< Back to H.R. 1 (110th Congress, 2007–2009)

Text of the Implementing Recommendations of the 9/11 Commission Act of 2007

This bill was enacted after being signed by the President on August 3, 2007. The text of the bill below is as of Aug 1, 2007 (Passed Congress/Enrolled Bill).

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I

One Hundred Tenth Congress of the United States of America

At the First Session

H. R. 1

AN ACT

To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Implementing Recommendations of the 9/11 Commission Act of 2007.

(b)

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—HOMELAND SECURITY GRANTS

Sec. 101. Homeland Security Grant Program.

Sec. 102. Other amendments to the Homeland Security Act of 2002.

Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act of 2006.

Sec. 104. Technical and conforming amendments.

Title II—EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Sec. 201. Emergency management performance grant program.

Sec. 202. Grants for construction of emergency operations centers.

Title III—ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

Sec. 301. Interoperable emergency communications grant program.

Sec. 302. Border interoperability demonstration project.

Title IV—STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

Sec. 401. Definitions.

Sec. 402. National exercise program design.

Sec. 403. National exercise program model exercises.

Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen incident command; private sector preparedness.

Sec. 405. Federal response capability inventory.

Sec. 406. Reporting requirements.

Sec. 407. Federal preparedness.

Sec. 408. Credentialing and typing.

Sec. 409. Model standards and guidelines for critical infrastructure workers.

Sec. 410. Authorization of appropriations.

Title V—IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

Subtitle A—Homeland Security Information Sharing Enhancement

Sec. 501. Homeland Security Advisory System and information sharing.

Sec. 502. Intelligence Component Defined.

Sec. 503. Role of intelligence components, training, and information sharing.

Sec. 504. Information sharing.

Subtitle B—Homeland Security Information Sharing Partnerships

Sec. 511. Department of Homeland Security State, Local, and Regional Fusion Center Initiative.

Sec. 512. Homeland Security Information Sharing Fellows Program.

Sec. 513. Rural Policing Institute.

Subtitle C—Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.

Subtitle D—Homeland Security Intelligence Offices Reorganization

Sec. 531. Office of Intelligence and Analysis and Office of Infrastructure Protection.

Subtitle E—Authorization of Appropriations

Sec. 541. Authorization of appropriations.

Title VI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 601. Availability to public of certain intelligence funding information.

Sec. 602. Public Interest Declassification Board.

Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.

Sec. 604. Availability of funds for the Public Interest Declassification Board.

Sec. 605. Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001.

Title VI

Subtitle A—Terrorist Travel

Sec. 701. Report on international collaboration to increase border security, enhance global document security, and exchange terrorist information.

Subtitle B—Visa Waiver

Sec. 711. Modernization of the visa waiver program.

Subtitle C—Strengthening Terrorism Prevention Programs

Sec. 721. Strengthening the capabilities of the Human Smuggling and Trafficking Center.

Sec. 722. Enhancements to the terrorist travel program.

Sec. 723. Enhanced driver’s license.

Sec. 724. Western Hemisphere Travel Initiative.

Sec. 725. Model ports-of-entry.

Subtitle D—Miscellaneous Provisions

Sec. 731. Report regarding border security.

Title VIII—PRIVACY AND CIVIL LIBERTIES

Sec. 801. Modification of authorities relating to Privacy and Civil Liberties Oversight Board.

Sec. 802. Department Privacy Officer.

Sec. 803. Privacy and civil liberties officers.

Sec. 804. Federal Agency Data Mining Reporting Act of 2007.

Title IX—PRIVATE SECTOR PREPAREDNESS

Sec. 901. Private sector preparedness.

Sec. 902. Responsibilities of the private sector Office of the Department.

Title X—IMPROVING CRITICAL INFRASTRUCTURE SECURITY

Sec. 1001. National Asset Database.

Sec. 1002. Risk assessments and report.

Sec. 1003. Sense of Congress regarding the inclusion of levees in the National Infrastructure Protection Plan.

Title XI—ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 1101. National Biosurveillance Integration Center.

Sec. 1102. Biosurveillance efforts.

Sec. 1103. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.

Sec. 1104. Integration of detection equipment and technologies.

Title XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 1201. Definitions.

Sec. 1202. Transportation security strategic planning.

Sec. 1203. Transportation security information sharing.

Sec. 1204. National domestic preparedness consortium.

Sec. 1205. National transportation security center of excellence.

Sec. 1206. Immunity for reports of suspected terrorist activity or suspicious behavior and response.

Title XIII—TRANSPORTATION SECURITY ENHANCEMENTS

Sec. 1301. Definitions.

Sec. 1302. Enforcement authority.

Sec. 1303. Authorization of visible intermodal prevention and response teams.

Sec. 1304. Surface transportation security inspectors.

Sec. 1305. Surface transportation security technology information sharing.

Sec. 1306. TSA personnel limitations.

Sec. 1307. National explosives detection canine team training program.

Sec. 1308. Maritime and surface transportation security user fee study.

Sec. 1309. Prohibition of issuance of transportation security cards to convicted felons.

Sec. 1310. Roles of the Department of Homeland Security and the Department of Transportation.

Title XIV—PUBLIC TRANSPORTATION SECURITY

Sec. 1401. Short title.

Sec. 1402. Definitions.

Sec. 1403. Findings.

Sec. 1404. National Strategy for Public Transportation Security.

Sec. 1405. Security assessments and plans.

Sec. 1406. Public transportation security assistance.

Sec. 1407. Security exercises.

Sec. 1408. Public transportation security training program.

Sec. 1409. Public transportation research and development.

Sec. 1410. Information sharing.

Sec. 1411. Threat assessments.

Sec. 1412. Reporting requirements.

Sec. 1413. Public transportation employee protections.

Sec. 1414. Security background checks of covered individuals for public transportation.

Sec. 1415. Limitation on fines and civil penalties.

Title XV—SURFACE TRANSPORTATION SECURITY

Subtitle A—General Provisions

Sec. 1501. Definitions.

Sec. 1502. Oversight and grant procedures.

Sec. 1503. Authorization of appropriations.

Sec. 1504. Public awareness.

Subtitle B—Railroad Security

Sec. 1511. Railroad transportation security risk assessment and national strategy.

Sec. 1512. Railroad carrier assessments and plans.

Sec. 1513. Railroad security assistance.

Sec. 1514. Systemwide Amtrak security upgrades.

Sec. 1515. Fire and life safety improvements.

Sec. 1516. Railroad carrier exercises.

Sec. 1517. Railroad security training program.

Sec. 1518. Railroad security research and development.

Sec. 1519. Railroad tank car security testing.

Sec. 1520. Railroad threat assessments.

Sec. 1521. Railroad employee protections.

Sec. 1522. Security background checks of covered individuals.

Sec. 1523. Northern border railroad passenger report.

Sec. 1524. International Railroad Security Program.

Sec. 1525. Transmission line report.

Sec. 1526. Railroad security enhancements.

Sec. 1527. Applicability of District of Columbia law to certain Amtrak contracts.

Sec. 1528. Railroad preemption clarification.

Subtitle C—Over-the-Road Bus and Trucking Security

Sec. 1531. Over-the-road bus security assessments and plans.

Sec. 1532. Over-the-road bus security assistance.

Sec. 1533. Over-the-road bus exercises.

Sec. 1534. Over-the-road bus security training program.

Sec. 1535. Over-the-road bus security research and development.

Sec. 1536. Motor carrier employee protections.

Sec. 1537. Unified carrier registration system agreement.

Sec. 1538. School bus transportation security.

Sec. 1539. Technical amendment.

Sec. 1540. Truck security assessment.

Sec. 1541. Memorandum of understanding annex.

Sec. 1542. DHS Inspector General report on trucking security grant program.

Subtitle D—Hazardous Material and Pipeline Security

Sec. 1551. Railroad routing of security-sensitive materials.

Sec. 1552. Railroad security-sensitive material tracking.

Sec. 1553. Hazardous materials highway routing.

Sec. 1554. Motor carrier security-sensitive material tracking.

Sec. 1555. Hazardous materials security inspections and study.

Sec. 1556. Technical corrections.

Sec. 1557. Pipeline security inspections and enforcement.

Sec. 1558. Pipeline security and incident recovery plan.

Title XVI—AVIATION

Sec. 1601. Airport checkpoint screening fund.

Sec. 1602. Screening of cargo carried aboard passenger aircraft.

Sec. 1603. In-line baggage screening.

Sec. 1604. In-line baggage system deployment.

Sec. 1605. Strategic plan to test and implement advanced passenger prescreening system.

Sec. 1606. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.

Sec. 1607. Strengthening explosives detection at passenger screening checkpoints.

Sec. 1608. Research and development of aviation transportation security technology.

Sec. 1609. Blast-resistant cargo containers.

Sec. 1610. Protection of passenger planes from explosives.

Sec. 1611. Specialized training.

Sec. 1612. Certain TSA personnel limitations not to apply.

Sec. 1613. Pilot project to test different technologies at airport exit lanes.

Sec. 1614. Security credentials for airline crews.

Sec. 1615. Law enforcement officer biometric credential.

Sec. 1616. Repair station security.

Sec. 1617. General aviation security.

Sec. 1618. Extension of authorization of aviation security funding.

Title XVII—MARITIME CARGO

Sec. 1701. Container scanning and seals.

Title XVIII—PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM

Sec. 1801. Findings.

Sec. 1802. Definitions.

Subtitle A—Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for prevention of weapons of mass destruction proliferation and terrorism.

Subtitle B—Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and authorities.

Sec. 1822. Authority to provide assistance to cooperative countries.

Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.

Sec. 1832. Authorization of appropriations for the Department of Defense Cooperative Threat Reduction Program.

Sec. 1833. Authorization of appropriations for the Department of Energy programs to prevent weapons of mass destruction proliferation and terrorism.

Subtitle D—Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1841. Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.

Sec. 1842. Sense of Congress on United States-Russia cooperation and coordination on the prevention of weapons of mass destruction proliferation and terrorism.

Subtitle E—Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.

Sec. 1852. Purposes of Commission.

Sec. 1853. Composition of Commission.

Sec. 1854. Responsibilities of Commission.

Sec. 1855. Powers of Commission.

Sec. 1856. Nonapplicability of Federal Advisory Committee Act.

Sec. 1857. Report.

Sec. 1858. Termination.

Sec. 1859. Funding.

Title XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1901. Promoting antiterrorism capabilities through international cooperation.

Sec. 1902. Transparency of funds.

Title XX—9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

Sec. 2001. Short title.

Sec. 2002. Definition.

Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries.

Sec. 2011. Findings; Policy.

Sec. 2012. International Muslim Youth Opportunity Fund.

Sec. 2013. Annual report to Congress.

Sec. 2014. Extension of program to provide grants to American-sponsored schools in predominantly Muslim Countries to provide scholarships.

Subtitle B—Democracy and Development in the Broader Middle East Region

Sec. 2021. Middle East Foundation.

Subtitle C—Reaffirming United States Moral Leadership

Sec. 2031. Advancing United States interests through public diplomacy.

Sec. 2032. Oversight of international broadcasting.

Sec. 2033. Expansion of United States scholarship, exchange, and library programs in predominantly Muslim countries.

Sec. 2034. United States policy toward detainees.

Subtitle D—Strategy for the United States relationship with Afghanistan, Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.

Sec. 2042. Pakistan.

Sec. 2043. Saudi Arabia.

Title XXI—ADVANCING DEMOCRATIC VALUES

Sec. 2101. Short title.

Sec. 2102. Findings.

Sec. 2103. Statement of policy.

Sec. 2104. Definitions.

Subtitle A—Activities to Enhance the Promotion of Democracy

Sec. 2111. Democracy Promotion at the Department of State.

Sec. 2112. Democracy Fellowship Program.

Sec. 2113. Investigations of violations of international humanitarian law.

Subtitle B—Strategies and Reports on Human Rights and the Promotion of Democracy

Sec. 2121. Strategies, priorities, and annual report.

Sec. 2122. Translation of human rights reports.

Subtitle C—Advisory Committee on Democracy Promotion and the Internet Website of the Department of State

Sec. 2131. Advisory Committee on Democracy Promotion.

Sec. 2132. Sense of Congress regarding the Internet website of the Department of State.

Subtitle D—Training in Democracy and Human Rights; Incentives

Sec. 2141. Training in democracy promotion and the protection of human rights.

Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.

Sec. 2143. Personnel policies at the Department of State.

Subtitle E—Cooperation with Democratic Countries

Sec. 2151. Cooperation with democratic countries.

Subtitle F—Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.

Sec. 2162. United States democracy assistance programs.

Title XXII—INTEROPERABLE EMERGENCY COMMUNICATIONS

Sec. 2201. Interoperable emergency communications.

Sec. 2202. Clarification of congressional intent.

Sec. 2203. Cross border interoperability reports.

Sec. 2204. Extension of short quorum.

Sec. 2205. Requiring reports to be submitted to certain committees.

Title XXIII—EMERGENCY COMMUNICATIONS MODERNIZATION

Sec. 2301. Short title.

Sec. 2302. Funding for program.

Sec. 2303. NTIA coordination of E-911 implementation.

Title XXIV—MISCELLANEOUS PROVISIONS

Sec. 2401. Quadrennial homeland security review.

Sec. 2402. Sense of the Congress regarding the prevention of radicalization leading to ideologically-based violence.

Sec. 2403. Requiring reports to be submitted to certain committees.

Sec. 2404. Demonstration project.

Sec. 2405. Under Secretary for Management of Department of Homeland Security.

I

HOMELAND SECURITY GRANTS

101.

Homeland Security Grant Program

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

XX

HOMELAND SECURITY GRANTS

2001.

Definitions

In this title, the following definitions shall apply:

(1)

Administrator

The term Administrator means the Administrator of the Federal Emergency Management Agency.

(2)

Appropriate committees of Congress

The term appropriate committees of Congress means—

(A)

the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B)

those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate.

(3)

Critical infrastructure sectors

The term critical infrastructure sectors means the following sectors, in both urban and rural areas:

(A)

Agriculture and food.

(B)

Banking and finance.

(C)

Chemical industries.

(D)

Commercial facilities.

(E)

Commercial nuclear reactors, materials, and waste.

(F)

Dams.

(G)

The defense industrial base.

(H)

Emergency services.

(I)

Energy.

(J)

Government facilities.

(K)

Information technology.

(L)

National monuments and icons.

(M)

Postal and shipping.

(N)

Public health and health care.

(O)

Telecommunications.

(P)

Transportation systems.

(Q)

Water.

(4)

Directly eligible tribe

The term directly eligible tribe means—

(A)

any Indian tribe—

(i)

that is located in the continental United States;

(ii)

that operates a law enforcement or emergency response agency with the capacity to respond to calls for law enforcement or emergency services;

(iii)
(I)

that is located on or near an international border or a coastline bordering an ocean (including the Gulf of Mexico) or international waters;

(II)

that is located within 10 miles of a system or asset included on the prioritized critical infrastructure list established under section 210E(a)(2) or has such a system or asset within its territory;

(III)

that is located within or contiguous to 1 of the 50 most populous metropolitan statistical areas in the United States; or

(IV)

the jurisdiction of which includes not less than 1,000 square miles of Indian country, as that term is defined in section 1151 of title 18, United States Code; and

(iv)

that certifies to the Secretary that a State has not provided funds under section 2003 or 2004 to the Indian tribe or consortium of Indian tribes for the purpose for which direct funding is sought; and

(B)

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

(5)

Eligible metropolitan area

The term eligible metropolitan area means any of the 100 most populous metropolitan statistical areas in the United States.

(6)

High-risk urban area

The term high-risk urban area means a high-risk urban area designated under section 2003(b)(3)(A).

(7)

Indian tribe

The term Indian tribe has the meaning given that term in section 4(e) of the Indian Self-Determination Act (25 U.S.C. 450b(e)).

(8)

Metropolitan statistical area

The term metropolitan statistical area means a metropolitan statistical area, as defined by the Office of Management and Budget.

(9)

National special security event

The term National Special Security Event means a designated event that, by virtue of its political, economic, social, or religious significance, may be the target of terrorism or other criminal activity.

(10)

Population

The term population means population according to the most recent United States census population estimates available at the start of the relevant fiscal year.

(11)

Population density

The term population density means population divided by land area in square miles.

(12)

Qualified intelligence analyst

The term qualified intelligence analyst means an intelligence analyst (as that term is defined in section 210A(j)), including law enforcement personnel—

(A)

who has successfully completed training to ensure baseline proficiency in intelligence analysis and production, as determined by the Secretary, which may include training using a curriculum developed under section 209; or

(B)

whose experience ensures baseline proficiency in intelligence analysis and production equivalent to the training required under subparagraph (A), as determined by the Secretary.

(13)

Target capabilities

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

(14)

Tribal government

The term tribal government means the government of an Indian tribe.

A

Grants to States and High-Risk Urban Areas

2002.

Homeland Security Grant Programs

(a)

Grants Authorized

The Secretary, through the Administrator, may award grants under sections 2003 and 2004 to State, local, and tribal governments.

(b)

Programs Not Affected

This subtitle shall not be construed to affect any of the following Federal programs:

(1)

Firefighter and other assistance programs authorized under the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.).

(2)

Grants authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(3)

Emergency Management Performance Grants under the amendments made by title II of the Implementing Recommendations of the 9/11 Commission Act of 2007.

(4)

Grants to protect critical infrastructure, including port security grants authorized under section 70107 of title 46, United States Code, and the grants authorized under title XIV and XV of the Implementing Recommendations of the 9/11 Commission Act of 2007 and the amendments made by such titles.

(5)

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

(6)

The Interoperable Emergency Communications Grant Program authorized under title XVIII.

(7)

Grant programs other than those administered by the Department.

(c)

Relationship to Other Laws

(1)

In general

The grant programs authorized under sections 2003 and 2004 shall supercede all grant programs authorized under section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).

(2)

Allocation

The allocation of grants authorized under section 2003 or 2004 shall be governed by the terms of this subtitle and not by any other provision of law.

2003.

Urban Area Security Initiative

(a)

Establishment

There is established an Urban Area Security Initiative to provide grants to assist high-risk urban areas in preventing, preparing for, protecting against, and responding to acts of terrorism.

(b)

Assessment and designation of high-risk urban areas

(1)

In general

The Administrator shall designate high-risk urban areas to receive grants under this section based on procedures under this subsection.

(2)

Initial assessment

(A)

In general

For each fiscal year, the Administrator shall conduct an initial assessment of the relative threat, vulnerability, and consequences from acts of terrorism faced by each eligible metropolitan area, including consideration of—

(i)

the factors set forth in subparagraphs (A) through (H) and (K) of section 2007(a)(1); and

(ii)

information and materials submitted under subparagraph (B).

(B)

Submission of information by eligible metropolitan areas

Prior to conducting each initial assessment under subparagraph (A), the Administrator shall provide each eligible metropolitan area with, and shall notify each eligible metropolitan area of, the opportunity to—

(i)

submit information that the eligible metropolitan area believes to be relevant to the determination of the threat, vulnerability, and consequences it faces from acts of terrorism; and

(ii)

review the risk assessment conducted by the Department of that eligible metropolitan area, including the bases for the assessment by the Department of the threat, vulnerability, and consequences from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous or incomplete information.

(3)

Designation of high-risk urban areas

(A)

Designation

(i)

In general

For each fiscal year, after conducting the initial assessment under paragraph (2), and based on that assessment, the Administrator shall designate high-risk urban areas that may submit applications for grants under this section.

(ii)

Additional areas

Notwithstanding paragraph (2), the Administrator may—

(I)

in any case where an eligible metropolitan area consists of more than 1 metropolitan division (as that term is defined by the Office of Management and Budget) designate more than 1 high-risk urban area within a single eligible metropolitan area; and

(II)

designate an area that is not an eligible metropolitan area as a high-risk urban area based on the assessment by the Administrator of the relative threat, vulnerability, and consequences from acts of terrorism faced by the area.

(iii)

Rule of construction

Nothing in this subsection may be construed to require the Administrator to—

(I)

designate all eligible metropolitan areas that submit information to the Administrator under paragraph (2)(B)(i) as high-risk urban areas; or

(II)

designate all areas within an eligible metropolitan area as part of the high-risk urban area.

(B)

Jurisdictions included in high-risk urban areas

(i)

In general

In designating high-risk urban areas under subparagraph (A), the Administrator shall determine which jurisdictions, at a minimum, shall be included in each high-risk urban area.

(ii)

Additional jurisdictions

A high-risk urban area designated by the Administrator may, in consultation with the State or States in which such high-risk urban area is located, add additional jurisdictions to the high-risk urban area.

(c)

Application

(1)

In general

An area designated as a high-risk urban area under subsection (b) may apply for a grant under this section.

(2)

Minimum contents of application

In an application for a grant under this section, a high-risk urban area shall submit—

(A)

a plan describing the proposed division of responsibilities and distribution of funding among the local and tribal governments in the high-risk urban area;

(B)

the name of an individual to serve as a high-risk urban area liaison with the Department and among the various jurisdictions in the high-risk urban area; and

(C)

such information in support of the application as the Administrator may reasonably require.

(3)

Annual applications

Applicants for grants under this section shall apply or reapply on an annual basis.

(4)

State Review and Transmission

(A)

In general

To ensure consistency with State homeland security plans, a high-risk urban area applying for a grant under this section shall submit its application to each State within which any part of that high-risk urban area is located for review before submission of such application to the Department.

(B)

Deadline

Not later than 30 days after receiving an application from a high-risk urban area under subparagraph (A), a State shall transmit the application to the Department.

(C)

Opportunity for State comment

If the Governor of a State determines that an application of a high-risk urban area is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall—

(i)

notify the Administrator, in writing, of that fact; and

(ii)

provide an explanation of the reason for not supporting the application at the time of transmission of the application.

(5)

Opportunity to Amend

In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.

(d)

Distribution of Awards

(1)

In general

If the Administrator approves the application of a high-risk urban area for a grant under this section, the Administrator shall distribute the grant funds to the State or States in which that high-risk urban area is located.

(2)

State distribution of funds

(A)

In general

Not later than 45 days after the date that a State receives grant funds under paragraph (1), that State shall provide the high-risk urban area awarded that grant not less than 80 percent of the grant funds. Any funds retained by a State shall be expended on items, services, or activities that benefit the high-risk urban area.

(B)

Funds retained

A State shall provide each relevant high-risk urban area with an accounting of the items, services, or activities on which any funds retained by the State under subparagraph (A) were expended.

(3)

Interstate urban areas

If parts of a high-risk urban area awarded a grant under this section are located in 2 or more States, the Administrator shall distribute to each such State—

(A)

a portion of the grant funds in accordance with the proposed distribution set forth in the application; or

(B)

if no agreement on distribution has been reached, a portion of the grant funds determined by the Administrator to be appropriate.

(4)

Certifications regarding distribution of grant funds to high-risk urban areas

A State that receives grant funds under paragraph (1) shall certify to the Administrator that the State has made available to the applicable high-risk urban area the required funds under paragraph (2).

(e)

Authorization of Appropriations

There are authorized to be appropriated for grants under this section—

(1)

$850,000,000 for fiscal year 2008;

(2)

$950,000,000 for fiscal year 2009;

(3)

$1,050,000,000 for fiscal year 2010;

(4)

$1,150,000,000 for fiscal year 2011;

(5)

$1,300,000,000 for fiscal year 2012; and

(6)

such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.

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, and responding to acts of terrorism.

(b)

Application

(1)

In general

Each State may apply for a grant under this section, and shall submit such information in support of the application as the Administrator may reasonably require.

(2)

Minimum contents of application

The Administrator shall require that each State include in its application, at a minimum—

(A)

the purpose for which the State seeks grant funds and the reasons why the State needs the grant to meet the target capabilities of that State;

(B)

a description of how the State plans to allocate the grant funds to local governments and Indian tribes; and

(C)

a budget showing how the State intends to expend the grant funds.

(3)

Annual applications

Applicants for grants under this section shall apply or reapply on an annual basis.

(c)

Distribution to Local and Tribal Governments

(1)

In general

Not later than 45 days after receiving grant funds, any State receiving a grant under this section shall make available to local and tribal governments, consistent with the applicable State homeland security plan—

(A)

not less than 80 percent of the grant funds;

(B)

with the consent of local and tribal governments, items, services, or activities having a value of not less than 80 percent of the amount of the grant; or

(C)

with the consent of local and tribal governments, grant funds combined with other items, services, or activities having a total value of not less than 80 percent of the amount of the grant.

(2)

Certifications regarding distribution of grant funds to local governments

A State shall certify to the Administrator that the State has made the distribution to local and tribal governments required under paragraph (1).

(3)

Extension of period

The Governor of a State may request in writing that the Administrator extend the period under paragraph (1) for an additional period of time. The Administrator may approve such a request if the Administrator determines that the resulting delay in providing grant funding to the local and tribal governments is necessary to promote effective investments to prevent, prepare for, protect against, or respond to acts of terrorism.

(4)

Exception

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

(5)

Direct funding

If a State fails to make the distribution to local or tribal governments required under paragraph (1) in a timely fashion, a local or tribal government entitled to receive such distribution may petition the Administrator to request that grant funds be provided directly to the local or tribal government.

(d)

Multistate applications

(1)

In general

Instead of, or in addition to, any application for a grant under subsection (b), 2 or more States may submit an application for a grant under this section in support of multistate efforts to prevent, prepare for, protect against, and respond to acts of terrorism.

(2)

Administration of grant

If a group of States applies for a grant under this section, such States shall submit to the Administrator at the time of application a plan describing—

(A)

the division of responsibilities for administering the grant; and

(B)

the distribution of funding among the States that are parties to the application.

(e)

Minimum Allocation

(1)

In general

In allocating funds under this section, the Administrator shall ensure that—

(A)

except as provided in subparagraph (B), each State receives, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to—

(i)

0.375 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2008;

(ii)

0.365 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2009;

(iii)

0.36 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2010;

(iv)

0.355 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2011; and

(v)

0.35 percent of the total funds appropriated for grants under this section and section 2003 in fiscal year 2012 and in each fiscal year thereafter; and

(B)

for each fiscal year, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to 0.08 percent of the total funds appropriated for grants under this section and section 2003.

(2)

Effect of multistate award on State minimum

Any portion of a multistate award provided to a State under subsection (d) shall be considered in calculating the minimum State allocation under this subsection.

(f)

Authorization of Appropriations

There are authorized to be appropriated for grants under this section—

(1)

$950,000,000 for each of fiscal years 2008 through 2012; and

(2)

such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.

2005.

Grants to directly eligible tribes

(a)

In general

Notwithstanding section 2004(b), the Administrator may award grants to directly eligible tribes under section 2004.

(b)

Tribal applications

A directly eligible tribe may apply for a grant under section 2004 by submitting an application to the Administrator that includes, as appropriate, the information required for an application by a State under section 2004(b).

(c)

Consistency with State plans

(1)

In general

To ensure consistency with any applicable State homeland security plan, a directly eligible tribe applying for a grant under section 2004 shall provide a copy of its application to each State within which any part of the tribe is located for review before the tribe submits such application to the Department.

(2)

Opportunity for comment

If the Governor of a State determines that the application of a directly eligible tribe is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, not later than 30 days after the date of receipt of that application the Governor shall—

(A)

notify the Administrator, in writing, of that fact; and

(B)

provide an explanation of the reason for not supporting the application.

(d)

Final authority

The Administrator shall have final authority to approve any application of a directly eligible tribe. The Administrator shall notify each State within the boundaries of which any part of a directly eligible tribe is located of the approval of an application by the tribe.

(e)

Prioritization

The Administrator shall allocate funds to directly eligible tribes in accordance with the factors applicable to allocating funds among States under section 2007.

(f)

Distribution of awards to directly eligible tribes

If the Administrator awards funds to a directly eligible tribe under this section, the Administrator shall distribute the grant funds directly to the tribe and not through any State.

(g)

Minimum allocation

(1)

In general

In allocating funds under this section, the Administrator shall ensure that, for each fiscal year, directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 2004, not less than an amount equal to 0.1 percent of the total funds appropriated for grants under sections 2003 and 2004.

(2)

Exception

This subsection shall not apply in any fiscal year in which the Administrator—

(A)

receives fewer than 5 applications under this section; or

(B)

does not approve at least 2 applications under this section.

(h)

Tribal liaison

A directly eligible tribe applying for a grant under section 2004 shall designate an individual to serve as a tribal liaison with the Department and other Federal, State, local, and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism.

(i)

Eligibility for other funds

A directly eligible tribe that receives a grant under section 2004 may receive funds for other purposes under a grant from the State or States within the boundaries of which any part of such tribe is located and from any high-risk urban area of which it is a part, consistent with the homeland security plan of the State or high-risk urban area.

(j)

State obligations

(1)

In general

States shall be responsible for allocating grant funds received under section 2004 to tribal governments in order to help those tribal communities achieve target capabilities not achieved through grants to directly eligible tribes.

(2)

Distribution of grant funds

With respect to a grant to a State under section 2004, an Indian tribe shall be eligible for funding directly from that State, and shall not be required to seek funding from any local government.

(3)

Imposition of requirements

A State may not impose unreasonable or unduly burdensome requirements on an Indian tribe as a condition of providing the Indian tribe with grant funds or resources under section 2004.

(k)

Rule of construction

Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this subtitle.

2006.

Terrorism prevention

(a)

Law Enforcement Terrorism Prevention Program

(1)

In general

The Administrator shall ensure that not less than 25 percent of the total combined funds appropriated for grants under sections 2003 and 2004 is used for law enforcement terrorism prevention activities.

(2)

Law enforcement terrorism prevention activities

Law enforcement terrorism prevention activities include—

(A)

information sharing and analysis;

(B)

target hardening;

(C)

threat recognition;

(D)

terrorist interdiction;

(E)

overtime expenses consistent with a State homeland security plan, including for the provision of enhanced law enforcement operations in support of Federal agencies, including for increased border security and border crossing enforcement;

(F)

establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 210A(i);

(G)

paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts;

(H)

any other activity permitted under the Fiscal Year 2007 Program Guidance of the Department for the Law Enforcement Terrorism Prevention Program; and

(I)

any other terrorism prevention activity authorized by the Administrator.

(3)

Participation of underrepresented communities in fusion centers

The Administrator shall ensure that grant funds described in paragraph (1) are used to support the participation, as appropriate, of law enforcement and other emergency response providers from rural and other underrepresented communities at risk from acts of terrorism in fusion centers.

(b)

Office for State and local law enforcement

(1)

Establishment

There is established in the Policy Directorate of the Department an Office for State and Local Law Enforcement, which shall be headed by an Assistant Secretary for State and Local Law Enforcement.

(2)

Qualifications

The Assistant Secretary for State and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and other counterterrorism functions.

(3)

Assignment of personnel

The Secretary shall assign to the Office for State and Local Law Enforcement permanent staff and, as appropriate and consistent with sections 506(c)(2), 821, and 888(d), other appropriate personnel detailed from other components of the Department to carry out the responsibilities under this subsection.

(4)

Responsibilities

The Assistant Secretary for State and Local Law Enforcement shall—

(A)

lead the coordination of Department-wide policies relating to the role of State and local law enforcement in preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters within the United States;

(B)

serve as a liaison between State, local, and tribal law enforcement agencies and the Department;

(C)

coordinate with the Office of Intelligence and Analysis to ensure the intelligence and information sharing requirements of State, local, and tribal law enforcement agencies are being addressed;

(D)

work with the Administrator to ensure that law enforcement and terrorism-focused grants to State, local, and tribal government agencies, including grants under sections 2003 and 2004, the Commercial Equipment Direct Assistance Program, and other grants administered by the Department to support fusion centers and law enforcement-oriented programs, are appropriately focused on terrorism prevention activities;

(E)

coordinate with the Science and Technology Directorate, 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; and

(F)

conduct, jointly with the Administrator, a study to determine the efficacy and feasibility of establishing specialized law enforcement deployment teams to assist State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disasters and report on the results of that study to the appropriate committees of Congress.

(5)

Rule of construction

Nothing in this subsection shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the Administrator.

2007.

Prioritization

(a)

In general

In allocating funds among States and high-risk urban areas applying for grants under section 2003 or 2004, the Administrator shall consider, for each State or high-risk urban area—

(1)

its relative threat, vulnerability, and consequences from acts of terrorism, including consideration of—

(A)

its population, including appropriate consideration of military, tourist, and commuter populations;

(B)

its population density;

(C)

its history of threats, including whether it has been the target of a prior act of terrorism;

(D)

its degree of threat, vulnerability, and consequences related to critical infrastructure (for all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security plan, including threats, vulnerabilities, and consequences related to critical infrastructure or key resources in nearby jurisdictions;

(E)

the most current threat assessments available to the Department;

(F)

whether the State has, or the high-risk urban area is located at or near, an international border;

(G)

whether it has a coastline bordering an ocean (including the Gulf of Mexico) or international waters;

(H)

its likely need to respond to acts of terrorism occurring in nearby jurisdictions;

(I)

the extent to which it has unmet target capabilities;

(J)

in the case of a high-risk urban area, the extent to which that high-risk urban area includes—

(i)

those incorporated municipalities, counties, parishes, and Indian tribes within the relevant eligible metropolitan area, the inclusion of which will enhance regional efforts to prevent, prepare for, protect against, and respond to acts of terrorism; and

(ii)

other local and tribal governments in the surrounding area that are likely to be called upon to respond to acts of terrorism within the high-risk urban area; and

(K)

such other factors as are specified in writing by the Administrator; and

(2)

the anticipated effectiveness of the proposed use of the grant by the State or high-risk urban area in increasing the ability of that State or high-risk urban area to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, and to otherwise reduce the overall risk to the high-risk urban area, the State, or the Nation.

(b)

Types of threat

In assessing threat under this section, the Administrator shall consider the following types of threat to critical infrastructure sectors and to populations in all areas of the United States, urban and rural:

(1)

Biological.

(2)

Chemical.

(3)

Cyber.

(4)

Explosives.

(5)

Incendiary.

(6)

Nuclear.

(7)

Radiological.

(8)

Suicide bombers.

(9)

Such other types of threat determined relevant by the Administrator.

2008.

Use of funds

(a)

Permitted uses

Grants awarded under section 2003 or 2004 may be used to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts of terrorism, consistent with a State homeland security plan and relevant local, tribal, and regional homeland security plans, through—

(1)

developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or mutual aid agreements;

(2)

designing, conducting, and evaluating training and exercises, including training and exercises conducted under section 512 of this Act and section 648 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748);

(3)

protecting a system or asset included on the prioritized critical infrastructure list established under section 210E(a)(2);

(4)

purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;

(5)

ensuring operability and achieving interoperability of emergency communications;

(6)

responding to an increase in the threat level under the Homeland Security Advisory System, or to the needs resulting from a National Special Security Event;

(7)

establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion centers that comply with the guidelines established under section 210A(i);

(8)

enhancing school preparedness;

(9)

supporting public safety answering points;

(10)

paying salaries and benefits for personnel, including individuals employed by the grant recipient on the date of the relevant grant application, to serve as qualified intelligence analysts;

(11)

paying expenses directly related to administration of the grant, except that such expenses may not exceed 3 percent of the amount of the grant;

(12)

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

(13)

any other appropriate activity, as determined by the Administrator.

(b)

Limitations on use of funds

(1)

In general

Funds provided under section 2003 or 2004 may not be used—

(A)

to supplant State or local funds, except that nothing in this paragraph shall prohibit the use of grant funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis that a State or high-risk urban area has previously used State or local funds to support the same or similar uses; or

(B)

for any State or local government cost-sharing contribution.

(2)

Personnel

(A)

In general

Not more than 50 percent of the amount awarded to a grant recipient under section 2003 or 2004 in any fiscal year may be used to pay for personnel, including overtime and backfill costs, in support of the permitted uses under subsection (a).

(B)

Waiver

At the request of the recipient of a grant under section 2003 or 2004, the Administrator may grant a waiver of the limitation under subparagraph (A).

(3)

Construction

(A)

In general

A grant awarded under section 2003 or 2004 may not be used to acquire land or to construct buildings or other physical facilities.

(B)

Exceptions

(i)

In general

Notwithstanding subparagraph (A), nothing in this paragraph shall prohibit the use of a grant awarded under section 2003 or 2004 to achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making such buildings secure against acts of terrorism.

(ii)

Requirements for exception

No grant awarded under section 2003 or 2004 may be used for a purpose described in clause (i) unless—

(I)

specifically approved by the Administrator;

(II)

any construction work occurs under terms and conditions consistent with the requirements under section 611(j)(9) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9)); and

(III)

the amount allocated for purposes under clause (i) does not exceed the greater of $1,000,000 or 15 percent of the grant award.

(4)

Recreation

Grants awarded under this subtitle may not be used for recreational or social purposes.

(c)

Multiple-Purpose Funds

Nothing in this subtitle shall be construed to prohibit State, local, or tribal governments from using grant funds under sections 2003 and 2004 in a manner that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving target capabilities related to preventing, preparing for, protecting against, or responding to acts of terrorism.

(d)

Reimbursement of Costs

(1)

Paid-on-call or volunteer reimbursement

In addition to the activities described in subsection (a), a grant under section 2003 or 2004 may be used to provide a reasonable stipend to paid-on-call or volunteer emergency response providers who are not otherwise compensated for travel to or participation in training or exercises related to the purposes of this subtitle. Any such reimbursement shall not be considered compensation for purposes of rendering an emergency response provider an employee under the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).

(2)

Performance of Federal duty

An applicant for a grant under section 2003 or 2004 may petition the Administrator to use the funds from its grants under those sections for the reimbursement of the cost of any activity relating to preventing, preparing for, protecting against, or responding to acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by a State or local government under agreement with a Federal agency.

(e)

Flexibility in Unspent Homeland Security Grant Funds

Upon request by the recipient of a grant under section 2003 or 2004, the Administrator may authorize the grant recipient to transfer all or part of the grant funds from uses specified in the grant agreement to other uses authorized under this section, if the Administrator determines that such transfer is in the interests of homeland security.

(f)

Equipment Standards

If an applicant for a grant under section 2003 or 2004 proposes to upgrade or purchase, with 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.

B

Grants Administration

2021.

Administration and coordination

(a)

Regional Coordination

The Administrator shall ensure that—

(1)

all recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) coordinate, as appropriate, their prevention, preparedness, and protection efforts with neighboring State, local, and tribal governments; and

(2)

all high-risk urban areas and other recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) that include or substantially affect parts or all of more than 1 State coordinate, as appropriate, across State boundaries, including, where appropriate, through the use of regional working groups and requirements for regional plans.

(b)

Planning Committees

(1)

In general

Any State or high-risk urban area receiving a grant under section 2003 or 2004 shall establish a planning committee to assist in preparation and revision of the State, regional, or local homeland security plan and to assist in determining effective funding priorities for grants under sections 2003 and 2004.

(2)

Composition

(A)

In general

The planning committee shall include representatives of significant stakeholders, including—

(i)

local and tribal government officials; and

(ii)

emergency response providers, which shall include representatives of the fire service, law enforcement, emergency medical response, and emergency managers.

(B)

Geographic representation

The members of the planning committee shall be a representative group of individuals from the counties, cities, towns, and Indian tribes within the State or high-risk urban area, including, as appropriate, representatives of rural, high-population, and high-threat jurisdictions.

(3)

Existing planning committees

Nothing in this subsection may be construed to require that any State or high-risk urban area create a planning committee if that State or high-risk urban area has established and uses a multijurisdictional planning committee or commission that meets the requirements of this subsection.

(c)

Interagency Coordination

(1)

In general

Not later than 12 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary (acting through the Administrator), the Attorney General, the Secretary of Health and Human Services, and the heads of other agencies providing assistance to State, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters, shall jointly—

(A)

compile a comprehensive list of Federal grant programs for State, local, and tribal governments for preventing, preparing for, protecting against, and responding to natural disasters, acts of terrorism, and other man-made disasters;

(B)

compile the planning, reporting, application, and other requirements and guidance for the grant programs described in subparagraph (A);

(C)

develop recommendations, as appropriate, to—

(i)

eliminate redundant and duplicative requirements for State, local, and tribal governments, including onerous application and ongoing reporting requirements;

(ii)

ensure accountability of the programs to the intended purposes of such programs;

(iii)

coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients;

(iv)

make the programs more accessible and user friendly to applicants; and

(v)

ensure the programs are coordinated to enhance the overall preparedness of the Nation;

(D)

submit the information and recommendations under subparagraphs (A), (B), and (C) to the appropriate committees of Congress; and

(E)

provide the appropriate committees of Congress, the Comptroller General, and any officer or employee of the Government Accountability Office with full access to any information collected or reviewed in preparing the submission under subparagraph (D).

(2)

Scope of task

Nothing in this subsection shall authorize the elimination, or the alteration of the purposes, as delineated by statute, regulation, or guidance, of any grant program that exists on the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, nor authorize the review or preparation of proposals on the elimination, or the alteration of such purposes, of any such grant program.

(d)

Sense of Congress

It is the sense of Congress that, in order to ensure that the Nation is most effectively able to prevent, prepare for, protect against, and respond to all hazards, including natural disasters, acts of terrorism, and other man-made disasters—

(1)

the Department should administer a coherent and coordinated system of both terrorism-focused and all-hazards grants;

(2)

there should be a continuing and appropriate balance between funding for terrorism-focused and all-hazards preparedness, as reflected in the authorizations of appropriations for grants under the amendments made by titles I and II, as applicable, of the Implementing Recommendations of the 9/11 Commission Act of 2007; and

(3)

with respect to terrorism-focused grants, it is necessary to ensure both that the target capabilities of the highest risk areas are achieved quickly and that basic levels of preparedness, as measured by the attainment of target capabilities, are achieved nationwide.

2022.

Accountability

(a)

Audits of grant programs

(1)

Compliance requirements

(A)

Audit requirement

Each recipient of a grant administered by the Department that expends not less than $500,000 in Federal funds during its fiscal year shall submit to the Administrator a copy of the organization-wide financial and compliance audit report required under chapter 75 of title 31, United States Code.

(B)

Access to information

The Department and each recipient of a grant administered by the Department shall provide the Comptroller General and any officer or employee of the Government Accountability Office with full access to information regarding the activities carried out related to any grant administered by the Department.

(C)

Improper payments

Consistent with the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note), for each of the grant programs under sections 2003 and 2004 of this title and section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762), the Administrator shall specify policies and procedures for—

(i)

identifying activities funded under any such grant program that are susceptible to significant improper payments; and

(ii)

reporting any improper payments to the Department.

(2)

Agency program review

(A)

In general

Not less than once every 2 years, the Administrator shall conduct, for each State and high-risk urban area receiving a grant administered by the Department, a programmatic and financial review of all grants awarded by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).

(B)

Contents

Each review under subparagraph (A) shall, at a minimum, examine—

(i)

whether the funds awarded were used in accordance with the law, program guidance, and State homeland security plans or other applicable plans; and

(ii)

the extent to which funds awarded enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural disasters, acts of terrorism, and other man-made disasters.

(C)

Authorization of appropriations

In addition to any other amounts authorized to be appropriated to the Administrator, there are authorized to be appropriated to the Administrator for reviews under this paragraph—

(i)

$8,000,000 for each of fiscal years 2008, 2009, and 2010; and

(ii)

such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.

(3)

Office of Inspector General performance audits

(A)

In general

In order to ensure the effective and appropriate use of grants administered by the Department, the Inspector General of the Department each year shall conduct audits of a sample of States and high-risk urban areas that receive grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).

(B)

Determining samples

The sample selected for audits under subparagraph (A) shall be—

(i)

of an appropriate size to—

(I)

assess the overall integrity of the grant programs described in subparagraph (A); and

(II)

act as a deterrent to financial mismanagement; and

(ii)

selected based on—

(I)

the size of the grants awarded to the recipient;

(II)

the past grant management performance of the recipient;

(III)

concerns identified by the Administrator, including referrals from the Administrator; and

(IV)

such other factors as determined by the Inspector General of the Department.

(C)

Comprehensive auditing

During the 7-year period beginning on the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department shall conduct not fewer than 1 audit of each State that receives funds under a grant under section 2003 or 2004.

(D)

Report by the inspector general

(i)

In general

The Inspector General of the Department shall submit to the appropriate committees of Congress an annual consolidated report regarding the audits completed during the fiscal year before the date of that report.

(ii)

Contents

Each report submitted under clause (i) shall describe, for the fiscal year before the date of that report—

(I)

the audits conducted under subparagraph (A);

(II)

the findings of the Inspector General with respect to the audits conducted under subparagraph (A);

(III)

whether the funds awarded were used in accordance with the law, program guidance, and State homeland security plans and other applicable plans; and

(IV)

the extent to which funds awarded enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural disasters, acts of terrorism and other man-made disasters.

(iii)

Deadline

For each year, the report required under clause (i) shall be submitted not later than December 31.

(E)

Public availability on website

The Inspector General of the Department shall make each audit conducted under subparagraph (A) available on the website of the Inspector General, subject to redaction as the Inspector General determines necessary to protect classified and other sensitive information.

(F)

Provision of information to Administrator

The Inspector General of the Department shall provide to the Administrator any findings and recommendations from audits conducted under subparagraph (A).

(G)

Evaluation of grants management and oversight

Not later than 1 year after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department shall review and evaluate the grants management and oversight practices of the Federal Emergency Management Agency, including assessment of and recommendations relating to—

(i)

the skills, resources, and capabilities of the workforce; and

(ii)

any additional resources and staff necessary to carry out such management and oversight.

(H)

Authorization of appropriations

In addition to any other amounts authorized to be appropriated to the Inspector General of the Department, there are authorized to be appropriated to the Inspector General of the Department for audits under subparagraph (A)—

(i)

$8,500,000 for each of fiscal years 2008, 2009, and 2010; and

(ii)

such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.

(4)

Performance assessment

In order to ensure that States and high-risk urban areas are using grants administered by the Department appropriately to meet target capabilities and preparedness priorities, the Administrator shall—

(A)

ensure that any such State or high-risk urban area conducts or participates in exercises under section 648(b) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b));

(B)

use performance metrics in accordance with the comprehensive assessment system under section 649 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749) and ensure that any such State or high-risk urban area regularly tests its progress against such metrics through the exercises required under subparagraph (A);

(C)

use the remedial action management program under section 650 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 750); and

(D)

ensure that each State receiving a grant administered by the Department submits a report to the Administrator on its level of preparedness, as required by section 652(c) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).

(5)

Consideration of assessments

In conducting program reviews and performance audits under paragraphs (2) and (3), the Administrator and the Inspector General of the Department shall take into account the performance assessment elements required under paragraph (4).

(6)

Recovery audits

The Administrator shall conduct a recovery audit (as that term is defined by the Director of the Office of Management and Budget under section 3561 of title 31, United States Code) for any grant administered by the Department with a total value of not less than $1,000,000, if the Administrator finds that—

(A)

a financial audit has identified improper payments that can be recouped; and

(B)

it is cost effective to conduct a recovery audit to recapture the targeted funds.

(7)

Remedies for Noncompliance

(A)

In general

If, as a result of a review or audit under this subsection or otherwise, the Administrator finds that a recipient of a grant under this title has failed to substantially comply with any provision of law or with any regulations or guidelines of the Department regarding eligible expenditures, the Administrator shall—

(i)

reduce the amount of payment of grant funds to the recipient by an amount equal to the amount of grants funds that were not properly expended by the recipient;

(ii)

limit the use of grant funds to programs, projects, or activities not affected by the failure to comply;

(iii)

refer the matter to the Inspector General of the Department for further investigation;

(iv)

terminate any payment of grant funds to be made to the recipient; or

(v)

take such other action as the Administrator determines appropriate.

(B)

Duration of penalty

The Administrator shall apply an appropriate penalty under subparagraph (A) until such time as the Administrator determines that the grant recipient is in full compliance with the law and with applicable guidelines or regulations of the Department.

(b)

Reports by grant recipients

(1)

Quarterly reports on homeland security spending

(A)

In general

As a condition of receiving a grant under section 2003 or 2004, a State, high-risk urban area, or directly eligible tribe shall, not later than 30 days after the end of each Federal fiscal quarter, submit to the Administrator a report on activities performed using grant funds during that fiscal quarter.

(B)

Contents

Each report submitted under subparagraph (A) shall at a minimum include, for the applicable State, high-risk urban area, or directly eligible tribe, and each subgrantee thereof—

(i)

the amount obligated to that recipient under section 2003 or 2004 in that quarter;

(ii)

the amount of funds received and expended under section 2003 or 2004 by that recipient in that quarter; and

(iii)

a summary description of expenditures made by that recipient using such funds, and the purposes for which such expenditures were made.

(C)

End-of-year report

The report submitted under subparagraph (A) by a State, high-risk urban area, or directly eligible tribe relating to the last quarter of any fiscal year shall include—

(i)

the amount and date of receipt of all funds received under the grant during that fiscal year;

(ii)

the identity of, and amount provided to, any subgrantee for that grant during that fiscal year;

(iii)

the amount and the dates of disbursements of all such funds expended in compliance with section 2021(a)(1) or under mutual aid agreements or other sharing arrangements that apply within the State, high-risk urban area, or directly eligible tribe, as applicable, during that fiscal year; and

(iv)

how the funds were used by each recipient or subgrantee during that fiscal year.

(2)

Annual report

Any State applying for a grant under section 2004 shall submit to the Administrator annually a State preparedness report, as required by section 652(c) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).

(c)

Reports by the Administrator

(1)

Federal Preparedness Report

The Administrator shall submit to the appropriate committees of Congress annually the Federal Preparedness Report required under section 652(a) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)).

(2)

Risk assessment

(A)

In general

For each fiscal year, the Administrator shall provide to the appropriate committees of Congress a detailed and comprehensive explanation of the methodologies used to calculate risk and compute the allocation of funds for grants administered by the Department, including—

(i)

all variables included in the risk assessment and the weights assigned to each such variable;

(ii)

an explanation of how each such variable, as weighted, correlates to risk, and the basis for concluding there is such a correlation; and

(iii)

any change in the methodologies from the previous fiscal year, including changes in variables considered, weighting of those variables, and computational methods.

(B)

Classified annex

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

(C)

Deadline

For each fiscal year, the information required under subparagraph (A) shall be provided on the earlier of—

(i)

October 31; or

(ii)

30 days before the issuance of any program guidance for grants administered by the Department.

(3)

Tribal funding report

At the end of each fiscal year, the Administrator shall submit to the appropriate committees of Congress a report setting forth the amount of funding provided during that fiscal year to Indian tribes under any grant program administered by the Department, whether provided directly or through a subgrant from a State or high-risk urban area.

.

102.

Other amendments to the Homeland Security Act of 2002

(a)

National Advisory Council

Section 508(b) of the Homeland Security Act of 2002 (6 U.S.C. 318(b)) is amended—

(1)

by striking The National Advisory the first place that term appears and inserting the following:

(1)

In general

The National Advisory

; and

(2)

by adding at the end the following:

(2)

Consultation on grants

To ensure input from and coordination with State, local, and tribal governments and emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council on the administration and assessment of grant programs administered by the Department, including with respect to the development of program guidance and the development and evaluation of risk-assessment methodologies, as appropriate.

.

(b)

Evacuation Planning

Section 512(b)(5)(A) of the Homeland Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by inserting , including the elderly after needs.

103.

Amendments to the Post-Katrina Emergency Management Reform Act of 2006

(a)

Funding efficacy

Section 652(a)(2) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)) is amended—

(1)

in subparagraph (C), by striking and at the end;

(2)

in subparagraph (D), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(E)

an evaluation of the extent to which grants administered by the Department, including grants under title XX of the Homeland Security Act of 2002—

(i)

have contributed to the progress of State, local, and tribal governments in achieving target capabilities; and

(ii)

have led to the reduction of risk from natural disasters, acts of terrorism, or other man-made disasters nationally and in State, local, and tribal jurisdictions.

.

(b)

State preparedness report

Section 652(c)(2)(D) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)(2)(D)) is amended by striking an assessment of resource needs and inserting a discussion of the extent to which target capabilities identified in the applicable State homeland security plan and other applicable plans remain unmet and an assessment of resources needed.

104.

Technical and conforming amendments

(a)

In general

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended—

(1)

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

(2)

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

(3)

in section 1904(a), as so redesignated, by striking section 1802 and inserting section 1902;

(4)

in section 1906, as so redesignated, by striking section 1802(a) each place that term appears and inserting section 1902(a); and

(5)

in the table of contents in section 1(b), by striking the items relating to title XVIII and sections 1801 through 1806, as added by the SAFE Port Act (Public Law 109–347; 120 Stat. 1884), and inserting the following:

Title XIX—DOMESTIC NUCLEAR DETECTION OFFICE

Sec. 1901. Domestic Nuclear Detection Office.

Sec. 1902. Mission of Office.

Sec. 1903. Hiring authority.

Sec. 1904. Testing authority.

Sec. 1905. Relationship to other Department entities and Federal agencies.

Sec. 1906. Contracting and grant making authorities.

Title XX—HOMELAND SECURITY GRANTS

Sec. 2001. Definitions.

Subtitle A—Grants to States and High-Risk Urban Areas

Sec. 2002. Homeland Security Grant Programs.

Sec. 2003. Urban Area Security Initiative.

Sec. 2004. State Homeland Security Grant Program.

Sec. 2005. Grants to directly eligible tribes.

Sec. 2006. Terrorism prevention.

Sec. 2007. Prioritization.

Sec. 2008. Use of funds.

Subtitle B—Grants Administration

Sec. 2021. Administration and coordination.

Sec. 2022. Accountability.

.

II

EMERGENCY MANAGEMENT PERFORMANCE GRANTS

201.

Emergency management performance grant program

Section 662 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 762) is amended to read as follows:

662.

Emergency management performance grants program

(a)

Definitions

In this section—

(1)

the term program means the emergency management performance grants program described in subsection (b); and

(2)

the term State has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

(b)

In general

The Administrator of the Federal Emergency Management Agency shall continue implementation of an emergency management performance grants program, to make grants to States to assist State, local, and tribal governments in preparing for all hazards, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(c)

Federal Share

Except as otherwise specifically provided by title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the cost of an activity carried out using funds made available under the program shall not exceed 50 percent.

(d)

Apportionment

For fiscal year 2008, and each fiscal year thereafter, the Administrator shall apportion the amounts appropriated to carry out the program among the States as follows:

(1)

Baseline amount

The Administrator shall first apportion 0.25 percent of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands and 0.75 percent of such amounts to each of the remaining States.

(2)

Remainder

The Administrator shall apportion the remainder of such amounts in the ratio that—

(A)

the population of each State; bears to

(B)

the population of all States.

(e)

Consistency in allocation

Notwithstanding subsection (d), in any fiscal year before fiscal year 2013 in which the appropriation for grants under this section is equal to or greater than the appropriation for emergency management performance grants in fiscal year 2007, no State shall receive an amount under this section for that fiscal year less than the amount that State received in fiscal year 2007.

(f)

Authorization of appropriations

There is authorized to be appropriated to carry out the program—

(1)

for fiscal year 2008, $400,000,000;

(2)

for fiscal year 2009, $535,000,000;

(3)

for fiscal year 2010, $680,000,000;

(4)

for fiscal year 2011, $815,000,000; and

(5)

for fiscal year 2012, $950,000,000.

.

202.

Grants for construction of emergency operations centers

Section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) is amended to read as follows:

614.

Grants for construction of emergency operations centers

(a)

Grants

The Administrator of the Federal Emergency Management Agency may make grants to States under this title for equipping, upgrading, and constructing State and local emergency operations centers.

(b)

Federal share

Notwithstanding any other provision of this title, the Federal share of the cost of an activity carried out using amounts from grants made under this section shall not exceed 75 percent.

.

III

ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

301.

Interoperable emergency communications grant program

(a)

Establishment

Title XVIII of the Homeland Security Act of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end the following new section:

1809.

Interoperable emergency communications grant program

(a)

Establishment

The Secretary shall establish the Interoperable Emergency Communications Grant Program to make grants to States to carry out initiatives to improve local, tribal, statewide, regional, national and, where appropriate, international interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters.

(b)

Policy

The Director for Emergency Communications shall ensure that a grant awarded to a State under this section is consistent with the policies established pursuant to the responsibilities and authorities of the Office of Emergency Communications under this title, including ensuring that activities funded by the grant—

(1)

comply with the statewide plan for that State required by section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); and

(2)

comply with the National Emergency Communications Plan under section 1802, when completed.

(c)

Administration

(1)

In general

The Administrator of the Federal Emergency Management Agency shall administer the Interoperable Emergency Communications Grant Program pursuant to the responsibilities and authorities of the Administrator under title V of the Act.

(2)

Guidance

In administering the grant program, the Administrator shall ensure that the use of grants is consistent with guidance established by the Director of Emergency Communications pursuant to section 7303(a)(1)(H) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(a)(1)(H)).

(d)

Use of funds

A State that receives a grant under this section shall use the grant to implement that State’s Statewide Interoperability Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)) and approved under subsection (e), and to assist with activities determined by the Secretary to be integral to interoperable emergency communications.

(e)

Approval of plans

(1)

Approval as condition of grant

Before a State may receive a grant under this section, the Director of Emergency Communications shall approve the State’s 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)).

(2)

Plan requirements

In approving a plan under this subsection, the Director of Emergency Communications shall ensure that the plan—

(A)

is designed to improve interoperability at the city, county, regional, State and interstate level;

(B)

considers any applicable local or regional plan; and

(C)

complies, to the maximum extent practicable, with the National Emergency Communications Plan under section 1802.

(3)

Approval of revisions

The Director of Emergency Communications may approve revisions to a State’s plan if the Director determines that doing so is likely to further interoperability.

(f)

Limitations on uses of funds

(1)

In general

The recipient of a grant under this section may not use the grant—

(A)

to supplant State or local funds;

(B)

for any State or local government cost-sharing contribution; or

(C)

for recreational or social purposes.

(2)

Penalties

In addition to other remedies currently available, the Secretary may take such actions as necessary to ensure that recipients of grant funds are using the funds for the purpose for which they were intended.

(g)

Limitations on award of grants

(1)

National Emergency Communications Plan required

The Secretary may not award a grant under this section before the date on which the Secretary completes and submits to Congress the National Emergency Communications Plan required under section 1802.

(2)

Voluntary consensus standards

The Secretary may not award a grant to a State under this section for the purchase of equipment that does not meet applicable voluntary consensus standards, unless the State demonstrates that there are compelling reasons for such purchase.

(h)

Award of grants

In approving applications and awarding grants under this section, the Secretary shall consider—

(1)

the risk posed to each State by natural disasters, acts of terrorism, or other manmade disasters, including—

(A)

the likely need of a jurisdiction within the State to respond to such risk in nearby jurisdictions;

(B)

the degree of threat, vulnerability, and consequences related to critical infrastructure (from all critical infrastructure sectors) or key resources identified by the Administrator or the State homeland security and emergency management plans, including threats to, vulnerabilities of, and consequences from damage to critical infrastructure and key resources in nearby jurisdictions;

(C)

the size of the population and density of the population of the State, including appropriate consideration of military, tourist, and commuter populations;

(D)

whether the State is on or near an international border;

(E)

whether the State encompasses an economically significant border crossing; and

(F)

whether the State has a coastline bordering an ocean, a major waterway used for interstate commerce, or international waters; and

(2)

the anticipated effectiveness of the State’s proposed use of grant funds to improve interoperability.

(i)

Opportunity to amend applications

In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.

(j)

Minimum grant amounts

(1)

States

In awarding grants under this section, the Secretary shall ensure that for each fiscal year, except as provided in paragraph (2), no State receives a grant in an amount that is less than the following percentage of the total amount appropriated for grants under this section for that fiscal year:

(A)

For fiscal year 2008, 0.50 percent.

(B)

For fiscal year 2009, 0.50 percent.

(C)

For fiscal year 2010, 0.45 percent.

(D)

For fiscal year 2011, 0.40 percent.

(E)

For fiscal year 2012 and each subsequent fiscal year, 0.35 percent.

(2)

Territories and possessions

In awarding grants under this section, the Secretary shall ensure that for each fiscal year, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive grants in amounts that are not less than 0.08 percent of the total amount appropriated for grants under this section for that fiscal year.

(k)

Certification

Each State that receives a grant under this section shall certify that the grant is used for the purpose for which the funds were intended and in compliance with the State’s approved Statewide Interoperable Communications Plan.

(l)

State responsibilities

(1)

Availability of funds to local and tribal governments

Not later than 45 days after receiving grant funds, any State that receives a grant under this section shall obligate or otherwise make available to local and tribal governments—

(A)

not less than 80 percent of the grant funds;

(B)

with the consent of local and tribal governments, eligible expenditures having a value of not less than 80 percent of the amount of the grant; or

(C)

grant funds combined with other eligible expenditures having a total value of not less than 80 percent of the amount of the grant.

(2)

Allocation of funds

A State that receives a grant under this section shall allocate grant funds to tribal governments in the State to assist tribal communities in improving interoperable communications, in a manner consistent with the Statewide Interoperable Communications Plan. A State may not impose unreasonable or unduly burdensome requirements on a tribal government as a condition of providing grant funds or resources to the tribal government.

(3)

Penalties

If a State violates the requirements of this subsection, in addition to other remedies available to the Secretary, the Secretary may terminate or reduce the amount of the grant awarded to that State or transfer grant funds previously awarded to the State directly to the appropriate local or tribal government.

(m)

Reports

(1)

Annual reports by State grant recipients

A State that receives a grant under this section shall annually submit to the Director of Emergency Communications a report on the progress of the State in implementing that State’s Statewide Interoperable Communications Plans required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)) and achieving interoperability at the city, county, regional, State, and interstate levels. The Director shall make the reports publicly available, including by making them available on the Internet website of the Office of Emergency Communications, subject to any redactions that the Director determines are necessary to protect classified or other sensitive information.

(2)

Annual reports to Congress

At least once each year, the Director of Emergency Communications shall submit to Congress a report on the use of grants awarded under this section and any progress in implementing Statewide Interoperable Communications Plans and improving interoperability at the city, county, regional, State, and interstate level, as a result of the award of such grants.

(n)

Rule of construction

Nothing in this section shall be construed or interpreted to preclude a State from using a grant awarded under this section for interim or long-term Internet Protocol-based interoperable solutions.

(o)

Authorization of appropriations

There are authorized to be appropriated for grants under this section—

(1)

for fiscal year 2008, such sums as may be necessary;

(2)

for each of fiscal years 2009 through 2012, $400,000,000; and

(3)

for each subsequent fiscal year, such sums as may be necessary.

.

(b)

Clerical Amendment

The table of contents in section l(b) of such Act is amended by inserting after the item relating to section 1808 the following:

Sec. 1809. Interoperable Emergency Communications Grant Program.

.

(c)

Interoperable communications plans

Section 7303 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194) is amended—

(1)

in subsection (f)—

(A)

in paragraph (4), by striking and at the end;

(B)

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

(C)

by adding at the end the following:

(6)

include information on the governance structure used to develop the plan, including such information about all agencies and organizations that participated in developing the plan and the scope and timeframe of the plan; and

(7)

describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the jurisdiction, and the process for continuing to incorporate such input.

;

(2)

in subsection (g)(1), by striking or video and inserting and video.

(d)

National emergency communications plan

Section 1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended—

(1)

in paragraph (8), by striking and at the end;

(2)

in paragraph (9), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(10)

set a date, including interim benchmarks, as appropriate, by which State, local, and tribal governments, Federal departments and agencies, and emergency response providers expect to achieve a baseline level of national interoperable communications, as that term is defined under section 7303(g)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(g)(1)).

.

302.

Border interoperability demonstration project

(a)

In general

Title XVIII of the Homeland Security Act of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end the following new section:

1810.

Border interoperability demonstration project

(a)

In General

(1)

Establishment

The Secretary, acting through the Director of the Office of Emergency Communications (referred to in this section as the Director), and in coordination with the Federal Communications Commission and the Secretary of Commerce, shall establish an International Border Community Interoperable Communications Demonstration Project (referred to in this section as the demonstration project).

(2)

Minimum number of communities

The Director shall select no fewer than 6 communities to participate in a demonstration project.

(3)

Location of communities

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

(b)

Conditions

The Director, in coordination with the Federal Communications Commission and the Secretary of Commerce, shall ensure that the project is carried out as soon as adequate spectrum is available as a result of the 800 megahertz rebanding process in border areas, and shall ensure that the border projects do not impair or impede the rebanding process, but under no circumstances shall funds be distributed under this section unless the Federal Communications Commission and the Secretary of Commerce agree that these conditions have been met.

(c)

Program Requirements

Consistent with the responsibilities of the Office of Emergency Communications under section 1801, the Director shall foster local, tribal, State, and Federal interoperable emergency communications, as well as interoperable emergency communications with appropriate Canadian and Mexican authorities in the communities selected for the demonstration project. The Director shall—

(1)

identify solutions to facilitate interoperable communications across national borders expeditiously;

(2)

help ensure that emergency response providers can communicate with each other in the event of natural disasters, acts of terrorism, and other man-made disasters;

(3)

provide technical assistance to enable emergency response providers to deal with threats and contingencies in a variety of environments;

(4)

identify appropriate joint-use equipment to ensure communications access;

(5)

identify solutions to facilitate communications between emergency response providers in communities of differing population densities; and

(6)

take other actions or provide equipment as the Director deems appropriate to foster interoperable emergency communications.

(d)

Distribution of Funds

(1)

In general

The Secretary shall distribute funds under this section to each community participating in the demonstration project through the State, or States, in which each community is located.

(2)

Other participants

A State shall make the funds available promptly to the local and tribal governments and emergency response providers selected by the Secretary to participate in the demonstration project.

(3)

Report

Not later than 90 days after a State receives funds under this subsection the State shall report to the Director on the status of the distribution of such funds to local and tribal governments.

(e)

Maximum Period of Grants

The Director may not fund any participant under the demonstration project for more than 3 years.

(f)

Transfer of Information and Knowledge

The Director shall establish mechanisms to ensure that the information and knowledge gained by participants in the demonstration project are transferred among the participants and to other interested parties, including other communities that submitted applications to the participant in the project.

(g)

Authorization of Appropriations

There is authorized to be appropriated for grants under this section such sums as may be necessary.

.

(b)

Clerical amendment

The table of contents in section 1(b) of that Act is amended by inserting after the item relating to section 1809 the following:

Sec. 1810. Border interoperability demonstration project.

.

IV

STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

401.

Definitions

(a)

In general

Section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311) is amended—

(1)

by redesignating paragraphs (10) and (11) as paragraphs (12) and (13), respectively;

(2)

by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;

(3)

by inserting after paragraph (3) the following:

(4)

the terms credentialed and credentialing mean having provided, or providing, respectively, documentation that identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under section 510;

;

(4)

by inserting after paragraph (10), as so redesignated, the following:

(11)

the term resources means personnel and major items of equipment, supplies, and facilities available or potentially available for responding to a natural disaster, act of terrorism, or other man-made disaster;

;

(5)

in paragraph (12), as so redesignated, by striking and at the end;

(6)

in paragraph (13), as so redesignated, by striking the period at the end and inserting ; and; and

(7)

by adding at the end the following:

(14)

the terms typed and typing mean having evaluated, or evaluating, respectively, a resource in accordance with standards created under section 510.

.

(b)

Technical and conforming amendments

Section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741) is amended—

(1)

by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively;

(2)

by inserting after paragraph (1) the following:

(2)

Credentialed; credentialing

The terms credentialed and credentialing have the meanings given those terms in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).

; and

(3)

by adding at the end the following:

(12)

Resources

The term resources has the meaning given that term in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).

(13)

Type

The term type means a classification of resources that refers to the capability of a resource.

(14)

Typed; typing

The terms typed and typing have the meanings given those terms in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).

.

402.

National exercise program design

Section 648(b)(2)(A) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by striking clauses (iv) and (v) and inserting the following:

(iv)

designed to provide for the systematic evaluation of readiness and enhance operational understanding of the incident command system and relevant mutual aid agreements;

(v)

designed to address the unique requirements of populations with special needs, including the elderly; and

(vi)

designed to promptly develop after-action reports and plans for quickly incorporating lessons learned into future operations; and

.

403.

National exercise program model exercises

Section 648(b)(2)(B) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by striking shall provide and all that follows through of exercises and inserting the following: shall include a selection of model exercises that State, local, and tribal governments can readily adapt for use and provide assistance to State, local, and tribal governments with the design, implementation, and evaluation of exercises (whether a model exercise program or an exercise designed locally).

404.

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—

(1)

in subparagraph (H) by striking and at the end;

(2)

by redesignating subparagraph (I) as subparagraph (K); and

(3)

by inserting after subparagraph (H) the following:

(I)

coordinating with the private sector to help ensure private sector preparedness for natural disasters, acts of terrorism, and other man-made disasters;

(J)

assisting State, local, and tribal governments, where appropriate, to preidentify and evaluate suitable sites where a multijurisdictional incident command system may quickly be established and operated from, if the need for such a system arises; and

.

405.

Federal response capability inventory

Section 651 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 751) is amended—

(1)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking The inventory and inserting For each Federal agency with responsibilities under the National Response Plan, the inventory;

(B)

in paragraph (1), by striking and at the end;

(C)

by redesignating paragraph (2) as paragraph (4); and

(D)

by inserting after paragraph (1) the following:

(2)

a list of personnel credentialed in accordance with section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320);

(3)

a list of resources typed in accordance with section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320); and

; and

(2)

in subsection (d)—

(A)

in paragraph (1), by striking capabilities, readiness and all that follows and inserting the following: “—

(A)

capabilities;

(B)

readiness;

(C)

the compatibility of equipment;

(D)

credentialed personnel; and

(E)

typed resources;

;

(B)

in paragraph (2), by inserting of capabilities, credentialed personnel, and typed resources after rapid deployment; and

(C)

in paragraph (3), by striking inventories and inserting the inventory described in subsection (a).

406.

Reporting requirements

Section 652(a)(2) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 103, is further amended—

(1)

in subparagraph (C), by striking section 651(a); and inserting section 651, including the number and type of credentialed personnel in each category of personnel trained and ready to respond to a natural disaster, act of terrorism, or other man-made disaster;;

(2)

in subparagraph (D), by striking and at the end;

(3)

in subparagraph (E), by striking the period at the end and inserting ; and; and

(4)

by adding at the end the following:

(F)

a discussion of whether the list of credentialed personnel of the Agency described in section 651(b)(2)—

(i)

complies with the strategic human capital plan developed under section 10102 of title 5, United States Code; and

(ii)

is sufficient to respond to a natural disaster, act of terrorism, or other man-made disaster, including a catastrophic incident.

.

407.

Federal preparedness

Section 653 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 753) is amended—

(1)

in subsection (a)—

(A)

in the matter preceding paragraph (1), by striking coordinating, primary, or supporting;

(B)

in paragraph (2), by inserting , including credentialing of personnel and typing of resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster in accordance with section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320) before the semicolon at the end;

(C)

in paragraph (3), by striking and at the end;

(D)

in paragraph (4), by striking the period at the end and inserting ; and; and

(E)

by adding at the end the following:

(5)

regularly updates, verifies the accuracy of, and provides to the Administrator the information in the inventory required under section 651.

; and

(2)

in subsection (d)—

(A)

by inserting to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives after The President shall certify; and

(B)

by striking coordinating, primary, or supporting.

408.

Credentialing and typing

Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320) is amended—

(1)

by striking The Administrator and inserting the following:

(a)

In general

The Administrator

;

(2)

in subsection (a), as so designated, by striking credentialing of personnel and typing of and inserting for credentialing and typing of incident management personnel, emergency response providers, and other personnel (including temporary personnel) and; and

(3)

by adding at the end the following:

(b)

Distribution

(1)

In general

Not later than 1 year after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to—

(A)

each Federal agency that has responsibilities under the National Response Plan to aid that agency with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster; and

(B)

State, local, and tribal governments, to aid such governments with credentialing and typing of State, local, and tribal incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster.

(2)

Assistance

The Administrator shall provide expertise and technical assistance to aid Federal, State, local, and tribal government agencies with credentialing and typing incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other man-made disaster.

(c)

Credentialing and typing of personnel

Not later than 6 months after receiving the standards provided under subsection (b), each Federal agency with responsibilities under the National Response Plan shall ensure that incident management personnel, emergency response providers, and other personnel (including temporary personnel) and resources likely needed to respond to a natural disaster, act of terrorism, or other manmade disaster are credentialed and typed in accordance with this section.

(d)

Consultation on health care standards

In developing standards for credentialing health care professionals under this section, the Administrator shall consult with the Secretary of Health and Human Services.

.

409.

Model standards and guidelines for critical infrastructure workers

(a)

In general

Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:

522.

Model standards and guidelines for critical infrastructure workers

(a)

In general

Not later than 12 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and in coordination with appropriate national professional organizations, Federal, State, local, and tribal government agencies, and private-sector and nongovernmental entities, the Administrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be used by a State to credential critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other man-made disaster.

(b)

Distribution and assistance

The Administrator shall provide the standards developed under subsection (a), including detailed written guidance, to State, local, and tribal governments, and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure workers that may respond to a natural disaster, act of terrorism, or other manmade disaster.

.

(b)

Technical and conforming amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is amended by inserting after the item relating to section 521 the following:

Sec. 522. Model standards and guidelines for critical infrastructure workers.

.

410.

Authorization of appropriations

There are authorized to be appropriated such sums as necessary to carry out this title and the amendments made by this title.

V

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

A

Homeland Security Information Sharing Enhancement

501.

Homeland Security Advisory System and information sharing

(a)

Advisory System and Information Sharing

(1)

In general

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

203.

Homeland Security Advisory System

(a)

Requirement

The Secretary shall administer the Homeland Security Advisory System in accordance with this section to provide advisories or warnings regarding the threat or risk that acts of terrorism will be committed on the homeland to Federal, State, local, and tribal government authorities and to the people of the United States, as appropriate. The Secretary shall exercise primary responsibility for providing such advisories or warnings.

(b)

Required Elements

In administering the Homeland Security Advisory System, the Secretary shall—

(1)

establish criteria for the issuance and revocation of such advisories or warnings;

(2)

develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation of such advisories or warnings;

(3)

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

(4)

whenever possible, limit the scope of each such advisory or warning to a specific region, locality, or economic sector believed to be under threat or at risk; and

(5)

not, in issuing any advisory or warning, use color designations as the exclusive means of specifying homeland security threat conditions that are the subject of the advisory or warning.

204.

Homeland Security information sharing

(a)

Information Sharing

Consistent with section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary, acting through the Under Secretary for Intelligence and Analysis, shall integrate the information and standardize the format of the products of the intelligence components of the Department containing homeland security information, terrorism information, weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))) except for any internal security protocols or personnel information of such intelligence components, or other administrative processes that are administered by any chief security officer of the Department.

(b)

Information Sharing and Knowledge Management Officers

For each intelligence component of the Department, the Secretary shall designate an information sharing and knowledge management officer who shall report to the Under Secretary for Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland security information or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))).

(c)

State, Local, and Private-Sector Sources of Information

(1)

Establishment of business processes

The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall—

(A)

establish Department-wide procedures for the review and analysis of information provided by State, local, and tribal governments and the private sector;

(B)

as appropriate, integrate such information into the information gathered by the Department and other departments and agencies of the Federal Government; and

(C)

make available such information, as appropriate, within the Department and to other departments and agencies of the Federal Government.

(2)

Feedback

The Secretary shall develop mechanisms to provide feedback regarding the analysis and utility of information provided by any entity of State, local, or tribal government or the private sector that provides such information to the Department.

(d)

Training and Evaluation of Employees

(1)

Training

The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall provide to employees of the Department opportunities for training and education to develop an understanding of—

(A)

the definitions of homeland security information and national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))); and

(B)

how information available to such employees as part of their duties—

(i)

might qualify as homeland security information or national intelligence; and

(ii)

might be relevant to the Office of Intelligence and Analysis and the intelligence components of the Department.

(2)

Evaluations

The Under Secretary for Intelligence and Analysis shall—

(A)

on an ongoing basis, evaluate how employees of the Office of Intelligence and Analysis and the intelligence components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this title, 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); and

(B)

provide to the appropriate component heads regular reports regarding the evaluations under subparagraph (A).

205.

Comprehensive information technology network architecture

(a)

Establishment

The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall establish, consistent with the policies and procedures developed under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), and consistent with the enterprise architecture of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that connects the various databases and related information technology assets of the Office of Intelligence and Analysis and the intelligence components of the Department in order to promote internal information sharing among the intelligence and other personnel of the Department.

(b)

Comprehensive information technology network architecture defined

The term comprehensive information technology network architecture means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis.

206.

Coordination with information sharing environment

(a)

Guidance

All activities to comply with sections 203, 204, and 205 shall be—

(1)

consistent with any policies, guidelines, procedures, instructions, or standards established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485);

(2)

implemented in coordination with, as appropriate, the program manager for the information sharing environment established under that section;

(3)

consistent with any applicable guidance issued by the Director of National Intelligence; and

(4)

consistent with any applicable guidance issued by the Secretary relating to the protection of law enforcement information or proprietary information.

(b)

Consultation

In carrying out the duties and responsibilities under this subtitle, the Under Secretary for Intelligence and Analysis shall take into account the views of the heads of the intelligence components of the Department.

.

(2)

Technical and conforming amendments

(A)

In general

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended—

(i)

by striking paragraph (7); and

(ii)

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

(B)

Table of contents

The table of contents in 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:

Sec. 203. Homeland Security Advisory System.

Sec. 204. Homeland security information sharing.

Sec. 205. Comprehensive information technology network architecture.

Sec. 206. Coordination with information sharing environment.

.

(b)

Office of Intelligence and Analysis and Office of Infrastructure Protection

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended—

(1)

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

(2)

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

(7)

To review, analyze, and make recommendations for improvements to the policies and procedures governing the sharing of information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), including homeland security information, terrorism information, and weapons of mass destruction information, and any policies, guidelines, procedures, instructions, or standards established under that section.

.

(c)

Report on comprehensive information technology network architecture

Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the Secretary in developing the comprehensive information technology network architecture required under section 205 of the Homeland Security Act of 2002, as added by subsection (a). The report shall include—

(1)

a description of the priorities for the development of the comprehensive information technology network architecture and a rationale for such priorities;

(2)

an explanation of how the various components of the comprehensive information technology network architecture will work together and interconnect;

(3)

a description of the technological challenges that the Secretary expects the Office of Intelligence and Analysis will face in implementing the comprehensive information technology network architecture;

(4)

a description of the technological options that are available or are in development that may be incorporated into the comprehensive information technology network architecture, the feasibility of incorporating such options, and the advantages and disadvantages of doing so;

(5)

an explanation of any security protections to be developed as part of the comprehensive information technology network architecture;

(6)

a description of safeguards for civil liberties and privacy to be built into the comprehensive information technology network architecture; and

(7)

an operational best practices plan.

502.

Intelligence Component Defined

(a)

In general

Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended—

(1)

by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and

(2)

by inserting after paragraph (8) the following:

(9)

The term intelligence component of the Department means any element or entity of the Department that collects, gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), except—

(A)

the United States Secret Service; and

(B)

the Coast Guard, when operating under the direct authority of the Secretary of Defense or Secretary of the Navy pursuant to section 3 of title 14, United States Code, except that nothing in this paragraph shall affect or diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the Coast Guard as an armed force or the authority of the Director of National Intelligence with respect to the Coast Guard as an element of the intelligence community (as defined under section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a(4)).

.

(b)

Receipt of information from United States Secret Service

(1)

In general

The Under Secretary for Intelligence and Analysis shall receive from the United States Secret Service homeland security information, terrorism information, weapons of mass destruction information (as these terms are defined in Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485)), or national intelligence, as defined in Section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), as well as suspect information obtained in criminal investigations. The United States Secret Service shall cooperate with the Under Secretary for Intelligence and Analysis with respect to activities under sections 204 and 205 of the Homeland Security Act of 2002.

(2)

Savings clause

Nothing in this Act shall interfere with the operation of Section 3056(g) of Title 18, United States Code, or with the authority of the Secretary of Homeland Security or the Director of the United States Secret Service regarding the budget of the United States Secret Service.

(c)

Technical and conforming amendments

(1)

Homeland Security Act of 2002

Paragraph (13) of section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311), as redesignated by section 401, is amended by striking section 2(10)(B) and inserting section 2(11)(B).

(2)

Other law

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

503.

Role of intelligence components, training, and information sharing

(a)

In general

Subtitle A of title II of the Homeland Security Act of 2002 is further amended by adding at the end the following:

207.

Intelligence components

Subject to the direction and control of the Secretary, and consistent with any applicable guidance issued by the Director of National Intelligence, the responsibilities of the head of each intelligence component of the Department are as follows:

(1)

To ensure that the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))), are carried out effectively and efficiently in support of the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis.

(2)

To otherwise support and implement the intelligence mission of the Department, as led by the Under Secretary for Intelligence and Analysis.

(3)

To incorporate the input of the Under Secretary for Intelligence and Analysis with respect to performance appraisals, bonus or award recommendations, pay adjustments, and other forms of commendation.

(4)

To coordinate with the Under Secretary for Intelligence and Analysis in developing policies and requirements for the recruitment and selection of intelligence officials of the intelligence component.

(5)

To advise and coordinate with the Under Secretary for Intelligence and Analysis on any plan to reorganize or restructure the intelligence component that would, if implemented, result in realignments of intelligence functions.

(6)

To ensure that employees of the intelligence component have knowledge of, and comply with, the programs and policies established by the Under Secretary for Intelligence and Analysis and other appropriate officials of the Department and that such employees comply with all applicable laws and regulations.

(7)

To perform such other activities relating to such responsibilities as the Secretary may provide.

208.

Training for employees of intelligence components

The Secretary shall provide training and guidance for employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations, operations, policies, procedures, and programs that are related to the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))).

209.

Intelligence training development for State and local government officials

(a)

Curriculum

The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall—

(1)

develop a curriculum for training State, local, and tribal government officials, including law enforcement officers, intelligence analysts, and other emergency response providers, in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and

(2)

ensure that the curriculum includes executive level training for senior level State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers.

(b)

Training

To the extent possible, the Federal Law Enforcement Training Center and other existing Federal entities with the capacity and expertise to train State, local, and tribal government officials based on the curriculum developed under 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 such training.

(c)

Consultation

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

210.

Information sharing incentives

(a)

Awards

In making cash awards under chapter 45 of title 5, United States Code, the President or the head of an agency, in consultation with the program manager designated under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), may consider the success of an employee in appropriately sharing information within the scope of the information sharing environment established under that section, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5)), in a manner consistent with any 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.

(b)

Other Incentives

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

(1)

promotions and other nonmonetary awards; and

(2)

publicizing information sharing accomplishments by individual employees and, where appropriate, the tangible end benefits that resulted.

.

(b)

Clerical amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended further by inserting after the item relating to section 206 the following:

Sec. 207. Intelligence components.

Sec. 208. Training for employees of intelligence components.

Sec. 209. Intelligence training development for State and local government officials.

Sec. 210. Information sharing incentives.

.

504.

Information sharing

Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) is amended—

(1)

in subsection (a)—

(A)

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

(B)

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

(1)

Homeland security information

The term homeland security information has the meaning given that term in section 892(f) of the Homeland Security Act of 2002 (6 U.S.C. 482(f)).

;

(C)

by striking paragraph (3), as so redesignated, and inserting the following:

(3)

Information sharing environment

The terms information sharing environment and ISE mean an approach that facilitates the sharing of terrorism and homeland security information, which may include any method determined necessary and appropriate for carrying out this section.

;

(D)

by striking paragraph (5), as so redesignated, and inserting the following:

(5)

Terrorism information

The term terrorism information

(A)

means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to—

(i)

the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or individuals involved in transnational terrorism;

(ii)

threats posed by such groups or individuals to the United States, United States persons, or United States interests, or to those of other nations;

(iii)

communications of or by such groups or individuals; or

(iv)

groups or individuals reasonably believed to be assisting or associated with such groups or individuals; and

(B)

includes weapons of mass destruction information.

; and

(E)

by adding at the end the following:

(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 a chemical, biological, radiological, or nuclear weapon) 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.

;

(2)

in subsection (b)(2)—

(A)

in subparagraph (H), by striking and at the end;

(B)

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

(C)

by adding at the end the following:

(J)

integrates the information within the scope of the information sharing environment, including any such information in legacy technologies;

(K)

integrates technologies, including all legacy technologies, through Internet-based services, consistent with appropriate security protocols and safeguards, to enable connectivity among required users at the Federal, State, and local levels;

(L)

allows the full range of analytic and operational activities without the need to centralize information within the scope of the information sharing environment;

(M)

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

(N)

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

(O)

incorporates continuous, real-time, and immutable audit capabilities, to the maximum extent practicable.

;

(3)

in subsection (f)—

(A)

in paragraph (1)—

(i)

by striking during the two-year period beginning on the date of designation under this paragraph unless sooner removed from service and replaced and inserting until removed from service or replaced; and

(ii)

by striking The program manager shall have and exercise governmentwide authority. and inserting The program manager, in consultation with the head of any affected department or agency, shall have and exercise governmentwide authority over the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by all Federal departments, agencies, and components, irrespective of the Federal department, agency, or component in which the program manager may be administratively located, except as otherwise expressly provided by law.; and

(B)

in paragraph (2)(A)—

(i)

by redesignating clause (iii) as clause (v); and

(ii)

by striking clause (ii) and inserting the following:

(ii)

assist in the development of policies, as appropriate, to foster the development and proper operation of the ISE;

(iii)

consistent with the direction and policies issued by the President, the Director of National Intelligence, and the Director of the Office of Management and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper operation of the ISE;

(iv)

identify and resolve information sharing disputes between Federal departments, agencies, and components; and

;

(4)

in subsection (g)—

(A)

in paragraph (1), by striking during the two-year period beginning on the date of the initial designation of the program manager by the President under subsection (f)(1), unless sooner removed from service and replaced and inserting until removed from service or replaced;

(B)

in paragraph (2)—

(i)

in subparagraph (F), by striking and at the end;

(ii)

by redesignating subparagraph (G) as subparagraph (I); and

(iii)

by inserting after subparagraph (F) the following:

(G)

assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components;

(H)

identify appropriate personnel for assignment to the program manager to support staffing needs identified by the program manager; and

;

(C)

in paragraph (4), by inserting (including any subsidiary group of the Information Sharing Council) before shall not be subject; and

(D)

by adding at the end the following:

(5)

Detailees

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

;

(5)

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

(6)

by striking subsection (j) and inserting the following:

(j)

Report on the Information Sharing Environment

(1)

In general

Not later than 180 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Select Committee on Intelligence of the Senate, the Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of the House of Representatives on the feasibility of—

(A)

eliminating the use of any marking or process (including Originator Control) intended to, or having the effect of, restricting the sharing of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, between and among participants in the information sharing environment, unless the President has—

(i)

specifically exempted categories of information from such elimination; and

(ii)

reported that exemption to the committees of Congress described in the matter preceding this subparagraph; and

(B)

continuing to use Federal agency standards in effect on such date of enactment for the collection, sharing, and access to information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, relating to citizens and lawful permanent residents;

(C)

replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, for a particular purpose that the Federal Government, through an appropriate process established in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully permissible for a particular agency, component, or employee (commonly known as an authorized use standard); and

(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, including homeland security information, terrorism information, and weapons of mass destruction information, in any cases in which—

(i)

the use of such information is reasonably expected to produce results materially equivalent to the use of information that is transferred or stored in a non-anonymized form; and

(ii)

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

(2)

Definition

In this subsection, the term anonymized data means data in which the individual to whom the data pertains is not identifiable with reasonable efforts, including information that has been encrypted or hidden through the use of other technology.

(k)

Additional Positions

The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in—

(1)

activities associated with the implementation of the information sharing environment, including—

(A)

implementing the requirements under subsection (b)(2); and

(B)

any additional implementation initiatives to enhance and expedite the creation of the information sharing environment; and

(2)

identifying and resolving information sharing disputes between Federal departments, agencies, and components under subsection (f)(2)(A)(iv).

(l)

Authorization of Appropriations

There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.

.

B

Homeland Security Information Sharing Partnerships

511.

Department of Homeland Security State, Local, and Regional Fusion Center Initiative

(a)

In General

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

210A.

Department of Homeland Security State, Local, and Regional Fusion Center Initiative

(a)

Establishment

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

(b)

Department Support and Coordination

Through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative, and in coordination with the principal officials of participating State, local, or regional fusion centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall—

(1)

provide operational and intelligence advice and assistance to State, local, and regional fusion centers;

(2)

support efforts to include State, local, and regional fusion centers into efforts to establish an information sharing environment;

(3)

conduct tabletop and live training exercises to regularly assess the capability of individual and regional networks of State, local, and regional fusion centers to integrate the efforts of such networks with the efforts of the Department;

(4)

coordinate with other relevant Federal entities engaged in homeland security-related activities;

(5)

provide analytic and reporting advice and assistance to State, local, and regional fusion centers;

(6)

review information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is gathered by State, local, and regional fusion centers, and to incorporate such information, as appropriate, into the Department’s own such information;

(7)

provide management assistance to State, local, and regional fusion centers;

(8)

serve as a point of contact to ensure the dissemination of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;

(9)

facilitate close communication and coordination between State, local, and regional fusion centers and the Department;

(10)

provide State, local, and regional fusion centers with expertise on Department resources and operations;

(11)

provide training to State, local, and regional fusion centers and encourage such fusion centers to participate in terrorism threat-related exercises conducted by the Department; and

(12)

carry out such other duties as the Secretary determines are appropriate.

(c)

Personnel Assignment

(1)

In general

The Under Secretary for Intelligence and Analysis shall, to the maximum extent practicable, assign officers and intelligence analysts from components of the Department to participating State, local, and regional fusion centers.

(2)

Personnel sources

Officers and intelligence analysts assigned to participating fusion centers under this subsection may be assigned from the following Department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers:

(A)

Office of Intelligence and Analysis.

(B)

Office of Infrastructure Protection.

(C)

Transportation Security Administration.

(D)

United States Customs and Border Protection.

(E)

United States Immigration and Customs Enforcement.

(F)

United States Coast Guard.

(G)

Other components of the Department, as determined by the Secretary.

(3)

Qualifying criteria

(A)

In general

The Secretary shall develop qualifying criteria for a fusion center to participate in the assigning of Department officers or intelligence analysts under this section.

(B)

Criteria

Any criteria developed under subparagraph (A) may include—

(i)

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

(ii)

whether the fusion center has sufficient numbers of adequately trained personnel to support a broad counterterrorism mission;

(iii)

whether the fusion center has—

(I)

access to relevant law enforcement, emergency response, private sector, open source, and national security data; and

(II)

the ability to share and analytically utilize that data for lawful purposes;

(iv)

whether the fusion center is adequately funded by the State, local, or regional government to support its counterterrorism mission; and

(v)

the relevancy of the mission of the fusion center to the particular source component of Department officers or intelligence analysts.

(4)

Prerequisite

(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—

(i)

appropriate intelligence analysis or information sharing training using an intelligence-led policing curriculum that is consistent with—

(I)

standard training and education programs offered to Department law enforcement and intelligence personnel; and

(II)

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

(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 consultation with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); and

(iii)

such other training prescribed by the Under Secretary for Intelligence and Analysis.

(B)

Prior work experience in area

In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Under Secretary for Intelligence and Analysis shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst—

(i)

has been previously assigned in the geographic area; or

(ii)

has previously worked with intelligence officials or law enforcement or other emergency response providers from that State, locality, or region.

(5)

Expedited security clearance processing

The Under Secretary for Intelligence and Analysis—

(A)

shall ensure that each officer or intelligence analyst assigned to a fusion center under this section has the appropriate security clearance to contribute effectively to the mission of the fusion center; and

(B)

may request that security clearance processing be expedited for each such officer or intelligence analyst and may use available funds for such purpose.

(6)

Further qualifications

Each officer or intelligence analyst assigned to a fusion center under this section shall satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe.

(d)

Responsibilities

An officer or intelligence analyst assigned to a fusion center under this section shall—

(1)

assist law enforcement agencies and other emergency response providers of State, local, and tribal governments and fusion center personnel in using information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to develop a comprehensive and accurate threat picture;

(2)

review homeland security-relevant information from law enforcement agencies and other emergency response providers of State, local, and tribal government;

(3)

create intelligence and other information products derived from such information and other homeland security-relevant information provided by the Department; and

(4)

assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis, to law enforcement agencies and other emergency response providers of State, local, and tribal government, other fusion centers, and appropriate Federal agencies.

(e)

Border intelligence priority

(1)

In general

The Secretary shall make it a priority to assign officers and intelligence analysts under this section from United States Customs and Border Protection, United States Immigration and Customs Enforcement, and the Coast Guard to participating State, local, and regional fusion centers located in jurisdictions along land or maritime borders of the United States in order to enhance the integrity of and security at such borders by helping Federal, State, local, and tribal law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that pose a threat to homeland security.

(2)

Border intelligence products

When performing the responsibilities described in subsection (d), officers and intelligence analysts assigned to participating State, local, and regional fusion centers under this section shall have, as a primary responsibility, the creation of border intelligence products that—

(A)

assist State, local, and tribal law enforcement agencies in deploying their resources most efficiently to help detect and interdict terrorists, weapons of mass destruction, and related contraband at land or maritime borders of the United States;

(B)

promote more consistent and timely sharing of border security-relevant information among jurisdictions along land or maritime borders of the United States; and

(C)

enhance the Department’s situational awareness of the threat of acts of terrorism at or involving the land or maritime borders of the United States.

(f)

Database Access

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

(g)

Consumer Feedback

(1)

In general

The Secretary shall create a voluntary mechanism for any State, local, or tribal law enforcement officer or other emergency response provider who is a consumer of the intelligence or other information products referred to in subsection (d) to provide feedback to the Department on the quality and utility of such intelligence products.

(2)

Report

Not later than one year after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that includes a description of the consumer feedback obtained under paragraph (1) and, if applicable, how the Department has adjusted its production of intelligence products in response to that consumer feedback.

(h)

Rule of Construction

(1)

In general

The authorities granted under this 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).

(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.

(i)

Guidelines

The Secretary, in consultation with the Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall—

(1)

collaboratively develop a mission statement, identify expectations and goals, measure performance, and determine effectiveness for that fusion center;

(2)

create a representative governance structure that includes law enforcement officers and other emergency response providers and, as appropriate, the private sector;

(3)

create a collaborative environment for the sharing of intelligence and information among Federal, State, local, and tribal government agencies (including law enforcement officers and other emergency response providers), the private sector, and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President or, as appropriate, the program manager of the information sharing environment;

(4)

leverage the databases, systems, and networks available from public and private sector entities, in accordance with all applicable laws, to maximize information sharing;

(5)

develop, publish, and adhere to a privacy and civil liberties policy consistent with Federal, State, and local law;

(6)

provide, in coordination with the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector representatives at the fusion center;

(7)

ensure appropriate security measures are in place for the facility, data, and personnel;

(8)

select and train personnel based on the needs, mission, goals, and functions of that fusion center;

(9)

offer a variety of intelligence and information services and products to recipients of fusion center intelligence and information; and

(10)

incorporate law enforcement officers, other emergency response providers, and, as appropriate, the private sector, into all relevant phases of the intelligence and fusion process, consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison relationships with the fusion center to enable the receipt and sharing of information and intelligence.

(j)

Definitions

In this section—

(1)

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

(2)

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

(3)

the term intelligence analyst means an individual who regularly advises, administers, supervises, or performs work in the collection, gathering, analysis, evaluation, reporting, production, or dissemination of information on 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;

(4)

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

(5)

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

(k)

Authorization of Appropriations

There is authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012, to carry out this section, except for subsection (i), including for hiring officers and intelligence analysts to replace officers and intelligence analysts who are assigned to fusion centers under this section.

.

(b)

Training for predeployed officers and analysts

An officer or analyst assigned to a fusion center by the Secretary of Homeland Security before the date of the enactment of this Act shall undergo the training described in section 210A(c)(4)(A) of the Homeland Security Act of 2002, as added by subsection (a), by not later than 6 months after such date.

(c)

Technical and Conforming Amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by inserting after the item relating to section 210 the following:

Sec. 210A. Department of Homeland Security State, Local, and Regional Information Fusion Center Initiative.

.

(d)

Reports

(1)

Concept of operations

Not later than 90 days after the date of enactment of this Act and before the Department of Homeland Security State, Local, and Regional Fusion Center Initiative under section 210A of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the program) has been implemented, the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the program, which shall—

(A)

include a clear articulation of the purposes, goals, and specific objectives for which the program is being developed;

(B)

identify stakeholders in the program and provide an assessment of their needs;

(C)

contain a developed set of quantitative metrics to measure, to the extent possible, program output;

(D)

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

(E)

include a privacy and civil liberties impact assessment.

(2)

Privacy and civil liberties

Not later than 1 year after the date of the enactment of this Act, the Privacy Officer of the Department of Homeland Security and the Officer for Civil Liberties and Civil Rights of the Department of Homeland Security, consistent with any policies of the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, the Secretary of Homeland Security, the Under Secretary of Homeland Security for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board a report on the privacy and civil liberties impact of the program.

512.

Homeland Security Information Sharing Fellows Program

(a)

Establishment of Program

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

210B.

Homeland Security Information Sharing Fellows Program

(a)

Establishment

(1)

In general

The Secretary, acting through the Under Secretary for Intelligence and Analysis, and in consultation with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose of—

(A)

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

(i)

the relevant missions and capabilities of the Department and other Federal agencies; and

(ii)

the role, programs, products, and personnel of the Office of Intelligence and Analysis; and

(B)

promoting information sharing between the Department and State, local, and tribal law enforcement officers and intelligence analysts by assigning such officers and analysts to—

(i)

serve as a point of contact in the Department to assist in the representation of State, local, and tribal information requirements;

(ii)

identify information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that is of interest to State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers;

(iii)

assist Department analysts in preparing and disseminating products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal law enforcement officers and intelligence analysts and designed to prepare for and thwart acts of terrorism; and

(iv)

assist Department analysts in preparing products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are tailored to State, local, and tribal emergency response providers and assist in the dissemination of such products through appropriate Department channels.

(2)

Program name

The program under this section shall be known as the Homeland Security Information Sharing Fellows Program.

(b)

Eligibility

(1)

In general

In order to be eligible for selection as an Information Sharing Fellow under the program under this section, an individual shall—

(A)

have homeland security-related responsibilities;

(B)

be eligible for an appropriate security clearance;

(C)

possess a valid need for access to classified information, as determined by the Under Secretary for Intelligence and Analysis;

(D)

be an employee of an eligible entity; and

(E)

have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored by the Privacy Officer and the Officer for Civil Rights and Civil Liberties, in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note).

(2)

Eligible entities

In this subsection, the term eligible entity means—

(A)

a State, local, or regional fusion center;

(B)

a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;

(C)

a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;

(D)

a tribal law enforcement or other authority; or

(E)

such other entity as the Secretary determines is appropriate.

(c)

Optional Participation

No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.

(d)

Procedures for Nomination and Selection

(1)

In general

The Under Secretary for Intelligence and Analysis shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program.

(2)

Limitations

The Under Secretary for Intelligence and Analysis shall—

(A)

select law enforcement officers and intelligence analysts representing a broad cross-section of State, local, and tribal agencies; and

(B)

ensure that the number of Information Sharing Fellows selected does not impede the activities of the Office of Intelligence and Analysis.

.

(b)

Technical and Conforming Amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is further amended by inserting after the item relating to section 210A the following:

Sec. 210B. Homeland Security Information Sharing Fellows Program.

.

(c)

Reports

(1)

Concept of operations

Not later than 90 days after the date of enactment of this Act, and before the implementation of the Homeland Security Information Sharing Fellows Program under section 210B of the Homeland Security Act of 2002, as added by subsection (a), (in this section referred to as the Program) the Secretary, in consultation with the Privacy Officer of the Department, the Officer for Civil Rights and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report that contains a concept of operations for the Program, which shall include a privacy and civil liberties impact assessment.

(2)

Review of privacy impact

Not later than 1 year after the date on which the program is implemented, the Privacy Officer of the Department and the Officer for Civil Rights and Civil Liberties of the Department, consistent with any policies of the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives, the Secretary of Homeland Security, the Under Secretary of Homeland Security for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board, a report on the privacy and civil liberties impact of the program.

513.

Rural Policing Institute

(a)

Establishment

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

210C.

Rural Policing Institute

(a)

In general

The Secretary shall establish a Rural Policing Institute, which shall be administered by the Federal Law Enforcement Training Center, to target training to law enforcement agencies and other emergency response providers located in rural areas. The Secretary, through the Rural Policing Institute, shall—

(1)

evaluate the needs of law enforcement agencies and other emergency response providers in rural areas;

(2)

develop expert training programs designed to address the needs of law enforcement agencies and other emergency response providers in rural areas as identified in the evaluation conducted under paragraph (1), including training programs about intelligence-led policing and protections for privacy, civil rights, and civil liberties;

(3)

provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency response providers in rural areas; and

(4)

conduct outreach efforts to ensure that local and tribal governments in rural areas are aware of the training programs developed under paragraph (2) so they can avail themselves of such programs.

(b)

Curricula

The training at the Rural Policing Institute established under subsection (a) shall—

(1)

be configured in a manner so as not to duplicate or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a local or tribal government entity in existence on the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007; and

(2)

to the maximum extent practicable, be delivered in a cost-effective manner at facilities of the Department, on closed military installations with adequate training facilities, or at facilities operated by the participants.

(c)

Definition

In this section, the term rural means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.

(d)

Authorization of appropriations

There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)—

(1)

$10,000,000 for fiscal year 2008; and

(2)

$5,000,000 for each of fiscal years 2009 through 2013.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 210B the following:

Sec. 210C. Rural Policing Institute.

.

C

Interagency Threat Assessment and Coordination Group

521.

Interagency Threat Assessment and Coordination Group

(a)

Establishment

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

210D.

Interagency Threat Assessment and Coordination Group

(a)

In general

To improve the sharing of information within the scope of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) with State, local, tribal, and private sector officials, the Director of National Intelligence, through the program manager for the information sharing environment, in coordination with the Secretary, shall coordinate and oversee the creation of an Interagency Threat Assessment and Coordination Group (referred to in this section as the ITACG).

(b)

Composition of ITACG

The ITACG shall consist of—

(1)

an ITACG Advisory Council to set policy and develop processes for the integration, analysis, and dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and

(2)

an ITACG Detail comprised of State, local, and tribal homeland security and law enforcement officers and intelligence analysts detailed to work in the National Counterterrorism Center with Federal intelligence analysts for the purpose of integrating, analyzing, and assisting in the dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, through appropriate channels identified by the ITACG Advisory Council.

(c)

Responsibilities of program manager

The program manager, in consultation with the Information Sharing Council, shall—

(1)

monitor and assess the efficacy of the ITACG; and

(2)

not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and at least annually thereafter, submit to the Secretary, the Attorney General, the Director of National Intelligence, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the ITACG.

(d)

Responsibilities of Secretary

The Secretary, or the Secretary’s designee, in coordination with the Director of the National Counterterrorism Center and the ITACG Advisory Council, shall—

(1)

create policies and standards for the creation of information products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private sector;

(2)

evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal governments and the private sector;

(3)

establish criteria and a methodology for indicating to State, local, and tribal governments and the private sector the reliability of information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, disseminated to them;

(4)

educate the intelligence community about the requirements of the State, local, and tribal homeland security, law enforcement, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;

(5)

establish and maintain the ITACG Detail, which shall assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence analysts to work in the National Counterterrorism Center who shall—

(A)

educate and advise National Counterterrorism Center intelligence analysts about the requirements of the State, local, and tribal homeland security and law enforcement officers, and other emergency response providers regarding information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;

(B)

assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise preparing versions of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information that are unclassified or classified at the lowest possible level and suitable for dissemination to State, local, and tribal homeland security and law enforcement agencies in order to help deter and prevent terrorist attacks;

(C)

implement, in coordination with National Counterterrorism Center intelligence analysts, the policies, processes, procedures, standards, and guidelines developed by the ITACG Advisory Council;

(D)

assist in the dissemination of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions only through appropriate channels identified by the ITACG Advisory Council; and

(E)

report directly to the senior intelligence official from the Department under paragraph (6);

(6)

detail a senior intelligence official from the Department of Homeland Security to the National Counterterrorism Center, who shall—

(A)

manage the day-to-day operations of the ITACG Detail;

(B)

report directly to the Director of the National Counterterrorism Center or the Director’s designee; and

(C)

in coordination with the Director of the Federal Bureau of Investigation, and subject to the approval of the Director of the National Counterterrorism Center, select a deputy from the pool of available detailees from the Federal Bureau of Investigation in the National Counterterrorism Center; and

(7)

establish, within the ITACG Advisory Council, a mechanism to select law enforcement officers and intelligence analysts for placement in the National Counterterrorism Center consistent with paragraph (5), using criteria developed by the ITACG Advisory Council that shall encourage participation from a broadly representative group of State, local, and tribal homeland security and law enforcement agencies.

(e)

Membership

The Secretary, or the Secretary’s designee, shall serve as the chair of the ITACG Advisory Council, which shall include—

(1)

representatives of—

(A)

the Department;

(B)

the Federal Bureau of Investigation;

(C)

the National Counterterrorism Center;

(D)

the Department of Defense;

(E)

the Department of Energy;

(F)

the Department of State; and

(G)

other Federal entities as appropriate;

(2)

the program manager of the information sharing environment, designated under section 1016(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)), or the program manager’s designee; and

(3)

executive level law enforcement and intelligence officials from State, local, and tribal governments.

(f)

Criteria

The Secretary, in consultation with the Director of National Intelligence, the Attorney General, and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall—

(1)

establish procedures for selecting members of the ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, by those members; and

(2)

ensure that at least 50 percent of the members of the ITACG Advisory Council are from State, local, and tribal governments.

(g)

Operations

(1)

In general

Beginning not later than 90 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the ITACG Advisory Council shall meet regularly, but not less than quarterly, at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.

(2)

Management

Pursuant to section 119(f)(E) of the National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the Director of the National Counterterrorism Center, acting through the senior intelligence official from the Department of Homeland Security detailed pursuant to subsection (d)(6), shall ensure that—

(A)

the products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, prepared by the National Counterterrorism Center and the ITACG Detail for distribution to State, local, and tribal homeland security and law enforcement agencies reflect the requirements of such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council;

(B)

in consultation with the ITACG Advisory Council and consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) of the National Security Act of 1947 (50 U.S.C. 402 et seq.), all products described in subparagraph (A) are disseminated through existing channels of the Department and the Department of Justice and other appropriate channels to State, local, and tribal government officials and other entities;

(C)

all detailees under subsection (d)(5) have appropriate access to all relevant information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, available at the National Counterterrorism Center in order to accomplish the objectives under that paragraph;

(D)

all detailees under subsection (d)(5) have the appropriate security clearances and are trained in the procedures for handling, processing, storing, and disseminating classified products derived from information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information; and

(E)

all detailees under subsection (d)(5) complete appropriate privacy and civil liberties training.

(h)

Inapplicability of the Federal Advisory Committee Act

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the ITACG or any subsidiary groups thereof.

(i)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to carry out this section, including to obtain security clearances for the State, local, and tribal participants in the ITACG.

.

(b)

Clerical amendment

The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 210C the following:

Sec. 210D. Interagency Threat Assessment and Coordination Group.

.

(c)

Privacy and civil liberties impact assessment

Not later than 90 days after the date of the enactment of this Act, the Privacy Officer and the Officer for Civil Rights and Civil Liberties of the Department of Homeland Security and the Chief Privacy and Civil Liberties Officer for the Department of Justice, in consultation with the Civil Liberties Protection Officer of the Office of the Director of National Intelligence, shall submit to the Secretary of Homeland Security, the Director of the Federal Bureau of Investigation, the Attorney General, the Director of the National Counterterrorism Center, the Director of National Intelligence, the Privacy and Civil Liberties Oversight Board, and the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives, a privacy and civil liberties impact assessment of the Interagency Threat Assessment and Coordination Group under section 210D of the Homeland Security Act of 2002, as added by subsection (a), including the use of State, local, and tribal detailees at the National Counterterrorism Center, as described in subsection (d)(5) of that section.

D

Homeland Security Intelligence Offices Reorganization

531.

Office of Intelligence and Analysis and Office of Infrastructure Protection

(a)

In general

Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 201) is amended—

(1)

in the section heading, by striking Directorate for information and inserting Information and;

(2)

by striking subsections (a) through (c) and inserting the following:

(a)

Intelligence and analysis and infrastructure protection

There shall be in the Department an Office of Intelligence and Analysis and an Office of Infrastructure Protection.

(b)

Under Secretary for Intelligence and Analysis and Assistant Secretary for Infrastructure Protection

(1)

Office of Intelligence and Analysis

The Office of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2)

Chief Intelligence Officer

The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department.

(3)

Office of Infrastructure Protection

The Office of Infrastructure Protection shall be headed by an Assistant Secretary for Infrastructure Protection, who shall be appointed by the President.

(c)

Discharge of Responsibilities

The Secretary shall ensure that the responsibilities of the Department relating to information analysis and infrastructure protection, including those described in subsection (d), are carried out through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate.

;

(3)

in subsection (d)—

(A)

in the subsection heading, by striking Under Secretary and inserting Secretary Relating To Intelligence and Analysis and Infrastructure Protection;

(B)

in the matter preceding paragraph (1), by striking Subject to the direction and all that follows through Infrastructure Protection and inserting the following: The responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection;

(C)

in paragraph (9), as redesignated under section 510(a)(2)(A)(ii), by striking Director of Central Intelligence and inserting Director of National Intelligence;

(D)

in paragraph (11)(B), as so redesignated, by striking Director of Central Intelligence and inserting Director of National Intelligence;

(E)

by redesignating paragraph (18), as so redesignated, as paragraph (24); and

(F)

by inserting after paragraph (17), as so redesignated, the following:

(18)

To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components.

(19)

To establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the Department, consistent with any directions from the President and, as applicable, the Director of National Intelligence.

(20)

To establish a structure and process to support the missions and goals of the intelligence components of the Department.

(21)

To ensure that, whenever possible, the Department—

(A)

produces and disseminates unclassified reports and analytic products based on open-source information; and

(B)

produces and disseminates such reports and analytic products contemporaneously with reports or analytic products concerning the same or similar information that the Department produced and disseminated in a classified format.

(22)

To establish within the Office of Intelligence and Analysis an internal continuity of operations plan.

(23)

Based on intelligence priorities set by the President, and guidance from the Secretary and, as appropriate, the Director of National Intelligence—

(A)

to provide to the heads of each intelligence component of the Department guidance for developing the budget pertaining to the activities of such component; and

(B)

to present to the Secretary a recommendation for a consolidated budget for the intelligence components of the Department, together with any comments from the heads of such components.

;

(4)

in subsection (e)(1)—

(A)

by striking Directorate the first place that term appears and inserting Office of Intelligence and Analysis and the Office of Infrastructure Protection; and

(B)

by striking the Directorate in discharging and inserting such offices in discharging;

(5)

in subsection (f)(1), by striking Directorate and inserting Office of Intelligence and Analysis and the Office of Infrastructure Protection; and

(6)

In subsection (g), in the matter preceding paragraph (1), by striking Under Secretary for Information Analysis and Infrastructure Protection and inserting Office of Intelligence and Analysis and the Office of Infrastructure Protection.

(b)

Technical and conforming amendments

(1)

In general

Such Act is further amended—

(A)

in section 223, by striking Under Secretary for Information Analysis and Infrastructure Protection and inserting Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection;

(B)

in section 224, by striking Under Secretary for Information Analysis and Infrastructure Protection and inserting Assistant Secretary for Infrastructure Protection;

(C)

in section 302(3), by striking Under Secretary for Information Analysis and Infrastructure Protection and inserting Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection; and

(D)

in section 521(d)—

(i)

in paragraph (1), by striking Directorate for Information Analysis and Infrastructure Protection and inserting Office of Intelligence and Analysis; and

(ii)

in paragraph (2), by striking Under Secretary for Information Analysis and Infrastructure Protection and inserting Under Secretary for Intelligence and Analysis.

(2)

Additional Under Secretary

Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended—

(A)

by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and

(B)

by inserting after paragraph (7) the following:

(8)

An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department.

.

(3)

Heading

Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the subtitle heading by striking Directorate for Information and inserting Information and.

(4)

Table of contents

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended in the table of contents in section 1(b) by striking the items relating to subtitle A of title II and section 201 and inserting the following:

Subtitle A—Information and Analysis and Infrastructure Protection; Access to Information

Sec. 201. Information and Analysis and Infrastructure Protection.

.

(5)

National Security Act of 1947

Section 106(b)(2)(I) of the National Security Act of 1947 (50 U.S.C. 403–6) is amended to read as follows:

(I)

The Under Secretary of Homeland Security for Intelligence and Analysis.

.

(c)

Treatment of incumbent

The individual administratively performing the duties of the Under Secretary for Intelligence and Analysis as of the date of the enactment of this Act may continue to perform such duties after the date on which the President nominates an individual to serve as the Under Secretary pursuant to section 201 of the Homeland Security Act of 2002, as amended by this section, and until the individual so appointed assumes the duties of the position.

E

Authorization of Appropriations

541.

Authorization of appropriations

There is authorized to be appropriated for each of fiscal years 2008 through 2012 such sums as may be necessary to carry out this title and the amendments made by this title.

VI

CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

601.

Availability to public of certain intelligence funding information

(a)

Amounts appropriated each fiscal year

Not later than 30 days after the end of each fiscal year beginning with fiscal year 2007, the Director of National Intelligence shall disclose to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for such fiscal year.

(b)

Waiver

Beginning with fiscal year 2009, the President may waive or postpone the disclosure required by subsection (a) for any fiscal year by, not later than 30 days after the end of such fiscal year, submitting to the Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives—

(1)

a statement, in unclassified form, that the disclosure required in subsection (a) for that fiscal year would damage national security; and

(2)

a statement detailing the reasons for the waiver or postponement, which may be submitted in classified form.

(c)

Definition

As used in this section, the term National Intelligence Program has the meaning given the term in section 3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)).

602.

Public Interest Declassification Board

The Public Interest Declassification Act of 2000 (50 U.S.C. 435 note) is amended—

(1)

by striking Director of Central Intelligence each place that term appears and inserting Director of National Intelligence;

(2)

in section 704(e)—

(A)

by striking If requested and inserting the following:

(1)

In general

If requested

; and

(B)

by adding at the end the following:

(2)

Authority of board

Upon receiving a congressional request described in section 703(b)(5), the Board may conduct the review and make the recommendations described in that section, regardless of whether such a review is requested by the President.

(3)

Reporting

Any recommendations submitted to the President by the Board under section 703(b)(5), shall be submitted to the chairman and ranking minority member of the committee of Congress that made the request relating to such recommendations.

;

(3)

in section 705(c), in the subsection heading, by striking Director of Central Intelligence and inserting Director of National Intelligence; and

(4)

in section 710(b), by striking 8 years after the date and all that follows and inserting on December 31, 2012..

603.

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

(a)

Findings

Congress makes the following findings:

(1)

The National Commission on Terrorist Attacks Upon the United States (referred to in this section as the 9/11 Commission) conducted a lengthy review of the facts and circumstances relating to the terrorist attacks of September 11, 2001, including those relating to the intelligence community, law enforcement agencies, and the role of congressional oversight and resource allocation.

(2)

In its final report, the 9/11 Commission found that—

(A)

congressional oversight of the intelligence activities of the United States is dysfunctional;

(B)

under the rules of the Senate and the House of Representatives in effect at the time the report was completed, the committees of Congress charged with oversight of the intelligence activities lacked the power, influence, and sustained capability to meet the daunting challenges faced by the intelligence community of the United States;

(C)

as long as such oversight is governed by such rules of the Senate and the House of Representatives, the people of the United States will not get the security they want and need;

(D)

a strong, stable, and capable congressional committee structure is needed to give the intelligence community of the United States appropriate oversight, support, and leadership; and

(E)

the reforms recommended by the 9/11 Commission in its final report will not succeed if congressional oversight of the intelligence community in the United States is not changed.

(3)

The 9/11 Commission recommended structural changes to Congress to improve the oversight of intelligence activities.

(4)

Congress has enacted some of the recommendations made by the 9/11 Commission and is considering implementing additional recommendations of the 9/11 Commission.

(5)

The Senate adopted Senate Resolution 445 in the 108th Congress to address some of the intelligence oversight recommendations of the 9/11 Commission by abolishing term limits for the members of the Select Committee on Intelligence, clarifying jurisdiction for intelligence-related nominations, and streamlining procedures for the referral of intelligence-related legislation, but other aspects of the 9/11 Commission recommendations regarding intelligence oversight have not been implemented.

(b)

Sense of the Senate

It is the sense of the Senate that the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate each, or jointly, should—

(1)

undertake a review of the recommendations made in the final report of the 9/11 Commission with respect to intelligence reform and congressional intelligence oversight reform;

(2)

review and consider any other suggestions, options, or recommendations for improving intelligence oversight; and

(3)

not later than December 21, 2007, submit to the Senate a report that includes the recommendations of the committees, if any, for carrying out such reforms.

604.

Availability of funds for the Public Interest Declassification Board

Section 21067 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109–289; 120 Stat. 1311), as amended by Public Law 109–369 (120 Stat. 2642), Public Law 109–383 (120 Stat. 2678), and Public Law 110–5, is amended by adding at the end the following new subsection:

(c)

From the amount provided by this section, the National Archives and Records Administration may obligate monies necessary to carry out the activities of the Public Interest Declassification Board.

.

605.

Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001

(a)

Public Availability

Not later than 30 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall prepare and make available to the public a version of the Executive Summary of the report entitled the Office of Inspector General Report on Central Intelligence Agency Accountability Regarding Findings and Conclusions of the Joint Inquiry into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001 issued in June 2005 that is declassified to the maximum extent possible, consistent with national security.

(b)

Report to Congress

The Director of the Central Intelligence Agency shall submit to Congress a classified annex to the redacted Executive Summary made available under subsection (a) that explains the reason that any redacted material in the Executive Summary was withheld from the public.

VI

STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

A

Terrorist Travel

701.

Report on international collaboration to increase border security, enhance global document security, and exchange terrorist information

(a)

Report required

Not later than 270 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security, in conjunction with the Director of National Intelligence and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report on efforts of the Government of the United States to collaborate with international partners and allies of the United States to increase border security, enhance global document security, and exchange terrorism information.

(b)

Contents

The report required by subsection (a) shall outline—

(1)

all presidential directives, programs, and strategies for carrying out and increasing United States Government efforts described in subsection (a);

(2)

the goals and objectives of each of these efforts;

(3)

the progress made in each of these efforts; and

(4)

the projected timelines for each of these efforts to become fully functional and effective.

(c)

Definition

In this section, the term appropriate congressional committees means—

(1)

the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and

(2)

the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.

B

Visa Waiver

711.

Modernization of the visa waiver program

(a)

Short title

This section may be cited as the Secure Travel and Counterterrorism Partnership Act of 2007.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the United States should modernize and strengthen the security of the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) by simultaneously—

(A)

enhancing program security requirements; and

(B)

extending visa-free travel privileges to nationals of foreign countries that are partners in the war on terrorism—

(i)

that are actively cooperating with the United States to prevent terrorist travel, including sharing counterterrorism and law enforcement information; and

(ii)

whose nationals have demonstrated their compliance with the provisions of the Immigration and Nationality Act regarding the purpose and duration of their admission to the United States; and

(2)

the modernization described in paragraph (1) will—

(A)

enhance bilateral cooperation on critical counterterrorism and information sharing initiatives;

(B)

support and expand tourism and business opportunities to enhance long-term economic competitiveness; and

(C)

strengthen bilateral relationships.

(c)

Discretionary visa waiver program expansion

Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following new paragraphs:

(8)

Nonimmigrant visa refusal rate flexibility

(A)

Certification

(i)

In general

On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States and the electronic travel authorization system required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Congress that such air exit system and electronic travel authorization system are in place.

(ii)

Notification to Congress

The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in subsection (i).

(iii)

Temporary suspension of waiver authority

Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, the Secretary’s waiver authority under subparagraph (B) shall be suspended beginning on July 1, 2009, until such time as the Secretary makes such notification.

(iv)

Rule of construction

Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection (i)(3).

(B)

Waiver

After certification by the Secretary under subparagraph (A), the Secretary, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if—

(i)

the country meets all security requirements of this section;

(ii)

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;

(iii)

there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals of the country and conditions exist to continue such reduction;

(iv)

the country cooperated with the Government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will continue; and

(v)
(I)

the rate of refusals for nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was not more than ten percent; or

(II)

the visa overstay rate for the country for the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established under subparagraph (C).

(C)

Maximum visa overstay rate

(i)

Requirement to establish

After certification by the Secretary under subparagraph (A), the Secretary and the Secretary of State jointly shall use information from the air exit system referred to in such subparagraph to establish a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B). The Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States.

(ii)

Visa overstay rate defined

In this paragraph the term visa overstay rate means, with respect to a country, the ratio of—

(I)

the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to

(II)

the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa during that fiscal year.

(iii)

Report and publication

The Secretary of Homeland Security shall on the same date submit to Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after such date, the Secretary shall issue a final maximum visa overstay rate above which a country may not participate in the program.

(9)

Discretionary security-related considerations

In determining whether to waive the application of paragraph (2)(A) for a country, pursuant to paragraph (8), the Secretary of Homeland Security, in consultation with the Secretary of State, shall take into consideration other factors affecting the security of the United States, including—

(A)

airport security standards in the country;

(B)

whether the country assists in the operation of an effective air marshal program;

(C)

the standards of passports and travel documents issued by the country; and

(D)

other security-related factors, including the country’s cooperation with the United States’ initiatives toward combating terrorism and the country’s cooperation with the United States intelligence community in sharing information regarding terrorist threats.

.

(d)

Security enhancements to the visa waiver program

(1)

In general

Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended—

(A)

in subsection (a), in the flush text following paragraph (9)—

(i)

by striking Operators of aircraft and inserting the following:

(10)

Electronic transmission of identification information

Operators of aircraft

; and

(ii)

by adding at the end the following new paragraph:

(11)

Eligibility determination under the electronic travel authorization system

Beginning on the date on which the electronic travel authorization system developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission to the United States, electronically provide to the system biographical information and such other information as the Secretary of Homeland Security shall determine necessary to determine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program.

;

(B)

in subsection (c)—

(i)

in paragraph (2)—

(I)

by amending subparagraph (D) to read as follows:

(D)

Reporting lost and stolen passports

The government of the country enters into an agreement with the United States to report, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports within a strict time limit and in a manner specified in the agreement.

; and

(II)

by adding at the end the following new subparagraphs:

(E)

Repatriation of aliens

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

(F)

Passenger information exchange

The government of the country enters into an agreement with the United States to share information regarding whether citizens and nationals of that country traveling to the United States represent a threat to the security or welfare of the United States or its citizens.

;

(ii)

in paragraph (5)—

(I)

by striking Attorney General each place it appears and inserting Secretary of Homeland Security; and

(II)

in subparagraph (A)(i)—

(aa)

in subclause (II), by striking and at the end;

(bb)

in subclause (III)—

(AA)

by striking and the Committee on International Relations and inserting , the Committee on Foreign Affairs, and the Committee on Homeland Security, and by striking and the Committee on Foreign Relations and inserting , the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs; and

(BB)

by striking the period at the end and inserting ; and; and

(cc)

by adding at the end the following new subclause:

(IV)

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

; and

(III)

in subparagraph (B), by adding at the end the following new clause:

(iv)

Program suspension authority

The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State—

(I)

may suspend a country from the visa waiver program without prior notice;

(II)

shall notify any country suspended under subclause (I) and, to the extent practicable without disclosing sensitive intelligence sources and methods, provide justification for the suspension; and

(III)

shall restore the suspended country’s participation in the visa waiver program upon a determination that the threat no longer poses an imminent danger to the United States or its citizens.

; and

(iii)

by adding at the end the following new paragraphs:

(10)

Technical assistance

The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section. The Secretary of Homeland Security shall ensure that the program office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program with all the requirements of the program.

(11)

Independent review

(A)

In general

Prior to the admission of a new country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall conduct an independent intelligence assessment of a nominated country and member of the program.

(B)

Reporting requirement

The Director shall provide to the Secretary of Homeland Security, the Secretary of State, and the Attorney General the independent intelligence assessment required under subparagraph (A).

(C)

Contents

The independent intelligence assessment conducted by the Director shall include—

(i)

a review of all current, credible terrorist threats of the subject country;

(ii)

an evaluation of the subject country’s counterterrorism efforts;

(iii)

an evaluation as to the extent of the country’s sharing of information beneficial to suppressing terrorist movements, financing, or actions;

(iv)

an assessment of the risks associated with including the subject country in the program; and

(v)

recommendations to mitigate the risks identified in clause (iv).

;

(C)

in subsection (d)—

(i)

by striking Attorney General and inserting Secretary of Homeland Security; and

(ii)

by adding at the end the following new sentence: The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.;

(D)

in subsection (f)(5)—

(i)

by striking Attorney General each place it appears and inserting Secretary of Homeland Security; and

(ii)

by striking of blank and inserting or loss of;

(E)

in subsection (h), by adding at the end the following new paragraph:

(3)

Electronic travel authorization system

(A)

System

The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a fully automated electronic travel authorization system (referred to in this paragraph as the System) to collect such biographical and other information as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States.

(B)

Fees

The Secretary of Homeland Security may charge a fee for the use of the System, which shall be—

(i)

set at a level that will ensure recovery of the full costs of providing and administering the System; and

(ii)

available to pay the costs incurred to administer the System.

(C)

Validity

(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 three 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.

(ii)

Limitation

A determination by the Secretary of Homeland Security that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States.

(iii)

Not a determination of visa eligibility

A determination by the Secretary of Homeland Security that an alien who applied for authorization to travel to the United States through the System is not eligible to travel under the program is not a determination of eligibility for a visa to travel to the United States and shall not preclude the alien from applying for a visa.

(iv)

Judicial review

Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System.

(D)

Report

Not later than 60 days before publishing notice regarding the implementation of the System in the Federal Register, the Secretary of Homeland Security shall submit a report regarding the implementation of the system to—

(i)

the Committee on Homeland Security of the House of Representatives;

(ii)

the Committee on the Judiciary of the House of Representatives;

(iii)

the Committee on Foreign Affairs of the House of Representatives;

(iv)

the Permanent Select Committee on Intelligence of the House of Representatives;

(v)

the Committee on Appropriations of the House of Representatives;

(vi)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(vii)

the Committee on the Judiciary of the Senate;

(viii)

the Committee on Foreign Relations of the Senate;

(ix)

the Select Committee on Intelligence of the Senate; and

(x)

the Committee on Appropriations of the Senate.

; and

(F)

by adding at the end the following new subsection:

(i)

Exit system

(1)

In general

Not later than one year after the date of the enactment of this subsection, the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section.

(2)

System requirements

The system established under paragraph (1) shall—

(A)

match biometric information of the alien against relevant watch lists and immigration information; and

(B)

compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such aliens have departed the United States.

(3)

Report

Not later than 180 days after the date of the enactment of this subsection, the Secretary shall submit to Congress a report that describes—

(A)

the progress made in developing and deploying the exit system established under this subsection; and

(B)

the procedures by which the Secretary shall improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay in the United States.

.

(2)

Effective date

Section 217(a)(11) of the Immigration and Nationality Act, as added by paragraph (1)(A)(ii), shall take effect on the date that is 60 days after the date on which the Secretary of Homeland Security publishes notice in the Federal Register of the requirement under such paragraph.

(e)

Authorization of appropriations

There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out this section and the amendments made by this section.

C

Strengthening Terrorism Prevention Programs

721.

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—

(1)

in subsection (c)(1), by striking address and inserting integrate and disseminate intelligence and information related to;

(2)

by redesignating subsections (d) and (e) as subsections (g) and (h), respectively; and

(3)

by inserting after subsection (c) the following new subsections:

(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.

(e)

Staffing of the Center

(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:

(A)

Agencies and offices within the Department of Homeland Security, including the following:

(i)

The Office of Intelligence and Analysis.

(ii)

The Transportation Security Administration.

(iii)

United States Citizenship and Immigration Services.

(iv)

United States Customs and Border Protection.

(v)

The United States Coast Guard.

(vi)

United States Immigration and Customs Enforcement.

(B)

Other departments, agencies, or entities, including the following:

(i)

The Central Intelligence Agency.

(ii)

The Department of Defense.

(iii)

The Department of the Treasury.

(iv)

The National Counterterrorism Center.

(v)

The National Security Agency.

(vi)

The Department of Justice.

(vii)

The Department of State.

(viii)

Any other relevant agency or department.

(2)

Expertise of detailees

The Secretary of Homeland Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure that the detailees provided to the Center under such paragraph include an adequate number of personnel who are—

(A)

intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and

(B)

personnel with experience in the areas of—

(i)

consular affairs;

(ii)

counterterrorism;

(iii)

criminal law enforcement;

(iv)

intelligence analysis;

(v)

prevention and detection of document fraud;

(vi)

border inspection;

(vii)

immigration enforcement; or

(viii)

human trafficking and combating severe forms of trafficking in persons.

(3)

Enhanced personnel management

(A)

Incentives for service in certain positions

(i)

In general

The Secretary of Homeland Security, and the heads of other relevant agencies, shall prescribe regulations or promulgate personnel policies to provide incentives for service on the staff of the Center, particularly for serving terms of at least two years duration.

(ii)

Forms of incentives

Incentives under clause (i) may include financial incentives, bonuses, and such other awards and incentives as the Secretary and the heads of other relevant agencies, consider appropriate.

(B)

Enhanced promotion for service at the center

Notwithstanding any other provision of law, the Secretary of Homeland Security, and the heads of other relevant agencies, shall ensure that personnel who are assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than similarly situated personnel of such agencies who are not so assigned or detailed, except that this subparagraph shall not apply in the case of personnel who are subject to the provisions of the Foreign Service Act of 1980.

(f)

Administrative support and funding

The Secretary of Homeland Security shall provide to the Center the administrative support and funding required for its maintenance, including funding for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to carry out its functions.

.

(b)

Report

Subsection (g) of section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004, as redesignated by subsection (a)(2), is amended to read as follows:

(g)

Report

(1)

Initial report

Not later than 180 days after December 17, 2004, the President shall transmit to Congress a report regarding the implementation of this section, including a description of the staffing and resource needs of the Center.

(2)

Follow-up report

Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall transmit to Congress a report regarding the operation of the Center and the activities carried out by the Center, including a description of—

(A)

the roles and responsibilities of each agency or department that is participating in the Center;

(B)

the mechanisms used to share information among each such agency or department;

(C)

the personnel provided to the Center by each such agency or department;

(D)

the type of information and reports being disseminated by the Center;

(E)

any efforts by the Center to create a centralized Federal Government database to store information related to unlawful travel of foreign nationals, including a description of any such database and of the manner in which information utilized in such a database would be collected, stored, and shared;

(F)

how each agency and department shall utilize its resources to ensure that the Center uses intelligence to focus and drive its efforts;

(G)

efforts to consolidate networked systems for the Center;

(H)

the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall be consistent with section 1016(b);

(I)

the ability of participating personnel in the Center to freely access necessary databases and share information regarding issues related to human smuggling, trafficking in persons, and terrorist travel;

(J)

how the assignment of personnel to the Center is incorporated into the civil service career path of such personnel; and

(K)

cooperation and coordination efforts, including any memorandums of understanding, among participating agencies and departments regarding issues related to human smuggling, trafficking in persons, and terrorist travel.

.

(c)

Coordination with the Office of Intelligence and Analysis

Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended by adding after subsection (h), as redesignated by subsection (a)(2), the following new subsection:

(i)

Coordination with the Office of Intelligence and Analysis

The Office of Intelligence and Analysis, in coordination with the Center, shall submit to relevant State, local, and tribal law enforcement agencies periodic reports regarding terrorist threats related to human smuggling, human trafficking, and terrorist travel.

.

(d)

Authorization of appropriations

There are authorized to be appropriated to the Secretary of Homeland Security $20,000,000 for fiscal year 2008 to carry out section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by this section.

722.

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:

7215.

Terrorist travel program

(a)

Requirement to establish

Not later than 90 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201, shall establish a program to oversee the implementation of the Secretary’s responsibilities with respect to terrorist travel.

(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—

(1)

the Assistant Secretary for Policy of the Department of Homeland Security; or

(2)

an official appointed by the Secretary who reports directly to the Secretary.

(c)

Duties

The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department’s ability to prevent terrorists from entering the United States or remaining in the United States undetected by—

(1)

developing relevant strategies and policies;

(2)

reviewing the effectiveness of existing programs and recommending improvements, if necessary;

(3)

making recommendations on budget requests and on the allocation of funding and personnel;

(4)

ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel—

(A)

among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including—

(i)

United States Customs and Border Protection;

(ii)

United States Immigration and Customs Enforcement;

(iii)

United States Citizenship and Immigration Services;

(iv)

the Transportation Security Administration; and

(v)

the United States Coast Guard; and

(B)

between the Department of Homeland Security and other appropriate Federal agencies; and

(5)

serving as the Secretary’s primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department.

(d)

Report

Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section.

.

723.

Enhanced driver’s license

Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended—

(1)

in subparagraph (B)—

(A)

in clause (vi), by striking and at the end;

(B)

in clause (vii), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new clause:

(viii)

the signing of a memorandum of agreement to initiate a pilot program with not less than one State to determine if an enhanced driver’s license, which is machine-readable and tamper proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada or Mexico, and issued by such State to an individual, may permit the individual to use the driver’s license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada or Mexico at land and sea ports of entry.

; and

(2)

by adding at the end the following new subparagraph:

(C)

Report

Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report which includes—

(i)

an analysis of the impact of the pilot program on national security;

(ii)

recommendations on how to expand the pilot program to other States;

(iii)

any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada;

(iv)

a plan to screen individuals participating in the pilot program against United States terrorist watch lists; and

(v)

a recommendation for the type of machine-readable technology that should be used in enhanced driver’s licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing driver’s licenses.

.

724.

Western Hemisphere Travel Initiative

Before the Secretary of Homeland Security publishes a final rule in the Federal Register implementing section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 note)—

(1)

the Secretary of Homeland Security shall complete a cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under such section 7209; and

(2)

the Secretary of State shall develop proposals for reducing the execution fee charged for the passport card, proposed at 71 Fed. Reg. 60928–32 (October 17, 2006), including the use of mobile application teams, during implementation of the land and sea phase of the Western Hemisphere Travel Initiative, in order to encourage United States citizens to apply for the passport card.

725.

Model ports-of-entry

(a)

In general

The Secretary of Homeland Security shall—

(1)

establish a model ports-of-entry program for the purpose of providing a more efficient and welcoming international arrival process in order to facilitate and promote business and tourist travel to the United States, while also improving security; and

(2)

implement the program initially at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of the date of the enactment of this Act.

(b)

Program elements

The program shall include—

(1)

enhanced queue management in the Federal Inspection Services area leading up to primary inspection;

(2)

assistance for foreign travelers once they have been admitted to the United States, in consultation, as appropriate, with relevant governmental and nongovernmental entities; and

(3)

instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome videos.

(c)

Additional Customs and Border Protection officers for high-volume ports

Subject to the availability of appropriations, not later than the end of fiscal year 2008 the Secretary of Homeland Security shall employ not fewer than an additional 200 Customs and Border Protection officers over the number of such positions for which funds were appropriated for the proceeding fiscal year to address staff shortages at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of the date of the enactment of this Act.

D

Miscellaneous Provisions

731.

Report regarding border security

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report regarding ongoing initiatives of the Department of Homeland Security to improve security along the northern border of the United States.

(b)

Contents

The report submitted under subsection (a) shall—

(1)

address the vulnerabilities along the northern border of the United States; and

(2)

provide recommendations to address such vulnerabilities, including required resources needed to protect the northern border of the United States.

(c)

Government Accountability Office

Not later than 270 days after the date of the submission of the report under subsection (a), the Comptroller General of the United States shall submit to Congress a report that—

(1)

reviews and comments on the report under subsection (a); and

(2)

provides recommendations regarding any additional actions necessary to protect the northern border of the United States.

VIII

PRIVACY AND CIVIL LIBERTIES

801.

Modification of authorities relating to Privacy and Civil Liberties Oversight Board

(a)

Modification of Authorities

Section 1061 of the National Security Intelligence Reform Act of 2004 (5 U.S.C. 601 note) is amended to read as follows:

1061.

Privacy and Civil Liberties Oversight Board

(a)

In General

There is established as an independent agency within the executive branch a Privacy and Civil Liberties Oversight Board (referred to in this section as the Board).

(b)

Findings

Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:

(1)

In conducting the war on terrorism, the Government may need additional powers and may need to enhance the use of its existing powers.

(2)

This shift of power and authority to the Government calls for an enhanced system of checks and balances to protect the precious liberties that are vital to our way of life and to ensure that the Government uses its powers for the purposes for which the powers were given.

(3)

The National Commission on Terrorist Attacks Upon the United States correctly concluded that The choice between security and liberty is a false choice, as nothing is more likely to endanger America’s liberties than the success of a terrorist attack at home. Our history has shown us that insecurity threatens liberty. Yet, if our liberties are curtailed, we lose the values that we are struggling to defend..

(c)

Purpose

The Board shall—

(1)

analyze and review actions the executive branch takes to protect the Nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and

(2)

ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism.

(d)

Functions

(1)

Advice and counsel on policy development and implementation

The Board shall—

(A)

review proposed legislation, regulations, and 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;

(B)

review the implementation of new and existing legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under subsections (d) and (f) of section 1016;

(C)

advise the President and the departments, 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; and

(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—

(i)

that the need for the power is balanced with the need to protect privacy and civil liberties;

(ii)

that there is adequate supervision of the use by the executive branch of the power to ensure protection of privacy and civil liberties; and

(iii)

that there are adequate guidelines and oversight to properly confine its use.

(2)

Oversight

The Board shall continually review—

(A)

the regulations, policies, and procedures, and the implementation of the regulations, policies, and procedures, of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected;

(B)

the information sharing practices of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to determine whether they appropriately protect privacy and civil liberties and adhere to the information sharing guidelines issued or developed under subsections (d) and (f) of section 1016 and to other governing laws, regulations, and policies regarding privacy and civil liberties; and

(C)

other actions by the executive branch relating to efforts to protect the Nation from terrorism to determine whether such actions—

(i)

appropriately protect privacy and civil liberties; and

(ii)

are consistent with governing laws, regulations, and policies regarding privacy and civil liberties.

(3)

Relationship with privacy and civil liberties officers

The Board shall—

(A)

receive and review reports and other information from privacy officers and civil liberties officers under section 1062;

(B)

when appropriate, make recommendations to such privacy officers and civil liberties officers regarding their activities; and

(C)

when appropriate, coordinate the activities of such privacy officers and civil liberties officers on relevant interagency matters.

(4)

Testimony

The members of the Board shall appear and testify before Congress upon request.

(e)

Reports

(1)

In general

The Board shall—

(A)

receive and review reports from privacy officers and civil liberties officers under section 1062; and

(B)

periodically submit, not less than semiannually, reports—

(i)
(I)

to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, 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; and

(II)

to the President; and

(ii)

which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.

(2)

Contents

Not less than 2 reports submitted each year under paragraph (1)(B) shall include—

(A)

a description of the major activities of the Board during the preceding period;

(B)

information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);

(C)

the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);

(D)

each proposal reviewed by the Board under subsection (d)(1) that—

(i)

the Board advised against implementation; and

(ii)

notwithstanding such advice, actions were taken to implement; and

(E)

for the preceding period, any requests submitted under subsection (g)(1)(D) for the issuance of subpoenas that were modified or denied by the Attorney General.

(f)

Informing the Public

The Board shall—

(1)

make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and

(2)

hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law.

(g)

Access to Information

(1)

Authorization

If determined by the Board to be necessary to carry out its responsibilities under this section, the Board is authorized to—

(A)

have access from any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element, to all relevant records, reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified information consistent with applicable law;

(B)

interview, take statements from, or take public testimony from personnel of any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element;

(C)

request information or assistance from any State, tribal, or local government; and

(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.

(2)

Review of subpoena request

(A)

In general

Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(D), the Attorney General shall—

(i)

issue the subpoena as requested; or

(ii)

provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied.

(B)

Notification

If a subpoena request is modified or denied under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.

(3)

Enforcement of subpoena

In the case of contumacy or failure to obey a subpoena issued pursuant to paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena.

(4)

Agency cooperation

Whenever information or assistance requested under subparagraph (A) or (B) of 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.

(h)

Membership

(1)

Members

The Board shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate.

(2)

Qualifications

Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in civil liberties and privacy, and relevant experience, and without regard to political affiliation, but in no event shall more than 3 members of the Board be members of the same political party. The President shall, before appointing an individual who is not a member of the same political party as the President, consult with the leadership of that party, if any, in the Senate and House of Representatives.

(3)

Incompatible office

An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board.

(4)

Term

Each member of the Board shall serve a term of 6 years, except that—

(A)

a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term; and

(B)

upon the expiration of the term of office of a member, the member shall continue to serve until the member’s successor has been appointed and qualified, except that no member may serve under this subparagraph—

(i)

for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; or

(ii)

after the adjournment sine die of the session of the Senate in which such nomination is submitted.

(5)

Quorum and meetings

The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum.

(i)

Compensation and Travel Expenses

(1)

Compensation

(A)

Chairman

The chairman of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code.

(B)

Members

Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Board.

(2)

Travel expenses

Members of the Board shall be allowed travel expenses, including per diem in lieu of 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.

(j)

Staff

(1)

Appointment and compensation

The chairman of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a full-time executive director and such other personnel as may be necessary to enable the Board to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.

(2)

Detailees

Any Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee’s regular employment without interruption.

(3)

Consultant services

The Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, 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.

(k)

Security Clearances

(1)

In general

The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements.

(2)

Rules and procedures

After consultation with the Secretary of Defense, the Attorney General, and the Director of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer, document, personnel, and other security relating to carrying out the functions of the Board.

(l)

Treatment as agency, not as advisory committee

The Board—

(1)

is an agency (as defined in section 551(1) of title 5, United States Code); and

(2)

is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).

(m)

Authorization of Appropriations

There are authorized to be appropriated to carry out this section amounts as follows:

(1)

For fiscal year 2008, $5,000,000.

(2)

For fiscal year 2009, $6,650,000.

(3)

For fiscal year 2010, $8,300,000.

(4)

For fiscal year 2011, $10,000,000.

(5)

For fiscal year 2012 and each subsequent fiscal year, such sums as may be necessary.

.

(b)

Security rules and procedures

The Privacy and Civil Liberties Oversight Board shall promptly adopt the security rules and procedures required under section 1061(k)(2) of the National Security Intelligence Reform Act of 2004 (as added by subsection (a) of this section).

(c)

Transition provisions

(1)

Treatment of incumbent members of the Privacy and Civil Liberties Oversight Board

(A)

Continuation of service

Any individual who is a member of the Privacy and Civil Liberties Oversight Board on the date of enactment of this Act may continue to serve on the Board until 180 days after the date of enactment of this Act.

(B)

Termination of terms

The term of any individual who is a member of the Privacy and Civil Liberties Oversight Board on the date of enactment of this Act shall terminate 180 days after the date of enactment of this Act.

(2)

Appointments

(A)

In general

The President and the Senate shall take such actions as necessary for the President, by and with the advice and consent of the Senate, to appoint members to the Privacy and Civil Liberties Oversight Board as constituted under the amendments made by subsection (a) in a timely manner to provide for the continuing operation of the Board and orderly implementation of this section.

(B)

Designations

In making the appointments described under subparagraph (A) of the first members of the Privacy and Civil Liberties Oversight Board as constituted under the amendments made by subsection (a), the President shall provide for the members to serve terms of 2, 3, 4, 5, and 6 years beginning on the effective date described under subsection (d)(1), with the term of each such member to be designated by the President.

(d)

Effective date

(1)

In General

The amendments made by subsection (a) and subsection (b) shall take effect 180 days after the date of enactment of this Act.

(2)

Transition provisions

Subsection (c) shall take effect on the date of enactment of this Act.

802.

Department Privacy Officer

Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended—

(1)

by inserting (a) Appointment and Responsibilities.— before The Secretary; and

(2)

by adding at the end the following:

(b)

Authority To Investigate

(1)

In general

The senior official appointed under subsection (a) may—

(A)

have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section;

(B)

make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official’s judgment, necessary or desirable;

(C)

subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and

(D)

administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section.

(2)

Enforcement of subpoenas

Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United States district court.

(3)

Effect of oaths

Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office.

(c)

Supervision and Coordination

(1)

In general

The senior official appointed under subsection (a) shall—

(A)

report to, and be under the general supervision of, the Secretary; and

(B)

coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.

(2)

Coordination with the Inspector General

(A)

In General

Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section.

(B)

Coordination

(i)

Referral

Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the Department.

(ii)

Determinations and notifications by the Inspector General

(I)

In general

Not later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall—

(aa)

make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under clause (i); and

(bb)

notify the senior official of that determination.

(II)

Investigation not initiated

If the Inspector General notifies the senior official under subclause (I)(bb) that the Inspector General intended to initiate an audit or investigation, but does not initiate that audit or investigation within 90 days after providing that notification, the Inspector General shall further notify the senior official that an audit or investigation was not initiated. The further notification under this subclause shall be made not later than 3 days after the end of that 90-day period.

(iii)

Investigation by Senior Official

The senior official may investigate a matter referred under clause (i) if—

(I)

the Inspector General notifies the senior official under clause (ii)(I)(bb) that the Inspector General does not intend to initiate an audit or investigation relating to that matter; or

(II)

the Inspector General provides a further notification under clause (ii)(II) relating to that matter.

(iv)

Privacy training

Any employee of the Office of Inspector General who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the Inspector General in consultation with the senior official appointed under subsection (a).

(d)

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—

(1)

promptly submit a written notification of the removal or transfer to Houses of Congress; and

(2)

include in any such notification the reasons for the removal or transfer.

(e)

Reports by Senior Official to Congress

The senior official appointed under subsection (a) shall—

(1)

submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and

(2)

inform the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than—

(A)

30 days after the Secretary disapproves the senior official’s request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; or

(B)

45 days after the senior official’s request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary.

.

803.

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:

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 serve as the principal advisor to—

(1)

assist the head of such department, agency, or element and other officials of such department, agency, or element in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism;

(2)

periodically investigate and review department, agency, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering privacy and civil liberties in its actions;

(3)

ensure that such department, agency, or element has adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil liberties; and

(4)

in providing advice on proposals to retain or enhance a particular governmental power the officer shall consider whether such department, agency, or element has established—

(A)

that the need for the power is balanced with the need to protect privacy and civil liberties;

(B)

that there is adequate supervision of the use by such department, agency, or element of the power to ensure protection of privacy and civil liberties; and

(C)

that there are adequate guidelines and oversight to properly confine its use.

(b)

Exception to Designation Authority

(1)

Privacy officers

In any department, agency, or element referred to in subsection (a) or designated by the Privacy and Civil Liberties Oversight Board, which has a statutorily created privacy officer, such officer shall perform the functions specified in subsection (a) with respect to privacy.

(2)

Civil liberties officers

In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created civil liberties officer, such officer shall perform the functions specified in subsection (a) with respect to civil liberties.

(c)

Supervision and Coordination

Each privacy officer or civil liberties officer described in subsection (a) or (b) shall—

(1)

report directly to the head of the department, agency, or element concerned; and

(2)

coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort.

(d)

Agency Cooperation

The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer—

(1)

has the information, material, and resources necessary to fulfill the functions of such officer;

(2)

is advised of proposed policy changes;

(3)

is consulted by decision makers; and

(4)

is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer.

(e)

Reprisal for Making Complaint

No action constituting a reprisal, or threat of reprisal, for making a complaint or for disclosing information to a privacy officer or civil liberties officer described in subsection (a) or (b), or to the Privacy and Civil Liberties Oversight Board, that indicates a possible violation of privacy protections or civil liberties in the administration of the programs and operations of the Federal Government relating to efforts to protect the Nation from terrorism shall be taken by any Federal employee in a position to take such action, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(f)

Periodic Reports

(1)

In general

The privacy officers and civil liberties officers of each department, agency, or element referred to or described in subsection (a) or (b) shall periodically, but not less than quarterly, submit a report on the activities of such officers—

(A)
(i)

to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives;

(ii)

to the head of such department, agency, or element; and

(iii)

to the Privacy and Civil Liberties Oversight Board; and

(B)

which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.

(2)

Contents

Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including—

(A)

information on the number and types of reviews undertaken;

(B)

the type of advice provided and the response given to such advice;

(C)

the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; and

(D)

a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer.

(g)

Informing the Public

Each privacy officer and civil liberties officer shall—

(1)

make the reports of such officer, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and

(2)

otherwise inform the public of the activities of such officer, as appropriate and in a manner consistent with the protection of classified information and applicable law.

(h)

Savings Clause

Nothing in this section shall be construed to limit or otherwise supplant any other authorities or responsibilities provided by law to privacy officers or civil liberties officers.

.

(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:

Sec. 1062. Privacy and civil liberties officers.

.

804.

Federal Agency Data Mining Reporting Act of 2007

(a)

Short Title

This section may be cited as the Federal Agency Data Mining Reporting Act of 2007.

(b)

Definitions

In this section:

(1)

Data mining

The term data mining means a program involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where—

(A)

a department or agency of the Federal Government, or a non-Federal entity acting on behalf of the Federal Government, is conducting the queries, searches, or other analyses to discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity on the part of any individual or individuals;

(B)

the queries, searches, or other analyses are not subject-based and do not use personal identifiers of a specific individual, or inputs associated with a specific individual or group of individuals, to retrieve information from the database or databases; and

(C)

the purpose of the queries, searches, or other analyses is not solely—

(i)

the detection of fraud, waste, or abuse in a Government agency or program; or

(ii)

the security of a Government computer system.

(2)

Database

The term database does not include 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.

(c)

Reports on Data Mining Activities by Federal Agencies

(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 produced in coordination with the privacy officer of that department or agency, if applicable, and shall be made available to the public, except for an annex described in subparagraph (C).

(2)

Content of report

Each report submitted under subparagraph (A) shall include, for each activity to use or develop data mining, the following information:

(A)

A thorough description of the data mining activity, its goals, and, where appropriate, the target dates for the deployment of the data mining activity.

(B)

A thorough description of the data mining 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.

(C)

A thorough description of the data sources that are being or will be used.

(D)

An assessment of the efficacy or likely efficacy of the data mining activity in providing accurate information consistent with and valuable to the stated goals and plans for the use or development of the data mining activity.

(E)

An assessment of the impact or likely impact of the implementation of the data mining activity on the privacy and civil liberties of individuals, including a 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.

(F)

A list and analysis of the laws and regulations that govern the information being or to be collected, reviewed, gathered, analyzed, or used in conjunction with the data mining activity, to the extent applicable in the context of the data mining activity.

(G)

A thorough discussion of the policies, procedures, and guidelines that are in place or that are to be developed and applied in the use of such data mining activity in order to—

(i)

protect the privacy and due process rights of individuals, such as redress procedures; and

(ii)

ensure that only accurate and complete information is collected, reviewed, gathered, analyzed, or used, and guard against any harmful consequences of potential inaccuracies.

(3)

Annex

(A)

In general

A report under subparagraph (A) shall include in an annex any necessary—

(i)

classified information;

(ii)

law enforcement sensitive information;

(iii)

proprietary business information; or

(iv)

trade secrets (as that term is defined in section 1839 of title 18, United States Code).

(B)

Availability

Any annex described in clause (i)—

(i)

shall be available, as appropriate, and 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; and

(ii)

shall not be made available to the public.

(4)

Time for report

Each report required under subparagraph (A) shall be—

(A)

submitted not later than 180 days after the date of enactment of this Act; and

(B)

updated not less frequently than annually thereafter, to include any activity to use or develop data mining engaged in after the date of the prior report submitted under subparagraph (A).

IX

PRIVATE SECTOR PREPAREDNESS

901.

Private sector preparedness

(a)

In general

Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.), as amended by section 409, is further amended by adding at the end the following:

523.

Guidance and recommendations

(a)

In general

Consistent with their responsibilities and authorities under law, as of the day before the date of the enactment of this section, the Administrator and the Assistant Secretary for Infrastructure Protection, in consultation with the private sector, may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in—

(1)

identifying potential hazards and assessing risks and impacts;

(2)

mitigating the impact of a wide variety of hazards, including weapons of mass destruction;

(3)

managing necessary emergency preparedness and response resources;

(4)

developing mutual aid agreements;

(5)

developing and maintaining emergency preparedness and response plans, and associated operational procedures;

(6)

developing and conducting training and exercises to support and evaluate emergency preparedness and response plans and operational procedures;

(7)

developing and conducting training programs for security guards to implement emergency preparedness and response plans and operations procedures; and

(8)

developing procedures to respond to requests for information from the media or the public.

(b)

Issuance and promotion

Any guidance or recommendations developed or best practices identified under subsection (a) shall be—

(1)

issued through the Administrator; and

(2)

promoted by the Secretary to the private sector.

(c)

Small business concerns

In developing guidance or recommendations or identifying best practices under subsection (a), the Administrator and the Assistant Secretary for Infrastructure Protection shall take into consideration small business concerns (under the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632)), including any need for separate guidance or recommendations or best practices, as necessary and appropriate.

(d)

Rule of construction

Nothing in this section may be construed to supersede any requirement established under any other provision of law.

524.

Voluntary private sector preparedness accreditation and certification program

(a)

Establishment

(1)

In general

The Secretary, acting through the officer designated under paragraph (2), shall establish and implement the voluntary private sector preparedness accreditation and certification program in accordance with this section.

(2)

Designation of officer

The Secretary shall designate an officer responsible for the accreditation and certification program under this section. Such officer (hereinafter referred to in this section as the designated officer) shall be one of the following:

(A)

The Administrator, based on consideration of—

(i)

the expertise of the Administrator in emergency management and preparedness in the United States; and

(ii)

the responsibilities of the Administrator as the principal advisor to the President for all matters relating to emergency management in the United States.

(B)

The Assistant Secretary for Infrastructure Protection, based on consideration of the expertise of the Assistant Secretary in, and responsibilities for—

(i)

protection of critical infrastructure;

(ii)

risk assessment methodologies; and

(iii)

interacting with the private sector on the issues described in clauses (i) and (ii).

(C)

The Under Secretary for Science and Technology, based on consideration of the expertise of the Under Secretary in, and responsibilities associated with, standards.

(3)

Coordination

In carrying out the accreditation and certification program under this section, the designated officer shall coordinate with—

(A)

the other officers of the Department referred to in paragraph (2), using the expertise and responsibilities of such officers; and

(B)

the Special Assistant to the Secretary for the Private Sector, based on consideration of the expertise of the Special Assistant in, and responsibilities for, interacting with the private sector.

(b)

Voluntary private sector preparedness standards; voluntary accreditation and certification program for the private sector

(1)

Accreditation and Certification Program

Not later than 210 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the designated officer shall—

(A)

begin supporting the development and updating, as necessary, of voluntary preparedness standards through appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards and voluntary consensus standards development organizations; and

(B)

in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 102(f)(4), appropriate representatives of State and local governments, including emergency management officials, and appropriate private sector advisory groups, such as sector coordinating councils and information sharing and analysis centers—

(i)

develop and promote a program to certify the preparedness of private sector entities that voluntarily choose to seek certification under the program; and

(ii)

implement the program under this subsection through any entity with which the designated officer enters into an agreement under paragraph (3)(A), which shall accredit third parties to carry out the certification process under this section.

(2)

Program Elements

(A)

In general

(i)

Program

The program developed and implemented under this subsection shall assess whether a private sector entity complies with voluntary preparedness standards.

(ii)

Guidelines

In developing the program under this subsection, the designated officer shall develop guidelines for the accreditation and certification processes established under this subsection.

(B)

Standards

The designated officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, representatives of appropriate voluntary consensus standards development organizations, each private sector advisory council created under section 102(f)(4), appropriate representatives of State and local governments, including emergency management officials, and appropriate private sector advisory groups such as sector coordinating councils and information sharing and analysis centers—

(i)

shall adopt one or more appropriate voluntary preparedness standards that promote preparedness, which may be tailored to address the unique nature of various sectors within the private sector, as necessary and appropriate, that shall be used in the accreditation and certification program under this subsection; and

(ii)

after the adoption of one or more standards under clause (i), may adopt additional voluntary preparedness standards or modify or discontinue the use of voluntary preparedness standards for the accreditation and certification program, as necessary and appropriate to promote preparedness.

(C)

Submission of recommendations

In adopting one or more standards under subparagraph (B), the designated officer may receive recommendations from any entity described in that subparagraph relating to appropriate voluntary preparedness standards, including appropriate sector specific standards, for adoption in the program.

(D)

Small business concerns

The designated officer and any entity with which the designated officer enters into an agreement under paragraph (3)(A) shall establish separate classifications and methods of certification for small business concerns (under the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632)) for the program under this subsection.

(E)

Considerations

In developing and implementing the program under this subsection, the designated officer shall—

(i)

consider the unique nature of various sectors within the private sector, including preparedness standards, business continuity standards, or best practices, established—

(I)

under any other provision of Federal law; or

(II)

by any sector-specific agency, as defined under Homeland Security Presidential Directive–7; and

(ii)

coordinate the program, as appropriate, with—

(I)

other Department private sector related programs; and

(II)

preparedness and business continuity programs in other Federal agencies.

(3)

Accreditation and Certification Processes

(A)

Agreement

(i)

In general

Not later than 210 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the designated officer shall enter into one or more agreements with a highly qualified nongovernmental entity with experience or expertise in coordinating and facilitating the development and use of voluntary consensus standards and in managing or implementing accreditation and certification programs for voluntary consensus standards, or a similarly qualified private sector entity, to carry out accreditations and oversee the certification process under this subsection. An entity entering into an agreement with the designated officer under this clause (hereinafter referred to in this section as a selected entity) shall not perform certifications under this subsection.

(ii)

Contents

A selected entity shall manage the accreditation process and oversee the certification process in accordance with the program established under this subsection and accredit qualified third parties to carry out the certification program established under this subsection.

(B)

Procedures and requirements for accreditation and certification

(i)

In general

Any selected entity shall collaborate to develop procedures and requirements for the accreditation and certification processes under this subsection, in accordance with the program established under this subsection and guidelines developed under paragraph (2)(A)(ii).

(ii)

Contents and use

The procedures and requirements developed under clause (i) shall—

(I)

ensure reasonable uniformity in any accreditation and certification processes if there is more than one selected entity; and

(II)

be used by any selected entity in conducting accreditations and overseeing the certification process under this subsection.

(iii)

Disagreement

Any disagreement among selected entities in developing procedures under clause (i) shall be resolved by the designated officer.

(C)

Designation

A selected entity may accredit any qualified third party to carry out the certification process under this subsection.

(D)

Disadvantaged business involvement

In accrediting qualified third parties to carry out the certification process under this subsection, a selected entity shall ensure, to the extent practicable, that the third parties include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. The term disadvantaged business concern means a small business that is owned and controlled by socially and economically disadvantaged individuals, as defined in section 124 of title 13, United States Code of Federal Regulations.

(E)

Treatment of other certifications

At the request of any entity seeking certification, any selected entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification. If the selected entity determines that such other certifications are sufficient to meet the certification requirement or aspects of the certification requirement under this section, the selected entity may give credit to the entity seeking certification, as appropriate, to avoid unnecessarily duplicative certification requirements.

(F)

Third parties

To be accredited under subparagraph (C), a third party shall—

(i)

demonstrate that the third party has the ability to certify private sector entities in accordance with the procedures and requirements developed under subparagraph (B);

(ii)

agree to perform certifications in accordance with such procedures and requirements;

(iii)

agree not to have any beneficial interest in or any direct or indirect control over—

(I)

a private sector entity for which that third party conducts a certification under this subsection; or

(II)

any organization that provides preparedness consulting services to private sector entities;

(iv)

agree not to have any other conflict of interest with respect to any private sector entity for which that third party conducts a certification under this subsection;

(v)

maintain liability insurance coverage at policy limits in accordance with the requirements developed under subparagraph (B); and

(vi)

enter into an agreement with the selected entity accrediting that third party to protect any proprietary information of a private sector entity obtained under this subsection.

(G)

Monitoring

(i)

In general

The designated officer and any selected entity shall regularly monitor and inspect the operations of any third party conducting certifications under this subsection to ensure that the third party is complying with the procedures and requirements established under subparagraph (B) and all other applicable requirements.

(ii)

Revocation

If the designated officer or any selected entity determines that a third party is not meeting the procedures or requirements established under subparagraph (B), the selected entity shall—

(I)

revoke the accreditation of that third party to conduct certifications under this subsection; and

(II)

review any certification conducted by that third party, as necessary and appropriate.

(4)

Annual Review

(A)

In general

The designated officer, in consultation with representatives of appropriate organizations that coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, appropriate representatives of State and local governments, including emergency management officials, and each private sector advisory council created under section 102(f)(4), shall annually review the voluntary accreditation and certification program established under this subsection to ensure the effectiveness of such program (including the operations and management of such program by any selected entity and the selected entity’s inclusion of qualified disadvantaged business concerns under paragraph (3)(D)) and make improvements and adjustments to the program as necessary and appropriate.

(B)

Review of standards

Each review under subparagraph (A) shall include an assessment of the voluntary preparedness standard or standards used in the program under this subsection.

(5)

Voluntary Participation

Certification under this subsection shall be voluntary for any private sector entity.

(6)

Public Listing

The designated officer shall maintain and make public a listing of any private sector entity certified as being in compliance with the program established under this subsection, if that private sector entity consents to such listing.

(c)

Rule of Construction

Nothing in this section may be construed as—

(1)

a requirement to replace any preparedness, emergency response, or business continuity standards, requirements, or best practices established—

(A)

under any other provision of federal law; or

(B)

by any sector-specific agency, as those agencies are defined under Homeland Security Presidential Directive–7; or

(2)

exempting any private sector entity seeking certification or meeting certification requirements under subsection (b) from compliance with all applicable statutes, regulations, directives, policies, and industry codes of practice.

.

(b)

Report to Congress

Not later than 210 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives a report detailing—

(1)

any action taken to implement section 524(b) of the Homeland Security Act of 2002, as added by subsection (a), including a discussion of—

(A)

the separate methods of classification and certification for small business concerns (under the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632)) as compared to other private sector entities; and

(B)

whether the separate classifications and methods of certification for small business concerns are likely to help to ensure that such measures are not overly burdensome and are adequate to meet the voluntary preparedness standard or standards adopted by the program under section 524(b) of the Homeland Security Act of 2002, as added by subsection (a); and

(2)

the status, as of the date of that report, of the implementation of that subsection.

(c)

Deadline for designation of officer

The Secretary of Homeland Security shall designate the officer as described in section 524 of the Homeland Security Act of 2002, as added by subsection (a), by not later than 30 days after the date of the enactment of this Act.

(d)

Definition

Section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the following:

(18)

The term voluntary preparedness standards means a common set of criteria for preparedness, disaster 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).

.

(e)

Clerical amendments

The table of contents in section 1(b) of such Act is further amended by adding at the end the following:

Sec. 523. Guidance and recommendations.

Sec. 524. Voluntary private sector preparedness accreditation and certification program.

.

(f)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section.

902.

Responsibilities of the private sector Office of the Department

(a)

In General

Section 102(f) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is amended—

(1)

by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and

(2)

by inserting after paragraph (7) the following:

(8)

providing information to the private sector regarding voluntary preparedness standards and the business justification for preparedness and promoting to the private sector the adoption of voluntary preparedness standards;

.

(b)

Private Sector Advisory Councils

Section 102(f)(4) of the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended—

(1)

in subparagraph (A), by striking and at the end;

(2)

in subparagraph (B), by inserting and after the semicolon at the end; and

(3)

by adding at the end the following:

(C)

advise the Secretary on private sector preparedness issues, including effective methods for—

(i)

promoting voluntary preparedness standards to the private sector; and

(ii)

assisting the private sector in adopting voluntary preparedness standards;

.

X

IMPROVING CRITICAL INFRASTRUCTURE SECURITY

1001.

National Asset Database

(a)

In General

Subtitle A of title II of the Homeland Security Act of 2002, as amended by title V, is further amended by adding at the end the following new section:

210E.

National Asset Database

(a)

Establishment

(1)

National asset database

The Secretary shall establish and maintain a national database of each system or asset that—

(A)

the Secretary, in consultation with appropriate homeland security officials of the States, determines to be vital and the loss, interruption, incapacity, or destruction of which would have a negative or debilitating effect on the economic security, public health, or safety of the United States, any State, or any local government; or

(B)

the Secretary determines is appropriate for inclusion in the database.

(2)

Prioritized critical infrastructure list

In accordance with Homeland Security Presidential Directive–7, as in effect on January 1, 2007, the Secretary shall establish and maintain a single classified prioritized list of systems and assets included in the database under paragraph (1) that the Secretary determines would, if destroyed or disrupted, cause national or regional catastrophic effects.

(b)

Use of Database

The Secretary shall use the database established under subsection (a)(1) in the development and implementation of Department plans and programs as appropriate.

(c)

Maintenance of Database

(1)

In general

The Secretary shall maintain and annually update the database established under subsection (a)(1) and the list established under subsection (a)(2), including—

(A)

establishing data collection guidelines and providing such guidelines to the appropriate homeland security official of each State;

(B)

regularly reviewing the guidelines established under subparagraph (A), including by consulting with the appropriate homeland security officials of States, to solicit feedback about the guidelines, as appropriate;

(C)

after providing the homeland security official of a State with the guidelines under subparagraph (A), allowing the official a reasonable amount of time to submit to the Secretary any data submissions recommended by the official for inclusion in the database established under subsection (a)(1);

(D)

examining the contents and identifying any submissions made by such an official that are described incorrectly or that do not meet the guidelines established under subparagraph (A); and

(E)

providing to the appropriate homeland security official of each relevant State a list of submissions identified under subparagraph (D) for review and possible correction before the Secretary finalizes the decision of which submissions will be included in the database established under subsection (a)(1).

(2)

Organization of information in database

The Secretary shall organize the contents of the database established under subsection (a)(1) and the list established under subsection (a)(2) as the Secretary determines is appropriate. Any organizational structure of such contents shall include the categorization of the contents—

(A)

according to the sectors listed in National Infrastructure Protection Plan developed pursuant to Homeland Security Presidential Directive–7; and

(B)

by the State and county of their location.

(3)

Private sector integration

The Secretary shall identify and evaluate methods, including the Department’s Protected Critical Infrastructure Information Program, to acquire relevant private sector information for the purpose of using that information to generate any database or list, including the database established under subsection (a)(1) and the list established under subsection (a)(2).

(4)

Retention of classification

The classification of information required to be provided to Congress, the 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.

(d)

Reports

(1)

Report required

Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and annually thereafter, the Secretary shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the database established under subsection (a)(1) and the list established under subsection (a)(2).

(2)

Contents of report

Each such report shall include the following:

(A)

The name, location, and sector classification of each of the systems and assets on the list established under subsection (a)(2).

(B)

The name, location, and sector classification of each of the systems and assets on such list that are determined by the Secretary to be most at risk to terrorism.

(C)

Any significant challenges in compiling the list of the systems and assets included on such list or in the database established under subsection (a)(1).

(D)

Any significant changes from the preceding report in the systems and assets included on such list or in such database.

(E)

If appropriate, the extent to which such database and such list have been used, individually or jointly, for allocating funds by the Federal Government to prevent, reduce, mitigate, or respond to acts of terrorism.

(F)

The amount of coordination between the Department and the private sector, through any entity of the Department that meets with representatives of private sector industries for purposes of such coordination, for the purpose of ensuring the accuracy of such database and such list.

(G)

Any other information the Secretary deems relevant.

(3)

Classified information

The report shall be submitted in unclassified form but may contain a classified annex.

(e)

Inspector General study

By not later than two years after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department shall conduct a study of the implementation of this section.

(f)

National Infrastructure Protection Consortium

The Secretary may establish a consortium to be known as the National Infrastructure Protection Consortium. The Consortium may advise the Secretary on the best way to identify, generate, organize, and maintain any database or list of systems and assets established by the Secretary, including the database established under subsection (a)(1) and the list established under subsection (a)(2). If the Secretary establishes the National Infrastructure Protection Consortium, the Consortium may—

(1)

be composed of national laboratories, Federal agencies, State and local homeland security organizations, academic institutions, or national Centers of Excellence that have demonstrated experience working with and identifying critical infrastructure and key resources; and

(2)

provide input to the Secretary on any request pertaining to the contents of such database or such list.

.

(b)

Deadlines for Implementation and Notification of Congress

Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit the first report required under section 210E(d) of the Homeland Security Act of 2002, as added by subsection (a).

(c)

Clerical amendment

The table of contents in section 1(b) of such Act is further amended by inserting after the item relating to section 210D the following:

Sec. 210E. National Asset Database.

.

1002.

Risk assessments and report

(a)

Risk assessments

Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further amended by adding at the end the following new paragraph:

(25)

To prepare and submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security in the House of Representatives, and to other appropriate congressional committees having jurisdiction over the critical infrastructure or key resources, for each sector identified in the National Infrastructure Protection Plan, a report on the comprehensive assessments carried out by the Secretary of the critical infrastructure and key resources of the United States, evaluating threat, vulnerability, and consequence, as required under this subsection. Each such report—

(A)

shall contain, if applicable, actions or countermeasures recommended or taken by the Secretary or the head of another Federal agency to address issues identified in the assessments;

(B)

shall be required for fiscal year 2007 and each subsequent fiscal year and shall be submitted not later than 35 days after the last day of the fiscal year covered by the report; and

(C)

may be classified.

.

(b)

Report on industry preparedness

Not later than 6 months after the last day of fiscal year 2007 and each subsequent fiscal year, the Secretary of Homeland Security, in cooperation with the Secretary of Commerce, the Secretary of Transportation, the Secretary of Defense, and the Secretary of Energy, shall submit to the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Financial Services and the Committee on Homeland Security of the House of Representatives a report that details the actions taken by the Federal Government to ensure, in accordance with subsections (a) and (c) of section 101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071), the preparedness of industry to reduce interruption of critical infrastructure and key resource operations during an act of terrorism, natural catastrophe, or other similar national emergency.

1003.

Sense of Congress regarding the inclusion of levees in the National Infrastructure Protection Plan

It is the sense of Congress that the Secretary should ensure that levees are included in one of the critical infrastructure and key resources sectors identified in the National Infrastructure Protection Plan.

XI

ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

1101.

National Biosurveillance Integration Center

(a)

In General

Title III of the Homeland Security Act of 2002 (6 U.S.C. et seq.) is amended by adding at the end the following:

316.

National Biosurveillance Integration Center

(a)

Establishment

The Secretary shall establish, operate, and maintain a National Biosurveillance Integration Center (referred to in this section as the NBIC), which shall be headed by a Directing Officer, under an office or directorate of the Department that is in existence as of the date of the enactment of this section.

(b)

Primary Mission

The primary mission of the NBIC is to—

(1)

enhance the capability of the Federal Government to—

(A)

rapidly identify, characterize, localize, and track a biological event of national concern by integrating and analyzing data relating to human health, animal, plant, food, and environmental monitoring systems (both national and international); and

(B)

disseminate alerts and other information to Member Agencies and, in coordination with (and where possible through) Member Agencies, to agencies of State, local, and tribal governments, as appropriate, to enhance the ability of such agencies to respond to a biological event of national concern; and

(2)

oversee development and operation of the National Biosurveillance Integration System.

(c)

Requirements

The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk to the United States or the infrastructure or key assets of the United States, including by—

(1)

consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events of national concern across human, animal, and plant species;

(2)

seeking private sources of surveillance, both foreign and domestic, when such sources would enhance coverage of critical surveillance gaps;

(3)

using an information technology system that uses the best available statistical and other analytical tools to identify and characterize biological events of national concern in as close to real-time as is practicable;

(4)

providing the infrastructure for such integration, including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data;

(5)

working with Member Agencies to create information technology systems that use the minimum amount of patient data necessary and consider patient confidentiality and privacy issues at all stages of development and apprise the Privacy Officer of such efforts; and

(6)

alerting Member Agencies and, in coordination with (and where possible through) Member Agencies, public health agencies of State, local, and tribal governments regarding any incident that could develop into a biological event of national concern.

(d)

Responsibilities of the Directing Officer of the NBIC

(1)

In general

The Directing Officer of the NBIC shall—

(A)

on an ongoing basis, monitor the availability and appropriateness of surveillance systems used by the NBIC and those systems that could enhance biological situational awareness or the overall performance of the NBIC;

(B)

on an ongoing basis, review and seek to improve the statistical and other analytical methods used by the NBIC;

(C)

receive and consider other relevant homeland security information, as appropriate; and

(D)

provide technical assistance, as appropriate, to all Federal, regional, State, local, and tribal government entities and private sector entities that contribute data relevant to the operation of the NBIC.

(2)

Assessments

The Directing Officer of the NBIC shall—

(A)

on an ongoing basis, evaluate available data for evidence of a biological event of national concern; and

(B)

integrate homeland security information with NBIC data to provide overall situational awareness and determine whether a biological event of national concern has occurred.

(3)

Information sharing

(A)

In general

The Directing Officer of the NBIC shall—

(i)

establish a method of real-time communication with the National Operations Center;

(ii)

in the event that a biological event of national concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and tribal governmental response entities in a timely manner;

(iii)

provide any report on NBIC assessments to Member Agencies and, in coordination with relevant Member Agencies, any affected regional, State, local, or tribal government, and any private sector entity considered appropriate that may enhance the mission of such Member Agencies, governments, or entities or the ability of the Nation to respond to biological events of national concern; and

(iv)

share NBIC incident or situational awareness reports, and other relevant information, consistent with the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and any policies, guidelines, procedures, instructions, or standards established under that section.

(B)

Consultation

The Directing Officer of the NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and in consultation with the Director of National Intelligence, the Under Secretary for Intelligence and Analysis, and other offices or agencies of the Federal Government, as appropriate.

(e)

Responsibilities of the NBIC Member Agencies

(1)

In general

Each Member Agency shall—

(A)

use its best efforts to integrate biosurveillance information into the NBIC, with the goal of promoting information sharing between Federal, State, local, and tribal governments to detect biological events of national concern;

(B)

provide timely information to assist the NBIC in maintaining biological situational awareness for accurate detection and response purposes;

(C)

enable the NBIC to receive and use biosurveillance information from member agencies to carry out its requirements under subsection (c);

(D)

connect the biosurveillance data systems of that Member Agency to the NBIC data system under mutually agreed protocols that are consistent with subsection (c)(5);

(E)

participate in the formation of strategy and policy for the operation of the NBIC and its information sharing;

(F)

provide personnel to the NBIC under an 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; and

(G)

retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable.

(f)

Administrative Authorities

(1)

Hiring of experts

The Directing Officer of the NBIC shall hire individuals with the necessary expertise to develop and operate the NBIC.

(2)

Detail of personnel

Upon the request of the Directing Officer of the NBIC, the head of any Federal 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.

(g)

NBIC interagency working group

The Directing Officer of the NBIC shall—

(1)

establish an interagency working group to facilitate interagency cooperation and to advise the Directing Officer of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and

(2)

invite Member Agencies to serve on that working group.

(h)

Relationship to Other Departments and Agencies

The authority of the Directing Officer of the NBIC under this section shall not affect any authority or responsibility of any other department or agency of the Federal Government with respect to biosurveillance activities under any program administered by that department or agency.

(i)

Authorization of Appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

(j)

Definitions

In this section:

(1)

The terms biological agent and toxin have the meanings given those terms in section 178 of title 18, United States Code.

(2)

The term biological event of national concern means—

(A)

an act of terrorism involving a biological agent or toxin; or

(B)

a naturally occurring outbreak of an infectious disease that may result in a national epidemic.

(3)

The term homeland security information has the meaning given that term in section 892.

(4)

The term Member Agency means any Federal department or agency that, at the discretion of the head of that department or agency, has entered a memorandum of understanding regarding participation in the NBIC.

(5)

The term Privacy Officer means the Privacy Officer appointed under section 222.

.

(b)

Clerical Amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after the item relating to section 315 the following:

Sec. 316. National Biosurveillance Integration Center.

.

(c)

Deadline for implementation

The National Biosurveillance Integration Center under section 316 of the Homeland Security Act, as added by subsection (a), shall be fully operational by not later than September 30, 2008.

(d)

Report

Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives an interim report on the status of the operations at the National Biosurviellance Integration Center that addresses the efforts of the Center to integrate the surveillance efforts of Federal, State, local, and tribal governments. When the National Biosurveillance Integration Center is fully operational, the Secretary shall submit to such committees a final report on the status of such operations.

1102.

Biosurveillance efforts

The Comptroller General of the United States shall submit to Congress a report—

(1)

describing the state of Federal, State, local, and tribal government biosurveillance efforts as of the date of such report;

(2)

describing any duplication of effort at the Federal, State, local, or tribal government level to create biosurveillance systems; and

(3)

providing the recommendations of the Comptroller General regarding—

(A)

the integration of biosurveillance systems;

(B)

the effective use of biosurveillance resources; and

(C)

the effective use of the expertise of Federal, State, local, and tribal governments.

1103.

Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction

(a)

In General

The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by inserting after section 1906, as redesignated by section 104, the following:

1907.

Joint annual interagency review of global nuclear detection architecture

(a)

Annual Review

(1)

In general

The Secretary, the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of National Intelligence shall jointly ensure interagency coordination on the development and implementation of the global nuclear detection architecture by ensuring that, not less frequently than once each year—

(A)

each relevant agency, office, or entity—

(i)

assesses its involvement, support, and participation in the development, revision, and implementation of the global nuclear detection architecture; and

(ii)

examines and evaluates components of the global nuclear detection architecture (including associated strategies and acquisition plans) relating 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 relating to nuclear or radiological weapons of mass destruction; and

(B)

each agency, office, or entity deploying or operating any nuclear or radiological detection technology under the global nuclear detection architecture—

(i)

evaluates the deployment and operation of nuclear or radiological detection technologies under the global nuclear detection architecture by that agency, office, or entity;

(ii)

identifies performance deficiencies and operational or technical deficiencies in nuclear or radiological detection technologies deployed under the global nuclear detection architecture; and

(iii)

assesses the capacity of that agency, office, or entity to implement the responsibilities of that agency, office, or entity under the global nuclear detection architecture.

(2)

Technology

Not less frequently than once each year, the Secretary shall examine and evaluate the development, assessment, and acquisition of radiation detection technologies deployed or implemented in support of the domestic portion of the global nuclear detection architecture.

(b)

Annual Report on joint interagency review

(1)

In general

Not later than March 31 of each year, the Secretary, the Attorney General, the Secretary of State, the Secretary of Defense, the Secretary of Energy, and the Director of National Intelligence, shall jointly submit a report regarding the implementation of this section and the results of the reviews required under subsection (a) to—

(A)

the President;

(B)

the Committee on Appropriations, the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(C)

the Committee on Appropriations, the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, and the Committee on Science and Technology of the House of Representatives.

(2)

Form

The annual report submitted under paragraph (1) shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex.

(c)

Definition

In this section, the term global nuclear detection architecture means the global nuclear detection architecture developed under section 1902.

.

(b)

Clerical Amendment

The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by inserting after the item relating to section 1906, as added by section 104, the following:

Sec. 1907. Joint annual interagency review of global nuclear detection architecture.

.

1104.

Integration of detection equipment and technologies

(a)

Responsibility of Secretary

The Secretary of Homeland Security shall have responsibility for ensuring that domestic chemical, biological, radiological, and nuclear detection equipment and technologies are integrated, as appropriate, with other border security systems and detection technologies.

(b)

Report

Not later than 6 months after the date of enactment of this Act, the Secretary shall submit a report to Congress that contains a plan to develop a departmental technology assessment process to determine and certify the technology readiness levels of chemical, biological, radiological, and nuclear detection technologies before the full deployment of such technologies within the United States.

XII

TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

1201.

Definitions

For purposes of this title, the following terms apply:

(1)

Department

The term Department means the Department of Homeland Security.

(2)

Secretary

The term Secretary means the Secretary of Homeland Security.

1202.

Transportation security strategic planning

(a)

In general

Section 114(t)(1)(B) of title 49, United States Code, is amended to read as follows:

(B)

transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, pipeline, public transportation, over-the-road bus, and other transportation infrastructure assets.

.

(b)

Contents of the national strategy for transportation security

Section 114(t)(3) of such title is amended—

(1)

in subparagraph (B), by inserting , based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007 after risk based priorities;

(2)

in subparagraph (D)—

(A)

by striking and local and inserting local, and tribal; and

(B)

by striking private sector cooperation and participation and inserting cooperation and participation by private sector entities, including nonprofit employee labor organizations,;

(3)

in subparagraph (E)—

(A)

by striking response and inserting prevention, response,; and

(B)

by inserting and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems before the period at the end;

(4)

in subparagraph (F), by adding at the end the following: Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.; and

(5)

by adding at the end the following:

(G)

A 3- and 10-year budget for Federal transportation security programs that will achieve the priorities of the National Strategy for Transportation Security.

(H)

Methods for linking the individual transportation modal security plans and the programs contained therein, and a plan for addressing the security needs of intermodal transportation.

(I)

Transportation modal security plans described in paragraph (1)(B), including operational recovery plans to expedite, to the maximum extent practicable, the return to operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 70103(a) of title 46.

.

(c)

Periodic progress reports

Section 114(t)(4) of such title is amended—

(1)

in subparagraph (C)—

(A)

in clause (i) by inserting , including the transportation modal security plans before the period at the end; and

(B)

by striking clause (ii) and inserting the following:

(ii)

Content

Each progress report submitted under this subparagraph shall include, at a minimum, the following:

(I)

Recommendations for improving and implementing the National Strategy for 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.

(II)

An accounting of all grants for transportation security, including grants and contracts for research and development, awarded by the Secretary of Homeland Security in the most recent fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.

(III)

An accounting of all—

(aa)

funds requested in the President’s budget submitted pursuant to section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;

(bb)

personnel working on transportation security by mode, including the number of contractors; and

(cc)

information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include the number of employees who have permanently left the office, agency, or area in which they worked, and the amount of time that they worked for the Department.

(iii)

Written explanation of transportation security activities not delineated in the national strategy for transportation security

At the end of each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the National Strategy for Transportation Security, including the amount of funds to be expended for the activity and the number of personnel involved.

; and

(2)

by striking subparagraph (E) and inserting the following:

(E)

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate.

.

(d)

Priority status

Section 114(t)(5)(B) of such title is amended—

(1)

in clause (iii), by striking and at the end;

(2)

by redesignating clause (iv) as clause (v); and

(3)

by inserting after clause (iii) the following:

(iv)

the transportation sector specific plan required under Homeland Security Presidential Directive–7; and

.

(e)

Coordination and plan distribution

Section 114(t) of such title is amended by adding at the end the following:

(6)

Coordination

In carrying out the responsibilities under this section, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall consult, as appropriate, with Federal, State, and local agencies, tribal governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and other entities.

(7)

Plan distribution

The Secretary of Homeland Security shall make available and appropriately publicize an unclassified version of the National Strategy for Transportation Security, including its component transportation modal security plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher learning, and other appropriate entities.

.

1203.

Transportation security information sharing

(a)

In General

Section 114 of title 49, United States Code, is amended by adding at the end the following:

(u)

Transportation security information sharing plan

(1)

Definitions

In this subsection:

(A)

Appropriate congressional committees

The term appropriate congressional committees has the meaning given that term in subsection (t).

(B)

Plan

The term Plan means the Transportation Security Information Sharing Plan established under paragraph (2).

(C)

Public and private stakeholders

The term public and private stakeholders means Federal, State, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees.

(D)

Secretary

The term Secretary means the Secretary of Homeland Security.

(E)

Transportation security information

The term transportation security information means information relating to the risks to transportation modes, including aviation, public transportation, railroad, ferry, highway, maritime, pipeline, and over-the-road bus transportation, and may include specific and general intelligence products, as appropriate.

(2)

Establishment of plan

The Secretary of Homeland Security, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a 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).

(3)

Purpose of plan

The Plan shall promote sharing of transportation security information between the Department of Homeland Security and public and private stakeholders.

(4)

Content of plan

The Plan shall include—

(A)

a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments, including coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 2007;

(B)

the establishment of a point of contact, which may be a single point of contact within the Department of Homeland Security, for each mode of transportation for the sharing of transportation security information with public and private stakeholders, including an explanation and justification to the appropriate congressional 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;

(C)

a reasonable deadline by which the Plan will be implemented; and

(D)

a description of resource needs for fulfilling the Plan.

(5)

Coordination with information sharing

The Plan shall be—

(A)

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

(B)

consistent with the establishment of the information sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.

(6)

Reports to Congress

(A)

In general

Not later than 150 days after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the appropriate congressional committees, a report containing the Plan.

(B)

Annual report

Not later than 1 year after the date of enactment of this subsection, the Secretary shall submit to the appropriate congressional committees a report on updates to and the implementation of the Plan.

(7)

Survey and report

(A)

In general

The Comptroller General of the United States shall conduct a biennial survey of the satisfaction of recipients of transportation intelligence reports disseminated under the Plan.

(B)

Information sought

The survey conducted under subparagraph (A) shall seek information about the quality, speed, regularity, and classification of the transportation security information products disseminated by the Department of Homeland Security to public and private stakeholders.

(C)

Report

Not later than 1 year after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, and every even numbered year thereafter, the Comptroller General shall submit to the appropriate congressional committees, a report on the results of the survey conducted under subparagraph (A). The Comptroller General shall also provide a copy of the report to the Secretary.

(8)

Security clearances

The Secretary shall, to the greatest extent practicable, take steps to expedite the security clearances needed for designated public and private stakeholders to receive and obtain access to classified information distributed under this section, as appropriate.

(9)

Classification of material

The Secretary, to the greatest extent practicable, shall provide designated public and private stakeholders with transportation security information in an unclassified format.

.

(b)

Congressional Oversight of Security Assurance for Public and Private Stakeholders

(1)

In general

Except as provided in paragraph (2), the Secretary shall provide a semiannual report to the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives that includes—

(A)

the number of public and private stakeholders who were provided with each report;

(B)

a description of the measures the Secretary has taken, under section 114(u)(7) of title 49, United States Code, as added by this section, or otherwise, to ensure proper treatment and security for any classified information to be shared with the public and private stakeholders under the Plan; and

(C)

an explanation of the reason for the denial of transportation security information to any stakeholder who had previously received such information.

(2)

No report required if no changes in 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.

1204.

National domestic preparedness consortium

(a)

In general

The Secretary is authorized to establish, operate, and maintain a National Domestic Preparedness Consortium within the Department.

(b)

Members

Members of the National Domestic Preparedness Consortium shall consist of—

(1)

the Center for Domestic Preparedness;

(2)

the National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology;

(3)

the National Center for Biomedical Research and Training, Louisiana State University;

(4)

the National Emergency Response and Rescue Training Center, Texas A&M University;

(5)

the National Exercise, Test, and Training Center, Nevada Test Site;

(6)

the Transportation Technology Center, Incorporated, in Pueblo, Colorado; and

(7)

the National Disaster Preparedness Training Center, University of Hawaii.

(c)

Duties

The National Domestic Preparedness Consortium shall identify, develop, test, and deliver training to State, local, and tribal emergency response providers, provide on-site and mobile training at the performance and management and planning levels, and facilitate the delivery of training by the training partners of the Department.

(d)

Authorization of appropriations

There are authorized to be appropriated to the Secretary—

(1)

for the Center for Domestic Preparedness—

(A)

$57,000,000 for fiscal year 2008;

(B)

$60,000,000 for fiscal year 2009;

(C)

$63,000,000 for fiscal year 2010; and

(D)

$66,000,000 for fiscal year 2011; and

(2)

for the National Energetic Materials Research and Testing Center, the National Center for Biomedical Research and Training, the National Emergency Response and Rescue Training Center, the National Exercise, Test, and Training Center, the Transportation Technology Center, Incorporated, and the National Disaster Preparedness Training Center each—

(A)

$22,000,000 for fiscal year 2008;

(B)

$23,000,000 for fiscal year 2009;

(C)

$24,000,000 for fiscal year 2010; and

(D)

$25,500,000 for fiscal year 2011.

(e)

Savings provision

From the amounts appropriated pursuant to this section, the Secretary shall ensure that future amounts provided to each of the following entities are not less than the amounts provided to each such entity for participation in the Consortium in fiscal year 2007—

(1)

the Center for Domestic Preparedness;

(2)

the National Energetic Materials Research and Testing Center, New Mexico Institute of Mining and Technology;

(3)

the National Center for Biomedical Research and Training, Louisiana State University;

(4)

the National Emergency Response and Rescue Training Center, Texas A&M University; and

(5)

the National Exercise, Test, and Training Center, Nevada Test Site.

1205.

National transportation security center of excellence

(a)

Establishment

The Secretary shall establish a National Transportation Security Center of Excellence to conduct research and education activities, and to develop or provide professional security training, including the training of transportation employees and transportation professionals.

(b)

Designation

The Secretary shall select one of the institutions identified in subsection (c) as the lead institution responsible for coordinating the National Transportation Security Center of Excellence.

(c)

Member institutions

(1)

Consortium

The institution of higher education selected under subsection (b) shall execute agreements with the other institutions of higher education identified in this subsection and other institutions designated by the Secretary to develop a consortium to assist in accomplishing the goals of the Center.

(2)

Members

The National Transportation Security Center of Excellence shall consist of—

(A)

Texas Southern University in Houston, Texas;

(B)

the National Transit Institute at Rutgers, The State University of New Jersey;

(C)

Tougaloo College;

(D)

the Connecticut Transportation Institute at the University of Connecticut;

(E)

the Homeland Security Management Institute, Long Island University;

(F)

the Mack-Blackwell National Rural Transportation Study Center at the University of Arkansas; and

(G)

any additional institutions or facilities designated by the Secretary.

(3)

Certain inclusions

To the extent practicable, the Secretary shall ensure that an appropriate number of any additional consortium colleges or universities designated by the Secretary under this subsection are Historically Black Colleges and Universities, Hispanic Serving Institutions, and Indian Tribally Controlled Colleges and Universities.

(d)

Authorization of appropriations

There are authorized to be appropriated to carry out this section—

(1)

$18,000,000 for fiscal year 2008;

(2)

$18,000,000 for fiscal year 2009;

(3)

$18,000,000 for fiscal year 2010; and

(4)

$18,000,000 for fiscal year 2011.

1206.

Immunity for reports of suspected terrorist activity or suspicious behavior and response

(a)

Immunity for reports of suspected terrorist activity or suspicious behavior

(1)

In general

Any person who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under Federal, State, and local law for such report.

(2)

False reports

Paragraph (1) shall not apply to any report that the person knew to be false or was made with reckless disregard for the truth at the time that person made that report.

(b)

Immunity for response

(1)

In general

Any authorized official who observes, or receives a report of, covered activity and takes reasonable action in good faith to respond to such activity shall have qualified immunity from civil liability for such action, consistent with applicable law in the relevant jurisdiction. An authorized official as defined by subsection (d)(1)(A) not entitled to assert the defense of qualified immunity shall nevertheless be immune from civil liability under Federal, State, and local law if such authorized official takes reasonable action, in good faith, to respond to the reported activity.

(2)

Savings clause

Nothing in this subsection shall affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available, and this subsection shall not be construed as affecting any such defense, privilege, or immunity.

(c)

Attorney fees and costs

Any person or authorized official found to be immune from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees.

(d)

Definitions

In this section:

(1)

Authorized official

The term authorized official means—

(A)

any employee or agent of a passenger transportation system or other person with responsibilities relating to the security of such systems;

(B)

any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice with responsibilities relating to the security of passenger transportation systems; or

(C)

any Federal, State, or local law enforcement officer.

(2)

Covered activity

The term covered activity means any suspicious transaction, activity, or occurrence that involves, or is directed against, a passenger transportation system or vehicle or its passengers indicating that an individual may be engaging, or preparing to engage, in a violation of law relating to—

(A)

a threat to a passenger transportation system or passenger safety or security; or

(B)

an act of terrorism (as that term is defined in section 3077 of title 18, United States Code).

(3)

Passenger transportation

The term passenger transportation means—

(A)

public transportation, as defined in section 5302 of title 49, United States Code;

(B)

over-the-road bus transportation, as defined in title XV of this Act, and school bus transportation;

(C)

intercity passenger rail transportation as defined in section 24102 of title 49, United States Code;

(D)

the transportation of passengers onboard a passenger vessel as defined in section 2101 of title 46, United States Code;

(E)

other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross tons; and

(F)

air transportation, as defined in section 40102 of title 49, United States Code, of passengers.

(4)

Passenger Transportation System

The term passenger transportation system means an entity or entities organized to provide passenger transportation using vehicles, including the infrastructure used to provide such transportation.

(5)

Vehicle

The term vehicle has the meaning given to that term in section 1992(16) of title 18, United States Code.

(e)

Effective date

This section shall take effect on October 1, 2006, and shall apply to all activities and claims occurring on or after such date.

XIII

TRANSPORTATION SECURITY ENHANCEMENTS

1301.

Definitions

For purposes of this title, the following terms apply:

(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives.

(2)

Department

The term Department means the Department of Homeland Security.

(3)

Secretary

The term Secretary means the Secretary of Homeland Security.

(4)

State

The term State means any one of the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.

(5)

Terrorism

The term terrorism has the meaning that term has in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

(6)

United states

The term United States means the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.

1302.

Enforcement authority

(a)

In general

Section 114 of title 49, United States Code, as amended by section 1203 of this Act, is further amended by adding at the end the following:

(v)

Enforcement of regulations and orders of the secretary of homeland security

(1)

Application of subsection

(A)

In general

This subsection applies to the enforcement of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other than a provision of chapter 449 (in this subsection referred to as an applicable provision of this title).

(B)

Violations of chapter 449

The penalties for violations of regulations prescribed and orders issued by the Secretary of Homeland Security under chapter 449 of this title are provided under chapter 463 of this title.

(C)

Nonapplication to certain violations

(i)

Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—

(I)

involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;

(II)

by a member of the armed forces of the United States when performing official duties; or

(III)

by a civilian employee of the Department of Defense when performing official duties.

(ii)

Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary’s designee.

(2)

Civil penalty

(A)

In general

A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title.

(B)

Repeat violations

A separate violation occurs under this paragraph for each day the violation continues.

(3)

Administrative imposition of civil penalties

(A)

In general

The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty.

(B)

Scope of civil action

In a civil action to collect a civil penalty imposed by the Secretary under this subsection, a court may not re-examine issues of liability or the amount of the penalty.

(C)

Jurisdiction

The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary under this subsection if—

(i)

the amount in controversy is more than—

(I)

$400,000, if the violation was committed by a person other than an individual or small business concern; or

(II)

$50,000 if the violation was committed by an individual or small business concern;

(ii)

the action is in rem or another action in rem based on the same violation has been brought; or

(iii)

another action has been brought for an injunction based on the same violation.

(D)

Maximum penalty

The maximum civil penalty the Secretary administratively may impose under this paragraph is—

(i)

$400,000, if the violation was committed by a person other than an individual or small business concern; or

(ii)

$50,000, if the violation was committed by an individual or small business concern.

(E)

Notice and opportunity to request hearing

Before imposing a penalty under this section the Secretary shall provide to the person against whom the penalty is to be imposed—

(i)

written notice of the proposed penalty; and

(ii)

the opportunity to request a hearing on the proposed penalty, if the Secretary receives the request not later than 30 days after the date on which the person receives notice.

(4)

Compromise and setoff

(A)

The Secretary may compromise the amount of a civil penalty imposed under this subsection.

(B)

The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.

(5)

Investigations and proceedings

Chapter 461 shall apply to investigations and proceedings brought under this subsection to the same extent that it applies to investigations and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary.

(6)

Definitions

In this subsection:

(A)

Person

The term person does not include—

(i)

the United States Postal Service; or

(ii)

the Department of Defense.

(B)

Small business concern

The term small business concern has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).

(7)

Enforcement transparency

(A)

In general

Not later than December 31, 2008, and annually thereafter, the Secretary shall—

(i)

provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and

(ii)

include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.

(B)

Electronic availability

Each summary under this paragraph shall be made available to the public by electronic means.

(C)

Relationship to the freedom of information act and the privacy act

Nothing in this subsection shall be construed to require disclosure of information or records that are exempt from disclosure under sections 552 or 552a of title 5.

(D)

Enforcement guidance

Not later than 180 days after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary shall provide a report to the public describing the enforcement process established under this subsection.

.

(b)

Conforming amendment

Section 46301(a)(4) of title 49, United States Code, is amended by striking or another requirement under this title administered by the Under Secretary of Transportation for Security.

1303.

Authorization of visible intermodal prevention and response teams

(a)

In general

The Secretary, acting through the Administrator of the Transportation Security Administration, may develop Visible Intermodal Prevention and Response (referred to in this section as