Clerk session vote number: 284
Result: 85-8 (Conference Report Agreed to)
Vote Subject Matter: Foreign and Defense Policy / Defense Policy Budget
Bill number: HR1
Question: On the Conference Report
Description: A bill to provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.
Bill summary: Implementing Recommendations of the 9/11 Commission Act of 2007 - Provides for implementation of recommendations of the National Commission on Terrorist Attacks Upon the United States (9/11 Commission).
Title I: Homeland Security Grants
- (Sec. 101) Amends the Homeland Security Act of 2002 (HSA) to establish Homeland Security Grant Programs (consisting of an Urban Area Security Initiative and a State Homeland Security Grant Program). Authorizes the Secretary of Homeland Security (the Secretary)
to award Program grants through the Administrator of the Federal Emergency Management Agency (FEMA). Provides that none of the provisions regarding grants to states and high-risk urban areas shall be construed to affect programs authorized under the Federal Fire Prevention and Control Act of 1974, grants authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Emergency Management Performance Grants, grants to protect critical infrastructure (including port security grants), Metropolitan Medical Response System grants (authorized under the Post-Katrina Emergency Management Reform Act of 2006), the Interoperable Emergency Communications Grant Program, and grants not administered by the Department of Homeland Security (DHS). Declares that the Program shall supersede specified programs under the USA PATRIOT Act.
Establishes the Urban Area Security Initiative to provide grants to assist high-risk metropolitan areas in preventing, preparing for, protecting against, and responding to terrorist acts. Directs the Administrator, for each fiscal year, to: (1) conduct an initial assessment of the relative threat, vulnerability, and consequences from terrorist acts faced by eligible metropolitan areas (defined as the 100 most populous metropolitan statistical areas in the United States); and (2) designate which jurisdictions may apply for Urban Area Security Initiative grants. Requires the Administrator to distribute grant funds to the states in which an approved high-risk urban area is located. Requires each state to: (1) provide the high-risk urban area at least 80% of grant fundsn; and (2) provide an accounting of the items or services on which any funds retained by the state were expended.
Establishes the State Homeland Security Grant Program to assist state, local, and tribal governments in preventing, preparing for, protecting against, and responding to terrorist acts. Requires that each state receive, from funds appropriated for the Program, not less than .375% of the total funds appropriated for grants for the Urban Area Security Initiative and the Program in FY2008. Decreases this amount to .35% in FY2012. Directs that each territory receive not less than .08% of the funds and that tribes collectively receive not less than .1%. Sets forth certification requirements regarding distribution of grant funds. Allows the states to submit an application for multistate efforts.
Directs the Administrator to designate not less than 25% of the combined amount appropriated for the Initiative and the Program for law enforcement terrorism prevention activities, including for information sharing and analysis, target hardening, threat recognition, terrorist interdiction, and certain overtime expenses.
Establishes in DHS's Policy Directorate an Office for State and Local Law Enforcement, headed by an Assistant Secretary.
Directs the Administrator, in allocating funds among states and high-risk urban areas applying for grants under the Initiative or the Program, to consider that state's or area's relative threat, vulnerability, and consequences from terrorist acts and the anticipated effectiveness of the proposed use of the grant in increasing the ability of that state or area to prevent, prepare for, protect against, and respond to acts of terrorism, to meet its target capabilities, and to otherwise reduce the overall risk to the area, the state, or the nation.
Permits grant awards to be used for a number of uses, including planning, training, exercises, protecting critical infrastructure, purchasing equipment, and paying personnel costs, in addition to any allowable use in the FY2007 grant guidance for the State Homeland Security Grant Program, the Urban Area Security Initiative, or the Law Enforcement Terrorism Prevention Program. Authorizes grant recipients to use up to 50% of their grant funds for personnel, including overtime and backfill costs. Permits state, local, and tribal governments to use grant funds in a manner that enhances preparedness for disasters unrelated to terrorist acts if such use assists them in achieving target capabilities related to terrorism. Sets forth provisions regarding reimbursement of costs.
Places upon the Administrator responsibility for administering all DHS-administered homeland security grant programs and ensuring coordination and consistency. Requires any state or metropolitan area receiving grants to establish a planning committee to assist in preparing and revising state, regional, or local homeland security plans and in determining effective funding priorities.
Directs the Secretary (through the Administrator), the Attorney General, the Secretary of Health and Human Services, and the heads of other specified agencies to: (1) compile a comprehensive list of federal programs that provide terrorism and disaster assistance to state, local, and tribal governments; (2) develop recommendations to coordinate the planning, reporting, application, and other requirements and guidance for homeland security assistance programs; (3) submit the information and recommendations to the appropriate congressional committees; and (4) provide such committees, the Comptroller General, and the Government Accountability Office (GAO) with full access to any information collected or reviewed in preparing that submission.
Urges: (1) DHS to administer a coherent and coordinated system of both terrorism-focused and all-hazards grants; (2) that there be a continuing and appropriate balance between the two; and (3) that with respect to terrorism-focused grants, the target capabilities of the highest risk areas are achieved quickly and the basic levels of preparedness are achieved nationwide.
Requires: (1) grant recipients that expend $500,000 or more in funds during any fiscal year to submit to the Administrator an organization-wide financial and compliance audit report; (2) the Administrator to specify policies and procedures for identifying activities funded under grant programs that are susceptible to significant improper payments and for reporting of improper payments to DHS; and (3) the Administrator, at least every two years, to conduct for each state and high-risk urban area a programmatic and financial review of DHS grants awarded to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters.
Directs the DHS Inspector General to: (1) annually audit a sample of states and high-risk urban areas that receive such grants; (2) conduct no fewer than one audit of each state that receives funds under a grant under the Urban Area Security Initiative or the State Homeland Security Grant Program during the seven-year period beginning on this Act's enactment; (3) submit to Congress an annual consolidated report regarding audits completed; and (4) review and evaluate the grants management and oversight practices of FEMA.
Requires the Administrator to: (1) take specified steps to ensure that states and high-risk urban areas are using DHS-administered grants to meet target capabilities and preparedness priorities; and (2) conduct a recovery audit for any DHS-administered grant valued at $1 million or greater. Sets forth remedies for noncompliance.
Directs a state, high-risk urban area, or directly eligible tribe, as a condition of receiving a grant, to report quarterly on activities performed using grant funds. Lists requirements for state preparedness reports.
Requires the Administrator to submit to specified committees annually: (1) the Federal Preparedness Report required under the Post-Katrina Emergency Management Reform Act of 2006, providing a detailed and comprehensive explanation of the methodologies used to calculate risk and compute the allocation of funds for DHS-administered grants; and (2) a report setting forth the amount of funding provided to Indian tribes under any DHS-administered grant program.
(Sec. 102) Requires the Administrator to regularly consult with the National Advisory Council on the administration and assessment of grant programs administered by DHS. Amends HSA to require evacuation planning to include the elderly.
(Sec. 103) Amends the Post-Katrina Emergency Management Reform Act of 2006 to require: (1) the Administrator to conduct an evaluation of the extent to which DHS-administered grants have contributed to the progress of state, local, and tribal governments in achieving target capabilities and in reducing risk; and (2) states to report on the extent to which their target capabilities remain unmet and assess the resources needed.
Title II: Emergency Management Performance Grants
- (Sec. 201) - Amends the Post-Katrina Emergency Management Reform Act of 2006 to replace a provision transferring the Noble Training Center to the Center for Domestic Preparedness with provisions establishing an Emergency Management Performance Grants Program to make grants to states to assist state, local, and tribal governments in preparing for all hazards. Limits the federal share of costs to 50%. Allocates .75% of grant funds to each state and .25% to American Samoa, the Northern Mariana Islands, Guam, and the Virgin Islands, with remaining funds allocated to each state in proportion to its population. Authorizes appropriations.
(Sec. 202) Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to permit the Administrator to award grants to states to equip, upgrade, and construct state and local emergency operations centers. Limits the federal share of costs to 75%.
Title III: Ensuring Communications Interoperability for First Responders
- (Sec. 301) Directs the Secretary to establish the Interoperable Emergency Communications Grant Program to make grants to states to carry out initiatives to improve local, tribal, statewide, regional, national, and international, interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism, and other man-made disasters.
Requires: (1) any state to use such a grant to implement its statewide interoperability plan and to assist with activities determined by the Secretary to be integral to interoperable emergency communications; and (2) the Director of Emergency Communications to approve the plan before a state may receive a grant. Sets forth provisions regarding plan requirements and limitations on uses of funds.
Prohibits the Secretary from awarding a grant: (1) before the date the Secretary completes the plan and submits it to Congress; and (2) to a state for the purchase of equipment that does not meet applicable voluntary consensus standards, in the absence of compelling reasons.
Lists considerations in approving applications and awarding grants, including the risk posed to each state, the degree of threat, vulnerability, and consequences related to critical infrastructure or key resources, and the anticipated effectiveness of the state's proposed use of grant funds to improve interoperability.
Sets minimum grant amounts for states and for American Samoa, the Northern Mariana Islands, Guam, and the Virgin Islands.
Requires a state receiving a grant to make available to local and tribal governments at least 80% of the funds. Prohibits a state from imposing unreasonable or unduly burdensome requirements on a tribal government as a condition of providing grant funds or resources. Establishes penalties for states violating Act requirements. Requires annual reports by state grant recipients and the Director.
(Sec. 302) Directs the Secretary, acting through the Director in coordination with the Federal Communications Commission (FCC) and the Secretary of Commerce, to establish an International Border Community Interoperable Communications Demonstration Project. Requires the Director to select no fewer than six border communities to participate and foster local, tribal, state, and federal interoperable emergency communications, as well as such communications with Canadian and Mexican authorities in the communities selected. Allows the project to proceed only after the FCC and the Department of Commerce have agreed upon the availability of the necessary spectrum resulting from the 800 megahertz rebanding process in border areas. Limits projects to three years.
Title IV: Strengthening Use of the Incident Command System
- (Sec. 402) Amends the Post-Katrina Emergency Management Reform Act of 2006 to require that the national exercise program (to test and evaluate the national preparedness goal, National Incident Management System, National Response Plan, and other related plans and strategies): (1) be designed to provide for systematic evaluation of readiness and enhance operational understanding of the Incident Command System and relevant mutual aid agreements, to address the unique requirements of special needs populations (including the elderly), and to include the prompt development of after-action reports and plans for quickly incorporating lessons learned into future operations; and (2) provide assistance that includes a selection of model exercises that state, local, and tribal governments can readily adapt.
(Sec. 404) Includes among the responsibilities of the Regional Administrators of FEMA: (1) coordinating with the private sector to help ensure private sector preparedness for natural disasters, acts of terrorism, and other man-made disasters; and (2) assisting state, local, or tribal governments to pre-identify and evaluate suitable sites where a multijurisdictional unified command system can be quickly established if the need arises.
(Sec. 405) Provides that, for each federal agency with responsibilities under the National Response Plan, the inventory shall include specified capabilities and assets, including a list of personnel credentialed and resources typed in accordance with HSA. Requires the inventory database to include real-time exchange of information regarding the compatibility of equipment, credentialed personnel, and typed resources, easy identification and rapid deployment during an incident of capabilities, credentialed personnel, and typed resources, and the sharing of inventories.
(Sec. 406) Requires reports to include the number and type of credentialed personnel in each category of personnel trained and ready to respond to a disaster and a discussion of whether the list of credentialed personnel of FEMA complies with the strategic human capital plan and is sufficient to respond to a disaster, including a catastrophic incident.
(Sec. 407) Directs the President to ensure that each federal agency with coordinating, primary, or supporting responsibilities under the National Response Plan regularly updates, verifies the accuracy of, and provides to the Administrator the information in the inventory that is required.
(Sec. 408) Requires the Administrator to provide the standards developed to federal agencies with responsibilities under the National Response Plan and to state, local, and tribal governments to aid in credentialing and typing personnel and resources likely needed to respond to a disaster.
Requires: (1) the Administrator to provide expertise and technical assistance to aid with credentialing and typing personnel and resources; and (2) each federal agency with responsibilities under the National Response Plan to ensure that personnel and resources likely needed to respond to a disaster are credentialed and typed.
(Sec. 409) Amends HSA to direct the Administrator to establish model standards and guidelines for credentialing critical infrastructure workers and to provide the standards, expertise, and technical assistance to state, local, and tribal governments.
(Sec. 410) Authorizes appropriations.
Title V: Improving Intelligence and Information Sharing Within the Federal Government and With State, Local, and Tribal Governments - Subtitle A: Homeland Security Information Sharing Enhancement
- (Sec. 501) Directs the Secretary to administer the Homeland Security Advisory System to provide advisories or warnings regarding the threat or risk of acts of terrorism.
Requires the Secretary to: (1) establish criteria and a methodology for the issuance and revocation of such advisories; (2) provide specific information and advice regarding protective measures and countermeasures; (3) limit the scope of each advisory to a specific region, locality, or economic sector believed to be under threat or at risk; and (4) not use color designations as the exclusive means of specifying threat conditions.
Directs the Secretary, through the Under Secretary for Intelligence and Analysis, to: (1) integrate the information and standardize the format of products of DHS intelligence components; and (2) designate an information sharing and knowledge management officer for each component who shall report to the Under Secretary regarding coordinating the different systems used in DHS to gather and disseminate homeland security information or national intelligence.
Requires the Secretary, through the Under Secretary, to: (1) establish DHS-wide procedures for the review and analysis of information provided by state, local, and tribal governments and the private sector and integrate such information with federal agency information; (2) develop mechanisms to provide feedback regarding the analysis and utility of information provided; (3) provide training and educational opportunities to DHS employees; and (4) evaluate how employees of the Office of Intelligence and Analysis and DHS intelligence components are utilizing homeland security or national intelligence information and participating in the information sharing environment.
Directs the Secretary to: (1) establish a comprehensive information technology network architecture for the Office that connects its various databases and related information technology assets and the intelligence components of DHS to promote internal information sharing among the intelligence and other personnel of DHS; and (2) report to Congress.
(Sec. 502) Amends HSA to define "Intelligence component of the Department" to include any DHS element or entity that collects, analyzes, or disseminates intelligence information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information or national intelligence, except the Secret Service and the Coast Guard when operating under the direct authority of the Secretary or Defense or the Secretary of the Navy. Specifies information the Under Secretary shall receive from the Secret Service.
(Sec. 503) Sets forth the responsibilities of the head of each DHS intelligence component. Directs the Secretary: (1) to provide training and guidance for employees; and (2) through the Under Secretary, to develop a curriculum for training state, local, and tribal government officials that includes executive level training for senior level officers, intelligence analysts, and other emergency response providers. Requires the Federal Law Enforcement Training Center and other existing federal entities to carry out the training programs.
Authorizes the President or the head of an agency to consider the success of an employee in sharing information in making cash awards. Directs each department head to adopt best practices to educate and motivate federal employees to participate fully in the information sharing environment.
(Sec. 504) Amends the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) to define: (1) "homeland security information" as defined in HSA; and (2) "information sharing environment" as an approach that facilitates the sharing of terrorism and homeland security information. Defines "terrorism information" and "weapons of mass destruction information."
Requires: (1) the departments represented on the Information Sharing Council, at the request of the Director of National Intelligence (DNI), to detail personnel to the program manager; and (2) the President to report to specified committees on the Information Sharing Environment. Authorizes the program manager to hire 40 full-time employees to assist the program manager. Authorizes appropriations.
Subtitle B: Homeland Security Information Sharing Partnerships
- (Sec. 511) Amends HSA to direct the Secretary to establish a State, Local, and Regional Fusion Center Initiative. Directs: (1) the Under Secretary to assign officers and intelligence analysts from DHS components to such centers; and (2) the Secretary to develop qualifying criteria for a fusion center to participate in assigning DHS officers or intelligence analysts. Lists as prerequisites for such assignment intelligence analysis, privacy, and civil liberties training.
Directs the Secretary to make it a priority to assign officers and intelligence analysts from Customs and Border Protection (CBP), Immigration and Customs Enforcement (ICE), and the Coast Guard to participating fusion centers located in jurisdictions along U.S. borders. Grants each assigned individual access to all relevant federal databases and information systems.
Directs the Secretary to: (1) create a mechanism for any state, local, or tribal emergency response provider who is a consumer of intelligence to voluntarily provide feedback to DHS; and (2) establish guidelines for fusion centers, including on incorporating emergency response providers and the private sector into all relevant phases of the intelligence and fusion process through full time representatives or liaison relationships. Requires an officer or analyst assigned to a fusion center by the Secretary before this Act's enactment to undergo specified training within six months.
Requires: (1) the Secretary to submit to specified congressional committees a concept of operations report; and (2) DHS's Privacy Officer and Officer for Civil Liberties and Civil Rights to report on the program's impact on privacy and civil liberties.
(Sec. 512) Directs the Secretary, acting through the Under Secretary, to establish a Homeland Security Information Sharing Fellows Program.
(Sec. 513) Directs the Secretary to establish a Rural Policing Institute, which shall be administered by the Federal Law Enforcement Training Centern, to: (1) evaluate the needs of law enforcement agencies and other emergency response providers in rural areas; (2) develop and provide expert training programs to address those needs; and (3) conduct outreach.
Subtitle C: Interagency Threat Assessment and Coordination Group
- (Sec. 521) Requires the DNI, through the program manager for the information sharing environment (designated under IRTPA) and in coordination with the Secretary, to coordinate and oversee the creation of an Interagency Threat Assessment and Coordination Group (ITACG), which shall consist of: (1) an Advisory Council to set policy and develop processes for the integration, analysis, and dissemination of federally-coordinated information within the scope of the information sharing environment; and (2) a Detail comprised of state, local, and tribal homeland security and law enforcement officers and intelligence analysts detailed to work in the National Counterterrorism Center of the Office of the DNI (Center) with federal intelligence analysts for the purpose of integrating, analyzing, and assisting in the dissemination of such information. Directs the program manager to monitor and assess the efficacy of the ITACG and report on its progress.
Includes within the ITACG Advisory Council: (1) representatives of DHS, the Federal Bureau of Investigation (FBI), the Center, the Department of Defense (DOD), the Department of Energy (DOE), and the Department of State; (2) the program manager of the information sharing environment; and (3) executive level law enforcement and intelligence officials from state, local, and tribal governments.
Requires DHS's Privacy Officer and Officer for Civil Liberties and Civil Rights to report on the impact of ITACG on privacy and civil liberties.
Subtitle D: Homeland Security Intelligence Offices Reorganization
- (Sec. 531) Replaces DHS's Directorate for Information Analysis and Infrastructure Protection with an Office of Intelligence and Analysis and an Office of Infrastructure Protection. Provides that: (1) the Office of Intelligence and Analysis shall be headed by an Under Secretary; (2) the Under Secretary shall serve as the Chief Intelligence Officer of DHS; and (3) the Office of Infrastructure Protection shall be headed by an Assistant Secretary.
Includes among the responsibilities of the appropriate Secretary relating to intelligence and analysis and infrastructure protection: (1) providing guidance to the heads of intelligence components on developing budgets; and (2) presenting recommendations to the Secretary for a consolidated intelligence budget.
Subtitle E: Authorization of Appropriations
- (Sec. 541) Authorizes appropriations for FY2008-FY2012 to carry out this title.
Title VI: Congressional Oversight of Intelligence
- (Sec. 601) Requires the DNI to disclose to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for each fiscal year. Allows the President, beginning with FY2009, to waive or postpone the disclosure for any fiscal year by submitting to the Senate and House intelligence committees: (1) a statement, in unclassified form, that the disclosure would damage national security; and (2) a statement detailing the reasons for the waiver or postponement, which may be submitted in classified form.
(Sec. 602) Amends the Public Interest Declassification Act of 2000 to authorize the Public Interest Declassification Board, upon receiving a congressional request, to conduct a declassification review and make recommendations, regardless of whether the review is requested by the President. Requires recommendations submitted to the President by the Board to be submitted to the chairman and ranking member of the congressional committee that made the request. Terminates the Public Interest Declassification Act on December 31, 2012.
(Sec. 603) Expresses the sense of the Senate that the Committee on Homeland Security and Governmental Affairs and the Select Committee on Intelligence of the Senate (each or jointly) should: (1) undertake a review of the recommendations made in the final report of the 9/11 Commission regarding intelligence reform and congressional intelligence oversight reform; (2) review and consider any other suggestions, options, or recommendations for improving intelligence oversight; and (3) report to the Senate by December 21, 2007, with any recommendations for carrying out such reforms.
(Sec. 604) Amends the Continuing Appropriations Resolution, 2007 to authorize the National Archives and Records Administration (NARA) to obligate monies necessary to carry out the activities of the Public Interest Declassification Board.
(Sec. 605) Requires the Director of the CIA to: (1) prepare and make available to the public a version of the executive summary of the Office of Inspector General Report on CIA Accountability Regarding Findings and Conclusions of the Joint Inquiry into Intelligence Community Activities Before and After the Terrorist Attacks of September 11, 2001, issued in June 2005, that is declassified to the maximum extent possible, consistent with national security; and (2) submit to Congress a classified annex to the redacted executive summary that explains the reason that any redacted material was withheld from the public.
Title VII: Strengthening Efforts To Prevent Terrorist Travel - Subtitle A: Terrorist Travel
- (Sec. 701) Directs the Secretary of State and the Secretary, in conjunction with the DNI and other federal agency heads, to report to Congress on U.S. efforts to collaborate with international partners and allies to increase border security, enhance global document security, and exchange terrorist information.
Subtitle B: Visa Waiver
- (Sec. 711) Secure Travel and Counterterrorism Partnership Act - Expresses the sense of Congress that the United States should modernize and strengthen the visa waiver program by simultaneously enhancing program security requirements and extending visa-free travel privileges to nationals of foreign countries that are partners in the war on terrorism.
Amends the Immigration and Nationality Act to direct the Secretary to: (1) certify to Congress when an air exit system is in place that can verify the departure of not less than 97% of foreign nationals that exit through U.S. airports and an electronic travel authorization system is fully operational; and (2) notify Congress in writing of the date on which the air exit system fully satisfies specified biometric requirements. Suspends the Secretary's waiver authority beginning July 1, 2009, if the Secretary has not notified Congress, until the Secretary makes such notification. Provides for the waiver of low nonimmigrant visa refusal rate requirements for participation in the Visa Waiver Program after such certification if specified security conditions are met. Directs the Secretary and the Secretary of State to jointly use information from the system to establish a maximum visa overstay rate for countries participating in the Program pursuant to a waiver. Requires the Secretary to: (1) submit to Congress and publish in the Federal Register a notice of the proposed maximum visa overstay rate; and (2) issue a final rate not less than 60 days thereafter.
Requires each alien traveling under the Visa Waiver Program, beginning on the date on which the electronic travel authorization system is fully operational, to electronically provide basic biographical information to the system before applying for admission. Directs the Secretary to determine whether the alien is eligible to travel to the United States under the Program.
Revises requirements for eligibility as a Program country to require a country's government to: (1) enter into an agreement with the United States to report or make available through Interpol information about the theft or loss of passports within a strict time and in a specified manner; (2) accept for repatriation any citizen, former citizen, or national against whom a final executable order of removal is issued not later than three weeks after the issuance of such order; and (3) share information regarding whether nationals of that country traveling to the United States represent a threat.
Requires the Secretary to: (1) report to Congress on the implementation of the electronic travel authorization system and the participation of new countries in the Program through a waiver; and (2) provide technical assistance to Program countries. Prohibits the Secretary from waiving an eligibility requirement without notifying the appropriate congressional committees at least 30 days before the effective date of the waiver.
Requires the DNI to immediately inform the Secretary of any current and credible threat that poses an imminent danger to the United States or its citizens and originates from a country participating in the visa waiver program. Provides that the Secretary: (1) may suspend a country from that program without prior notice; (2) shall notify any country suspended and justify the suspension; and (3) shall restore the suspended country's participation in that program upon a determination that the threat no longer poses an imminent danger.
Requires the DNI: (1) prior to the admission of a new country into the Program and in conjunction with the required periodic evaluations, to conduct an independent intelligence assessment of a nominated country and member of the program; and (2) to provide that assessment to the Secretary, the Secretary of State, and the Attorney General.
Authorizes the Secretary to: (1) develop and implement a fully automated electronic travel authorization system to collect basic biographical information to determine the eligibility of an alien to travel to the United States under the Program; and (2) charge a fee for the use of the system. Directs the Secretary to prescribe regulations that provide for up to a three-year period during which a determination of eligibility to travel under the Program will be valid. Permits the Secretary to revoke such determination at any time. Denies judicial review of an eligibility determination under the system.
Directs the Secretary to establish an exit system that records the departure on a flight leaving the United States of every alien participating in the Program. Requires this system to: (1) match biometric information of the alien against relevant watch lists and immigration information; and (2) compare biometric information against manifest information collected by air carriers on passengers departing the United States to confirm that such individuals have departed.
Subtitle C: Strengthening Terrorism Prevention Programs
- (Sec. 721) Amends IRTPA to direct the Secretary to: (1) nominate a U.S. government official to serve as the Director of the Human Smuggling and Trafficking Center, which shall be staffed with not fewer than 40 full-time employees detailed from specified agencies. Directs the Secretary and the heads of other relevant agencies to provide incentives for service on the staff of the Center. Requires the Office of Intelligence and Analysis, in coordination with the Center, to submit to relevant law enforcement agencies periodic reports regarding terrorist threats related to human smuggling, human trafficking, and terrorist travel. Authorizes appropriations.
(Sec. 722) Directs the Secretary to designate a DHS official to: (1) be responsible for carrying out the program to oversee implementation of the Secretary's responsibilities regarding terrorist travel; (2) assist in improving DHS's ability to prevent terrorists from entering or remaining undetected in the United States; and (3) serve as the Secretary's primary point of contact with the National Counterterrorism Center regarding terrorist travel initiatives and recommendations.
(Sec. 723) Adds as a criterion to be met before implementation of a plan for requiring specified documents for travel in the United States certification of the signing by the Secretary and the Secretary of State of a memorandum of agreement to initiate a pilot program with not less than one state to determine if an enhanced driver's license that is machine-readable, tamper proof, and issued by such state may permit an individual to meet documentation requirements for entry into the United States from Canada. Directs the Secretary and the Secretary of State to report to the appropriate congressional committees on expansion of the pilot program and its impact on national security.
(Sec. 724) Directs: (1) the Secretary to conduct a complete cost-benefit analysis of the Western Hemisphere Travel Initiative; and (2) the Secretary of State to develop proposals for reducing the proposed execution fee charged for the passport card during implementation of the land and sea phase of that Initiative.
(Sec. 725) Directs the Secretary to: (1) establish a model ports-of-entry program to provide a more efficient and welcoming international arrival process in order to promote business and tourist travel to the United States while improving security; (2) implement the program initially at the 20 U.S. international airports with the greatest average annual number of arriving foreign visitors; and (3) employ at least an additional 200 CBP officers to address staff shortages at such airports.
Subtitle D: Miscellaneous Provisions
- (Sec. 731) Directs: (1) the Secretary to submit to Congress a report regarding ongoing DHS initiatives to improve security along the northern U.S. border; and (2) the Comptroller General to submit comments on the report and recommendations to Congress.
Title VIII: Privacy and Civil Liberties
- (Sec. 801) Amends the National Security Intelligence Reform Act of 2004 to direct the Privacy and Civil Liberties Oversight Board to: (1) analyze executive branch actions to protect the nation from terrorism; (2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the nation from terrorism; (3) assess reports and other information from privacy officers and civil liberties officers; (4) make recommendations to such officers regarding their activities and coordinate activities on relevant interagency matters; (5) report at least semiannually to specified committees and to the President; and (6) inform the public of its activities consistent with the protection of classified information. Sets forth provisions regarding access to information, including review of subpoena requests, and security clearances. Authorizes appropriations. .
(Sec. 802) Amends HSA to grant DHS's senior privacy officer access to records and authority to conduct investigations relating to DHS programs and operations. Directs such officer to: (1) report to, and be under the general supervision of, the Secretary; and (2) coordinate activities with DHS's Inspector General. Requires notification to Congress upon such official's removal or transfer.
(Sec. 803) Directs the Attorney General, the Secretaries of Defense, State, Treasury, Health and Human Services, and Homeland Security, the DNI, the Director of the Central Intelligence Agency (CIA), and the head of any other department designated by the Board to designate a senior officer to: (1) assist the agency head in considering privacy and civil liberties concerns when developing or implementing laws, regulations, or guidelines related to efforts to protect the nation against terrorism; and (2) periodically investigate and review department actions, guidelines, and related laws to ensure adequate consideration of privacy and civil liberties.
(Sec. 804) Federal Agency Data Mining Reporting Act of 2007 - Requires federal agency heads to report to Congress on any activity to use or develop data mining. Defines "data mining" as a query, search, or other analysis of one or more electronic databases, where: (1) a federal agency or a non-federal entity acting on the government's behalf is conducting the analysis to find a predictive pattern or anomaly indicating terrorist or criminal activity; and (2) the search does not use a specific individual's personal identifiers to retrieve information. Requires annual updates.
Title IX: Private Sector Preparedness
- (Sec. 901) Amends HSA to direct the Administrator and the Assistant Secretary for Infrastructure Protection to develop guidance and identify best practices to assist action by the private sector in identifying hazards, assessing risks and impacts, and developing mutual aid agreements, taking into consideration small business concerns.
Directs the Secretary, acting through a designated officer, to establish and implement a voluntary private sector preparedness accreditation and certification program. Requires that officer to: (1) support the development and updating of voluntary preparedness standards; and (2) develop and promote a program to certify the preparedness of private sector entities that voluntarily choose to implement the program.
Directs the designated officer and any selected entity to: (1) regularly monitor and inspect the operations of any third party conducting certifications; (2) revoke accreditations and certifications under specified circumstances; and (3) maintain and make public a listing of private sector entities that are certified as being in compliance.
(Sec. 902) Amends HSA to make the Special Assistant to the Secretary responsible for: (1) providing information to the private sector regarding such standards and the business justification for preparedness; and (2) promoting to the private sector the adoption of such standards. Includes advising the Secretary on private sector preparedness issues among the functions of private sector advisory councils.
Title X: Improving Critical Infrastructure Security
- (Sec. 1001) Directs the Secretary to establish, maintain, and annually update: (1) a National Asset Database of each system or asset that the Secretary determines to be vital and the loss, interruption, incapacity, or destruction of which would have a negative or debilitating effect on the economic security, public health, or safety of the United States, any state, or any local government; and (2) a single classified prioritized list of such systems and assets that the Secretary determines would, if destroyed or disrupted, cause national or regional catastrophic effects.
Directs the Secretary to: (1) identify and evaluate methods to acquire relevant private sector information; and (2) submit annual reports on the database and the list to the House and Senate homeland security committees. Authorizes the Secretary to establish a National Infrastructure Protection Consortium to advise the Secretary on the best way to identify, generate, organize, and maintain such database and list.
(Sec. 1002) Directs the Secretary to submit to specified committees reports on: (1) the Secretary's comprehensive assessments of U.S. critical infrastructure and key resources evaluating threat, vulnerability, and consequence; and (2) industry preparedness to reduce interruption of critical infrastructure and key resource operations during a national emergency.
(Sec. 1003) Expresses the sense of Congress that the Secretary should ensure that levees are included in one of the critical infrastructure and key resources sectors identified in the National Infrastructure Protection Plan.
Title XI: Enhanced Defenses Against Weapons of Mass Destruction
- (Sec. 1101) Amends HSA to direct the Secretary to establish, operate, and maintain a National Biosurveillance Integration Center (NBIC) to: (1) enhance the federal government's capability to rapidly identify and track a biological event of national significance by integrating and analyzing data from human health, animal, plant, food, and environmental monitoring systems; (2) disseminate alerts and information to member agencies and to state, local, and tribal government agencies to enhance their ability to respond to such an event; and (3) oversee development and operation of the National Biosurveillance Integration System.
Requires: (1) the NBIC to detect, as early as possible, a biological event of national significance that presents a risk to the United States or to U.S. infrastructure or key assets; (2) the Secretary to ensure that the NBIC is fully operational by September 30, 2008, and to report to the House and Senate homeland security committees; and (3) NBIC's Directing Officer to monitor the availability and appropriateness of surveillance systems used by NBIC, provide technical assistance, evaluate data for evidence of a biological event of national concern, and establish a method of real-time communication with the National Operations Center. Directs member agencies to use best efforts to integrate biosurveillance information into the NBIC.
(Sec. 1102) Directs the Comptroller General to report to Congress on the state of biosurveillance efforts.
(Sec. 1103) Amends HSA to direct the Secretary, the Attorney General, the Secretaries of State, Defense, and Energy, and the DNI to jointly: (1) take specified steps to ensure interagency coordination on the development and implementation of the global nuclear detection architecture; and (2) report each year to the President and to specified congressional committees.
(Sec. 1104) Grants the Secretary responsibility for ensuring that domestic chemical, biological, radiological, and nuclear detection equipment and technologies are integrated with other border security systems and detection technologies. Directs the Secretary to report to Congress on a plan to develop a departmental assessment process to determine and certify the readiness levels of technologies before full deployment within the United States.
Title XII: Transportation Security Planning and Information Sharing
- (Sec. 1202) Modifies provisions regarding transportation security strategic planning to direct the Secretary to develop, implement, and update as needed transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, pipeline, public transportation, over-the-road bus, and other transportation infrastructure assets.
Requires the National Strategy for Transportation Security to include: (1) the development of risk-based priorities based on risk assessments conducted by the Secretary, including of freight and passenger rail transportation, and public transportation security assessments by the Department of Transportation's (DOT) Federal Transit Administration (FTA) required by this Act; (2) a strategic plan that sets forth the roles and missions of tribal authorities and includes mechanisms for encouraging cooperation and participation by private sector entities; and (3) a comprehensive delineation of prevention responsibilities and issues regarding threatened and executed acts of terrorism inside the United States and outside the United States to the extent such acts affect U.S. transportation systems. Requires transportation security research and development projects to be based on a prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets.
Requires the Strategy to also include: (1) a three- and 10-year budget for federal transportation security programs that reflect National Strategy priorities; (2) methods for linking the individual transportation modal security plans and programs and a plan for addressing the security needs of intermodal transportation hubs; and (3) transportation security modal plans, including operational recovery plans to expedite the return to operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. Requires such plans to be coordinated with the resumption of trade protocols required under the SAFE Port Act and the National Maritime Transportation Security Plan.
Expands the scope of reporting requirements. Requires an accounting regarding the turnover among senior staff of DHS working on transportation security issues. Directs the Secretary to provide an unclassified version of the National Strategy, including its component transportation modal security plans, to federal, state, regional, local, and tribal authorities, transportation system owners or operators, private sector stakeholders (including nonprofit employee labor organizations representing transportation employees), and institutions of higher learning.
(Sec. 1203) Directs the Secretary to establish a Transportation Security Information Sharing Plan that shall include: (1) coordination with existing modal information sharing centers and the Information Sharing and Analysis Center for Public Transportation; (2) establishment of a point of contact for each mode of transportation within DHS for its sharing of transportation security information with stakeholders; (3) an implementation deadline; and (4) a description of resource needs.
Requires the Comptroller General to conduct a biennial survey of the satisfaction of each of the recipients of transportation intelligence reports disseminated under the Plan and report to the appropriate committees a report on the results.
Directs the Secretary to: (1) facilitate the security clearances needed for stakeholders to receive and obtain access to classified information; (2) provide stakeholders with transportation security information in an unclassified format; and (3) provide a semiannual report to specified committees that includes a description of the stakeholders who were provided with each report, the measures the Secretary has taken to ensure proper treatment and security for any classified information, and the reason for the denial of transportation security information to any stakeholder who had previously received such information.
(Sec. 1204) Authorizes the Secretary to establish, operate, and maintain a National Domestic Preparedness Consortium within DHS to: (1) identify, develop, test, and deliver training to emergency response providers; (2) provide on-site and mobile training at the performance and management and planning levels; and (3) facilitate the delivery of training by DHS's training partners. Authorizes appropriations for the Center for Domestic Preparedness and for specified other centers.
(Sec. 1205) Directs the Secretary to establish a National Transportation Security Center of Excellence to conduct research and education activities and to develop or provide security training to transportation employees and professionals.
(Sec. 1206) Grants immunity from civil liability to any person who, in good faith based on an objectively reasonable suspicion, makes a voluntary report of suspicious activity that involves a threat to passenger safety or a terrorist act to an authorized official. Makes this provision effective to activities and claims occurring on or after October 1, 2006.
Title XIII: Transportation Security Enhancements
- (Sec. 1302) Provides for separate enforcement authority by the Secretary and the Secretary of Defense for violations of regulations and orders issued by the Secretary under this title. Establishes a civil penalty of $10,000 per violation. Provides for maximum penalties of $50,000 if the violation was committed by an individual or small business or of $400,000 otherwise. Requires the Secretary, before imposing a penalty, to provide written notice of the proposed penalty and an opportunity to request a hearing. Directs the Secretary to provide information to the public on enforcement actions and the enforcement process.
(Sec. 1303) Authorizes the Secretary, acting through the Administrator of the Transportation Security Administration (TSA), to develop Visible Intermodal Prevention and Response (VIPR) teams to augment the security of any mode of transportation at any location within the United States.
(Sec. 1304) Authorizes the Secretary, through the Administrator, to train, employ, and utilize surface transportation security inspectors to assist surface transportation carriers, operators, and facilities to enhance their security against security threats and to assist the Secretary in enforcing applicable surface transportation security regulations and directives.
(Sec. 1305) Directs the Secretary to: (1) establish a program to provide DHS information on the performance, use, and testing of technologies that may be used to enhance railroad, public transportation, and surface transportation security to surface transportation entities, including whether the technology is designated as a qualified antiterrorism technology.
(Sec. 1306) Makes any statutory limitation on the number of TSA employees inapplicable to employees carrying out this title and titles XII, XIV, and XV.
(Sec. 1307) Directs the Secretary to: (1) begin to increase the number of explosives detection canine teams certified by TSA for purposes of transportation-related security by up to 200 canine teams by the end of 2010; and (2) encourage state, local, and tribal governments and private owners of high-risk transportation facilities to strengthen security through the use of such teams. Directs the Secretary to increase the number of teams by: (1) using TSA's National Explosives Detection Canine Team Training Center; (2) partnering with other government and private sector entitiesto increase training capacity; and (3) procuring canines trained by nonprofit organizations, universities, or the private sector, provided they are trained in a manner consistent with criteria developed by the Secretary. Directs the Comptroller General to report on the utilization of such teams to strengthen security and the capacity of the national explosive detection canine team program.
(Sec. 1308) Directs the Secretary to conduct a study of the need and feasibility of establishing a system of maritime and surface transportation-related user fees to provide necessary funding for improving and maintaining maritime and surface transportation security.
(Sec. 1309) Disqualifies an individual who has been convicted, or found not guilty by reason of insanity, of specified felonies from being issued a biometric transportation security card, with exceptions.
(Sec. 1310) Designates the Secretary as the principal federal official responsible for transportation security.
Title XIV: Public Transportation Security
- (Sec. 1401) National Transit Systems Security Act of 2007 - Directs the Secretary to: (1) develop and implement the modal plan for public transportation entitled the National Strategy for Public Transportation Security (based upon previous and ongoing security assessments conducted by DHS and DOT); and (2) establish guidelines that minimize security threats to public transportation systems and maximize the abilities of such systems to mitigate damage resulting from a terrorist attack or other major incident.
Requires the Secretary to: (1) consult with all relevant stakeholders; (2) describe in the Strategy prioritized goals, objectives, and schedules to improve security; and (3) include in the Strategy a description of the roles, responsibilities, and authorities of federal, state, and local agencies, tribal governments, and appropriate stakeholders. Requires the plan to include: (1) the identification of, and a plan to address, gaps and unnecessary overlaps in the roles, responsibilities, and authorities of federal agencies; and (2) a process for coordinating existing or future security strategies and plans.
(Sec. 1405) Requires: (1) the FTA Administrator to submit all public transportation security assessments and other relevant information to the Secretary; and (2) the Secretary to review and augment such assessments and to conduct additional assessments as necessary to ensure that all high risk public transportation agencies will have a completed security assessment.
Directs the Secretary to: (1) conduct security assessments, based on a representative sample, to determine the specific needs of local bus-only public transportation systems and systems that receive formula grants for non-urbanized areas; (2) make the representative assessments available for use by similarly situated systems; and (3) require public transportation agencies determined to be at high risk for terrorism to develop a comprehensive security plan.
Sets forth plan and review requirements. Prohibits the Secretary from requiring an agency to develop a plan if it does not receive a grant (but authorizes the Secretary to waive this exemption under specified circumstances). Requires annual security-related updates.
Directs the Secretary to: (1) utilize information developed or received in this section to establish security improvement priorities unique to each individual public transportation agency that has been assessed; (2) use such priorities as the basis for allocating risk-based grant funds unless the Secretary notifies the appropriate committees that an adjustment is necessary to respond to an urgent threat or other significant national security factors; and (3) encourage the development and implementation of coordinated assessments and security plans to the extent a public transportation agency shares facilities with another agency, a freight or passenger railroad carrier, or an over-the-road bus operator that is geographically close or otherwise co-located.
(Sec. 1406) Directs the Secretary to establish a program for making grants to public transportation agencies for security improvements. Requires the Secretary and the Secretary of Transportation to determine the most efficient way to distribute grant funds. Requires each recipient to report annually to the Secretary on the use of such funds.
Directs the Secretary to: (1) issue guidelines to ensure that recipients using contractors or subcontractors use small, minority, women-owned, or disadvantaged business concerns to the extent practicable; (2) act consistently with relevant state homeland security plans in establishing security improvement priorities and in awarding grants; (3) consider risks of the entire system in cases in which a public transportation system operates in more than one state; (4) notify the appropriate committees simultaneously of the intent to award a grant; and (5) establish a process to require the return of misspent grant funds.
(Sec. 1407) Directs the Secretary to establish a program for conducting security exercises for public transportation agencies to assess and improve their capabilities to prevent, prepare for, mitigate against, respond to, and recover from terrorist acts.
(Sec. 1408) Directs the Secretary to: (1) develop and issue regulations for a public transportation security training program to prepare public transportation front line and other employees for potential security threats; and (2) ensure that the program is a component of the National Training Program established under the Post Katrina Emergency Management Reform Act. Requires any public transportation agency required to develop a security training program to provide routine and ongoing training for employees covered under the program, regardless of whether the agency receives subsequent grant awards. Provides for a ferry exemption. Directs the Comptroller General to review implementation of the program.
(Sec. 1409) Directs the Secretary to: (1) carry out a research and development program through the Homeland Security Advanced Research Projects Agency in the Science and Technology Directorate to improve the security of public transportation systems; (2) award grants or contracts to entities to conduct research and demonstrate technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from terrorist attacks against public transportation systems; and (3) ensure that the research is consistent with priorities established in the National Strategy for Public Transportation Security and is coordinated with other public transportation initiatives. Directs the Secretary to consult with the Chief Privacy Officer and the Officer for Civil Rights and Civil Liberties of DHS, who shall conduct privacy impact assessments and reviews for initiatives developed under this section. Requires the return of misspent grant or contract funds.
(Sec. 1410) Directs the Secretary to: (1) ensure that DOT receives appropriate and timely notification of all credible terrorist threats against public transportation assets in the United States; (2) provide for the reasonable costs of the Information Sharing and Analysis Center for Public Transportation (ISAC); (3) require public transportation agencies at high risk of terrorist attack to participate in ISAC; and (4) encourage all other public transportation agencies and nonprofit employee labor organizations representing public transportation employees to participate in ISAC. Prohibits the Secretary from charging a fee to participate in ISAC. Directs the Comptroller General to report on the value and efficacy of ISAC along with any other DOT public transportation information-sharing programs.
(Sec. 1411) Requires the Secretary to complete a name-based security background check against the consolidated terrorist watchlist and an immigration status check for all public transportation front-line employees.
(Sec. 1412) Directs the Secretary to report annually to: (1) Congress on implementation of this title, the National Strategy for Public Transportation Security, and the state of such security in the United States); and (2) the governors of each state with a public transportation agency that has received a grant under this Act.
(Sec. 1413) Provides protections for public transportation employee whistleblowers under specified circumstances. Sets forth procedures for retaliatory discharge or discrimination claims. Requires the Secretary to: (1) establish regulations and provide information to the public regarding submission of a report to the Secretary regarding public transportation security problems, deficiencies, or vulnerabilities; and (2) take appropriate steps to address any problems or deficiencies identified.
(Sec. 1414) Requires any guidance or other widely disseminated voluntary action item issued by the Secretary to a public transportation agency or contractor relating to performing a security background check of a covered individual to contain recommendations on the appropriate scope and application of such a check. Requires the Secretary, upon issuing a rule requiring such a check, to prohibit a public transportation agency, contractor, or subcontractor from making an adverse employment decision until specified conditions are met.
(Sec. 1415) Prohibits surface transportation inspectors from issuing fines or civil penalties to public transportation agencies except under specified circumstances.
Title XV: Surface Transportation Security - Subtitle A: General Provisions
- (Sec. 1502) Directs the Secretary, in coordination with the Secretary of Transportation for grants awarded to the National Railroad Passenger Corporation (Amtrak), to establish necessary procedures, including monitoring and audits, to ensure that grants made are expended in accordance with this title. Authorizes additional audits and reviews. Directs the Secretary to prescribe procedures and schedules for awarding such grants.
Authorizes the Secretary to issue non-binding letters of intent to recipients of a grant under this title to commit funding from future budget authority of an amount (not more than the federal government's share of the project's costs) for a capital improvement project, subject to specified requirements.
(Sec. 1503) Authorizes appropriations to: (1) the Secretary for railroad security, over-the-road bus and trucking security, and hazardous material and pipeline security; and (2) the Secretary of Transportation for fire and life safety improvements.
(Sec. 1504) Directs the Secretary to develop a national plan for railroad and over-the-road bus security public outreach and awareness.
Subtitle B: Railroad Security
- (Sec. 1511) Directs the Secretary to establish a task force to complete a nationwide risk assessment of a terrorist attack on railroad carriers, including: (1) an assessment of public and private operational recovery plans; and (2) an account of actions by public and private entities to address identified rail security issues and to assess the effective integration of such actions.
Directs the Secretary to develop and implement the National Strategy for Railroad Transportation Security. Requires the plan to include prioritized goals, actions, and schedules for: (1) improving the security of rail infrastructure and facilities, information systems, and other areas posing significant rail-related risks to public safety and interstate commerce; (2) deploying equipment and personnel to detect security threats; (3) training railroad employees in terrorism prevention, preparedness, passenger evacuation, and response activities; (4) identifying the immediate and long-term costs of measures that may be required to address those risks; and (5) identifying public and private sector sources to fund such measures.
Directs the Secretary to: (1) include in the plan a description of the roles, responsibilities, and authorities of federal, state, and local agencies, government-sponsored entities, tribal governments, and appropriate stakeholders; (2) report to the appropriate committees on the assessment and the Strategy and an estimate of the cost to implement the Strategy; and (3) update the assessment and Strategy annually.
(Sec. 1512) Requires the Secretary to issue regulations that: (1) require each railroad carrier assigned a high-risk tier to conduct a vulnerability assessment and to prepare, submit for approval, and implement a security plan that addresses security performance requirements; and (2) establish standards and guidelines, based on and consistent with the risk assessment and Strategy, for developing and implementing the vulnerability assessments and security plans for railroad carriers assigned to high-risk tiers.
Authorizes the Secretary to establish a security program for railroad carriers not assigned to a high-risk tier.
Directs the Secretary to: (1) provide technical assistance and guidance to railroad carriers in conducting vulnerability assessments and in preparing and implementing security plans; and (2) require that each assessment of a carrier assigned to a high-risk tier fulfill specified requirements, including identification and evaluation of critical railroad carrier assets and infrastructure, identification of specified strengths and weaknesses, and identification of redundant and backup systems required to ensure the continued operation of critical elements of a carrier's system in the event of an attack or other incident.
Directs the Secretary to require the individual serving as security coordinator to be a U.S. citizen (subject to a waiver). Sets a deadline for review of vulnerability assessments and security plans. Authorizes the Secretary to require interim security measures. Directs the Secretary to assign each railroad carrier to a risk-based tier and to notify the carrier.
Authorizes the Secretary to determine if existing procedures, protocols, and standards meet the requirements of this section. Requires periodic evaluation by the Secretary of the adequacy of the vulnerability assessment and security plan.
(Sec. 1513) Authorizes the Secretary to make grants to railroad carriers, the Alaska Railroad, security-sensitive materials offerors who ship by railroad, owners of railroad cars used in the transportation of security-sensitive materials, state and local governments (for railroad passenger facilities and infrastructure not owned by Amtrak), and Amtrak for intercity passenger railroad and freight railroad security improvements, including for: (1) security and redundancy for critical communications, computer, and train control systems essential for secure rail operations; (2) the security of security-sensitive materials transportation by rail; and (3) emergency response equipment.
Requires the Secretary to award funds authorized by this section based on risk and to encourage nonfederal financial participation in funded projects. Authorizes appropriations.
(Sec. 1514) Authorizes the Secretary to make grants to Amtrak for: (1) protecting underwater and underground assets and systems; (2) protecting high risk and high consequence assets identified through system-wide risk assessments; (3) providing counterterrorism training; (4) providing both visible and unpredictable deterrence; and (5) conducting emergency preparedness drills and exercises.
Directs the Secretary to make grants: (1) to secure major tunnel access points and ensure tunnel integrity in New York, New Jersey, Maryland, and Washington, D.C.; (2) to secure Amtrak trains and stations; (3) to obtain a watch list identification system; (4) to obtain train tracking and interoperable communications systems that are coordinated; (5) to hire additional police officers; (6) for operating and capital costs associated with security awareness, preparedness, and response training; and (7) for live or simulated exercises.
Directs the Secretary to ensure that stations and facilities located outside of the Northeast Corridor receive an equitable share of authorized security funds, subject to meeting the highest security needs on Amtrak's entire system and consistent with the required risk assessments and security plan.
(Sec. 1515) Authorizes the Secretary of Transportation to make grants to Amtrak for fire and life-safety improvements to Amtrak tunnels on the Northeast Corridor. Makes funds available for specified upgrades of the six New York and New Jersey tunnels, the Baltimore & Potomac tunnel and the Union tunnel, and the Washington, D.C. Union Station tunnels and for the preliminary design of options for a new tunnel on a different alignment to augment the capacity of the existing Baltimore tunnels.
Prohibits the Secretary of Transportation from making funds available to Amtrak under this section until it has submitted and such Secretary has approved an engineering and financial plan and a project management plan for such projects. Provides for plan review. Directs such Secretary to: (1) consider the extent to which rail carriers other than Amtrak use or plan to use the tunnels; and (2) obtain financial contributions or commitments from such carriers at levels reflecting the extent of such use.
(Sec. 1516) Directs the Secretary to establish a program for conducting security exercises for railroad carriers to assess and improve capabilities of covered entities to prevent, prepare for, mitigate, respond to, and recover from terrorist acts.
(Sec. 1517) Requires the Secretary to issue regulations for a training program to prepare railroad front-line employees for potential security threats. Requires: (1) each railroad carrier to develop a security training program and submit the program for approval; and (2) periodic reviews and updates.
(Sec. 1518) Directs the Secretary, through the Under Secretary for Science and Technology and the TSA Administrator, to carry out a research and development program to improve the security of rail transportation systems, that may include projects to: (1) reduce the vulnerability of passenger trains, stations, and equipment to explosives and hazardous substances; (2) test new emergency response and recovery techniques and technologies; (3) develop improved railroad security technologies; (4) test wayside detectors that can detect tampering; (5) support enhanced security for the transportation of security-sensitive materials by railroad; (6) mitigate damages in the event of a cyber attack; and (7) address other vulnerabilities and risks identified by the Secretary. Directs the Secretary to ensure that such program is coordinated with other research and development initiatives at DHS and DOT.
(Sec. 1519) Directs the Secretary: (1) to assess the likely methods of a deliberate terrorist attack against a railroad tank car used to transport toxic-inhalation-hazard materials and the degree to which ach method may be successful in causing death, injury, or serious adverse effects to human health, the environment, critical infrastructure, national security, the national economy, or public welfare; and (2) through the National Infrastructure Simulation and Analysis Center, to conduct an air dispersion modeling analysis of release scenarios of toxic-inhalation-hazard materials resulting from a terrorist attack on a loaded railroad tank car carrying such materials in urban and rural environments.
(Sec. 1520) Directs the Secretary to complete a name-based security background check against the consolidated terrorist watchlist and an immigration status check for all railroad front-line employees.
(Sec. 1521) Sets forth certain whistleblower protections for rail employees providing information about perceived security threats. Establishes guidelines regarding disputes and the process of reporting to the Secretary regarding security problems, deficiencies, or vulnerabilities. Limits disclosure of the identity of such an employee. Prohibits retaliatory discharges or otherwise discriminating against an employee for reporting.
(Sec. 1522) Requires that any guidance issued by the Secretary to a railroad carrier, contractor, or subcontractor relating to performing a security background check of a covered individual contain recommendations on the appropriate scope and application of such check. Requires the Secretary, upon issuing a rule requiring such a check, to prohibit the carrier, contractor, or subcontractor from making an adverse employment decision until specified conditions are met.
(Sec. 1523) Requires the Secretary to submit to specified committees a report on: (1) the current system for screening passengers and baggage on passenger rail service between the United States and Canada; (2) progress by DHS towards finalizing a bilateral protocol with Canada that would provide for preclearance of passengers of trains; and (3) the feasibility of reinstating in-transit inspections onboard international Amtrak trains.
(Sec. 1524) Directs the Secretary to develop a system to detect both undeclared passengers and contraband, with a primary focus on the detection of nuclear and radiological materials entering the United States by railroad.
(Sec. 1525) Directs the Comptroller General to undertake an assessment of the placement of high-voltage, direct-current, electric transmission lines along active railroad and other transportation rights-of-way.
(Sec. 1526) Allows a rail police officer to be temporarily assigned to assist a second rail carrier under specified circumstances. Requires the Secretary of Transportation to develop model state legislation to address the problem of entities that claim to be rail carriers in order to establish and run a police force when such entities do not in fact provide rail transportation.
(Sec. 1527) Provides that any lease or contract entered into between Amtrak and the state of Maryland shall be governed by the laws of the District of Columbia.
(Sec. 1528) Sets forth provisions regarding railroad preemption. Provides that laws, regulations, and orders related to railroad safety and those related to railroad security shall be nationally uniform to the extent practicable.
Subtitle C: Over-the-Road Bus and Trucking Security
- (Sec. 1531) Directs the Secretary to issue regulations that: (1) require each over-the-road bus operator assigned to a high-risk tier to conduct a vulnerability assessment and to prepare, submit for approval, and implement a security plan; and (2) establish standards and guidelines for developing and implementing the vulnerability assessments and security plans for carriers assigned to high-risk tiers.
Permits the Secretary to establish a security program for over-the-road bus operators not assigned to a high-risk tier.
Directs the Secretary to provide technical assistance and guidance to over-the-road bus operators in conducting vulnerability assessments and require that each such assessment of an operator assigned to a high-risk tier include: (1) identification and evaluation of critical assets and infrastructure and their vulnerabilities; and (2) identification of weaknesses in specified areas, such as security, communications, and employee training.
Directs the Secretary to provide: (1) threat information to appropriate employees of an over-the-road bus operator in a timely manner when preparing and submitting a vulnerability assessment and security plan, including the most likely methods that could be used by terrorists to exploit weaknesses in security; and (2) technical assistance in preparing and implementing security plans.
Directs the Secretary to require that the security coordinator be a U.S. citizen (subject to waiver).
Sets forth provisions regarding interim security measures, tier assignment, existing procedures, protocols, and standards, periodic evaluation by over-the-road bus providers, shared facilities, and nondisclosure of information.
(Sec. 1532) Directs the Secretary to establish a program for making grants to eligible private operators providing transportation by an over-the-road bus for security improvements. Lists authorized uses of grant funds, including constructing and modifying facilities, installing video surveillance equipment, implementing passenger screening programs for weapons and explosives, and conducting public awareness campaigns. Requires the Secretary to prioritize grant funding based on security risks to bus passengers.
(Sec. 1533) Requires the Secretary to establish a program for conducting security exercises for over-the-road bus transportation to assess and improve capabilities of specified entities to prevent, prepare for, mitigate, respond to, and recover from terrorist acts. Requires the Secretary to ensure that the program consolidates existing security exercises, consists of live exercises in the case of the facilities most at-risk to a terrorist attack, and provides for evaluation and assessment to identify best practices.
(Sec. 1534) Directs the Secretary to issue regulations for an over-the-road bus training program to prepare front-line employees for potential security threats. Requires each over-the-road bus operator to develop a security training program and submit it to the Secretary for approval. Requires specified training and updates of regulations.
(Sec. 1535) Requires the Secretary, through the Under Secretary for Science and Technology and the TSA Administrator, to carry out a research and development program to improve the security of over-the-road buses.
(Sec. 1536) Modifies whistleblower protections applicable to motor carriers to increase employee protections related to security. Provides employees with additional administrative and civil remedies. Makes available punitive damages in an amount not to exceed $250,000. Requires the Secretary to establish a process by which any person may report motor carrier vehicle security problems, deficiencies, or vulnerabilities.
(Sec. 1537) Establishes a deadline of October 1, 2007, for the Federal Motor Carrier Safety Administration to issue final regulations to establish the Unified Carrier Registration System and set fees for calendar year 2007 and subsequent years. Extends certain provisions affecting motor carriers until January 1, 2008, or the effective date of such regulations. Amends the Safe, Accountable, Flexible Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to repeal registration provisions on January 1, 2008.
(Sec. 1538) Directs the Secretary to report to the appropriate congressional committees with a comprehensive assessment of the risk of a terrorist attack on the nation's school bus transportation system.
(Sec. 1539) Includes intercity bus transportation within the definition of "mass transportation" for purposes of federal criminal code provisions regarding terrorist attacks and other violence against mass transportation.
(Sec. 1540) Directs the Secretary to report on security issues related to the trucking industry.
(Sec. 1541) Directs the Secretary of Transportation and the Secretary to execute an annex to the Memorandum of Understanding between DOT and DHS signed September 28, 2004, governing the specific roles, responsibilities, resources, and commitments of each in addressing motor carrier transportation security matters, including over-the-road bus security matters.
(Sec. 1542) Directs the DHS Inspector General to report on the federal trucking industry security grant program for FY2004-FY2005.
Subtitle D: Hazardous Material and Pipeline Security
- (Sec. 1551) Directs the Secretary of Transportation to publish a final rule with respect to the railroad routing of security-sensitive materials that requires: (1) each carrier transporting such materials to compile security-sensitive materials commodity data; (2) a written analysis by each such carrier of the safety and security risks for the transportation routes identified (including for facilities and high-consequence targets in proximity to such routes); (3) an analysis of alternative routes; (4) annual review and selection of the practicable route posing the least overall risk; and (5) an analysis at least once every three years of route selection determinations.
(Sec. 1552) Directs the Secretary to develop a program that will encourage the equipping of railroad cars transporting security-sensitive materials with technology that provides: (1) car position location and tracking capabilities; and (2) notification of railroad car depressurization, breach, unsafe temperature, or release of hazardous materials.
(Sec. 1553) Directs the Secretary to: (1) document existing and proposed routes for the transportation of hazardous materials by motor carrier; (2) assess and characterize such routes to identify measurable criteria for selecting routes based on safety and security concerns; (3) prepare guidance materials for state officials to assist them in identifying and reducing safety concerns and security risks when designating routes for hazardous materials; and (4) complete an assessment of the safety and national security benefits achieved under existing requirements for route plans for explosives and radioactive materials.
(Sec. 1554) Directs the Secretary, through the TSA Administrator, to develop a program to facilitate the tracking of motor carrier shipments of security-sensitive materials and to equip vehicles used in such shipments with technology that provides frequent or continuous communications, vehicle position location and tracking capabilities, and a feature that allows the driver to broadcast an emergency distress signal. Prohibits the Secretary from mandating the installation or utilization of such technology without additional congressional action.
(Sec. 1555) Directs the Secretary of Transportation to consult with the Secretary to limit duplicative reviews of the hazardous materials security plans. Requires the Secretary of Transportation, in conjunction with the Secretary, to study to what extent the insurance, security, and safety costs borne by specified carriers associated with the transportation of hazardous materials are reflected in the rates paid by offerors of such commodities as compared to the costs and rates for the transportation of nonhazardous materials.
(Sec. 1556) Prohibits a state from issuing a license to operate a motor vehicle transporting in commerce a hazardous material unless the Secretary (currently, the Secretary of Transportation) has first determined that the individual does not pose a security risk warranting denial of the license. Provides that an individual who has a valid transportation employee identification card shall be deemed to have met a background records check requirement.
(Sec. 1557) Requires the Secretary to establish a program for reviewing pipeline operator adoption of recommendations in the September 5, 2002, DOT Research and Special Programs Administration Pipeline Security Information Circular, including the review of pipeline security plans and critical facility inspections. Directs the Secretary and the Secretary of Transportation to: (1) implement a plan for reviewing the pipeline security plan and an inspection of the critical facilities of the 100 most critical pipeline operators covered by that circular, where such facilities have not been inspected since that date by either DHS or DOT; and (2) transmit to pipeline operators security recommendations for natural gas and hazardous liquid pipelines and pipeline facilities.
(Sec. 1558) Directs the Secretary to develop a Pipeline Security and Incident Recovery Protocols Plan. Requires the Plan to be developed in accordance with the National Strategy for Transportation Security and Homeland Security Presidential Directive 7 and to include: (1) increased government security support to the most critical interstate and intrastate natural gas and hazardous liquid transmission pipeline infrastructure and operations when under severe security threat levels of alert or when under specific security threat information relating to such pipeline infrastructure or operations exists; and (2) an incident recovery protocol plan that includes protocols for restoring essential services supporting pipelines.
Title XVI: Aviation
- (Sec. 1601) Establishes in DHS the Checkpoint Screening Security Fund. Directs the Secretary to impose a uniform fee on air passengers for deposit into the Fund, from which amounts shall be available for the purchase, deployment, installation, research, and development of equipment to improve the ability of security personnel at screening checkpoints to detect explosives.
(Sec. 1602) Requires the Secretary to: (1) establish a system to screen 100% of cargo transported on passenger aircraft, phased in over a three-year period; and (2) submit to Congress and the Comptroller General a report regarding an assessment of each exemption granted and an analysis to assess the risk of maintaining such exemption. Directs the Comptroller General to 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. 1603) Extends funding for aviation security improvements. Requires the Secretary to submit to Congress a cost sharing study among the federal government, state and local governments, and the private sector for projects to install in-line baggage screening equipment, together with the Secretary's analysis of the study, a list of study provisions the Secretary intends to implement, and a plan and schedule for implementation.
(Sec. 1604) Requires (current law authorizes) the Under Secretary for Border and Transportation Security of DHS to make grants to airport sponsors for specified airport security improvement projects, with priority to small hub and nonhub airports. Directs the TSA Administrator to: (1) establish a prioritization schedule for such projects based on risk and other relevant factors which shall include airports that have incurred eligible costs associated with development of partial or completed in-line baggage systems; and (2) provide a copy of the schedule, a corresponding timeline, and a description of the funding allocation to specified committees.
(Sec. 1605) Directs the Secretary to submit to Congress a plan that: (1) describes the system to be used by DHS to compare passenger information to the automatic selectee and no fly lists utilizing the consolidated and integrated terrorist watchlist; (2) provides a projected timeline for testing and implementing the system; (3) explains how the system will be integrated with the prescreening system for passengers on international flights; and (4) describes how the system complies with the Privacy Act of 1974. Requires the Comptroller General to report on progress made by TSA in implementing the Secure Flight passenger prescreening program.
(Sec. 1606) Directs the Secretary to establish: (1) 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; and (2) an Office of Appeals and Redress to oversee the process. Provides for recordkeeping and information sharing to allow the TSA or other agencies to assist air carriers in improving their administration of the advanced passenger prescreening system and reducing the number of false positives. Requires: (1) the Secretary, in conjunction with the DHS Chief Privacy Officer, to take specified actions regarding the handling of personally identifiable information; and (2) the Office to establish at each airport at which DHS has a significant presence a process to allow air carrier passengers to begin the appeals process.
(Sec. 1607) Directs the Secretary to: (1) issue the strategic plan that the Secretary was required to have issued within 90 days after the enactment of IRTPA to promote the optimal utilization and deployment of explosive detection equipment at airports to screen individuals and their personal property; and (2) begin full implementation of the strategic plan within one year.
(Sec. 1608) Amends the Aviation and Transportation Security Act to extend funding for research and development of aviation security technology.
(Sec. 1609) Requires the TSA Administrator, before January 1, 2008: (1) to evaluate the results of the blast-resistant cargo container pilot program; and (2) to develop and implement a program to acquire, maintain, and replace blast-resistant cargo containers, pay for the program, and make such containers available to air carriers by July 1, 2008, for use on a risk managed basis.
(Sec. 1610) Directs the Secretary to: (1) expedite research and development for technology that can disrupt or prevent an explosive device from being introduced onto a passenger plane or from damaging a passenger plane while in flight or on the ground; and (2) establish a grant program to fund pilot projects to deploy such technology and test technology to expedite the recovery, development, and analysis of information to determine the cause of aircraft accidents.
(Sec. 1611) Directs the Administrator to provide advanced training to transportation security officers for the development of specialized security skills, including behavior observation and analysis, explosives detection, and document examination.
(Sec. 1612) Provides that any statutory limitation on the number of employees in TSA, before or after its transfer to DHS from DOT, does not apply after FY2007. Directs the Secretary to recruit and hire such TSA personnel as necessary to provide appropriate levels of aviation security and to reduce the average aviation security-related delay experienced by airline passengers to less than 10 minutes.
(Sec. 1613) Directs the Administrator to conduct a pilot program to identify technologies to improve security at airport exit lanes.
(Sec. 1614) Directs the Administrator to: (1) report to specified committees on the status of its efforts to institute a sterile area access system that will enhance security by properly identifying authorized airline flight deck and cabin crew members at screening checkpoints and granting them expedited access; and (2) begin full implementation of the system no later than one year after transmitting the report.
(Sec. 1615) Modifies provisions regarding the use of biometric technology for law enforcement travel to direct the Secretary to establish a national registered armed law enforcement program for law enforcement officers needing to be armed when traveling by air.
(Sec. 1616) Prohibits the Administrator of the Federal Aviation Administration (FAA) from certifying any foreign repair station if specified conditions are not met. Reduces the period in which a security review and audit of such stations must be accomplished.
(Sec. 1617) Directs the TSA Administrator to: (1) develop a standardized threat and vulnerability assessment program for general aviation airports; (2) implement a program to perform such assessments on a risk-assessment basis; (3) complete a study of the feasibility of a program, based on a risk-managed approach, to provide grants to general aviation airport operators for projects to upgrade security; and (4) develop a risk-based system under which foreign-registered general aviation aircraft are required to submit passenger information at the same time as advance notification requirements for CBP before entering U.S. airspace and under which such information is checked against appropriate databases maintained by TSA.
(Sec. 1618) Extends aviation security funding through FY2011.
Title XVII: Maritime Cargo
- (Sec. 1701) Modifies the SAFE Ports Act to prohibit a container that was loaded on a vessel in a foreign port to enter the United States unless the container was scanned by nonintrusive imaging and radiation detection equipment at a foreign port before it was loaded. Makes this provision applicable to containers loaded in a foreign country on or after the earlier of July 1, 2012, or such other date as may be established by the Secretary pursuant to the lessons learned through the pilot integrated scanning systems established under this Act.
Permits the Secretary to extend the date for two years, and renew the extension in additional two-year increments, if specified conditions exist. Exempts military cargo from the requirements of this section. Requires reports on extensions and renewals of extensions.
Directs the Secretary to: (1) establish technological and operational standards for systems to scan containers; (2) ensure that the standards are consistent with the global nuclear detection architecture developed under HSA; and (3) coordinate with other federal agencies that administer scanning or detection programs at foreign ports.
Directs the Secretary to issue an interim rule to establish minimum standards and procedures by April 1, 2008. Provides that if the Secretary fails to meet that deadline, effective October 15, 2008, all containers in transit to the United States must meet the requirements of International Organization for Standardization Publicly Available Specification 17712 standard for sealing containers.
Title XVIII: Preventing Weapons of Mass Destruction Proliferation and Terrorism
- (Sec. 1801) Makes findings regarding strengthening counter-proliferation efforts, expanding the Proliferation Security Initiative, and supporting the Cooperative Threat Reduction program.
Subtitle A: Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism
- (Sec. 1811) Repeals limitations on assistance for prevention of weapons of mass destruction (WMD) proliferation and terrorism under the Soviet Nuclear Threat Reduction Act of 1991, the Cooperative Threat Reduction Act of 1993, and the National Defense Authorization Act for Fiscal Year 2000 (regarding Russian chemical weapons destruction facilities).
Modifies the National Defense Authorization Act for Fiscal Year 2004 regarding authority to use Cooperative Threat Reduction funds outside the former Soviet Union. Authorizes the Secretary of Defense (currently, the President) to obligate and expend such funds. Substitutes the Secretary for the President in other actions required, allowed, or prohibited. Requires congressional notification 15 days (currently, 10 days) after obligation of funds, except in the case of a situation that threatens human life or safety or where a delay would severely undermine national security. Makes similar changes to provisions of that Act regarding authority to use international nuclear materials protection and cooperation program funds outside the former Soviet Union.
Subtitle B: Proliferation Security Initiative
- (Sec. 1821) Expresses the sense of Congress that the President should strive to expand and strengthen the Proliferation Security Initiative (PSI) announced on May 31, 2003. Directs: (1) the President to include in the budget request for each participating agency for each fiscal year in which activities are to be carried out under the PSI a description of the funding and the activities for which the funding is requested; (2) the Secretaries of Defense and State to submit to Congress a comprehensive joint report setting forth a three-year plan that specifies the amount of funding and other resources to be provided by the United States for PSI-related activities and a description of such activities during a specified time frame; (3) the President to transmit an implementation report to specified committees; and (4) GAO to submit to Congress a report for FY2007, FY2009, and FY2011 with its assessment of the progress and effectiveness of the PSI.
(Sec. 1822) Authorizes the President to provide specified assistance under the Arms Export Control Act and the Foreign Assistance Act of 1961 to any country that cooperates with the United States and its allies to prevent the transport and transshipment of items of proliferation concern, subject to restrictions involving congressional notification, a three fiscal year limit, and uses of assistance.
Subtitle C: Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism
- (Sec. 1831) Declares that it is U.S. policy to eliminate obstacles to the timely obligation and execution of the full amount of appropriated funds for threat reduction and nonproliferation programs with concrete measures to accelerate and strengthen progress on preventing WMD proliferation and terrorism.
(Sec. 1832) Authorizes appropriations to: (1) the Department of Defense (DOD) Cooperative Threat Reduction Program for specified purposes, including chemical weapons destruction in Russia; and (2) the Department of Energy (DOE) National Nuclear Security Administration for programs to prevent WMD proliferation and terrorism, to accelerate, expand, and strengthen the Global Threat Reduction Initiative, the Nonproliferation and International Security Program, the International Materials Protection, Control and Accounting Program, and the Research and Development Program.
Subtitle D: Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
- (Sec. 1841) Establishes within the Executive Office of the President the Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. Requires the Coordinator to: (1) serve as the advisor to the President on all matters relating to the prevention of WMD proliferation and terrorism; (2) formulate a U.S. strategy for preventing WMD proliferation and terrorism; (3) lead interagency coordination of U.S. efforts to implement the strategy and policies; (4) conduct oversight and evaluation of accelerated and strengthened implementation of initiatives and programs to prevent WMD proliferation and terrorism by government agencies; (5) oversee the development of a comprehensive and coordinated budget for programs and initiatives to prevent WMD proliferation and terrorism; and (6) report annually on strategy and policies.
(Sec. 1842) Expresses the sense of Congress that the President should engage the President of the Russian Federation in a discussion on the goals of establishing such Office and the importance of strong cooperation between the Coordinator and a senior official of the Russian Federation to coordinate planning and implementation of activities to prevent WMD proliferation and terrorism.
Subtitle E: Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
- (Sec. 1851) Establishes the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism to assess and provide a clear and comprehensive strategy and concrete recommendations for prevention activities, initiatives, and programs.
Directs the Commission to: (1) give particular attention to activities, initiatives, and programs to secure all nuclear weapons-usable material around the world; (2) significantly accelerate, expand, and strengthen U.S. 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; (3) address the roles, mission, and structure of all relevant government agencies and other actors, interagency coordination, U.S. commitments to international regimes and cooperation with other countries, and the threat of WMD proliferation and terrorism to the United States and its interests and allies; (4) reassess, update, and expand on the conclusions and recommendations of the Baker-Cutler Report; and (5) submit a final report on corrective measures to the President and Congress.
Title XIX: International Cooperation on Antiterrorism Technologies
- (Sec. 1901) Amends HSA to direct the Under Secretary for Science and Technology to establish the Science and Technology Homeland Security International Cooperative Programs Office. Requires the Office's Director to: (1) be responsible for developing understandings and agreements and strategic priorities for international cooperative activity in support of homeland security; (2) facilitate the matching of U.S. and foreign entities engaged in homeland security research so that they may partner in research activities; and (3) ensure that the activities are coordinated with those of other relevant research agencies.
Requires the Director to ensure that funding and resources expended in international cooperative activity will be equitably matched by the foreign partner government or other entity through direct funding, the funding of complementary activities, or the provision of staff, facilities, material, or equipment. Authorizes the Director to require a grant recipient to match up to 50% of the cost of the proposed project. Provides that such foreign partners may include Israel, the United Kingdom, Canada, Australia, Singapore, and other allies in the global war on terrorism.
Provides for funding for activities under this section to be paid from discretionary funds appropriated to DHS and reimbursements from foreign partners to be credited to appropriate accounts of the Directorate of Science and Technology.
Authorizes the Director to make or accept loans of equipment for research and development and comparative testing purposes.
Requires the Under Secretary, through the Director, to report to Congress on international cooperative activities. Authorizes the Under Secretary, in coordination with the Chief Medical Officer, the State Department, and appropriate officials of the Departments of Agriculture, Defense, and Health and Human Services, to enter into cooperative activities with foreign countries to strengthen American preparedness against foreign animal and zoonotic diseases overseas that could harm U.S. agricultural and public health sectors.
(Sec. 1902) Requires the Director of the Office of Management and Budget (OMB) to ensure full and timely compliance with the requirements of the Federal Funding Accountability and Transparency Act of 2006.
Title XX: 9/11 Commission International Implementation
- 9/11 Commission International Implementation Act of 2007 -
Subtitle A: Quality Educational Opportunities in Predominantly Muslim Countries
- (Sec. 2011) Declares that it is U.S. policy to: (1) work and provide incentives to increase the availability of modern basic education through public schools in predominantly Muslim countries; (2) join other countries in supporting the International Arab and Muslim Youth Opportunity Fund; and (3) work to prevent financing of educational institutions that support radical Islamic fundamentalism.
(Sec. 2012) Amends IRTPA to authorize the President to establish an International Arab and Muslim Youth Opportunity Fund in the Treasury or through an international organization or financial institution to support programs to improve the educational environment in predominantly Muslim countries. Includes among such programs the provision of assistance: (1) to enhance modern educational programs; (2) for training and exchange programs for teachers, administrators, and students; (3) targeting primary and secondary students; and (4) for development of youth professionals. Authorizes appropriations. Requires the President to report to appropriate committees on U.S. efforts to assist in the improvement of educational opportunities for predominantly Muslim children and youths, including progress made toward establishing the Fund.
(Sec. 2013) Requires the Secretary of State to report annually on efforts of predominantly Muslim countries to increase the availability of modern basic education and to close educational institutions that promote religious extremism and terrorism.
(Sec. 2014) Makes permanent the pilot program under IRTPA to provide grants to American-sponsored schools in predominantly Muslim countries.
Subtitle B: Democracy and Development in
the Broader Middle East Region
- (Sec. 2021) Authorizes the Secretary of State to: (1) designate a private, nonprofit organization as the Middle East Foundation; (2) provide funding to it through the Department of State's Middle East Partnership Initiative; and (3) require it to use such funds for grants to persons or nongovernmental entities located or working in the Middle East to carry out projects that support such objectives. Sets forth provisions regarding grant applications, the private character of the Foundation, financial accountability, and annual reports.
Subtitle C: Reaffirming United States Moral Leadership
- (Sec. 2031) Expresses the sense of Congress that: (1) the United States needs to improve its communication of information and ideas to people in foreign countries, particularly those with significant Muslim populations; and (2) public diplomacy should reaffirm the U.S. commitment to democratic principles.
Amends the United States International Broadcasting Act of 1994 to grant the President special surge capacity for international broadcasting to support U.S. foreign policy objectives during a crisis abroad. Authorizes appropriations to a United States International Broadcasting Surge Capacity Fund. Requires the Broadcasting Board of Governors' annual report to the President and Congress to describe activities carried out under this section. Authorizes appropriations for U.S. international broadcasting activities.
(Sec. 2032) Directs the Broadcasting Board of Governors to initiate a pilot project to transcribe into English news and information programming broadcast by Radio Farda, Radio Sawa, the Persian Service of the Voice of America, and Alhurra. Requires: (1) the transcription to consist of a random sampling of such programming; and (2) the transcripts to be available to Congress and the public on the Board's Internet site. Requires the Chairman of the Board to report on the feasibility and utility of continuing the pilot project. Authorizes appropriations.
(Sec. 2033) Directs the Secretary of State to s report on the recommendations of the National Commission on Terrorist Attacks Upon the United States and policy goals described in IRTPA for expanding U.S. scholarship, exchange, and library programs in predominantly Muslim countries, including certification requirements that recommendations have been implemented and goals achieved.
(Sec. 2034) Directs the Secretary of State to submit to the relevant committees a report on any progress toward implementing the recommendations of the 9/11 Commission for engaging U.S. allies to develop a common coalition approach toward the detention and humane treatment of individuals detained during Operation Iraqi Freedom, Operation Enduring Freedom, or in connection with U.S. counterterrorist operations.
Subtitle D: Strategy for the United States Relationship with Afghanistan, Pakistan, and Saudi Arabia
- (Sec. 2041) Declares that it is U.S. policy that: (1) the United States shall vigorously support the Afghan government; and (2) the President shall engage with that government and NATO partners to assess the success of the Afghan counternarcotics strategy and explore all additional options.
Urges the reauthorization and updating of the Afghanistan Freedom Support Act of 2002.
Directs the President to increase efforts to: (1) dramatically improve the capability and effectiveness of U.S. and international trainers, mentors, and police personnel for police training programs in Afghanistan, as well as develop a pretraining screening program; (2) increase the number of such trainers, mentors, and personnel only if such increase is determined to improve the performance and capabilities of the Afghanistan civil security forces; and (3) assist the Afghan government, in conjunction with the Afghan civil security forces and their leadership, in addressing the corruption crisis.
(Sec. 2042) Declares that it is U.S. policy to: (1) maintain and deepen its friendship and long-term strategic relationship with Pakistan; (2) work with the Pakistani government to combat international terrorism and to end the use of Pakistan as a safe haven for terrorist groups; (3) support funding for programs of the Agency for International Development (AID) and the State Department that assist that government as Pakistan demonstrates a commitment to building a moderate, democratic state; (4) work with the international community to secure financial and political support to implement policies set forth in this section; (5) facilitate a just resolution of the dispute between the Pakistani and Indian governments over Kashmir; (6) facilitate communication and cooperation between the Afghan and Pakistani governments to improve bilateral relations and cooperation in combating terrorism; and (7) work with the Pakistani government to dismantle existing proliferation networks and prevent the proliferation of nuclear technology.
Directs the President to report to the appropriate committees on long-term U.S. strategy relating to Pakistan. Prohibits specified military assistance under the Arms Export Control Act and the Foreign Assistance Act of 1961 to Pakistan until 15 days after the President certifies that the Pakistani government is: (1) committed to eliminating from Pakistani territory any organization engaged in military, insurgent, or terrorist activities in Afghanistan; (2) undertaking a comprehensive campaign to achieving that goal; and (3) making significant progress toward eliminating support or safe haven for terrorists.
Expresses the sense of Congress that the U.S. national security interest will best be served if the United States implements a long-term strategy to improve the U.S. relationship with Pakistan and works with its government to stop nuclear proliferation. Authorizes appropriations for security assistance for Pakistan for FY2008. Extends presidential authority to waive foreign assistance restrictions regarding Pakistan for FY2007-FY2008. Expresses the sense of Congress that determinations to provide such extensions beyond that period should be informed by demonstrable progress in preventing terrorist organizations from operating in Pakistani territory, preventing the Taliban from using such territory as a sanctuary from which to launch attacks within Afghanistan, and implementing democratic reforms. Directs the Secretary of State to submit to the appropriate congressional committees a biannual report describing the extent to which the Pakistani government has displayed such progress.
(Sec. 2043) Declares that it is U.S. policy to: (1) engage with the Saudi government to openly confront the issue of terrorism and other problematic issues, such as the lack of political freedoms; (2) enhance counterterrorism cooperation with that government; and (3) support efforts of that government to make political, economic, and social reforms. Directs the President to report to the appropriate committees on: (1) the long-term U.S. strategy to engage with that government to facilitate such reforms and to work with that government to combat terrorism; and (2) progress made by Saudi Arabia since 2001 on matters including becoming a party to the International Convention for the Suppression of the Financing of Terrorism and activities and authority of the Saudi Nongovernmental National Commission for Relief and Charity Work Abroad.
Title XXI: Advancing Democratic Values
- Advance Democratic Values, Address Non-democratic Countries, and Enhance Democracy Act of 2007 or the ADVANCE Democracy Act of 2007 -
Subtitle A: Activities to Enhance the Promotion of Democracy
- (Sec. 2111) Directs the Secretary of State to establish Democracy Liaison Officer positions.
Provides that there shall be identified within the Bureau of Democracy, Human Rights, and Labor at least one office responsible for working with democratic movements and facilitating the transition to full democracy of nondemocratic countries and democratic transition countries. Requires the Assistant Secretary of State for Democracy, Human Rights, and Labor to identify officers or employees to be responsible for working with nongovernmental organizations, individuals, and movements that develop relations with, consult with, and provide assistance to organizations, individuals, and movements in foreign countries that are committed to the peaceful promotion of democracy and fundamental rights and freedoms.
Requires each chief of mission in each nondemocratic country or democratic transition country to develop, as part of annual program planning, a strategy to promote democratic principles, practices, and values. Directs the Secretary of State to seek to increase the proportion of members of the Foreign Service who serve in the Bureau of Democracy, Human Rights, and Labor.
(Sec. 2112) Directs the Secretary of State to establish a Democracy Fellowship Program.
(Sec. 2113) Directs the President: (1) with the assistance of that Secretary, the Under Secretary of State for Democracy and Global Affairs, and the Ambassador-at-Large for War Crimes Issues, to collect information regarding incidents that may constitute crimes against humanity, genocide, slavery, or other violations of international humanitarian law; and (2) to consider actions to ensure that any government or officials responsible for crimes against humanity, genocide, slavery, or other violations of intentional humanitarian law are brought to account for such crimes in an appropriately constituted tribunal.
Subtitle B: Strategies and Reports on Human Rights and the Promotion of Democracy
- (Sec. 2121) Amends the Foreign Relations Authorization Act, Fiscal Year 2003 to name a specified report the Advancing Freedom and Democracy Report and to require that it be submitted not later than 90 days after the date of submission of a human rights report required under the Foreign Assistance Act of 1961.
(Sec. 2122) Directs the Secretary of State: (1) to continue to expand the timely translation into the principal languages of as many countries as possible of the Country Reports on Human Rights Practices, the Annual Report on International Religious Freedom, the Trafficking in Persons Report, and any separate report on democracy and human rights policy submitted in accordance with the Foreign Relations Authorization Act, FY2003; and (2) by April 1, 2008, and annually thereafter through 2010, to report to the appropriate committees describing any translations of those reports for the preceding year.
Subtitle C: Advisory Committee on Democracy Promotion and the Internet Website of the Department of State
- (Sec. 2131) Commends the Secretary of State for creating an Advisory Committee on Democracy Promotion. Expresses the sense of Congress that the Committee should play a significant role in the Department's transformational diplomacy by advising the Secretary of State regarding U.S. efforts to promote democracy and democratic transition in connection with the formulation and implementation of U.S. foreign policy and foreign assistance.
(Sec. 2132) Expresses the sense of Congress that: (1) the Secretary of State should take additional steps to enhance the State Department's Internet site for global democracy and human rights; and (2) such enhancement should include narratives and histories highlighting successful nonviolent democratic movements.
Subtitle D: Training in Democracy and Human Rights; Incentives
- (Sec. 2141) Directs the Secretary of State to continue to enhance training provided to foreign service officers and civil service employees on how to promote democracy and human rights, continue the use of case studies and practical workshops addressing potential challenges, and work with non-state actors, including nongovernmental organizations that support democratic principles.
(Sec. 2142) Expresses the sense of Congress that the Secretary should further strengthen the Department's capacity to carry out results-based democracy promotion efforts through the establishment of an annual award.
(Sec. 2143) Directs the Secretary to increase incentives for Foreign Service and other State Department employees to take assignments relating to the promotion of democracy and the protection of human rights.
Subtitle E: Cooperation With Democratic Countries
- (Sec. 2151) Expresses the sense of Congress that: (1) the Community of Democracies should develop a more formal mechanism for carrying out work between ministerial meetings and should establish a headquarters; and (2) nondemocratic countries should not participate in any association or group of democratic countries aimed at working together to promote democracy.
Authorizes the Secretary to detail on a nonreimbursable basis any State Department employee to any permanent secretariat of the Community of Democracies or to the government of any country that is a member of the Convening Group of the Community of Democracies. Directs the Secretary to establish an office of multilateral democracy promotion. Expresses support for the International Center for Democratic Transition, an initiative of the Hungarian government.
Subtitle F: Funding for Promotion of Democracy
- (Sec. 2161) Expresses the sense of Congress that the United States should work with other countries to enhance the goals and work of the United Nations Democracy Fund.
(Sec. 2162) States that the purpose of the Human Rights and Democracy Fund should be to support innovative programming, media, and materials designed to uphold democratic principles, to support and strengthen democratic institutions, to promote human rights and the rule of law, and to build civil societies in countries around the world.
Urges the Secretary and the Administrator of AID to develop guidelines to guide U.S. missions in foreign countries in coordinating U.S. democracy assistance and selecting the appropriate combination of such mechanisms for assistance.
Title XXII: Interoperable Emergency Communications
- (Sec. 2201) Amends the Digital Television Transition and Public Safety Act of 2005 to authorize using grant program funds to: (1) improve or advance the interoperability of public safety communications systems that utilize other public safety spectrum bands; and (2) establish and implement a strategic technology reserve to preposition or secure interoperable communications in advance for immediate deployment in an emergency or major disaster. Requires the awarding of at least $1 billion by September 30, 2007, pursuant to provisions of the Call Home Act of 2006.
Requires the Assistant Secretary for Communications and Information of the Department of Commerce to: (1) consider the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence, in evaluating permitted uses; and (2) ensure that a substantial part of the reserve involves prenegotiated contracts and other arrangements for rapid deployment of equipment, supplies, and systems, rather than the warehousing or storage of equipment and supplies available at the time the reserve is established.
Sets forth eligibility requirements and criteria for grants, including strategic technology reserve grants. Provides for the allocation of funds. Directs the Assistant Secretary to identify and encourage the development and implementation of voluntary consensus standards for interoperable communications systems.
Directs the Federal Communications Commission (FCC) to evaluate: (1) the technical feasibility of creating a back-up emergency communications system that complements existing communications resources and takes into account next generation and advanced telecommunications technologies; and (2) all reasonable options, including alternative transport mechanisms that can be used in tandem with existing technologies.
Requires the Assistant Secretary and the FCC Chairman to establish a joint advisory committee to examine the communications capabilities and needs of emergency medical care facilities.
Authorizes the Assistant Secretary to establish not more than 10 geographically dispersed project grants to emergency medical care facilities to improve the capabilities of emergency communications systems in such facilities.
(Sec. 2202) Amends the Post-Katrina Emergency Management Reform Act of 2006 to prohibit construing such Act as limiting the authority of the Department of Commerce or the FCC.
(Sec. 2203) Directs the FCC, in conjunction with DHS's Office of Emergency Communications, OMB, and the Department of State, to report to specified committees on: (1) the status of the mechanism established by the President under IRTPA for coordinating cross border interoperability issues between the United States and Canada and between the United States and Mexico; (2) the status of treaty negotiations with Canada and Mexico regarding the coordination of the rebanding of 800 megahertz radios; (3) communications between the FCC and the State Department over possible amendments to the bilateral legal agreements and protocols that govern the coordination process for license applications seeking to use channels and frequencies above Line A; (4) the annual rejection rate for the last five years by the United States of applications for new channels and frequencies by Canadian private and public entities; and (5) any additional procedures and mechanisms that the FCC can take to decrease the rejection rate for applications by U.S. entities seeking licenses to use channels and frequencies above Line A.
Directs: (1) the FCC to continually provide updated reports on the status of treaty negotiations with each of Canada and Mexico until revised; and (2) the Secretary of State to report to Congress on the process for considering applications by Canada for frequencies and channels by U.S. communities above line A, the status of negotiations to reform and revise such process, the estimated date of conclusion for such negotiations, whether the process permits automatic denials or dismissals of initial applications by the Canadian government, and certain communications between the State Department and the FCC.
Title 0: Emergency Communications Modernization
- Improving Emergency Communications Act of 2007 - (Sec. 2302) Amends the Digital Television Transition and Public Safety Act of 2005 to authorize the Assistant Secretary for Communications and Information of the Department of Commerce to borrow specified funds from the Treasury, upon enactment of the 911 Modernization Act, to implement provisions to enhance 911. Directs the Assistant Secretary to reimburse the Treasury as funds are deposited into the Digital Television Transition and Public Safety Fund.
(Sec. 2303) Amends the National Telecommunications and Information Administration Organization Act to direct the Assistant Secretary and the Administrator to jointly issue regulations updating the criteria to allow a portion of funds to be used to give priority to grants that are requested by public safety answering points that were not capable of receiving 911 calls as of the date of enactment of the 911 Modernization Act for the incremental cost of upgrading from Phase I to Phase II compliance.
Title XXIV: Miscellaneous Provisions
- (Sec. 2401) Amends HSA to direct the Secretary, in FY2009 and every four years thereafter, to conduct a review of the homeland security of the nation. Requires each quadrennial review to: (1) delineate and update the national homeland security strategy, including the National Strategy for Homeland Security, the National Response Plan, and the Department Security Strategic Plan; (2) outline and prioritize the full range of critical homeland security mission areas; (3) describe the interagency cooperation, preparedness of federal response assets, infrastructure, budget plan, and other elements of the homeland security program and policies associated with the strategy required to execute successfully the full range of missions called for; (4) identify the budget plan required to provide sufficient resources to successfully execute the full range of missions; (5) include an assessment of the organizational alignment of DHS with the strategy and mission areas; and (6) assess the effectiveness of DHS mechanisms for executing the process of turning the requirements developed in the quadrennial review into an acquisition strategy and expenditure plan within DHS.
(Sec. 2402) Expresses the sense of Congress that the Secretary should make a priority of countering domestic radicalization by specified means, including by pursuing broader avenues of dialogue with the American Muslim community.
(Sec. 2403) Requires the Senate Committee on Commerce, Science, and Transportation to receive specified reports that are received by the Senate Committee on Homeland Security and Governmental Affairs.
(Sec. 2404) Directs the Secretary to: (1) establish a project to conduct demonstrations of security management systems that shall use a management system standards approach and that may be integrated into quality, safety, environmental, and other internationally adopted management systems; and (2) enter into agreements with a private sector entity to conduct such demonstrations.
(Sec. 2405) Amends HSA to provide for the Under Secretary for Management to serve as the Chief Management Officer and principal advisor to the Secretary on matters related to DHS management. Includes among the Under Secretary's responsibilities strategic management planning and annual performance planning and the management integration and transformation process. Authorizes the Under Secretary to continue serving in that position until a successor is confirmed. Elevates the Under Secretary's salary to level II of the Executive Schedule.
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Bill titles: To provide for the implementation of the recommendations of the National Commission on Terrorist Attacks Upon the United States.; 9/11 Commission International Implementation Act of 2007; ADVANCE Democracy Act of 2007; Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2007; Federal Agency Data Mining Reporting Act of 2007; Improving Emergency Communications Act of 2007; National Transit Systems Security Act of 2007; Secure Travel and Counterterrorism Partnership Act of 2007; 9/11 Commission International Implementation Act of 2007; ADVANCE Democracy Act of 2007; Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2007; Federal Agency Data Mining Reporting Act of 2007; Improving Emergency Communications Act of 2007; National Transit Systems Security Act of 2007; Secure Travel and Counterterrorism Partnership Act of 2007
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