Public Law 110-53

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Information Collection for Emergency Communications Back-Up System Report to Congress

Public Law 110-53

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PL 110-53, 2007 HR 1

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PL 110-53, August 3, 2007, 121 Stat 266

(Cite as: 121 Stat 266)



UNITED STATES PUBLIC LAWS

110th Congress - First Session

Convening January 04, 2007


Copr. © 2007 Thomson/West. No Claim to Orig. U.S. Govt.Works


Additions and Deletions are not identified in this database.

Vetoed provisions within tabular material are not displayed

PL 110-53 (HR 1)

August 3, 2007

IMPLEMENTING RECOMMENDATIONS OF THE 9/11 COMMISSION ACT OF 2007


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


Be it enacted by the Senate and House of Representatives of the United States

of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.


<< 6 USCA § 101 NOTE >>

(a) SHORT TITLE.--This Act may be cited as the "Implementing Recommendations of the 9/11 Commission Act of 2007".


(b) TABLE OF CONTENTS.--The table of contents for this Act is as follows:


Sec. 1. Short title; table of contents.


TITLE I--HOMELAND SECURITY GRANTS

Sec. 101. Homeland Security Grant Program.


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


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


Sec. 104. Technical and conforming amendments.


TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

Sec. 201. Emergency management performance grant program.


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


TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

Sec. 301. Interoperable emergency communications grant program.


Sec. 302. Border interoperability demonstration project.


TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

Sec. 401. Definitions.


Sec. 402. National exercise program design.


Sec. 403. National exercise program model exercises.


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


Sec. 405. Federal response capability inventory.


Sec. 406. Reporting requirements.


Sec. 407. Federal preparedness.


Sec. 408. Credentialing and typing.


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


Sec. 410. Authorization of appropriations.


TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL

GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

Subtitle A--Homeland Security Information Sharing Enhancement

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


Sec. 502. Intelligence Component Defined.


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


Sec. 504. Information sharing.


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Subtitle B--Homeland Security Information Sharing Partnerships

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


Sec. 512. Homeland Security Information Sharing Fellows Program.


Sec. 513. Rural Policing Institute.


Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 521. Interagency Threat Assessment and Coordination Group.


Subtitle D--Homeland Security Intelligence Offices Reorganization

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


Subtitle E--Authorization of Appropriations

Sec. 541. Authorization of appropriations.


TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

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


Sec. 602. Public Interest Declassification Board.


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


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


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


TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

Subtitle A--Terrorist Travel

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


Subtitle B--Visa Waiver

Sec. 711. Modernization of the visa waiver program.


Subtitle C--Strengthening Terrorism Prevention Programs

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


Sec. 722. Enhancements to the terrorist travel program.


Sec. 723. Enhanced driver's license.


Sec. 724. Western Hemisphere Travel Initiative.


Sec. 725. Model ports-of-entry.


Subtitle D--Miscellaneous Provisions

Sec. 731. Report regarding border security.


TITLE VIII--PRIVACY AND CIVIL LIBERTIES

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


Sec. 802. Department Privacy Officer.


Sec. 803. Privacy and civil liberties officers.


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


TITLE IX--PRIVATE SECTOR PREPAREDNESS

Sec. 901. Private sector preparedness.


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


TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

Sec. 1001. National Asset Database.


Sec. 1002. Risk assessments and report.


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


TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 1101. National Biosurveillance Integration Center.


Sec. 1102. Biosurveillance efforts.


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


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Sec. 1104. Integration of detection equipment and technologies.


TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 1201. Definitions.


Sec. 1202. Transportation security strategic planning.


Sec. 1203. Transportation security information sharing.


Sec. 1204. National domestic preparedness consortium.


Sec. 1205. National transportation security center of excellence.


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


TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

Sec. 1301. Definitions.


Sec. 1302. Enforcement authority.


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


Sec. 1304. Surface transportation security inspectors.


Sec. 1305. Surface transportation security technology information sharing.


Sec. 1306. TSA personnel limitations.


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


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


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


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


TITLE XIV--PUBLIC TRANSPORTATION SECURITY

Sec. 1401. Short title.


Sec. 1402. Definitions.


Sec. 1403. Findings.


Sec. 1404. National Strategy for Public Transportation Security.


Sec. 1405. Security assessments and plans.


Sec. 1406. Public transportation security assistance.


Sec. 1407. Security exercises.


Sec. 1408. Public transportation security training program.


Sec. 1409. Public transportation research and development.


Sec. 1410. Information sharing.


Sec. 1411. Threat assessments.


Sec. 1412. Reporting requirements.


Sec. 1413. Public transportation employee protections.


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


Sec. 1415. Limitation on fines and civil penalties.


TITLE XV--SURFACE TRANSPORTATION SECURITY

Subtitle A--General Provisions

Sec. 1501. Definitions.


Sec. 1502. Oversight and grant procedures.


Sec. 1503. Authorization of appropriations.


Sec. 1504. Public awareness.


Subtitle B--Railroad Security

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


Sec. 1512. Railroad carrier assessments and plans.


Sec. 1513. Railroad security assistance.


Sec. 1514. Systemwide Amtrak security upgrades.


Sec. 1515. Fire and life safety improvements.


Sec. 1516. Railroad carrier exercises.


Sec. 1517. Railroad security training program.


Sec. 1518. Railroad security research and development.


Sec. 1519. Railroad tank car security testing.


Sec. 1520. Railroad threat assessments.


Sec. 1521. Railroad employee protections.


Sec. 1522. Security background checks of covered individuals.


Sec. 1523. Northern border railroad passenger report.


Sec. 1524. International Railroad Security Program.


Sec. 1525. Transmission line report.


Sec. 1526. Railroad security enhancements.


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


*269


Sec. 1528. Railroad preemption clarification.


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

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


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


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


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


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


Sec. 1536. Motor carrier employee protections.


Sec. 1537. Unified carrier registration system agreement.


Sec. 1538. School bus transportation security.


Sec. 1539. Technical amendment.


Sec. 1540. Truck security assessment.


Sec. 1541. Memorandum of understanding annex.


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


Subtitle D--Hazardous Material and Pipeline Security

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


Sec. 1552. Railroad security-sensitive material tracking.


Sec. 1553. Hazardous materials highway routing.


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


Sec. 1555. Hazardous materials security inspections and study.


Sec. 1556. Technical corrections.


Sec. 1557. Pipeline security inspections and enforcement.


Sec. 1558. Pipeline security and incident recovery plan.


TITLE XVI--AVIATION

Sec. 1601. Airport checkpoint screening fund.


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


Sec. 1603. In-line baggage screening.


Sec. 1604. In-line baggage system deployment.


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


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


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


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


Sec. 1609. Blast-resistant cargo containers.


Sec. 1610. Protection of passenger planes from explosives.


Sec. 1611. Specialized training.


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


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


Sec. 1614. Security credentials for airline crews.


Sec. 1615. Law enforcement officer biometric credential.


Sec. 1616. Repair station security.


Sec. 1617. General aviation security.


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


TITLE XVII--MARITIME CARGO

Sec. 1701. Container scanning and seals.


TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM

Sec. 1801. Findings.


Sec. 1802. Definitions.


Subtitle A--Repeal and Modification of Limitations on Assistance for Prevention

of WMD Proliferation and Terrorism

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


Subtitle B--Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and authorities.


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


Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass

Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.


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


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


Subtitle D--Office of the United States Coordinator for the Prevention of

Weapons of Mass Destruction Proliferation and Terrorism

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


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


Subtitle E--Commission on the Prevention of Weapons of Mass Destruction

Proliferation and Terrorism

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


Sec. 1852. Purposes of Commission.


Sec. 1853. Composition of Commission.


Sec. 1854. Responsibilities of Commission.


Sec. 1855. Powers of Commission.


Sec. 1856. Nonapplicability of Federal Advisory Committee Act.


Sec. 1857. Report.


Sec. 1858. Termination.


Sec. 1859. Funding.


TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1901. Promoting antiterrorism capabilities through international cooperation.


Sec. 1902. Transparency of funds.


TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

Sec. 2001. Short title.


Sec. 2002. Definition.


Subtitle A--Quality Educational Opportunities in Predominantly Muslim

Countries.

Sec. 2011. Findings; Policy.


Sec. 2012. International Muslim Youth Opportunity Fund.


Sec. 2013. Annual report to Congress.


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


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

Sec. 2021. Middle East Foundation.


Subtitle C--Reaffirming United States Moral Leadership

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


Sec. 2032. Oversight of international broadcasting.


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


Sec. 2034. United States policy toward detainees.


Subtitle D--Strategy for the United States Relationship With Afghanistan,

Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.


Sec. 2042. Pakistan.


Sec. 2043. Saudi Arabia.


TITLE XXI--ADVANCING DEMOCRATIC VALUES

Sec. 2101. Short title.


Sec. 2102. Findings.


Sec. 2103. Statement of policy.


Sec. 2104. Definitions.


Subtitle A--Activities to Enhance the Promotion of Democracy

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


Sec. 2112. Democracy Fellowship Program.


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


*271

Subtitle B--Strategies and Reports on Human Rights and the Promotion of

Democracy

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


Sec. 2122. Translation of human rights reports.


Subtitle C--Advisory Committee on Democracy Promotion and the Internet Website

of the Department of State

Sec. 2131. Advisory Committee on Democracy Promotion.


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


Subtitle D--Training in Democracy and Human Rights; Incentives

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


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


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


Subtitle E--Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.


Subtitle F--Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.


Sec. 2162. United States democracy assistance programs.


TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

Sec. 2201. Interoperable emergency communications.


Sec. 2202. Clarification of congressional intent.


Sec. 2203. Cross border interoperability reports.


Sec. 2204. Extension of short quorum.


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


TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

Sec. 2301. Short title.


Sec. 2302. Funding for program.


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


TITLE XXIV--MISCELLANEOUS PROVISIONS

Sec. 2401. Quadrennial homeland security review.


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


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


Sec. 2404. Demonstration project.


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


TITLE I--HOMELAND SECURITY GRANTS

<< 6 USCA prec. § 601 >>

SEC. 101. HOMELAND SECURITY GRANT PROGRAM.


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


"TITLE XX--HOMELAND SECURITY GRANTS

<< 6 USCA § 601 >>

"SEC. 2001. DEFINITIONS.


"In this title, the following definitions shall apply:


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


"(2) APPROPRIATE COMMITTEES OF CONGRESS.--The term 'appropriate committees of Congress' means--


"(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and


*272

"(B) those committees of the House of Representatives that the Speaker of the House of Representatives determines appropriate.


"(3) CRITICAL INFRASTRUCTURE SECTORS.--The term 'critical infrastructure sectors' means the following sectors, in both urban and rural areas:


"(A) Agriculture and food.


"(B) Banking and finance.


"(C) Chemical industries.


"(D) Commercial facilities.


"(E) Commercial nuclear reactors, materials, and waste.


"(F) Dams.


"(G) The defense industrial base.


"(H) Emergency services.


"(I) Energy.


"(J) Government facilities.


"(K) Information technology.


"(L) National monuments and icons.


"(M) Postal and shipping.


"(N) Public health and health care.


"(O) Telecommunications.


"(P) Transportation systems.


"(Q) Water.


"(4) DIRECTLY ELIGIBLE TRIBE.--The term 'directly eligible tribe' means--


"(A) any Indian tribe--


"(i) that is located in the continental United States;


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


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


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


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


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


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


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


"(5) ELIGIBLE METROPOLITAN AREA.--The term 'eligible metropolitan area' means any of the 100 most populous metropolitan statistical areas in the United States.


"(6) HIGH-RISK URBAN AREA.--The term 'high-risk urban area' means a high-risk urban area designated under section 2003(b)(3)(A).


*273

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


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


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


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


"(11) POPULATION DENSITY.--The term 'population density' means population divided by land area in square miles.


"(12) QUALIFIED INTELLIGENCE ANALYST.--The term 'qualified intelligence analyst' means an intelligence analyst (as that term is defined in section 210A(j)), including law enforcement personnel--


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


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


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


"(14) TRIBAL GOVERNMENT.--The term 'tribal government' means the government of an Indian tribe.


<< 6 USCA prec. § 603 >>

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

<< 6 USCA § 603 >>

"SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.


"(a) GRANTS AUTHORIZED.--The Secretary, through the Administrator, may award grants under sections 2003 and 2004 to State, local, and tribal governments.


"(b) PROGRAMS NOT AFFECTED.--This subtitle shall not be construed to affect any of the following Federal programs:


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


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


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


*274

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


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


"(6) The Interoperable Emergency Communications Grant Program authorized under title XVIII.


"(7) Grant programs other than those administered by the Department.


"(c) RELATIONSHIP TO OTHER LAWS.--


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


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


<< 6 USCA § 604 >>

"SEC. 2003. URBAN AREA SECURITY INITIATIVE.


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


"(b) ASSESSMENT AND DESIGNATION OF HIGH-RISK URBAN AREAS.--


"(1) IN GENERAL.--The Administrator shall designate high-risk urban areas to receive grants under this section based on procedures under this subsection.


"(2) INITIAL ASSESSMENT.--


"(A) IN GENERAL.--For each fiscal year, the Administrator shall conduct an initial assessment of the relative threat, vulnerability, and consequences from acts of terrorism faced by each eligible metropolitan area, including consideration of--


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


"(ii) information and materials submitted under subparagraph (B).


"(B) SUBMISSION OF INFORMATION BY ELIGIBLE METROPOLITAN AREAS.--Prior to conducting each initial assessment under subparagraph (A), the Administrator shall provide each eligible metropolitan area with, and shall notify each eligible metropolitan area of, the opportunity to--


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


"(ii) review the risk assessment conducted by the Department of that eligible metropolitan area, including the bases for the assessment by the Department of the threat, vulnerability, and consequences *275 from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous or incomplete information.


"(3) DESIGNATION OF HIGH-RISK URBAN AREAS.--


"(A) DESIGNATION.--


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


"(ii) ADDITIONAL AREAS.--Notwithstanding paragraph (2), the Administrator may--


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


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


"(iii) RULE OF CONSTRUCTION.--Nothing in this subsection may be construed to require the Administrator to--


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


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


"(B) JURISDICTIONS INCLUDED IN HIGH-RISK URBAN AREAS.--


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


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


"(c) APPLICATION.--


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


"(2) MINIMUM CONTENTS OF APPLICATION.--In an application for a grant under this section, a high-risk urban area shall submit--


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


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


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


"(3) ANNUAL APPLICATIONS.--Applicants for grants under this section shall apply or reapply on an annual basis.


"(4) STATE REVIEW AND TRANSMISSION.--


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


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


"(C) OPPORTUNITY FOR STATE COMMENT.--If the Governor of a State determines that an application of a high-risk urban area is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, the Governor shall--


"(i) notify the Administrator, in writing, of that fact; and


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


"(5) OPPORTUNITY TO AMEND.--In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.


"(d) DISTRIBUTION OF AWARDS.--


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


"(2) STATE DISTRIBUTION OF FUNDS.--


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


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


"(3) INTERSTATE URBAN AREAS.--If parts of a high-risk urban area awarded a grant under this section are located in 2 or more States, the Administrator shall distribute to each such State--


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


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


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"(4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO HIGH-RISK URBAN AREAS.--A State that receives grant funds under paragraph (1) shall certify to the Administrator that the State has made available to the applicable high-risk urban area the required funds under paragraph (2).


"(e) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated for grants under this section--


"(1) $850,000,000 for fiscal year 2008;


"(2) $950,000,000 for fiscal year 2009;


"(3) $1,050,000,000 for fiscal year 2010;


"(4) $1,150,000,000 for fiscal year 2011;


"(5) $1,300,000,000 for fiscal year 2012; and


"(6) such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.


<< 6 USCA § 605 >>

"SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.


"(a) ESTABLISHMENT.--There is established a State Homeland Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, and responding to acts of terrorism.


"(b) APPLICATION.--


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


"(2) MINIMUM CONTENTS OF APPLICATION.--The Administrator shall require that each State include in its application, at a minimum--


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


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


"(C) a budget showing how the State intends to expend the grant funds.


"(3) ANNUAL APPLICATIONS.--Applicants for grants under this section shall apply or reapply on an annual basis.


"(c) DISTRIBUTION TO LOCAL AND TRIBAL GOVERNMENTS.--


"(1) IN GENERAL.--Not later than 45 days after receiving grant funds, any State receiving a grant under this section shall make available to local and tribal governments, consistent with the applicable State homeland security plan--


"(A) not less than 80 percent of the grant funds;


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


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


"(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT FUNDS TO LOCAL GOVERNMENTS.--A State shall certify to the Administrator that the State has made the distribution to local and tribal governments required under paragraph (1).


"(3) EXTENSION OF PERIOD.--The Governor of a State may request in writing that the Administrator extend the period under paragraph (1) for an additional period of time. The *278 Administrator may approve such a request if the Administrator determines that the resulting delay in providing grant funding to the local and tribal governments is necessary to promote effective investments to prevent, prepare for, protect against, or respond to acts of terrorism.


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


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


"(d) MULTISTATE APPLICATIONS.--


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


"(2) ADMINISTRATION OF GRANT.--If a group of States applies for a grant under this section, such States shall submit to the Administrator at the time of application a plan describing--


"(A) the division of responsibilities for administering the grant; and


"(B) the distribution of funding among the States that are parties to the application.


"(e) MINIMUM ALLOCATION.--


"(1) IN GENERAL.--In allocating funds under this section, the Administrator shall ensure that--


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


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


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


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


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


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


"(B) for each fiscal year, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands each receive, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount *279 equal to 0.08 percent of the total funds appropriated for grants under this section and section 2003.


"(2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM.--Any portion of a multistate award provided to a State under subsection (d) shall be considered in calculating the minimum State allocation under this subsection.


"(f) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated for grants under this section--


"(1) $950,000,000 for each of fiscal years 2008 through 2012; and


"(2) such sums as are necessary for fiscal year 2013, and each fiscal year thereafter.


<< 6 USCA § 606 >>

"SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.


"(a) IN GENERAL.--Notwithstanding section 2004(b), the Administrator may award grants to directly eligible tribes under section 2004.


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


"(c) CONSISTENCY WITH STATE PLANS.--


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


"(2) OPPORTUNITY FOR COMMENT.--If the Governor of a State determines that the application of a directly eligible tribe is inconsistent with the State homeland security plan of that State, or otherwise does not support the application, not later than 30 days after the date of receipt of that application the Governor shall--


"(A) notify the Administrator, in writing, of that fact; and


"(B) provide an explanation of the reason for not supporting the application.


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


"(e) PRIORITIZATION.--The Administrator shall allocate funds to directly eligible tribes in accordance with the factors applicable to allocating funds among States under section 2007.


"(f) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES.--If the Administrator awards funds to a directly eligible tribe under this section, the Administrator shall distribute the grant funds directly to the tribe and not through any State.


"(g) MINIMUM ALLOCATION.--


"(1) IN GENERAL.--In allocating funds under this section, the Administrator shall ensure that, for each fiscal year, directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 2004, not less than an amount equal *280 to 0.1 percent of the total funds appropriated for grants under sections 2003 and 2004.


"(2) EXCEPTION.--This subsection shall not apply in any fiscal year in which the Administrator--


"(A) receives fewer than 5 applications under this section; or


"(B) does not approve at least 2 applications under this section.


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


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


"(j) STATE OBLIGATIONS.--


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


"(2) DISTRIBUTION OF GRANT FUNDS.--With respect to a grant to a State under section 2004, an Indian tribe shall be eligible for funding directly from that State, and shall not be required to seek funding from any local government.


"(3) IMPOSITION OF REQUIREMENTS.--A State may not impose unreasonable or unduly burdensome requirements on an Indian tribe as a condition of providing the Indian tribe with grant funds or resources under section 2004.


"(k) RULE OF CONSTRUCTION.--Nothing in this section shall be construed to affect the authority of an Indian tribe that receives funds under this subtitle.


<< 6 USCA § 607 >>

"SEC. 2006. TERRORISM PREVENTION.


"(a) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.--


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


"(2) LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES.--Law enforcement terrorism prevention activities include--


"(A) information sharing and analysis;


"(B) target hardening;


"(C) threat recognition;


"(D) terrorist interdiction;


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


*281

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


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


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


"(I) any other terrorism prevention activity authorized by the Administrator.


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


"(b) OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.--


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


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


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


"(4) RESPONSIBILITIES.--The Assistant Secretary for State and Local Law Enforcement shall--


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


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


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


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


"(E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the *282 Department of Justice, the National Institute of Justice, law enforcement organizations, and other appropriate entities to support the development, promulgation, and updating, as necessary, of national voluntary consensus standards for training and personal protective equipment to be used in a tactical environment by law enforcement officers; and


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


"(5) RULE OF CONSTRUCTION.--Nothing in this subsection shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the Administrator.


<< 6 USCA § 608 >>

"SEC. 2007. PRIORITIZATION.


"(a) IN GENERAL.--In allocating funds among States and high-risk urban areas applying for grants under section 2003 or 2004, the Administrator shall consider, for each State or high-risk urban area--


"(1) its relative threat, vulnerability, and consequences from acts of terrorism, including consideration of--


"(A) its population, including appropriate consideration of military, tourist, and commuter populations;


"(B) its population density;


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


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


"(E) the most current threat assessments available to the Department;


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


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


"(H) its likely need to respond to acts of terrorism occurring in nearby jurisdictions;


"(I) the extent to which it has unmet target capabilities;


"(J) in the case of a high-risk urban area, the extent to which that high-risk urban area includes--


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


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


*283

"(K) such other factors as are specified in writing by the Administrator; and


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


"(b) TYPES OF THREAT.--In assessing threat under this section, the Administrator shall consider the following types of threat to critical infrastructure sectors and to populations in all areas of the United States, urban and rural:


"(1) Biological.


"(2) Chemical.


"(3) Cyber.


"(4) Explosives.


"(5) Incendiary.


"(6) Nuclear.


"(7) Radiological.


"(8) Suicide bombers.


"(9) Such other types of threat determined relevant by the Administrator.


<< 6 USCA § 609 >>

"SEC. 2008. USE OF FUNDS.


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


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


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


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


"(4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;


"(5) ensuring operability and achieving interoperability of emergency communications;


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


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


"(8) enhancing school preparedness;


"(9) supporting public safety answering points;


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


*284

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


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


"(13) any other appropriate activity, as determined by the Administrator.


"(b) LIMITATIONS ON USE OF FUNDS.--


"(1) IN GENERAL.--Funds provided under section 2003 or 2004 may not be used--


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


"(B) for any State or local government cost-sharing contribution.


"(2) PERSONNEL.--


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


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


"(3) CONSTRUCTION.--


"(A) IN GENERAL.--A grant awarded under section 2003 or 2004 may not be used to acquire land or to construct buildings or other physical facilities.


"(B) EXCEPTIONS.--


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


"(ii) REQUIREMENTS FOR EXCEPTION.--No grant awarded under section 2003 or 2004 may be used for a purpose described in clause (i) unless--


"(I) specifically approved by the Administrator;


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


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


*285

"(4) RECREATION.--Grants awarded under this subtitle may not be used for recreational or social purposes.


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


"(d) REIMBURSEMENT OF COSTS.--


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


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


"(e) FLEXIBILITY IN UNSPENT HOMELAND SECURITY GRANT FUNDS.--Upon request by the recipient of a grant under section 2003 or 2004, the Administrator may authorize the grant recipient to transfer all or part of the grant funds from uses specified in the grant agreement to other uses authorized under this section, if the Administrator determines that such transfer is in the interests of homeland security.


"(f) EQUIPMENT STANDARDS.--If an applicant for a grant under section 2003 or 2004 proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that do not meet or exceed any applicable national voluntary consensus standards developed under section 647 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than equipment or systems that meet or exceed such standards.


<< 6 USCA prec. § 611 >>

"Subtitle B--Grants Administration

<< 6 USCA § 611 >>

"SEC. 2021. ADMINISTRATION AND COORDINATION.


"(a) REGIONAL COORDINATION.--The Administrator shall ensure that--


"(1) all recipients of grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters (excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency *286 Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.)) coordinate, as appropriate, their prevention, preparedness, and protection efforts with neighboring State, local, and tribal governments; and


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


"(b) PLANNING COMMITTEES.--


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


"(2) COMPOSITION.--


"(A) IN GENERAL.--The planning committee shall include representatives of significant stakeholders, including--


"(i) local and tribal government officials; and


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


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


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


"(c) INTERAGENCY COORDINATION.--


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


"(A) compile a comprehensive list of Federal grant programs for State, local, and tribal governments for preventing, preparing for, protecting against, and responding *287 to natural disasters, acts of terrorism, and other man-made disasters;


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


"(C) develop recommendations, as appropriate, to--


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


"(ii) ensure accountability of the programs to the intended purposes of such programs;


"(iii) coordinate allocation of grant funds to avoid duplicative or inconsistent purchases by the recipients;


"(iv) make the programs more accessible and user friendly to applicants; and


"(v) ensure the programs are coordinated to enhance the overall preparedness of the Nation;


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


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


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


"(d) SENSE OF CONGRESS.--It is the sense of Congress that, in order to ensure that the Nation is most effectively able to prevent, prepare for, protect against, and respond to all hazards, including natural disasters, acts of terrorism, and other man-made disasters--


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


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


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


<< 6 USCA § 612 >>

"SEC. 2022. ACCOUNTABILITY.


"(a) AUDITS OF GRANT PROGRAMS.--


"(1) COMPLIANCE REQUIREMENTS.--


*288

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


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


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


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


"(ii) reporting any improper payments to the Department.


"(2) AGENCY PROGRAM REVIEW.--


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


"(B) CONTENTS.--Each review under subparagraph (A) shall, at a minimum, examine--


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


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


"(C) AUTHORIZATION OF APPROPRIATIONS.--In addition to any other amounts authorized to be appropriated to the Administrator, there are authorized to be appropriated to the Administrator for reviews under this paragraph--


"(i) $8,000,000 for each of fiscal years 2008, 2009, and 2010; and


"(ii) such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.


"(3) OFFICE OF INSPECTOR GENERAL PERFORMANCE AUDITS.--


"(A) IN GENERAL.--In order to ensure the effective and appropriate use of grants administered by the Department, *289 the Inspector General of the Department each year shall conduct audits of a sample of States and high-risk urban areas that receive grants administered by the Department to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title IV, or title V of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).


"(B) DETERMINING SAMPLES.--The sample selected for audits under subparagraph (A) shall be--


"(i) of an appropriate size to--


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


"(II) act as a deterrent to financial mismanagement; and


"(ii) selected based on--


"(I) the size of the grants awarded to the recipient;


"(II) the past grant management performance of the recipient;


"(III) concerns identified by the Administrator, including referrals from the Administrator; and


"(IV) such other factors as determined by the Inspector General of the Department.


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


"(D) REPORT BY THE INSPECTOR GENERAL.--


"(i) IN GENERAL.--The Inspector General of the Department shall submit to the appropriate committees of Congress an annual consolidated report regarding the audits completed during the fiscal year before the date of that report.


"(ii) CONTENTS.--Each report submitted under clause (i) shall describe, for the fiscal year before the date of that report--


"(I) the audits conducted under subparagraph (A);


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


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


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


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


*290

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


"(F) PROVISION OF INFORMATION TO ADMINISTRATOR.--The Inspector General of the Department shall provide to the Administrator any findings and recommendations from audits conducted under subparagraph (A).


"(G) EVALUATION OF GRANTS MANAGEMENT AND OVERSIGHT.--Not later than 1 year after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department shall review and evaluate the grants management and oversight practices of the Federal Emergency Management Agency, including assessment of and recommendations relating to--


"(i) the skills, resources, and capabilities of the workforce; and


"(ii) any additional resources and staff necessary to carry out such management and oversight.


"(H) AUTHORIZATION OF APPROPRIATIONS.--In addition to any other amounts authorized to be appropriated to the Inspector General of the Department, there are authorized to be appropriated to the Inspector General of the Department for audits under subparagraph (A)--


"(i) $8,500,000 for each of fiscal years 2008, 2009, and 2010; and


"(ii) such sums as are necessary for fiscal year 2011, and each fiscal year thereafter.


"(4) PERFORMANCE ASSESSMENT.--In order to ensure that States and high-risk urban areas are using grants administered by the Department appropriately to meet target capabilities and preparedness priorities, the Administrator shall--


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


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


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


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


"(5) CONSIDERATION OF ASSESSMENTS.--In conducting program reviews and performance audits under paragraphs (2) and (3), the Administrator and the Inspector General of the *291 Department shall take into account the performance assessment elements required under paragraph (4).


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


"(A) a financial audit has identified improper payments that can be recouped; and


"(B) it is cost effective to conduct a recovery audit to recapture the targeted funds.


"(7) REMEDIES FOR NONCOMPLIANCE.--


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


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


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


"(iii) refer the matter to the Inspector General of the Department for further investigation;


"(iv) terminate any payment of grant funds to be made to the recipient; or


"(v) take such other action as the Administrator determines appropriate.


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


"(b) REPORTS BY GRANT RECIPIENTS.--


"(1) QUARTERLY REPORTS ON HOMELAND SECURITY SPENDING.--


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


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


"(i) the amount obligated to that recipient under section 2003 or 2004 in that quarter;


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


*292

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


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


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


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


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


"(iv) how the funds were used by each recipient or subgrantee during that fiscal year.


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


"(c) REPORTS BY THE ADMINISTRATOR.--


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


"(2) RISK ASSESSMENT.--


"(A) IN GENERAL.--For each fiscal year, the Administrator shall provide to the appropriate committees of Congress a detailed and comprehensive explanation of the methodologies used to calculate risk and compute the allocation of funds for grants administered by the Department, including--


"(i) all variables included in the risk assessment and the weights assigned to each such variable;


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


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


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


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


"(i) October 31; or


"(ii) 30 days before the issuance of any program guidance for grants administered by the Department.


*293

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


SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.


(a) NATIONAL ADVISORY COUNCIL.--Section 508(b) of the Homeland Security Act of 2002 (6 U.S.C. 318(b)) is amended--


<< 6 USCA § 318 >>

(1) by striking "The National Advisory" the first place that term appears and inserting the following:


"(1) IN GENERAL.--The National Advisory"; and


<< 6 USCA § 318 >>

(2) by adding at the end the following:


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


<< 6 USCA § 321a >>

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


SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006.


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


<< 6 USCA § 752 >>

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


<< 6 USCA § 752 >>

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


<< 6 USCA § 752 >>

(3) by adding at the end the following:


"(E) an evaluation of the extent to which grants administered by the Department, including grants under Title XX of the Homeland Security Act of 2002--


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


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


<< 6 USCA § 752 >>

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


*294


SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.


(a) IN GENERAL.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended--


<< 6 USCA prec. § 591 >>

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


<< 6 USCA § 591 >>

<< 6 USCA § 592 >>

<< 6 USCA § 593 >>

<< 6 USCA § 594 >>

<< 6 USCA § 595 >>

<< 6 USCA § 596 >>

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


<< 6 USCA § 594 >>

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


<< 6 USCA § 596 >>

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


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


"TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

"Sec. 1901. Domestic Nuclear Detection Office.


"Sec. 1902. Mission of Office.


"Sec. 1903. Hiring authority.


"Sec. 1904. Testing authority.


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


"Sec. 1906. Contracting and grant making authorities.


"TITLE XX--HOMELAND SECURITY GRANTS

"Sec. 2001. Definitions.


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

"Sec. 2002. Homeland Security Grant Programs.


"Sec. 2003. Urban Area Security Initiative.


"Sec. 2004. State Homeland Security Grant Program.


"Sec. 2005. Grants to directly eligible tribes.


"Sec. 2006. Terrorism prevention.


"Sec. 2007. Prioritization.


"Sec. 2008. Use of funds.


"Subtitle B--Grants Administration

"Sec. 2021. Administration and coordination.


"Sec. 2022. Accountability.".


TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.


<< 6 USCA § 762 >>

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


"SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.


"(a) DEFINITIONS.--In this section--


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


"(2) the term 'State' has the meaning given that term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).


"(b) IN GENERAL.--The Administrator of the Federal Emergency Management Agency shall continue implementation of an emergency management performance grants program, to make grants *295 to States to assist State, local, and tribal governments in preparing for all hazards, as authorized by the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).


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


"(d) APPORTIONMENT.--For fiscal year 2008, and each fiscal year thereafter, the Administrator shall apportion the amounts appropriated to carry out the program among the States as follows:


"(1) BASELINE AMOUNT.--The Administrator shall first apportion 0.25 percent of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the Virgin Islands and 0.75 percent of such amounts to each of the remaining States.


"(2) REMAINDER.--The Administrator shall apportion the remainder of such amounts in the ratio that--


"(A) the population of each State; bears to


"(B) the population of all States.


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


"(f) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated to carry out the program--


"(1) for fiscal year 2008, $400,000,000;


"(2) for fiscal year 2009, $535,000,000;


"(3) for fiscal year 2010, $680,000,000;


"(4) for fiscal year 2011, $815,000,000; and


"(5) for fiscal year 2012, $950,000,000.".


SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.


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


<< 42 USCA § 5196c >>

"SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.


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


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


*296

TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.


<< 6 USCA § 579 >>

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


"SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.


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


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


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


"(2) comply with the National Emergency Communications Plan under section 1802, when completed.


"(c) ADMINISTRATION.--


"(1) IN GENERAL.--The Administrator of the Federal Emergency Management Agency shall administer the Interoperable Emergency Communications Grant Program pursuant to the responsibilities and authorities of the Administrator under title V of the Act.


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


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


"(e) APPROVAL OF PLANS.--


"(1) APPROVAL AS CONDITION OF GRANT.--Before a State may receive a grant under this section, the Director of Emergency Communications shall approve the State's Statewide Interoperable Communications Plan required under section *297 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)).


"(2) PLAN REQUIREMENTS.--In approving a plan under this subsection, the Director of Emergency Communications shall ensure that the plan--


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


"(B) considers any applicable local or regional plan; and


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


"(3) APPROVAL OF REVISIONS.--The Director of Emergency Communications may approve revisions to a State's plan if the Director determines that doing so is likely to further interoperability.


"(f) LIMITATIONS ON USES OF FUNDS.--


"(1) IN GENERAL.--The recipient of a grant under this section may not use the grant--


"(A) to supplant State or local funds;


"(B) for any State or local government cost-sharing contribution; or


"(C) for recreational or social purposes.


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


"(g) LIMITATIONS ON AWARD OF GRANTS.--


"(1) NATIONAL EMERGENCY COMMUNICATIONS PLAN REQUIRED.--The Secretary may not award a grant under this section before the date on which the Secretary completes and submits to Congress the National Emergency Communications Plan required under section 1802.


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


"(h) AWARD OF GRANTS.--In approving applications and awarding grants under this section, the Secretary shall consider--


"(1) the risk posed to each State by natural disasters, acts of terrorism, or other manmade disasters, including--


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


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


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


"(D) whether the State is on or near an international border;


*298

"(E) whether the State encompasses an economically significant border crossing; and


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


"(2) the anticipated effectiveness of the State's proposed use of grant funds to improve interoperability.


"(i) OPPORTUNITY TO AMEND APPLICATIONS.--In considering applications for grants under this section, the Administrator shall provide applicants with a reasonable opportunity to correct defects in the application, if any, before making final awards.


"(j) MINIMUM GRANT AMOUNTS.--


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


"(A) For fiscal year 2008, 0.50 percent.


"(B) For fiscal year 2009, 0.50 percent.


"(C) For fiscal year 2010, 0.45 percent.


"(D) For fiscal year 2011, 0.40 percent.


"(E) For fiscal year 2012 and each subsequent fiscal year, 0.35 percent.


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


"(k) CERTIFICATION.--Each State that receives a grant under this section shall certify that the grant is used for the purpose for which the funds were intended and in compliance with the State's approved Statewide Interoperable Communications Plan.


"(l) STATE RESPONSIBILITIES.--


"(1) AVAILABILITY OF FUNDS TO LOCAL AND TRIBAL GOVERNMENTS.--Not later than 45 days after receiving grant funds, any State that receives a grant under this section shall obligate or otherwise make available to local and tribal governments--


"(A) not less than 80 percent of the grant funds;


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


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


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


"(3) PENALTIES.--If a State violates the requirements of this subsection, in addition to other remedies available to the *299 Secretary, the Secretary may terminate or reduce the amount of the grant awarded to that State or transfer grant funds previously awarded to the State directly to the appropriate local or tribal government.


"(m) REPORTS.--


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


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


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


"(o) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated for grants under this section--


"(1) for fiscal year 2008, such sums as may be necessary;


"(2) for each of fiscal years 2009 through 2012, $400,000,000; and


"(3) for each subsequent fiscal year, such sums as may be necessary.".


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


"Sec. 1809. Interoperable Emergency Communications Grant Program.".


(c) INTEROPERABLE COMMUNICATIONS PLANS.--Section 7303 of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194) is amended--


(1) in subsection (f)--


<< 6 USCA § 194 >>

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


<< 6 USCA § 194 >>

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


<< 6 USCA § 194 >>

(C) by adding at the end the following:


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


"(7) describe the method by which multi-jurisdictional, multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the *300 jurisdiction, and the process for continuing to incorporate such input.";


<< 6 USCA § 194 >>

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


(d) NATIONAL EMERGENCY COMMUNICATIONS PLAN.--Section 1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--


<< 6 USCA § 572 >>

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


<< 6 USCA § 572 >>

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


<< 6 USCA § 572 >>

(3) by adding at the end the following:


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


SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.


<< 6 USCA § 580 >>

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


"SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.


"(a) IN GENERAL.--


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


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


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


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


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


*301

"(1) identify solutions to facilitate interoperable communications across national borders expeditiously;


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


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


"(4) identify appropriate joint-use equipment to ensure communications access;


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


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


"(d) DISTRIBUTION OF FUNDS.--


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


"(2) OTHER PARTICIPANTS.--A State shall make the funds available promptly to the local and tribal governments and emergency response providers selected by the Secretary to participate in the demonstration project.


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


"(e) MAXIMUM PERIOD OF GRANTS.--The Director may not fund any participant under the demonstration project for more than 3 years.


"(f) TRANSFER OF INFORMATION AND KNOWLEDGE.--The Director shall establish mechanisms to ensure that the information and knowledge gained by participants in the demonstration project are transferred among the participants and to other interested parties, including other communities that submitted applications to the participant in the project.


"(g) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated for grants under this section such sums as may be necessary.".


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


"Sec. 1810. Border interoperability demonstration project.".


TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

SEC. 401. DEFINITIONS.


(a) IN GENERAL.--Section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311) is amended--


<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

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


*302


<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

<< 6 USCA § 311 >>

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


<< 6 USCA § 311 >>

(3) by inserting after paragraph (3) the following:


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


<< 6 USCA § 311 >>

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


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


<< 6 USCA § 311 >>

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


<< 6 USCA § 311 >>

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


<< 6 USCA § 311 >>

(7) by adding at the end the following:


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


(b) TECHNICAL AND CONFORMING AMENDMENTS.--Section 641 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741) is amended--


<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

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


<< 6 USCA § 741 >>

(2) by inserting after paragraph (1) the following:


"(2) CREDENTIALED; CREDENTIALING.--The terms 'credentialed' and 'credentialing' have the meanings given those terms in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311)."; and


<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

<< 6 USCA § 741 >>

(3) by adding at the end the following:


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


"(13) TYPE.--The term 'type' means a classification of resources that refers to the capability of a resource.


"(14) TYPED; TYPING.--The terms 'typed' and 'typing' have the meanings given those terms in section 501 of the Homeland Security Act of 2002 (6 U.S.C. 311).".


SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.


<< 6 USCA § 748 >>

<< 6 USCA § 748 >>

<< 6 USCA § 748 >>

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


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


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


*303

"(vi) designed to promptly develop after-action reports and plans for quickly incorporating lessons learned into future operations; and".


SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.


<< 6 USCA § 748 >>

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


SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR PREPAREDNESS.


Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 317(c)(2)) is amended--


<< 6 USCA § 317 >>

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


<< 6 USCA § 317 >>

<< 6 USCA § 317 >>

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


<< 6 USCA § 317 >>

<< 6 USCA § 317 >>

(3) by inserting after subparagraph (H) the following:


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


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


SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.


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


(1) in subsection (b)--


<< 6 USCA § 751 >>

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


<< 6 USCA § 751 >>

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


<< 6 USCA § 751 >>

<< 6 USCA § 751 >>

<< 6 USCA § 751 >>

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


<< 6 USCA § 751 >>

(D) by inserting after paragraph (1) the following:


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


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


(2) in subsection (d)--


<< 6 USCA § 751 >>

(A) in paragraph (1), by striking "capabilities, readiness" and all that follows and inserting the following: "--


"(A) capabilities;


"(B) readiness;


"(C) the compatibility of equipment;


"(D) credentialed personnel; and


"(E) typed resources;";


*304


<< 6 USCA § 751 >>

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


<< 6 USCA § 751 >>

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


SEC. 406. REPORTING REQUIREMENTS.


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


<< 6 USCA § 752 >>

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


<< 6 USCA § 752 >>

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


<< 6 USCA § 752 >>

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


<< 6 USCA § 752 >>

(4) by adding at the end the following:


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


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


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


SEC. 407. FEDERAL PREPAREDNESS.


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


(1) in subsection (a)--


<< 6 USCA § 753 >>

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


<< 6 USCA § 753 >>

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


<< 6 USCA § 753 >>

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


<< 6 USCA § 753 >>

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


<< 6 USCA § 753 >>

(E) by adding at the end the following:


"(5) regularly updates, verifies the accuracy of, and provides to the Administrator the information in the inventory required under section 651.'; and


<< 6 USCA § 753 >>

(2) in subsection (d)--


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


(B) by striking "coordinating, primary, or supporting".


SEC. 408. CREDENTIALING AND TYPING.


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


*305


<< 6 USCA § 320 >>

(1) by striking "The Administrator" and inserting the following:


"(a) IN GENERAL.--The Administrator";


<< 6 USCA § 320 >>

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


<< 6 USCA § 320 >>

<< 6 USCA § 320 >>

<< 6 USCA § 320 >>

(3) by adding at the end the following:


"(b) DISTRIBUTION.--


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


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


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


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


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


"(d) CONSULTATION ON HEALTH CARE STANDARDS.--In developing standards for credentialing health care professionals under this section, the Administrator shall consult with the Secretary of Health and Human Services.".


SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE WORKERS.


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


*306


<< 6 USCA § 321k >>

"SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL INFRASTRUCTURE WORKERS.


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


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


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


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


SEC. 410. AUTHORIZATION OF APPROPRIATIONS.


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


TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL

GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

Subtitle A--Homeland Security Information Sharing Enhancement

SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.


(a) ADVISORY SYSTEM AND INFORMATION SHARING.--


<< 6 USCA § 124 >>

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


"SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.


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


*307

"(b) REQUIRED ELEMENTS.--In administering the Homeland Security Advisory System, the Secretary shall--


"(1) establish criteria for the issuance and revocation of such advisories or warnings;


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


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


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


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


<< 6 USCA § 124a >>

"SEC. 204. HOMELAND SECURITY INFORMATION SHARING.


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


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


"(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMATION.--


"(1) ESTABLISHMENT OF BUSINESS PROCESSES.--The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall--


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


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


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


*308

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


"(d) TRAINING AND EVALUATION OF EMPLOYEES.--


"(1) TRAINING.--The Secretary, acting through the Under Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall provide to employees of the Department opportunities for training and education to develop an understanding of--


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


"(B) how information available to such employees as part of their duties--


"(i) might qualify as homeland security information or national intelligence; and


"(ii) might be relevant to the Office of Intelligence and Analysis and the intelligence components of the Department.


"(2) EVALUATIONS.--The Under Secretary for Intelligence and Analysis shall--


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


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


<< 6 USCA § 124b >>

"SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.


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


"(b) COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE DEFINED.--The term 'comprehensive information technology network architecture' means an integrated framework for evolving or maintaining existing information technology and acquiring new information technology to achieve the strategic management and information resources management goals of the Office of Intelligence and Analysis.


*309


<< 6 USCA § 124c >>

"SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.


"(a) GUIDANCE.--All activities to comply with sections 203, 204, and 205 shall be--


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


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


"(3) consistent with any applicable guidance issued by the Director of National Intelligence; and


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


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


(2) TECHNICAL AND CONFORMING AMENDMENTS.--


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


<< 6 USCA § 121 >>

(i) by striking paragraph (7); and


<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

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


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


"Sec. 203. Homeland Security Advisory System.


"Sec. 204. Homeland security information sharing.


"Sec. 205. Comprehensive information technology network architecture.


"Sec. 206. Coordination with information sharing environment.".


(b) OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF INFRASTRUCTURE PROTECTION.--Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended--


<< 6 USCA § 121 >>

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


<< 6 USCA § 121 >>

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


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


(c) REPORT ON COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.--Not later than 120 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental *310 Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the progress of the Secretary in developing the comprehensive information technology network architecture required under section 205 of the Homeland Security Act of 2002, as added by subsection (a). The report shall include--


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


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


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


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


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


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


(7) an operational best practices plan.


SEC. 502. INTELLIGENCE COMPONENT DEFINED.


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


<< 6 USCA § 101 >>

<< 6 USCA § 101 >>

<< 6 USCA § 101 >>

<< 6 USCA § 101 >>

<< 6 USCA § 101 >>

<< 6 USCA § 101 >>

<< 6 USCA § 101 >>

<< 6 USCA § 101 >>

<< 6 USCA § 101 >>

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


<< 6 USCA § 101 >>

(2) by inserting after paragraph (8) the following:


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


"(A) the United States Secret Service; and


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


*311


<< 6 USCA § 124a NOTE >>

(b) RECEIPT OF INFORMATION FROM UNITED STATES SECRET SERVICE.--


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


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


(c) TECHNICAL AND CONFORMING AMENDMENTS.--


<< 6 USCA § 311 >>

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


<< 14 USCA § 712 >>

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


SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND INFORMATION SHARING.


<< 6 USCA § 124d >>

(a) IN GENERAL.--Subtitle A of title II of the Homeland Security Act of 2002 is further amended by adding at the end the following:


"SEC. 207. INTELLIGENCE COMPONENTS.


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


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


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


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


"(4) To coordinate with the Under Secretary for Intelligence and Analysis in developing policies and requirements for the *312 recruitment and selection of intelligence officials of the intelligence component.


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


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


"(7) To perform such other activities relating to such responsibilities as the Secretary may provide.


<< 6 USCA § 124e >>

"SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS.


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


<< 6 USCA § 124f >>

"SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL GOVERNMENT OFFICIALS.


"(a) CURRICULUM.--The Secretary, acting through the Under Secretary for Intelligence and Analysis, shall--


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


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


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


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


*313


<< 6 USCA § 124g >>

"SEC. 210. INFORMATION SHARING INCENTIVES.


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


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


"(1) promotions and other nonmonetary awards; and


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


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


"Sec. 207. Intelligence components.


"Sec. 208. Training for employees of intelligence components.


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


"Sec. 210. Information sharing incentives.".


SEC. 504. INFORMATION SHARING.


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


(1) in subsection (a)--


<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

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


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


<< 6 USCA § 485 >>

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


"(3) INFORMATION SHARING ENVIRONMENT.--The terms 'information sharing environment' and 'ISE' mean an approach that facilitates the sharing of terrorism and homeland security information, which may include any method determined necessary and appropriate for carrying out this section.";


*314


<< 6 USCA § 485 >>

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


"(5) TERRORISM INFORMATION.--The term 'terrorism information'--


"(A) means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to--


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


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


"(iii) communications of or by such groups or individuals; or


"(iv) groups or individuals reasonably believed to be assisting or associated with such groups or individuals; and


"(B) includes weapons of mass destruction information."; and


<< 6 USCA § 485 >>

(E) by adding at the end the following:


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


(2) in subsection (b)(2)--


<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

(C) by adding at the end the following:


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


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


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


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


"(N) provides a resolution process that enables changes by authorized officials regarding rules and policies for the *315 access, use, and retention of information within the scope of the information sharing environment; and


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


(3) in subsection (f)--


<< 6 USCA § 485 >>

(A) in paragraph (1)--


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


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


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


<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

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


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


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


"(iv) identify and resolve information sharing disputes between Federal departments, agencies, and components; and";


(4) in subsection (g)--


<< 6 USCA § 485 >>

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


(B) in paragraph (2)--


<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

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


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


*316

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


<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

(D) by adding at the end the following:


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


<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

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


<< 6 USCA § 485 >>

<< 6 USCA § 485 >>

"(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.--


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


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


"(i) specifically exempted categories of information from such elimination; and


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


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


"(C) replacing the standards described in subparagraph (B) with a standard that would allow mission-based or threat-based permission to access or share information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, for a particular purpose that the Federal Government, through an appropriate process established in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully *317 permissible for a particular agency, component, or employee (commonly known as an 'authorized use' standard); and


"(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, in any cases in which--


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


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


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


"(k) ADDITIONAL POSITIONS.--The program manager is authorized to hire not more than 40 full-time employees to assist the program manager in--


"(1) activities associated with the implementation of the information sharing environment, including--


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


"(B) any additional implementation initiatives to enhance and expedite the creation of the information sharing environment; and


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


"(l) AUTHORIZATION OF APPROPRIATIONS.--There is authorized to be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009.".


Subtitle B--Homeland Security Information Sharing Partnerships

SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.


<< 6 USCA § 124h >>

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


"SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.


"(a) ESTABLISHMENT.--The Secretary, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer of the Department, the Officer for Civil Rights *318 and Civil Liberties of the Department, and the Privacy and Civil Liberties Oversight Board established under section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a Department of Homeland Security State, Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers.


"(b) DEPARTMENT SUPPORT AND COORDINATION.--Through the Department of Homeland Security State, Local, and Regional Fusion Center Initiative, and in coordination with the principal officials of participating State, local, or regional fusion centers and the officers designated as the Homeland Security Advisors of the States, the Secretary shall--


"(1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;


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


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


"(4) coordinate with other relevant Federal entities engaged in homeland security-related activities;


"(5) provide analytic and reporting advice and assistance to State, local, and regional fusion centers;


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


"(7) provide management assistance to State, local, and regional fusion centers;


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


"(9) facilitate close communication and coordination between State, local, and regional fusion centers and the Department;


"(10) provide State, local, and regional fusion centers with expertise on Department resources and operations;


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


"(12) carry out such other duties as the Secretary determines are appropriate.


"(c) PERSONNEL ASSIGNMENT.--


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


"(2) PERSONNEL SOURCES.--Officers and intelligence analysts assigned to participating fusion centers under this *319 subsection may be assigned from the following Department components, in coordination with the respective component head and in consultation with the principal officials of participating fusion centers:


"(A) Office of Intelligence and Analysis.


"(B) Office of Infrastructure Protection.


"(C) Transportation Security Administration.


"(D) United States Customs and Border Protection.


"(E) United States Immigration and Customs Enforcement.


"(F) United States Coast Guard.


"(G) Other components of the Department, as determined by the Secretary.


"(3) QUALIFYING CRITERIA.--


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


"(B) CRITERIA.--Any criteria developed under subparagraph (A) may include--


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


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


"(iii) whether the fusion center has--


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


"(II) the ability to share and analytically utilize that data for lawful purposes;


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


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


"(4) PREREQUISITE.--


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


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


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


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


*320

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


"(iii) such other training prescribed by the Under Secretary for Intelligence and Analysis.


"(B) PRIOR WORK EXPERIENCE IN AREA.--In determining the eligibility of an officer or intelligence analyst to be assigned to a fusion center under this section, the Under Secretary for Intelligence and Analysis shall consider the familiarity of the officer or intelligence analyst with the State, locality, or region, as determined by such factors as whether the officer or intelligence analyst--


"(i) has been previously assigned in the geographic area; or


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


"(5) EXPEDITED SECURITY CLEARANCE PROCESSING.--The Under Secretary for Intelligence and Analysis--


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


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


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


"(d) RESPONSIBILITIES.--An officer or intelligence analyst assigned to a fusion center under this section shall--


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


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


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


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


"(e) BORDER INTELLIGENCE PRIORITY.--


*321

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


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


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


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


"(C) enhance the Department's situational awareness of the threat of acts of terrorism at or involving the land or maritime borders of the United States.


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


"(g) CONSUMER FEEDBACK.--


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


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


"(h) RULE OF CONSTRUCTION.--


"(1) IN GENERAL.--The authorities granted under this section shall supplement the authorities granted under section *322 201(d) and nothing in this section shall be construed to abrogate the authorities granted under section 201(d).


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


"(i) GUIDELINES.--The Secretary, in consultation with the Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall--


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


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


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


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


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


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


"(7) ensure appropriate security measures are in place for the facility, data, and personnel;


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


"(9) offer a variety of intelligence and information services and products to recipients of fusion center intelligence and information; and


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


"(j) DEFINITIONS.--In this section--


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


*323

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


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


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


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


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


<< 6 USCA § 124h NOTE >>

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


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


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


(d) REPORTS.--


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


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


*324

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


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


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


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


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


SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.


<< 6 USCA § 124i >>

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


"SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.


"(a) ESTABLISHMENT.--


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


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


"(i) the relevant missions and capabilities of the Department and other Federal agencies; and


"(ii) the role, programs, products, and personnel of the Office of Intelligence and Analysis; and


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


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


"(ii) identify information within the scope of the information sharing environment, including homeland *325 security information, terrorism information, and weapons of mass destruction information, that is of interest to State, local, and tribal law enforcement officers, intelligence analysts, and other emergency response providers;


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


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


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


"(b) ELIGIBILITY.--


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


"(A) have homeland security-related responsibilities;


"(B) be eligible for an appropriate security clearance;


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


"(D) be an employee of an eligible entity; and


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


"(2) ELIGIBLE ENTITIES.--In this subsection, the term 'eligible entity' means--


"(A) a State, local, or regional fusion center;


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


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


"(D) a tribal law enforcement or other authority; or


"(E) such other entity as the Secretary determines is appropriate.


*326

"(c) OPTIONAL PARTICIPATION.--No State, local, or tribal law enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.


"(d) PROCEDURES FOR NOMINATION AND SELECTION.--


"(1) IN GENERAL.--The Under Secretary for Intelligence and Analysis shall establish procedures to provide for the nomination and selection of individuals to participate in the Homeland Security Information Sharing Fellows Program.


"(2) LIMITATIONS.--The Under Secretary for Intelligence and Analysis shall--


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


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


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


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


(c) REPORTS.--


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


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


*327


SEC. 513. RURAL POLICING INSTITUTE.


<< 6 USCA § 124j >>

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


"SEC. 210C. RURAL POLICING INSTITUTE.


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


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


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


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


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


"(b) CURRICULA.--The training at the Rural Policing Institute established under subsection (a) shall--


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


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


"(c) DEFINITION.--In this section, the term 'rural' means an area that is not located in a metropolitan statistical area, as defined by the Office of Management and Budget.


"(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section (including for contracts, staff, and equipment)--


"(1) $10,000,000 for fiscal year 2008; and


"(2) $5,000,000 for each of fiscal years 2009 through 2013.".


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


"Sec. 210C. Rural Policing Institute.".


*328

Subtitle C--Interagency Threat Assessment and Coordination Group

SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.


<< 6 USCA § 124k >>

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


"SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.


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


"(b) COMPOSITION OF ITACG.--The ITACG shall consist of--


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


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


"(c) RESPONSIBILITIES OF PROGRAM MANAGER.--The program manager, in consultation with the Information Sharing Council, shall--


"(1) monitor and assess the efficacy of the ITACG; and


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


"(d) RESPONSIBILITIES OF SECRETARY.--The Secretary, or the Secretary's designee, in coordination with the Director of the National Counterterrorism Center and the ITACG Advisory Council, shall--


"(1) create policies and standards for the creation of information products derived from information within the scope of the information sharing environment, including homeland *329 security information, terrorism information, and weapons of mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private sector;


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


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


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


"(5) establish and maintain the ITACG detail, which shall assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence analysts to work in the National Counterterrorism Center who shall--


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


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


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


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


*330

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


"(6) detail a senior intelligence official from the Department of Homeland Security to the National Counterterrorism Center, who shall--


"(A) manage the day-to-day operations of the ITACG Detail;


"(B) report directly to the Director of the National Counterterrorism Center or the Director's designee; and


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


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


"(e) MEMBERSHIP.--The Secretary, or the Secretary's designee, shall serve as the chair of the ITACG Advisory Council, which shall include--


"(1) representatives of--


"(A) the Department;


"(B) the Federal Bureau of Investigation;


"(C) the National Counterterrorism Center;


"(D) the Department of Defense;


"(E) the Department of Energy;


"(F) the Department of State; and


"(G) other Federal entities as appropriate;


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


"(3) executive level law enforcement and intelligence officials from State, local, and tribal governments.


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


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


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


"(g) OPERATIONS.--


"(1) IN GENERAL.--Beginning not later than 90 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the ITACG Advisory *331 Council shall meet regularly, but not less than quarterly, at the facilities of the National Counterterrorism Center of the Office of the Director of National Intelligence.


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


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


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


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


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


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


"(h) INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the ITACG or any subsidiary groups thereof.


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


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


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


*332

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


Subtitle D--Homeland Security Intelligence Offices Reorganization

SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF INFRASTRUCTURE PROTECTION.


(a) IN GENERAL.--Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 201) is amended--


<< 6 USCA § 121 >>

(1) in the section heading, by striking "DIRECTORATE FOR INFORMATION" and inserting "INFORMATION AND";


<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

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


"(a) INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTION.--There shall be in the Department an Office of Intelligence and Analysis and an Office of Infrastructure Protection.


"(b) UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS AND ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.--


"(1) OFFICE OF INTELLIGENCE AND ANALYSIS.--The Office of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed by the President, by and with the advice and consent of the Senate.


"(2) CHIEF INTELLIGENCE OFFICER.--The Under Secretary for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department.


"(3) OFFICE OF INFRASTRUCTURE PROTECTION.--The Office of Infrastructure Protection shall be headed by an Assistant Secretary for Infrastructure Protection, who shall be appointed by the President.


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


*333

(3) in subsection (d)--


<< 6 USCA § 121 >>

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


<< 6 USCA § 121 >>

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


<< 6 USCA § 121 >>

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


<< 6 USCA § 121 >>

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


<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

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


<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

<< 6 USCA § 121 >>

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


"(18) To coordinate and enhance integration among the intelligence components of the Department, including through strategic oversight of the intelligence activities of such components.


"(19) To establish the intelligence collection, processing, analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components of the Department, consistent with any directions from the President and, as applicable, the Director of National Intelligence.


"(20) To establish a structure and process to support the missions and goals of the intelligence components of the Department.


"(21) To ensure that, whenever possible, the Department--


"(A) produces and disseminates unclassified reports and analytic products based on open-source information; and


"(B) produces and disseminates such reports and analytic products contemporaneously with reports or analytic products concerning the same or similar information that the Department produced and disseminated in a classified format.


"(22) To establish within the Office of Intelligence and Analysis an internal continuity of operations plan.


"(23) Based on intelligence priorities set by the President, and guidance from the Secretary and, as appropriate, the Director of National Intelligence--


"(A) to provide to the heads of each intelligence component of the Department guidance for developing the budget pertaining to the activities of such component; and


"(B) to present to the Secretary a recommendation for a consolidated budget for the intelligence components of the Department, together with any comments from the heads of such components.";


<< 6 USCA § 121 >>

(4) in subsection (e)(1)--


(A) by striking "Directorate" the first place that term appears and inserting "Office of Intelligence and Analysis and the Office of Infrastructure Protection"; and


*334

(B) by striking "the Directorate in discharging" and inserting "such offices in discharging";


<< 6 USCA § 121 >>

(5) in subsection (f)(1), by striking "Directorate" and inserting "Office of Intelligence and Analysis and the Office of Infrastructure Protection"; and


<< 6 USCA § 121 >>

(6) In subsection (g), in the matter preceding paragraph (1), by striking "Under Secretary for Information Analysis and Infrastructure Protection" and inserting "Office of Intelligence and Analysis and the Office of Infrastructure Protection".


(b) TECHNICAL AND CONFORMING AMENDMENTS.--


(1) IN GENERAL.--Such Act is further amended--


<< 6 USCA § 143 >>

(A) in section 223, by striking "Under Secretary for Information Analysis and Infrastructure Protection" and inserting "Under Secretary for Intelligence and Analysis, in cooperation with the Assistant Secretary for Infrastructure Protection";


<< 6 USCA § 144 >>

(B) in section 224, by striking "Under Secretary for Information Analysis and Infrastructure Protection" and inserting "Assistant Secretary for Infrastructure Protection";


<< 6 USCA § 182 >>

(C) in section 302(3), by striking "Under Secretary for Information Analysis and Infrastructure Protection" and inserting "Under Secretary for Intelligence and Analysis and the Assistant Secretary for Infrastructure Protection"; and


(D) in section 521(d)--


<< 6 USCA § 321j >>

(i) in paragraph (1), by striking "Directorate for Information Analysis and Infrastructure Protection" and inserting "Office of Intelligence and Analysis"; and


<< 6 USCA § 321j >>

(ii) in paragraph (2), by striking "Under Secretary for Information Analysis and Infrastructure Protection" and inserting "Under Secretary for Intelligence and Analysis".


(2) ADDITIONAL UNDER SECRETARY.--Section 103(a) of the Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended--


<< 6 USCA § 113 >>

<< 6 USCA § 113 >>

<< 6 USCA § 113 >>

(A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and


<< 6 USCA § 113 >>

(B) by inserting after paragraph (7) the following:


"(8) An Under Secretary responsible for overseeing critical infrastructure protection, cybersecurity, and other related programs of the Department.".


<< 6 USCA prec. § 121 >>

(3) HEADING.--Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the subtitle heading by striking "Directorate for Information" and inserting "Information and".


(4) TABLE OF CONTENTS.--The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended in the table of contents in section 1(b) by striking the items relating to subtitle A of title II and section 201 and inserting the following:


"Subtitle A--Information and Analysis and Infrastructure Protection; Access to Information


"Sec. 201. Information and Analysis and Infrastructure Protection.".


<< 50 USCA § 403-6 >>

(5) NATIONAL SECURITY ACT OF 1947.--Section 106(b)(2)(I) of the National Security Act of 1947 (50 U.S.C. 403-6) is amended to read as follows:


*335

"(I) The Under Secretary of Homeland Security for Intelligence and Analysis.".


<< 6 USCA § 121 NOTE >>

(c) TREATMENT OF INCUMBENT.--The individual administratively performing the duties of the Under Secretary for Intelligence and Analysis as of the date of the enactment of this Act may continue to perform such duties after the date on which the President nominates an individual to serve as the Under Secretary pursuant to section 201 of the Homeland Security Act of 2002, as amended by this section, and until the individual so appointed assumes the duties of the position.


Subtitle E--Authorization of Appropriations

SEC. 541. AUTHORIZATION OF APPROPRIATIONS.


There is authorized to be appropriated for each of fiscal years 2008 through 2012 such sums as may be necessary to carry out this title and the amendments made by this title.


TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

<< 50 USCA § 415c >>

SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING INFORMATION.


(a) AMOUNTS APPROPRIATED EACH FISCAL YEAR.--Not later than 30 days after the end of each fiscal year beginning with fiscal year 2007, the Director of National Intelligence shall disclose to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for such fiscal year.


(b) WAIVER.--Beginning with fiscal year 2009, the President may waive or postpone the disclosure required by subsection (a) for any fiscal year by, not later than 30 days after the end of such fiscal year, submitting to the Select Committee on Intelligence of the Senate and Permanent Select Committee on Intelligence of the House of Representatives--


(1) a statement, in unclassified form, that the disclosure required in subsection (a) for that fiscal year would damage national security; and


(2) a statement detailing the reasons for the waiver or postponement, which may be submitted in classified form.


(c) DEFINITION.--As used in this section, the term "National Intelligence Program" has the meaning given the term in section 3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)).


<< 50 USCA § 435 NOTE >>

SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.


The Public Interest Declassification Act of 2000 (50 U.S.C. 435 note) is amended--


(1) by striking "Director of Central Intelligence" each place that term appears and inserting "Director of National Intelligence";


(2) in section 704(e)--


(A) by striking "If requested" and inserting the following:


"(1) IN GENERAL.--If requested"; and


*336

(B) by adding at the end the following:


"(2) AUTHORITY OF BOARD.--Upon receiving a congressional request described in section 703(b)(5), the Board may conduct the review and make the recommendations described in that section, regardless of whether such a review is requested by the President.


"(3) REPORTING.--Any recommendations submitted to the President by the Board under section 703(b)(5), shall be submitted to the chairman and ranking minority member of the committee of Congress that made the request relating to such recommendations.";


(3) in section 705(c), in the subsection heading, by striking "Director of Central Intelligence" and inserting "Director of National Intelligence"; and


(4) in section 710(b), by striking "8 years after the date" and all that follows and inserting "on December 31, 2012.".


SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 COMMISSION RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE REFORM AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.


(a) FINDINGS.--Congress makes the following findings:


(1) The National Commission on Terrorist Attacks Upon the United States (referred to in this section as the "9/11 Commission") conducted a lengthy review of the facts and circumstances relating to the terrorist attacks of September 11, 2001, including those relating to the intelligence community, law enforcement agencies, and the role of congressional oversight and resource allocation.


(2) In its final report, the 9/11 Commission found that--


(A) congressional oversight of the intelligence activities of the United States is dysfunctional;


(B) under the rules of the Senate and the House of Representatives in effect at the time the report was completed, the committees of Congress charged with oversight of the intelligence activities lacked the power, influence, and sustained capability to meet the daunting challenges faced by the intelligence community of the United States;


(C) as long as such oversight is governed by such rules of the Senate and the House of Representatives, the people of the United States will not get the security they want and need;


(D) a strong, stable, and capable congressional committee structure is needed to give the intelligence community of the United States appropriate oversight, support, and leadership; and


(E) the reforms recommended by the 9/11 Commission in its final report will not succeed if congressional oversight of the intelligence community in the United States is not changed.


(3) The 9/11 Commission recommended structural changes to Congress to improve the oversight of intelligence activities.


(4) Congress has enacted some of the recommendations made by the 9/11 Commission and is considering implementing additional recommendations of the 9/11 Commission.


*337

(5) The Senate adopted Senate Resolution 445 in the 108th Congress to address some of the intelligence oversight recommendations of the 9/11 Commission by abolishing term limits for the members of the Select Committee on Intelligence, clarifying jurisdiction for intelligence-related nominations, and streamlining procedures for the referral of intelligence-related legislation, but other aspects of the 9/11 Commission recommendations regarding intelligence oversight have not been implemented.


(b) SENSE OF THE SENATE.--It is the sense of the Senate that the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate each, or jointly, should--


(1) undertake a review of the recommendations made in the final report of the 9/11 Commission with respect to intelligence reform and congressional intelligence oversight reform;


(2) review and consider any other suggestions, options, or recommendations for improving intelligence oversight; and


(3) not later than December 21, 2007, submit to the Senate a report that includes the recommendations of the committees, if any, for carrying out such reforms.


SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST DECLASSIFICATION BOARD.


Section 21067 of the Continuing Appropriations Resolution, 2007 (division B of Public Law 109-289; 120 Stat. 1311), as amended by Public Law 109-369 (120 Stat. 2642), Public Law 109-383 (120 Stat. 2678), and Public Law 110-5, is amended by adding at the end the following new subsection:


"(c) From the amount provided by this section, the National Archives and Records Administration may obligate monies necessary to carry out the activities of the Public Interest Declassification Board.".


SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001.


(a) PUBLIC AVAILABILITY.--Not later than 30 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall prepare and make available to the public a version of the Executive Summary of the report entitled the "Office of Inspector General Report on Central Intelligence Agency Accountability Regarding Findings and Conclusions of the Joint Inquiry into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001" issued in June 2005 that is declassified to the maximum extent possible, consistent with national security.


(b) REPORT TO CONGRESS.--The Director of the Central Intelligence Agency shall submit to Congress a classified annex to the redacted Executive Summary made available under subsection (a) that explains the reason that any redacted material in the Executive Summary was withheld from the public.


*338

TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

Subtitle A--Terrorist Travel

SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE TERRORIST INFORMATION.


(a) REPORT REQUIRED.--Not later than 270 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security, in conjunction with the Director of National Intelligence and the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees a report on efforts of the Government of the United States to collaborate with international partners and allies of the United States to increase border security, enhance global document security, and exchange terrorism information.


(b) CONTENTS.--The report required by subsection (a) shall outline--


(1) all presidential directives, programs, and strategies for carrying out and increasing United States Government efforts described in subsection (a);


(2) the goals and objectives of each of these efforts;


(3) the progress made in each of these efforts; and


(4) the projected timelines for each of these efforts to become fully functional and effective.


(c) DEFINITION.--In this section, the term "appropriate congressional committees" means--


(1) the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Select Committee on Intelligence of the House of Representatives; and


(2) the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.


Subtitle B--Visa Waiver

SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.


<< 8 USCA § 1101 NOTE >>

(a) SHORT TITLE.--This section may be cited as the "Secure Travel and Counterterrorism Partnership Act of 2007".


<< 8 USCA § 1187 NOTE >>

(b) SENSE OF CONGRESS.--It is the sense of Congress that--


(1) the United States should modernize and strengthen the security of the visa waiver program under section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) by simultaneously--


(A) enhancing program security requirements; and


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


(i) that are actively cooperating with the United States to prevent terrorist travel, including sharing *339 counterterrorism and law enforcement information; and


(ii) whose nationals have demonstrated their compliance with the provisions of the Immigration and Nationality Act regarding the purpose and duration of their admission to the United States; and


(2) the modernization described in paragraph (1) will--


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


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


(C) strengthen bilateral relationships.


<< 8 USCA § 1187 >>

<< 8 USCA § 1187 >>

(c) DISCRETIONARY VISA WAIVER PROGRAM EXPANSION.--Section 217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by adding at the end the following new paragraphs:


"(8) NONIMMIGRANT VISA REFUSAL RATE FLEXIBILITY.--


"(A) CERTIFICATION.--


"(i) IN GENERAL.--On the date on which an air exit system is in place that can verify the departure of not less than 97 percent of foreign nationals who exit through airports of the United States and the electronic travel authorization system required under subsection (h)(3) is fully operational, the Secretary of Homeland Security shall certify to Congress that such air exit system and electronic travel authorization system are in place.


"(ii) NOTIFICATION TO CONGRESS.--The Secretary shall notify Congress in writing of the date on which the air exit system under clause (i) fully satisfies the biometric requirements specified in subsection (i).


"(iii) TEMPORARY SUSPENSION OF WAIVER AUTHORITY.--Notwithstanding any certification made under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009, the Secretary's waiver authority under subparagraph (B) shall be suspended beginning on July 1, 2009, until such time as the Secretary makes such notification.


"(iv) RULE OF CONSTRUCTION.--Nothing in this paragraph shall be construed as in any way abrogating the reporting requirements under subsection (i)(3).


"(B) WAIVER.--After certification by the Secretary under subparagraph (A), the Secretary, in consultation with the Secretary of State, may waive the application of paragraph (2)(A) for a country if--


"(i) the country meets all security requirements of this section;


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


"(iii) there has been a sustained reduction in the rate of refusals for nonimmigrant visas for nationals *340 of the country and conditions exist to continue such reduction;


"(iv) the country cooperated with the Government of the United States on counterterrorism initiatives, information sharing, and preventing terrorist travel before the date of its designation as a program country, and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will continue; and


"(v)(I) the rate of refusals for nonimmigrant visitor visas for nationals of the country during the previous full fiscal year was not more than ten percent; or


"(II) the visa overstay rate for the country for the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established under subparagraph (C).


"(C) MAXIMUM VISA OVERSTAY RATE.--


"(i) REQUIREMENT TO ESTABLISH.--After certification by the Secretary under subparagraph (A), the Secretary and the Secretary of State jointly shall use information from the air exit system referred to in such subparagraph to establish a maximum visa overstay rate for countries participating in the program pursuant to a waiver under subparagraph (B). The Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law enforcement, security interests, or enforcement of the immigration laws of the United States.


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


"(I) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa whose periods of authorized stays ended during a fiscal year but who remained unlawfully in the United States beyond such periods; to


"(II) the total number of nationals of that country who were admitted to the United States on the basis of a nonimmigrant visa during that fiscal year.


"(iii) REPORT AND PUBLICATION.--The Secretary of Homeland Security shall on the same date submit to Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after such date, the Secretary shall issue a final maximum visa overstay rate above which a country may not participate in the program.


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


"(A) airport security standards in the country;


*341

"(B) whether the country assists in the operation of an effective air marshal program;


"(C) the standards of passports and travel documents issued by the country; and


"(D) other security-related factors, including the country's cooperation with the United States' initiatives toward combating terrorism and the country's cooperation with the United States intelligence community in sharing information regarding terrorist threats.".


(d) SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.--


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


<< 8 USCA § 1187 >>

<< 8 USCA § 1187 >>

(A) in subsection (a), in the flush text following paragraph (9)--


(i) by striking "Operators of aircraft" and inserting the following:


"(10) ELECTRONIC TRANSMISSION OF IDENTIFICATION INFORMATION.--Operators of aircraft"; and


<< 8 USCA § 1187 >>

(ii) by adding at the end the following new paragraph:


"(11) ELIGIBILITY DETERMINATION UNDER THE ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.--Beginning on the date on which the electronic travel authorization system developed under subsection (h)(3) is fully operational, each alien traveling under the program shall, before applying for admission to the United States, electronically provide to the system biographical information and such other information as the Secretary of Homeland Security shall determine necessary to determine the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien is eligible to travel to the United States under the program.";


(B) in subsection (c)--


(i) in paragraph (2)--


<< 8 USCA § 1187 >>

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


"(D) REPORTING LOST AND STOLEN PASSPORTS.--The government of the country enters into an agreement with the United States to report, or make available through Interpol or other means as designated by the Secretary of Homeland Security, to the United States Government information about the theft or loss of passports within a strict time limit and in a manner specified in the agreement."; and


<< 8 USCA § 1187 >>

<< 8 USCA § 1187 >>

(II) by adding at the end the following new subparagraphs:


"(E) REPATRIATION OF ALIENS.--The government of the country accepts for repatriation any citizen, former citizen, or national of the country against whom a final executable order of removal is issued not later than three weeks after the issuance of the final order of removal. Nothing in this subparagraph creates any duty for the United States or any right for any alien with respect to removal or release. Nothing in this subparagraph gives rise to any cause of action or claim under this paragraph or any other law against any official of the United States or of any State *342 to compel the release, removal, or consideration for release or removal of any alien.


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


(ii) in paragraph (5)--


<< 8 USCA § 1187 >>

(I) by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security"; and


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


<< 8 USCA § 1187 >>

(aa) in subclause (II), by striking "and" at the end;


<< 8 USCA § 1187 >>

(bb) in subclause (III)--


(AA) by striking "and the Committee on International Relations" and inserting ", the Committee on Foreign Affairs, and the Committee on Homeland Security," and by striking "and the Committee on Foreign Relations" and inserting ", the Committee on Foreign Relations, and the Committee on Homeland Security and Governmental Affairs"; and


(BB) by striking the period at the end and inserting "; and"; and


<< 8 USCA § 1187 >>

(cc) by adding at the end the following new subclause:


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


<< 8 USCA § 1187 >>

(III) in subparagraph (B), by adding at the end the following new clause:


"(iv) PROGRAM SUSPENSION AUTHORITY.--The Director of National Intelligence shall immediately inform the Secretary of Homeland Security of any current and credible threat which poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State--


"(I) may suspend a country from the visa waiver program without prior notice;


"(II) shall notify any country suspended under subclause (I) and, to the extent practicable without disclosing sensitive intelligence sources and methods, provide justification for the suspension; and


"(III) shall restore the suspended country's participation in the visa waiver program upon a determination that the threat no longer poses an imminent danger to the United States or its citizens.'; and


*343


<< 8 USCA § 1187 >>

<< 8 USCA § 1187 >>

(iii) by adding at the end the following new paragraphs:


"(10) TECHNICAL ASSISTANCE.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall provide technical assistance to program countries to assist those countries in meeting the requirements under this section. The Secretary of Homeland Security shall ensure that the program office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program with all the requirements of the program.


"(11) INDEPENDENT REVIEW.--


"(A) IN GENERAL.--Prior to the admission of a new country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall conduct an independent intelligence assessment of a nominated country and member of the program.


"(B) REPORTING REQUIREMENT.--The Director shall provide to the Secretary of Homeland Security, the Secretary of State, and the Attorney General the independent intelligence assessment required under subparagraph (A).


"(C) CONTENTS.--The independent intelligence assessment conducted by the Director shall include--


"(i) a review of all current, credible terrorist threats of the subject country;


"(ii) an evaluation of the subject country's counterterrorism efforts;


"(iii) an evaluation as to the extent of the country's sharing of information beneficial to suppressing terrorist movements, financing, or actions;


"(iv) an assessment of the risks associated with including the subject country in the program; and


"(v) recommendations to mitigate the risks identified in clause (iv).";


<< 8 USCA § 1187 >>

(C) in subsection (d)--


(i) by striking "Attorney General" and inserting "Secretary of Homeland Security"; and


(ii) by adding at the end the following new sentence: "The Secretary of Homeland Security may not waive any eligibility requirement under this section unless the Secretary notifies, with respect to the House of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Appropriations not later than 30 days before the effective date of such waiver.";


<< 8 USCA § 1187 >>

(D) in subsection (f)(5)--


(i) by striking "Attorney General" each place it appears and inserting "Secretary of Homeland Security"; and


*344

(ii) by striking "of blank" and inserting "or loss of";


<< 8 USCA § 1187 >>

(E) in subsection (h), by adding at the end the following new paragraph:


"(3) ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.--


"(A) SYSTEM.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall develop and implement a fully automated electronic travel authorization system (referred to in this paragraph as the 'System') to collect such biographical and other information as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility of, and whether there exists a law enforcement or security risk in permitting, the alien to travel to the United States.


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


"(i) set at a level that will ensure recovery of the full costs of providing and administering the System; and


"(ii) available to pay the costs incurred to administer the System.


"(C) VALIDITY.--


"(i) PERIOD.--The Secretary of Homeland Security, in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to exceed three years, during which a determination of eligibility to travel under the program will be valid. Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke any such determination at any time and for any reason.


"(ii) LIMITATION.--A determination by the Secretary of Homeland Security that an alien is eligible to travel to the United States under the program is not a determination that the alien is admissible to the United States.


"(iii) NOT A DETERMINATION OF VISA ELIGIBILITY.--A determination by the Secretary of Homeland Security that an alien who applied for authorization to travel to the United States through the System is not eligible to travel under the program is not a determination of eligibility for a visa to travel to the United States and shall not preclude the alien from applying for a visa.


"(iv) JUDICIAL REVIEW.--Notwithstanding any other provision of law, no court shall have jurisdiction to review an eligibility determination under the System.


"(D) REPORT.--Not later than 60 days before publishing notice regarding the implementation of the System in the Federal Register, the Secretary of Homeland Security shall submit a report regarding the implementation of the system to--


"(i) the Committee on Homeland Security of the House of Representatives;


"(ii) the Committee on the Judiciary of the House of Representatives;


*345

"(iii) the Committee on Foreign Affairs of the House of Representatives;


"(iv) the Permanent Select Committee on Intelligence of the House of Representatives;


"(v) the Committee on Appropriations of the House of Representatives;


"(vi) the Committee on Homeland Security and Governmental Affairs of the Senate;


"(vii) the Committee on the Judiciary of the Senate;


"(viii) the Committee on Foreign Relations of the Senate;


"(ix) the Select Committee on Intelligence of the Senate; and


"(x) the Committee on Appropriations of the Senate.'; and


<< 8 USCA § 1187 >>

(F) by adding at the end the following new subsection:


"(i) EXIT SYSTEM.--


"(1) IN GENERAL.--Not later than one year after the date of the enactment of this subsection, the Secretary of Homeland Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section.


"(2) SYSTEM REQUIREMENTS.--The system established under paragraph (1) shall--


"(A) match biometric information of the alien against relevant watch lists and immigration information; and


"(B) compare such biometric information against manifest information collected by air carriers on passengers departing the United States to confirm such aliens have departed the United States.


"(3) REPORT.--Not later than 180 days after the date of the enactment of this subsection, the Secretary shall submit to Congress a report that describes--


"(A) the progress made in developing and deploying the exit system established under this subsection; and


"(B) the procedures by which the Secretary shall improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay in the United States.".


<< 8 USCA § 1187 NOTE >>

(2) EFFECTIVE DATE.--Section 217(a)(11) of the Immigration and Nationality Act, as added by paragraph (1)(A)(ii), shall take effect on the date that is 60 days after the date on which the Secretary of Homeland Security publishes notice in the Federal Register of the requirement under such paragraph.


(e) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out this section and the amendments made by this section.


*346

Subtitle C--Strengthening Terrorism Prevention Programs

SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND TRAFFICKING CENTER.


(a) IN GENERAL.--Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended--


<< 8 USCA § 1777 >>

(1) in subsection (c)(1), by striking "address" and inserting "integrate and disseminate intelligence and information related to";


<< 8 USCA § 1777 >>

<< 8 USCA § 1777 >>

<< 8 USCA § 1777 >>

<< 8 USCA § 1777 >>

(2) by redesignating subsections (d) and (e) as subsections (g) and (h), respectively; and


<< 8 USCA § 1777 >>

<< 8 USCA § 1777 >>

<< 8 USCA § 1777 >>

(3) by inserting after subsection (c) the following new subsections:


"(d) DIRECTOR.--The Secretary of Homeland Security shall nominate an official of the Government of the United States to serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the 'Human Smuggling and Trafficking Center (HSTC) Charter'.


"(e) STAFFING OF THE CENTER.--


"(1) IN GENERAL.--The Secretary of Homeland Security, in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer than 40 full-time equivalent positions, including, as appropriate, detailees from the following:


"(A) Agencies and offices within the Department of Homeland Security, including the following:


"(i) The Office of Intelligence and Analysis.


"(ii) The Transportation Security Administration.


"(iii) United States Citizenship and Immigration Services.


"(iv) United States Customs and Border Protection.


"(v) The United States Coast Guard.


"(vi) United States Immigration and Customs Enforcement.


"(B) Other departments, agencies, or entities, including the following:


"(i) The Central Intelligence Agency.


"(ii) The Department of Defense.


"(iii) The Department of the Treasury.


"(iv) The National Counterterrorism Center.


"(v) The National Security Agency.


"(vi) The Department of Justice.


"(vii) The Department of State.


"(viii) Any other relevant agency or department.


"(2) EXPERTISE OF DETAILEES.--The Secretary of Homeland Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure that the detailees provided to the Center under such paragraph include an adequate number of personnel who are--


"(A) intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and


"(B) personnel with experience in the areas of--


"(i) consular affairs;


"(ii) counterterrorism;


*347

"(iii) criminal law enforcement;


"(iv) intelligence analysis;


"(v) prevention and detection of document fraud;


"(vi) border inspection;


"(vii) immigration enforcement; or


"(viii) human trafficking and combating severe forms of trafficking in persons.


"(3) ENHANCED PERSONNEL MANAGEMENT.--


"(A) INCENTIVES FOR SERVICE IN CERTAIN POSITIONS.--


"(i) IN GENERAL.--The Secretary of Homeland Security, and the heads of other relevant agencies, shall prescribe regulations or promulgate personnel policies to provide incentives for service on the staff of the Center, particularly for serving terms of at least two years duration.


"(ii) FORMS OF INCENTIVES.--Incentives under clause (i) may include financial incentives, bonuses, and such other awards and incentives as the Secretary and the heads of other relevant agencies, consider appropriate.


"(B) ENHANCED PROMOTION FOR SERVICE AT THE CENTER.--Notwithstanding any other provision of law, the Secretary of Homeland Security, and the heads of other relevant agencies, shall ensure that personnel who are assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than similarly situated personnel of such agencies who are not so assigned or detailed, except that this subparagraph shall not apply in the case of personnel who are subject to the provisions of the Foreign Service Act of 1980.


"(f) ADMINISTRATIVE SUPPORT AND FUNDING.--The Secretary of Homeland Security shall provide to the Center the administrative support and funding required for its maintenance, including funding for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to carry out its functions.".


<< 8 USCA § 1777 >>

(b) REPORT.--Subsection (g) of section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004, as redesignated by subsection (a)(2), is amended to read as follows:


"(g) REPORT.--


"(1) INITIAL REPORT.--Not later than 180 days after December 17, 2004, the President shall transmit to Congress a report regarding the implementation of this section, including a description of the staffing and resource needs of the Center.


"(2) FOLLOW-UP REPORT.--Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall transmit to Congress a report regarding the operation of the Center and the activities carried out by the Center, including a description of--


"(A) the roles and responsibilities of each agency or department that is participating in the Center;


"(B) the mechanisms used to share information among each such agency or department;


"(C) the personnel provided to the Center by each such agency or department;


*348

"(D) the type of information and reports being disseminated by the Center;


"(E) any efforts by the Center to create a centralized Federal Government database to store information related to unlawful travel of foreign nationals, including a description of any such database and of the manner in which information utilized in such a database would be collected, stored, and shared;


"(F) how each agency and department shall utilize its resources to ensure that the Center uses intelligence to focus and drive its efforts;


"(G) efforts to consolidate networked systems for the Center;


"(H) the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall be consistent with section 1016(b);


"(I) the ability of participating personnel in the Center to freely access necessary databases and share information regarding issues related to human smuggling, trafficking in persons, and terrorist travel;


"(J) how the assignment of personnel to the Center is incorporated into the civil service career path of such personnel; and


"(K) cooperation and coordination efforts, including any memorandums of understanding, among participating agencies and departments regarding issues related to human smuggling, trafficking in persons, and terrorist travel.".


<< 8 USCA § 1777 >>

(c) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND ANALYSIS.--Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 is amended by adding after subsection (h), as redesignated by subsection (a)(2), the following new subsection:


"(i) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND ANALYSIS.--The Office of Intelligence and Analysis, in coordination with the Center, shall submit to relevant State, local, and tribal law enforcement agencies periodic reports regarding terrorist threats related to human smuggling, human trafficking, and terrorist travel.".


(d) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Secretary of Homeland Security $20,000,000 for fiscal year 2008 to carry out section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004, as amended by this section.


SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.


Section 7215 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123) is amended to read as follows:


<< 6 USCA § 123 >>

"SEC. 7215. TERRORIST TRAVEL PROGRAM.


"(a) REQUIREMENT TO ESTABLISH.--Not later than 90 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Director of the National Counterterrorism Center and consistent with the strategy developed under section 7201, shall establish a program to oversee the *349 implementation of the Secretary's responsibilities with respect to terrorist travel.


"(b) HEAD OF THE PROGRAM.--The Secretary of Homeland Security shall designate an official of the Department of Homeland Security to be responsible for carrying out the program. Such official shall be--


"(1) the Assistant Secretary for Policy of the Department of Homeland Security; or


"(2) an official appointed by the Secretary who reports directly to the Secretary.


"(c) DUTIES.--The official designated under subsection (b) shall assist the Secretary of Homeland Security in improving the Department's ability to prevent terrorists from entering the United States or remaining in the United States undetected by--


"(1) developing relevant strategies and policies;


"(2) reviewing the effectiveness of existing programs and recommending improvements, if necessary;


"(3) making recommendations on budget requests and on the allocation of funding and personnel;


"(4) ensuring effective coordination, with respect to policies, programs, planning, operations, and dissemination of intelligence and information related to terrorist travel--


"(A) among appropriate subdivisions of the Department of Homeland Security, as determined by the Secretary and including--


"(i) United States Customs and Border Protection;


"(ii) United States Immigration and Customs Enforcement;


"(iii) United States Citizenship and Immigration Services;


"(iv) the Transportation Security Administration; and


"(v) the United States Coast Guard; and


"(B) between the Department of Homeland Security and other appropriate Federal agencies; and


"(5) serving as the Secretary's primary point of contact with the National Counterterrorism Center for implementing initiatives related to terrorist travel and ensuring that the recommendations of the Center related to terrorist travel are carried out by the Department.


"(d) REPORT.--Not later than 180 days after the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Secretary of Homeland Security shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report on the implementation of this section.".


SEC. 723. ENHANCED DRIVER'S LICENSE.


<< 8 USCA § 1185 NOTE >>

Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--


(1) in subparagraph (B)--


(A) in clause (vi), by striking "and" at the end;


(B) in clause (vii), by striking the period at the end and inserting "; and"; and


(C) by adding at the end the following new clause:


*350

"(viii) the signing of a memorandum of agreement to initiate a pilot program with not less than one State to determine if an enhanced driver's license, which is machine-readable and tamper proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada or Mexico, and issued by such State to an individual, may permit the individual to use the driver's license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada or Mexico at land and sea ports of entry."; and


(2) by adding at the end the following new subparagraph:


"(C) REPORT.--Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report which includes--


"(i) an analysis of the impact of the pilot program on national security;


"(ii) recommendations on how to expand the pilot program to other States;


"(iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada;


"(iv) a plan to screen individuals participating in the pilot program against United States terrorist watch lists; and


"(v) a recommendation for the type of machine-readable technology that should be used in enhanced driver's licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing driver's licenses.".


<< 8 USCA § 1185 NOTE >>

SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.


Before the Secretary of Homeland Security publishes a final rule in the Federal Register implementing section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note)--


(1) the Secretary of Homeland Security shall complete a cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under such section 7209; and


(2) the Secretary of State shall develop proposals for reducing the execution fee charged for the passport card, proposed at 71 Fed. Reg. 60928-32 (October 17, 2006), including the use of mobile application teams, during implementation of the land and sea phase of the Western Hemisphere Travel Initiative, in order to encourage United States citizens to apply for the passport card.


<< 8 USCA § 1752a >>

SEC. 725. MODEL PORTS-OF-ENTRY.


(a) IN GENERAL.--The Secretary of Homeland Security shall--


(1) establish a model ports-of-entry program for the purpose of providing a more efficient and welcoming international arrival process in order to facilitate and promote business and tourist travel to the United States, while also improving security; and


*351

(2) implement the program initially at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of the date of the enactment of this Act.


(b) PROGRAM ELEMENTS.--The program shall include--


(1) enhanced queue management in the Federal Inspection Services area leading up to primary inspection;


(2) assistance for foreign travelers once they have been admitted to the United States, in consultation, as appropriate, with relevant governmental and nongovernmental entities; and


(3) instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome videos.


(c) ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS FOR HIGH-VOLUME PORTS.-- Subject to the availability of appropriations, not later than the end of fiscal year 2008 the Secretary of Homeland Security shall employ not fewer than an additional 200 Customs and Border Protection officers over the number of such positions for which funds were appropriated for the proceeding fiscal year to address staff shortages at the 20 United States international airports that have the highest number of foreign visitors arriving annually as of the date of the enactment of this Act.


Subtitle D--Miscellaneous Provisions

SEC. 731. REPORT REGARDING BORDER SECURITY.


(a) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to Congress a report regarding ongoing initiatives of the Department of Homeland Security to improve security along the northern border of the United States.


(b) CONTENTS.--The report submitted under subsection (a) shall--


(1) address the vulnerabilities along the northern border of the United States; and


(2) provide recommendations to address such vulnerabilities, including required resources needed to protect the northern border of the United States.


(c) GOVERNMENT ACCOUNTABILITY OFFICE.--Not later than 270 days after the date of the submission of the report under subsection (a), the Comptroller General of the United States shall submit to Congress a report that--


(1) reviews and comments on the report under subsection (a); and


(2) provides recommendations regarding any additional actions necessary to protect the northern border of the United States.


*352

TITLE VIII--PRIVACY AND CIVIL LIBERTIES

SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.


(a) MODIFICATION OF AUTHORITIES.--Section 1061 of the National Security Intelligence Reform Act of 2004 (5 U.S.C. 601 note) is amended to read as follows:


<< 5 USCA § 601 NOTE >>

"SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.


"(a) IN GENERAL.--There is established as an independent agency within the executive branch a Privacy and Civil Liberties Oversight Board (referred to in this section as the 'Board').


"(b) FINDINGS.--Consistent with the report of the National Commission on Terrorist Attacks Upon the United States, Congress makes the following findings:


"(1) In conducting the war on terrorism, the Government may need additional powers and may need to enhance the use of its existing powers.


"(2) This shift of power and authority to the Government calls for an enhanced system of checks and balances to protect the precious liberties that are vital to our way of life and to ensure that the Government uses its powers for the purposes for which the powers were given.


"(3) The National Commission on Terrorist Attacks Upon the United States correctly concluded that 'The choice between security and liberty is a false choice, as nothing is more likely to endanger America's liberties than the success of a terrorist attack at home. Our history has shown us that insecurity threatens liberty. Yet, if our liberties are curtailed, we lose the values that we are struggling to defend.'.


"(c) PURPOSE.--The Board shall--


"(1) analyze and review actions the executive branch takes to protect the Nation from terrorism, ensuring that the need for such actions is balanced with the need to protect privacy and civil liberties; and


"(2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation against terrorism.


"(d) FUNCTIONS.--


"(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND IMPLEMENTATION.--The Board shall--


"(A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the development and adoption of information sharing guidelines under subsections (d) and (f) of section 1016;


"(B) review the implementation of new and existing legislation, regulations, and policies related to efforts to protect the Nation from terrorism, including the implementation of information sharing guidelines under subsections (d) and (f) of section 1016;


"(C) advise the President and the departments, agencies, and elements of the executive branch to ensure that privacy and civil liberties are appropriately considered in *353 the development and implementation of such legislation, regulations, policies, and guidelines; and


"(D) in providing advice on proposals to retain or enhance a particular governmental power, consider whether the department, agency, or element of the executive branch has established--


"(i) that the need for the power is balanced with the need to protect privacy and civil liberties;


"(ii) that there is adequate supervision of the use by the executive branch of the power to ensure protection of privacy and civil liberties; and


"(iii) that there are adequate guidelines and oversight to properly confine its use.


"(2) OVERSIGHT.--The Board shall continually review--


"(A) the regulations, policies, and procedures, and the implementation of the regulations, policies, and procedures, of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected;


"(B) the information sharing practices of the departments, agencies, and elements of the executive branch relating to efforts to protect the Nation from terrorism to determine whether they appropriately protect privacy and civil liberties and adhere to the information sharing guidelines issued or developed under subsections (d) and (f) of section 1016 and to other governing laws, regulations, and policies regarding privacy and civil liberties; and


"(C) other actions by the executive branch relating to efforts to protect the Nation from terrorism to determine whether such actions--


"(i) appropriately protect privacy and civil liberties; and


"(ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties.


"(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFICERS.--The Board shall--


"(A) receive and review reports and other information from privacy officers and civil liberties officers under section 1062;


"(B) when appropriate, make recommendations to such privacy officers and civil liberties officers regarding their activities; and


"(C) when appropriate, coordinate the activities of such privacy officers and civil liberties officers on relevant interagency matters.


"(4) TESTIMONY.--The members of the Board shall appear and testify before Congress upon request.


"(e) REPORTS.--


"(1) IN GENERAL.--The Board shall--


"(A) receive and review reports from privacy officers and civil liberties officers under section 1062; and


"(B) periodically submit, not less than semiannually, reports--


"(i)(I) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House *354 of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives; and


"(II) to the President; and


"(ii) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.


"(2) CONTENTS.--Not less than 2 reports submitted each year under paragraph (1)(B) shall include--


"(A) a description of the major activities of the Board during the preceding period;


"(B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);


"(C) the minority views on any findings, conclusions, and recommendations of the Board resulting from its advice and oversight functions under subsection (d);


"(D) each proposal reviewed by the Board under subsection (d)(1) that--


"(i) the Board advised against implementation; and


"(ii) notwithstanding such advice, actions were taken to implement; and


"(E) for the preceding period, any requests submitted under subsection (g)(1)(D) for the issuance of subpoenas that were modified or denied by the Attorney General.


"(f) INFORMING THE PUBLIC.--The Board shall--


"(1) make its reports, including its reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and


"(2) hold public hearings and otherwise inform the public of its activities, as appropriate and in a manner consistent with the protection of classified information and applicable law.


"(g) ACCESS TO INFORMATION.--


"(1) AUTHORIZATION.--If determined by the Board to be necessary to carry out its responsibilities under this section, the Board is authorized to--


"(A) have access from any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element, to all relevant records, reports, audits, reviews, documents, papers, recommendations, or other relevant material, including classified information consistent with applicable law;


"(B) interview, take statements from, or take public testimony from personnel of any department, agency, or element of the executive branch, or any Federal officer or employee of any such department, agency, or element;


"(C) request information or assistance from any State, tribal, or local government; and


*355

"(D) at the direction of a majority of the members of the Board, submit a written request to the Attorney General of the United States that the Attorney General require, by subpoena, persons (other than departments, agencies, and elements of the executive branch) to produce any relevant information, documents, reports, answers, records, accounts, papers, and other documentary or testimonial evidence.


"(2) REVIEW OF SUBPOENA REQUEST.--


"(A) IN GENERAL.--Not later than 30 days after the date of receipt of a request by the Board under paragraph (1)(D), the Attorney General shall--


"(i) issue the subpoena as requested; or


"(ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request has been modified or denied.


"(B) NOTIFICATION.--If a subpoena request is modified or denied under subparagraph (A)(ii), the Attorney General shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives.


"(3) ENFORCEMENT OF SUBPOENA.--In the case of contumacy or failure to obey a subpoena issued pursuant to paragraph (1)(D), the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to produce the evidence required by such subpoena.


"(4) AGENCY COOPERATION.--Whenever information or assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused or not provided, the Board shall report the circumstances to the head of the department, agency, or element concerned without delay. The head of the department, agency, or element concerned shall ensure that the Board is given access to the information, assistance, material, or personnel the Board determines to be necessary to carry out its functions.


"(h) MEMBERSHIP.--


"(1) MEMBERS.--The Board shall be composed of a full-time chairman and 4 additional members, who shall be appointed by the President, by and with the advice and consent of the Senate.


"(2) QUALIFICATIONS.--Members of the Board shall be selected solely on the basis of their professional qualifications, achievements, public stature, expertise in civil liberties and privacy, and relevant experience, and without regard to political affiliation, but in no event shall more than 3 members of the Board be members of the same political party. The President shall, before appointing an individual who is not a member of the same political party as the President, consult with the leadership of that party, if any, in the Senate and House of Representatives.


"(3) INCOMPATIBLE OFFICE.--An individual appointed to the Board may not, while serving on the Board, be an elected official, officer, or employee of the Federal Government, other than in the capacity as a member of the Board.


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"(4) TERM.--Each member of the Board shall serve a term of 6 years, except that--


"(A) a member appointed to a term of office after the commencement of such term may serve under such appointment only for the remainder of such term; and


"(B) upon the expiration of the term of office of a member, the member shall continue to serve until the member's successor has been appointed and qualified, except that no member may serve under this subparagraph--


"(i) for more than 60 days when Congress is in session unless a nomination to fill the vacancy shall have been submitted to the Senate; or


"(ii) after the adjournment sine die of the session of the Senate in which such nomination is submitted.


"(5) QUORUM AND MEETINGS.--The Board shall meet upon the call of the chairman or a majority of its members. Three members of the Board shall constitute a quorum.


"(i) COMPENSATION AND TRAVEL EXPENSES.--


"(1) COMPENSATION.--


"(A) CHAIRMAN.--The chairman of the Board shall be compensated at the rate of pay payable for a position at level III of the Executive Schedule under section 5314 of title 5, United States Code.


"(B) MEMBERS.--Each member of the Board shall be compensated at a rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Board.


"(2) TRAVEL EXPENSES.--Members of the Board shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently by the Government under section 5703(b) of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Board.


"(j) STAFF.--


"(1) APPOINTMENT AND COMPENSATION.--The chairman of the Board, in accordance with rules agreed upon by the Board, shall appoint and fix the compensation of a full-time executive director and such other personnel as may be necessary to enable the Board to carry out its functions, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code.


"(2) DETAILEES.--Any Federal employee may be detailed to the Board without reimbursement from the Board, and such detailee shall retain the rights, status, and privileges of the detailee's regular employment without interruption.


"(3) CONSULTANT SERVICES.--The Board may procure the temporary or intermittent services of experts and consultants in accordance with section 3109 of title 5, United States Code, *357 at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title.


"(k) SECURITY CLEARANCES.--


"(1) IN GENERAL.--The appropriate departments, agencies, and elements of the executive branch shall cooperate with the Board to expeditiously provide the Board members and staff with appropriate security clearances to the extent possible under existing procedures and requirements.


"(2) RULES AND PROCEDURES.--After consultation with the Secretary of Defense, the Attorney General, and the Director of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer, document, personnel, and other security relating to carrying out the functions of the Board.


"(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTEE.--The Board--


"(1) is an agency (as defined in section 551(1) of title 5, United States Code); and


"(2) is not an advisory committee (as defined in section 3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).


"(m) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to carry out this section amounts as follows:


"(1) For fiscal year 2008, $5,000,000.


"(2) For fiscal year 2009, $6,650,000.


"(3) For fiscal year 2010, $8,300,000.


"(4) For fiscal year 2011, $10,000,000.


"(5) For fiscal year 2012 and each subsequent fiscal year, such sums as may be necessary.".


<< 42 USCA § 2000ee NOTE >>

(b) SECURITY RULES AND PROCEDURES.--The Privacy and Civil Liberties Oversight Board shall promptly adopt the security rules and procedures required under section 1061(k)(2) of the National Security Intelligence Reform Act of 2004 (as added by subsection (a) of this section).


(c) TRANSITION PROVISIONS.--


<< 42 USCA § 2000ee NOTE >>

(1) TREATMENT OF INCUMBENT MEMBERS OF THE PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.--


(A) CONTINUATION OF SERVICE.--Any individual who is a member of the Privacy and Civil Liberties Oversight Board on the date of enactment of this Act may continue to serve on the Board until 180 days after the date of enactment of this Act.


(B) TERMINATION OF TERMS.--The term of any individual who is a member of the Privacy and Civil Liberties Oversight Board on the date of enactment of this Act shall terminate 180 days after the date of enactment of this Act.


(2) APPOINTMENTS.--


(A) IN GENERAL.--The President and the Senate shall take such actions as necessary for the President, by and with the advice and consent of the Senate, to appoint members to the Privacy and Civil Liberties Oversight Board as constituted under the amendments made by subsection (a) in a timely manner to provide for the continuing operation of the Board and orderly implementation of this section.


*358

(B) DESIGNATIONS.--In making the appointments described under subparagraph (A) of the first members of the Privacy and Civil Liberties Oversight Board as constituted under the amendments made by subsection (a), the President shall provide for the members to serve terms of 2, 3, 4, 5, and 6 years beginning on the effective date described under subsection (d)(1), with the term of each such member to be designated by the President.


<< 42 USCA § 2000ee NOTE >>

(d) EFFECTIVE DATE.--


(1) IN GENERAL.--The amendments made by subsection (a) and subsection (b) shall take effect 180 days after the date of enactment of this Act.


(2) TRANSITION PROVISIONS.--Subsection (c) shall take effect on the date of enactment of this Act.


SEC. 802. DEPARTMENT PRIVACY OFFICER.


Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is amended--


<< 6 USCA § 142 >>

(1) by inserting "(A) APPOINTMENT AND RESPONSIBILITIES.--" before "The Secretary"; and


<< 6 USCA § 142 >>

<< 6 USCA § 142 >>

<< 6 USCA § 142 >>

<< 6 USCA § 142 >>

(2) by adding at the end the following:


"(b) AUTHORITY TO INVESTIGATE.--


"(1) IN GENERAL.--The senior official appointed under subsection (a) may--


"(A) have access to all records, reports, audits, reviews, documents, papers, recommendations, and other materials available to the Department that relate to programs and operations with respect to the responsibilities of the senior official under this section;


"(B) make such investigations and reports relating to the administration of the programs and operations of the Department as are, in the senior official's judgment, necessary or desirable;


"(C) subject to the approval of the Secretary, require by subpoena the production, by any person other than a Federal agency, of all information, documents, reports, answers, records, accounts, papers, and other data and documentary evidence necessary to performance of the responsibilities of the senior official under this section; and


"(D) administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this section.


"(2) ENFORCEMENT OF SUBPOENAS.--Any subpoena issued under paragraph (1)(C) shall, in the case of contumacy or refusal to obey, be enforceable by order of any appropriate United States district court.


"(3) EFFECT OF OATHS.--Any oath, affirmation, or affidavit administered or taken under paragraph (1)(D) by or before an employee of the Privacy Office designated for that purpose by the senior official appointed under subsection (a) shall have the same force and effect as if administered or taken by or before an officer having a seal of office.


"(c) SUPERVISION AND COORDINATION.--


"(1) IN GENERAL.--The senior official appointed under subsection (a) shall--


*359

"(A) report to, and be under the general supervision of, the Secretary; and


"(B) coordinate activities with the Inspector General of the Department in order to avoid duplication of effort.


"(2) COORDINATION WITH THE INSPECTOR GENERAL.--


"(A) IN GENERAL.--Except as provided in subparagraph (B), the senior official appointed under subsection (a) may investigate any matter relating to possible violations or abuse concerning the administration of any program or operation of the Department relevant to the purposes under this section.


"(B) COORDINATION.--


"(i) REFERRAL.--Before initiating any investigation described under subparagraph (A), the senior official shall refer the matter and all related complaints, allegations, and information to the Inspector General of the Department.


"(ii) DETERMINATIONS AND NOTIFICATIONS BY THE INSPECTOR GENERAL.--


"(I) IN GENERAL.--Not later than 30 days after the receipt of a matter referred under clause (i), the Inspector General shall--


"(aa) make a determination regarding whether the Inspector General intends to initiate an audit or investigation of the matter referred under clause (i); and


"(bb) notify the senior official of that determination.


"(II) INVESTIGATION NOT INITIATED.--If the Inspector General notifies the senior official under subclause (I)(bb) that the Inspector General intended to initiate an audit or investigation, but does not initiate that audit or investigation within 90 days after providing that notification, the Inspector General shall further notify the senior official that an audit or investigation was not initiated. The further notification under this subclause shall be made not later than 3 days after the end of that 90-day period.


"(iii) INVESTIGATION BY SENIOR OFFICIAL.--The senior official may investigate a matter referred under clause (i) if--


"(I) the Inspector General notifies the senior official under clause (ii)(I)(bb) that the Inspector General does not intend to initiate an audit or investigation relating to that matter; or


"(II) the Inspector General provides a further notification under clause (ii)(II) relating to that matter.


"(iv) PRIVACY TRAINING.--Any employee of the Office of Inspector General who audits or investigates any matter referred under clause (i) shall be required to receive adequate training on privacy laws, rules, and regulations, to be provided by an entity approved by the Inspector General in consultation with the senior official appointed under subsection (a).


*360

"(d) NOTIFICATION TO CONGRESS ON REMOVAL.--If the Secretary removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the Department, the Secretary shall--


"(1) promptly submit a written notification of the removal or transfer to Houses of Congress; and


"(2) include in any such notification the reasons for the removal or transfer.


"(e) REPORTS BY SENIOR OFFICIAL TO CONGRESS.--The senior official appointed under subsection (a) shall--


"(1) submit reports directly to the Congress regarding performance of the responsibilities of the senior official under this section, without any prior comment or amendment by the Secretary, Deputy Secretary, or any other officer or employee of the Department or the Office of Management and Budget; and


"(2) inform the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives not later than--


"(A) 30 days after the Secretary disapproves the senior official's request for a subpoena under subsection (b)(1)(C) or the Secretary substantively modifies the requested subpoena; or


"(B) 45 days after the senior official's request for a subpoena under subsection (b)(1)(C), if that subpoena has not either been approved or disapproved by the Secretary.".


SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.


<< 42 USCA § 2000ee-1 >>

(a) IN GENERAL.--Section 1062 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3688) is amended to read as follows:


"SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.


"(a) DESIGNATION AND FUNCTIONS.--The Attorney General, the Secretary of Defense, the Secretary of State, the Secretary of the Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence, the Director of the Central Intelligence Agency, and the head of any other department, agency, or element of the executive branch designated by the Privacy and Civil Liberties Oversight Board under section 1061 to be appropriate for coverage under this section shall designate not less than 1 senior officer to serve as the principal advisor to--


"(1) assist the head of such department, agency, or element and other officials of such department, agency, or element in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism;


"(2) periodically investigate and review department, agency, or element actions, policies, procedures, guidelines, and related laws and their implementation to ensure that such department, agency, or element is adequately considering privacy and civil liberties in its actions;


"(3) ensure that such department, agency, or element has adequate procedures to receive, investigate, respond to, and *361 redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil liberties; and


"(4) in providing advice on proposals to retain or enhance a particular governmental power the officer shall consider whether such department, agency, or element has established--


"(A) that the need for the power is balanced with the need to protect privacy and civil liberties;


"(B) that there is adequate supervision of the use by such department, agency, or element of the power to ensure protection of privacy and civil liberties; and


"(C) that there are adequate guidelines and oversight to properly confine its use.


"(b) EXCEPTION TO DESIGNATION AUTHORITY.--


"(1) PRIVACY OFFICERS.--In any department, agency, or element referred to in subsection (a) or designated by the Privacy and Civil Liberties Oversight Board, which has a statutorily created privacy officer, such officer shall perform the functions specified in subsection (a) with respect to privacy.


"(2) CIVIL LIBERTIES OFFICERS.--In any department, agency, or element referred to in subsection (a) or designated by the Board, which has a statutorily created civil liberties officer, such officer shall perform the functions specified in subsection (a) with respect to civil liberties.


"(c) SUPERVISION AND COORDINATION.--Each privacy officer or civil liberties officer described in subsection (a) or (b) shall--


"(1) report directly to the head of the department, agency, or element concerned; and


"(2) coordinate their activities with the Inspector General of such department, agency, or element to avoid duplication of effort.


"(d) AGENCY COOPERATION.--The head of each department, agency, or element shall ensure that each privacy officer and civil liberties officer--


"(1) has the information, material, and resources necessary to fulfill the functions of such officer;


"(2) is advised of proposed policy changes;


"(3) is consulted by decision makers; and


"(4) is given access to material and personnel the officer determines to be necessary to carry out the functions of such officer.


"(e) REPRISAL FOR MAKING COMPLAINT.--No action constituting a reprisal, or threat of reprisal, for making a complaint or for disclosing information to a privacy officer or civil liberties officer described in subsection (a) or (b), or to the Privacy and Civil Liberties Oversight Board, that indicates a possible violation of privacy protections or civil liberties in the administration of the programs and operations of the Federal Government relating to efforts to protect the Nation from terrorism shall be taken by any Federal employee in a position to take such action, unless the complaint was made or the information was disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.


"(f) PERIODIC REPORTS.--


"(1) IN GENERAL.--The privacy officers and civil liberties officers of each department, agency, or element referred to or described in subsection (a) or (b) shall periodically, but *362 not less than quarterly, submit a report on the activities of such officers--


"(A)(i) to the appropriate committees of Congress, including the Committee on the Judiciary of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives;


"(ii) to the head of such department, agency, or element; and


"(iii) to the Privacy and Civil Liberties Oversight Board; and


"(B) which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary.


"(2) CONTENTS.--Each report submitted under paragraph (1) shall include information on the discharge of each of the functions of the officer concerned, including--


"(A) information on the number and types of reviews undertaken;


"(B) the type of advice provided and the response given to such advice;


"(C) the number and nature of the complaints received by the department, agency, or element concerned for alleged violations; and


"(D) a summary of the disposition of such complaints, the reviews and inquiries conducted, and the impact of the activities of such officer.


"(g) INFORMING THE PUBLIC.--Each privacy officer and civil liberties officer shall--


"(1) make the reports of such officer, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of classified information and applicable law; and


"(2) otherwise inform the public of the activities of such officer, as appropriate and in a manner consistent with the protection of classified information and applicable law.


"(h) SAVINGS CLAUSE.--Nothing in this section shall be construed to limit or otherwise supplant any other authorities or responsibilities provided by law to privacy officers or civil liberties officers.".


(b) CLERICAL AMENDMENT.--The table of contents for the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is amended by striking the item relating to section 1062 and inserting the following new item:


"Sec. 1062. Privacy and civil liberties officers.".


<< 42 USCA § 2000ee-3 >>

SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.


(a) SHORT TITLE.--This section may be cited as the "Federal Agency Data Mining Reporting Act of 2007".


(b) DEFINITIONS.--In this section:


(1) DATA MINING.--The term "data mining" means a program involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where--


*363

(A) a department or agency of the Federal Government, or a non-Federal entity acting on behalf of the Federal Government, is conducting the queries, searches, or other analyses to discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity on the part of any individual or individuals;


(B) the queries, searches, or other analyses are not subject-based and do not use personal identifiers of a specific individual, or inputs associated with a specific individual or group of individuals, to retrieve information from the database or databases; and


(C) the purpose of the queries, searches, or other analyses is not solely--


(i) the detection of fraud, waste, or abuse in a Government agency or program; or


(ii) the security of a Government computer system.


(2) DATABASE.--The term "database" does not include telephone directories, news reporting, information publicly available to any member of the public without payment of a fee, or databases of judicial and administrative opinions or other legal research sources.


(c) REPORTS ON DATA MINING ACTIVITIES BY FEDERAL AGENCIES.--


(1) REQUIREMENT FOR REPORT.--The head of each department or agency of the Federal Government that is engaged in any activity to use or develop data mining shall submit a report to Congress on all such activities of the department or agency under the jurisdiction of that official. The report shall be produced in coordination with the privacy officer of that department or agency, if applicable, and shall be made available to the public, except for an annex described in subparagraph (C).


(2) CONTENT OF REPORT.--Each report submitted under subparagraph (A) shall include, for each activity to use or develop data mining, the following information:


(A) A thorough description of the data mining activity, its goals, and, where appropriate, the target dates for the deployment of the data mining activity.


(B) A thorough description of the data mining technology that is being used or will be used, including the basis for determining whether a particular pattern or anomaly is indicative of terrorist or criminal activity.


(C) A thorough description of the data sources that are being or will be used.


(D) An assessment of the efficacy or likely efficacy of the data mining activity in providing accurate information consistent with and valuable to the stated goals and plans for the use or development of the data mining activity.


(E) An assessment of the impact or likely impact of the implementation of the data mining activity on the privacy and civil liberties of individuals, including a thorough description of the actions that are being taken or will be taken with regard to the property, privacy, or other rights or privileges of any individual or individuals as a result of the implementation of the data mining activity.


*364

(F) A list and analysis of the laws and regulations that govern the information being or to be collected, reviewed, gathered, analyzed, or used in conjunction with the data mining activity, to the extent applicable in the context of the data mining activity.


(G) A thorough discussion of the policies, procedures, and guidelines that are in place or that are to be developed and applied in the use of such data mining activity in order to--


(i) protect the privacy and due process rights of individuals, such as redress procedures; and


(ii) ensure that only accurate and complete information is collected, reviewed, gathered, analyzed, or used, and guard against any harmful consequences of potential inaccuracies.


(3) ANNEX.--


(A) IN GENERAL.--A report under subparagraph (A) shall include in an annex any necessary--


(i) classified information;


(ii) law enforcement sensitive information;


(iii) proprietary business information; or


(iv) trade secrets (as that term is defined in section 1839 of title 18, United States Code).


(B) AVAILABILITY.--Any annex described in clause (i)--


(i) shall be available, as appropriate, and consistent with the National Security Act of 1947 (50 U.S.C. 401 et seq.), to the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; and