HR 1 IH
110th CONGRESS
1st Session
H. R. 1
To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Mr. THOMPSON of Mississippi (for himself, Mr. LANTOS, Mr. SKELTON,
Mrs. GILLIBRAND, Mr. ACKERMAN, Mr. ALLEN, Mr. ALTMIRE, Mr. ANDREWS, Mr.
ARCURI, Mr. BACA, Mr. BAIRD, Ms. BALDWIN, Ms. BEAN, Mr. BECERRA, Ms.
BERKLEY, Mr. BERMAN, Mr. BERRY, Mr. BISHOP of New York, Mr. BLUMENAUER,
Ms. BORDALLO, Mr. BOREN, Mr. BOSWELL, Mr. BOUCHER, Ms. BOYDA of Kansas,
Mr. BRADY of Pennsylvania, Mr. BRALEY of Iowa, Mr. BUTTERFIELD, Mrs.
CAPPS, Mr. CAPUANO, Mr. CARDOZA, Mr. CARNAHAN, Mr. CARNEY, Ms. CASTOR,
Mr. CHANDLER, Mrs. CHRISTENSEN, Ms. CLARKE, Mr. CLAY, Mr. CLEAVER, Mr.
CLYBURN, Mr. COHEN, Mr. CONYERS, Mr. COOPER, Mr. COSTELLO, Mr.
COURTNEY, Mr. CROWLEY, Mr. CRAMER, Mr. CUELLAR, Mr. CUMMINGS, Mr. DAVIS
of Illinois, Mr. DAVIS of Alabama, Mrs. DAVIS of California, Mr.
DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Ms. DELAURO, Mr. DICKS, Mr.
DOGGETT, Mr. DONNELLY, Mr. DOYLE, Mr. ELLISON, Mr. ELLSWORTH, Mr.
EMANUEL, Ms. ESHOO, Mr. ETHERIDGE, Mr. FALEOMAVAEGA, Mr. FARR, Mr.
FATTAH, Mr. FILNER, Mr. FRANK of Massachusetts, Ms. GIFFORDS, Mr. AL
GREEN of Texas, Mr. GENE GREEN of Texas, Mr. GRIJALVA, Mr. HALL of New
York, Mr. HARE, Ms. HARMAN, Mr. HASTINGS of Florida, Ms. HERSETH, Mr.
HIGGINS, Mr. HILL, Mr. HINCHEY, Ms. HIRONO, Mr. HODES, Mr. HOLDEN, Mr.
HOLT, Mr. HONDA, Ms. HOOLEY, Mr. HOYER, Mr. INSLEE, Mr. ISRAEL, Mr.
JACKSON of Illinois, Ms. JACKSON-LEE of Texas, Ms. EDDIE BERNICE
JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr. KAGEN, Ms. KAPTUR, Mr.
KILDEE, Mr. KIND, Mr. KLEIN of Florida, Mr. KUCINICH, Mr. LAMPSON, Mr.
LANGEVIN, Mr. LARSEN of Washington, Mr. LARSON of Connecticut, Ms. LEE,
Mr. LEVIN, Mr. LEWIS of Georgia, Mr. LOEBSACK, Ms. ZOE LOFGREN of
California, Mrs. LOWEY, Mr. LYNCH, Mr. MAHONEY of Florida, Mrs. MALONEY
of New York, Mr. MARKEY, Ms. MATSUI, Ms. MCCOLLUM of Minnesota, Mr.
MCDERMOTT, Mr. MCGOVERN, Mr. MCINTYRE, Mr. MCNERNEY, Mr. MCNULTY, Mr.
MEEHAN, Mr. MEEK of Florida, Mr. MICHAUD, Ms. MILLENDER-MCDONALD, Mr.
GEORGE MILLER of California, Mr. MITCHELL, Mr. MOORE of Kansas, Mr.
MORAN of Virginia, Mr. MURPHY of Connecticut, Mr. CHRISTOPHER MURPHY of
Pennsylvania, Mr. NADLER, Mrs. NAPOLITANO, Ms. NORTON, Mr. OBERSTAR,
Mr. OBEY, Mr. OLVER, Mr. ORTIZ, Mr. PALLONE, Mr. PASCRELL, Mr. PASTOR,
Mr. PAYNE, Mr. PERLMUTTER, Mr. POMEROY, Mr. PRICE of North Carolina,
Mr. RAHALL, Mr. RANGEL, Mr. REYES, Mr. RODRIGUEZ, Mr. ROSS, Mr.
ROTHMAN, Ms. ROYBAL-ALLARD, Mr. RUPPERSBERGER, Mr. RUSH, Mr. RYAN of
Ohio, Mr. SALAZAR, Ms. LINDA T. SANCHEZ of California, Mr. SARBANES,
Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. SCOTT of Georgia, Mr. SCOTT of
Virginia, Mr. SERRANO, Mr. SESTAK, Ms. SHEA-PORTER, Mr. SHERMAN, Mr.
SHULER, Mr. SIRES, Ms. SLAUGHTER, Mr. SMITH of Washington, Ms. SOLIS,
Mr. SPACE, Mr. SPRATT, Mr. STARK, Mr. STUPAK, Ms. SUTTON, Mrs.
TAUSCHER, Mr. THOMPSON of California, Mr. TIERNEY, Mrs. JONES of Ohio,
Mr. UDALL of Colorado, Mr. UDALL of New Mexico, Mr. VAN HOLLEN, Ms.
VELAZQUEZ, Mr. WALZ of Minnesota, Ms. WASSERMAN SCHULTZ, Ms. WATERS,
Ms. WATSON, Mr. WAXMAN, Mr. WEINER, Mr. WELCH of Vermont, Mr. WEXLER,
Mr. WILSON of Ohio, Ms. WOOLSEY, Mr. WU, Mr. WYNN, Mr. YARMUTH, and Mr.
HINOJOSA) introduced the following bill; which was referred to the
Committee on Homeland Security, and in addition to the Committees on
Energy and Commerce, the Judiciary, Select Intelligence (Permanent
Select), Foreign Affairs, Transportation and Infrastructure, Oversight
and Government Reform, and Ways and Means, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Implementing the 9/11 Commission Recommendations Act of 2007'.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 2. Table of contents.
TITLE I--RISK-BASED ALLOCATION OF HOMELAND SECURITY GRANTS
Sec. 101. First responders homeland security funding.
TITLE II--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
Sec. 201. Improve Communications for Emergency Response Grant Program.
TITLE III--STRENGTHENING USE OF A UNIFIED INCIDENT COMMAND DURING EMERGENCIES
Sec. 301. National exercise program design.
Sec. 302. National exercise program model exercises.
Sec. 303. Responsibilities of Regional Administrators of the Federal Emergency Management Agency.
TITLE IV--STRENGTHENING AVIATION SECURITY
Sec. 401. Installation of in-line baggage screening equipment.
Sec. 402. Aviation security capital fund.
Sec. 403. Airport checkpoint screening explosive detection.
Sec. 404. Strengthening explosive detection at airport screening checkpoints.
Sec. 405. Extension of authorization of aviation security funding.
Sec. 406. Inspection of cargo carried aboard passenger aircraft.
Sec. 407. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.
Sec. 408. Transportation Security Administration personnel management.
Sec. 409. Strategic plan to test and implement advanced passenger prescreening system.
TITLE V--STRENGTHENING THE SECURITY OF CARGO CONTAINERS
Sec. 501. Requirements relating to entry of containers into the United States.
TITLE VI--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Human Smuggling and Trafficking Center Improvements
Sec. 601. Strengthening the capabilities of the Human Smuggling and Trafficking Center.
Subtitle B--International Collaboration to Prevent Terrorist Travel
Sec. 611. Report on international collaboration to
increase border security, enhance global document security, and
exchange terrorist information.
Subtitle C--Biometric Border Entry and Exit System
Sec. 621. Submittal of plan on biometric entry and exit verification system implementation.
TITLE VII--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITH LOCAL LAW ENFORCEMENT AND FIRST RESPONDERS
Subtitle A--Fusion and Law Enforcement Education and Teaming (FLEET) Grant Program
Sec. 702. FLEET Grant program.
Subtitle B--Border Intelligence Fusion Center Program
Sec. 712. Establishment of Border Intelligence Fusion Center Program.
Subtitle C--Homeland Security Information Sharing Enhancement
Sec. 722. Homeland Security Advisory System.
Sec. 723. Homeland security information sharing.
Subtitle D--Homeland Security Information Sharing Partnerships
Sec. 732. State, Local, and Regional Information Fusion Center Initiative.
Sec. 733. Homeland Security Information Sharing Fellows Program.
Subtitle E--Homeland Security Intelligence Offices Reorganization
Sec. 741. Departmental reorganization.
Sec. 742. Intelligence components of Department of Homeland Security.
Sec. 743. Office of Infrastructure Protection.
TITLE VIII--PROTECTING PRIVACY AND CIVIL LIBERTIES WHILE EFFECTIVELY FIGHTING TERRORISM
Subtitle A--Privacy and Civil Liberties Oversight Boards
Sec. 803. Making the Privacy and Civil Liberties Oversight Board independent.
Sec. 804. Requiring all members of the Privacy and Civil Liberties Oversight Board be confirmed by the Senate.
Sec. 805. Subpoena power for the Privacy and Civil Liberties Oversight Board.
Sec. 806. Reporting requirements.
Subtitle B--Enhancement of Privacy Officer Authorities
Sec. 812. Authorities of the privacy officer of the Department of Homeland Security.
TITLE IX--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
Sec. 901. Vulnerability assessment and report on critical infrastructure information.
Sec. 902. National Asset Database and the National At-Risk Database.
TITLE X--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
Sec. 1001. Strategic transportation security information sharing.
Sec. 1002. Transportation security strategic planning.
TITLE XI--PRIVATE SECTOR PREPAREDNESS
Sec. 1101. Participation of private sector organizations in emergency preparedness and response activities.
TITLE XII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM
Subtitle A--Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism
Sec. 1211. Repeal and modification of limitations on
assistance for prevention of weapons of mass destruction proliferation
and terrorism.
Subtitle B--Proliferation Security Initiative
Sec. 1221. Proliferation Security Initiative improvements and authorities.
Sec. 1222. Authority to provide assistance to cooperative countries.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1231. Findings; statement of policy.
Sec. 1232. Authorization of appropriations for the Department of Defense Cooperative Threat Reduction Program.
Sec. 1233. Authorization of appropriations for the
Department of Energy programs to prevent weapons of mass destruction
proliferation and terrorism.
Subtitle D--Office of the United States Coordinator for the
Prevention of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1241. Office of the United States Coordinator for
the Prevention of Weapons of Mass Destruction Proliferation and
Terrorism.
Sec. 1242. Request for corresponding Russian coordinator.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
Sec. 1251. Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1254. Responsibilities.
Sec. 1256. Nonapplicability of Federal Advisory Committee Act.
TITLE XIII--NUCLEAR BLACK MARKET COUNTER-TERRORISM ACT
Subtitle A--Sanctions for Transfers of Nuclear Enrichment,
Reprocessing, and Weapons Technology, Equipment, and Materials
Involving Foreign Persons and Terrorists
Sec. 1311. Authority to impose sanctions on foreign persons.
Sec. 1312. Presidential notification on activities of foreign persons.
Subtitle B--Further Actions Against Corporations Associated With Sanctioned Foreign Persons
Sec. 1322. Campaign by United States Government officials.
Subtitle C--Rollback of Nuclear Proliferation Networks
Sec. 1331. Nonproliferation as a condition of United States assistance.
Sec. 1332. Report on identification of nuclear proliferation network host countries.
Sec. 1333. Suspension of arms sales licenses and deliveries to nuclear proliferation host countries.
TITLE XIV--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
Sec. 1401. Short title; table of contents.
Subtitle A--Quality Educational Opportunities in Arab and Predominantly Muslim Countries.
Sec. 1411. Findings; Policy.
Sec. 1412. International Arab and Muslim Youth Opportunity Fund.
Sec. 1413. Annual report to Congress.
Sec. 1414. Extension of program to provide grants to
American-sponsored schools in Arab and predominantly Muslim Countries
to provide scholarships.
Subtitle B--Democracy and Development in Arab and Predominantly Muslim Countries
Sec. 1421. Promoting democracy and development in the Middle East, Central Asia, South Asia, and Southeast Asia.
Sec. 1422. Middle East Foundation.
Subtitle C--Restoring United States Moral Leadership
Sec. 1431. Advancing United States interests through public diplomacy.
Sec. 1432. Expansion of United States scholarship, exchange, and library programs in Arab and predominantly Muslim countries.
Sec. 1433. United States policy toward detainees.
Subtitle D--Strategy for the United States Relationship With Afghanistan, Pakistan, and Saudi Arabia
TITLE I--RISK-BASED ALLOCATION OF HOMELAND SECURITY GRANTS
SEC. 101. FIRST RESPONDERS HOMELAND SECURITY FUNDING.
(a) In General- The Homeland Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is amended--
(1) in section 1(b) in the table of contents by
striking the items relating to the second title XVIII, as added by
section 501(b)(3) of Public Law 109-347, and inserting the following:
`TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
`Sec. 1901. Domestic Nuclear Detection Office.
`Sec. 1902. Mission of Office.
`Sec. 1904. Testing authority.
`Sec. 1905. Relationship to other Department entities and Federal agencies.
`Sec. 1906. Contracting and grant making authorities.';
(2) by redesignating the second title XVIII, as added by section 501(a) of Public Law 109-347, as title XIX;
(3) in title XIX (as so redesignated)--
(A) by redesignating sections 1801 through 1806 as sections 1901 through 1906, respectively;
(B) in section 1904(a) (6 U.S.C. 594(a)), as so redesignated, by striking `section 1802' and inserting `section 1902'; and
(C) in section 1906 (6 U.S.C. 596), as so
redesignated, by striking `section 1802(a)' each place it appears and
inserting `section 1902(a)';
(4) in section 1(b) in the table of contents by adding at the end the following:
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`Sec. 2002. Faster and Smarter Funding for First Responders.
`Sec. 2003. Covered grant eligibility and criteria.
`Sec. 2004. Risk-based evaluation and prioritization.
`Sec. 2005. Use of funds and accountability requirements.';
(5) by adding at the end the following:
`TITLE XX--FUNDING FOR FIRST RESPONDERS
`SEC. 2001. DEFINITIONS.
`(1) COVERED GRANT- The term `covered grant' means any grant to which this title applies under section 2002.
`(2) DIRECTLY ELIGIBLE TRIBE- The term `directly eligible tribe' means any Indian tribe or consortium of Indian tribes that--
`(A) meets the criteria for inclusion in the
qualified applicant pool for Self-Governance that are set forth in
section 402(c) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458bb(c));
`(B) employs at least 10 full-time personnel in a
law enforcement or emergency response agency with the capacity to
respond to calls for law enforcement or emergency services; and
`(C)(i) is located on, or within 5 miles of, an international border or waterway;
`(ii) is located within 5 miles of a facility designated as high-risk critical infrastructure by the Secretary;
`(iii) is located within or contiguous to one of the 50 largest metropolitan statistical areas in the United States; or
`(iv) has more than 1,000 square miles of Indian
country, as that term is defined in section 1151 of title 18, United
States Code.
`(3) ELEVATIONS IN THE THREAT ALERT LEVEL- The term
`elevations in the threat alert level' means any designation (including
those that are less than national in scope) that raises the homeland
security threat level to either the highest or second highest threat
level under the Homeland Security Advisory System referred to in
section 201(d)(7).
`(4) FIRST RESPONDER- The term `first responder' shall have the same meaning as the term `emergency response provider'.
`(5) INDIAN TRIBE- The term `Indian tribe' means any
Indian tribe, band, nation, or other organized group or community,
including any Alaskan Native village or regional or village corporation
as defined in or established pursuant to the Alaskan Native Claims
Settlement Act (43 U.S.C. 1601 et seq.), that is recognized as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians.
`(6) REGION- The term `region' means--
`(A) any geographic area consisting of all or parts
of 2 or more contiguous States that have a combined population of at
least 1,650,000 or have an area of not less than 20,000 square miles,
and that, for purposes of an application for a covered grant, is
represented by 1 or more governments or governmental agencies within
such geographic area, and that is established by law or by agreement of
2 or more such governments or governmental agencies in a mutual aid
agreement; or
`(B) any other combination of contiguous local
government units (including such a combination established by law or
agreement of two or more governments or governmental agencies in a
mutual aid agreement) that is formally certified by the Secretary as a
region for purposes of this Act with the consent of--
`(i) the State or States in which they are
located, including a multi-State entity established by a compact
between two or more States; and
`(ii) the incorporated municipalities, counties, and parishes that they encompass.
`(7) TERRORISM PREPAREDNESS- The term `terrorism
preparedness' means any activity designed to improve the ability to
prevent, prepare for, respond to, mitigate against, or recover from
threatened or actual terrorist attacks.
`(8) CAPABILITIES- The term `capabilities' shall have the same meaning that term has under title VIII.
`SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.
`(a) Covered Grants- This title applies to grants provided
by the Department to States, urban areas, regions, or directly eligible
tribes for the primary purpose of improving the ability of first
responders to prevent, prepare for, respond to, mitigate against, or
recover from threatened or actual terrorist attacks, especially those
involving weapons of mass destruction, administered under the following:
`(1) STATE HOMELAND SECURITY GRANT PROGRAM- The State
Homeland Security Grant Program of the Department, or any successor to
such grant program.
`(2) URBAN AREA SECURITY INITIATIVE- The Urban Area
Security Initiative of the Department, or any successor to such grant
program.
`(3) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM- The
Law Enforcement Terrorism Prevention Program of the Department, or any
successor to such grant program.
`(b) Excluded Programs- This title does not apply to or
otherwise affect the following Federal grant programs or any grant
under such a program:
`(1) NONDEPARTMENT PROGRAMS- Any Federal grant program that is not administered by the Department.
`(2) FIRE GRANT PROGRAMS- The fire grant programs
authorized by sections 33 and 34 of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229, 2229a).
`(3) EMERGENCY MANAGEMENT PLANNING AND ASSISTANCE
ACCOUNT GRANTS- The Emergency Management Performance Grant program and
the Urban Search and Rescue Grants program authorized by title VI of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5195 et seq.); the Departments of Veterans Affairs and Housing
and Urban Development, and Independent Agencies Appropriations Act,
2000 (113 Stat. 1047 et seq.); and the Earthquake Hazards Reduction Act
of 1977 (42 U.S.C. 7701 et seq.).
`SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA.
`(1) STATE, REGION, OR DIRECTLY ELIGIBLE TRIBE- Any
State, region, or directly eligible tribe shall be eligible to apply
for a covered grant under the programs referred to in paragraphs (1)
and (3) of section 1802(a).
`(2) HIGH-THREAT URBAN AREAS- Any urban area that is
determined by the Secretary to be a high-threat urban areas shall be
eligible to apply for a covered grant referred to in paragraph (2) of
section 1802(a).
`(b) Grant Criteria- The Secretary shall award covered
grants to assist States and local governments in achieving,
maintaining, and enhancing the capabilities for terrorism preparedness
established by the Secretary.
`(c) Submission of State Preparedness Report-
`(1) SUBMISSION REQUIRED- The Secretary shall require
that any State applying to the Secretary for a covered grant must
submit State Preparedness Report specified in section 652(c) of the
Department of Homeland Security Appropriations Act, 2007 (Public Law
109-295).
`(2) CONSULTATION- The State report submitted under
paragraph (1) shall be developed in consultation with and subject to
appropriate comment by local governments and first responders within
the State.
`(d) Consistency With State Plans-
`(1) IN GENERAL- The Secretary shall ensure that each
covered grant is used to supplement and support, in a consistent and
coordinated manner, the applicable State homeland security report or
plan.
`(2) APPROVAL OF PLAN BY SECRETARY- The Secretary may
not award any covered grant to a State unless the Secretary has
approved the applicable State homeland security plan.
`(3) REVISIONS- A State may revise the applicable State
homeland security plan approved by the Secretary under this subsection,
subject to approval of the revision by the Secretary.
`(e) Application for Grant-
`(1) IN GENERAL- Except as otherwise provided in this
subsection, any State, urban area, region, or directly eligible tribe
may apply for a covered grant by submitting to the Secretary an
application at such time, in such manner, and containing such
information as is required under this subsection, or as the Secretary
may reasonably require.
`(2) DEADLINES FOR APPLICATIONS AND AWARDS- All
applications for covered grants must be submitted at such time as the
Secretary may reasonably require for the fiscal year for which they are
submitted. The Secretary shall award covered grants pursuant to all
approved applications for such fiscal year as soon as practicable, but
not later than March 1 of such year.
`(3) AVAILABILITY OF FUNDS- All funds awarded by the
Secretary under covered grants in a fiscal year shall be available for
obligation through the end of the subsequent fiscal year.
`(4) MINIMUM CONTENTS OF APPLICATION- The Secretary
shall require that each applicant include in its application, at a
minimum--
`(A) the purpose for which the applicant seeks
covered grant funds and the reasons why the applicant needs the covered
grant to meet the capabilities for terrorism preparedness within the
State, urban area, region, or directly eligible tribe to which the
application pertains;
`(B) a description of how, by reference to the
applicable State homeland security plan or plans under subsection (c),
the allocation of grant funding proposed in the application, including,
where applicable, the amount not passed through under section
2005(g)(1), would assist in fulfilling the capabilities for terrorism
preparedness specified in such plan or plans;
`(C) a statement of whether a mutual aid agreement applies to the use of all or any portion of the covered grant funds;
`(D) if the applicant is a State, a description of
how the State plans to allocate the covered grant funds to local
governments and Indian tribes;
`(E) if the applicant is a region--
`(i) a precise geographical description of the
region and a specification of all participating and nonparticipating
local governments within the geographical area comprising that region;
`(ii) a specification of what governmental
entity within the region will administer the expenditure of funds under
the covered grant; and
`(iii) a designation of a specific individual to serve as regional liaison;
`(F) a capital budget showing how the applicant intends to allocate and expend the covered grant funds;
`(G) if the applicant is a directly eligible tribe, a designation of a specific individual to serve as the tribal liaison; and
`(H) a statement of how the applicant intends to meet the matching requirement, if any, that applies under section 2005(g)(2).
`(5) REGIONAL APPLICATIONS-
`(A) RELATIONSHIP TO STATE APPLICATIONS- A regional application--
`(i) shall be coordinated with an application submitted by the State or States of which such region is a part;
`(ii) shall supplement and avoid duplication with such State application; and
`(iii) shall address the unique regional
aspects of such region's terrorism preparedness needs beyond those
provided for in the application of such State or States.
`(B) STATE REVIEW AND SUBMISSION- To ensure the
consistency required under subsection (d) and the coordination required
under subparagraph (A) of this paragraph, an applicant that is a region
must submit its application to each State of which any part is included
in the region for review and concurrence prior to the submission of
such application to the Secretary. The regional application shall be
transmitted to the Secretary through each such State within 30 days of
its receipt, unless the Governor of such a State notifies the
Secretary, in writing, that such regional application is inconsistent
with the State's homeland security plan and provides an explanation of
the reasons therefor.
`(C) DISTRIBUTION OF REGIONAL AWARDS- If the
Secretary approves a regional application, then the Secretary shall
distribute a regional award to the State or States submitting the
applicable regional application under subparagraph (B), and each such
State shall, not later than the end of the 45-day period beginning on
the date after receiving a regional award, pass through to the region
all covered grant funds or resources purchased with such funds, except
those funds necessary for the State to carry out its responsibilities
with respect to such regional application: Provided, That in no such
case shall the State or States pass through to the region less than 80
percent of the regional award.
`(D) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO REGIONS- Any State that receives a regional award under
subparagraph (C) shall certify to the Secretary, by not later than 30
days after the expiration of the period described in subparagraph (C)
with respect to the grant, that the State has made available to the
region the required funds and resources in accordance with subparagraph
(C).
`(E) DIRECT PAYMENTS TO REGIONS- If any State fails
to pass through a regional award to a region as required by
subparagraph (C) within 45 days after receiving such award and does not
request or receive an extension of such period under section
2006(h)(2), the region may petition the Secretary to receive directly
the portion of the regional award that is required to be passed through
to such region under subparagraph (C).
`(F) REGIONAL LIAISONS- A regional liaison designated under paragraph (4)(E)(iii) shall--
`(i) coordinate with Federal, State, local,
regional, and private officials within the region concerning terrorism
preparedness;
`(ii) develop a process for receiving input
from Federal, State, local, regional, and private sector officials
within the region to assist in the development of the regional
application and to improve the region's access to covered grants; and
`(iii) administer, in consultation with State,
local, regional, and private officials within the region, covered
grants awarded to the region.
`(6) TRIBAL APPLICATIONS-
`(A) SUBMISSION TO THE STATE OR STATES- To ensure
the consistency required under subsection (d), an applicant that is a
directly eligible tribe must submit its application to each State
within the boundaries of which any part of such tribe is located for
direct submission to the Department along with the application of such
State or States.
`(B) OPPORTUNITY FOR STATE COMMENT- Before awarding
any covered grant to a directly eligible tribe, the Secretary shall
provide an opportunity to each State within the boundaries of which any
part of such tribe is located to comment to the Secretary on the
consistency of the tribe's application with the State's homeland
security plan. Any such comments shall be submitted to the Secretary
concurrently with the submission of the State and tribal applications.
`(C) FINAL AUTHORITY- The Secretary shall have
final authority to determine the consistency of any application of a
directly eligible tribe with the applicable State homeland security
plan or plans, and to approve any application of such tribe. The
Secretary shall notify each State within the boundaries of which any
part of such tribe is located of the approval of an application by such
tribe.
`(D) TRIBAL LIAISON- A tribal liaison designated under paragraph (4)(G) shall--
`(i) coordinate with Federal, State, local, regional, and private officials concerning terrorism preparedness;
`(ii) develop a process for receiving input
from Federal, State, local, regional, and private sector officials to
assist in the development of the application of such tribe and to
improve the tribe's access to covered grants; and
`(iii) administer, in consultation with State, local, regional, and private officials, covered grants awarded to such tribe.
`(E) LIMITATION ON THE NUMBER OF DIRECT GRANTS- The
Secretary may make covered grants directly to not more than 20 directly
eligible tribes per fiscal year.
`(F) TRIBES NOT RECEIVING DIRECT GRANTS- An Indian
tribe that does not receive a grant directly under this section is
eligible to receive funds under a covered grant from the State or
States within the boundaries of which any part of such tribe is
located, consistent with the homeland security plan of the State as
described in subsection (c). If a State fails to comply with section
2006(g)(1), the tribe may request payment under section 2006(h)(3) in
the same manner as a local government.
`(7) EQUIPMENT STANDARDS- If an applicant for a covered
grant proposes to upgrade or purchase, with assistance provided under
the grant, new equipment or systems that do not meet or exceed any
applicable national voluntary consensus standards established by the
Secretary, the applicant shall include in the application an
explanation of why such equipment or systems will serve the needs of
the applicant better than equipment or systems that meet or exceed such
standards.
`SEC. 2004. RISK-BASED EVALUATION AND PRIORITIZATION.
`(a) Prioritization of Grant Applications-
`(1) FACTORS TO BE CONSIDERED- The Secretary shall
evaluate and annually prioritize all pending applications for covered
grants based upon the degree to which they would, by achieving,
maintaining, or enhancing the capabilities of the applicants on a
nationwide basis, lessen the threat to, vulnerability of, and
consequences for persons (including transient commuting and tourist
populations) and critical infrastructure. Such evaluation and
prioritization shall be based upon the most current risk assessment
available by the Office of Intelligence Analysis and the Office of
Infrastructure Protection of the threats of terrorism against the
United States. In establishing criteria for evaluating and prioritizing
applications for covered grants, the Secretary shall coordinate with
the National Advisory Council established under section 508, the
Director of the Federal Emergency Management Agency, the United States
Fire Administrator, the Chief Intelligence Officer of the Department,
the Assistant Secretary for Infrastructure Protection, and other
Department officials as determined by the Secretary.
`(2) CRITICAL INFRASTRUCTURE SECTORS- The Secretary
specifically shall consider threats of terrorism against the following
critical infrastructure sectors in all areas of the United States,
urban and rural:
`(A) Agriculture and food.
`(B) Banking and finance.
`(C) Chemical industries.
`(D) The defense industrial base.
`(G) Government facilities.
`(H) Postal and shipping.
`(I) Public health and health care.
`(J) Information technology.
`(L) Transportation systems.
`(O) Commercial facilities.
`(P) National monuments and icons.
The order in which the critical infrastructure sectors
are listed in this paragraph shall not be construed as an order of
priority for consideration of the importance of such sectors.
`(3) TYPES OF THREAT- The Secretary specifically shall
consider the following types of threat to the critical infrastructure
sectors described in paragraph (2), and to populations in all areas of
the United States, urban and rural:
`(C) Radiological threats.
`(I) Any other threats based on proximity to specific past acts of terrorism or the known activity of any terrorist group.
The order in which the types of threat are listed in
this paragraph shall not be construed as an order of priority for
consideration of the importance of such threats.
`(4) CONSIDERATION OF ADDITIONAL FACTORS- The Secretary
shall take into account any other specific threat to a population
(including a transient commuting or tourist population) or critical
infrastructure sector that the Board has determined to exist. In
evaluating the threat to a population or critical infrastructure
sector, the Secretary shall give greater weight to threats of terrorism
based upon their specificity and credibility, including any pattern of
repetition.
`(5) MINIMUM AMOUNTS- After evaluating and prioritizing
grant applications under paragraph (1), the Department shall ensure
that, for each fiscal year--
`(A) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan receives no less than 0.25
percent of the funds available for covered grants for that fiscal year
for purposes of implementing its homeland security plan;
`(B) each of the States, other than the Virgin
Islands, American Samoa, Guam, and the Northern Mariana Islands, that
has an approved State homeland security plan and that meets one or both
of the additional high-risk qualifying criteria under paragraph (6)
receives no less than 0.45 percent of the funds available for covered
grants for that fiscal year for purposes of implementing its homeland
security plan;
`(C) the Virgin Islands, American Samoa, Guam, and
the Northern Mariana Islands each receives no less than 0.08 percent of
the funds available for covered grants for that fiscal year for
purposes of implementing its approved State plan; and
`(D) directly eligible tribes collectively receive
no less than 0.08 percent of the funds available for covered grants for
such fiscal year for purposes of addressing the needs identified in the
applications of such tribes, consistent with the homeland security plan
of each State within the boundaries of which any part of any such tribe
is located, except that this clause shall not apply with respect to
funds available for a fiscal year if the Secretary receives less than 5
applications for such fiscal year from such tribes or does not approve
at least one such application.
`(6) ADDITIONAL HIGH-RISK QUALIFYING CRITERIA- For
purposes of paragraph (5)(B), additional high-risk qualifying criteria
consist of--
`(A) having a significant international land border; or
`(B) adjoining a body of water within North America through which an international boundary line extends.
`(b) Effect of Regional Awards on State Minimum- Any
regional award, or portion thereof, provided to a State under section
2003(e)(5)(C) shall not be considered in calculating the minimum State
award under subsection (a)(5) of this section.
`(c) Relationship to Other Programs- This section shall be
carried out in consultation with the Secretary of Health and Human
Services. Nothing in this section affects the scope of authority of the
Secretary of Health and Human Services, including such authority under
the Public Health Service Act.
`SEC. 2005. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.
`(a) In General- A covered grant may be used for--
`(1) purchasing or upgrading equipment, including computer hardware and software, to enhance terrorism preparedness;
`(2) exercises to strengthen terrorism preparedness;
`(3) training for prevention (including detection) of,
preparedness for, response to, or recovery from attacks involving
weapons of mass destruction, including training in the use of equipment
and computer software;
`(4) developing or updating State homeland security
plans, risk assessments, mutual aid agreements, and emergency
management plans to enhance terrorism preparedness;
`(5) establishing or enhancing mechanisms for sharing terrorism threat information;
`(6) systems architecture and engineering, program
planning and management, strategy formulation and strategic planning,
life-cycle systems design, product and technology evaluation, and
prototype development for terrorism preparedness purposes;
`(7) additional personnel costs resulting from--
`(A) elevations in the threat alert level of the
Homeland Security Advisory System by the Secretary, or a similar
elevation in threat alert level issued by a State, region, or local
government with the approval of the Secretary;
`(B) travel to and participation in exercises and training in the use of equipment and on prevention activities;
`(C) the temporary replacement of personnel during
any period of travel to and participation in exercises and training in
the use of equipment and on prevention activities; and
`(D) the hiring of staff to serve as intelligence analysts to strengthen information and intelligence sharing capabilities;
`(8) the costs of equipment (including software) required to receive, transmit, handle, and store classified information;
`(9) protecting critical infrastructure against
potential attack by the addition of barriers, fences, gates, and other
such devices that are constructed consistent with the requirements of
section 6(j)(9) of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196(j)(9), except that the cost of such
measures may not exceed the greater of--
`(A) $1,000,000 per project; or
`(B) such greater amount as may be approved by the
Secretary, which may not exceed 10 percent of the total amount of the
covered grant;
`(10) the costs of commercially available interoperable
communications equipment (that, where applicable, is based on national,
voluntary consensus standards) that the Secretary, in consultation with
the Assistant Secretary for Emergency Communications, deems best suited
to facilitate interoperability, coordination, and integration between
and among emergency communications systems, and that complies with
prevailing grant guidance of the Department for interoperable
communications;
`(11) educational curricula development for first responders to ensure that they are prepared for terrorist attacks;
`(12) training and exercises to assist public
elementary and secondary schools in developing and implementing
programs to instruct students regarding age-appropriate skills to
prevent, prepare for, respond to, mitigate against, or recover from an
act of terrorism;
`(13) paying of administrative expenses directly
related to administration of the grant, except that such expenses may
not exceed 3 percent of the amount of the grant;
`(14) Public safety answering points;
`(15) paying for the conduct of any activity permitted
under the Law Enforcement Terrorism Prevention Program, or any such
successor to such program; and
`(16) other appropriate activities as determined by the Secretary.
`(b) Prohibited Uses- Funds provided as a covered grant may not be used--
`(1) to supplant State or local funds;
`(2) to construct buildings or other physical facilities;
`(4) for any State or local government cost-sharing contribution.
`(c) Intelligence Analysts- An individual hired to serve as
an intelligence analyst under subsection (a)(7)(D) must meet at least
one of the following criteria:
`(1) The individual has successfully completed training
that meets the standards of the International Association of Law
Enforcement Intelligence Analysts to ensure baseline proficiency in
intelligence analysis and production.
`(2) The individual has previously served in a Federal intelligence agency as an intelligence analyst for at least two years.
`(d) Multiple-Purpose Funds- Nothing in this section shall
be construed to preclude State and local governments from using covered
grant funds in a manner that also enhances first responder preparedness
for emergencies and disasters unrelated to acts of terrorism, if such
use assists such governments in achieving capabilities for terrorism
preparedness established by the Secretary.
`(e) Reimbursement of Costs-
`(1) PAID-ON-CALL OR VOLUNTEER REIMBURSEMENT- In
addition to the activities described in subsection (a), a covered grant
may be used to provide a reasonable stipend to paid-on-call or
volunteer first responders who are not otherwise compensated for travel
to or participation in training covered by this section. Any such
reimbursement shall not be considered compensation for purposes of
rendering such a first responder an employee under the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.).
`(2) PERFORMANCE OF FEDERAL DUTY- An applicant for a
covered grant may petition the Secretary for the reimbursement of the
cost of any activity relating to prevention (including detection) of,
preparedness for, response to, or recovery from acts of terrorism that
is a Federal duty and usually performed by a Federal agency, and that
is being performed by a State or local government (or both) under
agreement with a Federal agency.
`(f) Assistance Requirement- The Secretary may not require
that equipment paid for, wholly or in part, with funds provided as a
covered grant be made available for responding to emergencies in
surrounding States, regions, and localities, unless the Secretary
undertakes to pay the costs directly attributable to transporting and
operating such equipment during such response.
`(g) Flexibility in Unspent Homeland Security Grant Funds-
Upon request by the recipient of a covered grant, the Secretary may
authorize the grantee to transfer all or part of funds provided as the
covered grant from uses specified in the grant agreement to other uses
authorized under this section, if the Secretary determines that such
transfer is in the interests of homeland security.
`(h) State, Regional, and Tribal Responsibilities-
`(1) PASS-THROUGH- The Secretary shall require a
recipient of a covered grant that is a State to obligate or otherwise
make available to local governments, first responders, and other local
groups, to the extent required under the State homeland security plan
or plans specified in the application for the grant, not less than 80
percent of the grant funds, resources purchased with the grant funds
having a value equal to at least 80 percent of the amount of the grant,
or a combination thereof, by not later than the end of the 45-day
period beginning on the date the grant recipient receives the grant
funds.
`(A) IN GENERAL- The Federal share of the costs of
an activity carried out with a covered grant to a State, region, or
directly eligible tribe awarded after the 2-year period beginning on
the date of the enactment of this section shall not exceed 75 percent.
`(B) INTERIM RULE- The Federal share of the costs
of an activity carried out with a covered grant awarded before the end
of the 2-year period beginning on the date of the enactment of this
section shall be 100 percent.
`(C) IN-KIND MATCHING- Each recipient of a covered
grant may meet the matching requirement under subparagraph (A) by
making in-kind contributions of goods or services that are directly
linked with the purpose for which the grant is made, including, but not
limited to, any necessary personnel overtime, contractor services,
administrative costs, equipment fuel and maintenance, and rental space.
`(3) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO LOCAL GOVERNMENTS- Any State that receives a covered grant
shall certify to the Secretary, by not later than 30 days after the
expiration of the period described in paragraph (1) with respect to the
grant, that the State has made available for expenditure by local
governments, first responders, and other local groups the required
amount of grant funds pursuant to paragraph (1).
`(4) QUARTERLY REPORT ON HOMELAND SECURITY SPENDING-
The Federal share described in paragraph (2)(A) may be increased by up
to 2 percent for any State, region, or directly eligible tribe that,
not later than 30 days after the end of each fiscal quarter, submits to
the Secretary a report on that fiscal quarter. Each such report must
include, for each recipient of a covered grant or a pass-through under
paragraph (1)--
`(A) the amount obligated to that recipient in that quarter;
`(B) the amount expended by that recipient in that quarter; and
`(C) a summary description of the items purchased by such recipient with such amount.
`(5) ANNUAL REPORT ON HOMELAND SECURITY SPENDING- Each
recipient of a covered grant shall submit an annual report to the
Secretary not later than 60 days after the end of each Federal fiscal
year. Each recipient of a covered grant that is a region must
simultaneously submit its report to each State of which any part is
included in the region. Each recipient of a covered grant that is a
directly eligible tribe must simultaneously submit its report to each
State within the boundaries of which any part of such tribe is located.
Each report must include the following:
`(A) The amount, ultimate recipients, and dates of
receipt of all funds received under the grant during the previous
fiscal year.
`(B) The amount and the dates of disbursements of
all such funds expended in compliance with paragraph (1) or pursuant to
mutual aid agreements or other sharing arrangements that apply within
the State, region, or directly eligible tribe, as applicable, during
the previous fiscal year.
`(C) How the funds were utilized by each ultimate recipient or beneficiary during the preceding fiscal year.
`(D) The extent to which capabilities identified in
the applicable State homeland security plan or plans were achieved,
maintained, or enhanced as the result of the expenditure of grant funds
during the preceding fiscal year.
`(E) The extent to which capabilities identified in the applicable State homeland security plan or plans remain unmet.
`(6) INCLUSION OF RESTRICTED ANNEXES- A recipient of a
covered grant may submit to the Secretary an annex to the annual report
under paragraph (5) that is subject to appropriate handling
restrictions, if the recipient believes that discussion in the report
of unmet needs would reveal sensitive but unclassified information.
`(i) Incentives to Efficient Administration of Homeland Security Grants-
`(1) PENALTIES FOR DELAY IN PASSING THROUGH LOCAL
SHARE- If a recipient of a covered grant that is a State fails to pass
through to local governments, first responders, and other local groups
funds or resources required by subsection (g)(1) within 45 days after
receiving funds under the grant, the Secretary may--
`(A) reduce grant payments to the grant recipient
from the portion of grant funds that is not required to be passed
through under subsection (g)(1);
`(B) terminate payment of funds under the grant to
the recipient, and transfer the appropriate portion of those funds
directly to local first responders that were intended to receive
funding under that grant; or
`(C) impose additional restrictions or burdens on the recipient's use of funds under the grant, which may include--
`(i) prohibiting use of such funds to pay the grant recipient's grant-related overtime or other expenses;
`(ii) requiring the grant recipient to
distribute to local government beneficiaries all or a portion of grant
funds that are not required to be passed through under subsection
(g)(1); or
`(iii) for each day that the grant recipient
fails to pass through funds or resources in accordance with subsection
(g)(1), reducing grant payments to the grant recipient from the portion
of grant funds that is not required to be passed through under
subsection (g)(1), except that the total amount of such reduction may
not exceed 20 percent of the total amount of the grant.
`(2) EXTENSION OF PERIOD- The Governor of a State may
request in writing that the Secretary extend the 45-day period under
section 2003(e)(5)(E) or paragraph (1) for an additional 15-day period.
The Secretary may approve such a request, and may extend such period
for additional 15-day periods, if the Secretary determines that the
resulting delay in providing grant funding to the local government
entities that will receive funding under the grant will not have a
significant detrimental impact on such entities' terrorism preparedness
efforts.
`(3) PROVISION OF NON-LOCAL SHARE TO LOCAL GOVERNMENT-
`(A) IN GENERAL- The Secretary may upon request by
a local government pay to the local government a portion of the amount
of a covered grant awarded to a State in which the local government is
located, if--
`(i) the local government will use the amount
paid to expedite planned enhancements to its terrorism preparedness as
described in any applicable State homeland security plan or plans;
`(ii) the State has failed to pass through funds or resources in accordance with subsection (g)(1); and
`(iii) the local government complies with subparagraphs (B) and (C).
`(B) SHOWING REQUIRED- To receive a payment under this paragraph, a local government must demonstrate that--
`(i) it is identified explicitly as an ultimate recipient or intended beneficiary in the approved grant application;
`(ii) it was intended by the grantee to receive
a severable portion of the overall grant for a specific purpose that is
identified in the grant application;
`(iii) it petitioned the grantee for the funds
or resources after expiration of the period within which the funds or
resources were required to be passed through under subsection (g)(1);
and
`(iv) it did not receive the portion of the overall grant that was earmarked or designated for its use or benefit.
`(C) EFFECT OF PAYMENT- Payment of grant funds to a local government under this paragraph--
`(i) shall not affect any payment to another local government under this paragraph; and
`(ii) shall not prejudice consideration of a
request for payment under this paragraph that is submitted by another
local government.
`(D) DEADLINE FOR ACTION BY SECRETARY- The
Secretary shall approve or disapprove each request for payment under
this paragraph by not later than 15 days after the date the request is
received by the Department.
`(j) Reports to Congress- The Secretary shall submit an
annual report to Congress by January 31 of each year covering the
preceding fiscal year--
`(1) describing in detail the amount of Federal funds
provided as covered grants that were directed to each State, region,
and directly eligible tribe in the preceding fiscal year;
`(2) containing information on the use of such grant funds by grantees; and
`(A) the Nation's progress in achieving,
maintaining, and enhancing the capabilities established by the
Secretary as a result of the expenditure of covered grant funds during
the preceding fiscal year; and
`(B) an estimate of the amount of expenditures
required to attain across the United States the essential capabilities
established by the Secretary.'.
TITLE II--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
SEC. 201. IMPROVE COMMUNICATIONS FOR EMERGENCY RESPONSE GRANT PROGRAM.
(a) Establishment- Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
following new section:
`SEC. 522. IMPROVE COMMUNICATIONS FOR EMERGENCY RESPONSE GRANT PROGRAM.
`(a) Establishment- The Secretary, acting through the
Director of the Office of Grants and Training and in coordination with
the Director for Emergency Communications, shall establish the Improve
Communications for Emergency Response Grant Program to make grants to
States and regions to carry out initiatives to improve interoperable
emergency communications, including initiatives to achieve solutions to
statewide, regional, national, and, where appropriate, international
interoperability.
`(b) Use of Grant Funds- A State or region receiving a
grant under this section may use the grant for short-term or long-term
goals for improving interoperable emergency communications, including
interoperability within that State or region, and to assist with--
`(1) statewide or regional communications planning;
`(2) design and engineering for interoperable emergency communications systems;
`(3) procurement and installation of interoperable emergency communications equipment;
`(4) interoperable emergency communications exercises;
`(5) modeling and simulation exercises for operational command and control functions;
`(6) technical assistance and training for interoperable emergency communications; and
`(7) other activities determined by the Secretary to be integral to interoperable emergency communications.
`(c) Region Defined- For the purposes of this section, the
term `region' means any combination of contiguous local government
units, including such a combination established by law or mutual aid
agreement between two or more local governments or governmental
agencies.'.
(b) Authorization of Appropriations- There is authorized to
be appropriated to the Secretary of Homeland Security for grants under
section 522 of the Homeland Security Act of 2002, as added by
subsection (a)--
(1) such sums as may be necessary for the first fiscal year that begins after the later of--
(A) the date on which the Secretary of Homeland
Security completes and submits to Congress the National Emergency
Communications Plan required under section 1802 of the Homeland
Security Act of 2002 (6 U.S.C. 572);
(B) the date on which the Secretary of Homeland
Security completes and submits to Congress the first baseline
interoperability assessment required under section 1803 of such Act (6
U.S.C. 573); or
(C) the date on which the Secretary of Homeland
Security, after consultation with the Director of Emergency
Communications, determines and notifies Congress that substantial
progress has been made towards the development and promulgation of
voluntary consensus-based interoperable communications standards
pursuant to section 1801(c)(11) of such Act (6 U.S.C. 571(c)(11)); and
(2) such sums as may be necessary for each subsequent fiscal year.
(c) Clerical Amendment- The table of contents in section
1(b) of that Act is amended by inserting after the item relating to
section 521 the following:
`Sec. 522. Improve Communications for Emergency Response Grant Program.'.
TITLE III--STRENGTHENING USE OF A UNIFIED INCIDENT COMMAND DURING EMERGENCIES
SEC. 301. NATIONAL EXERCISE PROGRAM DESIGN.
Section 648(b)(2)(A) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295) is amended by striking
clauses (iv) and (v) and inserting the following:
`(iv) designed to provide for systematic
evaluation of readiness and enhance operational understanding of the
Incident Command System and relevant mutual aid agreements;
`(v) designed to address the unique requirements of populations with special needs; and
`(vi) designed to include the prompt
development of after-action reports and plans for quickly incorporating
lessons learned into future operations; and'.
SEC. 302. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
Section 648(b)(2)(B) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295) is amended by striking so
much as precedes clause (i) and inserting the following:
`(B) shall include a selection of model exercises
that State, local, and tribal governments can readily adapt for use,
and shall provide assistance to State, local, and tribal governments
with the design, implementation, and evaluation of exercises, whether a
model exercise program or an exercise designed locally, that--'.
SEC. 303. RESPONSIBILITIES OF REGIONAL ADMINISTRATORS OF THE FEDERAL EMERGENCY MANAGEMENT AGENCY.
Section 507(c)(2) of the Homeland Security Act of 2002
(enacted by section 611 of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295)) is amended by striking
`and' after the semicolon at the end of subparagraph (H), by
redesignating subparagraph (I) as subparagraph (J), and by inserting
after subparagraph (H) the following:
`(I) assisting State, local, or tribal governments,
where appropriate, to pre-identify and evaluate suitable sites where a
multi-jurisdictional unified command system can be quickly established
if the need for such a system arises; and'.
TITLE IV--STRENGTHENING AVIATION SECURITY
SEC. 401. INSTALLATION OF IN-LINE BAGGAGE SCREENING EQUIPMENT.
Not later than 30 days after the date of enactment of this
Act, the Secretary for Homeland Security shall submit to the
appropriate congressional committees the cost sharing study described
in section 4019(d) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (118 Stat. 3722), together with the Secretary's analysis of
the study, a list of provisions of the study the Secretary intends to
implement, and a plan and schedule for implementation of such listed
provisions.
SEC. 402. AVIATION SECURITY CAPITAL FUND.
(a) In General- Section 44923(h)(1) of title 49, United
States Code, is amended in the second sentence by striking `2007' and
inserting `2011'.
(b) Discretionary Grants- Section 44923(h)(3) of such title
is amended by striking `for a fiscal year, $125,000,000' and inserting
`, $125,000,000 for each of fiscal years 2004, 2005, and 2006 and such
sums as may be necessary for each of fiscal years 2007 through 2011'.
SEC. 403. AIRPORT CHECKPOINT SCREENING EXPLOSIVE DETECTION.
Section 44940 of title 49, United States Code, is amended--
(1) in subsection (d)(4) by inserting `, other than subsection (i),' before `except to'; and
(2) by adding at the end the following:
`(i) Checkpoint Screening Security Fund-
`(1) ESTABLISHMENT- There is established in the
Department of Homeland Security a fund to be known as the `Checkpoint
Screening Security Fund'.
`(2) DEPOSITS- In fiscal year 2008, after amounts are
made available under section 44923(h), the next $250,000,000 derived
from fees received under subsection (a)(1) shall be available to be
deposited in the Fund.
`(3) FEES- The Secretary of Homeland Security shall
impose the fee authorized by subsection (a)(1) so as to collect at
least $250,000,000 in fiscal year 2008 for deposit into the Fund.
`(4) AVAILABILITY OF AMOUNTS- Amounts in the Fund shall
be available until expended for the research, development, purchase,
deployment, and installation of equipment to improve the ability of
security screening personnel at screening checkpoints to detect
explosives.'.
SEC. 404. STRENGTHENING EXPLOSIVE DETECTION AT AIRPORT SCREENING CHECKPOINTS.
Not later than 7 days after the date of enactment of this
Act, the Assistant Secretary for Homeland Security (Transportation
Security Administration) shall submit to the appropriate congressional
committees the strategic plan described in the section amended by
section 4013(a) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (118 Stat. 3719).
SEC. 405. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is
amended by striking `and 2006' and inserting `2006, 2007, 2008, 2009,
2010, and 2011'.
SEC. 406. INSPECTION OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General- Section 44901 of title 49, United States Code, is amended--
(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
`(g) Air Cargo on Passenger Aircraft-
`(1) IN GENERAL- Not later than 3 years after the date
of enactment of the Implementing the 9/11 Commission Recommendations
Act of 2007, the Secretary of Homeland Security shall establish a
system to inspect 100 percent of cargo transported on passenger
aircraft operated by an air carrier or foreign air carrier in air
transportation or intrastate air transportation to ensure the security
of all such passenger aircraft carrying cargo.
`(2) MINIMUM STANDARDS- The system referred to in
paragraph (1) shall require, at a minimum, that equipment, technology,
procedures, and personnel are used to inspect cargo carried on
passenger aircraft to provide a level of security equivalent to the
level of security for the inspection of passenger checked baggage as
follows:
`(A) 35 percent of such cargo is so inspected by the end of fiscal year 2007.
`(B) 65 percent of such cargo is so inspected by the end of fiscal year 2008.
`(C) 100 percent of such cargo is so inspected by the end of fiscal year 2009.
`(A) INTERIM FINAL RULE- The Secretary of Homeland
Security may issue an interim final rule as a temporary regulation to
implement this subsection without regard to the provisions of chapter 5
of title 5.
`(i) IN GENERAL- If the Secretary issues an
interim final rule under subparagraph (A), the Secretary shall issue,
not later than one year after the effective date of the interim final
rule, a final rule as a permanent regulation to implement this
subsection in accordance with the provisions of chapter 5 of title 5.
`(ii) FAILURE TO ACT- If the Secretary does not
issue a final rule in accordance with clause (i) on or before the last
day of the 1-year period referred to in clause (i), the interim final
rule issued under subparagraph (A) shall not be effective after the
last day of such period.
`(iii) SUPERCEDING OF INTERIM FINAL RULE- The
final rule issued in accordance with this subparagraph shall supersede
the interim final rule issued under subparagraph (A).
`(4) REPORT- Not later than 1 year after the date of
establishment of the system under paragraph (1), the Secretary shall
transmit to Congress a report that describes the system.'.
(b) Assessment of Exemptions-
(1) TSA ASSESSMENT OF EXEMPTIONS-
(A) IN GENERAL- Not later than 120 days after the
date of enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate committees of Congress and to the Comptroller
General a report regarding an assessment of each exemption granted for
inspection of air cargo and an analysis to assess the risk of
maintaining such exemption.
(B) CONTENTS- The report referred to in subparagraph (A) shall include--
(i) the rationale for each exemption;
(ii) what percentage of cargo is not screened as a result of each exemption;
(iii) the impact of each exemption on aviation security;
(iv) the projected impact on the flow of
commerce of eliminating each exemption, respectively, should the
Secretary choose to take such action; and
(v) plans and rationale for maintaining, changing, or eliminating each exemption.
(2) GAO ASSESSMENT- Not later than 120 days after the
date on which the report under paragraph (1) is submitted, the
Comptroller General shall review the report and provide to Congress an
assessment of the methodology of determinations made by the Secretary
for maintaining, changing, or eliminating an exemption.
SEC. 407. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.
(a) In General- Subtitle C of title IV of the Homeland
Security Act of 2002 (6 U.S.C. 231 et. seq.) is amended by adding at
the end the following:
`SEC. 432. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.
`(a) In General- The Secretary shall establish a timely and
fair process for individuals who believe they have been delayed or
prohibited from boarding a commercial aircraft because they were
wrongly identified as a threat under the regimes utilized by the
Transportation Security Administration, the Bureau of Customs and
Border Protection, or any other Department entity.
`(b) Office of Appeals and Redress-
`(1) ESTABLISHMENT- The Secretary shall establish an
Office of Appeals and Redress to oversee the process established by the
Secretary pursuant to subsection (a).
`(2) RECORDS- The process established by the Secretary
pursuant to subsection (a) shall include the establishment of a method
by which the Office of Appeals and Redress, under the direction of the
Secretary, will be able to maintain a record of air carrier passengers
and other individuals who have been misidentified and have corrected
erroneous information.
`(3) INFORMATION- To prevent repeated delays of a
misidentified passenger or other individual, the Office of Appeals and
Redress shall--
`(A) ensure that the records maintained under this
subsection contain information determined by the Secretary to
authenticate the identity of such a passenger or individual; and
`(B) furnish to the Transportation Security
Administration, the Bureau of Customs and Border Protection, or any
other appropriate Department entity, upon request, such information as
may be necessary to allow such agencies to assist air carriers in
improving their administration of the advanced passenger prescreening
system and reduce the number of false positives.
`(4) INITIATION OF APPEAL AND REDRESS PROCESS AT
AIRPORTS- The Office of Appeals and Redress shall establish at each
airport at which the Department has a significant presence a process to
allow air carrier passengers to begin the appeals process established
pursuant to subsection (a) at the airport.'.
(b) Clerical Amendment- The table of contents in section
1(b) of such Act is amended by inserting after the item relating to
section 430 the following:
`Sec. 432. Appeal and redress process for passengers wrongly delayed or prohibited from boarding a flight.'.
SEC. 408. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT.
(a) Elimination of Certain Personnel Management Authorities- Effective 90 days after the date of the enactment of this Act--
(1) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is repealed and any authority of
the Secretary of Homeland Security derived from such section 111(d)
shall terminate;
(2) any personnel management system, to the extent
established or modified pursuant to such section 111(d) (including by
the Secretary through the exercise of any authority derived from such
section 111(d)) shall terminate; and
(3) the Secretary shall ensure that all TSA employees
are subject to the same personnel management system as described in
subsection (e)(1) or (e)(2).
(b) Establishment of Certain Uniformity Requirements-
(1) SYSTEM UNDER SUBSECTION (e)(1)- The Secretary
shall, with respect to any personnel management system described in
subsection (e)(1), take any measures which may be necessary to provide
for the uniform treatment of all TSA employees under such system.
(2) SYSTEM UNDER SUBSECTION (e)(1)- Section 9701(b) of title 5, United States Code, is amended--
(A) by striking `and' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and inserting `; and'; and
(C) by adding at the end the following new paragraph:
`(6) provide for the uniform treatment of all TSA
employees (as defined in section 408(d) of the Implementing the 9/11
Commission Recommendations Act of 2007).'.
(A) PROVISIONS RELATING TO A SYSTEM UNDER
SUBSECTION (e)(1)- Any measures necessary to carry out paragraph (1)
shall take effect 90 days after the date of the enactment of this Act.
(B) PROVISIONS RELATING TO A SYSTEM UNDER
SUBSECTION (e)(2)- Any measures necessary to carry out the amendments
made by paragraph (2) shall take effect 90 days after the date of the
enactment of this Act or, if later, the commencement date of the system
involved.
(1) REPORT REQUIRED- Not later than 6 months after the
date of the enactment of this Act, the Government Accountability Office
shall submit to the Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate a report on--
(A) the pay system that applies with respect to TSA employees as of the date of the enactment of this Act; and
(B) any changes to such system which would be made
under any regulations which have been prescribed under chapter 97 of
title 5, United States Code.
(2) MATTERS FOR INCLUSION- The report required under paragraph (1) shall include--
(A) a brief description of each pay system described in paragraphs (1)(A) and (1)(B), respectively;
(B) a comparison of the relative advantages and disadvantages of each of those pay systems; and
(C) such other matters as the Government Accountability Office considers appropriate.
(d) TSA Employee Defined- In this section, the term `TSA employee' means an individual who holds--
(1) any position which was transferred (or the
incumbent of which was transferred) from the Transportation Security
Administration of the Department of Transportation to the Department of
Homeland Security by section 403 of the Homeland Security Act of 2002
(6 U.S.C. 203); or
(2) any other position within the Department of
Homeland Security the duties and responsibilities of which include
carrying out one or more of the functions that were transferred from
the Transportation Security Administration of the Department of
Transportation to the Secretary by such section.
(e) Personnel Management System Described- A personnel management system described in this subsection is--
(1) any personnel management system, to the extent that
it applies with respect to any TSA employees by virtue of section
114(n) of title 49, United States Code; and
(2) any human resources management system, established under chapter 97 of title 5, United States Code.
SEC. 409. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER PRESCREENING SYSTEM.
Not later than 90 days after the date of the enactment of
the Act, the Secretary of Homeland Security shall submit to Congress a
plan that--
(1) describes the system to be utilized for the
Department of Homeland Security to assume the performance of comparing
passenger information, as defined by the Assistant Secretary of
Homeland Security (Transportation Security Administration), to the
automatic selectee and no fly lists, utilizing appropriate records in
the consolidated and integrated terrorist watchlist maintained by the
Federal Government;
(2) provides a projected timeline for each phase of testing and implementation of the system;
(3) explains how the system will be integrated with the prescreening system for passenger on international flights; and
(4) describes how the system complies with section 552a of title 5, United States Code.
TITLE V--STRENGTHENING THE SECURITY OF CARGO CONTAINERS
SEC. 501. REQUIREMENTS RELATING TO ENTRY OF CONTAINERS INTO THE UNITED STATES.
(a) Requirements- Section 70116 of title 46, United States Code, is amended by adding at the end the following new subsection:
`(c) Requirements Relating to Entry of Containers-
`(1) IN GENERAL- A container may enter the United States, either directly or via a foreign port, only if--
`(A) the container is scanned with equipment that
meets the standards established pursuant to paragraph (2)(A) and a copy
of the scan is provided to the Secretary; and
`(B) the container is secured with a seal that
meets the standards established pursuant to paragraph (2)(B), before
the container is loaded on the vessel for shipment to the United States.
`(2) STANDARDS FOR SCANNING EQUIPMENT AND SEALS-
`(A) SCANNING EQUIPMENT- The Secretary shall
establish standards for scanning equipment required to be used under
paragraph (1)(A) to ensure that such equipment uses the best-available
technology, including technology to scan a container for radiation and
density and, if appropriate, for atomic elements.
`(B) SEALS- The Secretary shall establish standards
for seals required to be used under paragraph (1)(B) to ensure that
such seals use the best-available technology, including technology to
detect any breach into a container and identify the time of such breach.
`(C) REVIEW AND REVISION- The Secretary shall--
`(i) review and, if necessary, revise the
standards established pursuant to subparagraphs (A) and (B) not less
than once every two years; and
`(ii) ensure that any such revised standards require the use of technology, as soon as such technology becomes available, to--
`(I) identify the place of a breach into a container;
`(II) notify the Secretary of such breach before the container enters the Exclusive Economic Zone of the United States; and
`(III) track the time and location of the container during transit to the United States, including by truck, rail, or vessel.
`(D) DEFINITION- In subparagraph (C), the term
`Exclusive Economic Zone of the United States' has the meaning given
the term `Exclusive Economic Zone' in section 2101(10a) of this title.'.
(b) Authorization of Appropriations- There are authorized
to be appropriated to carry out section 70116(c) of title 46, United
States Code, as added by subsection (a) of this section, such sums as
may be necessary for each of the fiscal years 2008 through 2013.
(c) Regulations; Application-
(A) INTERIM FINAL RULE- Consistent with the results
of and lessons derived from the pilot system implemented under section
231 of the SAFE Port Act (Public Law 109-347), the Secretary of
Homeland Security shall issue an interim final rule as a temporary
regulation to implement section 70116(c) of title 46, United States
Code, as added by subsection (a) of this section, not later than 180
days after the date of the submission of the report under section 231
of the SAFE Port Act, without regard to the provisions of chapter 5 of
title 5, United States Code.
(B) FINAL RULE- The Secretary shall issue a final
rule as a permanent regulation to implement section 70116(c) of title
46, United States Code, as added by subsection (a) of this section, not
later than one year after the date of the submission of the report
under section 231 of the SAFE Port Act, in accordance with the
provisions of chapter 5 of title 5, United States Code. The final rule
issued pursuant to that rulemaking may supersede the interim final rule
issued pursuant to subparagraph (A).
(2) PHASED-IN APPLICATION-
(A) IN GENERAL- The requirements of section
70116(c) of title 46, United States Code, as added by subsection (a) of
this section, apply with respect to any container entering the United
States, either directly or via a foreign port, beginning on--
(i) the end of the 3-year period beginning on
the date of the enactment of this Act, in the case of a container
loaded on a vessel destined for the United States in a country in which
more than 75,000 twenty-foot equivalent units of containers were loaded
on vessels for shipping to the United States in 2005; and
(ii) the end of the 5-year period beginning on
the date of the enactment of this Act, in the case of a container
loaded on a vessel destined for the United States in any other country.
(B) EXTENSION- The Secretary may extend by up to
one year the period under clause (i) or (ii) of subparagraph (A) for
containers loaded in a port, if the Secretary--
(i) finds that the scanning equipment required
under section 70116(c) of title 46, United States Code, as added by
subsection (a) of this section, is not available for purchase and
installation in the port; and
(ii) at least 60 days prior to issuing such extension, transmits such finding to the appropriate congressional committees.
(d) International Cargo Security Standards- The Secretary,
in consultation with the Secretary of State, is encouraged to promote
and establish international standards for the security of containers
moving through the international supply chain with foreign governments
and international organizations, including the International Maritime
Organization and the World Customs Organization.
(e) International Trade and Other Obligations- In carrying
out section 70116(c) of title 46, United States Code, as added by
subsection (a) of this section, the Secretary shall consult with
appropriate Federal departments and agencies and private sector
stakeholders to ensure that actions under such section do not violate
international trade obligations or other international obligations of
the United States.
TITLE VI--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Human Smuggling and Trafficking Center Improvements
SEC. 601. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND TRAFFICKING CENTER.
(a) In General- The Secretary, acting through the Assistant
Secretary of Homeland Security for United States Immigration and
Customs Enforcement, shall provide to the Human Smuggling and
Trafficking Center (in this section referred to as the `Center') the
administrative support and funding required for its maintenance,
including funding for personnel, leasing of office space, supplies,
equipment, technology, training, and travel expenses necessary for the
Center to carry out its mission.
(b) Staffing of the Center-
(1) IN GENERAL- Funding provided under subsection (a)
shall be used for the hiring of for not fewer than 30 full-time
equivalent staff for the Center, to include the following:
(B) One Deputy Director for Smuggling.
(C) One Deputy Director for Trafficking.
(D) One Deputy Director for Terrorist Travel.
(E) Not fewer than 15 intelligence analysts or Special Agents, to include the following:
(i) Not fewer than ten such analysts or Agents
shall be intelligence analysts or law enforcement agents who shall be
detailed from entities within the Department of Homeland Security with
human smuggling and trafficking related responsibilities, as determined
by the Secretary.
(ii) Not fewer than one full time professional
staff detailee from each of the United States Coast Guard, United
States Immigration and Customs Enforcement, United States Customs and
Border Protection, Transportation Security Administration, and the
Office of Intelligence and Analysis.
(2) REQUIREMENTS- Intelligence analysts or Special
Agents detailed to the Center under paragraph (1)(E) shall have at
least three years experience related to human smuggling or human
trafficking.
(3) DURATION OF ASSIGNMENT- An intelligence analyst or
Special Agent detailed to the Center under paragraph (1)(E) shall be
detailed for a period of not less than two years.
(c) Funding Reimbursement- In operating the Center, the
Secretary of Homeland Security shall act in accordance with all
applicable requirements of the Economy Act (31 U.S.C. 1535), and shall
seek reimbursement from the Attorney General and the Secretary of
State, in such amount or proportion as is appropriate, for costs
associated with the participation of the Department of Justice and the
Department of State in the operation of the Center.
(d) Development of Plan- The Secretary of Homeland Security shall develop a plan for the Center that--
(1) defines the roles and responsibilities of each Department participating in the Center;
(2) describes how the Department of Homeland Security
shall utilize its resources to ensure that the Center uses intelligence
to focus and drive its efforts;
(3) describes the mechanism for the sharing of
information from United States Immigration and Customs Enforcement and
United States Customs and Border Protection field offices to the Center;
(4) describes the mechanism for the sharing of homeland
security information from the Center to the Office of Intelligence and
Analysis, including how such sharing shall be consistent with section
1016(b) of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458);
(5) establishes reciprocal security clearance status to
other participating agencies in the Center in order to ensure full
access to necessary databases;
(6) establishes or consolidates networked systems for the Center; and
(7) ensures that the assignment of personnel to the
Center from agencies of the Department of Homeland Security is
incorporated into the civil service career path of such personnel.
(e) Memorandum of Understanding- The Secretary of Homeland
Security shall execute with the Attorney General a Memorandum of
Understanding in order to clarify cooperation and coordination between
United States Immigration and Customs Enforcement and the Federal
Bureau of Investigation regarding issues related to human smuggling,
human trafficking, and terrorist travel.
(f) Coordination With the Office of Intelligence and
Analysis- The Office of Intelligence and Analysis, in coordination with
the Center, shall submit to Federal, State, local, and tribal law
enforcement and other relevant agencies periodic reports regarding
terrorist threats related to human smuggling, human trafficking, and
terrorist travel.
Subtitle B--International Collaboration to Prevent Terrorist Travel
SEC. 611. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE
BORDER SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE
TERRORIST INFORMATION.
(a) Report Required- Not later than 270 days after the date
of the enactment of this Act, the Secretary of State and the Secretary
of Homeland Security, in conjunction with the Director of National
Intelligence and the heads of other appropriate Federal departments and
agencies, shall submit to the appropriate congressional committees a
report on efforts of the Government of the United States to collaborate
with international partners and allies of the United States to increase
border security, enhance global document security, and exchange
terrorist information.
(b) Contents- The report required by subsection (a) shall outline--
(1) all presidential directives, programs, and
strategies for carrying out and increasing United States Government
efforts described in subsection (a);
(2) the goals and objectives of each of these efforts;
(3) the progress made in each of these efforts; and
(4) the projected timelines for each of these efforts to become fully functional and effective.
(c) Definition- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Foreign Affairs, the Committee on
Homeland Security, the Committee on the Judiciary, and the Permanent
Select Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Homeland Security and Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of the Senate.
Subtitle C--Biometric Border Entry and Exit System
SEC. 621. SUBMITTAL OF PLAN ON BIOMETRIC ENTRY AND EXIT VERIFICATION SYSTEM IMPLEMENTATION.
Not later than 7 days after the date of the enactment of
this Act, the Secretary for Homeland Security shall submit to the
Committee on Homeland Security and the Committee on the Judiciary and
the Committee on Homeland Security and Governmental Affairs and the
Committee on the Judiciary of the Senate the plan developed by the
Secretary under section 7208(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1365b(c)(2)) to accelerate
the full implementation of an automated biometric entry and exit data
system.
TITLE VII--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITH LOCAL LAW ENFORCEMENT AND FIRST RESPONDERS
Subtitle A--Fusion and Law Enforcement Education and Teaming (FLEET) Grant Program
SEC. 701. FINDINGS.
Congress finds the following:
(1) The intelligence component of a State, local, or
regional fusion center (in this title referred to generally as `fusion
centers') focuses on the intelligence process, in which information is
collected, integrated, evaluated, analyzed, and disseminated. The
Federal Government and nontraditional sources of intelligence
information--such as public safety entities at the State, local, and
tribal levels, and private sector organizations--all possess valuable
information that when `fused' with law enforcement data and properly
analyzed at fusion centers can provide law enforcement officers with
specific and actionable intelligence about terrorist and related
criminal activity.
(2) Participation by local and tribal law enforcement
officers and intelligence analysts in fusion centers helps secure the
homeland by involving such officers and analysts in the intelligence
process on a daily basis, by helping them build professional
relationships across every level and discipline of government and the
private sector, and by ensuring that intelligence and other
information, including threat assessment, public safety, law
enforcement, public health, social service, and public works, is shared
throughout and among relevant communities. Such local and tribal
participation in fusion centers supports the efforts of all law
enforcement agencies and departments to anticipate, identify, monitor,
and prevent terrorist and related criminal activity.
(3) Some local and tribal law enforcement agencies and
departments, however, lack resources to participate fully in fusion
centers.
(4) Needs-based grant funding will maximize the
participation of local and tribal law enforcement agencies and
departments in fusion centers by reducing the costs associated with
detailing officers and intelligence analysts to fusion centers.
Consequently, such grant funding will not only promote the development
of more effective, resourceful, and situationally aware fusion centers,
but will also advance the cause of homeland security.
SEC. 702. FLEET GRANT PROGRAM.
(a) In General- Subtitle A of title II of the Homeland
Security Act of 2002 is further amended by adding at the end the
following new section:
`SEC. 203. FLEET GRANT PROGRAM.
`(a) Implementation Plan and Establishment-
`(1) IMPLEMENTATION PLAN- Not later than 90 days after
the date of the enactment of the Implementing the 9/11 Commission
Recommendations Act of 2007, the Secretary shall develop a Fusion and
Law Enforcement Education and Teaming Grant Program (in this section
referred to as the `FLEET Grant program') implementation plan and
submit to the appropriate congressional committees a copy of such plan.
In developing such plan, the Secretary shall consult with the Attorney
General, the Bureau of Justice Assistance, and the Office of Community
Oriented Policing of the Department of Justice and shall encourage the
participation of fusion centers and local and tribal law enforcement
agencies and departments in the development of such plan. Such plan
shall include--
`(A) a clear articulation of the purposes, goals, and specific objectives for which the program is being developed;
`(B) an identification of program stakeholders and an assessment of their interests in and expectations for the program;
`(C) a developed set of quantitative metrics to measure, to the extent possible, program output; and
`(D) a developed set of qualitative instruments
(e.g., surveys and expert interviews) to assess the extent to which
stakeholders believe their needs and expectations are being met by the
program.
`(2) ESTABLISHMENT- Not later than 180 days after the
enactment of the Implementing the 9/11 Commission Recommendations Act
of 2007, the Secretary shall implement and carry out a FLEET Grant
program under which the Secretary, in consultation with the Attorney
General, shall make grants to local and tribal law enforcement agencies
and departments specified by the Secretary, in consultation with the
Attorney General, for the purposes described in subsection (b). Subject
to subsection (g), each such grant shall be made for a two-year period.
`(b) Use of Grant Amounts-
`(1) IN GENERAL- A grant made to a local or tribal law
enforcement agency or department under subsection (a) shall be used to
enable such agency or department to detail eligible law enforcement
personnel to participate in a fusion center that serves the geographic
area in which such agency or department is located, and may be used for
the following purposes:
`(A) To hire new personnel, or to pay existing
personnel, to perform the duties of eligible law enforcement personnel
who are detailed to a fusion center during the absence of such detailed
personnel.
`(B) To provide appropriate training, as determined
and required by the Secretary, in consultation with the Attorney
General, for eligible law enforcement personnel who are detailed to a
fusion center.
`(C) To establish communications connectivity
between eligible law enforcement personnel who are detailed to a fusion
center and the home agency or department of such personnel in
accordance with all applicable laws and regulations.
`(2) MANDATORY PRIVACY AND CIVIL LIBERTIES TRAINING-
All eligible law enforcement personnel detailed to a fusion center
under the FLEET Grant Program shall undergo appropriate privacy and
civil liberties training that is developed, supported, or sponsored by
the Privacy Officer and the Officer for Civil Rights and Civil
Liberties in partnership with the Privacy and Civil Liberties Oversight
Board.
`(3) LIMITATION- A local or tribal law enforcement
agency or department participating in the FLEET Grant program shall
continue to provide a salary and benefits to any eligible law
enforcement personnel detailed to a fusion center, in the same amounts
and under the same conditions that such agency or department provides a
salary and benefits to such personnel when not detailed to a fusion
center. None of the funds provided by the FLEET grant program may be
used to carry out this paragraph.
`(4) ELIGIBLE LAW ENFORCEMENT PERSONNEL DEFINED- For
purposes of this section, the term `eligible law enforcement personnel'
means any local or tribal law enforcement officer or intelligence
analyst who meets each eligibility requirement specified by the
Secretary. Such eligibility requirements shall include a requirement
that the officer or analyst has at least two years of experience as a
law enforcement officer or intelligence analyst with the local or
tribal law enforcement agency or department selected to participate in
the FLEET Grant program.
`(1) IN GENERAL- No grant may be made under subsection
(a) unless an application for such grant has been submitted to, and
approved by, the Secretary, in consultation with the Attorney General.
Such an application shall be submitted in such form, manner, and time,
and shall contain such information, as the Secretary, in consultation
with the Attorney General, may prescribe by regulation or guidelines.
`(2) JOINT APPLICATIONS- A local or tribal law
enforcement agency or department may file a joint grant application to
detail eligible law enforcement personnel to a fusion center. Such
application shall be--
`(A) for a single detailed officer or intelligence
analyst, who shall be detailed to work at a fusion center on a
full-time basis; or
`(B) in the case of participating local and tribal
law enforcement agencies or departments for which a detail arrangement
described in subparagraph (A) is likely to result in hardship due to a
staffing shortage (as determined by the Secretary, in consultation with
the Attorney General), for several eligible law enforcement personnel
from multiple local or tribal law enforcement agencies or departments
in the same geographic area, who shall be detailed to a fusion center,
each on a part-time basis, as part of a shared detail arrangement, as
long as--
`(i) any hours worked by a detailed officer or
analyst at a fusion center in a shared detail arrangement shall be
counted toward the hourly shift obligations of such officer or analyst
at his or her local or tribal law enforcement agency or department; and
`(ii) no detailed officer or analyst working at
a fusion center in a shared detail arrangement shall be required to
regularly work more hours than the officer or analyst would otherwise
work if the officer or analyst was not participating in the shared
detail arrangement.
`(d) Distribution of Grants- In considering applications
for grants under subsection (a), the Secretary, in consultation with
the Attorney General, shall ensure that, to the extent practicable--
`(1) entities that receive such grants are
representative of a broad cross-section of local and tribal law
enforcement agencies and departments;
`(2) an appropriate geographic distribution of grants is made among urban, suburban, and rural communities; and
`(3) such grants are awarded based on consideration of any assessments of risk by the Department of Homeland Security.
`(e) Priority- The Secretary, in consultation with the
Attorney General, shall issue regulations regarding the use of a
sliding scale based on financial need to ensure that a local or tribal
law enforcement agency or department that is eligible to receive a
grant under subsection (a) and that demonstrates to the satisfaction of
the Secretary, in consultation with the Attorney General, that it is in
financial need (as determined by the Secretary, in consultation with
the Attorney General) receives priority in receiving funds under this
section.
`(1) IN GENERAL- Subject to paragraph (2), the portion
of the costs of a program, project, or activity funded by a grant made
to an entity under subsection (a) may not exceed 80 percent.
`(2) EXCEPTION- The Secretary, in consultation with the
Attorney General, may waive, wholly or in part, the requirement under
paragraph (1) of a non-Federal contribution to the costs of a program,
project, or activity if the entity receiving the grant for such
program, project, or activity can demonstrate to the satisfaction of
the Secretary, in consultation with the Attorney General, that it would
be a hardship for such entity to satisfy such requirement.
`(g) Renewal of Grants- A grant made to a local or tribal
law enforcement agency or department under subsection (a) may be
renewed on an annual basis for an additional year after the first
two-year period during which the entity receives its initial grant, if--
`(1) the entity can demonstrate to the satisfaction of
the Secretary, in consultation with the Attorney General, significant
progress in achieving the objectives of the application for the initial
grant involved; and
`(2) such renewal would not prevent another local or
tribal law enforcement agency or department that has applied for a
grant under subsection (a), has not previously received such a grant,
and that would otherwise qualify for such a grant, from receiving such
a grant, as determined by the Secretary, in consultation with the
Attorney General.
`(h) Revocation or Suspension of Funding- If the Secretary,
in consultation with the Attorney General, determines that a grant
recipient under this section is not in substantial compliance with the
terms and requirements of an approved grant application submitted under
subsection (c), the Secretary, in consultation with the Attorney
General, may revoke or suspend funding of that grant, in whole or in
part. In the case of a revocation or suspension of funds under this
subsection based on a determination of fraud, waste, or abuse, with
respect to a grant recipient, such grant recipient shall be required to
refund the grant funds received under subsection (a) that are related
to such fraud, waste, or abuse, respectively.
`(1) REPORTS TO SECRETARY- Each local or tribal law
enforcement agency or department that receives a grant under subsection
(a) shall submit to the Secretary and the Attorney General a report for
each year such agency or department is a recipient of such grant. Each
such report shall include a description and evaluation of each program,
project, or activity funded by such grant.
`(2) REPORT TO CONGRESS- One year after the date of the
implementation of the FLEET grant program, and biannually thereafter,
the Secretary, in consultation with the Attorney General, shall submit
to the appropriate congressional committees a report describing the
implementation and progress of the FLEET Grant Program. Each such
report shall include the following:
`(A) A list of the local and tribal law enforcement agencies and departments receiving grants.
`(B) Information on the grant amounts awarded to each such agency or department.
`(C) Information on the programs, projects, and activities for which the grant funds are used.
`(D) An evaluation of the effectiveness of the
FLEET Grant program with respect to the cause of advancing homeland
security, including--
`(i) concrete examples of enhanced information
sharing and a description of any preventative law enforcement actions
taken based on such information sharing;
`(ii) an evaluation of the effectiveness of the detail arrangements with FLEET Grant program grant recipients;
`(iii) an evaluation of how the FLEET Grant program benefits the fusion centers;
`(iv) a description of how individual law
enforcement officers and intelligence analysts detailed to the fusion
centers benefit from the detail experience; and
`(v) an evaluation of how the detail of the law
enforcement officers and intelligence analysts assists the fusion
centers in learning more about criminal or terrorist organizations
operating within their areas of operation, including a description of
any homeland security information requirements that were developed, or
any homeland security information gaps that were filled, as a result of
the detail arrangement.
`(E) An analysis of any areas of need, with respect
to the advancement of homeland security, that could be addressed
through additional funding or other legislative action.
`(j) Customer Satisfaction Surveys- The Secretary, in
consultation with the Attorney General, shall create a mechanism for
State, local, and tribal law enforcement officers and intelligence
analysts who participate in the FLEET Grant program to fill out an
electronic customer satisfaction survey, on an appropriate periodic
basis, to assess the effectiveness of the FLEET Grant program with
respect to improving information sharing. The results of these
voluntary surveys shall be provided electronically to appropriate
personnel at the Office of Grants and Training of the Department and at
the Bureau of Justice Assistance and the Office of Community Oriented
Policing of the Department of Justice. The results of these customer
satisfaction surveys shall also be included in an appropriate format in
the reports described in subsection (i).
`(k) Continuation Assessment- Five years after the date of
the implementation of the FLEET Grant program, the Secretary, in
consultation with the Attorney General, shall submit to the appropriate
congressional committees a FLEET Grant program continuation assessment.
Such continuation assessment shall--
`(1) recommend whether Congress should continue to
authorize and fund the FLEET Grant program (as authorized under this
section or with proposed changes), and provide the reasoning for such
recommendation; and
`(2) if the Secretary recommends the continuation of the FLEET Grant program--
`(A) recommend any changes to the program which the
Secretary, in consultation with the Attorney General, has identified as
necessary to improve the program, and the reasons for any such changes;
`(B) list and describe legislative priorities for Congress relating to the continuation of the program; and
`(C) provide recommendations for the amounts of
funding that should be appropriated for the continuation of the program
in future fiscal years, including justifications for such amounts.
`(l) General Regulatory Authority- The Secretary, in
consultation with the Attorney General, may promulgate regulations and
guidelines to carry out this section.
`(m) Definitions- For the purposes of this section:
`(1) The term `local law enforcement agency or
department' means a local municipal police department or a county
sheriff's office in communities where there is no police department.
`(2) The term `tribal law enforcement agency or
department' means the police force of an Indian tribe (as such term is
defined in section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b)) established and maintained by such a
tribe pursuant to the tribe's powers of self-government to carry out
law enforcement.'.
(b) Definition of Fusion Center- Section 2 of such Act is amended by adding at the end the following new paragraph:
`(17) The terms `State, local, or regional fusion
center' and `fusion center' mean a State intelligence center or a
regional intelligence center that is the product of a collaborative
effort of at least two qualifying agencies that provide resources,
expertise, or information to such center with the goal of maximizing
the ability of such intelligence center and the qualifying agencies
participating in such intelligence center to provide and produce
homeland security information required to detect, prevent, apprehend,
and respond to terrorist and criminal activity. For purposes of the
preceding sentence, qualifying agencies include--
`(A) State, local, and tribal law enforcement authorities, and homeland and public safety agencies;
`(B) State, local, and tribal entities responsible for the protection of public health and infrastructure;
`(C) private sector owners of critical
infrastructure, as defined in section 1016(e) of the Uniting and
Strengthening America by Providing Appropriate Tools Required to
Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42
U.S.C. 5195c(e));
`(D) Federal law enforcement and homeland security entities; and
`(E) other appropriate entities specified by the Secretary.'.
(c) Clerical Amendment- The table of contents in section
1(b) of such Act is amended by inserting after the item relating to
section 202 the following:
`Sec. 203. FLEET Grant Program.'.
Subtitle B--Border Intelligence Fusion Center Program
SEC. 711. FINDINGS.
Congress finds the following:
(1) The United States has 216 airports, 143 seaports,
and 115 official land border crossings that are official ports of
entry. Screening all the people and goods coming through these busy
ports is an enormous resource challenge for the men and women of the
Department of Homeland Security (`Department') .
(2) Department personnel, including personnel from the
Bureau of Customs and Border Protection (`CBP') and U.S. Immigration
and Customs Enforcement (`ICE'), cannot be everywhere at all times to
ensure that terrorists, weapons of mass destruction, and other related
contraband are not being smuggled across the border in order to support
attacks against the United States.
(3) State, local, and tribal law enforcement personnel
are uniquely situated to help secure the border areas in their
respective jurisdictions by serving as `force multipliers'. To do so,
however, law enforcement officers need access to available border
intelligence developed by the Department. Such access shall help State,
local, and tribal law enforcement personnel deploy their resources most
effectively to detect and interdict terrorists, weapons of mass
destruction, and related contraband at United States borders.
(4) The Department has not yet developed a single,
easily accessible, and widely available system to consistently share
border intelligence and other information with its State, local, and
tribal law enforcement partners. It likewise has failed to establish a
process by which State, local, and tribal law enforcement personnel can
consistently share with the Department information that they obtain
that is relevant to border security.
(5) As a result, State, local, and tribal law
enforcement personnel serving jurisdictions along the northern and
southern borders typically depend upon personal relationships with CBP
and ICE personnel in their respective jurisdictions to get the
information they need. While personal relationships have helped in some
locales, they have not in others. This has led to an inconsistent
sharing of border intelligence from jurisdiction to jurisdiction.
(6) State, local, and regional fusion centers (`fusion centers') may help improve this situation.
(7) In the wake of the terrorist attacks of September
11, 2001, numerous State, local, and tribal authorities responsible for
the protection of the public and critical infrastructure established
fusion centers to help prevent terrorist attacks while at the same time
preparing to respond to and recover from a terrorist attack should one
occur.
(8) Most border States have some variation of a fusion center.
(9) In general, while the Federal Government has helped
to establish fusion centers through the Department's grants, a
substantial percentage of the financial burden to support ongoing
fusion center operations is borne by States and localities.
(10) The Department, and in particular, the
Department's Office of Intelligence and Analysis, has undertaken a
program through which it sends such office's personnel to fusion
centers to establish a Department presence at those centers. In so
doing, the hope is that such personnel will serve as a point of contact
for information being shared at fusion centers by State, local, and
tribal law enforcement personnel. Personnel at fusion centers hopefully
will also act as a channel for information being shared by the
Department itself.
(11) Border State, local, and tribal law enforcement
officers anticipate that fusion centers will be a critical source of
border intelligence from the Department. While the Department's border
intelligence products generated in the District of Columbia and
disseminated to fusion centers will undoubtedly be helpful, a far
richer source of border intelligence will likely come from CBP and ICE
personnel working locally in border jurisdictions themselves.
(12) Establishing a CBP and ICE presence at border
State fusion centers will help ensure the most consistent, timely, and
relevant flow of border intelligence to and from the Department and
State, local, and tribal law enforcement in border communities. Border
State fusion centers thus could serve as a tool to build upon the
personal relationships and information sharing that exists in some, but
not all, jurisdictions between CBP, ICE, and State, local, and tribal
law enforcement.
SEC. 712. ESTABLISHMENT OF BORDER INTELLIGENCE FUSION CENTER PROGRAM.
(a) In General- Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended by
adding at the end the following new section:
`SEC. 204. BORDER INTELLIGENCE FUSION CENTER PROGRAM.
`(1) IN GENERAL- There is established in the Department
the Border Intelligence Fusion Center Program, to be administered by
the Under Secretary for Intelligence and Analysis, for the purpose of
stationing Bureau of Customs and Border Protection and U.S. Immigration
and Customs Enforcement officers or intelligence analysts in the fusion
centers of participating border States.
`(2) NEW HIRES- Funding provided under the Border
Intelligence Fusion Center Program shall be available to hire new CBP
and ICE officers or intelligence analysts to replace CBP and ICE
officers or intelligence analysts who are stationed at border State
fusion centers under this section.
`(1) IN GENERAL- The Secretary may develop qualifying
criteria for a border state fusion center's participation in the Border
Intelligence Fusion Center Program.
`(2) CRITERIA- Such criteria may include the following:
`(A) Whether the center focuses on a broad
counterterrorism and counter-criminal approach, and whether that broad
approach is pervasive through all levels of the organization.
`(B) Whether the center has sufficient numbers of
adequately trained personnel to support a broad counterterrorism and
counter-criminal mission.
`(C) Whether the center has access to relevant law
enforcement, private sector, open source, and national security data,
as well as the ability to share and analytically exploit such data for
actionable ends in accordance with all applicable laws and regulations.
`(D) The entity or entities providing financial support for the center's funding.
`(E) Whether the center's leadership is committed
to the fusion center's mission, and how the leadership sees the
center's role in terrorism prevention, mitigation, response, and
recovery.
`(c) Assignment- Wherever possible, not fewer than one CBP
officer or intelligence analyst and one ICE officer or intelligence
analyst shall be stationed at each participating border State fusion
center.
`(1) PRIOR WORK EXPERIENCE IN AREA- To be stationed at
a border State fusion center under this section, a CBP or ICE officer
shall have served as a CBP or ICE officer in the State in which the
fusion center where such officer shall be stationed is located for not
less than two years before such assignment in order to ensure that such
officer is familiar with the geography and people living in border
communities, as well as the State, local, and tribal law enforcement
agencies serving those communities.
`(2) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL
LIBERTIES TRAINING- Before being stationed at a border State fusion
center under this section, a CBP or ICE officer shall undergo--
`(A) appropriate intelligence analysis training via
an intelligence-led policing curriculum that is consistent with the
standards and recommendations of the National Criminal Intelligence
Sharing Plan, the Department of Justice and Department Fusion Center
Guidelines, title 28, part 23, Code of Federal Regulations, as well as
any other training prescribed by the Under Secretary for Intelligence
and Analysis; and
`(B) appropriate privacy and civil liberties
training that is developed, supported, or sponsored by the Privacy
Officer and the Officer for Civil Rights and Civil Liberties in
partnership with the Privacy and Civil Liberties Oversight Board.
`(3) EXPEDITED SECURITY CLEARANCE PROCESSING- The Under
Secretary for Intelligence and Analysis shall ensure that security
clearance processing is expedited for each CBP and ICE officer or
intelligence analyst stationed at border State fusion centers under
this section and shall ensure that such officer or analyst has the
appropriate clearance to conduct the work of the Border Intelligence
Fusion Center Program.
`(4) FURTHER QUALIFICATIONS- Each CBP and ICE officer
or intelligence analyst stationed at a border State fusion center under
this section shall satisfy any other qualifications the Under Secretary
for Intelligence and Analysis may prescribe.
`(A) CREATION AND DISSEMINATION OF BORDER
INTELLIGENCE PRODUCTS- CBP and ICE officers and intelligence analysts
assigned to border State fusion centers under this section will help
State, local, and tribal law enforcement in jurisdictions along the
northern and southern borders, and border State fusion center staff,
overlay threat and suspicious activity with Federal homeland security
information in order to develop a more comprehensive and accurate
threat picture. Such CBP and ICE officers and intelligence analysts
accordingly shall have as their primary mission the review of border
security-relevant information from State, local, and tribal law
enforcement sources, and the creation of border intelligence products
derived from such information and other border-security relevant
information provided by the Department, and the dissemination of such
products to border State, local, and tribal law enforcement. CBP and
ICE officers or intelligence analysts assigned to border State fusion
centers under this section shall also provide such products to the
Office of Intelligence and Analysis of the Department for collection
and dissemination to other fusion centers in other border States.
`(B) DATABASE ACCESS- In order to fulfill the
objectives described in subparagraph (A), CBP and ICE officers and
intelligence analysts stationed at border State fusion centers under
this section shall have direct access to all relevant databases at
their respective agencies.
`(C) CUSTOMER SATISFACTION SURVEYS- The Secretary
shall create a mechanism for State, local, and tribal law enforcement
officers who are consumers of the intelligence products described in
subparagraph (A) to fill out an electronic customer satisfaction survey
whenever they access such a product. The results of these voluntary
surveys should be provided electronically to appropriate personnel of
the Department. The results of these customer satisfaction surveys
should also be included in an appropriate format in the annual status
reports described in subsection (h)(2)(A).
`(2) CULTIVATION OF RELATIONSHIPS- CBP and ICE officers
and intelligence analysts stationed at border State fusion centers
under this section shall actively cultivate relationships with State,
local, and tribal law enforcement personnel in border communities in
order to satisfy the mission described in paragraph (1), and shall make
similar outreach to Canadian and Mexican law enforcement authorities
serving neighboring communities across the northern and southern
borders. CBP and ICE officers and intelligence analysts stationed at
border State fusion centers under this section may also serve as a
conduit of border intelligence products from the Department itself and
shall ensure that such products are provided to all appropriate law
enforcement agencies, departments, and offices in border States.
`(f) Rule of Construction- Nothing in this section shall be
construed to require a border State fusion center to participate in the
Border Intelligence Fusion Center Program.
`(1) DEVELOPMENT OF IMPLEMENTATION PLAN-
`(A) IN GENERAL- Not later than 90 days after the
date of the enactment of the Implementing the 9/11 Commission
Recommendations Act of 2007, the Secretary shall develop a Border
Intelligence Fusion Center Program implementation plan and submit to
the appropriate congressional committees a copy of such plan. In
developing such plan, the Secretary shall consult with State, local,
and tribal authorities responsible for border State fusion centers.
`(B) CONTENTS- The implementation plan should also address the following elements for effective program assessment:
`(i) A clear articulation of the purposes, goals, and specific objectives for which the program is being developed.
`(ii) An identification of program stakeholders and an assessment of their interests in and expectations of the program.
`(iii) A developed set of quantitative metrics to measure, to the extent possible, program output.
`(iv) A developed set of qualitative
instruments (e.g., surveys and expert interviews) to assess the extent
to which stakeholders believe their needs and expectations are being
met.
`(2) STATUS REPORTS AND CONTINUATION ASSESSMENT-
`(i) IN GENERAL- The Secretary shall submit to
the appropriate congressional committees status reports on the Border
Intelligence Fusion Center Program. The reports shall address the
elements described in paragraph (1)(B). The reports shall also include
the following:
`(I) A description of the training programs
in place for CBP and ICE officers and intelligence analysts
participating in the program.
`(II) A listing of the border State fusion centers where CBP and ICE officers and intelligence analysts are deployed.
`(III) A representative survey of State,
local, and tribal law enforcement officers serving border jurisdictions
regarding the specificity and actionable nature of the border
intelligence provided by CBP and ICE officers at such fusion centers.
`(IV) A description of the results of the
customer satisfaction surveys submitted by users of the products
described in subsection (e)(1).
`(ii) DEADLINES- Status reports under clause (i) shall be submitted not later than--
`(I) one year after the date of the enactment of the Implementing the 9/11 Commission Recommendations Act of 2007; and
`(II) three and five years after the date on which the Border Intelligence Fusion Center Program is established.
`(B) CONTINUATION ASSESSMENT- Not later than the
end of the fifth year following the date on which the Border
Intelligence Fusion Center Program is established, the Secretary shall
submit to the appropriate congressional committees a Border
Intelligence Fusion Center Program Continuation Assessment. The
continuation assessment shall accomplish the following:
`(i) Recommend whether the program should continue in its present or some altered form or not.
`(ii) Provide the reasons for that recommendation.
`(iii) If the recommendation is that the
program should continue, list and describe legislative priorities for
Congress regarding the continuation of the program, and provide
recommended appropriations amounts and justifications for them.
`(h) Definition of Border State Fusion Center- The term
`border State fusion center' means a fusion center located in the State
of Washington, Idaho, Montana, North Dakota, Minnesota, Wisconsin,
Michigan, Ohio, Pennsylvania, New York, Vermont, New Hampshire, Maine,
California, Arizona, New Mexico, or Texas.'.
(b) Clerical Amendment- The table of contents in section
1(b) of such Act is amended by inserting after the item relating to
section 203 the following:
`Sec. 204. Border Intelligence Fusion Center Program.'.
Subtitle C--Homeland Security Information Sharing Enhancement
SEC. 721. SHORT TITLE.
This subtitle may be cited as the `Homeland Security Information Sharing Enhancement Act of 2007'.
SEC. 722. HOMELAND SECURITY ADVISORY SYSTEM.
(a) In General- Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at the
end the following:
`SEC. 205. HOMELAND SECURITY ADVISORY SYSTEM.
`(a) Requirement- The Under Secretary for Intelligence and
Analysis shall implement a Homeland Security Advisory System in
accordance with this section to provide public advisories and alerts
regarding threats to homeland security, including national, regional,
local, and economic sector advisories and alerts, as appropriate.
`(b) Required Elements- The Under Secretary, under the System--
`(1) shall include, in each advisory and alert
regarding a threat, information on appropriate protective measures and
countermeasures that may be taken in response to the threat;
`(2) shall, whenever possible, limit the scope of each
advisory and alert to a specific region, locality, or economic sector
believed to be at risk; and
`(3) shall not, in issuing any advisory or alert, use
color designations as the exclusive means of specifying the homeland
security threat conditions that are the subject of the advisory or
alert.'.
(b) Clerical Amendment- The table of contents in section
1(b) of such Act is amended by adding at the end of the items relating
to subtitle A of title II the following:
`Sec. 205. Homeland Security Advisory System.'.
SEC. 723. HOMELAND SECURITY INFORMATION SHARING.
(a) In General- Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended by
adding at the end the following:
`SEC. 206. HOMELAND SECURITY INFORMATION SHARING.
`(a) Information Sharing Environment- Consistent with
section 1016 of the National Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) and in accordance with all other
applicable laws and regulations, the Secretary shall integrate and
standardize the information of the intelligence components of the
Department into a Department information sharing environment, to be
administered by the Under Secretary for Intelligence and Analysis.
`(b) Information Sharing and Knowledge Management Officers-
For each intelligence component of the Department, the Secretary shall
designate an information sharing and knowledge management officer who
shall report to the Under Secretary for Intelligence and Analysis with
respect to coordinating the different systems used in the Department to
gather and disseminate homeland security information.
`(c) State, Local, and Private-Sector Sources of Information-
`(1) ESTABLISHMENT OF BUSINESS PROCESSES- The Under
Secretary for Intelligence and Analysis shall establish Department-wide
procedures for the review and analysis of information gathered from
State, local, tribal, and private-sector sources and, as appropriate,
integrate such information into the information gathered by the
Department and other department and agencies of the Federal Government.
`(2) FEEDBACK- The Secretary shall develop mechanisms
to provide analytical and operational feedback to any State, local,
tribal, and private-sector entities that gather information and provide
such information to the Secretary.
`(d) Training and Evaluation of Employees-
`(1) TRAINING- The Under Secretary shall provide to
employees of the Department opportunities for training and education to
develop an understanding of the definition of homeland security
information, how information available to them as part of their duties
might qualify as homeland security information, and how information
available to them is relevant to the Office of Intelligence and
Analysis.
`(2) EVALUATIONS- The Under Secretary shall, on an
ongoing basis, evaluate how employees of the Office of Intelligence and
Analysis and the intelligence components of the Department are
utilizing homeland security information and participating in the
Department information sharing environment.'.
(b) Clerical Amendment- The table of contents in section
1(b) of such Act is further amended by adding at the end of the items
relating to such subtitle the following:
`Sec. 206. Homeland security information sharing.'.
(c) Establishment of Comprehensive Information Technology Network Architecture-
(1) IN GENERAL- Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended by
adding at the end the following new section:
`SEC. 207. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.
`(a) Establishment- The Secretary, acting through the Chief
Intelligence Officer, shall establish a comprehensive information
technology network architecture for the Office of Intelligence and
Analysis.
`(b) Network Model- The comprehensive information
technology network architecture established under subsection (a) shall,
to the extent possible, incorporate the approaches, features, and
functions of the network proposed by the Markle Foundation in reports
issued in October 2002 and December 2003, known as the System-wide
Homeland Security Analysis and Resource Exchange (SHARE) Network.
`(c) Comprehensive Information Technology Network
Architecture Defined- the term `comprehensive information technology
network architecture' means an integrated framework for evolving or
maintaining existing information technology and acquiring new
information technology to achieve the strategic goals and information
resources management goals of the Office of Intelligence and Analysis.'.
(2) CLERICAL AMENDMENT- The table of contents in
section 1(b) of such Act is further amended by adding at the end of the
items relating to such subtitle the following:
`Sec. 207. Comprehensive information technology network architecture.'.
(A) REPORT ON IMPLEMENTATION OF PLAN- Not later
than 360 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
containing a plan to implement the comprehensive information technology
network architecture for the Office of Intelligence and Analysis of the
Department of Homeland Security required under section 205 of the
Homeland Security Act of 2002, as added by paragraph (1). Such report
shall include the following:
(i) Priorities for the development of the
comprehensive information technology network architecture and a
rationale for such priorities.
(ii) An explanation of how the various
components of the comprehensive information technology network
architecture will work together and interconnect.
(iii) A description of the technology
challenges that the Office of Intelligence and Analysis will face in
implementing the comprehensive information technology network
architecture.
(iv) A description of technology options that
are available or are in development that may be incorporated into the
comprehensive technology network architecture, the feasibility of
incorporating such options, and the advantages and disadvantages of
doing so.
(v) An explanation of any security protections
to be developed as part of the comprehensive information technology
network architecture.
(vi) A description of any safeguards for civil
liberties and privacy to be built into the comprehensive information
technology network architecture.
(vii) An operational best practices plan.
(B) PROGRESS REPORT- Not later than 180 days after
the date on which the report is submitted under subparagraph (A), the
Secretary of Homeland Security shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives a report
on the progress of the Secretary in developing the comprehensive
information technology network architecture required under section 205
of the Homeland Security Act of 2002, as added by paragraph (1).
(d) Intelligence Component Defined- Section 2 of the
Homeland Security Act of 2002 (6 U.S.C. 101) is further amended by
adding at the end the following new paragraph:
`(18) The term `intelligence component of the
Department' means any directorate, agency, or element of the Department
that gathers, receives, analyzes, produces, or disseminates homeland
security information except--
`(A) a directorate, agency, or element of the
Department that is required to be maintained as a distinct entity under
this Act; or
`(B) any personnel security, physical security,
document security, or communications security program within any
directorate, agency, or element of the Department.'.
Subtitle D--Homeland Security Information Sharing Partnerships
SEC. 731. SHORT TITLE.
This subtitle may be cited as the `Homeland Security Information Sharing Partnerships Act of 2007'.
SEC. 732. STATE, LOCAL, AND REGIONAL INFORMATION FUSION CENTER INITIATIVE.
(a) In General- Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further is amended by
adding at the end the following:
`SEC. 208. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
`(a) Establishment- The Secretary shall establish a State,
Local, and Regional Fusion Center Initiative to establish partnerships
with State, local, and regional fusion centers.
`(b) Duties- Through the State, Local, and Regional Fusion Center Initiative, the Secretary shall--
`(1) coordinate with the principal official of each
State, local, or regional fusion center and the official designated as
the Homeland Security Advisor of the State;
`(2) provide Department operational and intelligence advice and assistance to State, local, and regional fusion centers;
`(3) support efforts to include State, local, and
regional fusion centers into efforts to establish an information
sharing environment (as defined under section 1016(a)(2) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485(a)(2))) in accordance with all applicable laws and regulations;
`(4) conduct table-top and live training exercises to
regularly assess the capability of individual and regional networks of
State, local, and regional fusion centers to integrate the efforts of
such networks with the efforts of the Department;
`(5) coordinate with other relevant Federal entities engaged in homeland security-related activities;
`(6) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;
`(7) review homeland security information gathered by
State, local, and regional fusion centers and incorporate relevant
information with homeland security information of the Department;
`(8) provide management assistance to State, local, and regional fusion centers;
`(9) serve as a point of contact to ensure the dissemination of relevant homeland security information.
`(10) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;
`(11) provide State, local, and regional fusion centers with expertise on Department resources and operations;
`(12) provide training to State, local, and regional
fusion centers and encourage such fusion centers to participate in
terrorist threat-related exercises conducted by the Department; and
`(13) carry out such other duties as the Secretary determines are appropriate.'.
(b) Clerical Amendment- The table of contents in section
1(b) of such Act is further amended by adding at the end of the items
relating to such subtitle the following:
`Sec. 208. State, Local, and Regional Information Fusion Center Initiative.'.
(1) CONCEPT OF OPERATIONS- Not later than 90 days after
the date of the enactment of this Act and before the State, Local, and
Regional Fusion Center Initiative under section 208 of the Homeland
Security Act of 2002, as added by subsection (a), has been implemented,
the Secretary shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that contains a
concept of operations for the Initiative, which shall include a privacy
and civil liberties impact assessment.
(2) PRIVACY AND CIVIL LIBERTIES-
(A) REVIEW OF CONCEPT OF OPERATIONS- Not later than
180 days after the date on which the report under paragraph (1) is
submitted, the Privacy Officer of the Department of Homeland Security
and the Officer for Civil Rights and Civil Liberties of the Department
of Homeland Security shall review the privacy and civil liberties
implications of the Initiative and the concept of operations and report
any concerns to the Secretary of Homeland Security and the Under
Secretary of Homeland Security for Intelligence and Analysis. The
Secretary may not implement the Initiative until the Privacy Officer
and the Officer for Civil Rights and Civil Liberties have certified
that any privacy or civil liberties concerns have been addressed.
(B) REVIEW OF PRIVACY IMPACT- Under the authority
of section 222(5) of the Homeland Security Act of 2002 (6 U.S.C.
142(5)), not later than one year after the date on which the State,
Local, and Regional Fusion Center Initiative is implemented, the
Privacy Officer of the Department of Homeland Security, in consultation
with the Officer for Civil Rights and Civil Liberties of the Department
of Homeland Security, shall submit to Congress, the Secretary of
Homeland Security, and the Under Secretary of Homeland Security for
Intelligence and Analysis a report on the privacy and civil liberties
impact of the Initiative.
SEC. 733. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
(a) Establishment of Program- Subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
`SEC. 209. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
`(1) IN GENERAL- The Secretary, acting through the
Under Secretary for Intelligence and Analysis, shall establish a
fellowship program in accordance with this section for the purpose of--
`(A) detailing State, local, and tribal law
enforcement officers and intelligence analysts to the Department to
participate in the work of the Office of Intelligence and Analysis in
order to become familiar with--
`(i) the mission and capabilities of the Office of Intelligence and Analysis; and
`(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and
`(B) promoting information sharing between the
Department and State, local, and tribal law enforcement officers and
intelligence analysts by stationing such officers and analysts in order
to--
`(i) serve as a point of contact in the
Department to assist in the representation of State, local, and tribal
homeland security information needs;
`(ii) identify homeland security information of
interest to State, local, and tribal law enforcement officers and
intelligence analysts; and
`(iii) assist Department analysts in preparing
and disseminating terrorism-related products that are tailored to
State, local, and tribal law enforcement officers and intelligence
analysts and designed to thwart terrorist attacks.
`(2) PROGRAM NAME- The program under this section shall
be known as the `Homeland Security Information Sharing Fellows Program'.
`(1) IN GENERAL- In order to be eligible for selection
as an Information Sharing Fellow under the program, an individual must--
`(A) have homeland security-related responsibilities or law enforcement-related responsibilities;
`(B) be eligible for an appropriate national security clearance;
`(C) possess a valid need for access to classified
information, as determined by the Under Secretary for Intelligence and
Analysis;
`(D) be an employee of an eligible entity; and
`(E) have undergone appropriate privacy and civil
liberties training that is developed, supported, or sponsored by the
Privacy Officer and the Officer for Civil Rights and Civil Liberties in
partnership with the Privacy and Civil Liberties Oversight Board.
`(2) ELIGIBLE ENTITIES- For purposes of this subsection, the term `eligible entity' means--
`(A) a State, local, or regional fusion center;
`(B) a State or local law enforcement or other
government entity that serves a major metropolitan area, as determined
by the Secretary;
`(C) a State or local law enforcement or other
government entity that serves a suburban or rural area, as determined
by the Secretary;
`(D) a State or local law enforcement or other government entity with port responsibilities, as determined by the Secretary;
`(E) a State or local law enforcement or other government entity with border responsibilities, as determined by the Secretary;
`(F) a State or local law enforcement or other
government entity with agricultural responsibilities, as determined by
the Secretary;
`(G) a tribal law enforcement or other authority; or
`(H) such other entity as the Secretary determines is appropriate.
`(c) Optional Participation- No State, local, or tribal law
enforcement or other government entity shall be required to participate
in the Homeland Security Information Sharing Fellows Program.
`(d) Procedures for Nomination and Selection-
`(1) IN GENERAL- The Under Secretary shall establish
procedures to provide for the nomination and selection of individuals
to participate in the Homeland Security Information Sharing Fellows
Program.
`(2) LIMITATIONS- The Under Secretary shall--
`(A) select law enforcement officers and
intelligence analysts representing a broad cross-section of State,
local, and tribal agencies; and
`(B) ensure that the number of Information Sharing
Fellows selected does not impede the activities of the Office of
Intelligence and Analysis.
`(e) Length of Service- Information Sharing Fellows shall
serve for a reasonable period of time, as determined by the Under
Secretary. Such period of time shall be sufficient to advance the
information-sharing goals of the Under Secretary and encourage
participation by as many qualified nominees as possible.
`(f) Condition- As a condition of selecting an individual
as an Information Sharing Fellow under the program, the Under Secretary
shall require that the individual's employer agree to continue to pay
the individual's salary and benefits during the period for which the
individual is detailed.
`(g) Stipend- During the period for which an individual is
detailed under the program, the Under Secretary shall, subject to the
availability of appropriations provide to the individual a stipend to
cover the individual's reasonable living expenses for that period.
`(h) Security Clearances- If an individual selected for a
fellowship under the Information Sharing Fellows Program does not
possess the appropriate security clearance, the Under Secretary shall
ensure that security clearance processing is expedited for such
individual and shall ensure that each such Information Sharing Fellow
has obtained the appropriate security clearance prior to participation
in the Program.'.
(b) Clerical Amendment- The table of contents in section
1(b) of such Act is further amended by adding at the end of the items
relating to such subtitle the following:
`Sec. 209. Homeland Security Information Sharing Fellows Program.'.
(1) CONCEPT OF OPERATIONS- Not later than 90 days after
the date of the enactment of this Act and before the implementation of
the Homeland Security Information Sharing Fellows Program under section
209 of the Homeland Security Act of 2002, as added by subsection (a),
the Secretary shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that contains a
concept of operations for the Program, which shall include a privacy
and civil liberties impact assessment.
(2) PRIVACY AND CIVIL LIBERTIES-
(A) REVIEW OF CONCEPT OF OPERATIONS- Not later than
180 days after the date on which the report under paragraph (1) is
submitted, the Privacy Officer of the Department of Homeland Security
and the Officer for Civil Rights and Civil Liberties of the Department
of Homeland Security shall review the privacy and civil liberties
implications of the Program and the concept of operations and report
any concerns to the Secretary of Homeland Security and the Under
Secretary of Homeland Security for Intelligence and Analysis. The
Secretary may not implement the Program until the Privacy Officer and
the Officer for Civil Rights and Civil Liberties have certified that
any privacy or civil liberties concerns have been addressed.
(B) REVIEW OF PRIVACY IMPACT- Under the authority
of section 222(5) of the Homeland Security Act of 2002 (6 U.S.C.
142(5)), not later than one year after the date on which the Homeland
Security Information Sharing Fellows Program is implemented, the
Privacy Officer of the Department of Homeland Security, in consultation
with the Officer for Civil Rights and Civil Liberties of the Department
of Homeland Security, shall submit to Congress, the Secretary of
Homeland Security, and the Under Secretary of Homeland Security for
Intelligence and Analysis a report on the privacy and civil liberties
impact of the Program.
Subtitle E--Homeland Security Intelligence Offices Reorganization
SEC. 741. DEPARTMENTAL REORGANIZATION.
(a) Redesignation of Directorate for Information Analysis
and Infrastructure Protection- Section 201 of the Homeland Security Act
of 2002 (6 U.S.C. 121) is amended--
(1) in subsection (a)(1)--
(A) by striking `a Directorate for Information
Analysis and Infrastructure Protection' and inserting `an Office of
Intelligence and Analysis'; and
(B) by striking `an Under Secretary for Information
Analysis and Infrastructure Protection' and inserting `an Under
Secretary for Intelligence and Analysis';
(2) by striking subsection (b) and redesignating subsections (c) through (g) as subsections (b) through (f), respectively;
(3) in subsection (b), as so redesignated--
(A) by striking `and infrastructure protection' before `are carried out' and inserting `and intelligence'; and
(B) by striking `the Under Secretary for
Information Analysis and Infrastructure Protection' and inserting `the
Under Secretary for Intelligence and Analysis';
(4) in subsection (c), as so redesignated--
(A) by striking `the Under Secretary for
Information Analysis and Infrastructure Protection' and inserting `the
Under Secretary for Intelligence and Analysis';
(B) by striking paragraphs (2), (5), and (6), and
redesignating paragraphs (3) through (17) as paragraphs (2) through
(14), respectively;
(C) by redesignating paragraphs (18) and (19) as paragraphs (20) and (21), respectively;
(D) in paragraph (2), as so redesignated, by striking `To integrate' and inserting `To participate in the integration of';
(E) in paragraph (14), as so redesignated, by
inserting `the Assistant Secretary for Infrastructure Protection and'
after `coordinate with'; and
(F) by inserting after paragraph (14), as redesignated by subparagraph (B), the following new paragraphs:
`(15) To coordinate and enhance integration among intelligence components of the Department.
`(16) To establish intelligence priorities, policies, processes, standards, guidelines, and procedures for the Department.
`(17) To establish a structure and process to support the missions and goals of the intelligence components of the Department.
`(18) To ensure that, whenever possible--
`(A) the Under Secretary for Intelligence and
Analysis produces and disseminates reports and analytic products based
on open-source information that do not require a national security
classification under applicable law; and
`(B) such unclassified open source reports are
produced and disseminated contemporaneously with reports or analytic
products concerning the same or similar information that the Under
Secretary for Intelligence and Analysis produces and disseminates in a
classified format.
`(19) To establish within the Office of Intelligence Analysis an Internal Continuity of Operations (COOP) Plan that--
`(A) assures that the capability exists to continue
uninterrupted operations during a wide range of potential emergencies,
including localized acts of nature, accidents, and technological or
attack-related emergencies, that is maintained at a high level of
readiness and is capable of implementation with and without warning; and
`(B) includes plans and procedures governing succession to office within the Office of Intelligence and Analysis, including--
`(i) emergency delegations of authority (where permissible, and in accordance with applicable law);
`(ii) the safekeeping of vital resources, facilities, and records;
`(iii) the improvisation or emergency
acquisition of vital resources necessary for the performance of
operations of the Office; and
`(iv) the capability to relocate essential
personnel and functions to and to sustain the performance of the
operations of the Office at an alternate work site until normal
operations can be resumed.';
(5) in subsections (d) and (e), as redesignated by
subsection (a)(2), by striking `Directorate' each place it appears and
inserting `Office'; and
(6) in subsection (f), as redesignated by subsection (a)(2)--
(A) by striking `the Under Secretary for
Information Analysis and Infrastructure Protection' and inserting `the
Under Secretary for Intelligence and Analysis and the Assistant
Secretary for Infrastructure Protection'; and
(B) by inserting `and section 203' after `under this section'.
(b) Technical and Conforming Amendments-
(1) HOMELAND SECURITY ACT OF 2002- The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--
(A) in section 103(a), by adding at the end the following new paragraph:
`(10) An Under Secretary for Intelligence and Analysis.';
(B) in section 223, by striking `Under Secretary
for Information Analysis and Infrastructure Protection' and inserting
`Under Secretary for Intelligence and Analysis, in cooperation with the
Assistant Secretary for Infrastructure Protection';
(C) in section 224, by striking `Under Secretary
for Information Analysis and Infrastructure Protection' and inserting
`Assistant Secretary for Infrastructure Protection'; and
(D) in section 302(3), by striking `Under Secretary
for Information Analysis and Infrastructure Protection' and inserting
`Under Secretary for Intelligence and Analysis and the Assistant
Secretary for Infrastructure Protection'.
(A) SECTION 201- The heading for section 201 of such Act is amended to read as follows:
`SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.'.
(B) SECTION 201(a)- The heading for subsection (a) of section 201 of such Act is amended to read as follows:
`(a) Under Secretary of Homeland Security for Intelligence and Analysis- '.
(C) SECTION 201(b)- The heading for subsection (b)
of section 201 of such Act, as redesignated by subsection (a)(2), is
amended to read as follows:
`(b) Discharge of Intelligence and Analysis- '.
(3) NATIONAL SECURITY ACT OF 1947- Section 106(b)(2)(I)
of the National Security Act of 1947 (50 U.S.C. 403-6) is amended to
read as follows:
`(I) The Under Secretary for Intelligence and Analysis of the Department of Homeland Security.'.
(4) INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF
2004- Section 7306(a)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3848) is amended
by striking `Under Secretary for Information Analysis and
Infrastructure Protection' and inserting `Under Secretary for
Intelligence and Analysis'.
SEC. 742. INTELLIGENCE COMPONENTS OF DEPARTMENT OF HOMELAND SECURITY.
(a) Responsibilities- Subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 201 et seq.) is further amended
by adding at the end the following new section:
`SEC. 210. INTELLIGENCE COMPONENTS.
`(a) Responsibilities- Subject to the direction and control
of the Secretary, the responsibilities of the head of each intelligence
component of the Department are as follows:
`(1) To ensure that duties related to the acquisition,
analysis, and dissemination of homeland security information are
carried out effectively and efficiently in support of the Under
Secretary for Intelligence and Analysis.
`(2) To support and implement the goals established in cooperation with the Under Secretary for Intelligence and Analysis.
`(3) To incorporate the input of the Under Secretary
for Intelligence and Analysis with respect to performance appraisals,
bonus or award recommendations, pay adjustments, and other forms of
commendation.
`(4) To coordinate with the Under Secretary for
Intelligence and Analysis in the recruitment and selection of
intelligence officials of the intelligence component.
`(5) To advise and coordinate with the Under Secretary
for Intelligence and Analysis on any plan to reorganize or restructure
the intelligence component that would, if implemented, result in
realignments of intelligence functions.
`(6) To ensure that employees of the intelligence
component have knowledge of and comply with the programs and policies
established by the Under Secretary for Intelligence and Analysis and
other appropriate officials of the Department and that such employees
comply with all applicable laws and regulations.
`(7) To perform such other duties relating to such responsibilities as the Secretary may provide.
`(b) Training of Employees- The Secretary shall provide
training and guidance for employees, officials, and senior executives
of the intelligence components of the Department to develop knowledge
of laws, regulations, operations, policies, procedures, and programs
that are related to the functions of the Department relating to the
handling, analysis, dissemination, and acquisition of homeland security
information.'.
(b) Clerical Amendment- The table of contents in section
1(b) of such Act is further amended by adding at the end of the items
relating to such subtitle the following:
`Sec. 210. Intelligence components.'.
SEC. 743. OFFICE OF INFRASTRUCTURE PROTECTION.
(a) Establishment- Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 201 et seq.) is further amended by
adding at the end the following new section:
`SEC. 210A. OFFICE OF INFRASTRUCTURE PROTECTION.
`(a) Assistant Secretary for Infrastructure Protection-
`(1) IN GENERAL- There shall be in the Department an
Office of Infrastructure Protection headed by an Assistant Secretary
for Infrastructure Protection.
`(2) RESPONSIBILITIES- The Assistant Secretary shall
assist the Secretary in discharging the responsibilities assigned by
the Secretary.
`(b) Discharge of Infrastructure Protection- The Secretary
shall ensure that the responsibilities of the Department regarding
infrastructure protection are carried out through the Assistant
Secretary for Infrastructure Protection.
`(c) Responsibilities of Assistant Secretary- Subject to
the direction and control of the Secretary, the responsibilities of the
Assistant Secretary for Infrastructure Protection shall be as follows:
`(1) To carry out comprehensive assessments of the
vulnerabilities of the key resources and critical infrastructure of the
United States, including the performance of risk assessments to
determine the risks posed by particular types of terrorist attacks
within the United States (including an assessment of the probability of
success of such attacks and the feasibility and potential efficacy of
various countermeasures to such attacks).
`(2) To participate in the integration of relevant
information, analyses, and vulnerability assessments (whether such
information, analyses, or assessments are provided or produced by the
Department or others) in order to identify priorities for protective
and support measures by the Department, other agencies of the Federal
Government, State and local government agencies and authorities, the
private sector, and other entities.
`(3) To develop a comprehensive national plan for
securing the key resources and critical infrastructure of the United
States, including power production, generation, and distribution
systems, information technology and telecommunications systems
(including satellites), electronic financial and property record
storage and transmission systems, emergency preparedness communications
systems, and the physical and technological assets that support such
systems.
`(4) To recommend measures necessary to protect the key
resources and critical infrastructure of the United States in
coordination with other agencies of the Federal Government and in
cooperation with State and local government agencies and authorities,
the private sector, and other entities.
`(5) To coordinate with the Under Secretary for
Intelligence and Analysis and elements of the intelligence community
and with Federal, State, and local law enforcement agencies, and the
private sector, as appropriate.
`(6) To perform such other duties as assigned by the Secretary under this Act.
`(1) IN GENERAL- The Secretary shall provide the Office
with a staff having appropriate expertise and experience to assist the
Assistant Secretary in discharging responsibilities under this section.
`(2) PRIVATE SECTOR STAFF- Staff under this subsection may include staff from the private sector.
`(3) SECURITY CLEARANCES- Staff under this subsection
shall possess security clearances appropriate for their work under this
section.
`(e) Detail of Personnel-
`(1) IN GENERAL- In order to assist the Office in
discharging responsibilities under this section, personnel of other
Federal agencies may be detailed to the Department for the performance
of analytic functions and related duties.
`(2) COOPERATIVE AGREEMENTS- The Secretary and the head
of the agency concerned may enter into cooperative agreements for the
purpose of detailing personnel under this subsection.
`(3) BASIS- The detail of personnel under this subsection may be on a reimbursable or non-reimbursable basis.'.
(b) Clerical Amendment- The table of contents in section
1(b) of such Act is further amended by adding at the end of the items
relating to such subtitle the following:
`Sec. 210A. Office of Infrastructure Protection.'.
TITLE VIII--PROTECTING PRIVACY AND CIVIL LIBERTIES WHILE EFFECTIVELY FIGHTING TERRORISM
Subtitle A--Privacy and Civil Liberties Oversight Boards
SEC. 801. SHORT TITLE.
This subtitle may be cited as the `Protection of Civil Liberties Act'.
SEC. 802. FINDINGS.
Congress finds the following:
(1) On July 22, 2004 the National Commission on
Terrorist Attacks Upon the United States issued a report that included
41 specific recommendations to help prevent future terrorist attacks,
including details of a global strategy and government reorganization
necessary to implement that strategy.
(2) One of the recommendations focused on the
protections of civil liberties. Specifically the following
recommendation was made: `At this time of increased and consolidated
government authority, there should be a board within the executive
branch to oversee adherence to the guidelines we recommend and the
commitment the government makes to defend our civil liberties.'.
(3) The report also states that `the choice between
security and liberty is a false choice, as nothing is more likely to
endanger America's liberties than the success of a terrorist attack at
home. Our History has shown that the insecurity threatens liberty at
home. Yet if our liberties are curtailed, we lose the values that we
are struggling to defend.'.
(4) On December 17, 2004, Public Law 108-458, the
National Intelligence Reform Act, was signed into law. This law created
a civil liberties board that does not have the authority necessary to
protect civil liberties.
SEC. 803. MAKING THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD INDEPENDENT.
Section 1061(b) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note) is amended by striking
`within the Executive Office of the President' and inserting `as an
independent agency within the Executive branch'.
SEC. 804. REQUIRING ALL MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD BE CONFIRMED BY THE SENATE.
Subsection (e) of section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note) is amended to
read as follows:
`(1) MEMBERS- The Board shall be composed of a
full-time chairman and 4 additional members, who shall be appointed by
the President by no later than 6 months after the date of the enactment
of the Protection of Civil Liberties Act, by and with the advice and
consent of the Senate, which shall move expeditiously following each
nomination.
`(2) QUALIFICATIONS- Members of the Board shall be
selected solely on the basis of their professional qualifications,
achievements, public stature, expertise in civil liberties and privacy,
and relevant experience, and without regard to political affiliation,
but in no event shall more than 3 members of the Board be members of
the same political party. The President shall, before appointing an
individual who is not a member of the same political party as the
President consult with the leadership of that party, if any, in the
Senate and House of Representatives.
`(3) INCOMPATIBLE OFFICE- An individual appointed to
the Board may not, while serving on the Board, be an elected official,
officer, or employee of the Federal Government, other than in the
capacity as a member of the Board.
`(4) TERM- Each member of the Board shall serve a term of six years, except that--
`(A) a member appointed to a term of office after
the commencement of such term may serve under such appointment only for
the remainder of such term;
`(B) upon the expiration of the term of office of a
member, the member shall continue to serve until the member's successor
has been appointed and qualified, except that no member may serve under
this subparagraph--
`(i) for more than 60 days when Congress is in
session unless a nomination to fill the vacancy shall have been
submitted to the Senate; or
`(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted; and
`(C) the members initially appointed under this
subsection shall serve terms of two, three, four, five, and six years,
respectively, from the effective date of this Act, with the term of
each such member to be designated by the President.
`(5) QUORUM AND MEETINGS- The Board shall meet upon the
call of the chairman or a majority of its members. Three members of the
Board shall constitute a quorum.'.
SEC. 805. SUBPOENA POWER FOR THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
Section 1061(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note) is amended--
(1) so that subparagraph (D) of paragraph (1) reads as follows:
`(D) require, by subpoena issued at the direction
of a majority of the members of the Board, persons (other than
departments, agencies, and elements of the executive branch) to produce
any relevant information, documents, reports, answers, records,
accounts, papers, and other documentary or testimonial evidence.'; and
(2) so that paragraph (2) reads as follows:
`(2) ENFORCEMENT OF SUBPOENA- In the case of contumacy
or failure to obey a subpoena issued under paragraph (1)(D), the United
States district court for the judicial district in which the subpoenaed
person resides, is served, or may be found may issue an order requiring
such person to produce the evidence required by such subpoena.'.
SEC. 806. REPORTING REQUIREMENTS.
(a) Duties of Board- Paragraph (4) of section 1061(c) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C.
601 note) is amended to read as follows:
`(A) RECEIPT, REVIEW, AND SUBMISSION-
`(i) IN GENERAL- The Board shall--
`(I) receive and review reports from privacy officers and civil liberties officers described in section 212; and
`(II) periodically submit, not less than
semiannually, reports to the appropriate congressional committees,
including the Committees on the Judiciary of the Senate and the House
of Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on Oversight and Government Reform
of the House of Representatives, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives, the Committee on Homeland Security of the
House of Representatives, and to the President.
Such reports shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.
`(ii) CONTENTS- Not less than 2 reports the Board submits each year under clause (i)(II) shall include--
`(I) a description of the major activities of the Board during the preceding period;
`(II) information on the findings,
conclusions, and recommendations of the Board resulting from its advice
and oversight functions under subsection (c);
`(III) the minority views on any findings,
conclusions, and recommendations of the Board resulting from its advice
and oversight functions under subsection (c); and
`(IV) each proposal reviewed by the Board
under subsection (c)(1) that the Board advised against implementing,
but that notwithstanding such advice, was implemented.
`(B) INFORMING THE PUBLIC- The Board shall--
`(i) make its reports, including its reports to
Congress, available to the public to the greatest extent that is
consistent with the protection of classified information and applicable
law; and
`(ii) hold public hearings and otherwise inform
the public of its activities, as appropriate and in a manner consistent
with the protection of classified information and applicable law.'.
(b) Privacy and Civil Liberties Officers-
(1) DESIGNATION OF OFFICERS- Section 1062 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat.
3688) is amended to read as follows:
`SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
`(a) Designation and Functions- The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of
Homeland Security, the National Intelligence Director, the Director of
the Central Intelligence Agency, any other entity within the
intelligence community (as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 401a)), and the head of any other
department, agency, or element of the executive branch designated by
the Privacy and Civil Liberties Oversight Board to be appropriate for
coverage under this section shall designate not less than 1 senior
officer to--
`(1) assist the head of such department, agency, or
element and other officials of such department, agency, or element in
appropriately considering privacy and civil liberties concerns when
such officials are proposing, developing, or implementing laws,
regulations, policies, procedures, or guidelines related to efforts to
protect the Nation against terrorism;
`(2) periodically investigate and review department,
agency, or element actions, policies, procedures, guidelines, and
related laws and their implementation to ensure that such department,
agency, or element is adequately considering privacy and civil
liberties in its actions;
`(3) ensure that such department, agency, or element
has adequate procedures to receive, investigate, respond to, and
redress complaints from individuals who allege such department, agency,
or element has violated their privacy or civil liberties; and
`(4) in providing advice on proposals to retain or
enhance a particular governmental power the officer shall consider
whether such department, agency, or element has established--
`(A) that the power actually enhances security and
the need for the power is balanced with the need to protect privacy and
civil liberties;
`(B) that there is adequate supervision of the use
by such department, agency, or element of the power to ensure
protection of privacy and civil liberties; and
`(C) that there are adequate guidelines and oversight to properly confine its use.
`(b) Exception to Designation Authority-
`(1) PRIVACY OFFICERS- In any department, agency, or
element referred to in subsection (a) or designated by the Board, which
has a statutorily created privacy officer, such officer shall perform
the functions specified in subsection (a) with respect to privacy.
`(2) CIVIL LIBERTIES OFFICERS- In any department,
agency, or element referred to in subsection (a) or designated by the
Board, which has a statutorily created civil liberties officer, such
officer shall perform the functions specified in subsection (a) with
respect to civil liberties.
`(c) Supervision and Coordination- Each privacy officer or civil liberties officer described in subsection (a) or (b) shall--
`(1) report directly to the head of the department, agency, or element concerned; and
`(2) coordinate their activities with the Inspector
General of such department, agency, or element to avoid duplication of
effort.
`(d) Agency Cooperation- The head of each department,
agency, or element shall ensure that each privacy officer and civil
liberties officer--
`(1) has the information, material, and resources necessary to fulfill the functions of such officer;
`(2) is advised of proposed policy changes;
`(3) is consulted by decisionmakers; and
`(4) is given access to material and personnel the
officer determines to be necessary to carry out the functions of such
officer.
`(e) Reprisal for Making Complaint- No action constituting
a reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
`(1) IN GENERAL- The privacy officers and civil
liberties officers of each department, agency, or element referred to
or described in subsection (a) or (b) shall periodically, but not less
than quarterly, submit a report on the activities of such officers--
`(A)(i) to the appropriate congressional
committees, including the Committees on the Judiciary of the Senate and
the House of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, the Select Committee
on Intelligence of the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives;
`(ii) to the head of such department, agency, or element; and
`(iii) to the Privacy and Civil Liberties Oversight Board; and
`(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.
`(2) CONTENTS- Each report submitted under paragraph
(1) shall include information on the discharge of each of the functions
of the officer concerned, including--
`(A) information on the number and types of reviews undertaken;
`(B) the type of advice provided and the response given to such advice;
`(C) the number and nature of the complaints
received by the department, agency, or element concerned for alleged
violations; and
`(D) a summary of the disposition of such
complaints, the reviews and inquiries conducted, and the impact of the
activities of such officer.
`(g) Informing the Public- Each privacy officer and civil liberties officer shall--
`(1) make the reports of such officer, including
reports to Congress, available to the public to the greatest extent
that is consistent with the protection of classified information and
applicable law; and
`(2) otherwise inform the public of the activities of
such officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
`(h) Savings Clause- Nothing in this section shall be
construed to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.
`(i) Protections for Human Research Subjects- The Secretary
of Homeland Security shall ensure that the Department of Homeland
Security complies with the protections for human research subjects, as
described in part 46 of title 45, Code of Federal Regulations, or in
equivalent regulations as promulgated by such Secretary, with respect
to research that is conducted or supported by such Department.'.
(2) CLERICAL AMENDMENT- The table of contents in
section 1(b) of such Act is amended by striking the item relating to
section 1062 and inserting the following:
`Sec. 1062. Privacy and civil liberties officers.'.
Subtitle B--Enhancement of Privacy Officer Authorities
SEC. 811. SHORT TITLE.
This subtitle may be cited as the `Privacy Officer With Enhanced Rights Act of 2007' or the `POWER Act'.
SEC. 812. AUTHORITIES OF THE PRIVACY OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended--
(1) by inserting before the first sentence the following: `(a) Appointment and Responsibilities- '; and
(2) by adding at the end the following:
`(b) Authority to Investigate-
`(1) IN GENERAL- The senior official appointed under this section is specifically authorized--
`(A) to have access to all records, reports,
audits, reviews, documents, papers, recommendations, and other
materials available to the Department that relate to programs and
operations with respect to which the senior official has
responsibilities under this section;
`(B) to make such investigations and reports
relating to the administration of the programs and operations of the
Department as are, in the senior official's judgment, necessary or
desirable;
`(C) to require by subpoena the production, by
persons other than Federal agencies, of all information, documents,
reports, answers, records, accounts, papers, and other data and
documentary evidence necessary to performance of the functions of the
senior official under this section;
`(D) to administer to or take from any person an
oath, affirmation, or affidavit, whenever necessary to performance of
the functions of the senior official under this section; and
`(E) to take any other action that may be taken by
the Inspector General of the Department, as necessary to require
employees of the Department to produce documents and answer questions
relevant to performance of the functions of the senior official under
this section.
`(2) ENFORCEMENT OF SUBPOENAS- Any subpoena issued
under paragraph (1)(C) shall, in the case of contumacy or refusal to
obey, be enforceable by order of any appropriate United States district
court.
`(3) EFFECT OF OATHS, ETC- Any oath, affirmation, or
affidavit administered or taken under paragraph (1)(D) by or before an
employee of the Privacy Office designated for that purpose by the
senior official appointed under subsection (a) shall have the same
force and effect as if administered or taken by or before an officer
having a seal of office.
`(c) Term of Office- The term of appointment of a senior official under subsection (a) shall be 5 years.
`(d) Reports to Congress- The senior official appointed
under subsection (a) shall submit reports directly to Congress
regarding performance of the responsibilities of the senior official
under this section, without any prior comment or amendment by the
Secretary, Deputy Secretary, or any other officer or employee of the
Department or the Office of Management and Budget.'.
TITLE IX--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
SEC. 901. VULNERABILITY ASSESSMENT AND REPORT ON CRITICAL INFRASTRUCTURE INFORMATION.
(a) In General- Subtitle B of title II of the Homeland
Security Act of 2002 is amended by adding at the end the following new
section:
`SEC. 216. ANNUAL CRITICAL INFRASTRUCTURE VULNERABILITY ASSESSMENT AND REPORT.
`(a) Vulnerability Assessment Required- Except where a
vulnerability assessment is required under another provision of law,
for each fiscal year, the Secretary, acting through the Assistant
Secretary for Infrastructure Protection pursuant to the
responsibilities under section 210A, shall prepare a vulnerability
assessment of the critical infrastructure information available to the
Secretary with respect to that fiscal year. Each vulnerability
assessment shall contain any actions or countermeasures proposed or
recommended by the Secretary to address security concerns covered in
the assessment. The information in each such assessment shall be set
forth separately for each critical infrastructure sector, including the
critical infrastructure sectors named in Homeland Security Presidential
Directive-7, as in effect on January 1, 2006.
`(b) Annual Report to Congress-
`(1) REPORT REQUIRED- Not later than six months after
the last day of a fiscal year, the Secretary shall submit to the
Committee on Homeland Security of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate a
report containing a summary and review of the vulnerability assessments
prepared by the Secretary under subsection (a) for that fiscal year and
the two preceding fiscal years. The information in the report shall be
set forth separately for each of the critical infrastructure sectors
described in subsection (a).
`(2) CONTENTS OF REPORT- The Secretary shall include in the report required under paragraph (1)--
`(A) for each critical infrastructure sector
covered by the report, a summary comparison describing any changes
between the vulnerability assessment for the fiscal year covered by the
report and the vulnerability assessment for the preceding fiscal year;
`(B) the explanation and comments of the Secretary
with respect to the greatest risks to critical infrastructure for each
such sector; and
`(C) the recommendations of the Secretary for mitigating such risks.
`(3) CLASSIFIED ANNEX- The report required under paragraph (1) may contain a classified annex.'.
(b) Technical Amendment- Section 212(3) of such Act (6 U.S.C. 131(3)) is amended--
(1) by inserting `relating to' after `the security of critical infrastructure or protected systems'; and
(2) in subparagraph (A), by inserting `the' after `(A)'.
(c) Clerical Amendment- The table of contents in section
1(b) of such Act is amended by inserting after the item relating to
section 215 the following new item:
`Sec. 216. Annual critical infrastructure vulnerability assessment and report.'.
SEC. 902. NATIONAL ASSET DATABASE AND THE NATIONAL AT-RISK DATABASE.
(a) In General- Subtitle A of title II of the Homeland
Security Act of 2002 is amended by adding at the end the following new
sections:
`SEC. 210C. NATIONAL ASSET DATABASE AND NATIONAL AT-RISK DATABASE.
`(1) NATIONAL ASSET DATABASE- The Secretary shall
establish and maintain a national database of nationwide critical
infrastructure assets to identify and prioritize critical
infrastructure and key resources and to protect them from terrorist
attack. The database shall be known as the `National Asset Database'.
`(2) NATIONAL AT-RISK DATABASE- The Secretary shall
establish within the National Asset Database, a database containing a
list of the infrastructure the Secretary determines is most at risk, to
be known as the `National At-Risk Database'.
`(3) NATIONAL ASSET DATABASE CONSORTIUM-
`(A) ESTABLISHMENT- The Secretary shall establish a
consortium to be known as the `National Asset Database Consortium'. The
Consortium shall advise the Secretary on the best way to identify,
generate, organize, and maintain the databases described in paragraphs
(1) and (2) and shall be made up of at least two but not more than four
national laboratories and the heads of such other Federal agencies as
the Secretary deems appropriate.
`(B) ADMINISTRATION AND CONSULTATION- The Secretary shall--
`(i) select as members of the National Asset
Database Consortium national laboratories or Federal agencies that have
demonstrated experience working with and identifying critical
infrastructure;
`(ii) enter into contracts, as necessary, with
the members of the National Asset Database Consortium to perform the
tasks required under this section; and
`(iii) solicit and receive comments from the National Asset Database Consortium on--
`(I) the appropriateness of the protection
and risk methodologies in the National Infrastructure Protection Plan
or other nationwide infrastructure protection plan issued by the
Department; and
`(II) alternative means to define risk and
identify specific criteria to prioritize the most at-risk
infrastructure or key resources.
`(b) Use of Database- The Secretary shall use the database established under subsection (a)--
`(1) in the development, coordination, integration, and
implementation of plans and programs, including to identify, catalog,
prioritize, and protect critical infrastructure and key resources in
accordance with Homeland Security Presidential Directive number 7, and
in cooperation with all levels of government and private sector
entities that the Secretary considers appropriate; and
`(2) in providing any covered grant to assist in preventing, reducing, mitigating, or responding to terrorist attack.
`(c) Maintenance of Database-
`(1) IN GENERAL- The Secretary shall maintain and annually update the database, including by--
`(A) annually defining and systematically examining
assets in the database that are described incorrectly or that do not
meet national assets guidelines used by the Secretary to determine
which assets should remain in the National Asset Database and the
National At-Risk Database;
`(B) annually providing a list to the States of
assets referred to in subparagraph (A) for review before finalizing the
decision of which assets to include in the National Asset Database and
the National At-Risk Database;
`(C) reviewing the guidelines to the States to
ensure consistency and uniformity for inclusion and how the Department
intends to use that data;
`(D) meeting annually with the States to provide
guidance and clarification of the guidelines to promote consistency and
uniformity in submissions;
`(E) utilizing on an ongoing basis the National
Asset Database and other expert panels established by the Department to
review and refine the National Asset Database and the National At-Risk
Database; and
`(F) utilizing the Department's National
Infrastructure Simulation and Analysis Center for the National Asset
Database taxonomy and asset information in the National Asset Database
and facilitating the future exchange of information between the
National Asset Database and such center.
`(2) ORGANIZATION OF INFORMATION IN DATABASE- The Secretary shall--
`(A) remove from the National Asset Database or the
National At-Risk Database any asset that the Secretary determines to be
unverifiable and as not meeting national asset guidelines set forth by
the Secretary in requests for information from States; and
`(B) classify assets in the database according to
the 17 sectors listed in National Infrastructure Protection Plan
developed pursuant to Homeland Security Presidential Directive 7, to
ensure that the assets in the National Asset Database and the National
At-Risk Database can be categorized by State and locality, regionally,
and in such a manner as is effective for grants and other purposes.
`(3) MILESTONES AND GUIDELINES- The Secretary shall--
`(A) identify and evaluate key milestones for the
National Asset Database and the National At-Risk Database, including
methods to integrate private sector assets and tasks that must be
completed to eventually allocate homeland security grant programs based
on the information contained in the database; and
`(B) issue guidelines for--
`(i) States to submit uniform information for
possible inclusion in the National Asset Database or the National
At-Risk Database; and
`(ii) review of such submissions by the Department.
`(1) IN GENERAL- Not later than March 1 of each year,
the Secretary shall submit to the Committee on Homeland Security of the
House of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report on the critical
infrastructure included in the National Asset Database that is most at
risk to terrorism.
`(2) CONTENTS- Each report shall include the following:
`(A) The name, location, and sector classification
of assets in the National Asset Database that have been identified or
deemed critical infrastructure that is most at risk to terrorism.
`(B) Changes made in such database regarding such
critical infrastructure made during the period covered by the report
regarding--
`(i) defining and identifying critical infrastructure; and
`(ii) compiling a usable database.
`(C) The extent to which the database has been used
as a tool for allocating funds to prevent, reduce, mitigate, and
respond to terrorist attacks.
`(3) CLASSIFIED INFORMATION- The Secretary shall
provide to the members of the committees to which the report required
under this subsection is required to be submitted under paragraph (1) a
classified briefing on the contents of such report. The Secretary shall
also submit with each report a classified annex containing information
required to be submitted under this section that cannot be made public.
`(e) Covered Grant Defined- In this section, the term
`covered grant' means any grant provided by the Department under any of
the following:
`(1) The Urban Area Security Initiative.
`(2) The Buffer Zone Protection Program.
`(3) Any other grant program administered by the Department, as determined appropriate by the Secretary.
`(4) Any successor to a program referred to in this paragraph.'.
(b) Deadlines for Implementation and Notification of Congress-
(1) DEADLINE FOR RECOMMENDATIONS- Not later than 60
days after the date of the enactment of this Act, the Secretary of
Homeland Security shall secure recommendations on how to identify,
generate, organize, and maintain the list of assets in the databases
from the consortium of national laboratories, as required under section
210C(a)(2) of the Homeland Security Act of 2002, as added by subsection
(a).
(2) DEADLINE FOR FIRST REPORT REGARDING USE OF THE
NATIONAL ASSET DATABASE- Notwithstanding the date specified under
section 210C(d) of the Homeland Security Act of 2002, as added by
subsection (a), the Secretary of Homeland Security shall submit the
first report required under that section not later than 180 days after
the date of the enactment of this Act.
(c) Clerical Amendment- The table of contents in section
1(b) of such Act is further amended by inserting after the item
relating to section 210 the following:
`Sec. 210C. National Asset Database and National At-Risk Database.'.
(d) Submittal of Certain Reports- Each report that is
authorized or required by this Act (or the amendments made by this Act)
to be prepared by the Secretary of Homeland Security and that concerns
a matter of the type carried out under an program under the
jurisdiction of the Committee on Energy and Commerce of the House of
Representatives shall be submitted to the Committee on Energy and
Commerce of the House of Representatives, in addition to the other
congressional committees involved.
TITLE X--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
SEC. 1001. STRATEGIC TRANSPORTATION SECURITY INFORMATION SHARING.
Section 114 of title 49, United States Code, is amended by adding at the end the following:
`(u) Strategic Information Sharing-
`(1) ESTABLISHMENT OF PLAN- The Secretary of Homeland
Security shall establish a Strategic Transportation Security
Information Sharing Plan.
`(2) PURPOSE OF PLAN- The plan shall ensure the robust
development of tactical and strategic intelligence products for
disseminating to public and private stakeholders security information
relating to threats to and vulnerabilities of transportation modes,
including aviation, bridge and tunnel, commuter rail and ferry,
highway, maritime, pipeline, rail, mass transit, and over-the-road bus
transportation.
`(3) CONTENT OF PLAN- The plan shall include--
`(A) a description of how intelligence analysts in
the Transportation Security Administration are coordinating their
activities with other intelligence analysts in the Department of
Homeland Security and other Federal, State, and local agencies;
`(B) reasonable deadlines for completing any
organizational changes within the Department of Homeland Security
required to accommodate implementation of the plan; and
`(C) a description of resource needs for fulfilling the plan.
`(4) REPORTS TO CONGRESS-
`(A) IN GENERAL- Not later than 180 days after the
date of enactment of this subsection, the Secretary shall submit to the
appropriate congressional committees a report containing the plan.
`(i) CERTIFICATION OF FULL IMPLEMENTATION-
After achieving full implementation of the plan, the Secretary shall
submit to the appropriate congressional committees a written
certification of such implementation.
`(ii) UPDATES ON IMPLEMENTATION- Not later than
90 days after the date of submission of a report under subparagraph
(A), and every 90 days thereafter until the date of submission of a
written certification under clause (i), the Secretary shall submit to
the appropriate congressional committees a report containing an update
on implementation of the plan.
`(C) ANNUAL REPORT- Following the date of
submission of a written certification under subparagraph (B)(i), the
Secretary shall submit to the appropriate congressional committees an
annual report on the following:
`(i) The number of transportation intelligence reports disseminated under the plan and a brief description of each report.
`(ii) The security classification of each report.
`(iii) The number of public and private stakeholders who were provided with each report.
`(5) SURVEY- The Secretary shall conduct an annual
survey of the satisfaction of each of the recipients of transportation
intelligence reports disseminated under the plan, and include the
results of the survey as part of the annual report to be submitted
under paragraph (4)(C).
`(6) SECURITY CLEARANCES- The Secretary shall ensure
that public and private stakeholders have the security clearances
needed to receive classified information if information contained in
transportation intelligence reports cannot be disseminated in an
unclassified format.
`(7) CLASSIFICATION OF MATERIAL- To the greatest extent
possible, the Secretary shall provide public and private stakeholders
with specific and actionable information in an unclassified format.
`(8) DEFINITIONS- In this subsection, the following definitions apply:
`(A) APPROPRIATE CONGRESSIONAL COMMITTEES- The term
`appropriate congressional committees' has the meaning given that term
in subsection (t).
`(B) PLAN- The term `plan' means the Strategic
Transportation Security Information Sharing Plan established under
paragraph (1).
`(C) PUBLIC AND PRIVATE STAKEHOLDERS- The term
`public and private stakeholders' means Federal, State, and local
agencies, tribal governments, and appropriate private entities,
including nonprofit employee labor organizations.'.
SEC. 1002. TRANSPORTATION SECURITY STRATEGIC PLANNING.
(a) In General- Section 114(t)(1)(B) of title 49, United States Code, is amended to read as follows:
`(B) transportation modal security plans addressing
risks, threats, and vulnerabilities for aviation, bridge and tunnel,
commuter rail and ferry, highway, maritime, pipeline, rail, mass
transit, over-the-road bus, and other public transportation
infrastructure assets.'.
(b) Role of Secretary of Transportation- Section 114(t)(2)
of such title is amended by inserting before the period at the end the
following: `and in carrying out all other responsibilities set forth in
this subsection'.
(c) Contents of National Strategy for Transportation Security- Section 114(t)(3) of such title is amended--
(1) in subparagraph (B) by inserting `, based on
vulnerability assessments conducted by the Department of Homeland
Security,' after `risk-based priorities';
(2) in subparagraph (D)--
(A) by striking `and local' and inserting `, local, and tribal'; and
(B) by striking `private sector cooperation and
participation' and inserting `cooperation and participation by private
sector entities, including nonprofit employee labor organizations,';
(3) in subparagraph (E)--
(A) by striking `response' and inserting `prevention, response,'; and
(B) by inserting `and outside of' before `the United States'; and
(4) in subparagraph (F) by adding at the end the
following: `Research and development projects initiated by the
Department of Homeland Security shall be based on such prioritization.'.
(d) Periodic Progress Report- Section 114(t)(4)(C) is amended--
(1) in clause (i) by inserting before the period at the
end the following: `, including the transportation modal security
plans';
(2) by striking clause (ii) and inserting the following:
`(ii) CONTENT- Each progress report submitted under this subparagraph shall include, at a minimum, the following:
`(I) Recommendations for improving and
implementing the National Strategy for Transportation Security and the
transportation modal security plans that the Secretary, in consultation
with the Secretary of Transportation, considers appropriate.
`(II) An accounting of all grants for
transportation security, including grants for research and development,
distributed by the Department of Homeland Security in the previous year
and a description of how the grants accomplished the goals of the
National Strategy for Transportation Security.
`(III) An accounting of all funds (other
than grants referred in subclause (II)) expended by the Department of
Homeland Security on transportation security.
`(IV) Information on the number of
employees of the Department of Homeland Security, by agency, working on
transportation security issues. The listing shall be divided by
transportation mode, including aviation, bridge and tunnel, commuter
rail and ferry, highway, maritime, pipeline, rail, mass transit,
over-the-road bus, and other public transportation modes. The listing
shall include information, by transportation mode, on the number of
contractors hired by the Department of Homeland Security to work on
transportation-related security.
`(V) Information on the turnover in the
previous year among employees of the Department of Homeland Security
working on transportation security issues. Specifically, the report
shall provide information on the number of employees who have left the
Department, their agency, the area in which they worked, and the amount
of time that they worked for the Department.
`(iii) WRITTEN EXPLANATION OF TRANSPORTATION
SECURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL STRATEGY FOR
TRANSPORTATION SECURITY- Before carrying out a transportation security
activity that is not clearly delineated in the National Strategy for
Transportation Security, the Secretary shall submit to appropriate
congressional committees a written explanation of the activity,
including the amount of funds to be expended for the activity.'.
(e) Appropriate Congressional Committees Defined- Section 114(t)(4)(E) of such title is amended by striking `Select'.
(f) Priority Status- Section 114(t)(5)(B) of such title is amended--
(1) by striking `and' at the end of clause (iii);
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
`(iv) the transportation sector specific plan required under Homeland Security Presidential Directive 7; and'.
(g) Coordination; Plan Distribution- Section 114(t) of such title is amended by adding at the end the following:
`(6) COORDINATION- In carrying out the responsibilities
set forth in this section, the Secretary of Homeland Security, working
with the Secretary of Transportation, shall consult with Federal,
State, and local agencies, tribal governments, private sector entities
(including nonprofit employee labor organizations), institutions of
higher learning, and other appropriate entities.
`(7) PLAN DISTRIBUTION- The Secretary of Homeland
Security shall provide an unclassified version of the National Strategy
for Transportation Security to Federal, State, and local agencies,
tribal governments, private sector entities (including nonprofit
employee labor organizations), institutions of higher learning, and
other appropriate entities.'.
TITLE XI--PRIVATE SECTOR PREPAREDNESS
SEC. 1101. PARTICIPATION OF PRIVATE SECTOR ORGANIZATIONS IN EMERGENCY PREPAREDNESS AND RESPONSE ACTIVITIES.
(a) Establishment of Preparedness Program- Section 519 of the Homeland Security Act of 2002 (6 U.S.C. 318) is amended--
(1) by striking the section heading and inserting the following:
`SEC. 519. PARTICIPATION OF PRIVATE SECTOR ORGANIZATIONS IN EMERGENCY PREPAREDNESS AND RESPONSE ACTIVITIES.';
(2) by inserting `(a) Use of Private Sector Networks in Emergency Response- ' before `To the maximum'; and
(3) by adding at the end the following:
`(b) Private Sector Emergency Preparedness Program-
`(1) PREPAREDNESS PROGRAM- Not later than 90 days after
the date of enactment of this subsection, the Secretary shall develop
and implement a program to enhance private sector preparedness for acts
of terrorism and other emergencies and disasters through the promotion
of the use of voluntary consensus standards.
`(2) PROGRAM ELEMENTS- In carrying out the program, the
Secretary shall develop guidance and identify best practices to assist
or foster action by the private sector in--
`(A) identifying hazards and assessing risks and impacts;
`(B) mitigating the impacts of a wide variety of hazards, including weapons of mass destruction;
`(C) managing necessary emergency preparedness and response resources;
`(D) developing mutual aid agreements;
`(E) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures;
`(F) developing and conducting training and
exercises to support and evaluate emergency preparedness and response
plans and operational procedures;
`(G) developing and conducting training programs
for security guards to implement emergency preparedness and response
plans and operations procedures; and
`(H) developing procedures to respond to external requests for information from the media and the public.
`(A) IN GENERAL- The Secretary shall support the
development of, promulgate, and regularly update as necessary national
voluntary consensus standards for private sector emergency preparedness
that will enable private sector organizations to achieve optimal levels
of emergency preparedness as soon as practicable. Such standards shall
include the National Fire Protection Association 1600 Standard on
Disaster/Emergency Management and Business Continuity Programs.
`(B) CONSULTATION- The Secretary shall carry out
paragraph (1) in consultation with the Assistant Secretary for
Infrastructure Protection, the Assistant Secretary for Cyber Security
and Communications, the Under Secretary for Science and Technology, the
Director of the Federal Emergency Management Agency, and the Special
Assistant to the Secretary for the Private Sector.
`(4) COORDINATION- The Secretary shall coordinate the program with, and utilize to the maximum extent practicable--
`(A) the voluntary standards for disaster and
emergency management and business continuity programs accredited by the
American National Standards Institute and developed by the National
Fire Protection Association; and
`(B) any existing private sector emergency
preparedness guidance or best practices developed by private sector
industry associations or other organizations.'.
(b) Conforming Amendment- The table of contents contained
in section 1(b) of such Act is amended by striking the item relating to
section 519 and inserting the following:
`Sec. 519. Participation of private sector organizations in emergency preparedness and response activities.'.
TITLE XII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM
SEC. 1201. FINDINGS.
(a) Findings of the 9/11 Commission- Congress finds that the 9/11 Commission made the following determinations:
(1) The United States Government has made insufficient
progress, and receives a grade `D', on efforts to prevent weapons of
mass destruction (WMD) proliferation and terrorism.
(2) The Cooperative Threat Reduction (CTR) program has
made significant accomplishments, but much remains to be done to secure
weapons-grade nuclear materials. The size of the problem still dwarfs
the policy response. Nuclear materials in the former Soviet Union still
lack effective security protection, and sites throughout the world
contain enough highly-enriched uranium to fashion a nuclear device but
lack even basic security features.
(3) Preventing the proliferation of WMD and acquisition
of such weapons by terrorists warrants a maximum effort, by
strengthening counter-proliferation efforts, expanding the
Proliferation Security Initiative (PSI), and supporting the Cooperative
Threat Reduction (CTR) Program.
(4) Preventing terrorists from gaining access to WMD
must be an urgent national security priority because of the threat such
access poses to the American people. The President should develop a
comprehensive plan to dramatically accelerate the timetable for
securing all nuclear weapons-usable material around the world and
request the necessary resources to complete this task. The President
should publicly state this goal and ensure its fulfillment.
(5) Congress should provide the resources needed to secure vulnerable materials as quickly as possible.
(b) Recommendations of 9/11 Commission- Congress further
finds that the 9/11 Commission has made the following recommendations:
(1) STRENGTHEN `COUNTER-PROLIFERATION' EFFORTS- The
United States should work with the international community to develop
laws and an international legal regime with universal jurisdiction to
enable any state in the world to capture, interdict, and prosecute
smugglers of nuclear material.
(2) EXPAND THE PROLIFERATION SECURITY INITIATIVE- In
carrying out the Proliferation Security Initiative (PSI), the United
States should--
(A) use intelligence and planning resources of the North Atlantic Treaty Organization (NATO) alliance;
(B) make participation open to non-NATO countries; and
(C) encourage Russia and the People's Republic of China to participate.
(3) SUPPORT THE COOPERATIVE THREAT REDUCTION PROGRAM-
The United States should expand, improve, increase resources for, and
otherwise fully support the Cooperative Threat Reduction (CTR) program.
SEC. 1202. DEFINITIONS.
(1) The terms `prevention of weapons of mass
destruction proliferation and terrorism' and `prevention of WMD
proliferation and terrorism' include activities under--
(A) the programs specified in section 1501(b) of
the National Defense Authorization Act for Fiscal Year 1997 (Public Law
104-201; 110 Stat. 2731; 50 U.S.C. 2362 note);
(B) the programs for which appropriations are
authorized by section 3101(a)(2) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116 Stat.
2458);
(C) programs authorized by section 504 of the
Freedom for Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992 (the FREEDOM Support Act) (22 U.S.C. 5854) and
programs authorized by section 1412 of the Former Soviet Union
Demilitarization Act of 1992 (22 U.S.C. 5902); and
(D) a program of any agency of the Federal
Government having a purpose similar to that of any of the programs
identified in subparagraphs (A) through (C), as designated by the
United States Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism and the head of the agency.
(2) The terms `weapons of mass destruction' and `WMD'
mean chemical, biological, and nuclear weapons, and chemical,
biological, and nuclear materials that can be used in the manufacture
of such weapons.
(3) The term `items of proliferation concern' means
equipment or other materials that could be used to develop WMD or for
activities involving WMD.
Subtitle A--Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism
SEC. 1211. REPEAL AND MODIFICATION OF LIMITATIONS ON
ASSISTANCE FOR PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION
AND TERRORISM.
Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction (WMD) proliferation and
terrorism as follows:
(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991-
Section 211(b) of the Soviet Nuclear Threat Reduction Act of 1991
(title II of Public Law 102-228; 22 U.S.C. 2551 note) is repealed.
(2) COOPERATIVE THREAT REDUCTION ACT OF 1993- Section
1203(d) of the Cooperative Threat Reduction Act of 1993 (title XII of
Public Law 103-160; 22 U.S.C. 5952(d)) is repealed.
(3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES-
Section 1305 of the National Defense Authorization Act for Fiscal Year
2000 (Public Law 106-65; 22 U.S.C. 5952 note) is repealed.
(4) AUTHORITY TO USE COOPERATIVE THREAT REDUCTION FUNDS
OUTSIDE THE FORMER SOVIET UNION--MODIFICATION OF CERTIFICATION
REQUIREMENT; REPEAL OF FUNDING LIMITATION; CONGRESSIONAL NOTICE
REQUIREMENT- Section 1308 of the National Defense Authorization Act for
Fiscal Year 2004 (Public Law 108-136; 22 U.S.C. 5963) is amended--
(i) by striking `the President may' and inserting `the Secretary of Defense may'; and
(ii) by striking `if the President' and
inserting `if the Secretary of Defense, with the concurrence of the
Secretary of State,';
(B) by striking subsection (c);
(C) in subsection (d)(1)--
(i) by striking `The President may not' and inserting `The Secretary of Defense may not'; and
(ii) by striking `until the President' and inserting `until the Secretary of Defense';
(D) in subsection (d)(2)--
(i) by striking `Not later than 10 days after' and inserting `Not later than 15 days prior to';
(ii) by striking `the President shall' and inserting `the Secretary of Defense shall'; and
(iii) by striking `Congress' and inserting `the
Committee on Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services and
Committee on Foreign Relations of the Senate'; and
(E) in subsection (d) by adding at the end the following:
`(3) In the case of a situation that threatens human life
or safety or where a delay would severely undermine the national
security of the United States, notification under paragraph (2) shall
be made not later than 10 days after obligating funds under the
authority in subsection (a) for a project or activity.'.
(5) AUTHORITY TO USE INTERNATIONAL NUCLEAR MATERIALS
PROTECTION AND COOPERATION PROGRAM FUNDS OUTSIDE THE FORMER SOVIET
UNION--MODIFICATION OF CERTIFICATION REQUIREMENT; REPEAL OF FUNDING
LIMITATION; CONGRESSIONAL NOTICE REQUIREMENT- Section 3124 of the
National Defense Authorization Act for Fiscal Year 2004 (Public Law
108-136; 117 Stat. 1747) is amended--
(i) by striking `the President may' and inserting `the Secretary of Energy may'; and
(ii) by striking `if the President' and
inserting `if the Secretary of Energy, with the concurrence of the
Secretary of State,';
(B) by striking subsection (c);
(C) in subsection (d)(1)--
(i) by striking `The President may not' and inserting `The Secretary of Energy may not'; and
(ii) by striking `until the President' and inserting `until the Secretary of Energy';
(D) in subsection (d)(2)--
(i) by striking `Not later than 10 days after' and inserting `Not later than 15 days prior to';
(ii) by striking `the President shall' and inserting `the Secretary of Energy shall'; and
(iii) by striking `Congress' and inserting `the
Committee on Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services and
Committee on Foreign Relations of the Senate'; and
(E) in subsection (d) by adding at the end the following:
`(3) In the case of a situation that threatens human life
or safety or where a delay would severely undermine the national
security of the United States, notification under paragraph (2) shall
be made not later than 10 days after obligating funds under the
authority in subsection (a) for a project or activity.'.
Subtitle B--Proliferation Security Initiative
SEC. 1221. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND AUTHORITIES.
(a) Sense of Congress- It is the sense of Congress,
consistent with the 9/11 Commission's recommendations, that the
President should strive to expand and strengthen the Proliferation
Security Initiative (PSI) announced by the President on May 31, 2003,
with a particular emphasis on the following:
(1) Issuing a presidential directive to the relevant
government agencies and departments that establishes a defined annual
budget and clear authorities, and provides other necessary resources
and structures to achieve more efficient and effective performance of
United States PSI-related activities.
(2) Working with the United Nations Security Council to develop a resolution to authorize the PSI under international law.
(3) Increasing PSI cooperation with non-NATO partners.
(4) Implementing the recommendations of the Government
Accountability Office (GAO) in the September 2006 report titled `Better
Controls Needed to Plan and Manage Proliferation Security Initiative
Activities' (GAO-06-937C), including the following:
(A) The Department of Defense and the Department of
State should establish clear PSI roles and responsibilities, policies
and procedures, interagency communication mechanisms, documentation
requirements, and indicators to measure program results.
(B) The Department of Defense and the Department of
State should develop a strategy to work with PSI-participating
countries to resolve issues that are impediments to conducting
successful PSI interdictions.
(5) Expanding and formalizing the PSI into a
multilateral regime to increase coordination, cooperation, and
compliance among its participating states in interdiction activities.
(b) Budget Submission- The Secretary of State and the
Secretary of Defense shall submit a defined budget for the PSI,
beginning with the budget submissions for their respective departments
for fiscal year 2009.
(c) Implementation Report- Not later than 180 days after
the date of the enactment of this Act, the President shall transmit to
the Committee on Armed Services and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Armed Services and
the Committee on Foreign Relations of the Senate a report on the
implementation of this section. The report shall include--
(1) the steps taken to implement the recommendations described in paragraph (4) of subsection (a); and
(2) the progress made toward implementing the matters described in paragraphs (1), (2), (3), and (5) of subsection (a).
(d) GAO Annual Report- The Government Accountability Office
shall submit to Congress, beginning in fiscal year 2007, an annual
report with its assessment of the progress and effectiveness of the
PSI, which shall include an assessment of the measures referred to in
subsection (a).
SEC. 1222. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.
(a) In General- The President is authorized to provide, on
such terms as the President considers appropriate, assistance under
subsection (b) to any country that cooperates with the United States
and with other countries allied with the United States to prevent the
transport and transshipment of items of proliferation concern in its
national territory or airspace or in vessels under its control or
registry.
(b) Types of Assistance- The assistance authorized under subsection (a) consists of the following:
(1) Assistance under section 23 of the Arms Export Control Act (22 U.S.C. 2763).
(2) Assistance under chapters 4 (22 U.S.C. 2346 et
seq.) and 5 (22 U.S.C. 2347 et seq.) of part II of the Foreign
Assistance Act of 1961.
(3) Drawdown of defense excess defense articles and
services under section 516 of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j).
(c) Congressional Notification- Assistance authorized under
this section may not be provided until at least 30 days after the date
on which the President has provided notice thereof to the Committee on
Armed Services, the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives and the Committee on
Armed Services, the Committee on Foreign Relations, and the Committee
on Appropriations of the Senate, in accordance with the procedures
applicable to reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)), and has certified
to such committees that such assistance will be used in accordance with
the requirement of subsection (e) of this section.
(d) Limitation- Assistance may be provided to a country under section (a) in no more than three fiscal years.
(e) Use of Assistance- Assistance provided under this
section shall be used to enhance the capability of the recipient
country to prevent the transport and transshipment of items of
proliferation concern in its national territory or airspace, or in
vessels under its control or registry, including through the
development of a legal framework in that country, consistent with any
international laws or legal authorities governing the PSI, to enhance
such capability by criminalizing proliferation, enacting strict export
controls, and securing sensitive materials within its borders, and to
enhance the ability of the recipient country to cooperate in operations
conducted with other participating countries.
(f) Limitation on Ship or Aircraft Transfers to
Uncooperative Countries- Notwithstanding any other provision of law,
the United States may not transfer any excess defense article that is a
vessel or an aircraft to a country that has not agreed that it will
support and assist efforts by the United States to interdict items of
proliferation concern until thirty days after the date on which the
President has provided notice of the proposed transfer to the
appropriate congressional committees in accordance with the procedures
applicable to reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)), in addition to
any other requirement of law.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism
SEC. 1231. FINDINGS; STATEMENT OF POLICY.
(a) Findings- Congress is aware that certain United States
threat reduction and nonproliferation programs have in past years
encountered obstacles to timely obligating and executing the full
amount of appropriated funds, and that certain United States threat
reduction and nonproliferation programs currently encounter such
obstacles and therefore maintain unobligated and uncosted balances.
Such obstacles include lack of effective policy guidance, limits on
program scope, practical inefficiencies, lack of cooperation with other
countries, and lack of effective leadership to overcome such obstacles.
(b) Statement of Policy- It shall be the policy of the
United States, consistent with the 9/11 Commission's recommendations,
to eliminate the obstacles described in subsection (a) with concrete
measures, such as those described in this title, to accelerate and
strengthen progress on preventing weapons of mass destruction (WMD)
proliferation and terrorism. Such measures described in this title
include the removal and modification of statutory limits to executing
funds, the expansion and strengthening of the PSI, the establishment of
the Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism under subtitle
D, and the establishment of the Commission on the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism under subtitle E. As a
result, Congress intends that any funds authorized to be appropriated
to programs for preventing WMD proliferation and terrorism under this
section will be executed in a timely manner.
SEC. 1232. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2007- In addition to any other amounts
authorized to be appropriated, there are authorized to be appropriated
to the Department of Defense Cooperative Threat Reduction Program such
sums as may be necessary for fiscal year 2007 for the following
purposes:
(1) Biological weapons proliferation prevention.
(2) Chemical weapons destruction at Shchuch'ye, Russia.
(3) Acceleration, expansion, and strengthening of all CTR activities.
(b) Future Years- It is the sense of Congress that in
fiscal year 2008 and future fiscal years, the President should
accelerate and expand funding for Cooperative Threat Reduction programs
administered by the Department of Defense and such efforts should
include, beginning upon enactment of this Act, encouraging additional
commitments by the Russian Federation and other partner nations, as
recommended by the 9/11 Commission.
SEC. 1233. AUTHORIZATION OF APPROPRIATIONS FOR THE
DEPARTMENT OF ENERGY PROGRAMS TO PREVENT WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
In addition to any other amounts authorized to be
appropriated, there are authorized to be appropriated to the Department
of Energy National Nuclear Security Administration such sums as may be
necessary for fiscal year 2007 for programs to prevent weapons of mass
destruction (WMD) proliferation and terrorism, to be used as follows:
(1) To accelerate, expand, and strengthen the Global Threat Reduction Initiative (GTRI), with a particular emphasis on--
(A) the Russian research reactor fuel return program;
(B) international radiological threat reduction;
(C) emerging threats and gap material; and
(D) development of quick response and short-term capabilities to secure and remove WMD materials throughout the world.
(2) To accelerate, expand, and strengthen the
Nonproliferation and International Security (NIS) program, with a
particular emphasis on--
(A) global security and engagement, and cooperation with the People's Republic of China, India, and other states;
(B) activities to address emerging proliferation concerns in North Korea, Iran, and elsewhere;
(C) participation in negotiations regarding North Korea's nuclear programs;
(D) inter-agency participation in the Proliferation Security Initiative (PSI);
(E) technical and other assistance to the
International Atomic Energy Agency (IAEA) to support efforts to
increase the IAEA's capacity to secure vulnerable WMD materials
worldwide and prevent WMD proliferation and terrorism;
(F) efforts to increase United States ability to
help states around the world place the `effective controls' on WMD and
related materials and technology mandated by United Nations Security
Council Resolution 1540 (2004);
(G) cooperation on international safeguards and export controls in South Asia, the Middle East, and other regions;
(H) efforts to strengthen United States commitments to international regimes and agreements; and
(I) establishment of a contingency fund for opportunities to prevent WMD proliferation and terrorism that arise.
(3) To accelerate, expand, and strengthen the
International Materials Protection, Control and Accounting (MPC&A)
program, with a particular emphasis on--
(A) implementation of physical protection and material control and accounting upgrades at sites;
(B) national programs and sustainability activities in Russia;
(C) material consolidation and conversion
(including significant acceleration of the down-blending of
highly-enriched uranium to low-enriched uranium, the removal of
highly-enriched uranium from facilities, and international
participation in these efforts);
(D) efforts to strengthen cooperation with Russia;
(E) implementation of Second Line of Defense Megaports agreements;
(F) implementation of Department of Energy actions
under the Security and Accountability for Every Port Act of 2006 (also
known as the SAFE Port Act; Public Law 109-347); and
(G) promoting and facilitating worldwide the
promulgation of best practices for security of weapons usable and other
nuclear materials.
(4) To accelerate, expand, and strengthen the Research and Development program, with a particular emphasis on--
(A) improvement of United States government
capability for both short and long-term, and innovative, research and
development that addresses emerging WMD proliferation and terrorism
concerns and will maintain United States technological advantage,
including the capacity to detect nuclear material origin, uranium
enrichment, and plutonium reprocessing; and
(B) efforts to significantly expand the scientific
research and development skills and resources available to the
Department of Energy's programs to prevent WMD proliferation and
terrorism.
Subtitle D--Office of the United States Coordinator
for the Prevention of Weapons of Mass Destruction Proliferation and
Terrorism
SEC. 1241. OFFICE OF THE UNITED STATES COORDINATOR FOR THE
PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.
(a) Establishment- There is established within the
Executive Office of the President an office to be known as the `Office
of the United States Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism' (in this subtitle referred to
as the `Office').
(1) UNITED STATES COORDINATOR- The head of the Office
shall be the United States Coordinator of the Office (in this subtitle
referred to as the `Coordinator').
(2) DEPUTY UNITED STATES COORDINATOR- There shall be a
Deputy United States Coordinator of the Office (in this subtitle
referred to as the `Deputy Coordinator'), who shall--
(A) assist the Coordinator in carrying out the responsibilities of the Coordinator under this subtitle; and
(B) serve as Acting Coordinator in the absence of the Coordinator and during any vacancy in the office of Coordinator.
(3) APPOINTMENT- The Coordinator and Deputy Coordinator
shall be appointed by the President, by and with the advice and consent
of the Senate, and shall be responsible on a full-time basis for the
duties and responsibilities described in this section.
(4) LIMITATION- No person shall serve as Coordinator or
Deputy Coordinator while serving in any other position in the Federal
Government.
(c) Duties- The responsibilities of the Coordinator shall include the following:
(1) Serving as the advisor to the President on all
matters relating to the prevention of weapons of mass destruction (WMD)
proliferation and terrorism.
(2) Formulating a comprehensive and well-coordinated
United States strategy and policies for preventing WMD proliferation
and terrorism, including--
(A) measurable milestones and targets to which departments and agencies can be held accountable;
(B) identification of gaps, duplication, and other
inefficiencies in existing activities, initiatives, and programs and
the steps necessary to overcome these obstacles;
(C) plans for preserving the nuclear security
investment the United States has made in Russia, the former Soviet
Union, and other countries;
(D) prioritized plans to accelerate, strengthen,
and expand the scope of existing initiatives and programs, which
include identification of vulnerable sites and material and the
corresponding actions necessary to eliminate such vulnerabilities;
(E) new and innovative initiatives and programs to
address emerging challenges and strengthen United States capabilities,
including programs to attract and retain top scientists and engineers
and strengthen the capabilities of United States national laboratories;
(F) plans to coordinate United States activities,
initiatives, and programs relating to the prevention of WMD
proliferation and terrorism, including those of the Department of
Energy, Department of Defense, Department of State, and Department of
Homeland Security, and including the Proliferation Security Initiative,
the G-8 Global Partnership Against the Spread of Weapons and Materials
of Mass Destruction, United Nations Security Council Resolution 1540,
and the Global Initiative to Combat Nuclear Terrorism;
(G) plans to strengthen United States commitments
to international regimes and significantly improve cooperation with
other countries relating to the prevention of WMD proliferation and
terrorism, with particular emphasis on work with the international
community to develop laws and an international legal regime with
universal jurisdiction to enable any state in the world to interdict
and prosecute smugglers of WMD material, as recommended by the 9/11
Commission; and
(H) identification of actions necessary to
implement the recommendations of the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism established
under subtitle E of this title.
(3) Leading inter-agency coordination of United States
efforts to implement the strategy and policies described in this
section.
(4) Conducting oversight and evaluation of accelerated
and strengthened implementation of initiatives and programs to prevent
WMD proliferation and terrorism by relevant government departments and
agencies.
(5) Overseeing the development of a comprehensive and
coordinated budget for programs and initiatives to prevent WMD
proliferation and terrorism, ensuring that such budget adequately
reflects the priority of the challenges and is effectively executed,
and carrying out other appropriate budgetary authorities.
(d) Staff- The Coordinator may appoint and terminate such
personnel as may be necessary to enable the Coordinator to perform his
or her duties.
(e) Consultation With Commission- The Office and the
Coordinator shall regularly consult with and strive to implement the
recommendations of the Commission on the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism, established under subtitle E
of this title.
(f) Annual Report on Strategic Plan- For fiscal year 2009
and each fiscal year thereafter, the Coordinator shall submit to
Congress, at the same time as the submission of the budget for that
fiscal year under title 31, United States Code, a report on the
strategy and policies developed pursuant to subsection (c)(2), together
with any recommendations of the Coordinator for legislative changes
that the Coordinator considers appropriate with respect to such
strategy and policies and their implementation or the Office of the
Coordinator.
SEC. 1242. REQUEST FOR CORRESPONDING RUSSIAN COORDINATOR.
It is the sense of the Congress that, as soon as practical,
the President should personally request the President of the Russian
Federation to designate an official of the Russian Federation having
authorities and responsibilities for preventing weapons of mass
destruction (WMD) proliferation and terrorism commensurate with those
of the Coordinator, and with whom the Coordinator should coordinate
planning and implementation of activities in the Russian Federation
having the purpose of preventing WMD proliferation and terrorism.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
SEC. 1251. COMMISSION ON THE PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.
There is established the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in this
subtitle referred to as the `Commission').
SEC. 1252. PURPOSES.
(a) In General- The purposes of the Commission are to--
(1) assess current activities, initiatives, and programs to prevent WMD proliferation and terrorism; and
(2) provide a clear and comprehensive strategy and concrete recommendations for such activities, initiatives, and programs.
(b) In Particular- The Commission shall give particular
attention to activities, initiatives, and programs to secure all
nuclear weapons-usable material around the world and to significantly
accelerate, expand, and strengthen, on an urgent basis, United States
and international efforts to prevent, stop, and counter the spread of
nuclear weapons capabilities and related equipment, material, and
technology to terrorists and states of concern.
SEC. 1253. COMPOSITION.
(a) Members- The Commission shall be composed of 9 members, of whom--
(1) 3 members shall be appointed by the President;
(2) 2 members shall be appointed by the majority leader of the Senate;
(3) 1 member shall be appointed by the minority leader of the Senate;
(4) 2 members shall be appointed by the Speaker of the House of Representatives; and
(5) 1 member shall be appointed by the minority leader of the House of Representatives.
(b) Co-Chairmen- The Commission shall have two co-chairmen
designated from among the members of the Commission. Of the
co-chairmen--
(1) 1 shall be designated by the President; and
(2) 1 shall be designated jointly by the majority leader of the Senate and the Speaker of the House of Representatives.
(c) Deadline for Appointment- All members of the Commission
shall be appointed within 90 days of the date of the enactment of this
Act.
(d) Initial Meeting- The Commission shall meet and begin the operations of the Commission as soon as practicable.
(e) Quorum; Vacancies- After its initial meeting, the
Commission shall meet upon the call of the co-chairmen or a majority of
its members. Six members of the Commission shall constitute a quorum.
Any vacancy in the Commission shall not affect its powers, but shall be
filled in the same manner in which the original appointment was made.
SEC. 1254. RESPONSIBILITIES.
(a) In General- The Commission shall address--
(1) the roles, missions, and structure of all relevant
government departments, agencies, and other actors, including the
Office of the United States Coordinator for the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism established under
subtitle D of this title;
(2) inter-agency coordination;
(3) United States commitments to international regimes and cooperation with other countries; and
(4) the threat of weapons of mass destruction
proliferation and terrorism to the United States and its interests and
allies, including the threat posed by black-market networks, and the
effectiveness of the responses by the United States and the
international community to such threats.
(b) Follow-on Baker-Cutler Report- The Commission shall
also reassess, and where necessary update and expand on, the
conclusions and recommendations of the report titled `A Report Card on
the Department of Energy's Nonproliferation Programs with Russia' of
January 2001 (also known as the `Baker-Cutler Report') and
implementation of such recommendations.
SEC. 1255. POWERS.
(a) Hearings and Evidence- The Commission or, on the
authority of the Commission, any subcommittee or member thereof, may,
for the purpose of carrying out this subtitle, hold such hearings and
sit and act at such times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission or such designate
subcommittee or designated member may determine advisable.
(b) Contracting- The Commission may, to such extent and in
such amounts as are provided in appropriations Acts, enter into
contracts to enable the Commission to discharge its duties under this
subtitle.
(c) Information From Federal Agencies-
(1) IN GENERAL- The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or instrumentality of
the Government, information, suggestions, estimates, and statistics for
the purposes of this subtitle. Each department, bureau, agency, board,
commission, office, independent establishment, or instrumentality
shall, to the extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the Commission, upon
request made by the co-chairmen, the chairman of any subcommittee
created by a majority of the Commission, or any member designated by a
majority of the Commission.
(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION-
Information shall only be received, handled, stored, and disseminated
by members of the Commission and its staff consistent with all
applicable statutes, regulations, and Executive orders.
(d) Assistance From Federal Agencies-
(1) GENERAL SERVICES ADMINISTRATION- The Administrator
of General Services shall provide to the Commission on a reimbursable
basis administrative support and other services for the performance of
the Commission's functions.
(2) OTHER DEPARTMENTS AND AGENCIES- In addition to the
assistance prescribed in paragraph (1), departments and agencies of the
United States may provide to the Commission such services, funds,
facilities, staff, and other support services as they may determine
advisable and as may be authorized by law.
(e) Gifts- The Commission may accept, use, and dispose of gifts or donations of services or property.
(f) Postal Services- The Commission may use the United
States mails in the same manner and under the same conditions as
departments and agencies of the United States.
SEC. 1256. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports- The Commission shall--
(1) hold public hearings and meetings to the extent appropriate; and
(2) release public versions of the report required under section 1257.
(c) Public Hearings- Any public hearings of the Commission
shall be conducted in a manner consistent with the protection of
information provided to or developed for or by the Commission as
required by any applicable statute, regulation, or Executive order.
SEC. 1257. REPORT.
Not later than 180 days after the appointment of the
Commission, the Commission shall submit to the President and Congress a
final report containing such findings, conclusions, and recommendations
for corrective measures as have been agreed to by a majority of
Commission members.
SEC. 1258. TERMINATION.
(a) In General- The Commission, and all the authorities of
this subtitle, shall terminate 60 days after the date on which the
final report is submitted under section 1257.
(b) Administrative Activities Before Termination- The
Commission may use the 60-day period referred to in subsection (a) for
the purpose of concluding its activities, including providing testimony
to committees of Congress concerning its report and disseminating the
final report.
TITLE XIII--NUCLEAR BLACK MARKET COUNTER-TERRORISM ACT
SEC. 1301. SHORT TITLE.
This title may be cited as the `Nuclear Black Market Counter-Terrorism Act of 2007'.
SEC. 1302. DEFINITIONS.
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term
`appropriate congressional committees' means the Committee on Foreign
Affairs, the Committee on Armed Services, the Permanent Select
Committee on Intelligence, and the Committee on Appropriations of the
House of Representatives, and the Committee on Foreign Relations, the
Committee on Armed Services, the Select Committee on Intelligence, and
the Committee on Appropriations of the Senate.
(2) FOREIGN PERSON- The term `foreign person'--
(A) means any person who is not a citizen or
national of the United States or lawfully admitted to the United States
for permanent residence under the Immigration and Nationality Act;
(B) includes any foreign corporation, international organization, or foreign government; and
(C) includes, for purposes of subsections (a) and
(b) of section 1311, successors, assigns, subsidiaries, and subunits of
the person described in subparagraph (A) or (B) (as the case may be),
and other business organizations or associations in which that person
may be deemed to have a controlling interest.
(3) PERSON- The term `person'--
(A) means a natural person as well as a
corporation, business association, partnership, society, trust, any
other nongovernmental entity, organization, or group, and any
governmental entity, or subsidiary, subunit, or parent entity thereof,
and any successor of any such entity; and
(B) in the case of a country where it may be
impossible to identify a specific governmental entity referred to in
subparagraph (A), means all activities of that government relating to
the development or production of any nuclear equipment or technology.
(4) UNITED STATES FOREIGN ASSISTANCE- The term `United
States foreign assistance' means assistance under the foreign
operations, export financing, and related programs appropriations Act
for a fiscal year, and assistance under the Foreign Assistance Act of
1961.
Subtitle A--Sanctions for Transfers of Nuclear
Enrichment, Reprocessing, and Weapons Technology, Equipment, and
Materials Involving Foreign Persons and Terrorists
SEC. 1311. AUTHORITY TO IMPOSE SANCTIONS ON FOREIGN PERSONS.
(a) Determination of Nuclear Activities by Foreign Persons-
(1) DETERMINATION- Notwithstanding any other provision
of law, the President shall impose the sanctions described in
subsection (b) whenever the President determines that a foreign person,
on or after the date of the enactment of this Act, participated in the
export, transfer or trade of--
(A) nuclear enrichment or reprocessing equipment,
materials, or technology to any non-nuclear-weapon state (as defined in
section 102(c) of the Arms Export Control Act) that--
(i) does not possess functioning nuclear enrichment or reprocessing plants as of January 1, 2004; and
(ii)(I) does not have in force an additional
protocol with the International Atomic Energy Agency for the
application of safeguards (as derived from IAEA document INFCIRC/540
and related corrections and additions); or
(II) is developing, manufacturing, or acquiring a nuclear explosive device; or
(B) any nuclear explosive device, or design
information or component, equipment, materials, or other items or
technology that--
(i) is designated for national export controls
under the Nuclear Supplier Group Guidelines for the Export of Nuclear
Material, Equipment and Technology (published by the International
Atomic Energy Agency as IAEA document INFCIRC/254/Rev. 6/Part 1 and
subsequent revisions) and the Guidelines for Transfers of
Nuclear-Related Dual-Use Equipment, Materials, Software and Related
Technology (published as IAEA document INFCIRC/254/Rev. 5/ Part 2 and
subsequent revisions); and
(ii) contributes to the development, manufacture, or acquisition of a nuclear explosive device by--
(I) a non-nuclear weapon state; or
(2) DEFINITION- For purposes of paragraph (1), the term
`participated' means sold, transferred, brokered, financed, assisted,
delivered, or otherwise provided or received, and includes any
conspiracy or attempt to engage in any of such activities, as well as
facilitating such activities by any other person.
(b) Sanctions- The sanctions referred to in subsection (a) that are to be imposed on a foreign person are the following:
(1) No assistance may be provided to the foreign person
under the Foreign Assistance Act of 1961, and the foreign person may
not participate in any assistance program of the United States
Government. Any such assistance being provided to the foreign person,
and any participation in such assistance program by the foreign person,
on the date on which the sanction under this paragraph is imposed shall
be terminated as of such date.
(2) The United States Government may not export to the
foreign person, or grant a license or other approval to export to or
import from the foreign person of, any defense articles, defense
services, or design or construction services under the Foreign
Assistance Act of 1961 or the Arms Export Control Act. Any contract to
export such articles or services, or license or approval to export or
import, under either such Act, that is in effect on the date on which
the sanction under this paragraph is imposed shall be terminated as of
such date.
(3) Licenses or any other approval may not be issued
for the export to the foreign person of any goods or technology subject
to the jurisdiction of the Export Administration Regulations under
chapter VII of title 15, Code of Federal Regulations (or successor
regulations), other than food and other agricultural commodities,
medicines and medical equipment. Any such license or approval that is
in effect on the on the date on which the sanction under this paragraph
is imposed, shall be terminated as of such date.
(4) No department or agency of the United States
Government may procure, or enter into any contract for the procurement
of, any goods or services from the foreign person. The Secretary of the
Treasury shall prohibit the importation into the United States of
goods, technology, or services produced or provided by the foreign
person, other than information or informational materials within the
meaning of section 203(b)(3) of the International Emergency Economic
Powers Act (50 U.S.C. 1702(b)(3)).
(c) Period Sanctions in Effect- The sanctions referred to
in subsection (b) should be imposed for not less than two years, but
may be imposed for longer periods. The President may suspend after one
year any sanction imposed pursuant to this section 15 days after
submitting to the appropriate congressional committees a report
explaining--
(1) the reasons for suspending the sanction;
(2) how the purposes of this title and United States national security are furthered by such suspension; and
(3) what measures the United States will take or is
taking to ensure that the foreign person will not engage in similar
activities in the future.
(d) Waiver Authority- The President may waive the
imposition of any sanction under subsection (b) if the President
certifies to the appropriate congressional committees that the waiver--
(1) is important to the national security interests of the United States; and
(2) would further the purposes of this title.
SEC. 1312. PRESIDENTIAL NOTIFICATION ON ACTIVITIES OF FOREIGN PERSONS.
(a) Reports to Congress- Not later than 180 days after the
date of enactment of this Act, and not later than January 31 of each
year thereafter, the President shall submit to the appropriate
congressional committees a report detailing any activity by any foreign
person described in section 1311. This report shall also include a
description of any sanctions that have been imposed and their duration.
(b) Publication- When the President imposes sanctions under
section 1311, the President shall, to the maximum extent possible in
unclassified form, publish in the Federal Register, not later than 15
days after reporting such sanctions to the appropriate congressional
committees under subsection (a), the identity of each sanctioned
foreign person, the period for which sanctions will be in effect, and
the reasons for the sanctions.
Subtitle B--Further Actions Against Corporations Associated With Sanctioned Foreign Persons
SEC. 1321. FINDINGS.
The Congress finds the following:
(1) Foreign persons and corporations engaging in
nuclear black-market activities are motivated by reasons of commercial
gain and profit.
(2) Sanctions targeted solely against the business
interests of the sanctioned person or business concern may be
unsuccessful in halting these proliferation activities, as the
sanctions may be seen merely as the cost of doing business, especially
if the business interests of the parent or subsidiary corporate
entities are unaffected by the sanctions.
(3) Such narrow targeting of sanctions creates the
incentive to create shell and `carve-out' corporate entities to perform
the proliferation activities and attract sanctions, leaving all other
aspects of the larger corporation unaffected.
(4) To dissuade corporations from allowing their
associated commercial entities or persons from engaging in
proliferation black-market activities, they must also be made to suffer
financial loss and commercial disadvantage, and parent and subsidiary
commercial enterprises must be held responsible for the proliferation
activities of their associated entities.
(5) If a corporation perceives that the United States
Government will do everything possible to make its commercial activity
difficult around the world, then that corporation has a powerful
commercial incentive to prevent any further proliferation activity by
its associated entities.
(6) Therefore, the United States Government should seek
to increase the risk of commercial loss for associated corporate
entities for the proliferation actions of their subsidiaries.
SEC. 1322. CAMPAIGN BY UNITED STATES GOVERNMENT OFFICIALS.
The President shall instruct all agencies of the United
States Government to make every effort in their interactions with
foreign government and business officials to persuade foreign
governments and relevant corporations not to engage in any business
transaction with a foreign person sanctioned under section 1311,
including any entity that is a parent or subsidiary of the sanctioned
foreign person, for the duration of the sanctions.
SEC. 1323. COORDINATION.
The Secretary of State shall coordinate the actions of the United States Government under section 1322.
SEC. 1324. REPORT.
Not later than one year after the date of the enactment of
this Act and annually thereafter, the Secretary of State shall report
to the appropriate congressional committees on the actions taken by the
United States to carry out section 1322.
Subtitle C--Rollback of Nuclear Proliferation Networks
SEC. 1331. NONPROLIFERATION AS A CONDITION OF UNITED STATES ASSISTANCE.
United States foreign assistance should only be provided to countries that--
(1) are not cooperating with any non-nuclear-weapon
state or any foreign group or individual who may be engaged in,
planning, or assisting any international terrorist group in the
development of a nuclear explosive device or its means of delivery and
are taking all necessary measures to prevent their nationals and other
persons and entities subject to their jurisdiction from participating
in such cooperation; and
(2) are fully and completely cooperating with the
United States in its efforts to eliminate nuclear black-market networks
or activities.
SEC. 1332. REPORT ON IDENTIFICATION OF NUCLEAR PROLIFERATION NETWORK HOST COUNTRIES.
(1) IN GENERAL- Not later than 90 days after the date
of the enactment of this Act and annually thereafter, the President
shall submit a report to the appropriate congressional committees that--
(A) identifies any country in which manufacturing,
brokering, shipment, transshipment, or other activity occurred in
connection with the transactions of the nuclear proliferation network
that supplied Libya, Iran, North Korea, and possibly other countries or
entities; and
(B) identifies any country in which manufacturing,
brokering, shipment, transshipment, or other activity occurred for the
purpose of supplying nuclear technology, equipment, or material to
another country or foreign person that could, in the President's
judgment, contribute to the development, manufacture, or acquisition,
of a nuclear explosive device by a country or foreign person of concern
to the United States
(2) ADDITIONAL INFORMATION- The report under paragraph
(1) shall also include a description of the extent to which each
country described in the report is, in the opinion of the President,
fully cooperating with the United States in its efforts to eliminate
the nuclear proliferation network described in paragraph (1)(A) or
stopping the activities described in paragraph (1)(B). The President
shall base the determination regarding a country's cooperation with the
United States in part on the degree to which the country has satisfied
United States requests for assistance and information, including
whether the United States has asked and been granted direct
investigatory access to key persons involved in the nuclear
proliferation network described in paragraph (1)(A) or the activities
described in paragraph (1)(B).
(b) Classification- Reports under this section shall be unclassified to the maximum extent possible.
SEC. 1333. SUSPENSION OF ARMS SALES LICENSES AND DELIVERIES TO NUCLEAR PROLIFERATION HOST COUNTRIES.
(a) Suspension- Upon submission of the report and any
additional information under section 1332 to the appropriate
congressional committees, the President shall suspend all licenses
issued under the Arms Export Control Act, and shall prohibit any
licenses to be issued under that Act, for exports to, or imports from,
any country described in the report, unless the President certifies to
the appropriate congressional committees that such country--
(1)(A) has fully investigated or is fully investigating
the activities of any person or entity within its territory that has
participated in the nuclear proliferation network described in section
1332(a)(1)(A) or the activities described in section 1332(a)(1)(B); and
(B) has taken or is taking effective steps to permanently halt similar illicit nuclear proliferation activities;
(2) has been or is fully cooperating with the United
States and other appropriate international organizations in
investigating and eliminating the nuclear proliferation network, any
successor networks operating within its territory, or other illicit
nuclear proliferation activities; and
(3) has enacted or is enacting new laws, promulgated
decrees or regulations, or established practices designed to prevent
future such activities from occurring within its territory.
(b) Waiver- The President may waive the requirements of subsection (a) in a fiscal year if--
(1) the President has certified to the appropriate
congressional committees that the waiver is important to the national
security of the United States; and
(2) at least 5 days have elapsed since making the certification under paragraph (1).
TITLE XIV--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
SEC. 1401. SHORT TITLE; TABLE OF CONTENTS.
This title may be cited as the `9/11 Commission International Implementation Act of 2007'.
Subtitle A--Quality Educational Opportunities in Arab and Predominantly Muslim Countries.
SEC. 1411. FINDINGS; POLICY.
(a) Findings- Congress makes the following findings:
(1) The report of the National Commission on Terrorist
Attacks Upon the United States stated that `[e]ducation that teaches
tolerance, the dignity and value of each individual, and respect for
different beliefs is a key element in any global strategy to eliminate
Islamic terrorism'.
(2) The report of the National Commission on Terrorist
Attacks Upon the United States concluded that ensuring educational
opportunity is essential to the efforts of the United States to defeat
global terrorism and recommended that the United States Government
`should offer to join with other nations in generously supporting
[spending funds] ... directly on building and operating primary and
secondary schools in those Muslim states that commit to sensibly
investing financial resources in public education'.
(3) While Congress endorsed such a program in the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108-458), such a program has not been established.
(b) Policy- It is the policy of the United States--
(1) to work toward the goal of dramatically increasing
the availability of modern basic education through public schools in
Arab and predominantly Muslim countries, which will reduce the
influence of radical madrassas and other institutions that promote
religious extremism;
(2) to join with other countries in generously
supporting the International Arab and Muslim Youth Opportunity Fund
authorized under section 7114 of the Intelligence Reform and Terrorism
Prevention Act of 2004, as amended by section 1412 of this Act, with
the goal of building and operating public primary and secondary schools
in Arab and predominantly Muslim countries that commit to sensibly
investing the resources of such countries in modern public education;
(3) to offer additional incentives to increase the
availability of modern basic education in Arab and predominantly Muslim
countries; and
(4) to work to prevent financing of educational institutions that support radical Islamic fundamentalism.
SEC. 1412. INTERNATIONAL ARAB AND MUSLIM YOUTH OPPORTUNITY FUND.
Section 7114 of the Intelligence Reform and Terrorism Prevention Act of 2004 (22 U.S.C. 2228) is amended to read as follows:
`SEC. 7114. INTERNATIONAL ARAB AND MUSLIM YOUTH OPPORTUNITY FUND.
`(a) Findings- Congress finds the following:
`(1) The United Nation's 2003 Arab Human Development
Report states that the quantitative expansion of Arab education remains
incomplete. The report asserts that high rates of illiteracy,
especially among women, persist. Children continue to be denied their
basic right to elementary education. Higher education is characterized
by decreasing enrollment rates compared to developed countries, and
public expenditures on education has declined since 1985.
`(2) The UN report cities the decline in quality as the most significant challenge in the educational arena in Arab countries.
`(3) Researchers argue that curricula taught in Arab
countries seem to encourage submission, obedience, subordination, and
compliance, rather than free critical thinking.
`(4) Despite major efforts to improve pre-school
education in some Arab countries, the quality of education provided in
kindergartens in the region does not fulfill the requirements for
advancing and developing children's capabilities in order to help
socialize a creative and innovative generation.
`(5) Many factors in Arab countries adversely affect
teachers' capabilities, such as low salaries (which force educators in
to take on other jobs that consume their energy and decrease the time
they can devote to caring for their students), lack of facilities,
poorly designed curricula, indifferent quality of teacher training, and
overcrowded classes.
`(6) Educational attainments in Arab and non-Arab
Muslim countries--from literacy rates to mathematical and science
achievements--are well below global standards.
`(7) It is estimated that there are 65,000,000 illiterate adult Arabs, and two-thirds of them are women.
`(8) Educational enrollment for Arab countries rose
from 31,000,000 children in 1980 to approximately 56,000,000 children
in 1995. Yet despite this increase, 10,000,000 children between the
ages of 6 and 15 are currently not in school.
`(9) In the Middle East, roughly 10,000,000 children still do not go to school.
`(10) Even though women's access to education has
tripled in Arab countries since 1970, gender disparities still persist.
Illiteracy in Arab countries affects women disproportionately. Women
make up two-thirds of illiterate adults, with most living in rural
areas.
`(11) The publication of books and other reading
materials in Arab countries faces many major challenges, including the
small number of readers due to high rates of illiteracy in some such
countries and the weak purchasing power of the Arab reader. The limited
readership in Arab countries is reflected in the small number of books
published in such countries, which does not exceed 1.1 percent of world
production, although Arabs constitute five percent of the world
population.
`(12) The nexus between health and education in Arab
countries is very strong. Gains in women's education accounted for an
estimated 43 percent reduction in child malnutrition between 1970 and
1995. Educated mothers are more likely to better space births, to have
adequate prenatal care, and to immunize their children.
`(13) Many educational systems in Arab and non-Arab
Muslim countries widen the gap between rich and poor: while rich
students attend excellent private schools, poor children receive
grossly inadequate schooling.
`(b) Purpose- The purpose of this section is to strengthen
the public educational systems in Arab and predominantly Muslim
countries by--
`(1) authorizing the establishment of an International
Arab and Muslim Youth Educational Fund through which the United States
dedicates resources, either through a separate fund or through an
international organization, to assist those countries that commit to
education reform; and
`(2) providing resources for the Fund to help strengthen the public educational systems in those countries.
`(c) Establishment of Fund-
`(1) AUTHORITY- The President is authorized to establish an International Arab and Muslim Youth Opportunity Fund.
`(2) LOCATION- The Fund may be established--
`(A) as a separate fund in the Treasury; or
`(B) through an international organization or
international financial institution, such as the United Nations
Educational, Science and Cultural Organization, the United Nations
Development Program, or the International Bank for Reconstruction and
Development.
`(3) TRANSFERS AND RECEIPTS- The head of any
department, agency, or instrumentality of the United States Government
may transfer any amount to the Fund, and the Fund may receive funds
from private enterprises, foreign countries, or other entities.
`(4) ACTIVITIES OF THE FUND- The Fund shall support
programs described in this paragraph to improve the education
environment in Arab and predominantly Muslim countries.
`(A) ASSISTANCE TO ENHANCE MODERN EDUCATIONAL PROGRAMS-
`(i) The establishment in Arab and
predominantly Muslim countries of a program of reform to create a
modern education curriculum in the public educational systems in such
countries.
`(ii) The establishment or modernization of educational materials to advance a modern educational curriculum in such systems.
`(iii) Teaching English to adults and children.
`(iv) The establishment in Arab and
predominantly Muslim countries of programs that enhance accountability,
transparency, and interaction on education policy in such countries
between the national government and the regional and local governments
through improved information sharing and monitoring.
`(v) The establishment in Arab and
predominantly Muslim countries of programs to assist in the formulation
of administration and planning strategies for all levels of government
in such countries, including national, regional, and local governments.
`(vi) The enhancement in Arab and predominantly
Muslim countries of community, family, and student participation in the
formulation and implementation of education strategies and programs in
such countries.
`(B) ASSISTANCE FOR TRAINING AND EXCHANGE PROGRAMS FOR TEACHERS, ADMINISTRATORS, AND STUDENTS-
`(i) The establishment of training programs for
teachers and educational administrators to enhance skills, including
the establishment of regional centers to train individuals who can
transfer such skills upon return to their countries.
`(ii) The establishment of exchange programs
for teachers and administrators in Arab and predominantly Muslim
countries and with other countries to stimulate additional ideas and
reform throughout the world, including teacher training exchange
programs focused on primary school teachers in such countries.
`(iii) The establishment of exchange programs
for primary and secondary students in Muslim and Arab countries and
with other countries to foster understanding and tolerance and to
stimulate long-standing relationships.
`(C) ASSISTANCE TARGETING PRIMARY AND SECONDARY STUDENTS-
`(i) The establishment in Arab and
predominantly Muslim countries of after-school programs, civic
education programs, and education programs focusing on life skills,
such as inter-personal skills and social relations and skills for
healthy living, such as nutrition and physical fitness.
`(ii) The establishment in Arab and
predominantly Muslim countries of programs to improve the proficiency
of primary and secondary students in information technology skills.
`(D) ASSISTANCE FOR DEVELOPMENT OF YOUTH PROFESSIONALS-
`(i) The establishment of programs in Arab and
predominantly Muslim countries to improve vocational training in trades
to help strengthen participation of Muslims and Arabs in the economic
development of their countries.
`(ii) The establishment of programs in Arab and
predominantly Muslim countries that target older Muslim and Arab youths
not in school in such areas as entrepreneurial skills, accounting,
micro-finance activities, work training, financial literacy, and
information technology.
`(E) OTHER TYPES OF ASSISTANCE-
`(i) The translation of foreign books, newspapers, reference guides, and other reading materials into local languages.
`(ii) The construction and equipping of modern community and university libraries.
`(5) AUTHORIZATION OF APPROPRIATIONS-
`(A) IN GENERAL- There is authorized to be
appropriated to the President to carry out this section such sums as
may be necessary for fiscal years 2008, 2009, and 2010.
`(B) AVAILABILITY- Amounts appropriated pursuant to
the authorization of appropriations under subsection (a) are authorized
to remain available until expended.
`(C) ADDITIONAL FUNDS- Amounts authorized to be
appropriated under subsection (a) shall be in addition to amounts
otherwise available for such purposes.
`(6) REPORT TO CONGRESS- Not later than 180 days after
the date of the enactment of this section and annually thereafter, the
President shall submit to the appropriate congressional committees a
report on United States efforts to assist in the improvement of
educational opportunities for Arab and predominantly Muslim children
and youths, including the progress made toward establishing the
International Arab and Muslim Youth Opportunity Fund.
`(7) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In
this subsection, the term `appropriate congressional committees' means
the Committee on Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.'.
SEC. 1413. ANNUAL REPORT TO CONGRESS.
(a) In General- Not later than June 1 of each year, the
Secretary of State shall submit to the appropriate congressional
committees a report on the efforts of Arab and predominantly Muslim
countries to increase the availability of modern basic education and to
close educational institutions that promote religious extremism and
terrorism.
(b) Contents- Each report shall include--
(1) a list of Arab and predominantly Muslim countries
that are making serious and sustained efforts to improve the
availability of modern basic education and to close educational
institutions that promote religious extremism and terrorism;
(2) a list of such countries that are making efforts to
improve the availability of modern basic education and to close
educational institutions that promote religious extremism and
terrorism, but such efforts are not serious and sustained;
(3) a list of such countries that are not making
efforts to improve the availability of modern basic education and to
close educational institutions that promote religious extremism and
terrorism; and
(4) an assessment for each country specified in each of
paragraphs (1), (2), and (3) of the role of United States assistance
with respect to the efforts made or not made to improve the
availability of modern basic education and close educational
institutions that promote religious extremism and terrorism.
(c) Appropriate Congressional Committees Defined- In this
section, the term `appropriate congressional committees' means the
Committee on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
SEC. 1414. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO
AMERICAN-SPONSORED SCHOOLS IN ARAB AND PREDOMINANTLY MUSLIM COUNTRIES
TO PROVIDE SCHOLARSHIPS.
(a) Findings- Congress finds the following:
(1) Section 7113 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (Pub. Law 108-458) authorized the
establishment of a pilot program to provide grants to
American-sponsored schools in Arab and predominantly Muslim countries
so that such schools could provide scholarships to young people from
lower-income and middle-income families in such countries to attend
such schools, where they could improve their English and be exposed to
a modern education.
(2) Since the date of the enactment of that section,
the Middle East Partnership Initiative has pursued implementation of
that program.
(b) Extension of Program-
(1) IN GENERAL- Section 7113 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended--
(A) in the section heading--
(i) by striking `pilot'; and
(ii) by inserting `arab and' before `predominantly muslim';
(B) in subsection (a)(2), by inserting `Arab and' before `predominantly Muslim';
(C) in subsection (b), in the matter preceding paragraph (1), by inserting `Arab and' before `predominantly Muslim';
(i) in the subsection heading, by striking `Pilot';
(ii) by striking `pilot'; and
(iii) by striking `countries with predominantly Muslim populations' and inserting `Arab and predominantly Muslim countries';
(E) in subsection (d), by striking `pilot' each place it appears;
(i) by striking `pilot'; and
(ii) by inserting `an Arab or' before `a predominantly Muslim country';
(G) in subsection (g), in the first sentence--
(i) by inserting `and April 15, 2008,' after `April 15, 2006,'; and
(ii) by striking `pilot'; and
(i) by striking `2005 and 2006' inserting `2007 and 2008' ; and
(ii) by striking `pilot'.
(2) CONFORMING AMENDMENT- Section 1(b) of such Act is
amended, in the table of contents, by striking the item relating to
section 7113 and inserting after section 7112 the following new item:
`7113. Program to provide grants to American-sponsored
schools in Arab and predominantly Muslim countries to provide
scholarships.'.
Subtitle B--Democracy and Development in Arab and Predominantly Muslim Countries
SEC. 1421. PROMOTING DEMOCRACY AND DEVELOPMENT IN THE MIDDLE EAST, CENTRAL ASIA, SOUTH ASIA, AND SOUTHEAST ASIA.
(a) Findings- Congress finds the following:
(1) Al-Qaeda and affiliated groups have established a
terrorist network with linkages throughout the Middle East, Central
Asia, South Asia, and Southeast Asia.
(2) While political repression and lack of economic
development do not justify terrorism, increased political freedoms,
poverty reduction, and broad-based economic growth can contribute to an
environment that undercuts tendencies and conditions that facilitate
the rise of terrorist organizations.
(3) It is in the national security interests of the
United States to promote democracy, the rule of law, good governance,
sustainable development, a vigorous civil society, political freedom,
protection of minorities, independent media, women's rights, private
sector growth, and open economic systems in the countries of the Middle
East, Central Asia, South Asia, and Southeast Asia.
(b) Policy- It is the policy of the United States to--
(1) promote over the long-term, seizing opportunities
whenever possible in the short term, democracy, the rule of law, good
governance, sustainable development, a vigorous civil society,
political freedom, protection of minorities, independent media, women's
rights, private sector growth, and open economic systems in the
countries of the Middle East, Central Asia, South Asia, and Southeast
Asia;
(2) provide assistance and resources to individuals and
organizations in the countries of the Middle East, Central Asia, South
Asia, and Southeast Asia that are committed to promoting such
objectives and to design strategies in conjunction with such
individuals and organizations; and
(3) work with other countries and international organizations to increase the resources devoted to promoting such objectives.
(c) Strategy- Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
appropriate congressional committees a report with a country-by-country
five year strategy to promote the policy of the United States described
in subsection (b). Such report shall contain an estimate of the funds
necessary to implement such a strategy.
(d) Appropriate Congressional Committees Defined- In this
section, the term `appropriate congressional committees' means the
Committee on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
SEC. 1422. MIDDLE EAST FOUNDATION.
(a) Purposes- The purposes of this section are to support,
through the provision of grants, technical assistance, training, and
other programs, in the countries of the Middle East, the expansion of--
(2) opportunities for political participation for all citizens;
(3) protections for internationally recognized human rights, including the rights of women;
(4) educational system reforms;
(6) policies that promote economic opportunities for citizens;
(8) democratic processes of government.
(b) Middle East Foundation-
(1) DESIGNATION- The Secretary of State is authorized
to designate an appropriate private, nonprofit organization that is
organized or incorporated under the laws of the United States or of a
State as the Middle East Foundation (referred to in this section as the
`Foundation').
(A) AUTHORITY- The Secretary of State is authorized
to provide funding to the Foundation through the Middle East
Partnership Initiative of the Department of State. The Foundation shall
use amounts provided under this paragraph to carry out the purposes
specified in subsection (a), including through making grants and
providing other assistance to entities to carry out programs for such
purposes.
(B) FUNDING FROM OTHER SOURCES- In determining the
amount of funding to provide to the Foundation, the Secretary of State
shall take into consideration the amount of funds that the Foundation
has received from sources other than the United States Government.
(3) NOTIFICATION TO CONGRESSIONAL COMMITTEES- The
Secretary of State shall notify the Committee on Foreign Affairs and
the Committee on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Appropriations of
the Senate prior to designating an appropriate organization as the
Foundation.
(1) FOUNDATION TO MAKE GRANTS- The Secretary of State
shall enter into an agreement with the Foundation that requires the
Foundation to use the funds provided under subsection (b)(2) to make
grants to persons or entities (other than governments or government
entities) located in the Middle East or working with local partners
based in the Middle East to carry out projects that support the
purposes specified in subsection (a).
(2) CENTER FOR PUBLIC POLICY- Under the agreement
described in paragraph (1), the Foundation may make a grant to an
institution of higher education located in the Middle East to create a
center for public policy for the purpose of permitting scholars and
professionals from the countries of the Middle East and from other
countries, including the United States, to carry out research, training
programs, and other activities to inform public policymaking in the
Middle East and to promote broad economic, social, and political reform
for the people of the Middle East.
(3) APPLICATIONS FOR GRANTS- An entity seeking a grant
from the Foundation under this section shall submit an application to
the head of the Foundation at such time, in such manner, and containing
such information as the head of the Foundation may reasonably require.
(d) Private Character of the Foundation- Nothing in this section shall be construed to--
(1) make the Foundation an agency or establishment of
the United States Government, or to make the officers or employees of
the Foundation officers or employees of the United States for purposes
of title 5, United States Code; or
(2) to impose any restriction on the Foundation's
acceptance of funds from private and public sources in support of its
activities consistent with the purposes specified in subsection (a).
(e) Limitation on Payments to Foundation Personnel- No part
of the funds provided to the Foundation under this section shall inure
to the benefit of any officer or employee of the Foundation, except as
salary or reasonable compensation for services.
(f) Retention of Interest- The Foundation may hold funds
provided under this section in interest-bearing accounts prior to the
disbursement of such funds to carry out the purposes specified in
subsection (a), and, only to the extent and in the amounts provided for
in advance in appropriations Acts, may retain for use for such purposes
any interest earned without returning such interest to the Treasury of
the United States.
(g) Financial Accountability-
(1) INDEPENDENT PRIVATE AUDITS OF THE FOUNDATION- The
accounts of the Foundation shall be audited annually in accordance with
generally accepted auditing standards by independent certified public
accountants or independent licensed public accountants certified or
licensed by a regulatory authority of a State or other political
subdivision of the United States. The report of the independent audit
shall be included in the annual report required by subsection (h).
(2) GAO AUDITS- The financial transactions undertaken
pursuant to this section by the Foundation may be audited by the
Government Accountability Office in accordance with such principles and
procedures and under such rules and regulations as may be prescribed by
the Comptroller General of the United States.
(3) AUDITS OF GRANT RECIPIENTS- -
(A) IN GENERAL- A recipient of a grant from the
Foundation shall agree to permit an audit of the books and records of
such recipient related to the use of the grant funds.
(B) RECORDKEEPING- Such recipient shall maintain
appropriate books and records to facilitate an audit referred to in
subparagraph (A), including--
(i) separate accounts with respect to the grant funds;
(ii) records that fully disclose the use of the grant funds;
(iii) records describing the total cost of any project carried out using grant funds; and
(iv) the amount and nature of any funds
received from other sources that were combined with the grant funds to
carry out a project.
(h) Annual Reports- Not later than January 31, 2008, and
annually thereafter, the Foundation shall submit to the appropriate
congressional committees and make available to the public a report that
includes, for the fiscal year prior to the fiscal year in which the
report is submitted, a comprehensive and detailed description of--
(1) the operations and activities of the Foundation that were carried out using funds provided under this section;
(2) grants made by the Foundation to other entities with funds provided under this section;
(3) other activities of the Foundation to further the purposes specified in subsection (a); and
(4) the financial condition of the Foundation.
(i) Definitions- In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term
`appropriate congressional committees' means the Committee on Foreign
Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate.
(2) MIDDLE EAST- The term `Middle East' means Algeria,
Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco,
Oman, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates, West
Bank and Gaza, and Yemen.
(j) Expiration of Authority- The authority provided under this section shall expire on September 30, 2017.
(k) Repeal- Section 534(k) of Public Law 109-102 is repealed.
Subtitle C--Restoring United States Moral Leadership
SEC. 1431. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC DIPLOMACY.
(a) Finding- Congress finds that the report of the National
Commission on Terrorist Attacks Upon the United States stated that,
`Recognizing that Arab and Muslim audiences rely on satellite
television and radio, the government has begun some promising
initiatives in television and radio broadcasting to the Arab world,
Iran, and Afghanistan. These efforts are beginning to reach large
audiences. The Broadcasting Board of Governors has asked for much
larger resources. It should get them.'.
(b) Sense of Congress- It is the sense of Congress that--
(1) The United States needs to improve its
communication of information and ideas to people in foreign countries,
particularly in countries with significant Muslim populations.
(2) Public diplomacy should reaffirm the paramount
commitment of the United States to democratic principles, including
preserving the civil liberties of all the people of the United States,
including Muslim-Americans.
(3) A significant expansion of United States
international broadcasting would provide a cost-effective means of
improving communication with countries with significant Muslim
populations by providing news, information, and analysis, as well as
cultural programming, through both radio and television broadcasts.
(c) Special Authority for Surge Capacity- The United States
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is
amended by adding at the end the following new section:
`SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
`(a) Emergency Authority-
`(1) IN GENERAL- Whenever the President determines it
to be important to the national interests of the United States and so
certifies to the appropriate congressional committees, the President,
on such terms and conditions as the President may determine, is
authorized to direct any department, agency, or other governmental
entity of the United States to furnish the Broadcasting Board of
Governors with the assistance of such department, agency, or entity
based outside the United States as may be necessary to provide
international broadcasting activities of the United States with a surge
capacity to support United States foreign policy objectives during a
crisis abroad.
`(2) SUPERSEDES EXISTING LAW- The authority of paragraph (1) shall supersede any other provision of law.
`(3) SURGE CAPACITY DEFINED- In this subsection, the
term `surge capacity' means the financial and technical resources
necessary to carry out broadcasting activities in a geographical area
during a crisis abroad.
`(b) Authorization of Appropriations-
`(1) IN GENERAL- There are authorized to be
appropriated to the President such sums as may be necessary for the
President to carry out this section, except that no such amount may be
appropriated which, when added to amounts previously appropriated for
such purpose but not yet obligated, would cause such amounts to exceed
$25,000,000.
`(2) AVAILABILITY OF FUNDS- Amounts appropriated
pursuant to the authorization of appropriations in this subsection are
authorized to remain available until expended.
`(3) DESIGNATION OF APPROPRIATIONS- Amounts
appropriated pursuant to the authorization of appropriations in this
subsection may be referred to as the `United States International
Broadcasting Surge Capacity Fund'.
`(c) Report- The annual report submitted to the President
and Congress by the Broadcasting Board of Governors under section
305(a)(9) shall provide a detailed description of any activities
carried out under this section.
`(d) Authorization of Appropriations for United States International Broadcasting Activities-
`(1) IN GENERAL- In addition to amounts otherwise
available for such purposes, there are authorized to be appropriated
such sums as may be necessary to carry out United States Government
broadcasting activities under this Act, including broadcasting capital
improvements, the United States Information and Educational Exchange
Act of 1948 (22 U.S.C. 1431 et seq.), and the Foreign Affairs Reform
and Restructuring Act of 1998 (as enacted in division G of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999;
Public Law 105-277), and to carry out other authorities in law
consistent with such purposes.
`(2) AVAILABILITY OF FUNDS- Amounts appropriated
pursuant to the authorization of appropriations in this section are
authorized to remain available until expended.'.
SEC. 1432. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND LIBRARY PROGRAMS IN ARAB AND PREDOMINANTLY MUSLIM COUNTRIES.
(a) Report; Certification- Not later than 30 days after the
date of the enactment of this Act and every 180 days thereafter, the
Secretary of State shall submit to the appropriate congressional
committees a report on the recommendations of the National Commission
on Terrorist Attacks Upon the United States and the policy goals
described in section 7112 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458) for expanding United States
scholarship, exchange, and library programs in Arab and predominantly
Muslim countries. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals have been
achieved; or
(2) if the Secretary of State is unable to make the certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and achieve such policy goals;
(B) when the Secretary of State expects such recommendations to be implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to implement such
recommendations and achieve such policy goals.
(b) Termination of Duty to Report- The duty to submit a
report under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to paragraph (1) of such subsection.
(c) GAO Review of Certification- If the Secretary of State
submits a certification pursuant to subsection (a)(1), not later than
30 days after the submission of such certification, the Comptroller
General of the United States shall submit to the appropriate
congressional committees a report on whether the recommendations
referred to in subsection (a) have been implemented and whether the
policy goals described in section 7112 of the Intelligence Reform and
Terrorism Prevention Act of 2004 have been achieved.
(d) Definition- In this section, the term `appropriate congressional committees' means--
(1) the Committee on Foreign Affairs and the Committee on Oversight and Government Reform of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.
SEC. 1433. UNITED STATES POLICY TOWARD DETAINEES.
(a) Findings- Congress finds the following:
(1) The National Commission on Terrorist Attacks Upon
the United States (commonly referred to as the `9/11 Commission')
declared that the United States `should work with friends to develop
mutually agreed-on principles for the detention and humane treatment of
captured international terrorists who are not being held under a
particular country's criminal laws' and recommended that the United
States engage our allies `to develop a common coalition approach toward
the detention and humane treatment of captured terrorists', drawing
from Common Article 3 of the Geneva Conventions.
(2) Congress has passed several provisions of law that
have changed United States standards relating to United States
detainees, but such provisions have not been part of a common coalition
approach in this regard.
(3) A number of investigations remain ongoing by
countries who are close United States allies in the war on terrorism
regarding the conduct of officials, employees, and agents of the United
States and of other countries related to conduct regarding detainees.
(b) Report; Certification- Not later than 90 days after the
date of the enactment of this Act and every 180 days thereafter, the
Secretary of State, in consultation with the Attorney General and the
Secretary of Defense, shall submit to the relevant congressional
committees a report on any progress towards implementing the
recommendations of the 9/11 Commission for engaging United States
allies to develop a common coalition approach, in compliance with
Common Article 3 of the Geneva Conventions, toward the detention and
humane treatment of individuals detained during Operation Iraqi
Freedom, Operation Enduring Freedom, or in connection with United
States counterterrorist operations. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented and such policy goals have been
achieved; or
(2) if the Secretary of State is unable to make the certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and achieve such policy goals;
(B) when the Secretary of State expects such recommendations to be implemented and such policy goals to be achieved; and
(C) any allocation of resources or other actions by
Congress that the Secretary of State considers necessary to implement
such recommendations and achieve such policy goals.
(c) Termination of Duty to Report- The duty to submit a
report under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to subsection (a)(1).
(d) GAO Review of Certification- If the Secretary of State
submits a certification pursuant to subsection (a)(1), not later than
30 days after the submission of such certification, the Comptroller
General shall submit to the relevant congressional committees a report
on whether the recommendations described in subsection (a) have been
implemented and whether the policy goals described in such subsection
have been achieved.
(e) Definition- In this section, the term `relevant congressional committees' means--
(1) with respect to the House of Representatives, the
Committee on Foreign Affairs, the Committee on Armed Services, the
Committee on Oversight and Government Reform, the Committee on the
Judiciary, and the Permanent Select Committee on Intelligence; and
(2) with respect to the Senate, the Committee on
Foreign Relations, the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence.
Subtitle D--Strategy for the United States Relationship With Afghanistan, Pakistan, and Saudi Arabia
SEC. 1441. AFGHANISTAN.
(a) Statements of Policy- The following shall be the policies of the United States:
(1) The United States shall vigorously support the
Government of Afghanistan as it continues on its path toward a
broad-based, pluralistic, multi-ethnic, gender-sensitive, and fully
representative government in Afghanistan and shall maintain its
long-term commitment to the people of Afghanistan by increased
assistance and the continued deployment of United States troops in
Afghanistan as long as the Government of Afghanistan supports such
United States involvement.
(2) In order to reduce the ability of the Taliban and
Al-Qaeda to finance their operations through the opium trade, the
President shall engage aggressively with the Government of Afghanistan
and our NATO partners, and in consultation with Congress, to assess the
success of the Afghan counternarcotics strategy in existence as of
December 2006 and to explore all additional options for addressing the
narcotics crisis in Afghanistan, including possible changes in rules of
engagement for NATO and Coalition forces for participation in actions
against narcotics trafficking and kingpins.
(b) Statement of Congress- Congress strongly urges that the
Afghanistan Freedom Support Act of 2002 be reauthorized and updated to
take into account new developments in Afghanistan and in the region so
as to demonstrate the continued support by the United States for the
people and Government of Afghanistan.
(c) Emergency Increase in Policing Operations-
(1) IN GENERAL- The President shall make every effort,
on an emergency basis, to dramatically increase the numbers of United
States and international police trainers, mentors, and police personnel
operating in conjunction with Afghanistan civil security forces and
shall increase efforts to assist the Government of Afghanistan in
addressing the corruption crisis that is threatening to undermine
Afghanistan's future.
(2) REPORT- Not later than 180 days after the date of
the enactment of this Act and every six months thereafter until
September 31, 2010, the President shall submit to the Committee on
Foreign Affairs and the Committee on Appropriations of the House of
Representatives and the Committee on Foreign Relations and the
Committee on Appropriations of the Senate a report on United States
efforts to fulfill the requirements of this subsection.
(d) Emergency Energy Assistance-
(1) FINDING- Congress finds that short-term shortages
of energy may destabilize the Government of Afghanistan and undermine
the ability of President Karzai to carry out critically needed reforms.
(2) AUTHORIZATION OF ASSISTANCE- The President is
authorized to provide assistance for the acquisition of emergency
energy resources, including diesel fuel, to secure the delivery of
electricity to Kabul, Afghanistan, and other major Afghan provinces and
cities.
(3) AUTHORIZATION OF APPROPRIATIONS- There are
authorized to be appropriated to the President to carry out paragraph
(2) such sums as may be necessary for each of fiscal years 2008 and
2009.
SEC. 1442. PAKISTAN.
(a) Findings- Congress finds the following:
(1) Since September 11, 2001, the Government of
Pakistan has been an important partner in helping the United States
remove the Taliban regime in Afghanistan and combating international
terrorism in the frontier provinces of Pakistan.
(2) There remain a number of critical issues that
threaten to disrupt the relationship between the United States and
Pakistan, undermine international security, and destabilize Pakistan,
including--
(A) curbing the proliferation of nuclear weapons technology;
(B) combating poverty and corruption;
(C) building effective government institutions, especially secular public schools;
(D) promoting democracy and the rule of law, particularly at the national level;
(E) addressing the continued presence of Taliban and other violent extremist forces throughout the country;
(F) maintaining the authority of the Government of Pakistan in all parts of its national territory;
(G) securing the borders of Pakistan to prevent the
movement of militants and terrorists into other countries and
territories; and
(H) effectively dealing with Islamic extremism.
(b) Statements of Policy- The following shall be the policies of the United States:
(1) To work with the Government of Pakistan to combat
international terrorism, especially in the frontier provinces of
Pakistan, and to end the use of Pakistan as a safe haven for forces
associated with the Taliban.
(2) To establish a long-term strategic partnership with
the Government of Pakistan to address the issues described in
subparagraphs (A) through (H) of subsection (a)(2).
(3) To dramatically increase funding for programs of
the United States Agency for International Development and the
Department of State that assist the Government of Pakistan in
addressing such issues, if the Government of Pakistan demonstrates a
commitment to building a moderate, democratic state, including
significant steps towards free and fair parliamentary elections in 2007.
(4) To work with the international community to secure
additional financial and political support to effectively implement the
policies set forth in this subsection and help to resolve the dispute
between the Government of Pakistan and the Government of India over the
disputed territory of Kashmir.
(c) Strategy Relating to Pakistan-
(1) REQUIREMENT FOR REPORT ON STRATEGY- Not later than
90 days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees a report, in
classified form if necessary, that describes the long-term strategy of
the United States to engage with the Government of Pakistan to address
the issues described in subparagraphs (A) through (F) of subsection
(a)(2) and carry out the policies described in subsection (b) in order
accomplish the goal of building a moderate, democratic Pakistan.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In
this subsection the term `appropriate congressional committees' means
the Committee on Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(d) Limitation on United States Security Assistance to Pakistan-
(A) IN GENERAL- For fiscal years 2008 and 2009,
United States assistance under chapter 2 of part II of the Foreign
Assistance Act of 1961 (22 U.S.C. 2311 et seq.) or section 23 of the
Arms Export Control Act (22 U.S.C. 2763) may not be provided to, and a
license for any item controlled under the Arms Export Control Act (22
U.S.C. 2751 et seq.) may not be approved for, Pakistan until 15 days
after the date on which President determines and certifies to the
appropriate congressional committees that the Government of Pakistan is
making all possible efforts to prevent the Taliban from operating in
areas under its sovereign control, including in the cities of Quetta
and Chaman and in the Northwest Frontier Province and the Federally
Administered Tribal Areas.
(B) FORM- The certification required by
subparagraph (A) shall be transmitted in unclassified form, but may
contain a classified annex.
(2) WAIVER- The President may waive the limitation on
assistance under paragraph (1) for a fiscal year if the President
determines and certifies to the appropriate congressional committees
that it is important to the national security interest of the United
States to do so.
(3) SUNSET- The limitation on assistance under
paragraph (1) shall cease to be effective beginning on the date on
which the President determines and certifies to the appropriate
congressional committees that the Taliban, or any related successor
organization, has ceased to exist as an organization capable of
conducting military, insurgent, or terrorist activities in Afghanistan
from Pakistan.
(4) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In
this subsection, the term `appropriate congressional committees' means
the Committee on Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
(e) Nuclear Proliferation-
(1) FINDING- Congress finds that Pakistan's maintenance
of a network for the proliferation of nuclear and missile technologies
would be inconsistent with Pakistan being considered an ally of the
United States.
(2) SENSE OF CONGRESS- It is the sense of Congress that
the national security interest of the United States will best be served
if the United States develops and implements a long-term strategy to
improve the United States relationship with Pakistan and works with the
Government of Pakistan to stop nuclear proliferation.
(f) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated
to the President for providing assistance for Pakistan for fiscal year
2008--
(A) for `Development Assistance', such sums as may
be necessary to carry out the provisions of sections 103, 105, and 106
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, and
2151d,);
(B) for the `Child Survival and Health Programs
Fund', such sums as may be necessary to carry out the provisions of
sections 104 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b);
(C) for the `Economic Support Fund', such sums as
may be necessary to carry out the provisions of chapter 4 of part II of
the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.);
(D) for `International Narcotics Control and Law
Enforcement', such sums as may be necessary to carry out the provisions
of chapter 8 of part I of the Foreign Assistance Act of 1961 (22 U.S.C.
2291 et seq.);
(E) for `Nonproliferation, Anti-Terrorism, Demining and Related Programs', such sums as may be necessary;
(F) for `International Military Education and
Training', such sums as may be necessary to carry out the provisions of
chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2347 et seq.); and
(G) for `Foreign Military Financing Program', such
sums as may be necessary to carry out the provisions of section 23 of
the Arms Export Control Act (22 U.S.C. 2763).
(2) OTHER FUNDS- Amounts authorized to be appropriated
under this subsection are in addition to amounts otherwise available
for such purposes.
(g) Extension of Waivers-
(1) AMENDMENTS- The Act entitled `An Act to authorize
the President to exercise waivers of foreign assistance restrictions
with respect to Pakistan through September 30, 2003, and for other
purposes', approved October 27, 2001 (Public Law 107-57; 115 Stat.
403), is amended--
(i) in the heading, to read as follows:
`(b) Fiscal Years 2007 and 2008- '; and
(ii) in paragraph (1), by striking `any
provision' and all that follows through `that prohibits' and inserting
`any provision of the foreign operations, export financing, and related
programs appropriations Act for fiscal year 2007 or 2008 (or any other
appropriations Act) that prohibits';
(B) in section 3(2), by striking `Such provision'
and all that follows through `as are' and inserting `Such provision of
the annual foreign operations, export financing, and related programs
appropriations Act for fiscal years 2002 through 2008 (or any other
appropriations Act) as are'; and
(C) in section 6, by striking `the provisions' and
all that follows and inserting `the provisions of this Act shall
terminate on October 1, 2008.'.
(2) EFFECTIVE DATE- The amendments made by paragraph (1) take effect on October 1, 2006.
(3) SENSE OF CONGRESS- It is the sense of Congress that
determinations to provide extensions of waivers of foreign assistance
prohibitions with respect to Pakistan pursuant to Public Law 107-57 for
fiscal years after the fiscal years specified in the amendments made by
paragraph (1) to Public Law 107-57 should be informed by the pace of
democratic reform, extension of the rule of law, and the conduct of the
parliamentary elections currently scheduled for 2007 in Pakistan.
SEC. 1443. SAUDI ARABIA.
(a) Findings- Congress finds the following:
(1) The Kingdom of Saudi Arabia has an uneven record in
the fight against terrorism, especially with respect to terrorist
financing, support for radical madrassas, and a lack of political
outlets for its citizens, that poses a threat to the security of the
United States, the international community, and the Kingdom of Saudi
Arabia itself.
(2) The United States has a national security interest
in working with the Government of Saudi Arabia to combat international
terrorists who operate within Saudi Arabia or who operate outside Saudi
Arabia with the support of citizens of Saudi Arabia.
(b) Sense of Congress- It is the sense of Congress that, in
order to more effectively combat terrorism, the Government of Saudi
Arabia must undertake and continue a number of political and economic
reforms, including increasing anti-terrorism operations conducted by
law enforcement agencies, providing more political rights to its
citizens, increasing the rights of women, engaging in comprehensive
educational reform, enhancing monitoring of charitable organizations,
promulgating and enforcing domestic laws, and regulation on terrorist
financing.
(c) Statements of Policy- The following shall be the policies of the United States:
(1) To engage with the Government of Saudi Arabia to
openly confront the issue of terrorism, as well as other problematic
issues, such as the lack of political freedoms, with the goal of
restructuring the relationship on terms that leaders of both countries
can publicly support.
(2) To enhance counterterrorism cooperation with the
Government of Saudi Arabia, if the political leaders of such government
are committed to making a serious, sustained effort to combat terrorism.
(3) To support the efforts of the Government of Saudi
Arabia to make political, economic, and social reforms throughout the
country.
(d) Strategy Relating to Saudi Arabia-
(1) REQUIREMENT FOR REPORT ON STRATEGY- Not later than
90 days after the date of the enactment of this Act, the President
shall submit to the appropriate congressional committees a report, in
classified form if necessary, that describes the progress on the
Strategic Dialogue (established by President George W. Bush and Crown
Prince (now King) Abdullah in April 2005) between the United States and
Saudi Arabia, including the progress made in such Dialogue toward
implementing the long-term strategy of the United States to--
(A) engage with the Government of Saudi Arabia to
facilitate political, economic, and social reforms that will enhance
the ability of the Government of Saudi Arabia to combat international
terrorism; and
(B) work with the Government of Saudi Arabia to
combat terrorism, including through effective prevention of the
financing of terrorism by Saudi institutions and citizens.
(2) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED- In
this subsection the term `appropriate congressional committees' means
the Committee on Foreign Affairs and the Committee on Appropriations of
the House of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate.
END