AVAILABILITY.—Any annex described in clause (i)— 
(i) shall be available, as appropriate, and con-
sistent with the National Security Act of 1947 (50 
U.S.C. 401 et seq.), to the Committee on Homeland 
Security and Governmental Affairs, the Committee on 
the Judiciary, the Select Committee on Intelligence, 
the Committee on Appropriations, and the Committee 
on Banking, Housing, and Urban Affairs of the Senate 
and the Committee on Homeland Security, the Com-
mittee on the Judiciary, the Permanent Select Com-
mittee on Intelligence, the Committee on Appropria-
tions, and the Committee on Financial Services of the 
House of Representatives; and 
(ii) shall not be made available to the public. 
(4) TIME
FOR
REPORT.—Each report required under 
subparagraph (A) shall be— 
(A) submitted not later than 180 days after the date 
of enactment of this Act; and 
(B) updated not less frequently than annually there-
after, to include any activity to use or develop data mining 
engaged in after the date of the prior report submitted 
under subparagraph (A). 
TITLE IX—PRIVATE SECTOR 
PREPAREDNESS 
SEC. 901. PRIVATE SECTOR PREPAREDNESS. 
(a) IN GENERAL.—Title V of the Homeland Security Act of 
2002 (6 U.S.C. 311 et seq.), as amended by section 409, is further 
amended by adding at the end the following: 
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121 STAT. 365 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘SEC. 523. GUIDANCE AND RECOMMENDATIONS. 
‘‘(a) IN GENERAL.—Consistent with their responsibilities and 
authorities under law, as of the day before the date of the enactment 
of this section, the Administrator and the Assistant Secretary for 
Infrastructure Protection, in consultation with the private sector, 
may develop guidance or recommendations and identify best prac-
tices to assist or foster action by the private sector in— 
‘‘(1) identifying potential hazards and assessing risks and 
impacts; 
‘‘(2) mitigating the impact of a wide variety of hazards, 
including weapons of mass destruction; 
‘‘(3) managing necessary emergency preparedness and 
response resources; 
‘‘(4) developing mutual aid agreements; 
‘‘(5) developing and maintaining emergency preparedness 
and response plans, and associated operational procedures; 
‘‘(6) developing and conducting training and exercises to 
support and evaluate emergency preparedness and response 
plans and operational procedures; 
‘‘(7) developing and conducting training programs for secu-
rity guards to implement emergency preparedness and response 
plans and operations procedures; and 
‘‘(8) developing procedures to respond to requests for 
information from the media or the public. 
‘‘(b) ISSUANCE AND PROMOTION.—Any guidance or recommenda-
tions developed or best practices identified under subsection (a) 
shall be— 
‘‘(1) issued through the Administrator; and 
‘‘(2) promoted by the Secretary to the private sector. 
‘‘(c) SMALL BUSINESS CONCERNS.—In developing guidance or 
recommendations or identifying best practices under subsection (a), 
the Administrator and the Assistant Secretary for Infrastructure 
Protection shall take into consideration small business concerns 
(under the meaning given that term in section 3 of the Small 
Business Act (15 U.S.C. 632)), including any need for separate 
guidance or recommendations or best practices, as necessary and 
appropriate. 
‘‘(d) RULE
OF CONSTRUCTION.—Nothing in this section may 
be construed to supersede any requirement established under any 
other provision of law. 
‘‘SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITA-
TION AND CERTIFICATION PROGRAM. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—The Secretary, acting through the officer 
designated under paragraph (2), shall establish and implement 
the voluntary private sector preparedness accreditation and 
certification program in accordance with this section. 
‘‘(2) DESIGNATION OF OFFICER.—The Secretary shall des-
ignate an officer responsible for the accreditation and certifi-
cation program under this section. Such officer (hereinafter 
referred to in this section as the ‘designated officer’) shall 
be one of the following: 
‘‘(A) The Administrator, based on consideration of— 
‘‘(i) the expertise of the Administrator in emer-
gency management and preparedness in the United 
States; and 
6 USC 321m. 
6 USC 321l. 
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121 STAT. 366 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(ii) the responsibilities of the Administrator as 
the principal advisor to the President for all matters 
relating to emergency management in the United 
States. 
‘‘(B) The Assistant Secretary for Infrastructure Protec-
tion, based on consideration of the expertise of the Assistant 
Secretary in, and responsibilities for— 
‘‘(i) protection of critical infrastructure; 
‘‘(ii) risk assessment methodologies; and 
‘‘(iii) interacting with the private sector on the 
issues described in clauses (i) and (ii). 
‘‘(C) The Under Secretary for Science and Technology, 
based on consideration of the expertise of the Under Sec-
retary in, and responsibilities associated with, standards. 
‘‘(3) COORDINATION.—In carrying out the accreditation and 
certification program under this section, the designated officer 
shall coordinate with— 
‘‘(A) the other officers of the Department referred to 
in paragraph (2), using the expertise and responsibilities 
of such officers; and 
‘‘(B) the Special Assistant to the Secretary for the 
Private Sector, based on consideration of the expertise of 
the Special Assistant in, and responsibilities for, interacting 
with the private sector. 
‘‘(b) VOLUNTARY PRIVATE SECTOR PREPAREDNESS STANDARDS; 
VOLUNTARY ACCREDITATION AND CERTIFICATION PROGRAM FOR THE 
PRIVATE SECTOR.— 
‘‘(1) ACCREDITATION
AND
CERTIFICATION
PROGRAM.—Not 
later than 210 days after the date of enactment of the Imple-
menting Recommendations of the 9/11 Commission Act of 2007, 
the designated officer shall— 
‘‘(A) begin supporting the development and updating, 
as necessary, of voluntary preparedness standards through 
appropriate organizations that coordinate or facilitate the 
development and use of voluntary consensus standards and 
voluntary consensus standards development organizations; 
and 
‘‘(B) in consultation with representatives of appropriate 
organizations that coordinate or facilitate the development 
and use of voluntary consensus standards, appropriate vol-
untary consensus standards development organizations, 
each private sector advisory council created under section 
102(f)(4), appropriate representatives of State and local 
governments, including emergency management officials, 
and appropriate private sector advisory groups, such as 
sector coordinating councils and information sharing and 
analysis centers— 
‘‘(i) develop and promote a program to certify the 
preparedness of private sector entities that voluntarily 
choose to seek certification under the program; and 
‘‘(ii) implement the program under this subsection 
through any entity with which the designated officer 
enters into an agreement under paragraph (3)(A), 
which shall accredit third parties to carry out the 
certification process under this section. 
‘‘(2) PROGRAM ELEMENTS.— 
‘‘(A) IN GENERAL.— 
Deadline. 
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121 STAT. 367 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(i) PROGRAM.—The program developed and imple-
mented under this subsection shall assess whether a 
private sector entity complies with voluntary prepared-
ness standards. 
‘‘(ii) GUIDELINES.—In developing the program 
under this subsection, the designated officer shall 
develop guidelines for the accreditation and certifi-
cation processes established under this subsection. 
‘‘(B) STANDARDS.—The designated officer, in consulta-
tion with representatives of appropriate organizations that 
coordinate or facilitate the development and use of vol-
untary consensus standards, representatives of appropriate 
voluntary consensus standards development organizations, 
each private sector advisory council created under section 
102(f)(4), appropriate representatives of State and local 
governments, including emergency management officials, 
and appropriate private sector advisory groups such as 
sector coordinating councils and information sharing and 
analysis centers— 
‘‘(i) shall adopt one or more appropriate voluntary 
preparedness standards that promote preparedness, 
which may be tailored to address the unique nature 
of various sectors within the private sector, as nec-
essary and appropriate, that shall be used in the 
accreditation and certification program under this sub-
section; and 
‘‘(ii) after the adoption of one or more standards 
under clause (i), may adopt additional voluntary 
preparedness standards or modify or discontinue the 
use of voluntary preparedness standards for the 
accreditation and certification program, as necessary 
and appropriate to promote preparedness. 
‘‘(C) SUBMISSION OF RECOMMENDATIONS.—In adopting 
one or more standards under subparagraph (B), the des-
ignated officer may receive recommendations from any 
entity described in that subparagraph relating to appro-
priate voluntary preparedness standards, including appro-
priate sector specific standards, for adoption in the pro-
gram. 
‘‘(D) SMALL
BUSINESS
CONCERNS.—The designated 
officer and any entity with which the designated officer 
enters into an agreement under paragraph (3)(A) shall 
establish separate classifications and methods of certifi-
cation for small business concerns (under the meaning 
given that term in section 3 of the Small Business Act 
(15 U.S.C. 632)) for the program under this subsection. 
‘‘(E) CONSIDERATIONS.—In developing and imple-
menting the program under this subsection, the designated 
officer shall— 
‘‘(i) consider the unique nature of various sectors 
within the private sector, including preparedness 
standards, business continuity standards, or best prac-
tices, established— 
‘‘(I) under any other provision of Federal law; 
or 
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121 STAT. 368 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(II) by any sector-specific agency, as defined 
under Homeland Security Presidential Directive– 
7; and 
‘‘(ii) coordinate the program, as appropriate, with— 
‘‘(I) other Department private sector related 
programs; and 
‘‘(II) preparedness and business continuity pro-
grams in other Federal agencies. 
‘‘(3) ACCREDITATION AND CERTIFICATION PROCESSES.— 
‘‘(A) AGREEMENT.— 
‘‘(i) IN GENERAL.—Not later than 210 days after 
the date of enactment of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007, 
the designated officer shall enter into one or more 
agreements with a highly qualified nongovernmental 
entity with experience or expertise in coordinating and 
facilitating the development and use of voluntary con-
sensus standards and in managing or implementing 
accreditation and certification programs for voluntary 
consensus standards, or a similarly qualified private 
sector entity, to carry out accreditations and oversee 
the certification process under this subsection. An 
entity entering into an agreement with the designated 
officer under this clause (hereinafter referred to in 
this section as a ‘selected entity’) shall not perform 
certifications under this subsection. 
‘‘(ii) CONTENTS.—A selected entity shall manage 
the accreditation process and oversee the certification 
process in accordance with the program established 
under this subsection and accredit qualified third par-
ties to carry out the certification program established 
under this subsection. 
‘‘(B) PROCEDURES AND REQUIREMENTS FOR ACCREDITA-
TION AND CERTIFICATION.— 
‘‘(i) IN GENERAL.—Any selected entity shall collabo-
rate to develop procedures and requirements for the 
accreditation and certification processes under this 
subsection, in accordance with the program established 
under this subsection and guidelines developed under 
paragraph (2)(A)(ii). 
‘‘(ii) CONTENTS
AND
USE.—The procedures and 
requirements developed under clause (i) shall— 
‘‘(I) ensure reasonable uniformity in any 
accreditation and certification processes if there 
is more than one selected entity; and 
‘‘(II) be used by any selected entity in con-
ducting accreditations and overseeing the certifi-
cation process under this subsection. 
‘‘(iii) DISAGREEMENT.—Any disagreement among 
selected entities in developing procedures under clause 
(i) shall be resolved by the designated officer. 
‘‘(C) DESIGNATION.—A selected entity may accredit any 
qualified third party to carry out the certification process 
under this subsection. 
‘‘(D) 
DISADVANTAGED
BUSINESS
INVOLVEMENT.—In 
accrediting qualified third parties to carry out the certifi-
cation process under this subsection, a selected entity shall 
Deadline. 
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121 STAT. 369 
PUBLIC LAW 110–53—AUG. 3, 2007 
ensure, to the extent practicable, that the third parties 
include qualified small, minority, women-owned, or dis-
advantaged business concerns when appropriate. The term 
‘disadvantaged business concern’ means a small business 
that is owned and controlled by socially and economically 
disadvantaged individuals, as defined in section 124 of 
title 13, United States Code of Federal Regulations. 
‘‘(E) TREATMENT
OF
OTHER
CERTIFICATIONS.—At the 
request of any entity seeking certification, any selected 
entity may consider, as appropriate, other relevant certifi-
cations acquired by the entity seeking certification. If the 
selected entity determines that such other certifications 
are sufficient to meet the certification requirement or 
aspects of the certification requirement under this section, 
the selected entity may give credit to the entity seeking 
certification, as appropriate, to avoid unnecessarily duplica-
tive certification requirements. 
‘‘(F) THIRD PARTIES.—To be accredited under subpara-
graph (C), a third party shall— 
‘‘(i) demonstrate that the third party has the ability 
to certify private sector entities in accordance with 
the procedures and requirements developed under 
subparagraph (B); 
‘‘(ii) agree to perform certifications in accordance 
with such procedures and requirements; 
‘‘(iii) agree not to have any beneficial interest in 
or any direct or indirect control over— 
‘‘(I) a private sector entity for which that third 
party conducts a certification under this sub-
section; or 
‘‘(II) any organization that provides prepared-
ness consulting services to private sector entities; 
‘‘(iv) agree not to have any other conflict of interest 
with respect to any private sector entity for which 
that third party conducts a certification under this 
subsection; 
‘‘(v) maintain liability insurance coverage at policy 
limits in accordance with the requirements developed 
under subparagraph (B); and 
‘‘(vi) enter into an agreement with the selected 
entity accrediting that third party to protect any 
proprietary information of a private sector entity 
obtained under this subsection. 
‘‘(G) MONITORING.— 
‘‘(i) IN GENERAL.—The designated officer and any 
selected entity shall regularly monitor and inspect the 
operations of any third party conducting certifications 
under this subsection to ensure that the third party 
is complying with the procedures and requirements 
established under subparagraph (B) and all other 
applicable requirements. 
‘‘(ii) REVOCATION.—If the designated officer or any 
selected entity determines that a third party is not 
meeting the procedures or requirements established 
under subparagraph (B), the selected entity shall— 
‘‘(I) revoke the accreditation of that third party 
to conduct certifications under this subsection; and 
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121 STAT. 370 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(II) review any certification conducted by that 
third party, as necessary and appropriate. 
‘‘(4) ANNUAL REVIEW.— 
‘‘(A) IN GENERAL.—The designated officer, in consulta-
tion with representatives of appropriate organizations that 
coordinate or facilitate the development and use of vol-
untary consensus standards, appropriate voluntary con-
sensus standards development organizations, appropriate 
representatives of State and local governments, including 
emergency management officials, and each private sector 
advisory council created under section 102(f)(4), shall 
annually review the voluntary accreditation and certifi-
cation program established under this subsection to ensure 
the effectiveness of such program (including the operations 
and management of such program by any selected entity 
and the selected entity’s inclusion of qualified disadvan-
taged business concerns under paragraph (3)(D)) and make 
improvements and adjustments to the program as nec-
essary and appropriate. 
‘‘(B) REVIEW
OF
STANDARDS.—Each review under 
subparagraph (A) shall include an assessment of the vol-
untary preparedness standard or standards used in the 
program under this subsection. 
‘‘(5) VOLUNTARY PARTICIPATION.—Certification under this 
subsection shall be voluntary for any private sector entity. 
‘‘(6) PUBLIC LISTING.—The designated officer shall maintain 
and make public a listing of any private sector entity certified 
as being in compliance with the program established under 
this subsection, if that private sector entity consents to such 
listing. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be 
construed as— 
‘‘(1) a requirement to replace any preparedness, emergency 
response, or business continuity standards, requirements, or 
best practices established— 
‘‘(A) under any other provision of federal law; or 
‘‘(B) by any sector-specific agency, as those agencies 
are defined under Homeland Security Presidential Direc-
tive–7; or 
‘‘(2) exempting any private sector entity seeking certifi-
cation or meeting certification requirements under subsection 
(b) from compliance with all applicable statutes, regulations, 
directives, policies, and industry codes of practice.’’. 
(b) REPORT TO CONGRESS.—Not later than 210 days after the 
date of enactment of this Act, the Secretary shall submit to the 
Committee on Homeland Security and Governmental Affairs of 
the Senate and the Committee on Homeland Security and the 
Committee on Transportation and Infrastructure of the House of 
Representatives a report detailing— 
(1) any action taken to implement section 524(b) of the 
Homeland Security Act of 2002, as added by subsection (a), 
including a discussion of— 
(A) the separate methods of classification and certifi-
cation for small business concerns (under the meaning 
given that term in section 3 of the Small Business Act 
(15 U.S.C. 632)) as compared to other private sector enti-
ties; and 
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121 STAT. 371 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) whether the separate classifications and methods 
of certification for small business concerns are likely to 
help to ensure that such measures are not overly burden-
some and are adequate to meet the voluntary preparedness 
standard or standards adopted by the program under sec-
tion 524(b) of the Homeland Security Act of 2002, as added 
by subsection (a); and 
(2) the status, as of the date of that report, of the 
implementation of that subsection. 
(c) DEADLINE FOR DESIGNATION OF OFFICER.—The Secretary 
of Homeland Security shall designate the officer as described in 
section 524 of the Homeland Security Act of 2002, as added by 
subsection (a), by not later than 30 days after the date of the 
enactment of this Act. 
(d) DEFINITION.—Section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101) is amended by adding at the end the following: 
‘‘(18) The term ‘voluntary preparedness standards’ means 
a common set of criteria for preparedness, disaster manage-
ment, emergency management, and business continuity pro-
grams, such as the American National Standards Institute’s 
National Fire Protection Association Standard on Disaster/ 
Emergency Management and Business Continuity Programs 
(ANSI/NFPA 1600).’’. 
(e) CLERICAL AMENDMENTS.—The table of contents in section 
1(b) of such Act is further amended by adding at the end the 
following: 
‘‘Sec. 523. Guidance and recommendations. 
‘‘Sec. 524. Voluntary private sector preparedness accreditation and certification 
program.’’. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section and the amendments made by this section. 
SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF 
THE DEPARTMENT. 
(a) IN GENERAL.—Section 102(f) of the Homeland Security Act 
of 2002 (6 U.S.C. 112(f)) is amended— 
(1) by redesignating paragraphs (8) through (10) as para-
graphs (9) through (11), respectively; and 
(2) by inserting after paragraph (7) the following: 
‘‘(8) providing information to the private sector regarding 
voluntary preparedness standards and the business justification 
for preparedness and promoting to the private sector the adop-
tion of voluntary 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— 
(1) in subparagraph (A), by striking ‘‘and’’ at the end; 
(2) in subparagraph (B), by inserting ‘‘and’’ after the semi-
colon at the end; and 
(3) by adding at the end the following: 
‘‘(C) advise the Secretary on private sector prepared-
ness issues, including effective methods for— 
‘‘(i) promoting voluntary preparedness standards 
to the private sector; and 
‘‘(ii) assisting the private sector in adopting vol-
untary preparedness standards;’’. 
6 USC 321m 
note. 
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121 STAT. 372 
PUBLIC LAW 110–53—AUG. 3, 2007 
TITLE X—IMPROVING CRITICAL 
INFRASTRUCTURE SECURITY 
SEC. 1001. NATIONAL ASSET DATABASE. 
(a) IN GENERAL.—Subtitle A of title II of the Homeland Security 
Act of 2002, as amended by title V, is further amended by adding 
at the end the following new section: 
‘‘SEC. 210E. NATIONAL ASSET DATABASE. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) NATIONAL ASSET DATABASE.—The Secretary shall estab-
lish and maintain a national database of each system or asset 
that— 
‘‘(A) the Secretary, in consultation with appropriate 
homeland security officials of the States, determines to 
be vital and the loss, interruption, incapacity, or destruction 
of which would have a negative or debilitating effect on 
the economic security, public health, or safety of the United 
States, any State, or any local government; or 
‘‘(B) the Secretary determines is appropriate for inclu-
sion in the database. 
‘‘(2) 
PRIORITIZED
CRITICAL
INFRASTRUCTURE
LIST.—In 
accordance with Homeland Security Presidential Directive–7, 
as in effect on January 1, 2007, the Secretary shall establish 
and maintain a single classified prioritized list of systems and 
assets included in the database under paragraph (1) that the 
Secretary determines would, if destroyed or disrupted, cause 
national or regional catastrophic effects. 
‘‘(b) USE OF DATABASE.—The Secretary shall use the database 
established under subsection (a)(1) in the development and 
implementation of Department plans and programs as appropriate. 
‘‘(c) MAINTENANCE OF DATABASE.— 
‘‘(1) IN
GENERAL.—The Secretary shall maintain and 
annually update the database established under subsection 
(a)(1) and the list established under subsection (a)(2), 
including— 
‘‘(A) establishing data collection guidelines and pro-
viding such guidelines to the appropriate homeland security 
official of each State; 
‘‘(B) regularly reviewing the guidelines established 
under subparagraph (A), including by consulting with the 
appropriate homeland security officials of States, to solicit 
feedback about the guidelines, as appropriate; 
‘‘(C) after providing the homeland security official of 
a State with the guidelines under subparagraph (A), 
allowing the official a reasonable amount of time to submit 
to the Secretary any data submissions recommended by 
the official for inclusion in the database established under 
subsection (a)(1); 
‘‘(D) examining the contents and identifying any 
submissions made by such an official that are described 
incorrectly or that do not meet the guidelines established 
under subparagraph (A); and 
‘‘(E) providing to the appropriate homeland security 
official of each relevant State a list of submissions identified 
under subparagraph (D) for review and possible correction 
6 USC 124l. 
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121 STAT. 373 
PUBLIC LAW 110–53—AUG. 3, 2007 
before the Secretary finalizes the decision of which submis-
sions will be included in the database established under 
subsection (a)(1). 
‘‘(2) ORGANIZATION
OF
INFORMATION
IN
DATABASE.—The 
Secretary shall organize the contents of the database estab-
lished under subsection (a)(1) and the list established under 
subsection (a)(2) as the Secretary determines is appropriate. 
Any organizational structure of such contents shall include 
the categorization of the contents— 
‘‘(A) according to the sectors listed in National Infra-
structure Protection Plan developed pursuant to Homeland 
Security Presidential Directive–7; and 
‘‘(B) by the State and county of their location. 
‘‘(3) PRIVATE
SECTOR
INTEGRATION.—The Secretary shall 
identify and evaluate methods, including the Department’s Pro-
tected Critical Infrastructure Information Program, to acquire 
relevant private sector information for the purpose of using 
that information to generate any database or list, including 
the database established under subsection (a)(1) and the list 
established under subsection (a)(2). 
‘‘(4) RETENTION OF CLASSIFICATION.—The classification of 
information required to be provided to Congress, the Depart-
ment, 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 Con-
gress, the Department, and that other Federal agency. 
‘‘(d) REPORTS.— 
‘‘(1) REPORT REQUIRED.—Not later than 180 days after the 
date of the enactment of the Implementing Recommendations 
of the 9/11 Commission Act of 2007, and annually thereafter, 
the Secretary shall submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security of the House of Representatives 
a report on the database established under subsection (a)(1) 
and the list established under subsection (a)(2). 
‘‘(2) CONTENTS OF REPORT.—Each such report shall include 
the following: 
‘‘(A) The name, location, and sector classification of 
each of the systems and assets on the list established 
under subsection (a)(2). 
‘‘(B) The name, location, and sector classification of 
each of the systems and assets on such list that are deter-
mined by the Secretary to be most at risk to terrorism. 
‘‘(C) Any significant challenges in compiling the list 
of the systems and assets included on such list or in the 
database established under subsection (a)(1). 
‘‘(D) Any significant changes from the preceding report 
in the systems and assets included on such list or in 
such database. 
‘‘(E) If appropriate, the extent to which such database 
and such list have been used, individually or jointly, for 
allocating funds by the Federal Government to prevent, 
reduce, mitigate, or respond to acts of terrorism. 
‘‘(F) The amount of coordination between the Depart-
ment and the private sector, through any entity of the 
Department that meets with representatives of private 
sector industries for purposes of such coordination, for the 
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121 STAT. 374 
PUBLIC LAW 110–53—AUG. 3, 2007 
purpose of ensuring the accuracy of such database and 
such list. 
‘‘(G) Any other information the Secretary deems rel-
evant. 
‘‘(3) CLASSIFIED INFORMATION.—The report shall be sub-
mitted in unclassified form but may contain a classified annex. 
‘‘(e) INSPECTOR GENERAL STUDY.—By not later than two years 
after the date of enactment of the Implementing Recommendations 
of the 9/11 Commission Act of 2007, the Inspector General of 
the Department shall conduct a study of the implementation of 
this section. 
‘‘(f) NATIONAL INFRASTRUCTURE PROTECTION CONSORTIUM.—The 
Secretary may establish a consortium to be known as the ‘National 
Infrastructure Protection Consortium’. The Consortium may advise 
the Secretary on the best way to identify, generate, organize, and 
maintain any database or list of systems and assets established 
by the Secretary, including the database established under sub-
section (a)(1) and the list established under subsection (a)(2). If 
the Secretary establishes the National Infrastructure Protection 
Consortium, the Consortium may— 
‘‘(1) be composed of national laboratories, Federal agencies, 
State and local homeland security organizations, academic 
institutions, or national Centers of Excellence that have dem-
onstrated experience working with and identifying critical infra-
structure and key resources; and 
‘‘(2) provide input to the Secretary on any request per-
taining to the contents of such database or such list.’’. 
(b) DEADLINES
FOR IMPLEMENTATION
AND NOTIFICATION
OF 
CONGRESS.—Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Homeland Security shall submit the 
first report required under section 210E(d) of the Homeland Security 
Act of 2002, as added by subsection (a). 
(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 210D the following: 
‘‘Sec. 210E. National Asset Database.’’. 
SEC. 1002. RISK ASSESSMENTS AND REPORT. 
(a) RISK ASSESSMENTS.—Section 201(d) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 121(d)) is further amended by adding 
at the end the following new paragraph: 
‘‘(25) To prepare and submit to the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Com-
mittee on Homeland Security in the House of Representatives, 
and to other appropriate congressional committees having juris-
diction over the critical infrastructure or key resources, for 
each sector identified in the National Infrastructure Protection 
Plan, a report on the comprehensive assessments carried out 
by the Secretary of the critical infrastructure and key resources 
of the United States, evaluating threat, vulnerability, and con-
sequence, as required under this subsection. Each such report— 
‘‘(A) shall contain, if applicable, actions or counter-
measures recommended or taken by the Secretary or the 
head of another Federal agency to address issues identified 
in the assessments; 
‘‘(B) shall be required for fiscal year 2007 and each 
subsequent fiscal year and shall be submitted not later 
6 USC 124l note. 
Deadline. 
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121 STAT. 375 
PUBLIC LAW 110–53—AUG. 3, 2007 
than 35 days after the last day of the fiscal year covered 
by the report; and 
‘‘(C) may be classified.’’. 
(b) REPORT ON INDUSTRY PREPAREDNESS.—Not later than 6 
months after the last day of fiscal year 2007 and each subsequent 
fiscal year, the Secretary of Homeland Security, in cooperation 
with the Secretary of Commerce, the Secretary of Transportation, 
the Secretary of Defense, and the Secretary of Energy, shall submit 
to the Committee on Banking, Housing, and Urban Affairs and 
the Committee on Homeland 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 Government 
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 to reduce interruption of critical infra-
structure and key resource operations during an act of terrorism, 
natural catastrophe, or other similar national emergency. 
SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF 
LEVEES IN THE NATIONAL INFRASTRUCTURE PROTEC-
TION PLAN. 
It is the sense of Congress that the Secretary should ensure 
that levees are included in one of the critical infrastructure and 
key resources sectors identified in the National Infrastructure 
Protection Plan. 
TITLE 
XI—ENHANCED 
DEFENSES 
AGAINST 
WEAPONS 
OF 
MASS 
DE-
STRUCTION 
SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER. 
(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) ESTABLISHMENT.—The Secretary shall establish, operate, 
and maintain a National Biosurveillance Integration Center 
(referred to in this section as the ‘NBIC’), which shall be headed 
by a Directing Officer, under an office or directorate of the Depart-
ment that is in existence as of the date of the enactment of this 
section. 
‘‘(b) PRIMARY MISSION.—The primary mission of the NBIC is 
to— 
‘‘(1) enhance the capability of the Federal Government to— 
‘‘(A) rapidly identify, characterize, localize, and track 
a biological event of national concern by integrating and 
analyzing data relating to human health, animal, plant, 
food, and environmental monitoring systems (both national 
and international); and 
‘‘(B) disseminate alerts and other information to 
Member Agencies and, in coordination with (and where 
possible through) Member Agencies, to agencies of State, 
local, and tribal governments, as appropriate, to enhance 
50 USC 
app. 2071 note. 
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121 STAT. 376 
PUBLIC LAW 110–53—AUG. 3, 2007 
the ability of such agencies to respond to a biological event 
of national concern; and 
‘‘(2) oversee development and operation of the National 
Biosurveillance Integration System. 
‘‘(c) REQUIREMENTS.—The NBIC shall detect, as early as pos-
sible, a biological event of national concern that presents a risk 
to the United States or the infrastructure or key assets of the 
United States, including by— 
‘‘(1) consolidating data from all relevant surveillance sys-
tems maintained by Member Agencies to detect biological events 
of national concern across human, animal, and plant species; 
‘‘(2) seeking private sources of surveillance, both foreign 
and domestic, when such sources would enhance coverage of 
critical surveillance gaps; 
‘‘(3) using an information technology system that uses the 
best available statistical and other analytical tools to identify 
and characterize biological events of national concern in as 
close to real-time as is practicable; 
‘‘(4) providing the infrastructure for such integration, 
including information technology systems and space, and sup-
port for personnel from Member Agencies with sufficient exper-
tise to enable analysis and interpretation of data; 
‘‘(5) working with Member Agencies to create information 
technology systems that use the minimum amount of patient 
data necessary and consider patient confidentiality and privacy 
issues at all stages of development and apprise the Privacy 
Officer of such efforts; and 
‘‘(6) alerting Member Agencies and, in coordination with 
(and where possible through) Member Agencies, public health 
agencies of State, local, and tribal governments regarding any 
incident that could develop into a biological event of national 
concern. 
‘‘(d) RESPONSIBILITIES
OF
THE DIRECTING OFFICER
OF
THE 
NBIC.— 
‘‘(1) IN GENERAL.—The Directing Officer of the NBIC shall— 
‘‘(A) on an ongoing basis, monitor the availability and 
appropriateness of surveillance systems used by the NBIC 
and those systems that could enhance biological situational 
awareness or the overall performance of the NBIC; 
‘‘(B) on an ongoing basis, review and seek to improve 
the statistical and other analytical methods used by the 
NBIC; 
‘‘(C) receive and consider other relevant homeland secu-
rity information, as appropriate; and 
‘‘(D) provide technical assistance, as appropriate, to 
all Federal, regional, State, local, and tribal government 
entities and private sector entities that contribute data 
relevant to the operation of the NBIC. 
‘‘(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 concern; and 
‘‘(B) integrate homeland security information with 
NBIC data to provide overall situational awareness and 
determine whether a biological event of national concern 
has occurred. 
‘‘(3) INFORMATION SHARING.— 
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121 STAT. 377 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(A) IN GENERAL.—The Directing Officer of the NBIC 
shall— 
‘‘(i) establish a method of real-time communication 
with the National Operations Center; 
‘‘(ii) in the event that a biological event of national 
concern is detected, notify the Secretary and dissemi-
nate results of NBIC assessments relating to that 
biological event of national concern to appropriate Fed-
eral response entities and, in coordination with rel-
evant Member Agencies, regional, State, local, and 
tribal governmental response entities in a timely 
manner; 
‘‘(iii) provide any report on NBIC assessments to 
Member Agencies and, in coordination 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, governments, or entities 
or the ability of the Nation to respond to biological 
events of national concern; and 
‘‘(iv) share NBIC incident or situational awareness 
reports, and other relevant information, consistent with 
the information 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, procedures, instructions, or standards 
established under that section. 
‘‘(B) CONSULTATION.—The Directing Officer of the 
NBIC shall implement the activities described in subpara-
graph (A) consistent with the policies, guidelines, proce-
dures, instructions, or standards established under section 
1016 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 485) and in consultation with the 
Director of National Intelligence, the Under Secretary for 
Intelligence and Analysis, and other offices or agencies 
of the Federal Government, as appropriate. 
‘‘(e) RESPONSIBILITIES OF THE NBIC MEMBER AGENCIES.— 
‘‘(1) IN GENERAL.—Each Member Agency shall— 
‘‘(A) use its best efforts to integrate biosurveillance 
information into the NBIC, with the goal of promoting 
information sharing between Federal, State, local, and 
tribal governments to detect biological events of national 
concern; 
‘‘(B) provide timely information to assist the NBIC 
in maintaining biological situational awareness for accurate 
detection and response purposes; 
‘‘(C) enable the NBIC to receive and use biosurveillance 
information from member agencies to carry out its require-
ments under subsection (c); 
‘‘(D) connect the biosurveillance data systems of that 
Member Agency to the NBIC data system under mutually 
agreed protocols that are consistent with subsection (c)(5); 
‘‘(E) participate in the formation of strategy and policy 
for the operation of the NBIC and its information sharing; 
‘‘(F) provide personnel to the NBIC under an inter-
agency personnel agreement and consider the qualifications 
of such personnel necessary to provide human, animal, 
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121 STAT. 378 
PUBLIC LAW 110–53—AUG. 3, 2007 
and environmental data analysis and interpretation sup-
port to the NBIC; and 
‘‘(G) retain responsibility for the surveillance and intel-
ligence systems of that department or agency, if applicable. 
‘‘(f) ADMINISTRATIVE AUTHORITIES.— 
‘‘(1) HIRING OF EXPERTS.—The Directing Officer of the NBIC 
shall hire individuals with the necessary expertise to develop 
and operate the NBIC. 
‘‘(2) DETAIL
OF
PERSONNEL.—Upon the request of the 
Directing Officer of the NBIC, the head of any Federal depart-
ment or agency may detail, on a reimbursable basis, any of 
the personnel of that department or agency to the Department 
to assist the NBIC in carrying out this section. 
‘‘(g) NBIC INTERAGENCY
WORKING
GROUP.—The Directing 
Officer of the NBIC shall— 
‘‘(1) establish an interagency working group to facilitate 
interagency cooperation and to advise the Directing Officer 
of the NBIC regarding recommendations to enhance the bio-
surveillance capabilities of the Department; and 
‘‘(2) invite Member Agencies to serve on that working group. 
‘‘(h) 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 Federal Government with respect 
to biosurveillance activities under any program administered by 
that department or agency. 
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as are necessary to carry out this 
section. 
‘‘(j) DEFINITIONS.—In this section: 
‘‘(1) The terms ‘biological agent’ and ‘toxin’ have the 
meanings given those terms in section 178 of title 18, United 
States Code. 
‘‘(2) The term ‘biological event of national concern’ means— 
‘‘(A) an act of terrorism involving a biological agent 
or toxin; or 
‘‘(B) a naturally occurring outbreak of an infectious 
disease that may result in a national epidemic. 
‘‘(3) The term ‘homeland security information’ has the 
meaning given that term in section 892. 
‘‘(4) The term ‘Member Agency’ means any Federal depart-
ment or agency that, at the discretion of the head of that 
department or agency, has entered a memorandum of under-
standing regarding participation in the NBIC. 
‘‘(5) The term ‘Privacy Officer’ means the Privacy Officer 
appointed under section 222.’’. 
(b) CLERICAL 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.’’. 
(c) DEADLINE FOR IMPLEMENTATION.—The National Biosurveil-
lance Integration Center under section 316 of the Homeland Secu-
rity Act, as added by subsection (a), shall be fully operational 
by not later than September 30, 2008. 
6 USC 195b note. 
Establishment. 
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121 STAT. 379 
PUBLIC LAW 110–53—AUG. 3, 2007 
(d) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Secretary of Homeland Security 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 an interim report on the status of the 
operations at the National Biosurviellance Integration Center that 
addresses the efforts of the Center to integrate the surveillance 
efforts of Federal, State, local, and tribal governments. When the 
National Biosurveillance Integration Center is fully operational, 
the Secretary shall submit to such committees a final report on 
the status of such operations. 
SEC. 1102. BIOSURVEILLANCE EFFORTS. 
The Comptroller General of the United States shall submit 
to Congress a report— 
(1) describing the state of Federal, State, local, and tribal 
government biosurveillance efforts as of the date of such report; 
(2) describing any duplication of effort at the Federal, State, 
local, or tribal government level to create biosurveillance sys-
tems; and 
(3) providing the recommendations of the Comptroller Gen-
eral regarding— 
(A) the integration of biosurveillance systems; 
(B) the effective use of biosurveillance resources; and 
(C) the effective use of the expertise of Federal, State, 
local, and tribal governments. 
SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES 
AGAINST NUCLEAR AND RADIOLOGICAL WEAPONS OF 
MASS DESTRUCTION. 
(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C. 
101 et seq.) is amended by inserting after section 1906, as redesig-
nated by section 104, the following: 
‘‘SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL 
NUCLEAR DETECTION ARCHITECTURE. 
‘‘(a) ANNUAL REVIEW.— 
‘‘(1) IN GENERAL.—The Secretary, the Attorney General, 
the Secretary of State, the Secretary of Defense, 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 
ensuring that, not less frequently than once each year— 
‘‘(A) each relevant agency, office, or entity— 
‘‘(i) assesses its involvement, support, and partici-
pation in the development, revision, and implementa-
tion of the global nuclear detection architecture; and 
‘‘(ii) examines and evaluates components of the 
global nuclear detection architecture (including associ-
ated strategies and acquisition plans) relating to the 
operations of that agency, office, or entity, to determine 
whether such components incorporate and address cur-
rent threat assessments, scenarios, or intelligence anal-
yses developed by the Director of National Intelligence 
or other agencies regarding threats relating to nuclear 
or radiological weapons of mass destruction; and 
6 USC 596a. 
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121 STAT. 380 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(B) each agency, office, or entity deploying or operating 
any nuclear or radiological detection technology under the 
global nuclear detection architecture— 
‘‘(i) evaluates the deployment and operation of 
nuclear or radiological detection technologies under the 
global nuclear detection architecture by that agency, 
office, or entity; 
‘‘(ii) identifies performance deficiencies and oper-
ational or technical deficiencies in nuclear or radio-
logical detection technologies deployed under the global 
nuclear detection architecture; and 
‘‘(iii) assesses the capacity of that agency, office, 
or entity to implement the responsibilities of that 
agency, office, or entity under the global nuclear detec-
tion architecture. 
‘‘(2) TECHNOLOGY.—Not less frequently than once each 
year, the Secretary shall examine and evaluate the develop-
ment, assessment, and acquisition of radiation detection tech-
nologies deployed or implemented in support of the domestic 
portion of the global nuclear detection architecture. 
‘‘(b) ANNUAL REPORT ON JOINT INTERAGENCY REVIEW.— 
‘‘(1) IN GENERAL.—Not later than March 31 of each year, 
the Secretary, the Attorney General, the Secretary of State, 
the Secretary of Defense, the Secretary of Energy, and the 
Director of National Intelligence, shall jointly submit a report 
regarding the implementation of this section and the results 
of the reviews required under subsection (a) to— 
‘‘(A) the President; 
‘‘(B) the Committee on Appropriations, the Committee 
on Armed Services, the Select Committee on Intelligence, 
and the Committee on Homeland Security and Govern-
mental Affairs of the Senate; and 
‘‘(C) the Committee on Appropriations, the Committee 
on Armed Services, the Permanent Select Committee on 
Intelligence, the Committee on Homeland Security, and 
the Committee on Science and Technology of the House 
of Representatives. 
‘‘(2) FORM.—The annual report submitted under paragraph 
(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 nuclear detec-
tion architecture’ means the global nuclear detection architecture 
developed under section 1902.’’. 
(b) CLERICAL 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 104, the following: 
‘‘Sec. 1907. Joint annual interagency review of global nuclear detection architec-
ture.’’. 
SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECH-
NOLOGIES. 
(a) RESPONSIBILITY OF SECRETARY.—The Secretary of Homeland 
Security shall have responsibility for ensuring that domestic chem-
ical, biological, radiological, and nuclear detection equipment and 
technologies are integrated, as appropriate, with other border secu-
rity systems and detection technologies. 
6 USC 921a. 
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121 STAT. 381 
PUBLIC LAW 110–53—AUG. 3, 2007 
(b) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Secretary shall submit a report to Congress 
that contains a plan to develop a departmental technology assess-
ment process to determine and certify the technology readiness 
levels of chemical, biological, radiological, and nuclear detection 
technologies before the full deployment of such technologies within 
the United States. 
TITLE 
XII—TRANSPORTATION 
SECU-
RITY PLANNING AND INFORMATION 
SHARING 
SEC. 1201. DEFINITIONS. 
For purposes of this title, the following terms apply: 
(1) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING. 
(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 
security risks, including threats, vulnerabilities, and con-
sequences, for aviation, railroad, ferry, highway, maritime, 
pipeline, public transportation, over-the-road bus, and other 
transportation infrastructure assets.’’. 
(b) CONTENTS
OF
THE NATIONAL STRATEGY
FOR TRANSPOR-
TATION SECURITY.—Section 114(t)(3) of such title is amended— 
(1) in subparagraph (B), by inserting ‘‘, based on risk 
assessments conducted or received by the Secretary of Home-
land Security (including assessments conducted under the 
Implementing Recommendations of the 9/11 Commission Act 
of 2007’’ after ‘‘risk based priorities’’; 
(2) in subparagraph (D)— 
(A) by striking ‘‘and local’’ and inserting ‘‘local, and 
tribal’’; and 
(B) by striking ‘‘private sector cooperation and partici-
pation’’ and inserting ‘‘cooperation and participation by pri-
vate sector entities, including nonprofit employee labor 
organizations,’’; 
(3) in subparagraph (E)— 
(A) by striking ‘‘response’’ and inserting ‘‘prevention, 
response,’’; and 
(B) by inserting ‘‘and threatened and executed acts 
of terrorism outside the United States to the extent such 
acts affect United States transportation systems’’ before 
the period at the end; 
(4) in subparagraph (F), by adding at the end the following: 
‘‘Transportation security research and development projects 
shall be based, to the extent practicable, on such prioritization. 
Nothing in the preceding sentence shall be construed to require 
the termination of any research or development project initiated 
by the Secretary of Homeland Security or the Secretary of 
6 USC 1101. 
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121 STAT. 382 
PUBLIC LAW 110–53—AUG. 3, 2007 
Transportation before the date of enactment of the Imple-
menting Recommendations of the 9/11 Commission Act of 
2007.’’; and 
(5) by adding at the end the following: 
‘‘(G) A 3- and 10-year budget for Federal transportation 
security programs that will achieve the priorities of the 
National Strategy for Transportation Security. 
‘‘(H) Methods for linking the individual transportation 
modal security plans and the programs contained therein, 
and a plan for addressing the security needs of intermodal 
transportation. 
‘‘(I) Transportation modal security plans described in 
paragraph (1)(B), including operational recovery plans to 
expedite, to the maximum extent practicable, the return 
to operation of an adversely affected transportation system 
following a major terrorist attack on that system or other 
incident. These plans shall be coordinated with the resump-
tion of trade protocols required under section 202 of the 
SAFE Port Act (6 U.S.C. 942) and the National Maritime 
Transportation Security Plan required under section 
70103(a) of title 46.’’. 
(c) PERIODIC PROGRESS REPORTS.—Section 114(t)(4) of such title 
is amended— 
(1) in subparagraph (C)— 
(A) in clause (i) by inserting ‘‘, including the transpor-
tation modal security plans’’ before the period at the end; 
and 
(B) by striking clause (ii) and inserting the following: 
‘‘(ii) CONTENT.—Each progress report submitted 
under this subparagraph shall include, at a minimum, 
the following: 
‘‘(I) Recommendations for improving and 
implementing the National Strategy for Transpor-
tation Security and the transportation modal and 
intermodal security plans that the Secretary of 
Homeland Security, in consultation with the Sec-
retary of Transportation, considers appropriate. 
‘‘(II) An accounting of all grants for transpor-
tation security, including grants and contracts for 
research and development, awarded by the Sec-
retary of Homeland Security in the most recent 
fiscal year and a description of how such grants 
accomplished the goals of the National Strategy 
for Transportation Security. 
‘‘(III) An accounting of all— 
‘‘(aa) funds requested in the President’s 
budget submitted pursuant to section 1105 of 
title 31 for the most recent fiscal year for 
transportation security, by mode; 
‘‘(bb) personnel working on transportation 
security by mode, including the number of con-
tractors; and 
‘‘(cc) information on the turnover in the 
previous year among senior staff of the 
Department of Homeland Security, including 
component agencies, working on transpor-
tation security issues. Such information shall 
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121 STAT. 383 
PUBLIC LAW 110–53—AUG. 3, 2007 
include the number of employees who have 
permanently left the office, agency, or area 
in which they worked, and the amount of time 
that they worked for the Department. 
‘‘(iii) WRITTEN EXPLANATION OF TRANSPORTATION 
SECURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL 
STRATEGY FOR TRANSPORTATION SECURITY.—At the end 
of each fiscal year, the Secretary of Homeland Security 
shall submit to the appropriate congressional commit-
tees a written explanation of any Federal transpor-
tation security activity that is inconsistent with the 
National 
Strategy 
for 
Transportation 
Security, 
including the amount of funds to be expended for the 
activity and the number of personnel involved.’’; and 
(2) by striking subparagraph (E) and inserting the fol-
lowing: 
‘‘(E) 
APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this subsection, the term ‘appropriate 
congressional committees’ means the Committee on 
Transportation and Infrastructure and the Committee on 
Homeland Security of the House of Representatives and 
the Committee on Commerce, Science, and Transportation, 
the Committee on Homeland Security and Governmental 
Affairs, and the Committee on Banking, Housing, and 
Urban Affairs of the Senate.’’. 
(d) PRIORITY STATUS.—Section 114(t)(5)(B) of such title is 
amended— 
(1) in clause (iii), by striking ‘‘and’’ at the end; 
(2) by redesignating clause (iv) as clause (v); and 
(3) by inserting after clause (iii) the following: 
‘‘(iv) 
the 
transportation 
sector 
specific 
plan 
required under Homeland Security Presidential Direc-
tive–7; and’’. 
(e) COORDINATION AND PLAN DISTRIBUTION.—Section 114(t) of 
such title is amended by adding at the end the following: 
‘‘(6) COORDINATION.—In carrying out the responsibilities 
under this section, the Secretary of Homeland Security, in 
coordination with the Secretary of Transportation, shall consult, 
as appropriate, with Federal, State, and local agencies, tribal 
governments, private sector entities (including nonprofit 
employee labor organizations), institutions of higher learning, 
and other entities. 
‘‘(7) PLAN DISTRIBUTION.—The Secretary of Homeland Secu-
rity shall make available and appropriately publicize an 
unclassified version of the National Strategy for Transportation 
Security, including its component transportation modal security 
plans, to Federal, State, regional, local and tribal authorities, 
transportation system owners or operators, private sector stake-
holders, including nonprofit employee labor organizations rep-
resenting transportation employees, institutions of higher 
learning, and other appropriate entities.’’. 
SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING. 
(a) IN GENERAL.—Section 114 of title 49, United States Code, 
is amended by adding at the end the following: 
‘‘(u) TRANSPORTATION SECURITY INFORMATION SHARING PLAN.— 
‘‘(1) DEFINITIONS.—In this subsection: 
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121 STAT. 384 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The 
term ‘appropriate congressional committees’ has the 
meaning given that term in subsection (t). 
‘‘(B) PLAN.—The term ‘Plan’ means the Transportation 
Security Information Sharing Plan established under para-
graph (2). 
‘‘(C) PUBLIC AND PRIVATE STAKEHOLDERS.—The term 
‘public and private stakeholders’ means Federal, State, and 
local agencies, tribal governments, and appropriate private 
entities, including nonprofit employee labor organizations 
representing transportation employees. 
‘‘(D) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Homeland Security. 
‘‘(E) TRANSPORTATION
SECURITY
INFORMATION.—The 
term ‘transportation security information’ means informa-
tion relating to the risks to transportation modes, including 
aviation, public transportation, railroad, ferry, highway, 
maritime, pipeline, and over-the-road bus transportation, 
and may include specific and general intelligence products, 
as appropriate. 
‘‘(2) ESTABLISHMENT OF PLAN.—The Secretary of Homeland 
Security, in consultation with the program manager of the 
information sharing environment established under section 
1016 of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (6 U.S.C. 485), the Secretary of Transportation, and 
public and private stakeholders, shall establish a Transpor-
tation Security Information Sharing Plan. In establishing the 
Plan, the Secretary shall gather input on the development 
of the Plan from private and public stakeholders and the pro-
gram manager of the information sharing environment estab-
lished under section 1016 of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (6 U.S.C. 485). 
‘‘(3) PURPOSE OF PLAN.—The Plan shall promote sharing 
of transportation security information between the Department 
of Homeland Security and public and private stakeholders. 
‘‘(4) CONTENT OF PLAN.—The Plan shall include— 
‘‘(A) a description of how intelligence analysts within 
the Department of Homeland Security will coordinate their 
activities within the Department and with other Federal, 
State, and local agencies, and tribal governments, including 
coordination with existing modal information sharing cen-
ters and the center described in section 1410 of the Imple-
menting Recommendations of the 9/11 Commission Act of 
2007; 
‘‘(B) the establishment of a point of contact, which 
may be a single point of contact within the Department 
of Homeland Security, for each mode of transportation for 
the sharing of transportation security information with 
public and private stakeholders, including an explanation 
and justification to the appropriate congressional commit-
tees if the point of contact established pursuant to this 
subparagraph differs from the agency within the Depart-
ment that has the primary authority, or has been delegated 
such authority by the Secretary, to regulate the security 
of that transportation mode; 
‘‘(C) a reasonable deadline by which the Plan will be 
implemented; and 
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121 STAT. 385 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(D) a description of resource needs for fulfilling the 
Plan. 
‘‘(5) COORDINATION WITH INFORMATION SHARING .—The Plan 
shall be— 
‘‘(A) implemented in coordination, as appropriate, with 
the program manager for the information sharing environ-
ment established under section 1016 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485); and 
‘‘(B) consistent with the establishment of the informa-
tion sharing environment and any policies, guidelines, 
procedures, instructions, or standards established by the 
President or the program manager for the implementation 
and management of the information sharing environment. 
‘‘(6) REPORTS TO CONGRESS.— 
‘‘(A) IN GENERAL.—Not later than 150 days after the 
date of enactment of this subsection, and annually there-
after, the Secretary shall submit to the appropriate congres-
sional committees, a report containing the Plan. 
‘‘(B) ANNUAL REPORT.—Not later than 1 year after the 
date of enactment of this subsection, the Secretary shall 
submit to the appropriate congressional committees a 
report on updates to and the implementation of the Plan. 
‘‘(7) SURVEY AND REPORT.— 
‘‘(A) IN
GENERAL.—The Comptroller General of the 
United States shall conduct a biennial survey of the satis-
faction of recipients of transportation intelligence reports 
disseminated under the Plan. 
‘‘(B) INFORMATION
SOUGHT.—The survey conducted 
under subparagraph (A) shall seek information about the 
quality, speed, regularity, and classification of the transpor-
tation security information products disseminated by the 
Department of Homeland Security to public and private 
stakeholders. 
‘‘(C) REPORT.—Not later than 1 year after the date 
of the enactment of the Implementing Recommendations 
of the 9/11 Commission Act of 2007, and every even num-
bered year thereafter, the Comptroller General shall submit 
to the appropriate congressional committees, a report on 
the results of the survey conducted under subparagraph 
(A). The Comptroller General shall also provide a copy 
of the report to the Secretary. 
‘‘(8) SECURITY CLEARANCES.—The Secretary shall, to the 
greatest extent practicable, take steps to expedite the security 
clearances needed for designated public and private stake-
holders to receive and obtain access to classified information 
distributed under this section, as appropriate. 
‘‘(9) CLASSIFICATION OF MATERIAL.—The Secretary, to the 
greatest extent practicable, shall provide designated public and 
private stakeholders with transportation security information 
in an unclassified format.’’. 
(b) CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE FOR 
PUBLIC AND PRIVATE STAKEHOLDERS.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
Secretary shall provide a semiannual report to the Committee 
on Homeland Security and Governmental Affairs, the Com-
mittee on Commerce, Science, and Transportation, and the 
Reports. 
49 USC 114 note. 
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121 STAT. 386 
PUBLIC LAW 110–53—AUG. 3, 2007 
Committee on Banking, Housing, and Urban Affairs of the 
Senate and the Committee on Homeland Security and the Com-
mittee on Transportation and Infrastructure of the House of 
Representatives that includes— 
(A) the number of public and private stakeholders who 
were provided with each report; 
(B) a description of the measures the Secretary has 
taken, under section 114(u)(7) of title 49, United States 
Code, as added by this section, or otherwise, to ensure 
proper treatment and security for any classified information 
to be shared with the public and private stakeholders under 
the Plan; and 
(C) an explanation of the reason for the denial of 
transportation security information to any stakeholder who 
had previously received such information. 
(2) NO
REPORT
REQUIRED
IF
NO
CHANGES
IN
STAKE-
HOLDERS.—The Secretary is not required to provide a semi-
annual report under paragraph (1) if no stakeholders have 
been added to or removed from the group of persons with 
whom transportation security information is shared under the 
plan since the end of the period covered by the last preceding 
semiannual report. 
SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM. 
(a) IN GENERAL.—The Secretary is authorized to establish, 
operate, and maintain a National Domestic Preparedness Consor-
tium within the Department. 
(b) MEMBERS.—Members of the National Domestic Prepared-
ness Consortium shall consist of— 
(1) the Center for Domestic Preparedness; 
(2) the National Energetic Materials Research and Testing 
Center, New Mexico Institute of Mining and Technology; 
(3) the National Center for Biomedical Research and 
Training, Louisiana State University; 
(4) the National Emergency Response and Rescue Training 
Center, Texas A&M University; 
(5) the National Exercise, Test, and Training Center, 
Nevada Test Site; 
(6) the Transportation Technology Center, Incorporated, 
in Pueblo, Colorado; and 
(7) the National Disaster Preparedness Training Center, 
University of Hawaii. 
(c) DUTIES.—The National Domestic Preparedness Consortium 
shall identify, develop, test, and deliver training to State, local, 
and tribal emergency response providers, provide on-site and mobile 
training at the performance and management and planning levels, 
and facilitate the delivery of training by the training partners 
of the Department. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary— 
(1) for the Center for Domestic Preparedness— 
(A) $57,000,000 for fiscal year 2008; 
(B) $60,000,000 for fiscal year 2009; 
(C) $63,000,000 for fiscal year 2010; and 
(D) $66,000,000 for fiscal year 2011; and 
(2) for the National Energetic Materials Research and 
Testing Center, the National Center for Biomedical Research 
Establishment. 
6 USC 1102. 
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121 STAT. 387 
PUBLIC LAW 110–53—AUG. 3, 2007 
and Training, the National Emergency Response and Rescue 
Training Center, the National Exercise, Test, and Training 
Center, the Transportation Technology Center, Incorporated, 
and the National Disaster Preparedness Training Center each— 
(A) $22,000,000 for fiscal year 2008; 
(B) $23,000,000 for fiscal year 2009; 
(C) $24,000,000 for fiscal year 2010; and 
(D) $25,500,000 for fiscal year 2011. 
(e) SAVINGS
PROVISION.—From the amounts appropriated 
pursuant to this section, the Secretary shall ensure that future 
amounts provided to each of the following entities are not less 
than the amounts provided to each such entity for participation 
in the Consortium in fiscal year 2007— 
(1) the Center for Domestic Preparedness; 
(2) the National Energetic Materials Research and Testing 
Center, New Mexico Institute of Mining and Technology; 
(3) the National Center for Biomedical Research and 
Training, Louisiana State University; 
(4) the National Emergency Response and Rescue Training 
Center, Texas A&M University; and 
(5) the National Exercise, Test, and Training Center, 
Nevada Test Site. 
SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCEL-
LENCE. 
(a) ESTABLISHMENT.—The Secretary shall establish a National 
Transportation Security Center of Excellence to conduct research 
and education activities, and to develop or provide professional 
security training, including the training of transportation employees 
and transportation professionals. 
(b) DESIGNATION.—The Secretary shall select one of the institu-
tions identified in subsection (c) as the lead institution responsible 
for coordinating the National Transportation Security Center of 
Excellence. 
(c) MEMBER INSTITUTIONS.— 
(1) CONSORTIUM.—The institution of higher education 
selected under subsection (b) shall execute agreements with 
the other institutions of higher education identified in this 
subsection and other institutions designated by the Secretary 
to develop a consortium to assist in accomplishing the goals 
of the Center. 
(2) MEMBERS.—The National Transportation Security 
Center of Excellence shall consist of— 
(A) Texas Southern University in Houston, Texas; 
(B) the National Transit Institute at Rutgers, The State 
University of New Jersey; 
(C) Tougaloo College; 
(D) the Connecticut Transportation Institute at the 
University of Connecticut; 
(E) the Homeland Security Management Institute, 
Long Island University; 
(F) the Mack-Blackwell National Rural Transportation 
Study Center at the University of Arkansas; and 
(G) any additional institutions or facilities designated 
by the Secretary. 
6 USC 1103. 
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121 STAT. 388 
PUBLIC LAW 110–53—AUG. 3, 2007 
(3) CERTAIN INCLUSIONS.—To the extent practicable, the 
Secretary shall ensure that an appropriate number of any addi-
tional consortium colleges or universities designated by the 
Secretary under this subsection are Historically Black Colleges 
and Universities, Hispanic Serving Institutions, and Indian 
Tribally Controlled Colleges and Universities. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section— 
(1) $18,000,000 for fiscal year 2008; 
(2) $18,000,000 for fiscal year 2009; 
(3) $18,000,000 for fiscal year 2010; and 
(4) $18,000,000 for fiscal year 2011. 
SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST 
ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE. 
(a) IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY 
OR SUSPICIOUS BEHAVIOR.— 
(1) IN GENERAL.—Any person who, in good faith and based 
on objectively reasonable suspicion, makes, or causes to be 
made, a voluntary report of covered activity to an authorized 
official shall be immune from civil liability under Federal, State, 
and local law for such report. 
(2) FALSE REPORTS.—Paragraph (1) shall not apply to any 
report that the person knew to be false or was made with 
reckless disregard for the truth at the time that person made 
that report. 
(b) IMMUNITY FOR RESPONSE.— 
(1) IN GENERAL.—Any authorized official who observes, or 
receives a report of, covered activity and takes reasonable action 
in good faith to respond to such activity shall have qualified 
immunity from civil liability for such action, consistent with 
applicable law in the relevant jurisdiction. An authorized official 
as defined by subsection (d)(1)(A) not entitled to assert the 
defense of qualified immunity shall nevertheless be immune 
from civil liability under Federal, State, and local law if such 
authorized official takes reasonable action, in good faith, to 
respond to the reported activity. 
(2) SAVINGS
CLAUSE.—Nothing in this subsection shall 
affect the ability of any authorized official to assert any defense, 
privilege, or immunity that would otherwise be available, and 
this subsection shall not be construed as affecting any such 
defense, privilege, or immunity. 
(c) ATTORNEY FEES AND COSTS.—Any person or authorized offi-
cial found to be immune from civil liability under this section 
shall be entitled to recover from the plaintiff all reasonable costs 
and attorney fees. 
(d) DEFINITIONS.—In this section: 
(1) AUTHORIZED OFFICIAL.—The term ‘‘authorized official’’ 
means— 
(A) any employee or agent of a passenger transpor-
tation system or other person with responsibilities relating 
to the security of such systems; 
(B) any officer, employee, or agent of the Department 
of Homeland Security, the Department of Transportation, 
or the Department of Justice with responsibilities relating 
to the security of passenger transportation systems; or 
(C) any Federal, State, or local law enforcement officer. 
6 USC 1104. 
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121 STAT. 389 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) COVERED ACTIVITY.—The term ‘‘covered activity’’ means 
any suspicious transaction, activity, or occurrence that involves, 
or is directed against, a passenger transportation system or 
vehicle or its passengers indicating that an individual may 
be engaging, or preparing to engage, in a violation of law 
relating to— 
(A) a threat to a passenger transportation system or 
passenger safety or security; or 
(B) an act of terrorism (as that term is defined in 
section 3077 of title 18, United States Code). 
(3) PASSENGER
TRANSPORTATION.—The term ‘‘passenger 
transportation’’ means— 
(A) public transportation, as defined in section 5302 
of title 49, United States Code; 
(B) over-the-road bus transportation, as defined in title 
XV of this Act, and school bus transportation; 
(C) intercity passenger rail transportation as defined 
in section 24102 of title 49, United States Code; 
(D) the transportation of passengers onboard a pas-
senger vessel as defined in section 2101 of title 46, United 
States Code; 
(E) other regularly scheduled waterborne transpor-
tation service of passengers by vessel of at least 20 gross 
tons; and 
(F) air transportation, as defined in section 40102 of 
title 49, United States Code, of passengers. 
(4) PASSENGER TRANSPORTATION SYSTEM.—The term ‘‘pas-
senger transportation system’’ means an entity or entities orga-
nized to provide passenger transportation using vehicles, 
including the infrastructure used to provide such transpor-
tation. 
(5) VEHICLE.—The term ‘‘vehicle’’ has the meaning given 
to that term in section 1992(16) of title 18, United States 
Code. 
(e) EFFECTIVE DATE.—This section shall take effect on October 
1, 2006, and shall apply to all activities and claims occurring 
on or after such date. 
TITLE XIII—TRANSPORTATION 
SECURITY ENHANCEMENTS 
SEC. 1301. DEFINITIONS. 
For purposes of this title, the following terms apply: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
on Commerce, Science, and Transportation, the Committee on 
Banking, Housing, and Urban Affairs, and the Committee on 
Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives. 
(2) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security. 
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
6 USC 1111. 
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121 STAT. 390 
PUBLIC LAW 110–53—AUG. 3, 2007 
(4) STATE.—The term ‘‘State’’ means any one of the 50 
States, the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, Guam, American Samoa, 
and any other territory or possession of the United States. 
(5) TERRORISM.—The term ‘‘terrorism’’ has the meaning 
that term has in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101). 
(6) UNITED STATES.—The term ‘‘United States’’ means the 
50 States, the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, Guam, American Samoa, 
and any other territory or possession of the United States. 
SEC. 1302. ENFORCEMENT AUTHORITY. 
(a) IN GENERAL.—Section 114 of title 49, United States Code, 
as amended by section 1203 of this Act, is further amended by 
adding at the end the following: 
‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SEC-
RETARY OF HOMELAND SECURITY.— 
‘‘(1) APPLICATION OF SUBSECTION.— 
‘‘(A) IN
GENERAL.—This subsection applies to the 
enforcement of regulations prescribed, and orders issued, 
by the Secretary of Homeland Security under a provision 
of chapter 701 of title 46 and under a provision of this 
title other than a provision of chapter 449 (in this sub-
section referred to as an ‘applicable provision of this title’). 
‘‘(B) VIOLATIONS OF CHAPTER 449.—The penalties for 
violations of regulations prescribed and orders issued by 
the Secretary of Homeland Security under chapter 449 
of this title are provided under chapter 463 of this title. 
‘‘(C) NONAPPLICATION TO CERTAIN VIOLATIONS.— 
‘‘(i) Paragraphs (2) through (5) do not apply to 
violations of regulations prescribed, and orders issued, 
by the Secretary of Homeland Security under a provi-
sion of this title— 
‘‘(I) involving the transportation of personnel 
or shipments of materials by contractors where 
the Department of Defense has assumed control 
and responsibility; 
‘‘(II) by a member of the armed forces of the 
United States when performing official duties; or 
‘‘(III) by a civilian employee of the Department 
of Defense when performing official duties. 
‘‘(ii) Violations described in subclause (I), (II), or 
(III) of clause (i) shall be subject to penalties as deter-
mined by the Secretary of Defense or the Secretary’s 
designee. 
‘‘(2) CIVIL PENALTY.— 
‘‘(A) IN GENERAL.—A person is liable to the United 
States Government for a civil penalty of not more than 
$10,000 for a violation of a regulation prescribed, or order 
issued, by the Secretary of Homeland Security under an 
applicable provision of this title. 
‘‘(B) REPEAT VIOLATIONS.—A separate violation occurs 
under this paragraph for each day the violation continues. 
‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.— 
‘‘(A) IN GENERAL.—The Secretary of Homeland Security 
may impose a civil penalty for a violation of a regulation 
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121 STAT. 391 
PUBLIC LAW 110–53—AUG. 3, 2007 
prescribed, or order issued, under an applicable provision 
of this title. The Secretary shall give written notice of 
the finding of a violation and the penalty. 
‘‘(B) SCOPE OF CIVIL ACTION.—In a civil action to collect 
a civil penalty imposed by the Secretary under this sub-
section, a court may not re-examine issues of liability or 
the amount of the penalty. 
‘‘(C) JURISDICTION.—The district courts of the United 
States shall have exclusive jurisdiction of civil actions to 
collect a civil penalty imposed by the Secretary under this 
subsection if— 
‘‘(i) the amount in controversy is more than— 
‘‘(I) $400,000, if the violation was committed 
by a person other than an individual or small 
business concern; or 
‘‘(II) $50,000 if the violation was committed 
by an individual or small business concern; 
‘‘(ii) the action is in rem or another action in rem 
based on the same violation has been brought; or 
‘‘(iii) another action has been brought for an injunc-
tion based on the same violation. 
‘‘(D) MAXIMUM PENALTY.—The maximum civil penalty 
the Secretary administratively may impose under this para-
graph is— 
‘‘(i) $400,000, if the violation was committed by 
a person other than an individual or small business 
concern; or 
‘‘(ii) $50,000, if the violation was committed by 
an individual or small business concern. 
‘‘(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.— 
Before imposing a penalty under this section the Secretary 
shall provide to the person against whom the penalty is 
to be imposed— 
‘‘(i) written notice of the proposed penalty; and 
‘‘(ii) the opportunity to request a hearing on the 
proposed penalty, if the Secretary receives the request 
not later than 30 days after the date on which the 
person receives notice. 
‘‘(4) COMPROMISE AND SETOFF.— 
‘‘(A) The Secretary may compromise the amount of 
a civil penalty imposed under this subsection. 
‘‘(B) The Government may deduct the amount of a 
civil penalty imposed or compromised under this subsection 
from amounts it owes the person liable for the penalty. 
‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—Chapter 461 shall 
apply to investigations and proceedings brought under this 
subsection to the same extent that it applies to investigations 
and proceedings brought with respect to aviation security duties 
designated to be carried out by the Secretary. 
‘‘(6) DEFINITIONS.—In this subsection: 
‘‘(A) PERSON.—The term ‘person’ does not include— 
‘‘(i) the United States Postal Service; or 
‘‘(ii) the Department of Defense. 
‘‘(B) SMALL BUSINESS CONCERN.—The term ‘small busi-
ness concern’ has the meaning given that term in section 
3 of the Small Business Act (15 U.S.C. 632). 
‘‘(7) ENFORCEMENT TRANSPARENCY.— 
Applicability. 
Deadline. 
Notification. 
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121 STAT. 392 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(A) IN GENERAL.—Not later than December 31, 2008, 
and annually thereafter, the Secretary shall— 
‘‘(i) provide an annual summary to the public of 
all enforcement actions taken by the Secretary under 
this subsection; and 
‘‘(ii) include in each such summary the docket 
number of each enforcement action, the type of alleged 
violation, the penalty or penalties proposed, and the 
final assessment amount of each penalty. 
‘‘(B) ELECTRONIC AVAILABILITY.—Each summary under 
this paragraph shall be made available to the public by 
electronic means. 
‘‘(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION 
ACT
AND
THE
PRIVACY
ACT.—Nothing in this subsection 
shall be construed to require disclosure of information or 
records that are exempt from disclosure under sections 
552 or 552a of title 5. 
‘‘(D) ENFORCEMENT
GUIDANCE.—Not later than 180 
days after the enactment of the Implementing Rec-
ommendations of the 9/11 Commission Act of 2007, the 
Secretary shall provide a report to the public describing 
the enforcement process established under this sub-
section.’’. 
(b) CONFORMING AMENDMENT.—Section 46301(a)(4) of title 49, 
United States Code, is amended by striking ‘‘or another requirement 
under this title administered by the Under Secretary of Transpor-
tation for Security’’. 
SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION 
AND RESPONSE TEAMS. 
(a) IN GENERAL.—The Secretary, acting through the Adminis-
trator of the Transportation Security Administration, may develop 
Visible Intermodal Prevention and Response (referred to in this 
section as ‘‘VIPR’’) teams to augment the security of any mode 
of transportation at any location within the United States. In 
forming a VIPR team, the Secretary— 
(1) may use any asset of the Department, including Federal 
air marshals, surface transportation security inspectors, canine 
detection teams, and advanced screening technology; 
(2) may determine when a VIPR team shall be deployed, 
as well as the duration of the deployment; 
(3) shall, prior to and during the deployment, consult with 
local security and law enforcement officials in the jurisdiction 
where the VIPR team is or will be deployed, to develop and 
agree upon the appropriate operational protocols and provide 
relevant information about the mission of the VIPR team, as 
appropriate; and 
(4) shall, prior to and during the deployment, consult with 
all transportation entities directly affected by the deployment 
of a VIPR team, as appropriate, including railroad carriers, 
air carriers, airport owners, over-the-road bus operators and 
terminal owners and operators, motor carriers, public transpor-
tation agencies, owners or operators of highways, port operators 
and facility owners, vessel owners and operators and pipeline 
operators. 
6 USC 1112. 
Deadline. 
Reports. 
Public 
information. 
Public 
information. 
Deadline. 
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121 STAT. 393 
PUBLIC LAW 110–53—AUG. 3, 2007 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to carry out this section such 
sums as necessary for fiscal years 2007 through 2011. 
SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS. 
(a) IN GENERAL.—The Secretary, acting through the Adminis-
trator of the Transportation Security Administration, is authorized 
to train, employ, and utilize surface transportation security inspec-
tors. 
(b) MISSION.—The Secretary shall use surface transportation 
security inspectors to assist surface transportation carriers, opera-
tors, owners, entities, and facilities to enhance their security against 
terrorist attack and other security threats and to assist the Sec-
retary in enforcing applicable surface transportation security regula-
tions and directives. 
(c) AUTHORITIES.—Surface transportation security inspectors 
employed pursuant to this section shall be authorized such powers 
and delegated such responsibilities as the Secretary determines 
appropriate, subject to subsection (e). 
(d) REQUIREMENTS.—The Secretary shall require that surface 
transportation security inspectors have relevant transportation 
experience and other security and inspection qualifications, as deter-
mined appropriate. 
(e) LIMITATIONS.— 
(1) INSPECTORS.—Surface transportation inspectors shall 
be prohibited from issuing fines to public transportation agen-
cies, as defined in title XIV, for violations of the Department’s 
regulations or orders except through the process described in 
paragraph (2). 
(2) CIVIL PENALTIES.—The Secretary shall be prohibited 
from assessing civil penalties against public transportation 
agencies, as defined in title XIV, for violations of the Depart-
ment’s regulations or orders, except in accordance with the 
following: 
(A) In the case of a public transportation agency that 
is found to be in violation of a regulation or order issued 
by the Secretary, the Secretary shall seek correction of 
the violation through a written notice to the public 
transportation agency and shall give the public transpor-
tation agency reasonable opportunity to correct the viola-
tion or propose an alternative means of compliance accept-
able to the Secretary. 
(B) If the public transportation agency does not correct 
the violation or propose an alternative means of compliance 
acceptable to the Secretary within a reasonable time period 
that is specified in the written notice, the Secretary may 
take any action authorized in section 114 of title 49, United 
States Code, as amended by this Act. 
(3) LIMITATION ON SECRETARY.—The Secretary shall not 
initiate civil enforcement actions for violations of administrative 
and procedural requirements pertaining to the application for, 
and expenditure of, funds awarded under transportation secu-
rity grant programs under this Act. 
(f) NUMBER OF INSPECTORS.—The Secretary shall employ up 
to a total of— 
(1) 100 surface transportation security inspectors in fiscal 
year 2007; 
Notification. 
6 USC 1113. 
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121 STAT. 394 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) 150 surface transportation security inspectors in fiscal 
year 2008; 
(3) 175 surface transportation security inspectors in fiscal 
year 2009; and 
(4) 200 surface transportation security inspectors in fiscal 
years 2010 and 2011. 
(g) COORDINATION.—The Secretary shall ensure that the mis-
sion of the surface transportation security inspectors is consistent 
with any relevant risk assessments required by this Act or com-
pleted by the Department, the modal plans required under section 
114(t) of title 49, United States Code, the Memorandum of Under-
standing between the Department and the Department of Transpor-
tation on Roles and Responsibilities, dated September 28, 2004, 
and any and all subsequent annexes to this Memorandum of Under-
standing, and other relevant documents setting forth the Depart-
ment’s transportation security strategy, as appropriate. 
(h) CONSULTATION.—The Secretary shall periodically consult 
with the surface transportation entities which are or may be 
inspected by the surface transportation security inspectors, 
including, as appropriate, railroad carriers, over-the-road bus opera-
tors and terminal owners and operators, motor carriers, public 
transportation agencies, owners or operators of highways, and pipe-
line operators on— 
(1) the inspectors’ duties, responsibilities, authorities, and 
mission; and 
(2) strategies to improve transportation security and to 
ensure compliance with transportation security requirements. 
(i) REPORT.—Not later than September 30, 2008, the Depart-
ment of Homeland Security Inspector General shall transmit a 
report to the appropriate congressional committees on the perform-
ance and effectiveness of surface transportation security inspectors, 
whether there is a need for additional inspectors, and other rec-
ommendations. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to carry out this section— 
(1) $11,400,000 for fiscal year 2007; 
(2) $17,100,000 for fiscal year 2008; 
(3) $19,950,000 for fiscal year 2009; 
(4) $22,800,000 for fiscal year 2010; and 
(5) $22,800,000 for fiscal year 2011. 
SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY 
INFORMATION SHARING. 
(a) IN GENERAL.— 
(1) INFORMATION SHARING.—The Secretary, in consultation 
with the Secretary of Transportation, shall establish a program 
to provide appropriate information that the Department has 
gathered or developed on the performance, use, and testing 
of technologies that may be used to enhance railroad, public 
transportation, and surface transportation security to surface 
transportation entities, including railroad carriers, over-the- 
road bus operators and terminal owners and operators, motor 
carriers, public transportation agencies, owners or operators 
of highways, pipeline operators, and State, local, and tribal 
governments that provide security assistance to such entities. 
(2) DESIGNATION
OF
QUALIFIED
ANTITERRORISM
TECH-
NOLOGIES.—The Secretary shall include in such information 
6 USC 1114. 
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121 STAT. 395 
PUBLIC LAW 110–53—AUG. 3, 2007 
provided in paragraph (1) whether the technology is designated 
as a qualified antiterrorism technology under the Support Anti- 
terrorism by Fostering Effective Technologies Act of 2002 
(Public Law 107–296), as appropriate. 
(b) PURPOSE.—The purpose of the program is to assist eligible 
grant recipients under this Act and others, as appropriate, to pur-
chase and use the best technology and equipment available to 
meet the security needs of the Nation’s surface transportation 
system. 
(c) COORDINATION.—The Secretary shall ensure that the pro-
gram established under this section makes use of and is consistent 
with other Department technology testing, information sharing, 
evaluation, and standards-setting programs, as appropriate. 
SEC. 1306. TSA PERSONNEL LIMITATIONS. 
Any statutory limitation on the number of employees in the 
Transportation Security Administration does not apply to employees 
carrying out this title and titles XII, XIV, and XV. 
SEC. 
1307. 
NATIONAL 
EXPLOSIVES 
DETECTION 
CANINE 
TEAM 
TRAINING PROGRAM. 
(a) DEFINITIONS.—For purposes of this section, the term ‘‘explo-
sives detection canine team’’ means a canine and a canine handler 
that are trained to detect explosives, radiological materials, chem-
ical, nuclear or biological weapons, or other threats as defined 
by the Secretary. 
(b) IN GENERAL.— 
(1) INCREASED CAPACITY.—Not later than 180 days after 
the date of enactment of this Act, the Secretary of Homeland 
Security shall— 
(A) begin to increase the number of explosives detection 
canine teams certified by the Transportation Security 
Administration for the purposes of transportation-related 
security by up to 200 canine teams annually by the end 
of 2010; and 
(B) encourage State, local, and tribal governments and 
private owners of high-risk transportation facilities to 
strengthen security through the use of highly trained explo-
sives detection canine teams. 
(2) EXPLOSIVES DETECTION CANINE TEAMS.—The Secretary 
of Homeland Security shall increase the number of explosives 
detection canine teams by— 
(A) using the Transportation Security Administration’s 
National Explosives Detection Canine Team Training 
Center, including expanding and upgrading existing facili-
ties, procuring and breeding additional canines, and 
increasing staffing and oversight commensurate with the 
increased training and deployment capabilities; 
(B) partnering with other Federal, State, or local agen-
cies, nonprofit organizations, universities, or the private 
sector to increase the training capacity for canine detection 
teams; 
(C) procuring explosives detection canines trained by 
nonprofit organizations, universities, or the private sector 
provided they are trained in a manner consistent with 
the standards and requirements developed pursuant to sub-
section (c) or other criteria developed by the Secretary; 
or 
Deadline. 
6 USC 1116. 
6 USC 1115. 
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121 STAT. 396 
PUBLIC LAW 110–53—AUG. 3, 2007 
(D) a combination of subparagraphs (A), (B), and (C), 
as appropriate. 
(c) STANDARDS FOR EXPLOSIVES DETECTION CANINE TEAMS.— 
(1) IN GENERAL.—Based on the feasibility in meeting the 
ongoing demand for quality explosives detection canine teams, 
the Secretary shall establish criteria, including canine training 
curricula, performance standards, and other requirements 
approved by the Transportation Security Administration nec-
essary to ensure that explosives detection canine teams trained 
by nonprofit organizations, universities, and private sector enti-
ties are adequately trained and maintained. 
(2) EXPANSION.—In developing and implementing such cur-
riculum, performance standards, and other requirements, the 
Secretary shall— 
(A) coordinate with key stakeholders, including inter-
national, Federal, State, and local officials, and private 
sector and academic entities to develop best practice guide-
lines for such a standardized program, as appropriate; 
(B) require that explosives detection canine teams 
trained by nonprofit organizations, universities, or private 
sector entities that are used or made available by the 
Secretary be trained consistent with specific training cri-
teria developed by the Secretary; and 
(C) review the status of the private sector programs 
on at least an annual basis to ensure compliance with 
training curricula, performance standards, and other 
requirements. 
(d) DEPLOYMENT.—The Secretary shall— 
(1) use the additional explosives detection canine teams 
as part of the Department’s efforts to strengthen security across 
the Nation’s transportation network, and may use the canine 
teams on a more limited basis to support other homeland 
security missions, as determined appropriate by the Secretary; 
(2) make available explosives detection canine teams to 
all modes of transportation, for high-risk areas or to address 
specific threats, on an as-needed basis and as otherwise deter-
mined appropriate by the Secretary; 
(3) encourage, but not require, any transportation facility 
or system to deploy TSA-certified explosives detection canine 
teams developed under this section; and 
(4) consider specific needs and training requirements for 
explosives detection canine teams to be deployed across the 
Nation’s transportation network, including in venues of mul-
tiple modes of transportation, as appropriate. 
(e) CANINE PROCUREMENT.—The Secretary, acting through the 
Administrator of the Transportation Security Administration, shall 
work to ensure that explosives detection canine teams are procured 
as efficiently as possible and at the best price, while maintaining 
the needed level of quality, including, if appropriate, through 
increased domestic breeding. 
(f) STUDY.—Not later than 1 year after the date of enactment 
of this Act, the Comptroller General shall report to the appropriate 
congressional committees on the utilization of explosives detection 
canine teams to strengthen security and the capacity of the national 
explosive detection canine team program. 
Deadline. 
Reports. 
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121 STAT. 397 
PUBLIC LAW 110–53—AUG. 3, 2007 
(g) AUTHORIZATION.—There are authorized to be appropriated 
to the Secretary such sums as may be necessary to carry out 
this section for fiscal years 2007 through 2011. 
SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY 
USER FEE STUDY. 
(a) IN GENERAL.—The Secretary of Homeland Security shall 
conduct a study of the need for, and feasibility of, establishing 
a system of maritime and surface transportation-related user fees 
that may be imposed and collected as a dedicated revenue source, 
on a temporary or continuing basis, to provide necessary funding 
for legitimate improvements to, and maintenance of, maritime and 
surface transportation security, including vessel and facility plans 
required under section 70103(c) of title 46, United States Code. 
In developing the study, the Secretary shall consult with maritime 
and surface transportation carriers, shippers, passengers, facility 
owners and operators, and other persons as determined by the 
Secretary. Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to the appropriate 
congressional committees that contains— 
(1) the results of the study; 
(2) an assessment of the annual sources of funding collected 
through maritime and surface transportation at ports of entry 
and a detailed description of the distribution and use of such 
funds, including the amount and percentage of such sources 
that are dedicated to improve and maintain security; 
(3) an assessment of— 
(A) the fees, charges, and standards imposed on United 
States ports, port terminal operators, shippers, carriers, 
and other persons who use United States ports of entry 
compared with the fees and charges imposed on Canadian 
and Mexican ports, Canadian and Mexican port terminal 
operators, shippers, carriers, and other persons who use 
Canadian or Mexican ports of entry; and 
(B) the impact of such fees, charges, and standards 
on the competitiveness of United States ports, port terminal 
operators, railroad carriers, motor carriers, pipelines, other 
transportation modes, and shippers; 
(4) the private efforts and investments to secure maritime 
and surface transportation modes, including those that are 
operational and those that are planned; and 
(5) the Secretary’s recommendations based upon the study, 
and an assessment of the consistency of such recommendations 
with the international obligations and commitments of the 
United States. 
(b) DEFINITIONS.—In this section: 
(1) PORT OF ENTRY.—The term ‘‘port of entry’’ means any 
port or other facility through which foreign goods are permitted 
to enter the customs territory of a country under official super-
vision. 
(2) MARITIME AND SURFACE TRANSPORTATION.—The term 
‘‘maritime and surface transportation’’ includes ocean borne 
and vehicular transportation. 
SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECU-
RITY CARDS TO CONVICTED FELONS. 
(a) IN GENERAL.—Section 70105 of title 46, United States Code, 
is amended— 
Deadline. 
Reports. 
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121 STAT. 398 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) in subsection (b)(1), by striking ‘‘decides that the indi-
vidual poses a security risk under subsection (c)’’ and inserting 
‘‘determines under subsection (c) that the individual poses a 
security risk’’; and 
(2) in subsection (c), by amending paragraph (1) to read 
as follows: 
‘‘(1) DISQUALIFICATIONS.— 
‘‘(A) PERMANENT DISQUALIFYING CRIMINAL OFFENSES.— 
Except as provided under paragraph (2), an individual 
is permanently disqualified from being issued a biometric 
transportation security card under subsection (b) if the 
individual has been convicted, or found not guilty by reason 
of insanity, in a civilian or military jurisdiction of any 
of the following felonies: 
‘‘(i) Espionage or conspiracy to commit espionage. 
‘‘(ii) Sedition or conspiracy to commit sedition. 
‘‘(iii) Treason or conspiracy to commit treason. 
‘‘(iv) A Federal crime of terrorism (as defined in 
section 2332b(g) of title 18), a crime under a com-
parable State law, or conspiracy to commit such crime. 
‘‘(v) A crime involving a transportation security 
incident. 
‘‘(vi) Improper transportation of a hazardous mate-
rial in violation of section 5104(b) of title 49, or a 
comparable State law. 
‘‘(vii) Unlawful possession, use, sale, distribution, 
manufacture, purchase, receipt, transfer, shipment, 
transportation, delivery, import, export, or storage of, 
or dealing in, an explosive or explosive device. In this 
clause, an explosive or explosive device includes— 
‘‘(I) an explosive (as defined in sections 232(5) 
and 844(j) of title 18); 
‘‘(II) explosive materials (as defined in sub-
sections (c) through (f) of section 841 of title 18); 
and 
‘‘(III) a destructive device (as defined in 
921(a)(4) of title 18 or section 5845(f) of the 
Internal Revenue Code of 1986). 
‘‘(viii) Murder. 
‘‘(ix) Making any threat, or maliciously conveying 
false information knowing the same to be false, con-
cerning the deliverance, placement, or detonation of 
an explosive or other lethal device in or against a 
place of public use, a State or other government facility, 
a public transportation system, or an infrastructure 
facility. 
‘‘(x) A violation of chapter 96 of title 18, popularly 
known as the Racketeer Influenced and Corrupt 
Organizations Act, or a comparable State law, if one 
of the predicate acts found by a jury or admitted by 
the defendant consists of one of the crimes listed in 
this subparagraph. 
‘‘(xi) Attempt to commit any of the crimes listed 
in clauses (i) through (iv). 
‘‘(xii) Conspiracy or attempt to commit any of the 
crimes described in clauses (v) through (x). 
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121 STAT. 399 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(B) INTERIM
DISQUALIFYING
CRIMINAL
OFFENSES.— 
Except as provided under paragraph (2), an individual 
is disqualified from being issued a biometric transportation 
security card under subsection (b) if the individual has 
been convicted, or found not guilty by reason of insanity, 
during the 7-year period ending on the date on which 
the individual applies for such card, or was released from 
incarceration during the 5-year period ending on the date 
on which the individual applies for such card, of any of 
the following felonies: 
‘‘(i) Unlawful possession, use, sale, manufacture, 
purchase, distribution, receipt, transfer, shipment, 
transportation, delivery, import, export, or storage of, 
or dealing in, a firearm or other weapon. In this clause, 
a firearm or other weapon includes— 
‘‘(I) firearms (as defined in section 921(a)(3) 
of title 18 or section 5845(a) of the Internal Rev-
enue Code of 1986); and 
‘‘(II) items contained on the U.S. Munitions 
Import List under section 447.21 of title 27, Code 
of Federal Regulations. 
‘‘(ii) Extortion. 
‘‘(iii) Dishonesty, fraud, or misrepresentation, 
including identity fraud and money laundering if the 
money laundering is related to a crime described in 
this subparagraph or subparagraph (A). In this clause, 
welfare fraud and passing bad checks do not constitute 
dishonesty, fraud, or misrepresentation. 
‘‘(iv) Bribery. 
‘‘(v) Smuggling. 
‘‘(vi) Immigration violations. 
‘‘(vii) Distribution of, possession with intent to dis-
tribute, or importation of a controlled substance. 
‘‘(viii) Arson. 
‘‘(ix) Kidnaping or hostage taking. 
‘‘(x) Rape or aggravated sexual abuse. 
‘‘(xi) Assault with intent to kill. 
‘‘(xii) Robbery. 
‘‘(xiii) Conspiracy or attempt to commit any of 
the crimes listed in this subparagraph. 
‘‘(xiv) Fraudulent entry into a seaport in violation 
of section 1036 of title 18, or a comparable State law. 
‘‘(xv) A violation of the chapter 96 of title 18, 
popularly known as the Racketeer Influenced and Cor-
rupt Organizations Act or a comparable State law, 
other than any of the violations listed in subparagraph 
(A)(x). 
‘‘(C) UNDER
WANT, WARRANT, OR
INDICTMENT.—An 
applicant who is wanted, or under indictment, in any 
civilian or military jurisdiction for a felony listed in para-
graph (1)(A), is disqualified from being issued a biometric 
transportation security card under subsection (b) until the 
want or warrant is released or the indictment is dismissed. 
‘‘(D) OTHER POTENTIAL DISQUALIFICATIONS.—Except as 
provided under subparagraphs (A) through (C), an indi-
vidual may not be denied a transportation security card 
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121 STAT. 400 
PUBLIC LAW 110–53—AUG. 3, 2007 
under subsection (b) unless the Secretary determines that 
individual— 
‘‘(i) has been convicted within the preceding 7- 
year period of a felony or found not guilty by reason 
of insanity of a felony— 
‘‘(I) that the Secretary believes could cause 
the individual to be a terrorism security risk to 
the United States; or 
‘‘(II) for causing a severe transportation secu-
rity incident; 
‘‘(ii) has been released from incarceration within 
the preceding 5-year period for committing a felony 
described in clause (i); 
‘‘(iii) may be denied admission to the United States 
or removed from the United States under the Immigra-
tion and Nationality Act (8 U.S.C. 1101 et seq.); or 
‘‘(iv) otherwise poses a terrorism security risk to 
the United States. 
‘‘(E) MODIFICATION
OF
LISTED
OFFENSES.—The Sec-
retary may, by rulemaking, add to or modify the list of 
disqualifying crimes described in paragraph (1)(B).’’. 
SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY 
AND THE DEPARTMENT OF TRANSPORTATION. 
The Secretary of Homeland Security is the principal Federal 
official responsible for transportation security. The roles and respon-
sibilities of the Department of Homeland Security and the Depart-
ment of Transportation in carrying out this title and titles XII, 
XIV, and XV are the roles and responsibilities of such Departments 
pursuant to the Aviation and Transportation Security Act (Public 
Law 107–71); the Intelligence Reform and Terrorism Prevention 
Act of 2004 (Public Law 108–458); the National Infrastructure 
Protection Plan required by Homeland Security Presidential Direc-
tive–7; The Homeland Security Act of 2002; The National Response 
Plan; Executive Order No. 13416: Strengthening Surface Transpor-
tation Security, dated December 5, 2006; the Memorandum of 
Understanding between the Department and the Department of 
Transportation on Roles and Responsibilities, dated September 28, 
2004, and any and all subsequent annexes to this Memorandum 
of Understanding; and any other relevant agreements between the 
two Departments. 
TITLE XIV—PUBLIC TRANSPORTATION 
SECURITY 
SEC. 1401. SHORT TITLE. 
This title may be cited as the ‘‘National Transit Systems Secu-
rity Act of 2007’’. 
SEC. 1402. DEFINITIONS. 
For purposes of this title, the following terms apply: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
on Banking, Housing, and Urban Affairs, and the Committee 
on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security and the Committee 
6 USC 1131. 
6 USC 1101 note. 
National Transit 
Systems Security 
Act of 2007. 
6 USC 1117. 
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121 STAT. 401 
PUBLIC LAW 110–53—AUG. 3, 2007 
on Transportation and Infrastructure of the House of Rep-
resentatives. 
(2) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security. 
(3) DISADVANTAGED BUSINESSES CONCERNS.—The term ‘‘dis-
advantaged business concerns’’ means small businesses that 
are owned and controlled by socially and economically disadvan-
taged individuals as defined in section 124, title 13, Code of 
Federal Regulations. 
(4) FRONTLINE EMPLOYEE.—The term ‘‘frontline employee’’ 
means an employee of a public transportation agency who is 
a transit vehicle driver or operator, dispatcher, maintenance 
and maintenance support employee, station attendant, cus-
tomer service employee, security employee, or transit police, 
or any other employee who has direct contact with riders on 
a regular basis, and any other employee of a public transpor-
tation agency that the Secretary determines should receive 
security training under section 1408. 
(5) PUBLIC
TRANSPORTATION
AGENCY.—The term ‘‘public 
transportation agency’’ means a publicly owned operator of 
public transportation eligible to receive Federal assistance 
under chapter 53 of title 49, United States Code. 
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
SEC. 1403. FINDINGS. 
Congress finds that— 
(1) 182 public transportation systems throughout the world 
have been primary targets of terrorist attacks; 
(2) more than 6,000 public transportation agencies operate 
in the United States; 
(3) people use public transportation vehicles 33,000,000 
times each day; 
(4) the Federal Transit Administration has invested 
$93,800,000,000 since 1992 for construction and improvements; 
(5) the Federal investment in transit security has been 
insufficient; and 
(6) greater Federal investment in transit security improve-
ments per passenger boarding is necessary to better protect 
the American people, given transit’s vital importance in cre-
ating mobility and promoting our Nation’s economy. 
SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECU-
RITY. 
(a) NATIONAL STRATEGY.—Not later than 9 months after the 
date of enactment of this Act and based upon the previous and 
ongoing security assessments conducted by the Department and 
the Department of Transportation, the Secretary, consistent with 
and as required by section 114(t) of title 49, United States Code, 
shall develop and implement the modal plan for public transpor-
tation, entitled the ‘‘National Strategy for Public Transportation 
Security’’. 
(b) PURPOSE.— 
(1) GUIDELINES.—In developing the National Strategy for 
Public Transportation Security, the Secretary shall establish 
guidelines for public transportation security that— 
(A) minimize security threats to public transportation 
systems; and 
Deadline. 
6 USC 1133. 
6 USC 1132. 
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121 STAT. 402 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) maximize the abilities of public transportation sys-
tems to mitigate damage resulting from terrorist attack 
or other major incident. 
(2) ASSESSMENTS AND CONSULTATIONS.—In developing the 
National Strategy for Public Transportation Security, the Sec-
retary shall— 
(A) use established and ongoing public transportation 
security assessments as the basis of the National Strategy 
for Public Transportation Security; and 
(B) consult with all relevant stakeholders, including 
public transportation agencies, nonprofit labor organiza-
tions representing public transportation employees, emer-
gency responders, public safety officials, and other relevant 
parties. 
(c) CONTENTS.—In the National Strategy for Public Transpor-
tation Security, the Secretary shall describe prioritized goals, objec-
tives, policies, actions, and schedules to improve the security of 
public transportation. 
(d) RESPONSIBILITIES.—The Secretary shall include in the 
National Strategy for Public Transportation Security a description 
of the roles, responsibilities, and authorities of Federal, State, and 
local agencies, tribal governments, and appropriate stakeholders. 
The plan shall also include— 
(1) the identification of, and a plan to address, gaps and 
unnecessary overlaps in the roles, responsibilities, and authori-
ties of Federal agencies; and 
(2) a process for coordinating existing or future security 
strategies and plans for public transportation, including the 
National Infrastructure Protection Plan required by Homeland 
Security Presidential Directive–7; Executive Order No. 13416: 
Strengthening Surface Transportation Security dated December 
5, 2006; the Memorandum of Understanding between the 
Department and the Department of Transportation on Roles 
and Responsibilities dated September 28, 2004; and subsequent 
annexes and agreements. 
(e) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In devel-
oping the National Strategy for Public Transportation Security, 
the Secretary shall use relevant existing risk assessments and 
strategies developed by the Department or other Federal agencies, 
including those developed or implemented pursuant to section 114(t) 
of title 49, United States Code, or Homeland Security Presidential 
Directive–7. 
(f) FUNDING.—There is authorized to be appropriated to the 
Secretary to carry out this section $2,000,000 for fiscal year 2008. 
SEC. 1405. SECURITY ASSESSMENTS AND PLANS. 
(a) PUBLIC TRANSPORTATION SECURITY ASSESSMENTS.— 
(1) SUBMISSION.—Not later than 30 days after the date 
of enactment of this Act, the Administrator of the Federal 
Transit Administration of the Department of Transportation 
shall submit all public transportation security assessments and 
all other relevant information to the Secretary. 
(2) SECRETARIAL REVIEW.—Not later than 60 days after 
receiving the submission under paragraph (1), the Secretary 
shall review and augment the security assessments received, 
and conduct additional security assessments as necessary to 
ensure that at a minimum, all high risk public transportation 
Deadlines. 
6 USC 1134. 
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121 STAT. 403 
PUBLIC LAW 110–53—AUG. 3, 2007 
agencies, as determined by the Secretary, will have a completed 
security assessment. 
(3) CONTENT.—The Secretary shall ensure that each com-
pleted security assessment includes— 
(A) identification of critical assets, infrastructure, and 
systems and their vulnerabilities; and 
(B) identification of any other security weaknesses, 
including weaknesses in emergency response planning and 
employee training. 
(b) BUS AND RURAL PUBLIC TRANSPORTATION SYSTEMS.—Not 
later than 180 days after the date of enactment of this Act, the 
Secretary shall— 
(1) conduct security assessments, based on a representative 
sample, to determine the specific needs of— 
(A) local bus-only public transportation systems; and 
(B) public transportation systems that receive funds 
under section 5311 of title 49, United States Code; and 
(2) make the representative assessments available for use 
by similarly situated systems. 
(c) SECURITY PLANS.— 
(1) REQUIREMENT FOR PLAN.— 
(A) HIGH RISK AGENCIES.—The Secretary shall require 
public transportation agencies determined by the Secretary 
to be at high risk for terrorism to develop a comprehensive 
security plan. The Secretary shall provide technical assist-
ance and guidance to public transportation agencies in 
preparing and implementing security plans under this sec-
tion. 
(B) 
OTHER
AGENCIES.—Provided 
that 
no 
public 
transportation agency that has not been designated high 
risk shall be required to develop a security plan, the Sec-
retary may also establish a security program for public 
transportation agencies not designated high risk by the 
Secretary, to assist those public transportation agencies 
which request assistance, including— 
(i) guidance to assist such agencies in conducting 
security assessments and preparing and implementing 
security plans; and 
(ii) a process for the Secretary to review and 
approve such assessments and plans, as appropriate. 
(2) CONTENTS OF PLAN.—The Secretary shall ensure that 
security plans include, as appropriate— 
(A) a prioritized list of all items included in the public 
transportation agency’s security assessment that have not 
yet been addressed; 
(B) a detailed list of any additional capital and oper-
ational improvements identified by the Department or the 
public transportation agency and a certification of the 
public transportation agency’s technical capacity for oper-
ating and maintaining any security equipment that may 
be identified in such list; 
(C) specific procedures to be implemented or used by 
the public transportation agency in response to a terrorist 
attack, including evacuation and passenger communication 
plans and appropriate evacuation and communication 
measures for the elderly and individuals with disabilities; 
Deadline. 
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121 STAT. 404 
PUBLIC LAW 110–53—AUG. 3, 2007 
(D) a coordinated response plan that establishes proce-
dures for appropriate interaction with State and local law 
enforcement agencies, emergency responders, and Federal 
officials in order to coordinate security measures and plans 
for response in the event of a terrorist attack or other 
major incident; 
(E) a strategy and timeline for conducting training 
under section 1408; 
(F) plans for providing redundant and other appro-
priate backup systems necessary to ensure the continued 
operation of critical elements of the public transportation 
system in the event of a terrorist attack or other major 
incident; 
(G) plans for providing service capabilities throughout 
the system in the event of a terrorist attack or other 
major incident in the city or region which the public 
transportation system serves; 
(H) methods to mitigate damage within a public 
transportation system in case of an attack on the system, 
including a plan for communication and coordination with 
emergency responders; and 
(I) other actions or procedures as the Secretary deter-
mines are appropriate to address the security of the public 
transportation system. 
(3) REVIEW.—Not later than 6 months after receiving the 
plans required under this section, the Secretary shall— 
(A) review each security plan submitted; 
(B) require the public transportation agency to make 
any amendments needed to ensure that the plan meets 
the requirements of this section; and 
(C) approve any security plan that meets the require-
ments of this section. 
(4) EXEMPTION.—The Secretary shall not require a public 
transportation agency to develop a security plan under para-
graph (1) if the agency does not receive a grant under section 
1406. 
(5) WAIVER.—The Secretary may waive the exemption pro-
vided in paragraph (4) to require a public transportation agency 
to develop a security plan under paragraph (1) in the absence 
of grant funds under section 1406 if not less than 3 days 
after making the determination the Secretary provides the 
appropriate congressional committees and the public transpor-
tation agency written notification detailing the need for the 
security plan, the reasons grant funding has not been made 
available, and the reason the agency has been designated high 
risk. 
(d) CONSISTENCY WITH OTHER PLANS.—The Secretary shall 
ensure that the security plans developed by public transportation 
agencies under this section are consistent with the security assess-
ments developed by the Department and the National Strategy 
for Public Transportation Security developed under section 1404. 
(e) UPDATES.—Not later than September 30, 2008, and annually 
thereafter, the Secretary shall— 
(1) update the security assessments referred to in sub-
section (a); 
(2) update the security improvement priorities required 
under subsection (f); and 
Deadline. 
Notification. 
Deadline. 
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121 STAT. 405 
PUBLIC LAW 110–53—AUG. 3, 2007 
(3) require public transportation agencies to update the 
security plans required under subsection (c) as appropriate. 
(f) SECURITY IMPROVEMENT PRIORITIES.— 
(1) IN GENERAL.—Beginning in fiscal year 2008 and each 
fiscal year thereafter, the Secretary, after consultation with 
management and nonprofit employee labor organizations rep-
resenting public transportation employees as appropriate, and 
with appropriate State and local officials, shall utilize the 
information developed or received in this section to establish 
security improvement priorities unique to each individual public 
transportation agency that has been assessed. 
(2) ALLOCATIONS.—The Secretary shall use the security 
improvement priorities established in paragraph (1) as the basis 
for allocating risk-based grant funds under section 1406, unless 
the Secretary notifies the appropriate congressional committees 
that the Secretary has determined an adjustment is necessary 
to respond to an urgent threat or other significant national 
security factors. 
(g) SHARED FACILITIES.—The Secretary shall encourage the 
development and implementation of coordinated assessments and 
security plans to the extent a public transportation agency shares 
facilities (such as tunnels, bridges, stations, or platforms) with 
another public transportation agency, a freight or passenger railroad 
carrier, or over-the-road bus operator that are geographically close 
or otherwise co-located. 
(h) NONDISCLOSURE OF INFORMATION.— 
(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 
in this section shall be construed as authorizing the withholding 
of any information from Congress. 
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA-
TION.—Nothing in this section shall be construed as affecting 
any authority or obligation of a Federal agency to disclose 
any record or information that the Federal agency obtains 
from a public transportation agency under any other Federal 
law. 
(i) DETERMINATION.—In response to a petition by a public 
transportation agency or at the discretion of the Secretary, the 
Secretary may recognize existing procedures, protocols, and stand-
ards of a public transportation agency that the Secretary determines 
meet all or part of the requirements of this section regarding 
security assessments or security plans. 
SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE. 
(a) SECURITY ASSISTANCE PROGRAM.— 
(1) IN GENERAL.—The Secretary shall establish a program 
for making grants to eligible public transportation agencies 
for security improvements described in subsection (b). 
(2) ELIGIBILITY.—A public transportation agency is eligible 
for a grant under this section if the Secretary has performed 
a security assessment or the agency has developed a security 
plan under section 1405. Grant funds shall only be awarded 
for permissible uses under subsection (b) to— 
(A) address items included in a security assessment; 
or 
(B) further a security plan. 
(b) USES OF FUNDS.—A recipient of a grant under subsection 
(a) shall use the grant funds for one or more of the following: 
6 USC 1135. 
Effective date. 
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121 STAT. 406 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) Capital uses of funds, including— 
(A) tunnel protection systems; 
(B) perimeter protection systems, including access con-
trol, installation of improved lighting, fencing, and barri-
cades; 
(C) redundant critical operations control systems; 
(D) chemical, biological, radiological, or explosive detec-
tion systems, including the acquisition of canines used 
for such detection; 
(E) surveillance equipment; 
(F) communications equipment, including mobile 
service equipment to provide access to wireless Enhanced 
911 (E911) emergency services in an underground fixed 
guideway system; 
(G) emergency response equipment, including personal 
protective equipment; 
(H) fire suppression and decontamination equipment; 
(I) global positioning or tracking and recovery equip-
ment, and other automated-vehicle-locator-type system 
equipment; 
(J) evacuation improvements; 
(K) purchase and placement of bomb-resistant trash 
cans throughout public transportation facilities, including 
subway exits, entrances, and tunnels; 
(L) capital costs associated with security awareness, 
security preparedness, and security response training, 
including training under section 1408 and exercises under 
section 1407; 
(M) security improvements for public transportation 
systems, including extensions thereto, in final design or 
under construction; 
(N) security improvements for stations and other public 
transportation infrastructure, including stations and other 
public transportation infrastructure owned by State or local 
governments; and 
(O) other capital security improvements determined 
appropriate by the Secretary. 
(2) Operating uses of funds, including— 
(A) security training, including training under section 
1408 and training developed by institutions of higher edu-
cation and by nonprofit employee labor organizations, for 
public 
transportation 
employees, 
including 
frontline 
employees; 
(B) live or simulated exercises under section 1407; 
(C) public awareness campaigns for enhanced public 
transportation security; 
(D) canine patrols for chemical, radiological, biological, 
or explosives detection; 
(E) development of security plans under section 1405; 
(F) overtime reimbursement including reimbursement 
of State, local, and tribal governments, for costs for 
enhanced security personnel during significant national 
and international public events; 
(G) operational costs, including reimbursement of 
State, local, and tribal governments for costs for personnel 
assigned 
to 
full-time 
or 
part-time 
security 
or 
counterterrorism duties related to public transportation, 
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121 STAT. 407 
PUBLIC LAW 110–53—AUG. 3, 2007 
provided that this expense totals no more than 10 percent 
of the total grant funds received by a public transportation 
agency in any 1 year; and 
(H) other operational security costs determined appro-
priate by the Secretary, excluding routine, ongoing per-
sonnel costs, other than those set forth in this section. 
(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— 
In carrying out the responsibilities under subsection (a), the Sec-
retary shall— 
(1) determine the requirements for recipients of grants 
under this section, including application requirements; 
(2) pursuant to subsection (a)(2), select the recipients of 
grants based solely on risk; and 
(3) pursuant to subsection (b), establish the priorities for 
which grant funds may be used under this section. 
(d) DISTRIBUTION OF GRANTS.—Not later than 90 days after 
the date of enactment of this Act, the Secretary and the Secretary 
of Transportation shall determine the most effective and efficient 
way to distribute grant funds to the recipients of grants determined 
by the Secretary under subsection (a). Subject to the determination 
made by the Secretaries, the Secretary may transfer funds to the 
Secretary of Transportation for the purposes of disbursing funds 
to the grant recipient. 
(e) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as 
otherwise specifically provided in this section, a grant provided 
under this section shall be subject to the terms and conditions 
applicable to a grant made under section 5307 of title 49, United 
States Code, as in effect on January 1, 2007, and such other 
terms and conditions as are determined necessary by the Secretary. 
(f) LIMITATION ON USES OF FUNDS.—Grants made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law. 
(g) ANNUAL REPORTS.—Each recipient of a grant under this 
section shall report annually to the Secretary on the use of the 
grant funds. 
(h) GUIDELINES.—Before distribution of funds to recipients of 
grants, the Secretary shall issue guidelines to ensure that, to the 
extent that recipients of grants under this section use contractors 
or subcontractors, such recipients shall use small, minority, women- 
owned, or disadvantaged business concerns as contractors or sub-
contractors to the extent practicable. 
(i) COORDINATION WITH STATE HOMELAND SECURITY PLANS.— 
In establishing security improvement priorities under section 1405 
and in awarding grants for capital security improvements and oper-
ational security improvements under subsection (b), the Secretary 
shall act consistently with relevant State homeland security plans. 
(j) MULTISTATE TRANSPORTATION SYSTEMS.—In cases in which 
a public transportation system operates in more than one State, 
the Secretary shall give appropriate consideration to the risks of 
the entire system, including those portions of the States into which 
the system crosses, in establishing security improvement priorities 
under section 1405 and in awarding grants for capital security 
improvements and operational security improvements under sub-
section (b). 
(k) CONGRESSIONAL NOTIFICATION.—Not later than 3 days 
before the award of any grant under this section, the Secretary 
Deadline. 
Deadline. 
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121 STAT. 408 
PUBLIC LAW 110–53—AUG. 3, 2007 
shall notify simultaneously, the appropriate congressional commit-
tees of the intent to award such grant. 
(l) RETURN OF MISSPENT GRANT FUNDS.—The Secretary shall 
establish a process to require the return of any misspent grant 
funds received under this section determined to have been spent 
for a purpose other than those specified in the grant award. 
(m) AUTHORIZATION OF APPROPRIATIONS.— 
(1) There are authorized to be appropriated to the Secretary 
to make grants under this section— 
(A) such sums as are necessary for fiscal year 2007; 
(B) $650,000,000 for fiscal year 2008, except that not 
more than 50 percent of such funds may be used for oper-
ational costs under subsection (b)(2); 
(C) $750,000,000 for fiscal year 2009, except that not 
more than 30 percent of such funds may be used for oper-
ational costs under subsection (b)(2); 
(D) $900,000,000 for fiscal year 2010, except that not 
more than 20 percent of such funds may be used for oper-
ational costs under subsection (b)(2); and 
(E) $1,100,000,000 for fiscal year 2011, except that 
not more than 10 percent of such funds may be used 
for operational costs under subsection (b)(2). 
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 
out this section shall remain available until expended. 
(3) WAIVER.—The Secretary may waive the limitation on 
operational costs specified in subparagraphs (B) through (E) 
of paragraph (1) if the Secretary determines that such a waiver 
is required in the interest of national security, and if the 
Secretary provides a written justification to the appropriate 
congressional committees prior to any such action. 
(4) EFFECTIVE DATE.—Funds provided for fiscal year 2007 
transit security grants under Public Law 110–28 shall be allo-
cated based on security assessments that are in existence as 
of the date of enactment of this Act. 
SEC. 1407. SECURITY EXERCISES. 
(a) IN GENERAL.—The Secretary shall establish a program for 
conducting security exercises for public transportation agencies for 
the purpose of assessing and improving the capabilities of entities 
described in subsection (b) to prevent, prepare for, mitigate against, 
respond to, and recover from acts of terrorism. 
(b) COVERED ENTITIES.—Entities to be assessed under the pro-
gram shall include— 
(1) Federal, State, and local agencies and tribal govern-
ments; 
(2) public transportation agencies; 
(3) 
governmental 
and 
nongovernmental 
emergency 
response providers and law enforcement personnel, including 
transit police; and 
(4) any other organization or entity that the Secretary 
determines appropriate. 
(c) REQUIREMENTS.—The Secretary shall ensure that the 
program— 
(1) requires, for public transportation agencies which the 
Secretary deems appropriate, exercises to be conducted that 
are— 
6 USC 1136. 
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121 STAT. 409 
PUBLIC LAW 110–53—AUG. 3, 2007 
(A) scaled and tailored to the needs of specific public 
transportation systems, and include taking into account 
the needs of the elderly and individuals with disabilities; 
(B) live; 
(C) coordinated with appropriate officials; 
(D) as realistic as practicable and based on current 
risk 
assessments, 
including 
credible 
threats, 
vulnerabilities, and consequences; 
(E) inclusive, as appropriate, of frontline employees 
and managers; and 
(F) consistent with the National Incident Management 
System, the National Response Plan, the National Infra-
structure Protection Plan, the National Preparedness Guid-
ance, the National Preparedness Goal, and other such 
national initiatives; 
(2) provides that exercises described in paragraph (1) will 
be— 
(A) evaluated by the Secretary against clear and con-
sistent performance measures; 
(B) assessed by the Secretary to learn best practices, 
which shall be shared with appropriate Federal, State, 
local, and tribal officials, governmental and nongovern-
mental emergency response providers, law enforcement per-
sonnel, including railroad and transit police, and appro-
priate stakeholders; and 
(C) followed by remedial action by covered entities 
in response to lessons learned; 
(3) involves individuals in neighborhoods around the infra-
structure of a public transportation system; and 
(4) assists State, local, and tribal governments and public 
transportation agencies in designing, implementing, and evalu-
ating exercises that conform to the requirements of paragraph 
(2). 
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure 
that the exercise program developed under subsection (a) is a compo-
nent of the National Exercise Program established under section 
648 of the Post Katrina Emergency Management Reform Act (Public 
Law 109–295; 6 U.S.C. 748). 
(e) FERRY SYSTEM EXEMPTION.—This section does not apply 
to any ferry system for which drills are required to be conducted 
pursuant to section 70103 of title 46, United States Code. 
SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Secretary shall develop and issue detailed 
interim final regulations, and not later than 1 year after the date 
of enactment of this Act, the Secretary shall develop and issue 
detailed final regulations, for a public transportation security 
training program to prepare public transportation employees, 
including frontline employees, for potential security threats and 
conditions. 
(b) CONSULTATION.—The Secretary shall develop the interim 
final and final regulations under subsection (a) in consultation 
with— 
(1) appropriate law enforcement, fire service, security, and 
terrorism experts; 
(2) representatives of public transportation agencies; and 
Deadlines. 
Regulations. 
6 USC 1137. 
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121 STAT. 410 
PUBLIC LAW 110–53—AUG. 3, 2007 
(3) nonprofit employee labor organizations representing 
public transportation employees or emergency response per-
sonnel. 
(c) PROGRAM ELEMENTS.—The interim final and final regula-
tions developed under subsection (a) shall require security training 
programs to include, at a minimum, elements to address the fol-
lowing: 
(1) Determination of the seriousness of any occurrence or 
threat. 
(2) Crew and passenger communication and coordination. 
(3) Appropriate responses to defend oneself, including using 
nonlethal defense devices. 
(4) Use of personal protective devices and other protective 
equipment. 
(5) Evacuation procedures for passengers and employees, 
including individuals with disabilities and the elderly. 
(6) Training related to behavioral and psychological under-
standing of, and responses to, terrorist incidents, including 
the ability to cope with hijacker behavior, and passenger 
responses. 
(7) Live situational training exercises regarding various 
threat conditions, including tunnel evacuation procedures. 
(8) Recognition and reporting of dangerous substances and 
suspicious packages, persons, and situations. 
(9) Understanding security incident procedures, including 
procedures for communicating with governmental and non-
governmental emergency response providers and for on scene 
interaction with such emergency response providers. 
(10) Operation and maintenance of security equipment and 
systems. 
(11) Other security training activities that the Secretary 
deems appropriate. 
(d) REQUIRED PROGRAMS.— 
(1) DEVELOPMENT
AND
SUBMISSION
TO
SECRETARY.—Not 
later than 90 days after a public transportation agency meets 
the requirements under subsection (e), each such public 
transportation agency shall develop a security training program 
in accordance with the regulations developed under subsection 
(a) and submit the program to the Secretary for approval. 
(2) APPROVAL.—Not later than 60 days after receiving a 
security training program proposal under this subsection, the 
Secretary shall approve the program or require the public 
transportation agency that developed the program to make 
any revisions to the program that the Secretary determines 
necessary for the program to meet the requirements of the 
regulations. A public transportation agency shall respond to 
the Secretary’s comments within 30 days after receiving them. 
(3) TRAINING.—Not later than 1 year after the Secretary 
approves a security training program proposal in accordance 
with this subsection, the public transportation agency that 
developed the program shall complete the training of all 
employees covered under the program. 
(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.— 
The Secretary shall periodically review and update, as appro-
priate, the training regulations issued under subsection (a) 
to reflect new or changing security threats. Each public 
Deadlines. 
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121 STAT. 411 
PUBLIC LAW 110–53—AUG. 3, 2007 
transportation agency shall revise its training program accord-
ingly and provide additional training as necessary to its workers 
within a reasonable time after the regulations are updated. 
(e) APPLICABILITY.—A public transportation agency that 
receives a grant award under this title shall be required to develop 
and implement a security training program pursuant to this section. 
(f) LONG-TERM TRAINING REQUIREMENT.—Any public transpor-
tation agency required to develop a security training program pursu-
ant to this section shall provide routine and ongoing training for 
employees covered under the program, regardless of whether the 
public transportation agency receives subsequent grant awards. 
(g) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure 
that the training program developed under subsection (a) is a 
component of the National Training Program established under 
section 648 of the Post Katrina Emergency Management Reform 
Act (Public Law 109–295; 6 U.S.C. 748). 
(h) FERRY EXEMPTION.—This section shall not apply to any 
ferry system for which training is required to be conducted pursuant 
to section 70103 of title 46, United States Code. 
(i) REPORT.—Not later than 2 years after the date of issuance 
of the final regulation, the Comptroller General shall review 
implementation of the training program, including interviewing 
a representative sample of public transportation agencies and 
employees, and report to the appropriate congressional committees, 
on the number of reviews conducted and the results. The Comp-
troller General may submit the report in both classified and 
redacted formats as necessary. 
SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT. 
(a) ESTABLISHMENT
OF RESEARCH
AND DEVELOPMENT PRO-
GRAM.—The Secretary shall carry out a research and development 
program through the Homeland Security Advanced Research 
Projects Agency in the Science and Technology Directorate and 
in consultation with the Transportation Security Administration 
and with the Federal Transit Administration, for the purpose of 
improving the security of public transportation systems. 
(b) GRANTS AND CONTRACTS AUTHORIZED.—The Secretary shall 
award grants or contracts to public or private entities to conduct 
research and demonstrate technologies and methods to reduce and 
deter terrorist threats or mitigate damages resulting from terrorist 
attacks against public transportation systems. 
(c) USE OF FUNDS.—Grants or contracts awarded under sub-
section (a)— 
(1) shall be coordinated with activities of the Homeland 
Security Advanced Research Projects Agency; and 
(2) may be used to— 
(A) research chemical, biological, radiological, or explo-
sive detection systems that do not significantly impede 
passenger access; 
(B) research imaging technologies; 
(C) conduct product evaluations and testing; 
(D) improve security and redundancy for critical 
communications, electrical power, and computer and train 
control systems; 
(E) develop technologies for securing tunnels, transit 
bridges and aerial structures; 
6 USC 1138. 
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121 STAT. 412 
PUBLIC LAW 110–53—AUG. 3, 2007 
(F) research technologies that mitigate damages in the 
event of a cyber attack; and 
(G) research other technologies or methods for reducing 
or deterring terrorist attacks against public transportation 
systems, or mitigating damage from such attacks. 
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 
(1) CONSULTATION.—In carrying out research and develop-
ment projects under this section, the Secretary shall consult 
with the Chief Privacy Officer of the Department and the 
Officer for Civil Rights and Civil Liberties of the Department, 
as appropriate, and in accordance with section 222 of the Home-
land Security Act of 2002 (6 U.S.C. 142). 
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sec-
tions 222 and 705 of the Homeland Security Act of 2002 (6 
U.S.C. 142; 345), the Chief Privacy Officer shall conduct privacy 
impact assessments and the Officer for Civil Rights and Civil 
Liberties shall conduct reviews, as appropriate, for research 
and development initiatives developed under this section. 
(e) REPORTING REQUIREMENT.—Each entity that is awarded 
a grant or contract under this section shall report annually to 
the Department on the use of grant or contract funds received 
under this section to ensure that the awards made are expended 
in accordance with the purposes of this title and the priorities 
developed by the Secretary. 
(f) COORDINATION.—The Secretary shall ensure that the 
research is consistent with the priorities established in the National 
Strategy for Public Transportation Security and is coordinated, 
to the extent practicable, with other Federal, State, local, tribal, 
and private sector public transportation, railroad, commuter rail-
road, and over-the-road bus research initiatives to leverage 
resources and avoid unnecessary duplicative efforts. 
(g) RETURN OF MISSPENT GRANT OR CONTRACT FUNDS.—If the 
Secretary determines that a grantee or contractor used any portion 
of the grant or contract funds received under this section for a 
purpose other than the allowable uses specified under subsection 
(c), the grantee or contractor shall return any amount so used 
to the Treasury of the United States. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary to make grants under this 
section— 
(1) such sums as necessary for fiscal year 2007; 
(2) $25,000,000 for fiscal year 2008; 
(3) $25,000,000 for fiscal year 2009; 
(4) $25,000,000 for fiscal year 2010; and 
(5) $25,000,000 for fiscal year 2011. 
SEC. 1410. INFORMATION SHARING. 
(a) INTELLIGENCE SHARING.—The Secretary shall ensure that 
the Department of Transportation receives appropriate and timely 
notification of all credible terrorist threats against public transpor-
tation assets in the United States. 
(b) INFORMATION SHARING ANALYSIS CENTER.— 
(1) AUTHORIZATION.—The Secretary shall provide for the 
reasonable costs of the Information Sharing and Analysis 
Center for Public Transportation (referred to in this subsection 
as the ‘‘ISAC’’). 
(2) PARTICIPATION.—The Secretary— 
6 USC 1139. 
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121 STAT. 413 
PUBLIC LAW 110–53—AUG. 3, 2007 
(A) shall require public transportation agencies that 
the Secretary determines to be at high risk of terrorist 
attack to participate in the ISAC; 
(B) shall encourage all other public transportation 
agencies to participate in the ISAC; 
(C) shall encourage the participation of nonprofit 
employee labor organizations representing public transpor-
tation employees, as appropriate; and 
(D) shall not charge a fee for participating in the 
ISAC. 
(c) REPORT.—The Comptroller General shall report, not less 
than 3 years after the date of enactment of this Act, to the appro-
priate congressional committees, as to the value and efficacy of 
the ISAC along with any other public transportation information- 
sharing programs ongoing at the Department. The report shall 
include an analysis of the user satisfaction of public transportation 
agencies on the state of information-sharing and the value that 
each system provides the user, the costs and benefits of all centers 
and programs, the coordination among centers and programs, how 
each center or program contributes to implementing the information 
sharing plan under section 1203, and analysis of the extent to 
which the ISAC is duplicative with the Department’s information- 
sharing program. 
(d) AUTHORIZATION.— 
(1) IN GENERAL.—There are authorized to be appropriated 
to the Secretary to carry out this section— 
(A) $600,000 for fiscal year 2008; 
(B) $600,000 for fiscal year 2009; 
(C) $600,000 for fiscal year 2010; and 
(D) such sums as may be necessary for 2011, provided 
the report required in subsection (c) of this section has 
been submitted to Congress. 
(2) AVAILABILITY OF FUNDS.—Such sums shall remain avail-
able until expended. 
SEC. 1411. THREAT ASSESSMENTS. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a name-based security background 
check against the consolidated terrorist watchlist and an immigra-
tion status check for all public transportation frontline employees, 
similar to the threat assessment screening program required for 
facility employees and longshoremen by the Commandant of the 
Coast Guard under Coast Guard Notice USCG–2006–24189 (71 
Fed. Reg. 25066 (April 8, 2006)). 
SEC. 1412. REPORTING REQUIREMENTS. 
(a) ANNUAL REPORT TO CONGRESS.— 
(1) IN GENERAL.—Not later than March 31 of each year, 
the Secretary shall submit a report, containing the information 
described in paragraph (2), to the appropriate congressional 
committees. 
(2) CONTENTS.—The report submitted under paragraph (1) 
shall include— 
(A) a description of the implementation of the provi-
sions of this title; 
(B) the amount of funds appropriated to carry out 
the provisions of this title that have not been expended 
or obligated; 
6 USC 1141. 
Deadline. 
6 USC 1140. 
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121 STAT. 414 
PUBLIC LAW 110–53—AUG. 3, 2007 
(C) the National Strategy for Public Transportation 
Security required under section 1404; 
(D) an estimate of the cost to implement the National 
Strategy for Public Transportation Security which shall 
break out the aggregated total cost of needed capital and 
operational security improvements for fiscal years 2008– 
2018; and 
(E) the state of public transportation security in the 
United States, which shall include detailing the status 
of security assessments, the progress being made around 
the country in developing prioritized lists of security 
improvements necessary to make public transportation 
facilities and passengers more secure, the progress being 
made by agencies in developing security plans and how 
those plans differ from the security assessments and a 
prioritized list of security improvements being compiled 
by other agencies, as well as a random sample of an equal 
number of large- and small-scale projects currently under-
way. 
(3) FORMAT.—The Secretary may submit the report in both 
classified and redacted formats if the Secretary determines 
that such action is appropriate or necessary. 
(b) ANNUAL REPORT TO GOVERNORS.— 
(1) IN GENERAL.—Not later than March 31 of each year, 
the Secretary shall submit a report to the Governor of each 
State with a public transportation agency that has received 
a grant under this Act. 
(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. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS. 
(a) IN GENERAL.—A public transportation agency, a contractor 
or a subcontractor of such agency, or an officer or employee of 
such agency, shall not discharge, demote, suspend, reprimand, or 
in any other way discriminate against an employee if such discrimi-
nation is due, in whole or in part, to the employee’s lawful, good 
faith act done, or perceived by the employer to have been done 
or about to be done— 
(1) to provide information, directly cause information to 
be provided, or otherwise directly assist in any investigation 
regarding any conduct which the employee reasonably believes 
constitutes a violation of any Federal law, rule, or regulation 
relating to public transportation safety or security, or fraud, 
waste, or abuse of Federal grants or other public funds intended 
to be used for public transportation safety or security, if the 
information or assistance is provided to or an investigation 
stemming from the provided information is conducted by— 
(A) a Federal, State, or local regulatory or law enforce-
ment agency (including an office of the Inspector General 
under the Inspector General Act of 1978 (5 U.S.C. App.; 
Public Law 95–452); 
(B) any Member of Congress, any Committee of Con-
gress, or the Government Accountability Office; or 
6 USC 1142. 
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121 STAT. 415 
PUBLIC LAW 110–53—AUG. 3, 2007 
(C) a person with supervisory authority over the 
employee or such other person who has the authority to 
investigate, discover, or terminate the misconduct; 
(2) to refuse to violate or assist in the violation of any 
Federal law, rule, or regulation relating to public transportation 
safety or security; 
(3) to file a complaint or directly cause to be brought 
a proceeding related to the enforcement of this section or to 
testify in that proceeding; 
(4) to cooperate with a safety or security investigation 
by the Secretary of Transportation, the Secretary of Homeland 
Security, or the National Transportation Safety Board; or 
(5) to furnish information to the Secretary of Transpor-
tation, the Secretary of Homeland Security, the National 
Transportation Safety Board, or any Federal, State, or local 
regulatory or law enforcement agency as to the facts relating 
to any accident or incident resulting in injury or death to 
an individual or damage to property occurring in connection 
with public transportation. 
(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A public 
transportation agency, or a contractor or a subcontractor of such 
agency, or an officer or employee of such agency, shall not discharge, 
demote, suspend, reprimand, or in any other way discriminate 
against an employee for— 
(A) reporting a hazardous safety or security condition; 
(B) refusing to work when confronted by a hazardous safety 
or security condition related to the performance of the 
employee’s duties, if the conditions described in paragraph (2) 
exist; or 
(C) refusing to authorize the use of any safety- or security- 
related equipment, track, or structures, if the employee is 
responsible for the inspection or repair of the equipment, track, 
or structures, when the employee believes that the equipment, 
track, or structures are in a hazardous safety or security condi-
tion, if the conditions described in paragraph (2) of this sub-
section exist. 
(2) A refusal is protected under paragraph (1)(B) and (C) if— 
(A) the refusal is made in good faith and no reasonable 
alternative to the refusal is available to the employee; 
(B) a reasonable individual in the circumstances then con-
fronting the employee would conclude that— 
(i) the hazardous condition presents an imminent 
danger of death or serious injury; and 
(ii) the urgency of the situation does not allow sufficient 
time to eliminate the danger without such refusal; and 
(C) the employee, where possible, has notified the public 
transportation agency of the existence of the hazardous condi-
tion and the intention not to perform further work, or not 
to authorize the use of the hazardous equipment, track, or 
structures, unless the condition is corrected immediately or 
the equipment, track, or structures are repaired properly or 
replaced. 
(3) In this subsection, only subsection (b)(1)(A) shall apply 
to security personnel, including transit police, employed or utilized 
by a public transportation agency to protect riders, equipment, 
assets, or facilities. 
(c) ENFORCEMENT ACTION.— 
Applicability. 
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121 STAT. 416 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) FILING AND NOTIFICATION.—A person who believes that 
he or she has been discharged or otherwise discriminated 
against by any person in violation of subsection (a) or (b) 
may, not later than 180 days after the date on which such 
violation occurs, file (or have any person file on his or her 
behalf) a complaint with the Secretary of Labor alleging such 
discharge or discrimination. Upon receipt of a complaint filed 
under this paragraph, the Secretary of Labor shall notify, in 
writing, the person named in the complaint and the person’s 
employer of the filing of the complaint, of the allegations con-
tained in the complaint, of the substance of evidence supporting 
the complaint, and of the opportunities that will be afforded 
to such person under paragraph (2). 
(2) INVESTIGATION; PRELIMINARY ORDER.— 
(A) IN GENERAL.—Not later than 60 days after the 
date of receipt of a complaint filed under paragraph (1) 
and after affording the person named in the complaint 
an opportunity to submit to the Secretary of Labor a writ-
ten response to the complaint and an opportunity to meet 
with a representative of the Secretary of Labor to present 
statements from witnesses, the Secretary of Labor shall 
conduct an investigation and determine whether there is 
reasonable cause to believe that the complaint has merit 
and notify, in writing, the complainant and the person 
alleged to have committed a violation of subsection (a) 
or (b) of the Secretary of Labor’s findings. If the Secretary 
of Labor concludes that there is a reasonable cause to 
believe that a violation of subsection (a) or (b) has occurred, 
the Secretary of Labor shall accompany the Secretary of 
Labor’s findings with a preliminary order providing the 
relief prescribed by paragraph (3)(B). Not later than 30 
days after the date of notification of findings under this 
paragraph, either the person alleged to have committed 
the violation or the complainant may file objections to 
the findings or preliminary order, or both, and request 
a hearing on the record. The filing of such objections shall 
not operate to stay any reinstatement remedy contained 
in the preliminary order. Such hearings shall be conducted 
expeditiously. If a hearing is not requested in such 30- 
day period, the preliminary order shall be deemed a final 
order that is not subject to judicial review. 
(B) REQUIREMENTS.— 
(i) REQUIRED SHOWING BY COMPLAINANT.—The Sec-
retary of Labor shall dismiss a complaint filed under 
this subsection and shall not conduct an investigation 
otherwise required under subparagraph (A) unless the 
complainant makes a prima facie showing that any 
behavior described in subsection (a) or (b) was a 
contributing factor in the unfavorable personnel action 
alleged in the complaint. 
(ii) SHOWING
BY
EMPLOYER.—Notwithstanding a 
finding by the Secretary of Labor that the complainant 
has made the showing required under clause (i), no 
investigation otherwise required under paragraph (A) 
shall be conducted if the employer demonstrates, by 
clear and convincing evidence, that the employer would 
Notification. 
Deadlines. 
Deadline. 
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121 STAT. 417 
PUBLIC LAW 110–53—AUG. 3, 2007 
have taken the same unfavorable personnel action in 
the absence of that behavior. 
(iii) CRITERIA FOR DETERMINATION BY SECRETARY 
OF LABOR.—The Secretary of Labor may determine that 
a violation of subsection (a) or (b) has occurred only 
if the complainant demonstrates that any behavior 
described in subsection (a) or (b) was a contributing 
factor in the unfavorable personnel action alleged in 
the complaint. 
(iv) PROHIBITION.—Relief may not be ordered 
under paragraph (A) if the employer demonstrates by 
clear and convincing evidence that the employer would 
have taken the same unfavorable personnel action in 
the absence of that behavior. 
(3) FINAL ORDER.— 
(A) DEADLINE
FOR
ISSUANCE; SETTLEMENT
AGREE-
MENTS.—Not later than 120 days after the date of conclu-
sion of a hearing under paragraph (2), the Secretary of 
Labor shall issue a final order providing the relief pre-
scribed by this paragraph or denying the complaint. At 
any time before issuance of a final order, a proceeding 
under this subsection may be terminated on the basis 
of a settlement agreement entered into by the Secretary 
of Labor, the complainant, and the person alleged to have 
committed the violation. 
(B) REMEDY.—If, in response to a complaint filed under 
paragraph (1), the Secretary of Labor determines that a 
violation of subsection (a) or (b) has occurred, the Secretary 
of Labor shall order the person who committed such viola-
tion to— 
(i) take affirmative action to abate the violation; 
and 
(ii) provide the remedies described in subsection 
(d). 
(C) ORDER.—If an order is issued under subparagraph 
(B), the Secretary of Labor, at the request of the complain-
ant, shall assess against the person against whom the 
order is issued a sum equal to the aggregate amount of 
all costs and expenses (including attorney and expert wit-
ness fees) reasonably incurred, as determined by the Sec-
retary of Labor, by the complainant for, or in connection 
with, bringing the complaint upon which the order was 
issued. 
(D) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor 
finds that a complaint under paragraph (1) is frivolous 
or has been brought in bad faith, the Secretary of Labor 
may award to the prevailing employer reasonable attorney 
fees not exceeding $1,000. 
(4) REVIEW.— 
(A) APPEAL
TO
COURT
OF
APPEALS.—Any person 
adversely affected or aggrieved by an order issued under 
paragraph (3) may obtain review of the order in the United 
States Court of Appeals for the circuit in which the viola-
tion, with respect to which the order was issued, allegedly 
occurred or the circuit in which the complainant resided 
on the date of such violation. The petition for review must 
be filed not later than 60 days after the date of the issuance 
Deadline. 
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121 STAT. 418 
PUBLIC LAW 110–53—AUG. 3, 2007 
of the final order of the Secretary of Labor. Review shall 
conform to chapter 7 of title 5, United States Code. The 
commencement of proceedings under this subparagraph 
shall not, unless ordered by the court, operate as a stay 
of the order. 
(B) LIMITATION ON COLLATERAL ATTACK.—An order of 
the Secretary of Labor with respect to which review could 
have been obtained under subparagraph (A) shall not be 
subject to judicial review in any criminal or other civil 
proceeding. 
(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR.— 
Whenever any person has failed to comply with an order issued 
under paragraph (3), the Secretary of Labor may file a civil 
action in the United States district court for the district in 
which the violation was found to occur to enforce such order. 
In actions brought under this paragraph, the district courts 
shall have jurisdiction to grant all appropriate relief including, 
but not limited to, injunctive relief and compensatory damages. 
(6) ENFORCEMENT OF ORDER BY PARTIES.— 
(A) COMMENCEMENT OF ACTION.—A person on whose 
behalf an order was issued under paragraph (3) may com-
mence a civil action against the person to whom such 
order was issued to require compliance with such order. 
The appropriate United States district court shall have 
jurisdiction, without regard to the amount in controversy 
or the citizenship of the parties, to enforce such order. 
(B) ATTORNEY FEES.—The court, in issuing any final 
order under this paragraph, may award costs of litigation 
(including reasonable attorney and expert witness fees) 
to any party whenever the court determines such award 
is appropriate. 
(7) DE NOVO REVIEW.—With respect to a complaint under 
paragraph (1), if the Secretary of Labor has not issued a final 
decision within 210 days after the filing of the complaint and 
if the delay is not due to the bad faith of the employee, the 
employee may bring an original action at law or equity for 
de novo review in the appropriate district court of the United 
States, which shall have jurisdiction over such an action with-
out regard to the amount in controversy, and which action 
shall, at the request of either party to such action, be tried 
by the court with a jury. The action shall be governed by 
the same legal burdens of proof specified in paragraph (2)(B) 
for review by the Secretary of Labor. 
(d) REMEDIES.— 
(1) IN GENERAL.—An employee prevailing in any action 
under subsection (c) shall be entitled to all relief necessary 
to make the employee whole. 
(2) DAMAGES.—Relief in an action under subsection (c) 
(including an action described in (c)(7)) shall include— 
(A) reinstatement with the same seniority status that 
the employee would have had, but for the discrimination; 
(B) any backpay, with interest; and 
(C) compensatory damages, including compensation for 
any special damages sustained as a result of the discrimina-
tion, including litigation costs, expert witness fees, and 
reasonable attorney fees. 
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121 STAT. 419 
PUBLIC LAW 110–53—AUG. 3, 2007 
(3) POSSIBLE RELIEF.—Relief in any action under subsection 
(c) may include punitive damages in an amount not to exceed 
$250,000. 
(e) ELECTION OF REMEDIES.—An employee may not seek protec-
tion under both this section and another provision of law for the 
same allegedly unlawful act of the public transportation agency. 
(f) NO PREEMPTION.—Nothing in this section preempts or dimin-
ishes any other safeguards against discrimination, demotion, dis-
charge, suspension, threats, harassment, reprimand, retaliation, 
or any other manner of discrimination provided by Federal or 
State law. 
(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section 
shall be construed to diminish the rights, privileges, or remedies 
of any employee under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or 
condition of employment. 
(h) DISCLOSURE OF IDENTITY.— 
(1) Except as provided in paragraph (2) of this subsection, 
or with the written consent of the employee, the Secretary 
of Transportation or the Secretary of Homeland Security may 
not disclose the name of an employee who has provided informa-
tion described in subsection (a)(1). 
(2) The Secretary of Transportation or the Secretary of 
Homeland Security shall disclose to the Attorney General the 
name of an employee described in paragraph (1) of this sub-
section if the matter is referred to the Attorney General for 
enforcement. The Secretary making such disclosure shall pro-
vide reasonable advance notice to the affected employee if 
disclosure of that person’s identity or identifying information 
is to occur. 
(i) PROCESS
FOR
REPORTING
SECURITY
PROBLEMS
TO
THE 
DEPARTMENT OF HOMELAND SECURITY.— 
(1) ESTABLISHMENT
OF
PROCESS.—The Secretary shall 
establish through regulations after an opportunity for notice 
and comment, and provide information to the public regarding, 
a process by which any person may submit a report to the 
Secretary regarding public transportation security problems, 
deficiencies, or vulnerabilities. 
(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 
under paragraph (1) identifies the person making the report, 
the Secretary shall respond promptly to such person and 
acknowledge receipt of the report. 
(3) STEPS
TO
ADDRESS
PROBLEM.—The Secretary shall 
review and consider the information provided in any report 
submitted under paragraph (1) and shall take appropriate steps 
to address any problems or deficiencies identified. 
SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVID-
UALS FOR PUBLIC TRANSPORTATION. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) SECURITY
BACKGROUND
CHECK.—The term ‘‘security 
background check’’ means reviewing the following for the pur-
pose of identifying individuals who may pose a threat to 
transportation security, national security, or of terrorism: 
(A) Relevant criminal history databases. 
6 USC 1143. 
Regulations. 
Notice. 
Public 
information. 
Notification. 
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121 STAT. 420 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) In the case of an alien (as defined in section 101 
of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(3))), the relevant databases to determine the status 
of the alien under the immigration laws of the United 
States. 
(C) Other relevant information or databases, as deter-
mined by the Secretary. 
(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ 
means an employee of a public transportation agency or a 
contractor or subcontractor of a public transportation agency. 
(b) GUIDANCE.— 
(1) Any guidance, recommendations, suggested action 
items, or any other widely disseminated voluntary action item 
issued by the Secretary to a public transportation agency or 
a contractor or subcontractor of a public transportation agency 
relating to performing a security background check of a covered 
individual shall contain recommendations on the appropriate 
scope and application of such a security background check, 
including the time period covered, the types of disqualifying 
offenses, and a redress process for adversely impacted covered 
individuals consistent with subsections (c) and (d) of this sec-
tion. 
(2) Not later than 60 days after the date of enactment 
of this Act, any guidance, recommendations, suggested action 
items, or any other widely disseminated voluntary action item 
issued by the Secretary prior to the date of enactment of this 
Act to a public transportation agency or a contractor or subcon-
tractor of a public transportation agency relating to performing 
a security background check of a covered individual shall be 
updated in compliance with paragraph (b)(1). 
(3) If a public transportation agency or a contractor or 
subcontractor of a public transportation agency performs a secu-
rity background check on a covered individual to fulfill guidance 
issued by the Secretary under paragraph (1) or (2), the Sec-
retary shall not consider such guidance fulfilled unless an ade-
quate redress process as described in subsection (d) is provided 
to covered individuals. 
(c) REQUIREMENTS.—If the Secretary issues a rule, regulation 
or directive requiring a public transportation agency or contractor 
or subcontractor of a public transportation agency to perform a 
security background check of a covered individual, then the Sec-
retary shall prohibit a public transportation agency or contractor 
or subcontractor of a public transportation agency from making 
an adverse employment decision, including removal or suspension 
of the employee, due to such rule, regulation, or directive with 
respect to a covered individual unless the public transportation 
agency or contractor or subcontractor of a public transportation 
agency determines that the covered individual— 
(1) has been convicted of, has been found not guilty of 
by reason of insanity, or is under want, warrant, or indictment 
for a permanent disqualifying criminal offense listed in part 
1572 of title 49, Code of Federal Regulations; 
(2) was convicted of or found not guilty by reason of insanity 
of an interim disqualifying criminal offense listed in part 1572 
of title 49, Code of Federal Regulations, within 7 years of 
the date that the public transportation agency or contractor 
Deadline. 
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121 STAT. 421 
PUBLIC LAW 110–53—AUG. 3, 2007 
or subcontractor of the public transportation agency performs 
the security background check; or 
(3) was incarcerated for an interim disqualifying criminal 
offense listed in part 1572 of title 49, Code of Federal Regula-
tions, and released from incarceration within 5 years of the 
date that the public transportation agency or contractor or 
subcontractor of a public transportation agency performs the 
security background check. 
(d) REDRESS PROCESS.—If the Secretary issues a rule, regula-
tion, or directive requiring a public transportation agency or con-
tractor or subcontractor of a public transportation agency to perform 
a security background check of a covered individual, the Secretary 
shall— 
(1) provide an adequate redress process for a covered indi-
vidual subjected to an adverse employment decision, including 
removal or suspension of the employee, due to such rule, regula-
tion, or directive that is consistent with the appeals and waiver 
process established for applicants for commercial motor vehicle 
hazardous materials endorsements and transportation workers 
at ports, as required by section 70105(c) of title 49, United 
States Code; and 
(2) have the authority to order an appropriate remedy, 
including reinstatement of the covered individual, should the 
Secretary determine that a public transportation agency or 
contractor or subcontractor of a public transportation agency 
wrongfully made an adverse employment decision regarding 
a covered individual pursuant to such rule, regulation, or direc-
tive. 
(e) FALSE STATEMENTS.—A public transportation agency or a 
contractor or subcontractor of a public transportation agency may 
not knowingly misrepresent to an employee or other relevant per-
son, including an arbiter involved in a labor arbitration, the scope, 
application, or meaning of any rules, regulations, directives, or 
guidance issued by the Secretary related to security background 
check requirements for covered individuals when conducting a secu-
rity background check. Not later than 1 year after the date of 
enactment of this Act, the Secretary shall issue a regulation that 
prohibits a public transportation agency or a contractor or subcon-
tractor of a public transportation agency from knowingly misrepre-
senting to an employee or other relevant person, including an 
arbiter involved in a labor arbitration, the scope, application, or 
meaning of any rules, regulations, directives, or guidance issued 
by the Secretary related to security background check requirements 
for covered individuals when conducting a security background 
check. 
(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall 
be construed to abridge a public transportation agency’s or a con-
tractor or subcontractor of a public transportation agency’s rights 
or responsibilities to make adverse employment decisions permitted 
by other Federal, State, or local laws. Nothing in the section shall 
be construed to abridge rights and responsibilities of covered 
individuals, a public transportation agency, or a contractor or sub-
contractor of a public transportation agency under any other Fed-
eral, State, or local laws or collective bargaining agreement. 
(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in 
this section shall be construed to preempt a Federal, State, or 
local law that requires criminal history background checks, 
Deadline. 
Regulations. 
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121 STAT. 422 
PUBLIC LAW 110–53—AUG. 3, 2007 
immigration status checks, or other background checks of covered 
individuals. 
(h) STATUTORY CONSTRUCTION.—Nothing in this section shall 
be construed to affect the process for review established under 
section 70105(c) of title 46, United States Code, including regula-
tions issued pursuant to such section. 
SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES. 
(a) INSPECTORS.—Surface transportation inspectors shall be 
prohibited from issuing fines to public transportation agencies for 
violations of the Department’s regulations or orders except through 
the process described in subsection (b). 
(b) CIVIL PENALTIES.—The Secretary shall be prohibited from 
assessing civil penalties against public transportation agencies for 
violations of the Department’s regulations or orders, except in 
accordance with the following: 
(1) In the case of a public transportation agency that is 
found to be in violation of a regulation or order issued by 
the Secretary, the Secretary shall seek correction of the viola-
tion through a written notice to the public transportation 
agency and shall give the public transportation agency reason-
able opportunity to correct the violation or propose an alter-
native means of compliance acceptable to the Secretary. 
(2) If the public transportation agency does not correct 
the violation or propose an alternative means of compliance 
acceptable to the Secretary within a reasonable time period 
that is specified in the written notice, the Secretary may take 
any action authorized in section 114 of title 49, United States 
Code, as amended by this Act. 
(c) LIMITATION ON SECRETARY.—The Secretary shall not initiate 
civil enforcement actions for violations of administrative and proce-
dural requirements pertaining to the application for and expendi-
ture of funds awarded under transportation security grant programs 
under this title. 
TITLE XV—SURFACE TRANSPORTATION 
SECURITY 
Subtitle A—General Provisions 
SEC. 1501. DEFINITIONS. 
In this title, the following definitions apply: 
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
on Commerce, Science, and Transportation and the Committee 
on Homeland Security and Governmental Affairs of the Senate 
and the Committee on Homeland Security and the Committee 
on Transportation and Infrastructure of the House of Rep-
resentatives. 
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(3) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security. 
6 USC 1151. 
Notice. 
6 USC 1144. 
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121 STAT. 423 
PUBLIC LAW 110–53—AUG. 3, 2007 
(4) OVER-THE-ROAD
BUS.—The term ‘‘over-the-road bus’’ 
means a bus characterized by an elevated passenger deck 
located over a baggage compartment. 
(5) OVER-THE-ROAD
BUS
FRONTLINE
EMPLOYEES.—In this 
section, the term ‘‘over-the-road bus frontline employees’’ means 
over-the-road bus drivers, security personnel, dispatchers, 
maintenance and maintenance support personnel, ticket agents, 
other terminal employees, and other employees of an over- 
the-road bus operator or terminal owner or operator that the 
Secretary determines should receive security training under 
this title. 
(6) RAILROAD FRONTLINE EMPLOYEES.—In this section, the 
term ‘‘railroad frontline employees’’ means security personnel, 
dispatchers, locomotive engineers, conductors, trainmen, other 
onboard employees, maintenance and maintenance support per-
sonnel, bridge tenders, and any other employees of railroad 
carriers that the Secretary determines should receive security 
training under this title. 
(7) RAILROAD.—The term ‘‘railroad’’ has the meaning that 
term has in section 20102 of title 49, United States Code. 
(8) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has 
the meaning that term has in section 20102 of title 49, United 
States Code. 
(9) STATE.—The term ‘‘State’’ means any one of the 50 
States, the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, Guam, American Samoa, 
and any other territory or possession of the United States. 
(10) TERRORISM.—The term ‘‘terrorism’’ has the meaning 
that term has in section 2 of the Homeland Security Act of 
2002 (6 U.S.C. 101). 
(11) TRANSPORTATION.—The term ‘‘transportation’’, as used 
with respect to an over-the-road bus, means the movement 
of passengers or property by an over-the-road bus— 
(A) in the jurisdiction of the United States between 
a place in a State and a place outside the State (including 
a place outside the United States); or 
(B) in a State that affects trade, traffic, and transpor-
tation described in subparagraph (A). 
(12) UNITED STATES.—The term ‘‘United States’’ means the 
50 States, the District of Columbia, Puerto Rico, the Northern 
Mariana Islands, the Virgin Islands, Guam, American Samoa, 
and any other territory or possession of the United States. 
(13) SECURITY-SENSITIVE MATERIAL.—The term ‘‘security- 
sensitive material’’ means a material, or a group or class of 
material, in a particular amount and form that the Secretary, 
in consultation with the Secretary of Transportation, deter-
mines, through a rulemaking with opportunity for public com-
ment, poses a significant risk to national security while being 
transported in commerce due to the potential use of the mate-
rial in an act of terrorism. In making such a designation, 
the Secretary shall, at a minimum, consider the following: 
(A) Class 7 radioactive materials. 
(B) Division 1.1, 1.2, or 1.3 explosives. 
(C) Materials poisonous or toxic by inhalation, 
including Division 2.3 gases and Division 6.1 materials. 
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121 STAT. 424 
PUBLIC LAW 110–53—AUG. 3, 2007 
(D) A select agent or toxin regulated by the Centers 
for Disease Control and Prevention under part 73 of title 
42, Code of Federal Regulations. 
(14) DISADVANTAGED BUSINESS CONCERNS.—The term ‘‘dis-
advantaged business concerns’’ means small businesses that 
are owned and controlled by socially and economically disadvan-
taged individuals as defined in section 124, of title 13, Code 
of Federal Regulations. 
(15) AMTRAK.—The term ‘‘Amtrak’’ means the National 
Railroad Passenger Corporation. 
SEC. 1502. OVERSIGHT AND GRANT PROCEDURES. 
(a) SECRETARIAL OVERSIGHT.—The Secretary, in coordination 
with Secretary of Transportation for grants awarded to Amtrak, 
shall establish necessary procedures, including monitoring and 
audits, to ensure that grants made under this title are expended 
in accordance with the purposes of this title and the priorities 
and other criteria developed by the Secretary. 
(b) ADDITIONAL AUDITS AND REVIEWS.—The Secretary, and the 
Secretary of Transportation for grants awarded to Amtrak, may 
award contracts to undertake additional audits and reviews of 
the safety, security, procurement, management, and financial 
compliance of a recipient of amounts under this title. 
(c) PROCEDURES FOR GRANT AWARD.—Not later than 180 days 
after the date of enactment of this Act, the Secretary shall prescribe 
procedures and schedules for the awarding of grants under this 
title, including application and qualification procedures, and a 
record of decision on applicant eligibility. The procedures shall 
include the execution of a grant agreement between the grant 
recipient and the Secretary and shall be consistent, to the extent 
practicable, with the grant procedures established under section 
70107(i) and (j) of title 46, United States Code. 
(d) ADDITIONAL AUTHORITY.— 
(1) ISSUANCE.—The Secretary may issue non-binding letters 
of intent to recipients of a grant under this title, to commit 
funding from future budget authority of an amount, not more 
than the Federal Government’s share of the project’s cost, for 
a capital improvement project. 
(2) SCHEDULE.—The letter of intent under this subsection 
shall establish a schedule under which the Secretary will 
reimburse the recipient for the Government’s share of the 
project’s costs, as amounts become available, if the recipient, 
after the Secretary issues that letter, carries out the project 
without receiving amounts under a grant issued under this 
title. 
(3) NOTICE
TO
SECRETARY.—A recipient that has been 
issued a letter of intent under this section shall notify the 
Secretary of the recipient’s intent to carry out a project before 
the project begins. 
(4) NOTICE TO CONGRESS.—The Secretary shall transmit 
to the appropriate congressional committees a written notifica-
tion at least 5 days before the issuance of a letter of intent 
under this subsection. 
(5) LIMITATIONS.—A letter of intent issued under this sub-
section is not an obligation of the Federal Government under 
section 1501 of title 31, United States Code, and the letter 
is not deemed to be an administrative commitment for 
Deadline. 
6 USC 1152. 
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121 STAT. 425 
PUBLIC LAW 110–53—AUG. 3, 2007 
financing. An obligation or administrative commitment may 
be made only as amounts are provided in authorization and 
appropriations laws. 
(e) RETURN OF MISSPENT GRANT FUNDS.—As part of the grant 
agreement under subsection (c), the Secretary shall require grant 
applicants to return any misspent grant funds received under this 
title that the Secretary considers to have been spent for a purpose 
other than those specified in the grant award. The Secretary shall 
take all necessary actions to recover such funds. 
(f) CONGRESSIONAL NOTIFICATION.—Not later than 5 days before 
the award of any grant is made under this title, the Secretary 
shall notify the appropriate congressional committees of the intent 
to award such grant. 
(g) GUIDELINES.—The Secretary shall ensure, to the extent 
practicable, that grant recipients under this title who use contrac-
tors or subcontractors use small, minority, women-owned, or dis-
advantaged business concerns as contractors or subcontractors when 
appropriate. 
SEC. 1503. AUTHORIZATION OF APPROPRIATIONS. 
(a) TRANSPORTATION SECURITY ADMINISTRATION AUTHORIZA-
TION.—Section 114 of title 49, United States Code, as amended 
by section 1302 of this Act, is further amended by adding at the 
end the following: 
‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated to the Secretary of Homeland Security 
for— 
‘‘(1) railroad security— 
‘‘(A) $488,000,000 for fiscal year 2008; 
‘‘(B) $483,000,000 for fiscal year 2009; 
‘‘(C) $508,000,000 for fiscal year 2010; and 
‘‘(D) $508,000,000 for fiscal year 2011; 
‘‘(2) over-the-road bus and trucking security— 
‘‘(A) $14,000,000 for fiscal year 2008; 
‘‘(B) $27,000,000 for fiscal year 2009; 
‘‘(C) $27,000,000 for fiscal year 2010; and 
‘‘(D) $27,000,000 for fiscal year 2011; and 
‘‘(3) hazardous material and pipeline security— 
‘‘(A) $12,000,000 for fiscal year 2008; 
‘‘(B) $12,000,000 for fiscal year 2009; and 
‘‘(C) $12,000,000 for fiscal year 2010.’’. 
(b) DEPARTMENT OF TRANSPORTATION.—There are authorized 
to be appropriated to the Secretary of Transportation to carry 
out section 1515— 
(1) $38,000,000 for fiscal year 2008; 
(2) $40,000,000 for fiscal year 2009; 
(3) $55,000,000 for fiscal year 2010; and 
(4) $70,000,000 for fiscal year 2011. 
SEC. 1504. PUBLIC AWARENESS. 
Not later than 180 days after the date of enactment of this 
Act, the Secretary shall develop a national plan for railroad and 
over-the-road bus security public outreach and awareness. Such 
a plan shall be designed to increase awareness of measures that 
the general public, passengers, and employees of railroad carriers 
and over-the-road bus operators can take to increase the security 
of the national railroad and over-the-road bus transportation sys-
tems. Such a plan shall also provide outreach to railroad carriers 
Deadlines. 
6 USC 1154. 
6 USC 1153. 
Deadline. 
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121 STAT. 426 
PUBLIC LAW 110–53—AUG. 3, 2007 
and over-the-road bus operators and their employees to improve 
their awareness of available technologies, ongoing research and 
development efforts, and available Federal funding sources to 
improve security. Not later than 9 months after the date of enact-
ment of this Act, the Secretary shall implement the plan developed 
under this section. 
Subtitle B—Railroad Security 
SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT 
AND NATIONAL STRATEGY. 
(a) RISK ASSESSMENT.—The Secretary shall establish a Federal 
task force, including the Transportation Security Administration 
and other agencies within the Department, the Department of 
Transportation, and other appropriate Federal agencies, to com-
plete, within 6 months of the date of enactment of this Act, a 
nationwide risk assessment of a terrorist attack on railroad carriers. 
The assessment shall include— 
(1) a methodology for conducting the risk assessment, 
including timelines, that addresses how the Department will 
work with the entities described in subsection (c) and make 
use of existing Federal expertise within the Department, the 
Department of Transportation, and other appropriate agencies; 
(2) identification and evaluation of critical assets and infra-
structure, including tunnels used by railroad carriers in high- 
threat urban areas; 
(3) identification of risks to those assets and infrastructure; 
(4) identification of risks that are specific to the transpor-
tation of hazardous materials via railroad; 
(5) identification of risks to passenger and cargo security, 
transportation infrastructure protection systems, operations, 
communications systems, and any other area identified by the 
assessment; 
(6) an assessment of employee training and emergency 
response planning; 
(7) an assessment of public and private operational recovery 
plans, taking into account the plans for the maritime sector 
required under section 70103 of title 46, United States Code, 
to expedite, to the maximum extent practicable, the return 
of an adversely affected railroad transportation system or 
facility to its normal performance level after a major terrorist 
attack or other security event on that system or facility; and 
(8) an account of actions taken or planned by both public 
and private entities to address identified railroad security 
issues and an assessment of the effective integration of such 
actions. 
(b) NATIONAL STRATEGY.— 
(1) REQUIREMENT.—Not later than 9 months after the date 
of enactment of this Act and based upon the assessment con-
ducted under subsection (a), the Secretary, consistent with 
and as required by section 114(t) of title 49, United States 
Code, shall develop and implement the modal plan for railroad 
transportation, entitled the ‘‘National Strategy for Railroad 
Transportation Security’’. 
Deadline. 
Establishment. 
Deadline. 
6 USC 1161. 
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121 STAT. 427 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) CONTENTS.—The modal plan shall include prioritized 
goals, actions, objectives, policies, mechanisms, and schedules 
for, at a minimum— 
(A) improving the security of railroad tunnels, railroad 
bridges, railroad switching and car storage areas, other 
railroad infrastructure and facilities, information systems, 
and other areas identified by the Secretary as posing 
significant railroad-related risks to public safety and the 
movement of interstate commerce, taking into account the 
impact that any proposed security measure might have 
on the provision of railroad service or on operations served 
or otherwise affected by railroad service; 
(B) deploying equipment and personnel to detect secu-
rity threats, including those posed by explosives and haz-
ardous chemical, biological, and radioactive substances, and 
any appropriate countermeasures; 
(C) consistent with section 1517, training railroad 
employees in terrorism prevention, preparedness, pas-
senger evacuation, and response activities; 
(D) conducting public outreach campaigns for railroads 
regarding 
security, 
including 
educational 
initiatives 
designed to inform the public on how to prevent, prepare 
for, respond to, and recover from a terrorist attack on 
railroad transportation; 
(E) providing additional railroad security support for 
railroads at high or severe threat levels of alert; 
(F) ensuring, in coordination with freight and intercity 
and commuter passenger railroads, the continued move-
ment of freight and passengers in the event of an attack 
affecting the railroad system, including the possibility of 
rerouting traffic due to the loss of critical infrastructure, 
such as a bridge, tunnel, yard, or station; 
(G) coordinating existing and planned railroad security 
initiatives undertaken by the public and private sectors; 
(H) assessing— 
(i) the usefulness of covert testing of railroad secu-
rity systems; 
(ii) the ability to integrate security into infrastruc-
ture design; and 
(iii) the implementation of random searches of pas-
sengers and baggage; and 
(I) identifying the immediate and long-term costs of 
measures that may be required to address those risks 
and public and private sector sources to fund such meas-
ures. 
(3) RESPONSIBILITIES.—The Secretary shall include in the 
modal plan a description of the roles, responsibilities, and 
authorities of Federal, State, and local agencies, government- 
sponsored entities, tribal governments, and appropriate stake-
holders described in subsection (c). The plan shall also include— 
(A) the identification of, and a plan to address, gaps 
and unnecessary overlaps in the roles, responsibilities, and 
authorities described in this paragraph; 
(B) a methodology for how the Department will work 
with the entities described in subsection (c), and make 
use of existing Federal expertise within the Department, 
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121 STAT. 428 
PUBLIC LAW 110–53—AUG. 3, 2007 
the Department of Transportation, and other appropriate 
agencies; 
(C) a process for facilitating security clearances for 
the purpose of intelligence and information sharing with 
the entities described in subsection (c), as appropriate; 
(D) a strategy and timeline, coordinated with the 
research and development program established under sec-
tion 1518, for the Department, the Department of Transpor-
tation, other appropriate Federal agencies and private enti-
ties to research and develop new technologies for securing 
railroad systems; and 
(E) a process for coordinating existing or future security 
strategies and plans for railroad transportation, including 
the National Infrastructure Protection Plan required by 
Homeland Security Presidential Directive–7; Executive 
Order No. 13416: ‘‘Strengthening Surface Transportation 
Security’’ dated December 5, 2006; the Memorandum of 
Understanding between the Department and the Depart-
ment of Transportation on Roles and Responsibilities dated 
September 28, 2004, and any and all subsequent annexes 
to this Memorandum of Understanding, and any other 
relevant agreements between the two Departments. 
(c) CONSULTATION WITH STAKEHOLDERS.—In developing the 
National Strategy required under this section, the Secretary shall 
consult with railroad management, nonprofit employee organiza-
tions representing railroad employees, owners or lessors of railroad 
cars used to transport hazardous materials, emergency responders, 
offerors of security-sensitive materials, public safety officials, and 
other relevant parties. 
(d) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In devel-
oping the risk assessment and National Strategy required under 
this section, the Secretary shall utilize relevant existing plans, 
strategies, and risk assessments developed by the Department or 
other Federal agencies, including those developed or implemented 
pursuant to section 114(t) of title 49, United States Code, or Home-
land Security Presidential Directive–7, and, as appropriate, assess-
ments developed by other public and private stakeholders. 
(e) REPORT.— 
(1) CONTENTS.—Not later than 1 year after the date of 
enactment of this Act, the Secretary shall transmit to the 
appropriate congressional committees a report containing— 
(A) the assessment and the National Strategy required 
by this section; and 
(B) an estimate of the cost to implement the National 
Strategy. 
(2) FORMAT.—The Secretary may submit the report in both 
classified and redacted formats if the Secretary determines 
that such action is appropriate or necessary. 
(f) ANNUAL UPDATES.—Consistent with the requirements of sec-
tion 114(t) of title 49, United States Code, the Secretary shall 
update the assessment and National Strategy each year and 
transmit a report, which may be submitted in both classified and 
redacted formats, to the appropriate congressional committees con-
taining the updated assessment and recommendations. 
(g) FUNDING.—Out of funds appropriated pursuant to section 
114(w) of title 49, United States Code, as amended by section 
Reports. 
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121 STAT. 429 
PUBLIC LAW 110–53—AUG. 3, 2007 
1503 of this title, there shall be made available to the Secretary 
to carry out this section $5,000,000 for fiscal year 2008. 
SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS. 
(a) IN GENERAL.—Not later than 12 months after the date 
of enactment of this Act, the Secretary shall issue regulations 
that— 
(1) require each railroad carrier assigned to a high-risk 
tier under this section to— 
(A) conduct a vulnerability assessment in accordance 
with subsections (c) and (d); and 
(B) to prepare, submit to the Secretary for approval, 
and implement a security plan in accordance with this 
section that addresses security performance requirements; 
and 
(2) establish standards and guidelines, based on and con-
sistent with the risk assessment and National Strategy for 
Railroad Transportation Security developed under section 1511, 
for developing and implementing the vulnerability assessments 
and security plans for railroad carriers assigned to high-risk 
tiers. 
(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish 
a security program for railroad carriers not assigned to a high- 
risk tier, including— 
(1) guidance for such carriers in conducting vulnerability 
assessments and preparing and implementing security plans, 
as determined appropriate by the Secretary; and 
(2) a process to review and approve such assessments and 
plans, as appropriate. 
(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after 
the date of issuance of the regulations under subsection (a), the 
vulnerability assessments and security plans required by such regu-
lations for railroad carriers assigned to a high-risk tier shall be 
completed and submitted to the Secretary for review and approval. 
(d) VULNERABILITY ASSESSMENTS.— 
(1) REQUIREMENTS.—The Secretary shall provide technical 
assistance and guidance to railroad carriers in conducting 
vulnerability assessments under this section and shall require 
that each vulnerability assessment of a railroad carrier assigned 
to a high-risk tier under this section, include, as applicable— 
(A) identification and evaluation of critical railroad 
carrier assets and infrastructure, including platforms, sta-
tions, intermodal terminals, tunnels, bridges, switching and 
storage areas, and information systems as appropriate; 
(B) identification of the vulnerabilities to those assets 
and infrastructure; 
(C) identification of strengths and weaknesses in— 
(i) physical security; 
(ii) passenger and cargo security, including the 
security of security-sensitive materials being trans-
ported by railroad or stored on railroad property; 
(iii) programmable electronic devices, computers, 
or other automated systems which are used in pro-
viding the transportation; 
(iv) alarms, cameras, and other protection systems; 
Deadline. 
Regulations. 
6 USC 1162. 
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121 STAT. 430 
PUBLIC LAW 110–53—AUG. 3, 2007 
(v) communications systems and utilities needed 
for railroad security purposes, including dispatching 
and notification systems; 
(vi) emergency response planning; 
(vii) employee training; and 
(viii) such other matters as the Secretary deter-
mines appropriate; and 
(D) identification of redundant and backup systems 
required to ensure the continued operation of critical ele-
ments of a railroad carrier’s system in the event of an 
attack or other incident, including disruption of commercial 
electric power or communications network. 
(2) THREAT INFORMATION.—The Secretary shall provide in 
a timely manner to the appropriate employees of a railroad 
carrier, as designated by the railroad carrier, threat information 
that is relevant to the carrier when preparing and submitting 
a vulnerability assessment and security plan, including an 
assessment of the most likely methods that could be used 
by terrorists to exploit weaknesses in railroad security. 
(e) SECURITY PLANS.— 
(1) REQUIREMENTS.—The Secretary shall provide technical 
assistance and guidance to railroad carriers in preparing and 
implementing security plans under this section, and shall 
require that each security plan of a railroad carrier assigned 
to a high-risk tier under this section include, as applicable— 
(A) identification of a security coordinator having 
authority— 
(i) to implement security actions under the plan; 
(ii) to coordinate security improvements; and 
(iii) to receive immediate communications from 
appropriate Federal officials regarding railroad secu-
rity; 
(B) a list of needed capital and operational improve-
ments; 
(C) procedures to be implemented or used by the rail-
road carrier in response to a terrorist attack, including 
evacuation and passenger communication plans that 
include individuals with disabilities as appropriate; 
(D) identification of steps taken with State and local 
law enforcement agencies, emergency responders, and Fed-
eral officials to coordinate security measures and plans 
for response to a terrorist attack; 
(E) a strategy and timeline for conducting training 
under section 1517; 
(F) enhanced security measures to be taken by the 
railroad carrier when the Secretary declares a period of 
heightened security risk; 
(G) plans for providing redundant and backup systems 
required to ensure the continued operation of critical ele-
ments of the railroad carrier’s system in the event of a 
terrorist attack or other incident; 
(H) a strategy for implementing enhanced security for 
shipments of security-sensitive materials, including plans 
for quickly locating and securing such shipments in the 
event of a terrorist attack or security incident; and 
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121 STAT. 431 
PUBLIC LAW 110–53—AUG. 3, 2007 
(I) such other actions or procedures as the Secretary 
determines are appropriate to address the security of rail-
road carriers. 
(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary 
shall require that the individual serving as the security coordi-
nator identified in paragraph (1)(A) is a citizen of the United 
States. The Secretary may waive this requirement with respect 
to an individual if the Secretary determines that it is appro-
priate to do so based on a background check of the individual 
and a review of the consolidated terrorist watchlist. 
(3) CONSISTENCY WITH OTHER PLANS.—The Secretary shall 
ensure that the security plans developed by railroad carriers 
under this section are consistent with the risk assessment 
and National Strategy for Railroad Transportation Security 
developed under section 1511. 
(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months 
after receiving the assessments and plans required under this sec-
tion, the Secretary shall— 
(1) review each vulnerability assessment and security plan 
submitted to the Secretary in accordance with subsection (c); 
(2) require amendments to any security plan that does 
not meet the requirements of this section; and 
(3) approve any vulnerability assessment or security plan 
that meets the requirements of this section. 
(g) INTERIM SECURITY MEASURES.—The Secretary may require 
railroad carriers, during the period before the deadline established 
under subsection (c), to submit a security plan under subsection 
(e) to implement any necessary interim security measures essential 
to providing adequate security of the railroad carrier’s system. 
An interim plan required under this subsection will be superseded 
by a plan required under subsection (e). 
(h) TIER ASSIGNMENT.—Utilizing the risk assessment and 
National Strategy for Railroad Transportation Security required 
under section 1511, the Secretary shall assign each railroad carrier 
to a risk-based tier established by the Secretary: 
(1) PROVISION
OF
INFORMATION.—The Secretary may 
request, and a railroad carrier shall provide, information nec-
essary for the Secretary to assign a railroad carrier to the 
appropriate tier under this subsection. 
(2) NOTIFICATION.—Not later than 60 days after the date 
a railroad carrier is assigned to a tier under this subsection, 
the Secretary shall notify the railroad carrier of the tier to 
which it is assigned and the reasons for such assignment. 
(3) HIGH-RISK TIERS.—At least one of the tiers established 
by the Secretary under this subsection shall be designated 
a tier for high-risk railroad carriers. 
(4) REASSIGNMENT.—The Secretary may reassign a railroad 
carrier to another tier, as appropriate, in response to changes 
in risk. The Secretary shall notify the railroad carrier not 
later than 60 days after such reassignment and provide the 
railroad carrier with the reasons for such reassignment. 
(i) NONDISCLOSURE OF INFORMATION.— 
(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 
in this section shall be construed as authorizing the withholding 
of any information from Congress. 
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA-
TION.—Nothing in this section shall be construed as affecting 
Notification. 
Deadline. 
Deadline. 
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121 STAT. 432 
PUBLIC LAW 110–53—AUG. 3, 2007 
any authority or obligation of a Federal agency to disclose 
any record or information that the Federal agency obtains 
from a railroad carrier under any other Federal law. 
(j) EXISTING PROCEDURES, PROTOCOLS AND STANDARDS.— 
(1) DETERMINATION.—In response to a petition by a railroad 
carrier or at the discretion of the Secretary, the Secretary 
may determine that existing procedures, protocols, and stand-
ards meet all or part of the requirements of this section, 
including regulations issued under subsection (a), regarding 
vulnerability assessments and security plans. 
(2) ELECTION.—Upon review and written determination by 
the Secretary that existing procedures, protocols, or standards 
of a railroad carrier satisfy the requirements of this section, 
the railroad carrier may elect to comply with those procedures, 
protocols, or standards instead of the requirements of this 
section. 
(3) PARTIAL APPROVAL.—If the Secretary determines that 
the existing procedures, protocols, or standards of a railroad 
carrier satisfy only part of the requirements of this section, 
the Secretary may accept such submission, but shall require 
submission by the railroad carrier of any additional information 
relevant to the vulnerability assessment and security plan of 
the railroad carrier to ensure that the remaining requirements 
of this section are fulfilled. 
(4) NOTIFICATION.—If the Secretary determines that par-
ticular existing procedures, protocols, or standards of a railroad 
carrier under this subsection do not satisfy the requirements 
of this section, the Secretary shall provide to the railroad carrier 
a written notification that includes an explanation of the deter-
mination. 
(5) REVIEW.—Nothing in this subsection shall relieve the 
Secretary of the obligation— 
(A) to review the vulnerability assessment and security 
plan submitted by a railroad carrier under this section; 
and 
(B) to approve or disapprove each submission on an 
individual basis. 
(k) PERIODIC EVALUATION BY RAILROAD CARRIERS REQUIRED.— 
(1) SUBMISSION OF EVALUATION.—Not later than 3 years 
after the date on which a vulnerability assessment or security 
plan required to be submitted to the Secretary under subsection 
(c) is approved, and at least once every 5 years thereafter 
(or on such a schedule as the Secretary may establish by 
regulation), a railroad carrier who submitted a vulnerability 
assessment and security plan and who is still assigned to 
the high-risk tier must also submit to the Secretary an evalua-
tion of the adequacy of the vulnerability assessment and secu-
rity plan that includes a description of any material changes 
made to the vulnerability assessment or security plan. 
(2) REVIEW OF EVALUATION.—Not later than 180 days after 
the date on which an evaluation is submitted, the Secretary 
shall review the evaluation and notify the railroad carrier 
submitting the evaluation of the Secretary’s approval or dis-
approval of the evaluation. 
(l) SHARED FACILITIES.—The Secretary may permit under this 
section the development and implementation of coordinated vulner-
ability assessments and security plans to the extent that a railroad 
Deadlines. 
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121 STAT. 433 
PUBLIC LAW 110–53—AUG. 3, 2007 
carrier shares facilities with, or is colocated with, other transpor-
tation entities or providers that are required to develop vulnerability 
assessments and security plans under Federal law. 
(m) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with railroad carriers, nonprofit employee labor 
organizations representation railroad employees, and public safety 
and law enforcement officials. 
SEC. 1513. RAILROAD SECURITY ASSISTANCE. 
(a) SECURITY IMPROVEMENT GRANTS.—(1) The Secretary, in con-
sultation with the Administrator of the Transportation Security 
Administration and other appropriate agencies or officials, is 
authorized to make grants to railroad carriers, the Alaska Railroad, 
security-sensitive materials offerors who ship by railroad, owners 
of railroad cars used in the transportation of security-sensitive 
materials, State and local governments (for railroad passenger facili-
ties and infrastructure not owned by Amtrak), and Amtrak for 
intercity passenger railroad and freight railroad security improve-
ments described in subsection (b) as approved by the Secretary. 
(2) A railroad carrier is eligible for a grant under this section 
if the carrier has completed a vulnerability assessment and devel-
oped a security plan that the Secretary has approved in accordance 
with section 1512. 
(3) A recipient of a grant under this section may use grant 
funds only for permissible uses under subsection (b) to further 
a railroad security plan that meets the requirements of paragraph 
(2). 
(4) Notwithstanding the requirement for eligibility and uses 
of funds in paragraphs (2) and (3), a railroad carrier is eligible 
for a grant under this section if the applicant uses the funds 
solely for the development of assessments or security plans under 
section 1512. 
(5) Notwithstanding the requirements for eligibility and uses 
of funds in paragraphs (2) and (3), prior to the earlier of 1 year 
after the date of issuance of final regulations requiring vulnerability 
assessments and security plans under section 1512 or 3 years 
after the date of enactment of this Act, the Secretary may award 
grants under this section for rail security improvements listed under 
subsection (b) based upon railroad carrier vulnerability assessments 
and security plans that the Secretary determines are sufficient 
for the purposes of this section but have not been approved by 
the Secretary in accordance with section 1512. 
(b) USES OF FUNDS.—A recipient of a grant under this section 
shall use the grant funds for one or more of the following: 
(1) Security and redundancy for critical communications, 
computer, and train control systems essential for secure rail-
road operations. 
(2) Accommodation of railroad cargo or passenger security 
inspection facilities, related infrastructure, and operations at 
or near United States international borders or other ports 
of entry. 
(3) The security of security-sensitive materials transpor-
tation by railroad. 
(4) Chemical, biological, radiological, or explosive detection, 
including canine patrols for such detection. 
6 USC 1163. 
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121 STAT. 434 
PUBLIC LAW 110–53—AUG. 3, 2007 
(5) The security of intercity passenger railroad stations, 
trains, and infrastructure, including security capital improve-
ment projects that the Secretary determines enhance railroad 
station security. 
(6) Technologies to reduce the vulnerabilities of railroad 
cars, including structural modification of railroad cars trans-
porting security-sensitive materials to improve their resistance 
to acts of terrorism. 
(7) The sharing of intelligence and information about secu-
rity threats. 
(8) To obtain train tracking and communications equip-
ment, including equipment that is interoperable with Federal, 
State, and local agencies and tribal governments. 
(9) To hire, train, and employ police and security officers, 
including canine units, assigned to full-time security or 
counterterrorism duties related to railroad transportation. 
(10) Overtime reimbursement, including reimbursement of 
State, local, and tribal governments for costs, for enhanced 
security personnel assigned to duties related to railroad security 
during periods of high or severe threat levels and National 
Special Security Events or other periods of heightened security 
as determined by the Secretary. 
(11) Perimeter protection systems, including access control, 
installation of improved lighting, fencing, and barricades at 
railroad facilities. 
(12) Tunnel protection systems. 
(13) Passenger evacuation and evacuation-related capital 
improvements. 
(14) Railroad security inspection technologies, including 
verified visual inspection technologies using hand-held readers. 
(15) Surveillance equipment. 
(16) Cargo or passenger screening equipment. 
(17) Emergency response equipment, including fire suppres-
sion and decontamination equipment, personal protective equip-
ment, and defibrillators. 
(18) Operating and capital costs associated with security 
awareness, preparedness, and response training, including 
training under section 1517, and training developed by univer-
sities, institutions of higher education, and nonprofit employee 
labor organizations, for railroad employees, including frontline 
employees. 
(19) Live or simulated exercises, including exercises 
described in section 1516. 
(20) Public awareness campaigns for enhanced railroad 
security. 
(21) Development of assessments or security plans under 
section 1512. 
(22) Other security improvements— 
(A) identified, required, or recommended under sections 
1511 and 1512, including infrastructure, facilities, and 
equipment upgrades; or 
(B) that the Secretary considers appropriate. 
(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— 
In carrying out the responsibilities under subsection (a), the Sec-
retary shall— 
(1) determine the requirements for recipients of grants; 
(2) establish priorities for uses of funds for grant recipients; 
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121 STAT. 435 
PUBLIC LAW 110–53—AUG. 3, 2007 
(3) award the funds authorized by this section based on 
risk, as identified by the plans required under sections 1511 
and 1512, or assessment or plan described in subsection (a)(5); 
(4) take into account whether stations or facilities are 
used by commuter railroad passengers as well as intercity 
railroad passengers in reviewing grant applications; 
(5) encourage non-Federal financial participation in projects 
funded by grants; and 
(6) not later than 5 business days after awarding a grant 
to Amtrak under this section, transfer grant funds to the Sec-
retary of Transportation to be disbursed to Amtrak. 
(d) MULTIYEAR AWARDS.—Grant funds awarded under this sec-
tion may be awarded for projects that span multiple years. 
(e) LIMITATION ON USES OF FUNDS.—A grant made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law. 
(f) ANNUAL REPORTS.—Each recipient of a grant under this 
section shall report annually to the Secretary on the use of grant 
funds. 
(g) NON-FEDERAL MATCH STUDY.—Not later than 240 days 
after the date of enactment of this Act, the Secretary shall provide 
a report to the appropriate congressional committees on the feasi-
bility and appropriateness of requiring a non-Federal match for 
grants awarded to freight railroad carriers and other private entities 
under this section. 
(h) SUBJECT TO CERTAIN STANDARDS.—A recipient of a grant 
under this section and sections 1514 and 1515 shall be required 
to comply with the standards of section 24312 of title 49, United 
States Code, as in effect on January 1, 2007, with respect to 
the project in the same manner as Amtrak is required to comply 
with such standards for construction work financed under an agree-
ment made under section 24308(a) of that title. 
(i) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Out of funds appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended 
by section 1503 of this title, there shall be made available 
to the Secretary to carry out this section— 
(A) $300,000,000 for fiscal year 2008; 
(B) $300,000,000 for fiscal year 2009; 
(C) $300,000,000 for fiscal year 2010; and 
(D) $300,000,000 for fiscal year 2011. 
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 
out this section shall remain available until expended. 
SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES. 
(a) IN GENERAL.— 
(1) GRANTS.—Subject to subsection (b), the Secretary, in 
consultation with the Administrator of the Transportation Secu-
rity Administration, is authorized to make grants to Amtrak 
in accordance with the provisions of this section. 
(2) GENERAL PURPOSES.—The Secretary may make such 
grants for the purposes of— 
(A) protecting underwater and underground assets and 
systems; 
(B) protecting high-risk and high-consequence assets 
identified through systemwide risk assessments; 
(C) providing counterterrorism or security training; 
6 USC 1164. 
Deadline. 
Reports. 
Deadline. 
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121 STAT. 436 
PUBLIC LAW 110–53—AUG. 3, 2007 
(D) providing both visible and unpredictable deter-
rence; and 
(E) conducting emergency preparedness drills and exer-
cises. 
(3) SPECIFIC PROJECTS.—The Secretary shall make such 
grants— 
(A) to secure major tunnel access points and ensure 
tunnel integrity in New York, New Jersey, Maryland, and 
Washington, DC; 
(B) to secure Amtrak trains; 
(C) to secure Amtrak stations; 
(D) to obtain a watchlist identification system approved 
by the Secretary; 
(E) to obtain train tracking and interoperable commu-
nications systems that are coordinated with Federal, State, 
and local agencies and tribal governments to the maximum 
extent possible; 
(F) to hire, train, and employ police and security offi-
cers, including canine units, assigned to full-time security 
or counterterrorism duties related to railroad transpor-
tation; 
(G) for operating and capital costs associated with secu-
rity awareness, preparedness, and response training, 
including training under section 1517, and training devel-
oped by universities, institutions of higher education, and 
nonprofit employee labor organizations, for railroad 
employees, including frontline employees; and 
(H) for live or simulated exercises, including exercises 
described in section 1516. 
(b) CONDITIONS.—The Secretary shall award grants to Amtrak 
under this section for projects contained in a systemwide security 
plan approved by the Secretary developed pursuant to section 1512. 
Not later than 5 business days after awarding a grant to Amtrak 
under this section, the Secretary shall transfer the grant funds 
to the Secretary of Transportation to be disbursed to Amtrak. 
(c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Secretary shall 
ensure that, subject to meeting the highest security needs on 
Amtrak’s entire system and consistent with the risk assessment 
required under section 1511 and Amtrak’s vulnerability assessment 
and security plan developed under section 1512, stations and facili-
ties located outside of the Northeast Corridor receive an equitable 
share of the security funds authorized by this section. 
(d) AVAILABILITY OF FUNDS.— 
(1) IN GENERAL.—Out of funds appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended 
by section 1503 of this title, there shall be made available 
to the Secretary and the Administrator of the Transportation 
Security Administration to carry out this section— 
(A) $150,000,000 for fiscal year 2008; 
(B) $150,000,000 for fiscal year 2009; 
(C) $175,000,000 for fiscal year 2010; and 
(D) $175,000,000 for fiscal year 2011. 
(2) AVAILABILITY
OF
APPROPRIATED
FUNDS.—Amounts 
appropriated pursuant to paragraph (1) shall remain available 
until expended. 
Deadline. 
Grants. 
State listing. 
District of 
Columbia. 
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121 STAT. 437 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS. 
(a) LIFE-SAFETY NEEDS.—There are authorized to be appro-
priated to the Secretary of Transportation for making grants to 
Amtrak for the purpose of carrying out projects to make fire and 
life safety improvements to Amtrak tunnels on the Northeast Cor-
ridor the following amounts: 
(1) For the 6 New York and New Jersey tunnels to provide 
ventilation, electrical, and fire safety technology improvements, 
emergency communication and lighting systems, and emergency 
access and egress for passengers— 
(A) $25,000,000 for fiscal year 2008; 
(B) $30,000,000 for fiscal year 2009; 
(C) $45,000,000 for fiscal year 2010; and 
(D) $60,000,000 for fiscal year 2011. 
(2) For the Baltimore Potomac Tunnel and the Union 
Tunnel, together, to provide adequate drainage and ventilation, 
communication, lighting, standpipe, and passenger egress 
improvements— 
(A) $5,000,000 for fiscal year 2008; 
(B) $5,000,000 for fiscal year 2009; 
(C) $5,000,000 for fiscal year 2010; and 
(D) $5,000,000 for fiscal year 2011. 
(3) For the Union Station tunnels in the District of 
Columbia to improve ventilation, communication, lighting, and 
passenger egress improvements— 
(A) $5,000,000 for fiscal year 2008; 
(B) $5,000,000 for fiscal year 2009; 
(C) $5,000,000 for fiscal year 2010; and 
(D) $5,000,000 for fiscal year 2011. 
(b) INFRASTRUCTURE UPGRADES.—Out of funds appropriated 
pursuant to section 1503(b), there shall be made available to the 
Secretary of Transportation for fiscal year 2008, $3,000,000 for 
the preliminary design of options for a new tunnel on a different 
alignment to augment the capacity of the existing Baltimore tun-
nels. 
(c) AVAILABILITY OF AMOUNTS.—Amounts appropriated pursu-
ant to this section shall remain available until expended. 
(d) PLANS REQUIRED.—The Secretary of Transportation may 
not make amounts available to Amtrak for obligation or expenditure 
under subsection (a)— 
(1) until Amtrak has submitted to the Secretary of 
Transportation, and the Secretary of Transportation has 
approved, an engineering and financial plan for such projects; 
and 
(2) unless, for each project funded pursuant to this section, 
the Secretary of Transportation has approved a project manage-
ment plan prepared by Amtrak. 
(e) REVIEW OF PLANS.— 
(1) IN
GENERAL.—The Secretary of Transportation shall 
complete the review of a plan required under subsection (d) 
and approve or disapprove the plan within 45 days after the 
date on which each such plan is submitted by Amtrak. 
(2) INCOMPLETE OR DEFICIENT PLAN.—If the Secretary of 
Transportation determines that a plan is incomplete or defi-
cient, the Secretary of Transportation shall notify Amtrak of 
the incomplete items or deficiencies and Amtrak shall, within 
30 days after receiving the Secretary of Transportation’s 
Notification. 
Deadlines. 
Appropriation 
authorization. 
Grants. 
State listing. 
District of 
Columbia. 
6 USC 1165. 
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121 STAT. 438 
PUBLIC LAW 110–53—AUG. 3, 2007 
notification, submit a modified plan for the Secretary of 
Transportation’s review. 
(3) APPROVAL OF PLAN.—Within 15 days after receiving 
additional information on items previously included in the plan, 
and within 45 days after receiving items newly included in 
a modified plan, the Secretary of Transportation shall either 
approve the modified plan, or if the Secretary of Transportation 
finds the plan is still incomplete or deficient, the Secretary 
of Transportation shall— 
(A) identify in writing to the appropriate congressional 
committees the portions of the plan the Secretary finds 
incomplete or deficient; 
(B) approve all other portions of the plan; 
(C) obligate the funds associated with those portions; 
and 
(D) execute an agreement with Amtrak within 15 days 
thereafter on a process for resolving the remaining portions 
of the plan. 
(f) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL USERS.— 
The Secretary of Transportation, taking into account the need for 
the timely completion of all portions of the tunnel projects described 
in subsection (a), shall— 
(1) consider the extent to which railroad carriers other 
than Amtrak use or plan to use the tunnels; 
(2) consider the feasibility of seeking a financial contribu-
tion from those other railroad carriers toward the costs of 
the projects; and 
(3) obtain financial contributions or commitments from such 
other railroad carriers at levels reflecting the extent of their 
use or planned use of the tunnels, if feasible. 
SEC. 1516. RAILROAD CARRIER EXERCISES. 
(a) IN GENERAL.—The Secretary shall establish a program for 
conducting security exercises for railroad carriers for the purpose 
of assessing and improving the capabilities of entities described 
in subsection (b) to prevent, prepare for, mitigate, respond to, 
and recover from acts of terrorism. 
(b) COVERED ENTITIES.—Entities to be assessed under the pro-
gram shall include— 
(1) Federal, State, and local agencies and tribal govern-
ments; 
(2) railroad carriers; 
(3) 
governmental 
and 
nongovernmental 
emergency 
response providers, law enforcement agencies, and railroad and 
transit police, as appropriate; and 
(4) any other organization or entity that the Secretary 
determines appropriate. 
(c) REQUIREMENTS.—The Secretary shall ensure that the 
program— 
(1) consolidates existing security exercises for railroad car-
riers administered by the Department and the Department 
of Transportation, as jointly determined by the Secretary and 
the Secretary of Transportation, unless the Secretary waives 
this consolidation requirement as appropriate; 
(2) consists of exercises that are— 
6 USC 1166. 
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121 STAT. 439 
PUBLIC LAW 110–53—AUG. 3, 2007 
(A) scaled and tailored to the needs of the carrier, 
including addressing the needs of the elderly and individ-
uals with disabilities; 
(B) live, in the case of the most at-risk facilities to 
a terrorist attack; 
(C) coordinated with appropriate officials; 
(D) as realistic as practicable and based on current 
risk 
assessments, 
including 
credible 
threats, 
vulnerabilities, and consequences; 
(E) inclusive, as appropriate, of railroad frontline 
employees; and 
(F) consistent with the National Incident Management 
System, the National Response Plan, the National Infra-
structure Protection Plan, the National Preparedness Guid-
ance, the National Preparedness Goal, and other such 
national initiatives; 
(3) provides that exercises described in paragraph (2) will 
be— 
(A) evaluated by the Secretary against clear and con-
sistent performance measures; 
(B) assessed by the Secretary to identify best practices, 
which shall be shared, as appropriate, with railroad car-
riers, nonprofit employee organizations that represent rail-
road carrier employees, Federal, State, local, and tribal 
officials, governmental and nongovernmental emergency 
response providers, law enforcement personnel, including 
railroad carrier and transit police, and other stakeholders; 
and 
(C) used to develop recommendations, as appropriate, 
from the Secretary to railroad carriers on remedial action 
to be taken in response to lessons learned; 
(4) allows for proper advanced notification of communities 
and local governments in which exercises are held, as appro-
priate; and 
(5) assists State, local, and tribal governments and railroad 
carriers in designing, implementing, and evaluating additional 
exercises that conform to the requirements of paragraph (1). 
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure 
that the exercise program developed under subsection (c) is a compo-
nent of the National Exercise Program established under section 
648 of the Post Katrina Emergency Management Reform Act (Public 
Law 109–295; 6 U.S.C. 748). 
SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, the Secretary shall develop and issue regula-
tions for a training program to prepare railroad frontline employees 
for potential security threats and conditions. The regulations shall 
take into consideration any current security training requirements 
or best practices. 
(b) CONSULTATION.—The Secretary shall develop the regulations 
under subsection (a) in consultation with— 
(1) appropriate law enforcement, fire service, emergency 
response, security, and terrorism experts; 
(2) railroad carriers; 
(3) railroad shippers; and 
Deadline. 
Regulations. 
6 USC 1167. 
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121 STAT. 440 
PUBLIC LAW 110–53—AUG. 3, 2007 
(4) nonprofit employee labor organizations representing 
railroad employees or emergency response personnel. 
(c) PROGRAM ELEMENTS.—The regulations developed under sub-
section (a) shall require security training programs described in 
subsection (a) to include, at a minimum, elements to address the 
following, as applicable: 
(1) Determination of the seriousness of any occurrence or 
threat. 
(2) Crew and passenger communication and coordination. 
(3) Appropriate responses to defend or protect oneself. 
(4) Use of personal and other protective equipment. 
(5) Evacuation procedures for passengers and railroad 
employees, including individuals with disabilities and the 
elderly. 
(6) Psychology, behavior, and methods of terrorists, 
including observation and analysis. 
(7) Training related to psychological responses to terrorist 
incidents, including the ability to cope with hijacker behavior 
and passenger responses. 
(8) Live situational training exercises regarding various 
threat conditions, including tunnel evacuation procedures. 
(9) Recognition and reporting of dangerous substances, sus-
picious packages, and situations. 
(10) Understanding security incident procedures, including 
procedures for communicating with governmental and non-
governmental emergency response providers and for on-scene 
interaction with such emergency response providers. 
(11) Operation and maintenance of security equipment and 
systems. 
(12) Other security training activities that the Secretary 
considers appropriate. 
(d) REQUIRED PROGRAMS.— 
(1) DEVELOPMENT
AND
SUBMISSION
TO
SECRETARY.—Not 
later than 90 days after the Secretary issues regulations under 
subsection (a), each railroad carrier shall develop a security 
training program in accordance with this section and submit 
the program to the Secretary for approval. 
(2) APPROVAL OR DISAPPROVAL.—Not later than 60 days 
after receiving a security training program proposal under this 
subsection, the Secretary shall approve the program or require 
the railroad carrier that developed the program to make any 
revisions to the program that the Secretary considers necessary 
for the program to meet the requirements of this section. A 
railroad carrier shall respond to the Secretary’s comments 
within 30 days after receiving them. 
(3) TRAINING.—Not later than 1 year after the Secretary 
approves a security training program in accordance with this 
subsection, the railroad carrier that developed the program 
shall complete the training of all railroad frontline employees 
who were hired by a carrier more than 30 days preceding 
such date. For such employees employed less than 30 days 
by a carrier preceding such date, training shall be completed 
within the first 60 days of employment. 
(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.— 
The Secretary shall periodically review and update as appro-
priate the training regulations issued under subsection (a) to 
reflect new or changing security threats. Each railroad carrier 
Deadlines. 
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121 STAT. 441 
PUBLIC LAW 110–53—AUG. 3, 2007 
shall revise its training program accordingly and provide addi-
tional training as necessary to its frontline employees within 
a reasonable time after the regulations are updated. 
(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure 
that the training program developed under subsection (a) is a 
component of the National Training Program established under 
section 648 of the Post Katrina Emergency Management Reform 
Act (Public Law 109–295; 6 U.S.C. 748). 
(f) REPORTING REQUIREMENTS.—Not later than 2 years after 
the date of regulation issuance, the Secretary shall review 
implementation of the training program of a representative sample 
of railroad carriers and railroad frontline employees, and report 
to the appropriate congressional committees on the number of 
reviews conducted and the results of such reviews. The Secretary 
may submit the report in both classified and redacted formats 
as necessary. 
(g) OTHER EMPLOYEES.—The Secretary shall issue guidance 
and best practices for a railroad shipper employee security program 
containing the elements listed under subsection (c). 
SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT. 
(a) ESTABLISHMENT
OF RESEARCH
AND DEVELOPMENT PRO-
GRAM.—The Secretary, acting through the Under Secretary for 
Science and Technology and the Administrator of the Transportation 
Security Administration, shall carry out a research and development 
program for the purpose of improving the security of railroad 
transportation systems. 
(b) ELIGIBLE PROJECTS.—The research and development pro-
gram may include projects— 
(1) to reduce the vulnerability of passenger trains, stations, 
and equipment to explosives and hazardous chemical, biological, 
and radioactive substances, including the development of tech-
nology to screen passengers in large numbers at peak com-
muting times with minimal interference and disruption; 
(2) to test new emergency response and recovery techniques 
and technologies, including those used at international borders; 
(3) to develop improved railroad security technologies, 
including— 
(A) technologies for sealing or modifying railroad tank 
cars; 
(B) automatic inspection of railroad cars; 
(C) communication-based train control systems; 
(D) emergency response training, including training 
in a tunnel environment; 
(E) security and redundancy for critical communica-
tions, electrical power, computer, and train control systems; 
and 
(F) technologies for securing bridges and tunnels; 
(4) to test wayside detectors that can detect tampering; 
(5) to support enhanced security for the transportation 
of security-sensitive materials by railroad; 
(6) to mitigate damages in the event of a cyber attack; 
and 
(7) to address other vulnerabilities and risks identified 
by the Secretary. 
(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The 
Secretary— 
6 USC 1168. 
Guidance. 
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121 STAT. 442 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) shall ensure that the research and development program 
is consistent with the National Strategy for Railroad Transpor-
tation Security developed under section 1511 and any other 
transportation security research and development programs 
required by this Act; 
(2) shall, to the extent practicable, coordinate the research 
and development activities of the Department with other 
ongoing research and development security-related initiatives, 
including research being conducted by— 
(A) the Department of Transportation, including 
University Transportation Centers and other institutes, 
centers, and simulators funded by the Department of 
Transportation; 
(B) the National Academy of Sciences; 
(C) the Technical Support Working Group; 
(D) other Federal departments and agencies; and 
(E) other Federal and private research laboratories, 
research entities, and universities and institutions of 
higher education, including Historically Black Colleges and 
Universities, Hispanic Serving Institutions, or Indian Trib-
ally Controlled Colleges and Universities; 
(3) shall carry out any research and development project 
authorized by this section through a reimbursable agreement 
with an appropriate Federal agency, if the agency— 
(A) is currently sponsoring a research and development 
project in a similar area; or 
(B) has a unique facility or capability that would be 
useful in carrying out the project; 
(4) may award grants, or enter into cooperative agreements, 
contracts, other transactions, or reimbursable agreements to 
the entities described in paragraph (2) and the eligible grant 
recipients under section 1513; and 
(5) shall make reasonable efforts to enter into memoranda 
of understanding, contracts, grants, cooperative agreements, 
or other transactions with railroad carriers willing to contribute 
both physical space and other resources. 
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 
(1) CONSULTATION.—In carrying out research and develop-
ment projects under this section, the Secretary shall consult 
with the Chief Privacy Officer of the Department and the 
Officer for Civil Rights and Civil Liberties of the Department 
as appropriate and in accordance with section 222 of the Home-
land Security Act of 2002 (6 U.S.C. 142). 
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sec-
tions 222 and 705 of the Homeland Security Act of 2002 (6 
U.S.C. 142; 345), the Chief Privacy Officer shall conduct privacy 
impact assessments and the Officer for Civil Rights and Civil 
Liberties shall conduct reviews, as appropriate, for research 
and development initiatives developed under this section that 
the Secretary determines could have an impact on privacy, 
civil rights, or civil liberties. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Out of funds appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended 
by section 1503, there shall be made available to the Secretary 
to carry out this section— 
(A) $33,000,000 for fiscal year 2008; 
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121 STAT. 443 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) $33,000,000 for fiscal year 2009; 
(C) $33,000,000 for fiscal year 2010; and 
(D) $33,000,000 for fiscal year 2011. 
(2) PERIOD
OF
AVAILABILITY.—Such sums shall remain 
available until expended. 
SEC. 1519. RAILROAD TANK CAR SECURITY TESTING. 
(a) RAILROAD TANK CAR VULNERABILITY ASSESSMENT.— 
(1) ASSESSMENT.—The Secretary shall assess the likely 
methods of a deliberate terrorist attack against a railroad tank 
car used to transport toxic-inhalation-hazard materials, and 
for each method assessed, the degree to which it may be success-
ful in causing death, injury, or serious adverse effects to human 
health, the environment, critical infrastructure, national secu-
rity, the national economy, or public welfare. 
(2) THREATS.—In carrying out paragraph (1), the Secretary 
shall consider the most current threat information as to likely 
methods of a successful terrorist attack on a railroad tank 
car transporting toxic-inhalation-hazard materials, and may 
consider the following: 
(A) Explosive devices placed along the tracks or 
attached to a railroad tank car. 
(B) The use of missiles, grenades, rockets, mortars, 
or other high-caliber weapons against a railroad tank car. 
(3) PHYSICAL
TESTING.—In developing the assessment 
required under paragraph (1), the Secretary shall conduct phys-
ical testing of the vulnerability of railroad tank cars used 
to transport toxic-inhalation-hazard materials to different 
methods of a deliberate attack, using technical information 
and criteria to evaluate the structural integrity of railroad 
tank cars. 
(4) REPORT.—Not later than 30 days after the completion 
of the assessment under paragraph (1), the Secretary shall 
provide to the appropriate congressional committees a report, 
in the appropriate format, on such assessment. 
(b) RAILROAD TANK CAR DISPERSION MODELING.— 
(1) IN
GENERAL.—The Secretary, acting through the 
National Infrastructure Simulation and Analysis Center, shall 
conduct an air dispersion modeling analysis of release scenarios 
of toxic-inhalation-hazard materials resulting from a terrorist 
attack on a loaded railroad tank car carrying such materials 
in urban and rural environments. 
(2) CONSIDERATIONS.—The analysis under this subsection 
shall take into account the following considerations: 
(A) The most likely means of attack and the resulting 
dispersal rate. 
(B) Different times of day, to account for differences 
in cloud coverage and other atmospheric conditions in the 
environment being modeled. 
(C) Differences in population size and density. 
(D) Historically accurate wind speeds, temperatures, 
and wind directions. 
(E) Differences in dispersal rates or other relevant 
factors related to whether a railroad tank car is in motion 
or stationary. 
(F) Emergency response procedures by local officials. 
6 USC 1169. 
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121 STAT. 444 
PUBLIC LAW 110–53—AUG. 3, 2007 
(G) Any other considerations the Secretary believes 
would develop an accurate, plausible dispersion model for 
toxic-inhalation-hazard materials released from a railroad 
tank car as a result of a terrorist act. 
(3) CONSULTATION.—In conducting the dispersion modeling 
under paragraph (1), the Secretary shall consult with the Sec-
retary of Transportation, hazardous materials experts, railroad 
carriers, nonprofit employee labor organizations representing 
railroad employees, appropriate State, local, and tribal officials, 
and other Federal agencies, as appropriate. 
(4) INFORMATION SHARING.—Upon completion of the anal-
ysis required under paragraph (1), the Secretary shall share 
the information developed with the appropriate stakeholders, 
given appropriate information protection provisions as may be 
required by the Secretary. 
(5) REPORT.—Not later than 30 days after completion of 
all dispersion analyses under paragraph (1), the Secretary shall 
submit to the appropriate congressional committees a report 
detailing the Secretary’s conclusions and findings in an appro-
priate format. 
SEC. 1520. RAILROAD THREAT ASSESSMENTS. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary shall complete a name-based security background 
check against the consolidated terrorist watchlist and an immigra-
tion status check for all railroad frontline employees, similar to 
the threat assessment screening program required for facility 
employees and longshoremen by the Commandant of the Coast 
Guard under Coast Guard Notice USCG–2006–24189 (71 Fed. Reg. 
25066 (April 8, 2006)). 
SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS. 
Section 20109 of title 49, United States Code, is amended 
to read: 
‘‘SEC. 20109. EMPLOYEE PROTECTIONS. 
‘‘(a) IN GENERAL.—A railroad carrier engaged in interstate or 
foreign commerce, a contractor or a subcontractor of such a railroad 
carrier, or an officer or employee of such a railroad carrier, may 
not discharge, demote, suspend, reprimand, or in any other way 
discriminate against an employee if such discrimination is due, 
in whole or in part, to the employee’s lawful, good faith act done, 
or perceived by the employer to have been done or about to be 
done— 
‘‘(1) to provide information, directly cause information to 
be provided, or otherwise directly assist in any investigation 
regarding any conduct which the employee reasonably believes 
constitutes a violation of any Federal law, rule, or regulation 
relating to railroad safety or security, or gross fraud, waste, 
or abuse of Federal grants or other public funds intended 
to be used for railroad safety or security, if the information 
or assistance is provided to or an investigation stemming from 
the provided information is conducted by— 
‘‘(A) a Federal, State, or local regulatory or law enforce-
ment agency (including an office of the Inspector General 
under the Inspector General Act of 1978 (5 U.S.C. App.; 
Public Law 95–452); 
Deadline. 
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121 STAT. 445 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(B) any Member of Congress, any committee of Con-
gress, or the Government Accountability Office; or 
‘‘(C) a person with supervisory authority over the 
employee or such other person who has the authority to 
investigate, discover, or terminate the misconduct; 
‘‘(2) to refuse to violate or assist in the violation of any 
Federal law, rule, or regulation relating to railroad safety or 
security; 
‘‘(3) to file a complaint, or directly cause to be brought 
a proceeding related to the enforcement of this part or, as 
applicable to railroad safety or security, chapter 51 or 57 of 
this title, or to testify in that proceeding; 
‘‘(4) to notify, or attempt to notify, the railroad carrier 
or the Secretary of Transportation of a work-related personal 
injury or work-related illness of an employee; 
‘‘(5) to cooperate with a safety or security investigation 
by the Secretary of Transportation, the Secretary of Homeland 
Security, or the National Transportation Safety Board; 
‘‘(6) to furnish information to the Secretary of Transpor-
tation, the Secretary of Homeland Security, the National 
Transportation Safety Board, or any Federal, State, or local 
regulatory or law enforcement agency as to the facts relating 
to any accident or incident resulting in injury or death to 
an individual or damage to property occurring in connection 
with railroad transportation; or 
‘‘(7) to accurately report hours on duty pursuant to chapter 
211. 
‘‘(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A rail-
road carrier engaged in interstate or foreign commerce, or an officer 
or employee of such a railroad carrier, shall not discharge, demote, 
suspend, reprimand, or in any other way discriminate against an 
employee for— 
‘‘(A) reporting, in good faith, a hazardous safety or security 
condition; 
‘‘(B) refusing to work when confronted by a hazardous 
safety or security condition related to the performance of the 
employee’s duties, if the conditions described in paragraph (2) 
exist; or 
‘‘(C) refusing to authorize the use of any safety-related 
equipment, track, or structures, if the employee is responsible 
for the inspection or repair of the equipment, track, or struc-
tures, when the employee believes that the equipment, track, 
or structures are in a hazardous safety or security condition, 
if the conditions described in paragraph (2) exist. 
‘‘(2) A refusal is protected under paragraph (1)(B) and (C) 
if— 
‘‘(A) the refusal is made in good faith and no reasonable 
alternative to the refusal is available to the employee; 
‘‘(B) a reasonable individual in the circumstances then 
confronting the employee would conclude that— 
‘‘(i) the hazardous condition presents an imminent 
danger of death or serious injury; and 
‘‘(ii) the urgency of the situation does not allow suffi-
cient time to eliminate the danger without such refusal; 
and 
‘‘(C) the employee, where possible, has notified the railroad 
carrier of the existence of the hazardous condition and the 
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121 STAT. 446 
PUBLIC LAW 110–53—AUG. 3, 2007 
intention not to perform further work, or not to authorize 
the use of the hazardous equipment, track, or structures, unless 
the condition is corrected immediately or the equipment, track, 
or structures are repaired properly or replaced. 
‘‘(3) In this subsection, only paragraph (1)(A) shall apply to 
security personnel employed by a railroad carrier to protect individ-
uals and property transported by railroad. 
‘‘(c) ENFORCEMENT ACTION.— 
‘‘(1) IN GENERAL.—An employee who alleges discharge, dis-
cipline, or other discrimination in violation of subsection (a) 
or (b) of this section, may seek relief in accordance with the 
provisions of this section, with any petition or other request 
for relief under this section to be initiated by filing a complaint 
with the Secretary of Labor. 
‘‘(2) PROCEDURE.— 
‘‘(A) IN
GENERAL.—Any action under paragraph (1) 
shall be governed under the rules and procedures set forth 
in section 42121(b), including: 
‘‘(i) BURDENS OF PROOF.—Any action brought under 
(c)(1) shall be governed by the legal burdens of proof 
set forth in section 42121(b). 
‘‘(ii) STATUTE OF LIMITATIONS.—An action under 
paragraph (1) shall be commenced not later than 180 
days after the date on which the alleged violation 
of subsection (a) or (b) of this section occurs. 
‘‘(iii) CIVIL ACTIONS TO ENFORCE.—If a person fails 
to comply with an order issued by the Secretary of 
Labor pursuant to the procedures in section 42121(b), 
the Secretary of Labor may bring a civil action to 
enforce the order in the district court of the United 
States for the judicial district in which the violation 
occurred, as set forth in 42121. 
‘‘(B) EXCEPTION.—Notification made under section 
42121(b)(1) shall be made to the person named in the 
complaint and the person’s employer. 
‘‘(3) DE NOVO REVIEW.—With respect to a complaint under 
paragraph (1), if the Secretary of Labor has not issued a final 
decision within 210 days after the filing of the complaint and 
if the delay is not due to the bad faith of the employee, the 
employee may bring an original action at law or equity for 
de novo review in the appropriate district court of the United 
States, which shall have jurisdiction over such an action with-
out regard to the amount in controversy, and which action 
shall, at the request of either party to such action, be tried 
by the court with a jury. 
‘‘(4) APPEALS.—Any person adversely affected or aggrieved 
by an order issued pursuant to the procedures in section 
42121(b), may obtain review of the order in the United States 
court of appeals for the circuit in which the violation, with 
respect to which the order was issued, allegedly occurred or 
the circuit in which the complainant resided on the date of 
such violation. The petition for review must be filed not later 
than 60 days after the date of the issuance of the final order 
of the Secretary of Labor. The review shall conform to chapter 
7 of title 5. The commencement of proceedings under this 
paragraph shall not, unless ordered by the court, operate as 
a stay of the order. 
Deadline. 
Applicability. 
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121 STAT. 447 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(d) REMEDIES.— 
‘‘(1) IN GENERAL.—An employee prevailing in any action 
under subsection (c) shall be entitled to all relief necessary 
to make the employee whole. 
‘‘(2) DAMAGES.—Relief in an action under subsection (c) 
(including an action described in subsection (c)(3)) shall 
include— 
‘‘(A) reinstatement with the same seniority status that 
the employee would have had, but for the discrimination; 
‘‘(B) any backpay, with interest; and 
‘‘(C) compensatory damages, including compensation 
for any special damages sustained as a result of the 
discrimination, including litigation costs, expert witness 
fees, and reasonable attorney fees. 
‘‘(3) POSSIBLE
RELIEF.—Relief in any action under sub-
section (c) may include punitive damages in an amount not 
to exceed $250,000. 
‘‘(e) ELECTION OF REMEDIES.—An employee may not seek protec-
tion under both this section and another provision of law for the 
same allegedly unlawful act of the railroad carrier. 
‘‘(f) NO PREEMPTION.—Nothing in this section preempts or 
diminishes any other safeguards against discrimination, demotion, 
discharge, suspension, threats, harassment, reprimand, retaliation, 
or any other manner of discrimination provided by Federal or 
State law. 
‘‘(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies 
of any employee under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or 
condition of employment. 
‘‘(h) DISCLOSURE OF IDENTITY.— 
‘‘(1) Except as provided in paragraph (2) of this subsection, 
or with the written consent of the employee, the Secretary 
of Transportation or the Secretary of Homeland Security may 
not disclose the name of an employee of a railroad carrier 
who has provided information about an alleged violation of 
this part or, as applicable to railroad safety or security, chapter 
51 or 57 of this title, or a regulation prescribed or order issued 
under any of those provisions. 
‘‘(2) The Secretary of Transportation or the Secretary of 
Homeland Security shall disclose to the Attorney General the 
name of an employee described in paragraph (1) if the matter 
is referred to the Attorney General for enforcement. The Sec-
retary making such disclosures shall provide reasonable 
advance notice to the affected employee if disclosure of that 
person’s identity or identifying information is to occur. 
‘‘(i) PROCESS
FOR REPORTING SECURITY PROBLEMS
TO
THE 
DEPARTMENT OF HOMELAND SECURITY.— 
‘‘(1) ESTABLISHMENT OF PROCESS.—The Secretary of Home-
land Security shall establish through regulations, after an 
opportunity for notice and comment, a process by which any 
person may report to the Secretary of Homeland Security 
regarding 
railroad 
security 
problems, 
deficiencies, 
or 
vulnerabilities. 
‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 
under paragraph (1) identifies the person making the report, 
Regulations. 
Notice. 
Notification. 
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121 STAT. 448 
PUBLIC LAW 110–53—AUG. 3, 2007 
the Secretary of Homeland Security shall respond promptly 
to such person and acknowledge receipt of the report. 
‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Home-
land Security shall review and consider the information pro-
vided in any report submitted under paragraph (1) and shall 
take appropriate steps to address any problems or deficiencies 
identified.’’. 
SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVID-
UALS. 
(a) DEFINITIONS.—In this section, the following definitions 
apply: 
(1) SECURITY
BACKGROUND
CHECK.—The term ‘‘security 
background check’’ means reviewing, for the purpose of identi-
fying individuals who may pose a threat to transportation secu-
rity or national security, or of terrorism— 
(A) relevant criminal history databases; 
(B) in the case of an alien (as defined in the Immigra-
tion and Nationality Act (8 U.S.C. 1101(a)(3)), the relevant 
databases to determine the status of the alien under the 
immigration laws of the United States; and 
(C) other relevant information or databases, as deter-
mined by the Secretary. 
(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’ 
means an employee of a railroad carrier or a contractor or 
subcontractor of a railroad carrier. 
(b) GUIDANCE.— 
(1) Any guidance, recommendations, suggested action 
items, or any other widely disseminated voluntary action items 
issued by the Secretary to a railroad carrier or a contractor 
or subcontractor of a railroad carrier relating to performing 
a security background check of a covered individual shall con-
tain recommendations on the appropriate scope and application 
of such a security background check, including the time period 
covered, the types of disqualifying offenses, and a redress 
process for adversely impacted covered individuals consistent 
with subsections (c) and (d) of this section. 
(2) Within 60 days after the date of enactment of this 
Act, any guidance, recommendations, suggested action items, 
or any other widely disseminated voluntary action item issued 
by the Secretary prior to the date of enactment of this Act 
to a railroad carrier or a contractor or subcontractor of a rail-
road carrier relating to performing a security background check 
of a covered individual shall be updated in compliance with 
paragraph (1). 
(3) If a railroad carrier or a contractor or subcontractor 
of a railroad carrier performs a security background check 
on a covered individual to fulfill guidance issued by the Sec-
retary under paragraph (1) or (2), the Secretary shall not con-
sider such guidance fulfilled unless an adequate redress process 
as described in subsection (d) is provided to covered individuals. 
(c) REQUIREMENTS.—If the Secretary issues a rule, regulation, 
or directive requiring a railroad carrier or contractor or subcon-
tractor of a railroad carrier to perform a security background check 
of a covered individual, then the Secretary shall prohibit the rail-
road carrier or contractor or subcontractor of a railroad carrier 
from making an adverse employment decision, including removal 
6 USC 1170. 
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121 STAT. 449 
PUBLIC LAW 110–53—AUG. 3, 2007 
or suspension of the covered individual, due to such rule, regulation, 
or directive with respect to a covered individual unless the railroad 
carrier or contractor or subcontractor of a railroad carrier deter-
mines that the covered individual— 
(1) has been convicted of, has been found not guilty by 
reason of insanity, or is under want, warrant, or indictment 
for a permanent disqualifying criminal offense listed in part 
1572 of title 49, Code of Federal Regulations; 
(2) was convicted of or found not guilty by reason of insanity 
of an interim disqualifying criminal offense listed in part 1572 
of title 49, Code of Federal Regulations, within 7 years of 
the date that the railroad carrier or contractor or subcontractor 
of a railroad carrier performs the security background check; 
or 
(3) was incarcerated for an interim disqualifying criminal 
offense listed in part 1572 of title 49, Code of Federal Regula-
tions, and released from incarceration within 5 years of the 
date that the railroad carrier or contractor or subcontractor 
of a railroad carrier performs the security background check. 
(d) REDRESS PROCESS.—If the Secretary issues a rule, regula-
tion, or directive requiring a railroad carrier or contractor or subcon-
tractor of a railroad carrier to perform a security background check 
of a covered individual, the Secretary shall— 
(1) provide an adequate redress process for a covered indi-
vidual subjected to an adverse employment decision, including 
removal or suspension of the employee, due to such rule, regula-
tion, or directive that is consistent with the appeals and waiver 
process established for applicants for commercial motor vehicle 
hazardous 
materials 
endorsements 
and 
transportation 
employees at ports, as required by section 70105(c) of title 
46, United States Code; and 
(2) have the authority to order an appropriate remedy, 
including reinstatement of the covered individual, should the 
Secretary determine that a railroad carrier or contractor or 
subcontractor of a railroad carrier wrongfully made an adverse 
employment decision regarding a covered individual pursuant 
to such rule, regulation, or directive. 
(e) FALSE STATEMENTS.—A railroad carrier or a contractor or 
subcontractor of a railroad carrier may not knowingly misrepresent 
to an employee or other relevant person, including an arbiter 
involved in a labor arbitration, the scope, application, or meaning 
of any rules, regulations, directives, or guidance issued by the 
Secretary related to security background check requirements for 
covered individuals when conducting a security background check. 
Not later than 1 year after the date of enactment of this Act, 
the Secretary shall issue a regulation that prohibits a railroad 
carrier or a contractor or subcontractor of a railroad carrier from 
knowingly misrepresenting to an employee or other relevant person, 
including an arbiter involved in a labor arbitration, the scope, 
application, or meaning of any rules, regulations, directives, or 
guidance issued by the Secretary related to security background 
check requirements for covered individuals when conducting a secu-
rity background check. 
(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall 
be construed to abridge a railroad carrier’s or a contractor or 
subcontractor of a railroad carrier’s rights or responsibilities to 
make adverse employment decisions permitted by other Federal, 
Deadline. 
Regulations. 
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121 STAT. 450 
PUBLIC LAW 110–53—AUG. 3, 2007 
State, or local laws. Nothing in the section shall be construed 
to abridge rights and responsibilities of covered individuals, a rail-
road carrier, or a contractor or subcontractor of a railroad carrier, 
under any other Federal, State, or local laws or under any collective 
bargaining agreement. 
(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in 
this section shall be construed to preempt a Federal, State, or 
local law that requires criminal history background checks, 
immigration status checks, or other background checks, of covered 
individuals. 
(h) STATUTORY CONSTRUCTION.—Nothing in this section shall 
be construed to affect the process for review established under 
section 70105(c) of title 46, United States Code, including regula-
tions issued pursuant to such section. 
SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary, in consultation with the Adminis-
trator of the Transportation Security Administration, the Secretary 
of Transportation, heads of other appropriate Federal departments 
and agencies and Amtrak shall transmit a report to the appropriate 
congressional committees that contains— 
(1) a description of the current system for screening pas-
sengers and baggage on passenger railroad service between 
the United States and Canada; 
(2) an assessment of the current program to provide 
preclearance of airline passengers between the United States 
and Canada as outlined in ‘‘The Agreement on Air Transport 
Preclearance between the Government of Canada and the 
Government of the United States of America’’, dated January 
18, 2001; 
(3) an assessment of the current program to provide 
preclearance of freight railroad traffic between the United 
States and Canada as outlined in the ‘‘Declaration of Principle 
for the Improved Security of Rail Shipments by Canadian 
National Railway and Canadian Pacific Railway from Canada 
to the United States’’, dated April 2, 2003; 
(4) information on progress by the Department of Homeland 
Security and other Federal agencies towards finalizing a 
bilateral protocol with Canada that would provide for 
preclearance of passengers on trains operating between the 
United States and Canada; 
(5) a description of legislative, regulatory, budgetary, or 
policy barriers within the United States Government to pro-
viding prescreened passenger lists for railroad passengers trav-
eling between the United States and Canada to the Depart-
ment; 
(6) a description of the position of the Government of 
Canada and relevant Canadian agencies with respect to 
preclearance of such passengers; 
(7) a draft of any changes in existing Federal law necessary 
to provide for prescreening of such passengers and providing 
prescreened passenger lists to the Department; and 
(8) an analysis of the feasibility of reinstating in-transit 
inspections onboard international Amtrak trains. 
(b) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 
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121 STAT. 451 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) CONSULTATION.—In preparing the report under this 
section, the Secretary shall consult with the Chief Privacy 
Officer of the Department and the Officer for Civil Rights 
and Civil Liberties of the Department as appropriate and in 
accordance with section 222 of the Homeland Security Act 
of 2002. 
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sec-
tions 222 and 705 of the Homeland Security Act of 2002, 
the report must contain a privacy impact assessment conducted 
by the Chief Privacy Officer and a review conducted by the 
Officer for Civil Rights and Civil Liberties. 
SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM. 
(a) IN GENERAL.— 
(1) The Secretary shall develop a system to detect both 
undeclared passengers and contraband, with a primary focus 
on the detection of nuclear and radiological materials entering 
the United States by railroad. 
(2) SYSTEM
REQUIREMENTS.—In developing the system 
under paragraph (1), the Secretary may, in consultation with 
the Domestic Nuclear Detection Office, Customs and Border 
Protection, and the Transportation Security Administration— 
(A) deploy radiation detection equipment and nonintru-
sive imaging equipment at locations where railroad ship-
ments cross an international border to enter the United 
States; 
(B) consider the integration of radiation detection tech-
nologies with other nonintrusive inspection technologies 
where feasible; 
(C) ensure appropriate training, operations, and 
response protocols are established for Federal, State, and 
local personnel; 
(D) implement alternative procedures to check railroad 
shipments at locations where the deployment of nonintru-
sive inspection imaging equipment is determined to not 
be practicable; 
(E) ensure, to the extent practicable, that such tech-
nologies deployed can detect terrorists or weapons, 
including weapons of mass destruction; and 
(F) take other actions, as appropriate, to develop the 
system. 
(b) ADDITIONAL INFORMATION.—The Secretary shall— 
(1) identify and seek the submission of additional data 
elements for improved high-risk targeting related to the move-
ment of cargo through the international supply chain utilizing 
a railroad prior to importation into the United States; 
(2) utilize data collected and maintained by the Secretary 
of Transportation in the targeting of high-risk cargo identified 
under paragraph (1); and 
(3) analyze the data provided in this subsection to identify 
high-risk cargo for inspection. 
(c) REPORT TO CONGRESS.—Not later than September 30, 2008, 
the Secretary shall transmit to the appropriate congressional 
committees a report that describes the progress of the system 
being developed under subsection (a). 
(d) DEFINITIONS.—In this section: 
6 USC 1171. 
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121 STAT. 452 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘international 
supply chain’’ means the end-to-end process for shipping goods 
to or from the United States, beginning at the point of origin 
(including manufacturer, supplier, or vendor) through a point 
of distribution to the destination. 
(2) RADIATION DETECTION EQUIPMENT.—The term ‘‘radiation 
detection equipment’’ means any technology that is capable 
of detecting or identifying nuclear and radiological material 
or nuclear and radiological explosive devices. 
(3) INSPECTION.—The term ‘‘inspection’’ means the com-
prehensive process used by Customs and Border Protection 
to assess goods entering the United States to appraise them 
for duty purposes, to detect the presence of restricted or prohib-
ited items, and to ensure compliance with all applicable laws. 
SEC. 1525. TRANSMISSION LINE REPORT. 
(a) STUDY.—The Comptroller General shall undertake an 
assessment of the placement of high-voltage, direct-current, electric 
transmission lines along active railroad and other transportation 
rights-of-way. In conducting the assessment, the Comptroller Gen-
eral shall evaluate any economic, safety, and security risks and 
benefits to inhabitants living adjacent to such rights-of-way and 
to consumers of electric power transmitted by such transmission 
lines. 
(b) REPORT.—Not later than 6 months after the date of enact-
ment of this Act, the Comptroller General shall transmit the results 
of the assessment in subsection (a) to the appropriate congressional 
committees. 
SEC. 1526. RAILROAD SECURITY ENHANCEMENTS. 
(a) RAILROAD POLICE OFFICERS.—Section 28101 of title 49, 
United States Code, is amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Under’’; and 
(2) by adding at the end the following: 
‘‘(b) ASSIGNMENT.—A railroad police officer employed by a rail-
road carrier and certified or commissioned as a police officer under 
the laws of a State may be temporarily assigned to assist a second 
railroad carrier in carrying out law enforcement duties upon the 
request of the second railroad carrier, at which time the police 
officer shall be considered to be an employee of the second railroad 
carrier and shall have authority to enforce the laws of any jurisdic-
tion in which the second railroad carrier owns property to the 
same extent as provided in subsection (a).’’. 
(b) MODEL STATE LEGISLATION.—Not later than November 2, 
2007, the Secretary of Transportation shall develop and make avail-
able to States model legislation to address the problem of entities 
that claim to be railroad carriers in order to establish and run 
a police force when the entities do not in fact provide railroad 
transportation. In developing the model State legislation the Sec-
retary shall solicit the input of the States, railroads carriers, and 
railroad carrier employees. The Secretary shall review and, if nec-
essary, revise such model State legislation periodically. 
SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CER-
TAIN AMTRAK CONTRACTS. 
Section 24301 of title 49, United States Code, is amended 
by adding at the end the following: 
Deadline. 
6 USC 1172. 
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121 STAT. 453 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(o) APPLICABILITY OF DISTRICT OF COLUMBIA LAW.—Any lease 
or contract entered into between Amtrak and the State of Maryland, 
or any department or agency of the State of Maryland, after the 
date of the enactment of this subsection shall be governed by 
the laws of the District of Columbia.’’. 
SEC. 1528. RAILROAD PREEMPTION CLARIFICATION. 
Section 20106 of title 49, United States Code, is amended 
to read as follows: 
‘‘§ 20106. Preemption 
‘‘(a) NATIONAL UNIFORMITY OF REGULATION.—(1) Laws, regula-
tions, and orders related to railroad safety and laws, regulations, 
and orders related to railroad security shall be nationally uniform 
to the extent practicable. 
‘‘(2) A State may adopt or continue in force a law, regulation, 
or order related to railroad safety or security until the Secretary 
of Transportation (with respect to railroad safety matters), or the 
Secretary of Homeland Security (with respect to railroad security 
matters), prescribes a regulation or issues an order covering the 
subject matter of the State requirement. A State may adopt or 
continue in force an additional or more stringent law, regulation, 
or order related to railroad safety or security when the law, regula-
tion, or order— 
‘‘(A) is necessary to eliminate or reduce an essentially local 
safety or security hazard; 
‘‘(B) is not incompatible with a law, regulation, or order 
of the United States Government; and 
‘‘(C) does not unreasonably burden interstate commerce. 
‘‘(b) CLARIFICATION
REGARDING
STATE
LAW
CAUSES
OF 
ACTION.—(1) Nothing in this section shall be construed to preempt 
an action under State law seeking damages for personal injury, 
death, or property damage alleging that a party— 
‘‘(A) has failed to comply with the Federal standard of 
care established by a regulation or order issued by the Secretary 
of Transportation (with respect to railroad safety matters), 
or the Secretary of Homeland Security (with respect to railroad 
security matters), covering the subject matter as provided in 
subsection (a) of this section; 
‘‘(B) has failed to comply with its own plan, rule, or 
standard that it created pursuant to a regulation or order 
issued by either of the Secretaries; or 
‘‘(C) has failed to comply with a State law, regulation, 
or order that is not incompatible with subsection (a)(2). 
‘‘(2) This subsection shall apply to all pending State law causes 
of action arising from events or activities occurring on or after 
January 18, 2002. 
‘‘(c) JURISDICTION.—Nothing in this section creates a Federal 
cause of action on behalf of an injured party or confers Federal 
question jurisdiction for such State law causes of action.’’. 
Applicability. 
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121 STAT. 454 
PUBLIC LAW 110–53—AUG. 3, 2007 
Subtitle C—Over-the-Road Bus and 
Trucking Security 
SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS. 
(a) IN GENERAL.—Not later than 18 months after the date 
of enactment of this Act, the Secretary shall issue regulations 
that— 
(1) require each over-the-road bus operator assigned to 
a high-risk tier under this section— 
(A) to conduct a vulnerability assessment in accordance 
with subsections (c) and (d); and 
(B) to prepare, submit to the Secretary for approval, 
and implement a security plan in accordance with sub-
section (e); and 
(2) establish standards and guidelines for developing and 
implementing the vulnerability assessments and security plans 
for carriers assigned to high-risk tiers consistent with this 
section. 
(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish 
a security program for over-the-road bus operators not assigned 
to a high-risk tier, including— 
(1) guidance for such operators in conducting vulnerability 
assessments and preparing and implementing security plans, 
as determined appropriate by the Secretary; and 
(2) a process to review and approve such assessments and 
plans, as appropriate. 
(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after 
the date of issuance of the regulations under subsection (a), the 
vulnerability assessments and security plans required by such regu-
lations for over-the-road bus operators assigned to a high-risk tier 
shall be completed and submitted to the Secretary for review and 
approval. 
(d) VULNERABILITY ASSESSMENTS.— 
(1) REQUIREMENTS.—The Secretary shall provide technical 
assistance and guidance to over-the-road bus operators in con-
ducting vulnerability assessments under this section and shall 
require that each vulnerability assessment of an operator 
assigned to a high-risk tier under this section includes, as 
appropriate— 
(A) identification and evaluation of critical assets and 
infrastructure, including platforms, stations, terminals, and 
information systems; 
(B) identification of the vulnerabilities to those assets 
and infrastructure; and 
(C) identification of weaknesses in— 
(i) physical security; 
(ii) passenger and cargo security; 
(iii) the security of programmable electronic 
devices, computers, or other automated systems which 
are used in providing over-the-road bus transportation; 
(iv) alarms, cameras, and other protection systems; 
(v) communications systems and utilities needed 
for over-the-road bus security purposes, including dis-
patching systems; 
(vi) emergency response planning; 
(vii) employee training; and 
Deadline. 
Regulations. 
6 USC 1181. 
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121 STAT. 455 
PUBLIC LAW 110–53—AUG. 3, 2007 
(viii) such other matters as the Secretary deter-
mines appropriate. 
(2) THREAT INFORMATION.—The Secretary shall provide in 
a timely manner to the appropriate employees of an over- 
the-road bus operator, as designated by the over-the-road bus 
operator, threat information that is relevant to the operator 
when preparing and submitting a vulnerability assessment and 
security plan, including an assessment of the most likely 
methods that could be used by terrorists to exploit weaknesses 
in over-the-road bus security. 
(e) SECURITY PLANS.— 
(1) REQUIREMENTS.—The Secretary shall provide technical 
assistance and guidance to over-the-road bus operators in pre-
paring and implementing security plans under this section 
and shall require that each security plan of an over-the-road 
bus operator assigned to a high-risk tier under this section 
includes, as appropriate— 
(A) the identification of a security coordinator having 
authority— 
(i) to implement security actions under the plan; 
(ii) to coordinate security improvements; and 
(iii) to receive communications from appropriate 
Federal officials regarding over-the-road bus security; 
(B) a list of needed capital and operational improve-
ments; 
(C) procedures to be implemented or used by the over- 
the-road bus operator in response to a terrorist attack, 
including evacuation and passenger communication plans 
that include individuals with disabilities, as appropriate; 
(D) the identification of steps taken with State and 
local law enforcement agencies, emergency responders, and 
Federal officials to coordinate security measures and plans 
for response to a terrorist attack; 
(E) a strategy and timeline for conducting training 
under section 1534; 
(F) enhanced security measures to be taken by the 
over-the-road bus operator when the Secretary declares 
a period of heightened security risk; 
(G) plans for providing redundant and backup systems 
required to ensure the continued operation of critical ele-
ments of the over-the-road bus operator’s system in the 
event of a terrorist attack or other incident; and 
(H) such other actions or procedures as the Secretary 
determines are appropriate to address the security of over- 
the-road bus operators. 
(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary 
shall require that the individual serving as the security coordi-
nator identified in paragraph (1)(A) is a citizen of the United 
States. The Secretary may waive this requirement with respect 
to an individual if the Secretary determines that it is appro-
priate to do so based on a background check of the individual 
and a review of the consolidated terrorist watchlist. 
(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months 
after receiving the assessments and plans required under this sec-
tion, the Secretary shall— 
(1) review each vulnerability assessment and security plan 
submitted to the Secretary in accordance with subsection (c); 
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121 STAT. 456 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) require amendments to any security plan that does 
not meet the requirements of this section; and 
(3) approve any vulnerability assessment or security plan 
that meets the requirements of this section. 
(g) INTERIM SECURITY MEASURES.—The Secretary may require 
over-the-road bus operators, during the period before the deadline 
established under subsection (c), to submit a security plan to imple-
ment any necessary interim security measures essential to providing 
adequate security of the over-the-road bus operator’s system. An 
interim plan required under this subsection shall be superseded 
by a plan required under subsection (c). 
(h) TIER ASSIGNMENT.—The Secretary shall assign each over- 
the-road bus operator to a risk-based tier established by the Sec-
retary: 
(1) PROVISION
OF
INFORMATION.—The Secretary may 
request, and an over-the-road bus operator shall provide, 
information necessary for the Secretary to assign an over-the- 
road bus operator to the appropriate tier under this subsection. 
(2) NOTIFICATION.—Not later than 60 days after the date 
an over-the-road bus operator is assigned to a tier under this 
section, the Secretary shall notify the operator of the tier to 
which it is assigned and the reasons for such assignment. 
(3) HIGH-RISK TIERS.—At least one of the tiers established 
by the Secretary under this section shall be a tier designated 
for high-risk over-the-road bus operators. 
(4) REASSIGNMENT.—The Secretary may reassign an over- 
the-road bus operator to another tier, as appropriate, in 
response to changes in risk and the Secretary shall notify 
the over-the-road bus operator within 60 days after such 
reassignment and provide the operator with the reasons for 
such reassignment. 
(i) EXISTING PROCEDURES, PROTOCOLS, AND STANDARDS.— 
(1) DETERMINATION.—In response to a petition by an over- 
the-road bus operator or at the discretion of the Secretary, 
the Secretary may determine that existing procedures, proto-
cols, and standards meet all or part of the requirements of 
this section regarding vulnerability assessments and security 
plans. 
(2) ELECTION.—Upon review and written determination by 
the Secretary that existing procedures, protocols, or standards 
of an over-the-road bus operator satisfy the requirements of 
this section, the over-the-road bus operator may elect to comply 
with those procedures, protocols, or standards instead of the 
requirements of this section. 
(3) PARTIAL APPROVAL.—If the Secretary determines that 
the existing procedures, protocols, or standards of an over- 
the-road bus operator satisfy only part of the requirements 
of this section, the Secretary may accept such submission, 
but shall require submission by the operator of any additional 
information relevant to the vulnerability assessment and secu-
rity plan of the operator to ensure that the remaining require-
ments of this section are fulfilled. 
(4) NOTIFICATION.—If the Secretary determines that par-
ticular existing procedures, protocols, or standards of an over- 
the-road bus operator under this subsection do not satisfy the 
requirements of this section, the Secretary shall provide to 
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121 STAT. 457 
PUBLIC LAW 110–53—AUG. 3, 2007 
the operator a written notification that includes an explanation 
of the reasons for nonacceptance. 
(5) REVIEW.—Nothing in this subsection shall relieve the 
Secretary of the obligation— 
(A) to review the vulnerability assessment and security 
plan submitted by an over-the-road bus operator under 
this section; and 
(B) to approve or disapprove each submission on an 
individual basis. 
(j) PERIODIC EVALUATION BY OVER-THE-ROAD BUS PROVIDER 
REQUIRED.— 
(1) SUBMISSION OF EVALUATION.—Not later than 3 years 
after the date on which a vulnerability assessment or security 
plan required to be submitted to the Secretary under subsection 
(c) is approved, and at least once every 5 years thereafter 
(or on such a schedule as the Secretary may establish by 
regulation), an over-the-road bus operator who submitted a 
vulnerability assessment and security plan and who is still 
assigned to the high-risk tier shall also submit to the Secretary 
an evaluation of the adequacy of the vulnerability assessment 
and security plan that includes a description of any material 
changes made to the vulnerability assessment or security plan. 
(2) REVIEW OF EVALUATION.—Not later than 180 days after 
the date on which an evaluation is submitted, the Secretary 
shall review the evaluation and notify the over-the-road bus 
operator submitting the evaluation of the Secretary’s approval 
or disapproval of the evaluation. 
(k) SHARED FACILITIES.—The Secretary may permit under this 
section the development and implementation of coordinated vulner-
ability assessments and security plans to the extent that an over- 
the-road bus operator shares facilities with, or is colocated with, 
other transportation entities or providers that are required to 
develop vulnerability assessments and security plans under Federal 
law. 
(l) NONDISCLOSURE OF INFORMATION.— 
(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing 
in this section shall be construed as authorizing the withholding 
of any information from Congress. 
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMA-
TION.—Nothing in this section shall be construed as affecting 
any authority or obligation of a Federal agency to disclose 
any record or information that the Federal agency obtains 
from an over-the-road bus operator under any other Federal 
law. 
SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE. 
(a) IN GENERAL.—The Secretary shall establish a program for 
making grants to eligible private operators providing transportation 
by an over-the-road bus for security improvements described in 
subsection (b). 
(b) USES OF FUNDS.—A recipient of a grant received under 
subsection (a) shall use the grant funds for one or more of the 
following: 
(1) Constructing and modifying terminals, garages, and 
facilities, including terminals and other over-the-road bus facili-
ties owned by State or local governments, to increase their 
security. 
6 USC 1182. 
Deadlines. 
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121 STAT. 458 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) Modifying over-the-road buses to increase their security. 
(3) Protecting or isolating the driver of an over-the-road 
bus. 
(4) Acquiring, upgrading, installing, or operating equip-
ment, software, or accessorial services for collection, storage, 
or exchange of passenger and driver information through 
ticketing systems or other means and for information links 
with government agencies, for security purposes. 
(5) Installing cameras and video surveillance equipment 
on over-the-road buses and at terminals, garages, and over- 
the-road bus facilities. 
(6) Establishing and improving an emergency communica-
tions system linking drivers and over-the-road buses to the 
recipient’s operations center or linking the operations center 
to law enforcement and emergency personnel. 
(7) Implementing and operating passenger screening pro-
grams for weapons and explosives. 
(8) Public awareness campaigns for enhanced over-the-road 
bus security. 
(9) Operating and capital costs associated with over-the- 
road bus security awareness, preparedness, and response 
training, including training under section 1534 and training 
developed by institutions of higher education and by nonprofit 
employee labor organizations, for over-the-road bus employees, 
including frontline employees. 
(10) Chemical, biological, radiological, or explosive detec-
tion, including canine patrols for such detection. 
(11) Overtime reimbursement, including reimbursement of 
State, local, and tribal governments for costs, for enhanced 
security personnel assigned to duties related to over-the-road 
bus security during periods of high or severe threat levels, 
National Special Security Events, or other periods of heightened 
security as determined by the Secretary. 
(12) Live or simulated exercises, including those described 
in section 1533. 
(13) Operational costs to hire, train, and employ police 
and security officers, including canine units, assigned to full- 
time security or counterterrorism duties related to over-the- 
road bus transportation, including reimbursement of State, 
local, and tribal government costs for such personnel. 
(14) Development of assessments or security plans under 
section 1531. 
(15) Such other improvements as the Secretary considers 
appropriate. 
(c) DUE CONSIDERATION.—In making grants under this section, 
the Secretary shall prioritize grant funding based on security risks 
to bus passengers and the ability of a project to reduce, or enhance 
response to, that risk, and shall not penalize private operators 
of over-the-road buses that have taken measures to enhance over- 
the-road bus transportation security prior to September 11, 2001. 
(d) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.— 
In carrying out the responsibilities under subsection (a), the Sec-
retary shall— 
(1) determine the requirements for recipients of grants 
under this section, including application requirements; 
(2) select grant recipients; 
Grants. 
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121 STAT. 459 
PUBLIC LAW 110–53—AUG. 3, 2007 
(3) award the funds authorized by this section based on 
risk, as identified by the plans required under section 1531 
or assessment or plan described in subsection (f)(2); and 
(4) pursuant to subsection (c), establish priorities for the 
use of funds for grant recipients. 
(e) DISTRIBUTION OF GRANTS.—Not later than 90 days after 
the date of enactment of this Act, the Secretary and the Secretary 
of Transportation shall determine the most effective and efficient 
way to distribute grant funds to the recipients of grants determined 
by the Secretary under subsection (a). Subject to the determination 
made by the Secretaries, the Secretary may transfer funds to the 
Secretary of Transportation for the purposes of disbursing funds 
to the grant recipient. 
(f) ELIGIBILITY.— 
(1) A private operator providing transportation by an over- 
the-road bus is eligible for a grant under this section if the 
operator has completed a vulnerability assessment and devel-
oped a security plan that the Secretary has approved under 
section 1531. Grant funds may only be used for permissible 
uses under subsection (b) to further an over-the-road bus secu-
rity plan. 
(2) Notwithstanding the requirements for eligibility and 
uses in paragraph (1), prior to the earlier of 1 year after 
the date of issuance of final regulations requiring vulnerability 
assessments and security plans under section 1531 or 3 years 
after the date of enactment of this Act, the Secretary may 
award grants under this section for over-the-road bus security 
improvements listed under subsection (b) based upon over- 
the-road bus vulnerability assessments and security plans that 
the Secretary deems are sufficient for the purposes of this 
section but have not been approved by the Secretary in accord-
ance with section 1531. 
(g) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as 
otherwise specifically provided in this section, a grant made under 
this section shall be subject to the terms and conditions applicable 
to subrecipients who provide over-the-road bus transportation under 
section 5311(f) of title 49, United States Code, and such other 
terms and conditions as are determined necessary by the Secretary. 
(h) LIMITATION ON USES OF FUNDS.—A grant made under this 
section may not be used to make any State or local government 
cost-sharing contribution under any other Federal law. 
(i) ANNUAL REPORTS.—Each recipient of a grant under this 
section shall report annually to the Secretary and on the use 
of such grant funds. 
(j) CONSULTATION.—In carrying out this section, the Secretary 
shall consult with over-the-road bus operators and nonprofit 
employee labor organizations representing over-the-road bus 
employees, public safety and law enforcement officials. 
(k) AUTHORIZATION.— 
(1) IN GENERAL.—From the amounts appropriated pursuant 
to section 114(w) of title 49, United States Code, as amended 
by section 1503 of this Act, there shall be made available 
to the Secretary to make grants under this section— 
(A) $12,000,000 for fiscal year 2008; 
(B) $25,000,000 for fiscal year 2009; 
(C) $25,000,000 for fiscal year 2010; and 
(D) $25,000,000 for fiscal year 2011. 
Deadline. 
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121 STAT. 460 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry 
out this section shall remain available until expended. 
SEC. 1533. OVER-THE-ROAD BUS EXERCISES. 
(a) IN GENERAL.—The Secretary shall establish a program for 
conducting security exercises for over-the-road bus transportation 
for the purpose of assessing and improving the capabilities of enti-
ties described in subsection (b) to prevent, prepare for, mitigate, 
respond to, and recover from acts of terrorism. 
(b) COVERED ENTITIES.—Entities to be assessed under the pro-
gram shall include— 
(1) Federal, State, and local agencies and tribal govern-
ments; 
(2) over-the-road bus operators and over-the-road bus ter-
minal owners and operators; 
(3) 
governmental 
and 
nongovernmental 
emergency 
response providers and law enforcement agencies; and 
(4) any other organization or entity that the Secretary 
determines appropriate. 
(c) REQUIREMENTS.—The Secretary shall ensure that the 
program— 
(1) consolidates existing security exercises for over-the-road 
bus operators and terminals administered by the Department 
and the Department of Transportation, as jointly determined 
by the Secretary and the Secretary of Transportation, unless 
the Secretary waives this consolidation requirement, as appro-
priate; 
(2) consists of exercises that are— 
(A) scaled and tailored to the needs of the over-the- 
road bus operators and terminals, including addressing 
the needs of the elderly and individuals with disabilities; 
(B) live, in the case of the most at-risk facilities to 
a terrorist attack; 
(C) coordinated with appropriate officials; 
(D) as realistic as practicable and based on current 
risk 
assessments, 
including 
credible 
threats, 
vulnerabilities, and consequences; 
(E) inclusive, as appropriate, of over-the-road bus front-
line employees; and 
(F) consistent with the National Incident Management 
System, the National Response Plan, the National Infra-
structure Protection Plan, the National Preparedness Guid-
ance, the National Preparedness Goal, and other such 
national initiatives; 
(3) provides that exercises described in paragraph (2) will 
be— 
(A) evaluated by the Secretary against clear and con-
sistent performance measures; 
(B) assessed by the Secretary to identify best practices, 
which shall be shared, as appropriate, with operators pro-
viding over-the-road bus transportation, nonprofit employee 
organizations that represent over-the-road bus employees, 
Federal, State, local, and tribal officials, governmental and 
nongovernmental emergency response providers, and law 
enforcement personnel; and 
(C) used to develop recommendations, as appropriate, 
provided to over-the-road bus operators and terminal 
6 USC 1183. 
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121 STAT. 461 
PUBLIC LAW 110–53—AUG. 3, 2007 
owners and operators on remedial action to be taken in 
response to lessons learned; 
(4) allows for proper advanced notification of communities 
and local governments in which exercises are held, as appro-
priate; and 
(5) assists State, local, and tribal governments and over- 
the-road bus operators and terminal owners and operators in 
designing, implementing, and evaluating additional exercises 
that conform to the requirements of paragraph (2). 
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure 
that the exercise program developed under subsection (c) is con-
sistent with the National Exercise Program established under sec-
tion 648 of the Post Katrina Emergency Management Reform Act 
(Public Law 109–295; 6 U.S.C. 748). 
SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM. 
(a) IN GENERAL.—Not later than 6 months after the date of 
enactment of this Act, the Secretary shall develop and issue regula-
tions for an over-the-road bus training program to prepare over- 
the-road bus frontline employees for potential security threats and 
conditions. The regulations shall take into consideration any current 
security training requirements or best practices. 
(b) CONSULTATION.—The Secretary shall develop regulations 
under subsection (a) in consultation with— 
(1) appropriate law enforcement, fire service, emergency 
response, security, and terrorism experts; 
(2) operators providing over-the-road bus transportation; 
and 
(3) nonprofit employee labor organizations representing 
over-the-road bus employees and emergency response per-
sonnel. 
(c) PROGRAM ELEMENTS.—The regulations developed under sub-
section (a) shall require security training programs, to include, 
at a minimum, elements to address the following, as applicable: 
(1) Determination of the seriousness of any occurrence or 
threat. 
(2) Driver and passenger communication and coordination. 
(3) Appropriate responses to defend or protect oneself. 
(4) Use of personal and other protective equipment. 
(5) Evacuation procedures for passengers and over-the-road 
bus employees, including individuals with disabilities and the 
elderly. 
(6) Psychology, behavior, and methods of terrorists, 
including observation and analysis. 
(7) Training related to psychological responses to terrorist 
incidents, including the ability to cope with hijacker behavior 
and passenger responses. 
(8) Live situational training exercises regarding various 
threat conditions, including tunnel evacuation procedures. 
(9) Recognition and reporting of dangerous substances, sus-
picious packages, and situations. 
(10) Understanding security incident procedures, including 
procedures for communicating with emergency response pro-
viders and for on-scene interaction with such emergency 
response providers. 
(11) Operation and maintenance of security equipment and 
systems. 
Deadline. 
Regulations. 
6 USC 1184. 
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121 STAT. 462 
PUBLIC LAW 110–53—AUG. 3, 2007 
(12) Other security training activities that the Secretary 
considers appropriate. 
(d) REQUIRED PROGRAMS.— 
(1) DEVELOPMENT
AND
SUBMISSION
TO
SECRETARY.—Not 
later than 90 days after the Secretary issues the regulations 
under subsection (a), each over-the-road bus operator shall 
develop a security training program in accordance with such 
regulations and submit the program to the Secretary for 
approval. 
(2) APPROVAL.—Not later than 60 days after receiving a 
security training program under this subsection, the Secretary 
shall approve the program or require the over-the-road bus 
operator that developed the program to make any revisions 
to the program that the Secretary considers necessary for the 
program to meet the requirements of the regulations. An over- 
the-road bus operator shall respond to the Secretary’s comments 
not later than 30 days after receiving them. 
(3) TRAINING.—Not later than 1 year after the Secretary 
approves a security training program in accordance with this 
subsection, the over-the-road bus operator that developed the 
program shall complete the training of all over-the-road bus 
frontline employees who were hired by the operator more than 
30 days preceding such date. For such employees employed 
less than 30 days by an operator preceding such date, training 
shall be completed within the first 60 days of employment. 
(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.— 
The Secretary shall periodically review and update, as appro-
priate, the training regulations issued under subsection (a) 
to reflect new or changing security threats. Each over-the- 
road bus operator shall revise its training program accordingly 
and provide additional training as necessary to its employees 
within a reasonable time after the regulations are updated. 
(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure 
that the training program developed under subsection (a) is a 
component of the National Training Program established under 
section 648 of the Post Katrina Emergency Management Reform 
Act (Public Law 109–295; 6 U.S.C. 748). 
(f) REPORTING REQUIREMENTS.—Not later than 2 years after 
the date of regulation issuance, the Secretary shall review 
implementation of the training program of a representative sample 
of over-the-road bus operators and over-the-road bus frontline 
employees, and report to the appropriate congressional committees 
of such reviews. The Secretary may submit the report in both 
classified and redacted formats as necessary. 
SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOP-
MENT. 
(a) ESTABLISHMENT
OF RESEARCH
AND DEVELOPMENT PRO-
GRAM.—The Secretary, acting through the Under Secretary for 
Science and Technology and the Administrator of the Transportation 
Security Administration, shall carry out a research and development 
program for the purpose of improving the security of over-the- 
road buses. 
(b) ELIGIBLE PROJECTS.—The research and development pro-
gram may include projects— 
(1) to reduce the vulnerability of over-the-road buses, sta-
tions, terminals, and equipment to explosives and hazardous 
6 USC 1185. 
Deadlines. 
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121 STAT. 463 
PUBLIC LAW 110–53—AUG. 3, 2007 
chemical, biological, and radioactive substances, including the 
development of technology to screen passengers in large num-
bers with minimal interference and disruption; 
(2) to test new emergency response and recovery techniques 
and technologies, including those used at international borders; 
(3) to develop improved technologies, including those for— 
(A) emergency response training, including training 
in a tunnel environment, if appropriate; and 
(B) security and redundancy for critical communica-
tions, electrical power, computer, and over-the-road bus 
control systems; and 
(4) to address other vulnerabilities and risks identified 
by the Secretary. 
(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The 
Secretary— 
(1) shall ensure that the research and development program 
is consistent with the other transportation security research 
and development programs required by this Act; 
(2) shall, to the extent practicable, coordinate the research 
and development activities of the Department with other 
ongoing research and development security-related initiatives, 
including research being conducted by— 
(A) the Department of Transportation, including 
University Transportation Centers and other institutes, 
centers, and simulators funded by the Department of 
Transportation; 
(B) the National Academy of Sciences; 
(C) the Technical Support Working Group; 
(D) other Federal departments and agencies; and 
(E) other Federal and private research laboratories, 
research entities, and institutions of higher education, 
including Historically Black Colleges and Universities, His-
panic Serving Institutions, and Indian Tribally Controlled 
Colleges and Universities; 
(3) shall carry out any research and development project 
authorized by this section through a reimbursable agreement 
with an appropriate Federal agency, if the agency— 
(A) is currently sponsoring a research and development 
project in a similar area; or 
(B) has a unique facility or capability that would be 
useful in carrying out the project; 
(4) may award grants and enter into cooperative agree-
ments, contracts, other transactions, or reimbursable agree-
ments to the entities described in paragraph (2) and eligible 
recipients under section 1532; and 
(5) shall make reasonable efforts to enter into memoranda 
of understanding, contracts, grants, cooperative agreements, 
or other transactions with private operators providing over- 
the-road bus transportation willing to contribute assets, phys-
ical space, and other resources. 
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.— 
(1) CONSULTATION.—In carrying out research and develop-
ment projects under this section, the Secretary shall consult 
with the Chief Privacy Officer of the Department and the 
Officer for Civil Rights and Civil Liberties of the Department 
as appropriate and in accordance with section 222 of the Home-
land Security Act of 2002. 
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121 STAT. 464 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sec-
tions 222 and 705 of the Homeland Security Act of 2002, 
the Chief Privacy Officer shall conduct privacy impact assess-
ments and the Officer for Civil Rights and Civil Liberties shall 
conduct reviews, as appropriate, for research and development 
initiatives developed under this section that the Secretary 
determines could have an impact on privacy, civil rights, or 
civil liberties. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—From the amounts appropriated pursuant 
to section 114(w) of title 49, United States Code, as amended 
by section 1503 of this Act, there shall be made available 
to the Secretary to carry out this section— 
(A) $2,000,000 for fiscal year 2008; 
(B) $2,000,000 for fiscal year 2009; 
(C) $2,000,000 for fiscal year 2010; and 
(D) $2,000,000 for fiscal year 2011. 
(2) PERIOD
OF
AVAILABILITY.—Such sums shall remain 
available until expended. 
SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS. 
Section 31105 of title 49, United States Code, is amended 
to read: 
‘‘(a) PROHIBITIONS.—(1) A person may not discharge an 
employee, or discipline or discriminate against an employee 
regarding pay, terms, or privileges of employment, because— 
‘‘(A)(i) the employee, or another person at the employee’s 
request, has filed a complaint or begun a proceeding related 
to a violation of a commercial motor vehicle safety or security 
regulation, standard, or order, or has testified or will testify 
in such a proceeding; or 
‘‘(ii) the person perceives that the employee has filed or 
is about to file a complaint or has begun or is about to begin 
a proceeding related to a violation of a commercial motor vehicle 
safety or security regulation, standard, or order; 
‘‘(B) the employee refuses to operate a vehicle because— 
‘‘(i) the operation violates a regulation, standard, or 
order of the United States related to commercial motor 
vehicle safety, health, or security; or 
‘‘(ii) the employee has a reasonable apprehension of 
serious injury to the employee or the public because of 
the vehicle’s hazardous safety or security condition; 
‘‘(C) the employee accurately reports hours on duty pursu-
ant to chapter 315; 
‘‘(D) the employee cooperates, or the person perceives that 
the employee is about to cooperate, with a safety or security 
investigation by the Secretary of Transportation, the Secretary 
of Homeland Security, or the National Transportation Safety 
Board; or 
‘‘(E) the employee furnishes, or the person perceives that 
the employee is or is about to furnish, information to the 
Secretary of Transportation, the Secretary of Homeland Secu-
rity, the National Transportation Safety Board, or any Federal, 
State, or local regulatory or law enforcement agency as to 
the facts relating to any accident or incident resulting in injury 
or death to an individual or damage to property occurring 
in connection with commercial motor vehicle transportation. 
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121 STAT. 465 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s 
apprehension of serious injury is reasonable only if a reasonable 
individual in the circumstances then confronting the employee 
would conclude that the hazardous safety or security condition 
establishes a real danger of accident, injury, or serious impairment 
to health. To qualify for protection, the employee must have sought 
from the employer, and been unable to obtain, correction of the 
hazardous safety or security condition. 
‘‘(b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee 
alleging discharge, discipline, or discrimination in violation of sub-
section (a) of this section, or another person at the employee’s 
request, may file a complaint with the Secretary of Labor not 
later than 180 days after the alleged violation occurred. All com-
plaints initiated under this section shall be governed by the legal 
burdens of proof set forth in section 42121(b). On receiving the 
complaint, the Secretary of Labor shall notify, in writing, the person 
alleged to have committed the violation of the filing of the complaint. 
‘‘(2)(A) Not later than 60 days after receiving a complaint, 
the Secretary of Labor shall conduct an investigation, decide 
whether it is reasonable to believe the complaint has merit, and 
notify, in writing, the complainant and the person alleged to have 
committed the violation of the findings. If the Secretary of Labor 
decides it is reasonable to believe a violation occurred, the Secretary 
of Labor shall include with the decision findings and a preliminary 
order for the relief provided under paragraph (3) of this subsection. 
‘‘(B) Not later than 30 days after the notice under subparagraph 
(A) of this paragraph, the complainant and the person alleged 
to have committed the violation may file objections to the findings 
or preliminary order, or both, and request a hearing on the record. 
The filing of objections does not stay a reinstatement ordered in 
the preliminary order. If a hearing is not requested within the 
30 days, the preliminary order is final and not subject to judicial 
review. 
‘‘(C) A hearing shall be conducted expeditiously. Not later than 
120 days after the end of the hearing, the Secretary of Labor 
shall issue a final order. Before the final order is issued, the 
proceeding may be ended by a settlement agreement made by 
the Secretary of Labor, the complainant, and the person alleged 
to have committed the violation. 
‘‘(3)(A) If the Secretary of Labor decides, on the basis of a 
complaint, a person violated subsection (a) of this section, the 
Secretary of Labor shall order the person to— 
‘‘(i) take affirmative action to abate the violation; 
‘‘(ii) reinstate the complainant to the former position 
with the same pay and terms and privileges of employment; 
and 
‘‘(iii) pay compensatory damages, including backpay 
with interest and compensation for any special damages 
sustained as a result of the discrimination, including litiga-
tion costs, expert witness fees, and reasonable attorney 
fees. 
‘‘(B) If the Secretary of Labor issues an order under subpara-
graph (A) of this paragraph and the complainant requests, the 
Secretary of Labor may assess against the person against whom 
the order is issued the costs (including attorney fees) reasonably 
Investigation. 
Notification. 
Notification. 
Deadlines. 
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121 STAT. 466 
PUBLIC LAW 110–53—AUG. 3, 2007 
incurred by the complainant in bringing the complaint. The Sec-
retary of Labor shall determine the costs that reasonably were 
incurred. 
‘‘(C) Relief in any action under subsection (b) may include 
punitive damages in an amount not to exceed $250,000. 
‘‘(c) DE NOVO REVIEW.—With respect to a complaint under 
paragraph (1), if the Secretary of Labor has not issued a final 
decision within 210 days after the filing of the complaint and 
if the delay is not due to the bad faith of the employee, the 
employee may bring an original action at law or equity for de 
novo review in the appropriate district court of the United States, 
which shall have jurisdiction over such an action without regard 
to the amount in controversy, and which action shall, at the request 
of either party to such action, be tried by the court with a jury. 
‘‘(d) JUDICIAL REVIEW AND VENUE.—A person adversely affected 
by an order issued after a hearing under subsection (b) of this 
section may file a petition for review, not later than 60 days 
after the order is issued, in the court of appeals of the United 
States for the circuit in which the violation occurred or the person 
resided on the date of the violation. Review shall conform to chapter 
7 of title 5. The review shall be heard and decided expeditiously. 
An order of the Secretary of Labor subject to review under this 
subsection is not subject to judicial review in a criminal or other 
civil proceeding. 
‘‘(e) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply 
with an order issued under subsection (b) of this section, the Sec-
retary of Labor shall bring a civil action to enforce the order 
in the district court of the United States for the judicial district 
in which the violation occurred. 
‘‘(f) NO PREEMPTION.—Nothing in this section preempts or 
diminishes any other safeguards against discrimination, demotion, 
discharge, suspension, threats, harassment, reprimand, retaliation, 
or any other manner of discrimination provided by Federal or 
State law. 
‘‘(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section 
shall be deemed to diminish the rights, privileges, or remedies 
of any employee under any Federal or State law or under any 
collective bargaining agreement. The rights and remedies in this 
section may not be waived by any agreement, policy, form, or 
condition of employment. 
‘‘(h) DISCLOSURE OF IDENTITY.— 
‘‘(1) Except as provided in paragraph (2) of this subsection, 
or with the written consent of the employee, the Secretary 
of Transportation or the Secretary of Homeland Security may 
not disclose the name of an employee who has provided informa-
tion about an alleged violation of this part, or a regulation 
prescribed or order issued under any of those provisions. 
‘‘(2) The Secretary of Transportation or the Secretary of 
Homeland Security shall disclose to the Attorney General the 
name of an employee described in paragraph (1) of this sub-
section if the matter is referred to the Attorney General for 
enforcement. The Secretary making such disclosure shall pro-
vide reasonable advance notice to the affected employee if 
disclosure of that person’s identity or identifying information 
is to occur. 
‘‘(i) PROCESS
FOR REPORTING SECURITY PROBLEMS
TO
THE 
DEPARTMENT OF HOMELAND SECURITY.— 
Deadline. 
Deadline. 
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121 STAT. 467 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(1) ESTABLISHMENT OF PROCESS.—The Secretary of Home-
land Security shall establish through regulations, after an 
opportunity for notice and comment, a process by which any 
person may report to the Secretary of Homeland Security 
regarding motor carrier vehicle security problems, deficiencies, 
or vulnerabilities. 
‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted 
under paragraph (1) identifies the person making the report, 
the Secretary of Homeland Security shall respond promptly 
to such person and acknowledge receipt of the report. 
‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Home-
land Security shall review and consider the information pro-
vided in any report submitted under paragraph (1) and shall 
take appropriate steps to address any problems or deficiencies 
identified. 
‘‘(j) DEFINITION.—In this section, ‘employee’ means a driver 
of a commercial motor vehicle (including an independent contractor 
when personally operating a commercial motor vehicle), a mechanic, 
a freight handler, or an individual not an employer, who— 
‘‘(1) directly affects commercial motor vehicle safety or secu-
rity in the course of employment by a commercial motor carrier; 
and 
‘‘(2) is not an employee of the United States Government, 
a State, or a political subdivision of a State acting in the 
course of employment.’’. 
SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT. 
(a) REENACTMENT OF SSRS.—Section 14504 of title 49, United 
States Code, as that section was in effect on December 31, 2006, 
shall be in effect as a law of the United States for the period 
beginning on January 1, 2007, ending on the earlier of January 
1, 2008, or the effective date of the final regulations issued pursuant 
to subsection (b). 
(b) DEADLINE FOR FINAL REGULATIONS.—Not later than October 
1, 2007, the Federal Motor Carrier Safety Administration shall 
issue final regulations to establish the Unified Carrier Registration 
System, as required by section 13908 of title 49, United States 
Code, and set fees for the unified carrier registration agreement 
for calendar year 2007 or subsequent calendar years to be charged 
to motor carriers, motor private carriers, and freight forwarders 
under such agreement, as required by 14504a of title 49, United 
States Code. 
(c) REPEAL OF SSRS.—Section 4305(a) of the Safe, Accountable, 
Flexible Efficient Transportation Equity Act: A Legacy for Users 
(119 Stat. 1764) is amended by striking ‘‘the first January’’ and 
all that follows through ‘‘this Act’’ and inserting ‘‘January 1, 2008’’. 
SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY. 
(a) SCHOOL BUS SECURITY RISK ASSESSMENT.—Not later than 
1 year after the date of enactment of this Act, the Secretary shall 
transmit to the appropriate congressional committees a report, 
including a classified report, as appropriate, containing a com-
prehensive assessment of the risk of a terrorist attack on the 
Nation’s school bus transportation system in accordance with the 
requirements of this section. 
(b) CONTENTS
OF RISK ASSESSMENT.—The assessment shall 
include— 
Reports. 
Deadline. 
Classified 
information. 
49 USC 14504 
note. 
49 USC 13908 
note. 
Effective date. 
Termination 
date. 
49 USC 14504 
note. 
Regulations. 
Notice. 
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121 STAT. 468 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) an assessment of security risks to the Nation’s school 
bus transportation system, including publicly and privately 
operated systems; 
(2) an assessment of actions already taken by operators 
or others to address identified security risks; and 
(3) an assessment of whether additional actions and invest-
ments are necessary to improve the security of passengers 
traveling on school buses and a list of such actions or invest-
ments, if appropriate. 
(c) CONSULTATION.—In conducting the risk assessment, the Sec-
retary shall consult with administrators and officials of school sys-
tems, representatives of the school bus industry, including both 
publicly and privately operated systems, public safety and law 
enforcement officials, and nonprofit employee labor organizations 
representing school bus drivers. 
SEC. 1539. TECHNICAL AMENDMENT. 
Section 1992(d)(7) of title 18, United States Code, is amended 
by inserting ‘‘intercity bus transportation’’ after ‘‘includes’’. 
SEC. 1540. TRUCK SECURITY ASSESSMENT. 
(a) DEFINITION.—For the purposes of this section, the term 
‘‘truck’’ means any self-propelled or towed motor vehicle used on 
a highway in interstate commerce to transport property when the 
vehicle— 
(1) has a gross vehicle weight rating or gross combination 
weight rating, or gross vehicle weight or gross combination 
weight, of 4,536 kg (10,001 pounds) or more, whichever is 
greater; or 
(2) is used in transporting material found by the Secretary 
of Transportation to be hazardous under section 5103 of title 
49, United States Code, and transported in a quantity requiring 
placarding under regulations prescribed by the Secretary under 
subtitle B, chapter I, subchapter C of title 49, Code of Federal 
Regulations. 
(b) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary, in coordination with the Secretary 
of Transportation, shall transmit a report to the appropriate 
congressional committees on truck security issues that includes— 
(1) a security risk assessment of the trucking industry; 
(2) an assessment of actions already taken by both public 
and private entities to address identified security risks; 
(3) an assessment of the economic impact that security 
upgrades of trucks, truck equipment, or truck facilities may 
have on the trucking industry and its employees, including 
independent owner-operators; 
(4) an assessment of ongoing research by public and private 
entities and the need for additional research on truck security; 
(5) an assessment of industry best practices to enhance 
security; and 
(6) an assessment of the current status of secure truck 
parking. 
(c) FORMAT.—The Secretary may submit the report in both 
classified and redacted formats if the Secretary determines that 
such action is appropriate or necessary. 
Deadline. 
Reports. 
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121 STAT. 469 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX. 
Not later than 1 year after the date of enactment of this 
Act, the Secretary of Transportation and the Secretary shall execute 
and develop an annex to the Memorandum of Understanding 
between the two departments signed on September 28, 2004, gov-
erning the specific roles, delineations of responsibilities, resources, 
and commitments of the Department of Transportation and the 
Department of Homeland Security, respectively, in addressing motor 
carrier transportation security matters, including over-the-road bus 
security matters, and shall cover the processes the Departments 
will follow to promote communications, efficiency, and nonduplica-
tion of effort. 
SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECU-
RITY GRANT PROGRAM. 
(a) INITIAL REPORT.—Not later than 90 days after the date 
of enactment of this Act, the Inspector General of the Department 
of Homeland Security shall submit a report to the appropriate 
congressional committees on the Federal trucking industry security 
grant program, for fiscal years 2004 and 2005 that— 
(1) addresses the grant announcement, application, receipt, 
review, award, monitoring, and closeout processes; and 
(2) states the amount obligated or expended under the 
program for fiscal years 2004 and 2005 for— 
(A) infrastructure protection; 
(B) training; 
(C) equipment; 
(D) educational materials; 
(E) program administration; 
(F) marketing; and 
(G) other functions. 
(b) SUBSEQUENT REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Inspector General of the Department 
of Homeland Security shall submit a report to the appropriate 
congressional committees that— 
(1) analyzes the performance, efficiency, and effectiveness 
of the Federal trucking industry security grant program, and 
the need for the program using all years of available data; 
and 
(2) makes recommendations regarding the future of the 
program, including options to improve the effectiveness and 
utility of the program and motor carrier security. 
Subtitle D—Hazardous Material and 
Pipeline Security 
SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS. 
(a) IN GENERAL.—Not later than 9 months after the date of 
enactment of this Act, the Secretary of Transportation, in consulta-
tion with the Secretary, shall publish a final rule based on the 
Pipeline and Hazardous Materials Safety Administration’s Notice 
of Proposed Rulemaking published on December 21, 2006, entitled 
‘‘Hazardous Materials: Enhancing Railroad Transportation Safety 
and Security for Hazardous Materials Shipments’’. The final rule 
Deadline. 
Regulations. 
6 USC 1201. 
Deadline. 
6 USC 1186. 
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121 STAT. 470 
PUBLIC LAW 110–53—AUG. 3, 2007 
shall incorporate the requirements of this section and, as appro-
priate, public comments received during the comment period of 
the rulemaking. 
(b) SECURITY-SENSITIVE MATERIALS COMMODITY DATA.—The 
Secretary of Transportation shall ensure that the final rule requires 
each railroad carrier transporting security-sensitive materials in 
commerce to, no later than 90 days after the end of each calendar 
year, compile security-sensitive materials commodity data. Such 
data must be collected by route, line segment, or series of line 
segments, as aggregated by the railroad carrier. Within the railroad 
carrier selected route, the commodity data must identify the 
geographic location of the route and the total number of shipments 
by the United Nations identification number for the security-sen-
sitive materials. 
(c) RAILROAD TRANSPORTATION ROUTE ANALYSIS FOR SECURITY- 
SENSITIVE
MATERIALS.—The Secretary of Transportation shall 
ensure that the final rule requires each railroad carrier transporting 
security-sensitive materials in commerce to, for each calendar year, 
provide a written analysis of the safety and security risks for 
the transportation routes identified in the security-sensitive mate-
rials commodity data collected as required by subsection (b). The 
safety and security risks present shall be analyzed for the route, 
railroad facilities, railroad storage facilities, and high-consequence 
targets along or in proximity to the route. 
(d) ALTERNATIVE ROUTE ANALYSIS
FOR SECURITY-SENSITIVE 
MATERIALS.—The Secretary of Transportation shall ensure that the 
final rule requires each railroad carrier transporting security-sen-
sitive materials in commerce to— 
(1) for each calendar year— 
(A) identify practicable alternative routes over which 
the railroad carrier has authority to operate as compared 
to the current route for such a shipment analyzed under 
subsection (c); and 
(B) perform a safety and security risk assessment of 
the alternative route for comparison to the route analysis 
specified in subsection (c); 
(2) ensure that the analysis under paragraph (1) includes— 
(A) identification of safety and security risks for an 
alternative route; 
(B) comparison of those risks identified under subpara-
graph (A) to the primary railroad transportation route, 
including the risk of a catastrophic release from a shipment 
traveling along the alternate route compared to the primary 
route; 
(C) any remediation or mitigation measures imple-
mented on the primary or alternative route; and 
(D) potential economic effects of using an alternative 
route; and 
(3) consider when determining the practicable alternative 
routes under paragraph (1)(A) the use of interchange agree-
ments with other railroad carriers. 
(e) ALTERNATIVE ROUTE SELECTION FOR SECURITY-SENSITIVE 
MATERIALS.—The Secretary of Transportation shall ensure that the 
final rule requires each railroad carrier transporting security-sen-
sitive materials in commerce to use the analysis required by sub-
sections (c) and (d) to select the safest and most secure route 
to be used in transporting security-sensitive materials. 
Deadline. 
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121 STAT. 471 
PUBLIC LAW 110–53—AUG. 3, 2007 
(f) REVIEW.—The Secretary of Transportation shall ensure that 
the final rule requires each railroad carrier transporting security- 
sensitive materials in commerce to annually review and select the 
practicable route posing the least overall safety and security risk 
in accordance with this section. The railroad carrier must retain 
in writing all route review and selection decision documentation 
and restrict the distribution, disclosure, and availability of informa-
tion contained in the route analysis to appropriate persons. This 
documentation should include, but is not limited to, comparative 
analyses, charts, graphics, or railroad system maps. 
(g) RETROSPECTIVE ANALYSIS.—The Secretary of Transportation 
shall ensure that the final rule requires each railroad carrier trans-
porting security-sensitive materials in commerce to, not less than 
once every 3 years, analyze the route selection determinations 
required under this section. Such an analysis shall include a com-
prehensive, systemwide review of all operational changes, infra-
structure modifications, traffic adjustments, changes in the nature 
of high-consequence targets located along or in proximity to the 
route, or other changes affecting the safety and security of the 
movements of security-sensitive materials that were implemented 
since the previous analysis was completed. 
(h) CONSULTATION.—In carrying out subsection (c), railroad car-
riers transporting security-sensitive materials in commerce shall 
seek relevant information from State, local, and tribal officials, 
as appropriate, regarding security risks to high-consequence targets 
along or in proximity to a route used by a railroad carrier to 
transport security-sensitive materials. 
(i) DEFINITIONS.—In this section: 
(1) The term ‘‘route’’ includes storage facilities and trackage 
used by railroad cars in transportation in commerce. 
(2) The term ‘‘high-consequence target’’ means a property, 
natural resource, location, area, or other target designated by 
the Secretary that is a viable terrorist target of national signifi-
cance, which may include a facility or specific critical infrastruc-
ture, the attack of which by railroad could result in— 
(A) catastrophic loss of life; 
(B) significant damage to national security or defense 
capabilities; or 
(C) national economic harm. 
SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING. 
(a) COMMUNICATIONS.— 
(1) IN
GENERAL.—In conjunction with the research and 
development program established under section 1518 and con-
sistent with the results of research relating to wireless and 
other tracking technologies, the Secretary, in consultation with 
the Administrator of the Transportation Security Administra-
tion, shall develop a program that will encourage the equipping 
of railroad cars transporting security-sensitive materials, as 
defined in section 1501, with technology that provides— 
(A) car position location and tracking capabilities; and 
(B) notification of railroad car depressurization, breach, 
unsafe temperature, or release of hazardous materials, as 
appropriate. 
(2) COORDINATION.—In developing the program required 
by paragraph (1), the Secretary shall— 
6 USC 1202. 
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121 STAT. 472 
PUBLIC LAW 110–53—AUG. 3, 2007 
(A) consult with the Secretary of Transportation to 
coordinate the program with any ongoing or planned efforts 
for railroad car tracking at the Department of Transpor-
tation; and 
(B) ensure that the program is consistent with rec-
ommendations and findings of the Department of Homeland 
Security’s hazardous material railroad tank car tracking 
pilot programs. 
(b) FUNDING.—From the amounts appropriated pursuant to 
114(w) of title 49, United States Code, as amended by section 
1503 of this title, there shall be made available to the Secretary 
to carry out this section— 
(1) $3,000,000 for fiscal year 2008; 
(2) $3,000,000 for fiscal year 2009; and 
(3) $3,000,000 for fiscal year 2010. 
SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING. 
(a) ROUTE PLAN GUIDANCE.—Not later than 1 year after the 
date of enactment of this Act, the Secretary of Transportation, 
in consultation with the Secretary, shall— 
(1) document existing and proposed routes for the transpor-
tation of radioactive and nonradioactive hazardous materials 
by motor carrier, and develop a framework for using a 
geographic information system-based approach to characterize 
routes in the national hazardous materials route registry; 
(2) assess and characterize existing and proposed routes 
for the transportation of radioactive and nonradioactive haz-
ardous materials by motor carrier for the purpose of identifying 
measurable criteria for selecting routes based on safety and 
security concerns; 
(3) analyze current route-related hazardous materials regu-
lations in the United States, Canada, and Mexico to identify 
cross-border differences and conflicting regulations; 
(4) document the safety and security concerns of the public, 
motor carriers, and State, local, territorial, and tribal govern-
ments about the highway routing of hazardous materials; 
(5) prepare guidance materials for State officials to assist 
them in identifying and reducing both safety concerns and 
security risks when designating highway routes for hazardous 
materials consistent with the 13 safety-based nonradioactive 
materials routing criteria and radioactive materials routing 
criteria in subpart C part 397 of title 49, Code of Federal 
Regulations; 
(6) develop a tool that will enable State officials to examine 
potential routes for the highway transportation of hazardous 
materials, assess specific security risks associated with each 
route, and explore alternative mitigation measures; and 
(7) transmit to the appropriate congressional committees 
a report on the actions taken to fulfill paragraphs (1) through 
(6) and any recommended changes to the routing requirements 
for the highway transportation of hazardous materials in part 
397 of title 49, Code of Federal Regulations. 
(b) ROUTE PLANS.— 
(1) ASSESSMENT.—Not later than 1 year after the date 
of enactment of this Act, the Secretary of Transportation shall 
complete an assessment of the safety and national security 
benefits achieved under existing requirements for route plans, 
Deadline. 
Reports. 
Deadlines. 
6 USC 1203. 
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121 STAT. 473 
PUBLIC LAW 110–53—AUG. 3, 2007 
in written or electronic format, for explosives and radioactive 
materials. The assessment shall, at a minimum— 
(A) compare the percentage of Department of Transpor-
tation recordable incidents and the severity of such 
incidents for shipments of explosives and radioactive mate-
rials for which such route plans are required with the 
percentage of recordable incidents and the severity of such 
incidents for shipments of explosives and radioactive mate-
rials not subject to such route plans; and 
(B) quantify the security and safety benefits, feasibility, 
and costs of requiring each motor carrier that is required 
to have a hazardous material safety permit under part 
385 of title 49, Code of Federal Regulations, to maintain, 
follow, and carry such a route plan that meets the require-
ments of section 397.101 of that title when transporting 
the type and quantity of hazardous materials described 
in section 385.403, taking into account the various seg-
ments of the motor carrier industry, including tank truck, 
truckload and less than truckload carriers. 
(2) REPORT.—Not later than 1 year after the date of enact-
ment of this Act, the Secretary of Transportation shall submit 
a report to the appropriate congressional committees containing 
the findings and conclusions of the assessment. 
(c) REQUIREMENT.—The Secretary shall require motor carriers 
that have a hazardous material safety permit under part 385 of 
title 49, Code of Federal Regulations, to maintain, follow, and 
carry a route plan, in written or electronic format, that meets 
the requirements of section 397.101 of that title when transporting 
the type and quantity of hazardous materials described in section 
385.403 if the Secretary determines, under the assessment required 
in subsection (b), that such a requirement would enhance security 
and safety without imposing unreasonable costs or burdens upon 
motor carriers. 
SEC. 
1554. 
MOTOR 
CARRIER 
SECURITY-SENSITIVE 
MATERIAL 
TRACKING. 
(a) COMMUNICATIONS.— 
(1) IN GENERAL.—Not later than 6 months after the date 
of enactment of this Act, consistent with the findings of the 
Transportation Security Administration’s hazardous materials 
truck security pilot program, the Secretary, through the 
Administrator of the Transportation Security Administration 
and in consultation with the Secretary of Transportation, shall 
develop a program to facilitate the tracking of motor carrier 
shipments of security-sensitive materials and to equip vehicles 
used in such shipments with technology that provides— 
(A) frequent or continuous communications; 
(B) vehicle position location and tracking capabilities; 
and 
(C) a feature that allows a driver of such vehicles 
to broadcast an emergency distress signal. 
(2) CONSIDERATIONS.—In developing the program required 
by paragraph (1), the Secretary shall— 
(A) consult with the Secretary of Transportation to 
coordinate the program with any ongoing or planned efforts 
for motor carrier or security-sensitive materials tracking 
at the Department of Transportation; 
Deadline. 
6 USC 1204. 
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121 STAT. 474 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) take into consideration the recommendations and 
findings of the report on the hazardous material safety 
and security operational field test released by the Federal 
Motor Carrier Safety Administration on November 11, 
2004; and 
(C) evaluate— 
(i) any new information related to the costs and 
benefits of deploying, equipping, and utilizing tracking 
technology, including portable tracking technology, for 
motor carriers transporting security-sensitive mate-
rials not included in the hazardous material safety 
and security operational field test report released by 
the Federal Motor Carrier Safety Administration on 
November 11, 2004; 
(ii) the ability of tracking technology to resist tam-
pering and disabling; 
(iii) the capability of tracking technology to collect, 
display, and store information regarding the movement 
of shipments of security-sensitive materials by commer-
cial motor vehicles; 
(iv) the appropriate range of contact intervals 
between the tracking technology and a commercial 
motor vehicle transporting security-sensitive materials; 
(v) technology that allows the installation by a 
motor carrier of concealed electronic devices on 
commercial motor vehicles that can be activated by 
law enforcement authorities to disable the vehicle or 
alert emergency response resources to locate and 
recover security-sensitive materials in the event of loss 
or theft of such materials; 
(vi) 
whether 
installation 
of 
the 
technology 
described in clause (v) should be incorporated into 
the program under paragraph (1); 
(vii) the costs, benefits, and practicality of such 
technology described in clause (v) in the context of 
the overall benefit to national security, including com-
merce in transportation; and 
(viii) other systems and information the Secretary 
determines appropriate. 
(b) FUNDING.—From the amounts appropriated pursuant to 
section 114(w) of title 49, United States Code, as amended by 
section 1503 of this Act, there shall be made available to the 
Secretary to carry out this section— 
(1) $7,000,000 for fiscal year 2008 of which $3,000,000 
may be used for equipment; 
(2) $7,000,000 for fiscal year 2009 of which $3,000,000 
may be used for equipment; and 
(3) $7,000,000 for fiscal year 2010 of which $3,000,000 
may be used for equipment. 
(c) REPORT.—Not later than 1 year after the issuance of regula-
tions under subsection (a), the Secretary shall issue a report to 
the appropriate congressional committees on the program developed 
and evaluation carried out under this section. 
(d) LIMITATION.—The Secretary may not mandate the installa-
tion or utilization of a technology described under this section 
without additional congressional authority provided after the date 
of enactment of this Act. 
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121 STAT. 475 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
STUDY. 
(a) IN GENERAL.—The Secretary of Transportation shall consult 
with the Secretary to limit, to the extent practicable, duplicative 
reviews of the hazardous materials security plans required under 
part 172, title 49, Code of Federal Regulations. 
(b) TRANSPORTATION COSTS STUDY.—Within 1 year after the 
date of enactment of this Act, the Secretary of Transportation, 
in conjunction with the Secretary, shall study to what extent the 
insurance, security, and safety costs borne by railroad carriers, 
motor carriers, pipeline carriers, air carriers, and maritime carriers 
associated with the transportation of hazardous materials are 
reflected in the rates paid by offerors of such commodities as com-
pared to the costs and rates, respectively, for the transportation 
of nonhazardous materials. 
SEC. 1556. TECHNICAL CORRECTIONS. 
(a) CORRECTION.—Section 5103a of title 49, United States Code, 
is amended— 
(1) in subsection (a)(1) by striking ‘‘Secretary’’ and inserting 
‘‘Secretary of Homeland Security’’; 
(2) in subsection (b) by striking ‘‘Secretary’’ each place 
it appears and inserting ‘‘Secretary of Transportation’’; 
(3) in subsection (d)(1)(B) by striking ‘‘Secretary’’ and 
inserting ‘‘Secretary of Homeland Security’’; and 
(4) in subsection (e) by striking ‘‘Secretary’’ and inserting 
‘‘Secretary of Homeland Security’’ each place it appears. 
(b) RELATIONSHIP TO TRANSPORTATION SECURITY CARDS.— 
(1) BACKGROUND CHECK.—An individual who has a valid 
transportation employee identification card issued by the Sec-
retary under section 70105 of title 46, United States Code, 
shall be deemed to have met the background records check 
required under section 5103a of title 49, United States Code. 
(2) STATE REVIEW.—Nothing in this subsection prevents 
or preempts a State from conducting a criminal records check 
of an individual that has applied for a license to operate a 
motor vehicle transporting in commerce a hazardous material. 
SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT. 
(a) IN GENERAL.—Not later than 9 months after the date of 
enactment of this Act, consistent with the Annex to the Memo-
randum of Understanding executed on August 9, 2006, between 
the Department of Transportation and the Department, the Sec-
retary, in consultation with the Secretary of Transportation, shall 
establish a program for reviewing pipeline operator adoption of 
recommendations of the September 5, 2002, Department of 
Transportation Research and Special Programs Administration’s 
Pipeline Security Information Circular, including the review of pipe-
line security plans and critical facility inspections. 
(b) REVIEW AND INSPECTION.—Not later than 12 months after 
the date of enactment of this Act, the Secretary and the Secretary 
of Transportation shall develop and implement a plan for reviewing 
the pipeline security plans and an inspection of the critical facilities 
of the 100 most critical pipeline operators covered by the September 
5, 2002, circular, where such facilities have not been inspected 
for security purposes since September 5, 2002, by either the Depart-
ment or the Department of Transportation. 
Deadlines. 
6 USC 1207. 
6 USC 1206. 
Deadline. 
6 USC 1205. 
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121 STAT. 476 
PUBLIC LAW 110–53—AUG. 3, 2007 
(c) COMPLIANCE REVIEW METHODOLOGY.—In reviewing pipeline 
operator compliance under subsections (a) and (b), risk assessment 
methodologies shall be used to prioritize risks and to target inspec-
tion and enforcement actions to the highest risk pipeline assets. 
(d) REGULATIONS.—Not later than 18 months after the date 
of enactment of this Act, the Secretary and the Secretary of 
Transportation shall develop and transmit to pipeline operators 
security recommendations for natural gas and hazardous liquid 
pipelines and pipeline facilities. If the Secretary determines that 
regulations are appropriate, the Secretary shall consult with the 
Secretary of Transportation on the extent of risk and appropriate 
mitigation measures, and the Secretary or the Secretary of 
Transportation, consistent with the Annex to the Memorandum 
of Understanding executed on August 9, 2006, shall promulgate 
such regulations and carry out necessary inspection and enforce-
ment actions. Any regulations shall incorporate the guidance pro-
vided to pipeline operators by the September 5, 2002, Department 
of Transportation Research and Special Programs Administration’s 
Pipeline Security Information Circular and contain additional 
requirements as necessary based upon the results of the inspections 
performed under subsection (b). The regulations shall include the 
imposition of civil penalties for noncompliance. 
(e) FUNDING.—From the amounts appropriated pursuant to sec-
tion 114(w) of title 49, United States Code, as amended by section 
1503 of this Act, there shall be made available to the Secretary 
to carry out this section— 
(1) $2,000,000 for fiscal year 2008; 
(2) $2,000,000 for fiscal year 2009; and 
(3) $2,000,000 for fiscal year 2010. 
SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN. 
(a) IN GENERAL.—The Secretary, in consultation with the Sec-
retary of Transportation and the Administrator of the Pipeline 
and Hazardous Materials Safety Administration, and in accordance 
with the Annex to the Memorandum of Understanding executed 
on August 9, 2006, the National Strategy for Transportation Secu-
rity, and Homeland Security Presidential Directive–7, shall develop 
a pipeline security and incident recovery protocols plan. The plan 
shall include— 
(1) for the Government to provide increased security sup-
port to the most critical interstate and intrastate natural gas 
and hazardous liquid transmission pipeline infrastructure and 
operations as determined under section 1557 when— 
(A) under severe security threat levels of alert; or 
(B) under specific security threat information relating 
to such pipeline infrastructure or operations exists; and 
(2) an incident recovery protocol plan, developed in conjunc-
tion with interstate and intrastate transmission and distribu-
tion pipeline operators and terminals and facilities operators 
connected to pipelines, to develop protocols to ensure the contin-
ued transportation of natural gas and hazardous liquids to 
essential markets and for essential public health or national 
defense uses in the event of an incident affecting the interstate 
and intrastate natural gas and hazardous liquid transmission 
and distribution pipeline system, which shall include protocols 
for restoring essential services supporting pipelines and 
6 USC 1208. 
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121 STAT. 477 
PUBLIC LAW 110–53—AUG. 3, 2007 
granting access to pipeline operators for pipeline infrastructure 
repair, replacement, or bypass following an incident. 
(b) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS.—The plan 
shall take into account actions taken or planned by both private 
and public entities to address identified pipeline security issues 
and assess the effective integration of such actions. 
(c) CONSULTATION.—In developing the plan under subsection 
(a), the Secretary shall consult with the Secretary of Transportation, 
interstate and intrastate transmission and distribution pipeline 
operators, nonprofit employee organizations representing pipeline 
employees, emergency responders, offerors, State pipeline safety 
agencies, public safety officials, and other relevant parties. 
(d) REPORT.— 
(1) CONTENTS.—Not later than 2 years after the date of 
enactment of this Act, the Secretary shall transmit to the 
appropriate congressional committees a report containing the 
plan required by subsection (a), including an estimate of the 
private and public sector costs to implement any recommenda-
tions. 
(2) FORMAT.—The Secretary may submit the report in both 
classified and redacted formats if the Secretary determines 
that such action is appropriate or necessary. 
TITLE XVI—AVIATION 
SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND. 
Section 44940 of title 49, United States Code, is amended— 
(1) in subsection (d)(4) by inserting ‘‘, other than subsection 
(i),’’ before ‘‘except to’’; and 
(2) by adding at the end the following: 
‘‘(i) CHECKPOINT SCREENING SECURITY FUND.— 
‘‘(1) ESTABLISHMENT.—There is established in the Depart-
ment of Homeland Security a fund to be known as the ‘Check-
point Screening Security Fund’. 
‘‘(2) DEPOSITS.—In fiscal year 2008, after amounts are made 
available under section 44923(h), the next $250,000,000 derived 
from fees received under subsection (a)(1) shall be available 
to be deposited in the Fund. 
‘‘(3) FEES.—The Secretary of Homeland Security shall 
impose the fee authorized by subsection (a)(1) so as to collect 
at least $250,000,000 in fiscal year 2008 for deposit into the 
Fund. 
‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall 
be available until expended by the Administrator of the 
Transportation Security Administration for the purchase, 
deployment, installation, research, and development of equip-
ment to improve the ability of security screening personnel 
at screening checkpoints to detect explosives.’’. 
SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIR-
CRAFT. 
(a) IN GENERAL.—Section 44901 of title 49, United States Code, 
is amended— 
(1) by redesignating subsections (g) and (h) as subsections 
(h) and (i), respectively; and 
(2) by inserting after subsection (f) the following: 
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121 STAT. 478 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.— 
‘‘(1) IN GENERAL.—Not later than 3 years after the date 
of enactment of the Implementing Recommendations of the 
9/11 Commission Act of 2007, the Secretary of Homeland Secu-
rity shall establish a system to screen 100 percent of cargo 
transported on passenger aircraft operated by an air carrier 
or foreign air carrier in air transportation or intrastate air 
transportation to ensure the security of all such passenger 
aircraft carrying cargo. 
‘‘(2) MINIMUM STANDARDS.—The system referred to in para-
graph (1) shall require, at a minimum, that equipment, tech-
nology, procedures, personnel, or other methods approved by 
the Administrator of the Transportation Security Administra-
tion, are used to screen cargo carried on passenger aircraft 
described in paragraph (1) to provide a level of security 
commensurate with the level of security for the screening of 
passenger checked baggage as follows: 
‘‘(A) 50 percent of such cargo is so screened not later 
than 18 months after the date of enactment of the Imple-
menting Recommendations of the 9/11 Commission Act of 
2007. 
‘‘(B) 100 percent of such cargo is so screened not later 
than 3 years after such date of enactment. 
‘‘(3) REGULATIONS.— 
‘‘(A) INTERIM FINAL RULE.—The Secretary of Homeland 
Security may issue an interim final rule as a temporary 
regulation to implement this subsection without regard 
to the provisions of chapter 5 of title 5. 
‘‘(B) FINAL RULE.— 
‘‘(i) IN
GENERAL.—If the Secretary issues an 
interim final rule under subparagraph (A), the Sec-
retary shall issue, not later than one year after the 
effective date of the interim final rule, a final rule 
as a permanent regulation to implement this sub-
section in accordance with the provisions of chapter 
5 of title 5. 
‘‘(ii) FAILURE TO ACT.—If the Secretary does not 
issue a final rule in accordance with clause (i) on 
or before the last day of the one-year period referred 
to in clause (i), the Secretary shall submit to the Com-
mittee on Homeland Security of the House of Rep-
resentatives, Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate a report explaining why the final rule was 
not timely issued and providing an estimate of the 
earliest date on which the final rule will be issued. 
The Secretary shall submit the first such report within 
10 days after such last day and submit a report to 
the Committees containing updated information every 
30 days thereafter until the final rule is issued. 
‘‘(iii) SUPERCEDING OF INTERIM FINAL RULE.—The 
final rule issued in accordance with this subparagraph 
shall supersede the interim final rule issued under 
subparagraph (A). 
‘‘(4) REPORT.—Not later than 1 year after the date of 
establishment of the system under paragraph (1), the Secretary 
Deadline. 
Reports. 
Deadline. 
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121 STAT. 479 
PUBLIC LAW 110–53—AUG. 3, 2007 
shall submit to the Committees referred to in paragraph 
(3)(B)(ii) a report that describes the system. 
‘‘(5) SCREENING
DEFINED.—In this subsection the term 
‘screening’ means a physical examination or non-intrusive 
methods of assessing whether cargo poses a threat to transpor-
tation security. Methods of screening include x-ray systems, 
explosives detection systems, explosives trace detection, explo-
sives detection canine teams certified by the Transportation 
Security Administration, or a physical search together with 
manifest verification. The Administrator may approve addi-
tional methods to ensure that the cargo does not pose a threat 
to transportation security and to assist in meeting the require-
ments of this subsection. Such additional cargo screening 
methods shall not include solely performing a review of informa-
tion about the contents of cargo or verifying the identity of 
a shipper of the cargo that is not performed in conjunction 
with other security methods authorized under this subsection, 
including whether a known shipper is registered in the known 
shipper database. Such additional cargo screening methods may 
include a program to certify the security methods used by 
shippers pursuant to paragraphs (1) and (2) and alternative 
screening methods pursuant to exemptions referred to in sub-
section (b) of section 1602 of the Implementing Recommenda-
tions of the 9/11 Commission Act of 2007.’’. 
(b) ASSESSMENT OF EXEMPTIONS.— 
(1) TSA ASSESSMENT.— 
(A) IN GENERAL.—Not later than 120 days after the 
date of enactment of this Act, the Secretary of Homeland 
Security shall submit to the appropriate committees of 
Congress and to the Comptroller General a report con-
taining an assessment of each exemption granted under 
section 44901(i)(1) of title 49, United States Code, for the 
screening required by such section for cargo transported 
on passenger aircraft and an analysis to assess the risk 
of maintaining such exemption. 
(B) CONTENTS.—The report under subparagraph (A) 
shall include— 
(i) the rationale for each exemption; 
(ii) what percentage of cargo is not screened in 
accordance with section 44901(g) of title 49, United 
States Code; 
(iii) the impact of each exemption on aviation secu-
rity; 
(iv) the projected impact on the flow of commerce 
of eliminating each exemption, respectively, should the 
Secretary choose to take such action; and 
(v) plans and rationale for maintaining, changing, 
or eliminating each exemption. 
(C) FORMAT.—The Secretary may submit the report 
under subparagraph (A) in both classified and redacted 
formats if the Secretary determines that such action is 
appropriate or necessary. 
(2) GAO ASSESSMENT.—Not later than 120 days after the 
date on which the report under paragraph (1) is submitted, 
the Comptroller General shall review the report and submit 
to the Committee on Homeland Security of the House of Rep-
resentatives, the Committee on Commerce, Science, and 
Deadline. 
Deadline. 
Reports. 
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121 STAT. 480 
PUBLIC LAW 110–53—AUG. 3, 2007 
Transportation of the Senate, and the Committee on Homeland 
Security and Governmental Affairs of the Senate an assessment 
of the methodology of determinations made by the Secretary 
for maintaining, changing, or eliminating an exemption under 
section 44901(i)(1) of title 49, United States Code. 
SEC. 1603. IN-LINE BAGGAGE SCREENING. 
(a) EXTENSION OF AUTHORIZATION.—Section 44923(i)(1) of title 
49, United States Code, is amended by striking ‘‘2007.’’ and 
inserting ‘‘2007, and $450,000,000 for each of fiscal years 2008 
through 2011’’. 
(b) SUBMISSION OF COST-SHARING STUDY AND PLAN.—Not later 
than 60 days after the date of enactment of this Act, the Secretary 
for Homeland Security shall submit to the appropriate congressional 
committees the cost sharing study described in section 4019(d) 
of the Intelligence Reform and Terrorism Prevention Act of 2004 
(118 Stat. 3722), together with the Secretary’s analysis of the study, 
a list of provisions of the study the Secretary intends to implement, 
and a plan and schedule for implementation of such listed provi-
sions. 
SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT. 
(a) IN GENERAL.—Section 44923 of title 49, United States Code, 
is amended— 
(1) in subsection (a) by striking ‘‘may make’’ and inserting 
‘‘shall make’’; 
(2) in subsection (d)(1) by striking ‘‘may’’ and inserting 
‘‘shall’’; 
(3) in subsection (h)(1) by striking ‘‘2007’’ and inserting 
‘‘2028’’; 
(4) in subsection (h) by striking paragraphs (2) and (3) 
and inserting the following: 
‘‘(2) ALLOCATION.—Of the amount made available under 
paragraph (1) for a fiscal year, not less than $200,000,000 
shall be allocated to fulfill letters of intent issued under sub-
section (d). 
‘‘(3) DISCRETIONARY GRANTS.—Of the amount made avail-
able under paragraph (1) for a fiscal year, up to $50,000,000 
shall be used to make discretionary grants, including other 
transaction agreements for airport security improvement 
projects, with priority given to small hub airports and nonhub 
airports.’’; 
(5) by redesignating subsection (i) as subsection (j); and 
(6) by inserting after subsection (h) the following: 
‘‘(i) LEVERAGED FUNDING.—For purposes of this section, a grant 
under subsection (a) to an airport sponsor to service an obligation 
issued by or on behalf of that sponsor to fund a project described 
in subsection (a) shall be considered to be a grant for that project.’’. 
(b) PRIORITIZATION OF PROJECTS.— 
(1) IN GENERAL.—The Administrator of the Transportation 
Security Administration shall establish a prioritization schedule 
for airport security improvement projects described in section 
44923 of title 49, United States Code, based on risk and other 
relevant factors, to be funded under that section. The schedule 
shall include both hub airports referred to in paragraphs (29), 
(31), and (42) of section 40102 of such title and nonhub airports 
(as defined in section 47102(13) of such title). 
Airport security. 
49 USC 44923. 
Deadline. 
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121 STAT. 481 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.—The 
schedule shall include airports that have incurred eligible costs 
associated with development of partial or completed in-line 
baggage systems before the date of enactment of this Act in 
reasonable anticipation of receiving a grant under section 44923 
of title 49, United States Code, in reimbursement of those 
costs but that have not received such a grant. 
(3) REPORT.—Not later than 180 days after the date of 
enactment of this Act, the Administrator shall provide a copy 
of the prioritization schedule, a corresponding timeline, and 
a description of the funding allocation under section 44923 
of title 49, United States Code, to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee 
on Homeland Security of the House of Representatives. 
SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED 
PASSENGER PRESCREENING SYSTEM. 
(a) IN GENERAL.—Not later than 120 days after the date of 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Administrator of the Transportation Security 
Administration, shall submit to the Committee on Homeland Secu-
rity of the House of Representatives, the Committee on Commerce, 
Science, and Transportation of the Senate, and the Committee 
on Homeland Security and Governmental Affairs of the Senate 
a plan that— 
(1) describes the system to be utilized by the Department 
of Homeland Security to assume the performance of comparing 
passenger information, as defined by the Administrator, to 
the automatic selectee and no-fly lists, utilizing appropriate 
records in the consolidated and integrated terrorist watchlist 
maintained by the Federal Government; 
(2) provides a projected timeline for each phase of testing 
and implementation of the system; 
(3) explains how the system will be integrated with the 
prescreening system for passengers on international flights; 
and 
(4) describes how the system complies with section 552a 
of title 5, United States Code. 
(b) GAO ASSESSMENT.—Not later than 180 days after the date 
of enactment of this Act, the Comptroller General shall submit 
a report to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Homeland Security 
of the House of Representatives that— 
(1) describes the progress made by the Transportation Secu-
rity Administration in implementing the secure flight passenger 
pre-screening program; 
(2) describes the effectiveness of the current appeals process 
for passengers wrongly assigned to the no-fly and terrorist 
watch lists; 
(3) describes the Transportation Security Administration’s 
plan to protect private passenger information and progress 
made in integrating the system with the pre-screening program 
for international flights operated by United States Customs 
and Border Protection; 
(4) provides a realistic determination of when the system 
will be completed; and 
Reports. 
Deadlines. 
49 USC 44903 
note. 
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121 STAT. 482 
PUBLIC LAW 110–53—AUG. 3, 2007 
(5) includes any other relevant observations or rec-
ommendations the Comptroller General deems appropriate. 
SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS 
WRONGLY DELAYED OR PROHIBITED FROM BOARDING 
A FLIGHT. 
(a) IN GENERAL.—Subchapter I of chapter 449 of title 49, United 
States Code is amended by adding at the end the following: 
‘‘§ 44926. Appeal and redress process for passengers wrongly 
delayed or prohibited from boarding a flight 
‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall 
establish a timely and fair process for individuals who believe 
they have been delayed or prohibited from boarding a commercial 
aircraft because they were wrongly identified as a threat under 
the regimes utilized by the Transportation Security Administration, 
United States Customs and Border Protection, or any other office 
or component of the Department of Homeland Security. 
‘‘(b) OFFICE OF APPEALS AND REDRESS.— 
‘‘(1) ESTABLISHMENT.—The Secretary shall establish in the 
Department an Office of Appeals and Redress to implement, 
coordinate, and execute the process established by the Secretary 
pursuant to subsection (a). The Office shall include representa-
tives from the Transportation Security Administration, United 
States Customs and Border Protection, and such other offices 
and components of the Department as the Secretary determines 
appropriate. 
‘‘(2) RECORDS.—The process established by the Secretary 
pursuant to subsection (a) shall include the establishment of 
a method by which the Office, under the direction of the Sec-
retary, will be able to maintain a record of air carrier pas-
sengers and other individuals who have been misidentified 
and have corrected erroneous information. 
‘‘(3) INFORMATION.—To prevent repeated delays of an 
misidentified passenger or other individual, the Office shall— 
‘‘(A) ensure that the records maintained under this 
subsection contain information determined by the Secretary 
to authenticate the identity of such a passenger or indi-
vidual; 
‘‘(B) furnish to the Transportation Security Administra-
tion, United States Customs and Border Protection, or any 
other appropriate office or component of the Department, 
upon request, such information as may be necessary to 
allow such office or component to assist air carriers in 
improving their administration of the advanced passenger 
prescreening system and reduce the number of false 
positives; and 
‘‘(C) require air carriers and foreign air carriers take 
action to identify passengers determined, under the process 
established under subsection (a), to have been wrongly 
identified. 
‘‘(4) HANDLING
OF
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The Secretary, in conjunction with the Chief Privacy 
Officer of the Department shall— 
‘‘(A) require that Federal employees of the Department 
handling personally identifiable information of passengers 
(in this paragraph referred to as ‘PII’) complete mandatory 
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121 STAT. 483 
PUBLIC LAW 110–53—AUG. 3, 2007 
privacy and security training prior to being authorized 
to handle PII; 
‘‘(B) ensure that the records maintained under this 
subsection are secured by encryption, one-way hashing, 
other data anonymization techniques, or such other equiva-
lent security technical protections as the Secretary deter-
mines necessary; 
‘‘(C) limit the information collected from misidentified 
passengers or other individuals to the minimum amount 
necessary to resolve a redress request; 
‘‘(D) require that the data generated under this sub-
section shall be shared or transferred via a secure data 
network, that has been audited to ensure that the anti- 
hacking and other security related software functions prop-
erly and is updated as necessary; 
‘‘(E) ensure that any employee of the Department 
receiving the data contained within the records handles 
the information in accordance with the section 552a of 
title 5, United States Code, and the Federal Information 
Security Management Act of 2002 (Public Law 107–296); 
‘‘(F) only retain the data for as long as needed to 
assist the individual traveler in the redress process; and 
‘‘(G) conduct and publish a privacy impact assessment 
of the process described within this subsection and transmit 
the assessment to the Committee on Homeland Security 
of the House of Representatives, the Committee on Com-
merce, Science, and Transportation of the Senate, and Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate. 
‘‘(5) INITIATION
OF
REDRESS
PROCESS
AT
AIRPORTS.—The 
Office shall establish at each airport at which the Department 
has a significant presence a process to provide information 
to air carrier passengers to begin the redress process estab-
lished pursuant to subsection (a).’’. 
(b) CLERICAL AMENDMENT.—The analysis for such chapter is 
amended by inserting after the item relating to section 44925 the 
following: 
‘‘44926. Appeal and redress process for passengers wrongly delayed or prohibited 
from boarding a flight.’’. 
SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER 
SCREENING CHECKPOINTS. 
(a) IN GENERAL.—Not later than 30 days after the date of 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Administrator of the Transportation Security 
Administration, shall issue the strategic plan the Secretary was 
required by section 44925(b) of title 49, United States Code, to 
have issued within 90 days after the date of enactment of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (Public 
Law 108–458). 
(b) DEPLOYMENT.—Section 44925(b) of title 49, United States 
Code, is amended by adding at the end the following: 
‘‘(3) 
IMPLEMENTATION.—The 
Secretary 
shall 
begin 
implementation of the strategic plan within one year after 
the date of enactment of this paragraph.’’. 
Deadline. 
Strategic plan. 
49 USC 44925 
note. 
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121 STAT. 484 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPOR-
TATION SECURITY TECHNOLOGY. 
Section 137(a) of the Aviation and Transportation Security 
Act (49 U.S.C. 44912 note; 115 Stat. 637) is amended— 
(1) by striking ‘‘2002 through 2006’’ and inserting ‘‘2006 
through 2011’’; 
(2) by striking ‘‘aviation’’ and inserting ‘‘transportation’’; 
and 
(3) by striking ‘‘2002 and 2003’’ and inserting ‘‘2006 through 
2011’’. 
SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS. 
Section 44901 of title 49, United States Code, as amended 
by section 1602, is further amended by adding at the end the 
following: 
‘‘(j) BLAST-RESISTANT CARGO CONTAINERS.— 
‘‘(1) IN GENERAL.—Before January 1, 2008, the Adminis-
trator of the Transportation Security Administration shall— 
‘‘(A) evaluate the results of the blast-resistant cargo 
container pilot program that was initiated before the date 
of enactment of this subsection; and 
‘‘(B) prepare and distribute through the Aviation Secu-
rity Advisory Committee to the appropriate Committees 
of Congress and air carriers a report on that evaluation 
which may contain nonclassified and classified sections. 
‘‘(2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—Upon 
completion and consistent with the results of the evaluation 
that paragraph (1)(A) requires, the Administrator shall— 
‘‘(A) develop and implement a program, as the Adminis-
trator determines appropriate, to acquire, maintain, and 
replace blast-resistant cargo containers; 
‘‘(B) pay for the program; and 
‘‘(C) make available blast-resistant cargo containers 
to air carriers pursuant to paragraph (3). 
‘‘(3) DISTRIBUTION
TO
AIR
CARRIERS.—The Administrator 
shall make available, beginning not later than July 1, 2008, 
blast-resistant cargo containers to air carriers for use on a 
risk managed basis as determined by the Administrator.’’. 
SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES. 
(a) TECHNOLOGY RESEARCH AND PILOT PROJECTS.— 
(1) RESEARCH AND DEVELOPMENT.—The Secretary of Home-
land Security, in consultation with the Administrator of the 
Transportation Security Administration, shall expedite research 
and development programs for technologies that can disrupt 
or prevent an explosive device from being introduced onto a 
passenger plane or from damaging a passenger plane while 
in flight or on the ground. The research shall be used in 
support of implementation of section 44901 of title 49, United 
States Code. 
(2) PILOT PROJECTS.—The Secretary, in conjunction with 
the Secretary of Transportation, shall establish a grant program 
to fund pilot projects— 
(A) to deploy technologies described in paragraph (1); 
and 
(B) to test technologies to expedite the recovery, 
development, and analysis of information from aircraft 
Grants. 
49 USC 44901 
note. 
Reports. 
Deadlines. 
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121 STAT. 485 
PUBLIC LAW 110–53—AUG. 3, 2007 
accidents to determine the cause of the accident, including 
deployable flight deck and voice recorders and remote loca-
tion recording devices. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary of Homeland Security for fiscal 
year 2008 such sums as may be necessary to carry out this section. 
Such sums shall remain available until expended. 
SEC. 1611. SPECIALIZED TRAINING. 
The Administrator of the Transportation Security Administra-
tion shall provide advanced training to transportation security offi-
cers for the development of specialized security skills, including 
behavior observation and analysis, explosives detection, and docu-
ment examination, in order to enhance the effectiveness of layered 
transportation security measures. 
SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY. 
(a) IN GENERAL.—Notwithstanding any provision of law, any 
statutory limitation on the number of employees in the Transpor-
tation Security Administration, before or after its transfer to the 
Department of Homeland Security from the Department of 
Transportation, does not apply after fiscal year 2007. 
(b) AVIATION SECURITY.—Notwithstanding any provision of law 
imposing a limitation on the recruiting or hiring of personnel into 
the Transportation Security Administration to a maximum number 
of permanent positions, the Secretary of Homeland Security shall 
recruit and hire such personnel into the Administration as may 
be necessary— 
(1) to provide appropriate levels of aviation security; and 
(2) to accomplish that goal in such a manner that the 
average aviation security-related delay experienced by airline 
passengers is reduced to a level of less than 10 minutes. 
SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT 
AIRPORT EXIT LANES. 
(a) IN GENERAL.—The Administrator of the Transportation 
Security Administration shall conduct a pilot program at not more 
than 2 airports to identify technologies to improve security at air-
port exit lanes. 
(b) PROGRAM COMPONENTS.—In conducting the pilot program 
under this section, the Administrator shall— 
(1) utilize different technologies that protect the integrity 
of the airport exit lanes from unauthorized entry; 
(2) work with airport officials to deploy such technologies 
in multiple configurations at a selected airport or airports at 
which some of the exits are not colocated with a screening 
checkpoint; and 
(3) ensure the level of security is at or above the level 
of existing security at the airport or airports where the pilot 
program is conducted. 
(c) REPORTS.— 
(1) INITIAL BRIEFING.—Not later than 180 days after the 
date of enactment of this Act, the Administrator shall conduct 
a briefing to the congressional committees set forth in para-
graph (3) that describes— 
(A) the airport or airports selected to participate in 
the pilot program; 
(B) the technologies to be tested; 
49 USC 44903 
note. 
49 USC 114 note. 
49 USC 114 note. 
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121 STAT. 486 
PUBLIC LAW 110–53—AUG. 3, 2007 
(C) the potential savings from implementing the tech-
nologies at selected airport exits; 
(D) the types of configurations expected to be deployed 
at such airports; and 
(E) the expected financial contribution from each air-
port. 
(2) FINAL REPORT.—Not later than 18 months after the 
technologies are deployed at the airports participating in the 
pilot program, the Administrator shall submit a final report 
to the congressional committees set forth in paragraph (3) 
that describes— 
(A) the changes in security procedures and technologies 
deployed; 
(B) the estimated cost savings at the airport or airports 
that participated in the pilot program; and 
(C) the efficacy and staffing benefits of the pilot pro-
gram and its applicability to other airports in the United 
States. 
(3) CONGRESSIONAL
COMMITTEES.—The reports required 
under this subsection shall be submitted to— 
(A) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(B) the Committee on Appropriations of the Senate; 
(C) the Committee on Homeland Security and Govern-
mental Affairs of the Senate; 
(D) the Committee on Homeland Security of the House 
of Representatives; and 
(E) the Committee on Appropriations of the House 
of Representatives. 
(d) USE OF EXISTING FUNDS.—This section shall be executed 
using existing funds. 
SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS. 
(a) REPORT.—Not later than 180 days after the date of enact-
ment of this Act, the Administrator of the Transportation Security 
Administration, after consultation with airline, airport, and flight 
crew representatives, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate, the Committee on Home-
land Security and Governmental Affairs of the Senate, the Com-
mittee on Homeland Security of the House of Representatives, 
and the Committee on Transportation and Infrastructure of the 
House of Representatives a report on the status of the Administra-
tion’s efforts to institute a sterile area access system or method 
that will enhance security by properly identifying authorized airline 
flight deck and cabin crew members at screening checkpoints and 
granting them expedited access through screening checkpoints. The 
Administrator shall include in the report recommendations on the 
feasibility of implementing the system for the domestic aviation 
industry beginning 1 year after the date on which the report is 
submitted. 
(b) BEGINNING
IMPLEMENTATION.—The Administrator shall 
begin implementation of the system or method referred to in sub-
section (a) not later than 1 year after the date on which the 
Administrator submits the report under subsection (a). 
SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL. 
(a) IN GENERAL.—Section 44903(h)(6) of title 49, United States 
Code, is amended to read as follows: 
49 USC 44903 
note. 
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121 STAT. 487 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(6) USE
OF
BIOMETRIC
TECHNOLOGY
FOR
ARMED
LAW 
ENFORCEMENT TRAVEL.— 
‘‘(A) IN GENERAL.—Not later than 18 months after the 
date of enactment of the Implementing Recommendations 
of the 9/11 Commission Act of 2007, the Secretary of Home-
land Security, in consultation with the Attorney General, 
shall— 
‘‘(i) implement this section by publication in the 
Federal Register; and 
‘‘(ii) establish a national registered armed law 
enforcement program, that shall be federally managed, 
for law enforcement officers needing to be armed when 
traveling by commercial aircraft. 
‘‘(B) PROGRAM REQUIREMENTS.—The program shall— 
‘‘(i) establish a credential or a system that incor-
porates biometric technology and other applicable tech-
nologies; 
‘‘(ii) establish a system for law enforcement officers 
who need to be armed when traveling by commercial 
aircraft on a regular basis and for those who need 
to be armed during temporary travel assignments; 
‘‘(iii) comply with other uniform credentialing ini-
tiatives, including the Homeland Security Presidential 
Directive 12; 
‘‘(iv) apply to all Federal, State, local, tribal, and 
territorial government law enforcement agencies; and 
‘‘(v) establish a process by which the travel creden-
tial or system may be used to verify the identity, 
using biometric technology, of a Federal, State, local, 
tribal, or territorial law enforcement officer seeking 
to carry a weapon on board a commercial aircraft, 
without unnecessarily disclosing to the public that the 
individual is a law enforcement officer. 
‘‘(C) PROCEDURES.—In establishing the program, the 
Secretary shall develop procedures— 
‘‘(i) to ensure that a law enforcement officer of 
a Federal, State, local, tribal, or territorial government 
flying armed has a specific reason for flying armed 
and the reason is within the scope of the duties of 
such officer; 
‘‘(ii) to preserve the anonymity of the armed law 
enforcement officer; 
‘‘(iii) to resolve failures to enroll, false matches, 
and false nonmatches relating to the use of the law 
enforcement travel credential or system; 
‘‘(iv) to determine the method of issuance of the 
biometric credential to law enforcement officers 
needing to be armed when traveling by commercial 
aircraft; 
‘‘(v) to invalidate any law enforcement travel 
credential or system that is lost, stolen, or no longer 
authorized for use; 
‘‘(vi) to coordinate the program with the Federal 
Air Marshal Service, including the force multiplier pro-
gram of the Service; and 
‘‘(vii) to implement a phased approach to launching 
the program, addressing the immediate needs of the 
Federal Register, 
publication. 
Deadline. 
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121 STAT. 488 
PUBLIC LAW 110–53—AUG. 3, 2007 
relevant Federal agent population before expanding 
to other law enforcement populations.’’. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days after imple-
menting the national registered armed law enforcement pro-
gram required by section 44903(h)(6) of title 49, United States 
Code, the Secretary of Homeland Security shall submit to the 
Committee on Commerce, Science, and Transportation of the 
Senate and the Committee on Homeland Security of the House 
of Representatives a report. If the Secretary has not imple-
mented the program within 180 days after the date of enact-
ment of this Act, the Secretary shall submit a report to the 
Committees within 180 days explaining the reasons for the 
failure to implement the program within the time required 
by that section and a further report within each successive 
90-day period until the program is implemented explaining 
the reasons for such further delays in implementation until 
the program is functioning. 
(2) CLASSIFIED FORMAT.—The Secretary may submit each 
report required by this subsection in classified format. 
SEC. 1616. REPAIR STATION SECURITY. 
(a) CERTIFICATION OF FOREIGN REPAIR STATIONS SUSPENSION.— 
If the regulations required by section 44924(f) of title 49, United 
States Code, are not issued within 1 year after the date of enactment 
of this Act, the Administrator of the Federal Aviation Administra-
tion may not certify any foreign repair station under part 145 
of title 14, Code of Federal Regulations, after such date unless 
the station was previously certified, or is in the process of certifi-
cation by the Administration under that part. 
(b) 6-MONTH DEADLINE FOR SECURITY REVIEW AND AUDIT.— 
Subsections (a) and (d) of section 44924 of title 49, United States 
Code, is amended— 
(1) in each of subsections (a) and (b) by striking ‘‘18 months’’ 
and inserting ‘‘6 months’’; and 
(2) in subsection (d) by inserting ‘‘(other than a station 
that was previously certified, or is in the process of certification, 
by the Administration under this part)’’ before ‘‘until’’. 
SEC. 1617. GENERAL AVIATION SECURITY. 
Section 44901 of title 49, United States Code, as amended 
by sections 1602 and 1609, is further amended by adding at the 
end the following: 
‘‘(k) GENERAL AVIATION AIRPORT SECURITY PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than one year after the date 
of enactment of this subsection, the Administrator of the 
Transportation Security Administration shall— 
‘‘(A) develop a standardized threat and vulnerability 
assessment program for general aviation airports (as 
defined in section 47134(m)); and 
‘‘(B) implement a program to perform such assessments 
on a risk-managed basis at general aviation airports. 
‘‘(2) GRANT PROGRAM.—Not later than 6 months after the 
date of enactment of this subsection, the Administrator shall 
initiate and complete a study of the feasibility of a program, 
based on a risk-managed approach, to provide grants to opera-
tors of general aviation airports (as defined in section 47134(m)) 
Deadlines. 
Deadline. 
49 USC 44924 
note. 
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121 STAT. 489 
PUBLIC LAW 110–53—AUG. 3, 2007 
for projects to upgrade security at such airports. If the Adminis-
trator determines that such a program is feasible, the Adminis-
trator shall establish such a program. 
‘‘(3) APPLICATION
TO
GENERAL
AVIATION
AIRCRAFT.—Not 
later than 180 days after the date of enactment of this sub-
section, the Administrator shall develop a risk-based system 
under which— 
‘‘(A) general aviation aircraft, as identified by the 
Administrator, in coordination with the Administrator of 
the Federal Aviation Administration, are required to 
submit passenger information and advance notification 
requirements for United States Customs and Border Protec-
tion before entering United States airspace; and 
‘‘(B) such information is checked against appropriate 
databases. 
‘‘(4) 
AUTHORIZATION
OF
APPROPRIATIONS.—There 
are 
authorized to be appropriated to the Administrator of the 
Transportation Security Administration such sums as may be 
necessary to carry out paragraphs (2) and (3).’’. 
SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY 
FUNDING. 
Section 48301(a) of title 49, United States Code, is amended 
by striking ‘‘and 2006’’ and inserting ‘‘2007, 2008, 2009, 2010, 
and 2011’’. 
TITLE XVII—MARITIME CARGO 
SEC. 1701. CONTAINER SCANNING AND SEALS. 
(a) CONTAINER SCANNING.—Section 232(b) of the SAFE Ports 
Act (6 U.S.C. 982(b)) is amended to read as follows: 
‘‘(b) FULL-SCALE IMPLEMENTATION.— 
‘‘(1) IN GENERAL.—A container that was loaded on a vessel 
in a foreign port shall not enter the United States (either 
directly or via a foreign port) unless the container was scanned 
by nonintrusive imaging equipment and radiation detection 
equipment at a foreign port before it was loaded on a vessel. 
‘‘(2) APPLICATION.—Paragraph (1) shall apply with respect 
to containers loaded on a vessel in a foreign country on or 
after the earlier of— 
‘‘(A) July 1, 2012; or 
‘‘(B) such other date as may be established by the 
Secretary under paragraph (3). 
‘‘(3) ESTABLISHMENT OF EARLIER DEADLINE.—The Secretary 
shall establish a date under (2)(B) pursuant to the lessons 
learned through the pilot integrated scanning systems estab-
lished under section 231. 
‘‘(4) EXTENSIONS.—The Secretary may extend the date 
specified in paragraph (2)(A) or (2)(B) for 2 years, and may 
renew the extension in additional 2-year increments, for con-
tainers loaded in a port or ports, if the Secretary certifies 
to Congress that at least two of the following conditions exist: 
‘‘(A) Systems to scan containers in accordance with 
paragraph (1) are not available for purchase and installa-
tion. 
Effective dates. 
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121 STAT. 490 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(B) Systems to scan containers in accordance with 
paragraph (1) do not have a sufficiently low false alarm 
rate for use in the supply chain. 
‘‘(C) Systems to scan containers in accordance with 
paragraph (1) cannot be purchased, deployed, or operated 
at ports overseas, including, if applicable, because a port 
does not have the physical characteristics to install such 
a system. 
‘‘(D) Systems to scan containers in accordance with 
paragraph (1) cannot be integrated, as necessary, with 
existing systems. 
‘‘(E) Use of systems that are available to scan con-
tainers in accordance with paragraph (1) will significantly 
impact trade capacity and the flow of cargo. 
‘‘(F) Systems to scan containers in accordance with 
paragraph (1) do not adequately provide an automated 
notification of questionable or high-risk cargo as a trigger 
for further inspection by appropriately trained personnel. 
‘‘(5) EXEMPTION
FOR
MILITARY
CARGO.—Notwithstanding 
any other provision in the section, supplies bought by the 
Secretary of Defense and transported in compliance section 
2631 of title 10, United States Code, and military cargo of 
foreign countries are exempt from the requirements of this 
section. 
‘‘(6) REPORT ON EXTENSIONS.—An extension under para-
graph (4) for a port or ports shall take effect upon the expiration 
of the 60-day period beginning on the date the Secretary pro-
vides a report to Congress that— 
‘‘(A) states what container traffic will be affected by 
the extension; 
‘‘(B) provides supporting evidence to support the Sec-
retary’s certification of the basis for the extension; and 
‘‘(C) explains what measures the Secretary is taking 
to ensure that scanning can be implemented as early as 
possible at the port or ports that are the subject of the 
report. 
‘‘(7) REPORT ON RENEWAL OF EXTENSION.—If an extension 
under paragraph (4) takes effect, the Secretary shall, after 
one year, submit a report to Congress on whether the Secretary 
expects to seek to renew the extension. 
‘‘(8) SCANNING TECHNOLOGY STANDARDS.—In implementing 
paragraph (1), the Secretary shall— 
‘‘(A) establish technological and operational standards 
for systems to scan containers; 
‘‘(B) ensure that the standards are consistent with 
the global nuclear detection architecture developed under 
the Homeland Security Act of 2002; and 
‘‘(C) coordinate with other Federal agencies that admin-
ister scanning or detection programs at foreign ports. 
‘‘(9) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In 
carrying out this subsection, the Secretary shall consult with 
appropriate Federal departments and agencies and private 
sector stakeholders, and ensure that actions under this section 
do not violate international trade obligations, and are consistent 
with the World Customs Organization framework, or other 
international obligations of the United States.’’. 
Effective date. 
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121 STAT. 491 
PUBLIC LAW 110–53—AUG. 3, 2007 
(b) DEADLINE FOR CONTAINER SECURITY STANDARDS AND PROCE-
DURES.—Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4)) 
is amended by— 
(1) striking ‘‘(1) DEADLINE
FOR
ENFORCEMENT.—’’ and 
inserting the following: 
‘‘(1) DEADLINE FOR ENFORCEMENT.— 
‘‘(A) ENFORCEMENT OF RULE.—’’; and 
(2) adding at the end the following: 
‘‘(B) INTERIM REQUIREMENT.—If the interim final rule 
described in paragraph (2) is not issued by April 1, 2008, 
then— 
‘‘(i) effective not later than October 15, 2008, all 
containers in transit to the United States shall be 
required to meet the requirements of International 
Organization for Standardization Publicly Available 
Specification 17712 standard for sealing containers; 
and 
‘‘(ii) the requirements of this subparagraph shall 
cease to be effective upon the effective date of the 
interim final rule issued pursuant to this subsection.’’. 
TITLE 
XVIII—PREVENTING 
WEAPONS 
OF MASS DESTRUCTION PROLIFERA-
TION AND TERRORISM 
SEC. 1801. FINDINGS. 
The 9/11 Commission has made the following recommendations: 
(1) STRENGTHEN ‘‘COUNTER-PROLIFERATION’’ EFFORTS.—The 
United States should work with the international community 
to develop laws and an international legal regime with uni-
versal jurisdiction to enable any state in the world to capture, 
interdict, and prosecute smugglers of nuclear material. 
(2) EXPAND THE PROLIFERATION SECURITY INITIATIVE.—In 
carrying out the Proliferation Security Initiative, the United 
States should— 
(A) use intelligence and planning resources of the 
North Atlantic Treaty Organization (NATO) alliance; 
(B) make participation open to non-NATO countries; 
and 
(C) encourage Russia and the People’s Republic of 
China to participate. 
(3) SUPPORT
THE
COOPERATIVE
THREAT
REDUCTION
PRO-
GRAM.—The United States should expand, improve, increase 
resources for, and otherwise fully support the Cooperative 
Threat Reduction program. 
SEC. 1802. DEFINITIONS. 
In this title: 
(1) The terms ‘‘prevention of weapons of mass destruction 
proliferation and terrorism’’ and ‘‘prevention of WMD prolifera-
tion and terrorism’’ include activities under— 
(A) the programs specified in section 1501(b) of the 
National Defense Authorization Act for Fiscal Year 1997 
(Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note); 
50 USC 2902. 
50 USC 2901. 
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121 STAT. 492 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) the programs for which appropriations are author-
ized by section 3101(a)(2) of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 (Public 
Law 107–314; 116 Stat. 2729); 
(C) programs authorized by section 504 of the Freedom 
for Russia and Emerging Eurasian Democracies and Open 
Markets Support Act of 1992 (the FREEDOM Support Act) 
(22 U.S.C. 5854) and programs authorized by section 1412 
of the Former Soviet Union Demilitarization Act of 1992 
(22 U.S.C. 5902); and 
(D) a program of any agency of the Federal Government 
having a purpose similar to that of any of the programs 
identified in subparagraphs (A) through (C), as designated 
by the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism 
and the head of the agency. 
(2) The terms ‘‘weapons of mass destruction’’ and ‘‘WMD’’ 
mean chemical, biological, and nuclear weapons, and chemical, 
biological, and nuclear materials used in the manufacture of 
such weapons. 
(3) The term ‘‘items of proliferation concern’’ means— 
(A) equipment, materials, or technology listed in— 
(i) the Trigger List of the Guidelines for Nuclear 
Transfers of the Nuclear Suppliers Group; 
(ii) the Annex of the Guidelines for Transfers of 
Nuclear-Related Dual-Use Equipment, Materials, Soft-
ware, and Related Technology of the Nuclear Suppliers 
Group; or 
(iii) any of the Common Control Lists of the Aus-
tralia Group; and 
(B) any other sensitive items. 
Subtitle A—Repeal and Modification of 
Limitations on Assistance for Prevention 
of WMD Proliferation and Terrorism 
SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSIST-
ANCE FOR PREVENTION OF WEAPONS OF MASS DESTRUC-
TION PROLIFERATION AND TERRORISM. 
Consistent with the recommendations of the 9/11 Commission, 
Congress repeals or modifies the limitations on assistance for 
prevention of weapons of mass destruction proliferation and ter-
rorism as follows: 
(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991.—Sub-
sections (b) and (c) of section 211 of the Soviet Nuclear Threat 
Reduction Act of 1991 (title II of Public Law 102–228; 22 
U.S.C. 2551 note) are repealed. 
(2) COOPERATIVE THREAT REDUCTION ACT OF 1993.—Section 
1203(d) of the Cooperative Threat Reduction Act of 1993 (title 
XII of Public Law 103–160; 22 U.S.C. 5952(d)) is repealed. 
(3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES.— 
Section 1305 of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 5952 note) 
is repealed. 
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121 STAT. 493 
PUBLIC LAW 110–53—AUG. 3, 2007 
(4) AUTHORITY
TO
USE
COOPERATIVE
THREAT
REDUCTION 
FUNDS OUTSIDE THE FORMER SOVIET UNION—MODIFICATION OF 
CERTIFICATION REQUIREMENT; CONGRESSIONAL NOTICE REQUIRE-
MENT.—Section 1308 of the National Defense Authorization 
Act for Fiscal Year 2004 (Public Law 108–136; 22 U.S.C. 5963) 
is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘the President may’’ and inserting 
‘‘the Secretary of Defense may’’; and 
(ii) by striking ‘‘if the President’’ and inserting 
‘‘if the Secretary of Defense, with the concurrence of 
the Secretary of State,’’; 
(B) in subsection (d)(1)— 
(i) by striking ‘‘The President may not’’ and 
inserting ‘‘The Secretary of Defense may not’’; and 
(ii) by striking ‘‘until the President’’ and inserting 
‘‘until the Secretary of Defense, with the concurrence 
of the Secretary of State,’’; 
(C) in subsection (d)(2)— 
(i) by striking ‘‘Not later than 10 days after’’ and 
inserting ‘‘Not later than 15 days prior to’’; 
(ii) by striking ‘‘the President shall’’ and inserting 
‘‘the Secretary of Defense shall’’; and 
(iii) by striking ‘‘Congress’’ and inserting ‘‘the Com-
mittee on Armed Services and the Committee on For-
eign Affairs of the House of Representatives and the 
Committee on Armed Services and the Committee on 
Foreign Relations of the Senate’’; and 
(D) in subsection (d) by adding at the end the following: 
‘‘(3) In the case of a situation that threatens human life or 
safety or where a delay would severely undermine the national 
security of the United States, notification under paragraph (2) 
shall be made not later than 10 days after obligating funds under 
the authority in subsection (a) for a project or activity.’’. 
Subtitle B—Proliferation Security 
Initiative 
SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS 
AND AUTHORITIES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress, consistent 
with the 9/11 Commission’s recommendations, that the President 
should strive to expand and strengthen the Proliferation Security 
Initiative (in this subtitle referred to as ‘‘PSI’’) announced by the 
President on May 31, 2003, with a particular emphasis on the 
following: 
(1) Issuing a presidential directive to the relevant United 
States Government agencies and departments that directs such 
agencies and departments to— 
(A) establish clear PSI authorities, responsibilities, and 
structures; 
(B) include in the budget request for each such agency 
or department for each fiscal year, a request for funds 
necessary for United States PSI-related activities; and 
50 USC 2911. 
Public safety. 
Defense and 
national security. 
Deadline. 
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121 STAT. 494 
PUBLIC LAW 110–53—AUG. 3, 2007 
(C) provide other necessary resources to achieve more 
efficient and effective performance of United States PSI- 
related activities. 
(2) Increasing PSI cooperation with all countries. 
(3) Implementing the recommendations of the Government 
Accountability Office (GAO) in the September 2006 report titled 
‘‘Better Controls Needed to Plan and Manage Proliferation 
Security Initiative Activities’’ (GAO–06–937C) regarding the 
following: 
(A) The Department of Defense and the Department 
of State should establish clear PSI roles and responsibil-
ities, policies and procedures, interagency communication 
mechanisms, documentation requirements, and indicators 
to measure program results. 
(B) The Department of Defense and the Department 
of State should develop a strategy to work with PSI-partici-
pating countries to resolve issues that are impediments 
to conducting successful PSI interdictions. 
(4) Establishing a multilateral mechanism to increase 
coordination, cooperation, and compliance among PSI-partici-
pating countries. 
(b) BUDGET SUBMISSION.— 
(1) IN GENERAL.—Each fiscal year in which activities are 
planned to be carried out under the PSI, the President shall 
include in the budget request for each participating United 
States Government agency or department for that fiscal year, 
a description of the funding and the activities for which the 
funding is requested for each such agency or department. 
(2) REPORT.—Not later than the first Monday in February 
of each year in which the President submits a budget request 
described in paragraph (1), the Secretary of Defense and the 
Secretary of State shall submit to Congress a comprehensive 
joint report setting forth the following: 
(A) A 3-year plan, beginning with the fiscal year for 
the budget request, that specifies the amount of funding 
and other resources to be provided by the United States 
for PSI-related activities over the term of the plan, 
including the purposes for which such funding and 
resources will be used. 
(B) For the report submitted in 2008, a description 
of the PSI-related activities carried out during the 3 fiscal 
years preceding the year of the report, and for the report 
submitted in 2009 and each year thereafter, a description 
of the PSI-related activities carried out during the fiscal 
year preceding the year of the report. The description shall 
include, for each fiscal year covered by the report— 
(i) the amounts obligated and expended for such 
activities and the purposes for which such amounts 
were obligated and expended; 
(ii) a description of the participation of each depart-
ment or agency of the United States Government in 
such activities; 
(iii) a description of the participation of each for-
eign country or entity in such activities; 
(iv) a description of any assistance provided to 
a foreign country or entity participating in such activi-
ties in order to secure such participation, in response 
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121 STAT. 495 
PUBLIC LAW 110–53—AUG. 3, 2007 
to such participation, or in order to improve the quality 
of such participation; and 
(v) such other information as the Secretary of 
Defense and the Secretary of State determine should 
be included to keep Congress fully informed of the 
operation and activities of the PSI. 
(3) CLASSIFICATION.—The report required by paragraph (2) 
shall be in an unclassified form but may include a classified 
annex as necessary. 
(c) IMPLEMENTATION REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the President shall transmit 
to the Committee on Armed Services and the Committee on Foreign 
Affairs of the House of Representatives and the Committee on 
Armed Services and the Committee on Foreign Relations of the 
Senate a report on the implementation of this section. The report 
shall include— 
(1) the steps taken to implement the recommendations 
described in paragraph (3) of subsection (a); and 
(2) the progress made toward implementing the matters 
described in paragraphs (1), (2), and (4) of subsection (a). 
(d) GAO REPORTS.—The Government Accountability Office shall 
submit to Congress, for each of fiscal years 2007, 2009, and 2011, 
a report with its assessment of the progress and effectiveness of 
the PSI, which shall include an assessment of the measures referred 
to in subsection (a). 
SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE 
COUNTRIES. 
(a) IN GENERAL.—The President is authorized to provide assist-
ance under subsection (b) to any country that cooperates with 
the United States and with other countries allied with the United 
States to prevent the transport and transshipment of items of 
proliferation concern in its national territory or airspace or in 
vessels under its control or registry. 
(b) TYPES OF ASSISTANCE.—The assistance authorized under 
subsection (a) consists of the following: 
(1) Assistance under section 23 of the Arms Export Control 
Act (22 U.S.C. 2763). 
(2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.) 
and 5 (22 U.S.C. 2347 et seq.) of part II of the Foreign Assist-
ance Act of 1961. 
(3) Drawdown of defense excess defense articles and serv-
ices under section 516 of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j). 
(c) 
CONGRESSIONAL
NOTIFICATION.—Assistance 
authorized 
under this section may not be provided until at least 30 days 
after the date on which the President has provided notice thereof 
to the Committee on Armed Services, the Committee on Foreign 
Affairs, and the Committee on Appropriations of the House of 
Representatives and the Committee on Armed Services, the Com-
mittee on Foreign Relations, and the Committee on Appropriations 
of the Senate, in accordance with the procedures applicable to 
reprogramming notifications under section 634A(a) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2394–1(a)), and has certified 
to such committees that such assistance will be used in accordance 
with the requirement of subsection (e) of this section. 
50 USC 2912. 
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121 STAT. 496 
PUBLIC LAW 110–53—AUG. 3, 2007 
(d) LIMITATION.—Assistance may be provided to a country under 
subsection (a) in no more than 3 fiscal years. 
(e) USE OF ASSISTANCE.—Assistance provided under this section 
shall be used to enhance the capability of the recipient country 
to prevent the transport and transshipment of items of proliferation 
concern in its national territory or airspace, or in vessels under 
its control or registry, including through the development of a 
legal framework in that country to enhance such capability by 
criminalizing proliferation, enacting strict export controls, and 
securing sensitive materials within its borders, and to enhance 
the ability of the recipient country to cooperate in PSI operations. 
(f) LIMITATION ON SHIP OR AIRCRAFT TRANSFERS.— 
(1) LIMITATION.—Except as provided in paragraph (2), the 
President may not transfer any excess defense article that 
is a vessel or an aircraft to a country that has not agreed, 
in connection with such transfer, that it will support and assist 
efforts by the United States, consistent with international law, 
to interdict items of proliferation concern until 30 days after 
the date on which the President has provided notice of the 
proposed transfer to the committees described in subsection 
(c) in accordance with the procedures applicable to reprogram-
ming notifications under section 634A(a) of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2394–1(a)), in addition to any 
other requirement of law. 
(2) EXCEPTION.—The limitation in paragraph (1) shall not 
apply to any transfer, not involving significant military equip-
ment, in which the primary use of the aircraft or vessel will 
be 
for 
counternarcotics, 
counterterrorism, 
or 
counter- 
proliferation purposes. 
Subtitle C—Assistance to Accelerate Pro-
grams to Prevent Weapons of Mass De-
struction Proliferation and Terrorism 
SEC. 1831. STATEMENT OF POLICY. 
It shall be the policy of the United States, consistent with 
the 9/11 Commission’s recommendations, to eliminate any obstacles 
to timely obligating and executing the full amount of any appro-
priated funds for threat reduction and nonproliferation programs 
in order to accelerate and strengthen progress on preventing 
weapons of mass destruction (WMD) proliferation and terrorism. 
Such policy shall be implemented with concrete measures, such 
as those described in this title, including the removal and modifica-
tion of statutory limits to executing funds, the expansion and 
strengthening of the Proliferation Security Initiative, the establish-
ment of the Office of the United States Coordinator for the Preven-
tion of Weapons of Mass Destruction Proliferation and Terrorism 
under subtitle D, and the establishment of the Commission on 
the Prevention of Weapons of Mass Destruction Proliferation and 
Terrorism under subtitle E. As a result, Congress intends that 
any funds authorized to be appropriated to programs for preventing 
WMD proliferation and terrorism under this subtitle will be 
executed in a timely manner. 
50 USC 2921. 
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121 STAT. 497 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPART-
MENT OF DEFENSE COOPERATIVE THREAT REDUCTION 
PROGRAM. 
(a) FISCAL YEAR 2008.— 
(1) IN
GENERAL.—Subject to paragraph (2), there are 
authorized to be appropriated to the Department of Defense 
Cooperative Threat Reduction Program such sums as may be 
necessary for fiscal year 2008 for the following purposes: 
(A) Chemical weapons destruction at Shchuch’ye, 
Russia. 
(B) Biological weapons proliferation prevention. 
(C) Acceleration, expansion, and strengthening of 
Cooperative Threat Reduction Program activities. 
(2) LIMITATION.—The sums appropriated pursuant to para-
graph (1) may not exceed the amounts authorized to be appro-
priated by any national defense authorization Act for fiscal 
year 2008 (whether enacted before or after the date of the 
enactment of this Act) to the Department of Defense Coopera-
tive Threat Reduction Program for such purposes. 
(b) FUTURE YEARS.—It is the sense of Congress that in fiscal 
year 2008 and future fiscal years, the President should accelerate 
and expand funding for Cooperative Threat Reduction programs 
administered by the Department of Defense and such efforts should 
include, beginning upon enactment of this Act, encouraging addi-
tional commitments by the Russian Federation and other partner 
nations, as recommended by the 9/11 Commission. 
SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPART-
MENT OF ENERGY PROGRAMS TO PREVENT WEAPONS OF 
MASS DESTRUCTION PROLIFERATION AND TERRORISM. 
(a) IN GENERAL.—Subject to subsection (b), there are authorized 
to be appropriated to Department of Energy National Nuclear Secu-
rity Administration Defense Nuclear Nonproliferation such sums 
as may be necessary for fiscal year 2008 to accelerate, expand, 
and strengthen the following programs to prevent weapons of mass 
destruction (WMD) proliferation and terrorism: 
(1) The Global Threat Reduction Initiative. 
(2) The Nonproliferation and International Security pro-
gram. 
(3) The International Materials Protection, Control and 
Accounting program. 
(4) The Nonproliferation and Verification Research and 
Development program. 
(b) LIMITATION.—The sums appropriated pursuant to subsection 
(a) may not exceed the amounts authorized to be appropriated 
by any national defense authorization Act for fiscal year 2008 
(whether enacted before or after the date of the enactment of 
this Act) to Department of Energy National Nuclear Security 
Administration Defense Nuclear Nonproliferation for such purposes. 
50 USC 2923. 
50 USC 2922. 
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121 STAT. 498 
PUBLIC LAW 110–53—AUG. 3, 2007 
Subtitle D—Office of the United States Co-
ordinator for the Prevention of Weapons 
of Mass Destruction Proliferation and 
Terrorism 
SEC. 1841. OFFICE OF THE UNITED STATES COORDINATOR FOR THE 
PREVENTION OF WEAPONS OF MASS DESTRUCTION PRO-
LIFERATION AND TERRORISM. 
(a) ESTABLISHMENT.—There is established within the Executive 
Office of the President an office to be known as the ‘‘Office of 
the United States Coordinator for the Prevention of Weapons of 
Mass Destruction Proliferation and Terrorism’’ (in this section 
referred to as the ‘‘Office’’). 
(b) OFFICERS.— 
(1) UNITED STATES COORDINATOR.—The head of the Office 
shall be the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism (in 
this section referred to as the ‘‘Coordinator’’). 
(2) DEPUTY UNITED STATES COORDINATOR.—There shall be 
a Deputy United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism (in 
this section referred to as the ‘‘Deputy Coordinator’’), who 
shall— 
(A) assist the Coordinator in carrying out the respon-
sibilities of the Coordinator under this subtitle; and 
(B) serve as Acting Coordinator in the absence of the 
Coordinator and during any vacancy in the office of Coordi-
nator. 
(3) APPOINTMENT.—The Coordinator and Deputy Coordi-
nator shall be appointed by the President, by and with the 
advice and consent of the Senate, and shall be responsible 
on a full-time basis for the duties and responsibilities described 
in this section. 
(4) LIMITATION.—No person shall serve as Coordinator or 
Deputy Coordinator while serving in any other position in 
the Federal Government. 
(5) ACCESS BY CONGRESS.—The establishment of the Office 
of the Coordinator within the Executive Office of the President 
shall not be construed as affecting access by the Congress 
or committees of either House to— 
(A) information, documents, and studies in the posses-
sion of, or conducted by or at the direction of, the Coordi-
nator; or 
(B) personnel of the Office of the Coordinator. 
(c) DUTIES.—The responsibilities of the Coordinator shall 
include the following: 
(1) Serving as the principal advisor to the President on 
all matters relating to the prevention of weapons of mass 
destruction (WMD) proliferation and terrorism. 
(2) Formulating a comprehensive and well-coordinated 
United States strategy and policies for preventing WMD pro-
liferation and terrorism, including— 
(A) measurable milestones and targets to which depart-
ments and agencies can be held accountable; 
50 USC 2931. 
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121 STAT. 499 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) identification of gaps, duplication, and other ineffi-
ciencies in existing activities, initiatives, and programs and 
the steps necessary to overcome these obstacles; 
(C) plans for preserving the nuclear security invest-
ment the United States has made in Russia, the former 
Soviet Union, and other countries; 
(D) prioritized plans to accelerate, strengthen, and 
expand the scope of existing initiatives and programs, 
which include identification of vulnerable sites and mate-
rial and the corresponding actions necessary to eliminate 
such vulnerabilities; 
(E) new and innovative initiatives and programs to 
address emerging challenges and strengthen United States 
capabilities, including programs to attract and retain top 
scientists and engineers and strengthen the capabilities 
of United States national laboratories; 
(F) plans to coordinate United States activities, initia-
tives, and programs relating to the prevention of WMD 
proliferation and terrorism, including those of the Depart-
ment of Energy, the Department of Defense, the Depart-
ment of State, and the Department of Homeland Security, 
and including the Proliferation Security Initiative, the G– 
8 Global Partnership Against the Spread of Weapons and 
Materials of Mass Destruction, United Nations Security 
Council Resolution 1540, and the Global Initiative to Com-
bat Nuclear Terrorism; 
(G) plans to strengthen United States commitments 
to international regimes and significantly improve coopera-
tion with other countries relating to the prevention of WMD 
proliferation and terrorism, with particular emphasis on 
work with the international community to develop laws 
and an international legal regime with universal jurisdic-
tion to enable any state in the world to interdict and 
prosecute smugglers of WMD material, as recommended 
by the 9/11 Commission; and 
(H) identification of actions necessary to implement 
the recommendations of the Commission on the Prevention 
of Weapons of Mass Destruction Proliferation and Ter-
rorism established under subtitle E of this title. 
(3) Leading inter-agency coordination of United States 
efforts to implement the strategy and policies described in 
this section. 
(4) Conducting oversight and evaluation of accelerated and 
strengthened implementation of initiatives and programs to 
prevent WMD proliferation and terrorism by relevant govern-
ment departments and agencies. 
(5) Overseeing the development of a comprehensive and 
coordinated budget for programs and initiatives to prevent 
WMD proliferation and terrorism, ensuring that such budget 
adequately reflects the priority of the challenges and is effec-
tively executed, and carrying out other appropriate budgetary 
authorities. 
(d) STAFF.—The Coordinator may— 
(1) appoint, employ, fix compensation, and terminate such 
personnel as may be necessary to enable the Coordinator to 
perform his or her duties under this title; 
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121 STAT. 500 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) direct, with the concurrence of the Secretary of a depart-
ment or head of an agency, the temporary reassignment within 
the Federal Government of personnel employed by such depart-
ment or agency, in order to implement United States policy 
with regard to the prevention of WMD proliferation and ter-
rorism; 
(3) use for administrative purposes, on a reimbursable 
basis, the available services, equipment, personnel, and facili-
ties of Federal, State, and local agencies; 
(4) procure the services of experts and consultants in 
accordance with section 3109 of title 5, United States Code, 
relating to appointments in the Federal Service, at rates of 
compensation for individuals not to exceed the daily equivalent 
of the rate of pay payable for a position at level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code; and 
(5) use the mails in the same manner as any other depart-
ment or agency of the executive branch. 
(e) CONSULTATION WITH COMMISSION.—The Office and the 
Coordinator shall regularly consult with and strive to implement 
the recommendations of the Commission on the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism, estab-
lished under subtitle E of this title. 
(f) ANNUAL REPORT ON STRATEGIC PLAN.—For fiscal year 2009 
and each fiscal year thereafter, the Coordinator shall submit to 
Congress, at the same time as the submission of the budget for 
that fiscal year under title 31, United States Code, a report on 
the strategy and policies developed pursuant to subsection (c)(2), 
together with any recommendations of the Coordinator for legisla-
tive changes that the Coordinator considers appropriate with respect 
to such strategy and policies and their implementation or the Office 
of the Coordinator. 
(g) PARTICIPATION IN NATIONAL SECURITY COUNCIL AND HOME-
LAND SECURITY COUNCIL.—Section 101 of the National Security 
Act of 1947 (50 U.S.C. 402) is amended— 
(1) by redesignating the last subsection (added as ‘‘(i)’’ 
by section 301 of Public Law 105–292) as subsection (k); and 
(2) by adding at the end the following: 
‘‘(l) PARTICIPATION OF COORDINATOR FOR THE PREVENTION OF 
WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.— 
The United States Coordinator for the Prevention of Weapons of 
Mass Destruction Proliferation and Terrorism (or, in the Coordina-
tor’s absence, the Deputy United States Coordinator) may, in the 
performance of the Coordinator’s duty as principal advisor to the 
President on all matters relating to the prevention of weapons 
of mass destruction proliferation and terrorism, and, subject to 
the direction of the President, attend and participate in meetings 
of the National Security Council and the Homeland Security 
Council.’’. 
SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERA-
TION AND COORDINATION ON THE PREVENTION OF 
WEAPONS OF MASS DESTRUCTION PROLIFERATION AND 
TERRORISM. 
It is the sense of the Congress that, as soon as practical, 
the President should engage the President of the Russian Federa-
tion in a discussion of the purposes and goals for the establishment 
50 USC 2932. 
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121 STAT. 501 
PUBLIC LAW 110–53—AUG. 3, 2007 
of the Office of the United States Coordinator for the Prevention 
of Weapons of Mass Destruction Proliferation and Terrorism (in 
this section referred to as the ‘‘Office’’), the authorities and respon-
sibilities of the United States Coordinator for the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism (in this 
section referred to as the ‘‘United States Coordinator’’), and the 
importance of strong cooperation between the United States Coordi-
nator and a senior official of the Russian Federation having authori-
ties and responsibilities for preventing weapons of mass destruction 
proliferation and terrorism commensurate with those of the United 
States Coordinator, and with whom the United States Coordinator 
should coordinate planning and implementation of activities within 
and outside of the Russian Federation having the purpose of pre-
venting weapons of mass destruction proliferation and terrorism. 
Subtitle E—Commission on the Prevention 
of Weapons of Mass Destruction Pro-
liferation and Terrorism 
SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION 
OF WEAPONS OF MASS DESTRUCTION PROLIFERATION 
AND TERRORISM. 
There is established the Commission on the Prevention of 
Weapons of Mass Destruction Proliferation and Terrorism (in this 
subtitle referred to as the ‘‘Commission’’). 
SEC. 1852. PURPOSES OF COMMISSION. 
(a) IN GENERAL.—The purposes of the Commission are to— 
(1) assess current activities, initiatives, and programs to 
prevent weapons of mass destruction proliferation and ter-
rorism; and 
(2) provide a clear and comprehensive strategy and concrete 
recommendations for such activities, initiatives, and programs. 
(b) IN PARTICULAR.—The Commission shall give particular 
attention to activities, initiatives, and programs to secure all nuclear 
weapons-usable material around the world and to significantly 
accelerate, expand, and strengthen, on an urgent basis, United 
States and international efforts to prevent, stop, and counter the 
spread of nuclear weapons capabilities and related equipment, mate-
rial, and technology to terrorists and states of concern. 
SEC. 1853. COMPOSITION OF COMMISSION. 
(a) MEMBERS.—The Commission shall be composed of 9 mem-
bers, of whom— 
(1) 1 member shall be appointed by the leader of the 
Senate of the Democratic Party (majority or minority leader, 
as the case may be), with the concurrence of the leader of 
the House of Representatives of the Democratic party (majority 
or minority leader as the case may be), who shall serve as 
chairman of the Commission; 
(2) 2 members shall be appointed by the senior member 
of the Senate leadership of the Democratic party; 
(3) 2 members shall be appointed by the senior member 
of the Senate leadership of the Republican party; 
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121 STAT. 502 
PUBLIC LAW 110–53—AUG. 3, 2007 
(4) 2 members shall be appointed by the senior member 
of the leadership of the House of Representatives of the Demo-
cratic party; and 
(5) 2 members shall be appointed by the senior member 
of the leadership of the House of Representatives of the Repub-
lican party. 
(b) QUALIFICATIONS.—It is the sense of Congress that individ-
uals appointed to the Commission should be prominent United 
States citizens, with significant depth of experience in the non-
proliferation or arms control fields. 
(c) DEADLINE FOR APPOINTMENT.—All members of the Commis-
sion shall be appointed within 90 days of the date of the enactment 
of this Act. 
(d) INITIAL MEETING.—The Commission shall meet and begin 
the operations of the Commission as soon as practicable. 
(e) QUORUM; VACANCIES.—After its initial meeting, the Commis-
sion shall meet upon the call of the chairman or a majority of 
its members. Six members of the Commission shall constitute a 
quorum. Any vacancy in the Commission shall not affect its powers, 
but shall be filled in the same manner in which the original appoint-
ment was made. 
SEC. 1854. RESPONSIBILITIES OF COMMISSION. 
(a) IN GENERAL.—The Commission shall address— 
(1) the roles, missions, and structure of all relevant govern-
ment departments, agencies, and other actors, including the 
Office of the United States Coordinator for the Prevention 
of Weapons of Mass Destruction Proliferation and Terrorism 
established under subtitle D of this title; 
(2) inter-agency coordination; 
(3) United States commitments to international regimes 
and cooperation with other countries; and 
(4) the threat of weapons of mass destruction proliferation 
and terrorism to the United States and its interests and allies, 
including the threat posed by black-market networks, and the 
effectiveness of the responses by the United States and the 
international community to such threats. 
(b) FOLLOW-ON BAKER-CUTLER REPORT.—The Commission shall 
also reassess, and where necessary update and expand on, the 
conclusions and recommendations of the report titled ‘‘A Report 
Card on the Department of Energy’s Nonproliferation Programs 
with Russia’’ of January 2001 (also known as the ‘‘Baker-Cutler 
Report’’) and implementation of such recommendations. 
SEC. 1855. POWERS OF COMMISSION. 
(a) HEARINGS
AND EVIDENCE.—The Commission or, on the 
authority of the Commission, any subcommittee or member thereof, 
may, for the purpose of carrying out this subtitle, hold such hearings 
and sit and act at such times and places, take such testimony, 
receive such evidence, and administer such oaths as the Commission 
or such designated subcommittee or designated member may deter-
mine advisable. 
(b) CONTRACTING.—The Commission may, to such extent and 
in such amounts as are provided in appropriations Acts, enter 
into contracts to enable the Commission to discharge its duties 
under this subtitle. 
(c) STAFF OF COMMISSION.— 
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121 STAT. 503 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) APPOINTMENT AND COMPENSATION.—The chairman of 
the Commission, in accordance with rules agreed upon by the 
Commission, may appoint and fix the compensation of a staff 
director and such other personnel as may be necessary to 
enable the Commission to carry out its functions, without 
regard to the provisions of title 5, United States Code, governing 
appointments in the competitive service, and without regard 
to the provisions of chapter 51 and subchapter III of chapter 
53 of such title relating to classification and General Schedule 
pay rates, except that no rate of pay fixed under this subsection 
may exceed the equivalent of that payable for a position at 
level V of the Executive Schedule under section 5316 of title 
5, United States Code. 
(2) PERSONNEL AS FEDERAL EMPLOYEES.— 
(A) IN
GENERAL.—The executive director and any 
employees of the Commission shall be employees under 
section 2105 of title 5, United States Code, for purposes 
of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that 
title. 
(B) MEMBERS OF COMMISSION.—Subparagraph (A) shall 
not be construed to apply to members of the Commission. 
(3) DETAILEES.—Any Federal Government employee may 
be detailed to the Commission without reimbursement from 
the Commission, and such detailee shall retain the rights, 
status, and privileges of his or her regular employment without 
interruption. 
(4) CONSULTANT SERVICES.—The Commission may procure 
the services of experts and consultants in accordance with 
section 3109 of title 5, United States Code, but at rates not 
to exceed the daily rate paid a person occupying a position 
at level IV of the Executive Schedule under section 5315 of 
title 5, United States Code. 
(5) EMPHASIS ON SECURITY CLEARANCES.—Emphasis shall 
be made to hire employees and retain contractors and detailees 
with active security clearances. 
(d) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission is authorized to secure 
directly from any executive department, bureau, agency, board, 
commission, office, independent establishment, or instrumen-
tality of the Government, information, suggestions, estimates, 
and statistics for the purposes of this subtitle. Each department, 
bureau, 
agency, 
board, 
commission, 
office, 
independent 
establishment, or instrumentality shall, to the extent author-
ized by law, furnish such information, suggestions, estimates, 
and statistics directly to the Commission, upon request made 
by the chairman, the chairman of any subcommittee created 
by a majority of the Commission, or any member designated 
by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.— 
Information shall only be received, handled, stored, and 
disseminated by members of the Commission and its staff con-
sistent with all applicable statutes, regulations, and Executive 
orders. 
(e) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.—The Adminis-
trator of General Services shall provide to the Commission 
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121 STAT. 504 
PUBLIC LAW 110–53—AUG. 3, 2007 
on a reimbursable basis administrative support and other serv-
ices for the performance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to 
the assistance prescribed in paragraph (1), departments and 
agencies of the United States may provide to the Commission 
such services, funds, facilities, staff, and other support services 
as they may determine advisable and as may be authorized 
by law. 
(f) GIFTS.—The Commission may accept, use, and dispose of 
gifts or donations of services or property. 
(g) POSTAL SERVICES.—The Commission may use the United 
States mails in the same manner and under the same conditions 
as departments and agencies of the United States. 
SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE 
ACT. 
(a) IN GENERAL.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Commission. 
(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF 
REPORTS.—The Commission shall— 
(1) hold public hearings and meetings to the extent appro-
priate; and 
(2) release public versions of the report required under 
section 1857. 
(c) PUBLIC HEARINGS.—Any public hearings of the Commission 
shall be conducted in a manner consistent with the protection 
of information provided to or developed for or by the Commission 
as required by any applicable statute, regulation, or Executive 
order. 
SEC. 1857. REPORT. 
Not later than 180 days after the appointment of the Commis-
sion, the Commission shall submit to the President and Congress 
a final report containing such findings, conclusions, and rec-
ommendations for corrective measures as have been agreed to by 
a majority of Commission members. 
SEC. 1858. TERMINATION. 
(a) IN GENERAL.—The Commission, and all the authorities of 
this subtitle, shall terminate 60 days after the date on which 
the final report is submitted under section 1857. 
(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The 
Commission may use the 60-day period referred to in subsection 
(a) for the purpose of concluding its activities, including providing 
testimony to committees of Congress concerning its report and 
disseminating the final report. 
SEC. 1859. FUNDING. 
(a) IN GENERAL.—There are authorized to be appropriated such 
sums as may be necessary for the purposes of the activities of 
the Commission under this title. 
(b) DURATION OF AVAILABILITY.—Amounts made available to 
the Commission under subsection (a) shall remain available until 
the termination of the Commission. 
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121 STAT. 505 
PUBLIC LAW 110–53—AUG. 3, 2007 
TITLE XIX—INTERNATIONAL COOPERA-
TION 
ON 
ANTITERRORISM 
TECH-
NOLOGIES 
SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH 
INTERNATIONAL COOPERATION. 
(a) FINDINGS.—Congress finds the following: 
(1) The development and implementation of technology is 
critical to combating terrorism and other high consequence 
events and implementing a comprehensive homeland security 
strategy. 
(2) The United States and its allies in the global war 
on terrorism share a common interest in facilitating research, 
development, testing, and evaluation of equipment, capabilities, 
technologies, and services that will aid in detecting, preventing, 
responding to, recovering from, and mitigating against acts 
of terrorism. 
(3) Certain United States allies in the global war on ter-
rorism, including Israel, the United Kingdom, Canada, Aus-
tralia, and Singapore have extensive experience with, and 
technological expertise in, homeland security. 
(4) The United States and certain of its allies in the global 
war on terrorism have a history of successful collaboration 
in developing mutually beneficial equipment, capabilities, tech-
nologies, and services in the areas of defense, agriculture, and 
telecommunications. 
(5) The United States and its allies in the global war 
on terrorism will mutually benefit from the sharing of techno-
logical expertise to combat domestic and international ter-
rorism. 
(6) The establishment of an office to facilitate and support 
cooperative endeavors between and among government agen-
cies, for-profit business entities, academic institutions, and non-
profit entities of the United States and its allies will safeguard 
lives and property worldwide against acts of terrorism and 
other high consequence events. 
(b) PROMOTING
ANTITERRORISM
THROUGH
INTERNATIONAL 
COOPERATION ACT.— 
(1) IN GENERAL.—Title III of the Homeland Security Act 
of 2002 (6 U.S.C. 181 et seq.) is amended by adding after 
section 316, as added by section 1101 of this Act, the following: 
‘‘SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL 
COOPERATION PROGRAM. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director 
selected under subsection (b)(2). 
‘‘(2) INTERNATIONAL
COOPERATIVE
ACTIVITY.—The term 
‘international cooperative activity’ includes— 
‘‘(A) coordinated research projects, joint research 
projects, or joint ventures; 
‘‘(B) joint studies or technical demonstrations; 
‘‘(C) coordinated field exercises, scientific seminars, 
conferences, symposia, and workshops; 
‘‘(D) training of scientists and engineers; 
6 USC 195c. 
6 USC 195c note. 
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121 STAT. 506 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(E) visits and exchanges of scientists, engineers, or 
other appropriate personnel; 
‘‘(F) exchanges or sharing of scientific and technological 
information; and 
‘‘(G) joint use of laboratory facilities and equipment. 
‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECURITY INTER-
NATIONAL COOPERATIVE PROGRAMS OFFICE.— 
‘‘(1) ESTABLISHMENT.—The Under Secretary shall establish 
the Science and Technology Homeland Security International 
Cooperative Programs Office. 
‘‘(2) DIRECTOR.—The Office shall be headed by a Director, 
who— 
‘‘(A) shall be selected, in consultation with the Assist-
ant Secretary for International Affairs, by and shall report 
to the Under Secretary; and 
‘‘(B) may be an officer of the Department serving in 
another position. 
‘‘(3) RESPONSIBILITIES.— 
‘‘(A) DEVELOPMENT
OF
MECHANISMS.—The Director 
shall be responsible for developing, in coordination with 
the Department of State and, as appropriate, the Depart-
ment of Defense, the Department of Energy, and other 
Federal agencies, understandings and agreements to allow 
and to support international cooperative activity in support 
of homeland security. 
‘‘(B) PRIORITIES.—The Director shall be responsible for 
developing, in coordination with the Office of International 
Affairs and other Federal agencies, strategic priorities for 
international cooperative activity for the Department in 
support of homeland security. 
‘‘(C) ACTIVITIES.—The Director shall facilitate the plan-
ning, development, and implementation of international 
cooperative activity to address the strategic priorities devel-
oped under subparagraph (B) through mechanisms the 
Under Secretary considers appropriate, including grants, 
cooperative agreements, or contracts to or with foreign 
public or private entities, governmental organizations, 
businesses (including small businesses and socially and 
economically disadvantaged small businesses (as those 
terms are defined in sections 3 and 8 of the Small Business 
Act (15 U.S.C. 632 and 637), respectively)), federally funded 
research and development centers, and universities. 
‘‘(D) IDENTIFICATION OF PARTNERS.—The Director shall 
facilitate the matching of United States entities engaged 
in homeland security research with non-United States enti-
ties engaged in homeland security research so that they 
may partner in homeland security research activities. 
‘‘(4) COORDINATION.—The Director shall ensure that the 
activities under this subsection are coordinated with the Office 
of International Affairs and the Department of State and, as 
appropriate, the Department of Defense, the Department of 
Energy, and other relevant Federal agencies or interagency 
bodies. The Director may enter into joint activities with other 
Federal agencies. 
‘‘(c) MATCHING FUNDING.— 
‘‘(1) IN GENERAL.— 
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121 STAT. 507 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(A) EQUITABILITY.—The Director shall ensure that 
funding and resources expended in international coopera-
tive activity will be equitably matched by the foreign 
partner government or other entity through direct funding, 
funding of complementary activities, or the provision of 
staff, facilities, material, or equipment. 
‘‘(B) GRANT MATCHING AND REPAYMENT.— 
‘‘(i) IN
GENERAL.—The Secretary may require a 
recipient of a grant under this section— 
‘‘(I) to make a matching contribution of not 
more than 50 percent of the total cost of the pro-
posed project for which the grant is awarded; and 
‘‘(II) to repay to the Secretary the amount 
of the grant (or a portion thereof), interest on 
such amount at an appropriate rate, and such 
charges for administration of the grant as the Sec-
retary determines appropriate. 
‘‘(ii) MAXIMUM AMOUNT.—The Secretary may not 
require that repayment under clause (i)(II) be more 
than 150 percent of the amount of the grant, adjusted 
for inflation on the basis of the Consumer Price Index. 
‘‘(2) FOREIGN PARTNERS.—Partners may include Israel, the 
United Kingdom, Canada, Australia, Singapore, and other allies 
in the global war on terrorism as determined to be appropriate 
by the Secretary of Homeland Security and the Secretary of 
State. 
‘‘(3) LOANS
OF
EQUIPMENT.—The Director may make or 
accept loans of equipment for research and development and 
comparative testing purposes. 
‘‘(d) FOREIGN REIMBURSEMENTS.—If the Science and Technology 
Homeland Security International Cooperative Programs Office 
participates in an international cooperative activity with a foreign 
partner on a cost-sharing basis, any reimbursements or contribu-
tions received from that foreign partner to meet its share of the 
project may be credited to appropriate current appropriations 
accounts of the Directorate of Science and Technology. 
‘‘(e) REPORT
TO CONGRESS
ON INTERNATIONAL COOPERATIVE 
ACTIVITIES.—Not later than one year after the date of enactment 
of this section, and every 5 years thereafter, the Under Secretary, 
acting through the Director, shall submit to Congress a report 
containing— 
‘‘(1) a brief description of each grant, cooperative agree-
ment, or contract made or entered into under subsection 
(b)(3)(C), including the participants, goals, and amount and 
sources of funding; and 
‘‘(2) a list of international cooperative activities underway, 
including the participants, goals, expected duration, and 
amount and sources of funding, including resources provided 
to support the activities in lieu of direct funding. 
‘‘(f) ANIMAL AND ZOONOTIC DISEASES.—As part of the inter-
national cooperative activities authorized in this section, the Under 
Secretary, in coordination with the Chief Medical Officer, the 
Department of State, and appropriate officials of the Department 
of Agriculture, the Department of Defense, and the Department 
of Health and Human Services, may enter into cooperative activities 
with foreign countries, including African nations, to strengthen 
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121 STAT. 508 
PUBLIC LAW 110–53—AUG. 3, 2007 
American preparedness against foreign animal and zoonotic dis-
eases overseas that could harm the Nation’s agricultural and public 
health sectors if they were to reach the United States. 
‘‘(g) CONSTRUCTION; AUTHORITIES
OF
THE
SECRETARY
OF 
STATE.—Nothing in this section shall be construed to alter or affect 
the following provisions of law: 
‘‘(1) Title V of the Foreign Relations Authorization Act, 
Fiscal Year 1979 (22 U.S.C. 2656a et seq.). 
‘‘(2) Section 112b(c) of title 1, United States Code. 
‘‘(3) Section 1(e)(2) of the State Department Basic Authori-
ties Act of 1956 (22 U.S.C. 2651a(e)(2)). 
‘‘(4) Sections 2 and 27 of the Arms Export Control Act 
(22 U.S.C. 2752 and 22 U.S.C. 2767). 
‘‘(5) Section 622(c) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2382(c)). 
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to carry out this section such sums as are 
necessary.’’. 
(2) TECHNICAL AND 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 316, as added by section 1101 
of this Act, the following: 
‘‘Sec. 317. Promoting antiterrorism through international cooperation program.’’. 
SEC. 1902. TRANSPARENCY OF FUNDS. 
For each Federal award (as that term is defined in section 
2 of the Federal Funding Accountability and Transparency Act 
of 2006 (31 U.S.C. 6101 note)) under this title or an amendment 
made by this title, the Director of the Office of Management and 
Budget shall ensure full and timely compliance with the require-
ments of the Federal Funding Accountability and Transparency 
Act of 2006 (31 U.S.C. 6101 note). 
TITLE XX—9/11 COMMISSION 
INTERNATIONAL IMPLEMENTATION 
SEC. 2001. SHORT TITLE. 
This title may be cited as the ‘‘9/11 Commission International 
Implementation Act of 2007’’. 
SEC. 2002. DEFINITION. 
In this title, except as otherwise provided, the term ‘‘appropriate 
congressional committees’’— 
(1) means— 
(A) the Committee on Foreign Affairs and the Com-
mittee on Appropriations of the House of Representatives; 
and 
(B) the Committee on Foreign Relations and the Com-
mittee on Appropriations of the Senate; and 
(2) includes, for purposes of subtitle D, the Committees 
on Armed Services of the House of Representatives and of 
the Senate. 
22 USC 2151 
note. 
9/11 Commission 
International 
Implementation 
Act of 2007. 
22 USC 2151 
note. 
6 USC 195c note. 
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121 STAT. 509 
PUBLIC LAW 110–53—AUG. 3, 2007 
Subtitle A—Quality Educational Opportu-
nities in Predominantly Muslim Coun-
tries. 
SEC. 2011. FINDINGS; POLICY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The report of the National Commission on Terrorist 
Attacks Upon the United States stated that ‘‘[e]ducation that 
teaches tolerance, the dignity and value of each individual, 
and respect for different beliefs is a key element in any global 
strategy to eliminate Islamist terrorism’’. 
(2) The report of the National Commission on Terrorist 
Attacks Upon the United States concluded that ensuring edu-
cational opportunity is essential to the efforts of the United 
States to defeat global terrorism and recommended that the 
United States Government ‘‘should offer to join with other 
nations in generously supporting [spending funds] . . . directly 
for building and operating primary and secondary schools in 
those Muslim states that commit to sensibly investing their 
own money in public education’’. 
(3) While Congress endorsed such a program in the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (Public 
Law 108–458), such a program has not been established. 
(b) POLICY.—It is the policy of the United States— 
(1) to work toward the goal of dramatically increasing 
the availability of modern basic education through public 
schools in predominantly Muslim countries, which will reduce 
the influence of radical madrassas and other institutions that 
promote religious extremism; 
(2) to join with other countries in generously supporting 
the International Muslim Youth Opportunity Fund authorized 
under section 7114 of the Intelligence Reform and Terrorism 
Prevention Act of 2004, as amended by section 2012 of this 
Act, with the goal of building and supporting public primary 
and secondary schools in predominantly Muslim countries that 
commit to sensibly investing the resources of such countries 
in modern public education; 
(3) to offer additional incentives to increase the availability 
of modern basic education in predominantly Muslim countries; 
and 
(4) to work to prevent financing of educational institutions 
that support radical Islamic fundamentalism. 
SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND. 
Section 7114 of the Intelligence Reform and Terrorism Preven-
tion Act of 2004 (22 U.S.C. 2228) is amended to read as follows: 
‘‘SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND. 
‘‘(a) PURPOSE.—The purpose of this section is to strengthen 
the public educational systems in predominantly Muslim countries 
by— 
‘‘(1) authorizing the establishment of an International 
Muslim Youth Educational Fund through which the United 
States dedicates resources, either through a separate fund or 
22 USC 2228 
note. 
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121 STAT. 510 
PUBLIC LAW 110–53—AUG. 3, 2007 
through an international organization, to assist those countries 
that commit to education reform; and 
‘‘(2) providing resources for the Fund and to the President 
to help strengthen the public educational systems in those 
countries. 
‘‘(b) ESTABLISHMENT OF FUND.— 
‘‘(1) AUTHORITY.—The President is authorized to establish 
an International Muslim Youth Opportunity Fund and to carry 
out programs consistent with paragraph (4) under existing 
authorities, including the Mutual Educational and Cultural 
Exchange Act of 1961 (commonly referred to as the ‘Fulbright- 
Hays Act’). 
‘‘(2) LOCATION.—The Fund may be established— 
‘‘(A) as a separate fund in the Treasury; or 
‘‘(B) through an international organization or inter-
national financial institution, such as the United Nations 
Educational, Science and Cultural Organization, the United 
Nations Development Program, or the International Bank 
for Reconstruction and Development. 
‘‘(3) TRANSFERS AND RECEIPTS.—The head of any depart-
ment, agency, or instrumentality of the United States Govern-
ment may transfer any amount to the Fund, and the Fund 
may receive funds from private enterprises, foreign countries, 
or other entities. 
‘‘(4) ACTIVITIES
OF
THE
FUND.—The Fund shall support 
programs described in this paragraph to improve the education 
environment in predominantly Muslim countries. 
‘‘(A) ASSISTANCE TO ENHANCE MODERN EDUCATIONAL 
PROGRAMS.— 
‘‘(i) The establishment in predominantly Muslim 
countries of a program of reform to create a modern 
education curriculum in the public educational systems 
in such countries. 
‘‘(ii) The establishment or modernization of edu-
cational materials to advance a modern educational 
curriculum in such systems. 
‘‘(iii) Teaching English to adults and children. 
‘‘(iv) The enhancement in predominantly Muslim 
countries of community, family, and student participa-
tion in the formulation and implementation of edu-
cation strategies and programs in such countries. 
‘‘(B) ASSISTANCE
FOR
TRAINING
AND
EXCHANGE
PRO-
GRAMS FOR TEACHERS, ADMINISTRATORS, AND STUDENTS.— 
‘‘(i) The establishment of training programs for 
teachers and educational administrators to enhance 
skills, including the establishment of regional centers 
to train individuals who can transfer such skills upon 
return to their countries. 
‘‘(ii) The establishment of exchange programs for 
teachers and administrators in predominantly Muslim 
countries and with other countries to stimulate addi-
tional ideas and reform throughout the world, including 
teacher training exchange programs focused on pri-
mary school teachers in such countries. 
‘‘(iii) The establishment of exchange programs for 
primary and secondary students in predominantly 
Muslim countries and with other countries to foster 
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121 STAT. 511 
PUBLIC LAW 110–53—AUG. 3, 2007 
understanding and tolerance and to stimulate long- 
standing relationships. 
‘‘(C) ASSISTANCE TARGETING PRIMARY AND SECONDARY 
STUDENTS.— 
‘‘(i) The establishment in predominantly Muslim 
countries of after-school programs, civic education pro-
grams, and education programs focusing on life skills, 
such as inter-personal skills and social relations and 
skills for healthy living, such as nutrition and physical 
fitness. 
‘‘(ii) The establishment in predominantly Muslim 
countries of programs to improve the proficiency of 
primary and secondary students in information tech-
nology skills. 
‘‘(D) ASSISTANCE FOR DEVELOPMENT OF YOUTH PROFES-
SIONALS.— 
‘‘(i) The establishment of programs in predomi-
nantly Muslim countries to improve vocational training 
in trades to help strengthen participation of Muslims 
and Arabs in the economic development of their coun-
tries. 
‘‘(ii) The establishment of programs in predomi-
nantly Muslim countries that target older Muslim 
youths not in school in such areas as entrepreneurial 
skills, 
accounting, 
micro-finance 
activities, 
work 
training, financial literacy, and information technology. 
‘‘(E) OTHER TYPES OF ASSISTANCE.— 
‘‘(i) The translation of foreign books, newspapers, 
reference guides, and other reading materials into local 
languages. 
‘‘(ii) The construction and equipping of modern 
community and university libraries. 
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(A) IN GENERAL.—There is authorized to be appro-
priated to the President to carry out this section such 
sums as may be necessary for fiscal years 2008, 2009, 
and 2010. 
‘‘(B) AVAILABILITY.—Amounts appropriated pursuant to 
the authorization of appropriations under subsection (a) 
are authorized to remain available until expended. 
‘‘(C) ADDITIONAL FUNDS.—Amounts authorized to be 
appropriated under subsection (a) shall be in addition to 
amounts otherwise available for such purposes. 
‘‘(6) REPORT TO CONGRESS.—Not later than 180 days after 
the date of the enactment of this section and annually there-
after until January 30, 2010, the President shall submit to 
the appropriate congressional committees a report on United 
States efforts to assist in the improvement of educational 
opportunities for predominantly Muslim children and youths, 
including the progress made toward establishing the Inter-
national Muslim Youth Opportunity Fund. 
‘‘(7) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.— 
In this subsection, the term ‘appropriate congressional commit-
tees’ means the Committee on Foreign Affairs and the Com-
mittee on Appropriations of the House of Representatives and 
the Committee on Foreign Relations and the Committee on 
Appropriations of the Senate.’’. 
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121 STAT. 512 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 2013. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than June 1 of each year until 
December 31, 2009, the Secretary of State shall submit to the 
appropriate congressional committees a report on the efforts of 
predominantly Muslim countries to increase the availability of 
modern basic education and to close educational institutions that 
promote religious extremism and terrorism. 
(b) CONTENTS.—Each report shall include— 
(1) a list of predominantly Muslim countries that are 
making serious and sustained efforts to improve the availability 
of modern basic education and to close educational institutions 
that promote religious extremism and terrorism; 
(2) a list of such countries that are making efforts to 
improve the availability of modern basic education and to close 
educational institutions that promote religious extremism and 
terrorism, but such efforts are not serious and sustained; 
(3) a list of such countries that are not making efforts 
to improve the availability of modern basic education and to 
close educational institutions that promote religious extremism 
and terrorism; and 
(4) an assessment for each country specified in each of 
paragraphs (1), (2), and (3) of the role of United States assist-
ance with respect to the efforts made or not made to improve 
the availability of modern basic education and close educational 
institutions that promote religious extremism and terrorism. 
SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMER-
ICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM 
COUNTRIES TO PROVIDE SCHOLARSHIPS. 
(a) FINDINGS.—Congress finds the following: 
(1) Section 7113 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108–458; 22 U.S.C. 2452 
note) authorized the establishment of a pilot program to provide 
grants to American-sponsored schools in predominantly Muslim 
countries so that such schools could provide scholarships to 
young people from lower-income and middle-income families 
in such countries to attend such schools, where they could 
improve their English and be exposed to a modern education. 
(2) Since the date of the enactment of that section, the 
Middle East Partnership Initiative has pursued implementation 
of that program. 
(b) EXTENSION OF PROGRAM.— 
(1) IN GENERAL.—Section 7113 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 is amended— 
(A) in the section heading by striking ‘‘PILOT’’; and 
(B) in subsection (c)— 
(i) in the subsection heading, by striking ‘‘PILOT’’; 
and 
(ii) by striking ‘‘pilot’’; 
(C) in subsection (d), by striking ‘‘pilot’’ each place 
it appears; 
(D) in subsection (f) by striking ‘‘pilot’’; 
(E) in subsection (g), in the first sentence— 
(i) by inserting ‘‘and April 15, 2008,’’ after ‘‘April 
15, 2006,’’; and 
(ii) by striking ‘‘pilot’’; and 
(F) in subsection (h)— 
22 USC 2452 
note. 
22 USC 2452c 
note. 
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121 STAT. 513 
PUBLIC LAW 110–53—AUG. 3, 2007 
(i) by striking ‘‘2005 and 2006’’ and inserting ‘‘2007 
and 2008’’; and 
(ii) by striking ‘‘pilot’’. 
(2) CONFORMING
AMENDMENT.—Section 1(b) of such Act 
is amended, in the table of contents, by striking the item 
relating to section 7113 and inserting after section 7112 the 
following new item: 
‘‘7113. Program to provide grants to American-sponsored schools in predominantly 
Muslim countries to provide scholarships.’’. 
Subtitle B—Democracy and Development 
in the Broader Middle East Region 
SEC. 2021. MIDDLE EAST FOUNDATION. 
(a) PURPOSES.—The purposes of this section are to support, 
through the provision of grants, technical assistance, training, and 
other programs, in the countries of the broader Middle East region, 
the expansion of— 
(1) civil society; 
(2) opportunities for political participation for all citizens; 
(3) protections for internationally recognized human rights, 
including the rights of women; 
(4) educational system reforms; 
(5) independent media; 
(6) policies that promote economic opportunities for citizens; 
(7) the rule of law; and 
(8) democratic processes of government. 
(b) MIDDLE EAST FOUNDATION.— 
(1) DESIGNATION.—The Secretary of State is authorized 
to designate an appropriate private, nonprofit organization that 
is organized or incorporated under the laws of the United 
States or of a State as the Middle East Foundation (referred 
to in this section as the ‘‘Foundation’’). 
(2) FUNDING.— 
(A) AUTHORITY.—The Secretary of State is authorized 
to provide funding to the Foundation through the Middle 
East Partnership Initiative of the Department of State. 
Notwithstanding any other provision of law, the Foundation 
shall use amounts provided under this paragraph to carry 
out the purposes specified in subsection (a), including 
through making grants, using such funds as an endowment, 
and providing other assistance to entities to carry out 
programs for such purposes. 
(B) FUNDING FROM OTHER SOURCES.—In determining 
the amount of funding to provide to the Foundation, the 
Secretary of State shall take into consideration the amount 
of funds that the Foundation has received from sources 
other than the United States Government. 
(3) NOTIFICATION
TO
CONGRESSIONAL
COMMITTEES.—The 
Secretary of State shall notify the appropriate congressional 
committees of the designation of an appropriate organization 
as the Foundation. 
(c) GRANTS FOR PROJECTS.— 
(1) FOUNDATION TO MAKE GRANTS.—The Secretary of State 
shall enter into an agreement with the Foundation that requires 
22 USC 2151 
note. 
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121 STAT. 514 
PUBLIC LAW 110–53—AUG. 3, 2007 
the Foundation to use the funds provided under subsection 
(b)(2) to make grants to persons or entities (other than govern-
ments or government entities) located in the broader Middle 
East region or working with local partners based in the broader 
Middle East region to carry out projects that support the pur-
poses specified in subsection (a). 
(2) CENTER
FOR
PUBLIC
POLICY.—Under the agreement 
described in paragraph (1), the Foundation may make a grant 
to an institution of higher education located in the broader 
Middle East region to create a center for public policy for 
the purpose of permitting scholars and professionals from the 
countries of the broader Middle East region and from other 
countries, including the United States, to carry out research, 
training programs, and other activities to inform public policy-
making in the broader Middle East region and to promote 
broad economic, social, and political reform for the people of 
the broader Middle East region. 
(3) APPLICATIONS FOR GRANTS.—An entity seeking a grant 
from the Foundation under this section shall submit an applica-
tion to the head of the Foundation at such time, in such 
manner, and containing such information as the head of the 
Foundation may reasonably require. 
(d) PRIVATE CHARACTER OF THE FOUNDATION.—Nothing in this 
section shall be construed to— 
(1) make the Foundation an agency or establishment of 
the United States Government, or to make the officers or 
employees of the Foundation officers or employees of the United 
States for purposes of title 5, United States Code; or 
(2) impose any restriction on the Foundation’s acceptance 
of funds from private and public sources in support of its 
activities consistent with the purposes specified in subsection 
(a). 
(e) LIMITATION ON PAYMENTS TO FOUNDATION PERSONNEL.— 
No part of the funds provided to the Foundation under this section 
shall inure to the benefit of any officer or employee of the Founda-
tion, except as salary or reasonable compensation for services. 
(f) RETENTION OF INTEREST.—The Foundation may hold funds 
provided under this section in interest-bearing accounts prior to 
the disbursement of such funds to carry out the purposes specified 
in subsection (a), and may retain for such purposes any interest 
earned without returning such interest to the Treasury of the 
United States. The Foundation may retain and use such funds 
as an endowment to carry out the purposes specified in subsection 
(a). 
(g) FINANCIAL ACCOUNTABILITY.— 
(1) INDEPENDENT PRIVATE AUDITS OF THE FOUNDATION.— 
The accounts of the Foundation shall be audited annually in 
accordance with generally accepted auditing standards by inde-
pendent certified public accountants or independent licensed 
public accountants certified or licensed by a regulatory 
authority of a State or other political subdivision of the United 
States. The report of the independent audit shall be included 
in the annual report required by subsection (h). 
(2) GAO AUDITS.—The financial transactions undertaken 
pursuant to this section by the Foundation may be audited 
by the Government Accountability Office in accordance with 
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121 STAT. 515 
PUBLIC LAW 110–53—AUG. 3, 2007 
such principles and procedures and under such rules and regu-
lations as may be prescribed by the Comptroller General of 
the United States. 
(3) AUDITS OF GRANT RECIPIENTS.— 
(A) IN
GENERAL.—A recipient of a grant from the 
Foundation shall agree to permit an audit of the books 
and records of such recipient related to the use of the 
grant funds. 
(B) RECORDKEEPING.—Such recipient shall maintain 
appropriate books and records to facilitate an audit referred 
to in subparagraph (A), including— 
(i) separate accounts with respect to the grant 
funds; 
(ii) records that fully disclose the use of the grant 
funds; 
(iii) records describing the total cost of any project 
carried out using grant funds; and 
(iv) the amount and nature of any funds received 
from other sources that were combined with the grant 
funds to carry out a project. 
(h) ANNUAL REPORTS.—Not later than January 31, 2008, and 
annually thereafter, the Foundation shall submit to the appropriate 
congressional committees and make available to the public a report 
that includes, for the fiscal year prior to the fiscal year in which 
the report is submitted, a comprehensive and detailed description 
of— 
(1) the operations and activities of the Foundation that 
were carried out using funds provided under this section; 
(2) grants made by the Foundation to other entities with 
funds provided under this section; 
(3) other activities of the Foundation to further the pur-
poses specified in subsection (a); and 
(4) the financial condition of the Foundation. 
(i) BROADER MIDDLE EAST REGION DEFINED.—In this section, 
the term ‘‘broader Middle East region’’ means Afghanistan, Algeria, 
Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, 
Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, 
United Arab Emirates, West Bank and Gaza, and Yemen. 
(j) REPEAL.—Section 534(k) of Public Law 109–102 is repealed. 
Subtitle C—Reaffirming United States 
Moral Leadership 
SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC 
DIPLOMACY. 
(a) FINDING.—Congress finds that the report of the National 
Commission on Terrorist Attacks Upon the United States stated 
that ‘‘Recognizing that Arab and Muslim audiences rely on satellite 
television and radio, the government has begun some promising 
initiatives in television and radio broadcasting to the Arab world, 
Iran, and Afghanistan. These efforts are beginning to reach large 
audiences. The Broadcasting Board of Governors has asked for 
much larger resources. It should get them.’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress that— 
22 USC 6216 
note. 
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121 STAT. 516 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) the United States needs to improve its communication 
of information and ideas to people in foreign countries, particu-
larly in countries with significant Muslim populations; and 
(2) public diplomacy should reaffirm the paramount 
commitment of the United States to democratic principles, 
including preserving the civil liberties of all the people of the 
United States, including Muslim-Americans. 
(c) SPECIAL AUTHORITY
FOR SURGE CAPACITY.—The United 
States International Broadcasting Act of 1994 (22 U.S.C. 6201 et 
seq.) is amended by adding at the end the following new section: 
‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY. 
‘‘(a) EMERGENCY AUTHORITY.— 
‘‘(1) IN GENERAL.—Whenever the President determines it 
to be important to the national interests of the United States 
and so certifies to the appropriate congressional committees, 
the President, on such terms and conditions as the President 
may determine, is authorized to direct any department, agency, 
or other entity of the United States to furnish the Broadcasting 
Board of Governors with such assistance outside the United 
States as may be necessary to provide international broad-
casting activities of the United States with a surge capacity 
to support United States foreign policy objectives during a 
crisis abroad. 
‘‘(2) SUPERSEDES EXISTING LAW.—The authority of para-
graph (1) shall supersede any other provision of law. 
‘‘(3) SURGE CAPACITY DEFINED.—In this subsection, the term 
‘surge capacity’ means the financial and technical resources 
necessary to carry out broadcasting activities in a geographical 
area during a crisis abroad. 
‘‘(4) DURATION.—The President is authorized to exercise 
the authority provided in subsection (a)(1) for a period of up 
to six months, which may be renewed for one additional six 
month period. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There are authorized to be appropriated 
to the President such sums as may be necessary for the Presi-
dent to carry out this section, except that no such amount 
may be appropriated which, when added to amounts previously 
appropriated for such purpose but not yet obligated, would 
cause such amounts to exceed $25,000,000. 
‘‘(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursu-
ant to the authorization of appropriations in this subsection 
are authorized to remain available until expended. 
‘‘(3) DESIGNATION
OF
APPROPRIATIONS.—Amounts appro-
priated pursuant to the authorization of appropriations in this 
subsection may be referred to as the ‘United States Inter-
national Broadcasting Surge Capacity Fund’. 
‘‘(c) REPORT.—The annual report submitted to the President 
and Congress by the Broadcasting Board of Governors under section 
305(a)(9) shall provide a detailed description of any activities carried 
out under this section.’’. 
SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING. 
(a) TRANSCRIPTION OF PERSIAN AND ARABIC LANGUAGE BROAD-
CASTS.—Not later than 90 days after the date of the enactment 
of this Act, the Broadcasting Board of Governors shall initiate 
a pilot project to transcribe into the English language news and 
Deadline. 
22 USC 6204 
note. 
22 USC 6216. 
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121 STAT. 517 
PUBLIC LAW 110–53—AUG. 3, 2007 
information programming broadcast by Radio Farda, Radio Sawa, 
the Persian Service of the Voice of America, and Alhurra. 
(b) RANDOM
SAMPLING; PUBLIC
AVAILABILITY.—The tran-
scription required under subsection (a) shall consist of a random 
sampling of such programming. The transcripts shall be available 
to Congress and the public on the Internet site of the Board. 
(c) REPORT.—Not later than May 1, 2008, the Chairman of 
the Broadcasting Board of Governors shall submit to the Committee 
on Foreign Affairs of the House of Representatives and Committee 
on Foreign Relations of the Senate a report on the feasibility and 
utility of continuing the pilot project required under subsection 
(a). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the ‘‘International Broadcasting Operations’’ 
account of the Broadcasting Board of Governors $2,000,000 for 
fiscal year 2008 to carry out the pilot project required under sub-
section (a). 
SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, 
AND LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM 
COUNTRIES. 
(a) REPORT; CERTIFICATION.—Not later than 30 days after the 
date of the enactment of this Act and every 180 days thereafter 
until December 31, 2009, the Secretary of State shall submit to 
the appropriate congressional committees a report on the rec-
ommendations of the National Commission on Terrorist Attacks 
Upon the United States and the policy goals described in section 
7112 of the Intelligence Reform and Terrorism Prevention Act of 
2004 (Public Law 108–458) for expanding United States scholarship, 
exchange, and library programs in predominantly Muslim countries. 
Such report shall include— 
(1) a certification by the Secretary of State that such rec-
ommendations have been implemented; or 
(2) if the Secretary of State is unable to make the certifi-
cation described in paragraph (1), a description of— 
(A) the steps taken to implement such recommenda-
tions and achieve such policy goals; 
(B) when the Secretary of State expects such rec-
ommendations to be implemented and such policy goals 
to be achieved; and 
(C) any allocation of resources or other actions by 
Congress the Secretary of State considers necessary to 
implement such recommendations and achieve such policy 
goals. 
(b) TERMINATION OF DUTY TO REPORT.—The duty to submit 
a report under subsection (a) shall terminate when the Secretary 
of State submits a certification pursuant to paragraph (1) of such 
subsection. 
SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES. 
(a) FINDINGS.—Congress finds the following: 
(1) The National Commission on Terrorist Attacks Upon 
the United States (commonly referred to as the ‘‘9/11 Commis-
sion’’) declared that the United States ‘‘should work with friends 
to develop mutually agreed-on principles for the detention and 
humane treatment of captured international terrorists who are 
not being held under a particular country’s criminal laws’’ 
and recommended that the United States engage its allies 
42 USC 2000dd 
note. 
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121 STAT. 518 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘to develop a common coalition approach toward the detention 
and humane treatment of captured terrorists’’. 
(2) A number of investigations remain ongoing by countries 
that are close United States allies in the war on terrorism 
regarding the conduct of officials, employees, and agents of 
the United States and of other countries related to conduct 
regarding detainees. 
(3) The Secretary of State has launched an initiative to 
try to address the differences between the United States and 
many of its allies regarding the treatment of detainees. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary, acting through the Legal Adviser of the Department 
of State, should continue to build on the Secretary’s efforts to 
engage United States allies to develop a common coalition approach, 
in compliance with Common Article 3 of the Geneva Conventions 
and other applicable legal principles, toward the detention and 
humane treatment of individuals detained during Operation Iraqi 
Freedom, Operation Enduring Freedom, or in connection with 
United States counterterrorist operations. 
(c) REPORTING TO CONGRESS.— 
(1) BRIEFINGS.—The Secretary of State shall keep the 
appropriate congressional committees fully and currently 
informed of the progress of any discussions between the United 
States and its allies regarding the development of the common 
coalition approach described in subsection (b). 
(2) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of State, in consultation 
with the Attorney General and the Secretary of Defense, shall 
submit to the appropriate congressional committees a report 
on any progress towards developing the common coalition 
approach described in subsection (b). 
(d) DEFINITION.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) with respect to the House of Representatives, the Com-
mittee on Foreign Affairs, the Committee on Armed Services, 
the Committee on the Judiciary, and the Permanent Select 
Committee on Intelligence; and 
(2) with respect to the Senate, the Committee on Foreign 
Relations, the Committee on Armed Services, the Committee 
on the Judiciary, and the Select Committee on Intelligence. 
Subtitle D—Strategy for the United States 
Relationship With Afghanistan, Pakistan, 
and Saudi Arabia 
SEC. 2041. AFGHANISTAN. 
(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 
(1) A democratic, stable, and prosperous Afghanistan is 
vital to the national security of the United States and to com-
bating international terrorism. 
(2) Following the ouster of the Taliban regime in 2001, 
the Government of Afghanistan, with assistance from the 
United States and the international community, has achieved 
some notable successes, including— 
(A) adopting a constitution; 
42 USC 7511 
note. 
Taliban. 
al Qaeda. 
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121 STAT. 519 
PUBLIC LAW 110–53—AUG. 3, 2007 
(B) holding presidential, parliamentary, and provincial 
council elections; 
(C) improving the protection of human rights, including 
women’s rights; and 
(D) expanding educational opportunities. 
(3) The following factors pose a serious and immediate 
threat to the stability of Afghanistan: 
(A) Taliban and anti-government forces, al Qaeda, and 
criminal networks. 
(B) Drug trafficking and corruption. 
(C) Weak institutions of administration, security, and 
justice, including pervasive lack of the rule of law. 
(D) Poverty, unemployment, and lack of provision of 
basic services. 
(4) The United States and the international community 
must significantly increase political, economic, and military 
support to Afghanistan to ensure its long-term stability and 
prosperity, and to deny violent extremist groups such as al 
Qaeda sanctuary in Afghanistan. 
(b) STATEMENTS OF POLICY.—The following shall be the policies 
of the United States: 
(1) The United States shall vigorously support the people 
and Government of Afghanistan as they continue to commit 
to the path toward a government representing and protecting 
the rights of all Afghans, and shall maintain its long-term 
commitment to the people of Afghanistan by increased assist-
ance and the continued deployment of United States troops 
in Afghanistan as long as the Government of Afghanistan sup-
ports such United States involvement. 
(2) In order to reduce the ability of the Taliban and al 
Qaeda to finance their operations through the opium trade, 
the President shall engage aggressively with the Government 
of Afghanistan, countries in the region or otherwise influenced 
by the trade and transit of narcotics, as well as North Atlantic 
Treaty Organization (NATO) partners of the United States, 
and in consultation with Congress, to assess the success of 
the current Afghan counter-narcotics strategy and to explore 
additional options for addressing the narcotics crisis in Afghani-
stan, including possible changes in rules of engagement for 
NATO and Coalition forces for participation in actions against 
narcotics trafficking and kingpins, and the provision of com-
prehensive assistance to farmers who rely on opium for their 
livelihood, including through the promotion of alternative crops 
and livelihoods. 
(3) The United States shall continue to work with and 
provide assistance to the Government of Afghanistan to 
strengthen local and national government institutions and the 
rule of law, including the training of judges and prosecutors, 
and to train and equip the Afghan National Security Forces. 
(4) The United States shall continue to call on NATO 
members participating in operations in Afghanistan to meet 
their commitments to provide forces and equipment, and to 
lift restrictions on how such forces can be deployed. 
(5) The United States shall continue to foster greater under-
standing and cooperation between the Governments of Afghani-
stan and Pakistan by taking the following actions: 
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121 STAT. 520 
PUBLIC LAW 110–53—AUG. 3, 2007 
(A) Facilitating greater communication, including 
through official mechanisms such as the Tripartite 
Commission and the Joint Intelligence Operations Center, 
and by promoting other forms of exchange between the 
parliaments and civil society of the two countries. 
(B) Urging the Government of Afghanistan to enter 
into a political dialogue with Pakistan with respect to 
all issues relating to the border between the two countries, 
with the aim of establishing a mutually-recognized and 
monitored border, open to human and economic exchange, 
and with both countries fully responsible for border secu-
rity. 
(c) STATEMENT OF CONGRESS.—Congress strongly urges that 
the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 
et seq.) be reauthorized and updated to take into account new 
developments in Afghanistan and in the region so as to demonstrate 
the continued support by the United States for the people and 
Government of Afghanistan. 
(d) EMERGENCY INCREASE IN EFFECTIVE POLICE TRAINING AND 
POLICING OPERATIONS.— 
(1) CONGRESSIONAL FINDING.—Congress finds that police 
training programs in Afghanistan have achieved far less return 
on substantial investment to date and require a substantive 
review and justification of the means and purposes of such 
assistance, consequent to any provision of additional resources. 
(2) ASSISTANCE
AUTHORIZED.—The President shall make 
increased efforts, on an urgent basis, to— 
(A) dramatically improve the capability and effective-
ness of United States and international police trainers, 
mentors, and police personnel for police training programs 
in Afghanistan, as well as develop a pretraining screening 
program; 
(B) increase the numbers of such trainers, mentors, 
and personnel only if such increase is determined to 
improve the performance and capabilities of the Afghani-
stan civil security forces; and 
(C) assist the Government of Afghanistan, in conjunc-
tion with the Afghanistan civil security forces and their 
leadership, in addressing the corruption crisis that is 
threatening to undermine Afghanistan’s future. 
(3) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, and every 6 months thereafter until 
September 30, 2010, the President shall transmit to the appro-
priate congressional committees a report on United States 
efforts to fulfill the requirements of this subsection. The report 
required by this paragraph may be transmitted concurrently 
with any similar report required by the Afghanistan Freedom 
Support Act of 2002. 
SEC. 2042. PAKISTAN. 
(a) CONGRESSIONAL FINDINGS.—Congress finds the following: 
(1) A democratic, stable, and prosperous Pakistan that 
is a full and reliable partner in the struggle against the Taliban, 
al Qaeda, and other terrorist groups, and is a responsible 
steward of its nuclear weapons and technology, is vital to 
the national security of the United States. 
22 USC 2375 
note. 
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121 STAT. 521 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) Since September 11, 2001, the Government of Pakistan 
has been a critical ally and an important partner in removing 
the Taliban regime in Afghanistan and combating al Qaeda. 
(3) Pakistan has made great sacrifices in the shared 
struggle against al Qaeda-affiliated terrorist groups, engaging 
in military operations that have led to the deaths of hundreds 
of Pakistani security personnel and enduring acts of terrorism 
that have killed hundreds of Pakistani civilians. 
(4) Publicly-stated goals of the Government of Pakistan 
and the national interests of the United States are in close 
agreement in many areas, including— 
(A) curbing the proliferation of nuclear weapons tech-
nology; 
(B) combating poverty and corruption; 
(C) 
enabling 
effective 
government 
institutions, 
including public education; 
(D) promoting democracy and the rule of law, particu-
larly at the national level; 
(E) addressing the continued presence of Taliban and 
other violent extremist forces throughout the country; 
(F) maintaining the authority of the Government of 
Pakistan in all parts of its national territory; 
(G) securing the borders of Pakistan to prevent the 
movement of militants and terrorists into other countries 
and territories; and 
(H) effectively dealing with violent extremism. 
(5) The opportunity exists for shared effort in helping to 
achieve correlative goals with the Government of Pakistan, 
particularly— 
(A) increased United States assistance to Pakistan, 
as appropriate, to achieve progress in meeting the goals 
of subparagraphs (A) through (C) of paragraph (4); 
(B) increased commitment on the part of the Govern-
ment of Pakistan to achieve the goals of paragraph (4)(D), 
particularly given continued concerns, based on the conduct 
of previous elections, regarding whether parliamentary 
elections scheduled for 2007 will be free, fair, and inclusive 
of all political parties and carried out in full accordance 
with internationally-recognized democratic norms; and 
(C) increased commitment on the part of the Govern-
ment of Pakistan to take actions described in paragraph 
(4)(E), particularly given— 
(i) the continued operation of the Taliban’s Quetta 
shura, as noted by then-North Atlantic Treaty 
Organization Supreme Allied Commander General 
James Jones in testimony before the Senate Foreign 
Relations Committee on September 21, 2006; and 
(ii) the continued operation of al Qaeda affiliates 
Lashkar-e Taiba and Jaish-e Muhammad, sometimes 
under different names, as demonstrated by the lack 
of meaningful action taken against Hafiz Muhammad 
Saeed, Maulana Masood Azhar, and other known 
leaders and members of such terrorist organizations; 
and 
(D) increased commitment on the part of the Govern-
ment of the United States in regard to working with all 
elements of Pakistan society in helping to achieve the 
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121 STAT. 522 
PUBLIC LAW 110–53—AUG. 3, 2007 
correlative goals described in subparagraphs (A) through 
(H) of paragraph (4). 
(b) STATEMENTS OF POLICY.—The following shall be the policy 
of the United States: 
(1) To maintain and deepen its friendship and long-term 
strategic relationship with Pakistan. 
(2) To work with the Government of Pakistan to combat 
international terrorism, especially in the frontier provinces of 
Pakistan, and to end the use of Pakistan as a safe haven 
for terrorist groups, including those associated with al Qaeda 
or the Taliban. 
(3) To support robust funding for programs of the United 
States Agency for International Development and the Depart-
ment of State that assist the Government of Pakistan in 
working toward the goals described in subsection (a)(4), as 
the Government of Pakistan demonstrates a clear commitment 
to building a moderate, democratic state. 
(4) To work with the international community to secure 
additional financial and political support to effectively imple-
ment the policies set forth in this subsection. 
(5) To facilitate a just resolution of the dispute over the 
territory of Kashmir, to the extent that such facilitation is 
invited and welcomed by the Governments of Pakistan and 
India and by the people of Kashmir. 
(6) To facilitate greater communication and cooperation 
between the Governments of Afghanistan and Pakistan for 
the improvement of bilateral relations and cooperation in com-
bating terrorism in both countries. 
(7) To work with the Government of Pakistan to dismantle 
existing proliferation networks and prevent the proliferation 
of nuclear technology. 
(c) STRATEGY RELATING TO PAKISTAN.— 
(1) REQUIREMENT
FOR
REPORT
ON
STRATEGY.—Not later 
than 90 days after the date of the enactment of this Act, 
the President shall transmit to the appropriate congressional 
committees a report that describes the long-term strategy of 
the United States to engage with the Government of Pakistan 
to achieve the goals described in subparagraphs (A) through 
(H) of subsection (a)(4) and to carry out the policies described 
in subsection (b). 
(2) FORM.—The report required by paragraph (1) shall be 
transmitted in unclassified form, but may include a classified 
annex, if necessary. 
(d) LIMITATION ON UNITED STATES SECURITY ASSISTANCE TO 
PAKISTAN.— 
(1) LIMITATION.—For fiscal year 2008, United States assist-
ance under chapter 2 of part II of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2311 et seq.) or section 23 of the 
Arms Export Control Act (22 U.S.C. 2763) may not be provided 
to, and a license for any item controlled under the Arms Export 
Control Act (22 U.S.C. 2751 et seq.) may not be approved 
for, Pakistan until the President transmits to the appropriate 
congressional committees a report that contains a determina-
tion of the President that the Government of Pakistan— 
(A) is committed to eliminating from Pakistani terri-
tory any organization such as the Taliban, al Qaeda, or 
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121 STAT. 523 
PUBLIC LAW 110–53—AUG. 3, 2007 
any successor, engaged in military, insurgent, or terrorist 
activities in Afghanistan; 
(B) is undertaking a comprehensive military, legal, 
economic, and political campaign to achieving the goal 
described in subparagraph (A); and 
(C) is currently making demonstrated, significant, and 
sustained progress toward eliminating support or safe 
haven for terrorists. 
(2) MEMORANDUM OF JUSTIFICATION.—The President shall 
include in the report required by paragraph (1) a memorandum 
of justification setting forth the basis for the President’s deter-
mination under paragraph (1). 
(3) FORM.—The report required by paragraph (1) and the 
memorandum of justification required by paragraph (2) shall 
be transmitted in unclassified form, but may include a classified 
annex, if necessary. 
(e) NUCLEAR PROLIFERATION.— 
(1) CONGRESSIONAL
FINDING.—Congress finds that the 
maintenance by any country of a procurement or supply net-
work for the illicit proliferation of nuclear and missile tech-
nologies would be inconsistent with that country being consid-
ered an ally of the United States. 
(2) SENSE OF CONGRESS.—It is the sense of Congress that 
the national security interest of the United States will best 
be served if the United States develops and implements a 
long-term strategy to improve the United States relationship 
with Pakistan and works with the Government of Pakistan 
to stop nuclear proliferation. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be appropriated 
to the President such sums as may be necessary to provide 
assistance described in subsection (d)(1) for Pakistan for fiscal 
year 2008 in accordance with the requirements of subsection 
(d)(1). 
(2) OTHER FUNDS.—Amounts authorized to be appropriated 
under this subsection are in addition to amounts otherwise 
available for such purposes. 
(3) DECLARATION OF POLICY.—Congress declares that the 
amount of funds appropriated pursuant to the authorization 
of appropriations under paragraph (1) and for subsequent fiscal 
years shall be determined by the extent to which the Govern-
ment of Pakistan displays demonstrable progress in— 
(A) preventing al Qaeda and other terrorist organiza-
tions from operating in the territory of Pakistan, including 
eliminating terrorist training camps or facilities, arresting 
members and leaders of terrorist organizations, and coun-
tering recruitment efforts; 
(B) preventing the Taliban from using the territory 
of Pakistan as a sanctuary from which to launch attacks 
within Afghanistan, including by arresting Taliban leaders, 
stopping cross-border incursions, and countering recruit-
ment efforts; and 
(C) 
implementing 
democratic 
reforms, 
including 
allowing free, fair, and inclusive elections at all levels 
of government in accordance with internationally-recog-
nized democratic norms, and respecting the independence 
of the press and judiciary. 
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121 STAT. 524 
PUBLIC LAW 110–53—AUG. 3, 2007 
(4) BIANNUAL REPORTS TO CONGRESS.— 
(A) IN GENERAL.—The Secretary of State shall submit 
to the appropriate congressional committees a biannual 
report describing in detail the extent to which the Govern-
ment of Pakistan has displayed demonstrable progress in 
meeting the goals described in subparagraphs (A) through 
(C) of paragraph (3). 
(B) SCHEDULE FOR SUBMISSION.—The report required 
by subparagraph (A) shall be submitted not later than 
April 15 and October 15 of each year until October 15, 
2009. 
(C) FORM.—The report required by subparagraph (A) 
shall be submitted in unclassified form, but may include 
a classified annex, if necessary. 
(g) EXTENSION OF WAIVERS.— 
(1) AMENDMENTS.—The Act entitled ‘‘An Act to authorize 
the President to exercise waivers of foreign assistance restric-
tions with respect to Pakistan through September 30, 2003, 
and for other purposes’’, approved October 27, 2001 (Public 
Law 107–57; 115 Stat. 403), is amended— 
(A) in section 1(b)— 
(i) in the heading, to read as follows: 
‘‘(b) FISCAL YEARS 2007 AND 2008—’’; and 
(ii) in paragraph (1), by striking ‘‘any provision’’ 
and all that follows through ‘‘that prohibits’’ and 
inserting ‘‘any provision of an Act making appropria-
tions for foreign operations, export financing, and 
related programs appropriations for fiscal year 2007 
or 2008 (or any other appropriations Act) that pro-
hibits’’; 
(B) in section 3(2), by striking ‘‘Such provision’’ and 
all that follows through ‘‘as are’’ and inserting ‘‘Such provi-
sion of an Act making appropriations for foreign operations, 
export financing, and related programs appropriations for 
fiscal years 2002 through 2008 (or any other appropriations 
Act) as are’’; and 
(C) in section 6, by striking ‘‘the provisions’’ and all 
that follows and inserting ‘‘the provisions of this Act shall 
terminate on October 1, 2008.’’. 
(2) EFFECTIVE DATE.—The amendments made by paragraph 
(1) take effect on October 1, 2006. 
(3) SENSE OF CONGRESS.—It is the sense of Congress that 
determinations to provide extensions of waivers of foreign 
assistance prohibitions with respect to Pakistan pursuant to 
Public Law 107–57 for fiscal years after the fiscal years speci-
fied in the amendments made by paragraph (1) to Public Law 
107–57 should be informed by demonstrable progress in 
achieving the goals described in subparagraphs (A) through 
(C) of subsection (f)(3). 
SEC. 2043. SAUDI ARABIA. 
(a) CONGRESSIONAL FINDINGS.—Congress finds that: 
(1) The National Commission on Terrorist Attacks Upon 
the United States concluded that the Kingdom of Saudi Arabia 
has ‘‘been a problematic ally in combating Islamic extremism. 
At the level of high policy, Saudi Arabia’s leaders cooperated 
with American diplomatic initiatives aimed at the Taliban or 
22 USC 2656 
note. 
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121 STAT. 525 
PUBLIC LAW 110–53—AUG. 3, 2007 
Pakistan before 9/11. At the same time, Saudi Arabia’s society 
was a place where al Qaeda raised money directly from individ-
uals and through charities. It was the society that produced 
15 of the 19 hijackers.’’. 
(2) Saudi Arabia has an uneven record in the fight against 
terrorism, especially with respect to terrorist financing, support 
for radical madrassas, a lack of political outlets for its citizens, 
and restrictions on religious pluralism, that poses a threat 
to the security of the United States, the international commu-
nity, and Saudi Arabia itself. 
(3) The National Commission on Terrorist Attacks Upon 
the United States concluded that the ‘‘problems in the U.S.- 
Saudi relationship must be confronted, openly’’. It recommended 
that the two countries build a relationship that includes a 
‘‘shared commitment to political and economic reform . . . 
and a shared interest in greater tolerance and cultural respect, 
translating into a commitment to fight the violent extremists 
who foment hatred’’. 
(4) The United States has a national security interest in 
working with the Government of Saudi Arabia to combat inter-
national terrorists that operate within that country or that 
operate outside Saudi Arabia with the support of citizens of 
Saudi Arabia. 
(5) The United States and Saudi Arabia established a Stra-
tegic Dialogue in 2005, which provides a framework for the 
two countries to discuss a range of bilateral issues at high 
levels, including counterterrorism policy and political and eco-
nomic reforms. 
(6) It is in the national security interest of the United 
States to support the Government of Saudi Arabia in under-
taking a number of political and economic reforms, including 
increasing anti-terrorism operations conducted by law enforce-
ment agencies, providing more political and religious rights 
to its citizens, increasing the rights of women, engaging in 
comprehensive educational reform, enhancing monitoring of 
charitable organizations, and promulgating and enforcing 
domestic laws and regulation on terrorist financing. 
(b) STATEMENT
OF POLICY.—It is the policy of the United 
States— 
(1) to engage with the Government of Saudi Arabia to 
openly confront the issue of terrorism, as well as other problem-
atic issues such as the lack of political freedoms; 
(2) to enhance counterterrorism cooperation with the 
Government of Saudi Arabia; and 
(3) to support the efforts of the Government of Saudi Arabia 
to make political, economic, and social reforms, including 
greater religious freedom, throughout the country. 
(c) PROGRESS
IN COUNTERTERRORISM
AND OTHER COOPERA-
TION.— 
(1) REPORT.—Not later than 180 days after the date of 
the enactment of this Act, the President shall transmit to 
the appropriate congressional committees a report that— 
(A) describes the long-term strategy of the United 
States— 
(i) to engage with the Government of Saudi Arabia 
to facilitate political, economic, and social reforms, 
including greater religious freedom, that will enhance 
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121 STAT. 526 
PUBLIC LAW 110–53—AUG. 3, 2007 
the ability of the Government of Saudi Arabia to com-
bat international terrorism; and 
(ii) to work with the Government of Saudi Arabia 
to combat terrorism, including through effective meas-
ures to prevent and prohibit the financing of terrorists 
by Saudi institutions and citizens; and 
(B) provides an assessment of the progress made by 
Saudi Arabia since 2001 on the matters described in 
subparagraph (A), including— 
(i) whether Saudi Arabia has become a party to 
the International Convention for the Suppression of 
the Financing of Terrorism; and 
(ii) the activities and authority of the Saudi Non-
governmental National Commission for Relief and 
Charity Work Abroad. 
(2) FORM.—The report required by paragraph (1) shall be 
transmitted in unclassified form, but may include a classified 
annex, if necessary. 
TITLE XXI—ADVANCING DEMOCRATIC 
VALUES 
SEC. 2101. SHORT TITLE. 
This title may be cited as the ‘‘Advance Democratic Values, 
Address Nondemocratic Countries, and Enhance Democracy Act 
of 2007’’ or the ‘‘ADVANCE Democracy Act of 2007’’. 
SEC. 2102. FINDINGS. 
Congress finds the following: 
(1) The United States Declaration of Independence, the 
United States Constitution, and the United Nations Universal 
Declaration of Human Rights declare that all human beings 
are created equal and possess certain rights and freedoms, 
including the fundamental right to participate in the political 
life and government of their respective countries. 
(2) The development of democracy constitutes a long-term 
challenge that goes through unique phases and paces in indi-
vidual countries as such countries develop democratic institu-
tions such as a thriving civil society, a free media, and an 
independent judiciary, and must be led from within such coun-
tries, 
including 
by 
nongovernmental 
and 
governmental 
reformers. 
(3) Individuals, nongovernmental organizations, and move-
ments that support democratic principles, practices, and values 
are under increasing pressure from some governments of non-
democratic countries (as well as, in some cases, from govern-
ments of democratic transition countries), including by using 
administrative and regulatory mechanisms to undermine the 
activities of such individuals, organizations, and movements. 
(4) Democratic countries have a number of instruments 
available for supporting democratic reformers who are com-
mitted to promoting effective, nonviolent change in nondemo-
cratic countries and who are committed to keeping their coun-
tries on the path to democracy. 
(5) United States efforts to promote democracy and protect 
human rights can be strengthened to improve assistance for 
22 USC 8201 
note. 
22 USC 8201 
note. 
Advance 
Democratic 
Values, Address 
Nondemocratic 
Countries, and 
Enhance 
Democracy Act 
of 2007. 
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121 STAT. 527 
PUBLIC LAW 110–53—AUG. 3, 2007 
such reformers, including through an enhanced role for United 
States diplomats when properly trained and given the right 
incentives. 
(6) The promotion of democracy requires a broad-based 
effort with cooperation between all democratic countries, 
including through the Community of Democracies. 
SEC. 2103. STATEMENT OF POLICY. 
It is the policy of the United States— 
(1) to promote freedom and democracy in foreign countries 
as a fundamental component of United States foreign policy, 
along with other key foreign policy goals; 
(2) to affirm fundamental freedoms and internationally rec-
ognized human rights in foreign countries, as reflected in the 
Universal Declaration of Human Rights and the International 
Covenant on Civil and Political Rights, and to condemn offenses 
against those freedoms and rights as a fundamental component 
of United States foreign policy, along with other key foreign 
policy goals; 
(3) to protect and promote such fundamental freedoms and 
rights, including the freedoms of association, of expression, 
of the press, and of religion, and the right to own private 
property; 
(4) to commit to the long-term challenge of promoting uni-
versal 
democracy 
by 
promoting 
democratic 
institutions, 
including institutions that support the rule of law (such as 
an independent judiciary), an independent and professional 
media, strong legislatures, a thriving civil society, transparent 
and professional independent governmental auditing agencies, 
civilian control of the military, and institutions that promote 
the rights of minorities and women; 
(5) to use instruments of United States influence to support, 
promote, and strengthen democratic principles, practices, and 
values, including the right to free, fair, and open elections, 
secret balloting, and universal suffrage, including by— 
(A) providing appropriate support to individuals, non-
governmental organizations, and movements located in 
nondemocratic countries that aspire to live in freedom and 
establish full democracy in such countries; and 
(B) providing political, economic, and other support 
to foreign countries and individuals, nongovernmental 
organizations, and movements that are willingly under-
taking a transition to democracy; and 
(6) to strengthen cooperation with other democratic coun-
tries in order to better promote and defend shared values 
and ideals. 
SEC. 2104. DEFINITIONS. 
In this title: 
(1) ANNUAL REPORT ON ADVANCING FREEDOM AND DEMOC-
RACY.—The term ‘‘Annual Report on Advancing Freedom and 
Democracy’’ refers to the annual report submitted to Congress 
by the Department of State pursuant to section 665(c) of the 
Foreign Relations Authorization Act, Fiscal Year 2003 (Public 
Law 107–228; 22 U.S.C. 2151n note), in which the Department 
reports on actions taken by the United States Government 
to encourage respect for human rights and democracy. 
22 USC 8203. 
22 USC 8202. 
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121 STAT. 528 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 
‘‘appropriate congressional committees’’ means the Committee 
on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate. 
(3) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’ 
means the Assistant Secretary of State for Democracy, Human 
Rights, and Labor. 
(4) COMMUNITY
OF
DEMOCRACIES
AND
COMMUNITY.—The 
terms ‘‘Community of Democracies’’ and ‘‘Community’’ mean 
the association of democratic countries committed to the global 
promotion of democratic principles, practices, and values, which 
held its First Ministerial Conference in Warsaw, Poland, in 
June 2000. 
(5) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of State. 
(6) NONDEMOCRATIC COUNTRY OR DEMOCRATIC TRANSITION 
COUNTRY.—The term ‘‘nondemocratic country’’ or ‘‘democratic 
transition country’’ shall include any country which is not gov-
erned by a fully functioning democratic form of government, 
as determined by the Secretary, taking into account the general 
consensus regarding the status of civil and political rights 
in a country by major nongovernmental organizations that con-
duct assessments of such conditions in countries and whether 
the country exhibits the following characteristics: 
(A) All citizens of such country have the right to, 
and are not restricted in practice from, fully and freely 
participating in the political life of such country. 
(B) The national legislative body of such country and, 
if directly elected, the head of government of such country, 
are chosen by free, fair, open, and periodic elections, by 
universal and equal suffrage, and by secret ballot. 
(C) More than one political party in such country has 
candidates who seek elected office at the national level 
and such parties are not restricted in their political activi-
ties or their process for selecting such candidates, except 
for reasonable administrative requirements commonly 
applied in countries categorized as fully democratic. 
(D) All citizens in such country have a right to, and 
are not restricted in practice from, fully exercising such 
fundamental freedoms as the freedom of expression, con-
science, and peaceful assembly and association, and such 
country has a free, independent, and pluralistic media. 
(E) The current government of such country did not 
come to power in a manner contrary to the rule of law. 
(F) Such country possesses an independent judiciary 
and the government of such country generally respects 
the rule of law. 
(G) Such country does not violate other core principles 
enshrined in the United Nations Charter, the Universal 
Declaration of Human Rights, the International Covenant 
on Civil and Political Rights, United Nations Commission 
on Human Rights Resolution 1499/57 (entitled ‘‘Promotion 
of the Right to Democracy’’), and the United Nations Gen-
eral Assembly Resolution 55/96 (entitled ‘‘Promoting and 
consolidating democracy’’). 
(H) As applicable, whether the country has scored 
favorably on the political, civil liberties, corruption, and 
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121 STAT. 529 
PUBLIC LAW 110–53—AUG. 3, 2007 
rule of law indicators used to determine eligibility for finan-
cial assistance disbursed from the Millennium Challenge 
Account. 
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of State. 
Subtitle A—Activities to Enhance the 
Promotion of Democracy 
SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE. 
(a) DEMOCRACY LIAISON OFFICERS.— 
(1) IN GENERAL.—The Secretary of State shall establish 
and staff Democracy Liaison Officer positions. Democracy Liai-
son Officers shall serve under the supervision of the Assistant 
Secretary. Democracy Liaison Officers may be assigned to the 
following posts: 
(A) United States missions to, or liaisons with, regional 
and multilateral organizations, including the United States 
missions to the European Union, African Union, Organiza-
tion of American States, and any other appropriate regional 
organization, the Organization for Security and Coopera-
tion in Europe, the United Nations and its relevant special-
ized agencies, and the North Atlantic Treaty Organization. 
(B) Regional public diplomacy centers of the Depart-
ment of State. 
(C) United States combatant commands. 
(D) Other posts as designated by the Secretary. 
(2) RESPONSIBILITIES.—Each Democracy Liaison Officer 
should— 
(A) provide expertise on effective approaches to pro-
mote and build democracy; 
(B) assist in formulating and implementing strategies 
for transitions to democracy; and 
(C) carry out such other responsibilities as the Sec-
retary or the Assistant Secretary may assign. 
(3) NEW
POSITIONS.—To the fullest extent practicable, 
taking into consideration amounts appropriated to carry out 
this subsection and personnel available for assignment to the 
positions described in paragraph (1), the Democracy Liaison 
Officer positions established under subsection (a) shall be new 
positions that are in addition to existing positions with responsi-
bility for other human rights and democracy related issues 
and programs, including positions with responsibility for labor 
issues. 
(4) RELATIONSHIP TO OTHER AUTHORITIES.—Nothing in this 
subsection may be construed as altering any authority or 
responsibility of a chief of mission or other employee of a 
diplomatic mission of the United States provided under any 
other provision of law, including any authority or responsibility 
for the development or implementation of strategies to promote 
democracy. 
(b) OFFICE RELATED TO DEMOCRATIC MOVEMENTS AND TRANSI-
TIONS.— 
(1) ESTABLISHMENT.—There shall be identified within the 
Bureau of Democracy, Human Rights, and Labor of the Depart-
ment at least one office that shall be responsible for working 
22 USC 8211. 
Establishment. 
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121 STAT. 530 
PUBLIC LAW 110–53—AUG. 3, 2007 
with democratic movements and facilitating the transition to 
full democracy of nondemocratic countries and democratic 
transition countries. 
(2) RESPONSIBILITIES.—The Assistant Secretary shall, 
including by acting through the office or offices identified pursu-
ant to paragraph (1)— 
(A) provide support for Democratic Liaison Officers 
established under subsection (a); 
(B) develop relations with, consult with, and provide 
assistance to nongovernmental organizations, individuals, 
and movements that are committed to the peaceful pro-
motion of democracy and fundamental rights and freedoms, 
including fostering relationships with the United States 
Government and the governments of other democratic coun-
tries; and 
(C) assist officers and employees of regional bureaus 
of the Department to develop strategies and programs to 
promote peaceful change in nondemocratic countries and 
democratic transition countries. 
(3) LIAISON.—Within the Bureau of Democracy, Human 
Rights, and Labor, the Assistant Secretary shall identify officers 
or employees who have expertise in and shall be responsible 
for working with nongovernmental organizations, individuals, 
and movements that develop relations with, consult with, and 
provide assistance to nongovernmental organizations, individ-
uals, and movements in foreign countries that are committed 
to the peaceful promotion of democracy and fundamental rights 
and freedoms. 
(c) ACTIONS
BY CHIEFS
OF MISSION.—Each chief of mission 
in each nondemocratic country or democratic transition country 
should— 
(1) develop, as part of annual program planning, a strategy 
to promote democratic principles, practices, and values in each 
such foreign country and to provide support, as appropriate, 
to nongovernmental organizations, individuals, and movements 
in each such country that are committed to democratic prin-
ciples, practices, and values, such as by— 
(A) consulting and coordinating with and providing 
support to such nongovernmental organizations, individ-
uals, and movements regarding the promotion of democ-
racy; 
(B) issuing public condemnations of violations of inter-
nationally recognized human rights, including violations 
of religious freedom, and visiting local landmarks and other 
local sites associated with nonviolent protest in support 
of democracy and freedom from oppression; and 
(C) holding periodic meetings with such nongovern-
mental organizations, individuals, and movements to dis-
cuss democracy and political, social, and economic free-
doms; 
(2) hold ongoing discussions with the leaders of each such 
nondemocratic country or democratic transition country 
regarding progress toward a democratic system of governance 
and the development of political, social, and economic freedoms 
and respect for human rights, including freedom of religion 
or belief, in such country; and 
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121 STAT. 531 
PUBLIC LAW 110–53—AUG. 3, 2007 
(3) conduct meetings with civil society, interviews with 
media that can directly reach citizens of each such country, 
and discussions with students and young people of each such 
country regarding progress toward a democratic system of 
governance and the development of political, social, and eco-
nomic freedoms in each such country. 
(d) RECRUITMENT.—The Secretary should seek to increase the 
proportion of members of the Foreign Service who serve in the 
Bureau of Democracy, Human Rights, and Labor. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated to the Secretary such sums as may be necessary 
to carry out this section. 
SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM. 
(a) REQUIREMENT FOR PROGRAM.—The Secretary shall establish 
a Democracy Fellowship Program to enable officers of the Depart-
ment to gain an additional perspective on democracy promotion 
in foreign countries by working on democracy issues in appropriate 
congressional offices or congressional committees with oversight 
over the subject matter of this title, including the Committee on 
Foreign Affairs and the Committee on Appropriations of the House 
of Representatives and the Committee on Foreign Relations and 
the Committee on Appropriations of the Senate, and international 
or nongovernmental organizations involved in democracy promotion. 
(b) SELECTION AND PLACEMENT.—The Assistant Secretary shall 
play a central role in the selection of Democracy Fellows and 
facilitate their placement in appropriate congressional offices, 
congressional committees, international organizations, and non-
governmental organizations. 
SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL 
HUMANITARIAN LAW. 
(a) IN GENERAL.—The President, with the assistance of the 
Secretary, the Under Secretary of State for Democracy and Global 
Affairs, and the Ambassador-at-Large for War Crimes Issues, shall 
collect information regarding incidents that may constitute crimes 
against humanity, genocide, slavery, or other violations of inter-
national humanitarian law. 
(b) ACCOUNTABILITY.—The President shall consider what 
actions can be taken to ensure that any government of a country 
or the leaders or senior officials of such government who are respon-
sible for crimes against humanity, genocide, slavery, or other viola-
tions of international humanitarian law identified under subsection 
(a) are brought to account for such crimes in an appropriately 
constituted tribunal. 
Subtitle B—Strategies and Reports on 
Human Rights and the Promotion of De-
mocracy 
SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT. 
(a) EXPANSION OF COUNTRY-SPECIFIC STRATEGIES TO PROMOTE 
DEMOCRACY.— 
22 USC 8221. 
22 USC 8213. 
22 USC 8212. 
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121 STAT. 532 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) COMMENDATION.—Congress commends the Secretary for 
the ongoing work by the Department to develop country-specific 
strategies for promoting democracy. 
(2) EXPANSION.—The Secretary shall expand the develop-
ment of such strategies to all nondemocratic countries and 
democratic transition countries. 
(3) BRIEFINGS.—The Secretary shall keep the appropriate 
congressional committees fully and currently informed as such 
strategies are developed. 
(b) REPORT TITLE.—Section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 
2151n note) is amended, in the first sentence, by inserting ‘‘entitled 
the Annual Report on Advancing Freedom and Democracy’’ before 
the period at the end. 
(c) ENHANCED REPORT.—The Annual Report on Advancing 
Freedom and Democracy shall include, as appropriate— 
(1) United States priorities for the promotion of democracy 
and the protection of human rights for each nondemocratic 
country and democratic transition country, developed in con-
sultation with relevant parties in such countries; and 
(2) specific actions and activities of chiefs of missions and 
other United States officials to promote democracy and protect 
human rights in each such country. 
(d) SCHEDULE OF SUBMISSION.—Section 665(c) of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107– 
228; 22 U.S.C. 2151n note) is amended, in the second sentence, 
by striking ‘‘30 days’’ and inserting ‘‘90 days’’. 
SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS. 
(a) IN GENERAL.—The Secretary shall continue to expand the 
timely translation of the applicable parts of the Country Reports 
on Human Rights Practices required under sections 116(d) and 
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) 
and 2304(b)), the Annual Report on International Religious Freedom 
required under section 102(b) of the International Religious 
Freedom Act of 1998 (22 U.S.C. 6412(b)), the Trafficking in Persons 
Report required under section 110(b) of the Trafficking Victims 
Protection Act of 2000 (22 U.S.C. 7107(b)), and any separate report 
on democracy and human rights policy submitted in accordance 
with section 665(c) of the Foreign Relations Authorization Act, 
Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2151n note) 
into the principal languages of as many countries as possible, with 
particular emphasis on nondemocratic countries, democratic transi-
tion countries, and countries in which extrajudicial killings, torture, 
or other serious violations of human rights have occurred. 
(b) REPORT.— 
(1) REQUIREMENT.—Not later than April 1, 2008, and 
annually thereafter through 2010, the Secretary shall submit 
to the appropriate congressional committees a report describing 
any translations of the reports specified in subsection (a) for 
the preceding year, including which of such reports have been 
translated into which principal languages and the countries 
in which such translations have been distributed by posting 
on a relevant website or elsewhere. 
(2) FORM.—The report required under paragraph (1) may 
be included in any separate report on democracy and human 
22 USC 8222. 
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121 STAT. 533 
PUBLIC LAW 110–53—AUG. 3, 2007 
rights policy submitted in accordance with section 665(c) of 
the Foreign Relations Authorization Act, Fiscal Year 2003. 
Subtitle C—Advisory Committee on De-
mocracy Promotion and the Internet 
Website of the Department of State 
SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION. 
Congress commends the Secretary for creating an Advisory 
Committee on Democracy Promotion, and it is the sense of Congress 
that the Committee should play a significant role in the Depart-
ment’s transformational diplomacy by advising the Secretary 
regarding United States efforts to promote democracy and demo-
cratic 
transition 
in 
connection 
with 
the 
formulation 
and 
implementation of United States foreign policy and foreign assist-
ance, including reviewing and making recommendations on— 
(1) how to improve the capacity of the Department to 
promote democracy and human rights; and 
(2) how to improve foreign assistance programs related 
to the promotion of democracy. 
SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE 
OF THE DEPARTMENT OF STATE. 
It is the sense of Congress that in order to facilitate access 
by individuals, nongovernmental organizations, and movements in 
foreign countries to documents, streaming video and audio, and 
other media regarding democratic principles, practices, and values, 
and the promotion and strengthening of democracy, the Secretary 
should take additional steps to enhance the Internet site for global 
democracy and human rights of the Department, which should 
include, where practicable, the following: 
(1) Narratives and histories, published by the United States 
Government, of significant democratic movements in foreign 
countries, particularly regarding successful nonviolent cam-
paigns to promote democracy in non-democratic countries and 
democratic transition countries. 
(2) Narratives, published by the United States Government, 
relating to the importance of the establishment of and respect 
for internationally recognized human rights, democratic prin-
ciples, practices, and values, and other fundamental freedoms. 
(3) Major human rights reports by the United States 
Government, including translations of such materials, as appro-
priate. 
(4) Any other documents, references, or links to appropriate 
external Internet websites (such as websites of international 
or nongovernmental organizations), including references or 
links to training materials, narratives, and histories regarding 
successful democratic movements. 
22 USC 8232. 
22 USC 8231. 
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121 STAT. 534 
PUBLIC LAW 110–53—AUG. 3, 2007 
Subtitle D—Training in Democracy and 
Human Rights; Incentives 
SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTEC-
TION OF HUMAN RIGHTS. 
(a) IN GENERAL.—The Secretary shall continue to enhance 
training for members of the Foreign Service and civil service respon-
sible for the promotion of democracy and the protection of human 
rights. Such training shall include appropriate instruction and 
training materials regarding: 
(1) International documents and United States policy 
regarding the promotion of democracy and respect for human 
rights. 
(2) United States policy regarding the promotion and 
strengthening of democracy around the world, with particular 
emphasis on the transition to democracy in nondemocratic coun-
tries and democratic transition countries. 
(3) For any member, chief of mission, or deputy chief of 
mission who is to be assigned to a nondemocratic country 
or democratic transition country, ways to promote democracy 
in such country and to assist individuals, nongovernmental 
organizations, and movements in such country that support 
democratic principles, practices, and values. 
(4) The protection of internationally recognized human 
rights (including the protection of religious freedom) and stand-
ards related to such rights, provisions of United States law 
related to such rights, diplomatic tools to promote respect for 
such rights, and the protection of individuals who have fled 
their countries due to violations of such rights. 
(b) CONSULTATION.—The Secretary, acting through the Director 
of the National Foreign Affairs Training Center of the Foreign 
Service Institute of the Department, shall consult, as appropriate, 
with nongovernmental organizations involved in the protection and 
promotion of such rights and the United States Commission on 
International Religious Freedom with respect to the training 
required by this subsection. 
(c) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall submit to the appropriate 
congressional committees a report containing a description of the 
current and planned training provided to Foreign Service officers 
in human rights and democracy promotion, including such training 
provided to chiefs of mission serving or preparing to serve in non-
democratic countries or democratic transition countries. 
SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY 
AWARD. 
It is the sense of Congress that— 
(1) the Secretary should further strengthen the capacity 
of the Department to carry out results-based democracy pro-
motion efforts through the establishment of an annual award 
to be known as the ‘‘Outstanding Achievements in Advancing 
Democracy Award’’, or the ‘‘ADVANCE Democracy Award’’, that 
would be awarded to officers or employees of the Department; 
and 
22 USC 8242. 
22 USC 8241. 
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121 STAT. 535 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) the Secretary should establish procedures for selecting 
recipients of such award, including any financial terms associ-
ated with such award. 
SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE. 
In addition to the awards and other incentives already imple-
mented, the Secretary should increase incentives for members of 
the Foreign Service and other employees of the Department who 
take assignments relating to the promotion of democracy and the 
protection of human rights, including the following: 
(1) Providing performance pay under section 405 of the 
Foreign Service Act of 1980 (22 U.S.C. 3965) to such members 
and employees who carry out their assignment in an out-
standing manner. 
(2) Considering such an assignment as a basis for pro-
motion into the Senior Foreign Service. 
(3) Providing Foreign Service Awards under section 614 
of the Foreign Service Act of 1980 (22 U.S.C. 4013) to such 
members and employees who provide distinguished or meri-
torious service in the promotion of democracy or the protection 
of human rights. 
Subtitle E—Cooperation With Democratic 
Countries 
SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States should cooperate with other democratic countries 
to— 
(1) promote and protect democratic principles, practices, 
and values; 
(2) promote and protect shared political, social, and eco-
nomic freedoms, including the freedoms of association, of 
expression, of the press, of religion, and to own private property; 
(3) promote and protect respect for the rule of law; 
(4) develop, adopt, and pursue strategies to advance 
common interests in international organizations and multilat-
eral institutions to which members of cooperating democratic 
countries belong; and 
(5) provide political, economic, and other necessary support 
to countries that are undergoing a transition to democracy. 
(b) COMMUNITY OF DEMOCRACIES.— 
(1) SENSE OF CONGRESS.—It is the sense of Congress that— 
(A) the Community of Democracies should develop a 
more formal mechanism for carrying out work between 
ministerial meetings, such as through the creation of a 
permanent secretariat with appropriate staff to carry out 
such work, and should establish a headquarters; and 
(B) nondemocratic countries should not participate in 
any association or group of democratic countries aimed 
at working together to promote democracy. 
(2) DETAIL OF PERSONNEL.—The Secretary is authorized 
to detail on a nonreimbursable basis any employee of the 
Department to any permanent secretariat of the Community 
of Democracies or to the government of any country that is 
22 USC 8251. 
22 USC 8243. 
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121 STAT. 536 
PUBLIC LAW 110–53—AUG. 3, 2007 
a member of the Convening Group of the Community of Democ-
racies. 
(c) ESTABLISHMENT OF AN OFFICE FOR MULTILATERAL DEMOC-
RACY PROMOTION.—The Secretary should establish an office of 
multilateral democracy promotion with the mission to further 
develop and strengthen the institutional structure of the Commu-
nity of Democracies, develop interministerial projects, enhance the 
United Nations Democracy Caucus, manage policy development 
of the United Nations Democracy Fund, and enhance coordination 
with other regional and multilateral bodies with jurisdiction over 
democracy issues. 
(d) INTERNATIONAL CENTER FOR DEMOCRATIC TRANSITION.— 
(1) SENSE OF CONGRESS.—It is the sense of Congress that 
the International Center for Democratic Transition, an initia-
tive of the Government of Hungary, serves to promote practical 
projects and the sharing of best practices in the area of democ-
racy promotion and should be supported by, in particular, the 
United States, other European countries with experiences in 
democratic transitions, and private individuals. 
(2) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated $1,000,000 for each of fiscal years 
2008, 2009, and 2010 to the Secretary for a grant to the 
International Center for Democratic Transition. Amounts 
appropriated under this paragraph are authorized to remain 
available until expended. 
Subtitle F—Funding for Promotion of 
Democracy 
SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND. 
(a) SENSE
OF CONGRESS.—It is the sense of Congress that 
the United States should work with other countries to enhance 
the goals and work of the United Nations Democracy Fund, an 
essential tool to promote democracy, and in particular support 
civil society in foreign countries in their efforts to help consolidate 
democracy and bring about transformational change. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated $14,000,000 for each of fiscal years 2008 and 
2009 to the Secretary for a United States contribution to the United 
Nations Democracy Fund. 
SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS. 
(a) SENSE OF CONGRESS REGARDING USE OF INSTRUMENTS OF 
DEMOCRACY PROMOTION.—It is the sense of Congress that— 
(1) United States support for democracy is strengthened 
by using a variety of different instrumentalities, such as the 
National Endowment for Democracy, the United States Agency 
for International Development, and the Department; and 
(2) the purpose of the Department’s Human Rights and 
Democracy Fund should be to support innovative programming, 
media, and materials designed to uphold democratic principles, 
practices, and values, support and strengthen democratic 
institutions, promote human rights and the rule of law, and 
build civil societies in countries around the world. 
(b) SENSE OF CONGRESS REGARDING MECHANISMS FOR DELIV-
ERING ASSISTANCE.— 
22 USC 8262. 
22 USC 8261. 
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121 STAT. 537 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) FINDINGS.—Congress finds the following: 
(A) Democracy assistance has many different forms, 
including assistance to promote the rule of law, build the 
capacity of civil society, political parties, and legislatures, 
improve the independence of the media and the judiciary, 
enhance independent auditing functions, and advance secu-
rity sector reform. 
(B) There is a need for greater clarity on the coordina-
tion and delivery mechanisms for United States democracy 
assistance. 
(2) SENSE OF CONGRESS.—It is the sense of Congress that 
the Secretary and the Administrator of the United States 
Agency for International Development should develop guide-
lines, in consultation with the appropriate congressional 
committees, building on the existing framework for grants, 
cooperative agreements, contracts, and other acquisition mecha-
nisms to guide United States missions in foreign countries 
in coordinating United States democracy assistance and 
selecting the appropriate combination of such mechanisms for 
such assistance. 
TITLE XXII—INTEROPERABLE 
EMERGENCY COMMUNICATIONS 
SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS. 
(a) IN GENERAL.—Section 3006 of Public Law 109–171 (47 
U.S.C. 309 note) is amended— 
(1) by striking paragraphs (1) and (2) of subsection (a) 
and inserting the following: 
‘‘(1) may take such administrative action as is necessary 
to establish and implement— 
‘‘(A) a grant program to assist public safety agencies 
in the planning and coordination associated with, the 
acquisition of, deployment of, or training for the use of 
interoperable communications equipment, software and 
systems that— 
‘‘(i) utilize reallocated public safety spectrum for 
radio communication; 
‘‘(ii) enable interoperability with communications 
systems that can utilize reallocated public safety spec-
trum for radio communication; or 
‘‘(iii) otherwise improve or advance the interoper-
ability of public safety communications systems that 
utilize other public safety spectrum bands; and 
‘‘(B) are used to establish and implement a strategic 
technology reserve to pre-position or secure interoperable 
communications in advance for immediate deployment in 
an emergency or major disaster; 
‘‘(2) shall make payments of not to exceed $1,000,000,000, 
in the aggregate, through fiscal year 2010 from the Digital 
Television Transition and Public Safety Fund established under 
section 309(j)(8)(E) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(E)) to carry out the grant program established 
under paragraph (1), of which at least $75,000,000, in the 
aggregate, shall be used for purposes described in paragraph 
(1)(B); and 
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121 STAT. 538 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(3) shall permit any funds allocated for use under para-
graph (1)(B) to be used for purposes identified under paragraph 
(1)(A), if the public safety agency demonstrates that it has 
already implemented such a strategic technology reserve or 
demonstrates higher priority public safety communications 
needs.’’; 
(2) by redesignating subsections (b), (c), and (d) as sub-
sections (h), (i), and (j), respectively, and inserting after sub-
section (a) the following: 
‘‘(b) ELIGIBILITY.—To be eligible for assistance under the grant 
program established under subparagraph (a)(1)(A), an applicant 
shall submit an application, at such time, in such form, and con-
taining such information as the Assistant Secretary may require, 
including a detailed explanation of how assistance received under 
the program would be used to improve communications interoper-
ability and ensure interoperability with other public safety agencies 
in an emergency or a major disaster. 
‘‘(c) CRITERIA FOR STRATEGIC TECHNOLOGY RESERVES.— 
‘‘(1) IN
GENERAL.—In evaluating permitted uses under 
subparagraph (a)(1)(B), the Assistant Secretary shall consider 
the continuing technological evolution of communications tech-
nologies and devices, with its implicit risk of obsolescence, 
and shall ensure, to the maximum extent feasible, that a 
substantial part of the reserve involves prenegotiated contracts 
and other arrangements for rapid deployment of equipment, 
supplies, and systems (and communications service related to 
such equipment, supplies, and systems), rather than the 
warehousing or storage of equipment and supplies currently 
available at the time the reserve is established. 
‘‘(2) REQUIREMENTS
AND
CHARACTERISTICS.—Funds pro-
vided to meet uses described in paragraph (1) shall be used 
in support of reserves that— 
‘‘(A) are capable of re-establishing communications 
when existing critical infrastructure is damaged or 
destroyed in an emergency or a major disaster; 
‘‘(B) include appropriate current, widely-used equip-
ment, such as Land Mobile Radio Systems, cellular tele-
phones and satellite-enabled equipment (and related 
communications service), Cells-On-Wheels, Cells-On-Light- 
Trucks, or other self-contained mobile cell sites that can 
be towed, backup batteries, generators, fuel, and com-
puters; 
‘‘(C) include equipment on hand for the Governor of 
each State, key emergency response officials, and appro-
priate State or local personnel; 
‘‘(D) include contracts (including prenegotiated con-
tracts) for rapid delivery of the most current technology 
available from commercial sources; and 
‘‘(E) include arrangements for training to ensure that 
personnel are familiar with the operation of the equipment 
and devices to be delivered pursuant to such contracts. 
‘‘(3) ADDITIONAL CHARACTERISTICS.—Portions of the reserve 
may be virtual and may include items donated on an in-kind 
contribution basis. 
‘‘(4) ALLOCATION OF FUNDS.—In evaluating permitted uses 
under subparagraph (a)(1)(B), the Assistant Secretary shall 
take into account barriers to immediate deployment, including 
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121 STAT. 539 
PUBLIC LAW 110–53—AUG. 3, 2007 
time and distance, that may slow the rapid deployment of 
equipment, supplies, and systems (and communications service 
related to such equipment, supplies, and systems) in the event 
of an emergency in any State. 
‘‘(d) VOLUNTARY CONSENSUS STANDARDS.—In carrying out this 
section, the Assistant Secretary, in cooperation with the Secretary 
of Homeland Security, shall identify and, if necessary, encourage 
the development and implementation of, voluntary consensus stand-
ards for interoperable communications systems to the greatest 
extent practicable, but shall not require any such standard. 
‘‘(e) INSPECTOR GENERAL REPORT AND AUDITS.— 
‘‘(1) REPORT.—Beginning with the first fiscal year beginning 
after the date of enactment of the Implementing Recommenda-
tions of the 9/11 Commission Act of 2007, the Inspector General 
of the Department of Commerce shall conduct an annual assess-
ment of the management of the grant program implemented 
under subsection (a)(1) and transmit a report containing the 
findings of that assessment and any recommendations related 
thereto to the Senate Committee on Commerce, Science, and 
Transportation and the House of Representatives Committee 
on Energy and Commerce. 
‘‘(2) AUDITS.—Beginning with the first fiscal year beginning 
after the date of enactment of the Implementing Recommenda-
tions of the 9/11 Commission Act of 2007, the Inspector General 
of the Department of Commerce shall conduct financial audits 
of entities receiving grants from the program implemented 
under subsection (a)(1), and shall ensure that, over the course 
of 4 years, such audits cover recipients in a representative 
sample of not fewer than 25 States or territories. The results 
of any such audits shall be made publicly available via web 
site, subject to redaction as the Inspector General determines 
necessary to protect classified and other sensitive information. 
‘‘(f) RULE
OF CONSTRUCTION.—Nothing in this section shall 
be construed or interpreted to preclude the use of funds under 
this section by any public safety agency for interim- or long-term 
Internet Protocol-based interoperable solutions.’’; and 
(3) by striking paragraph (3) of subsection (j), as so redesig-
nated. 
(b) FCC VULNERABILITY ASSESSMENT AND REPORT ON EMER-
GENCY COMMUNICATIONS BACK-UP SYSTEM.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of enactment of this Act, the Federal Communications Commis-
sion shall conduct a vulnerability assessment of the Nation’s 
critical communications and information systems infrastructure 
and shall evaluate the technical feasibility of creating a back- 
up emergency communications system that complements 
existing communications resources and takes into account next 
generation and advanced communications technologies. The 
overriding objective for the evaluation shall be providing a 
framework for the development of a resilient interoperable 
communications system for emergency responders in an emer-
gency. The Commission shall consult with the National Commu-
nications System and shall evaluate all reasonable options, 
including satellites, wireless, and terrestrial-based communica-
tions systems and other alternative transport mechanisms that 
can be used in tandem with existing technologies. 
Deadline. 
Public 
information. 
Web site. 
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121 STAT. 540 
PUBLIC LAW 110–53—AUG. 3, 2007 
(2) FACTORS
TO
BE
EVALUATED.—The evaluation under 
paragraph (1) shall include— 
(A) a survey of all Federal agencies that use terrestrial 
or satellite technology for communications security and 
an evaluation of the feasibility of using existing systems 
for the purpose of creating such an emergency back-up 
public safety communications system; 
(B) the feasibility of using private satellite, wireless, 
or terrestrial networks for emergency communications; 
(C) the technical options, cost, and deployment methods 
of software, equipment, handsets or desktop communica-
tions devices for public safety entities in major urban areas, 
and nationwide; and 
(D) the feasibility and cost of necessary changes to 
the network operations center of terrestrial-based or sat-
ellite systems to enable the centers to serve as emergency 
back-up communications systems. 
(3) REPORT.— 
(A) IN GENERAL.—Upon the completion of the evalua-
tion under subsection (a), the Commission shall submit 
a report to Congress that details the findings of the evalua-
tion, including a full inventory of existing public and pri-
vate resources most efficiently capable of providing emer-
gency communications. 
(B) CLASSIFIED INDEX.—The report on critical infra-
structure under this subsection may contain a classified 
annex. 
(C) RETENTION OF CLASSIFICATION.—The classification 
of information required to be provided to Congress or any 
other department or agency under this section by the Fed-
eral Communications Commission, including the assign-
ment of a level of classification of such information, shall 
be binding on Congress and any other department or 
agency. 
(c) JOINT ADVISORY COMMITTEE ON COMMUNICATIONS CAPABILI-
TIES OF EMERGENCY MEDICAL AND PUBLIC HEALTH CARE FACILI-
TIES.— 
(1) ESTABLISHMENT.—The Assistant Secretary of Commerce 
for Communications and Information and the Chairman of the 
Federal Communications Commission, in consultation with the 
Secretary of Homeland Security and the Secretary of Health 
and Human Services, shall establish a joint advisory committee 
to examine the communications capabilities and needs of emer-
gency medical and public health care facilities. The joint 
advisory committee shall be composed of individuals with exper-
tise in communications technologies and emergency medical 
and public health care, including representatives of Federal, 
State and local governments, industry and non-profit health 
organizations, and academia and educational institutions. 
(2) DUTIES.—The joint advisory committee shall— 
(A) assess specific communications capabilities and 
needs of emergency medical and public health care facili-
ties, including the improvement of basic voice, data, and 
broadband capabilities; 
(B) assess options to accommodate growth of basic 
and emerging communications services used by emergency 
medical and public health care facilities; 
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121 STAT. 541 
PUBLIC LAW 110–53—AUG. 3, 2007 
(C) assess options to improve integration of communica-
tions systems used by emergency medical and public health 
care facilities with existing or future emergency commu-
nications networks; and 
(D) report its findings to the Senate Committee on 
Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce, 
within 6 months after the date of enactment of this Act. 
(d) AUTHORIZATION
OF
EMERGENCY
MEDICAL
AND
PUBLIC 
HEALTH COMMUNICATIONS PILOT PROJECTS.— 
(1) IN
GENERAL.—The Assistant Secretary of Commerce 
for Communications and Information may establish not more 
than 10 geographically dispersed project grants to emergency 
medical and public health care facilities to improve the capabili-
ties of emergency communications systems in emergency med-
ical care facilities. 
(2) MAXIMUM AMOUNT.—The Assistant Secretary may not 
provide more than $2,000,000 in Federal assistance under the 
pilot program to any applicant. 
(3) COST SHARING.—The Assistant Secretary may not pro-
vide more than 20 percent of the cost, incurred during the 
period of the grant, of any project under the pilot program. 
(4) MAXIMUM PERIOD OF GRANTS.—The Assistant Secretary 
may not fund any applicant under the pilot program for more 
than 3 years. 
(5) DEPLOYMENT AND DISTRIBUTION.—The Assistant Sec-
retary shall seek to the maximum extent practicable to ensure 
a broad geographic distribution of project sites. 
(6) TRANSFER
OF
INFORMATION
AND
KNOWLEDGE.—The 
Assistant Secretary shall establish mechanisms to ensure that 
the information and knowledge gained by participants in the 
pilot program are transferred among the pilot program partici-
pants and to other interested parties, including other applicants 
that submitted applications. 
SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT. 
The Federal departments and agencies (including independent 
agencies) identified under the provisions of this title and title III 
of this Act and title VI of Public Law 109–295 shall carry out 
their respective duties and responsibilities in a manner that does 
not impede the implementation of requirements specified under 
this title and title III of this Act and title VI of Public Law 
109–295. Notwithstanding the obligations under section 1806 of 
Public Law 109–295, the provisions of this title and title III of 
this Act and title VI of Public Law 109–295 shall not preclude 
or obstruct any such department or agency from exercising its 
other authorities related to emergency communications matters. 
SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS. 
(a) IN GENERAL.—Not later than 90 days after the date of 
enactment of this Act, the Federal Communications Commission, 
in consultation with the Department of Homeland Security’s Office 
of Emergency Communications, the Office of Management of 
Budget, and the Department of State shall report to the Senate 
Committee on Commerce, Science, and Transportation and the 
House of Representatives Committee on Energy and Commerce 
on— 
Canada. 
Mexico. 
6 USC 194 note. 
6 USC 701 note. 
42 USC 247d–3a 
note. 
Reports. 
Deadline. 
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121 STAT. 542 
PUBLIC LAW 110–53—AUG. 3, 2007 
(1) the status of the mechanism established by the Presi-
dent under section 7303(c) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating 
cross border interoperability issues between— 
(A) the United States and Canada; and 
(B) the United States and Mexico; 
(2) the status of treaty negotiations with Canada and 
Mexico regarding the coordination of the re-banding of 800 
megahertz radios, as required under the final rule of the Fed-
eral Communication Commission in the ‘‘Private Land Mobile 
Services; 800 MHz Public Safety Interface Proceeding’’ (WT 
Docket No. 02–55; ET Docket No. 00–258; ET Docket No. 95– 
18, RM–9498; RM–10024; FCC 04–168) including the status 
of any outstanding issues in the negotiations between— 
(A) the United States and Canada; and 
(B) the United States and Mexico; 
(3) communications between the Commission and the 
Department of State over possible amendments to the bilateral 
legal agreements and protocols that govern the coordination 
process for license applications seeking to use channels and 
frequencies above Line A; 
(4) the annual rejection rate for the last 5 years by the 
United States of applications for new channels and frequencies 
by Canadian private and public entities; and 
(5) any additional procedures and mechanisms that can 
be taken by the Commission to decrease the rejection rate 
for applications by United States private and public entities 
seeking licenses to use channels and frequencies above Line 
A. 
(b) UPDATED REPORTS TO BE FILED ON THE STATUS OF TREATY 
OF NEGOTIATIONS.—The Federal Communications Commission, in 
conjunction with the Department of Homeland Security, the Office 
of Management of Budget, and the Department of State shall contin-
ually provide updated reports to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Energy and Commerce of the House of Representatives on the 
status of treaty negotiations under subsection (a)(2) until the appro-
priate United States treaty has been revised with each of— 
(1) Canada; and 
(2) Mexico. 
(c) INTERNATIONAL NEGOTIATIONS TO REMEDY SITUATION.—Not 
later than 90 days after the date of enactment of this Act, the 
Secretary of the Department of State shall report to Congress 
on— 
(1) the current process for considering applications by 
Canada for frequencies and channels by United States commu-
nities above Line A; 
(2) the status of current negotiations to reform and revise 
such process; 
(3) the estimated date of conclusion for such negotiations; 
(4) whether the current process allows for automatic denials 
or dismissals of initial applications by the Government of 
Canada, and whether such denials or dismissals are currently 
occurring; and 
(5) communications between the Department of State and 
the Federal Communications Commission pursuant to sub-
section (a)(3). 
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121 STAT. 543 
PUBLIC LAW 110–53—AUG. 3, 2007 
SEC. 2204. EXTENSION OF SHORT QUORUM. 
Notwithstanding section 4(d) of the Consumer Product Safety 
Act (15 U.S.C. 2053(d)), 2 members of the Consumer Product Safety 
Commission, if they are not affiliated with the same political party, 
shall constitute a quorum for the 6-month period beginning on 
the date of enactment of this Act. 
SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN 
COMMITTEES. 
In addition to the committees specifically enumerated to receive 
reports under this title, any report transmitted under the provisions 
of this title shall also be transmitted to the appropriate congres-
sional committees (as defined in section 2(2) of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 101(2))). 
TITLE XXIII—EMERGENCY 
COMMUNICATIONS MODERNIZATION 
SEC. 2301. SHORT TITLE. 
This title may be cited as the ‘‘Improving Emergency Commu-
nications Act of 2007’’. 
SEC. 2302. FUNDING FOR PROGRAM. 
Section 3011 of the Digital Television Transition and Public 
Safety Act of 2005 (Public Law 109–171; 47 U.S.C. 309 note) is 
amended— 
(1) by striking ‘‘The’’ and inserting: 
‘‘(a) IN GENERAL.—The’’; and 
(2) by adding at the end the following: 
‘‘(b) CREDIT.—The Assistant Secretary may borrow from the 
Treasury, upon enactment of the 911 Modernization Act, such sums 
as necessary, but not to exceed $43,500,000, to implement this 
section. The Assistant Secretary shall reimburse the Treasury, with-
out interest, as funds are deposited into the Digital Television 
Transition and Public Safety Fund.’’. 
SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION. 
Section 158(b)(4) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 942(b)(4)) 
is amended by adding at the end thereof the following: ‘‘Within 
180 days after the date of enactment of the 911 Modernization 
Act, the Assistant Secretary and the Administrator shall jointly 
issue regulations updating the criteria to allow a portion of the 
funds to be used to give priority to grants that are requested 
by public safety answering points that were not capable of receiving 
911 calls as of the date of enactment of that Act, for the incremental 
cost of upgrading from Phase I to Phase II compliance. Such grants 
shall be subject to all other requirements of this section.’’. 
TITLE XXIV—MISCELLANEOUS 
PROVISIONS 
SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW. 
(a) REVIEW REQUIRED.—Title VII of the Homeland Security 
Act of 2002 is amended by adding at the end the following: 
Regulations. 
Deadline. 
Grants. 
Public safety. 
47 USC 901 note. 
Improving 
Emergency 
Communications 
Act of 2007. 
6 USC 194 note. 
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121 STAT. 544 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW. 
‘‘(a) REQUIREMENT.— 
‘‘(1) QUADRENNIAL REVIEWS REQUIRED.—In fiscal year 2009, 
and every 4 years thereafter, the Secretary shall conduct a 
review of the homeland security of the Nation (in this section 
referred to as a ‘quadrennial homeland security review’). 
‘‘(2) SCOPE OF REVIEWS.—Each quadrennial homeland secu-
rity review shall be a comprehensive examination of the home-
land security strategy of the Nation, including recommenda-
tions regarding the long-term strategy and priorities of the 
Nation for homeland security and guidance on the programs, 
assets, capabilities, budget, policies, and authorities of the 
Department. 
‘‘(3) CONSULTATION.—The Secretary shall conduct each 
quadrennial homeland security review under this subsection 
in consultation with— 
‘‘(A) the heads of other Federal agencies, including 
the Attorney General, the Secretary of State, the Secretary 
of Defense, the Secretary of Health and Human Services, 
the Secretary of the Treasury, the Secretary of Agriculture, 
and the Director of National Intelligence; 
‘‘(B) key officials of the Department; and 
‘‘(C) other relevant governmental and nongovernmental 
entities, including State, local, and tribal government offi-
cials, members of Congress, private sector representatives, 
academics, and other policy experts. 
‘‘(4) RELATIONSHIP WITH FUTURE YEARS HOMELAND SECU-
RITY PROGRAM.—The Secretary shall ensure that each review 
conducted under this section is coordinated with the Future 
Years Homeland Security Program required under section 874. 
‘‘(b) CONTENTS
OF REVIEW.—In each quadrennial homeland 
security review, the Secretary shall— 
‘‘(1) delineate and update, as appropriate, the national 
homeland security strategy, consistent with appropriate 
national and Department strategies, strategic plans, and Home-
land Security Presidential Directives, including the National 
Strategy for Homeland Security, the National Response Plan, 
and the Department Security Strategic Plan; 
‘‘(2) outline and prioritize the full range of the critical 
homeland security mission areas of the Nation; 
‘‘(3) describe the interagency cooperation, preparedness of 
Federal response assets, infrastructure, budget plan, and other 
elements of the homeland security program and policies of 
the Nation associated with the national homeland security 
strategy, required to execute successfully the full range of mis-
sions called for in the national homeland security strategy 
described in paragraph (1) and the homeland security mission 
areas outlined under paragraph (2); 
‘‘(4) identify the budget plan required to provide sufficient 
resources to successfully execute the full range of missions 
called for in the national homeland security strategy described 
in paragraph (1) and the homeland security mission areas 
outlined under paragraph (2); 
‘‘(5) include an assessment of the organizational alignment 
of the Department with the national homeland security strategy 
referred to in paragraph (1) and the homeland security mission 
areas outlined under paragraph (2); and 
6 USC 347. 
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121 STAT. 545 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(6) review and assess the effectiveness of the mechanisms 
of the Department for executing the process of turning the 
requirements developed in the quadrennial homeland security 
review into an acquisition strategy and expenditure plan within 
the Department. 
‘‘(c) REPORTING.— 
‘‘(1) IN GENERAL.—Not later than December 31 of the year 
in which a quadrennial homeland security review is conducted, 
the Secretary shall submit to Congress a report regarding that 
quadrennial homeland security review. 
‘‘(2) CONTENTS OF REPORT.—Each report submitted under 
paragraph (1) shall include— 
‘‘(A) the results of the quadrennial homeland security 
review; 
‘‘(B) a description of the threats to the assumed or 
defined national homeland security interests of the Nation 
that were examined for the purposes of that review; 
‘‘(C) the national homeland security strategy, including 
a prioritized list of the critical homeland security missions 
of the Nation; 
‘‘(D) a description of the interagency cooperation, 
preparedness of Federal response assets, infrastructure, 
budget plan, and other elements of the homeland security 
program and policies of the Nation associated with the 
national homeland security strategy, required to execute 
successfully the full range of missions called for in the 
applicable national homeland security strategy referred to 
in subsection (b)(1) and the homeland security mission 
areas outlined under subsection (b)(2); 
‘‘(E) an assessment of the organizational alignment 
of the Department with the applicable national homeland 
security strategy referred to in subsection (b)(1) and the 
homeland security mission areas outlined under subsection 
(b)(2), including the Department’s organizational structure, 
management systems, budget and accounting systems, 
human resources systems, procurement systems, and phys-
ical and technical infrastructure; 
‘‘(F) a discussion of the status of cooperation among 
Federal agencies in the effort to promote national homeland 
security; 
‘‘(G) a discussion of the status of cooperation between 
the Federal Government and State, local, and tribal govern-
ments in preventing terrorist attacks and preparing for 
emergency response to threats to national homeland secu-
rity; 
‘‘(H) an explanation of any underlying assumptions 
used in conducting the review; and 
‘‘(I) any other matter the Secretary considers appro-
priate. 
‘‘(3) PUBLIC AVAILABILITY.—The Secretary shall, consistent 
with the protection of national security and other sensitive 
matters, make each report submitted under paragraph (1) pub-
licly available on the Internet website of the Department. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 
to be appropriated such sums as may be necessary to carry out 
this section.’’. 
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121 STAT. 546 
PUBLIC LAW 110–53—AUG. 3, 2007 
(b) PREPARATION
FOR
QUADRENNIAL
HOMELAND
SECURITY 
REVIEW.— 
(1) IN GENERAL.—During fiscal years 2007 and 2008, the 
Secretary of Homeland Security shall make preparations to 
conduct the first quadrennial homeland security review under 
section 707 of the Homeland Security Act of 2002, as added 
by subsection (a), in fiscal year 2009, including— 
(A) determining the tasks to be performed; 
(B) estimating the human, financial, and other 
resources required to perform each task; 
(C) establishing the schedule for the execution of all 
project tasks; 
(D) ensuring that these resources will be available 
as needed; and 
(E) all other preparations considered necessary by the 
Secretary. 
(2) REPORT.—Not later than 60 days after the date of 
enactment of this Act, the Secretary shall submit to Congress 
and make publicly available on the Internet website of the 
Department of Homeland Security a detailed resource plan 
specifying the estimated budget and number of staff members 
that will be required for preparation of the first quadrennial 
homeland security review. 
(c) CLERICAL AMENDMENT.—The table of sections in section 
1(b) of such Act is amended by inserting after the item relating 
to section 706 the following new item: 
‘‘Sec. 707. Quadrennial Homeland Security Review.’’. 
SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION 
OF RADICALIZATION LEADING TO IDEOLOGICALLY-BASED 
VIOLENCE. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States is engaged in a struggle against 
a transnational terrorist movement of radical extremists that 
plans, prepares for, and engages in acts of ideologically-based 
violence worldwide. 
(2) The threat of radicalization that leads to ideologically- 
based violence transcends borders and has been identified as 
a potential threat within the United States. 
(3) Radicalization has been identified as a precursor to 
terrorism caused by ideologically-based groups. 
(4) Countering the threat of violent extremists domestically, 
as well as internationally, is a critical element of the plan 
of the United States for success in the fight against terrorism. 
(5) United States law enforcement agencies have identified 
radicalization that leads to ideologically-based violence as an 
emerging threat and have in recent years identified cases of 
extremists operating inside the United States, known as ‘‘home-
grown’’ extremists, with the intent to provide support for, or 
directly commit, terrorist attacks. 
(6) Alienation of Muslim populations in the Western world 
has been identified as a factor in the spread of radicalization 
that could lead to ideologically-based violence. 
(7) Many other factors have been identified as contributing 
to the spread of radicalization and resulting acts of ideologi-
cally-based violence. Among these is the appeal of left-wing 
and right-wing hate groups, and other hate groups, including 
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121 STAT. 547 
PUBLIC LAW 110–53—AUG. 3, 2007 
groups operating in prisons. Other such factors must be exam-
ined and countered as well in order to protect the homeland 
from violent extremists of every kind. 
(8) Radicalization leading to ideologically-based violence 
cannot be prevented solely through law enforcement and intel-
ligence measures. 
(b) SENSE
OF CONGRESS.—It is the sense of Congress that 
the Secretary of Homeland Security, in consultation with other 
relevant Federal agencies, should make a priority of countering 
domestic radicalization that leads to ideologically-based violence 
by— 
(1) using intelligence analysts and other experts to better 
understand the process of radicalization from sympathizer to 
activist to terrorist; 
(2) recruiting employees with diverse worldviews, skills, 
languages, and cultural backgrounds, and expertise; 
(3) consulting with experts to ensure that the lexicon used 
within public statements is precise and appropriate and does 
not aid extremists by offending religious, ethnic, and minority 
communities; 
(4) addressing prisoner radicalization and post-sentence re-
integration, in concert with the Attorney General and State 
and local corrections officials; 
(5) pursuing broader avenues of dialogue with minority 
communities, including the American Muslim community, to 
foster mutual respect, understanding, and trust; and 
(6) working directly with State, local, and community 
leaders to— 
(A) educate such leaders about the threat of 
radicalization that leads to ideologically-based violence and 
the necessity of taking preventative action at the local 
level; and 
(B) facilitate the sharing of best practices from other 
countries and communities to encourage outreach to 
minority communities, including the American Muslim 
community, and develop partnerships among and between 
all religious faiths and ethnic groups. 
SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN 
COMMITTEES. 
The Committee on Commerce, Science, and Transportation of 
the Senate shall receive the reports required by the following provi-
sions of law in the same manner and to the same extent that 
the reports are to be received by the Committee on Homeland 
Security and Governmental Affairs of the Senate: 
(1) Section 1016(j)(1) of the Intelligence Reform and Ter-
rorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)). 
(2) Section 511(d) of this Act. 
(3) Subsection (a)(3)(D) of section 2022 of the Homeland 
Security Act of 2002, as added by section 101 of this Act. 
(4) Section 7215(d) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (6 U.S.C. 123(d)). 
(5) Section 7209(b)(1)(C) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note). 
(6) Section 804(c) of this Act. 
(7) Section 901(b) of this Act. 
(8) Section 1002(a) of this Act. 
6 USC 121 note. 
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121 STAT. 548 
PUBLIC LAW 110–53—AUG. 3, 2007 
(9) Title III of this Act. 
SEC. 2404. DEMONSTRATION PROJECT. 
(a) DEMONSTRATION PROJECT REQUIRED.—Not later than 120 
days after the date of enactment of this Act, the Secretary of 
Homeland Security shall— 
(1) establish a demonstration project to conduct demonstra-
tions of security management systems that— 
(A) shall use a management system standards 
approach; and 
(B) may be integrated into quality, safety, environ-
mental and other internationally adopted management sys-
tems; and 
(2) enter into one or more agreements with a private sector 
entity to conduct such demonstrations of security management 
systems. 
(b) SECURITY MANAGEMENT SYSTEM DEFINED.—In this section, 
the term ‘security management system’ means a set of guidelines 
that address the security assessment needs of critical infrastructure 
and key resources that are consistent with a set of generally 
accepted management standards ratified and adopted by a stand-
ards making body. 
SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT 
OF HOMELAND SECURITY. 
(a) RESPONSIBILITIES.—Section 701(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 341) is amended— 
(1) by inserting ‘‘The Under Secretary for Management 
shall serve as the Chief Management Officer and principal 
advisor to the Secretary on matters related to the management 
of the Department, including management integration and 
transformation in support of homeland security operations and 
programs.’’ before ‘‘The Secretary’’; 
(2) by striking paragraph (7) and inserting the following: 
‘‘(7) Strategic management planning and annual perform-
ance planning and identification and tracking of performance 
measures relating to the responsibilities of the Department.’’; 
and 
(3) by striking paragraph (9), and inserting the following: 
‘‘(9) The management integration and transformation 
process, as well as the transition process, to ensure an efficient 
and orderly consolidation of functions and personnel in the 
Department and transition, including— 
‘‘(A) the development of a management integration 
strategy for the Department, and 
‘‘(B) before December 1 of any year in which a Presi-
dential election is held, the development of a transition 
and succession plan, to be made available to the incoming 
Secretary and Under Secretary for Management, to guide 
the transition of management functions to a new Adminis-
tration.’’. 
(b) APPOINTMENT AND EVALUATION.—Section 701 of the Home-
land Security Act of 2002 (6 U.S.C. 341), as amended by subsection 
(a), is further amended by adding at the end the following: 
‘‘(c) APPOINTMENT AND EVALUATION.—The Under Secretary for 
Management shall— 
‘‘(1) be appointed by the President, by and with the advice 
and consent of the Senate, from among persons who have— 
Deadline. 
Contracts. 
Deadline. 
6 USC 121 note. 
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121 STAT. 549 
PUBLIC LAW 110–53—AUG. 3, 2007 
‘‘(A) extensive executive level leadership and manage-
ment experience in the public or private sector; 
‘‘(B) strong leadership skills; 
‘‘(C) a demonstrated ability to manage large and com-
plex organizations; and 
‘‘(D) a proven record in achieving positive operational 
results; 
‘‘(2) enter into an annual performance agreement with the 
Secretary that shall set forth measurable individual and 
organizational goals; and 
‘‘(3) be subject to an annual performance evaluation by 
the Secretary, who shall determine as part of each such evalua-
tion whether the Under Secretary for Management has made 
satisfactory progress toward achieving the goals set out in 
the performance agreement required under paragraph (2).’’. 
(c) DEADLINE FOR APPOINTMENT; INCUMBENT.— 
(1) DEADLINE FOR APPOINTMENT.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Homeland Security shall name an individual who meets 
the qualifications of section 701 of the Homeland Security Act 
(6 U.S.C. 341), as amended by subsections (a) and (b), to serve 
as the Under Secretary of Homeland Security for Management. 
The Secretary may submit the name of the individual who 
serves in the position of Under Secretary of Homeland Security 
for Management on the date of enactment of this Act together 
with a statement that informs the Congress that the individual 
meets the qualifications of such section as so amended. 
(2) INCUMBENT.—The incumbent serving as Under Sec-
retary of Homeland Security for Management on November 
4, 2008, is authorized to continue serving in that position 
until a successor is confirmed, to ensure continuity in the 
management functions of the Department. 
(d) SENSE OF CONGRESS WITH RESPECT TO SERVICE OF INCUM-
BENTS.—It is the sense of the Congress that the person serving 
as Under Secretary of Homeland Security for Management on the 
date on which a Presidential election is held should be encouraged 
by the newly-elected President to remain in office in a new Adminis-
tration until such time as a successor is confirmed by Congress. 
6 USC 341 note. 
Contracts. 
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121 STAT. 550 
PUBLIC LAW 110–53—AUG. 3, 2007 
LEGISLATIVE HISTORY—H.R. 1 (S. 4): 
HOUSE REPORTS: No. 110–259 (Comm. of Conference). 
CONGRESSIONAL RECORD, Vol. 153 (2007): 
Jan. 9, considered and passed House. 
July 8, considered and passed Senate, amended, in lieu of S. 4. 
July 26, Senate agreed to conference report. 
July 27, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007): 
Aug. 3, Presidential statement. 
(e) EXECUTIVE SCHEDULE.—Section 5313 of title 5, United 
States Code, is amended by inserting after the item relating to 
the Deputy Secretary of Homeland Security the following: 
‘‘Under Secretary of Homeland Security for Management.’’. 
Approved August 3, 2007. 
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