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