HR 1 RFS
110th CONGRESS
1st Session
H. R. 1
IN THE SENATE OF THE UNITED STATES
January 9, 2007
Received; read twice and referred to the Committee on Homeland Security and
Governmental Affairs
AN ACT
To provide for the implementation of the recommendations of the
National Commission 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.
This Act may be cited as the `Implementing the 9/11 Commission
Recommendations Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
TITLE I--RISK-BASED ALLOCATION OF HOMELAND SECURITY GRANTS
Sec. 101. First responders homeland security funding.
TITLE II--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
Sec. 201. Improve Communications for Emergency Response Grant
Program.
TITLE III--STRENGTHENING USE OF A UNIFIED INCIDENT COMMAND DURING
EMERGENCIES
Sec. 301. National exercise program design.
Sec. 302. National exercise program model exercises.
Sec. 303. Responsibilities of Regional Administrators of the Federal
Emergency Management Agency.
TITLE IV--STRENGTHENING AVIATION SECURITY
Sec. 401. Installation of in-line baggage screening equipment.
Sec. 402. Aviation security capital fund.
Sec. 403. Airport checkpoint screening explosive detection.
Sec. 404. Strengthening explosive detection at airport screening
checkpoints.
Sec. 405. Extension of authorization of aviation security funding.
Sec. 406. Inspection of cargo carried aboard passenger aircraft.
Sec. 407. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.
Sec. 408. Transportation Security Administration personnel
management.
Sec. 409. Strategic plan to test and implement advanced passenger
prescreening system.
TITLE V--STRENGTHENING THE SECURITY OF CARGO CONTAINERS
Sec. 501. Requirements relating to entry of containers into the United
States.
TITLE VI--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Human Smuggling and Trafficking Center Improvements
Sec. 601. Strengthening the capabilities of the Human Smuggling and
Trafficking Center.
Subtitle B--International Collaboration to Prevent Terrorist Travel
Sec. 611. Report on international collaboration to increase border
security, enhance global document security, and exchange terrorist
information.
Subtitle C--Biometric Border Entry and Exit System
Sec. 621. Submittal of plan on biometric entry and exit verification
system implementation.
TITLE VII--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITH LOCAL LAW
ENFORCEMENT AND FIRST RESPONDERS
Subtitle A--Fusion and Law Enforcement Education and Teaming (FLEET) Grant
Program
Sec. 702. FLEET Grant program.
Subtitle B--Border Intelligence Fusion Center Program
Sec. 712. Establishment of Border Intelligence Fusion Center
Program.
Subtitle C--Homeland Security Information Sharing Enhancement
Sec. 722. Homeland Security Advisory System.
Sec. 723. Homeland security information sharing.
Subtitle D--Homeland Security Information Sharing Partnerships
Sec. 732. State, Local, and Regional Information Fusion Center
Initiative.
Sec. 733. Homeland Security Information Sharing Fellows Program.
Subtitle E--Homeland Security Intelligence Offices Reorganization
Sec. 741. Departmental reorganization.
Sec. 742. Intelligence components of Department of Homeland
Security.
Sec. 743. Office of Infrastructure Protection.
TITLE VIII--PROTECTING PRIVACY AND CIVIL LIBERTIES WHILE EFFECTIVELY
FIGHTING TERRORISM
Subtitle A--Privacy and Civil Liberties Oversight Boards
Sec. 803. Making the Privacy and Civil Liberties Oversight Board
independent.
Sec. 804. Requiring all members of the Privacy and Civil Liberties
Oversight Board be confirmed by the Senate.
Sec. 805. Subpoena power for the Privacy and Civil Liberties Oversight
Board.
Sec. 806. Reporting requirements.
Subtitle B--Enhancement of Privacy Officer Authorities
Sec. 812. Authorities of the privacy officer of the Department of
Homeland Security.
TITLE IX--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
Sec. 901. Vulnerability assessment and report on critical infrastructure
information.
Sec. 902. National Asset Database and the National At-Risk
Database.
TITLE X--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
Sec. 1001. Strategic transportation security information sharing.
Sec. 1002. Transportation security strategic planning.
TITLE XI--PRIVATE SECTOR PREPAREDNESS
Sec. 1101. Participation of private sector organizations in emergency
preparedness and response activities.
TITLE XII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
Sec. 1211. Repeal and modification of limitations on assistance for
prevention of weapons of mass destruction proliferation and terrorism.
Subtitle B--Proliferation Security Initiative
Sec. 1221. Proliferation Security Initiative improvements and
authorities.
Sec. 1222. Authority to provide assistance to cooperative
countries.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass
Destruction Proliferation and Terrorism
Sec. 1231. Findings; statement of policy.
Sec. 1232. Authorization of appropriations for the Department of Defense
Cooperative Threat Reduction Program.
Sec. 1233. 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. 1241. Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1242. Request for corresponding Russian coordinator.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
Sec. 1251. Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism.
Sec. 1254. Responsibilities.
Sec. 1256. Nonapplicability of Federal Advisory Committee Act.
TITLE XIII--NUCLEAR BLACK MARKET COUNTER-TERRORISM ACT
Subtitle A--Sanctions for Transfers of Nuclear Enrichment, Reprocessing, and
Weapons Technology, Equipment, and Materials Involving Foreign Persons and
Terrorists
Sec. 1311. Authority to impose sanctions on foreign persons.
Sec. 1312. Presidential notification on activities of foreign
persons.
Subtitle B--Further Actions Against Corporations Associated With Sanctioned
Foreign Persons
Sec. 1322. Campaign by United States Government officials.
Subtitle C--Rollback of Nuclear Proliferation Networks
Sec. 1331. Nonproliferation as a condition of United States
assistance.
Sec. 1332. Report on identification of nuclear proliferation network
host countries.
Sec. 1333. Suspension of arms sales licenses and deliveries to nuclear
proliferation host countries.
TITLE XIV--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
Sec. 1401. Short title; table of contents.
Subtitle A--Quality Educational Opportunities in Arab and Predominantly
Muslim Countries.
Sec. 1411. Findings; Policy.
Sec. 1412. International Arab and Muslim Youth Opportunity Fund.
Sec. 1413. Annual report to Congress.
Sec. 1414. Extension of program to provide grants to American-sponsored
schools in Arab and predominantly Muslim Countries to provide
scholarships.
Subtitle B--Democracy and Development in Arab and Predominantly Muslim
Countries
Sec. 1421. Promoting democracy and development in the Middle East,
Central Asia, South Asia, and Southeast Asia.
Sec. 1422. Middle East Foundation.
Subtitle C--Restoring United States Moral Leadership
Sec. 1431. Advancing United States interests through public
diplomacy.
Sec. 1432. Expansion of United States scholarship, exchange, and library
programs in Arab and predominantly Muslim countries.
Sec. 1433. United States policy toward detainees.
Subtitle D--Strategy for the United States Relationship With Afghanistan,
Pakistan, and Saudi Arabia
TITLE I--RISK-BASED ALLOCATION OF HOMELAND SECURITY GRANTS
SEC. 101. FIRST RESPONDERS HOMELAND SECURITY FUNDING.
(a) In General- The Homeland Security Act of 2002 (Public Law 107-296; 6
U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by striking the items
relating to the second title XVIII, as added by section 501(b)(3) of Public
Law 109-347, and inserting the following:
`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
`Sec. 1901. Domestic Nuclear Detection Office.
`Sec. 1902. Mission of Office.
`Sec. 1904. Testing authority.
`Sec. 1905. Relationship to other Department entities and Federal
agencies.
`Sec. 1906. Contracting and grant making authorities.';
(2) by redesignating the second title XVIII, as added by section 501(a)
of Public Law 109-347, as title XIX;
(3) in title XIX (as so redesignated)--
(A) by redesignating sections 1801 through 1806 as sections 1901
through 1906, respectively;
(B) in section 1904(a) (6 U.S.C. 594(a)), as so redesignated, by
striking `section 1802' and inserting `section 1902'; and
(C) in section 1906 (6 U.S.C. 596), as so redesignated, by striking
`section 1802(a)' each place it appears and inserting `section
1902(a)';
(4) in section 1(b) in the table of contents by adding at the end the
following:
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`Sec. 2002. Faster and Smarter Funding for First Responders.
`Sec. 2003. Covered grant eligibility and criteria.
`Sec. 2004. Risk-based evaluation and prioritization.
`Sec. 2005. Use of funds and accountability requirements.';
(5) by adding at the end the following:
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`SEC. 2001. DEFINITIONS.
`(1) COVERED GRANT- The term `covered grant' means any grant to which
this title applies under section 2002.
`(2) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means
any Indian tribe or consortium of Indian tribes that--
`(A) meets the criteria for inclusion in the qualified applicant pool
for Self-Governance that are set forth in section 402(c) of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
458bb(c));
`(B) employs at least 10 full-time personnel in a law enforcement or
emergency response agency with the capacity to respond to calls for law
enforcement or emergency services; and
`(C)(i) is located on, or within 5 miles of, an international border
or waterway;
`(ii) is located within 5 miles of a facility designated as high-risk
critical infrastructure by the Secretary;
`(iii) is located within or contiguous to one of the 50 largest
metropolitan statistical areas in the United States; or
`(iv) has more than 1,000 square miles of Indian country, as that term
is defined in section 1151 of title 18, United States Code.
`(3) ELEVATIONS IN THE THREAT ALERT LEVEL- The term `elevations in the
threat alert level' means any designation (including those that are less
than national in scope) that raises the homeland security threat level to
either the highest or second highest threat level under the Homeland
Security Advisory System referred to in section 201(d)(7).
`(4) FIRST RESPONDER- The term `first responder' shall have the same
meaning as the term `emergency response provider'.
`(5) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, including any Alaskan Native
village or regional or village corporation as defined in or established
pursuant to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et
seq.), that is recognized as eligible for the special programs and services
provided by the United States to Indians because of their status as
Indians.
`(6) REGION- The term `region' means--
`(A) any geographic area consisting of all or parts of 2 or more
contiguous States that have a combined population of at least 1,650,000 or
have an area of not less than 20,000 square miles, and that, for purposes
of an application for a covered grant, is represented by 1 or more
governments or governmental agencies within such geographic area, and that
is established by law or by agreement of 2 or more such governments or
governmental agencies in a mutual aid agreement; or
`(B) any other combination of contiguous local government units
(including such a combination established by law or agreement of two or
more governments or governmental agencies in a mutual aid agreement) that
is formally certified by the Secretary as a region for purposes of this
Act with the consent of--
`(i) the State or States in which they are located, including a
multi-State entity established by a compact between two or more States;
and
`(ii) the incorporated municipalities, counties, and parishes that
they encompass.
`(7) TERRORISM PREPAREDNESS- The term `terrorism preparedness' means any
activity designed to improve the ability to prevent, prepare for, respond
to, mitigate against, or recover from threatened or actual terrorist
attacks.
`(8) CAPABILITIES- The term `capabilities' shall have the same meaning
that term has under title VIII.
`SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
`(a) Covered Grants- This title applies to grants provided by the
Department to States, urban areas, regions, or directly eligible tribes for
the primary purpose of improving the ability of first responders to prevent,
prepare for, respond to, mitigate against, or recover from threatened or
actual terrorist attacks, especially those involving weapons of mass
destruction, administered under the following:
`(1) STATE HOMELAND SECURITY GRANT PROGRAM- The State Homeland Security
Grant Program of the Department, or any successor to such grant
program.
`(2) URBAN AREA SECURITY INITIATIVE- The Urban Area Security Initiative
of the Department, or any successor to such grant program.
`(3) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM- The Law Enforcement
Terrorism Prevention Program of the Department, or any successor to such
grant program.
`(b) Excluded Programs- This title does not apply to or otherwise affect
the following Federal grant programs or any grant under such a program:
`(1) NONDEPARTMENT PROGRAMS- Any Federal grant program that is not
administered by the Department.
`(2) FIRE GRANT PROGRAMS- The fire grant programs authorized by sections
33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C.
2229, 2229a).
`(3) EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE ACCOUNT GRANTS- The
Emergency Management Performance Grant program and the Urban Search and
Rescue Grants program authorized by title VI of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195 et seq.); the
Departments of Veterans Affairs and Housing and Urban Development, and
Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 et seq.); and
the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
`SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA.
`(1) STATE, REGION, OR DIRECTLY ELIGIBLE TRIBE- Any State, region, or
directly eligible tribe shall be eligible to apply for a covered grant under
the programs referred to in paragraphs (1) and (3) of section 1802(a).
`(2) HIGH-THREAT URBAN AREAS- Any urban area that is determined by the
Secretary to be a high-threat urban areas shall be eligible to apply for a
covered grant referred to in paragraph (2) of section 1802(a).
`(b) Grant Criteria- The Secretary shall award covered grants to assist
States and local governments in achieving, maintaining, and enhancing the
capabilities for terrorism preparedness established by the Secretary.
`(c) Submission of State Preparedness Report-
`(1) SUBMISSION REQUIRED- The Secretary shall require that any State
applying to the Secretary for a covered grant must submit State Preparedness
Report specified in section 652(c) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295).
`(2) CONSULTATION- The State report submitted under paragraph (1) shall
be developed in consultation with and subject to appropriate comment by
local governments and first responders within the State.
`(d) Consistency With State Plans-
`(1) IN GENERAL- The Secretary shall ensure that each covered grant is
used to supplement and support, in a consistent and coordinated manner, the
applicable State homeland security report or plan.
`(2) APPROVAL OF PLAN BY SECRETARY- The Secretary may not award any
covered grant to a State unless the Secretary has approved the applicable
State homeland security plan.
`(3) REVISIONS- A State may revise the applicable State homeland
security plan approved by the Secretary under this subsection, subject to
approval of the revision by the Secretary.
`(e) Application for Grant-
`(1) IN GENERAL- Except as otherwise provided in this subsection, any
State, urban area, region, or directly eligible tribe may apply for a
covered grant by submitting to the Secretary an application at such time, in
such manner, and containing such information as is required under this
subsection, or as the Secretary may reasonably require.
`(2) DEADLINES FOR APPLICATIONS AND AWARDS- All applications for covered
grants must be submitted at such time as the Secretary may reasonably
require for the fiscal year for which they are submitted. The Secretary
shall award covered grants pursuant to all approved applications for such
fiscal year as soon as practicable, but not later than March 1 of such
year.
`(3) AVAILABILITY OF FUNDS- All funds awarded by the Secretary under
covered grants in a fiscal year shall be available for obligation through
the end of the subsequent fiscal year.
`(4) MINIMUM CONTENTS OF APPLICATION- The Secretary shall require that
each applicant include in its application, at a minimum--
`(A) the purpose for which the applicant seeks covered grant funds and
the reasons why the applicant needs the covered grant to meet the
capabilities for terrorism preparedness within the State, urban area,
region, or directly eligible tribe to which the application
pertains;
`(B) a description of how, by reference to the applicable State
homeland security plan or plans under subsection (c), the allocation of
grant funding proposed in the application, including, where applicable,
the amount not passed through under section 2005(g)(1), would assist in
fulfilling the capabilities for terrorism preparedness specified in such
plan or plans;
`(C) a statement of whether a mutual aid agreement applies to the use
of all or any portion of the covered grant funds;
`(D) if the applicant is a State, a description of how the State plans
to allocate the covered grant funds to local governments and Indian
tribes;
`(E) if the applicant is a region--
`(i) a precise geographical description of the region and a
specification of all participating and nonparticipating local
governments within the geographical area comprising that
region;
`(ii) a specification of what governmental entity within the region
will administer the expenditure of funds under the covered grant;
and
`(iii) a designation of a specific individual to serve as regional
liaison;
`(F) a capital budget showing how the applicant intends to allocate
and expend the covered grant funds;
`(G) if the applicant is a directly eligible tribe, a designation of a
specific individual to serve as the tribal liaison; and
`(H) a statement of how the applicant intends to meet the matching
requirement, if any, that applies under section 2005(g)(2).
`(5) REGIONAL APPLICATIONS-
`(A) RELATIONSHIP TO STATE APPLICATIONS- A regional
application--
`(i) shall be coordinated with an application submitted by the State
or States of which such region is a part;
`(ii) shall supplement and avoid duplication with such State
application; and
`(iii) shall address the unique regional aspects of such region's
terrorism preparedness needs beyond those provided for in the
application of such State or States.
`(B) STATE REVIEW AND SUBMISSION- To ensure the consistency required
under subsection (d) and the coordination required under subparagraph (A)
of this paragraph, an applicant that is a region must submit its
application to each State of which any part is included in the region for
review and concurrence prior to the submission of such application to the
Secretary. The regional application shall be transmitted to the Secretary
through each such State within 30 days of its receipt, unless the Governor
of such a State notifies the Secretary, in writing, that such regional
application is inconsistent with the State's homeland security plan and
provides an explanation of the reasons therefor.
`(C) DISTRIBUTION OF REGIONAL AWARDS- If the Secretary approves a
regional application, then the Secretary shall distribute a regional award
to the State or States submitting the applicable regional application
under subparagraph (B), and each such State shall, not later than the end
of the 45-day period beginning on the date after receiving a regional
award, pass through to the region all covered grant funds or resources
purchased with such funds, except those funds necessary for the State to
carry out its responsibilities with respect to such regional application:
Provided, That in no such case shall the State or States pass through to
the region less than 80 percent of the regional award.
`(D) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO REGIONS-
Any State that receives a regional award under subparagraph (C) shall
certify to the Secretary, by not later than 30 days after the expiration
of the period described in subparagraph (C) with respect to the grant,
that the State has made available to the region the required funds and
resources in accordance with subparagraph (C).
`(E) DIRECT PAYMENTS TO REGIONS- If any State fails to pass through a
regional award to a region as required by subparagraph (C) within 45 days
after receiving such award and does not request or receive an extension of
such period under section 2006(h)(2), the region may petition the
Secretary to receive directly the portion of the regional award that is
required to be passed through to such region under subparagraph
(C).
`(F) REGIONAL LIAISONS- A regional liaison designated under paragraph
(4)(E)(iii) shall--
`(i) coordinate with Federal, State, local, regional, and private
officials within the region concerning terrorism
preparedness;
`(ii) develop a process for receiving input from Federal, State,
local, regional, and private sector officials within the region to
assist in the development of the regional application and to improve the
region's access to covered grants; and
`(iii) administer, in consultation with State, local, regional, and
private officials within the region, covered grants awarded to the
region.
`(6) TRIBAL APPLICATIONS-
`(A) SUBMISSION TO THE STATE OR STATES- To ensure the consistency
required under subsection (d), an applicant that is a directly eligible
tribe must submit its application to each State within the boundaries of
which any part of such tribe is located for direct submission to the
Department along with the application of such State or States.
`(B) OPPORTUNITY FOR STATE COMMENT- Before awarding any covered grant
to a directly eligible tribe, the Secretary shall provide an opportunity
to each State within the boundaries of which any part of such tribe is
located to comment to the Secretary on the consistency of the tribe's
application with the State's homeland security plan. Any such comments
shall be submitted to the Secretary concurrently with the submission of
the State and tribal applications.
`(C) FINAL AUTHORITY- The Secretary shall have final authority to
determine the consistency of any application of a directly eligible tribe
with the applicable State homeland security plan or plans, and to approve
any application of such tribe. The Secretary shall notify each State
within the boundaries of which any part of such tribe is located of the
approval of an application by such tribe.
`(D) TRIBAL LIAISON- A tribal liaison designated under paragraph
(4)(G) shall--
`(i) coordinate with Federal, State, local, regional, and private
officials concerning terrorism preparedness;
`(ii) develop a process for receiving input from Federal, State,
local, regional, and private sector officials to assist in the
development of the application of such tribe and to improve the tribe's
access to covered grants; and
`(iii) administer, in consultation with State, local, regional, and
private officials, covered grants awarded to such tribe.
`(E) LIMITATION ON THE NUMBER OF DIRECT GRANTS- The Secretary may make
covered grants directly to not more than 20 directly eligible tribes per
fiscal year.
`(F) TRIBES NOT RECEIVING DIRECT GRANTS- An Indian tribe that does not
receive a grant directly under this section is eligible to receive funds
under a covered grant from the State or States within the boundaries of
which any part of such tribe is located, consistent with the homeland
security plan of the State as described in subsection (c). If a State
fails to comply with section 2006(g)(1), the tribe may request payment
under section 2006(h)(3) in the same manner as a local
government.
`(7) EQUIPMENT STANDARDS- If an applicant for a covered grant proposes
to upgrade or purchase, with assistance provided under the grant, new
equipment or systems that do not meet or exceed any applicable national
voluntary consensus standards established by the Secretary, the applicant
shall include in the application an explanation of why such equipment or
systems will serve the needs of the applicant better than equipment or
systems that meet or exceed such standards.
`SEC. 2004. RISK-BASED EVALUATION AND PRIORITIZATION.
`(a) Prioritization of Grant Applications-
`(1) FACTORS TO BE CONSIDERED- The Secretary shall evaluate and annually
prioritize all pending applications for covered grants based upon the degree
to which they would, by achieving, maintaining, or enhancing the
capabilities of the applicants on a nationwide basis, lessen the threat to,
vulnerability of, and consequences for persons (including transient
commuting and tourist populations) and critical infrastructure. Such
evaluation and prioritization shall be based upon the most current risk
assessment available by the Office of Intelligence Analysis and the Office
of Infrastructure Protection of the threats of terrorism against the United
States. In establishing criteria for evaluating and prioritizing
applications for covered grants, the Secretary shall coordinate with the
National Advisory Council established under section 508, the Director of the
Federal Emergency Management Agency, the United States Fire Administrator,
the Chief Intelligence Officer of the Department, the Assistant Secretary
for Infrastructure Protection, and other Department officials as determined
by the Secretary.
`(2) CRITICAL INFRASTRUCTURE SECTORS- The Secretary specifically shall
consider threats of terrorism against the following critical infrastructure
sectors in all areas of the United States, urban and rural:
`(A) Agriculture and food.
`(B) Banking and finance.
`(C) Chemical industries.
`(D) The defense industrial base.
`(G) Government facilities.
`(H) Postal and shipping.
`(I) Public health and health care.
`(J) Information technology.
`(L) Transportation systems.
`(O) Commercial facilities.
`(P) National monuments and icons.
The order in which the critical infrastructure sectors are listed in
this paragraph shall not be construed as an order of priority for
consideration of the importance of such sectors.
`(3) TYPES OF THREAT- The Secretary specifically shall consider the
following types of threat to the critical infrastructure sectors described
in paragraph (2), and to populations in all areas of the United States,
urban and rural:
`(C) Radiological threats.
`(I) Any other threats based on proximity to specific past acts of
terrorism or the known activity of any terrorist group.
The order in which the types of threat are listed in this paragraph
shall not be construed as an order of priority for consideration of the
importance of such threats.
`(4) CONSIDERATION OF ADDITIONAL FACTORS- The Secretary shall take into
account any other specific threat to a population (including a transient
commuting or tourist population) or critical infrastructure sector that the
Board has determined to exist. In evaluating the threat to a population or
critical infrastructure sector, the Secretary shall give greater weight to
threats of terrorism based upon their specificity and credibility, including
any pattern of repetition.
`(5) MINIMUM AMOUNTS- After evaluating and prioritizing grant
applications under paragraph (1), the Department shall ensure that, for each
fiscal year--
`(A) each of the States, other than the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands, that has an approved State
homeland security plan receives no less than 0.25 percent of the funds
available for covered grants for that fiscal year for purposes of
implementing its homeland security plan;
`(B) each of the States, other than the Virgin Islands, American
Samoa, Guam, and the Northern Mariana Islands, that has an approved State
homeland security plan and that meets one or both of the additional
high-risk qualifying criteria under paragraph (6) receives no less than
0.45 percent of the funds available for covered grants for that fiscal
year for purposes of implementing its homeland security plan;
`(C) the Virgin Islands, American Samoa, Guam, and the Northern
Mariana Islands each receives no less than 0.08 percent of the funds
available for covered grants for that fiscal year for purposes of
implementing its approved State plan; and
`(D) directly eligible tribes collectively receive no less than 0.08
percent of the funds available for covered grants for such fiscal year for
purposes of addressing the needs identified in the applications of such
tribes, consistent with the homeland security plan of each State within
the boundaries of which any part of any such tribe is located, except that
this clause shall not apply with respect to funds available for a fiscal
year if the Secretary receives less than 5 applications for such fiscal
year from such tribes or does not approve at least one such
application.
`(6) ADDITIONAL HIGH-RISK QUALIFYING CRITERIA- For purposes of paragraph
(5)(B), additional high-risk qualifying criteria consist of--
`(A) having a significant international land border; or
`(B) adjoining a body of water within North America through which an
international boundary line extends.
`(b) Effect of Regional Awards on State Minimum- Any regional award, or
portion thereof, provided to a State under section 2003(e)(5)(C) shall not be
considered in calculating the minimum State award under subsection (a)(5) of
this section.
`(c) Relationship to Other Programs- This section shall be carried out in
consultation with the Secretary of Health and Human Services. Nothing in this
section affects the scope of authority of the Secretary of Health and Human
Services, including such authority under the Public Health Service Act.
`SEC. 2005. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
`(a) In General- A covered grant may be used for--
`(1) purchasing or upgrading equipment, including computer hardware and
software, to enhance terrorism preparedness;
`(2) exercises to strengthen terrorism preparedness;
`(3) training for prevention (including detection) of, preparedness for,
response to, or recovery from attacks involving weapons of mass destruction,
including training in the use of equipment and computer software;
`(4) developing or updating State homeland security plans, risk
assessments, mutual aid agreements, and emergency management plans to
enhance terrorism preparedness;
`(5) establishing or enhancing mechanisms for sharing terrorism threat
information;
`(6) systems architecture and engineering, program planning and
management, strategy formulation and strategic planning, life-cycle systems
design, product and technology evaluation, and prototype development for
terrorism preparedness purposes;
`(7) additional personnel costs resulting from--
`(A) elevations in the threat alert level of the Homeland Security
Advisory System by the Secretary, or a similar elevation in threat alert
level issued by a State, region, or local government with the approval of
the Secretary;
`(B) travel to and participation in exercises and training in the use
of equipment and on prevention activities;
`(C) the temporary replacement of personnel during any period of
travel to and participation in exercises and training in the use of
equipment and on prevention activities; and
`(D) the hiring of staff to serve as intelligence analysts to
strengthen information and intelligence sharing capabilities;
`(8) the costs of equipment (including software) required to receive,
transmit, handle, and store classified information;
`(9) protecting critical infrastructure against potential attack by the
addition of barriers, fences, gates, and other such devices that are
constructed consistent with the requirements of section 6(j)(9) of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5196(j)(9), except that the cost of such measures may not exceed the greater
of--
`(A) $1,000,000 per project; or
`(B) such greater amount as may be approved by the Secretary, which
may not exceed 10 percent of the total amount of the covered
grant;
`(10) the costs of commercially available interoperable communications
equipment (that, where applicable, is based on national, voluntary consensus
standards) that the Secretary, in consultation with the Assistant Secretary
for Emergency Communications, deems best suited to facilitate
interoperability, coordination, and integration between and among emergency
communications systems, and that complies with prevailing grant guidance of
the Department for interoperable communications;
`(11) educational curricula development for first responders to ensure
that they are prepared for terrorist attacks;
`(12) training and exercises to assist public elementary and secondary
schools in developing and implementing programs to instruct students
regarding age-appropriate skills to prevent, prepare for, respond to,
mitigate against, or recover from an act of terrorism;
`(13) paying of administrative expenses directly related to
administration of the grant, except that such expenses may not exceed 3
percent of the amount of the grant;
`(14) Public safety answering points;
`(15) paying for the conduct of any activity permitted under the Law
Enforcement Terrorism Prevention Program, or any such successor to such
program; and
`(16) other appropriate activities as determined by the Secretary.
`(b) Prohibited Uses- Funds provided as a covered grant may not be
used--
`(1) to supplant State or local funds;
`(2) to construct buildings or other physical facilities;
`(4) for any State or local government cost-sharing contribution.
`(c) Intelligence Analysts- An individual hired to serve as an
intelligence analyst under subsection (a)(7)(D) must meet at least one of the
following criteria:
`(1) The individual has successfully completed training that meets the
standards of the International Association of Law Enforcement Intelligence
Analysts to ensure baseline proficiency in intelligence analysis and
production.
`(2) The individual has previously served in a Federal intelligence
agency as an intelligence analyst for at least two years.
`(d) Multiple-Purpose Funds- Nothing in this section shall be construed to
preclude State and local governments from using covered grant funds in a
manner that also enhances first responder preparedness for emergencies and
disasters unrelated to acts of terrorism, if such use assists such governments
in achieving capabilities for terrorism preparedness established by the
Secretary.
`(e) Reimbursement of Costs-
`(1) PAID-ON-CALL OR VOLUNTEER REIMBURSEMENT- In addition to the
activities described in subsection (a), a covered grant may be used to
provide a reasonable stipend to paid-on-call or volunteer first responders
who are not otherwise compensated for travel to or participation in training
covered by this section. Any such reimbursement shall not be considered
compensation for purposes of rendering such a first responder 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 covered grant may
petition the Secretary for the reimbursement of the cost of any activity
relating to prevention (including detection) of, preparedness for, response
to, or recovery from acts of terrorism that is a Federal duty and usually
performed by a Federal agency, and that is being performed by a State or
local government (or both) under agreement with a Federal agency.
`(f) Assistance Requirement- The Secretary may not require that equipment
paid for, wholly or in part, with funds provided as a covered grant be made
available for responding to emergencies in surrounding States, regions, and
localities, unless the Secretary undertakes to pay the costs directly
attributable to transporting and operating such equipment during such
response.
`(g) Flexibility in Unspent Homeland Security Grant Funds- Upon request by
the recipient of a covered grant, the Secretary may authorize the grantee to
transfer all or part of funds provided as the covered grant from uses
specified in the grant agreement to other uses authorized under this section,
if the Secretary determines that such transfer is in the interests of homeland
security.
`(h) State, Regional, and Tribal Responsibilities-
`(1) PASS-THROUGH- The Secretary shall require a recipient of a covered
grant that is a State to obligate or otherwise make available to local
governments, first responders, and other local groups, to the extent
required under the State homeland security plan or plans specified in the
application for the grant, not less than 80 percent of the grant funds,
resources purchased with the grant funds having a value equal to at least 80
percent of the amount of the grant, or a combination thereof, by not later
than the end of the 45-day period beginning on the date the grant recipient
receives the grant funds.
`(A) IN GENERAL- The Federal share of the costs of an activity carried
out with a covered grant to a State, region, or directly eligible tribe
awarded after the 2-year period beginning on the date of the enactment of
this section shall not exceed 75 percent.
`(B) INTERIM RULE- The Federal share of the costs of an activity
carried out with a covered grant awarded before the end of the 2-year
period beginning on the date of the enactment of this section shall be 100
percent.
`(C) IN-KIND MATCHING- Each recipient of a covered grant may meet the
matching requirement under subparagraph (A) by making in-kind
contributions of goods or services that are directly linked with the
purpose for which the grant is made, including, but not limited to, any
necessary personnel overtime, contractor services, administrative costs,
equipment fuel and maintenance, and rental space.
`(3) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO LOCAL
GOVERNMENTS- Any State that receives a covered grant shall certify to the
Secretary, by not later than 30 days after the expiration of the period
described in paragraph (1) with respect to the grant, that the State has
made available for expenditure by local governments, first responders, and
other local groups the required amount of grant funds pursuant to paragraph
(1).
`(4) QUARTERLY REPORT ON HOMELAND SECURITY SPENDING- The Federal share
described in paragraph (2)(A) may be increased by up to 2 percent for any
State, region, or directly eligible tribe that, not later than 30 days after
the end of each fiscal quarter, submits to the Secretary a report on that
fiscal quarter. Each such report must include, for each recipient of a
covered grant or a pass-through under paragraph (1)--
`(A) the amount obligated to that recipient in that quarter;
`(B) the amount expended by that recipient in that quarter;
and
`(C) a summary description of the items purchased by such recipient
with such amount.
`(5) ANNUAL REPORT ON HOMELAND SECURITY SPENDING- Each recipient of a
covered grant shall submit an annual report to the Secretary not later than
60 days after the end of each Federal fiscal year. Each recipient of a
covered grant that is a region must simultaneously submit its report to each
State of which any part is included in the region. Each recipient of a
covered grant that is a directly eligible tribe must simultaneously submit
its report to each State within the boundaries of which any part of such
tribe is located. Each report must include the following:
`(A) The amount, ultimate recipients, and dates of receipt of all
funds received under the grant during the previous fiscal year.
`(B) The amount and the dates of disbursements of all such funds
expended in compliance with paragraph (1) or pursuant to mutual aid
agreements or other sharing arrangements that apply within the State,
region, or directly eligible tribe, as applicable, during the previous
fiscal year.
`(C) How the funds were utilized by each ultimate recipient or
beneficiary during the preceding fiscal year.
`(D) The extent to which capabilities identified in the applicable
State homeland security plan or plans were achieved, maintained, or
enhanced as the result of the expenditure of grant funds during the
preceding fiscal year.
`(E) The extent to which capabilities identified in the applicable
State homeland security plan or plans remain unmet.
`(6) INCLUSION OF RESTRICTED ANNEXES- A recipient of a covered grant may
submit to the Secretary an annex to the annual report under paragraph (5)
that is subject to appropriate handling restrictions, if the recipient
believes that discussion in the report of unmet needs would reveal sensitive
but unclassified information.
`(i) Incentives to Efficient Administration of Homeland Security
Grants-
`(1) PENALTIES FOR DELAY IN PASSING THROUGH LOCAL SHARE- If a recipient
of a covered grant that is a State fails to pass through to local
governments, first responders, and other local groups funds or resources
required by subsection (g)(1) within 45 days after receiving funds under the
grant, the Secretary may--
`(A) reduce grant payments to the grant recipient from the portion of
grant funds that is not required to be passed through under subsection
(g)(1);
`(B) terminate payment of funds under the grant to the recipient, and
transfer the appropriate portion of those funds directly to local first
responders that were intended to receive funding under that grant;
or
`(C) impose additional restrictions or burdens on the recipient's use
of funds under the grant, which may include--
`(i) prohibiting use of such funds to pay the grant recipient's
grant-related overtime or other expenses;
`(ii) requiring the grant recipient to distribute to local
government beneficiaries all or a portion of grant funds that are not
required to be passed through under subsection (g)(1); or
`(iii) for each day that the grant recipient fails to pass through
funds or resources in accordance with subsection (g)(1), reducing grant
payments to the grant recipient from the portion of grant funds that is
not required to be passed through under subsection (g)(1), except that
the total amount of such reduction may not exceed 20 percent of the
total amount of the grant.
`(2) EXTENSION OF PERIOD- The Governor of a State may request in writing
that the Secretary extend the 45-day period under section 2003(e)(5)(E) or
paragraph (1) for an additional 15-day period. The Secretary may approve
such a request, and may extend such period for additional 15-day periods, if
the Secretary determines that the resulting delay in providing grant funding
to the local government entities that will receive funding under the grant
will not have a significant detrimental impact on such entities' terrorism
preparedness efforts.
`(3) PROVISION OF NON-LOCAL SHARE TO LOCAL GOVERNMENT-
`(A) IN GENERAL- The Secretary may upon request by a local government
pay to the local government a portion of the amount of a covered grant
awarded to a State in which the local government is located, if--
`(i) the local government will use the amount paid to expedite
planned enhancements to its terrorism preparedness as described in any
applicable State homeland security plan or plans;
`(ii) the State has failed to pass through funds or resources in
accordance with subsection (g)(1); and
`(iii) the local government complies with subparagraphs (B) and
(C).
`(B) SHOWING REQUIRED- To receive a payment under this paragraph, a
local government must demonstrate that--
`(i) it is identified explicitly as an ultimate recipient or
intended beneficiary in the approved grant application;
`(ii) it was intended by the grantee to receive a severable portion
of the overall grant for a specific purpose that is identified in the
grant application;
`(iii) it petitioned the grantee for the funds or resources after
expiration of the period within which the funds or resources were
required to be passed through under subsection (g)(1); and
`(iv) it did not receive the portion of the overall grant that was
earmarked or designated for its use or benefit.
`(C) EFFECT OF PAYMENT- Payment of grant funds to a local government
under this paragraph--
`(i) shall not affect any payment to another local government under
this paragraph; and
`(ii) shall not prejudice consideration of a request for payment
under this paragraph that is submitted by another local
government.
`(D) DEADLINE FOR ACTION BY SECRETARY- The Secretary shall approve or
disapprove each request for payment under this paragraph by not later than
15 days after the date the request is received by the Department.
`(j) Reports to Congress- The Secretary shall submit an annual report to
Congress by January 31 of each year covering the preceding fiscal year--
`(1) describing in detail the amount of Federal funds provided as
covered grants that were directed to each State, region, and directly
eligible tribe in the preceding fiscal year;
`(2) containing information on the use of such grant funds by grantees;
and
`(A) the Nation's progress in achieving, maintaining, and enhancing
the capabilities established by the Secretary as a result of the
expenditure of covered grant funds during the preceding fiscal year;
and
`(B) an estimate of the amount of expenditures required to attain
across the United States the essential capabilities established by the
Secretary.'.
TITLE II--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST
RESPONDERS
SEC. 201. IMPROVE COMMUNICATIONS FOR EMERGENCY RESPONSE GRANT PROGRAM.
(a) Establishment- 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 new section:
`SEC. 522. IMPROVE COMMUNICATIONS FOR EMERGENCY RESPONSE GRANT PROGRAM.
`(a) Establishment- The Secretary, acting through the Director of the
Office of Grants and Training and in coordination with the Director for
Emergency Communications, shall establish the Improve Communications for
Emergency Response Grant Program to make grants to States and regions to carry
out initiatives to improve interoperable emergency communications, including
initiatives to achieve solutions to statewide, regional, national, and, where
appropriate, international interoperability.
`(b) Use of Grant Funds- A State or region receiving a grant under this
section may use the grant for short-term or long-term goals for improving
interoperable emergency communications, including interoperability within that
State or region, and to assist with--
`(1) statewide or regional communications planning;
`(2) design and engineering for interoperable emergency communications
systems;
`(3) procurement and installation of interoperable emergency
communications equipment;
`(4) interoperable emergency communications exercises;
`(5) modeling and simulation exercises for operational command and
control functions;
`(6) technical assistance and training for interoperable emergency
communications; and
`(7) other activities determined by the Secretary to be integral to
interoperable emergency communications.
`(c) Region Defined- For the purposes of this section, the term `region'
means any combination of contiguous local government units, including such a
combination established by law or mutual aid agreement between two or more
local governments or governmental agencies.'.
(b) Authorization of Appropriations- There is authorized to be
appropriated to the Secretary of Homeland Security for grants under section
522 of the Homeland Security Act of 2002, as added by subsection (a)--
(1) such sums as may be necessary for the first fiscal year that begins
after the later of--
(A) the date on which the Secretary of Homeland Security completes and
submits to Congress the National Emergency Communications Plan required
under section 1802 of the Homeland Security Act of 2002 (6 U.S.C.
572);
(B) the date on which the Secretary of Homeland Security completes and
submits to Congress the first baseline interoperability assessment
required under section 1803 of such Act (6 U.S.C. 573); or
(C) the date on which the Secretary of Homeland Security, after
consultation with the Director of Emergency Communications, determines and
notifies Congress that substantial progress has been made towards the
development and promulgation of voluntary consensus-based interoperable
communications standards pursuant to section 1801(c)(11) of such Act (6
U.S.C. 571(c)(11)); and
(2) such sums as may be necessary for each subsequent fiscal year.
(c) Clerical Amendment- The table of contents in section 1(b) of that Act
is amended by inserting after the item relating to section 521 the
following:
`Sec. 522. Improve Communications for Emergency Response Grant
Program.'.
TITLE III--STRENGTHENING USE OF A UNIFIED INCIDENT COMMAND DURING
EMERGENCIES
SEC. 301. NATIONAL EXERCISE PROGRAM DESIGN.
Section 648(b)(2)(A) of the Department of Homeland Security Appropriations
Act, 2007 (Public Law 109-295) is amended by striking clauses (iv) and (v) and
inserting the following:
`(iv) designed to provide for systematic evaluation of readiness and
enhance operational understanding of the Incident Command System and
relevant mutual aid agreements;
`(v) designed to address the unique requirements of populations with
special needs; and
`(vi) designed to include the prompt development of after-action
reports and plans for quickly incorporating lessons learned into future
operations; and'.
SEC. 302. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
Section 648(b)(2)(B) of the Department of Homeland Security Appropriations
Act, 2007 (Public Law 109-295) is amended by striking so much as precedes
clause (i) and inserting the following:
`(B) shall include a selection of model exercises that State, local,
and tribal governments can readily adapt for use, and shall provide
assistance to State, local, and tribal governments with the design,
implementation, and evaluation of exercises, whether a model exercise
program or an exercise designed locally, that--'.
SEC. 303. RESPONSIBILITIES OF REGIONAL ADMINISTRATORS OF THE FEDERAL
EMERGENCY MANAGEMENT AGENCY.
Section 507(c)(2) of the Homeland Security Act of 2002 (enacted by section
611 of the Department of Homeland Security Appropriations Act, 2007 (Public
Law 109-295)) is amended by striking `and' after the semicolon at the end of
subparagraph (H), by redesignating subparagraph (I) as subparagraph (J), and
by inserting after subparagraph (H) the following:
`(I) assisting State, local, or tribal governments, where appropriate,
to pre-identify and evaluate suitable sites where a multi-jurisdictional
unified command system can be quickly established if the need for such a
system arises; and'.
TITLE IV--STRENGTHENING AVIATION SECURITY
SEC. 401. INSTALLATION OF IN-LINE BAGGAGE SCREENING EQUIPMENT.
Not later than 30 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 provisions.
SEC. 402. AVIATION SECURITY CAPITAL FUND.
(a) In General- Section 44923(h)(1) of title 49, United States Code, is
amended in the second sentence by striking `2007' and inserting `2011'.
(b) Discretionary Grants- Section 44923(h)(3) of such title is amended by
striking `for a fiscal year, $125,000,000' and inserting `, $125,000,000 for
each of fiscal years 2004, 2005, and 2006 and such sums as may be necessary
for each of fiscal years 2007 through 2011'.
SEC. 403. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.
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 Department of Homeland
Security a fund to be known as the `Checkpoint 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 for the research, development, purchase, deployment, and
installation of equipment to improve the ability of security screening
personnel at screening checkpoints to detect explosives.'.
SEC. 404. STRENGTHENING EXPLOSIVE DETECTION AT AIRPORT SCREENING
CHECKPOINTS.
Not later than 7 days after the date of enactment of this Act, the
Assistant Secretary for Homeland Security (Transportation Security
Administration) shall submit to the appropriate congressional committees the
strategic plan described in the section amended by section 4013(a) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat. 3719).
SEC. 405. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is amended by striking
`and 2006' and inserting `2006, 2007, 2008, 2009, 2010, and 2011'.
SEC. 406. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(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:
`(g) Air Cargo on Passenger Aircraft-
`(1) IN GENERAL- Not later than 3 years after the date of enactment of
the Implementing the 9/11 Commission Recommendations Act of 2007, the
Secretary of Homeland Security shall establish a system to inspect 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 paragraph (1) shall
require, at a minimum, that equipment, technology, procedures, and personnel
are used to inspect cargo carried on passenger aircraft to provide a level
of security equivalent to the level of security for the inspection of
passenger checked baggage as follows:
`(A) 35 percent of such cargo is so inspected by the end of fiscal
year 2007.
`(B) 65 percent of such cargo is so inspected by the end of fiscal
year 2008.
`(C) 100 percent of such cargo is so inspected by the end of fiscal
year 2009.
`(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.
`(i) IN GENERAL- If the Secretary issues an interim final rule under
subparagraph (A), the Secretary 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 subsection 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 1-year
period referred to in clause (i), the interim final rule issued under
subparagraph (A) shall not be effective after the last day of such
period.
`(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 shall transmit to Congress a
report that describes the system.'.
(b) Assessment of Exemptions-
(1) TSA ASSESSMENT OF EXEMPTIONS-
(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
regarding an assessment of each exemption granted for inspection of air
cargo and an analysis to assess the risk of maintaining such
exemption.
(B) CONTENTS- The report referred to in subparagraph (A) shall
include--
(i) the rationale for each exemption;
(ii) what percentage of cargo is not screened as a result of each
exemption;
(iii) the impact of each exemption on aviation security;
(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.
(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 provide to Congress an assessment of the methodology
of determinations made by the Secretary for maintaining, changing, or
eliminating an exemption.
SEC. 407. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR
PROHIBITED FROM BOARDING A FLIGHT.
(a) In General- Subtitle C of title IV of the Homeland Security Act of
2002 (6 U.S.C. 231 et. seq.) is amended by adding at the end the following:
`SEC. 432. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR
PROHIBITED FROM BOARDING A FLIGHT.
`(a) In General- The Secretary 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, the Bureau
of Customs and Border Protection, or any other Department entity.
`(b) Office of Appeals and Redress-
`(1) ESTABLISHMENT- The Secretary shall establish an Office of Appeals
and Redress to oversee the process established by the Secretary pursuant to
subsection (a).
`(2) RECORDS- The process established by the Secretary pursuant to
subsection (a) shall include the establishment of a method by which the
Office of Appeals and Redress, under the direction of the Secretary, will be
able to maintain a record of air carrier passengers and other individuals
who have been misidentified and have corrected erroneous information.
`(3) INFORMATION- To prevent repeated delays of a misidentified
passenger or other individual, the Office of Appeals and Redress
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 individual; and
`(B) furnish to the Transportation Security Administration, the Bureau
of Customs and Border Protection, or any other appropriate Department
entity, upon request, such information as may be necessary to allow such
agencies to assist air carriers in improving their administration of the
advanced passenger prescreening system and reduce the number of false
positives.
`(4) INITIATION OF APPEAL AND REDRESS PROCESS AT AIRPORTS- The Office of
Appeals and Redress shall establish at each airport at which the Department
has a significant presence a process to allow air carrier passengers to
begin the appeals process established pursuant to subsection (a) at the
airport.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is amended by inserting after the item relating to section 430 the
following:
`Sec. 432. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.'.
SEC. 408. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT.
(a) Elimination of Certain Personnel Management Authorities- Effective 90
days after the date of the enactment of this Act--
(1) section 111(d) of the Aviation and Transportation Security Act (49
U.S.C. 44935 note) is repealed and any authority of the Secretary of
Homeland Security derived from such section 111(d) shall terminate;
(2) any personnel management system, to the extent established or
modified pursuant to such section 111(d) (including by the Secretary through
the exercise of any authority derived from such section 111(d)) shall
terminate; and
(3) the Secretary shall ensure that all TSA employees are subject to the
same personnel management system as described in subsection (e)(1) or
(e)(2).
(b) Establishment of Certain Uniformity Requirements-
(1) SYSTEM UNDER SUBSECTION (e)(1)- The Secretary shall, with respect to
any personnel management system described in subsection (e)(1), take any
measures which may be necessary to provide for the uniform treatment of all
TSA employees under such system.
(2) SYSTEM UNDER SUBSECTION (e)(1)- Section 9701(b) of title 5, United
States Code, is amended--
(A) by striking `and' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and inserting
`; and'; and
(C) by adding at the end the following new paragraph:
`(6) provide for the uniform treatment of all TSA employees (as defined
in section 408(d) of the Implementing the 9/11 Commission Recommendations
Act of 2007).'.
(A) PROVISIONS RELATING TO A SYSTEM UNDER SUBSECTION (e)(1)- Any
measures necessary to carry out paragraph (1) shall take effect 90 days
after the date of the enactment of this Act.
(B) PROVISIONS RELATING TO A SYSTEM UNDER SUBSECTION (e)(2)- Any
measures necessary to carry out the amendments made by paragraph (2) shall
take effect 90 days after the date of the enactment of this Act or, if
later, the commencement date of the system involved.
(1) REPORT REQUIRED- Not later than 6 months after the date of the
enactment of this Act, the Government Accountability Office shall submit to
the Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report on--
(A) the pay system that applies with respect to TSA employees as of
the date of the enactment of this Act; and
(B) any changes to such system which would be made under any
regulations which have been prescribed under chapter 97 of title 5, United
States Code.
(2) MATTERS FOR INCLUSION- The report required under paragraph (1) shall
include--
(A) a brief description of each pay system described in paragraphs
(1)(A) and (1)(B), respectively;
(B) a comparison of the relative advantages and disadvantages of each
of those pay systems; and
(C) such other matters as the Government Accountability Office
considers appropriate.
(d) TSA Employee Defined- In this section, the term `TSA employee' means
an individual who holds--
(1) any position which was transferred (or the incumbent of which was
transferred) from the Transportation Security Administration of the
Department of Transportation to the Department of Homeland Security by
section 403 of the Homeland Security Act of 2002 (6 U.S.C. 203); or
(2) any other position within the Department of Homeland Security the
duties and responsibilities of which include carrying out one or more of the
functions that were transferred from the Transportation Security
Administration of the Department of Transportation to the Secretary by such
section.
(e) Personnel Management System Described- A personnel management system
described in this subsection is--
(1) any personnel management system, to the extent that it applies with
respect to any TSA employees by virtue of section 114(n) of title 49, United
States Code; and
(2) any human resources management system, established under chapter 97
of title 5, United States Code.
SEC. 409. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER
PRESCREENING SYSTEM.
Not later than 90 days after the date of the enactment of the Act, the
Secretary of Homeland Security shall submit to Congress a plan that--
(1) describes the system to be utilized for the Department of Homeland
Security to assume the performance of comparing passenger information, as
defined by the Assistant Secretary of Homeland Security (Transportation
Security Administration), 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 passenger on international flights; and
(4) describes how the system complies with section 552a of title 5,
United States Code.
TITLE V--STRENGTHENING THE SECURITY OF CARGO CONTAINERS
SEC. 501. REQUIREMENTS RELATING TO ENTRY OF CONTAINERS INTO THE UNITED
STATES.
(a) Requirements- Section 70116 of title 46, United States Code, is
amended by adding at the end the following new subsection:
`(c) Requirements Relating to Entry of Containers-
`(1) IN GENERAL- A container may enter the United States, either
directly or via a foreign port, only if--
`(A) the container is scanned with equipment that meets the standards
established pursuant to paragraph (2)(A) and a copy of the scan is
provided to the Secretary; and
`(B) the container is secured with a seal that meets the standards
established pursuant to paragraph (2)(B), before the container is loaded
on the vessel for shipment to the United States.
`(2) STANDARDS FOR SCANNING EQUIPMENT AND SEALS-
`(A) SCANNING EQUIPMENT- The Secretary shall establish standards for
scanning equipment required to be used under paragraph (1)(A) to ensure
that such equipment uses the best-available technology, including
technology to scan a container for radiation and density and, if
appropriate, for atomic elements.
`(B) SEALS- The Secretary shall establish standards for seals required
to be used under paragraph (1)(B) to ensure that such seals use the
best-available technology, including technology to detect any breach into
a container and identify the time of such breach.
`(C) REVIEW AND REVISION- The Secretary shall--
`(i) review and, if necessary, revise the standards established
pursuant to subparagraphs (A) and (B) not less than once every two
years; and
`(ii) ensure that any such revised standards require the use of
technology, as soon as such technology becomes available,
to--
`(I) identify the place of a breach into a
container;
`(II) notify the Secretary of such breach before the container
enters the Exclusive Economic Zone of the United States;
and
`(III) track the time and location of the container during transit
to the United States, including by truck, rail, or
vessel.
`(D) DEFINITION- In subparagraph (C), the term `Exclusive Economic
Zone of the United States' has the meaning given the term `Exclusive
Economic Zone' in section 2101(10a) of this title.'.
(b) Authorization of Appropriations- There are authorized to be
appropriated to carry out section 70116(c) of title 46, United States Code, as
added by subsection (a) of this section, such sums as may be necessary for
each of the fiscal years 2008 through 2013.
(c) Regulations; Application-
(A) INTERIM FINAL RULE- Consistent with the results of and lessons
derived from the pilot system implemented under section 231 of the SAFE
Port Act (Public Law 109-347), the Secretary of Homeland Security shall
issue an interim final rule as a temporary regulation to implement section
70116(c) of title 46, United States Code, as added by subsection (a) of
this section, not later than 180 days after the date of the submission of
the report under section 231 of the SAFE Port Act, without regard to the
provisions of chapter 5 of title 5, United States Code.
(B) FINAL RULE- The Secretary shall issue a final rule as a permanent
regulation to implement section 70116(c) of title 46, United States Code,
as added by subsection (a) of this section, not later than one year after
the date of the submission of the report under section 231 of the SAFE
Port Act, in accordance with the provisions of chapter 5 of title 5,
United States Code. The final rule issued pursuant to that rulemaking may
supersede the interim final rule issued pursuant to subparagraph
(A).
(2) PHASED-IN APPLICATION-
(A) IN GENERAL- The requirements of section 70116(c) of title 46,
United States Code, as added by subsection (a) of this section, apply with
respect to any container entering the United States, either directly or
via a foreign port, beginning on--
(i) the end of the 3-year period beginning on the date of the
enactment of this Act, in the case of a container loaded on a vessel
destined for the United States in a country in which more than 75,000
twenty-foot equivalent units of containers were loaded on vessels for
shipping to the United States in 2005; and
(ii) the end of the 5-year period beginning on the date of the
enactment of this Act, in the case of a container loaded on a vessel
destined for the United States in any other country.
(B) EXTENSION- The Secretary may extend by up to one year the period
under clause (i) or (ii) of subparagraph (A) for containers loaded in a
port, if the Secretary--
(i) finds that the scanning equipment required under section
70116(c) of title 46, United States Code, as added by subsection (a) of
this section, is not available for purchase and installation in the
port; and
(ii) at least 60 days prior to issuing such extension, transmits
such finding to the appropriate congressional committees.
(d) International Cargo Security Standards- The Secretary, in consultation
with the Secretary of State, is encouraged to promote and establish
international standards for the security of containers moving through the
international supply chain with foreign governments and international
organizations, including the International Maritime Organization and the World
Customs Organization.
(e) International Trade and Other Obligations- In carrying out section
70116(c) of title 46, United States Code, as added by subsection (a) of this
section, the Secretary shall consult with appropriate Federal departments and
agencies and private sector stakeholders to ensure that actions under such
section do not violate international trade obligations or other international
obligations of the United States.
TITLE VI--STRENGTHENING EFFORTS TO PREVENT TERRORIST
TRAVEL
Subtitle A--Human Smuggling and Trafficking Center
Improvements
SEC. 601. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND
TRAFFICKING CENTER.
(a) In General- The Secretary, acting through the Assistant Secretary of
Homeland Security for United States Immigration and Customs Enforcement, shall
provide to the Human Smuggling and Trafficking Center (in this section
referred to as the `Center') the administrative support and funding required
for its maintenance, including funding for personnel, leasing of office space,
supplies, equipment, technology, training, and travel expenses necessary for
the Center to carry out its mission.
(b) Staffing of the Center-
(1) IN GENERAL- Funding provided under subsection (a) shall be used for
the hiring of for not fewer than 30 full-time equivalent staff for the
Center, to include the following:
(B) One Deputy Director for Smuggling.
(C) One Deputy Director for Trafficking.
(D) One Deputy Director for Terrorist Travel.
(E) Not fewer than 15 intelligence analysts or Special Agents, to
include the following:
(i) Not fewer than ten such analysts or Agents shall be intelligence
analysts or law enforcement agents who shall be detailed from entities
within the Department of Homeland Security with human smuggling and
trafficking related responsibilities, as determined by the
Secretary.
(ii) Not fewer than one full time professional staff detailee from
each of the United States Coast Guard, United States Immigration and
Customs Enforcement, United States Customs and Border Protection,
Transportation Security Administration, and the Office of Intelligence
and Analysis.
(2) REQUIREMENTS- Intelligence analysts or Special Agents detailed to
the Center under paragraph (1)(E) shall have at least three years experience
related to human smuggling or human trafficking.
(3) DURATION OF ASSIGNMENT- An intelligence analyst or Special Agent
detailed to the Center under paragraph (1)(E) shall be detailed for a period
of not less than two years.
(c) Funding Reimbursement- In operating the Center, the Secretary of
Homeland Security shall act in accordance with all applicable requirements of
the Economy Act (31 U.S.C. 1535), and shall seek reimbursement from the
Attorney General and the Secretary of State, in such amount or proportion as
is appropriate, for costs associated with the participation of the Department
of Justice and the Department of State in the operation of the Center.
(d) Development of Plan- The Secretary of Homeland Security shall develop
a plan for the Center that--
(1) defines the roles and responsibilities of each Department
participating in the Center;
(2) describes how the Department of Homeland Security shall utilize its
resources to ensure that the Center uses intelligence to focus and drive its
efforts;
(3) describes the mechanism for the sharing of information from United
States Immigration and Customs Enforcement and United States Customs and
Border Protection field offices to the Center;
(4) describes the mechanism for the sharing of homeland security
information from the Center to the Office of Intelligence and Analysis,
including how such sharing shall be consistent with section 1016(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458);
(5) establishes reciprocal security clearance status to other
participating agencies in the Center in order to ensure full access to
necessary databases;
(6) establishes or consolidates networked systems for the Center;
and
(7) ensures that the assignment of personnel to the Center from agencies
of the Department of Homeland Security is incorporated into the civil
service career path of such personnel.
(e) Memorandum of Understanding- The Secretary of Homeland Security shall
execute with the Attorney General a Memorandum of Understanding in order to
clarify cooperation and coordination between United States Immigration and
Customs Enforcement and the Federal Bureau of Investigation regarding issues
related to human smuggling, human trafficking, and terrorist travel.
(f) Coordination With the Office of Intelligence and Analysis- The Office
of Intelligence and Analysis, in coordination with the Center, shall submit to
Federal, State, local, and tribal law enforcement and other relevant agencies
periodic reports regarding terrorist threats related to human smuggling, human
trafficking, and terrorist travel.
Subtitle B--International Collaboration to Prevent Terrorist
Travel
SEC. 611. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER SECURITY,
ENHANCE GLOBAL DOCUMENT SECURITY, 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 Secretary 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 congressional 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 terrorist 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 congressional
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 Committee on the Judiciary, and the
Select Committee on Intelligence of the Senate.
Subtitle C--Biometric Border Entry and Exit System
SEC. 621. SUBMITTAL OF PLAN ON BIOMETRIC ENTRY AND EXIT VERIFICATION SYSTEM
IMPLEMENTATION.
Not later than 7 days after the date of the enactment of this Act, the
Secretary for Homeland Security shall submit to the Committee on Homeland
Security and the Committee on the Judiciary and the Committee on Homeland
Security and Governmental Affairs and the Committee on the Judiciary of the
Senate the plan developed by the Secretary under section 7208(c) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C.
1365b(c)(2)) to accelerate the full implementation of an automated biometric
entry and exit data system.
TITLE VII--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITH LOCAL LAW
ENFORCEMENT AND FIRST RESPONDERS
Subtitle A--Fusion and Law Enforcement Education and Teaming (FLEET)
Grant Program
SEC. 701. FINDINGS.
Congress finds the following:
(1) The intelligence component of a State, local, or regional fusion
center (in this title referred to generally as `fusion centers') focuses on
the intelligence process, in which information is collected, integrated,
evaluated, analyzed, and disseminated. The Federal Government and
nontraditional sources of intelligence information--such as public safety
entities at the State, local, and tribal levels, and private sector
organizations--all possess valuable information that when `fused' with law
enforcement data and properly analyzed at fusion centers can provide law
enforcement officers with specific and actionable intelligence about
terrorist and related criminal activity.
(2) Participation by local and tribal law enforcement officers and
intelligence analysts in fusion centers helps secure the homeland by
involving such officers and analysts in the intelligence process on a daily
basis, by helping them build professional relationships across every level
and discipline of government and the private sector, and by ensuring that
intelligence and other information, including threat assessment, public
safety, law enforcement, public health, social service, and public works, is
shared throughout and among relevant communities. Such local and tribal
participation in fusion centers supports the efforts of all law enforcement
agencies and departments to anticipate, identify, monitor, and prevent
terrorist and related criminal activity.
(3) Some local and tribal law enforcement agencies and departments,
however, lack resources to participate fully in fusion centers.
(4) Needs-based grant funding will maximize the participation of local
and tribal law enforcement agencies and departments in fusion centers by
reducing the costs associated with detailing officers and intelligence
analysts to fusion centers. Consequently, such grant funding will not only
promote the development of more effective, resourceful, and situationally
aware fusion centers, but will also advance the cause of homeland
security.
SEC. 702. FLEET GRANT PROGRAM.
(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 new section:
`SEC. 203. FLEET GRANT PROGRAM.
`(a) Implementation Plan and Establishment-
`(1) IMPLEMENTATION PLAN- Not later than 90 days after the date of the
enactment of the Implementing the 9/11 Commission Recommendations Act of
2007, the Secretary shall develop a Fusion and Law Enforcement Education and
Teaming Grant Program (in this section referred to as the `FLEET Grant
program') implementation plan and submit to the appropriate congressional
committees a copy of such plan. In developing such plan, the Secretary shall
consult with the Attorney General, the Bureau of Justice Assistance, and the
Office of Community Oriented Policing of the Department of Justice and shall
encourage the participation of fusion centers and local and tribal law
enforcement agencies and departments in the development of such plan. Such
plan shall include--
`(A) a clear articulation of the purposes, goals, and specific
objectives for which the program is being developed;
`(B) an identification of program stakeholders and an assessment of
their interests in and expectations for the program;
`(C) a developed set of quantitative metrics to measure, to the extent
possible, program output; and
`(D) a developed set of qualitative instruments (e.g., surveys and
expert interviews) to assess the extent to which stakeholders believe
their needs and expectations are being met by the program.
`(2) ESTABLISHMENT- Not later than 180 days after the enactment of the
Implementing the 9/11 Commission Recommendations Act of 2007, the Secretary
shall implement and carry out a FLEET Grant program under which the
Secretary, in consultation with the Attorney General, shall make grants to
local and tribal law enforcement agencies and departments specified by the
Secretary, in consultation with the Attorney General, for the purposes
described in subsection (b). Subject to subsection (g), each such grant
shall be made for a two-year period.
`(b) Use of Grant Amounts-
`(1) IN GENERAL- A grant made to a local or tribal law enforcement
agency or department under subsection (a) shall be used to enable such
agency or department to detail eligible law enforcement personnel to
participate in a fusion center that serves the geographic area in which such
agency or department is located, and may be used for the following
purposes:
`(A) To hire new personnel, or to pay existing personnel, to perform
the duties of eligible law enforcement personnel who are detailed to a
fusion center during the absence of such detailed personnel.
`(B) To provide appropriate training, as determined and required by
the Secretary, in consultation with the Attorney General, for eligible law
enforcement personnel who are detailed to a fusion center.
`(C) To establish communications connectivity between eligible law
enforcement personnel who are detailed to a fusion center and the home
agency or department of such personnel in accordance with all applicable
laws and regulations.
`(2) MANDATORY PRIVACY AND CIVIL LIBERTIES TRAINING- All eligible law
enforcement personnel detailed to a fusion center under the FLEET Grant
Program shall undergo appropriate privacy and civil liberties training that
is developed, supported, or sponsored by the Privacy Officer and the Officer
for Civil Rights and Civil Liberties in partnership with the Privacy and
Civil Liberties Oversight Board.
`(3) LIMITATION- A local or tribal law enforcement agency or department
participating in the FLEET Grant program shall continue to provide a salary
and benefits to any eligible law enforcement personnel detailed to a fusion
center, in the same amounts and under the same conditions that such agency
or department provides a salary and benefits to such personnel when not
detailed to a fusion center. None of the funds provided by the FLEET grant
program may be used to carry out this paragraph.
`(4) ELIGIBLE LAW ENFORCEMENT PERSONNEL DEFINED- For purposes of this
section, the term `eligible law enforcement personnel' means any local or
tribal law enforcement officer or intelligence analyst who meets each
eligibility requirement specified by the Secretary. Such eligibility
requirements shall include a requirement that the officer or analyst has at
least two years of experience as a law enforcement officer or intelligence
analyst with the local or tribal law enforcement agency or department
selected to participate in the FLEET Grant program.
`(1) IN GENERAL- No grant may be made under subsection (a) unless an
application for such grant has been submitted to, and approved by, the
Secretary, in consultation with the Attorney General. Such an application
shall be submitted in such form, manner, and time, and shall contain such
information, as the Secretary, in consultation with the Attorney General,
may prescribe by regulation or guidelines.
`(2) JOINT APPLICATIONS- A local or tribal law enforcement agency or
department may file a joint grant application to detail eligible law
enforcement personnel to a fusion center. Such application shall be--
`(A) for a single detailed officer or intelligence analyst, who shall
be detailed to work at a fusion center on a full-time basis; or
`(B) in the case of participating local and tribal law enforcement
agencies or departments for which a detail arrangement described in
subparagraph (A) is likely to result in hardship due to a staffing
shortage (as determined by the Secretary, in consultation with the
Attorney General), for several eligible law enforcement personnel from
multiple local or tribal law enforcement agencies or departments in the
same geographic area, who shall be detailed to a fusion center, each on a
part-time basis, as part of a shared detail arrangement, as long
as--
`(i) any hours worked by a detailed officer or analyst at a fusion
center in a shared detail arrangement shall be counted toward the hourly
shift obligations of such officer or analyst at his or her local or
tribal law enforcement agency or department; and
`(ii) no detailed officer or analyst working at a fusion center in a
shared detail arrangement shall be required to regularly work more hours
than the officer or analyst would otherwise work if the officer or
analyst was not participating in the shared detail
arrangement.
`(d) Distribution of Grants- In considering applications for grants under
subsection (a), the Secretary, in consultation with the Attorney General,
shall ensure that, to the extent practicable--
`(1) entities that receive such grants are representative of a broad
cross-section of local and tribal law enforcement agencies and
departments;
`(2) an appropriate geographic distribution of grants is made among
urban, suburban, and rural communities; and
`(3) such grants are awarded based on consideration of any assessments
of risk by the Department of Homeland Security.
`(e) Priority- The Secretary, in consultation with the Attorney General,
shall issue regulations regarding the use of a sliding scale based on
financial need to ensure that a local or tribal law enforcement agency or
department that is eligible to receive a grant under subsection (a) and that
demonstrates to the satisfaction of the Secretary, in consultation with the
Attorney General, that it is in financial need (as determined by the
Secretary, in consultation with the Attorney General) receives priority in
receiving funds under this section.
`(1) IN GENERAL- Subject to paragraph (2), the portion of the costs of a
program, project, or activity funded by a grant made to an entity under
subsection (a) may not exceed 80 percent.
`(2) EXCEPTION- The Secretary, in consultation with the Attorney
General, may waive, wholly or in part, the requirement under paragraph (1)
of a non-Federal contribution to the costs of a program, project, or
activity if the entity receiving the grant for such program, project, or
activity can demonstrate to the satisfaction of the Secretary, in
consultation with the Attorney General, that it would be a hardship for such
entity to satisfy such requirement.
`(g) Renewal of Grants- A grant made to a local or tribal law enforcement
agency or department under subsection (a) may be renewed on an annual basis
for an additional year after the first two-year period during which the entity
receives its initial grant, if--
`(1) the entity can demonstrate to the satisfaction of the Secretary, in
consultation with the Attorney General, significant progress in achieving
the objectives of the application for the initial grant involved; and
`(2) such renewal would not prevent another local or tribal law
enforcement agency or department that has applied for a grant under
subsection (a), has not previously received such a grant, and that would
otherwise qualify for such a grant, from receiving such a grant, as
determined by the Secretary, in consultation with the Attorney
General.
`(h) Revocation or Suspension of Funding- If the Secretary, in
consultation with the Attorney General, determines that a grant recipient
under this section is not in substantial compliance with the terms and
requirements of an approved grant application submitted under subsection (c),
the Secretary, in consultation with the Attorney General, may revoke or
suspend funding of that grant, in whole or in part. In the case of a
revocation or suspension of funds under this subsection based on a
determination of fraud, waste, or abuse, with respect to a grant recipient,
such grant recipient shall be required to refund the grant funds received
under subsection (a) that are related to such fraud, waste, or abuse,
respectively.
`(1) REPORTS TO SECRETARY- Each local or tribal law enforcement agency
or department that receives a grant under subsection (a) shall submit to the
Secretary and the Attorney General a report for each year such agency or
department is a recipient of such grant. Each such report shall include a
description and evaluation of each program, project, or activity funded by
such grant.
`(2) REPORT TO CONGRESS- One year after the date of the implementation
of the FLEET grant program, and biannually thereafter, the Secretary, in
consultation with the Attorney General, shall submit to the appropriate
congressional committees a report describing the implementation and progress
of the FLEET Grant Program. Each such report shall include the
following:
`(A) A list of the local and tribal law enforcement agencies and
departments receiving grants.
`(B) Information on the grant amounts awarded to each such agency or
department.
`(C) Information on the programs, projects, and activities for which
the grant funds are used.
`(D) An evaluation of the effectiveness of the FLEET Grant program
with respect to the cause of advancing homeland security,
including--
`(i) concrete examples of enhanced information sharing and a
description of any preventative law enforcement actions taken based on
such information sharing;
`(ii) an evaluation of the effectiveness of the detail arrangements
with FLEET Grant program grant recipients;
`(iii) an evaluation of how the FLEET Grant program benefits the
fusion centers;
`(iv) a description of how individual law enforcement officers and
intelligence analysts detailed to the fusion centers benefit from the
detail experience; and
`(v) an evaluation of how the detail of the law enforcement officers
and intelligence analysts assists the fusion centers in learning more
about criminal or terrorist organizations operating within their areas
of operation, including a description of any homeland security
information requirements that were developed, or any homeland security
information gaps that were filled, as a result of the detail
arrangement.
`(E) An analysis of any areas of need, with respect to the advancement
of homeland security, that could be addressed through additional funding
or other legislative action.
`(j) Customer Satisfaction Surveys- The Secretary, in consultation with
the Attorney General, shall create a mechanism for State, local, and tribal
law enforcement officers and intelligence analysts who participate in the
FLEET Grant program to fill out an electronic customer satisfaction survey, on
an appropriate periodic basis, to assess the effectiveness of the FLEET Grant
program with respect to improving information sharing. The results of these
voluntary surveys shall be provided electronically to appropriate personnel at
the Office of Grants and Training of the Department and at the Bureau of
Justice Assistance and the Office of Community Oriented Policing of the
Department of Justice. The results of these customer satisfaction surveys
shall also be included in an appropriate format in the reports described in
subsection (i).
`(k) Continuation Assessment- Five years after the date of the
implementation of the FLEET Grant program, the Secretary, in consultation with
the Attorney General, shall submit to the appropriate congressional committees
a FLEET Grant program continuation assessment. Such continuation assessment
shall--
`(1) recommend whether Congress should continue to authorize and fund
the FLEET Grant program (as authorized under this section or with proposed
changes), and provide the reasoning for such recommendation; and
`(2) if the Secretary recommends the continuation of the FLEET Grant
program--
`(A) recommend any changes to the program which the Secretary, in
consultation with the Attorney General, has identified as necessary to
improve the program, and the reasons for any such changes;
`(B) list and describe legislative priorities for Congress relating to
the continuation of the program; and
`(C) provide recommendations for the amounts of funding that should be
appropriated for the continuation of the program in future fiscal years,
including justifications for such amounts.
`(l) General Regulatory Authority- The Secretary, in consultation with the
Attorney General, may promulgate regulations and guidelines to carry out this
section.
`(m) Definitions- For the purposes of this section:
`(1) The term `local law enforcement agency or department' means a local
municipal police department or a county sheriff's office in communities
where there is no police department.
`(2) The term `tribal law enforcement agency or department' means the
police force of an Indian tribe (as such term is defined in section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b))
established and maintained by such a tribe pursuant to the tribe's powers of
self-government to carry out law enforcement.'.
(b) Definition of Fusion Center- Section 2 of such Act is amended by
adding at the end the following new paragraph:
`(17) The terms `State, local, or regional fusion center' and `fusion
center' mean a State intelligence center or a regional intelligence center
that is the product of a collaborative effort of at least two qualifying
agencies that provide resources, expertise, or information to such center
with the goal of maximizing the ability of such intelligence center and the
qualifying agencies participating in such intelligence center to provide and
produce homeland security information required to detect, prevent,
apprehend, and respond to terrorist and criminal activity. For purposes of
the preceding sentence, qualifying agencies include--
`(A) State, local, and tribal law enforcement authorities, and
homeland and public safety agencies;
`(B) State, local, and tribal entities responsible for the protection
of public health and infrastructure;
`(C) private sector owners of critical infrastructure, as defined in
section 1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA
PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e));
`(D) Federal law enforcement and homeland security entities;
and
`(E) other appropriate entities specified by the Secretary.'.
(c) Clerical Amendment- The table of contents in section 1(b) of such Act
is amended by inserting after the item relating to section 202 the
following:
`Sec. 203. FLEET Grant Program.'.
Subtitle B--Border Intelligence Fusion Center Program
SEC. 711. FINDINGS.
Congress finds the following:
(1) The United States has 216 airports, 143 seaports, and 115 official
land border crossings that are official ports of entry. Screening all the
people and goods coming through these busy ports is an enormous resource
challenge for the men and women of the Department of Homeland Security
(`Department') .
(2) Department personnel, including personnel from the Bureau of Customs
and Border Protection (`CBP') and U.S. Immigration and Customs Enforcement
(`ICE'), cannot be everywhere at all times to ensure that terrorists,
weapons of mass destruction, and other related contraband are not being
smuggled across the border in order to support attacks against the United
States.
(3) State, local, and tribal law enforcement personnel are uniquely
situated to help secure the border areas in their respective jurisdictions
by serving as `force multipliers'. To do so, however, law enforcement
officers need access to available border intelligence developed by the
Department. Such access shall help State, local, and tribal law enforcement
personnel deploy their resources most effectively to detect and interdict
terrorists, weapons of mass destruction, and related contraband at United
States borders.
(4) The Department has not yet developed a single, easily accessible,
and widely available system to consistently share border intelligence and
other information with its State, local, and tribal law enforcement
partners. It likewise has failed to establish a process by which State,
local, and tribal law enforcement personnel can consistently share with the
Department information that they obtain that is relevant to border
security.
(5) As a result, State, local, and tribal law enforcement personnel
serving jurisdictions along the northern and southern borders typically
depend upon personal relationships with CBP and ICE personnel in their
respective jurisdictions to get the information they need. While personal
relationships have helped in some locales, they have not in others. This has
led to an inconsistent sharing of border intelligence from jurisdiction to
jurisdiction.
(6) State, local, and regional fusion centers (`fusion centers') may
help improve this situation.
(7) In the wake of the terrorist attacks of September 11, 2001, numerous
State, local, and tribal authorities responsible for the protection of the
public and critical infrastructure established fusion centers to help
prevent terrorist attacks while at the same time preparing to respond to and
recover from a terrorist attack should one occur.
(8) Most border States have some variation of a fusion center.
(9) In general, while the Federal Government has helped to establish
fusion centers through the Department's grants, a substantial percentage of
the financial burden to support ongoing fusion center operations is borne by
States and localities.
(10) The Department, and in particular, the Department's Office of
Intelligence and Analysis, has undertaken a program through which it sends
such office's personnel to fusion centers to establish a Department presence
at those centers. In so doing, the hope is that such personnel will serve as
a point of contact for information being shared at fusion centers by State,
local, and tribal law enforcement personnel. Personnel at fusion centers
hopefully will also act as a channel for information being shared by the
Department itself.
(11) Border State, local, and tribal law enforcement officers anticipate
that fusion centers will be a critical source of border intelligence from
the Department. While the Department's border intelligence products
generated in the District of Columbia and disseminated to fusion centers
will undoubtedly be helpful, a far richer source of border intelligence will
likely come from CBP and ICE personnel working locally in border
jurisdictions themselves.
(12) Establishing a CBP and ICE presence at border State fusion centers
will help ensure the most consistent, timely, and relevant flow of border
intelligence to and from the Department and State, local, and tribal law
enforcement in border communities. Border State fusion centers thus could
serve as a tool to build upon the personal relationships and information
sharing that exists in some, but not all, jurisdictions between CBP, ICE,
and State, local, and tribal law enforcement.
SEC. 712. ESTABLISHMENT OF BORDER INTELLIGENCE FUSION CENTER PROGRAM.
(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 new section:
`SEC. 204. BORDER INTELLIGENCE FUSION CENTER PROGRAM.
`(1) IN GENERAL- There is established in the Department the Border
Intelligence Fusion Center Program, to be administered by the Under
Secretary for Intelligence and Analysis, for the purpose of stationing
Bureau of Customs and Border Protection and U.S. Immigration and Customs
Enforcement officers or intelligence analysts in the fusion centers of
participating border States.
`(2) NEW HIRES- Funding provided under the Border Intelligence Fusion
Center Program shall be available to hire new CBP and ICE officers or
intelligence analysts to replace CBP and ICE officers or intelligence
analysts who are stationed at border State fusion centers under this
section.
`(1) IN GENERAL- The Secretary may develop qualifying criteria for a
border state fusion center's participation in the Border Intelligence Fusion
Center Program.
`(2) CRITERIA- Such criteria may include the following:
`(A) Whether the center focuses on a broad counterterrorism and
counter-criminal approach, and whether that broad approach is pervasive
through all levels of the organization.
`(B) Whether the center has sufficient numbers of adequately trained
personnel to support a broad counterterrorism and counter-criminal
mission.
`(C) Whether the center has access to relevant law enforcement,
private sector, open source, and national security data, as well as the
ability to share and analytically exploit such data for actionable ends in
accordance with all applicable laws and regulations.
`(D) The entity or entities providing financial support for the
center's funding.
`(E) Whether the center's leadership is committed to the fusion
center's mission, and how the leadership sees the center's role in
terrorism prevention, mitigation, response, and recovery.
`(c) Assignment- Wherever possible, not fewer than one CBP officer or
intelligence analyst and one ICE officer or intelligence analyst shall be
stationed at each participating border State fusion center.
`(1) PRIOR WORK EXPERIENCE IN AREA- To be stationed at a border State
fusion center under this section, a CBP or ICE officer shall have served as
a CBP or ICE officer in the State in which the fusion center where such
officer shall be stationed is located for not less than two years before
such assignment in order to ensure that such officer is familiar with the
geography and people living in border communities, as well as the State,
local, and tribal law enforcement agencies serving those communities.
`(2) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES TRAINING-
Before being stationed at a border State fusion center under this section, a
CBP or ICE officer shall undergo--
`(A) appropriate intelligence analysis training via an
intelligence-led policing curriculum that is consistent with the standards
and recommendations of the National Criminal Intelligence Sharing Plan,
the Department of Justice and Department Fusion Center Guidelines, title
28, part 23, Code of Federal Regulations, as well as any other training
prescribed by the Under Secretary for Intelligence and Analysis;
and
`(B) appropriate privacy and civil liberties training that is
developed, supported, or sponsored by the Privacy Officer and the Officer
for Civil Rights and Civil Liberties in partnership with the Privacy and
Civil Liberties Oversight Board.
`(3) EXPEDITED SECURITY CLEARANCE PROCESSING- The Under Secretary for
Intelligence and Analysis shall ensure that security clearance processing is
expedited for each CBP and ICE officer or intelligence analyst stationed at
border State fusion centers under this section and shall ensure that such
officer or analyst has the appropriate clearance to conduct the work of the
Border Intelligence Fusion Center Program.
`(4) FURTHER QUALIFICATIONS- Each CBP and ICE officer or intelligence
analyst stationed at a border State fusion center under this section shall
satisfy any other qualifications the Under Secretary for Intelligence and
Analysis may prescribe.
`(A) CREATION AND DISSEMINATION OF BORDER INTELLIGENCE PRODUCTS- CBP
and ICE officers and intelligence analysts assigned to border State fusion
centers under this section will help State, local, and tribal law
enforcement in jurisdictions along the northern and southern borders, and
border State fusion center staff, overlay threat and suspicious activity
with Federal homeland security information in order to develop a more
comprehensive and accurate threat picture. Such CBP and ICE officers and
intelligence analysts accordingly shall have as their primary mission the
review of border security-relevant information from State, local, and
tribal law enforcement sources, and the creation of border intelligence
products derived from such information and other border-security relevant
information provided by the Department, and the dissemination of such
products to border State, local, and tribal law enforcement. CBP and ICE
officers or intelligence analysts assigned to border State fusion centers
under this section shall also provide such products to the Office of
Intelligence and Analysis of the Department for collection and
dissemination to other fusion centers in other border States.
`(B) DATABASE ACCESS- In order to fulfill the objectives described in
subparagraph (A), CBP and ICE officers and intelligence analysts stationed
at border State fusion centers under this section shall have direct access
to all relevant databases at their respective agencies.
`(C) CUSTOMER SATISFACTION SURVEYS- The Secretary shall create a
mechanism for State, local, and tribal law enforcement officers who are
consumers of the intelligence products described in subparagraph (A) to
fill out an electronic customer satisfaction survey whenever they access
such a product. The results of these voluntary surveys should be provided
electronically to appropriate personnel of the Department. The results of
these customer satisfaction surveys should also be included in an
appropriate format in the annual status reports described in subsection
(h)(2)(A).
`(2) CULTIVATION OF RELATIONSHIPS- CBP and ICE officers and intelligence
analysts stationed at border State fusion centers under this section shall
actively cultivate relationships with State, local, and tribal law
enforcement personnel in border communities in order to satisfy the mission
described in paragraph (1), and shall make similar outreach to Canadian and
Mexican law enforcement authorities serving neighboring communities across
the northern and southern borders. CBP and ICE officers and intelligence
analysts stationed at border State fusion centers under this section may
also serve as a conduit of border intelligence products from the Department
itself and shall ensure that such products are provided to all appropriate
law enforcement agencies, departments, and offices in border States.
`(f) Rule of Construction- Nothing in this section shall be construed to
require a border State fusion center to participate in the Border Intelligence
Fusion Center Program.
`(1) DEVELOPMENT OF IMPLEMENTATION PLAN-
`(A) IN GENERAL- Not later than 90 days after the date of the
enactment of the Implementing the 9/11 Commission Recommendations Act of
2007, the Secretary shall develop a Border Intelligence Fusion Center
Program implementation plan and submit to the appropriate congressional
committees a copy of such plan. In developing such plan, the Secretary
shall consult with State, local, and tribal authorities responsible for
border State fusion centers.
`(B) CONTENTS- The implementation plan should also address the
following elements for effective program assessment:
`(i) A clear articulation of the purposes, goals, and specific
objectives for which the program is being developed.
`(ii) An identification of program stakeholders and an assessment of
their interests in and expectations of the program.
`(iii) A developed set of quantitative metrics to measure, to the
extent possible, program output.
`(iv) A developed set of qualitative instruments (e.g., surveys and
expert interviews) to assess the extent to which stakeholders believe
their needs and expectations are being met.
`(2) STATUS REPORTS AND CONTINUATION ASSESSMENT-
`(i) IN GENERAL- The Secretary shall submit to the appropriate
congressional committees status reports on the Border Intelligence
Fusion Center Program. The reports shall address the elements described
in paragraph (1)(B). The reports shall also include the
following:
`(I) A description of the training programs in place for CBP and
ICE officers and intelligence analysts participating in the
program.
`(II) A listing of the border State fusion centers where CBP and
ICE officers and intelligence analysts are deployed.
`(III) A representative survey of State, local, and tribal law
enforcement officers serving border jurisdictions regarding the
specificity and actionable nature of the border intelligence provided
by CBP and ICE officers at such fusion centers.
`(IV) A description of the results of the customer satisfaction
surveys submitted by users of the products described in subsection
(e)(1).
`(ii) DEADLINES- Status reports under clause (i) shall be submitted
not later than--
`(I) one year after the date of the enactment of the Implementing
the 9/11 Commission Recommendations Act of 2007; and
`(II) three and five years after the date on which the Border
Intelligence Fusion Center Program is established.
`(B) CONTINUATION ASSESSMENT- Not later than the end of the fifth year
following the date on which the Border Intelligence Fusion Center Program
is established, the Secretary shall submit to the appropriate
congressional committees a Border Intelligence Fusion Center Program
Continuation Assessment. The continuation assessment shall accomplish the
following:
`(i) Recommend whether the program should continue in its present or
some altered form or not.
`(ii) Provide the reasons for that recommendation.
`(iii) If the recommendation is that the program should continue,
list and describe legislative priorities for Congress regarding the
continuation of the program, and provide recommended appropriations
amounts and justifications for them.
`(h) Definition of Border State Fusion Center- The term `border State
fusion center' means a fusion center located in the State of Washington,
Idaho, Montana, North Dakota, Minnesota, Wisconsin, Michigan, Ohio,
Pennsylvania, New York, Vermont, New Hampshire, Maine, California, Arizona,
New Mexico, or Texas.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is amended by inserting after the item relating to section 203 the
following:
`Sec. 204. Border Intelligence Fusion Center Program.'.
Subtitle C--Homeland Security Information Sharing
Enhancement
SEC. 721. SHORT TITLE.
This subtitle may be cited as the `Homeland Security Information Sharing
Enhancement Act of 2007'.
SEC. 722. HOMELAND SECURITY ADVISORY SYSTEM.
(a) 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. 205. HOMELAND SECURITY ADVISORY SYSTEM.
`(a) Requirement- The Under Secretary for Intelligence and Analysis shall
implement a Homeland Security Advisory System in accordance with this section
to provide public advisories and alerts regarding threats to homeland
security, including national, regional, local, and economic sector advisories
and alerts, as appropriate.
`(b) Required Elements- The Under Secretary, under the System--
`(1) shall include, in each advisory and alert regarding a threat,
information on appropriate protective measures and countermeasures that may
be taken in response to the threat;
`(2) shall, whenever possible, limit the scope of each advisory and
alert to a specific region, locality, or economic sector believed to be at
risk; and
`(3) shall not, in issuing any advisory or alert, use color designations
as the exclusive means of specifying the homeland security threat conditions
that are the subject of the advisory or alert.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is amended by adding at the end of the items relating to subtitle A of title
II the following:
`Sec. 205. Homeland Security Advisory System.'.
SEC. 723. HOMELAND SECURITY INFORMATION SHARING.
(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. 206. HOMELAND SECURITY INFORMATION SHARING.
`(a) Information Sharing Environment- Consistent with section 1016 of the
National Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485) and in accordance with all other applicable laws and regulations, the
Secretary shall integrate and standardize the information of the intelligence
components of the Department into a Department information sharing
environment, to be administered by the Under Secretary for Intelligence and
Analysis.
`(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 with respect to coordinating the
different systems used in the Department to gather and disseminate homeland
security information.
`(c) State, Local, and Private-Sector Sources of Information-
`(1) ESTABLISHMENT OF BUSINESS PROCESSES- The Under Secretary for
Intelligence and Analysis shall establish Department-wide procedures for the
review and analysis of information gathered from State, local, tribal, and
private-sector sources and, as appropriate, integrate such information into
the information gathered by the Department and other department and agencies
of the Federal Government.
`(2) FEEDBACK- The Secretary shall develop mechanisms to provide
analytical and operational feedback to any State, local, tribal, and
private-sector entities that gather information and provide such information
to the Secretary.
`(d) Training and Evaluation of Employees-
`(1) TRAINING- The Under Secretary shall provide to employees of the
Department opportunities for training and education to develop an
understanding of the definition of homeland security information, how
information available to them as part of their duties might qualify as
homeland security information, and how information available to them is
relevant to the Office of Intelligence and Analysis.
`(2) EVALUATIONS- The Under Secretary shall, on an ongoing basis,
evaluate how employees of the Office of Intelligence and Analysis and the
intelligence components of the Department are utilizing homeland security
information and participating in the Department information sharing
environment.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is further amended by adding at the end of the items relating to such subtitle
the following:
`Sec. 206. Homeland security information sharing.'.
(c) Establishment of Comprehensive Information Technology Network
Architecture-
(1) 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 new section:
`SEC. 207. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.
`(a) Establishment- The Secretary, acting through the Chief Intelligence
Officer, shall establish a comprehensive information technology network
architecture for the Office of Intelligence and Analysis.
`(b) Network Model- The comprehensive information technology network
architecture established under subsection (a) shall, to the extent possible,
incorporate the approaches, features, and functions of the network proposed by
the Markle Foundation in reports issued in October 2002 and December 2003,
known as the System-wide Homeland Security Analysis and Resource Exchange
(SHARE) Network.
`(c) 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
goals and information resources management goals of the Office of Intelligence
and Analysis.'.
(2) CLERICAL AMENDMENT- The table of contents in section 1(b) of such
Act is further amended by adding at the end of the items relating to such
subtitle the following:
`Sec. 207. Comprehensive information technology network
architecture.'.
(A) REPORT ON IMPLEMENTATION OF PLAN- Not later than 360 days after
the date of the enactment 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 a report containing a plan to implement the
comprehensive information technology network architecture for the Office
of Intelligence and Analysis of the Department of Homeland Security
required under section 205 of the Homeland Security Act of 2002, as added
by paragraph (1). Such report shall include the following:
(i) Priorities for the development of the comprehensive information
technology network architecture and a rationale for such
priorities.
(ii) An explanation of how the various components of the
comprehensive information technology network architecture will work
together and interconnect.
(iii) A description of the technology challenges that the Office of
Intelligence and Analysis will face in implementing the comprehensive
information technology network architecture.
(iv) A description of technology options that are available or are
in development that may be incorporated into the comprehensive
technology network architecture, the feasibility of incorporating such
options, and the advantages and disadvantages of doing so.
(v) An explanation of any security protections to be developed as
part of the comprehensive information technology network
architecture.
(vi) A description of any safeguards for civil liberties and privacy
to be built into the comprehensive information technology network
architecture.
(vii) An operational best practices plan.
(B) PROGRESS REPORT- Not later than 180 days after the date on which
the report is submitted under subparagraph (A), 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 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 paragraph (1).
(d) Intelligence Component Defined- Section 2 of the Homeland Security Act
of 2002 (6 U.S.C. 101) is further amended by adding at the end the following
new paragraph:
`(18) The term `intelligence component of the Department' means any
directorate, agency, or element of the Department that gathers, receives,
analyzes, produces, or disseminates homeland security information
except--
`(A) a directorate, agency, or element of the Department that is
required to be maintained as a distinct entity under this Act; or
`(B) any personnel security, physical security, document security, or
communications security program within any directorate, agency, or element
of the Department.'.
Subtitle D--Homeland Security Information Sharing
Partnerships
SEC. 731. SHORT TITLE.
This subtitle may be cited as the `Homeland Security Information Sharing
Partnerships Act of 2007'.
SEC. 732. STATE, LOCAL, AND REGIONAL INFORMATION 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 is amended by adding at the end the
following:
`SEC. 208. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
`(a) Establishment- The Secretary shall establish a State, Local, and
Regional Fusion Center Initiative to establish partnerships with State, local,
and regional fusion centers.
`(b) Duties- Through the State, Local, and Regional Fusion Center
Initiative, the Secretary shall--
`(1) coordinate with the principal official of each State, local, or
regional fusion center and the official designated as the Homeland Security
Advisor of the State;
`(2) provide Department operational and intelligence advice and
assistance to State, local, and regional fusion centers;
`(3) support efforts to include State, local, and regional fusion
centers into efforts to establish an information sharing environment (as
defined under section 1016(a)(2) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(a)(2))) in accordance with all
applicable laws and regulations;
`(4) conduct table-top 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;
`(5) coordinate with other relevant Federal entities engaged in homeland
security-related activities;
`(6) provide analytic and reporting advice and assistance to State,
local, and regional fusion centers;
`(7) review homeland security information gathered by State, local, and
regional fusion centers and incorporate relevant information with homeland
security information of the Department;
`(8) provide management assistance to State, local, and regional fusion
centers;
`(9) serve as a point of contact to ensure the dissemination of relevant
homeland security information.
`(10) facilitate close communication and coordination between State,
local, and regional fusion centers and the Department;
`(11) provide State, local, and regional fusion centers with expertise
on Department resources and operations;
`(12) provide training to State, local, and regional fusion centers and
encourage such fusion centers to participate in terrorist threat-related
exercises conducted by the Department; and
`(13) carry out such other duties as the Secretary determines are
appropriate.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is further amended by adding at the end of the items relating to such subtitle
the following:
`Sec. 208. State, Local, and Regional Information Fusion Center
Initiative.'.
(1) CONCEPT OF OPERATIONS- Not later than 90 days after the date of the
enactment of this Act and before the State, Local, and Regional Fusion
Center Initiative under section 208 of the Homeland Security Act of 2002, as
added by subsection (a), has been implemented, 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 contains a concept of operations for the Initiative, which shall
include a privacy and civil liberties impact assessment.
(2) PRIVACY AND CIVIL LIBERTIES-
(A) REVIEW OF CONCEPT OF OPERATIONS- Not later than 180 days after the
date on which the report under paragraph (1) is submitted, the Privacy
Officer of the Department of Homeland Security and the Officer for Civil
Rights and Civil Liberties of the Department of Homeland Security shall
review the privacy and civil liberties implications of the Initiative and
the concept of operations and report any concerns to the Secretary of
Homeland Security and the Under Secretary of Homeland Security for
Intelligence and Analysis. The Secretary may not implement the Initiative
until the Privacy Officer and the Officer for Civil Rights and Civil
Liberties have certified that any privacy or civil liberties concerns have
been addressed.
(B) REVIEW OF PRIVACY IMPACT- Under the authority of section 222(5) of
the Homeland Security Act of 2002 (6 U.S.C. 142(5)), not later than one
year after the date on which the State, Local, and Regional Fusion Center
Initiative is implemented, the Privacy Officer of the Department of
Homeland Security, in consultation with the Officer for Civil Rights and
Civil Liberties of the Department of Homeland Security, shall submit to
Congress, the Secretary of Homeland Security, and the Under Secretary of
Homeland Security for Intelligence and Analysis a report on the privacy
and civil liberties impact of the Initiative.
SEC. 733. 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. 209. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
`(1) IN GENERAL- The Secretary, acting through the Under Secretary for
Intelligence and Analysis, shall establish a fellowship 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 to participate in the work of the
Office of Intelligence and Analysis in order to become familiar
with--
`(i) the mission and capabilities of the Office of Intelligence and
Analysis; 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
stationing such officers and analysts in order to--
`(i) serve as a point of contact in the Department to assist in the
representation of State, local, and tribal homeland security information
needs;
`(ii) identify homeland security information of interest to State,
local, and tribal law enforcement officers and intelligence analysts;
and
`(iii) assist Department analysts in preparing and disseminating
terrorism-related products that are tailored to State, local, and tribal
law enforcement officers and intelligence analysts and designed to
thwart terrorist attacks.
`(2) PROGRAM NAME- The program under this section shall be known as the
`Homeland Security Information Sharing Fellows Program'.
`(1) IN GENERAL- In order to be eligible for selection as an Information
Sharing Fellow under the program, an individual must--
`(A) have homeland security-related responsibilities or law
enforcement-related responsibilities;
`(B) be eligible for an appropriate national 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 liberties training
that is developed, supported, or sponsored by the Privacy Officer and the
Officer for Civil Rights and Civil Liberties in partnership with the
Privacy and Civil Liberties Oversight Board.
`(2) ELIGIBLE ENTITIES- For purposes of this subsection, the term
`eligible entity' means--
`(A) a State, local, or regional fusion center;
`(B) a State or local law enforcement or other government entity that
serves a major metropolitan area, as determined by the Secretary;
`(C) a State or local law enforcement or other government entity that
serves a suburban or rural area, as determined by the Secretary;
`(D) a State or local law enforcement or other government entity with
port responsibilities, as determined by the Secretary;
`(E) a State or local law enforcement or other government entity with
border responsibilities, as determined by the Secretary;
`(F) a State or local law enforcement or other government entity with
agricultural responsibilities, as determined by the Secretary;
`(G) a tribal law enforcement or other authority; or
`(H) such other entity as the Secretary determines is
appropriate.
`(c) Optional Participation- No State, local, or tribal law enforcement or
other government entity shall be required to participate in the Homeland
Security Information Sharing Fellows Program.
`(d) Procedures for Nomination and Selection-
`(1) IN GENERAL- The Under Secretary 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 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.
`(e) Length of Service- Information Sharing Fellows shall serve for a
reasonable period of time, as determined by the Under Secretary. Such period
of time shall be sufficient to advance the information-sharing goals of the
Under Secretary and encourage participation by as many qualified nominees as
possible.
`(f) Condition- As a condition of selecting an individual as an
Information Sharing Fellow under the program, the Under Secretary shall
require that the individual's employer agree to continue to pay the
individual's salary and benefits during the period for which the individual is
detailed.
`(g) Stipend- During the period for which an individual is detailed under
the program, the Under Secretary shall, subject to the availability of
appropriations provide to the individual a stipend to cover the individual's
reasonable living expenses for that period.
`(h) Security Clearances- If an individual selected for a fellowship under
the Information Sharing Fellows Program does not possess the appropriate
security clearance, the Under Secretary shall ensure that security clearance
processing is expedited for such individual and shall ensure that each such
Information Sharing Fellow has obtained the appropriate security clearance
prior to participation in the Program.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is further amended by adding at the end of the items relating to such subtitle
the following:
`Sec. 209. Homeland Security Information Sharing Fellows
Program.'.
(1) CONCEPT OF OPERATIONS- Not later than 90 days after the date of the
enactment of this Act and before the implementation of the Homeland Security
Information Sharing Fellows Program under section 209 of the Homeland
Security Act of 2002, as added by subsection (a), 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 contains a concept of operations for the Program, which shall
include a privacy and civil liberties impact assessment.
(2) PRIVACY AND CIVIL LIBERTIES-
(A) REVIEW OF CONCEPT OF OPERATIONS- Not later than 180 days after the
date on which the report under paragraph (1) is submitted, the Privacy
Officer of the Department of Homeland Security and the Officer for Civil
Rights and Civil Liberties of the Department of Homeland Security shall
review the privacy and civil liberties implications of the Program and the
concept of operations and report any concerns to the Secretary of Homeland
Security and the Under Secretary of Homeland Security for Intelligence and
Analysis. The Secretary may not implement the Program until the Privacy
Officer and the Officer for Civil Rights and Civil Liberties have
certified that any privacy or civil liberties concerns have been
addressed.
(B) REVIEW OF PRIVACY IMPACT- Under the authority of section 222(5) of
the Homeland Security Act of 2002 (6 U.S.C. 142(5)), not later than one
year after the date on which the Homeland Security Information Sharing
Fellows Program is implemented, the Privacy Officer of the Department of
Homeland Security, in consultation with the Officer for Civil Rights and
Civil Liberties of the Department of Homeland Security, shall submit to
Congress, the Secretary of Homeland Security, and the Under Secretary of
Homeland Security for Intelligence and Analysis a report on the privacy
and civil liberties impact of the Program.
Subtitle E--Homeland Security Intelligence Offices
Reorganization
SEC. 741. DEPARTMENTAL REORGANIZATION.
(a) Redesignation of Directorate for Information Analysis and
Infrastructure Protection- Section 201 of the Homeland Security Act of 2002 (6
U.S.C. 121) is amended--
(1) in subsection (a)(1)--
(A) by striking `a Directorate for Information Analysis and
Infrastructure Protection' and inserting `an Office of Intelligence and
Analysis'; and
(B) by striking `an Under Secretary for Information Analysis and
Infrastructure Protection' and inserting `an Under Secretary for
Intelligence and Analysis';
(2) by striking subsection (b) and redesignating subsections (c) through
(g) as subsections (b) through (f), respectively;
(3) in subsection (b), as so redesignated--
(A) by striking `and infrastructure protection' before `are carried
out' and inserting `and intelligence'; and
(B) by striking `the Under Secretary for Information Analysis and
Infrastructure Protection' and inserting `the Under Secretary for
Intelligence and Analysis';
(4) in subsection (c), as so redesignated--
(A) by striking `the Under Secretary for Information Analysis and
Infrastructure Protection' and inserting `the Under Secretary for
Intelligence and Analysis';
(B) by striking paragraphs (2), (5), and (6), and redesignating
paragraphs (3) through (17) as paragraphs (2) through (14),
respectively;
(C) by redesignating paragraphs (18) and (19) as paragraphs (20) and
(21), respectively;
(D) in paragraph (2), as so redesignated, by striking `To integrate'
and inserting `To participate in the integration of';
(E) in paragraph (14), as so redesignated, by inserting `the Assistant
Secretary for Infrastructure Protection and' after `coordinate with';
and
(F) by inserting after paragraph (14), as redesignated by subparagraph
(B), the following new paragraphs:
`(15) To coordinate and enhance integration among intelligence
components of the Department.
`(16) To establish intelligence priorities, policies, processes,
standards, guidelines, and procedures for the Department.
`(17) To establish a structure and process to support the missions and
goals of the intelligence components of the Department.
`(18) To ensure that, whenever possible--
`(A) the Under Secretary for Intelligence and Analysis produces and
disseminates reports and analytic products based on open-source
information that do not require a national security classification under
applicable law; and
`(B) such unclassified open source reports are produced and
disseminated contemporaneously with reports or analytic products
concerning the same or similar information that the Under Secretary for
Intelligence and Analysis produces and disseminates in a classified
format.
`(19) To establish within the Office of Intelligence Analysis an
Internal Continuity of Operations (COOP) Plan that--
`(A) assures that the capability exists to continue uninterrupted
operations during a wide range of potential emergencies, including
localized acts of nature, accidents, and technological or attack-related
emergencies, that is maintained at a high level of readiness and is
capable of implementation with and without warning; and
`(B) includes plans and procedures governing succession to office
within the Office of Intelligence and Analysis, including--
`(i) emergency delegations of authority (where permissible, and in
accordance with applicable law);
`(ii) the safekeeping of vital resources, facilities, and
records;
`(iii) the improvisation or emergency acquisition of vital resources
necessary for the performance of operations of the Office;
and
`(iv) the capability to relocate essential personnel and functions
to and to sustain the performance of the operations of the Office at an
alternate work site until normal operations can be
resumed.';
(5) in subsections (d) and (e), as redesignated by subsection (a)(2), by
striking `Directorate' each place it appears and inserting `Office';
and
(6) in subsection (f), as redesignated by subsection (a)(2)--
(A) by striking `the Under Secretary for Information Analysis and
Infrastructure Protection' and inserting `the Under Secretary for
Intelligence and Analysis and the Assistant Secretary for Infrastructure
Protection'; and
(B) by inserting `and section 203' after `under this
section'.
(b) Technical and Conforming Amendments-
(1) HOMELAND SECURITY ACT OF 2002- The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended--
(A) in section 103(a), by adding at the end the following new
paragraph:
`(10) An Under Secretary for Intelligence and Analysis.';
(B) 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
Infrastructure Protection';
(C) in section 224, by striking `Under Secretary for Information
Analysis and Infrastructure Protection' and inserting `Assistant Secretary
for Infrastructure Protection'; and
(D) 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'.
(A) SECTION 201- The heading for section 201 of such Act is amended to
read as follows:
`SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.'.
(B) SECTION 201(a)- The heading for subsection (a) of section 201 of
such Act is amended to read as follows:
`(a) Under Secretary of Homeland Security for Intelligence and Analysis-
'.
(C) SECTION 201(b)- The heading for subsection (b) of section 201 of
such Act, as redesignated by subsection (a)(2), is amended to read as
follows:
`(b) Discharge of Intelligence and Analysis- '.
(3) 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:
`(I) The Under Secretary for Intelligence and Analysis of the
Department of Homeland Security.'.
(4) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004- Section
7306(a)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 118 Stat. 3848) is amended by striking `Under Secretary
for Information Analysis and Infrastructure Protection' and inserting `Under
Secretary for Intelligence and Analysis'.
SEC. 742. INTELLIGENCE COMPONENTS OF DEPARTMENT OF HOMELAND SECURITY.
(a) Responsibilities- Subtitle A of title II of the Homeland Security Act
of 2002 (6 U.S.C. 201 et seq.) is further amended by adding at the end the
following new section:
`SEC. 210. INTELLIGENCE COMPONENTS.
`(a) Responsibilities- Subject to the direction and control of the
Secretary, the responsibilities of the head of each intelligence component of
the Department are as follows:
`(1) To ensure that duties related to the acquisition, analysis, and
dissemination of homeland security information are carried out effectively
and efficiently in support of the Under Secretary for Intelligence and
Analysis.
`(2) To support and implement the goals established in cooperation with
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 the recruitment and selection of intelligence officials of the
intelligence 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 implemented, 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 Analysis and other appropriate
officials of the Department and that such employees comply with all
applicable laws and regulations.
`(7) To perform such other duties relating to such responsibilities as
the Secretary may provide.
`(b) Training of Employees- The Secretary shall provide training and
guidance for employees, officials, and senior executives of the intelligence
components 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 handling, analysis, dissemination,
and acquisition of homeland security information.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is further amended by adding at the end of the items relating to such subtitle
the following:
`Sec. 210. Intelligence components.'.
SEC. 743. OFFICE OF INFRASTRUCTURE PROTECTION.
(a) Establishment- Subtitle A of title II of the Homeland Security Act of
2002 (6 U.S.C. 201 et seq.) is further amended by adding at the end the
following new section:
`SEC. 210A. OFFICE OF INFRASTRUCTURE PROTECTION.
`(a) Assistant Secretary for Infrastructure Protection-
`(1) IN GENERAL- There shall be in the Department an Office of
Infrastructure Protection headed by an Assistant Secretary for
Infrastructure Protection.
`(2) RESPONSIBILITIES- The Assistant Secretary shall assist the
Secretary in discharging the responsibilities assigned by the
Secretary.
`(b) Discharge of Infrastructure Protection- The Secretary shall ensure
that the responsibilities of the Department regarding infrastructure
protection are carried out through the Assistant Secretary for Infrastructure
Protection.
`(c) Responsibilities of Assistant Secretary- Subject to the direction and
control of the Secretary, the responsibilities of the Assistant Secretary for
Infrastructure Protection shall be as follows:
`(1) To carry out comprehensive assessments of the vulnerabilities of
the key resources and critical infrastructure of the United States,
including the performance of risk assessments to determine the risks posed
by particular types of terrorist attacks within the United States (including
an assessment of the probability of success of such attacks and the
feasibility and potential efficacy of various countermeasures to such
attacks).
`(2) To participate in the integration of relevant information,
analyses, and vulnerability assessments (whether such information, analyses,
or assessments are provided or produced by the Department or others) in
order to identify priorities for protective and support measures by the
Department, other agencies of the Federal Government, State and local
government agencies and authorities, the private sector, and other
entities.
`(3) To develop a comprehensive national plan for securing the key
resources and critical infrastructure of the United States, including power
production, generation, and distribution systems, information technology and
telecommunications systems (including satellites), electronic financial and
property record storage and transmission systems, emergency preparedness
communications systems, and the physical and technological assets that
support such systems.
`(4) To recommend measures necessary to protect the key resources and
critical infrastructure of the United States in coordination with other
agencies of the Federal Government and in cooperation with State and local
government agencies and authorities, the private sector, and other
entities.
`(5) To coordinate with the Under Secretary for Intelligence and
Analysis and elements of the intelligence community and with Federal, State,
and local law enforcement agencies, and the private sector, as
appropriate.
`(6) To perform such other duties as assigned by the Secretary under
this Act.
`(1) IN GENERAL- The Secretary shall provide the Office with a staff
having appropriate expertise and experience to assist the Assistant
Secretary in discharging responsibilities under this section.
`(2) PRIVATE SECTOR STAFF- Staff under this subsection may include staff
from the private sector.
`(3) SECURITY CLEARANCES- Staff under this subsection shall possess
security clearances appropriate for their work under this section.
`(e) Detail of Personnel-
`(1) IN GENERAL- In order to assist the Office in discharging
responsibilities under this section, personnel of other Federal agencies may
be detailed to the Department for the performance of analytic functions and
related duties.
`(2) COOPERATIVE AGREEMENTS- The Secretary and the head of the agency
concerned may enter into cooperative agreements for the purpose of detailing
personnel under this subsection.
`(3) BASIS- The detail of personnel under this subsection may be on a
reimbursable or non-reimbursable basis.'.
(b) Clerical Amendment- The table of contents in section 1(b) of such Act
is further amended by adding at the end of the items relating to such subtitle
the following:
`Sec. 210A. Office of Infrastructure Protection.'.
TITLE VIII--PROTECTING PRIVACY AND CIVIL LIBERTIES WHILE EFFECTIVELY
FIGHTING TERRORISM
Subtitle A--Privacy and Civil Liberties Oversight Boards
SEC. 801. SHORT TITLE.
This subtitle may be cited as the `Protection of Civil Liberties Act'.
SEC. 802. FINDINGS.
Congress finds the following:
(1) On July 22, 2004 the National Commission on Terrorist Attacks Upon
the United States issued a report that included 41 specific recommendations
to help prevent future terrorist attacks, including details of a global
strategy and government reorganization necessary to implement that
strategy.
(2) One of the recommendations focused on the protections of civil
liberties. Specifically the following recommendation was made: `At this time
of increased and consolidated government authority, there should be a board
within the executive branch to oversee adherence to the guidelines we
recommend and the commitment the government makes to defend our civil
liberties.'.
(3) The report also states 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 that
the insecurity threatens liberty at home. Yet if our liberties are
curtailed, we lose the values that we are struggling to defend.'.
(4) On December 17, 2004, Public Law 108-458, the National Intelligence
Reform Act, was signed into law. This law created a civil liberties board
that does not have the authority necessary to protect civil liberties.
SEC. 803. MAKING THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD
INDEPENDENT.
Section 1061(b) of the Intelligence Reform and Terrorism Prevention Act of
2004 (5 U.S.C. 601 note) is amended by striking `within the Executive Office
of the President' and inserting `as an independent agency within the Executive
branch'.
SEC. 804. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD BE CONFIRMED BY THE SENATE.
Subsection (e) of section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note) is amended to read as follows:
`(1) MEMBERS- The Board shall be composed of a full-time chairman and 4
additional members, who shall be appointed by the President by no later than
6 months after the date of the enactment of the Protection of Civil
Liberties Act, by and with the advice and consent of the Senate, which shall
move expeditiously following each nomination.
`(2) QUALIFICATIONS- Members of the Board shall be selected solely on
the basis of their 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 President
shall, before appointing an individual who is not a member of the same
political party as the President consult with the leadership of that party,
if any, in the Senate and House of Representatives.
`(3) INCOMPATIBLE OFFICE- An individual appointed to the Board may not,
while serving on the Board, be an elected official, officer, or employee of
the Federal Government, other than in the capacity as a member of the
Board.
`(4) TERM- Each member of the Board shall serve a term of six 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;
`(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; and
`(C) the members initially appointed under this subsection shall serve
terms of two, three, four, five, and six years, respectively, from the
effective date of this Act, with the term of each such member to be
designated by the President.
`(5) QUORUM AND MEETINGS- The Board shall meet upon the call of the
chairman or a majority of its members. Three members of the Board shall
constitute a quorum.'.
SEC. 805. SUBPOENA POWER FOR THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT
BOARD.
Section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of
2004 (5 U.S.C. 601 note) is amended--
(1) so that subparagraph (D) of paragraph (1) reads as follows:
`(D) require, by subpoena issued at the direction of a majority of the
members of the Board, 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 testimonial evidence.'; and
(2) so that paragraph (2) reads as follows:
`(2) ENFORCEMENT OF SUBPOENA- In the case of contumacy or failure to
obey a subpoena issued under paragraph (1)(D), the United States district
court for the judicial district in which the subpoenaed person resides, is
served, or may be found may issue an order requiring such person to produce
the evidence required by such subpoena.'.
SEC. 806. REPORTING REQUIREMENTS.
(a) Duties of Board- Paragraph (4) of section 1061(c) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note) is amended to
read as follows:
`(A) RECEIPT, REVIEW, AND SUBMISSION-
`(i) IN GENERAL- The Board shall--
`(I) receive and review reports from privacy officers and civil
liberties officers described in section 212; and
`(II) periodically submit, not less than semiannually, reports to
the appropriate congressional committees, including the Committees on
the Judiciary of the Senate and the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the Senate,
the Committee on Oversight and Government Reform of the House of
Representatives, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House of
Representatives, the Committee on Homeland Security of the House of
Representatives, and to the President.
Such reports shall be in unclassified form to the greatest extent
possible, with a classified annex where necessary.
`(ii) CONTENTS- Not less than 2 reports the Board submits each year
under clause (i)(II) shall include--
`(I) a description of the major activities of the Board during the
preceding period;
`(II) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and oversight
functions under subsection (c);
`(III) the minority views on any findings, conclusions, and
recommendations of the Board resulting from its advice and oversight
functions under subsection (c); and
`(IV) each proposal reviewed by the Board under subsection (c)(1)
that the Board advised against implementing, but that notwithstanding
such advice, was implemented.
`(B) INFORMING THE PUBLIC- The Board shall--
`(i) 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
`(ii) 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.'.
(b) Privacy and Civil Liberties Officers-
(1) DESIGNATION OF OFFICERS- Section 1062 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (118 Stat. 3688) is amended to read as
follows:
`SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
`(a) Designation and Functions- The Attorney General, the Secretary of
Defense, the Secretary of State, the Secretary of the Treasury, the Secretary
of Health and Human Services, the Secretary of Homeland Security, the National
Intelligence Director, the Director of the Central Intelligence Agency, any
other entity within the intelligence community (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 401a)), and the head of any other
department, agency, or element of the executive branch designated by the
Privacy and Civil Liberties Oversight Board to be appropriate for coverage
under this section shall designate not less than 1 senior officer 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 redress complaints from
individuals who allege such department, 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 power actually enhances security and 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 Board, which has a statutorily
created privacy officer, such officer shall perform the functions specified
in subsection (a) with respect to privacy.
`(2) CIVIL LIBERTIES OFFICERS- In any 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 decisionmakers; and
`(4) is given access to material and personnel the officer determines to
be necessary to carry out the functions of such officer.
`(e) Reprisal for Making Complaint- No 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.
`(1) IN GENERAL- The privacy officers and civil liberties officers of
each department, agency, or element referred to or described in subsection
(a) or (b) shall periodically, but not less than quarterly, submit a report
on the activities of such officers--
`(A)(i) to the appropriate congressional committees, including the
Committees on the Judiciary of the Senate and the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Oversight and Government Reform of
the House of Representatives, the Select Committee on Intelligence of the
Senate, and the Permanent Select Committee on Intelligence of the House of
Representatives;
`(ii) to the head of such department, agency, or element; and
`(iii) to the Privacy and Civil Liberties Oversight Board;
and
`(B) which shall be in unclassified form to the greatest extent
possible, with a classified annex where necessary.
`(2) CONTENTS- Each report submitted under paragraph (1) shall include
information on the 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 construed to limit
or otherwise supplant any other authorities or responsibilities provided by
law to privacy officers or civil liberties officers.
`(i) Protections for Human Research Subjects- The Secretary of Homeland
Security shall ensure that the Department of Homeland Security complies with
the protections for human research subjects, as described in part 46 of title
45, Code of Federal Regulations, or in equivalent regulations as promulgated
by such Secretary, with respect to research that is conducted or supported by
such Department.'.
(2) CLERICAL AMENDMENT- The table of contents in section 1(b) of such
Act is amended by striking the item relating to section 1062 and inserting
the following:
`Sec. 1062. Privacy and civil liberties officers.'.
Subtitle B--Enhancement of Privacy Officer Authorities
SEC. 811. SHORT TITLE.
This subtitle may be cited as the `Privacy Officer With Enhanced Rights
Act of 2007' or the `POWER Act'.
SEC. 812. AUTHORITIES OF THE PRIVACY OFFICER OF THE DEPARTMENT OF HOMELAND
SECURITY.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) by inserting before the first sentence the following: `(a)
Appointment and Responsibilities- '; and
(2) by adding at the end the following:
`(b) Authority to Investigate-
`(1) IN GENERAL- The senior official appointed under this section is
specifically authorized--
`(A) to 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 which
the senior official has responsibilities under this section;
`(B) to 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, necessary or desirable;
`(C) to require by subpoena the production, by persons other than
Federal agencies, of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary evidence
necessary to performance of the functions of the senior official under
this section;
`(D) to administer to or take from any person an oath, affirmation, or
affidavit, whenever necessary to performance of the functions of the
senior official under this section; and
`(E) to take any other action that may be taken by the Inspector
General of the Department, as necessary to require employees of the
Department to produce documents and answer questions relevant to
performance of the functions 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, ETC- 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) Term of Office- The term of appointment of a senior official under
subsection (a) shall be 5 years.
`(d) Reports to Congress- The senior official appointed under subsection
(a) shall submit reports directly to 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.'.
TITLE IX--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
SEC. 901. VULNERABILITY ASSESSMENT AND REPORT ON CRITICAL INFRASTRUCTURE
INFORMATION.
(a) In General- Subtitle B of title II of the Homeland Security Act of
2002 is amended by adding at the end the following new section:
`SEC. 216. ANNUAL CRITICAL INFRASTRUCTURE VULNERABILITY ASSESSMENT AND
REPORT.
`(a) Vulnerability Assessment Required- Except where a vulnerability
assessment is required under another provision of law, for each fiscal year,
the Secretary, acting through the Assistant Secretary for Infrastructure
Protection pursuant to the responsibilities under section 210A, shall prepare
a vulnerability assessment of the critical infrastructure information
available to the Secretary with respect to that fiscal year. Each
vulnerability assessment shall contain any actions or countermeasures proposed
or recommended by the Secretary to address security concerns covered in the
assessment. The information in each such assessment shall be set forth
separately for each critical infrastructure sector, including the critical
infrastructure sectors named in Homeland Security Presidential Directive-7, as
in effect on January 1, 2006.
`(b) Annual Report to Congress-
`(1) REPORT REQUIRED- Not later than six months after the last day of a
fiscal year, the Secretary shall submit to the Committee on Homeland
Security of the House of Representatives and the Committee on Homeland
Security and Governmental Affairs of the Senate a report containing a
summary and review of the vulnerability assessments prepared by the
Secretary under subsection (a) for that fiscal year and the two preceding
fiscal years. The information in the report shall be set forth separately
for each of the critical infrastructure sectors described in subsection
(a).
`(2) CONTENTS OF REPORT- The Secretary shall include in the report
required under paragraph (1)--
`(A) for each critical infrastructure sector covered by the report, a
summary comparison describing any changes between the vulnerability
assessment for the fiscal year covered by the report and the vulnerability
assessment for the preceding fiscal year;
`(B) the explanation and comments of the Secretary with respect to the
greatest risks to critical infrastructure for each such sector;
and
`(C) the recommendations of the Secretary for mitigating such
risks.
`(3) CLASSIFIED ANNEX- The report required under paragraph (1) may
contain a classified annex.'.
(b) Technical Amendment- Section 212(3) of such Act (6 U.S.C. 131(3)) is
amended--
(1) by inserting `relating to' after `the security of critical
infrastructure or protected systems'; and
(2) in subparagraph (A), by inserting `the' after `(A)'.
(c) Clerical Amendment- The table of contents in section 1(b) of such Act
is amended by inserting after the item relating to section 215 the following
new item:
`Sec. 216. Annual critical infrastructure vulnerability assessment and
report.'.
SEC. 902. NATIONAL ASSET DATABASE AND THE NATIONAL AT-RISK DATABASE.
(a) In General- Subtitle A of title II of the Homeland Security Act of
2002 is amended by adding at the end the following new sections:
`SEC. 210C. NATIONAL ASSET DATABASE AND NATIONAL AT-RISK DATABASE.
`(1) NATIONAL ASSET DATABASE- The Secretary shall establish and maintain
a national database of nationwide critical infrastructure assets to identify
and prioritize critical infrastructure and key resources and to protect them
from terrorist attack. The database shall be known as the `National Asset
Database'.
`(2) NATIONAL AT-RISK DATABASE- The Secretary shall establish within the
National Asset Database, a database containing a list of the infrastructure
the Secretary determines is most at risk, to be known as the `National
At-Risk Database'.
`(3) NATIONAL ASSET DATABASE CONSORTIUM-
`(A) ESTABLISHMENT- The Secretary shall establish a consortium to be
known as the `National Asset Database Consortium'. The Consortium shall
advise the Secretary on the best way to identify, generate, organize, and
maintain the databases described in paragraphs (1) and (2) and shall be
made up of at least two but not more than four national laboratories and
the heads of such other Federal agencies as the Secretary deems
appropriate.
`(B) ADMINISTRATION AND CONSULTATION- The Secretary shall--
`(i) select as members of the National Asset Database Consortium
national laboratories or Federal agencies that have demonstrated
experience working with and identifying critical
infrastructure;
`(ii) enter into contracts, as necessary, with the members of the
National Asset Database Consortium to perform the tasks required under
this section; and
`(iii) solicit and receive comments from the National Asset Database
Consortium on--
`(I) the appropriateness of the protection and risk methodologies
in the National Infrastructure Protection Plan or other nationwide
infrastructure protection plan issued by the Department;
and
`(II) alternative means to define risk and identify specific
criteria to prioritize the most at-risk infrastructure or key
resources.
`(b) Use of Database- The Secretary shall use the database established
under subsection (a)--
`(1) in the development, coordination, integration, and implementation
of plans and programs, including to identify, catalog, prioritize, and
protect critical infrastructure and key resources in accordance with
Homeland Security Presidential Directive number 7, and in cooperation with
all levels of government and private sector entities that the Secretary
considers appropriate; and
`(2) in providing any covered grant to assist in preventing, reducing,
mitigating, or responding to terrorist attack.
`(c) Maintenance of Database-
`(1) IN GENERAL- The Secretary shall maintain and annually update the
database, including by--
`(A) annually defining and systematically examining assets in the
database that are described incorrectly or that do not meet national
assets guidelines used by the Secretary to determine which assets should
remain in the National Asset Database and the National At-Risk
Database;
`(B) annually providing a list to the States of assets referred to in
subparagraph (A) for review before finalizing the decision of which assets
to include in the National Asset Database and the National At-Risk
Database;
`(C) reviewing the guidelines to the States to ensure consistency and
uniformity for inclusion and how the Department intends to use that
data;
`(D) meeting annually with the States to provide guidance and
clarification of the guidelines to promote consistency and uniformity in
submissions;
`(E) utilizing on an ongoing basis the National Asset Database and
other expert panels established by the Department to review and refine the
National Asset Database and the National At-Risk Database; and
`(F) utilizing the Department's National Infrastructure Simulation and
Analysis Center for the National Asset Database taxonomy and asset
information in the National Asset Database and facilitating the future
exchange of information between the National Asset Database and such
center.
`(2) ORGANIZATION OF INFORMATION IN DATABASE- The Secretary
shall--
`(A) remove from the National Asset Database or the National At-Risk
Database any asset that the Secretary determines to be unverifiable and as
not meeting national asset guidelines set forth by the Secretary in
requests for information from States; and
`(B) classify assets in the database according to the 17 sectors
listed in National Infrastructure Protection Plan developed pursuant to
Homeland Security Presidential Directive 7, to ensure that the assets in
the National Asset Database and the National At-Risk Database can be
categorized by State and locality, regionally, and in such a manner as is
effective for grants and other purposes.
`(3) MILESTONES AND GUIDELINES- The Secretary shall--
`(A) identify and evaluate key milestones for the National Asset
Database and the National At-Risk Database, including methods to integrate
private sector assets and tasks that must be completed to eventually
allocate homeland security grant programs based on the information
contained in the database; and
`(B) issue guidelines for--
`(i) States to submit uniform information for possible inclusion in
the National Asset Database or the National At-Risk Database;
and
`(ii) review of such submissions by the Department.
`(1) IN GENERAL- Not later than March 1 of each year, the Secretary
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on the critical infrastructure included in
the National Asset Database that is most at risk to terrorism.
`(2) CONTENTS- Each report shall include the following:
`(A) The name, location, and sector classification of assets in the
National Asset Database that have been identified or deemed critical
infrastructure that is most at risk to terrorism.
`(B) Changes made in such database regarding such critical
infrastructure made during the period covered by the report
regarding--
`(i) defining and identifying critical infrastructure;
and
`(ii) compiling a usable database.
`(C) The extent to which the database has been used as a tool for
allocating funds to prevent, reduce, mitigate, and respond to terrorist
attacks.
`(3) CLASSIFIED INFORMATION- The Secretary shall provide to the members
of the committees to which the report required under this subsection is
required to be submitted under paragraph (1) a classified briefing on the
contents of such report. The Secretary shall also submit with each report a
classified annex containing information required to be submitted under this
section that cannot be made public.
`(e) Covered Grant Defined- In this section, the term `covered grant'
means any grant provided by the Department under any of the following:
`(1) The Urban Area Security Initiative.
`(2) The Buffer Zone Protection Program.
`(3) Any other grant program administered by the Department, as
determined appropriate by the Secretary.
`(4) Any successor to a program referred to in this paragraph.'.
(b) Deadlines for Implementation and Notification of Congress-
(1) DEADLINE FOR RECOMMENDATIONS- Not later than 60 days after the date
of the enactment of this Act, the Secretary of Homeland Security shall
secure recommendations on how to identify, generate, organize, and maintain
the list of assets in the databases from the consortium of national
laboratories, as required under section 210C(a)(2) of the Homeland Security
Act of 2002, as added by subsection (a).
(2) DEADLINE FOR FIRST REPORT REGARDING USE OF THE NATIONAL ASSET
DATABASE- Notwithstanding the date specified under section 210C(d) of the
Homeland Security Act of 2002, as added by subsection (a), the Secretary of
Homeland Security shall submit the first report required under that section
not later than 180 days after the date of the enactment of this Act.
(c) Clerical Amendment- The table of contents in section 1(b) of such Act
is further amended by inserting after the item relating to section 210 the
following:
`Sec. 210C. National Asset Database and National At-Risk
Database.'.
(d) Submittal of Certain Reports- Each report that is authorized or
required by this Act (or the amendments made by this Act) to be prepared by
the Secretary of Homeland Security and that concerns a matter of the type
carried out under an program under the jurisdiction of the Committee on Energy
and Commerce of the House of Representatives shall be submitted to the
Committee on Energy and Commerce of the House of Representatives, in addition
to the other congressional committees involved.
TITLE X--TRANSPORTATION SECURITY PLANNING AND INFORMATION
SHARING
SEC. 1001. STRATEGIC TRANSPORTATION SECURITY INFORMATION SHARING.
Section 114 of title 49, United States Code, is amended by adding at the
end the following:
`(u) Strategic Information Sharing-
`(1) ESTABLISHMENT OF PLAN- The Secretary of Homeland Security shall
establish a Strategic Transportation Security Information Sharing
Plan.
`(2) PURPOSE OF PLAN- The plan shall ensure the robust development of
tactical and strategic intelligence products for disseminating to public and
private stakeholders security information relating to threats to and
vulnerabilities of transportation modes, including aviation, bridge and
tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass
transit, and over-the-road bus transportation.
`(3) CONTENT OF PLAN- The plan shall include--
`(A) a description of how intelligence analysts in the Transportation
Security Administration are coordinating their activities with other
intelligence analysts in the Department of Homeland Security and other
Federal, State, and local agencies;
`(B) reasonable deadlines for completing any organizational changes
within the Department of Homeland Security required to accommodate
implementation of the plan; and
`(C) a description of resource needs for fulfilling the plan.
`(4) REPORTS TO CONGRESS-
`(A) IN GENERAL- Not later than 180 days after the date of enactment
of this subsection, the Secretary shall submit to the appropriate
congressional committees a report containing the plan.
`(i) CERTIFICATION OF FULL IMPLEMENTATION- After achieving full
implementation of the plan, the Secretary shall submit to the
appropriate congressional committees a written certification of such
implementation.
`(ii) UPDATES ON IMPLEMENTATION- Not later than 90 days after the
date of submission of a report under subparagraph (A), and every 90 days
thereafter until the date of submission of a written certification under
clause (i), the Secretary shall submit to the appropriate congressional
committees a report containing an update on implementation of the
plan.
`(C) ANNUAL REPORT- Following the date of submission of a written
certification under subparagraph (B)(i), the Secretary shall submit to the
appropriate congressional committees an annual report on the
following:
`(i) The number of transportation intelligence reports disseminated
under the plan and a brief description of each report.
`(ii) The security classification of each report.
`(iii) The number of public and private stakeholders who were
provided with each report.
`(5) SURVEY- The Secretary shall conduct an annual survey of the
satisfaction of each of the recipients of transportation intelligence
reports disseminated under the plan, and include the results of the survey
as part of the annual report to be submitted under paragraph (4)(C).
`(6) SECURITY CLEARANCES- The Secretary shall ensure that public and
private stakeholders have the security clearances needed to receive
classified information if information contained in transportation
intelligence reports cannot be disseminated in an unclassified format.
`(7) CLASSIFICATION OF MATERIAL- To the greatest extent possible, the
Secretary shall provide public and private stakeholders with specific and
actionable information in an unclassified format.
`(8) DEFINITIONS- In this subsection, the following definitions
apply:
`(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 Strategic Transportation Security
Information Sharing Plan established under paragraph (1).
`(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.'.
SEC. 1002. 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 risks, threats,
and vulnerabilities for aviation, bridge and tunnel, commuter rail and
ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus,
and other public transportation infrastructure assets.'.
(b) Role of Secretary of Transportation- Section 114(t)(2) of such title
is amended by inserting before the period at the end the following: `and in
carrying out all other responsibilities set forth in this subsection'.
(c) Contents of National Strategy for Transportation Security- Section
114(t)(3) of such title is amended--
(1) in subparagraph (B) by inserting `, based on vulnerability
assessments conducted by the Department of Homeland Security,' 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 participation' and
inserting `cooperation and participation by private sector entities,
including nonprofit employee labor organizations,';
(3) in subparagraph (E)--
(A) by striking `response' and inserting `prevention, response,';
and
(B) by inserting `and outside of' before `the United States';
and
(4) in subparagraph (F) by adding at the end the following: `Research
and development projects initiated by the Department of Homeland Security
shall be based on such prioritization.'.
(d) Periodic Progress Report- Section 114(t)(4)(C) is amended--
(1) in clause (i) by inserting before the period at the end the
following: `, including the transportation modal security plans';
(2) 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 Transportation Security and the transportation modal
security plans that the Secretary, in consultation with the Secretary
of Transportation, considers appropriate.
`(II) An accounting of all grants for transportation security,
including grants for research and development, distributed by the
Department of Homeland Security in the previous year and a description
of how the grants accomplished the goals of the National Strategy for
Transportation Security.
`(III) An accounting of all funds (other than grants referred in
subclause (II)) expended by the Department of Homeland Security on
transportation security.
`(IV) Information on the number of employees of the Department of
Homeland Security, by agency, working on transportation security
issues. The listing shall be divided by transportation mode, including
aviation, bridge and tunnel, commuter rail and ferry, highway,
maritime, pipeline, rail, mass transit, over-the-road bus, and other
public transportation modes. The listing shall include information, by
transportation mode, on the number of contractors hired by the
Department of Homeland Security to work on transportation-related
security.
`(V) Information on the turnover in the previous year among
employees of the Department of Homeland Security working on
transportation security issues. Specifically, the report shall provide
information on the number of employees who have left the Department,
their agency, the 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- Before
carrying out a transportation security activity that is not clearly
delineated in the National Strategy for Transportation Security, the
Secretary shall submit to appropriate congressional committees a written
explanation of the activity, including the amount of funds to be
expended for the activity.'.
(e) Appropriate Congressional Committees Defined- Section 114(t)(4)(E) of
such title is amended by striking `Select'.
(f) Priority Status- Section 114(t)(5)(B) of such title is amended--
(1) by striking `and' at the end of clause (iii);
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
`(iv) the transportation sector specific plan required under
Homeland Security Presidential Directive 7; and'.
(g) Coordination; Plan Distribution- Section 114(t) of such title is
amended by adding at the end the following:
`(6) COORDINATION- In carrying out the responsibilities set forth in
this section, the Secretary of Homeland Security, working with the Secretary
of Transportation, shall consult with Federal, State, and local agencies,
tribal governments, private sector entities (including nonprofit employee
labor organizations), institutions of higher learning, and other appropriate
entities.
`(7) PLAN DISTRIBUTION- The Secretary of Homeland Security shall provide
an unclassified version of the National Strategy for Transportation Security
to Federal, State, and local agencies, tribal governments, private sector
entities (including nonprofit employee labor organizations), institutions of
higher learning, and other appropriate entities.'.
TITLE XI--PRIVATE SECTOR PREPAREDNESS
SEC. 1101. PARTICIPATION OF PRIVATE SECTOR ORGANIZATIONS IN EMERGENCY
PREPAREDNESS AND RESPONSE ACTIVITIES.
(a) Establishment of Preparedness Program- Section 519 of the Homeland
Security Act of 2002 (6 U.S.C. 318) is amended--
(1) by striking the section heading and inserting the following:
`SEC. 519. PARTICIPATION OF PRIVATE SECTOR ORGANIZATIONS IN EMERGENCY
PREPAREDNESS AND RESPONSE ACTIVITIES.';
(2) by inserting `(a) Use of Private Sector Networks in Emergency
Response- ' before `To the maximum'; and
(3) by adding at the end the following:
`(b) Private Sector Emergency Preparedness Program-
`(1) PREPAREDNESS PROGRAM- Not later than 90 days after the date of
enactment of this subsection, the Secretary shall develop and implement a
program to enhance private sector preparedness for acts of terrorism and
other emergencies and disasters through the promotion of the use of
voluntary consensus standards.
`(2) PROGRAM ELEMENTS- In carrying out the program, the Secretary shall
develop guidance and identify best practices to assist or foster action by
the private sector in--
`(A) identifying hazards and assessing risks and impacts;
`(B) mitigating the impacts of a wide variety of hazards, including
weapons of mass destruction;
`(C) managing necessary emergency preparedness and response
resources;
`(D) developing mutual aid agreements;
`(E) developing and maintaining emergency preparedness and response
plans, as well as associated operational procedures;
`(F) developing and conducting training and exercises to support and
evaluate emergency preparedness and response plans and operational
procedures;
`(G) developing and conducting training programs for security guards
to implement emergency preparedness and response plans and operations
procedures; and
`(H) developing procedures to respond to external requests for
information from the media and the public.
`(A) IN GENERAL- The Secretary shall support the development of,
promulgate, and regularly update as necessary national voluntary consensus
standards for private sector emergency preparedness that will enable
private sector organizations to achieve optimal levels of emergency
preparedness as soon as practicable. Such standards shall include the
National Fire Protection Association 1600 Standard on Disaster/Emergency
Management and Business Continuity Programs.
`(B) CONSULTATION- The Secretary shall carry out paragraph (1) in
consultation with the Assistant Secretary for Infrastructure Protection,
the Assistant Secretary for Cyber Security and Communications, the Under
Secretary for Science and Technology, the Director of the Federal
Emergency Management Agency, and the Special Assistant to the Secretary
for the Private Sector.
`(4) COORDINATION- The Secretary shall coordinate the program with, and
utilize to the maximum extent practicable--
`(A) the voluntary standards for disaster and emergency management and
business continuity programs accredited by the American National Standards
Institute and developed by the National Fire Protection Association;
and
`(B) any existing private sector emergency preparedness guidance or
best practices developed by private sector industry associations or other
organizations.'.
(b) Conforming Amendment- The table of contents contained in section 1(b)
of such Act is amended by striking the item relating to section 519 and
inserting the following:
`Sec. 519. Participation of private sector organizations in emergency
preparedness and response activities.'.
TITLE XII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
SEC. 1201. FINDINGS.
(a) Findings of the 9/11 Commission- Congress finds that the 9/11
Commission made the following determinations:
(1) The United States Government has made insufficient progress, and
receives a grade `D', on efforts to prevent weapons of mass destruction
(WMD) proliferation and terrorism.
(2) The Cooperative Threat Reduction (CTR) program has made significant
accomplishments, but much remains to be done to secure weapons-grade nuclear
materials. The size of the problem still dwarfs the policy response. Nuclear
materials in the former Soviet Union still lack effective security
protection, and sites throughout the world contain enough highly-enriched
uranium to fashion a nuclear device but lack even basic security
features.
(3) Preventing the proliferation of WMD and acquisition of such weapons
by terrorists warrants a maximum effort, by strengthening
counter-proliferation efforts, expanding the Proliferation Security
Initiative (PSI), and supporting the Cooperative Threat Reduction (CTR)
Program.
(4) Preventing terrorists from gaining access to WMD must be an urgent
national security priority because of the threat such access poses to the
American people. The President should develop a comprehensive plan to
dramatically accelerate the timetable for securing all nuclear
weapons-usable material around the world and request the necessary resources
to complete this task. The President should publicly state this goal and
ensure its fulfillment.
(5) Congress should provide the resources needed to secure vulnerable
materials as quickly as possible.
(b) Recommendations of 9/11 Commission- Congress further finds that 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 universal 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 (PSI), 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 PROGRAM- The United States
should expand, improve, increase resources for, and otherwise fully support
the Cooperative Threat Reduction (CTR) program.
SEC. 1202. DEFINITIONS.
(1) The terms `prevention of weapons of mass destruction proliferation
and terrorism' and `prevention of WMD proliferation 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);
(B) the programs for which appropriations are authorized by section
3101(a)(2) of the Bob Stump National Defense Authorization Act for Fiscal
Year 2003 (Public Law 107-314; 116 Stat. 2458);
(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 that can be used in the manufacture of such weapons.
(3) The term `items of proliferation concern' means equipment or other
materials that could be used to develop WMD or for activities involving
WMD.
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
SEC. 1211. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR
PREVENTION OF WEAPONS OF MASS DESTRUCTION 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 (WMD) proliferation and terrorism as follows:
(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991- Section 211(b) of the
Soviet Nuclear Threat Reduction Act of 1991 (title II of Public Law 102-228;
22 U.S.C. 2551 note) is 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.
(4) AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS OUTSIDE THE
FORMER SOVIET UNION--MODIFICATION OF CERTIFICATION REQUIREMENT; REPEAL OF
FUNDING LIMITATION; CONGRESSIONAL NOTICE REQUIREMENT- Section 1308 of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136;
22 U.S.C. 5963) is amended--
(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) by striking subsection (c);
(C) 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';
(D) 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 Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and Committee on
Foreign Relations of the Senate'; and
(E) 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.'.
(5) AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS PROTECTION AND
COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET UNION--MODIFICATION OF
CERTIFICATION REQUIREMENT; REPEAL OF FUNDING LIMITATION; CONGRESSIONAL
NOTICE REQUIREMENT- Section 3124 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1747) is amended--
(i) by striking `the President may' and inserting `the Secretary of
Energy may'; and
(ii) by striking `if the President' and inserting `if the Secretary
of Energy, with the concurrence of the Secretary of State,';
(B) by striking subsection (c);
(C) in subsection (d)(1)--
(i) by striking `The President may not' and inserting `The Secretary
of Energy may not'; and
(ii) by striking `until the President' and inserting `until the
Secretary of Energy';
(D) 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 Energy shall'; and
(iii) by striking `Congress' and inserting `the Committee on Armed
Services and the Committee on Foreign Affairs of the House of
Representatives and the Committee on Armed Services and Committee on
Foreign Relations of the Senate'; and
(E) 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. 1221. 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 (PSI) announced by the
President on May 31, 2003, with a particular emphasis on the following:
(1) Issuing a presidential directive to the relevant government agencies
and departments that establishes a defined annual budget and clear
authorities, and provides other necessary resources and structures to
achieve more efficient and effective performance of United States
PSI-related activities.
(2) Working with the United Nations Security Council to develop a
resolution to authorize the PSI under international law.
(3) Increasing PSI cooperation with non-NATO partners.
(4) 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),
including the following:
(A) The Department of Defense and the Department of State should
establish clear PSI roles and responsibilities, 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-participating countries to resolve
issues that are impediments to conducting successful PSI
interdictions.
(5) Expanding and formalizing the PSI into a multilateral regime to
increase coordination, cooperation, and compliance among its participating
states in interdiction activities.
(b) Budget Submission- The Secretary of State and the Secretary of Defense
shall submit a defined budget for the PSI, beginning with the budget
submissions for their respective departments for fiscal year 2009.
(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 (4) of subsection (a); and
(2) the progress made toward implementing the matters described in
paragraphs (1), (2), (3), and (5) of subsection (a).
(d) GAO Annual Report- The Government Accountability Office shall submit
to Congress, beginning in fiscal year 2007, an annual 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. 1222. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.
(a) In General- The President is authorized to provide, on such terms as
the President considers appropriate, assistance 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 Assistance Act of 1961.
(3) Drawdown of defense excess defense articles and services 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 Committee 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.
(d) Limitation- Assistance may be provided to a country under section (a)
in no more than three 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, consistent with
any international laws or legal authorities governing the PSI, 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 operations conducted with
other participating countries.
(f) Limitation on Ship or Aircraft Transfers to Uncooperative Countries-
Notwithstanding any other provision of law, the United States may not transfer
any excess defense article that is a vessel or an aircraft to a country that
has not agreed that it will support and assist efforts by the United States to
interdict items of proliferation concern until thirty days after the date on
which the President has provided notice of the proposed transfer to the
appropriate congressional committees 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)), in addition to any other
requirement of law.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass
Destruction Proliferation and Terrorism
SEC. 1231. FINDINGS; STATEMENT OF POLICY.
(a) Findings- Congress is aware that certain United States threat
reduction and nonproliferation programs have in past years encountered
obstacles to timely obligating and executing the full amount of appropriated
funds, and that certain United States threat reduction and nonproliferation
programs currently encounter such obstacles and therefore maintain unobligated
and uncosted balances. Such obstacles include lack of effective policy
guidance, limits on program scope, practical inefficiencies, lack of
cooperation with other countries, and lack of effective leadership to overcome
such obstacles.
(b) Statement of Policy- It shall be the policy of the United States,
consistent with the 9/11 Commission's recommendations, to eliminate the
obstacles described in subsection (a) with concrete measures, such as those
described in this title, to accelerate and strengthen progress on preventing
weapons of mass destruction (WMD) proliferation and terrorism. Such measures
described in this title include the removal and modification of statutory
limits to executing funds, the expansion and strengthening of the PSI, the
establishment of the Office of the United States Coordinator for the
Prevention 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 section
will be executed in a timely manner.
SEC. 1232. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE
COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2007- In addition to any other amounts authorized to be
appropriated, there are authorized to be appropriated to the Department of
Defense Cooperative Threat Reduction Program such sums as may be necessary for
fiscal year 2007 for the following purposes:
(1) Biological weapons proliferation prevention.
(2) Chemical weapons destruction at Shchuch'ye, Russia.
(3) Acceleration, expansion, and strengthening of all CTR
activities.
(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 additional commitments by the Russian Federation and other partner
nations, as recommended by the 9/11 Commission.
SEC. 1233. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY
PROGRAMS TO PREVENT WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM.
In addition to any other amounts authorized to be appropriated, there are
authorized to be appropriated to the Department of Energy National Nuclear
Security Administration such sums as may be necessary for fiscal year 2007 for
programs to prevent weapons of mass destruction (WMD) proliferation and
terrorism, to be used as follows:
(1) To accelerate, expand, and strengthen the Global Threat Reduction
Initiative (GTRI), with a particular emphasis on--
(A) the Russian research reactor fuel return program;
(B) international radiological threat reduction;
(C) emerging threats and gap material; and
(D) development of quick response and short-term capabilities to
secure and remove WMD materials throughout the world.
(2) To accelerate, expand, and strengthen the Nonproliferation and
International Security (NIS) program, with a particular emphasis on--
(A) global security and engagement, and cooperation with the People's
Republic of China, India, and other states;
(B) activities to address emerging proliferation concerns in North
Korea, Iran, and elsewhere;
(C) participation in negotiations regarding North Korea's nuclear
programs;
(D) inter-agency participation in the Proliferation Security
Initiative (PSI);
(E) technical and other assistance to the International Atomic Energy
Agency (IAEA) to support efforts to increase the IAEA's capacity to secure
vulnerable WMD materials worldwide and prevent WMD proliferation and
terrorism;
(F) efforts to increase United States ability to help states around
the world place the `effective controls' on WMD and related materials and
technology mandated by United Nations Security Council Resolution 1540
(2004);
(G) cooperation on international safeguards and export controls in
South Asia, the Middle East, and other regions;
(H) efforts to strengthen United States commitments to international
regimes and agreements; and
(I) establishment of a contingency fund for opportunities to prevent
WMD proliferation and terrorism that arise.
(3) To accelerate, expand, and strengthen the International Materials
Protection, Control and Accounting (MPC&A) program, with a particular
emphasis on--
(A) implementation of physical protection and material control and
accounting upgrades at sites;
(B) national programs and sustainability activities in
Russia;
(C) material consolidation and conversion (including significant
acceleration of the down-blending of highly-enriched uranium to
low-enriched uranium, the removal of highly-enriched uranium from
facilities, and international participation in these efforts);
(D) efforts to strengthen cooperation with Russia;
(E) implementation of Second Line of Defense Megaports
agreements;
(F) implementation of Department of Energy actions under the Security
and Accountability for Every Port Act of 2006 (also known as the SAFE Port
Act; Public Law 109-347); and
(G) promoting and facilitating worldwide the promulgation of best
practices for security of weapons usable and other nuclear
materials.
(4) To accelerate, expand, and strengthen the Research and Development
program, with a particular emphasis on--
(A) improvement of United States government capability for both short
and long-term, and innovative, research and development that addresses
emerging WMD proliferation and terrorism concerns and will maintain United
States technological advantage, including the capacity to detect nuclear
material origin, uranium enrichment, and plutonium reprocessing;
and
(B) efforts to significantly expand the scientific research and
development skills and resources available to the Department of Energy's
programs to prevent WMD proliferation and terrorism.
Subtitle D--Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
SEC. 1241. OFFICE OF THE UNITED STATES COORDINATOR FOR THE PREVENTION OF
WEAPONS OF MASS DESTRUCTION PROLIFERATION 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 subtitle referred to as the `Office').
(1) UNITED STATES COORDINATOR- The head of the Office shall be the
United States Coordinator of the Office (in this subtitle referred to as the
`Coordinator').
(2) DEPUTY UNITED STATES COORDINATOR- There shall be a Deputy United
States Coordinator of the Office (in this subtitle referred to as the
`Deputy Coordinator'), who shall--
(A) assist the Coordinator in carrying out the responsibilities 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 Coordinator.
(3) APPOINTMENT- The Coordinator and Deputy Coordinator 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.
(c) Duties- The responsibilities of the Coordinator shall include the
following:
(1) Serving as the 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 proliferation and terrorism,
including--
(A) measurable milestones and targets to which departments and
agencies can be held accountable;
(B) identification of gaps, duplication, and other inefficiencies in
existing activities, initiatives, and programs and the steps necessary to
overcome these obstacles;
(C) plans for preserving the nuclear security investment 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 material 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, initiatives, and
programs relating to the prevention of WMD proliferation and terrorism,
including those of the Department of Energy, Department of Defense,
Department of State, and 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 Combat
Nuclear Terrorism;
(G) plans to strengthen United States commitments to international
regimes and significantly improve cooperation 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 jurisdiction 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 Terrorism 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 government 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 effectively executed, and carrying out other appropriate budgetary
authorities.
(d) Staff- The Coordinator may appoint and terminate such personnel as may
be necessary to enable the Coordinator to perform his or her duties.
(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, established 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
legislative changes that the Coordinator considers appropriate with respect to
such strategy and policies and their implementation or the Office of the
Coordinator.
SEC. 1242. REQUEST FOR CORRESPONDING RUSSIAN COORDINATOR.
It is the sense of the Congress that, as soon as practical, the President
should personally request the President of the Russian Federation to designate
an official of the Russian Federation having authorities and responsibilities
for preventing weapons of mass destruction (WMD) proliferation and terrorism
commensurate with those of the Coordinator, and with whom the Coordinator
should coordinate planning and implementation of activities in the Russian
Federation having the purpose of preventing WMD proliferation and
terrorism.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
SEC. 1251. 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. 1252. PURPOSES.
(a) In General- The purposes of the Commission are to--
(1) assess current activities, initiatives, and programs to prevent WMD
proliferation and terrorism; 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, material, and technology to terrorists and states of
concern.
SEC. 1253. COMPOSITION.
(a) Members- The Commission shall be composed of 9 members, of whom--
(1) 3 members shall be appointed by the President;
(2) 2 members shall be appointed by the majority leader of the
Senate;
(3) 1 member shall be appointed by the minority leader of the
Senate;
(4) 2 members shall be appointed by the Speaker of the House of
Representatives; and
(5) 1 member shall be appointed by the minority leader of the House of
Representatives.
(b) Co-Chairmen- The Commission shall have two co-chairmen designated from
among the members of the Commission. Of the co-chairmen--
(1) 1 shall be designated by the President; and
(2) 1 shall be designated jointly by the majority leader of the Senate
and the Speaker of the House of Representatives.
(c) Deadline for Appointment- All members of the Commission 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 Commission shall
meet upon the call of the co-chairmen 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 appointment was made.
SEC. 1254. RESPONSIBILITIES.
(a) In General- The Commission shall address--
(1) the roles, missions, and structure of all relevant government
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. 1255. POWERS.
(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 designate subcommittee or designated member
may determine 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) 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 instrumentality 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 authorized by law,
furnish such information, suggestions, estimates, and statistics directly to
the Commission, upon request made by the co-chairmen, 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 consistent with all applicable statutes,
regulations, and Executive orders.
(d) Assistance From Federal Agencies-
(1) GENERAL SERVICES ADMINISTRATION- The Administrator of General
Services shall provide to the Commission on a reimbursable basis
administrative support and other services 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.
(e) Gifts- The Commission may accept, use, and dispose of gifts or
donations of services or property.
(f) 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. 1256. 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 appropriate;
and
(2) release public versions of the report required under section
1257.
(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. 1257. REPORT.
Not later than 180 days after the appointment of the Commission, the
Commission shall submit to the President and Congress a final report
containing such findings, conclusions, and recommendations for corrective
measures as have been agreed to by a majority of Commission members.
SEC. 1258. 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 1257.
(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.
TITLE XIII--NUCLEAR BLACK MARKET COUNTER-TERRORISM ACT
SEC. 1301. SHORT TITLE.
This title may be cited as the `Nuclear Black Market Counter-Terrorism Act
of 2007'.
SEC. 1302. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means the Committee on Foreign Affairs, the
Committee on Armed Services, the Permanent Select Committee on Intelligence,
and the Committee on Appropriations of the House of Representatives, and the
Committee on Foreign Relations, the Committee on Armed Services, the Select
Committee on Intelligence, and the Committee on Appropriations of the
Senate.
(2) FOREIGN PERSON- The term `foreign person'--
(A) means any person who is not a citizen or national of the United
States or lawfully admitted to the United States for permanent residence
under the Immigration and Nationality Act;
(B) includes any foreign corporation, international organization, or
foreign government; and
(C) includes, for purposes of subsections (a) and (b) of section 1311,
successors, assigns, subsidiaries, and subunits of the person described in
subparagraph (A) or (B) (as the case may be), and other business
organizations or associations in which that person may be deemed to have a
controlling interest.
(3) PERSON- The term `person'--
(A) means a natural person as well as a corporation, business
association, partnership, society, trust, any other nongovernmental
entity, organization, or group, and any governmental entity, or
subsidiary, subunit, or parent entity thereof, and any successor of any
such entity; and
(B) in the case of a country where it may be impossible to identify a
specific governmental entity referred to in subparagraph (A), means all
activities of that government relating to the development or production of
any nuclear equipment or technology.
(4) UNITED STATES FOREIGN ASSISTANCE- The term `United States foreign
assistance' means assistance under the foreign operations, export financing,
and related programs appropriations Act for a fiscal year, and assistance
under the Foreign Assistance Act of 1961.
Subtitle A--Sanctions for Transfers of Nuclear Enrichment, Reprocessing,
and Weapons Technology, Equipment, and Materials Involving Foreign Persons and
Terrorists
SEC. 1311. AUTHORITY TO IMPOSE SANCTIONS ON FOREIGN PERSONS.
(a) Determination of Nuclear Activities by Foreign Persons-
(1) DETERMINATION- Notwithstanding any other provision of law, the
President shall impose the sanctions described in subsection (b) whenever
the President determines that a foreign person, on or after the date of the
enactment of this Act, participated in the export, transfer or trade
of--
(A) nuclear enrichment or reprocessing equipment, materials, or
technology to any non-nuclear-weapon state (as defined in section 102(c)
of the Arms Export Control Act) that--
(i) does not possess functioning nuclear enrichment or reprocessing
plants as of January 1, 2004; and
(ii)(I) does not have in force an additional protocol with the
International Atomic Energy Agency for the application of safeguards (as
derived from IAEA document INFCIRC/540 and related corrections and
additions); or
(II) is developing, manufacturing, or acquiring a nuclear explosive
device; or
(B) any nuclear explosive device, or design information or component,
equipment, materials, or other items or technology that--
(i) is designated for national export controls under the Nuclear
Supplier Group Guidelines for the Export of Nuclear Material, Equipment
and Technology (published by the International Atomic Energy Agency as
IAEA document INFCIRC/254/Rev. 6/Part 1 and subsequent revisions) and
the Guidelines for Transfers of Nuclear-Related Dual-Use Equipment,
Materials, Software and Related Technology (published as IAEA document
INFCIRC/254/Rev. 5/ Part 2 and subsequent revisions); and
(ii) contributes to the development, manufacture, or acquisition of
a nuclear explosive device by--
(I) a non-nuclear weapon state; or
(2) DEFINITION- For purposes of paragraph (1), the term `participated'
means sold, transferred, brokered, financed, assisted, delivered, or
otherwise provided or received, and includes any conspiracy or attempt to
engage in any of such activities, as well as facilitating such activities by
any other person.
(b) Sanctions- The sanctions referred to in subsection (a) that are to be
imposed on a foreign person are the following:
(1) No assistance may be provided to the foreign person under the
Foreign Assistance Act of 1961, and the foreign person may not participate
in any assistance program of the United States Government. Any such
assistance being provided to the foreign person, and any participation in
such assistance program by the foreign person, on the date on which the
sanction under this paragraph is imposed shall be terminated as of such
date.
(2) The United States Government may not export to the foreign person,
or grant a license or other approval to export to or import from the foreign
person of, any defense articles, defense services, or design or construction
services under the Foreign Assistance Act of 1961 or the Arms Export Control
Act. Any contract to export such articles or services, or license or
approval to export or import, under either such Act, that is in effect on
the date on which the sanction under this paragraph is imposed shall be
terminated as of such date.
(3) Licenses or any other approval may not be issued for the export to
the foreign person of any goods or technology subject to the jurisdiction of
the Export Administration Regulations under chapter VII of title 15, Code of
Federal Regulations (or successor regulations), other than food and other
agricultural commodities, medicines and medical equipment. Any such license
or approval that is in effect on the on the date on which the sanction under
this paragraph is imposed, shall be terminated as of such date.
(4) No department or agency of the United States Government may procure,
or enter into any contract for the procurement of, any goods or services
from the foreign person. The Secretary of the Treasury shall prohibit the
importation into the United States of goods, technology, or services
produced or provided by the foreign person, other than information or
informational materials within the meaning of section 203(b)(3) of the
International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
(c) Period Sanctions in Effect- The sanctions referred to in subsection
(b) should be imposed for not less than two years, but may be imposed for
longer periods. The President may suspend after one year any sanction imposed
pursuant to this section 15 days after submitting to the appropriate
congressional committees a report explaining--
(1) the reasons for suspending the sanction;
(2) how the purposes of this title and United States national security
are furthered by such suspension; and
(3) what measures the United States will take or is taking to ensure
that the foreign person will not engage in similar activities in the
future.
(d) Waiver Authority- The President may waive the imposition of any
sanction under subsection (b) if the President certifies to the appropriate
congressional committees that the waiver--
(1) is important to the national security interests of the United
States; and
(2) would further the purposes of this title.
SEC. 1312. PRESIDENTIAL NOTIFICATION ON ACTIVITIES OF FOREIGN PERSONS.
(a) Reports to Congress- Not later than 180 days after the date of
enactment of this Act, and not later than January 31 of each year thereafter,
the President shall submit to the appropriate congressional committees a
report detailing any activity by any foreign person described in section 1311.
This report shall also include a description of any sanctions that have been
imposed and their duration.
(b) Publication- When the President imposes sanctions under section 1311,
the President shall, to the maximum extent possible in unclassified form,
publish in the Federal Register, not later than 15 days after reporting such
sanctions to the appropriate congressional committees under subsection (a),
the identity of each sanctioned foreign person, the period for which sanctions
will be in effect, and the reasons for the sanctions.
Subtitle B--Further Actions Against Corporations Associated With
Sanctioned Foreign Persons
SEC. 1321. FINDINGS.
The Congress finds the following:
(1) Foreign persons and corporations engaging in nuclear black-market
activities are motivated by reasons of commercial gain and profit.
(2) Sanctions targeted solely against the business interests of the
sanctioned person or business concern may be unsuccessful in halting these
proliferation activities, as the sanctions may be seen merely as the cost of
doing business, especially if the business interests of the parent or
subsidiary corporate entities are unaffected by the sanctions.
(3) Such narrow targeting of sanctions creates the incentive to create
shell and `carve-out' corporate entities to perform the proliferation
activities and attract sanctions, leaving all other aspects of the larger
corporation unaffected.
(4) To dissuade corporations from allowing their associated commercial
entities or persons from engaging in proliferation black-market activities,
they must also be made to suffer financial loss and commercial disadvantage,
and parent and subsidiary commercial enterprises must be held responsible
for the proliferation activities of their associated entities.
(5) If a corporation perceives that the United States Government will do
everything possible to make its commercial activity difficult around the
world, then that corporation has a powerful commercial incentive to prevent
any further proliferation activity by its associated entities.
(6) Therefore, the United States Government should seek to increase the
risk of commercial loss for associated corporate entities for the
proliferation actions of their subsidiaries.
SEC. 1322. CAMPAIGN BY UNITED STATES GOVERNMENT OFFICIALS.
The President shall instruct all agencies of the United States Government
to make every effort in their interactions with foreign government and
business officials to persuade foreign governments and relevant corporations
not to engage in any business transaction with a foreign person sanctioned
under section 1311, including any entity that is a parent or subsidiary of the
sanctioned foreign person, for the duration of the sanctions.
SEC. 1323. COORDINATION.
The Secretary of State shall coordinate the actions of the United States
Government under section 1322.
SEC. 1324. REPORT.
Not later than one year after the date of the enactment of this Act and
annually thereafter, the Secretary of State shall report to the appropriate
congressional committees on the actions taken by the United States to carry
out section 1322.
Subtitle C--Rollback of Nuclear Proliferation Networks
SEC. 1331. NONPROLIFERATION AS A CONDITION OF UNITED STATES ASSISTANCE.
United States foreign assistance should only be provided to countries
that--
(1) are not cooperating with any non-nuclear-weapon state or any foreign
group or individual who may be engaged in, planning, or assisting any
international terrorist group in the development of a nuclear explosive
device or its means of delivery and are taking all necessary measures to
prevent their nationals and other persons and entities subject to their
jurisdiction from participating in such cooperation; and
(2) are fully and completely cooperating with the United States in its
efforts to eliminate nuclear black-market networks or activities.
SEC. 1332. REPORT ON IDENTIFICATION OF NUCLEAR PROLIFERATION NETWORK HOST
COUNTRIES.
(1) IN GENERAL- Not later than 90 days after the date of the enactment
of this Act and annually thereafter, the President shall submit a report to
the appropriate congressional committees that--
(A) identifies any country in which manufacturing, brokering,
shipment, transshipment, or other activity occurred in connection with the
transactions of the nuclear proliferation network that supplied Libya,
Iran, North Korea, and possibly other countries or entities; and
(B) identifies any country in which manufacturing, brokering,
shipment, transshipment, or other activity occurred for the purpose of
supplying nuclear technology, equipment, or material to another country or
foreign person that could, in the President's judgment, contribute to the
development, manufacture, or acquisition, of a nuclear explosive device by
a country or foreign person of concern to the United States
(2) ADDITIONAL INFORMATION- The report under paragraph (1) shall also
include a description of the extent to which each country described in the
report is, in the opinion of the President, fully cooperating with the
United States in its efforts to eliminate the nuclear proliferation network
described in paragraph (1)(A) or stopping the activities described in
paragraph (1)(B). The President shall base the determination regarding a
country's cooperation with the United States in part on the degree to which
the country has satisfied United States requests for assistance and
information, including whether the United States has asked and been granted
direct investigatory access to key persons involved in the nuclear
proliferation network described in paragraph (1)(A) or the activities
described in paragraph (1)(B).
(b) Classification- Reports under this section shall be unclassified to
the maximum extent possible.
SEC. 1333. SUSPENSION OF ARMS SALES LICENSES AND DELIVERIES TO NUCLEAR
PROLIFERATION HOST COUNTRIES.
(a) Suspension- Upon submission of the report and any additional
information under section 1332 to the appropriate congressional committees,
the President shall suspend all licenses issued under the Arms Export Control
Act, and shall prohibit any licenses to be issued under that Act, for exports
to, or imports from, any country described in the report, unless the President
certifies to the appropriate congressional committees that such country--
(1)(A) has fully investigated or is fully investigating the activities
of any person or entity within its territory that has participated in the
nuclear proliferation network described in section 1332(a)(1)(A) or the
activities described in section 1332(a)(1)(B); and
(B) has taken or is taking effective steps to permanently halt similar
illicit nuclear proliferation activities;
(2) has been or is fully cooperating with the United States and other
appropriate international organizations in investigating and eliminating the
nuclear proliferation network, any successor networks operating within its
territory, or other illicit nuclear proliferation activities; and
(3) has enacted or is enacting new laws, promulgated decrees or
regulations, or established practices designed to prevent future such
activities from occurring within its territory.
(b) Waiver- The President may waive the requirements of subsection (a) in
a fiscal year if--
(1) the President has certified to the appropriate congressional
committees that the waiver is important to the national security of the
United States; and
(2) at least 5 days have elapsed since making the certification under
paragraph (1).
TITLE XIV--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
SEC. 1401. SHORT TITLE; TABLE OF CONTENTS.
This title may be cited as the `9/11 Commission International
Implementation Act of 2007'.
Subtitle A--Quality Educational Opportunities in Arab and Predominantly
Muslim Countries.
SEC. 1411. 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 Islamic terrorism'.
(2) The report of the National Commission on Terrorist Attacks Upon the
United States concluded that ensuring educational 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 on
building and operating primary and secondary schools in those Muslim states
that commit to sensibly investing financial resources in public
education'.
(3) While Congress endorsed such a program in the Intelligence 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 Arab and 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 Arab and Muslim Youth Opportunity Fund authorized under
section 7114 of the Intelligence Reform and Terrorism Prevention Act of
2004, as amended by section 1412 of this Act, with the goal of building and
operating public primary and secondary schools in Arab and 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 Arab and predominantly Muslim countries; and
(4) to work to prevent financing of educational institutions that
support radical Islamic fundamentalism.
SEC. 1412. INTERNATIONAL ARAB AND MUSLIM YOUTH OPPORTUNITY FUND.
Section 7114 of the Intelligence Reform and Terrorism Prevention Act of
2004 (22 U.S.C. 2228) is amended to read as follows:
`SEC. 7114. INTERNATIONAL ARAB AND MUSLIM YOUTH OPPORTUNITY FUND.
`(a) Findings- Congress finds the following:
`(1) The United Nation's 2003 Arab Human Development Report states that
the quantitative expansion of Arab education remains incomplete. The report
asserts that high rates of illiteracy, especially among women, persist.
Children continue to be denied their basic right to elementary education.
Higher education is characterized by decreasing enrollment rates compared to
developed countries, and public expenditures on education has declined since
1985.
`(2) The UN report cities the decline in quality as the most significant
challenge in the educational arena in Arab countries.
`(3) Researchers argue that curricula taught in Arab countries seem to
encourage submission, obedience, subordination, and compliance, rather than
free critical thinking.
`(4) Despite major efforts to improve pre-school education in some Arab
countries, the quality of education provided in kindergartens in the region
does not fulfill the requirements for advancing and developing children's
capabilities in order to help socialize a creative and innovative
generation.
`(5) Many factors in Arab countries adversely affect teachers'
capabilities, such as low salaries (which force educators in to take on
other jobs that consume their energy and decrease the time they can devote
to caring for their students), lack of facilities, poorly designed
curricula, indifferent quality of teacher training, and overcrowded
classes.
`(6) Educational attainments in Arab and non-Arab Muslim countries--from
literacy rates to mathematical and science achievements--are well below
global standards.
`(7) It is estimated that there are 65,000,000 illiterate adult Arabs,
and two-thirds of them are women.
`(8) Educational enrollment for Arab countries rose from 31,000,000
children in 1980 to approximately 56,000,000 children in 1995. Yet despite
this increase, 10,000,000 children between the ages of 6 and 15 are
currently not in school.
`(9) In the Middle East, roughly 10,000,000 children still do not go to
school.
`(10) Even though women's access to education has tripled in Arab
countries since 1970, gender disparities still persist. Illiteracy in Arab
countries affects women disproportionately. Women make up two-thirds of
illiterate adults, with most living in rural areas.
`(11) The publication of books and other reading materials in Arab
countries faces many major challenges, including the small number of readers
due to high rates of illiteracy in some such countries and the weak
purchasing power of the Arab reader. The limited readership in Arab
countries is reflected in the small number of books published in such
countries, which does not exceed 1.1 percent of world production, although
Arabs constitute five percent of the world population.
`(12) The nexus between health and education in Arab countries is very
strong. Gains in women's education accounted for an estimated 43 percent
reduction in child malnutrition between 1970 and 1995. Educated mothers are
more likely to better space births, to have adequate prenatal care, and to
immunize their children.
`(13) Many educational systems in Arab and non-Arab Muslim countries
widen the gap between rich and poor: while rich students attend excellent
private schools, poor children receive grossly inadequate schooling.
`(b) Purpose- The purpose of this section is to strengthen the public
educational systems in Arab and predominantly Muslim countries by--
`(1) authorizing the establishment of an International Arab and Muslim
Youth Educational Fund through which the United States dedicates resources,
either through a separate fund or through an international organization, to
assist those countries that commit to education reform; and
`(2) providing resources for the Fund to help strengthen the public
educational systems in those countries.
`(c) Establishment of Fund-
`(1) AUTHORITY- The President is authorized to establish an
International Arab and Muslim Youth Opportunity Fund.
`(2) LOCATION- The Fund may be established--
`(A) as a separate fund in the Treasury; or
`(B) through an international organization or international 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 department, agency, or
instrumentality of the United States Government 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 Arab and
predominantly Muslim countries.
`(A) ASSISTANCE TO ENHANCE MODERN EDUCATIONAL PROGRAMS-
`(i) The establishment in Arab and 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 educational materials to
advance a modern educational curriculum in such systems.
`(iii) Teaching English to adults and children.
`(iv) The establishment in Arab and predominantly Muslim countries
of programs that enhance accountability, transparency, and interaction
on education policy in such countries between the national government
and the regional and local governments through improved information
sharing and monitoring.
`(v) The establishment in Arab and predominantly Muslim countries of
programs to assist in the formulation of administration and planning
strategies for all levels of government in such countries, including
national, regional, and local governments.
`(vi) The enhancement in Arab and predominantly Muslim countries of
community, family, and student participation in the formulation and
implementation of education strategies and programs in such
countries.
`(B) ASSISTANCE FOR TRAINING AND EXCHANGE PROGRAMS 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 Arab and predominantly Muslim countries and with other
countries to stimulate additional ideas and reform throughout the world,
including teacher training exchange programs focused on primary school
teachers in such countries.
`(iii) The establishment of exchange programs for primary and
secondary students in Muslim and Arab countries and with other countries
to foster understanding and tolerance and to stimulate long-standing
relationships.
`(C) ASSISTANCE TARGETING PRIMARY AND SECONDARY STUDENTS-
`(i) The establishment in Arab and predominantly Muslim countries of
after-school programs, civic education programs, 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 Arab and predominantly Muslim countries
of programs to improve the proficiency of primary and secondary students
in information technology skills.
`(D) ASSISTANCE FOR DEVELOPMENT OF YOUTH PROFESSIONALS-
`(i) The establishment of programs in Arab and predominantly Muslim
countries to improve vocational training in trades to help strengthen
participation of Muslims and Arabs in the economic development of their
countries.
`(ii) The establishment of programs in Arab and predominantly Muslim
countries that target older Muslim and Arab 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 appropriated 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 thereafter, the President shall
submit to the appropriate congressional committees a report on United States
efforts to assist in the improvement of educational opportunities for Arab
and predominantly Muslim children and youths, including the progress made
toward establishing the International Arab and Muslim Youth Opportunity
Fund.
`(7) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this subsection,
the term `appropriate congressional committees' means 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.'.
SEC. 1413. ANNUAL REPORT TO CONGRESS.
(a) In General- Not later than June 1 of each year, the Secretary of State
shall submit to the appropriate congressional committees a report on the
efforts of Arab and 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 Arab and 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 assistance 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.
(c) Appropriate Congressional Committees Defined- In this section, the
term `appropriate congressional committees' means 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.
SEC. 1414. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED
SCHOOLS IN ARAB AND 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 (Pub. Law 108-458) authorized the establishment of a pilot program
to provide grants to American-sponsored schools in Arab and 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--
(i) by striking `pilot'; and
(ii) by inserting `arab and' before `predominantly
muslim';
(B) in subsection (a)(2), by inserting `Arab and' before
`predominantly Muslim';
(C) in subsection (b), in the matter preceding paragraph (1), by
inserting `Arab and' before `predominantly Muslim';
(i) in the subsection heading, by striking `Pilot';
(ii) by striking `pilot'; and
(iii) by striking `countries with predominantly Muslim populations'
and inserting `Arab and predominantly Muslim countries';
(E) in subsection (d), by striking `pilot' each place it
appears;
(i) by striking `pilot'; and
(ii) by inserting `an Arab or' before `a predominantly Muslim
country';
(G) in subsection (g), in the first sentence--
(i) by inserting `and April 15, 2008,' after `April 15, 2006,';
and
(ii) by striking `pilot'; and
(i) by striking `2005 and 2006' 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 Arab
and predominantly Muslim countries to provide scholarships.'.
Subtitle B--Democracy and Development in Arab and Predominantly Muslim
Countries
SEC. 1421. PROMOTING DEMOCRACY AND DEVELOPMENT IN THE MIDDLE EAST, CENTRAL
ASIA, SOUTH ASIA, AND SOUTHEAST ASIA.
(a) Findings- Congress finds the following:
(1) Al-Qaeda and affiliated groups have established a terrorist network
with linkages throughout the Middle East, Central Asia, South Asia, and
Southeast Asia.
(2) While political repression and lack of economic development do not
justify terrorism, increased political freedoms, poverty reduction, and
broad-based economic growth can contribute to an environment that undercuts
tendencies and conditions that facilitate the rise of terrorist
organizations.
(3) It is in the national security interests of the United States to
promote democracy, the rule of law, good governance, sustainable
development, a vigorous civil society, political freedom, protection of
minorities, independent media, women's rights, private sector growth, and
open economic systems in the countries of the Middle East, Central Asia,
South Asia, and Southeast Asia.
(b) Policy- It is the policy of the United States to--
(1) promote over the long-term, seizing opportunities whenever possible
in the short term, democracy, the rule of law, good governance, sustainable
development, a vigorous civil society, political freedom, protection of
minorities, independent media, women's rights, private sector growth, and
open economic systems in the countries of the Middle East, Central Asia,
South Asia, and Southeast Asia;
(2) provide assistance and resources to individuals and organizations in
the countries of the Middle East, Central Asia, South Asia, and Southeast
Asia that are committed to promoting such objectives and to design
strategies in conjunction with such individuals and organizations; and
(3) work with other countries and international organizations to
increase the resources devoted to promoting such objectives.
(c) Strategy- Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to appropriate congressional
committees a report with a country-by-country five year strategy to promote
the policy of the United States described in subsection (b). Such report shall
contain an estimate of the funds necessary to implement such a strategy.
(d) Appropriate Congressional Committees Defined- In this section, the
term `appropriate congressional committees' means 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.
SEC. 1422. 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 Middle East, the expansion of--
(2) opportunities for political participation for all citizens;
(3) protections for internationally recognized human rights, including
the rights of women;
(4) educational system reforms;
(6) policies that promote economic opportunities for citizens;
(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').
(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. The Foundation shall use amounts provided under this
paragraph to carry out the purposes specified in subsection (a), including
through making grants 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 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 prior to
designating an appropriate organization as the Foundation.
(1) FOUNDATION TO MAKE GRANTS- The Secretary of State shall enter into
an agreement with the Foundation that requires the Foundation to use the
funds provided under subsection (b)(2) to make grants to persons or entities
(other than governments or government entities) located in the Middle East
or working with local partners based in the Middle East to carry out
projects that support the purposes 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 Middle East to create a center for public policy for the
purpose of permitting scholars and professionals from the countries of the
Middle East and from other countries, including the United States, to carry
out research, training programs, and other activities to inform public
policymaking in the Middle East and to promote broad economic, social, and
political reform for the people of the Middle East.
(3) APPLICATIONS FOR GRANTS- An entity seeking a grant from the
Foundation under this section shall submit an application 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) to 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 Foundation, 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, only to the
extent and in the amounts provided for in advance in appropriations Acts, may
retain for use for such purposes any interest earned without returning such
interest to the Treasury of the United States.
(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 independent 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 such principles and procedures and under such
rules and regulations 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 purposes specified
in subsection (a); and
(4) the financial condition of the Foundation.
(i) Definitions- In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate
congressional committees' means 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.
(2) MIDDLE EAST- The term `Middle East' means Algeria, Bahrain, Egypt,
Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Qatar, Saudi
Arabia, Syria, Tunisia, United Arab Emirates, West Bank and Gaza, and
Yemen.
(j) Expiration of Authority- The authority provided under this section
shall expire on September 30, 2017.
(k) Repeal- Section 534(k) of Public Law 109-102 is repealed.
Subtitle C--Restoring United States Moral Leadership
SEC. 1431. 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--
(1) The United States needs to improve its communication of information
and ideas to people in foreign countries, particularly in countries with
significant Muslim populations.
(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.
(3) A significant expansion of United States international broadcasting
would provide a cost-effective means of improving communication with
countries with significant Muslim populations by providing news,
information, and analysis, as well as cultural programming, through both
radio and television broadcasts.
(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 governmental entity of the United States to
furnish the Broadcasting Board of Governors with the assistance of such
department, agency, or entity based outside the United States as may be
necessary to provide international broadcasting 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 paragraph (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.
`(b) Authorization of Appropriations-
`(1) IN GENERAL- There are authorized to be appropriated to the
President such sums as may be necessary for the President 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 pursuant to the
authorization of appropriations in this subsection are authorized to remain
available until expended.
`(3) DESIGNATION OF APPROPRIATIONS- Amounts appropriated pursuant to the
authorization of appropriations in this subsection may be referred to as the
`United States International 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.
`(d) Authorization of Appropriations for United States International
Broadcasting Activities-
`(1) IN GENERAL- In addition to amounts otherwise available for such
purposes, there are authorized to be appropriated such sums as may be
necessary to carry out United States Government broadcasting activities
under this Act, including broadcasting capital improvements, the United
States Information and Educational Exchange Act of 1948 (22 U.S.C. 1431 et
seq.), and the Foreign Affairs Reform and Restructuring Act of 1998 (as
enacted in division G of the Omnibus Consolidated and Emergency Supplemental
Appropriations Act, 1999; Public Law 105-277), and to carry out other
authorities in law consistent with such purposes.
`(2) AVAILABILITY OF FUNDS- Amounts appropriated pursuant to the
authorization of appropriations in this section are authorized to remain
available until expended.'.
SEC. 1432. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND LIBRARY
PROGRAMS IN ARAB AND 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, the Secretary of State
shall submit to the appropriate congressional committees a report on the
recommendations 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
Arab and predominantly Muslim countries. Such report shall include--
(1) a certification by the Secretary of State that such recommendations
have been implemented and such policy goals have been achieved; or
(2) if the Secretary of State is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and achieve such
policy goals;
(B) when the Secretary of State expects such recommendations 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.
(c) GAO Review of Certification- If the Secretary of State submits a
certification pursuant to subsection (a)(1), not later than 30 days after the
submission of such certification, the Comptroller General of the United States
shall submit to the appropriate congressional committees a report on whether
the recommendations referred to in subsection (a) have been implemented and
whether the policy goals described in section 7112 of the Intelligence Reform
and Terrorism Prevention Act of 2004 have been achieved.
(d) Definition- In this section, the term `appropriate congressional
committees' means--
(1) the Committee on Foreign Affairs and the Committee on Oversight and
Government Reform of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Homeland
Security and Governmental Affairs of the Senate.
SEC. 1433. 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 Commission') 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 our allies `to develop a common
coalition approach toward the detention and humane treatment of captured
terrorists', drawing from Common Article 3 of the Geneva Conventions.
(2) Congress has passed several provisions of law that have changed
United States standards relating to United States detainees, but such
provisions have not been part of a common coalition approach in this
regard.
(3) A number of investigations remain ongoing by countries who 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.
(b) Report; Certification- Not later than 90 days after the date of the
enactment of this Act and every 180 days thereafter, the Secretary of State,
in consultation with the Attorney General and the Secretary of Defense, shall
submit to the relevant congressional committees a report on any progress
towards implementing the recommendations of the 9/11 Commission for engaging
United States allies to develop a common coalition approach, in compliance
with Common Article 3 of the Geneva Conventions, toward the detention and
humane treatment of individuals detained during Operation Iraqi Freedom,
Operation Enduring Freedom, or in connection with United States
counterterrorist operations. Such report shall include--
(1) a certification by the Secretary of State that such recommendations
have been implemented and such policy goals have been achieved; or
(2) if the Secretary of State is unable to make the certification
described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and achieve such
policy goals;
(B) when the Secretary of State expects such recommendations to be
implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by Congress that the
Secretary of State considers necessary to implement such recommendations
and achieve such policy goals.
(c) 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 subsection (a)(1).
(d) GAO Review of Certification- If the Secretary of State submits a
certification pursuant to subsection (a)(1), not later than 30 days after the
submission of such certification, the Comptroller General shall submit to the
relevant congressional committees a report on whether the recommendations
described in subsection (a) have been implemented and whether the policy goals
described in such subsection have been achieved.
(e) Definition- In this section, the term `relevant congressional
committees' means--
(1) with respect to the House of Representatives, the Committee on
Foreign Affairs, the Committee on Armed Services, the Committee on Oversight
and Government Reform, 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 Homeland Security and
Governmental Affairs, 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. 1441. AFGHANISTAN.
(a) Statements of Policy- The following shall be the policies of the
United States:
(1) The United States shall vigorously support the Government of
Afghanistan as it continues on its path toward a broad-based, pluralistic,
multi-ethnic, gender-sensitive, and fully representative government in
Afghanistan and shall maintain its long-term commitment to the people of
Afghanistan by increased assistance and the continued deployment of United
States troops in Afghanistan as long as the Government of Afghanistan
supports 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 and our NATO partners, and
in consultation with Congress, to assess the success of the Afghan
counternarcotics strategy in existence as of December 2006 and to explore
all additional options for addressing the narcotics crisis in Afghanistan,
including possible changes in rules of engagement for NATO and Coalition
forces for participation in actions against narcotics trafficking and
kingpins.
(b) Statement of Congress- Congress strongly urges that the Afghanistan
Freedom Support Act of 2002 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.
(c) Emergency Increase in Policing Operations-
(1) IN GENERAL- The President shall make every effort, on an emergency
basis, to dramatically increase the numbers of United States and
international police trainers, mentors, and police personnel operating in
conjunction with Afghanistan civil security forces and shall increase
efforts to assist the Government of Afghanistan in addressing the corruption
crisis that is threatening to undermine Afghanistan's future.
(2) REPORT- Not later than 180 days after the date of the enactment of
this Act and every six months thereafter until September 31, 2010, the
President shall submit to 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 a report
on United States efforts to fulfill the requirements of this
subsection.
(d) Emergency Energy Assistance-
(1) FINDING- Congress finds that short-term shortages of energy may
destabilize the Government of Afghanistan and undermine the ability of
President Karzai to carry out critically needed reforms.
(2) AUTHORIZATION OF ASSISTANCE- The President is authorized to provide
assistance for the acquisition of emergency energy resources, including
diesel fuel, to secure the delivery of electricity to Kabul, Afghanistan,
and other major Afghan provinces and cities.
(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the President to carry out paragraph (2) such sums as may be
necessary for each of fiscal years 2008 and 2009.
SEC. 1442. PAKISTAN.
(a) Findings- Congress finds the following:
(1) Since September 11, 2001, the Government of Pakistan has been an
important partner in helping the United States remove the Taliban regime in
Afghanistan and combating international terrorism in the frontier provinces
of Pakistan.
(2) There remain a number of critical issues that threaten to disrupt
the relationship between the United States and Pakistan, undermine
international security, and destabilize Pakistan, including--
(A) curbing the proliferation of nuclear weapons technology;
(B) combating poverty and corruption;
(C) building effective government institutions, especially secular
public schools;
(D) promoting democracy and the rule of law, particularly 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 Islamic extremism.
(b) Statements of Policy- The following shall be the policies of the
United States:
(1) 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 forces associated with the
Taliban.
(2) To establish a long-term strategic partnership with the Government
of Pakistan to address the issues described in subparagraphs (A) through (H)
of subsection (a)(2).
(3) To dramatically increase funding for programs of the United States
Agency for International Development and the Department of State that assist
the Government of Pakistan in addressing such issues, if the Government of
Pakistan demonstrates a commitment to building a moderate, democratic state,
including significant steps towards free and fair parliamentary elections in
2007.
(4) To work with the international community to secure additional
financial and political support to effectively implement the policies set
forth in this subsection and help to resolve the dispute between the
Government of Pakistan and the Government of India over the disputed
territory of Kashmir.
(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 submit to the
appropriate congressional committees a report, in classified form if
necessary, that describes the long-term strategy of the United States to
engage with the Government of Pakistan to address the issues described in
subparagraphs (A) through (F) of subsection (a)(2) and carry out the
policies described in subsection (b) in order accomplish the goal of
building a moderate, democratic Pakistan.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this subsection the
term `appropriate congressional committees' means 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.
(d) Limitation on United States Security Assistance to Pakistan-
(A) IN GENERAL- For fiscal years 2008 and 2009, United States
assistance 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 15 days after the date on which
President determines and certifies to the appropriate congressional
committees that the Government of Pakistan is making all possible efforts
to prevent the Taliban from operating in areas under its sovereign
control, including in the cities of Quetta and Chaman and in the Northwest
Frontier Province and the Federally Administered Tribal Areas.
(B) FORM- The certification required by subparagraph (A) shall be
transmitted in unclassified form, but may contain a classified
annex.
(2) WAIVER- The President may waive the limitation on assistance under
paragraph (1) for a fiscal year if the President determines and certifies to
the appropriate congressional committees that it is important to the
national security interest of the United States to do so.
(3) SUNSET- The limitation on assistance under paragraph (1) shall cease
to be effective beginning on the date on which the President determines and
certifies to the appropriate congressional committees that the Taliban, or
any related successor organization, has ceased to exist as an organization
capable of conducting military, insurgent, or terrorist activities in
Afghanistan from Pakistan.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this subsection,
the term `appropriate congressional committees' means 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.
(e) Nuclear Proliferation-
(1) FINDING- Congress finds that Pakistan's maintenance of a network for
the proliferation of nuclear and missile technologies would be inconsistent
with Pakistan being considered 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 are authorized to be appropriated to the President
for providing assistance for Pakistan for fiscal year 2008--
(A) for `Development Assistance', such sums as may be necessary to
carry out the provisions of sections 103, 105, and 106 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, and 2151d,);
(B) for the `Child Survival and Health Programs Fund', such sums as
may be necessary to carry out the provisions of sections 104 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151b);
(C) for the `Economic Support Fund', such sums as may be necessary to
carry out the provisions of chapter 4 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2346 et seq.);
(D) for `International Narcotics Control and Law Enforcement', such
sums as may be necessary to carry out the provisions of chapter 8 of part
I of the Foreign Assistance Act of 1961 (22 U.S.C. 2291 et seq.);
(E) for `Nonproliferation, Anti-Terrorism, Demining and Related
Programs', such sums as may be necessary;
(F) for `International Military Education and Training', such sums as
may be necessary to carry out the provisions of chapter 5 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.); and
(G) for `Foreign Military Financing Program', such sums as may be
necessary to carry out the provisions of section 23 of the Arms Export
Control Act (22 U.S.C. 2763).
(2) OTHER FUNDS- Amounts authorized to be appropriated under this
subsection are in addition to amounts otherwise available for such
purposes.
(g) Extension of Waivers-
(1) AMENDMENTS- The Act entitled `An Act to authorize the President to
exercise waivers of foreign assistance restrictions 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--
(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 the
foreign operations, export financing, and related programs
appropriations Act for fiscal year 2007 or 2008 (or any other
appropriations Act) that prohibits';
(B) in section 3(2), by striking `Such provision' and all that follows
through `as are' and inserting `Such provision of the annual foreign
operations, export financing, and related programs appropriations Act 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 specified in the amendments made by paragraph (1) to Public Law
107-57 should be informed by the pace of democratic reform, extension of the
rule of law, and the conduct of the parliamentary elections currently
scheduled for 2007 in Pakistan.
SEC. 1443. SAUDI ARABIA.
(a) Findings- Congress finds the following:
(1) The Kingdom of Saudi Arabia has an uneven record in the fight
against terrorism, especially with respect to terrorist financing, support
for radical madrassas, and a lack of political outlets for its citizens,
that poses a threat to the security of the United States, the international
community, and the Kingdom of Saudi Arabia itself.
(2) The United States has a national security interest in working with
the Government of Saudi Arabia to combat international terrorists who
operate within Saudi Arabia or who operate outside Saudi Arabia with the
support of citizens of Saudi Arabia.
(b) Sense of Congress- It is the sense of Congress that, in order to more
effectively combat terrorism, the Government of Saudi Arabia must undertake
and continue a number of political and economic reforms, including increasing
anti-terrorism operations conducted by law enforcement agencies, providing
more political rights to its citizens, increasing the rights of women,
engaging in comprehensive educational reform, enhancing monitoring of
charitable organizations, promulgating and enforcing domestic laws, and
regulation on terrorist financing.
(c) Statements of Policy- The following shall be the policies of the
United States:
(1) To engage with the Government of Saudi Arabia to openly confront the
issue of terrorism, as well as other problematic issues, such as the lack of
political freedoms, with the goal of restructuring the relationship on terms
that leaders of both countries can publicly support.
(2) To enhance counterterrorism cooperation with the Government of Saudi
Arabia, if the political leaders of such government are committed to making
a serious, sustained effort to combat terrorism.
(3) To support the efforts of the Government of Saudi Arabia to make
political, economic, and social reforms throughout the country.
(d) Strategy Relating to Saudi Arabia-
(1) REQUIREMENT FOR REPORT ON STRATEGY- Not later than 90 days after the
date of the enactment of this Act, the President shall submit to the
appropriate congressional committees a report, in classified form if
necessary, that describes the progress on the Strategic Dialogue
(established by President George W. Bush and Crown Prince (now King)
Abdullah in April 2005) between the United States and Saudi Arabia,
including the progress made in such Dialogue toward implementing the
long-term strategy of the United States to--
(A) engage with the Government of Saudi Arabia to facilitate
political, economic, and social reforms that will enhance the ability of
the Government of Saudi Arabia to combat international terrorism;
and
(B) work with the Government of Saudi Arabia to combat terrorism,
including through effective prevention of the financing of terrorism by
Saudi institutions and citizens.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In this subsection the
term `appropriate congressional committees' means 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.
Passed the House of Representatives January 9, 2007.
Attest:
KAREN L. HAAS,
Clerk.
END