Version	Word Count	Changes From Previous Version	Percent Change
Introduced in Senate	243	n/a	n/a
Reported in Senate	43,873	145	99%
Engrossed in Senate	84,336	342 Show Changes Hide Changes	62%

Display Version Introduced in Senate Reported in Senate Engrossed in Senate

Most commented sections:

• Paragraph 22 (1 comments)

S 4 RS

Calendar No. 57ESCommentsClose CommentsPermalink

110th CONGRESS 1st Session S. 4

---

To make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

[Struck out->]SECTION 1. SHORT TITLE.[<-Struck out][Struck out->]This Act may be cited as the `Improving America's Security by Implementing Unfinished Recommendations of the 9/11 Commission Act of 2007'.[<-Struck out][Struck out->]SEC. 2. SENSE OF CONGRESS.[<-Struck out][Struck out->]It is the sense of Congress that Congress should enact, and the President should sign, legislation to make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively and to improve homeland security.[<-Struck out]SECTION 1. SHORT TITLE.

This Act may be cited as the `Improving America's Security Act of 2007'.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) DEPARTMENT- The term `Department' means the Department of Homeland Security.CommentsClose CommentsPermalink





(2) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink

SEC. 3. TABLE OF CONTENTS.

The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title.CommentsClose CommentsPermalink





Sec. 2. Definitions.CommentsClose CommentsPermalink





Sec. 3. Table of contents.CommentsClose CommentsPermalink

TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

Subtitle A--Homeland Security Information Sharing Enhancement

Sec. 111. Homeland Security Advisory System and information sharing.CommentsClose CommentsPermalink





Sec. 112. Information sharing.CommentsClose CommentsPermalink





Sec. 113. Intelligence training development for State and local government officials.CommentsClose CommentsPermalink





Sec. 114. Information sharing incentives.CommentsClose CommentsPermalink

Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 121. State, Local, and Regional Fusion Center Initiative.CommentsClose CommentsPermalink





Sec. 122. Homeland Security Information Sharing Fellows Program.CommentsClose CommentsPermalink





Sec. 123. Rural Policing Institute.CommentsClose CommentsPermalink

Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 131. Interagency Threat Assessment and Coordination Group.CommentsClose CommentsPermalink

TITLE II--HOMELAND SECURITY GRANTS

Sec. 201. Short title.CommentsClose CommentsPermalink





Sec. 202. Homeland Security Grant Program.CommentsClose CommentsPermalink





Sec. 203. Equipment technical assistance training.CommentsClose CommentsPermalink





Sec. 204. Technical and conforming amendments.CommentsClose CommentsPermalink

TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

Sec. 301. Dedicated funding to achieve emergency communications operability and interoperable communications.CommentsClose CommentsPermalink





Sec. 302. Border Interoperability Demonstration Project.CommentsClose CommentsPermalink

TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

Sec. 4501. Modernization of the visa waiver program.CommentsClose CommentsPermalink





Sec. 4502. Strengthening the capabilities of the Human Smuggling and Trafficking Center.CommentsClose CommentsPermalink





Sec. 4503. Enhancements to the Terrorist Travel Program.CommentsClose CommentsPermalink





Sec. 4504. Enhanced driver's license.CommentsClose CommentsPermalink





Sec. 4505. Western Hemisphere Travel Initiative.CommentsClose CommentsPermalink





Sec. 506. Model ports-of-entry.CommentsClose CommentsPermalink

TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS

Sec. 5601. Modification of authorities relating to Privacy and Civil Liberties Oversight Board.CommentsClose CommentsPermalink





Sec. 5602. Privacy and civil liberties officers.CommentsClose CommentsPermalink





Sec. 503. Department Privacy Officer.Sec. 5603. Department Privacy Officer.CommentsClose CommentsPermalink





Sec. 604. Federal Agency Data Mining Reporting Act of 2007.CommentsClose CommentsPermalink

TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 6701. National Biosurveillance Integration Center.CommentsClose CommentsPermalink





Sec. 6702. Biosurveillance efforts.CommentsClose CommentsPermalink





Sec. 6703. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.CommentsClose CommentsPermalink

TITLE VIII--PRIVATE SECTOR PREPAREDNESS

Sec. 7801. Definitions.CommentsClose CommentsPermalink





Sec. 7802. Responsibilities of the private sector office of the Ddepartment.CommentsClose CommentsPermalink





Sec. 7803. Voluntary national preparedness standards compliance; accreditation and certification program for the private sector.CommentsClose CommentsPermalink





Sec. 7804. Sense of Congress regarding promoting an international standard for private sector preparedness.CommentsClose CommentsPermalink





Sec. 705. Report to Congress805. Demonstration project.CommentsClose CommentsPermalink





Sec. 706806. Report to Congress.CommentsClose CommentsPermalink





Sec. 807. Rule of construction.CommentsClose CommentsPermalink

TITLE VIIIIX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 801. Transportation security 901. Transportation security strategic planning.CommentsClose CommentsPermalink





Sec. 8902. Transportation security information sharing.CommentsClose CommentsPermalink





Sec. 803. Transportation Security 903. Transportation Security Administration personnel management.CommentsClose CommentsPermalink





Sec. 904. Appeal rights and employee engagement mechanism for passenger and property screeners.CommentsClose CommentsPermalink





Sec. 905. Plan for 100 percent scanning of cargo containers.CommentsClose CommentsPermalink

TITLE IX--INCIDENT COMMAND SYSTEM

Sec. 91001. Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness.CommentsClose CommentsPermalink





Sec. 91002. Credentialing and typing to strengthen incident command.CommentsClose CommentsPermalink

TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION

Sec. 10101. Critical infrastructure protection.CommentsClose CommentsPermalink





Sec. 1002. Risk assessment and report.Sec. 10102. Risk assessment and report.CommentsClose CommentsPermalink





Sec. 1103. Use of existing capabilities.CommentsClose CommentsPermalink





Sec. 1104. Priorities and allocations.CommentsClose CommentsPermalink

TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 11201. Availability to public of certain intelligence funding information.CommentsClose CommentsPermalink





Sec. 11202. Response of intelligence community to requests from Congress.CommentsClose CommentsPermalink





Sec. 1103.203. Public Interest Declassification Board.CommentsClose CommentsPermalink





Sec. 1204. Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.CommentsClose CommentsPermalink





Sec. 1205. Availability of funds for the Public Interest Declassification Board.CommentsClose CommentsPermalink





Sec. 1206. Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001.CommentsClose CommentsPermalink

TITLE XIII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 12301. Promoting antiterrorism capabilities through international cooperation.CommentsClose CommentsPermalink





Sec. 12302. Transparency of funds.CommentsClose CommentsPermalink

TITLE XIIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

TITLE XVI--MISCELLANEOUS PROVISIONS

Sec. 1301. Deputy Secretary of Homeland Secretar601. Deputy Secretary of Homeland Security for Management.CommentsClose CommentsPermalink





Sec. 13602. Sense of the Senate regarding combating domestic radicalization.CommentsClose CommentsPermalink





Sec. 13603. Sense of the Senate regarding oversight of homeland sHomeland Security.CommentsClose CommentsPermalink





Sec. 13604. Report regarding border security.CommentsClose CommentsPermalink





Sec. 1605. Law Enforcement Assistance Force.CommentsClose CommentsPermalink





Sec. 1606. Quadrennial homeland security review.CommentsClose CommentsPermalink





Sec. 1607. Integration of detection equipment and technologies.CommentsClose CommentsPermalink

TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

Subtitle A--Homeland Security Information Sharing Enhancement

SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.

(a) Advisory System and Information Sharing-CommentsClose CommentsPermalink





(1) IN GENERAL- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

`(a) Requirement- The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide warnings regarding the risk of terrorist attacks on the homeland to Federal, State, local, and tribal government authorities and to the people of the United States, as appropriate. The Secretary shall exercise primary responsibility for providing such warnings.CommentsClose CommentsPermalink





`(b) Required Elements- In administering the Homeland Security Advisory System, the Secretary shall--CommentsClose CommentsPermalink





`(1) establish criteria for the issuance and revocation of such warnings;CommentsClose CommentsPermalink





`(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such warnings;CommentsClose CommentsPermalink





`(3) provide, in each such warning, specific information and advice regarding appropriate protective measures and countermeasures that may be taken in response to that risk, at the maximum level of detail practicable to enable individuals, government entities, emergency response providers, and the private sector to act appropriately; andCommentsClose CommentsPermalink





`(4) whenever possible, limit the scope of each such warning to a specific region, locality, or economic sector believed to be at risk.CommentsClose CommentsPermalink

`SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

`(a) Information Sharing- Consistent with section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize the information of the intelligence components of the Department, except for any internal protocols of such intelligence components, to be administered by the Chief Intelligence Officer.CommentsClose CommentsPermalink





`(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 Chief Intelligence Officer regarding coordinating the different systems used in the Department to gather and disseminate homeland security information.CommentsClose CommentsPermalink





`(c) State, Local, and Private-Sector Sources of Information-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT OF BUSINESS PROCESSES- The Chief Intelligence Officer shall--CommentsClose CommentsPermalink





`(A) establish Department-wide procedures for the review and analysis of information gathered from sources in State, local, and tribal government and the private sector;CommentsClose CommentsPermalink





`(B) as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; andCommentsClose CommentsPermalink





`(C) make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.CommentsClose CommentsPermalink





`(2) FEEDBACK- The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that gathers information and provides such information to the Department.CommentsClose CommentsPermalink





`(d) Training and Evaluation of Employees-CommentsClose CommentsPermalink





`(1) TRAINING- The Chief Intelligence Officer shall provide to employees of the Department opportunities for training and education to develop an understanding of--CommentsClose CommentsPermalink





`(A) the definition of homeland security information; andCommentsClose CommentsPermalink





`(B) how information available to such employees as part of their duties--CommentsClose CommentsPermalink





`(i) might qualify as homeland security information; andCommentsClose CommentsPermalink





`(ii) might be relevant to the intelligence components of the Department.CommentsClose CommentsPermalink





`(2) EVALUATIONS- The Chief Intelligence Officer shall--CommentsClose CommentsPermalink





`(A) on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information, sharing information within the Department, as described in this subtitle, and participating in the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); andCommentsClose CommentsPermalink





`(B) provide a report regarding any evaluation under subparagraph (A) to the appropriate component heads.CommentsClose CommentsPermalink

`SEC. 205. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.

`All activities to comply with sections 203 and 204 shall be--CommentsClose CommentsPermalink





`(1) implemented in coordination with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); andCommentsClose CommentsPermalink





`(2) consistent with and support the establishment of that environment, and any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager for the implementation and management of that environment.'.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended--CommentsClose CommentsPermalink





(i) by striking paragraph (7); andCommentsClose CommentsPermalink





(ii) by redesignating paragraphs (8) through (19) as paragraphs (7) through (18), respectively.CommentsClose CommentsPermalink





(B) TABLE OF CONTENTS- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 202 the following:CommentsClose CommentsPermalink





`Sec. 203. Homeland Security Advisory System.CommentsClose CommentsPermalink





`Sec. 204. Homeland Security Information Sharing.CommentsClose CommentsPermalink





`Sec. 205. Coordination with information sharing environment.'.CommentsClose CommentsPermalink





(b) Intelligence Component Defined-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; andCommentsClose CommentsPermalink





(B) by inserting after paragraph (8) the following:CommentsClose CommentsPermalink





`(9) The term `intelligence component of the Department' means any directorate, agency, or other element or entity of the Department that gathers, receives, analyzes, produces, or disseminates homeland security information.'.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) HOMELAND SECURITY ACT OF 2002- Section 501(11) of the Homeland Security Act of 2002 (6 U.S.C. 311(11)) is amended by striking `section 2(10)(B)' and inserting `section 2(11)(B)'.CommentsClose CommentsPermalink





(B) OTHER LAW- Section 712(a) of title 14, United States Code, is amended by striking `section 2(15) of the Homeland Security Act of 2002 (6 U.S.C. 101(15))' and inserting `section 2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))'.CommentsClose CommentsPermalink





(c) Responsibilities of the Under Secretary for Information Analysis and Infrastructure Protection- Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting `, in support of the mission responsibilities of the Department and consistent with the functions of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 50 U.S.C. 404o),' after `and to integrate such information'; andCommentsClose CommentsPermalink





(2) by striking paragraph (7), as redesignated by subsection (a)(2)(A) of this section, and inserting the following:CommentsClose CommentsPermalink





`(7) To review, analyze, and make recommendations for improvements in the policies and procedures governing the sharing of intelligence information, intelligence-related information, and other information relating to homeland security within the Federal Government and among the Federal Government and State, local, and tribal government agencies and among the Federal Government and State, local, and tribal government agencies and authorities, consistent with the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and any policies, guidelines, procedures, instructions or standards established by the President or, as appropriate, the program manager for the implementation and management of that environment.'.CommentsClose CommentsPermalink

SEC. 112. INFORMATION SHARING.

Section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) by redesignating paragraphs (1) through (4) as paragraphs (2) through (5), respectively;CommentsClose CommentsPermalink





(B) by inserting before paragraph (2), as so redesignated, the following:CommentsClose CommentsPermalink





`(1) HOMELAND SECURITY INFORMATION- The term `homeland security information' has the meaning given that term in section 892 of the Homeland Security Act of 2002 (6 U.S.C. 482).';CommentsClose CommentsPermalink





(C) in paragraph (5), as so redesignated--CommentsClose CommentsPermalink





(i) by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and adjusting the margin accordingly;CommentsClose CommentsPermalink





(ii) by striking `terrorism information' means' and inserting the following: `terrorism information'--CommentsClose CommentsPermalink





`(A) means';CommentsClose CommentsPermalink





(iii) in subparagraph (A)(iv), as so redesignated, by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





(iv) by adding at the end the following:CommentsClose CommentsPermalink





`(B) includes homeland security information and weapons of mass destruction information.'; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





`(6) WEAPONS OF MASS DESTRUCTION INFORMATION- The term `weapons of mass destruction information' means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction (including chemical, biological, radiological, and nuclear weapons) that could be used by a terrorist or a terrorist organization against the United States, including information about the location of any stockpile of nuclear materials that could be exploited for use in such a weapon that could be used by a terrorist or a terrorist organization against the United States.';CommentsClose CommentsPermalink





(2) in subsection (b)(2)--CommentsClose CommentsPermalink





(A) in subparagraph (H), by striking `and' at the end;CommentsClose CommentsPermalink





(B) in subparagraph (I), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;CommentsClose CommentsPermalink





`(K) integrates technologies, including all legacy technologies, through Internet-based services;CommentsClose CommentsPermalink





`(L) allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;CommentsClose CommentsPermalink





`(M) permits analysts to collaborate both independently and in a group (commonly known as `collective and noncollective collaboration'), and across multiple levels of national security information and controlled unclassified information;CommentsClose CommentsPermalink





`(N) provides a resolution process that enables changes by authorized officials regarding rules and policies for the access, use, and retention of information within the scope of the information sharing environment; andCommentsClose CommentsPermalink





`(O) incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.';CommentsClose CommentsPermalink





(3) in subsection (f)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) by striking `during the two-year period beginning on the date of designation under this paragraph unless sooner' and inserting `until'; andCommentsClose CommentsPermalink





(ii) by striking `The program manager shall have and exercise governmentwide authority.' and inserting `Except as otherwise expressly provided by law, the program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located.'; andCommentsClose CommentsPermalink





(B) in paragraph (2)(A)--CommentsClose CommentsPermalink





(i) by redesignating clause (iii) as clause (v); andCommentsClose CommentsPermalink





(ii) by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink





`(ii) assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;CommentsClose CommentsPermalink





`(iii) issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;CommentsClose CommentsPermalink





`(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and';CommentsClose CommentsPermalink





(4) in subsection (g)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking `during the two-year period beginning on the date of the initial designation of the program manager by the President under subsection (f)(1), unless sooner' and inserting `until';CommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (F), by striking `and' at the end;CommentsClose CommentsPermalink





(ii) by redesignating subparagraph (G) as subparagraph (I); andCommentsClose CommentsPermalink





(iii) by inserting after subparagraph (F) the following:CommentsClose CommentsPermalink





`(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;CommentsClose CommentsPermalink





`(H) identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and';CommentsClose CommentsPermalink





(C) in paragraph (4), by inserting `(including any subsidiary group of the Information Sharing Council)' before `shall not be subject'; andCommentsClose CommentsPermalink





(D) by adding at the end the following:CommentsClose CommentsPermalink





`(5) DETAILEES- Upon a request by the Director of National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified under paragraph (2)(H).';CommentsClose CommentsPermalink





(5) in subsection (h)(1), by striking `and annually thereafter' and inserting `and not later than June 30 of each year thereafter'; andCommentsClose CommentsPermalink





(6) by striking subsection (j) and inserting the following:CommentsClose CommentsPermalink





`(j) Report on the Information Sharing Environment-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than 180 days after the date of enactment of the Improving America's Security Act of 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives on the feasibility of--CommentsClose CommentsPermalink





`(A) eliminating the use of any marking or process (including `Originator Control') intended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment between and among participants in the information sharing environment, unless the President has--CommentsClose CommentsPermalink





`(i) specifically exempted categories of information from such elimination; andCommentsClose CommentsPermalink





`(ii) reported that exemption to the committees of Congress described in the matter preceding this subparagraph; andCommentsClose CommentsPermalink





`(B) continuing to use Federal agency standards in effect on such date of enactment for the collection, sharing, and access to information within the scope of the information sharing environment relating to citizens and lawful permanent residents;CommentsClose CommentsPermalink





`(C) replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment for a particular purpose that the Federal Government, through an appropriate process, has determined to be lawfully permissible for a particular agency, component, or employee (commonly known as an `authorized use' standard); andCommentsClose CommentsPermalink





`(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, in any cases in which--CommentsClose CommentsPermalink





`(i) the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; andCommentsClose CommentsPermalink





`(ii) such use is consistent with any mission of that department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or exchange of personally identifiable information.CommentsClose CommentsPermalink





`(2) DEFINITION- In this subsection, the term `anonymized data' means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology.CommentsClose CommentsPermalink





`(k) Additional Positions- The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in--CommentsClose CommentsPermalink





`(1) identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv); andCommentsClose CommentsPermalink





`(2) other activities associated with the implementation of the information sharing environment, including--CommentsClose CommentsPermalink





`(A) implementing the requirements under subsection (b)(2); andCommentsClose CommentsPermalink





`(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment.CommentsClose CommentsPermalink





`(l) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink

SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL GOVERNMENT OFFICIALS.

(a) Curriculum- The Secretary, acting through the Chief Intelligence Officer, shall--CommentsClose CommentsPermalink





(1) develop curriculum for the training of State, local, and tribal government officials relating to the handling, review, and development of intelligence material; andCommentsClose CommentsPermalink





(2) ensure that the curriculum includes executive level training.CommentsClose CommentsPermalink





(b) Training- To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created under this section. If such entities do not have the capacity, resources, or capabilities to conduct such training, the Secretary may approve another entity to conduct the training.CommentsClose CommentsPermalink





(c) Consultation- In carrying out the duties described in subsection (a), the Chief Intelligence Officer shall consult with the Director of the Federal Law Enforcement Training Center, the Attorney General, the Director of National Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private industry, institutions of higher education, nonprofit institutions, and other intelligence agencies of the Federal Government.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.CommentsClose CommentsPermalink

SEC. 114. INFORMATION SHARING INCENTIVES.

(a) Awards- In making cash awards under chapter 45 of title 5, United States Code, the President or the head of an agency, in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), may consider the success of an employee in sharing information within the scope of the information sharing environment established under that section in a manner consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of that environment for the implementation and management of that environment.CommentsClose CommentsPermalink





(b) Other Incentives- The head of each department or agency described in section 1016(i) of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall adopt best practices regarding effective ways to educate and motivate officers and employees of the Federal Government to engage in the information sharing environment, including--CommentsClose CommentsPermalink





(1) promotions and other nonmonetary awards; andCommentsClose CommentsPermalink





(2) publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.CommentsClose CommentsPermalink

Subtitle B--Homeland Security Information Sharing Partnerships

SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.

(a) In General- Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.

`(a) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department;CommentsClose CommentsPermalink





`(2) the term `fusion center' means a collaborative effort of 2 or more Federal, State, local, or tribal government agencies that combines resources, expertise, or information with the goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;CommentsClose CommentsPermalink





`(3) the term `information sharing environment' means the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);CommentsClose CommentsPermalink





`(4) the term `intelligence analyst' means an individual who regularly advises, administers, supervises, or performs work in the collection, analysis, evaluation, reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific, or military conditions, trends, or forces in foreign or domestic areas that directly or indirectly affect national security;CommentsClose CommentsPermalink





`(5) the term `intelligence-led policing' means the collection and analysis of information to produce an intelligence end product designed to inform law enforcement decision making at the tactical and strategic levels; andCommentsClose CommentsPermalink





`(6) the term `terrorism information' has the meaning given that term in section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485).CommentsClose CommentsPermalink





`(b) Establishment- The Secretary, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers.CommentsClose CommentsPermalink





`(c) Department Support and Coordination- Through the State, Local, and Regional Fusion Center Initiative, the Secretary shall--CommentsClose CommentsPermalink





`(1) coordinate with the principal officer of each State, local, or regional fusion center and the officer designated as the Homeland Security Advisor of the State;CommentsClose CommentsPermalink





`(2) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;CommentsClose CommentsPermalink





`(3) support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;CommentsClose CommentsPermalink





`(4) conduct exercises, including 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;CommentsClose CommentsPermalink





`(5) coordinate with other relevant Federal entities engaged in homeland security-related activities;CommentsClose CommentsPermalink





`(6) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;CommentsClose CommentsPermalink





`(7) review homeland security information gathered by State, local, and regional fusion centers and incorporate relevant information with homeland security information of the Department;CommentsClose CommentsPermalink





`(8) provide management assistance to State, local, and regional fusion centers;CommentsClose CommentsPermalink





`(9) serve as a point of contact to ensure the dissemination of relevant homeland security information;CommentsClose CommentsPermalink





`(10) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;CommentsClose CommentsPermalink





`(11) provide State, local, and regional fusion centers with expertise on Department resources and operations;`(12) provide training to State, local, and operations;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(13) carry out such other duties as the Secretary determines are appropriate.CommentsClose CommentsPermalink





`(d) Personnel Assignment-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Chief Intelligence Officer may, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to State, local, and regional fusion centers.CommentsClose CommentsPermalink





`(2) PERSONNEL SOURCES- Officers and intelligence analysts assigned to fusion centers under this subsection may be assigned from the following Department components, in consultation with the respective component head:CommentsClose CommentsPermalink





`(A) Office of Intelligence and Analysis, or its successor.CommentsClose CommentsPermalink





`(B) Office of Infrastructure Protection.CommentsClose CommentsPermalink





`(C) Transportation Security Administration.CommentsClose CommentsPermalink





`(D) United States Customs and Border Protection.CommentsClose CommentsPermalink





`(E) United States Immigration and Customs Enforcement.CommentsClose CommentsPermalink





`(F) United States Coast Guard.CommentsClose CommentsPermalink





`(G) Other intelligence components of the Department, as determined by the Secretary.CommentsClose CommentsPermalink





`(3) PARTICIPATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary may develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.CommentsClose CommentsPermalink





`(B) CRITERIA- Any criteria developed under subparagraph (A) may include--CommentsClose CommentsPermalink





`(i) whether the fusion center, through its mission and governance structure, focuses on a broad counterterrorism approach, and whether that broad approach is pervasive through all levels of the organization;CommentsClose CommentsPermalink





`(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;CommentsClose CommentsPermalink





`(iii) whether the fusion center has--CommentsClose CommentsPermalink





`(I) access to relevant law enforcement, emergency response, private sector, open source, and national security data; andCommentsClose CommentsPermalink





`(II) the ability to share and analytically exploit that data for authorized purposes;CommentsClose CommentsPermalink





`(iv) whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; andCommentsClose CommentsPermalink





`(v) the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.CommentsClose CommentsPermalink





`(4) PREREQUISITE-CommentsClose CommentsPermalink





`(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES TRAINING- Before being assigned to a fusion center under this section, an officer or intelligence analyst shall undergo--CommentsClose CommentsPermalink





`(i) appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with--CommentsClose CommentsPermalink





`(I) standard training and education programs offered to Department law enforcement and intelligence personnel; andCommentsClose CommentsPermalink





`(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of Federal Regulations (or any corresponding similar regulation or ruling);CommentsClose CommentsPermalink





`(ii) appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer appointed under section 222 and the Officer for Civil Rights and Civil Liberties of the Department, in partnership with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); andCommentsClose CommentsPermalink





`(iii) such other training prescribed by the Chief Intelligence Officer.CommentsClose CommentsPermalink





`(B) PRIOR WORK EXPERIENCE IN AREA- In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Chief Intelligence Officer shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst--CommentsClose CommentsPermalink





`(i) has been previously assigned in the geographic area; orCommentsClose CommentsPermalink





`(ii) has previously worked with intelligence officials or emergency response providers from that State, locality, or region.CommentsClose CommentsPermalink





`(5) EXPEDITED SECURITY CLEARANCE PROCESSING- The Chief Intelligence Officer--CommentsClose CommentsPermalink





`(A) shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate clearance to contribute effectively to the mission of the fusion center; andCommentsClose CommentsPermalink





`(B) may request that security clearance processing be expedited for each such officer or intelligence analyst.CommentsClose CommentsPermalink





`(6) FURTHER QUALIFICATIONS- Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Chief Intelligence Officer may prescribe.CommentsClose CommentsPermalink





`(e) Responsibilities- An officer or intelligence analyst assigned to a fusion center under this section shall--CommentsClose CommentsPermalink





`(1) assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using Federal homeland security information to develop a comprehensive and accurate threat picture;CommentsClose CommentsPermalink





`(2) review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;CommentsClose CommentsPermalink





`(3) create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department;CommentsClose CommentsPermalink





`(4) assist in the dissemination of such products, under the coordination of the Chief Intelligence Officer, to law enforcement agencies and other emergency response providers of State, local, and tribal government; andCommentsClose CommentsPermalink





`(5) assist in the dissemination of such products to the Chief Intelligence Officer for collection and dissemination to other fusion centers.CommentsClose CommentsPermalink





`(f) Database Access- In order to fulfill the objectives described under subsection (e), each officer or intelligence analyst assigned to a fusion center under this section shall have direct access to all relevant Federal databases and information systems, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment for the implementation and management of that environment.CommentsClose CommentsPermalink





`(g) Consumer Feedback-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall create a mechanism for any State, local, or tribal emergency response provider who is a consumer of the intelligence or other information products described under subsection (e) to voluntarily provide feedback to the Department on the quality and utility of such intelligence products.CommentsClose CommentsPermalink





`(2) RESULTS- The results of the voluntary feedback under paragraph (1) shall be provided electronically to Congress and appropriate personnel of the Department.CommentsClose CommentsPermalink





`(h) Rule of Construction-CommentsClose CommentsPermalink





`(1) IN GENERAL- The authorities granted under this section shall supplement the authorities granted under section 201(d) and nothing in this section shall be construed to abrogate the authorities granted under section 201(d).CommentsClose CommentsPermalink





`(2) PARTICIPATION- Nothing in this section shall be construed to require a State, local, or regional government or entity to accept the assignment of officers or intelligence analysts of the Department into the fusion center of that State, locality, or region.CommentsClose CommentsPermalink





`(i) Guidelines- The Secretary, in consultation with the Attorney General of the United States, shall establish guidelines for fusion centers operated by State and local governments, to include standards that any such fusion center shall--CommentsClose CommentsPermalink





`(1) collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;CommentsClose CommentsPermalink





`(2) create a representative governance structure that includes emergency response providers and, as appropriate, the private sector;CommentsClose CommentsPermalink





`(3) create a collaborative environment for the sharing of information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) among Federal, State, tribal, and local emergency response providersand intelligence among Federal, State, tribal, and local government agencies (including emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment;CommentsClose CommentsPermalink





`(4) leverage the databases, systems, and networks available from public and private sector entities to maximize information sharing;CommentsClose CommentsPermalink





`(5) develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;CommentsClose CommentsPermalink





`(6) ensure appropriate security measures are in place for the facility, data, and personnel;CommentsClose CommentsPermalink





`(7) select and train personnel based on the needs, mission, goals, and functions of that fusion center;CommentsClose CommentsPermalink





and`(8) offer a variety of intelligence services and products to recipients of fusion center intelligence and information; andCommentsClose CommentsPermalink





`(9) incorporate emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process through full time representatives or liaison officers.CommentsClose CommentsPermalink





`(j) Authorization of Appropriations- Except for subsection (i), there are authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section.'.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 205, as added by this Act, the following:CommentsClose CommentsPermalink





`Sec. 206. State, Local, and Regional Information Fusion Center Initiative.'.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) CONCEPT OF OPERATIONS- Not later than 90 days after the date of enactment of this Act and before the State, Local, and Regional Fusion Center Initiative under section 206 of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the `program') has been implemented, the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the program, which shall--CommentsClose CommentsPermalink





(A) include a clear articulation of the purposes, goals, and specific objectives for which the program is being developed;CommentsClose CommentsPermalink





(B) identify stakeholders in the program and provide an assessment of their needs;CommentsClose CommentsPermalink





(C) contain a developed set of quantitative metrics to measure, to the extent possible, program output;CommentsClose CommentsPermalink





(D) contain a developed set of qualitative instruments (including surveys and expert interviews) to assess the extent to which stakeholders believe their needs are being met; andCommentsClose CommentsPermalink





(E) include a privacy and civil liberties impact assessment.CommentsClose CommentsPermalink





(2) PRIVACY AND CIVIL LIBERTIES- Not later than 1 year after the date on which the program is implemented, the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), in consultation with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, shall submit to Congress, the Secretary, and the Chief Intelligence Officer of the Department a report on the privacy and civil liberties impact of the program.CommentsClose CommentsPermalink

SEC. 122. 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.), as amended by this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 207. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

`(a) Establishment-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary, acting through the Chief Intelligence Officer, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of--CommentsClose CommentsPermalink





`(A) detailing State, local, and tribal law enforcement officers and intelligence analysts to the Department in accordance with subchapter VI of chapter 33 of title 5, United States Code, to participate in the work of the Office of Intelligence and Analysis in order to become familiar with--CommentsClose CommentsPermalink





`(i) the relevant missions and capabilities of the Department and other Federal agencies; andCommentsClose CommentsPermalink





`(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; andCommentsClose CommentsPermalink





`(B) promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to--CommentsClose CommentsPermalink





`(i) serve as a point of contact in the Department to assist in the representation of State, local, and tribal homeland security information needs;CommentsClose CommentsPermalink





`(ii) identify homeland security information of interest to State, local, and tribal law enforcement officers, emergency response providers, and intelligence analysts; andCommentsClose CommentsPermalink





`(iii) assist Department analysts in preparing and disseminating terrorism-related products that are tailored to State, local, and tribal emergency response providers, law enforcement officers, and intelligence analysts and designed to prepare for and thwart terrorist attacks.CommentsClose CommentsPermalink





`(2) PROGRAM NAME- The program under this section shall be known as the `Homeland Security Information Sharing Fellows Program'.CommentsClose CommentsPermalink





`(b) Eligibility-CommentsClose CommentsPermalink





`(1) IN GENERAL- In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall--CommentsClose CommentsPermalink





`(A) have homeland security-related responsibilities;CommentsClose CommentsPermalink





`(B) be eligible for an appropriate national security clearance;CommentsClose CommentsPermalink





`(C) possess a valid need for access to classified information, as determined by the Chief Intelligence Officer;CommentsClose CommentsPermalink





`(D) be an employee of an eligible entity; andCommentsClose CommentsPermalink





`(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 Rights and Civil Liberties, in partnership with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note).CommentsClose CommentsPermalink





`(2) ELIGIBLE ENTITIES- In this subsection, the term `eligible entity' means--CommentsClose CommentsPermalink





`(A) a State, local, or regional fusion center;CommentsClose CommentsPermalink





`(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;CommentsClose CommentsPermalink





`(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;CommentsClose CommentsPermalink





`(D) a tribal law enforcement or other authority; orCommentsClose CommentsPermalink





`(E) such other entity as the Secretary determines is appropriate.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(d) Procedures for Nomination and Selection-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Chief Intelligence Officer shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program.CommentsClose CommentsPermalink





`(2) LIMITATIONS- The Chief Intelligence Officer shall--CommentsClose CommentsPermalink





`(A) select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; andCommentsClose CommentsPermalink





`(B) ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.CommentsClose CommentsPermalink





`(e) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `Chief Intelligence Officer' means the Chief Intelligence Officer of the Department; andCommentsClose CommentsPermalink





`(2) the term `Office of Intelligence and Analysis' means the office of the Chief Intelligence Officer.'.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 206, as added by this Act, the following:CommentsClose CommentsPermalink





`Sec. 207. Homeland Security Information Sharing Fellows Program.'.CommentsClose CommentsPermalink





(c) Reports-CommentsClose CommentsPermalink





(1) CONCEPT OF OPERATIONS- Not later than 90 days after the date of enactment of this Act, and before the implementation of the Homeland Security Information Sharing Fellows Program under section 207 of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the `Program') the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the Program, which shall include a privacy and civil liberties impact assessment.CommentsClose CommentsPermalink





(2) REVIEW OF PRIVACY IMPACT- Not later than 1 year after the date on which the Program is implemented, the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 601 note), in consultation with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, shall submit to Congress, the Secretary, and the Chief Intelligence Officer of the Department a report on the privacy and civil liberties impact of the Program.CommentsClose CommentsPermalink

Subtitle C--Interagency Threat Assessment and Coordination Group

SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.

(a) In General- As part of efforts to establish the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the program manager shall oversee and coordinate the creation and ongoing operation of an Interagency Threat Assessment and Coordination Group (in this section referred to as the `ITACG').CommentsClose CommentsPermalink





(b) Responsibilities- The ITACG shall facilitate the production of federally coordinated products derived from information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and intended for distribution to State, local, and tribal government officials and the private sector.CommentsClose CommentsPermalink





(c) Operations-CommentsClose CommentsPermalink





(1) IN GENERAL- The ITACG shall be located at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.CommentsClose CommentsPermalink





(2) MANAGEMENT-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall assign a senior level officer to manage and direct the administration of the ITACG.CommentsClose CommentsPermalink





(B) DISTRIBUTION- The Secretary, in consultation with the Attorney General and the heads of other agencies, as appropriate, shall determine how specific products shall be distributed to State, local, and tribal officials and private sector partners under this section.CommentsClose CommentsPermalink





(C) STANDARDS FOR ADMISSION- The Secretary, acting through the Chief Intelligence Officer and in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall establish standards for the admission of law enforcement and intelligence officials from a State, local, or tribal government into the ITACG.CommentsClose CommentsPermalink





(d) Membership-CommentsClose CommentsPermalink





(1) IN GENERAL- The ITACG shall include representatives of--CommentsClose CommentsPermalink





(A) the Department;CommentsClose CommentsPermalink





(B) the Federal Bureau of Investigation;CommentsClose CommentsPermalink





(C) the Department of Defense;CommentsClose CommentsPermalink





(D) the Department of Energy;CommentsClose CommentsPermalink





(E) law enforcement and intelligence officials from State, local, and tribal governments, as appropriate; andCommentsClose CommentsPermalink





(F) other Federal entities as appropriate.CommentsClose CommentsPermalink





(2) CRITERIA- The program manager for the information sharing environment, in consultation with the Secretary of Defense, the Secretary, the Director of National Intelligence, and the Director of the Federal Bureau of Investigation shall develop qualifying criteria and establish procedures for selecting personnel assigned to the ITACG and for the proper handling and safeguarding of information related to terrorism.CommentsClose CommentsPermalink





(e) Inapplicability of the Federal Advisory Committee Act- The ITACG and any subsidiary groups thereof shall not be subject to the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).CommentsClose CommentsPermalink

TITLE II--HOMELAND SECURITY GRANTS

SEC. 201. SHORT TITLE.

This title may be cited as the `Homeland Security Grant Enhancement Act of 2007'.CommentsClose CommentsPermalink

SEC. 202. HOMELAND SECURITY GRANT PROGRAM.

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`TITLE XX--HOMELAND SECURITY GRANTS

`SEC. 2001. DEFINITIONS.

`In this title, the following definitions shall apply:CommentsClose CommentsPermalink





`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Federal Emergency Management Agency.CommentsClose CommentsPermalink





`(2) COMBINED STATISTICAL AREA- The term `combined statistical area' means a combined statistical area, as defined by the Office of Management and Budget.CommentsClose CommentsPermalink





`(3) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means--CommentsClose CommentsPermalink





`(A) any Indian tribe that--CommentsClose CommentsPermalink





`(i) is located in the continental United States;CommentsClose CommentsPermalink





`(ii) operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services;CommentsClose CommentsPermalink





`(iii) is located--CommentsClose CommentsPermalink





`(I) on, or within 50 miles of, an international border or a coastline bordering an ocean or international waters;CommentsClose CommentsPermalink





`(II) within 10 miles of critical infrastructure or has critical infrastructure within its territory; orCommentsClose CommentsPermalink





`(III) within or contiguous to 1 of the 50 largest metropolitan statistical areas in the United States; andCommentsClose CommentsPermalink





`(iv) certifies to the Secretary that a State is not making funds distributed under this title available to the Indian tribe or consortium of Indian tribes for the purpose for which the Indian tribe or consortium of Indian tribes is seeking grant funds; andCommentsClose CommentsPermalink





`(B) a consortium of Indian tribes, if each tribe satisfies the requirements of subparagraph (A).CommentsClose CommentsPermalink





`(4) ELIGIBLE METROPOLITAN AREA- The term `eligible metropolitan area' means the following:CommentsClose CommentsPermalink





`(A) IN GENERAL- A combination of 2 or more incorporated municipalities, counties, parishes, or Indian tribes that--CommentsClose CommentsPermalink





`(i) is within--CommentsClose CommentsPermalink





`(I) any of the 100 largest metropolitan statistical areas in the United States; orCommentsClose CommentsPermalink





`(II) any combined statistical area, of which any metropolitan statistical area described in subparagraph (A) is a part; andCommentsClose CommentsPermalink





`(ii) includes the city with the largest population in that metropolitan statistical area.CommentsClose CommentsPermalink





`(B) OTHER COMBINATIONS- Any other combination of contiguous local or tribal governments that are formally certified by the Administrator as an eligible metropolitan area for purposes of this title with the consent of the State or States in which such local or tribal governments are located.CommentsClose CommentsPermalink





`(C) INCLUSION OF ADDITIONAL LOCAL GOVERNMENTS- An eligible metropolitan area may include additional local or tribal governments outside the relevant metropolitan statistical area or combined statistical area that are likely to be affected by, or be called upon to respond to, a terrorist attack within the metropolitan statistical area.CommentsClose CommentsPermalink





`(5) INDIAN TRIBE- The term `Indian tribe' has the meaning given that term in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e)).CommentsClose CommentsPermalink





`(6) METROPOLITAN STATISTICAL AREA- The term `metropolitan statistical area' means a metropolitan statistical area, as defined by the Office of Management and Budget.CommentsClose CommentsPermalink





`(7) NATIONAL SPECIAL SECURITY EVENT- The term `National Special Security Event' means a designated event that, by virtue of its political, economic, social, or religious significance, may be the target of terrorism or other criminal activity.CommentsClose CommentsPermalink





`(8) POPULATION- The term `population' means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.CommentsClose CommentsPermalink





`(9) POPULATION DENSITY- The term `population density' means population divided by land area in square miles.CommentsClose CommentsPermalink





`(10) TARGET CAPABILITIES- The term `target capabilities' means the target capabilities for Federal, State, local, and tribal government preparedness for which guidelines are required to be established under section 646(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 746(a)).CommentsClose CommentsPermalink





`(11) TRIBAL GOVERNMENT- The term `tribal government' means the government of an Indian tribe.CommentsClose CommentsPermalink

`SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.

`(a) Establishment- There is established a Homeland Security Grant Program, which shall consist of--`(1) the Urban Area Security Initiative established under section 2003, or any successor thereto;`(2) the State Homeland Security Grant Program established under section 2004, or any successor thereto;`(3) the Emergency Management Performance Grant Program established under section 2005 or any successor thereto; and`(4) the Emergency Communications and Interoperability Grants Program established under section 1809, or any successor thereto.`(b) Grants Authorized- The Secretary, through the Administrator, may award grants to State, local, and tribal governments under the Homeland Security Grant Program for the purposes of this title.`(c) for the purposes of this title.CommentsClose CommentsPermalink





`(b) Programs Not Affected- This title shall not be construed to affect any authority to award grants under any of the following Federal programs:CommentsClose CommentsPermalink





`(1) The firefighter assistance programs authorized under section 33 and 34 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2229 and 2229a).CommentsClose CommentsPermalink





`(2) Except as provided in subsection (d), all grant programsThe Urban Search and Rescue Grant Program authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), including the Urban Search and Rescue Grant Program.`(3) Grants to protect critical .CommentsClose CommentsPermalink





`(3) Grants to protect critical infrastructure, including port security grants authorized under section 70107 of title 46, United States Code, and the grants authorized in title XIV and XV of the Improving America's Security Act of 2007.CommentsClose CommentsPermalink





`(4) The Metropolitan Medical Response System authorized under section 635 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 723).CommentsClose CommentsPermalink





`(5) Grant programs other than those administered by the Department.CommentsClose CommentsPermalink





`(dc) Relationship to Other Laws-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Homeland Security Grant Program shall supercede--`(A) all grant grant programs authorized under section this title shall supercede all grant programs authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714); and`(B) the Emergency Management Performance Grant authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) and section .CommentsClose CommentsPermalink





`(2) PROGRAM INTEGRITY- Each grant program under this title, section 1809 of this Act, or section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762).`(2) PROGRAM INTEGRITY- Each grant program described under paragraphs (1) through (4) of subsection (a3) shall include, consistent with the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), policies and procedures for--CommentsClose CommentsPermalink





`(A) identifying activities funded under the Homeland Security Grant Pany such grant program that are susceptible to significant improper payments; andCommentsClose CommentsPermalink





`(B) reporting the incidence of improper payments to the Department.CommentsClose CommentsPermalink





`(3) ALLOCATION- Except as provided under paragraph (2) of this subsection, the allocation of grants authorized under this title shall be governed by the terms of this title and not by any other provision of law.CommentsClose CommentsPermalink





`(ed) Minimum Performance Requirements-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall--CommentsClose CommentsPermalink





`(A) establish minimum performance requirements for entities that receive homeland security grants;CommentsClose CommentsPermalink





`(B) conduct, in coordination with State, regional, local, and tribal governments receiving grants under the Homeland Security Grant Programis title, section 1809 of this Act, or section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763), simulations and exercises to test the minimum performance requirements established under subparagraph (A) for--CommentsClose CommentsPermalink





`(i) emergencies (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) and major disasters not less than twice each year; andCommentsClose CommentsPermalink





`(ii) catastrophic incidents (as that term is defined in section 501) not less than once each year; andCommentsClose CommentsPermalink





`(C) ensure that entities that the Administrator determines are failing to demonstrate minimum performance requirements established under subparagraph (A) shall remedy the areas of failure, not later than the end of the second full fiscal year after the date of such determination by--CommentsClose CommentsPermalink





`(i) establishing a plan for the achievement of the minimum performance requirements under subparagraph (A), including--CommentsClose CommentsPermalink





`(I) developing intermediate indicators for the 2 fiscal years following the date of such determination; andCommentsClose CommentsPermalink





`(II) conducting additional simulations and exercises; andCommentsClose CommentsPermalink





`(ii) revising an entity's homeland security plan, if necessary, to achieve the minimum performance requirements under subparagraph (A).CommentsClose CommentsPermalink





`(2) WAIVER- At the discretion of the Administrator, the occurrence of an actual emergency, major disaster, or catastrophic incident in an area may be deemed as a simulation under paragraph (1)(B).CommentsClose CommentsPermalink





`(3) REPORT TO CONGRESS- Not later than the end of the first full fiscal year after the date of enactment of the Improving America's Security Act of 2007, and each fiscal year thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and to the Committee on Homeland Security of the House of Representatives a report describing--CommentsClose CommentsPermalink





`(A) the performance of grantees under paragraph (1)(A);CommentsClose CommentsPermalink





`(B) lessons learned through the simulations and exercises under paragraph (1)(B); andCommentsClose CommentsPermalink





`(C) efforts being made to remedy failed performance under paragraph (1)(C).CommentsClose CommentsPermalink

`SEC. 2003. URBAN AREA SECURITY INITIATIVE.

`(a) Establishment- There is established an Urban Area Security Initiative to provide grants to assist high-risk metropolitan areas in preventing, preparing for, protecting against, responding to, and recovering from acts of terrorism.CommentsClose CommentsPermalink





`(b) Application-CommentsClose CommentsPermalink





`(1) IN GENERAL- An eligible metropolitan area may apply for grants under this section.CommentsClose CommentsPermalink





`(2) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.CommentsClose CommentsPermalink





`(3) INFORMATION- In an application for a grant under this section, an eligible metropolitan area shall submit--CommentsClose CommentsPermalink





`(A) a plan describing the proposed division of responsibilities and distribution of funding among the local and tribal governments in the eligible metropolitan area;CommentsClose CommentsPermalink





`(B) the name of an individual to serve as a metropolitan area liaison with the Department and among the various jurisdictions in the metropolitan area; andCommentsClose CommentsPermalink





`(C) such information in support of the application as the Administrator may reasonably require.CommentsClose CommentsPermalink





`(c) State Review and Transmission-CommentsClose CommentsPermalink





`(1) IN GENERAL- To ensure consistency with State homeland security plans, an eligible metropolitan area applying for a grant under this section shall submit its application to each State within which any part of the eligible metropolitan area is located for review before submission of such application to the Department.CommentsClose CommentsPermalink





`(2) DEADLINE- Not later than 30 days after receiving an application from an eligible metropolitan area under paragraph (1), each such State shall transmit the application to the Department.CommentsClose CommentsPermalink





`(3) STATE DISAGREEMENT- If the Governor of any such State determines that an application of an eligible metropolitan area is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall--CommentsClose CommentsPermalink





`(A) notify the Administrator, in writing, of that fact; andCommentsClose CommentsPermalink





`(B) provide an explanation of the reason for not supporting the application at the time of transmission of the application.CommentsClose CommentsPermalink





`(d) Prioritization- In allocating funds among metropolitan areas applying for grants under this section, the Administrator shall consider--CommentsClose CommentsPermalink





`(1) the relative threat, vulnerability, and consequences faced by the eligible metropolitan area from a terrorist attack, including consideration of--CommentsClose CommentsPermalink





`(A) the population of the eligible metropolitan area, including appropriate consideration of military, tourist, and commuter populations;CommentsClose CommentsPermalink





`(B) the population density of the eligible metropolitan area;CommentsClose CommentsPermalink





`(C) the history of threats faced by the eligible metropolitan area, including--CommentsClose CommentsPermalink





`(i) whether there has been a prior terrorist attack in the eligible metropolitan area; andCommentsClose CommentsPermalink





`(ii) whether any part of the eligible metropolitan area, or any critical infrastructure or key resource within the eligible metropolitan area, has ever experienced a higher threat level under the Homeland Security Advisory System than other parts of the United States;CommentsClose CommentsPermalink





`(D) the degree of threat, vulnerability, and consequences to the eligible metropolitan area related to critical infrastructure or key resources identified by the Secretary or the State homeland security plan, including threats, vulnerabilities, and consequences from critical infrastructure in nearby jurisdictions;CommentsClose CommentsPermalink





`(E) whether the eligible metropolitan area is located at or near an international border;CommentsClose CommentsPermalink





`(F) whether the eligible metropolitan area has a coastline bordering ocean or international waters;CommentsClose CommentsPermalink





`(G) threats, vulnerabilities, and consequences faced by the eligible metropolitan area related to at-risk sites or activities in nearby jurisdictions, including the need to respond to terrorist attacks arising in those jurisdictions;CommentsClose CommentsPermalink





`(H) the most current threat assessments available to the Department;CommentsClose CommentsPermalink





`(I) the extent to which the eligible metropolitan area has unmet target capabilities;CommentsClose CommentsPermalink





`(J) the extent to which the eligible metropolitan area includes--CommentsClose CommentsPermalink





`(i) all incorporated municipalities, counties, parishes, and Indian tribes within the relevant metropolitan statistical area or combined statistical area the inclusion of which will enhance regional efforts to prevent, prepare for, protect against, respond to, and recover from acts of terrorism; andCommentsClose CommentsPermalink





`(ii) other local governments and tribes that are likely to be called upon to respond to a terrorist attack within the eligible metropolitan area; andCommentsClose CommentsPermalink





`(K) such other factors as are specified in writing by the Administrator; andCommentsClose CommentsPermalink





`(2) the anticipated effectiveness of the proposed spending plan for the eligible metropolitan area in increasing the ability of that eligible metropolitan area to prevent, prepare for, protect against, respond to, and recover from terrorism, to meet its target capabilities, and to otherwise reduce the overall risk to the metropolitan area, the State, and the Nation.CommentsClose CommentsPermalink





`(e) Opportunity Tto Amend- In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.CommentsClose CommentsPermalink





`(f) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan and relevant local and regional homeland security plans, through--CommentsClose CommentsPermalink





`(1) developing and enhancing State, local, or regional plans, risk assessments, or mutual aid agreements;CommentsClose CommentsPermalink





`(2) purchasing, upgrading, storing, or maintaining equipment;CommentsClose CommentsPermalink





`(3) designing, conducting, and evaluating training and exercises, including exercises of mass evacuation plans under section 512 and including the payment of overtime and backfill costs in support of such activities;CommentsClose CommentsPermalink





`(4) responding to an increase in the threat level under the Homeland Security Advisory System, or to the needs resulting from a National Special Security Event, including payment of overtime and backfill costs;CommentsClose CommentsPermalink





`(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);CommentsClose CommentsPermalink





`(6) protecting critical infrastructure and key resources identified in the Critical Infrastructure List established under section 10101 of the Improving America's Security Act of 2007, including the payment of appropriate personnel costs;CommentsClose CommentsPermalink





`(7) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Urban Area Security Initiative or the Law Enforcement Terrorism Prevention Grant Program, including activities permitted under the full-time counterterrorism staffing pilot; andCommentsClose CommentsPermalink





`(8) any other activity relating to achieving target capabilities approved by the Administrator.CommentsClose CommentsPermalink





`(g) Distribution of Awards to Metropolitan Areas-CommentsClose CommentsPermalink





`(1) IN GENERAL- If the Administrator approves the application of an eligible metropolitan area for a grant under this section, the Administrator shall distribute the grant funds to the State or States in which the eligible metropolitan area is located.CommentsClose CommentsPermalink





`(2) STATE DISTRIBUTION OF FUNDS-CommentsClose CommentsPermalink





`(A) IN GENERAL- Each State shall provide the eligible metropolitan area not less than 80 percent of the grant funds. Any funds retained by a State shall be expended on items or services approved by the Administrator that benefit the eligible metropolitan area.CommentsClose CommentsPermalink





`(B) FUNDS RETAINED- A State shall provide each relevant eligible metropolitan area with an accounting of the items or services on which any funds retained by the State under subparagraph (A) were expended.CommentsClose CommentsPermalink





`(3) MULTISTATE REGIONS- If parts of an eligible metropolitan area awarded a grant are located in 2 or more States, the Secretary shall distribute to each such State--CommentsClose CommentsPermalink





`(A) a portion of the grant funds in accordance with the proposed distribution set forth in the application; orCommentsClose CommentsPermalink





`(B) if no agreement on distribution has been reached, a portion of the grant funds in proportion to each State's share of the population of the eligible metropolitan area.CommentsClose CommentsPermalink





`(h) Authorization of Appropriations- There are authorized to be appropriated for grants under this section--CommentsClose CommentsPermalink





`(1) for fiscal year 2007, such sums as are necessary;CommentsClose CommentsPermalink





`(2) for each of fiscal years 2008, 2009, and 2010, $1,278,639,000; andCommentsClose CommentsPermalink





`(3) for fiscal year 2011, and each fiscal year thereafter, such sums as are necessary.CommentsClose CommentsPermalink

`SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

`(a) Establishment- There is established a State Homeland Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, responding to, and recovering from acts of terrorism.CommentsClose CommentsPermalink





`(b) Application-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each State may apply for a grant under this section, and shall submit such information in support of the application as the Administrator may reasonably require.CommentsClose CommentsPermalink





`(2) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.CommentsClose CommentsPermalink





`(c) Prioritization- In allocating funds among States applying for grants under this section, the Administrator shall consider--CommentsClose CommentsPermalink





`(1) the relative threat, vulnerability, and consequences faced by a State from a terrorist attack, including consideration of--CommentsClose CommentsPermalink





`(A) the size of the population of the State, including appropriate consideration of military, tourist, and commuter populations;CommentsClose CommentsPermalink





`(B) the population density of the State;CommentsClose CommentsPermalink





`(C) the history of threats faced by the State, including--CommentsClose CommentsPermalink





`(i) whether there has been a prior terrorist attack in an urban area that is wholly or partly in the State, or in the State itself; andCommentsClose CommentsPermalink





`(ii) whether any part of the State, or any critical infrastructure or key resource within the State, has ever experienced a higher threat level under the Homeland Security Advisory System than other parts of the United States;CommentsClose CommentsPermalink





`(D) the degree of threat, vulnerability, and consequences related to critical infrastructure or key resources identified by the Secretary or the State homeland security plan;CommentsClose CommentsPermalink





`(E) whether the State has an international border;CommentsClose CommentsPermalink





`(F) whether the State has a coastline bordering ocean or international waters;CommentsClose CommentsPermalink





`(G) threats, vulnerabilities, and consequences faced by a State related to at-risk sites or activities in adjacent States, including the State's need to respond to terrorist attacks arising in adjacent States;CommentsClose CommentsPermalink





`(H) the most current threat assessments available to the Department;CommentsClose CommentsPermalink





`(I) the extent to which the State has unmet target capabilities; andCommentsClose CommentsPermalink





`(J) such other factors as are specified in writing by the Administrator;CommentsClose CommentsPermalink





`(2) the anticipated effectiveness of the proposed spending plan of the State in increasing the ability of the State to--CommentsClose CommentsPermalink





`(A) prevent, prepare for, protect against, respond to, and recover from terrorism;CommentsClose CommentsPermalink





`(B) meet the target capabilities of the State; andCommentsClose CommentsPermalink





`(C) otherwise reduce the overall risk to the State and the Nation; andCommentsClose CommentsPermalink





`(3) the need to balance the goal of ensuring the target capabilities of the highest risk areas are achieved quickly and the goal of ensuring that basic levels of preparedness, as measured by the attainment of target capabilities, are achieved nationwide.CommentsClose CommentsPermalink





`(d) Minimum Allocation- In allocating funds under subsection (c), the Administrator shall ensure that, for each fiscal year--CommentsClose CommentsPermalink





`(1) except as provided for in paragraph (2), no State receives less than an amount equal to 0.45 percent of the total funds appropriated for the State Homeland Security Grant Program; andCommentsClose CommentsPermalink





`(2) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive not less than 0.08 percent of the amounts appropriated for the State Homeland Security Grant Program.CommentsClose CommentsPermalink





`(e) Multistate Partnerships-CommentsClose CommentsPermalink





`(1) IN GENERAL- Instead of, or in addition to, any application for funds under subsection (b), 2 or more States may submit an application under this paragraph for multistate efforts to prevent, prepare for, protect against, respond to, or recover from acts of terrorism.CommentsClose CommentsPermalink





`(2) GRANTEES- Multistate grants may be awarded to either--CommentsClose CommentsPermalink





`(A) an individual State acting on behalf of a consortium or partnership of States with the consent of all member States; orCommentsClose CommentsPermalink





`(B) a group of States applying as a consortium or partnership.CommentsClose CommentsPermalink





`(3) ADMINISTRATION OF GRANT- If a group of States apply as a consortium or partnership such States shall submit to the Secretary at the time of application a plan describing--CommentsClose CommentsPermalink





`(A) the division of responsibilities for administering the grant; andCommentsClose CommentsPermalink





`(B) the distribution of funding among the various States and entities that are party to the application.CommentsClose CommentsPermalink





`(f) Funding for Local and Tribal Governments-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall require that, not later than 60 days after receiving grant funding, any State receiving a grant under this section shall make available to local and tribal governments and emergency response providers, consistent with the applicable State homeland security plan--CommentsClose CommentsPermalink





`(A) not less than 80 percent of the grant funds;CommentsClose CommentsPermalink





`(B) with the consent of local and tribal governments, the resources purchased with such grant funds having a value equal to not less than 80 percent of the amount of the grant; orCommentsClose CommentsPermalink





`(C) grant funds combined with resources purchased with the grant funds having a value equal to not less than 80 percent of the amount of the grant.CommentsClose CommentsPermalink





`(2) EXTENSION OF PERIOD- The Governor of a State may request in writing that the Administrator extend the period under paragraph (1) for an additional period of time. The Administrator may approve such a request, and may extend such period for an additional period, if the Administrator determines that the resulting delay in providing grant funding to the local and tribal governments and emergency response providers is necessary to promote effective investments to prevent, prepare for, protect against, respond to, and recover from terrorism, or to meet the target capabilities of the State.CommentsClose CommentsPermalink





`(3) INDIAN TRIBES- States shall be responsible for allocating grant funds received under this section to tribal governments in order to help those tribal communities achieve target capabilities. Indian tribes shall be eligible for funding directly from the States, and shall not be required to seek funding from any local government.CommentsClose CommentsPermalink





`(4) EXCEPTION- Paragraph (1) shall not apply to the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, or the Virgin Islands.CommentsClose CommentsPermalink





`(g) Grants to Directly Eligible Tribes-CommentsClose CommentsPermalink





`(1) IN GENERAL- Notwithstanding subsection (b), the Secretary may award grants to directly eligible tribes under this section.CommentsClose CommentsPermalink





`(2) TRIBAL APPLICATIONS- A directly eligible tribe may apply for a grant under this section by submitting an application to the Administrator that includes the information required for an application by a State under subsection (b).CommentsClose CommentsPermalink





`(3) STATE REVIEW-CommentsClose CommentsPermalink





`(A) IN GENERAL- To ensure consistency with State homeland security plans, a directly eligible tribe applying for a grant under this section shall submit its application to each State within which any part of the tribe is located for review before submission of such application to the Department.CommentsClose CommentsPermalink





`(B) DEADLINE- Not later than 30 days after receiving an application from a directly eligible tribe under subparagraph (A), each such State shall transmit the application to the Department.CommentsClose CommentsPermalink





`(C) STATE DISAGREEMENT- If the Governor of any such State determines that the application of a directly eligible tribe is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall--CommentsClose CommentsPermalink





`(i) notify the Administrator, in writing, of that fact; andCommentsClose CommentsPermalink





`(ii) provide an explanation of the reason for not supporting the application at the time of transmission of the application.CommentsClose CommentsPermalink





`(4) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES- If the Administrator awards funds to a directly eligible tribe under this section, the Administrator shall distribute the grant funds directly to the directly eligible tribe. The funds shall not be distributed to the State or States in which the directly eligible tribe is located.CommentsClose CommentsPermalink





`(5) TRIBAL LIAISON- A directly eligible tribe applying for a grant under this section shall designate a specific individual to serve as the tribal liaison who shall--CommentsClose CommentsPermalink





`(A) coordinate with Federal, State, local, regional, and private officials concerning terrorism preparedness;CommentsClose CommentsPermalink





`(B) develop a process for receiving input from Federal, State, local, regional, and private officials to assist in the development of the application of such tribe and to improve the access of such tribe to grants; andCommentsClose CommentsPermalink





`(C) administer, in consultation with State, local, regional, and private officials, grants awarded to such tribe.CommentsClose CommentsPermalink





`(6) TRIBES RECEIVING DIRECT GRANTS- A directly eligible tribe that receives a grant directly under this section is eligible to receive funds for other purposes under a grant from the State or States within the boundaries of which any part of such tribe is located, consistent with the homeland security plan of the State.CommentsClose CommentsPermalink





`(7) RULE OF CONSTRUCTION- Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this section.CommentsClose CommentsPermalink





`(h) Opportunity To Amend- In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.CommentsClose CommentsPermalink





`(i) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan, through--CommentsClose CommentsPermalink





`(1) developing and enhancing State, local, tribal, or regional plans, risk assessments, or mutual aid agreements;CommentsClose CommentsPermalink





`(2) purchasing, upgrading, storing, or maintaining equipment;CommentsClose CommentsPermalink





`(3) designing, conducting, and evaluating training and exercises, including exercises of mass evacuation plans under section 512 and including the payment of overtime and backfill costs in support of such activities;CommentsClose CommentsPermalink





`(4) responding to an increase in the threat level under the Homeland Security Advisory System, including payment of overtime and backfill costs;CommentsClose CommentsPermalink





`(5) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers, that comply with the guidelines established under section 206(i);CommentsClose CommentsPermalink





`(6) protecting critical infrastructure and key resources identified in the Critical Infrastructure List established under section 10101 of the Improving America's Security Act of 2007, including the payment of appropriate personnel costs;CommentsClose CommentsPermalink





`(7) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the State Homeland Security Grant Program or the Law Enforcement Terrorism Prevention Grant Program, including activities permitted under the full-time counterterrorism staffing pilot; andCommentsClose CommentsPermalink





`(8) any other activity relating to achieving target capabilities approved by the Administrator.CommentsClose CommentsPermalink





`(j) Authorization of Appropriations- There are authorized to be appropriated for grants under this section--CommentsClose CommentsPermalink





`(1) for fiscal year 2007, such sums as are necessary;CommentsClose CommentsPermalink





`(2) for each of fiscal years 2008, 2009, and 2010, $913,180,500; andCommentsClose CommentsPermalink





`(3) for fiscal year 2011, and each fiscal year thereafter, such sums as are necessary.CommentsClose CommentsPermalink

`SEC. 2005. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.`(a) Establishment- There is established an Emergency Management Performance Grants Program to make grants to States to assist State, local, and tribal governments in preventing, preparing for, protecting against, responding to, recovering from, and mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.`(b) Application-`(1) IN GENERAL- Each State may apply for a grant under this section, and shall submit such information in support of an application as the Administrator may reasonably require.`(2) ANNUAL APPLICATIONS- Applicants for grants under this section shall apply or reapply on an annual basis for grants distributed under the program.`(c) Allocation- Funds available under the Emergency Management Performance Grants Program shall be allocated as follows:`(1) BASELINE AMOUNT-`(A) IN GENERAL- Except as provided in subparagraph (B), each State shall receive an amount equal to 0.75 percent of the total funds appropriated for grants under this section.`(B) TERRITORIES- American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each shall receive an amount equal to 0.25 percent of the amounts appropriated for grants under this section.`(2) PER CAPITA ALLOCATION- The funds remaining for grants under this section after allocation of the baseline amounts under paragraph (1) shall be allocated to each State in proportion to its population.`(d) Allowable Uses- Grants awarded under this section may be used to achieve target capabilities, consistent with a State homeland security plan or a catastrophic incident annex developed under section 613 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196b) through--`(1) any activity permitted under the Fiscal Year 2007 Program Guidance of the Department for Emergency Management Performance Grants; and`(2) any other activity approved by the Administrator that will improve the capability of a State, local, or tribal government in preventing, preparing for, protecting against, responding to, recovering from, or mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.`(e) Cost Sharing-`(1) IN GENERAL- The Federal share of the costs of an activity carried out with a grant under this section shall not exceed 75 percent.`(2) IN-KIND MATCHING- Each recipient of a grant under this section may meet the matching requirement under paragraph (1) by making in-kind contributions of goods or services that are directly linked with the purpose for which the grant is made.`(f) Local and Tribal Governments-`(1) IN GENERAL- In allocating grant funds received under this section, a State shall take into account the needs of local and tribal governments.`(2) INDIAN TRIBES- States shall be responsible for allocating grant funds received under this section to tribal governments in order to help those tribal communities improve their capabilities in preventing, preparing for, protecting against, responding to, recovering from, or mitigating against all hazards, including natural disasters, acts of terrorism, and other man-made disasters. Indian tribes shall be eligible for funding directly from the States, and shall not be required to seek funding from any local government.`SEC. 2006. TERRORISM PREVENTION.

`(a) Law Enforcement Terrorism Prevention Program-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall designate not less than 25 percent of the combined amount appropriated for grants under sections 2003 and 2004 to be used for law enforcement terrorism prevention activities.CommentsClose CommentsPermalink





`(2) USE OF FUNDS- Grants awarded under this subsection may be used for--CommentsClose CommentsPermalink





`(A) information sharing to preempt terrorist attacks;CommentsClose CommentsPermalink





`(B) target hardening to reduce the vulnerability of selected high value targets;CommentsClose CommentsPermalink





`(C) threat recognition to recognize the potential or development of a threat;CommentsClose CommentsPermalink





`(D) intervention activities to interdict terrorists before they can execute a threat;CommentsClose CommentsPermalink





`(E) overtime expenses related to a State homeland security plan, including overtime costs associated with providing enhanced law enforcement operations in support of Federal agencies for increased border security and border crossing enforcement;CommentsClose CommentsPermalink





`(F) establishing, enhancing, and staffing with appropriately qualified personnel State and local fusion centers that comply with the guidelines established under section 206(i);CommentsClose CommentsPermalink





`(G) any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; andCommentsClose CommentsPermalink





`(H) any other terrorism prevention activity authorized by the Administrator.CommentsClose CommentsPermalink





`(b) Office for the Prevention of Terrorism-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- There is established in the Department an Office for the Prevention of Terrorism, which shall be headed by a Director.CommentsClose CommentsPermalink





`(2) DIRECTOR-CommentsClose CommentsPermalink





`(A) REPORTING- The Director of the Office for the Prevention of Terrorism shall report directly to the Secretary.CommentsClose CommentsPermalink





`(B) QUALIFICATIONS- The Director of the Office for the Prevention of Terrorism shall have an appropriate background with experience in law enforcement, intelligence, orand other antiterrorist functions.CommentsClose CommentsPermalink





`(3) ASSIGNMENT OF PERSONNEL-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall assign to the Office for the Prevention of Terrorism permanent staff and other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this section.CommentsClose CommentsPermalink





`(B) LIAISONS- The Secretary shall designate senior employees from each component of the Department that has significant antiterrorism responsibilities to act as liaisons between that component and the Office for the Prevention of Terrorism.CommentsClose CommentsPermalink





`(4) RESPONSIBILITIES- The Director of the Office for the Prevention of Terrorism shall--CommentsClose CommentsPermalink





`(A) coordinate policy and operations between the Department and State, local, and tribal government agencies relating to preventing acts of terrorism within the United States;CommentsClose CommentsPermalink





`(B) serve as a liaison between State, local, and tribal law enforcement agencies and the Department;CommentsClose CommentsPermalink





`(C) in coordination with the Office of Intelligence and Analysis, develop better methods for the sharing of intelligence with State, local, and tribal law enforcement agencies;CommentsClose CommentsPermalink





`(D) work with the Administrator to ensure that homeland security grants to State, local, and tribal government agencies, including grants under this title, the Commercial Equipment Direct Assistance Program, and grants to support fusion centers and other law enforcement-oriented programs are adequately focused on terrorism prevention activities, including through review of budget requests for those programs; andCommentsClose CommentsPermalink





`(E) coordinate with the Federal Emergency Management Agency, the Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers.CommentsClose CommentsPermalink





`(5) PILOT PROJECT-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Director of the Office for the Prevention of Terrorism, in coordination with the Administrator, shall establish a pilot project to determine the efficacy and feasibility of establishing law enforcement deployment teams.CommentsClose CommentsPermalink





`(B) FUNCTION- The law enforcement deployment teams participating in the pilot program under this paragraph shall form the basis of a national network of standardized law enforcement resources to assist State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(6) CONSTRUCTION- Nothing in this section may be construed to affect the roles or responsibilities of the Department of Justice.CommentsClose CommentsPermalink

`SEC. 20076. RESTRICTIONS ON USE OF FUNDS.

`(a) Limitations on Use-CommentsClose CommentsPermalink





`(1) CONSTRUCTION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Grants awarded under this title may not be used to acquire land or to construct buildings or other physical facilities.CommentsClose CommentsPermalink





`(B) EXCEPTIONS-CommentsClose CommentsPermalink





`(i) IN GENERAL- Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of grants awarded under this title to achieve target capabilities through--CommentsClose CommentsPermalink





`(I) the construction of facilities described in section 611 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196); orCommentsClose CommentsPermalink





`(II) the alteration or remodeling of existing buildings for the purpose of making such buildings secure against terrorist attacks or able to withstand or protect against chemical, radiological, or biological attacks.CommentsClose CommentsPermalink





`(ii) REQUIREMENTS FOR EXCEPTION- No grant awards may be used for the purposes under clause (i) unless--CommentsClose CommentsPermalink





`(I) specifically approved by the Administrator;CommentsClose CommentsPermalink





`(II) the construction occurs under terms and conditions consistent with the requirements under section 611(j)(89) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(89)); andCommentsClose CommentsPermalink





`(III) the amount allocated for purposes under clause (i) does not exceed 20 percent of the grant award.CommentsClose CommentsPermalink





`(2) PERSONNEL-CommentsClose CommentsPermalink





`(A) IN GENERAL- For any grant awarded under section 2003 or 2004--CommentsClose CommentsPermalink





`(i) not more than 25 percent of the amount awarded to a grant recipient may be used to pay overtime and backfill costs; andCommentsClose CommentsPermalink





`(ii) not more than 25 percent of the amount awarded to the grant recipient may be used to pay personnel costs not described in clause (i).CommentsClose CommentsPermalink





`(B) WAIVER- At the request of the recipient of a grant under section 2003 or section 2004, the Administrator may grant a waiver of any limitation under subparagraph (A).CommentsClose CommentsPermalink





`(C) EXCEPTION. The limitations under subparagraph (A) shall not apply to activities permitted under the full-time counterterrorism staffing pilot, as described in the Fiscal Year 2007 Program Guidance of the Department for the Urban Area Security Initiative.CommentsClose CommentsPermalink





`(3) RECREATION- Grants awarded under this title may not be used for recreational or social purposes.CommentsClose CommentsPermalink





`(b) Multiple-Purpose Funds- Nothing in this title shall be construed to prohibit State, local, or tribal governments from using grant funds under sections 2003 and 2004 in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving capabilities for terrorism preparedness established by the Administrator.CommentsClose CommentsPermalink





`(c) Equipment Standards- If an applicant for a grant under this title proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 647 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant shall include in its 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.CommentsClose CommentsPermalink





`(d) Supplement Not Supplant- Amounts appropriated for grants under this title shall be used to supplement and not supplant other State, local, and tribal government public funds obligated for the purposes provided under this title.CommentsClose CommentsPermalink

`SEC. 20087. ADMINISTRATION AND COORDINATION.

`(a) Administrator- The Administrator shall, in consultation with other appropriate offices within the Department, have responsibility for administering all homeland security grant programs administered by the Department and for ensuring coordination among those programs and consistency in the guidance issued to recipients across those programs.CommentsClose CommentsPermalink





`(b) National Advisory Council- To ensure input from and coordination with State, local, and tribal governments and emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council established under section 508 on the administration and assessment of grant programs administered by the Department, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies.CommentsClose CommentsPermalink





`(c) Regional Coordination- The Administrator shall ensure that--CommentsClose CommentsPermalink





`(1) all recipients of homeland security grants administered by the Department, as a condition of receiving those grants, coordinate their prevention, preparedness, and protection efforts with neighboring State, local, and tribal governments, as appropriate; andCommentsClose CommentsPermalink





`(2) all metropolitan areas and other recipients of homeland security grants administered by the Department that include or substantially affect parts or all of more than 1 State, coordinate across State boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans, as a condition of receiving Departmentally administered homeland security grants.CommentsClose CommentsPermalink





`(d) Planning Committees-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any State or metropolitan area receiving grants under this titlesection 2003 or 2004 shall establish a planning committee to assist in preparation and revision of the State, regional, or local homeland security plan and to assist in determining effective funding priorities.CommentsClose CommentsPermalink





`(2) COMPOSITION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The planning committee shall include representatives of significant stakeholders, including--CommentsClose CommentsPermalink





`(i) local and tribal government officials; andCommentsClose CommentsPermalink





`(ii) emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers.CommentsClose CommentsPermalink





`(B) GEOGRAPHIC REPRESENTATION- The members of the planning committee shall be a representative group of individuals from the counties, cities, towns, and Indian tribes within the State or metropolitan areas, including, as appropriate, representatives of rural, high-population, and high-threat jurisdictions.CommentsClose CommentsPermalink





`(3) EXISTING PLANNING COMMITTEES- Nothing in this subsection may be construed to require that any State or metropolitan area create a planning committee if that State or metropolitan area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection.CommentsClose CommentsPermalink





`(e) Interagency Coordination- The Secretary, through the Administrator, in coordination with the Attorney General, the Secretary of Health and Human Services, and other agencies providing assistance to State, local, and tribal governments for preventing, preparing for, protecting against, responding to, and recovering from natural disasters, acts of terrorism, and other man-made disasters, and not later than 12 months after the date of enactment of the Improving America's Security Act of 2007, shall--CommentsClose CommentsPermalink





`(1) compile a comprehensive list of Federal programs that provide assistance to State, local, and tribal governments for preventing, preparing for, and responding to, natural disasters, acts of terrorism, and other man-made disasters;CommentsClose CommentsPermalink





`(2) develop a proposal to coordinate, to the greatest extent practicable, the planning, reporting, application, and other requirements and guidance for homeland security assistance programs to--CommentsClose CommentsPermalink





`(A) eliminate redundant and duplicative requirements, including onerous application and ongoing reporting requirements;CommentsClose CommentsPermalink





`(B) ensure accountability of the programs to the intended purposes of such programs;CommentsClose CommentsPermalink





`(C) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients; andCommentsClose CommentsPermalink





`(D) make the programs more accessible and user friendly to applicants; andCommentsClose CommentsPermalink





`(3) submit the information and proposals under paragraphs (1) and (2) to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink

`SEC. 20098. ACCOUNTABILITY.

`(a) Reports to Congress-CommentsClose CommentsPermalink





`(1) FUNDING EFFICACY- The Administrator shall submit to Congress, as a component of the annual Federal Preparedness Report required under section 652 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752), an evaluation of the extent to which grants Administered by the Department, including the grants established by this title--CommentsClose CommentsPermalink





`(A) have contributed to the progress of State, local, and tribal governments in achieving target capabilities; andCommentsClose CommentsPermalink





`(B) have led to the reduction of risk nationally and in State, local, and tribal jurisdictions.CommentsClose CommentsPermalink





`(2) RISK ASSESSMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- For each fiscal year, the Administrator shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a detailed and comprehensive explanation of the methodology used to calculate risk and compute the allocation of funds under sections 2003 and 2004 of this title, including--CommentsClose CommentsPermalink





`(i) all variables included in the risk assessment and the weights assigned to each;CommentsClose CommentsPermalink





`(ii) an explanation of how each such variable, as weighted, correlates to risk, and the basis for concluding there is such a correlation; andCommentsClose CommentsPermalink





`(iii) any change in the methodology from the previous fiscal year, including changes in variables considered, weighting of those variables, and computational methods.CommentsClose CommentsPermalink





`(B) CLASSIFIED ANNEX- The information required under subparagraph (A) shall be provided in unclassified form to the greatest extent possible, and may include a classified annex if necessary.CommentsClose CommentsPermalink





`(C) DEADLINE- For each fiscal year, the information required under subparagraph (A) shall be provided on the earlier of--CommentsClose CommentsPermalink





`(i) October 31; orCommentsClose CommentsPermalink





`(ii) 30 days before the issuance of any program guidance for grants under sections 2003 and 2004.CommentsClose CommentsPermalink





`(b) Reviews and Audits-CommentsClose CommentsPermalink





`(1) DEPARTMENT REVIEW- The Administrator shall conduct periodic reviews of grants made under this title to ensure that recipients allocate funds consistent with the guidelines established by the Department.CommentsClose CommentsPermalink





`(2) GOVERNMENT ACCOUNTABILITY OFFICE-CommentsClose CommentsPermalink





`(A) ACCESS TO INFORMATION- Each recipient of a grant under this title and the Department shall provide the Government Accountability Office with full access to information regarding the activities carried out under this title.CommentsClose CommentsPermalink





`(B) AUDITS AND REPORTS-CommentsClose CommentsPermalink





`(i) AUDIT- Not later than 12 months after the date of enactment of the Improving America's Security Act of 2007, and periodically thereafter, the Comptroller General of the United States shall conduct an audit of the Homeland Security Grant Programgrants made under this title.CommentsClose CommentsPermalink





`(ii) REPORT- The Comptroller General of the United States shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on--CommentsClose CommentsPermalink





`(I) the results of any audit conducted under clause (i), including an analysis of the purposes for which the grant funds authorized under this title are being spent; andCommentsClose CommentsPermalink





`(II) whether the grant recipients have allocated funding consistent with the State homeland security plan and the guidelines established by the Department.CommentsClose CommentsPermalink





`(3) AUDIT REQUIREMENT- Grant recipients that expend $500,000 or more in grant funds received under this title during any fiscal year shall submit to the Administrator an organization-wide financial and compliance audit report in conformance with the requirements of chapter 75 of title 31, United States Code.CommentsClose CommentsPermalink





`(4) RECOVERY AUDITS- The Secretary shall conduct a recovery audit (as that term is defined by the Director of the Office of Management and Budget under section 3561 of title 31, United States Code) for any grant administered by the Department with a total value of $1,000,000 or greater.CommentsClose CommentsPermalink





`(c) Remedies for Noncompliance-CommentsClose CommentsPermalink





`(1) IN GENERAL- If the Administrator finds, after reasonable notice and an opportunity for a hearing, that a recipient of a grant under this title has failed to substantially comply with any provision of this title, or with any regulations or guidelines of the Department regarding eligible expenditures, the Administrator shall--CommentsClose CommentsPermalink





`(A) terminate any payment of grant funds to be made to the recipient under this title;CommentsClose CommentsPermalink





`(B) reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not expended by the recipient in accordance with this title; orCommentsClose CommentsPermalink





`(C) limit the use of grant funds received under this title to programs, projects, or activities not affected by the failure to comply.CommentsClose CommentsPermalink





`(2) DURATION OF PENALTY- The Administrator shall apply an appropriate penalty under paragraph (1) until such time as the Secretary determines that the grant recipient is in full compliance with this title or with applicable guidelines or regulations of the Department.CommentsClose CommentsPermalink





`(3) DIRECT FUNDING- If a State fails to substantially comply with any provision of this title or with applicable guidelines or regulations of the Department, including failing to provide local or tribal governments with grant funds or resources purchased with grant funds in a timely fashion, a local or tribal government entitled to receive such grant funds or resources may petition the Administrator, at such time and in such manner as determined by the Administrator, to request that grant funds or resources be provided directly to the local or tribal government.CommentsClose CommentsPermalink

`SEC. 201009. AUDITING.

`(a) Audit of Grants Under This Titles of Grants-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than the date described in paragraph (2), and every 2 years thereafter, the Inspector General of the Department shall conduct an audit of each entity that receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program to evaluate the use of funds under such grant program by such entity.CommentsClose CommentsPermalink





`(2) TIMING- The date described in this paragraph is the later of 2 years after--CommentsClose CommentsPermalink





`(A) the date of enactment of the Improving America's Security Act of 2007; andCommentsClose CommentsPermalink





`(B) the date that an entity first receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program, as the case may be.CommentsClose CommentsPermalink





`(3) CONTENTS- Each audit under this subsection shall evaluate--CommentsClose CommentsPermalink





`(A) the use of funds under the relevant grant program by an entity during the 2 full fiscal years before the date of that audit;CommentsClose CommentsPermalink





`(B) whether funds under that grant program were used by that entity as required by law; andCommentsClose CommentsPermalink





`(C)(i) for each grant under the Urban Area Security Initiative or the State Homeland Security Grant Program, the extent to which funds under that grant were used to prepare for, protect against, respond to, or recover from acts of terrorism; andCommentsClose CommentsPermalink





`(ii) for each grant under the Emergency Management Performance Grant Program, the extent to which funds under that grant were used to prevent, prepare for, protect against, respond to, recover from, or mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.CommentsClose CommentsPermalink





`(4) PUBLIC AVAILABILITY ON WEBSITE- The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.CommentsClose CommentsPermalink





`(5) REPORTING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 2 years and 60 days after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Inspector General of the Department shall submit to Congress a consolidated report regarding the audits conducted under this subsection.CommentsClose CommentsPermalink





`(B) CONTENTS- Each report submitted under this paragraph shall describe--CommentsClose CommentsPermalink





`(i)(I) for the first such report, the audits conducted under this subsection during the 2-year period beginning on the date of enactment of the Improving America's Security Act of 2007; andCommentsClose CommentsPermalink





`(II) for each subsequent such report, the audits conducted under this subsection during the fiscal year before the date of the submission of that report;CommentsClose CommentsPermalink





`(ii) whether funds under each grant audited during the period described in clause (i) that is applicable to such report were used as required by law; andCommentsClose CommentsPermalink





`(iii)(I) for grants under the Urban Area Security Initiative or the State Homeland Security Grant Program audited, the extent to which, during the period described in clause (i) that is applicable to such report, funds under such grants were used to prepare for, protect against, respond to, or recover from acts of terrorism; andCommentsClose CommentsPermalink





`(II) for grants under the Emergency Management Performance Grant Program audited, the extent to which funds under such grants were used during the period described in clause (i) applicable to such report to prevent, prepare for, protect against, respond to, recover from, or mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters.CommentsClose CommentsPermalink





`(b) Audit of Other Preparedness Grants-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than the date described in paragraph (2), the Inspector General of the Department shall conduct an audit of each entity that receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program to evaluate the use by that entity of any grant for preparedness administered by the Department that was awarded before the date of enactment of the Improving America's Security Act of 2007.CommentsClose CommentsPermalink





`(2) TIMING- The date described in this paragraph is the later of 2 years after--CommentsClose CommentsPermalink





`(A) the date of enactment of the Improving America's Security Act of 2007; andCommentsClose CommentsPermalink





`(B) the date that an entity first receives a grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, or the Emergency Management Performance Grant Program, as the case may be.CommentsClose CommentsPermalink





`(3) CONTENTS- Each audit under this subsection shall evaluate--CommentsClose CommentsPermalink





`(A) the use of funds by an entity under any grant for preparedness administered by the Department that was awarded before the date of enactment of the Improving America's Security Act of 2007;CommentsClose CommentsPermalink





`(B) whether funds under each such grant program were used by that entity as required by law; andCommentsClose CommentsPermalink





`(C) the extent to which such funds were used to enhance preparedness.CommentsClose CommentsPermalink





`(4) PUBLIC AVAILABILITY ON WEBSITE- The Inspector General of the Department shall make each audit under this subsection available on the website of the Inspector General.CommentsClose CommentsPermalink





`(5) REPORTING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 2 years and 60 days after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Inspector General of the Department shall submit to Congress a consolidated report regarding the audits conducted under this subsection.CommentsClose CommentsPermalink





`(B) CONTENTS- Each report submitted under this paragraph shall describe--CommentsClose CommentsPermalink





`(i)(I) for the first such report, the audits conducted under this subsection during the 2-year period beginning on the date of enactment of the Improving America's Security Act of 2007; andCommentsClose CommentsPermalink





`(II) for each subsequent such report, the audits conducted under this subsection during the fiscal year before the date of the submission of that report;CommentsClose CommentsPermalink





`(ii) whether funds under each grant audited were used as required by law; andCommentsClose CommentsPermalink





`(iii) the extent to which funds under each grant audited were used to enhance preparedness.CommentsClose CommentsPermalink





`(c) Funding for Audits-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Administrator shall withhold 1 percent of the total amount of each grant under the Urban Area Security Initiative, the State Homeland Security Grant Program, and the Emergency Management Performance Grant Program for audits under this section.CommentsClose CommentsPermalink





`(2) AVAILABILITY OF FUNDS- The Administrator shall make amounts withheld under this subsection available as follows:CommentsClose CommentsPermalink





`(A) Amounts withheld from grants under the Urban Area Security Initiative shall be made available for audits under this section of entities receiving grants under the Urban Area Security Initiative.CommentsClose CommentsPermalink





`(B) Amounts withheld from grants under the State Homeland Security Grant Program shall be made available for audits under this section of entities receiving grants under the State Homeland Security Grant Program.CommentsClose CommentsPermalink





`(C) Amounts withheld from grants under the Emergency Management Performance Grant Program shall be made available for audits under this section of entities receiving grants under the Emergency Management Performance Grant Program.CommentsClose CommentsPermalink





`(d) Definition- In this section, the term `Emergency Management Performance Grants Program' means the Emergency Management Performance Grants Program under section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763; Public Law 109-295).CommentsClose CommentsPermalink

`SEC. 2011. AUTHORIZATION OF APPROPRIATIONS.`(a) Grants-`(1) IN GENERAL- There is authorized to be appropriated for the Homeland Security Grant Program established under section 2002 of this title for each of fiscal years 2008, 2009, and 2010, $3,105,000,000, to be allocated as follows:`(A) For grants under0. SENSE OF THE SENATE.

`It is the sense of the Senate that, in order to ensure that the Nation is most effectively able to prevent, prepare for, protect against, respond to, recovery from, and mitigate against all hazards, including natural disasters, acts of terrorism, and other man-made disasters--CommentsClose CommentsPermalink





`(1) the Department should administer a coherent and coordinated system of both terrorism-focused and all-hazards grants, the essential building blocks of which include--CommentsClose CommentsPermalink





`(A) the Urban Area Security Initiative under section 2003, $1,278,639,000.`(B) For grants under the State Homeland Security Grant Program established under section 2004, $913,180,500.`(C) For grants under the Emergency Management Performance Grant Program established under section 2005, $913,180,500.`(2) SUBSEQUENT YEARS- There is authorized to be appropriated for thand State Homeland Security Grant Program established under section 2002 of this title such sums as are necessary for fiscal year 2011 and each fiscal year thereafter.`(b) Proportionate Allocation- Regardless of the amount appropriated for the Homeland Security Grant Program in any fiscal year, the appropriated amount shall, in each fiscal year, be allocated among the grant programs under sections 2003, 2004, and 2005this title (including funds dedicated to law enforcement terrorism prevention activities);CommentsClose CommentsPermalink





`(B) the Emergency Communications Operability and Interoperable Communications Grants established under section 1809; andCommentsClose CommentsPermalink





`(C) the Emergency Management Performance Grants Program authorized under section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763); andCommentsClose CommentsPermalink





`(2) to ensure a continuing and appropriate balance between terrorism-focused and all-hazards preparedness, the amounts appropriated for grants under the Urban Area Security Initiative, State Homeland Security Grant Program, and Emergency Management Performance Grants Program in any fiscal year should be in direct proportion to the amounts allocated under paragraph (a)(1) of this sectionuthorized for those programs for fiscal year 2008 under the amendments made by titles II and IV, as applicable, of the Improving America's Security Act of 2007.'.CommentsClose CommentsPermalink

SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.

SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

(a) In General- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating title XVIII, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as title XIX;CommentsClose CommentsPermalink





(2) by redesignating sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as sections 1901 through 1906, respectively;CommentsClose CommentsPermalink





(3) in section 1904(a), as so redesignated, by striking `section 1802' and inserting `section 1902'; andCommentsClose CommentsPermalink





(4) in section 1906, as so redesignated, by striking `section 1802(a)' each place that term appears and inserting `section 1902(a)'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by striking the items relating to title XVIII and sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), and inserting the following:CommentsClose CommentsPermalink

`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

`Sec. 1901. Domestic Nuclear Detection Office.CommentsClose CommentsPermalink





`Sec. 1902. Mission of Office.CommentsClose CommentsPermalink





`Sec. 1903. Hiring authority.CommentsClose CommentsPermalink





`Sec. 1904. Testing authority.CommentsClose CommentsPermalink





`Sec. 1905. Relationship to other Department entities and Federal agencies.CommentsClose CommentsPermalink





`Sec. 1906. Contracting and grant making authorities.CommentsClose CommentsPermalink

`TITLE XX--HOMELAND SECURITY GRANTS

`Sec. 2001. Definitions.CommentsClose CommentsPermalink





`Sec. 2002. Homeland Security Grant Program.CommentsClose CommentsPermalink





`Sec. 2003. Urban Area Security Initiative.CommentsClose CommentsPermalink





`Sec. 2004. State Homeland Security Grant Program.CommentsClose CommentsPermalink





`Sec. 2005. Emergency Management Performance Grants Program.`Sec. 2006. Terrorism prevention.CommentsClose CommentsPermalink





`Sec. 20076. Restrictions on use of funds.CommentsClose CommentsPermalink





`Sec. 20087. Administration and coordination.CommentsClose CommentsPermalink





`Sec. 20098. Accountability.CommentsClose CommentsPermalink





`Sec. 201009. Auditing.CommentsClose CommentsPermalink





`Sec. 2011. Authorization of appropriations0. Sense of the Senate.'.CommentsClose CommentsPermalink

TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE COMMUNICATIONS.

(a) Emergency Communications Operability and Interoperable Communications-CommentsClose CommentsPermalink





(1) IN GENERAL- Title XVIII of the Homeland Security Act of 2002 (6 U.S.C. 571 et seq.) (relating to emergency communications) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE COMMUNICATIONS GRANTS.

`(a) Definitions- In this section:CommentsClose CommentsPermalink





`(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the Federal Emergency Management Agency.CommentsClose CommentsPermalink





`(2) EMERGENCY COMMUNICATIONS OPERABILITY- The term `emergency communications operability' means the ability to provide and maintain, throughout an emergency response operation, a continuous flow of information among emergency response providers, agencies, and government officers from multiple disciplines and jurisdictions and at all levels of government, in the event of a natural disaster, act of terrorism, or other man-made disaster, including where there has been significant damage to, or destruction of, critical infrastructure, including substantial loss of ordinary telecommunications infrastructure and sustained loss of electricity.CommentsClose CommentsPermalink





`(b) In General- The Administrator shall make grants to States for initiatives necessary to achieve, maintain, or enhance Statewide, regional, national and, as appropriate, international emergency communications operability and interoperable communications.CommentsClose CommentsPermalink





`(c) Statewide Interoperable Communications Plans-CommentsClose CommentsPermalink





`(1) SUBMISSION OF PLANS- The Administrator shall require any State applying for a grant under this section to submit a Statewide Interoperable Communications Plan as described under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).CommentsClose CommentsPermalink





`(2) COORDINATION AND CONSULTATION- The Statewide plan submitted under paragraph (1) shall be developed--CommentsClose CommentsPermalink





`(A) in coordination with local and tribal governments, emergency response providers, and other relevant State officers; andCommentsClose CommentsPermalink





`(B) in consultation with and subject to appropriate comment by the applicable Regional Emergency Communications Coordination Working Group as described under section 1805.CommentsClose CommentsPermalink





`(3) APPROVAL- The Administrator may not award a grant to a State unless the Administrator, in consultation with the Director for Emergency Communications, has approved the applicable Statewide plan.CommentsClose CommentsPermalink





`(4) REVISIONS- A State may revise the applicable Statewide plan approved by the Administrator under this subsection, subject to approval of the revision by the Administrator.CommentsClose CommentsPermalink





`(d) Consistency- The Administrator shall ensure that each grant is used to supplement and support, in a consistent and coordinated manner, any applicable State, regional, or urban area homeland security plan.CommentsClose CommentsPermalink





`(e) Use of Grant Funds- Grants awarded under subsection (b) may be used for initiatives to achieve, maintain, or enhance emergency communications operability and interoperable communications, including--CommentsClose CommentsPermalink





`(1) Statewide or regional communications planning, including governance related activities;CommentsClose CommentsPermalink





`(2) system design and engineering;CommentsClose CommentsPermalink





`(3) system procurement and installation;CommentsClose CommentsPermalink





`(4) exercises;CommentsClose CommentsPermalink





`(5) modeling and simulation exercises for operational command and control functions;CommentsClose CommentsPermalink





`(6) technical assistance;CommentsClose CommentsPermalink





`(7) training; andCommentsClose CommentsPermalink





`(8) other appropriate activities determined by the Administrator to be integral to achieve, maintain, or enhance emergency communications operability and interoperable communications.CommentsClose CommentsPermalink





`(f) Application-CommentsClose CommentsPermalink





`(1) IN GENERAL- A State desiring a grant under this section shall submit an application at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.CommentsClose CommentsPermalink





`(2) MINIMUM CONTENTS- At a minimum, each application submitted under paragraph (1) shall--CommentsClose CommentsPermalink





`(A) identify the critical aspects of the communications life cycle, including planning, system design and engineering, procurement and installation, and training for which funding is requested;CommentsClose CommentsPermalink





`(B) describe how--CommentsClose CommentsPermalink





`(i) the proposed use of funds--CommentsClose CommentsPermalink





`(I) would be consistent with and address the goals in any applicable State, regional, or urban homeland security plan; andCommentsClose CommentsPermalink





`(II) unless the Administrator determines otherwise, are--CommentsClose CommentsPermalink

`(aa) consistent with the National Emergency Communications Plan under section 1802; andCommentsClose CommentsPermalink

`(bb) compatible with the national infrastructure and national voluntary consensus standards;CommentsClose CommentsPermalink

`(ii) the applicant intends to spend funds under the grant, to administer such funds, and to allocate such funds among participating local and tribal governments and emergency response providers;CommentsClose CommentsPermalink





`(iii) the State plans to allocate the grant funds on the basis of risk and effectiveness to regions, local and tribal governments to promote meaningful investments for achieving, maintaining, or enhancing emergency communications operability and interoperable communications;CommentsClose CommentsPermalink





`(iv) the State intends to address the emergency communications operability and interoperable communications needs at the city, county, regional, State, and interstate level; andCommentsClose CommentsPermalink





`(v) the State plans to emphasize regional planning and cooperation, both within the jurisdictional borders of that State and with neighboring States;CommentsClose CommentsPermalink





`(C) be consistent with the Statewide Interoperable Communications Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); andCommentsClose CommentsPermalink





`(D) include a capital budget and timeline showing how the State intends to allocate and expend the grant funds.CommentsClose CommentsPermalink





`(g) Award of Grants-CommentsClose CommentsPermalink





`(1) CONSIDERATIONS- In approving applications and awarding grants under this section, the Administrator shall consider--CommentsClose CommentsPermalink





`(A) the nature of the threat to the State from a natural disaster, act of terrorism, or other man-made disaster;CommentsClose CommentsPermalink





`(B) the location, risk, or vulnerability of critical infrastructure and key national assets, including the consequences from damage to critical infrastructure in nearby jurisdictions as a result of natural disasters, acts of terrorism, or other man-made disasters;CommentsClose CommentsPermalink





`(C) the size of the population of the State, including appropriate consideration of military, tourist, and commuter populations;CommentsClose CommentsPermalink





`(D) the population density of the State;CommentsClose CommentsPermalink





`(E) the extent to which grants will be utilized to implement emergency communications operability and interoperable communications solutions--CommentsClose CommentsPermalink





`(i) consistent with the National Emergency Communications Plan under section 1802 and compatible with the national infrastructure and national voluntary consensus standards; andCommentsClose CommentsPermalink





`(ii) more efficient and cost effective than current approaches;CommentsClose CommentsPermalink





`(F) the extent to which a grant would expedite the achievement, maintenance, or enhancement of emergency communications operability and interoperable communications in the State with Federal, State, local, and tribal governments;CommentsClose CommentsPermalink





`(G) the extent to which a State, given its financial capability, demonstrates its commitment to achieve, maintain, or enhance emergency communications operability and interoperable communications by supplementing Federal funds with non-Federal funds;CommentsClose CommentsPermalink





`(H) whether the State is on or near an international border;CommentsClose CommentsPermalink





`(I) whether the State encompasses an economically significant border crossing;CommentsClose CommentsPermalink





`(J) whether the State has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters;CommentsClose CommentsPermalink





`(K) the extent to which geographic barriers pose unusual obstacles to achieving, maintaining, or enhancing emergency communications operability or interoperable communications;CommentsClose CommentsPermalink





`(L) the threats, vulnerabilities, and consequences faced by the State related to at-risk sites or activities in nearby jurisdictions, including the need to respond to natural disasters, acts of terrorism, and other man-made disasters arising in those jurisdictions;CommentsClose CommentsPermalink





`(M) the need to achieve, maintain, or enhance nationwide emergency communications operability and interoperable communications, consistent with the National Emergency Communications Plan under section 1802;CommentsClose CommentsPermalink





`(N) whether the activity for which a grant is requested is being funded under another Federal or State emergency communications grant program; andCommentsClose CommentsPermalink





`(O) such other factors as are specified by the Administrator in writing.CommentsClose CommentsPermalink





`(2) REVIEW PANEL-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall establish a review panel under section 871(a) to assist in reviewing grant applications under this section.CommentsClose CommentsPermalink





`(B) RECOMMENDATIONS- The review panel established under subparagraph (A) shall make recommendations to the Administrator regarding applications for grants under this section.CommentsClose CommentsPermalink





`(C) MEMBERSHIP- The review panel established under subparagraph (A) shall include--CommentsClose CommentsPermalink





`(i) individuals with technical expertise in emergency communications operability and interoperable communications;CommentsClose CommentsPermalink





`(ii) emergency response providers; andCommentsClose CommentsPermalink





`(iii) other relevant State and local officers.CommentsClose CommentsPermalink





`(3) MINIMUM GRANT AMOUNTS- The Administrator shall ensure that for each fiscal year--CommentsClose CommentsPermalink





`(A) no State receives less than an amount equal to 0.75 percent of the total funds appropriated for grants under this section; andCommentsClose CommentsPermalink





`(B) American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive no less than 0.25 percent of the amounts appropriated for grants under this section.CommentsClose CommentsPermalink





`(4) AVAILABILITY OF FUNDS- Any grant funds awarded that may be used to support emergency communications operability or interoperable communications shall, as the Administrator may determine, remain available for up to 3 years, consistent with section 7303(e) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(e)).CommentsClose CommentsPermalink





`(h) State Responsibilities-CommentsClose CommentsPermalink





`(1) PASS-THROUGH OF FUNDS TO LOCAL AND TRIBAL GOVERNMENTS- The Administrator shall determine a date by which a State that receives a grant shall obligate or otherwise make available to local and tribal governments and emergency response providers--CommentsClose CommentsPermalink





`(A) not less than 80 percent of the funds of the amount of the grant;CommentsClose CommentsPermalink





`(B) resources purchased with the grant funds having a value equal to not less than 80 percent of the total amount of the grant; orCommentsClose CommentsPermalink





`(C) grant funds combined with resources purchased with the grant funds having a value equal to not less than 80 percent of the total amount of the grant.CommentsClose CommentsPermalink





`(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO LOCAL AND TRIBAL GOVERNMENTS- Any State that receives a grant shall certify to the Administrator, by not later than 30 days after the date described under paragraph (1) with respect to the grant, that the State has made available for expenditure by local or tribal governments and emergency response providers the required amount of grant funds under paragraph (1).CommentsClose CommentsPermalink





`(3) REPORT ON GRANT SPENDING-CommentsClose CommentsPermalink





`(A) IN GENERAL- Any State that receives a grant shall submit a spending report to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.CommentsClose CommentsPermalink





`(B) MINIMUM CONTENTS- At a minimum, each report under this paragraph shall include--CommentsClose CommentsPermalink





`(i) the amount, ultimate recipients, and dates of receipt of all funds received under the grant;CommentsClose CommentsPermalink





`(ii) the amount and the dates of disbursements of all such funds expended in compliance with paragraph (1) or under mutual aid agreements or other intrastate and interstate sharing arrangements, as applicable;CommentsClose CommentsPermalink





`(iii) how the funds were used by each ultimate recipient or beneficiary;CommentsClose CommentsPermalink





`(iv) the extent to which emergency communications operability and interoperable communications identified in the applicable Statewide plan and application have been achieved, maintained, or enhanced as the result of the expenditure of grant funds; andCommentsClose CommentsPermalink





`(v) the extent to which emergency communications operability and interoperable communications identified in the applicable Statewide plan and application remain unmet.CommentsClose CommentsPermalink





`(C) PUBLIC AVAILABILITY ON WEBSITE- The Administrator shall make each report submitted under subparagraph (A) publicly available on the website of the Federal Emergency Management Agency. The Administrator may redact such information from the reports as the Administrator determines necessary to protect national security.CommentsClose CommentsPermalink





`(4) PENALTIES FOR REPORTING DELAY- If a State fails to provide the information required by the Administrator under paragraph (3), the Administrator may--CommentsClose CommentsPermalink





`(A) reduce grant payments to the State from the portion of grant funds that are not required to be passed through under paragraph (1);CommentsClose CommentsPermalink





`(B) terminate payment of funds under the grant to the State, and transfer the appropriate portion of those funds directly to local and tribal governments and emergency response providers that were intended to receive funding under that grant; orCommentsClose CommentsPermalink





`(C) impose additional restrictions or burdens on the use of funds by the State under the grant, which may include--CommentsClose CommentsPermalink





`(i) prohibiting use of such funds to pay the grant-related expenses of the State; orCommentsClose CommentsPermalink





`(ii) requiring the State to distribute to local and tribal government and emergency response providers all or a portion of grant funds that are not required to be passed through under paragraph (1).CommentsClose CommentsPermalink





`(i) Prohibited Uses- Grants awarded under this section may not be used for recreational or social purposes.CommentsClose CommentsPermalink





`(j) Authorization of Appropriations- There are authorized to be appropriated for grants under this section--CommentsClose CommentsPermalink





`(1) $400,000,000 for fiscal year 2008;CommentsClose CommentsPermalink





`(2) $500,000,000 for fiscal year 2009;CommentsClose CommentsPermalink





`(3) $600,000,000 for fiscal year 2010;CommentsClose CommentsPermalink





`(4) $800,000,000 for fiscal year 2011;CommentsClose CommentsPermalink





`(5) $1,000,000,000 for fiscal year 2012; andCommentsClose CommentsPermalink





`(6) such sums as necessary for each fiscal year thereafter.CommentsClose CommentsPermalink





`(k) Rule of Construction- Nothing in this section shall be construed or interpreted to preclude the use of funds under this section by a State for interim or long-term Internet Protocol-based interoperable solutions, notwithstanding compliance with the Project 25 standard.'.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENT- The table of contents under section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by inserting after the item relating to section 1808 the following:CommentsClose CommentsPermalink





`Sec. 1809. Emergency communications operability and interoperable communications grants.'CommentsClose CommentsPermalink





.(b) Interoperable Communications (b) Interoperable Communications Plans- Section 7303 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194) is amended--CommentsClose CommentsPermalink





(1) in subsection (f)--CommentsClose CommentsPermalink





(A) in paragraph (4), by striking `and' at the end;CommentsClose CommentsPermalink





(B) in paragraph (5), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(6) include information on the governance structure used to develop the plan, such as all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; andCommentsClose CommentsPermalink





`(7) describe the method by which multi-jurisdictional, multi-disciplinary input was provided from all regions of the jurisdiction and the process for continuing to incorporate such input.'; andCommentsClose CommentsPermalink





(2) in subsection (g)(1), by striking `or video' and inserting `and video'.CommentsClose CommentsPermalink





(c) National Emergency Communications Plan- Section 1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (8), by striking `and' at the end;CommentsClose CommentsPermalink





(2) in paragraph (9), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(10) set a date, including interim benchmarks, as appropriate, by which State, local, and tribal governments, Federal departments and agencies, emergency response providers, and the private sector will achieve interoperable communications as that term is defined under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1).'.CommentsClose CommentsPermalink

SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

(a) In General-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Department an International Border Community Interoperable Communications Demonstration Project (referred to in this section as `demonstration project').CommentsClose CommentsPermalink





(2) MINIMUM NUMBER OF COMMUNITIES- The Secretary shall select no fewer than 6 communities to participate in a demonstration project.CommentsClose CommentsPermalink





(3) LOCATION OF COMMUNITIES- No fewer than 3 of the communities selected under paragraph (2) shall be located on the northern border of the United States and no fewer than 3 of the communities selected under paragraph (2) shall be located on the southern border of the United States.CommentsClose CommentsPermalink





(b) Program Requirements- The demonstration projects shall--CommentsClose CommentsPermalink





(1) address the interoperable communications needs of emergency response providers and the National Guard;CommentsClose CommentsPermalink





(2) foster interoperable emergency communications systems--CommentsClose CommentsPermalink





(A) among Federal, State, local, and tribal government agencies in the United States involved in preventing or responding to a natural disaster, act of terrorism, or other man-made disaster; andCommentsClose CommentsPermalink





(B) with similar agencies in Canada or Mexico;CommentsClose CommentsPermalink





(3) identify common international cross-border frequencies for communications equipment, including radio or computer messaging equipment;CommentsClose CommentsPermalink





(4) foster the standardization of interoperable emergency communications equipment;CommentsClose CommentsPermalink





(5) identify solutions that will facilitate interoperable communications across national borders expeditiously;CommentsClose CommentsPermalink





(6) ensure that emergency response providers can communicate with each other and the public at disaster sites;CommentsClose CommentsPermalink





(7) provide training and equipment to enable emergency response providers to deal with threats and contingencies in a variety of environments;CommentsClose CommentsPermalink





and(8) identify and secure appropriate joint-use equipment to ensure communications access; andCommentsClose CommentsPermalink





(9) identify solutions to facilitate communications between emergency response providers in communities of differing population densities.CommentsClose CommentsPermalink





(c) Distribution of Funds-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall distribute funds under this section to each community participating in a demonstration project through the State, or States, in which each community is located.CommentsClose CommentsPermalink





(2) OTHER PARTICIPANTS- Not later than 60 days after receiving funds under paragraph (1), a State shall make the funds available to the local and tribal governments and emergency response providers selected by the Secretary to participate in a demonstration project.CommentsClose CommentsPermalink





(d) Reporting-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than December 31, 2007, and each year thereafter in which funds are appropriated for a demonstration project, 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 on the demonstration projects.CommentsClose CommentsPermalink





(2) CONTENTS- Each report under this subsection shall contain the following:CommentsClose CommentsPermalink





(A) The name and location of all communities involved in the demonstration project.CommentsClose CommentsPermalink





(B) The amount of funding provided to each State for the demonstration project.CommentsClose CommentsPermalink





(C) An evaluation of the usefulness of the demonstration project towards developing an effective interoperable communications system at the borders.CommentsClose CommentsPermalink





(D) The factors that were used in determining how to distribute the funds in a risk-based manner.CommentsClose CommentsPermalink





(E) The specific risks inherent to a border community that make interoperable communications more difficult than in non-border communities.CommentsClose CommentsPermalink





(F) The optimal ways to prioritize funding for interoperable communication systems based upon risk.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary in each of fiscal years 2007, 2008, and 2009 to carry out this section.CommentsClose CommentsPermalink

TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

SEC. 4501. MODERNIZATION OF THE VISA WAIVER PROGRAM.

(a) Short Title- This section may be cited as the `Secure Travel and Counterterrorism Partnership Act'.CommentsClose CommentsPermalink





(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink





(1) the United States should modernize the visa waiver program by simultaneously--CommentsClose CommentsPermalink





(A) enhancing program security requirements; andCommentsClose CommentsPermalink





(B) extending visa-free travel privileges to nationals of foreign countries that are allies in the war on terrorism; andCommentsClose CommentsPermalink





(2) the expansion described in paragraph (1) will--CommentsClose CommentsPermalink





(A) enhance bilateral cooperation on critical counterterrorism and information sharing initiatives;CommentsClose CommentsPermalink





(B) support and expand tourism and business opportunities to enhance long-term economic competitiveness; andCommentsClose CommentsPermalink





(C) strengthen bilateral relationships.CommentsClose CommentsPermalink





(c) Discretionary Visa Waiver Program Expansion- Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(8) NONIMMIGRANT VISA REFUSAL RATE FLEXIBILITY-CommentsClose CommentsPermalink





`(A) CERTIFICATION- On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals that exit through airports of the United States, the Secretary of Homeland Security shall certify to Congress that such air exit system is in place.CommentsClose CommentsPermalink





`(B) WAIVER- After certification by the Secretary under subparagraph (A), the Secretary of Homeland Security, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country--CommentsClose CommentsPermalink





`(i) if the country if--`(i) the country meets all security requirements of this section;CommentsClose CommentsPermalink





`(ii) if the Secretary of Homeland Security determines that the totality of the country's security risk mitigation measures provide assurance that the country's participation in the program would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States;CommentsClose CommentsPermalink





`(iii) if there has been a sustained reduction in visa refusal rates for aliens fromthe rate of refusals for nonimmigrant visitor visas for nationals of the country and conditions exist to continue such reduction;CommentsClose CommentsPermalink





and`(iv) the country cooperated with the Government of the United States on counterterrorism initiatives and information sharing before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State expect such cooperation will continue; andCommentsClose CommentsPermalink





`(v)(I) if the rate of refusals for nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was not more than 10 percent; orCommentsClose CommentsPermalink





`(II) if the visa overstay rate for the country for the previous full fiscal year does not exceed the maximum visa overstay rate, once it is established under subparagraph (C).CommentsClose CommentsPermalink





`(C) MAXIMUM VISA OVERSTAY RATE-CommentsClose CommentsPermalink





`(i) REQUIREMENT TO ESTABLISH- After certification by the Secretary under subparagraph (A), the Secretary of Homeland Security and the Secretary of State jointly shall use information from the air exit system referred to in subparagraph (A) to establish a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B).CommentsClose CommentsPermalink





`(ii) VISA OVERSTAY RATE DEFINED- In this paragraph the term `visa overstay rate' means, with respect to a country, the ratio of--CommentsClose CommentsPermalink





`(I) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visitor visa for which the period of stay authorized by such visa ended during a fiscal year and who remained in the United States unlawfully beyond the such period of stay; toCommentsClose CommentsPermalink





`(II) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visitor visa for which the period of stay authorized by such visa ended during such fiscal year.CommentsClose CommentsPermalink





`(iii) REPORT AND PUBLICATION- Secretary of Homeland Security shall submit to Congress and publish in the Federal Register a notice of the maximum visa overstay rate proposed to be established under clause (i). Not less than 60 days after the date such notice is submitted and published, the Secretary shall issue a final maximum visa overstay rate.CommentsClose CommentsPermalink





`(9) DISCRETIONARY SECURITY-RELATED CONSIDERATIONS-`(A) IN GENERAL- In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, shall take into consideration other factors affecting the security of the United States, including--CommentsClose CommentsPermalink





`(iA) airport security standards in the country;CommentsClose CommentsPermalink





`(iiB) whether the country assists in the operation of an effective air marshal program;CommentsClose CommentsPermalink





`(iiiC) the standards of passports and travel documents issued by the country; andCommentsClose CommentsPermalink





`(ivD) other security-related factors.`(B) OVERSTAY RATES- In determining whether to permit a country to participate in the program, the Secretary of Homeland Security shall consider the estimated rate at which nationals of the country violate the terms of their visas by remaining in the United States after the expiration of such visas.'.CommentsClose CommentsPermalink





(d) Security Enhancements to the Visa Waiver Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended--CommentsClose CommentsPermalink





(A) in subsection (a)--CommentsClose CommentsPermalink





(i) by striking `Operators of aircraft' and inserting the following:CommentsClose CommentsPermalink





`(10) ELECTRONIC TRANSMISSION OF IDENTIFICATION INFORMATION- Operators of aircraft'; andCommentsClose CommentsPermalink





(ii) by adding at the end the following:CommentsClose CommentsPermalink





`(11) ELIGIBILITY DETERMINATION UNDER THE ELECTRONIC TRAVEL AUTHORIZATION SYSTEM- Beginning on the date on which the electronic travel authorization system developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission, electronically provide basic biographical information to the system. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program.';CommentsClose CommentsPermalink





(B) in subsection (c), as amended by subsection (c) of this section--CommentsClose CommentsPermalink





(i) in paragraph (2)--CommentsClose CommentsPermalink





(I) by amending subparagraph (D) to read as follows:CommentsClose CommentsPermalink





`(D) REPORTING LOST AND STOLEN PASSPORTS- The government of the country enters into an agreement with the United States to report, or make available through Interpol, to the United States Government information about the theft or loss of passports within a strict time limit and in a manner specified in the agreement.'; andCommentsClose CommentsPermalink





(II) by adding at the end the following:CommentsClose CommentsPermalink





`(E) REPATRIATION OF ALIENS- The government of a country accepts for repatriation any citizen, former citizen, or national against whom a final executable order of removal is issued not later than 3 weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien.CommentsClose CommentsPermalink





`(F) PASSENGER INFORMATION EXCHANGE- The government of the country enters into an agreement with the United States to share information regarding whether nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens.';.CommentsClose CommentsPermalink





(ii) in paragraph (5)--CommentsClose CommentsPermalink





(I) by striking `Attorney General' each place it appears and inserting `Secretary of Homeland Security'; andCommentsClose CommentsPermalink





(II) in subparagraph (A)(i)--CommentsClose CommentsPermalink

(aa) in subclause (II), by striking `and' at the end;CommentsClose CommentsPermalink

(bb) in subclause (III), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink

(cc) by adding at the end the following:CommentsClose CommentsPermalink

`(IV) shall submit to Congress a report regarding the implementation of the electronic travel authorization system under subsection (h)(3) and the participation of new countries in the program through a waiver under paragraph (8).'; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





`(10) TECHNICAL ASSISTANCE- The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section.';CommentsClose CommentsPermalink





(C) in subsection (d), by adding at the end the following: `The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies the appropriate congressional committees not later than 30 days before the effective date of such waiver.';CommentsClose CommentsPermalink





(D) in subsection (f)(5), by striking `of blank' and inserting `or loss of'; andCommentsClose CommentsPermalink





(DE) in subsection (h), by adding at the end the following:CommentsClose CommentsPermalink





`(3) ELECTRONIC TRAVEL AUTHORIZATION SYSTEM-CommentsClose CommentsPermalink





`(A) SYSTEM- The Secretary of Homeland Security, in consultation with the Secretary of State, is authorized to develop and implement a fully automated electronic travel authorization system (referred to in this paragraph as the `System') to collect such basic biographical information as the Secretary of Homeland Security determines to be necessary to determine, in advance of travel, the eligibility of an alien to travel to the United States under the program.CommentsClose CommentsPermalink





`(B) FEES- The Secretary of Homeland Security may charge a fee for the use of the System, which shall be--CommentsClose CommentsPermalink





`(i) set at a level that will ensure recovery of the full costs of providing and administering the System; andCommentsClose CommentsPermalink





`(ii) available to pay the costs incurred to administer the System.CommentsClose CommentsPermalink





`(C) VALIDITY-CommentsClose CommentsPermalink





`(i) PERIOD- The Secretary of Homeland Security, in consultation with the Secretary of State shall prescribe regulations that provide for a period, not to exceed 3 years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke any such determination at any time and for any reason.CommentsClose CommentsPermalink





`(ii) LIMITATION- A determination that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States.CommentsClose CommentsPermalink





`(iii) JUDICIAL REVIEW- Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System.CommentsClose CommentsPermalink





`(D) REPORT- Not later than 60 days before publishing notice regarding the implementation of the System in the Federal Register, the Secretary of Homeland Security shall submit a report regarding the implementation of the System to--CommentsClose CommentsPermalink





`(i) the Committee on Homeland Security and Governmental Affairs of the Senate;CommentsClose CommentsPermalink





`(ii) the Committee on the Judiciary of the Senate;CommentsClose CommentsPermalink





`(iii) the Select Committee on Intelligence of the Senate;CommentsClose CommentsPermalink





`(iv) the Committee on Appropriations of the Senate;CommentsClose CommentsPermalink





`(v) the Committee on Homeland Security of the House of Representatives;CommentsClose CommentsPermalink





`(vi) the Committee on the Judiciary of the House of Representatives;CommentsClose CommentsPermalink





`(vii) the Permanent Select Committee on Intelligence of the House of Representatives; andCommentsClose CommentsPermalink





`(viii) the Committee on Appropriations of the House of Representatives.'.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- Section 217(a)(11) of the Immigration and Nationality Act, as added by paragraph (1)(A)(ii) shall take effect on the date which is 60 days after the date on which the Secretary of Homeland Security publishes notice in the Federal Register of the requirement under such paragraph.CommentsClose CommentsPermalink





(e) Exit System-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 1 year after the date of enactment of this Act, the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187).CommentsClose CommentsPermalink





(2) SYSTEM REQUIREMENTS- The system established under paragraph (1) shall--CommentsClose CommentsPermalink





(A) match biometric information of the alien against relevant watch lists and immigration information; andCommentsClose CommentsPermalink





(B) compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such individuals have departed the United States.CommentsClose CommentsPermalink





(3) REPORT- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress that describes--CommentsClose CommentsPermalink





(A) the progress made in developing and deploying the exit system established under this subsection; andCommentsClose CommentsPermalink





(B) the procedures by which the Secretary will improve the manner of calculating the rates of nonimmigrants who violate the terms of their visas by remaining in the United States after the expiration of such visas.CommentsClose CommentsPermalink





(f) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section.CommentsClose CommentsPermalink

SEC. 4502. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND TRAFFICKING CENTER.

(a) In General- Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended--CommentsClose CommentsPermalink





(1) in subsection (c)(1), by striking `address' and inserting `integrate and disseminate intelligence and information related to';CommentsClose CommentsPermalink





(2) by redesignating subsections (d) and (e) as subsections (g) and (h), respectively; andCommentsClose CommentsPermalink





(3) by inserting after subsection (c) the following new subsections:CommentsClose CommentsPermalink





`(d) Director- The Secretary of Homeland Security shall nominate an official of the Government of the United States to serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the `Human Smuggling and Trafficking Center (HSTC) Charter'.CommentsClose CommentsPermalink





`(e) Staffing of the Center-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary of Homeland Security, in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer than 40 full-time equivalent positions, including, as appropriate, detailees from the following:CommentsClose CommentsPermalink





`(A) The Office of Intelligence and Analysis.CommentsClose CommentsPermalink





`(B) The Transportation Security Administration.CommentsClose CommentsPermalink





`(C) The United States Citizenship and Immigration Services.CommentsClose CommentsPermalink





`(D) The United States Customs and Border Protection.CommentsClose CommentsPermalink





`(E) The United States Coast Guard.CommentsClose CommentsPermalink





`(F) The United States Immigration and Customs Enforcement.CommentsClose CommentsPermalink





`(G) The Central Intelligence Agency.CommentsClose CommentsPermalink





`(H) The Department of Defense.CommentsClose CommentsPermalink





`(I) The Department of the Treasury.CommentsClose CommentsPermalink





`(J) The National Counterterrorism Center.CommentsClose CommentsPermalink





`(K) The National Security Agency.CommentsClose CommentsPermalink





`(L) The Department of Justice.CommentsClose CommentsPermalink





`(M) The Department of State.CommentsClose CommentsPermalink





`(N) Any other relevant agency or department.CommentsClose CommentsPermalink





`(2) EXPERTISE OF DETAILEES- The Secretary of Homeland Security, in cooperation with the head of each agency, department, or other entity set out under paragraph (1), shall ensure that the detailees provided to the Center under paragraph (1) include an adequate number of personnel with experience in the area of--CommentsClose CommentsPermalink





`(A) consular affairs;CommentsClose CommentsPermalink





`(B) counterterrorism;CommentsClose CommentsPermalink





`(C) criminal law enforcement;CommentsClose CommentsPermalink





`(D) intelligence analysis;CommentsClose CommentsPermalink





`(E) prevention and detection of document fraud;CommentsClose CommentsPermalink





`(F) border inspection; orCommentsClose CommentsPermalink





`(G) immigration enforcement.CommentsClose CommentsPermalink





`(3) REIMBURSEMENT FOR DETAILEES- To the extent that funds are available for such purpose, the Secretary of Homeland Security shall provide reimbursement to each agency or department that provides a detailee to the Center, in such amount or proportion as is appropriate for costs associated with the provision of such detailee, including costs for travel by, and benefits provided to, such detailee.CommentsClose CommentsPermalink





`(f) Administrative Support and Funding- The Secretary of Homeland Security shall provide to the Center the administrative support and funding required for its maintenance, including funding for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to carry out its functions.'.CommentsClose CommentsPermalink





(b) Report- Subsection (g) of section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1777), as redesignated by subsection (a)(2), is amended--CommentsClose CommentsPermalink





(1) in the heading, by striking `Report' and inserting `INITIAL REPORT';CommentsClose CommentsPermalink





(2) by redesignating such subsection (g) as paragraph (1);CommentsClose CommentsPermalink





(3) by indenting such paragraph, as so designated, four ems from the left margin;CommentsClose CommentsPermalink





(4) by inserting before such paragraph, as so designated, the following:CommentsClose CommentsPermalink





`(g) Report- '; andCommentsClose CommentsPermalink





(5) by inserting after such paragraph, as so designated, the following new paragraph:CommentsClose CommentsPermalink





`(2) FOLLOW-UP REPORT- Not later than 180 days after the date of enactment of the Improving America's Security Act of 2007, the President shall transmit to Congress a report regarding the operation of the Center and the activities carried out by the Center, including a description of--CommentsClose CommentsPermalink





`(A) the roles and responsibilities of each agency or department that is participating in the Center;CommentsClose CommentsPermalink





`(B) the mechanisms used to share information among each such agency or department;CommentsClose CommentsPermalink





`(C) the staff provided to the Center by each such agency or department;CommentsClose CommentsPermalink





`(D) the type of information and reports being disseminated by the Center; andCommentsClose CommentsPermalink





`(E) any efforts by the Center to create a centralized Federal Government database to store information related to illicit travel of foreign nationals, including a description of any such database and of the manner in which information utilized in such a database would be collected, stored, and shared.'.CommentsClose CommentsPermalink





(c) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1777), as amended by this section, $20,000,000 for fiscal year 2008.CommentsClose CommentsPermalink

SEC. 4503. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.

Section 7215 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 7215. TERRORIST TRAVEL PROGRAM.

`(a) Requirement Tto Establish- Not later than 90 days after the date of enactment of the Improving America's Security Act of 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201, shall establish a program to oversee the implementation of the Secretary's responsibilities with respect to terrorist travel.CommentsClose CommentsPermalink





`(b) Head of the Program- The Secretary of Homeland Security shall designate an official of the Department of Homeland Security to be responsible for carrying out the program. Such official shall be--CommentsClose CommentsPermalink





`(1) the Assistant Secretary for Policy of the Department of Homeland Security; orCommentsClose CommentsPermalink





`(2) an official appointed by the Secretary who reports directly to the Secretary.CommentsClose CommentsPermalink





`(c) Duties- The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department's ability to prevent terrorists from entering the United States or remaining in the United States undetected by--CommentsClose CommentsPermalink





`(1) developing relevant strategies and policies;CommentsClose CommentsPermalink





`(2) reviewing the effectiveness of existing programs and recommending improvements, if necessary;CommentsClose CommentsPermalink





`(3) making recommendations on budget requests and on the allocation of funding and personnel;CommentsClose CommentsPermalink





`(4) ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel--CommentsClose CommentsPermalink





`(A) among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including--CommentsClose CommentsPermalink





`(i) the United States Customs and Border Protection;CommentsClose CommentsPermalink





`(ii) the United States Immigration and Customs Enforcement;CommentsClose CommentsPermalink





`(iii) the United States Citizenship and Immigration Services;CommentsClose CommentsPermalink





`(iv) the Transportation Security Administration; andCommentsClose CommentsPermalink





`(v) the United States Coast Guard; andCommentsClose CommentsPermalink





`(B) between the Department of Homeland Security and other appropriate Federal agencies; andCommentsClose CommentsPermalink





`(5) serving as the Secretary's primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department.CommentsClose CommentsPermalink





`(d) Report- Not later than 180 days after the date of enactment of the Improving America's Security Act of 2007, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section.'.CommentsClose CommentsPermalink

SEC. 4504. ENHANCED DRIVER'S LICENSE.

Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B)--CommentsClose CommentsPermalink





(A) in clause (vi), by striking `and' at the end;CommentsClose CommentsPermalink





(B) in clause (vii), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(viii) the signing of a memorandum of agreement to initiate a pilot program with not less than 1 State to determine if an enhanced driver's license, which is machine-readable and tamper proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada, and issued by such State to an individual, may permit the individual to use the driver's license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada at the land and sea ports of entry.'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(C) REPORT- Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and Secretary of State shall submit to the appropriate congressional committees a report, which includes--CommentsClose CommentsPermalink





`(i) an analysis of the impact of the pilot program on national security;CommentsClose CommentsPermalink





`(ii) recommendations on how to expand the pilot program to other States;CommentsClose CommentsPermalink





`(iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada;CommentsClose CommentsPermalink





`(iv) a plan to scan individuals participating in the pilot program against United States terrorist watch lists; andCommentsClose CommentsPermalink





`(v) a recommendation for the type of machine-readable technology that should be used in enhanced driver's licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing driver's licenses.'.CommentsClose CommentsPermalink

SEC. 4505. WESTERN HEMISPHERE TRAVEL INITIATIVE.

Before publishing a final rule in the Federal Register, the Secretary shall conduct--CommentsClose CommentsPermalink





(1) a complete cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note); andCommentsClose CommentsPermalink





(2) a study of the mechanisms by which the execution fee for a PASS Card could be reduced, considering the potential increase in the number of applications.CommentsClose CommentsPermalink

TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS

SEC. 5601. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

(a) Modification of Authorities- Section 1061 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458; 5 U.S.C. 601 note) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

`(a) In General- There is established within the Executive Office of the President a Privacy and Civil Liberties Oversight Board (referred to in this section as the `Board').CommentsClose CommentsPermalink





`(b) Findings- Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:CommentsClose CommentsPermalink





`(1) In conducting the war on terrorism, the Government may need additional powers and may need to enhance the use of its existing powers.CommentsClose CommentsPermalink





`(2) This shift of power and authority to the Government calls for an enhanced system of checks and balances to protect the precious liberties that are vital to our way of life and to ensure that the Government uses its powers for the purposes for which the powers were given.CommentsClose CommentsPermalink





`(c) Purpose- The Board shall--CommentsClose CommentsPermalink





`(1) analyze and review actions the executive branch takes to protect the Nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; andCommentsClose CommentsPermalink





`(2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism.CommentsClose CommentsPermalink





`(d) Functions-CommentsClose CommentsPermalink





`(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND IMPLEMENTATION- The Board shall--CommentsClose CommentsPermalink





`(A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under subsections (d) and (f) of section 1016;CommentsClose CommentsPermalink





`(B) review the implementation of new and existing legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under subsections (d) and (f) of section 1016;CommentsClose CommentsPermalink





`(C) advise the President and the departments, agencies, and elements of the executive branch to ensure that privacy and civil liberties are appropriately considered in the development and implementation of such legislation, regulations, policies, and guidelines; andCommentsClose CommentsPermalink





`(D) in providing advice on proposals to retain or enhance a particular governmental power, consider whether the department, agency, or element of the executive branch has established--CommentsClose CommentsPermalink





`(i) that the need for the power is balanced with the need to protect privacy and civil liberties;CommentsClose CommentsPermalink





`(ii) that there is adequate supervision of the use by the executive branch of the power to ensure protection of privacy and civil liberties; andCommentsClose CommentsPermalink





`(iii) that there are adequate guidelines and oversight to properly confine its use.CommentsClose CommentsPermalink





`(2) OVERSIGHT- The Board shall continually review--CommentsClose CommentsPermalink





`(A) the regulations, policies, and procedures, and the implementation of the regulations, policies, and procedures, of the departments, agencies, and elements of the executive branch to ensure that privacy and civil liberties are protected;CommentsClose CommentsPermalink





`(B) the information sharing practices of the departments, agencies, and elements of the executive branch to determine whether they appropriately protect privacy and civil liberties and adhere to the information sharing guidelines issued or developed under subsections (d) and (f) of section 1016 and to other governing laws, regulations, and policies regarding privacy and civil liberties; andCommentsClose CommentsPermalink





`(C) other actions by the executive branch related to efforts to protect the Nation from terrorism to determine whether such actions--CommentsClose CommentsPermalink





`(i) appropriately protect privacy and civil liberties; andCommentsClose CommentsPermalink





`(ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties.CommentsClose CommentsPermalink





`(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFICERS- The Board shall--CommentsClose CommentsPermalink





`(A) review and assess reports and other information from privacy officers and civil liberties officers under section 1062;CommentsClose CommentsPermalink





`(B) when appropriate, make recommendations to such privacy officers and civil liberties officers regarding their activities; andCommentsClose CommentsPermalink





`(C) when appropriate, coordinate the activities of such privacy officers and civil liberties officers on relevant interagency matters.CommentsClose CommentsPermalink





`(4) TESTIMONY- The members of the Board shall appear and testify before Congress upon request.CommentsClose CommentsPermalink





`(e) Reports-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Board shall--CommentsClose CommentsPermalink





`(A) receive and review reports from privacy officers and civil liberties officers under section 1062; andCommentsClose CommentsPermalink





`(B) periodically submit, not less than semiannually, reports--CommentsClose CommentsPermalink





`(i)(I) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House 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; andCommentsClose CommentsPermalink





`(II) to the President; andCommentsClose CommentsPermalink





`(ii) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.CommentsClose CommentsPermalink





`(2) CONTENTS- Not less than 2 reports submitted each year under paragraph (1)(B) shall include--CommentsClose CommentsPermalink





`(A) a description of the major activities of the Board during the preceding period;CommentsClose CommentsPermalink





`(B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);CommentsClose CommentsPermalink





`(C) the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);CommentsClose CommentsPermalink





`(D) each proposal reviewed by the Board under subsection (d)(1) that--CommentsClose CommentsPermalink





`(i) the Board advised against implementation; andCommentsClose CommentsPermalink





`(ii) notwithstanding such advice, actions were taken to implement; andCommentsClose CommentsPermalink





`(E) for the preceding period, any requests submitted under subsection (g)(1)(D) for the issuance of subpoenas that were modified or denied by the Attorney General.CommentsClose CommentsPermalink





`(f) Informing the Public- The Board shall--CommentsClose CommentsPermalink





`(1) make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; andCommentsClose CommentsPermalink





`(2) hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law.CommentsClose CommentsPermalink





`(g) Access to Information-CommentsClose CommentsPermalink





`(1) AUTHORIZATION- If determined by the Board to be necessary to carry out its responsibilities under this section, the Board is authorized to--CommentsClose CommentsPermalink





`(A) have access from any department, agency, or element of the executive branch, or any Federal officer or employee, to all relevant records, reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified information consistent with applicable law;CommentsClose CommentsPermalink





`(B) interview, take statements from, or take public testimony from personnel of any department, agency, or element of the executive branch, or any Federal officer or employee;CommentsClose CommentsPermalink





`(C) request information or assistance from any State, tribal, or local government; andCommentsClose CommentsPermalink





`(D) at the direction of a majority of the members of the Board, submit a written request to the Attorney General of the United States that the Attorney General require, by subpoena, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence.CommentsClose CommentsPermalink





`(2) REVIEW OF SUBPOENA REQUEST-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(D), the Attorney General shall--CommentsClose CommentsPermalink





`(i) issue the subpoena as requested; orCommentsClose CommentsPermalink





`(ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied.CommentsClose CommentsPermalink





`(B) NOTIFICATION- If a subpoena request is modified or denied under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.CommentsClose CommentsPermalink





`(3) ENFORCEMENT OF SUBPOENA- In the case of contumacy or failure to obey a subpoena issued pursuant to paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena.CommentsClose CommentsPermalink





`(4) AGENCY COOPERATION- Whenever information or assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report the circumstances to the head of the department, agency, or element concerned without delay. The head of the department, agency, or element concerned shall ensure that the Board is given access to the information, assistance, material, or personnel the Board determines to be necessary to carry out its functions.CommentsClose CommentsPermalink





`(h) Membership-CommentsClose CommentsPermalink





`(1) MEMBERS- The Board shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) TERM- Each member of the Board shall serve a term of 6 years, except that--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; orCommentsClose CommentsPermalink





`(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted; andCommentsClose CommentsPermalink





`(C) the members first appointed under this subsection after the date of enactment of the Improving America's Security Act of 2007 shall serve terms of two, three, four, five, and six years, respectively, with the term of each such member to be designated by the President.CommentsClose CommentsPermalink





`(5) QUORUM AND MEETINGS- After its initial meeting, 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.CommentsClose CommentsPermalink





`(i) Compensation and Travel Expenses-CommentsClose CommentsPermalink





`(1) COMPENSATION-CommentsClose CommentsPermalink





`(A) CHAIRMAN- The chairman of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code.CommentsClose CommentsPermalink





`(B) MEMBERS- Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Board.CommentsClose CommentsPermalink





`(2) TRAVEL EXPENSES- Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Government under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board.CommentsClose CommentsPermalink





`(j) Staff-CommentsClose CommentsPermalink





`(1) APPOINTMENT AND COMPENSATION- The chairman of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a full-time executive director and such other personnel as may be necessary to enable the Board to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.CommentsClose CommentsPermalink





`(2) DETAILEES- Any Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee's regular employment without interruption.CommentsClose CommentsPermalink





`(3) CONSULTANT SERVICES- The Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.CommentsClose CommentsPermalink





`(k) Security Clearances- The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements.CommentsClose CommentsPermalink





`(l) Treatment as Agency, Not as Advisory Committee- The Board--CommentsClose CommentsPermalink





`(1) is an agency (as defined in section 551(1) of title 5, United States Code); andCommentsClose CommentsPermalink





`(2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).CommentsClose CommentsPermalink





`(m) Authorization of Appropriations- There are authorized to be appropriated to carry out this section amounts as follows:CommentsClose CommentsPermalink





`(1) For fiscal year 2008, $5,000,000.CommentsClose CommentsPermalink





`(2) For fiscal year 2009, $6,650,000.CommentsClose CommentsPermalink





`(3) For fiscal year 2010, $8,300,000.CommentsClose CommentsPermalink





`(4) For fiscal year 2011, $10,000,000.CommentsClose CommentsPermalink





`(5) For fiscal year 2012, and each fiscal year thereafter, such sums as may be necessary.'.CommentsClose CommentsPermalink





(b) Continuation of Service of Current Members of Privacy and Civil Liberties Board- The members of the Privacy and Civil Liberties Oversight Board as of the date of enactment of this Act may continue to serve as members of that Board after that date, and to carry out the functions and exercise the powers of that Board as specified in section 1061 of the National Security Intelligence Reform Act of 2004 (as amended by subsection (a)), until--CommentsClose CommentsPermalink





(1) in the case of any individual serving as a member of the Board under an appointment by the President, by and with the advice and consent of the Senate, the expiration of a term designated by the President under section 1061(h)(4)(C) of such Act (as so amended);CommentsClose CommentsPermalink





(2) in the case of any individual serving as a member of the Board other than under an appointment by the President, by and with the advice and consent of the Senate, the confirmation or rejection by the Senate of that member's nomination to the Board under such section 1061 (as so amended), except that no such individual may serve as a member under this paragraph--CommentsClose CommentsPermalink





(A) for more than 60 days when Congress is in session unless a nomination of that individual to be a member of the Board has been submitted to the Senate; orCommentsClose CommentsPermalink





(B) after the adjournment sine die of the session of the Senate in which such nomination is submitted; orCommentsClose CommentsPermalink





(3) the appointment of members of the Board under such section 1061 (as so amended), except that no member may serve under this paragraph--CommentsClose CommentsPermalink





(A) for more than 60 days when Congress is in session unless a nomination to fill the position on the Board shall have been submitted to the Senate; orCommentsClose CommentsPermalink





(B) after the adjournment sine die of the session of the Senate in which such nomination is submitted.CommentsClose CommentsPermalink

SEC. 5602. PRIVACY AND CIVIL LIBERTIES OFFICERS.

(a) In General- Section 1062 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3688) is amended to read as follows:CommentsClose CommentsPermalink

`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 Director of National Intelligence, the Director of the Central Intelligence Agency, and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board under section 1061 to be appropriate for coverage under this section shall designate not less than 1 senior officer to--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A) that the need for the power is balanced with the need to protect privacy and civil liberties;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(C) that there are adequate guidelines and oversight to properly confine its use.CommentsClose CommentsPermalink





`(b) Exception to Designation Authority-CommentsClose CommentsPermalink





`(1) PRIVACY OFFICERS- In any department, agency, or element referred to in subsection (a) or designated by the Privacy and Civil Liberties Oversight Board, which has a statutorily created privacy officer, such officer shall perform the functions specified in subsection (a) with respect to privacy.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(c) Supervision and Coordination- Each privacy officer or civil liberties officer described in subsection (a) or (b) shall--CommentsClose CommentsPermalink





`(1) report directly to the head of the department, agency, or element concerned; andCommentsClose CommentsPermalink





`(2) coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort.CommentsClose CommentsPermalink





`(d) Agency Cooperation- The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer--CommentsClose CommentsPermalink





`(1) has the information, material, and resources necessary to fulfill the functions of such officer;CommentsClose CommentsPermalink





`(2) is advised of proposed policy changes;CommentsClose CommentsPermalink





`(3) is consulted by decision makers; andCommentsClose CommentsPermalink





`(4) is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(f) Periodic Reports-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(A)(i) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of 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;CommentsClose CommentsPermalink





`(ii) to the head of such department, agency, or element; andCommentsClose CommentsPermalink





`(iii) to the Privacy and Civil Liberties Oversight Board; andCommentsClose CommentsPermalink





`(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.CommentsClose CommentsPermalink





`(2) CONTENTS- Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including--CommentsClose CommentsPermalink





`(A) information on the number and types of reviews undertaken;CommentsClose CommentsPermalink





`(B) the type of advice provided and the response given to such advice;CommentsClose CommentsPermalink





`(C) the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; andCommentsClose CommentsPermalink





`(D) a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer.CommentsClose CommentsPermalink





`(g) Informing the Public- Each privacy officer and civil liberties officer shall--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of contents for the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is amended by striking the item relating to section 1062 and inserting the following new item:CommentsClose CommentsPermalink





`Sec. 1062. Privacy and civil liberties officers.'.CommentsClose CommentsPermalink

SEC. 5603. DEPARTMENT PRIVACY OFFICER.

Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended--CommentsClose CommentsPermalink





(1) by inserting `(a) Appointment and Responsibilities- ' before `The Secretary'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(b) Authority To Investigate-CommentsClose CommentsPermalink





`(1) IN GENERAL- The senior official appointed under subsection (a) may--CommentsClose CommentsPermalink





`(A) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section;CommentsClose CommentsPermalink





`(B) make such investigations and reports relating to the administration of the programs and operations of the Department that are necessary or desirable as determined by that senior official;CommentsClose CommentsPermalink





`(C) subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; andCommentsClose CommentsPermalink





`(D) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(3) EFFECT OF OATHS- Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office.CommentsClose CommentsPermalink





`(c) Supervision and Coordination-CommentsClose CommentsPermalink





`(1) IN GENERAL- The senior official appointed under subsection (a) shall--CommentsClose CommentsPermalink





`(A) report to, and be under the general supervision of, the Secretary; andCommentsClose CommentsPermalink





`(B) coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.CommentsClose CommentsPermalink





`(2) NOTIFICATION TO CONGRESS ON REMOVAL- If the Secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall--CommentsClose CommentsPermalink





`(A) promptly submit a written notification of the removal or transfer to Houses of Congress; andCommentsClose CommentsPermalink





`(B) include in any such notification the reasons for the removal or transfer.CommentsClose CommentsPermalink





`(d) Reports by Senior Official to Congress- The senior official appointed under subsection (a) shall--CommentsClose CommentsPermalink





`(1) submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; andCommentsClose CommentsPermalink





`(2) inform the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than--CommentsClose CommentsPermalink





`(A) 30 days after the Secretary disapproves the senior official's request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; orCommentsClose CommentsPermalink





`(B) 45 days after the senior official's request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary.'.CommentsClose CommentsPermalink

SEC. 5604. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.

(a) Short Title- This section may be cited as the `Federal Agency Data Mining Reporting Act of 2007'.CommentsClose CommentsPermalink





(b) Definitions- In this section:CommentsClose CommentsPermalink





(1) DATA MINING- The term `data mining' means a query, search, or other analysiprogram involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where--CommentsClose CommentsPermalink





(A) a department or agency of the Federal Government, or a non-Federal entity acting on behalf of the Federal Government, is conducting the query, search, or other analysiies, searches, or other analyses to discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity on thepart of any individual or individuals; and(B) the query, search, or other analysis does part of any individual or individuals;CommentsClose CommentsPermalink





(B) the queries, searches, or other analyses are not subject-based and do not use personal identifiers of a specific individual, or inputs associated with a specific individual or group of individuals, to retrieve information from the database or databases; andCommentsClose CommentsPermalink





(C) the purpose of the queries, searches, or other analyses is not solely--CommentsClose CommentsPermalink





(i) the detection of fraud, waste, or abuse in a Government agency or program; orCommentsClose CommentsPermalink





(ii) the security of a Government computer system.CommentsClose CommentsPermalink





(2) DATABASE- The term `database' does not include telephone directories, news reporting, information publicly available to any member of the public without payment of a fee, or databases of judicial and administrative opinions or other legal research sources.CommentsClose CommentsPermalink





(c) Reports on Data Mining Activities by Federal Agencies-CommentsClose CommentsPermalink





(1) IN GENERAL- Subsection (d) of this section shall have no force or effect.CommentsClose CommentsPermalink





(2) REPORTS-CommentsClose CommentsPermalink





(A) REQUIREMENT FOR REPORT- The head of each department or agency of the Federal Government that is engaged in any activity to use or develop data mining shall submit a report to Congress on all such activities of the department or agency under the jurisdiction of that official. The report shall be produced in coordination with the privacy officer of that department or agency, if applicable, and shall be made available to the public, except for an annex described in subparagraph (C).CommentsClose CommentsPermalink





(B) CONTENT OF REPORT- Each report submitted under subparagraph (A) shall include, for each activity to use or develop data mining, the following information:CommentsClose CommentsPermalink





(i) A thorough description of the data mining activity, its goals, and, where appropriate, the target dates for the deployment of the data mining activity.CommentsClose CommentsPermalink





(ii) A thorough description of the data mining technology that is being used or will be used, including the basis for determining whether a particular pattern or anomaly is indicative of terrorist or criminal activity.CommentsClose CommentsPermalink





(iii) A thorough description of the data sources that are being or will be used.CommentsClose CommentsPermalink





(iv) An assessment of the efficacy or likely efficacy of the data mining activity in providing accurate information consistent with and valuable to the stated goals and plans for the use or development of the data mining activity.CommentsClose CommentsPermalink





(v) An assessment of the impact or likely impact of the implementation of the data mining activity on the privacy and civil liberties of individuals, including a thorough description of the actions that are being taken or will be taken with regard to the property, privacy, or other rights or privileges of any individual or individuals as a result of the implementation of the data mining activity.CommentsClose CommentsPermalink





(vi) A list and analysis of the laws and regulations that govern the information being or to be collected, reviewed, gathered, analyzed, or used in conjunction with the data mining activity, to the extent applicable in the context of the data mining activity.CommentsClose CommentsPermalink





(vii) A thorough discussion of the policies, procedures, and guidelines that are in place or that are to be developed and applied in the use of such data mining activity in order to--CommentsClose CommentsPermalink





(I) protect the privacy and due process rights of individuals, such as redress procedures; andCommentsClose CommentsPermalink





(II) ensure that only accurate and complete information is collected, reviewed, gathered, analyzed, or used, and guard against any harmful consequences of potential inaccuracies.CommentsClose CommentsPermalink





(C) ANNEX-CommentsClose CommentsPermalink





(i) IN GENERAL- A report under subparagraph (A) shall include in an annex any necessary--CommentsClose CommentsPermalink





(I) classified information;CommentsClose CommentsPermalink





(II) law enforcement sensitive information;CommentsClose CommentsPermalink





(III) proprietary business information; orCommentsClose CommentsPermalink





(IV) trade secrets (as that term is defined in section 1839 of title 18, United States Code).CommentsClose CommentsPermalink





(ii) AVAILABILITY- Any annex described in clause (i)--CommentsClose CommentsPermalink





(I) shall be available, as appropriate, and consistent with the National Security Act of 1947 (50 U.S.C. 401 et seq.), to the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; andCommentsClose CommentsPermalink





(II) shall not be made available to the public.CommentsClose CommentsPermalink





(D) TIME FOR REPORT- Each report required under subparagraph (A) shall be--CommentsClose CommentsPermalink





(i) submitted not later than 180 days after the date of enactment of this Act; andCommentsClose CommentsPermalink





(ii) updated not less frequently than annually thereafter, to include any activity to use or develop data mining engaged in after the date of the prior report submitted under subparagraph (A).CommentsClose CommentsPermalink





(d) Reports on Data Mining Activities by Federal Agencies-CommentsClose CommentsPermalink





(1) REQUIREMENT FOR REPORT- The head of each department or agency of the Federal Government that is engaged in any activity to use or develop data mining shall submit a report to Congress on all such activities of the department or agency under the jurisdiction of that official. The report shall be made available to the public, except for a classified annex described paragraph (2)(H).CommentsClose CommentsPermalink





(2) CONTENT OF REPORT- Each report submitted under paragraph (1) shall include, for each activity to use or develop data mining, the following information:CommentsClose CommentsPermalink





(A) A thorough description of the data mining activity, its goals, and, where appropriate, the target dates for the deployment of the data mining activity.CommentsClose CommentsPermalink





(B) A thorough description, without revealing existing patents, proprietary business processes, trade secrets, and intelligence sources and methods, of the data mining technology that is being used or will be used, including the basis for determining whether a particular pattern or anomaly is indicative of terrorist or criminal activity.CommentsClose CommentsPermalink





(C) A thorough description of the data sources that are being or will be used.CommentsClose CommentsPermalink





(D) An assessment of the efficacy or likely efficacy of the data mining activity in providing accurate information consistent with and valuable to the stated goals and plans for the use or development of the data mining activity.CommentsClose CommentsPermalink





(E) An assessment of the impact or likely impact of the implementation of the data mining activity on the privacy and civil liberties of individuals, including a thorough description of the actions that are being taken or will be taken with regard to the property, privacy, or other rights or privileges of any individual or individuals as a result of the implementation of the data mining activity.CommentsClose CommentsPermalink





(F) A list and analysis of the laws and regulations that govern the information being or to be collected, reviewed, gathered, analyzed, or used with the data mining activity.CommentsClose CommentsPermalink





(G) A thorough discussion of the policies, procedures, and guidelines that are in place or that are to be developed and applied in the use of such technology for data mining in order to--CommentsClose CommentsPermalink





(i) protect the privacy and due process rights of individuals, such as redress procedures; andCommentsClose CommentsPermalink





(ii) ensure that only accurate information is collected, reviewed, gathered, analyzed, or used.CommentsClose CommentsPermalink





(H) Any necessary classified information in an annex that shall be available, as appropriate, to the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the Committee on Appropriations of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink





(3) TIME FOR REPORT- Each report required under paragraph (1) shall be--CommentsClose CommentsPermalink





(A) submitted not later than 180 days after the date of enactment of this Act; andCommentsClose CommentsPermalink





(B) updated not less frequently than annually thereafter, to include any activity to use or develop data mining engaged in after the date of the prior report submitted under paragraph (1).CommentsClose CommentsPermalink

TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

SEC. 6701. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

(a) In General- Title III of the Homeland Security Act of 2002 (6 U.S.C. et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

`(a) Definitions- In this section--CommentsClose CommentsPermalink





`(1) the term `biological event of national significance' means--CommentsClose CommentsPermalink





`(A) an act of terrorism that uses a biological agent, toxin, or other product derived from a biological agent; orCommentsClose CommentsPermalink





`(B) a naturally-occurring outbreak of an infectious disease that may result in a national epidemic;CommentsClose CommentsPermalink





`(2) the term `Member Agencies' means the departments and agencies described in subsection (d)(1);CommentsClose CommentsPermalink





`(3) the term `NBIC' means the National Biosurveillance Integration Center established under subsection (b);CommentsClose CommentsPermalink





`(4) the term `NBIS' means the National Biosurveillance Integration System established under subsection (b); andCommentsClose CommentsPermalink





`(5) the term `Privacy Officer' means the Privacy Officer appointed under section 222.CommentsClose CommentsPermalink





`(b) Establishment- The Secretary shall establish, operate, and maintain a National Biosurveillance Integration Center, headed by a Directing Officer, under an existing office or directorate of the Department, subject to the availability of appropriations, to oversee development and operation of the National Biosurveillance Integration System.CommentsClose CommentsPermalink





`(c) Primary Mission- The primary mission of the NBIC is to enhance the capability of the Federal Government to--CommentsClose CommentsPermalink





`(1) rapidly identify, characterize, localize, and track a biological event of national significance by integrating and analyzing data from human health, animal, plant, food, and environmental monitoring systems (both national and international); andCommentsClose CommentsPermalink





`(2) disseminate alerts and other information regarding such data analysis to Member Agencies and, in consultation with relevant member agencies, to agencies of State, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national significance.CommentsClose CommentsPermalink





`(d) Requirements- The NBIC shall design the NBIS to detect, as early as possible, a biological event of national significance that presents a risk to the United States or the infrastructure or key assets of the United States, including--CommentsClose CommentsPermalink





`(1) if a Federal department or agency, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the NBIC, consolidating data from all relevant surveillance systems maintained by that department or agency to detect biological events of national significance across human, animal, and plant species;CommentsClose CommentsPermalink





`(2) seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps;CommentsClose CommentsPermalink





`(3) using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national significance in as close to real-time as is practicable;CommentsClose CommentsPermalink





`(4) providing the infrastructure for such integration, including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data;CommentsClose CommentsPermalink





`(5) working with Member Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; andCommentsClose CommentsPermalink





`(6) alerting relevant Member Agencies and, in consultation with relevant Member Agencies, public health agencies of State, local, and tribal governments regarding any incident that could develop into a biological event of national significance.CommentsClose CommentsPermalink





`(e) Responsibilities of the Secretary-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





`(A) ensure that the NBIC is fully operational not later than September 30, 2008;CommentsClose CommentsPermalink





`(B) not later than 180 days after the date of enactment of this section and on the date that the NBIC is fully operational, submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the progress of making the NBIC operational addressing the efforts of the NBIC to integrate surveillance efforts of Federal, State, local, and tribal governments.CommentsClose CommentsPermalink





`(f) Responsibilities of the Directing Officer of the NBIC-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Directing Officer of the NBIC shall--CommentsClose CommentsPermalink





`(A) establish an entity to perform all operations and assessments related to the NBIS;CommentsClose CommentsPermalink





`(B) on an ongoing basis, monitor the availability and appropriateness of contributing surveillance systems and solicit new surveillance systems that would enhance biological situational awareness or overall performance of the NBIS;CommentsClose CommentsPermalink





`(C) on an ongoing basis, review and seek to improve the statistical and other analytical methods utilized by the NBIS;CommentsClose CommentsPermalink





`(D) receive and consider other relevant homeland security information, as appropriate; andCommentsClose CommentsPermalink





`(E) provide technical assistance, as appropriate, to all Federal, regional, State, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the NBIS.CommentsClose CommentsPermalink





`(2) ASSESSMENTS- The Directing Officer of the NBIC shall--CommentsClose CommentsPermalink





`(A) on an ongoing basis, evaluate available data for evidence of a biological event of national significance; andCommentsClose CommentsPermalink





`(B) integrate homeland security information with NBIS data to provide overall situational awareness and determine whether a biological event of national significance has occurred.CommentsClose CommentsPermalink





`(3) INFORMATION SHARING-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Directing Officer of the NBIC shall--CommentsClose CommentsPermalink





`(i) establish a method of real-time communication with the National Operations Center, to be known as the Biological Common Operating Picture;CommentsClose CommentsPermalink





`(ii) in the event that a biological event of national significance is detected, notify the Secretary and disseminate results of NBIS assessments related to that biological event of national significance to appropriate Federal response entities and, in consultation with relevant member agencies, regional, State, local, and tribal governmental response entities in a timely manner;CommentsClose CommentsPermalink





`(iii) provide any report on NBIS assessments to Member Agencies and, in consultation with relevant member agencies, any affected regional, State, local, or tribal government, and any private sector entity considered appropriate that may enhance the mission of such Member Agencies, governments, or entities or the ability of the Nation to respond to biological events of national significance; andCommentsClose CommentsPermalink





`(iv) share NBIS incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of that environment.CommentsClose CommentsPermalink





`(B) COORDINATION- The Directing Officer of the NBIC shall implement the activities described in subparagraph (A) in coordination with the program manager for the information sharing environment of the Office of the Director of National Intelligence, the Under Secretary for Intelligence and Analysis, and other offices or agencies of the Federal Government, as appropriate.CommentsClose CommentsPermalink





`(g) Responsibilities of the NBIC Member Agencies-CommentsClose CommentsPermalink





`(1) IN GENERAL- Each Member Agency shall--CommentsClose CommentsPermalink





`(A) use its best efforts to integrate biosurveillance information into the NBIS, with the goal of promoting information sharing between Federal, State, local, and tribal governments to detect biological events of national significance;CommentsClose CommentsPermalink





`(B) participate in the formation and maintenance of the Biological Common Operating Picture to facilitate timely and accurate detection and reporting;CommentsClose CommentsPermalink





`(C) connect the biosurveillance data systems of that Member Agency to the NBIC data system under mutually-agreed protocols that maintain patient confidentiality and privacy;CommentsClose CommentsPermalink





`(D) participate in the formation of strategy and policy for the operation of the NBIC and its information sharing; andCommentsClose CommentsPermalink





`(E) provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications of such personnel necessary to provide human, animal, and environmental data analysis and interpretation support to the NBIC.CommentsClose CommentsPermalink





`(h) Administrative Authorities-CommentsClose CommentsPermalink





`(1) HIRING OF EXPERTS- The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIS.CommentsClose CommentsPermalink





`(2) DETAIL OF PERSONNEL- Upon the request of the Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of the personnel of that department or agency to the Department to assist the NBIC in carrying out this section.CommentsClose CommentsPermalink





`(i) Joint Biosurveillance Leadership Council- The Directing Officer of the NBIC shall--CommentsClose CommentsPermalink





`(1) establish an interagency coordination council to facilitate interagency cooperation and to advise the Directing Officer of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; andCommentsClose CommentsPermalink





`(2) invite Member Agencies to serve on such council.CommentsClose CommentsPermalink





`(j) Relationship to Other Departments and Agencies- The authority of the Directing Officer of the NBIC under this section shall not affect any authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency.CommentsClose CommentsPermalink





`(k) Authorization of Appropriations- There are authorized to be appropriated such sums as are necessary to carry out this section.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 315 the following:CommentsClose CommentsPermalink





`Sec. 316. National Biosurveillance Integration Center.'.CommentsClose CommentsPermalink

SEC. 6702. BIOSURVEILLANCE EFFORTS.

The Comptroller General of the United States shall submit a report to Congress describing--CommentsClose CommentsPermalink





(1) the state of Federal, State, local, and tribal government biosurveillance efforts as of the date of such report;CommentsClose CommentsPermalink





(2) any duplication of effort at the Federal, State, local, or tribal government level to create biosurveillance systems; andCommentsClose CommentsPermalink





(3) the integration of biosurveillance systems to allow the maximizing of biosurveillance resources and the expertise of Federal, State, local, and tribal governments to benefit public health.CommentsClose CommentsPermalink

SEC. 6703. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.

(a) In General- The Homeland Security Act of 2002 is amended by adding after section 1906, as redesignated by section 203 of this Act, the following:CommentsClose CommentsPermalink

`SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL NUCLEAR DETECTION ARCHITECTURE.

`(a) Annual Review-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary, the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of National Intelligence shall jointly ensure interagency coordination on the development and implementation of the global nuclear detection architecture by ensuring that, not less frequently than once each year--CommentsClose CommentsPermalink





`(A) each relevant agency, office, or entity--CommentsClose CommentsPermalink





`(i) assesses its involvement, support, and participation in the development, revision, and implementation of the global nuclear detection architecture;CommentsClose CommentsPermalink





`(ii) examines and evaluates components of the global nuclear detection architecture (including associated strategies and acquisition plans) that are related to the operations of that agency, office, or entity, to determine whether such components incorporate and address current threat assessments, scenarios, or intelligence analyses developed by the Director of National Intelligence or other agencies regarding threats related to nuclear or radiological weapons of mass destruction; andCommentsClose CommentsPermalink





`(B) each agency, office, or entity deploying or operating any technology acquired by the Office--CommentsClose CommentsPermalink





`(i) evaluates the deployment and operation of that technology by that agency, office, or entity;CommentsClose CommentsPermalink





`(ii) identifies detection performance deficiencies and operational or technical deficiencies in that technology; andCommentsClose CommentsPermalink





`(iii) assesses the capacity of that agency, office, or entity to implement the responsibilities of that agency, office, or entity under the global nuclear detection architecture.CommentsClose CommentsPermalink





`(2) TECHNOLOGY- Not less frequently than once each year, the Secretary shall examine and evaluate the development, assessment, and acquisition of technology by the Office.CommentsClose CommentsPermalink





`(b) Annual Report-CommentsClose CommentsPermalink





`(1) IN GENERAL- Not later than March 31 of each year, the Secretary, in coordination with the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of National Intelligence, shall submit a report regarding the compliance of such officials with this section and the results of the reviews required under subsection (a) to--CommentsClose CommentsPermalink





`(A) the President;CommentsClose CommentsPermalink





`(B) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; andCommentsClose CommentsPermalink





`(C) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives.CommentsClose CommentsPermalink





`(2) FORM- Each report submitted under paragraph (1) shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex.CommentsClose CommentsPermalink





`(c) Definition- In this section, the term `global nuclear detection architecture' means the global nuclear detection architecture developed under section 1902.'.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by inserting after the item relating to section 1906, as added by section 203 of this Act, the following:CommentsClose CommentsPermalink





`Sec. 1907. Joint annual review of global nuclear detection architecture.'.CommentsClose CommentsPermalink

TITLE VIII--PRIVATE SECTOR PREPAREDNESS

SEC. 7801. DEFINITIONS.

(a) In General- In this title, the term `voluntary national preparedness standards' has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101), as amended by this Act.CommentsClose CommentsPermalink





(b) Homeland Security Act of 2002- Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(17) The term `voluntary national preparedness standards' means a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute's National Fire Protection Association Standard on Disaster/Emergency Management and Business Continuity Programs (ANSI/NFPA 1600).'.CommentsClose CommentsPermalink

SEC. 7802. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE DEPARTMENT.

(a) In General- Section 102(f) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (7) the following:CommentsClose CommentsPermalink





`(8) providing information to the private sector regarding voluntary national preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary national preparedness standards;'.CommentsClose CommentsPermalink





(b) Private Sector Advisory Councils- Section 102(f)(4) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking `and' at the end;CommentsClose CommentsPermalink





(2) in subparagraph (B), by adding `and' at the end; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





`(C) advise the Secretary on private sector preparedness issues, including effective methods for--CommentsClose CommentsPermalink





`(i) promoting voluntary national preparedness standards to the private sector;CommentsClose CommentsPermalink





`(ii) assisting the private sector in adopting voluntary national preparedness standards; andCommentsClose CommentsPermalink





`(iii) developing and implementing the accreditation and certification program under section 522;'.CommentsClose CommentsPermalink

SEC. 7803. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE; ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE SECTOR.

(a) In General- Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:CommentsClose CommentsPermalink

`SEC. 522. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE; ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE SECTOR.

`(a) Accreditation and Certification Program- Not later than 120 days after the date of enactment of this section, the Secretary, in consultation with representatives of the organizations that coordinate or facilitate the development of and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, and each private sector advisory council created under section 102(f)(4), and appropriate private sector advisory groups such as sector coordinating councils and information sharing and analysis centers, shall--CommentsClose CommentsPermalink





`(1) support the development, promulgating, and updating, as necessary, of voluntary national preparedness standards; andCommentsClose CommentsPermalink





`(2) develop, implement, and promote a program to certify the preparedness of private sector entities.CommentsClose CommentsPermalink





`(b) Program Elements-CommentsClose CommentsPermalink





`(1) IN GENERAL-CommentsClose CommentsPermalink





`(A) PROGRAM- The program developed and implemented under this section shall assess whether a private sector entity complies with voluntary national preparedness standards.CommentsClose CommentsPermalink





`(B) GUIDELINES- In developing the program under this section, the Secretary shall develop guidelines for the accreditation and certification processes established under this section.CommentsClose CommentsPermalink





`(2) STANDARDS- The Secretary, in consultation with the American National Standards Institute and representatives of appropriaterepresentatives of organizations that coordinate or facilitate the development of and use of voluntary consensus standards development organizations andrepresentatives of appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 102(f)(4), and appropriate private sector advisory groups such as sector coordinating councils and information sharing and analysis centers--CommentsClose CommentsPermalink





`(A) shall adopt appropriate voluntary national preparedness standards that promote preparedness, which shall be used in the accreditation and certification program under this section; andCommentsClose CommentsPermalink





`(B) after the adoption of standards under subparagraph (A), may adopt additional voluntary national preparedness standards or modify or discontinue the use of voluntary national preparedness standards for the accreditation and certification program, as necessary and appropriate to promote preparedness.CommentsClose CommentsPermalink





`(3) TIERING- The certification program developed under this section may use a multiple-tiered system to rate the preparedness of a private sector entity.CommentsClose CommentsPermalink





`(4) SMALL BUSINESS CONCERNS- The Secretary and any selected entity shall establish separate classifications and methods of certification for small business concerns (as that term is defined in section 3 of the Small Business Act (15 U.S.C. 632)) for the program under this section.CommentsClose CommentsPermalink





`(5) CONSIDERATIONS- In developing and implementing the program under this section, the Secretary shall--CommentsClose CommentsPermalink





`(A) consider the needs of the insurance industry, the credit-ratings industry, and other industries that may consider preparedness of private sector entities, to assess the preparedness of private sector entities; and`(B) ensure the program accommodates those needs where appropriate and feasibleunique nature of various sectors within the private sector, including preparedness, business continuity standards, or best practices, established--CommentsClose CommentsPermalink





`(i) under any other provision of Federal law; orCommentsClose CommentsPermalink





`(ii) by any sector-specific agency, as defined under Homeland Security Presidential Directive-7; andCommentsClose CommentsPermalink





`(B) coordinate the program, as appropriate, with--CommentsClose CommentsPermalink





`(i) other Department private sector related programs; andCommentsClose CommentsPermalink





`(ii) preparedness and business continuity programs in other Federal agencies.CommentsClose CommentsPermalink





`(c) Accreditation and Certification Processes-CommentsClose CommentsPermalink





`(1) AGREEMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 120 days after the date of enactment of this section, the Secretary shall enter into 1 or more agreements with the American National Standards Institute or other similarly qualified nongovernmental or other private sector entities to carry out accreditations and oversee the certification process under this section.CommentsClose CommentsPermalink





`(B) CONTENTS- Any selected entity shall manage the accreditation process and oversee the certification process in accordance with the program established under this section and accredit qualified third parties to carry out the certification program established under this section.CommentsClose CommentsPermalink





`(2) PROCEDURES AND REQUIREMENTS FOR ACCREDITATION AND CERTIFICATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The selected entities shall collaborate to develop procedures and requirements for the accreditation and certification processes under this section, in accordance with the program established under this section and guidelines developed under subsection (b)(1)(B).CommentsClose CommentsPermalink





`(B) CONTENTS AND USE- The procedures and requirements developed under subparagraph (A) shall--CommentsClose CommentsPermalink





`(i) ensure reasonable uniformity in the accreditation and certification processes if there is more than 1 selected entity; andCommentsClose CommentsPermalink





`(ii) be used by any selected entity in conducting accreditations and overseeing the certification process under this section.CommentsClose CommentsPermalink





`(C) DISAGREEMENT- Any disagreement among selected entities in developing procedures under subparagraph (A) shall be resolved by the Secretary.CommentsClose CommentsPermalink





`(3) DESIGNATION- A selected entity may accredit any qualified third party to carry out the certification process under this section.CommentsClose CommentsPermalink





`(4) THIRD PARTIES- To be accredited under paragraph (3), a third party shall--CommentsClose CommentsPermalink





`(A) demonstrate that the third party has the ability to certify private sector entities in accordance with the procedures and requirements developed under paragraph (2);CommentsClose CommentsPermalink





`(B) agree to perform certifications in accordance with such procedures and requirements;CommentsClose CommentsPermalink





`(C) agree not to have any beneficial interest in or any direct or indirect control over--CommentsClose CommentsPermalink





`(i) a private sector entity for which that third party conducts a certification under this section; orCommentsClose CommentsPermalink





`(ii) any organization that provides preparedness consulting services to private sector entities;CommentsClose CommentsPermalink





`(D) agree not to have any other conflict of interest with respect to any private sector entity for which that third party conducts a certification under this section;CommentsClose CommentsPermalink





`(E) maintain liability insurance coverage at policy limits in accordance with the requirements developed under paragraph (2); andCommentsClose CommentsPermalink





`(F) enter into an agreement with the selected entity accrediting that third party to protect any proprietary information of a private sector entity obtained under this section.CommentsClose CommentsPermalink





`(5) MONITORING-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary and any selected entity shall regularly monitor and inspect the operations of any third party conducting certifications under this section to ensure that third party is complying with the procedures and requirements established under paragraph (2) and all other applicable requirements.CommentsClose CommentsPermalink





`(B) REVOCATION- If the Secretary or any selected entity determines that a third party is not meeting the procedures or requirements established under paragraph (2), the appropriate selected entity shall--CommentsClose CommentsPermalink





`(i) revoke the accreditation of that third party to conduct certifications under this section; andCommentsClose CommentsPermalink





`(ii) review any certification conducted by that third party, as necessary and appropriate.CommentsClose CommentsPermalink





`(d) Annual Review-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary, in consultation with representatives of the organizations that coordinate or facilitate the development of and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, and each private sector advisory council created under section 102(f)(4), shall annually review the voluntary accreditation and certification program established under this section to ensure the effectiveness of such program and make improvements and adjustments to the program as necessary and appropriate.CommentsClose CommentsPermalink





`(2) REVIEW OF STANDARDS- Each review under paragraph (1) shall include an assessment of the voluntary national preparedness standards used in the program under this section.CommentsClose CommentsPermalink





`(e) Compliance by Entities Seeking Certification- Any entity seeking certification under this section shall comply with all applicable statutes, regulations, directives, policies, and industry codes of practice in meeting certification requirements.CommentsClose CommentsPermalink





`(f) Voluntary Participation- Certification under this section shall be voluntary for any private sector entity.CommentsClose CommentsPermalink





`(fg) Public Listing- The Secretary shall maintain and make public a listing of any private sector entity certified as being in compliance with the program established under this section, if that private sector entity consents to such listing.CommentsClose CommentsPermalink





`(gh) Definition- In this section, the term `selected entity' means any entity entering an agreement with the Secretary under subsection (c)(1)(A).'.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 521 the following:CommentsClose CommentsPermalink





`Sec. 522. Voluntary national preparedness standards compliance; accreditation and certification program for the private sector.'.CommentsClose CommentsPermalink

SEC. 7804. SENSE OF CONGRESS REGARDING PROMOTING AN INTERNATIONAL STANDARD FOR PRIVATE SECTOR PREPAREDNESS.

It is the sense of Congress that the Secretary or any entity designated under section 522(c)(1)(A) of the Homeland Security Act of 2002, as added by this Act, should promote, where appropriate, efforts to develop a consistent international standard for private sector preparedness.CommentsClose CommentsPermalink

SEC. 705. REPORT TO CONGRESS805. DEMONSTRATION PROJECT.

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report20 days after the date of enactment of this Act, the Secretary shall--CommentsClose CommentsPermalink





(1) establish a demonstration project to conduct demonstrations of security management systems that--CommentsClose CommentsPermalink





(A) shall use a management system standards approach; andCommentsClose CommentsPermalink





(B) may be integrated into quality, safety, environmental and other internationally adopted management systems; andCommentsClose CommentsPermalink





(2) enter into 1 or more agreements with a private sector entity to conduct such demonstrations of security management systems.CommentsClose CommentsPermalink

Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report detailing--CommentsClose CommentsPermalink





(1) any action taken to implement this title or an amendment made by this title; andCommentsClose CommentsPermalink





(2) the status, as of the date of that report, of the implementation of this title and the amendments made by this title.CommentsClose CommentsPermalink

SEC. 706807. RULE OF CONSTRUCTION.

Nothing in this title may be construed to supercede any preparedness or business continuity standards or requirements established under any other provision of Federal law, requirements, or best practices established--CommentsClose CommentsPermalink





(1) under any other provision of Federal law; orCommentsClose CommentsPermalink





(2) by any sector-specific agency, as defined under Homeland Security Presidential Directive-7.CommentsClose CommentsPermalink

TITLE VIIIIX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

SEC. 8901. TRANSPORTATION SECURITY STRATEGIC PLANNING.

(a) In General- Section 114(t)(1)(B) of title 49, United States Code, is amended to read as follows:CommentsClose CommentsPermalink





`(B) transportation modal and intermodal security plans addressing risks, threats, and vulnerabilities for aviation, bridge, tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public transportation infrastructure assets.'.CommentsClose CommentsPermalink





(b) Contents of the National Strategy for Transportation Security- Section 114(t)(3) of such title is amended--CommentsClose CommentsPermalink





(1) in subparagraph (B), by inserting `, based on risk assessments conducted by the Secretary of Homeland Security (including assessments conducted under section 1421 or 1503 of the Improving America's Security Act of 2007 or any provision of law amended by such title),' after `risk based priorities';CommentsClose CommentsPermalink





(2) in subparagraph (D)--CommentsClose CommentsPermalink





(A) by striking `and local' and inserting `, local, and tribal'; andCommentsClose CommentsPermalink





(B) by striking `private sector cooperation and participation' and inserting `cooperation and participation by private sector entities and nonprofit employee labor organizations';CommentsClose CommentsPermalink





(3) in subparagraph (E)--CommentsClose CommentsPermalink





(A) by striking `response' and inserting `prevention, response,'; andCommentsClose CommentsPermalink





(B) by inserting `and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems' before the period at the end;CommentsClose CommentsPermalink





(4) in subparagraph (F), by adding at the end the following: `Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security shall be based on such prioritizationbefore the date of enactment of the Improving America's Security Act of 2007.'; andCommentsClose CommentsPermalink





(5) by adding at the end the following:CommentsClose CommentsPermalink





`(G) Short- and long-term budget recommendations for Federal transportation security programs, which reflect the priorities of the National Strategy for Transportation Security.CommentsClose CommentsPermalink





`(H) Methods for linking the individual transportation modal security plans and the programs contained therein, and a plan for addressing the security needs of intermodal transportation hubs.CommentsClose CommentsPermalink





`(I) Transportation security modal and intermodal plans, including operational recovery plans to expedite, to the maximum extent practicable, the return to operation of an adversely affected transportation system to its normal performance level precedfollowing a major terrorist attack on that system or another catastrophe. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942).'.CommentsClose CommentsPermalink





(c) Periodic Progress Reports- Section 114(t)(4) of such title is amended--CommentsClose CommentsPermalink





(1) in subparagraph (C)--CommentsClose CommentsPermalink





(A) in clause (i), by inserting `, including the transportation modal security plans' before the period at the end; andCommentsClose CommentsPermalink





(B) by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink





`(ii) CONTENT- Each progress report submitted under this subparagraph shall include the following:CommentsClose CommentsPermalink





`(I) Recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.CommentsClose CommentsPermalink





`(II) An accounting of all grants for transportation security, including grants for research and development, distributed by the Secretary of Homeland Security in the most recently concluded fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.CommentsClose CommentsPermalink





`(III) An accounting of all--CommentsClose CommentsPermalink

`(aa) funds requested in the President's budget submitted pursuant to section 1105 of title 31 for the most recently concluded fiscal year for transportation security, by mode; andCommentsClose CommentsPermalink

`(bb) personnel working on transportation security issuesby mode, including the number of contractors.CommentsClose CommentsPermalink

`(iii) WRITTEN EXPLANATION OF TRANSPORTATION SECURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL STRATEGY FOR TRANSPORTATION SECURITY- At the end of each year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a written explanation of any activity inconsistent with, or not clearly delineated in, the National Strategy for Transportation Security, including the amount of funds to be expended for the activity and the number of personnel involved.'; andCommentsClose CommentsPermalink





(2) in subparagraph (E), by striking `Select'.CommentsClose CommentsPermalink





(d) Priority Status- Section 114(t)(5)(B) of such title is amended--CommentsClose CommentsPermalink





(1) in clause (iii), by striking `and' at the end;CommentsClose CommentsPermalink





(2) by redesignating clause (iv) as clause (v); andCommentsClose CommentsPermalink





(3) by inserting after clause (iii) the following:CommentsClose CommentsPermalink





`(iv) the transportation sector specific plan required under Homeland Security Presidential Directive-7; and'.CommentsClose CommentsPermalink





(e) Coordination and Plan Distribution- Section 114(t) of such title is amended by adding at the end the following:CommentsClose CommentsPermalink





`(6) COORDINATION- In carrying out the responsibilities under this section, the Secretary of Homeland Security, in consultation with the Secretary of Transportation, shall consult, as appropriate, with Federal, State, and local agencies, tribal governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and other appropriate entities.`(7) entities.CommentsClose CommentsPermalink





`(7) PLAN DISTRIBUTION- The Secretary of Homeland Security shall providmake available an unclassified version of the National Strategy for Transportation Security, including its component transportation modal security plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector stakeholders (including non-profit employee labor organizations), institutions of higher learning, and other appropriate entities.'.CommentsClose CommentsPermalink

SEC. 8902. TRANSPORTATION SECURITY INFORMATION SHARING.

(a) In General- Section 114 of title 49, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink





`(u) Transportation Security Information Sharing Plan-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT OF PLAN- The Secretary of Homeland Security, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In establishing the plan, the Secretary shall gather input on the development of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).CommentsClose CommentsPermalink





`(2) PURPOSE OF PLAN- The Plan shall promote sharing of transportation security information between the Department of Homeland Security and public and private stakeholders.CommentsClose CommentsPermalink





`(3) CONTENT OF PLAN- The Plan shall include--CommentsClose CommentsPermalink





`(A) a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments;`(B) an assignment of, including coordination with existing modal information sharing centers and the center established under section 1506 of the Improving America's Security Act of 2007;CommentsClose CommentsPermalink





`(B) the establishment of a point of contact, which may be a single point of contact for and within the Department of Homeland Security for its sharing of transportation security information with public and private stakeholders, for each mode of transportation within the Department of Homeland Security for its sharing of transportation security information with public and private stakeholders, including an explanation and justification to the appropriate congressional committees if the point of contact established pursuant to this subparagraph differs from the agency within the Department that has the primary authority, or has been delegated such authority by the Secretary, to regulate the security of that transportation mode;CommentsClose CommentsPermalink





`(C) a demonstration of input on the development of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);`(D) a reasonable deadline by which the Plan will be implemented; andCommentsClose CommentsPermalink





`(ED) a description of resource needs for fulfilling the Plan.CommentsClose CommentsPermalink





`(4) COORDINATION WITH THE INFORMATION SHARING ENVIRONMENT- The Plan shall be--CommentsClose CommentsPermalink





`(A) implemented in coordination with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); andCommentsClose CommentsPermalink





`(B) consistent with and support the establishment of that environment, and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of that environment.CommentsClose CommentsPermalink





`(5) REPORTS TO CONGRESS-CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) ANNUAL REPORT- Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the appropriate congressional committees an annual report on updates to and the implementation of the Plan.CommentsClose CommentsPermalink





`(6) SURVEY-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Secretary shall conduct an annu biennial survey of the satisfaction of each of the recipients of transportation intelligencethe 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 (5)(B).CommentsClose CommentsPermalink





`(B) INFORMATION SOUGHT- The annual survey conducted under subparagraph (A) shall seek information about the quality, speed, regularity, and classification of the transportation security information products disseminated from the Department of Homeland Security to public and private stakeholders.CommentsClose CommentsPermalink





`(7) SECURITY CLEARANCES- The Secretary shall, to the greatest extent practicable, shall facilitatake steps to expedite the security clearances needed for public and private stakeholders to receive and obtain access to classified information distributed under this section as appropriate.CommentsClose CommentsPermalink





`(8) CLASSIFICATION OF MATERIAL- The Secretary, to the greatest extent practicable, shall provide public and private stakeholders with specific and actionable information in an unclassified format.CommentsClose CommentsPermalink





`(9) DEFINITIONS- In this subsection:CommentsClose CommentsPermalink





`(A) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' has the meaning given that term in subsection (t).`(B), but shall also include the Senate Committee on Banking, Housing, and Urban Development.CommentsClose CommentsPermalink





`(B) PLAN- The term `Plan' means the Transportation Security Information Sharing Plan established under paragraph (1).CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(D) SECRETARY- The term `Secretary' means the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(E) TRANSPORTATION SECURITY INFORMATION- The term `transportation security information' means information relating to the threats to and vulnerabilities and consequences ofrisks to transportation modes, including aviation, bridge and tunnel, mass transit, passenger and freight rail, ferry, highway, maritime, pipeline, and over-the-road bus transportation.'.CommentsClose CommentsPermalink





(b) Congressional Oversight of Security Assurance for Public and Private Stakeholders-CommentsClose CommentsPermalink





(1) IN GENERAL- Except as provided in paragraph (2), the Secretary shall provide a semiannual report to the Committee on Homeland Security and Governmental Affairs and the Committee on , the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Development of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives that--CommentsClose CommentsPermalink





(A) identifies the job titles and descriptions of the persons with whom such information is to be shared under the transportation security information sharing plan established under section 114(u) of title 49, United States Code, as added by this Act, and explains the reason for sharing the information with such persons;CommentsClose CommentsPermalink





(B) describes the measures the Secretary has taken, under section 114(u)(7) of that title, or otherwise, to ensure proper treatment and security for any classified information to be shared with the public and private stakeholders under the plan; andCommentsClose CommentsPermalink





(C) explains the reason for the denial of transportation security information to any stakeholder who had previously received such information.CommentsClose CommentsPermalink





(2) NO REPORT REQUIRED IF NO CHANGES IN STAKEHOLDERS- The Secretary is not required to provide a semiannual report under paragraph (1) if no stakeholders have been added to or removed from the group of persons with whom transportation security information is shared under the plan since the end of the period covered by the last preceding semiannual report.CommentsClose CommentsPermalink

SEC. 8903. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT.

(a) TSA Employee Defined- In this section, the term `TSA employee' means an individual who holds--CommentsClose CommentsPermalink





(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 by section 403 of the Homeland Security Act of 2002 (6 U.S.C. 203); orCommentsClose CommentsPermalink





(2) any other position within the Department the duties and responsibilities of which include carrying out 1 or more of the functions that were transferred from the Transportation Security Administration of the Department of Transportation to the Secretary by such section.CommentsClose CommentsPermalink





(b) Elimination of Certain Personnel Management Authorities- Effective 90 days after the date of enactment of this Act--CommentsClose CommentsPermalink





(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 derived from such section 111(d) shall terminate;CommentsClose CommentsPermalink





(2) any personnel management system, to the extent established or modified under such section 111(d) (including by the Secretary through the exercise of any authority derived from such section 111(d)) shall terminate; andCommentsClose CommentsPermalink





(3) the Secretary shall ensure that all TSA employees are subject to the same personnel management system as described in paragraph (1) or (2) of subsection (e).CommentsClose CommentsPermalink





(c) Establishment of Certain Uniformity Requirements-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) SYSTEM UNDER SUBSECTION (e)(2)- Section 9701(b) of title 5, United States Code, is amended--CommentsClose CommentsPermalink





(A) in paragraph (4), by striking `and' at the end;CommentsClose CommentsPermalink





(B) in paragraph (5), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





`(6) provide for the uniform treatment of all TSA employees (as that term is defined in section 8903 of the Improving America's Security Act of 2007).'.CommentsClose CommentsPermalink





(3) EFFECTIVE DATE-CommentsClose CommentsPermalink





(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 enactment of this Act.CommentsClose CommentsPermalink





(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 on the later of 90 days after the date of enactment of this Act and the commencement date of the system involved.CommentsClose CommentsPermalink





(d) Report to Congress-CommentsClose CommentsPermalink





(1) REPORT REQUIRED- Not later than 6 months after the date of enactment of this Act, the Comptroller General of the United States 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--CommentsClose CommentsPermalink





(A) the pay system that applies with respect to TSA employees as of the date of enactment of this Act; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(2) MATTERS FOR INCLUSION- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink





(A) a brief description of each pay system described in paragraphs (1)(A) and (1)(B), respectively;CommentsClose CommentsPermalink





(B) a comparison of the relative advantages and disadvantages of each of those pay systems; andCommentsClose CommentsPermalink





(C) such other matters as the Comptroller General determines appropriate.CommentsClose CommentsPermalink





(e) Personnel Management System Described- A personnel management system described in this subsection is--CommentsClose CommentsPermalink





(1) any personnel management system, to the extent that it applies with respect to any TSA employees under section 114(n) of title 49, United States Code; andCommentsClose CommentsPermalink





(2) any human resources management system, established under chapter 97 of title 5, United States Code.CommentsClose CommentsPermalink

TITLE I SEC. 904. APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT MECHANISM FOR PASSENGER AND PROPERTY SCREENERS.

TITLE X--INCIDENT COMMAND SYSTEM

SEC. 91001. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR PREPAREDNESS.

Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 317(c)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (H), by striking `and' at the end;CommentsClose CommentsPermalink





(2) by redesignating subparagraph (I) as subparagraph (K); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (H) the following:CommentsClose CommentsPermalink





`(I) coordinating with the private sector to help ensure private sector preparedness for natural disasters, acts of terrorism, or other man-made disasters;CommentsClose CommentsPermalink





`(J) assisting State, local, or tribal governments, where appropriate, to preidentify and evaluate suitable sites where a multijurisdictional incident command system can be quickly established and operated from, if the need for such a system arises; and'.CommentsClose CommentsPermalink

SEC. 91002. CREDENTIALING AND TYPING TO STRENGTHEN INCIDENT COMMAND.

(a) In General- Title V of the Homeland Security Act of 2002 (6 U.S.C. 331 et seq.) is amended--CommentsClose CommentsPermalink





(1) by striking section 510 and inserting the following:CommentsClose CommentsPermalink

`SEC. 510. CREDENTIALING AND TYPING.

`(a) Credentialing-CommentsClose CommentsPermalink





`(1) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





`(A) the term `credential' means to provide documentation that can authenticate and verify the qualifications and identity of managers of incidents, emergency response providers, and other appropriate personnel, including by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for their position;CommentsClose CommentsPermalink





`(B) the term `credentialing' means evaluating an individual's qualifications for a specific position under guidelines created under this subsection and assigning such individual a qualification under the standards developed under this subsection; andCommentsClose CommentsPermalink





`(C) the term `credentialed' means an individual has been evaluated for a specific position under the guidelines created under this subsection.CommentsClose CommentsPermalink





`(2) REQUIREMENTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, emergency response providers, and the organizations that represent such providers, to collaborate on establishing nationwide standards for credentialing all personnel who are likely to respond to a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(B) CONTENTS- The standards developed under subparagraph (A) shall--CommentsClose CommentsPermalink





`(i) include the minimum professional qualifications, certifications, training, and education requirements for specific emergency response functional positions that are applicable to Federal, State, local, and tribal government;CommentsClose CommentsPermalink





`(ii) be compatible with the National Incident Management System; andCommentsClose CommentsPermalink





`(iii) be consistent with standards for advance registration for health professions volunteers under section 319I of the Public Health Services Act (42 U.S.C. 247d-7b).CommentsClose CommentsPermalink





`(C) TIMEFRAME- The Administrator shall develop standards under subparagraph (A) not later than 6 months after the date of enactment of the Improving America's Security Act of 2007.CommentsClose CommentsPermalink





`(3) CREDENTIALING OF DEPARTMENT PERSONNEL-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 1 year after the date of enactment of the Improving America's Security Act of 2007, the Secretary and the Administrator shall ensure that all personnel of the Department (including temporary personnel and individuals in the Surge Capacity Force established under section 624 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 711)) who are likely to respond to a natural disaster, act of terrorism, or other man-made disaster are credentialed.CommentsClose CommentsPermalink





`(B) STRATEGIC HUMAN CAPITAL PLAN- Not later than 90 days after completion of the credentialing under subparagraph (A), the Administrator shall evaluate whether the workforce of the Agency complies with the strategic human capital plan of the Agency developed under section 10102 of title 5, United States Code, and is sufficient to respond to a catastrophic incident.CommentsClose CommentsPermalink





`(4) INTEGRATION WITH NATIONAL RESPONSE PLAN-CommentsClose CommentsPermalink





`(A) DISTRIBUTION OF STANDARDS- Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, the Administrator shall provide the standards developed under paragraph (2) to all Federal agencies that have responsibilities under the National Response Plan.CommentsClose CommentsPermalink





`(B) CREDENTIALING OF AGENCIES- Not later than 6 months after the date on which the standards are provided under subparagraph (A), each agency described in subparagraph (A) shall--CommentsClose CommentsPermalink





`(i) ensure that all employees or volunteers of that agency who are likely to respond to a natural disaster, act of terrorism, or other man-made disaster are credentialed; andCommentsClose CommentsPermalink





`(ii) submit to the Secretary the name of each credentialed employee or volunteer of such agency.CommentsClose CommentsPermalink





`(C) LEADERSHIP- The Administrator shall provide leadership, guidance, and technical assistance to an agency described in subparagraph (A) to facilitate the credentialing process of that agency.CommentsClose CommentsPermalink





`(5) DOCUMENTATION AND DATABASE SYSTEM-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 1 year after the date of enactment of the Improving America's Security Act of 2007, the Administrator shall establish and maintain a documentation and database system of Federal emergency response providers and all other Federal personnel credentialed to respond to a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(B) ACCESSIBILITY- The documentation and database system established under subparagraph (1) shall be accessible to the Federal coordinating officer and other appropriate officials preparing for or responding to a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(C) CONSIDERATIONS- The Administrator shall consider whether the credentialing system can be used to regulate access to areas affected by a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(6) GUIDANCE TO STATE AND LOCAL GOVERNMENTS- Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, the Administrator shall--CommentsClose CommentsPermalink





`(A) in collaboration with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, emergency response providers, and the organizations that represent such providers, provide detailed written guidance, assistance, and expertise to State, local, and tribal governments to facilitate the credentialing of State, local, and tribal emergency response providers commonly or likely to be used in responding to a natural disaster, act of terrorism, or other man-made disaster; andCommentsClose CommentsPermalink





`(B) in coordination with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, emergency response providers (and the organizations that represent such providers), and appropriate national professional organizations, assist State, local, and tribal governments with credentialing the personnel of the State, local, or tribal government under the guidance provided under subparagraph (A).CommentsClose CommentsPermalink





`(7) REPORT- Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this subsection, including the number and level of qualification of Federal personnel trained and ready to respond to a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(b) Typing of Resources-CommentsClose CommentsPermalink





`(1) DEFINITIONS- In this subsection--CommentsClose CommentsPermalink





`(A) the term `typed' means an asset or resource that has been evaluated for a specific function under the guidelines created under this section; andCommentsClose CommentsPermalink





`(B) the term `typing' means to define in detail the minimum capabilities of an asset or resource.CommentsClose CommentsPermalink





`(2) REQUIREMENTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- The Administrator shall enter into a memorandum of understanding with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, emergency response providers, and organizations that represent such providers, to collaborate on establishing nationwide standards for typing of resources commonly or likely to be used in responding to a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(B) CONTENTS- The standards developed under subparagraph (A) shall--CommentsClose CommentsPermalink





`(i) be applicable to Federal, State, local, and tribal government; andCommentsClose CommentsPermalink





`(ii) be compatible with the National Incident Management System.CommentsClose CommentsPermalink





`(3) TYPING OF DEPARTMENT RESOURCES AND ASSETS- Not later than 1 year after the date of enactment of the Improving America's Security Act of 2007, the Secretary shall ensure that all resources and assets of the Department that are commonly or likely to be used to respond to a natural disaster, act of terrorism, or other man-made disaster are typed.CommentsClose CommentsPermalink





`(4) INTEGRATION WITH NATIONAL RESPONSE PLAN-CommentsClose CommentsPermalink





`(A) DISTRIBUTION OF STANDARDS- Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, the Administrator shall provide the standards developed under paragraph (2) to all Federal agencies that have responsibilities under the National Response Plan.CommentsClose CommentsPermalink





`(B) TYPING OF AGENCIES, ASSETS, AND RESOURCES- Not later than 6 months after the date on which the standards are provided under subparagraph (A), each agency described in subparagraph (A) shall--CommentsClose CommentsPermalink





`(i) ensure that all resources and assets (including teams, equipment, and other assets) of that agency that are commonly or likely to be used to respond to a natural disaster, act of terrorism, or other man-made disaster are typed; andCommentsClose CommentsPermalink





`(ii) submit to the Secretary a list of all types resources and assets.CommentsClose CommentsPermalink





`(C) LEADERSHIP- The Administrator shall provide leadership, guidance, and technical assistance to an agency described in subparagraph (A) to facilitate the typing process of that agency.CommentsClose CommentsPermalink





`(5) DOCUMENTATION AND DATABASE SYSTEM-CommentsClose CommentsPermalink





`(A) IN GENERAL- Not later than 1 year after the date of enactment of the Improving America's Security Act of 2007, the Administrator shall establish and maintain a documentation and database system of Federal resources and assets commonly or likely to be used to respond to a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(B) ACCESSIBILITY- The documentation and database system established under subparagraph (A) shall be accessible to the Federal coordinating officer and other appropriate officials preparing for or responding to a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(6) GUIDANCE TO STATE AND LOCAL GOVERNMENTS- Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, the Administrator, in collaboration with the administrators of the Emergency Management Assistance Compact, State, local, and tribal governments, emergency response providers, and the organizations that represent such providers, shall--CommentsClose CommentsPermalink





`(A) provide detailed written guidance, assistance, and expertise to State, local, and tribal governments to facilitate the typing of the resources and assets of State, local, and tribal governments likely to be used in responding to a natural disaster, act of terrorism, or other man-made disaster; andCommentsClose CommentsPermalink





`(B) assist State, local, and tribal governments with typing resources and assets of State, local, or tribal governments under the guidance provided under subparagraph (A).CommentsClose CommentsPermalink





`(7) REPORT- Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, and annually thereafter, the Administrator shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report describing the implementation of this subsection, including the number and type of Federal resources and assets ready to respond to a natural disaster, act of terrorism, or other man-made disaster.CommentsClose CommentsPermalink





`(c) Authorization of Appropriations- There are authorized to be appropriated such sums as necessary to carry out this section.'; andCommentsClose CommentsPermalink





(2) by adding after section 522, as added by section 7803 of this Act, the following:CommentsClose CommentsPermalink

`SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL INFRASTRUCTURE.

`Not later than 6 months after the date of enactment of the Improving America's Security Act of 2007, and in coordination with appropriate national professional organizations, Federal, State, local, and tribal government agencies, and private-sector and nongovernmental entities, the Administrator shall create model standards or guidelines that States may adopt in conjunction with critical infrastructure owners and operators and their employees to permit access to restricted areas in the event of a natural disaster, act of terrorism, or other man-made disaster.'.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendment- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after the item relating to section 522, as added by section 7803 of this Act, the following:CommentsClose CommentsPermalink





`Sec. 523. Providing secure access to critical infrastructure.'.CommentsClose CommentsPermalink

TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION

SEC. 10101. CRITICAL INFRASTRUCTURE PROTECTION.

(a) Critical Infrastructure List- Not later than 90 days after the date of enactment of this Act, and in coordination with other initiatives of the Secretary relating to critical infrastructure or key resource protection and partnerships between the government and private sector, the Secretary shall establish a risk-based prioritized list of critical infrastructure and key resources that--CommentsClose CommentsPermalink





(1) includes assets or systems that, if successfully destroyed or disrupted through a terrorist attack or natural catastrophe, would cause catastrophic national or regional impacts, including--CommentsClose CommentsPermalink





(A) significant loss of life;CommentsClose CommentsPermalink





(B) severe economic harm;CommentsClose CommentsPermalink





(C) mass evacuations; orCommentsClose CommentsPermalink





(D) loss of a city, region, or sector of the economy as a result of contamination, destruction, or disruption of vital public services; andCommentsClose CommentsPermalink





(2) reflects a cross-sector analysis of critical infrastructure to determine priorities for prevention, protection, recovery, and restoration.CommentsClose CommentsPermalink





(b) Sector Lists- In coordination with other initiatives of the Secretary relating to critical infrastructure or key resource protection and partnerships between the government and private sector, the Secretary may establish additional critical infrastructure and key resources priority lists by sector, including at a minimum the sectors named in Homeland Security Presidential Directive-7 as in effect on January 1, 2006The Secretary shall include levees in the Department's list of critical infrastructure sectors.CommentsClose CommentsPermalink





(c) Maintenance- Each list created under this section shall be reviewed and updated on an ongoing basis, but at least annually.CommentsClose CommentsPermalink





(d) Annual Report-CommentsClose CommentsPermalink





(1) GENERALLY- Not later than 120 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report summarizing--CommentsClose CommentsPermalink





(A) the criteria used to develop each list created under this section;CommentsClose CommentsPermalink





(B) the methodology used to solicit and verify submissions for each list;CommentsClose CommentsPermalink





(C) the name, location, and sector classification of assets in each list created under this section;CommentsClose CommentsPermalink





(D) a description of any additional lists or databases the Department has developed to prioritize critical infrastructure on the basis of risk; andCommentsClose CommentsPermalink





(E) how each list developed under this section will be used by the Secretary in program activities, including grant making.CommentsClose CommentsPermalink





(2) CLASSIFIED INFORMATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Secretary shall submit with each report under this subsection a classified annex containing information required to be submitted under this subsection that cannot be made public.CommentsClose CommentsPermalink





(B) RETENTION OF CLASSIFICATION- The classification of information required to be provided to Congress, the Department, or any other department or agency under this section by a sector-specific agency, including the assignment of a level of classification of such information, shall be binding on Congress, the Department, and that other Federal agency.CommentsClose CommentsPermalink

SEC. 10102. RISK ASSESSMENT AND REPORT.

(a) Risk Assessment-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary, pursuant to the responsibilities under section 202 of the Homeland Security Act (6 U.S.C. 122), for each fiscal year beginning with fiscal year 2007, shall prepare a risk assessment of the critical infrastructure and key resources of the Nation which shall--CommentsClose CommentsPermalink





(A) be organized by sector, including the critical infrastructure sectors named in Homeland Security Presidential Directive-7, as in effect on January 1, 2006; andCommentsClose CommentsPermalink





(B) contain any actions or countermeasures proposed, recommended, or directed by the Secretary to address security concerns covered in the assessment.CommentsClose CommentsPermalink





(2) RELIANCE ON OTHER ASSESSMENTS- In preparing the assessments and reports under this section, the Department may rely on a vulnerability assessment or risk assessment prepared by another Federal agency that the Department determines is prepared in coordination with other initiatives of the Department relating to critical infrastructure or key resource protection and partnerships between the government and private sector, if the Department certifies in the applicable report submitted under subsection (b) that the Department--(A) reviewed the methodology and analysis of the assessment upon which the Department relied; and(B) determined that assessment is reliable.(b) .CommentsClose CommentsPermalink





(b) Report-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 6 months after the last day of fiscal year 2007 and for each year thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental a report 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, and to each Committee of the Senate and the House of Representatives having jurisdiction over the critical infrastructure or key resource addressed by the report, containing a summary and review of the risk assessments prepared by the Secretary under this section for that fiscal year, which shall be organized by sector and which shall include recommendations of the Secretary for mitigating risks identified by the assessments.CommentsClose CommentsPermalink





`(2) CLASSIFIED ANNEX- The report under this subsection may INFORMATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The report under this subsection may contain a classified annex.CommentsClose CommentsPermalink





`(B) RETENTION OF CLASSIFICATION- The classification of information required to be provided to Congress, the Department, or any other department or agency under this section by a sector-specific agency, including the assignment of a level of classification of such information, shall be binding on Congress, the Department, and that other Federal agency.'.CommentsClose CommentsPermalink

SEC. 10103. USE OF EXISTING CAPABILITIES.

Where appropriate, the Secretary shall use the National Infrastructure Simulation and Analysis Center to carry out the actions required under this title.CommentsClose CommentsPermalink

TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

SEC. 11201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING INFORMATION.

(a) Amounts Requested Each Fiscal Year- The President shall disclose to the public for each fiscal year after fiscal year 2007 the aggregate amount of appropriations requested in the budget of the President for such fiscal year for the National Intelligence Program.CommentsClose CommentsPermalink





(b) Amounts Authorized and Appropriated Each Fiscal Year- Congress shall disclose to the public for each fiscal year after fiscal year 2007 the aggregate amount of funds authorized to be appropriated, and the aggregate amount of funds appropriated, by Congress for such fiscal year for the National Intelligence Program.CommentsClose CommentsPermalink





(c) Study on Disclosure of Additional Information-CommentsClose CommentsPermalink





(1) IN GENERAL- The Director of National Intelligence shall conduct a study to assess the advisability of disclosing to the public amounts as follows:CommentsClose CommentsPermalink





(A) The aggregate amount of appropriations requested in the budget of the President for each fiscal year for each element of the intelligence community.CommentsClose CommentsPermalink





(B) The aggregate amount of funds authorized to be appropriated, and the aggregate amount of funds appropriated, by Congress for each fiscal year for each element of the intelligence community.CommentsClose CommentsPermalink





(2) REQUIREMENTS- The study required by paragraph (1) shall--CommentsClose CommentsPermalink





(A) address whether or not the disclosure to the public of the information referred to in that paragraph would harm the national security of the United States; andCommentsClose CommentsPermalink





(B) take into specific account concerns relating to the disclosure of such information for each element of the intelligence community.CommentsClose CommentsPermalink





(3) REPORT- Not later than 180 days after the date of enactment of this Act, the Director shall submit to Congress a report on the study required by paragraph (1).CommentsClose CommentsPermalink





(d) Definitions- In this section--CommentsClose CommentsPermalink





(1) the term `element of the intelligence community' means an element of the intelligence community specified in or designated under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)); andCommentsClose CommentsPermalink





(2) the term `National Intelligence Program' has the meaning given that term in section 3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)).CommentsClose CommentsPermalink

SEC. 11202. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS.

(a) Response of Intelligence Community to Requests From Congress for Intelligence Documents and Information- Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM CONGRESS FOR INTELLIGENCE DOCUMENTS AND INFORMATION

`Sec. 508. (a) Requests of Committees- The Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any department, agency, or element of the intelligence community shall, not later than 15 days after receiving a request for any intelligence assessment, report, estimate, legal opinion, or other intelligence information from the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, or any other committee of Congress with jurisdiction over the subject matter to which information in such assessment, report, estimate, legal opinion, or other information relates, make available to such committee such assessment, report, estimate, legal opinion, or other information, as the case may be.CommentsClose CommentsPermalink





`(b) Requests of Certain Members- (1) The Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any department, agency, or element of the intelligence community shall respond, in the time specified in subsection (a), to a request described in that subsection from the Chairman or Vice Chairman of the Select Committee on Intelligence of the Senate or the Chairman or Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives.CommentsClose CommentsPermalink





`(2) Upon making a request covered by paragraph (1)--CommentsClose CommentsPermalink





`(A) the Chairman or Vice Chairman, as the case may be, of the Select Committee on Intelligence of the Senate shall notify the other of the Chairman or Vice Chairman of such request; andCommentsClose CommentsPermalink





`(B) the Chairman or Ranking Member, as the case may be, of the Permanent Select Committee on Intelligence of the House of Representatives shall notify the other of the Chairman or Ranking Member of such request.CommentsClose CommentsPermalink





`(c) Assertion of Privilege- In response to a request covered by subsection (a) or (b), the Director of the National Counterterrorism Center, the Director of a national intelligence center, or the head of any department, agency, or element of the intelligence community shall provide the document or information covered by such request unless the President certifies that such document or information is not being provided because the President is asserting a privilege pursuant to the Constitution of the United States.CommentsClose CommentsPermalink





`(d) Independent Testimony of Intelligence Officials- No officer, department, agency, or element within the Executive branch shall have any authority to require the head of any department, agency, or element of the intelligence community, or any designate of such a head--CommentsClose CommentsPermalink





`(1) to receive permission to testify before Congress; orCommentsClose CommentsPermalink





`(2) to submit testimony, legislative recommendations, or comments to any officer or agency of the Executive branch for approval, comments, or review prior to the submission of such recommendations, testimony, or comments to Congress if such testimony, legislative recommendations, or comments include a statement indicating that the views expressed therein are those of the head of the department, agency, or element of the intelligence community that is making the submission and do not necessarily represent the views of the Administration.'.CommentsClose CommentsPermalink





(b) Disclosures of Certain Information to Congress- Title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by subsection (a), is amended by adding at the end the following new section:CommentsClose CommentsPermalink

`DISCLOSURES TO CONGRESS

`Sec. 509. (a) Authority Tto Disclose Certain Information- An employee of a covered agency or an employee of a contractor carrying out activities pursuant to a contract with a covered agency may disclose covered information to an authorized individual without first reporting such information to the appropriate Inspector General.CommentsClose CommentsPermalink





`(b) Authorized Individual- (1) In this section, the term `authorized individual' means--CommentsClose CommentsPermalink





`(A) a Member of the Senate or the House of Representatives who is authorized to receive information of the type disclosed; orCommentsClose CommentsPermalink





`(B) an employee of the Senate or the House of Representatives who--CommentsClose CommentsPermalink





`(i) has an appropriate security clearance; andCommentsClose CommentsPermalink





`(ii) is authorized to receive information of the type disclosed.CommentsClose CommentsPermalink





`(2) An authorized individual described in paragraph (1) to whom covered information is disclosed under the authority in subsection (a) shall be presumed to have a need to know such covered information.CommentsClose CommentsPermalink





`(c) Covered Agency and Covered Information Defined- In this section:CommentsClose CommentsPermalink





`(1) The term `covered agency' means--CommentsClose CommentsPermalink





`(A) any department, agency, or element of the intelligence community;CommentsClose CommentsPermalink





`(B) a national intelligence center; andCommentsClose CommentsPermalink





`(C) any other Executive agency, or element or unit thereof, determined by the President under section 2302(a)(2)(C)(ii) of title 5, United States Code, to have as its principal function the conduct of foreign intelligence or counterintelligence activities.CommentsClose CommentsPermalink





`(2) The term `covered information'--CommentsClose CommentsPermalink





`(A) means information, including classified information, that an employee referred to in subsection (a) reasonably believes provides direct and specific evidence of a false or inaccurate statement--CommentsClose CommentsPermalink





`(i) made to Congress; orCommentsClose CommentsPermalink





`(ii) contained in any intelligence assessment, report, or estimate; andCommentsClose CommentsPermalink





`(B) does not include information the disclosure of which is prohibited by rule 6(e) of the Federal Rules of Criminal Procedure.CommentsClose CommentsPermalink





`(d) Construction With Other Reporting Requirements- Nothing in this section may be construed to modify, alter, or otherwise affect--CommentsClose CommentsPermalink





`(1) any reporting requirement relating to intelligence activities that arises under this Act or any other provision of law; orCommentsClose CommentsPermalink





`(2) the right of any employee of the United States to disclose information to Congress, in accordance with applicable law, information other than covered information.'.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of contents in the first section of that Act is amended by inserting after the item relating to section 507 the following new items:CommentsClose CommentsPermalink





`Sec. 508. Response of intelligence community to requests from Congress for intelligence documents and information.CommentsClose CommentsPermalink





`Sec. 509. Disclosures to Congress.'.CommentsClose CommentsPermalink

SEC. 11203. PUBLIC INTEREST DECLASSIFICATION BOARD.

The Public Interest Declassification Act of 2000 (50 U.S.C. 435 note) is amended--CommentsClose CommentsPermalink





(1) in section 704(e)--CommentsClose CommentsPermalink





(A) by striking `If requested' and inserting the following:CommentsClose CommentsPermalink





`(1) IN GENERAL- If requested'; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





`(2) AUTHORITY OF BOARD- Upon receiving a congressional request described in section 703(b)(5), the Board may conduct the review and make the recommendations described in that section, regardless of whether such a review is requested by the President.CommentsClose CommentsPermalink





`(3) REPORTING- Any recommendations submitted to the President by the Board under section 703(b)(5), shall be submitted to the chairman and ranking member of the committee of Congress that made the request relating to such recommendations.'; andCommentsClose CommentsPermalink





(2) in section 710(b), by striking `8 years after the date of the enactment of this Act' and inserting `on December 31, 2012'.CommentsClose CommentsPermalink

TITLE XIII--INTERNATIONAL COOPERATION ON ANTITER-RORISM TECHNOLOGIES

SEC. 12301. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL COOPERATION.

(a) Findings- The Congress finds the following:CommentsClose CommentsPermalink





(1) The development and implementation of technology is critical to combating terrorism and other high consequence events and implementing a comprehensive homeland security strategy.CommentsClose CommentsPermalink





(2) The United States and its allies in the global war on terrorism share a common interest in facilitating research, development, testing, and evaluation of equipment, capabilities, technologies, and services that will aid in detecting, preventing, responding to, recovering from, and mitigating against acts of terrorism.CommentsClose CommentsPermalink





(3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and technological expertise in, homeland security.CommentsClose CommentsPermalink





(4) The United States and certain of its allies in the global war on terrorism have a history of successful collaboration in developing mutually beneficial equipment, capabilities, technologies, and services in the areas of defense, agriculture, and telecommunications.CommentsClose CommentsPermalink





(5) The United States and its allies in the global war on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism.CommentsClose CommentsPermalink





(6) The establishment of an office to facilitate and support cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard lives and property worldwide against acts of terrorism and other high consequence events.CommentsClose CommentsPermalink





(b) Promoting Antiterrorism Through International Cooperation Act-CommentsClose CommentsPermalink





(1) IN GENERAL- The Homeland Security Act of 2002 is amended by inserting after section 316, as added by section 6701 of this Act, the following:CommentsClose CommentsPermalink

`SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION PROGRAM.

`(a) Definitions- In this section:CommentsClose CommentsPermalink





`(1) DIRECTOR- The term `Director' means the Director selected under subsection (b)(2).CommentsClose CommentsPermalink





`(2) INTERNATIONAL COOPERATIVE ACTIVITY- The term `international cooperative activity' includes--CommentsClose CommentsPermalink





`(A) coordinated research projects, joint research projects, or joint ventures;CommentsClose CommentsPermalink





`(B) joint studies or technical demonstrations;CommentsClose CommentsPermalink





`(C) coordinated field exercises, scientific seminars, conferences, symposia, and workshops;CommentsClose CommentsPermalink





`(D) training of scientists and engineers;CommentsClose CommentsPermalink





`(E) visits and exchanges of scientists, engineers, or other appropriate personnel;CommentsClose CommentsPermalink





`(F) exchanges or sharing of scientific and technological information; andCommentsClose CommentsPermalink





`(G) joint use of laboratory facilities and equipment.CommentsClose CommentsPermalink





`(b) Science and Technology Homeland Security International Cooperative Programs Office-CommentsClose CommentsPermalink





`(1) ESTABLISHMENT- The Under Secretary shall establish the Science and Technology Homeland Security International Cooperative Programs Office.CommentsClose CommentsPermalink





`(2) DIRECTOR- The Office shall be headed by a Director, who--CommentsClose CommentsPermalink





`(A) shall be selected (in consultation with the Assistant Secretary for International Affairs, Policy Directorate) by and shall report to the Under Secretary; andCommentsClose CommentsPermalink





`(B) may be an officer of the Department serving in another position.CommentsClose CommentsPermalink





`(3) RESPONSIBILITIES-CommentsClose CommentsPermalink





`(A) DEVELOPMENT OF MECHANISMS- The Director shall be responsible for developing, in coordination with the Department of State, the Department of Defense, the Department of Energy, and other Federal agencies, mechanisms and legal frameworks to allow and to support international cooperative activity in support of homeland security research.CommentsClose CommentsPermalink





`(B) PRIORITIES- The Director shall be responsible for developing, in coordination with the Directorate of Science and Technology, the other components of the Department (including the Office of the Assistant Secretary for International Affairs, Policy Directorate), the Department of State, the Department of Defense, the Department of Energy, and other Federal agencies, strategic priorities for international cooperative activity.CommentsClose CommentsPermalink





`(C) ACTIVITIES- The Director shall facilitate the planning, development, and implementation of international cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the Under Secretary considers appropriate, including grants, cooperative agreements, or contracts to or with foreign public or private entities, governmental organizations, businesses, federally funded research and development centers, and universities.CommentsClose CommentsPermalink





`(D) IDENTIFICATION OF PARTNERS- The Director shall facilitate the matching of United States entities engaged in homeland security research with non-United States entities engaged in homeland security research so that they may partner in homeland security research activities.CommentsClose CommentsPermalink





`(4) COORDINATION- The Director shall ensure that the activities under this subsection are coordinated with the Office of International Affairs and the Department of State, the Department of Defense, the Department of Energy, and other relevant Federal agencies or interagency bodies. The Director may enter into joint activities with other Federal agencies.CommentsClose CommentsPermalink





`(c) Matching Funding-CommentsClose CommentsPermalink





`(1) IN GENERAL-CommentsClose CommentsPermalink





`(A) EQUITABILITY- The Director shall ensure that funding and resources expended in international cooperative activity will be equitably matched by the foreign partner government or other entity through direct funding, funding of complementary activities, or through the provision of staff, facilities, material, or equipment.CommentsClose CommentsPermalink





`(B) GRANT MATCHING AND REPAYMENT-CommentsClose CommentsPermalink





`(i) IN GENERAL- The Secretary may require a recipient of a grant under this section--CommentsClose CommentsPermalink





`(I) to make a matching contribution of not more than 50 percent of the total cost of the proposed project for which the grant is awarded; andCommentsClose CommentsPermalink





`(II) to repay to the Secretary the amount of the grant (or a portion thereof), interest on such amount at an appropriate rate, and such charges for administration of the grant as the Secretary determines appropriate.CommentsClose CommentsPermalink





`(ii) MAXIMUM AMOUNT- The Secretary may not require that repayment under clause (i)(II) be more than 150 percent of the amount of the grant, adjusted for inflation on the basis of the Consumer Price Index.CommentsClose CommentsPermalink





`(2) FOREIGN PARTNERS- Partners may include Israel, the United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism, as determined by the Secretary of State.CommentsClose CommentsPermalink





`(d) Funding- Funding for all activities under this section shall be paid from discretionary funds appropriated to the Department.CommentsClose CommentsPermalink





`(e) Foreign Reimbursements- If the Science and Technology Homeland Security International Cooperative Programs Office participates in an international cooperative activity with a foreign partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet the share of that foreign partner of the project may be credited to appropriate appropriations accounts of the Directorate of Science and Technology.'.CommentsClose CommentsPermalink





(2) TECHNICAL AND CONFORMING AMENDMENT- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by adding after the item relating to section 316, as added by section 6701 of this Act, the following:CommentsClose CommentsPermalink





`Sec. 317. Promoting antiterrorism through international cooperation program.'.CommentsClose CommentsPermalink

SEC. 12302. TRANSPARENCY OF FUNDS.

For each Federal award (as that term is defined in section 2 of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note)) under this title or an amendment made by this title, the Director of the Office of Management and Budget shall ensure full and timely compliance with the requirements of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).CommentsClose CommentsPermalink

TITLE XIIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

TITLE XVI--MISCELLANEOUS PROVISIONS

SEC. 13601. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT.

(a) Establishment and Succession- Section 103 of the Homeland Security Act of 2002 (6 U.S.C. 113) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking `Deputy Secretary' and inserting `Deputy Secretaries';CommentsClose CommentsPermalink





(B) by striking paragraph (6);CommentsClose CommentsPermalink





(C) by redesignating paragraphs (2) through (5) as paragraphs (3) through (6), respectively; andCommentsClose CommentsPermalink





(D) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink





`(1) A Deputy Secretary of Homeland Security.CommentsClose CommentsPermalink





`(2) A Deputy Secretary of Homeland Security for Management.'; andCommentsClose CommentsPermalink





(2) by adding at the end the following:CommentsClose CommentsPermalink





`(g) Vacancies-CommentsClose CommentsPermalink





`(1) VACANCY IN OFFICE OF SECRETARY-CommentsClose CommentsPermalink





`(A) DEPUTY SECRETARY- In case of a vacancy in the office of the Secretary, or of the absence or disability of the Secretary, the Deputy Secretary of Homeland Security may exercise all the duties of that office, and for the purpose of section 3345 of title 5, United States Code, the Deputy Secretary of Homeland Security is the first assistant to the Secretary.CommentsClose CommentsPermalink





`(B) DEPUTY SECRETARY FOR MANAGEMENT- When by reason of absence, disability, or vacancy in office, neither the Secretary nor the Deputy Secretary of Homeland Security is available to exercise the duties of the office of the Secretary, the Deputy Secretary of Homeland Security for Management shall act as Secretary.CommentsClose CommentsPermalink





`(2) VACANCY IN OFFICE OF DEPUTY SECRETARY- In the case of a vacancy in the office of the Deputy Secretary of Homeland Security, or of the absence or disability of the Deputy Secretary of Homeland Security, the Deputy Secretary of Homeland Security for Management may exercise all the duties of that office.CommentsClose CommentsPermalink





`(3) FURTHER ORDER OF SUCCESSION- The Secretary may designate such other officers of the Department in further order of succession to act as Secretary.'.CommentsClose CommentsPermalink





(b) Responsibilities- Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended--CommentsClose CommentsPermalink





(1) in the section heading, by striking `under secretary' and inserting `deputy secretary of homeland security';CommentsClose CommentsPermalink





(2) in subsection (a)--CommentsClose CommentsPermalink





(A) by inserting `The Deputy Secretary of Homeland Security for Management shall serve as the Chief Management Officer and principal advisor to the Secretary on matters related to the management of the Department, including management integration and transformation in support of homeland security operations and programs.' before `The Secretary';CommentsClose CommentsPermalink





(B) by striking `Under Secretary for Management' and inserting `Deputy Secretary of Homeland Security for Management';CommentsClose CommentsPermalink





(C) by striking paragraph (7) and inserting the following:CommentsClose CommentsPermalink





`(7) Strategic planning and annual performance planning and identification and tracking of performance measures relating to the responsibilities of the Department.'; andCommentsClose CommentsPermalink





(D) by striking paragraph (9), and inserting the following:CommentsClose CommentsPermalink





`(9) The integration and transformation process, to ensure an efficient and orderly consolidation of functions and personnel to the Department, including the development of a management integration strategy for the Department.'; andCommentsClose CommentsPermalink





(3) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1), by striking `Under Secretary for Management' and inserting `Deputy Secretary of Homeland Security for Management'; andCommentsClose CommentsPermalink





(B) in paragraph (2), by striking `Under Secretary for Management' and inserting `Deputy Secretary of Homeland Security for Management'.CommentsClose CommentsPermalink





(c) Appointment, Evaluation, and Reappointment- Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at the end the following:CommentsClose CommentsPermalink





`(c) Appointment, Evaluation, and Reappointment- The Deputy Secretary of Homeland Security for Management--CommentsClose CommentsPermalink





`(1) shall be appointed by the President, by and with the advice and consent of the Senate, from among persons who have--CommentsClose CommentsPermalink





`(A) extensive executive level leadership and management experience in the public or private sector;CommentsClose CommentsPermalink





`(B) strong leadership skills;CommentsClose CommentsPermalink





`(C) a demonstrated ability to manage large and complex organizations; andCommentsClose CommentsPermalink





`(D) a proven record in achieving positive operational results;CommentsClose CommentsPermalink





`(2) shall--CommentsClose CommentsPermalink





`(A) serve for a term of 5 years; andCommentsClose CommentsPermalink





`(B) be subject to removal by the President if the President--CommentsClose CommentsPermalink





`(i) finds that the performance of the Deputy Secretary of Homeland Security for Management is unsatisfactory; andCommentsClose CommentsPermalink





`(ii) communicates the reasons for removing the Deputy Secretary of Homeland Security for Management to Congress before such removal;CommentsClose CommentsPermalink





`(3) may be reappointed in accordance with paragraph (1), if the Secretary has made a satisfactory determination under paragraph (5) for the 3 most recent performance years;CommentsClose CommentsPermalink





`(4) shall enter into an annual performance agreement with the Secretary that shall set forth measurable individual and organizational goals; andCommentsClose CommentsPermalink





`(5) shall be subject to an annual performance evaluation by the Secretary, who shall determine as part of each such evaluation whether the Deputy Secretary of Homeland Security for Management has made satisfactory progress toward achieving the goals set out in the performance agreement required under paragraph (4).'.CommentsClose CommentsPermalink





(d) Incumbent- The individual who serves in the position of Under Secretary for Management of the Department of Homeland Security on the date of enactment of this Act--CommentsClose CommentsPermalink





(1) may perform all the duties of the Deputy Secretary of Homeland Security for Management at the pleasure of the President, until a Deputy Secretary of Homeland Security for Management is appointed in accordance with subsection (c) of section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as added by this Act; andCommentsClose CommentsPermalink





(2) may be appointed Deputy Secretary of Homeland Security for Management, if such appointment is otherwise in accordance with sections 103 and 701 of the Homeland Security Act of 2002 (6 U.S.C. 113 and 341), as amended by this Act.CommentsClose CommentsPermalink





(e) References- References in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or relating to the Under Secretary for Management of the Department of Homeland Security shall be deemed to refer to the Deputy Secretary of Homeland Security for Management.CommentsClose CommentsPermalink





(f) Technical and Conforming Amendments-CommentsClose CommentsPermalink





(1) OTHER REFERENCE- Section 702(a) of the Homeland Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking `Under Secretary for Management' and inserting `Deputy Secretary of Homeland Security for Management'.CommentsClose CommentsPermalink





(2) TABLE OF CONTENTS- The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by striking the item relating to section 701 and inserting the following:CommentsClose CommentsPermalink





`Sec. 701. Deputy Secretary of Homeland Security for Management.'.CommentsClose CommentsPermalink





(3) EXECUTIVE SCHEDULE- Section 5313 of title 5, United States Code, is amended by inserting after the item relating to the Deputy Secretary of Homeland Security the following:CommentsClose CommentsPermalink





`Deputy Secretary of Homeland Security for Management.'.CommentsClose CommentsPermalink

SEC. 13602. SENSE OF THE SENATE REGARDING COMBATING DOMESTIC RADICALIZATION.

(a) Findings- The Senate finds the following:CommentsClose CommentsPermalink





(1) The United States is engaged in a struggle against a transnational terrorist movement of radical extremists seeking to exploit the religion of Islam through violent means to achieve ideological ends.CommentsClose CommentsPermalink





(2) The radical jihadist movement transcends borders and has been identified as a potential threat within the United States.CommentsClose CommentsPermalink





(3) Radicalization has been identified as a precursor to terrorism.CommentsClose CommentsPermalink





(4) Countering the threat of violent extremists domestically, as well as internationally, is a critical element of the plan of the United States for success in the war on terror.CommentsClose CommentsPermalink





(5) United States law enforcement agencies have identified radicalization as an emerging threat and have in recent years identified cases of `homegrown' extremists operating inside the United States with the intent to provide support for, or directly commit, a terrorist attack.CommentsClose CommentsPermalink





(6) The alienation of Muslim populations in the Western world has been identified as a factor in the spread of radicalization.CommentsClose CommentsPermalink





(7) Radicalization cannot be prevented solely through law enforcement and intelligence measures.CommentsClose CommentsPermalink





(b) Sense of Senate- It is the sense of the Senate that the Secretary, in consultation with other relevant Federal agencies, should make a priority of countering domestic radicalization and extremism by--CommentsClose CommentsPermalink





(1) using intelligence analysts and other experts to better understand the process of radicalization from sympathizer to activist to terrorist;CommentsClose CommentsPermalink





(2) recruiting employees with diverse worldviews, skills, languages, and cultural backgrounds and expertise;CommentsClose CommentsPermalink





(3) consulting with experts to ensure that the lexicon used within public statements is precise and appropriate and does not aid extremists by offending the American Muslim community;CommentsClose CommentsPermalink





(4) developing and implementing, in concert with the Attorney General and State and local corrections officials, a program to address prisoner radicalization and post-sentence reintegration;CommentsClose CommentsPermalink





(5) pursuing broader avenues of dialogue with the Muslim community to foster mutual respect, understanding, and trust; andCommentsClose CommentsPermalink





(6) working directly with State, local, and community leaders to--CommentsClose CommentsPermalink





(A) educate these leaders on the threat of radicalization and the necessity of taking preventative action at the local level; andCommentsClose CommentsPermalink





(B) facilitate the sharing of best practices from other countries and communities to encourage outreach to the American Muslim community and develop partnerships between all faiths, including Islam.CommentsClose CommentsPermalink

SEC. 13603. SENSE OF THE SENATE REGARDING OVERSIGHT OF HOMELAND SECURITY.

(a) Findings- The Senate finds the following:CommentsClose CommentsPermalink





(1) The Senate recognizes the importance and need to implement the recommendations offered by the National Commission on Terrorist Attacks Upon the United States (in this section referred to as the `Commission').CommentsClose CommentsPermalink





(2) Congress considered and passed the National Security Intelligence Reform Act of 2004 (Public Law 108-458; 118 Stat. 3643) to implement the recommendations of the Commission.CommentsClose CommentsPermalink





(3) Representatives of the Department testified at 165 Congressional hearings in calendar year 2004, and 166 Congressional hearings in calendar year 2005.CommentsClose CommentsPermalink





(4) The Department had 268 representatives testify before 15 committees and 35 subcommittees of the House of Representatives and 9 committees and 12 subcommittees of the Senate at 206 congressional hearings in calendar year 2006.CommentsClose CommentsPermalink





(5) The Senate has been unwilling to reform itself in accordance with the recommendation of the Commission to provide better and more streamlined oversight of the Department.CommentsClose CommentsPermalink





(b) Sense of Senate- It is the sense of the Senate that the Senate should implement the recommendation of the Commission to `create a single, principal point of oversight and review for homeland security.'.CommentsClose CommentsPermalink

SEC. 13604. REPORT REGARDING BORDER SECURITY.

(a) In General- Not later than 180 days after the date of enactment of this . Not later than 180 days after the date of enactment of this Act, the Secretary shall submit a report to Congress regarding ongoing initiatives of the Department to improve security along the northern border of the United States.CommentsClose CommentsPermalink





(b) Contents- The report submitted under subsection (a) shall--(1) . The report submitted under sub-section (a) shallCommentsClose CommentsPermalink





(1) address the vulnerabilities along the northern border of the United States; andCommentsClose CommentsPermalink





(2) provide recommendations to address such vulnerabilities, including required resources needed to protect the northern border of the United States.CommentsClose CommentsPermalink





(c) Government Accountability Office-. Not later than 270 days after the date of the submission of the report under subsection (a), the Comptroller General of the United States shall submit a report to Congress that--CommentsClose CommentsPermalink





(1) reviews and comments on the report under subsection (a); andCommentsClose CommentsPermalink





(2) provides recommendations regarding any additional actions necessary to protect the northern border of the United States.CommentsClose CommentsPermalink

110th CONGRESS 1st Session S. 4 A

BILLTo make the United States more

N ACT

To make the United States more secure by implementing unfinished recommendations of the 9/11 Commission to fight the war on terror more effectively, to improve homeland security, and for other purposes.

---

February 23, 2007Reported with an amendmentCommentsClose CommentsPermalink