9/11 Commission Act of 2007

PUBLIC LAW 110–53—AUG. 3, 2007

IMPLEMENTING RECOMMENDATIONS OF THE
9/11 COMMISSION ACT OF 2007

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121 STAT. 266

PUBLIC LAW 110–53—AUG. 3, 2007

Public Law 110–53
110th Congress
An Act
Aug. 3, 2007
[H.R. 1]
Implementing
Recommendations of the 9/11
Commission Act
of 2007.
6 USC 101 note.

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

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Implementing
Recommendations of the 9/11 Commission Act of 2007’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—HOMELAND SECURITY GRANTS
Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act of
2006.
Sec. 104. Technical and conforming amendments.
TITLE II—EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Sec. 201. Emergency management performance grant program.
Sec. 202. Grants for construction of emergency operations centers.
TITLE III—ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST
RESPONDERS
Sec. 301. Interoperable emergency communications grant program.
Sec. 302. Border interoperability demonstration project.
TITLE IV—STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM
Sec. 401. Definitions.
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen
incident command; private sector preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure workers.
Sec. 410. Authorization of appropriations.
TITLE V—IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL
GOVERNMENTS
Sec.
Sec.
Sec.
Sec.

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Subtitle A—Homeland Security Information Sharing Enhancement
501. Homeland Security Advisory System and information sharing.
502. Intelligence Component Defined.
503. Role of intelligence components, training, and information sharing.
504. Information sharing.

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PUBLIC LAW 110–53—AUG. 3, 2007

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Subtitle B—Homeland Security Information Sharing Partnerships
Sec. 511. Department of Homeland Security State, Local, and Regional Fusion Center Initiative.
Sec. 512. Homeland Security Information Sharing Fellows Program.
Sec. 513. Rural Policing Institute.
Subtitle C—Interagency Threat Assessment and Coordination Group
Sec. 521. Interagency Threat Assessment and Coordination Group.
Subtitle D—Homeland Security Intelligence Offices Reorganization
Sec. 531. Office of Intelligence and Analysis and Office of Infrastructure Protection.
Subtitle E—Authorization of Appropriations
Sec. 541. Authorization of appropriations.
TITLE VI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
Sec. 601. Availability to public of certain intelligence funding information.
Sec. 602. Public Interest Declassification Board.
Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission recommendations with respect to intelligence reform and congressional intelligence oversight reform.
Sec. 604. Availability of funds for the Public Interest Declassification Board.
Sec. 605. Availability of the Executive Summary of the Report on Central Intelligence Agency Accountability Regarding the Terrorist Attacks of September 11, 2001.
TITLE VII—STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A—Terrorist Travel
Sec. 701. Report on international collaboration to increase border security, enhance
global document security, and exchange terrorist information.
Subtitle B—Visa Waiver
Sec. 711. Modernization of the visa waiver program.
Subtitle C—Strengthening Terrorism Prevention Programs
Sec. 721. Strengthening the capabilities of the Human Smuggling and Trafficking
Center.
Sec. 722. Enhancements to the terrorist travel program.
Sec. 723. Enhanced driver’s license.
Sec. 724. Western Hemisphere Travel Initiative.
Sec. 725. Model ports-of-entry.
Subtitle D—Miscellaneous Provisions
Sec. 731. Report regarding border security.
TITLE VIII—PRIVACY AND CIVIL LIBERTIES
Sec. 801. Modification of authorities relating to Privacy and Civil Liberties Oversight Board.
Sec. 802. Department Privacy Officer.
Sec. 803. Privacy and civil liberties officers.
Sec. 804. Federal Agency Data Mining Reporting Act of 2007.
TITLE IX—PRIVATE SECTOR PREPAREDNESS
Sec. 901. Private sector preparedness.
Sec. 902. Responsibilities of the private sector Office of the Department.
TITLE X—IMPROVING CRITICAL INFRASTRUCTURE SECURITY
Sec. 1001. National Asset Database.
Sec. 1002. Risk assessments and report.
Sec. 1003. Sense of Congress regarding the inclusion of levees in the National Infrastructure Protection Plan.
TITLE XI—ENHANCED DEFENSES AGAINST WEAPONS OF MASS
DESTRUCTION
Sec. 1101. National Biosurveillance Integration Center.
Sec. 1102. Biosurveillance efforts.
Sec. 1103. Interagency coordination to enhance defenses against nuclear and radiological weapons of mass destruction.

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121 STAT. 268

PUBLIC LAW 110–53—AUG. 3, 2007

Sec. 1104. Integration of detection equipment and technologies.
TITLE XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION
SHARING
Sec. 1201. Definitions.
Sec. 1202. Transportation security strategic planning.
Sec. 1203. Transportation security information sharing.
Sec. 1204. National domestic preparedness consortium.
Sec. 1205. National transportation security center of excellence.
Sec. 1206. Immunity for reports of suspected terrorist activity or suspicious behavior and response.
TITLE XIII—TRANSPORTATION SECURITY ENHANCEMENTS
1301. Definitions.
1302. Enforcement authority.
1303. Authorization of visible intermodal prevention and response teams.
1304. Surface transportation security inspectors.
1305. Surface transportation security technology information sharing.
1306. TSA personnel limitations.
1307. National explosives detection canine team training program.
1308. Maritime and surface transportation security user fee study.
1309. Prohibition of issuance of transportation security cards to convicted felons.
Sec. 1310. Roles of the Department of Homeland Security and the Department of
Transportation.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE XIV—PUBLIC TRANSPORTATION SECURITY
Short title.
Definitions.
Findings.
National Strategy for Public Transportation Security.
Security assessments and plans.
Public transportation security assistance.
Security exercises.
Public transportation security training program.
Public transportation research and development.
Information sharing.
Threat assessments.
Reporting requirements.
Public transportation employee protections.
Security background checks of covered individuals for public transportation.
Sec. 1415. Limitation on fines and civil penalties.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1401.
1402.
1403.
1404.
1405.
1406.
1407.
1408.
1409.
1410.
1411.
1412.
1413.
1414.

TITLE XV—SURFACE TRANSPORTATION SECURITY

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Sec.
Sec.
Sec.
Sec.

1501.
1502.
1503.
1504.

Subtitle A—General Provisions
Definitions.
Oversight and grant procedures.
Authorization of appropriations.
Public awareness.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1511.
1512.
1513.
1514.
1515.
1516.
1517.
1518.
1519.
1520.
1521.
1522.
1523.
1524.
1525.
1526.
1527.

Subtitle B—Railroad Security
Railroad transportation security risk assessment and national strategy.
Railroad carrier assessments and plans.
Railroad security assistance.
Systemwide Amtrak security upgrades.
Fire and life safety improvements.
Railroad carrier exercises.
Railroad security training program.
Railroad security research and development.
Railroad tank car security testing.
Railroad threat assessments.
Railroad employee protections.
Security background checks of covered individuals.
Northern border railroad passenger report.
International Railroad Security Program.
Transmission line report.
Railroad security enhancements.
Applicability of District of Columbia law to certain Amtrak contracts.

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121 STAT. 269

Sec. 1528. Railroad preemption clarification.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1531.
1532.
1533.
1534.
1535.
1536.
1537.
1538.
1539.
1540.
1541.
1542.

Subtitle C—Over-the-Road Bus and Trucking Security
Over-the-road bus security assessments and plans.
Over-the-road bus security assistance.
Over-the-road bus exercises.
Over-the-road bus security training program.
Over-the-road bus security research and development.
Motor carrier employee protections.
Unified carrier registration system agreement.
School bus transportation security.
Technical amendment.
Truck security assessment.
Memorandum of understanding annex.
DHS Inspector General report on trucking security grant program.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1551.
1552.
1553.
1554.
1555.
1556.
1557.
1558.

Subtitle D—Hazardous Material and Pipeline Security
Railroad routing of security-sensitive materials.
Railroad security-sensitive material tracking.
Hazardous materials highway routing.
Motor carrier security-sensitive material tracking.
Hazardous materials security inspections and study.
Technical corrections.
Pipeline security inspections and enforcement.
Pipeline security and incident recovery plan.

Sec.
Sec.
Sec.
Sec.
Sec.

1601.
1602.
1603.
1604.
1605.

Sec. 1606.
Sec. 1607.
Sec. 1608.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1609.
1610.
1611.
1612.
1613.
1614.
1615.
1616.
1617.
1618.

TITLE XVI—AVIATION
Airport checkpoint screening fund.
Screening of cargo carried aboard passenger aircraft.
In-line baggage screening.
In-line baggage system deployment.
Strategic plan to test and implement advanced passenger prescreening
system.
Appeal and redress process for passengers wrongly delayed or prohibited
from boarding a flight.
Strengthening explosives detection at passenger screening checkpoints.
Research and development of aviation transportation security technology.
Blast-resistant cargo containers.
Protection of passenger planes from explosives.
Specialized training.
Certain TSA personnel limitations not to apply.
Pilot project to test different technologies at airport exit lanes.
Security credentials for airline crews.
Law enforcement officer biometric credential.
Repair station security.
General aviation security.
Extension of authorization of aviation security funding.

TITLE XVII—MARITIME CARGO
Sec. 1701. Container scanning and seals.
TITLE XVIII—PREVENTING WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM
Sec. 1801. Findings.
Sec. 1802. Definitions.
Subtitle A—Repeal and Modification of Limitations on Assistance for Prevention of
WMD Proliferation and Terrorism
Sec. 1811. Repeal and modification of limitations on assistance for prevention of
weapons of mass destruction proliferation and terrorism.
Subtitle B—Proliferation Security Initiative
Sec. 1821. Proliferation Security Initiative improvements and authorities.
Sec. 1822. Authority to provide assistance to cooperative countries.
Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass
Destruction Proliferation and Terrorism
Sec. 1831. Statement of policy.

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Sec. 1832. Authorization of appropriations for the Department of Defense Cooperative Threat Reduction Program.
Sec. 1833. Authorization of appropriations for the Department of Energy programs
to prevent weapons of mass destruction proliferation and terrorism.
Subtitle D—Office of the United States Coordinator for the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism
Sec. 1841. Office of the United States Coordinator for the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism.
Sec. 1842. Sense of Congress on United States-Russia cooperation and coordination
on the prevention of weapons of mass destruction proliferation and terrorism.
Subtitle E—Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
Sec. 1851. Establishment of Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.
Sec. 1852. Purposes of Commission.
Sec. 1853. Composition of Commission.
Sec. 1854. Responsibilities of Commission.
Sec. 1855. Powers of Commission.
Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
Sec. 1857. Report.
Sec. 1858. Termination.
Sec. 1859. Funding.
TITLE XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM
TECHNOLOGIES
Sec. 1901. Promoting antiterrorism capabilities through international cooperation.
Sec. 1902. Transparency of funds.
TITLE XX—9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
Sec. 2001. Short title.
Sec. 2002. Definition.
Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries.
Sec. 2011. Findings; Policy.
Sec. 2012. International Muslim Youth Opportunity Fund.
Sec. 2013. Annual report to Congress.
Sec. 2014. Extension of program to provide grants to American-sponsored schools
in predominantly Muslim Countries to provide scholarships.
Subtitle B—Democracy and Development in the Broader Middle East Region
Sec. 2021. Middle East Foundation.
Subtitle C—Reaffirming United States Moral Leadership
Sec. 2031. Advancing United States interests through public diplomacy.
Sec. 2032. Oversight of international broadcasting.
Sec. 2033. Expansion of United States scholarship, exchange, and library programs
in predominantly Muslim countries.
Sec. 2034. United States policy toward detainees.
Subtitle D—Strategy for the United States Relationship With Afghanistan,
Pakistan, and Saudi Arabia
Sec. 2041. Afghanistan.
Sec. 2042. Pakistan.
Sec. 2043. Saudi Arabia.
Sec.
Sec.
Sec.
Sec.

2101.
2102.
2103.
2104.

TITLE XXI—ADVANCING DEMOCRATIC VALUES
Short title.
Findings.
Statement of policy.
Definitions.

Subtitle A—Activities to Enhance the Promotion of Democracy
Sec. 2111. Democracy Promotion at the Department of State.
Sec. 2112. Democracy Fellowship Program.
Sec. 2113. Investigations of violations of international humanitarian law.

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Subtitle B—Strategies and Reports on Human Rights and the Promotion of
Democracy
Sec. 2121. Strategies, priorities, and annual report.
Sec. 2122. Translation of human rights reports.
Subtitle C—Advisory Committee on Democracy Promotion and the Internet Website
of the Department of State
Sec. 2131. Advisory Committee on Democracy Promotion.
Sec. 2132. Sense of Congress regarding the Internet website of the Department of
State.
Subtitle D—Training in Democracy and Human Rights; Incentives
Sec. 2141. Training in democracy promotion and the protection of human rights.
Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.
Sec. 2143. Personnel policies at the Department of State.
Subtitle E—Cooperation With Democratic Countries
Sec. 2151. Cooperation with democratic countries.
Subtitle F—Funding for Promotion of Democracy
Sec. 2161. The United Nations Democracy Fund.
Sec. 2162. United States democracy assistance programs.
Sec.
Sec.
Sec.
Sec.
Sec.

TITLE XXII—INTEROPERABLE EMERGENCY COMMUNICATIONS
2201. Interoperable emergency communications.
2202. Clarification of congressional intent.
2203. Cross border interoperability reports.
2204. Extension of short quorum.
2205. Requiring reports to be submitted to certain committees.

TITLE XXIII—EMERGENCY COMMUNICATIONS MODERNIZATION
Sec. 2301. Short title.
Sec. 2302. Funding for program.
Sec. 2303. NTIA coordination of E-911 implementation.
TITLE XXIV—MISCELLANEOUS PROVISIONS
Sec. 2401. Quadrennial homeland security review.
Sec. 2402. Sense of the Congress regarding the prevention of radicalization leading
to ideologically-based violence.
Sec. 2403. Requiring reports to be submitted to certain committees.
Sec. 2404. Demonstration project.
Sec. 2405. Under Secretary for Management of Department of Homeland Security.

TITLE I—HOMELAND SECURITY
GRANTS
SEC. 101. HOMELAND SECURITY GRANT PROGRAM.

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

‘‘TITLE XX—HOMELAND SECURITY
GRANTS
‘‘SEC. 2001. DEFINITIONS.

6 USC 601.

‘‘In this title, the following definitions shall apply:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’ means the
Administrator of the Federal Emergency Management Agency.
‘‘(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘appropriate committees of Congress’ means—
‘‘(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and

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PUBLIC LAW 110–53—AUG. 3, 2007
‘‘(B) those committees of the House of Representatives
that the Speaker of the House of Representatives determines appropriate.
‘‘(3) CRITICAL INFRASTRUCTURE SECTORS.—The term ‘critical
infrastructure sectors’ means the following sectors, in both
urban and rural areas:
‘‘(A) Agriculture and food.
‘‘(B) Banking and finance.
‘‘(C) Chemical industries.
‘‘(D) Commercial facilities.
‘‘(E) Commercial nuclear reactors, materials, and
waste.
‘‘(F) Dams.
‘‘(G) The defense industrial base.
‘‘(H) Emergency services.
‘‘(I) Energy.
‘‘(J) Government facilities.
‘‘(K) Information technology.
‘‘(L) National monuments and icons.
‘‘(M) Postal and shipping.
‘‘(N) Public health and health care.
‘‘(O) Telecommunications.
‘‘(P) Transportation systems.
‘‘(Q) Water.
‘‘(4) DIRECTLY ELIGIBLE TRIBE.—The term ‘directly eligible
tribe’ means—
‘‘(A) any Indian tribe—
‘‘(i) that is located in the continental United States;
‘‘(ii) that operates a law enforcement or emergency
response agency with the capacity to respond to calls
for law enforcement or emergency services;
‘‘(iii)(I) that is located on or near an international
border or a coastline bordering an ocean (including
the Gulf of Mexico) or international waters;
‘‘(II) that is located within 10 miles of a system
or asset included on the prioritized critical infrastructure list established under section 210E(a)(2) or has
such a system or asset within its territory;
‘‘(III) that is located within or contiguous to 1
of the 50 most populous metropolitan statistical areas
in the United States; or
‘‘(IV) the jurisdiction of which includes not less
than 1,000 square miles of Indian country, as that
term is defined in section 1151 of title 18, United
States Code; and
‘‘(iv) that certifies to the Secretary that a State
has not provided funds under section 2003 or 2004
to the Indian tribe or consortium of Indian tribes for
the purpose for which direct funding is sought; and
‘‘(B) a consortium of Indian tribes, if each tribe satisfies
the requirements of subparagraph (A).
‘‘(5) ELIGIBLE METROPOLITAN AREA.—The term ‘eligible
metropolitan area’ means any of the 100 most populous metropolitan statistical areas in the United States.
‘‘(6) HIGH-RISK URBAN AREA.—The term ‘high-risk urban
area’ means a high-risk urban area designated under section
2003(b)(3)(A).

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‘‘(7) INDIAN TRIBE.—The term ‘Indian tribe’ has the meaning
given that term in section 4(e) of the Indian Self-Determination
Act (25 U.S.C. 450b(e)).
‘‘(8) METROPOLITAN STATISTICAL AREA.—The term ‘metropolitan statistical area’ means a metropolitan statistical area,
as defined by the Office of Management and Budget.
‘‘(9) NATIONAL SPECIAL SECURITY EVENT.—The term
‘National Special Security Event’ means a designated event
that, by virtue of its political, economic, social, or religious
significance, may be the target of terrorism or other criminal
activity.
‘‘(10) POPULATION.—The term ‘population’ means population according to the most recent United States census population estimates available at the start of the relevant fiscal
year.
‘‘(11) POPULATION DENSITY.—The term ‘population density’
means population divided by land area in square miles.
‘‘(12) QUALIFIED INTELLIGENCE ANALYST.—The term ‘qualified intelligence analyst’ means an intelligence analyst (as that
term is defined in section 210A(j)), including law enforcement
personnel—
‘‘(A) who has successfully completed training to ensure
baseline proficiency in intelligence analysis and production,
as determined by the Secretary, which may include training
using a curriculum developed under section 209; or
‘‘(B) whose experience ensures baseline proficiency in
intelligence analysis and production equivalent to the
training required under subparagraph (A), as determined
by the Secretary.
‘‘(13) TARGET CAPABILITIES.—The term ‘target capabilities’
means the target capabilities for Federal, State, local, and
tribal government preparedness for which guidelines are
required to be established under section 646(a) of the PostKatrina Emergency Management Reform Act of 2006 (6 U.S.C.
746(a)).
‘‘(14) TRIBAL GOVERNMENT.—The term ‘tribal government’
means the government of an Indian tribe.

‘‘Subtitle A—Grants to States and HighRisk Urban Areas
‘‘SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.

6 USC 603.

‘‘(a) GRANTS AUTHORIZED.—The Secretary, through the
Administrator, may award grants under sections 2003 and 2004
to State, local, and tribal governments.
‘‘(b) PROGRAMS NOT AFFECTED.—This subtitle shall not be construed to affect any of the following Federal programs:
‘‘(1) Firefighter and other assistance programs authorized
under the Federal Fire Prevention and Control Act of 1974
(15 U.S.C. 2201 et seq.).
‘‘(2) Grants authorized under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.).
‘‘(3) Emergency Management Performance Grants under
the amendments made by title II of the Implementing Recommendations of the 9/11 Commission Act of 2007.

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‘‘(4) Grants to protect critical infrastructure, including port
security grants authorized under section 70107 of title 46,
United States Code, and the grants authorized under title
XIV and XV of the Implementing Recommendations of the
9/11 Commission Act of 2007 and the amendments made by
such titles.
‘‘(5) The Metropolitan Medical Response System authorized
under section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
‘‘(6) The Interoperable Emergency Communications Grant
Program authorized under title XVIII.
‘‘(7) Grant programs other than those administered by the
Department.
‘‘(c) RELATIONSHIP TO OTHER LAWS.—
‘‘(1) IN GENERAL.—The grant programs authorized under
sections 2003 and 2004 shall supercede all grant programs
authorized under section 1014 of the USA PATRIOT Act (42
U.S.C. 3714).
‘‘(2) ALLOCATION.—The allocation of grants authorized
under section 2003 or 2004 shall be governed by the terms
of this subtitle and not by any other provision of law.

6 USC 604.

‘‘SEC. 2003. URBAN AREA SECURITY INITIATIVE.

‘‘(a) ESTABLISHMENT.—There is established an Urban Area
Security Initiative to provide grants to assist high-risk urban areas
in preventing, preparing for, protecting against, and responding
to acts of terrorism.
‘‘(b) ASSESSMENT AND DESIGNATION OF HIGH-RISK URBAN
AREAS.—
‘‘(1) IN GENERAL.—The Administrator shall designate highrisk urban areas to receive grants under this section based
on procedures under this subsection.
‘‘(2) INITIAL ASSESSMENT.—
‘‘(A) IN GENERAL.—For each fiscal year, the Administrator shall conduct an initial assessment of the relative
threat, vulnerability, and consequences from acts of terrorism faced by each eligible metropolitan area, including
consideration of—
‘‘(i) the factors set forth in subparagraphs (A)
through (H) and (K) of section 2007(a)(1); and
‘‘(ii) information and materials submitted under
subparagraph (B).
‘‘(B) SUBMISSION OF INFORMATION BY ELIGIBLE METROPOLITAN AREAS.—Prior to conducting each initial assessment under subparagraph (A), the Administrator shall provide each eligible metropolitan area with, and shall notify
each eligible metropolitan area of, the opportunity to—
‘‘(i) submit information that the eligible metropolitan area believes to be relevant to the determination
of the threat, vulnerability, and consequences it faces
from acts of terrorism; and
‘‘(ii) review the risk assessment conducted by the
Department of that eligible metropolitan area,
including the bases for the assessment by the Department of the threat, vulnerability, and consequences

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from acts of terrorism faced by that eligible metropolitan area, and remedy erroneous or incomplete information.
‘‘(3) DESIGNATION OF HIGH-RISK URBAN AREAS.—
‘‘(A) DESIGNATION.—
‘‘(i) IN GENERAL.—For each fiscal year, after conducting the initial assessment under paragraph (2),
and based on that assessment, the Administrator shall
designate high-risk urban areas that may submit
applications for grants under this section.
‘‘(ii) ADDITIONAL AREAS.—Notwithstanding paragraph (2), the Administrator may—
‘‘(I) in any case where an eligible metropolitan
area consists of more than 1 metropolitan division
(as that term is defined by the Office of Management and Budget) designate more than 1 highrisk urban area within a single eligible metropolitan area; and
‘‘(II) designate an area that is not an eligible
metropolitan area as a high-risk urban area based
on the assessment by the Administrator of the
relative threat, vulnerability, and consequences
from acts of terrorism faced by the area.
‘‘(iii) RULE OF CONSTRUCTION.—Nothing in this
subsection may be construed to require the Administrator to—
‘‘(I) designate all eligible metropolitan areas
that submit information to the Administrator
under paragraph (2)(B)(i) as high-risk urban areas;
or
‘‘(II) designate all areas within an eligible
metropolitan area as part of the high-risk urban
area.
‘‘(B) JURISDICTIONS INCLUDED IN HIGH-RISK URBAN
AREAS.—
‘‘(i) IN GENERAL.—In designating high-risk urban
areas under subparagraph (A), the Administrator shall
determine which jurisdictions, at a minimum, shall
be included in each high-risk urban area.
‘‘(ii) ADDITIONAL JURISDICTIONS.—A high-risk
urban area designated by the Administrator may, in
consultation with the State or States in which such
high-risk urban area is located, add additional jurisdictions to the high-risk urban area.
‘‘(c) APPLICATION.—
‘‘(1) IN GENERAL.—An area designated as a high-risk urban
area under subsection (b) may apply for a grant under this
section.
‘‘(2) MINIMUM CONTENTS OF APPLICATION.—In an application for a grant under this section, a high-risk urban area
shall submit—
‘‘(A) a plan describing the proposed division of responsibilities and distribution of funding among the local and
tribal governments in the high-risk urban area;
‘‘(B) the name of an individual to serve as a highrisk urban area liaison with the Department and among
the various jurisdictions in the high-risk urban area; and

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121 STAT. 276

‘‘(C) such information in support of the application
as the Administrator may reasonably require.
‘‘(3) ANNUAL APPLICATIONS.—Applicants for grants under
this section shall apply or reapply on an annual basis.
‘‘(4) STATE REVIEW AND TRANSMISSION.—
‘‘(A) IN GENERAL.—To ensure consistency with State
homeland security plans, a high-risk urban area applying
for a grant under this section shall submit its application
to each State within which any part of that high-risk
urban area is located for review before submission of such
application to the Department.
‘‘(B) DEADLINE.—Not later than 30 days after receiving
an application from a high-risk urban area under subparagraph (A), a State shall transmit the application to the
Department.
‘‘(C) OPPORTUNITY FOR STATE COMMENT.—If the Governor of a State determines that an application of a highrisk urban area is inconsistent with the State homeland
security plan of that State, or otherwise does not support
the application, the Governor shall—
‘‘(i) notify the Administrator, in writing, of that
fact; and
‘‘(ii) provide an explanation of the reason for not
supporting the application at the time of transmission
of the application.
‘‘(5) OPPORTUNITY TO AMEND.—In considering applications
for grants under this section, the Administrator shall provide
applicants with a reasonable opportunity to correct defects in
the application, if any, before making final awards.
‘‘(d) DISTRIBUTION OF AWARDS.—
‘‘(1) IN GENERAL.—If the Administrator approves the
application of a high-risk urban area for a grant under this
section, the Administrator shall distribute the grant funds to
the State or States in which that high-risk urban area is
located.
‘‘(2) STATE DISTRIBUTION OF FUNDS.—
‘‘(A) IN GENERAL.—Not later than 45 days after the
date that a State receives grant funds under paragraph
(1), that State shall provide the high-risk urban area
awarded that grant not less than 80 percent of the grant
funds. Any funds retained by a State shall be expended
on items, services, or activities that benefit the high-risk
urban area.
‘‘(B) FUNDS RETAINED.—A State shall provide each relevant high-risk urban area with an accounting of the items,
services, or activities on which any funds retained by the
State under subparagraph (A) were expended.
‘‘(3) INTERSTATE URBAN AREAS.—If parts of a high-risk
urban area awarded a grant under this section are located
in 2 or more States, the Administrator shall distribute to each
such State—
‘‘(A) a portion of the grant funds in accordance with
the proposed distribution set forth in the application; or
‘‘(B) if no agreement on distribution has been reached,
a portion of the grant funds determined by the Administrator to be appropriate.

Notification.

Deadline.

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‘‘(4) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO HIGH-RISK URBAN AREAS.—A State that receives grant
funds under paragraph (1) shall certify to the Administrator
that the State has made available to the applicable high-risk
urban area the required funds under paragraph (2).
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for grants under this section—
‘‘(1) $850,000,000 for fiscal year 2008;
‘‘(2) $950,000,000 for fiscal year 2009;
‘‘(3) $1,050,000,000 for fiscal year 2010;
‘‘(4) $1,150,000,000 for fiscal year 2011;
‘‘(5) $1,300,000,000 for fiscal year 2012; and
‘‘(6) such sums as are necessary for fiscal year 2013, and
each fiscal year thereafter.
‘‘SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

‘‘(a) ESTABLISHMENT.—There is established a State Homeland
Security Grant Program to assist State, local, and tribal governments in preventing, preparing for, protecting against, and
responding to acts of terrorism.
‘‘(b) APPLICATION.—
‘‘(1) IN GENERAL.—Each State may apply for a grant under
this section, and shall submit such information in support
of the application as the Administrator may reasonably require.
‘‘(2) MINIMUM CONTENTS OF APPLICATION.—The Administrator shall require that each State include in its application,
at a minimum—
‘‘(A) the purpose for which the State seeks grant funds
and the reasons why the State needs the grant to meet
the target capabilities of that State;
‘‘(B) a description of how the State plans to allocate
the grant funds to local governments and Indian tribes;
and
‘‘(C) a budget showing how the State intends to expend
the grant funds.
‘‘(3) ANNUAL APPLICATIONS.—Applicants for grants under
this section shall apply or reapply on an annual basis.
‘‘(c) DISTRIBUTION TO LOCAL AND TRIBAL GOVERNMENTS.—
‘‘(1) IN GENERAL.—Not later than 45 days after receiving
grant funds, any State receiving a grant under this section
shall make available to local and tribal governments, consistent
with the applicable State homeland security plan—
‘‘(A) not less than 80 percent of the grant funds;
‘‘(B) with the consent of local and tribal governments,
items, services, or activities having a value of not less
than 80 percent of the amount of the grant; or
‘‘(C) with the consent of local and tribal governments,
grant funds combined with other items, services, or activities having a total value of not less than 80 percent of
the amount of the grant.
‘‘(2) CERTIFICATIONS REGARDING DISTRIBUTION OF GRANT
FUNDS TO LOCAL GOVERNMENTS.—A State shall certify to the
Administrator that the State has made the distribution to
local and tribal governments required under paragraph (1).
‘‘(3) EXTENSION OF PERIOD.—The Governor of a State may
request in writing that the Administrator extend the period
under paragraph (1) for an additional period of time. The

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6 USC 605.

Deadline.

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121 STAT. 278

Administrator may approve such a request if the Administrator
determines that the resulting delay in providing grant funding
to the local and tribal governments is necessary to promote
effective investments to prevent, prepare for, protect against,
or respond to acts of terrorism.
‘‘(4) EXCEPTION.—Paragraph (1) shall not apply to the District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, or the Virgin Islands.
‘‘(5) DIRECT FUNDING.—If a State fails to make the distribution to local or tribal governments required under paragraph
(1) in a timely fashion, a local or tribal government entitled
to receive such distribution may petition the Administrator
to request that grant funds be provided directly to the local
or tribal government.
‘‘(d) MULTISTATE APPLICATIONS.—
‘‘(1) IN GENERAL.—Instead of, or in addition to, any application for a grant under subsection (b), 2 or more States may
submit an application for a grant under this section in support
of multistate efforts to prevent, prepare for, protect against,
and respond to acts of terrorism.
‘‘(2) ADMINISTRATION OF GRANT.—If a group of States
applies for a grant under this section, such States shall submit
to the Administrator at the time of application a plan
describing—
‘‘(A) the division of responsibilities for administering
the grant; and
‘‘(B) the distribution of funding among the States that
are parties to the application.
‘‘(e) MINIMUM ALLOCATION.—
‘‘(1) IN GENERAL.—In allocating funds under this section,
the Administrator shall ensure that—
‘‘(A) except as provided in subparagraph (B), each State
receives, from the funds appropriated for the State Homeland Security Grant Program established under this section, not less than an amount equal to—
‘‘(i) 0.375 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2008;
‘‘(ii) 0.365 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2009;
‘‘(iii) 0.36 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2010;
‘‘(iv) 0.355 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2011; and
‘‘(v) 0.35 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2012 and in each fiscal year thereafter; and
‘‘(B) for each fiscal year, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam,
and the Virgin Islands each receive, from the funds appropriated for the State Homeland Security Grant Program
established under this section, not less than an amount

Territories.

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equal to 0.08 percent of the total funds appropriated for
grants under this section and section 2003.
‘‘(2) EFFECT OF MULTISTATE AWARD ON STATE MINIMUM.—
Any portion of a multistate award provided to a State under
subsection (d) shall be considered in calculating the minimum
State allocation under this subsection.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for grants under this section—
‘‘(1) $950,000,000 for each of fiscal years 2008 through
2012; and
‘‘(2) such sums as are necessary for fiscal year 2013, and
each fiscal year thereafter.
‘‘SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.

6 USC 606.

‘‘(a) IN GENERAL.—Notwithstanding section 2004(b), the
Administrator may award grants to directly eligible tribes under
section 2004.
‘‘(b) TRIBAL APPLICATIONS.—A directly eligible tribe may apply
for a grant under section 2004 by submitting an application to
the Administrator that includes, as appropriate, the information
required for an application by a State under section 2004(b).
‘‘(c) CONSISTENCY WITH STATE PLANS.—
‘‘(1) IN GENERAL.—To ensure consistency with any
applicable State homeland security plan, a directly eligible
tribe applying for a grant under section 2004 shall provide
a copy of its application to each State within which any part
of the tribe is located for review before the tribe submits such
application to the Department.
‘‘(2) OPPORTUNITY FOR COMMENT.—If the Governor of a
State determines that the application of a directly eligible tribe
is inconsistent with the State homeland security plan of that
State, or otherwise does not support the application, not later
than 30 days after the date of receipt of that application the
Governor shall—
‘‘(A) notify the Administrator, in writing, of that fact;
and
‘‘(B) provide an explanation of the reason for not supporting the application.
‘‘(d) FINAL AUTHORITY.—The Administrator shall have final
authority to approve any application of a directly eligible tribe.
The Administrator shall notify each State within the boundaries
of which any part of a directly eligible tribe is located of the
approval of an application by the tribe.
‘‘(e) PRIORITIZATION.—The Administrator shall allocate funds
to directly eligible tribes in accordance with the factors applicable
to allocating funds among States under section 2007.
‘‘(f) DISTRIBUTION OF AWARDS TO DIRECTLY ELIGIBLE TRIBES.—
If the Administrator awards funds to a directly eligible tribe under
this section, the Administrator shall distribute the grant funds
directly to the tribe and not through any State.
‘‘(g) MINIMUM ALLOCATION.—
‘‘(1) IN GENERAL.—In allocating funds under this section,
the Administrator shall ensure that, for each fiscal year,
directly eligible tribes collectively receive, from the funds appropriated for the State Homeland Security Grant Program established under section 2004, not less than an amount equal

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Deadline.
Notification.

Notification.

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121 STAT. 280

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to 0.1 percent of the total funds appropriated for grants under
sections 2003 and 2004.
‘‘(2) EXCEPTION.—This subsection shall not apply in any
fiscal year in which the Administrator—
‘‘(A) receives fewer than 5 applications under this section; or
‘‘(B) does not approve at least 2 applications under
this section.
‘‘(h) TRIBAL LIAISON.—A directly eligible tribe applying for a
grant under section 2004 shall designate an individual to serve
as a tribal liaison with the Department and other Federal, State,
local, and regional government officials concerning preventing, preparing for, protecting against, and responding to acts of terrorism.
‘‘(i) ELIGIBILITY FOR OTHER FUNDS.—A directly eligible tribe
that receives a grant under section 2004 may receive funds for
other purposes under a grant from the State or States within
the boundaries of which any part of such tribe is located and
from any high-risk urban area of which it is a part, consistent
with the homeland security plan of the State or high-risk urban
area.
‘‘(j) STATE OBLIGATIONS.—
‘‘(1) IN GENERAL.—States shall be responsible for allocating
grant funds received under section 2004 to tribal governments
in order to help those tribal communities achieve target
capabilities not achieved through grants to directly eligible
tribes.
‘‘(2) DISTRIBUTION OF GRANT FUNDS.—With respect to a
grant to a State under section 2004, an Indian tribe shall
be eligible for funding directly from that State, and shall not
be required to seek funding from any local government.
‘‘(3) IMPOSITION OF REQUIREMENTS.—A State may not
impose unreasonable or unduly burdensome requirements on
an Indian tribe as a condition of providing the Indian tribe
with grant funds or resources under section 2004.
‘‘(k) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed to affect the authority of an Indian tribe that receives
funds under this subtitle.
6 USC 607.

‘‘SEC. 2006. TERRORISM PREVENTION.

‘‘(a) LAW ENFORCEMENT TERRORISM PREVENTION PROGRAM.—
‘‘(1) IN GENERAL.—The Administrator shall ensure that not
less than 25 percent of the total combined funds appropriated
for grants under sections 2003 and 2004 is used for law enforcement terrorism prevention activities.
‘‘(2) LAW ENFORCEMENT TERRORISM PREVENTION ACTIVITIES.—Law
enforcement terrorism prevention activities
include—
‘‘(A) information sharing and analysis;
‘‘(B) target hardening;
‘‘(C) threat recognition;
‘‘(D) terrorist interdiction;
‘‘(E) overtime expenses consistent with a State homeland security plan, including for the provision of enhanced
law enforcement operations in support of Federal agencies,
including for increased border security and border crossing
enforcement;

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‘‘(F) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion
centers that comply with the guidelines established under
section 210A(i);
‘‘(G) paying salaries and benefits for personnel,
including individuals employed by the grant recipient on
the date of the relevant grant application, to serve as
qualified intelligence analysts;
‘‘(H) any other activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the Law
Enforcement Terrorism Prevention Program; and
‘‘(I) any other terrorism prevention activity authorized
by the Administrator.
‘‘(3) PARTICIPATION OF UNDERREPRESENTED COMMUNITIES
IN FUSION CENTERS.—The Administrator shall ensure that grant
funds described in paragraph (1) are used to support the participation, as appropriate, of law enforcement and other emergency
response providers from rural and other underrepresented
communities at risk from acts of terrorism in fusion centers.
‘‘(b) OFFICE FOR STATE AND LOCAL LAW ENFORCEMENT.—
‘‘(1) ESTABLISHMENT.—There is established in the Policy
Directorate of the Department an Office for State and Local
Law Enforcement, which shall be headed by an Assistant Secretary for State and Local Law Enforcement.
‘‘(2) QUALIFICATIONS.—The Assistant Secretary for State
and Local Law Enforcement shall have an appropriate background with experience in law enforcement, intelligence, and
other counterterrorism functions.
‘‘(3) ASSIGNMENT OF PERSONNEL.—The Secretary shall
assign to the Office for State and Local Law Enforcement
permanent staff and, as appropriate and consistent with sections 506(c)(2), 821, and 888(d), other appropriate personnel
detailed from other components of the Department to carry
out the responsibilities under this subsection.
‘‘(4) RESPONSIBILITIES.—The Assistant Secretary for State
and Local Law Enforcement shall—
‘‘(A) lead the coordination of Department-wide policies
relating to the role of State and local law enforcement
in preventing, preparing for, protecting against, and
responding to natural disasters, acts of terrorism, and other
man-made disasters within the United States;
‘‘(B) serve as a liaison between State, local, and tribal
law enforcement agencies and the Department;
‘‘(C) coordinate with the Office of Intelligence and Analysis to ensure the intelligence and information sharing
requirements of State, local, and tribal law enforcement
agencies are being addressed;
‘‘(D) work with the Administrator to ensure that law
enforcement and terrorism-focused grants to State, local,
and tribal government agencies, including grants under
sections 2003 and 2004, the Commercial Equipment Direct
Assistance Program, and other grants administered by the
Department to support fusion centers and law enforcementoriented programs, are appropriately focused on terrorism
prevention activities;
‘‘(E) coordinate with the Science and Technology Directorate, the Federal Emergency Management Agency, the

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121 STAT. 282

Department of Justice, the National Institute of Justice,
law enforcement organizations, and other appropriate entities to support the development, promulgation, and
updating, as necessary, of national voluntary consensus
standards for training and personal protective equipment
to be used in a tactical environment by law enforcement
officers; and
‘‘(F) conduct, jointly with the Administrator, a study
to determine the efficacy and feasibility of establishing
specialized law enforcement deployment teams to assist
State, local, and tribal governments in responding to natural disasters, acts of terrorism, or other man-made disasters and report on the results of that study to the appropriate committees of Congress.
‘‘(5) RULE OF CONSTRUCTION.—Nothing in this subsection
shall be construed to diminish, supercede, or replace the responsibilities, authorities, or role of the Administrator.

Study.
Reports.

6 USC 608.

PUBLIC LAW 110–53—AUG. 3, 2007

‘‘SEC. 2007. PRIORITIZATION.

‘‘(a) IN GENERAL.—In allocating funds among States and highrisk urban areas applying for grants under section 2003 or 2004,
the Administrator shall consider, for each State or high-risk urban
area—
‘‘(1) its relative threat, vulnerability, and consequences
from acts of terrorism, including consideration of—
‘‘(A) its population, including appropriate consideration
of military, tourist, and commuter populations;
‘‘(B) its population density;
‘‘(C) its history of threats, including whether it has
been the target of a prior act of terrorism;
‘‘(D) its degree of threat, vulnerability, and consequences related to critical infrastructure (for all critical
infrastructure sectors) or key resources identified by the
Administrator or the State homeland security plan,
including threats, vulnerabilities, and consequences related
to critical infrastructure or key resources in nearby jurisdictions;
‘‘(E) the most current threat assessments available to
the Department;
‘‘(F) whether the State has, or the high-risk urban
area is located at or near, an international border;
‘‘(G) whether it has a coastline bordering an ocean
(including the Gulf of Mexico) or international waters;
‘‘(H) its likely need to respond to acts of terrorism
occurring in nearby jurisdictions;
‘‘(I) the extent to which it has unmet target capabilities;
‘‘(J) in the case of a high-risk urban area, the extent
to which that high-risk urban area includes—
‘‘(i) those incorporated municipalities, counties,
parishes, and Indian tribes within the relevant eligible
metropolitan area, the inclusion of which will enhance
regional efforts to prevent, prepare for, protect against,
and respond to acts of terrorism; and
‘‘(ii) other local and tribal governments in the surrounding area that are likely to be called upon to
respond to acts of terrorism within the high-risk urban
area; and

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‘‘(K) such other factors as are specified in writing by
the Administrator; and
‘‘(2) the anticipated effectiveness of the proposed use of
the grant by the State or high-risk urban area in increasing
the ability of that State or high-risk urban area to prevent,
prepare for, protect against, and respond to acts of terrorism,
to meet its target capabilities, and to otherwise reduce the
overall risk to the high-risk urban area, the State, or the
Nation.
‘‘(b) TYPES OF THREAT.—In assessing threat under this section,
the Administrator shall consider the following types of threat to
critical infrastructure sectors and to populations in all areas of
the United States, urban and rural:
‘‘(1) Biological.
‘‘(2) Chemical.
‘‘(3) Cyber.
‘‘(4) Explosives.
‘‘(5) Incendiary.
‘‘(6) Nuclear.
‘‘(7) Radiological.
‘‘(8) Suicide bombers.
‘‘(9) Such other types of threat determined relevant by
the Administrator.
‘‘SEC. 2008. USE OF FUNDS.

6 USC 609.

‘‘(a) PERMITTED USES.—Grants awarded under section 2003
or 2004 may be used to achieve target capabilities related to preventing, preparing for, protecting against, and responding to acts
of terrorism, consistent with a State homeland security plan and
relevant local, tribal, and regional homeland security plans,
through—
‘‘(1) developing and enhancing homeland security, emergency management, or other relevant plans, assessments, or
mutual aid agreements;
‘‘(2) designing, conducting, and evaluating training and
exercises, including training and exercises conducted under
section 512 of this Act and section 648 of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 748);
‘‘(3) protecting a system or asset included on the prioritized
critical infrastructure list established under section 210E(a)(2);
‘‘(4) purchasing, upgrading, storing, or maintaining equipment, including computer hardware and software;
‘‘(5) ensuring operability and achieving interoperability of
emergency communications;
‘‘(6) responding to an increase in the threat level under
the Homeland Security Advisory System, or to the needs
resulting from a National Special Security Event;
‘‘(7) establishing, enhancing, and staffing with appropriately qualified personnel State, local, and regional fusion
centers that comply with the guidelines established under section 210A(i);
‘‘(8) enhancing school preparedness;
‘‘(9) supporting public safety answering points;
‘‘(10) paying salaries and benefits for personnel, including
individuals employed by the grant recipient on the date of
the relevant grant application, to serve as qualified intelligence
analysts;

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‘‘(11) paying expenses directly related to administration
of the grant, except that such expenses may not exceed 3
percent of the amount of the grant;
‘‘(12) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for the State Homeland
Security Grant Program, the Urban Area Security Initiative
(including
activities
permitted
under
the
full-time
counterterrorism staffing pilot), or the Law Enforcement Terrorism Prevention Program; and
‘‘(13) any other appropriate activity, as determined by the
Administrator.
‘‘(b) LIMITATIONS ON USE OF FUNDS.—
‘‘(1) IN GENERAL.—Funds provided under section 2003 or
2004 may not be used—
‘‘(A) to supplant State or local funds, except that
nothing in this paragraph shall prohibit the use of grant
funds provided to a State or high-risk urban area for otherwise permissible uses under subsection (a) on the basis
that a State or high-risk urban area has previously used
State or local funds to support the same or similar uses;
or
‘‘(B) for any State or local government cost-sharing
contribution.
‘‘(2) PERSONNEL.—
‘‘(A) IN GENERAL.—Not more than 50 percent of the
amount awarded to a grant recipient under section 2003
or 2004 in any fiscal year may be used to pay for personnel,
including overtime and backfill costs, in support of the
permitted uses under subsection (a).
‘‘(B) WAIVER.—At the request of the recipient of a
grant under section 2003 or 2004, the Administrator may
grant a waiver of the limitation under subparagraph (A).
‘‘(3) CONSTRUCTION.—
‘‘(A) IN GENERAL.—A grant awarded under section 2003
or 2004 may not be used to acquire land or to construct
buildings or other physical facilities.
‘‘(B) EXCEPTIONS.—
‘‘(i) IN GENERAL.—Notwithstanding subparagraph
(A), nothing in this paragraph shall prohibit the use
of a grant awarded under section 2003 or 2004 to
achieve target capabilities related to preventing, preparing for, protecting against, or responding to acts
of terrorism, including through the alteration or remodeling of existing buildings for the purpose of making
such buildings secure against acts of terrorism.
‘‘(ii) REQUIREMENTS FOR EXCEPTION.—No grant
awarded under section 2003 or 2004 may be used
for a purpose described in clause (i) unless—
‘‘(I) specifically approved by the Administrator;
‘‘(II) any construction work occurs under terms
and conditions consistent with the requirements
under section 611(j)(9) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42
U.S.C. 5196(j)(9)); and
‘‘(III) the amount allocated for purposes under
clause (i) does not exceed the greater of $1,000,000
or 15 percent of the grant award.

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‘‘(4) RECREATION.—Grants awarded under this subtitle may
not be used for recreational or social purposes.
‘‘(c) MULTIPLE-PURPOSE FUNDS.—Nothing in this subtitle shall
be construed to prohibit State, local, or tribal governments from
using grant funds under sections 2003 and 2004 in a manner
that enhances preparedness for disasters unrelated to acts of terrorism, if such use assists such governments in achieving target
capabilities related to preventing, preparing for, protecting against,
or responding to acts of terrorism.
‘‘(d) REIMBURSEMENT OF COSTS.—
‘‘(1) PAID-ON-CALL OR VOLUNTEER REIMBURSEMENT.—In
addition to the activities described in subsection (a), a grant
under section 2003 or 2004 may be used to provide a reasonable
stipend to paid-on-call or volunteer emergency response providers who are not otherwise compensated for travel to or
participation in training or exercises related to the purposes
of this subtitle. Any such reimbursement shall not be considered
compensation for purposes of rendering an emergency response
provider an employee under the Fair Labor Standards Act
of 1938 (29 U.S.C. 201 et seq.).
‘‘(2) PERFORMANCE OF FEDERAL DUTY.—An applicant for
a grant under section 2003 or 2004 may petition the Administrator to use the funds from its grants under those sections
for the reimbursement of the cost of any activity relating to
preventing, preparing for, protecting against, or responding
to acts of terrorism that is a Federal duty and usually performed by a Federal agency, and that is being performed by
a State or local government under agreement with a Federal
agency.
‘‘(e) FLEXIBILITY IN UNSPENT HOMELAND SECURITY GRANT
FUNDS.—Upon request by the recipient of a grant under section
2003 or 2004, the Administrator may authorize the grant recipient
to transfer all or part of the grant funds from uses specified in
the grant agreement to other uses authorized under this section,
if the Administrator determines that such transfer is in the interests
of homeland security.
‘‘(f) EQUIPMENT STANDARDS.—If an applicant for a grant under
section 2003 or 2004 proposes to upgrade or purchase, with assistance provided under that grant, new equipment or systems that
do not meet or exceed any applicable national voluntary consensus
standards developed under section 647 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 747), the applicant
shall include in its application an explanation of why such equipment or systems will serve the needs of the applicant better than
equipment or systems that meet or exceed such standards.

‘‘Subtitle B—Grants Administration
‘‘SEC. 2021. ADMINISTRATION AND COORDINATION.

6 USC 611.

‘‘(a) REGIONAL COORDINATION.—The Administrator shall ensure
that—
‘‘(1) all recipients of grants administered by the Department
to prevent, prepare for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made disasters
(excluding assistance provided under section 203, title IV, or
title V of the Robert T. Stafford Disaster Relief and Emergency

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Establishment.

Deadline.

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Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et
seq.)) coordinate, as appropriate, their prevention, preparedness, and protection efforts with neighboring State, local, and
tribal governments; and
‘‘(2) all high-risk urban areas and other recipients of grants
administered by the Department to prevent, prepare for, protect
against, or respond to natural disasters, acts of terrorism, or
other man-made disasters (excluding assistance provided under
section 203, title IV, or title V of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170
et seq., and 5191 et seq.)) that include or substantially affect
parts or all of more than 1 State coordinate, as appropriate,
across State boundaries, including, where appropriate, through
the use of regional working groups and requirements for
regional plans.
‘‘(b) PLANNING COMMITTEES.—
‘‘(1) IN GENERAL.—Any State or high-risk urban area
receiving a grant under section 2003 or 2004 shall establish
a planning committee to assist in preparation and revision
of the State, regional, or local homeland security plan and
to assist in determining effective funding priorities for grants
under sections 2003 and 2004.
‘‘(2) COMPOSITION.—
‘‘(A) IN GENERAL.—The planning committee shall
include representatives of significant stakeholders,
including—
‘‘(i) local and tribal government officials; and
‘‘(ii) emergency response providers, which shall
include representatives of the fire service, law enforcement, emergency medical response, and emergency
managers.
‘‘(B) GEOGRAPHIC REPRESENTATION.—The members of
the planning committee shall be a representative group
of individuals from the counties, cities, towns, and Indian
tribes within the State or high-risk urban area, including,
as appropriate, representatives of rural, high-population,
and high-threat jurisdictions.
‘‘(3) EXISTING PLANNING COMMITTEES.—Nothing in this subsection may be construed to require that any State or highrisk urban area create a planning committee if that State
or high-risk urban area has established and uses a multijurisdictional planning committee or commission that meets the
requirements of this subsection.
‘‘(c) INTERAGENCY COORDINATION.—
‘‘(1) IN GENERAL.—Not later than 12 months after the date
of enactment of the Implementing Recommendations of the
9/11 Commission Act of 2007, the Secretary (acting through
the Administrator), the Attorney General, the Secretary of
Health and Human Services, and the heads of other agencies
providing assistance to State, local, and tribal governments
for preventing, preparing for, protecting against, and
responding to natural disasters, acts of terrorism, and other
man-made disasters, shall jointly—
‘‘(A) compile a comprehensive list of Federal grant
programs for State, local, and tribal governments for preventing, preparing for, protecting against, and responding

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to natural disasters, acts of terrorism, and other manmade disasters;
‘‘(B) compile the planning, reporting, application, and
other requirements and guidance for the grant programs
described in subparagraph (A);
‘‘(C) develop recommendations, as appropriate, to—
‘‘(i) eliminate redundant and duplicative requirements for State, local, and tribal governments,
including onerous application and ongoing reporting
requirements;
‘‘(ii) ensure accountability of the programs to the
intended purposes of such programs;
‘‘(iii) coordinate allocation of grant funds to avoid
duplicative or inconsistent purchases by the recipients;
‘‘(iv) make the programs more accessible and user
friendly to applicants; and
‘‘(v) ensure the programs are coordinated to
enhance the overall preparedness of the Nation;
‘‘(D) submit the information and recommendations
under subparagraphs (A), (B), and (C) to the appropriate
committees of Congress; and
‘‘(E) provide the appropriate committees of Congress,
the Comptroller General, and any officer or employee of
the Government Accountability Office with full access to
any information collected or reviewed in preparing the
submission under subparagraph (D).
‘‘(2) SCOPE OF TASK.—Nothing in this subsection shall
authorize the elimination, or the alteration of the purposes,
as delineated by statute, regulation, or guidance, of any grant
program that exists on the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007,
nor authorize the review or preparation of proposals on the
elimination, or the alteration of such purposes, of any such
grant program.
‘‘(d) SENSE OF CONGRESS.—It is the sense of Congress that,
in order to ensure that the Nation is most effectively able to
prevent, prepare for, protect against, and respond to all hazards,
including natural disasters, acts of terrorism, and other man-made
disasters—
‘‘(1) the Department should administer a coherent and
coordinated system of both terrorism-focused and all-hazards
grants;
‘‘(2) there should be a continuing and appropriate balance
between funding for terrorism-focused and all-hazards
preparedness, as reflected in the authorizations of appropriations for grants under the amendments made by titles I and
II, as applicable, of the Implementing Recommendations of
the 9/11 Commission Act of 2007; and
‘‘(3) with respect to terrorism-focused grants, it is necessary
to ensure both that the target capabilities of the highest risk
areas are achieved quickly and that basic levels of preparedness, as measured by the attainment of target capabilities,
are achieved nationwide.
‘‘SEC. 2022. ACCOUNTABILITY.

Submission.

6 USC 612.

‘‘(a) AUDITS OF GRANT PROGRAMS.—
‘‘(1) COMPLIANCE REQUIREMENTS.—

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121 STAT. 288

‘‘(A) AUDIT REQUIREMENT.—Each recipient of a grant
administered by the Department that expends not less
than $500,000 in Federal funds during its fiscal year shall
submit to the Administrator a copy of the organizationwide financial and compliance audit report required under
chapter 75 of title 31, United States Code.
‘‘(B) ACCESS TO INFORMATION.—The Department and
each recipient of a grant administered by the Department
shall provide the Comptroller General and any officer or
employee of the Government Accountability Office with
full access to information regarding the activities carried
out related to any grant administered by the Department.
‘‘(C) IMPROPER PAYMENTS.—Consistent with the
Improper Payments Information Act of 2002 (31 U.S.C.
3321 note), for each of the grant programs under sections
2003 and 2004 of this title and section 662 of the PostKatrina Emergency Management Reform Act of 2006 (6
U.S.C. 762), the Administrator shall specify policies and
procedures for—
‘‘(i) identifying activities funded under any such
grant program that are susceptible to significant
improper payments; and
‘‘(ii) reporting any improper payments to the
Department.
‘‘(2) AGENCY PROGRAM REVIEW.—
‘‘(A) IN GENERAL.—Not less than once every 2 years,
the Administrator shall conduct, for each State and highrisk urban area receiving a grant administered by the
Department, a programmatic and financial review of all
grants awarded by the Department to prevent, prepare
for, protect against, or respond to natural disasters, acts
of terrorism, or other man-made disasters, excluding assistance provided under section 203, title IV, or title V of
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191
et seq.).
‘‘(B) CONTENTS.—Each review under subparagraph (A)
shall, at a minimum, examine—
‘‘(i) whether the funds awarded were used in
accordance with the law, program guidance, and State
homeland security plans or other applicable plans; and
‘‘(ii) the extent to which funds awarded enhanced
the ability of a grantee to prevent, prepare for, protect
against, and respond to natural disasters, acts of terrorism, and other man-made disasters.
‘‘(C) AUTHORIZATION OF APPROPRIATIONS.—In addition
to any other amounts authorized to be appropriated to
the Administrator, there are authorized to be appropriated
to the Administrator for reviews under this paragraph—
‘‘(i) $8,000,000 for each of fiscal years 2008, 2009,
and 2010; and
‘‘(ii) such sums as are necessary for fiscal year
2011, and each fiscal year thereafter.
‘‘(3) OFFICE OF INSPECTOR GENERAL PERFORMANCE
AUDITS.—
‘‘(A) IN GENERAL.—In order to ensure the effective and
appropriate use of grants administered by the Department,

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the Inspector General of the Department each year shall
conduct audits of a sample of States and high-risk urban
areas that receive grants administered by the Department
to prevent, prepare for, protect against, or respond to natural disasters, acts of terrorism, or other man-made disasters, excluding assistance provided under section 203, title
IV, or title V of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133, 5170 et
seq., and 5191 et seq.).
‘‘(B) DETERMINING SAMPLES.—The sample selected for
audits under subparagraph (A) shall be—
‘‘(i) of an appropriate size to—
‘‘(I) assess the overall integrity of the grant
programs described in subparagraph (A); and
‘‘(II) act as a deterrent to financial mismanagement; and
‘‘(ii) selected based on—
‘‘(I) the size of the grants awarded to the
recipient;
‘‘(II) the past grant management performance
of the recipient;
‘‘(III) concerns identified by the Administrator,
including referrals from the Administrator; and
‘‘(IV) such other factors as determined by the
Inspector General of the Department.
‘‘(C) COMPREHENSIVE AUDITING.—During the 7-year
period beginning on the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of
2007, the Inspector General of the Department shall conduct not fewer than 1 audit of each State that receives
funds under a grant under section 2003 or 2004.
‘‘(D) REPORT BY THE INSPECTOR GENERAL.—
‘‘(i) IN GENERAL.—The Inspector General of the
Department shall submit to the appropriate committees of Congress an annual consolidated report
regarding the audits completed during the fiscal year
before the date of that report.
‘‘(ii) CONTENTS.—Each report submitted under
clause (i) shall describe, for the fiscal year before the
date of that report—
‘‘(I) the audits conducted under subparagraph
(A);
‘‘(II) the findings of the Inspector General with
respect to the audits conducted under subparagraph (A);
‘‘(III) whether the funds awarded were used
in accordance with the law, program guidance,
and State homeland security plans and other
applicable plans; and
‘‘(IV) the extent to which funds awarded
enhanced the ability of a grantee to prevent, prepare for, protect against, and respond to natural
disasters, acts of terrorism and other man-made
disasters.
‘‘(iii) DEADLINE.—For each year, the report
required under clause (i) shall be submitted not later
than December 31.

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121 STAT. 290

‘‘(E) PUBLIC AVAILABILITY ON WEBSITE.—The Inspector
General of the Department shall make each audit conducted under subparagraph (A) available on the website
of the Inspector General, subject to redaction as the
Inspector General determines necessary to protect classified
and other sensitive information.
‘‘(F) PROVISION OF INFORMATION TO ADMINISTRATOR.—
The Inspector General of the Department shall provide
to the Administrator any findings and recommendations
from audits conducted under subparagraph (A).
‘‘(G) EVALUATION OF GRANTS MANAGEMENT AND OVERSIGHT.—Not later than 1 year after the date of enactment
of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General of the Department
shall review and evaluate the grants management and
oversight practices of the Federal Emergency Management
Agency, including assessment of and recommendations
relating to—
‘‘(i) the skills, resources, and capabilities of the
workforce; and
‘‘(ii) any additional resources and staff necessary
to carry out such management and oversight.
‘‘(H) AUTHORIZATION OF APPROPRIATIONS.—In addition
to any other amounts authorized to be appropriated to
the Inspector General of the Department, there are authorized to be appropriated to the Inspector General of the
Department for audits under subparagraph (A)—
‘‘(i) $8,500,000 for each of fiscal years 2008, 2009,
and 2010; and
‘‘(ii) such sums as are necessary for fiscal year
2011, and each fiscal year thereafter.
‘‘(4) PERFORMANCE ASSESSMENT.—In order to ensure that
States and high-risk urban areas are using grants administered
by the Department appropriately to meet target capabilities
and preparedness priorities, the Administrator shall—
‘‘(A) ensure that any such State or high-risk urban
area conducts or participates in exercises under section
648(b) of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 748(b));
‘‘(B) use performance metrics in accordance with the
comprehensive assessment system under section 649 of
the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 749) and ensure that any such State or
high-risk urban area regularly tests its progress against
such metrics through the exercises required under subparagraph (A);
‘‘(C) use the remedial action management program
under section 650 of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 750); and
‘‘(D) ensure that each State receiving a grant administered by the Department submits a report to the Administrator on its level of preparedness, as required by section
652(c) of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 752(c)).
‘‘(5) CONSIDERATION OF ASSESSMENTS.—In conducting program reviews and performance audits under paragraphs (2)
and (3), the Administrator and the Inspector General of the

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Department shall take into account the performance assessment elements required under paragraph (4).
‘‘(6) RECOVERY AUDITS.—The Administrator shall conduct
a recovery audit (as that term is defined by the Director of
the Office of Management and Budget under section 3561 of
title 31, United States Code) for any grant administered by
the Department with a total value of not less than $1,000,000,
if the Administrator finds that—
‘‘(A) a financial audit has identified improper payments
that can be recouped; and
‘‘(B) it is cost effective to conduct a recovery audit
to recapture the targeted funds.
‘‘(7) REMEDIES FOR NONCOMPLIANCE.—
‘‘(A) IN GENERAL.—If, as a result of a review or audit
under this subsection or otherwise, the Administrator finds
that a recipient of a grant under this title has failed to
substantially comply with any provision of law or with
any regulations or guidelines of the Department regarding
eligible expenditures, the Administrator shall—
‘‘(i) reduce the amount of payment of grant funds
to the recipient by an amount equal to the amount
of grants funds that were not properly expended by
the recipient;
‘‘(ii) limit the use of grant funds to programs,
projects, or activities not affected by the failure to
comply;
‘‘(iii) refer the matter to the Inspector General
of the Department for further investigation;
‘‘(iv) terminate any payment of grant funds to be
made to the recipient; or
‘‘(v) take such other action as the Administrator
determines appropriate.
‘‘(B) DURATION OF PENALTY.—The Administrator shall
apply an appropriate penalty under subparagraph (A) until
such time as the Administrator determines that the grant
recipient is in full compliance with the law and with
applicable guidelines or regulations of the Department.
‘‘(b) REPORTS BY GRANT RECIPIENTS.—
‘‘(1) QUARTERLY REPORTS ON HOMELAND SECURITY
SPENDING.—
‘‘(A) IN GENERAL.—As a condition of receiving a grant
under section 2003 or 2004, a State, high-risk urban area,
or directly eligible tribe shall, not later than 30 days after
the end of each Federal fiscal quarter, submit to the
Administrator a report on activities performed using grant
funds during that fiscal quarter.
‘‘(B) CONTENTS.—Each report submitted under
subparagraph (A) shall at a minimum include, for the
applicable State, high-risk urban area, or directly eligible
tribe, and each subgrantee thereof—
‘‘(i) the amount obligated to that recipient under
section 2003 or 2004 in that quarter;
‘‘(ii) the amount of funds received and expended
under section 2003 or 2004 by that recipient in that
quarter; and

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PUBLIC LAW 110–53—AUG. 3, 2007
‘‘(iii) a summary description of expenditures made
by that recipient using such funds, and the purposes
for which such expenditures were made.
‘‘(C) END-OF-YEAR REPORT.—The report submitted
under subparagraph (A) by a State, high-risk urban area,
or directly eligible tribe relating to the last quarter of
any fiscal year shall include—
‘‘(i) the amount and date of receipt of all funds
received under the grant during that fiscal year;
‘‘(ii) the identity of, and amount provided to, any
subgrantee for that grant during that fiscal year;
‘‘(iii) the amount and the dates of disbursements
of all such funds expended in compliance with section
2021(a)(1) or under mutual aid agreements or other
sharing arrangements that apply within the State,
high-risk urban area, or directly eligible tribe, as
applicable, during that fiscal year; and
‘‘(iv) how the funds were used by each recipient
or subgrantee during that fiscal year.
‘‘(2) ANNUAL REPORT.—Any State applying for a grant under
section 2004 shall submit to the Administrator annually a
State preparedness report, as required by section 652(c) of
the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 752(c)).
‘‘(c) REPORTS BY THE ADMINISTRATOR.—
‘‘(1) FEDERAL PREPAREDNESS REPORT.—The Administrator
shall submit to the appropriate committees of Congress
annually the Federal Preparedness Report required under section 652(a) of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 752(a)).
‘‘(2) RISK ASSESSMENT.—
‘‘(A) IN GENERAL.—For each fiscal year, the Administrator shall provide to the appropriate committees of Congress a detailed and comprehensive explanation of the
methodologies used to calculate risk and compute the
allocation of funds for grants administered by the Department, including—
‘‘(i) all variables included in the risk assessment
and the weights assigned to each such variable;
‘‘(ii) an explanation of how each such variable,
as weighted, correlates to risk, and the basis for concluding there is such a correlation; and
‘‘(iii) any change in the methodologies from the
previous fiscal year, including changes in variables
considered, weighting of those variables, and computational methods.
‘‘(B) CLASSIFIED ANNEX.—The information required
under subparagraph (A) shall be provided in unclassified
form to the greatest extent possible, and may include a
classified annex if necessary.
‘‘(C) DEADLINE.—For each fiscal year, the information
required under subparagraph (A) shall be provided on the
earlier of—
‘‘(i) October 31; or
‘‘(ii) 30 days before the issuance of any program
guidance for grants administered by the Department.

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‘‘(3) TRIBAL FUNDING REPORT.—At the end of each fiscal
year, the Administrator shall submit to the appropriate committees of Congress a report setting forth the amount of funding
provided during that fiscal year to Indian tribes under any
grant program administered by the Department, whether provided directly or through a subgrant from a State or highrisk urban area.’’.
SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT
OF 2002.

(a) NATIONAL ADVISORY COUNCIL.—Section 508(b) of the Homeland Security Act of 2002 (6 U.S.C. 318(b)) is amended—
(1) by striking ‘‘The National Advisory’’ the first place
that term appears and inserting the following:
‘‘(1) IN GENERAL.—The National Advisory’’; and
(2) by adding at the end the following:
‘‘(2) CONSULTATION ON GRANTS.—To ensure input from and
coordination with State, local, and tribal governments and
emergency response providers, the Administrator shall regularly consult and work with the National Advisory Council
on the administration and assessment of grant programs
administered by the Department, including with respect to
the development of program guidance and the development
and evaluation of risk-assessment methodologies, as appropriate.’’.
(b) EVACUATION PLANNING.—Section 512(b)(5)(A) of the Homeland Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by
inserting ‘‘, including the elderly’’ after ‘‘needs’’.
SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT REFORM ACT OF 2006.

(a) FUNDING EFFICACY.—Section 652(a)(2) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2))
is amended—
(1) in subparagraph (C), by striking ‘‘and’’ at the end;
(2) in subparagraph (D), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(E) an evaluation of the extent to which grants
administered by the Department, including grants under
title XX of the Homeland Security Act of 2002—
‘‘(i) have contributed to the progress of State, local,
and tribal governments in achieving target capabilities;
and
‘‘(ii) have led to the reduction of risk from natural
disasters, acts of terrorism, or other man-made disasters nationally and in State, local, and tribal jurisdictions.’’.
(b) STATE PREPAREDNESS REPORT.—Section 652(c)(2)(D) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
752(c)(2)(D)) is amended by striking ‘‘an assessment of resource
needs’’ and inserting ‘‘a discussion of the extent to which target
capabilities identified in the applicable State homeland security
plan and other applicable plans remain unmet and an assessment
of resources needed’’.

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SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.

6 USC 591.
6 USC 591 et seq.

6 USC 594.
6 USC 596.

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended—
(1) by redesignating title XVIII, as added by the SAFE
Port Act (Public Law 109–347; 120 Stat. 1884), as title XIX;
(2) by redesignating sections 1801 through 1806, as added
by the SAFE Port Act (Public Law 109–347; 120 Stat. 1884),
as sections 1901 through 1906, respectively;
(3) in section 1904(a), as so redesignated, by striking ‘‘section 1802’’ and inserting ‘‘section 1902’’;
(4) in section 1906, as so redesignated, by striking ‘‘section
1802(a)’’ each place that term appears and inserting ‘‘section
1902(a)’’; and
(5) in the table of contents in section 1(b), by striking
the items relating to title XVIII and sections 1801 through
1806, as added by the SAFE Port Act (Public Law 109–347;
120 Stat. 1884), and inserting the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

1901.
1902.
1903.
1904.
1905.
1906.

‘‘TITLE XIX—DOMESTIC NUCLEAR DETECTION OFFICE
Domestic Nuclear Detection Office.
Mission of Office.
Hiring authority.
Testing authority.
Relationship to other Department entities and Federal agencies.
Contracting and grant making authorities.

‘‘TITLE XX—HOMELAND SECURITY GRANTS
‘‘Sec. 2001. Definitions.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

2002.
2003.
2004.
2005.
2006.
2007.
2008.

‘‘Subtitle A—Grants to States and High-Risk Urban Areas
Homeland Security Grant Programs.
Urban Area Security Initiative.
State Homeland Security Grant Program.
Grants to directly eligible tribes.
Terrorism prevention.
Prioritization.
Use of funds.

‘‘Subtitle B—Grants Administration
‘‘Sec. 2021. Administration and coordination.
‘‘Sec. 2022. Accountability.’’.

TITLE II—EMERGENCY MANAGEMENT
PERFORMANCE GRANTS
SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.

Section 662 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 762) is amended to read as follows:
‘‘SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘program’ means the emergency management
performance grants program described in subsection (b); and
‘‘(2) the term ‘State’ has the meaning given that term
in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).
‘‘(b) IN GENERAL.—The Administrator of the Federal Emergency
Management Agency shall continue implementation of an emergency management performance grants program, to make grants

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to States to assist State, local, and tribal governments in preparing
for all hazards, as authorized by the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
‘‘(c) FEDERAL SHARE.—Except as otherwise specifically provided
by title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the
cost of an activity carried out using funds made available under
the program shall not exceed 50 percent.
‘‘(d) APPORTIONMENT.—For fiscal year 2008, and each fiscal
year thereafter, the Administrator shall apportion the amounts
appropriated to carry out the program among the States as follows:
‘‘(1) BASELINE AMOUNT.—The Administrator shall first
apportion 0.25 percent of such amounts to each of American
Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands and 0.75 percent of such amounts
to each of the remaining States.
‘‘(2) REMAINDER.—The Administrator shall apportion the
remainder of such amounts in the ratio that—
‘‘(A) the population of each State; bears to
‘‘(B) the population of all States.
‘‘(e) CONSISTENCY IN ALLOCATION.—Notwithstanding subsection
(d), in any fiscal year before fiscal year 2013 in which the appropriation for grants under this section is equal to or greater than the
appropriation for emergency management performance grants in
fiscal year 2007, no State shall receive an amount under this
section for that fiscal year less than the amount that State received
in fiscal year 2007.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out the program—
‘‘(1) for fiscal year 2008, $400,000,000;
‘‘(2) for fiscal year 2009, $535,000,000;
‘‘(3) for fiscal year 2010, $680,000,000;
‘‘(4) for fiscal year 2011, $815,000,000; and
‘‘(5) for fiscal year 2012, $950,000,000.’’.

Territories.
States.

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

Section 614 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5196c) is amended to read as
follows:
‘‘SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS
CENTERS.

‘‘(a) GRANTS.—The Administrator of the Federal Emergency
Management Agency may make grants to States under this title
for equipping, upgrading, and constructing State and local emergency operations centers.
‘‘(b) FEDERAL SHARE.—Notwithstanding any other provision of
this title, the Federal share of the cost of an activity carried out
using amounts from grants made under this section shall not exceed
75 percent.’’.

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TITLE
III—ENSURING
COMMUNICATIONS INTEROPERABILITY FOR FIRST
RESPONDERS
SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT
PROGRAM.

(a) ESTABLISHMENT.—Title XVIII of the Homeland Security Act
of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end
the following new section:
6 USC 579.

‘‘SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT
PROGRAM.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish the Interoperable Emergency Communications Grant Program to make
grants to States to carry out initiatives to improve local, tribal,
statewide, regional, national and, where appropriate, international
interoperable emergency communications, including communications in collective response to natural disasters, acts of terrorism,
and other man-made disasters.
‘‘(b) POLICY.—The Director for Emergency Communications
shall ensure that a grant awarded to a State under this section
is consistent with the policies established pursuant to the responsibilities and authorities of the Office of Emergency Communications under this title, including ensuring that activities funded
by the grant—
‘‘(1) comply with the statewide plan for that State required
by section 7303(f) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(f)); and
‘‘(2) comply with the National Emergency Communications
Plan under section 1802, when completed.
‘‘(c) ADMINISTRATION.—
‘‘(1) IN GENERAL.—The Administrator of the Federal Emergency Management Agency shall administer the Interoperable
Emergency Communications Grant Program pursuant to the
responsibilities and authorities of the Administrator under title
V of the Act.
‘‘(2) GUIDANCE.—In administering the grant program, the
Administrator shall ensure that the use of grants is consistent
with guidance established by the Director of Emergency
Communications pursuant to section 7303(a)(1)(H) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)(H)).
‘‘(d) USE OF FUNDS.—A State that receives a grant under this
section shall use the grant to implement that State’s Statewide
Interoperability Plan required under section 7303(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f)) and approved under subsection (e), and to assist with activities determined by the Secretary to be integral to interoperable
emergency communications.
‘‘(e) APPROVAL OF PLANS.—
‘‘(1) APPROVAL AS CONDITION OF GRANT.—Before a State
may receive a grant under this section, the Director of Emergency Communications shall approve the State’s Statewide
Interoperable Communications Plan required under section

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7303(f) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(f)).
‘‘(2) PLAN REQUIREMENTS.—In approving a plan under this
subsection, the Director of Emergency Communications shall
ensure that the plan—
‘‘(A) is designed to improve interoperability at the city,
county, regional, State and interstate level;
‘‘(B) considers any applicable local or regional plan;
and
‘‘(C) complies, to the maximum extent practicable, with
the National Emergency Communications Plan under section 1802.
‘‘(3) APPROVAL OF REVISIONS.—The Director of Emergency
Communications may approve revisions to a State’s plan if
the Director determines that doing so is likely to further interoperability.
‘‘(f) LIMITATIONS ON USES OF FUNDS.—
‘‘(1) IN GENERAL.—The recipient of a grant under this section may not use the grant—
‘‘(A) to supplant State or local funds;
‘‘(B) for any State or local government cost-sharing
contribution; or
‘‘(C) for recreational or social purposes.
‘‘(2) PENALTIES.—In addition to other remedies currently
available, the Secretary may take such actions as necessary
to ensure that recipients of grant funds are using the funds
for the purpose for which they were intended.
‘‘(g) LIMITATIONS ON AWARD OF GRANTS.—
‘‘(1) NATIONAL EMERGENCY COMMUNICATIONS PLAN
REQUIRED.—The Secretary may not award a grant under this
section before the date on which the Secretary completes and
submits to Congress the National Emergency Communications
Plan required under section 1802.
‘‘(2) VOLUNTARY CONSENSUS STANDARDS.—The Secretary
may not award a grant to a State under this section for the
purchase of equipment that does not meet applicable voluntary
consensus standards, unless the State demonstrates that there
are compelling reasons for such purchase.
‘‘(h) AWARD OF GRANTS.—In approving applications and
awarding grants under this section, the Secretary shall consider—
‘‘(1) the risk posed to each State by natural disasters,
acts of terrorism, or other manmade disasters, including—
‘‘(A) the likely need of a jurisdiction within the State
to respond to such risk in nearby jurisdictions;
‘‘(B) the degree of threat, vulnerability, and consequences related to critical infrastructure (from all critical
infrastructure sectors) or key resources identified by the
Administrator or the State homeland security and emergency management plans, including threats to,
vulnerabilities of, and consequences from damage to critical
infrastructure and key resources in nearby jurisdictions;
‘‘(C) the size of the population and density of the population of the State, including appropriate consideration of
military, tourist, and commuter populations;
‘‘(D) whether the State is on or near an international
border;

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‘‘(E) whether the State encompasses an economically
significant border crossing; and
‘‘(F) whether the State has a coastline bordering an
ocean, a major waterway used for interstate commerce,
or international waters; and
‘‘(2) the anticipated effectiveness of the State’s proposed
use of grant funds to improve interoperability.
‘‘(i) OPPORTUNITY TO AMEND APPLICATIONS.—In considering
applications for grants under this section, the Administrator shall
provide applicants with a reasonable opportunity to correct defects
in the application, if any, before making final awards.
‘‘(j) MINIMUM GRANT AMOUNTS.—
‘‘(1) STATES.—In awarding grants under this section, the
Secretary shall ensure that for each fiscal year, except as
provided in paragraph (2), no State receives a grant in an
amount that is less than the following percentage of the total
amount appropriated for grants under this section for that
fiscal year:
‘‘(A) For fiscal year 2008, 0.50 percent.
‘‘(B) For fiscal year 2009, 0.50 percent.
‘‘(C) For fiscal year 2010, 0.45 percent.
‘‘(D) For fiscal year 2011, 0.40 percent.
‘‘(E) For fiscal year 2012 and each subsequent fiscal
year, 0.35 percent.
‘‘(2) TERRITORIES AND POSSESSIONS.—In awarding grants
under this section, the Secretary shall ensure that for each
fiscal year, American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands each
receive grants in amounts that are not less than 0.08 percent
of the total amount appropriated for grants under this section
for that fiscal year.
‘‘(k) CERTIFICATION.—Each State that receives a grant under
this section shall certify that the grant is used for the purpose
for which the funds were intended and in compliance with the
State’s approved Statewide Interoperable Communications Plan.
‘‘(l) STATE RESPONSIBILITIES.—
‘‘(1) AVAILABILITY OF FUNDS TO LOCAL AND TRIBAL GOVERNMENTS.—Not later than 45 days after receiving grant funds,
any State that receives a grant under this section shall obligate
or otherwise make available to local and tribal governments—
‘‘(A) not less than 80 percent of the grant funds;
‘‘(B) with the consent of local and tribal governments,
eligible expenditures having a value of not less than 80
percent of the amount of the grant; or
‘‘(C) grant funds combined with other eligible expenditures having a total value of not less than 80 percent
of the amount of the grant.
‘‘(2) ALLOCATION OF FUNDS.—A State that receives a grant
under this section shall allocate grant funds to tribal governments in the State to assist tribal communities in improving
interoperable communications, in a manner consistent with
the Statewide Interoperable Communications Plan. A State
may not impose unreasonable or unduly burdensome requirements on a tribal government as a condition of providing grant
funds or resources to the tribal government.
‘‘(3) PENALTIES.—If a State violates the requirements of
this subsection, in addition to other remedies available to the

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Secretary, the Secretary may terminate or reduce the amount
of the grant awarded to that State or transfer grant funds
previously awarded to the State directly to the appropriate
local or tribal government.
‘‘(m) REPORTS.—
‘‘(1) ANNUAL REPORTS BY STATE GRANT RECIPIENTS.—A State
that receives a grant under this section shall annually submit
to the Director of Emergency Communications a report on
the progress of the State in implementing that State’s Statewide
Interoperable Communications Plans required under section
7303(f) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(f)) and achieving interoperability
at the city, county, regional, State, and interstate levels. The
Director shall make the reports publicly available, including
by making them available on the Internet website of the Office
of Emergency Communications, subject to any redactions that
the Director determines are necessary to protect classified or
other sensitive information.
‘‘(2) ANNUAL REPORTS TO CONGRESS.—At least once each
year, the Director of Emergency Communications shall submit
to Congress a report on the use of grants awarded under
this section and any progress in implementing Statewide Interoperable Communications Plans and improving interoperability
at the city, county, regional, State, and interstate level, as
a result of the award of such grants.
‘‘(n) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed or interpreted to preclude a State from using a grant
awarded under this section for interim or long-term Internet Protocol-based interoperable solutions.
‘‘(o) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated for grants under this section—
‘‘(1) for fiscal year 2008, such sums as may be necessary;
‘‘(2) for each of fiscal years 2009 through 2012,
$400,000,000; and
‘‘(3) for each subsequent fiscal year, such sums as may
be necessary.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
l(b) of such Act is amended by inserting after the item relating
to section 1808 the following:

Public
information.

‘‘Sec. 1809. Interoperable Emergency Communications Grant Program.’’.

(c) INTEROPERABLE COMMUNICATIONS PLANS.—Section 7303 of
the Intelligence Reform and Terrorist Prevention Act of 2004 (6
U.S.C. 194) is amended—
(1) in subsection (f)—
(A) in paragraph (4), by striking ‘‘and’’ at the end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(6) include information on the governance structure used
to develop the plan, including such information about all agencies and organizations that participated in developing the plan
and the scope and timeframe of the plan; and
‘‘(7) describe the method by which multi-jurisdictional,
multidisciplinary input is provided from all regions of the jurisdiction, including any high-threat urban areas located in the

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6 USC 572.

PUBLIC LAW 110–53—AUG. 3, 2007

jurisdiction, and the process for continuing to incorporate such
input.’’;
(2) in subsection (g)(1), by striking ‘‘or video’’ and inserting
‘‘and video’’.
(d) NATIONAL EMERGENCY COMMUNICATIONS PLAN.—Section
1802(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c))
is amended—
(1) in paragraph (8), by striking ‘‘and’’ at the end;
(2) in paragraph (9), by striking the period at the end
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) set a date, including interim benchmarks, as appropriate, by which State, local, and tribal governments, Federal
departments and agencies, and emergency response providers
expect to achieve a baseline level of national interoperable
communications, as that term is defined under section
7303(g)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(g)(1)).’’.
SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

(a) IN GENERAL.—Title XVIII of the Homeland Security Act
of 2002 (6 U.S.C. 571 et seq.) is amended by adding at the end
the following new section:
6 USC 580.

Canada.
Mexico.

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‘‘SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

‘‘(a) IN GENERAL.—
‘‘(1) ESTABLISHMENT.—The Secretary, acting through the
Director of the Office of Emergency Communications (referred
to in this section as the ‘Director’), and in coordination with
the Federal Communications Commission and the Secretary
of Commerce, shall establish an International Border Community Interoperable Communications Demonstration Project
(referred to in this section as the ‘demonstration project’).
‘‘(2) MINIMUM NUMBER OF COMMUNITIES.—The Director
shall select no fewer than 6 communities to participate in
a demonstration project.
‘‘(3) LOCATION OF COMMUNITIES.—No fewer than 3 of the
communities selected under paragraph (2) shall be located on
the northern border of the United States and no fewer than
3 of the communities selected under paragraph (2) shall be
located on the southern border of the United States.
‘‘(b) CONDITIONS.—The Director, in coordination with the Federal Communications Commission and the Secretary of Commerce,
shall ensure that the project is carried out as soon as adequate
spectrum is available as a result of the 800 megahertz rebanding
process in border areas, and shall ensure that the border projects
do not impair or impede the rebanding process, but under no
circumstances shall funds be distributed under this section unless
the Federal Communications Commission and the Secretary of Commerce agree that these conditions have been met.
‘‘(c) PROGRAM REQUIREMENTS.—Consistent with the responsibilities of the Office of Emergency Communications under section
1801, the Director shall foster local, tribal, State, and Federal
interoperable emergency communications, as well as interoperable
emergency communications with appropriate Canadian and Mexican authorities in the communities selected for the demonstration
project. The Director shall—

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‘‘(1) identify solutions to facilitate interoperable communications across national borders expeditiously;
‘‘(2) help ensure that emergency response providers can
communicate with each other in the event of natural disasters,
acts of terrorism, and other man-made disasters;
‘‘(3) provide technical assistance to enable emergency
response providers to deal with threats and contingencies in
a variety of environments;
‘‘(4) identify appropriate joint-use equipment to ensure
communications access;
‘‘(5) identify solutions to facilitate communications between
emergency response providers in communities of differing population densities; and
‘‘(6) take other actions or provide equipment as the Director
deems appropriate to foster interoperable emergency communications.
‘‘(d) DISTRIBUTION OF FUNDS.—
‘‘(1) IN GENERAL.—The Secretary shall distribute funds
under this section to each community participating in the demonstration project through the State, or States, in which each
community is located.
‘‘(2) OTHER PARTICIPANTS.—A State shall make the funds
available promptly to the local and tribal governments and
emergency response providers selected by the Secretary to
participate in the demonstration project.
‘‘(3) REPORT.—Not later than 90 days after a State receives
funds under this subsection the State shall report to the
Director on the status of the distribution of such funds to
local and tribal governments.
‘‘(e) MAXIMUM PERIOD OF GRANTS.—The Director may not fund
any participant under the demonstration project for more than
3 years.
‘‘(f) TRANSFER OF INFORMATION AND KNOWLEDGE.—The Director
shall establish mechanisms to ensure that the information and
knowledge gained by participants in the demonstration project are
transferred among the participants and to other interested parties,
including other communities that submitted applications to the
participant in the project.
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for grants under this section such sums as
may be necessary.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of that Act is amended by inserting after the item relating
to section 1809 the following:
‘‘Sec. 1810. Border interoperability demonstration project.’’.

TITLE IV—STRENGTHENING USE OF
THE INCIDENT COMMAND SYSTEM
SEC. 401. DEFINITIONS.

(a) IN GENERAL.—Section 501 of the Homeland Security Act
of 2002 (6 U.S.C. 311) is amended—
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively;

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(2) by redesignating paragraphs (4) through (9) as paragraphs (5) through (10), respectively;
(3) by inserting after paragraph (3) the following:
‘‘(4) the terms ‘credentialed’ and ‘credentialing’ mean
having provided, or providing, respectively, documentation that
identifies personnel and authenticates and verifies the qualifications of such personnel by ensuring that such personnel
possess a minimum common level of training, experience, physical and medical fitness, and capability appropriate for a particular position in accordance with standards created under
section 510;’’;
(4) by inserting after paragraph (10), as so redesignated,
the following:
‘‘(11) the term ‘resources’ means personnel and major items
of equipment, supplies, and facilities available or potentially
available for responding to a natural disaster, act of terrorism,
or other man-made disaster;’’;
(5) in paragraph (12), as so redesignated, by striking ‘‘and’’
at the end;
(6) in paragraph (13), as so redesignated, by striking the
period at the end and inserting ‘‘; and’’; and
(7) by adding at the end the following:
‘‘(14) the terms ‘typed’ and ‘typing’ mean having evaluated,
or evaluating, respectively, a resource in accordance with standards created under section 510.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—Section 641
of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 741) is amended—
(1) by redesignating paragraphs (2) through (10) as paragraphs (3) through (11), respectively;
(2) by inserting after paragraph (1) the following:
‘‘(2)
CREDENTIALED;
CREDENTIALING.—The
terms
‘credentialed’ and ‘credentialing’ have the meanings given those
terms in section 501 of the Homeland Security Act of 2002
(6 U.S.C. 311).’’; and
(3) by adding at the end the following:
‘‘(12) RESOURCES.—The term ‘resources’ has the meaning
given that term in section 501 of the Homeland Security Act
of 2002 (6 U.S.C. 311).
‘‘(13) TYPE.—The term ‘type’ means a classification of
resources that refers to the capability of a resource.
‘‘(14) TYPED; TYPING.—The terms ‘typed’ and ‘typing’ have
the meanings given those terms in section 501 of the Homeland
Security Act of 2002 (6 U.S.C. 311).’’.
SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.

Section 648(b)(2)(A) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by
striking clauses (iv) and (v) and inserting the following:
‘‘(iv) designed to provide for the systematic evaluation of readiness and enhance operational understanding of the incident command system and relevant
mutual aid agreements;
‘‘(v) designed to address the unique requirements
of populations with special needs, including the elderly;
and

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‘‘(vi) designed to promptly develop after-action
reports and plans for quickly incorporating lessons
learned into future operations; and’’.
SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.

Section 648(b)(2)(B) of the Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by
striking ‘‘shall provide’’ and all that follows through ‘‘of exercises’’
and inserting the following: ‘‘shall include a selection of model
exercises that State, local, and tribal governments can readily adapt
for use and provide assistance to State, local, and tribal governments with the design, implementation, and evaluation of exercises
(whether a model exercise program or an exercise designed locally)’’.
SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL
FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR PREPAREDNESS.

Section 507(c)(2) of the Homeland Security Act of 2002 (6
U.S.C. 317(c)(2)) is amended—
(1) in subparagraph (H) by striking ‘‘and’’ at the end;
(2) by redesignating subparagraph (I) as subparagraph (K);
and
(3) by inserting after subparagraph (H) the following:
‘‘(I) coordinating with the private sector to help ensure
private sector preparedness for natural disasters, acts of
terrorism, and other man-made disasters;
‘‘(J) assisting State, local, and tribal governments,
where appropriate, to preidentify and evaluate suitable
sites where a multijurisdictional incident command system
may quickly be established and operated from, if the need
for such a system arises; and’’.
SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.

Section 651 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 751) is amended—
(1) in subsection (b)—
(A) in the matter preceding paragraph (1), by striking
‘‘The inventory’’ and inserting ‘‘For each Federal agency
with responsibilities under the National Response Plan,
the inventory’’;
(B) in paragraph (1), by striking ‘‘and’’ at the end;
(C) by redesignating paragraph (2) as paragraph (4);
and
(D) by inserting after paragraph (1) the following:
‘‘(2) a list of personnel credentialed in accordance with
section 510 of the Homeland Security Act of 2002 (6 U.S.C.
320);
‘‘(3) a list of resources typed in accordance with section
510 of the Homeland Security Act of 2002 (6 U.S.C. 320);
and’’; and
(2) in subsection (d)—
(A) in paragraph (1), by striking ‘‘capabilities, readiness’’ and all that follows and inserting the following: ‘‘—
‘‘(A) capabilities;
‘‘(B) readiness;
‘‘(C) the compatibility of equipment;
‘‘(D) credentialed personnel; and
‘‘(E) typed resources;’’;

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(B) in paragraph (2), by inserting ‘‘of capabilities,
credentialed personnel, and typed resources’’ after ‘‘rapid
deployment’’; and
(C) in paragraph (3), by striking ‘‘inventories’’ and
inserting ‘‘the inventory described in subsection (a)’’.

SEC. 406. REPORTING REQUIREMENTS.

Section 652(a)(2) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section
103, is further amended—
(1) in subparagraph (C), by striking ‘‘section 651(a);’’ and
inserting ‘‘section 651, including the number and type of
credentialed personnel in each category of personnel trained
and ready to respond to a natural disaster, act of terrorism,
or other man-made disaster;’’;
(2) in subparagraph (D), by striking ‘‘and’’ at the end;
(3) in subparagraph (E), by striking the period at the
end and inserting ‘‘; and’’; and
(4) by adding at the end the following:
‘‘(F) a discussion of whether the list of credentialed
personnel of the Agency described in section 651(b)(2)—
‘‘(i) complies with the strategic human capital plan
developed under section 10102 of title 5, United States
Code; and
‘‘(ii) is sufficient to respond to a natural disaster,
act of terrorism, or other man-made disaster, including
a catastrophic incident.’’.
SEC. 407. FEDERAL PREPAREDNESS.

Section 653 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 753) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1), by striking
‘‘coordinating, primary, or supporting’’;
(B) in paragraph (2), by inserting ‘‘, including
credentialing of personnel and typing of resources likely
needed to respond to a natural disaster, act of terrorism,
or other man-made disaster in accordance with section
510 of the Homeland Security Act of 2002 (6 U.S.C. 320)’’
before the semicolon at the end;
(C) in paragraph (3), by striking ‘‘and’’ at the end;
(D) in paragraph (4), by striking the period at the
end and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(5) regularly updates, verifies the accuracy of, and provides
to the Administrator the information in the inventory required
under section 651.’’; and
(2) in subsection (d)—
(A) by inserting ‘‘to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of Representatives’’ after ‘‘The President shall certify’’; and
(B) by striking ‘‘coordinating, primary, or supporting’’.
SEC. 408. CREDENTIALING AND TYPING.

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

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121 STAT. 305

(1) by striking ‘‘The Administrator’’ and inserting the following:
‘‘(a) IN GENERAL.—The Administrator’’;
(2) in subsection (a), as so designated, by striking
‘‘credentialing of personnel and typing of’’ and inserting ‘‘for
credentialing and typing of incident management personnel,
emergency response providers, and other personnel (including
temporary personnel) and’’; and
(3) by adding at the end the following:
‘‘(b) DISTRIBUTION.—
‘‘(1) IN GENERAL.—Not later than 1 year after the date
of enactment of the Implementing Recommendations of the
9/11 Commission Act of 2007, the Administrator shall provide
the standards developed under subsection (a), including detailed
written guidance, to—
‘‘(A) each Federal agency that has responsibilities
under the National Response Plan to aid that agency with
credentialing and typing incident management personnel,
emergency response providers, and other personnel
(including temporary personnel) and resources likely
needed to respond to a natural disaster, act of terrorism,
or other man-made disaster; and
‘‘(B) State, local, and tribal governments, to aid such
governments with credentialing and typing of State, local,
and tribal incident management personnel, emergency
response providers, and other personnel (including temporary personnel) and resources likely needed to respond
to a natural disaster, act of terrorism, or other man-made
disaster.
‘‘(2) ASSISTANCE.—The Administrator shall provide expertise and technical assistance to aid Federal, State, local, and
tribal government agencies with credentialing and typing
incident management personnel, emergency response providers,
and other personnel (including temporary personnel) and
resources likely needed to respond to a natural disaster, act
of terrorism, or other man-made disaster.
‘‘(c) CREDENTIALING AND TYPING OF PERSONNEL.—Not later
than 6 months after receiving the standards provided under subsection (b), each Federal agency with responsibilities under the
National Response Plan shall ensure that incident management
personnel, emergency response providers, and other personnel
(including temporary personnel) and resources likely needed to
respond to a natural disaster, act of terrorism, or other manmade
disaster are credentialed and typed in accordance with this section.
‘‘(d) CONSULTATION ON HEALTH CARE STANDARDS.—In developing standards for credentialing health care professionals under
this section, the Administrator shall consult with the Secretary
of Health and Human Services.’’.

Deadline.
Guidance.

Deadline.

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

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

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121 STAT. 306

PUBLIC LAW 110–53—AUG. 3, 2007

6 USC 321k.

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

Deadline.

‘‘(a) IN GENERAL.—Not later than 12 months after the date
of enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, and in coordination with appropriate
national professional organizations, Federal, State, local, and tribal
government agencies, and private-sector and nongovernmental entities, the Administrator shall establish model standards and guidelines for credentialing critical infrastructure workers that may be
used by a State to credential critical infrastructure workers that
may respond to a natural disaster, act of terrorism, or other manmade disaster.
‘‘(b) DISTRIBUTION AND ASSISTANCE.—The Administrator shall
provide the standards developed under subsection (a), including
detailed written guidance, to State, local, and tribal governments,
and provide expertise and technical assistance to aid such governments with credentialing critical infrastructure workers that may
respond to a natural disaster, act of terrorism, or other manmade
disaster.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101(b)) is amended by inserting after the item relating
to section 521 the following:
‘‘Sec. 522. Model standards and guidelines for critical infrastructure workers.’’.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.

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

TITLE V—IMPROVING INTELLIGENCE
AND INFORMATION SHARING WITHIN
THE FEDERAL GOVERNMENT AND
WITH STATE, LOCAL, AND TRIBAL
GOVERNMENTS
Subtitle A—Homeland Security
Information Sharing Enhancement
SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION
SHARING.

(a) ADVISORY SYSTEM AND INFORMATION SHARING.—
(1) IN GENERAL.—Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
6 USC 124.

‘‘SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

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

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 307

‘‘(b) REQUIRED ELEMENTS.—In administering the Homeland
Security Advisory System, the Secretary shall—
‘‘(1) establish criteria for the issuance and revocation of
such advisories or warnings;
‘‘(2) develop a methodology, relying on the criteria established under paragraph (1), for the issuance and revocation
of such advisories or warnings;
‘‘(3) provide, in each such advisory or warning, specific
information and advice regarding appropriate protective measures and countermeasures that may be taken in response to
the threat or risk, at the maximum level of detail practicable
to enable individuals, government entities, emergency response
providers, and the private sector to act appropriately;
‘‘(4) whenever possible, limit the scope of each such advisory
or warning to a specific region, locality, or economic sector
believed to be under threat or at risk; and
‘‘(5) not, in issuing any advisory or warning, use color
designations as the exclusive means of specifying homeland
security threat conditions that are the subject of the advisory
or warning.
‘‘SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

‘‘(a) INFORMATION SHARING.—Consistent with section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485), the Secretary, acting through the Under Secretary
for Intelligence and Analysis, shall integrate the information and
standardize the format of the products of the intelligence components of the Department containing homeland security information,
terrorism information, weapons of mass destruction information,
or national intelligence (as defined in section 3(5) of the National
Security Act of 1947 (50 U.S.C. 401a(5))) except for any internal
security protocols or personnel information of such intelligence
components, or other administrative processes that are administered by any chief security officer of the Department.
‘‘(b) INFORMATION SHARING AND KNOWLEDGE MANAGEMENT
OFFICERS.—For each intelligence component of the Department,
the Secretary shall designate an information sharing and knowledge
management officer who shall report to the Under Secretary for
Intelligence and Analysis regarding coordinating the different systems used in the Department to gather and disseminate homeland
security information or national intelligence (as defined in section
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))).
‘‘(c) STATE, LOCAL, AND PRIVATE-SECTOR SOURCES OF INFORMATION.—
‘‘(1) ESTABLISHMENT OF BUSINESS PROCESSES.—The Secretary, acting through the Under Secretary for Intelligence
and Analysis or the Assistant Secretary for Infrastructure
Protection, as appropriate, shall—
‘‘(A) establish Department-wide procedures for the
review and analysis of information provided by State, local,
and tribal governments and the private sector;
‘‘(B) as appropriate, integrate such information into
the information gathered by the Department and other
departments and agencies of the Federal Government; and
‘‘(C) make available such information, as appropriate,
within the Department and to other departments and agencies of the Federal Government.

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Criteria.

6 USC 124a.

Procedures.

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121 STAT. 308

‘‘(2) FEEDBACK.—The Secretary shall develop mechanisms
to provide feedback regarding the analysis and utility of
information provided by any entity of State, local, or tribal
government or the private sector that provides such information
to the Department.
‘‘(d) TRAINING AND EVALUATION OF EMPLOYEES.—
‘‘(1) TRAINING.—The Secretary, acting through the Under
Secretary for Intelligence and Analysis or the Assistant Secretary for Infrastructure Protection, as appropriate, shall provide to employees of the Department opportunities for training
and education to develop an understanding of—
‘‘(A) the definitions of homeland security information
and national intelligence (as defined in section 3(5) of the
National Security Act of 1947 (50 U.S.C. 401a(5))); and
‘‘(B) how information available to such employees as
part of their duties—
‘‘(i) might qualify as homeland security information
or national intelligence; and
‘‘(ii) might be relevant to the Office of Intelligence
and Analysis and the intelligence components of the
Department.
‘‘(2) EVALUATIONS.—The Under Secretary for Intelligence
and Analysis shall—
‘‘(A) on an ongoing basis, evaluate how employees of
the Office of Intelligence and Analysis and the intelligence
components of the Department are utilizing homeland security information or national intelligence, sharing information within the Department, as described in this title, and
participating in the information sharing environment established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
‘‘(B) provide to the appropriate component heads regular reports regarding the evaluations under subparagraph
(A).

Reports.

6 USC 124b.

PUBLIC LAW 110–53—AUG. 3, 2007

‘‘SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK
ARCHITECTURE.

‘‘(a) ESTABLISHMENT.—The Secretary, acting through the Under
Secretary for Intelligence and Analysis, shall establish, consistent
with the policies and procedures developed under section 1016
of the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485), and consistent with the enterprise architecture
of the Department, a comprehensive information technology network architecture for the Office of Intelligence and Analysis that
connects the various databases and related information technology
assets of the Office of Intelligence and Analysis and the intelligence
components of the Department in order to promote internal information sharing among the intelligence and other personnel of the
Department.
‘‘(b) COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK
ARCHITECTURE DEFINED.—The term ‘comprehensive information
technology network architecture’ means an integrated framework
for evolving or maintaining existing information technology and
acquiring new information technology to achieve the strategic
management and information resources management goals of the
Office of Intelligence and Analysis.

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 309

‘‘SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.

6 USC 124c.

‘‘(a) GUIDANCE.—All activities to comply with sections 203, 204,
and 205 shall be—
‘‘(1) consistent with any policies, guidelines, procedures,
instructions, or standards established under section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485);
‘‘(2) implemented in coordination with, as appropriate, the
program manager for the information sharing environment
established under that section;
‘‘(3) consistent with any applicable guidance issued by the
Director of National Intelligence; and
‘‘(4) consistent with any applicable guidance issued by the
Secretary relating to the protection of law enforcement information or proprietary information.
‘‘(b) CONSULTATION.—In carrying out the duties and responsibilities under this subtitle, the Under Secretary for Intelligence and
Analysis shall take into account the views of the heads of the
intelligence components of the Department.’’.
(2) TECHNICAL AND CONFORMING AMENDMENTS.—
(A) IN GENERAL.—Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is amended—
(i) by striking paragraph (7); and
(ii) by redesignating paragraphs (8) through (19)
as paragraphs (7) through (18), respectively.
(B) TABLE OF CONTENTS.—The table of contents in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended by inserting after the item relating
to section 202 the following:
‘‘Sec.
‘‘Sec.
‘‘Sec.
‘‘Sec.

203.
204.
205.
206.

Homeland Security Advisory System.
Homeland security information sharing.
Comprehensive information technology network architecture.
Coordination with information sharing environment.’’.

(b) OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF
INFRASTRUCTURE PROTECTION.—Section 201(d) of the Homeland
Security Act of 2002 (6 U.S.C. 121(d)) is amended—
(1) in paragraph (1), by inserting ‘‘, in support of the
mission responsibilities of the Department and the functions
of the National Counterterrorism Center established under section 119 of the National Security Act of 1947 (50 U.S.C. 404o),’’
after ‘‘and to integrate such information’’; and
(2) by striking paragraph (7), as redesignated by subsection
(a)(2)(A)(ii) of this section, and inserting the following:
‘‘(7) To review, analyze, and make recommendations for
improvements to the policies and procedures governing the
sharing of information within the scope of the information
sharing environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485), including homeland security information, terrorism
information, and weapons of mass destruction information, and
any policies, guidelines, procedures, instructions, or standards
established under that section.’’.
(c) REPORT ON COMPREHENSIVE INFORMATION TECHNOLOGY
NETWORK ARCHITECTURE.—Not later than 120 days after the date
of enactment of this Act, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security and Governmental

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121 STAT. 310

PUBLIC LAW 110–53—AUG. 3, 2007

Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives a report on the progress of the
Secretary in developing the comprehensive information technology
network architecture required under section 205 of the Homeland
Security Act of 2002, as added by subsection (a). The report shall
include—
(1) a description of the priorities for the development of
the comprehensive information technology network architecture
and a rationale for such priorities;
(2) an explanation of how the various components of the
comprehensive information technology network architecture
will work together and interconnect;
(3) a description of the technological challenges that the
Secretary expects the Office of Intelligence and Analysis will
face in implementing the comprehensive information technology
network architecture;
(4) a description of the technological options that are available or are in development that may be incorporated into the
comprehensive information technology network architecture,
the feasibility of incorporating such options, and the advantages
and disadvantages of doing so;
(5) an explanation of any security protections to be developed as part of the comprehensive information technology network architecture;
(6) a description of safeguards for civil liberties and privacy
to be built into the comprehensive information technology network architecture; and
(7) an operational best practices plan.
SEC. 502. INTELLIGENCE COMPONENT DEFINED.

(a) IN GENERAL.—Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended—
(1) by redesignating paragraphs (9) through (16) as paragraphs (10) through (17), respectively; and
(2) by inserting after paragraph (8) the following:
‘‘(9) The term ‘intelligence component of the Department’
means any element or entity of the Department that collects,
gathers, processes, analyzes, produces, or disseminates intelligence information within the scope of the information sharing
environment, including homeland security information, terrorism information, and weapons of mass destruction information, or national intelligence, as defined under section 3(5)
of the National Security Act of 1947 (50 U.S.C. 401a(5)),
except—
‘‘(A) the United States Secret Service; and
‘‘(B) the Coast Guard, when operating under the direct
authority of the Secretary of Defense or Secretary of the
Navy pursuant to section 3 of title 14, United States Code,
except that nothing in this paragraph shall affect or
diminish the authority and responsibilities of the Commandant of the Coast Guard to command or control the
Coast Guard as an armed force or the authority of the
Director of National Intelligence with respect to the Coast
Guard as an element of the intelligence community (as
defined under section 3(4) of the National Security Act
of 1947 (50 U.S.C. 401a(4)).’’.

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 311

(b) RECEIPT OF INFORMATION FROM UNITED STATES SECRET
SERVICE.—
(1) IN GENERAL.—The Under Secretary for Intelligence and
Analysis shall receive from the United States Secret Service
homeland security information, terrorism information, weapons
of mass destruction information (as these terms are defined
in Section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485)), or national intelligence,
as defined in Section 3(5) of the National Security Act of 1947
(50 U.S.C. 401a(5)), as well as suspect information obtained
in criminal investigations. The United States Secret Service
shall cooperate with the Under Secretary for Intelligence and
Analysis with respect to activities under sections 204 and 205
of the Homeland Security Act of 2002.
(2) SAVINGS CLAUSE.—Nothing in this Act shall interfere
with the operation of Section 3056(g) of Title 18, United States
Code, or with the authority of the Secretary of Homeland Security or the Director of the United States Secret Service
regarding the budget of the United States Secret Service.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) HOMELAND SECURITY ACT OF 2002.—Paragraph (13) of
section 501 of the Homeland Security Act of 2002 (6 U.S.C.
311), as redesignated by section 401, is amended by striking
‘‘section 2(10)(B)’’ and inserting ‘‘section 2(11)(B)’’.
(2) OTHER LAW.—Section 712(a) of title 14, United States
Code, is amended by striking ‘‘section 2(15) of the Homeland
Security Act of 2002 (6 U.S.C. 101(15))’’ and inserting ‘‘section
2(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16))’’.

6 USC 124a note.

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

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security
Act of 2002 is further amended by adding at the end the following:
‘‘SEC. 207. INTELLIGENCE COMPONENTS.

6 USC 124d.

‘‘Subject to the direction and control of the Secretary, and
consistent with any applicable guidance issued by the Director
of National Intelligence, the responsibilities of the head of each
intelligence component of the Department are as follows:
‘‘(1) To ensure that the collection, processing, analysis,
and dissemination of information within the scope of the
information sharing environment, including homeland security
information, terrorism information, weapons of mass destruction information, and national intelligence (as defined in section
3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))),
are carried out effectively and efficiently in support of the
intelligence mission of the Department, as led by the Under
Secretary for Intelligence and Analysis.
‘‘(2) To otherwise support and implement the intelligence
mission of the Department, as led by the Under Secretary
for Intelligence and Analysis.
‘‘(3) To incorporate the input of the Under Secretary for
Intelligence and Analysis with respect to performance
appraisals, bonus or award recommendations, pay adjustments,
and other forms of commendation.
‘‘(4) To coordinate with the Under Secretary for Intelligence
and Analysis in developing policies and requirements for the

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121 STAT. 312

PUBLIC LAW 110–53—AUG. 3, 2007
recruitment and selection of intelligence officials of the intelligence component.
‘‘(5) To advise and coordinate with the Under Secretary
for Intelligence and Analysis on any plan to reorganize or
restructure the intelligence component that would, if implemented, result in realignments of intelligence functions.
‘‘(6) To ensure that employees of the intelligence component
have knowledge of, and comply with, the programs and policies
established by the Under Secretary for Intelligence and Analysis and other appropriate officials of the Department and
that such employees comply with all applicable laws and regulations.
‘‘(7) To perform such other activities relating to such
responsibilities as the Secretary may provide.

6 USC 124e.

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

‘‘The Secretary shall provide training and guidance for
employees, officials, and senior executives of the intelligence components of the Department to develop knowledge of laws, regulations,
operations, policies, procedures, and programs that are related to
the functions of the Department relating to the collection, processing, analysis, and dissemination of information within the scope
of the information sharing environment, including homeland security information, terrorism information, and weapons of mass
destruction information, or national intelligence (as defined in section 3(5) of the National Security Act of 1947 (50 U.S.C. 401a(5))).
6 USC 124f.

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

‘‘(a) CURRICULUM.—The Secretary, acting through the Under
Secretary for Intelligence and Analysis, shall—
‘‘(1) develop a curriculum for training State, local, and
tribal government officials, including law enforcement officers,
intelligence analysts, and other emergency response providers,
in the intelligence cycle and Federal laws, practices, and regulations regarding the development, handling, and review of intelligence and other information; and
‘‘(2) ensure that the curriculum includes executive level
training for senior level State, local, and tribal law enforcement
officers, intelligence analysts, and other emergency response
providers.
‘‘(b) TRAINING.—To the extent possible, the Federal Law
Enforcement Training Center and other existing Federal entities
with the capacity and expertise to train State, local, and tribal
government officials based on the curriculum developed under subsection (a) shall be used to carry out the training programs created
under this section. If such entities do not have the capacity,
resources, or capabilities to conduct such training, the Secretary
may approve another entity to conduct such training.
‘‘(c) CONSULTATION.—In carrying out the duties described in
subsection (a), the Under Secretary for Intelligence and Analysis
shall consult with the Director of the Federal Law Enforcement
Training Center, the Attorney General, the Director of National
Intelligence, the Administrator of the Federal Emergency Management Agency, and other appropriate parties, such as private
industry, institutions of higher education, nonprofit institutions,
and other intelligence agencies of the Federal Government.

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 313

‘‘SEC. 210. INFORMATION SHARING INCENTIVES.

6 USC 124g.

‘‘(a) AWARDS.—In making cash awards under chapter 45 of
title 5, United States Code, the President or the head of an agency,
in consultation with the program manager designated under section
1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485), may consider the success of an employee
in appropriately sharing information within the scope of the
information sharing environment established under that section,
including homeland security information, terrorism information,
and weapons of mass destruction information, or national intelligence (as defined in section 3(5) of the National Security Act
of 1947 (50 U.S.C. 401a(5)), in a manner consistent with any policies, guidelines, procedures, instructions, or standards established
by the President or, as appropriate, the program manager of that
environment for the implementation and management of that
environment.
‘‘(b) OTHER INCENTIVES.—The head of each department or
agency described in section 1016(i) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation
with the program manager designated under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485), shall adopt best practices regarding effective ways to educate
and motivate officers and employees of the Federal Government
to participate fully in the information sharing environment,
including—
‘‘(1) promotions and other nonmonetary awards; and
‘‘(2) publicizing information sharing accomplishments by
individual employees and, where appropriate, the tangible end
benefits that resulted.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended further by inserting after the item relating to section
206 the following:
‘‘Sec. 207. Intelligence components.
‘‘Sec. 208. Training for employees of intelligence components.
‘‘Sec. 209. Intelligence training development for State and local government officials.
‘‘Sec. 210. Information sharing incentives.’’.
SEC. 504. INFORMATION SHARING.

Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) is amended—
(1) in subsection (a)—
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(B) by inserting before paragraph (2), as so redesignated, the following:
‘‘(1) HOMELAND SECURITY INFORMATION.—The term ‘homeland security information’ has the meaning given that term
in section 892(f) of the Homeland Security Act of 2002 (6
U.S.C. 482(f)).’’;
(C) by striking paragraph (3), as so redesignated, and
inserting the following:
‘‘(3) INFORMATION SHARING ENVIRONMENT.—The terms
‘information sharing environment’ and ‘ISE’ mean an approach
that facilitates the sharing of terrorism and homeland security
information, which may include any method determined necessary and appropriate for carrying out this section.’’;

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(D) by striking paragraph (5), as so redesignated, and
inserting the following:
‘‘(5) TERRORISM INFORMATION.—The term ‘terrorism
information’—
‘‘(A) means all information, whether collected, produced, or distributed by intelligence, law enforcement, military, homeland security, or other activities relating to—
‘‘(i) the existence, organization, capabilities, plans,
intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international terrorist groups or individuals, or of domestic groups or
individuals involved in transnational terrorism;
‘‘(ii) threats posed by such groups or individuals
to the United States, United States persons, or United
States interests, or to those of other nations;
‘‘(iii) communications of or by such groups or
individuals; or
‘‘(iv) groups or individuals reasonably believed to
be assisting or associated with such groups or individuals; and
‘‘(B) includes weapons of mass destruction information.’’; and
(E) by adding at the end the following:
‘‘(6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The
term ‘weapons of mass destruction information’ means information that could reasonably be expected to assist in the development, proliferation, or use of a weapon of mass destruction
(including a chemical, biological, radiological, or nuclear
weapon) that could be used by a terrorist or a terrorist organization against the United States, including information about
the location of any stockpile of nuclear materials that could
be exploited for use in such a weapon that could be used
by a terrorist or a terrorist organization against the United
States.’’;
(2) in subsection (b)(2)—
(A) in subparagraph (H), by striking ‘‘and’’ at the end;
(B) in subparagraph (I), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
‘‘(J) integrates the information within the scope of the
information sharing environment, including any such
information in legacy technologies;
‘‘(K) integrates technologies, including all legacy technologies, through Internet-based services, consistent with
appropriate security protocols and safeguards, to enable
connectivity among required users at the Federal, State,
and local levels;
‘‘(L) allows the full range of analytic and operational
activities without the need to centralize information within
the scope of the information sharing environment;
‘‘(M) permits analysts to collaborate both independently
and in a group (commonly known as ‘collective and noncollective collaboration’), and across multiple levels of
national security information and controlled unclassified
information;
‘‘(N) provides a resolution process that enables changes
by authorized officials regarding rules and policies for the

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access, use, and retention of information within the scope
of the information sharing environment; and
‘‘(O) incorporates continuous, real-time, and immutable
audit capabilities, to the maximum extent practicable.’’;
(3) in subsection (f)—
(A) in paragraph (1)—
(i) by striking ‘‘during the two-year period beginning on the date of designation under this paragraph
unless sooner removed from service and replaced’’ and
inserting ‘‘until removed from service or replaced’’; and
(ii) by striking ‘‘The program manager shall have
and exercise governmentwide authority.’’ and inserting
‘‘The program manager, in consultation with the head
of any affected department or agency, shall have and
exercise governmentwide authority over the sharing
of information within the scope of the information
sharing environment, including homeland security
information, terrorism information, and weapons of
mass destruction information, by all Federal departments, agencies, and components, irrespective of the
Federal department, agency, or component in which
the program manager may be administratively located,
except as otherwise expressly provided by law.’’; and
(B) in paragraph (2)(A)—
(i) by redesignating clause (iii) as clause (v); and
(ii) by striking clause (ii) and inserting the following:
‘‘(ii) assist in the development of policies, as appropriate, to foster the development and proper operation
of the ISE;
‘‘(iii) consistent with the direction and policies
issued by the President, the Director of National Intelligence, and the Director of the Office of Management
and Budget, issue governmentwide procedures, guidelines, instructions, and functional standards, as appropriate, for the management, development, and proper
operation of the ISE;
‘‘(iv) identify and resolve information sharing disputes between Federal departments, agencies, and
components; and’’;
(4) in subsection (g)—
(A) in paragraph (1), by striking ‘‘during the two-year
period beginning on the date of the initial designation
of the program manager by the President under subsection
(f)(1), unless sooner removed from service and replaced’’
and inserting ‘‘until removed from service or replaced’’;
(B) in paragraph (2)—
(i) in subparagraph (F), by striking ‘‘and’’ at the
end;
(ii) by redesignating subparagraph (G) as subparagraph (I); and
(iii) by inserting after subparagraph (F) the following:
‘‘(G) assist the program manager in identifying and
resolving information sharing disputes between Federal
departments, agencies, and components;

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121 STAT. 316

‘‘(H) identify appropriate personnel for assignment to
the program manager to support staffing needs identified
by the program manager; and’’;
(C) in paragraph (4), by inserting ‘‘(including any subsidiary group of the Information Sharing Council)’’ before
‘‘shall not be subject’’; and
(D) by adding at the end the following:
‘‘(5) DETAILEES.—Upon a request by the Director of
National Intelligence, the departments and agencies represented on the Information Sharing Council shall detail to
the program manager, on a reimbursable basis, appropriate
personnel identified under paragraph (2)(H).’’;
(5) in subsection (h)(1), by striking ‘‘and annually thereafter’’ and inserting ‘‘and not later than June 30 of each year
thereafter’’; and
(6) by striking subsection (j) and inserting the following:
‘‘(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.—
‘‘(1) IN GENERAL.—Not later than 180 days after the date
of enactment of the Implementing Recommendations of the
9/11 Commission Act of 2007, the President shall report to
the Committee on Homeland Security and Governmental
Affairs of the Senate, the Select Committee on Intelligence
of the Senate, the Committee on Homeland Security of the
House of Representatives, and the Permanent Select Committee
on Intelligence of the House of Representatives on the feasibility
of—
‘‘(A) eliminating the use of any marking or process
(including ‘Originator Control’) intended to, or having the
effect of, restricting the sharing of information within the
scope of the information sharing environment, including
homeland security information, terrorism information, and
weapons of mass destruction information, between and
among participants in the information sharing environment, unless the President has—
‘‘(i) specifically exempted categories of information
from such elimination; and
‘‘(ii) reported that exemption to the committees
of Congress described in the matter preceding this
subparagraph; and
‘‘(B) continuing to use Federal agency standards in
effect on such date of enactment for the collection, sharing,
and access to information within the scope of the information sharing environment, including homeland security
information, terrorism information, and weapons of mass
destruction information, relating to citizens and lawful
permanent residents;
‘‘(C) replacing the standards described in subparagraph
(B) with a standard that would allow mission-based or
threat-based permission to access or share information
within the scope of the information sharing environment,
including homeland security information, terrorism
information, and weapons of mass destruction information,
for a particular purpose that the Federal Government,
through an appropriate process established in consultation
with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully

President.

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permissible for a particular agency, component, or employee
(commonly known as an ‘authorized use’ standard); and
‘‘(D) the use of anonymized data by Federal departments, agencies, or components collecting, possessing,
disseminating, or handling information within the scope
of the information sharing environment, including homeland security information, terrorism information, and
weapons of mass destruction information, in any cases
in which—
‘‘(i) the use of such information is reasonably
expected to produce results materially equivalent to
the use of information that is transferred or stored
in a non-anonymized form; and
‘‘(ii) such use is consistent with any mission of
that department, agency, or component (including any
mission under a Federal statute or directive of the
President) that involves the storage, retention, sharing,
or exchange of personally identifiable information.
‘‘(2) DEFINITION.—In this subsection, the term ‘anonymized
data’ means data in which the individual to whom the data
pertains is not identifiable with reasonable efforts, including
information that has been encrypted or hidden through the
use of other technology.
‘‘(k) ADDITIONAL POSITIONS.—The program manager is authorized to hire not more than 40 full-time employees to assist the
program manager in—
‘‘(1) activities associated with the implementation of the
information sharing environment, including—
‘‘(A) implementing the requirements under subsection
(b)(2); and
‘‘(B) any additional implementation initiatives to
enhance and expedite the creation of the information
sharing environment; and
‘‘(2) identifying and resolving information sharing disputes
between Federal departments, agencies, and components under
subsection (f)(2)(A)(iv).
‘‘(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $30,000,000 for each
of fiscal years 2008 and 2009.’’.

Subtitle B—Homeland Security
Information Sharing Partnerships
SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND
REGIONAL FUSION CENTER INITIATIVE.

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding
at the end the following:
‘‘SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL,
AND REGIONAL FUSION CENTER INITIATIVE.

6 USC 124h.

‘‘(a) ESTABLISHMENT.—The Secretary, in consultation with the
program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485), the Attorney General, the
Privacy Officer of the Department, the Officer for Civil Rights

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and Civil Liberties of the Department, and the Privacy and Civil
Liberties Oversight Board established under section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C.
601 note), shall establish a Department of Homeland Security State,
Local, and Regional Fusion Center Initiative to establish partnerships with State, local, and regional fusion centers.
‘‘(b) DEPARTMENT SUPPORT AND COORDINATION.—Through the
Department of Homeland Security State, Local, and Regional Fusion
Center Initiative, and in coordination with the principal officials
of participating State, local, or regional fusion centers and the
officers designated as the Homeland Security Advisors of the States,
the Secretary shall—
‘‘(1) provide operational and intelligence advice and assistance to State, local, and regional fusion centers;
‘‘(2) support efforts to include State, local, and regional
fusion centers into efforts to establish an information sharing
environment;
‘‘(3) conduct tabletop and live training exercises to regularly
assess the capability of individual and regional networks of
State, local, and regional fusion centers to integrate the efforts
of such networks with the efforts of the Department;
‘‘(4) coordinate with other relevant Federal entities engaged
in homeland security-related activities;
‘‘(5) provide analytic and reporting advice and assistance
to State, local, and regional fusion centers;
‘‘(6) review information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, that is gathered by State, local, and regional fusion
centers, and to incorporate such information, as appropriate,
into the Department’s own such information;
‘‘(7) provide management assistance to State, local, and
regional fusion centers;
‘‘(8) serve as a point of contact to ensure the dissemination
of information within the scope of the information sharing
environment, including homeland security information, terrorism information, and weapons of mass destruction information;
‘‘(9) facilitate close communication and coordination
between State, local, and regional fusion centers and the
Department;
‘‘(10) provide State, local, and regional fusion centers with
expertise on Department resources and operations;
‘‘(11) provide training to State, local, and regional fusion
centers and encourage such fusion centers to participate in
terrorism threat-related exercises conducted by the Department; and
‘‘(12) carry out such other duties as the Secretary determines are appropriate.
‘‘(c) PERSONNEL ASSIGNMENT.—
‘‘(1) IN GENERAL.—The Under Secretary for Intelligence
and Analysis shall, to the maximum extent practicable, assign
officers and intelligence analysts from components of the
Department to participating State, local, and regional fusion
centers.
‘‘(2) PERSONNEL SOURCES.—Officers and intelligence
analysts assigned to participating fusion centers under this

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subsection may be assigned from the following Department
components, in coordination with the respective component
head and in consultation with the principal officials of participating fusion centers:
‘‘(A) Office of Intelligence and Analysis.
‘‘(B) Office of Infrastructure Protection.
‘‘(C) Transportation Security Administration.
‘‘(D) United States Customs and Border Protection.
‘‘(E) United States Immigration and Customs Enforcement.
‘‘(F) United States Coast Guard.
‘‘(G) Other components of the Department, as determined by the Secretary.
‘‘(3) QUALIFYING CRITERIA.—
‘‘(A) IN GENERAL.—The Secretary shall develop qualifying criteria for a fusion center to participate in the
assigning of Department officers or intelligence analysts
under this section.
‘‘(B) CRITERIA.—Any criteria developed under subparagraph (A) may include—
‘‘(i) whether the fusion center, through its mission
and governance structure, focuses on a broad
counterterrorism approach, and whether that broad
approach is pervasive through all levels of the
organization;
‘‘(ii) whether the fusion center has sufficient numbers of adequately trained personnel to support a broad
counterterrorism mission;
‘‘(iii) whether the fusion center has—
‘‘(I) access to relevant law enforcement, emergency response, private sector, open source, and
national security data; and
‘‘(II) the ability to share and analytically utilize that data for lawful purposes;
‘‘(iv) whether the fusion center is adequately
funded by the State, local, or regional government
to support its counterterrorism mission; and
‘‘(v) the relevancy of the mission of the fusion
center to the particular source component of Department officers or intelligence analysts.
‘‘(4) PREREQUISITE.—
‘‘(A) INTELLIGENCE ANALYSIS, PRIVACY, AND CIVIL LIBERTIES TRAINING.—Before being assigned to a fusion center
under this section, an officer or intelligence analyst shall
undergo—
‘‘(i) appropriate intelligence analysis or information
sharing training using an intelligence-led policing curriculum that is consistent with—
‘‘(I) standard training and education programs
offered to Department law enforcement and intelligence personnel; and
‘‘(II) the Criminal Intelligence Systems Operating Policies under part 23 of title 28, Code of
Federal Regulations (or any corresponding similar
rule or regulation);

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‘‘(ii) appropriate privacy and civil liberties training
that is developed, supported, or sponsored by the Privacy Officer appointed under section 222 and the
Officer for Civil Rights and Civil Liberties of the
Department, in consultation with the Privacy and Civil
Liberties Oversight Board established under section
1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601 note); and
‘‘(iii) such other training prescribed by the Under
Secretary for Intelligence and Analysis.
‘‘(B) PRIOR WORK EXPERIENCE IN AREA.—In determining
the eligibility of an officer or intelligence analyst to be
assigned to a fusion center under this section, the Under
Secretary for Intelligence and Analysis shall consider the
familiarity of the officer or intelligence analyst with the
State, locality, or region, as determined by such factors
as whether the officer or intelligence analyst—
‘‘(i) has been previously assigned in the geographic
area; or
‘‘(ii) has previously worked with intelligence officials or law enforcement or other emergency response
providers from that State, locality, or region.
‘‘(5) EXPEDITED SECURITY CLEARANCE PROCESSING.—The
Under Secretary for Intelligence and Analysis—
‘‘(A) shall ensure that each officer or intelligence
analyst assigned to a fusion center under this section has
the appropriate security clearance to contribute effectively
to the mission of the fusion center; and
‘‘(B) may request that security clearance processing
be expedited for each such officer or intelligence analyst
and may use available funds for such purpose.
‘‘(6) FURTHER QUALIFICATIONS.—Each officer or intelligence
analyst assigned to a fusion center under this section shall
satisfy any other qualifications the Under Secretary for Intelligence and Analysis may prescribe.
‘‘(d) RESPONSIBILITIES.—An officer or intelligence analyst
assigned to a fusion center under this section shall—
‘‘(1) assist law enforcement agencies and other emergency
response providers of State, local, and tribal governments and
fusion center personnel in using information within the scope
of the information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information, to develop a comprehensive and
accurate threat picture;
‘‘(2) review homeland security-relevant information from
law enforcement agencies and other emergency response providers of State, local, and tribal government;
‘‘(3) create intelligence and other information products
derived from such information and other homeland securityrelevant information provided by the Department; and
‘‘(4) assist in the dissemination of such products, as coordinated by the Under Secretary for Intelligence and Analysis,
to law enforcement agencies and other emergency response
providers of State, local, and tribal government, other fusion
centers, and appropriate Federal agencies.
‘‘(e) BORDER INTELLIGENCE PRIORITY.—

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‘‘(1) IN GENERAL.—The Secretary shall make it a priority
to assign officers and intelligence analysts under this section
from United States Customs and Border Protection, United
States Immigration and Customs Enforcement, and the Coast
Guard to participating State, local, and regional fusion centers
located in jurisdictions along land or maritime borders of the
United States in order to enhance the integrity of and security
at such borders by helping Federal, State, local, and tribal
law enforcement authorities to identify, investigate, and otherwise interdict persons, weapons, and related contraband that
pose a threat to homeland security.
‘‘(2) BORDER INTELLIGENCE PRODUCTS.—When performing
the responsibilities described in subsection (d), officers and
intelligence analysts assigned to participating State, local, and
regional fusion centers under this section shall have, as a
primary responsibility, the creation of border intelligence products that—
‘‘(A) assist State, local, and tribal law enforcement
agencies in deploying their resources most efficiently to
help detect and interdict terrorists, weapons of mass
destruction, and related contraband at land or maritime
borders of the United States;
‘‘(B) promote more consistent and timely sharing of
border security-relevant information among jurisdictions
along land or maritime borders of the United States; and
‘‘(C) enhance the Department’s situational awareness
of the threat of acts of terrorism at or involving the land
or maritime borders of the United States.
‘‘(f) DATABASE ACCESS.—In order to fulfill the objectives
described under subsection (d), each officer or intelligence analyst
assigned to a fusion center under this section shall have appropriate
access to all relevant Federal databases and information systems,
consistent with any policies, guidelines, procedures, instructions,
or standards established by the President or, as appropriate, the
program manager of the information sharing environment for the
implementation and management of that environment.
‘‘(g) CONSUMER FEEDBACK.—
‘‘(1) IN GENERAL.—The Secretary shall create a voluntary
mechanism for any State, local, or tribal law enforcement officer
or other emergency response provider who is a consumer of
the intelligence or other information products referred to in
subsection (d) to provide feedback to the Department on the
quality and utility of such intelligence products.
‘‘(2) REPORT.—Not later than one year after the date of
the enactment of the Implementing Recommendations of the
9/11 Commission Act of 2007, and annually thereafter, the
Secretary shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives a report
that includes a description of the consumer feedback obtained
under paragraph (1) and, if applicable, how the Department
has adjusted its production of intelligence products in response
to that consumer feedback.
‘‘(h) RULE OF CONSTRUCTION.—
‘‘(1) IN GENERAL.—The authorities granted under this section shall supplement the authorities granted under section

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201(d) and nothing in this section shall be construed to abrogate
the authorities granted under section 201(d).
‘‘(2) PARTICIPATION.—Nothing in this section shall be construed to require a State, local, or regional government or
entity to accept the assignment of officers or intelligence
analysts of the Department into the fusion center of that State,
locality, or region.
‘‘(i) GUIDELINES.—The Secretary, in consultation with the
Attorney General, shall establish guidelines for fusion centers created and operated by State and local governments, to include standards that any such fusion center shall—
‘‘(1) collaboratively develop a mission statement, identify
expectations and goals, measure performance, and determine
effectiveness for that fusion center;
‘‘(2) create a representative governance structure that
includes law enforcement officers and other emergency response
providers and, as appropriate, the private sector;
‘‘(3) create a collaborative environment for the sharing of
intelligence and information among Federal, State, local, and
tribal government agencies (including law enforcement officers
and other emergency response providers), the private sector,
and the public, consistent with any policies, guidelines, procedures, instructions, or standards established by the President
or, as appropriate, the program manager of the information
sharing environment;
‘‘(4) leverage the databases, systems, and networks available from public and private sector entities, in accordance with
all applicable laws, to maximize information sharing;
‘‘(5) develop, publish, and adhere to a privacy and civil
liberties policy consistent with Federal, State, and local law;
‘‘(6) provide, in coordination with the Privacy Officer of
the Department and the Officer for Civil Rights and Civil
Liberties of the Department, appropriate privacy and civil liberties training for all State, local, tribal, and private sector
representatives at the fusion center;
‘‘(7) ensure appropriate security measures are in place for
the facility, data, and personnel;
‘‘(8) select and train personnel based on the needs, mission,
goals, and functions of that fusion center;
‘‘(9) offer a variety of intelligence and information services
and products to recipients of fusion center intelligence and
information; and
‘‘(10) incorporate law enforcement officers, other emergency
response providers, and, as appropriate, the private sector,
into all relevant phases of the intelligence and fusion process,
consistent with the mission statement developed under paragraph (1), either through full time representatives or liaison
relationships with the fusion center to enable the receipt and
sharing of information and intelligence.
‘‘(j) DEFINITIONS.—In this section—
‘‘(1) the term ‘fusion center’ means a collaborative effort
of 2 or more Federal, State, local, or tribal government agencies
that combines resources, expertise, or information with the
goal of maximizing the ability of such agencies to detect, prevent, investigate, apprehend, and respond to criminal or terrorist activity;

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‘‘(2) the term ‘information sharing environment’ means the
information sharing environment established under section
1016 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485);
‘‘(3) the term ‘intelligence analyst’ means an individual
who regularly advises, administers, supervises, or performs
work in the collection, gathering, analysis, evaluation,
reporting, production, or dissemination of information on political, economic, social, cultural, physical, geographical, scientific,
or military conditions, trends, or forces in foreign or domestic
areas that directly or indirectly affect national security;
‘‘(4) the term ‘intelligence-led policing’ means the collection
and analysis of information to produce an intelligence end
product designed to inform law enforcement decision making
at the tactical and strategic levels; and
‘‘(5) the term ‘terrorism information’ has the meaning given
that term in section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated $10,000,000 for each of fiscal years 2008 through
2012, to carry out this section, except for subsection (i), including
for hiring officers and intelligence analysts to replace officers and
intelligence analysts who are assigned to fusion centers under this
section.’’.
(b) TRAINING FOR PREDEPLOYED OFFICERS AND ANALYSTS.—
An officer or analyst assigned to a fusion center by the Secretary
of Homeland Security before the date of the enactment of this
Act shall undergo the training described in section 210A(c)(4)(A)
of the Homeland Security Act of 2002, as added by subsection
(a), by not later than 6 months after such date.
(c) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is further amended by inserting after the
item relating to section 210 the following:

Deadline.
6 USC 124h note.

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

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

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(B) identify stakeholders in the program and provide
an assessment of their needs;
(C) contain a developed set of quantitative metrics
to measure, to the extent possible, program output;
(D) contain a developed set of qualitative instruments
(including surveys and expert interviews) to assess the
extent to which stakeholders believe their needs are being
met; and
(E) include a privacy and civil liberties impact assessment.
(2) PRIVACY AND CIVIL LIBERTIES.—Not later than 1 year
after the date of the enactment of this Act, the Privacy Officer
of the Department of Homeland Security and the Officer for
Civil Liberties and Civil Rights of the Department of Homeland
Security, consistent with any policies of the Privacy and Civil
Liberties Oversight Board established under section 1061 of
the Intelligence Reform and Terrorism Prevention Act of 2004
(5 U.S.C. 601 note), shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives,
the Secretary of Homeland Security, the Under Secretary of
Homeland Security for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board a report on the privacy
and civil liberties impact of the program.

Deadline.
Reports.

SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS
PROGRAM.

(a) ESTABLISHMENT OF PROGRAM.—Subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further
amended by adding at the end the following:
6 USC 124i.

‘‘SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS
PROGRAM.

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary, acting through the Under
Secretary for Intelligence and Analysis, and in consultation
with the Chief Human Capital Officer, shall establish a fellowship program in accordance with this section for the purpose
of—
‘‘(A) detailing State, local, and tribal law enforcement
officers and intelligence analysts to the Department in
accordance with subchapter VI of chapter 33 of title 5,
United States Code, to participate in the work of the Office
of Intelligence and Analysis in order to become familiar
with—
‘‘(i) the relevant missions and capabilities of the
Department and other Federal agencies; and
‘‘(ii) the role, programs, products, and personnel
of the Office of Intelligence and Analysis; and
‘‘(B) promoting information sharing between the
Department and State, local, and tribal law enforcement
officers and intelligence analysts by assigning such officers
and analysts to—
‘‘(i) serve as a point of contact in the Department
to assist in the representation of State, local, and tribal
information requirements;
‘‘(ii) identify information within the scope of the
information sharing environment, including homeland

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security information, terrorism information, and
weapons of mass destruction information, that is of
interest to State, local, and tribal law enforcement
officers, intelligence analysts, and other emergency
response providers;
‘‘(iii) assist Department analysts in preparing and
disseminating products derived from information
within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of mass destruction
information, that are tailored to State, local, and tribal
law enforcement officers and intelligence analysts and
designed to prepare for and thwart acts of terrorism;
and
‘‘(iv) assist Department analysts in preparing products derived from information within the scope of the
information sharing environment, including homeland
security information, terrorism information, and
weapons of mass destruction information, that are tailored to State, local, and tribal emergency response
providers and assist in the dissemination of such products through appropriate Department channels.
‘‘(2) PROGRAM NAME.—The program under this section shall
be known as the ‘Homeland Security Information Sharing Fellows Program’.
‘‘(b) ELIGIBILITY.—
‘‘(1) IN GENERAL.—In order to be eligible for selection as
an Information Sharing Fellow under the program under this
section, an individual shall—
‘‘(A) have homeland security-related responsibilities;
‘‘(B) be eligible for an appropriate security clearance;
‘‘(C) possess a valid need for access to classified
information, as determined by the Under Secretary for
Intelligence and Analysis;
‘‘(D) be an employee of an eligible entity; and
‘‘(E) have undergone appropriate privacy and civil liberties training that is developed, supported, or sponsored
by the Privacy Officer and the Officer for Civil Rights
and Civil Liberties, in consultation with the Privacy and
Civil Liberties Oversight Board established under section
1061 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (5 U.S.C. 601 note).
‘‘(2) ELIGIBLE ENTITIES.—In this subsection, the term
‘eligible entity’ means—
‘‘(A) a State, local, or regional fusion center;
‘‘(B) a State or local law enforcement or other government entity that serves a major metropolitan area, suburban area, or rural area, as determined by the Secretary;
‘‘(C) a State or local law enforcement or other government entity with port, border, or agricultural responsibilities, as determined by the Secretary;
‘‘(D) a tribal law enforcement or other authority; or
‘‘(E) such other entity as the Secretary determines
is appropriate.

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PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(c) OPTIONAL PARTICIPATION.—No State, local, or tribal law
enforcement or other government entity shall be required to participate in the Homeland Security Information Sharing Fellows Program.
‘‘(d) PROCEDURES FOR NOMINATION AND SELECTION.—
‘‘(1) IN GENERAL.—The Under Secretary for Intelligence
and Analysis shall establish procedures to provide for the
nomination and selection of individuals to participate in the
Homeland Security Information Sharing Fellows Program.
‘‘(2) LIMITATIONS.—The Under Secretary for Intelligence
and Analysis shall—
‘‘(A) select law enforcement officers and intelligence
analysts representing a broad cross-section of State, local,
and tribal agencies; and
‘‘(B) ensure that the number of Information Sharing
Fellows selected does not impede the activities of the Office
of Intelligence and Analysis.’’.
(b) TECHNICAL AND CONFORMING AMENDMENT.—The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is further amended by inserting after the
item relating to section 210A the following:
‘‘Sec. 210B. Homeland Security Information Sharing Fellows Program.’’.

(c) REPORTS.—
(1) CONCEPT OF OPERATIONS.—Not later than 90 days after
the date of enactment of this Act, and before the implementation of the Homeland Security Information Sharing Fellows
Program under section 210B of the Homeland Security Act
of 2002, as added by subsection (a), (in this section referred
to as the ‘‘Program’’) the Secretary, in consultation with the
Privacy Officer of the Department, the Officer for Civil Rights
and Civil Liberties of the Department, and the Privacy and
Civil Liberties Oversight Board established under section 1061
of the Intelligence Reform and Terrorism Prevention Act of
2004 (5 U.S.C. 601 note), shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of
Representatives a report that contains a concept of operations
for the Program, which shall include a privacy and civil liberties
impact assessment.
(2) REVIEW OF PRIVACY IMPACT.—Not later than 1 year
after the date on which the program is implemented, the Privacy Officer of the Department and the Officer for Civil Rights
and Civil Liberties of the Department, consistent with any
policies of the Privacy and Civil Liberties Oversight Board
established under section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall
submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives, the Secretary of
Homeland Security, the Under Secretary of Homeland Security
for Intelligence and Analysis, and the Privacy and Civil Liberties Oversight Board, a report on the privacy and civil liberties impact of the program.

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 327

SEC. 513. RURAL POLICING INSTITUTE.

(a) ESTABLISHMENT.—Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
‘‘SEC. 210C. RURAL POLICING INSTITUTE.

6 USC 124j.

‘‘(a) IN GENERAL.—The Secretary shall establish a Rural
Policing Institute, which shall be administered by the Federal Law
Enforcement Training Center, to target training to law enforcement
agencies and other emergency response providers located in rural
areas. The Secretary, through the Rural Policing Institute, shall—
‘‘(1) evaluate the needs of law enforcement agencies and
other emergency response providers in rural areas;
‘‘(2) develop expert training programs designed to address
the needs of law enforcement agencies and other emergency
response providers in rural areas as identified in the evaluation
conducted under paragraph (1), including training programs
about intelligence-led policing and protections for privacy, civil
rights, and civil liberties;
‘‘(3) provide the training programs developed under paragraph (2) to law enforcement agencies and other emergency
response providers in rural areas; and
‘‘(4) conduct outreach efforts to ensure that local and tribal
governments in rural areas are aware of the training programs
developed under paragraph (2) so they can avail themselves
of such programs.
‘‘(b) CURRICULA.—The training at the Rural Policing Institute
established under subsection (a) shall—
‘‘(1) be configured in a manner so as not to duplicate
or displace any law enforcement or emergency response program of the Federal Law Enforcement Training Center or a
local or tribal government entity in existence on the date of
enactment of the Implementing Recommendations of the 9/
11 Commission Act of 2007; and
‘‘(2) to the maximum extent practicable, be delivered in
a cost-effective manner at facilities of the Department, on closed
military installations with adequate training facilities, or at
facilities operated by the participants.
‘‘(c) DEFINITION.—In this section, the term ‘rural’ means an
area that is not located in a metropolitan statistical area, as defined
by the Office of Management and Budget.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section (including for contracts,
staff, and equipment)—
‘‘(1) $10,000,000 for fiscal year 2008; and
‘‘(2) $5,000,000 for each of fiscal years 2009 through 2013.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act is further amended by inserting after the item
relating to section 210B the following:
‘‘Sec. 210C. Rural Policing Institute.’’.

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121 STAT. 328

PUBLIC LAW 110–53—AUG. 3, 2007

Subtitle C—Interagency Threat
Assessment and Coordination Group
SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION
GROUP.

(a) ESTABLISHMENT.—Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
6 USC 124k.

Deadline.
Reports.

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‘‘SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION
GROUP.

‘‘(a) IN GENERAL.—To improve the sharing of information within
the scope of the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 485) with State, local, tribal, and private
sector officials, the Director of National Intelligence, through the
program manager for the information sharing environment, in
coordination with the Secretary, shall coordinate and oversee the
creation of an Interagency Threat Assessment and Coordination
Group (referred to in this section as the ‘ITACG’).
‘‘(b) COMPOSITION OF ITACG.—The ITACG shall consist of—
‘‘(1) an ITACG Advisory Council to set policy and develop
processes for the integration, analysis, and dissemination of
federally-coordinated information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass
destruction information; and
‘‘(2) an ITACG Detail comprised of State, local, and tribal
homeland security and law enforcement officers and intelligence
analysts detailed to work in the National Counterterrorism
Center with Federal intelligence analysts for the purpose of
integrating, analyzing, and assisting in the dissemination of
federally-coordinated information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass
destruction information, through appropriate channels identified by the ITACG Advisory Council.
‘‘(c) RESPONSIBILITIES OF PROGRAM MANAGER.—The program
manager, in consultation with the Information Sharing Council,
shall—
‘‘(1) monitor and assess the efficacy of the ITACG; and
‘‘(2) not later than 180 days after the date of the enactment
of the Implementing Recommendations of the 9/11 Commission
Act of 2007, and at least annually thereafter, submit to the
Secretary, the Attorney General, the Director of National Intelligence, the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report on the
progress of the ITACG.
‘‘(d) RESPONSIBILITIES OF SECRETARY.—The Secretary, or the
Secretary’s designee, in coordination with the Director of the
National Counterterrorism Center and the ITACG Advisory Council,
shall—
‘‘(1) create policies and standards for the creation of
information products derived from information within the scope
of the information sharing environment, including homeland

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121 STAT. 329

security information, terrorism information, and weapons of
mass destruction information, that are suitable for dissemination to State, local, and tribal governments and the private
sector;
‘‘(2) evaluate and develop processes for the timely dissemination of federally-coordinated information within the scope
of the information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information, to State, local, and tribal governments and the private sector;
‘‘(3) establish criteria and a methodology for indicating
to State, local, and tribal governments and the private sector
the reliability of information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, disseminated to them;
‘‘(4) educate the intelligence community about the requirements of the State, local, and tribal homeland security, law
enforcement, and other emergency response providers regarding
information within the scope of the information sharing
environment, including homeland security information, terrorism information, and weapons of mass destruction information;
‘‘(5) establish and maintain the ITACG Detail, which shall
assign an appropriate number of State, local, and tribal homeland security and law enforcement officers and intelligence
analysts to work in the National Counterterrorism Center who
shall—
‘‘(A) educate and advise National Counterterrorism
Center intelligence analysts about the requirements of the
State, local, and tribal homeland security and law enforcement officers, and other emergency response providers
regarding information within the scope of the information
sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information;
‘‘(B) assist National Counterterrorism Center intelligence analysts in integrating, analyzing, and otherwise
preparing versions of products derived from information
within the scope of the information sharing environment,
including homeland security information, terrorism
information, and weapons of mass destruction information
that are unclassified or classified at the lowest possible
level and suitable for dissemination to State, local, and
tribal homeland security and law enforcement agencies
in order to help deter and prevent terrorist attacks;
‘‘(C) implement, in coordination with National
Counterterrorism Center intelligence analysts, the policies,
processes, procedures, standards, and guidelines developed
by the ITACG Advisory Council;
‘‘(D) assist in the dissemination of products derived
from information within the scope of the information
sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, to State, local, and tribal jurisdictions
only through appropriate channels identified by the ITACG
Advisory Council; and

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Criteria.

Establishment.

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121 STAT. 330

Procedures.

Deadline.

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PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(E) report directly to the senior intelligence official
from the Department under paragraph (6);
‘‘(6) detail a senior intelligence official from the Department
of Homeland Security to the National Counterterrorism Center,
who shall—
‘‘(A) manage the day-to-day operations of the ITACG
Detail;
‘‘(B) report directly to the Director of the National
Counterterrorism Center or the Director’s designee; and
‘‘(C) in coordination with the Director of the Federal
Bureau of Investigation, and subject to the approval of
the Director of the National Counterterrorism Center,
select a deputy from the pool of available detailees from
the Federal Bureau of Investigation in the National
Counterterrorism Center; and
‘‘(7) establish, within the ITACG Advisory Council, a
mechanism to select law enforcement officers and intelligence
analysts for placement in the National Counterterrorism Center
consistent with paragraph (5), using criteria developed by the
ITACG Advisory Council that shall encourage participation
from a broadly representative group of State, local, and tribal
homeland security and law enforcement agencies.
‘‘(e) MEMBERSHIP.—The Secretary, or the Secretary’s designee,
shall serve as the chair of the ITACG Advisory Council, which
shall include—
‘‘(1) representatives of—
‘‘(A) the Department;
‘‘(B) the Federal Bureau of Investigation;
‘‘(C) the National Counterterrorism Center;
‘‘(D) the Department of Defense;
‘‘(E) the Department of Energy;
‘‘(F) the Department of State; and
‘‘(G) other Federal entities as appropriate;
‘‘(2) the program manager of the information sharing
environment, designated under section 1016(f) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485(f)), or the program manager’s designee; and
‘‘(3) executive level law enforcement and intelligence officials from State, local, and tribal governments.
‘‘(f) CRITERIA.—The Secretary, in consultation with the Director
of National Intelligence, the Attorney General, and the program
manager of the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 485), shall—
‘‘(1) establish procedures for selecting members of the
ITACG Advisory Council and for the proper handling and safeguarding of products derived from information within the scope
of the information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information, by those members; and
‘‘(2) ensure that at least 50 percent of the members of
the ITACG Advisory Council are from State, local, and tribal
governments.
‘‘(g) OPERATIONS.—
‘‘(1) IN GENERAL.—Beginning not later than 90 days after
the date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the ITACG Advisory

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121 STAT. 331

Council shall meet regularly, but not less than quarterly, at
the facilities of the National Counterterrorism Center of the
Office of the Director of National Intelligence.
‘‘(2) MANAGEMENT.—Pursuant to section 119(f)(E) of the
National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the
Director of the National Counterterrorism Center, acting
through the senior intelligence official from the Department
of Homeland Security detailed pursuant to subsection (d)(6),
shall ensure that—
‘‘(A) the products derived from information within the
scope of the information sharing environment, including
homeland security information, terrorism information, and
weapons of mass destruction information, prepared by the
National Counterterrorism Center and the ITACG Detail
for distribution to State, local, and tribal homeland security
and law enforcement agencies reflect the requirements of
such agencies and are produced consistently with the policies, processes, procedures, standards, and guidelines established by the ITACG Advisory Council;
‘‘(B) in consultation with the ITACG Advisory Council
and consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E)
of the National Security Act of 1947 (50 U.S.C. 402 et
seq.), all products described in subparagraph (A) are
disseminated through existing channels of the Department
and the Department of Justice and other appropriate channels to State, local, and tribal government officials and
other entities;
‘‘(C) all detailees under subsection (d)(5) have appropriate access to all relevant information within the scope
of the information sharing environment, including homeland security information, terrorism information, and
weapons of mass destruction information, available at the
National Counterterrorism Center in order to accomplish
the objectives under that paragraph;
‘‘(D) all detailees under subsection (d)(5) have the
appropriate security clearances and are trained in the
procedures for handling, processing, storing, and disseminating classified products derived from information within
the scope of the information sharing environment, including
homeland security information, terrorism information, and
weapons of mass destruction information; and
‘‘(E) all detailees under subsection (d)(5) complete
appropriate privacy and civil liberties training.
‘‘(h) INAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE
ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the ITACG or any subsidiary groups thereof.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2008 through 2012 to carry out this section, including
to obtain security clearances for the State, local, and tribal participants in the ITACG.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act is amended by inserting after the item relating
to section 210C the following:

6 USC 101 et seq.

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

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121 STAT. 332
Deadline.

PUBLIC LAW 110–53—AUG. 3, 2007

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

Subtitle D—Homeland Security
Intelligence Offices Reorganization
SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF
INFRASTRUCTURE PROTECTION.
6 USC 121.

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(a) IN GENERAL.—Section 201 of the Homeland Security Act
of 2002 (6 U.S.C. 201) is amended—
(1) in the section heading, by striking ‘‘DIRECTORATE FOR
INFORMATION’’ and inserting ‘‘INFORMATION AND’’;
(2) by striking subsections (a) through (c) and inserting
the following:
‘‘(a) INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTION.—There shall be in the Department an Office of Intelligence
and Analysis and an Office of Infrastructure Protection.
‘‘(b) UNDER SECRETARY FOR INTELLIGENCE AND ANALYSIS AND
ASSISTANT SECRETARY FOR INFRASTRUCTURE PROTECTION.—
‘‘(1) OFFICE OF INTELLIGENCE AND ANALYSIS.—The Office
of Intelligence and Analysis shall be headed by an Under Secretary for Intelligence and Analysis, who shall be appointed
by the President, by and with the advice and consent of the
Senate.
‘‘(2) CHIEF INTELLIGENCE OFFICER.—The Under Secretary
for Intelligence and Analysis shall serve as the Chief Intelligence Officer of the Department.
‘‘(3) OFFICE OF INFRASTRUCTURE PROTECTION.—The Office
of Infrastructure Protection shall be headed by an Assistant
Secretary for Infrastructure Protection, who shall be appointed
by the President.
‘‘(c) DISCHARGE OF RESPONSIBILITIES.—The Secretary shall
ensure that the responsibilities of the Department relating to
information analysis and infrastructure protection, including those
described in subsection (d), are carried out through the Under
Secretary for Intelligence and Analysis or the Assistant Secretary
for Infrastructure Protection, as appropriate.’’;

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(3) in subsection (d)—
(A) in the subsection heading, by striking ‘‘UNDER SECRETARY’’ and inserting ‘‘SECRETARY RELATING TO INTELLIGENCE AND ANALYSIS AND INFRASTRUCTURE PROTECTION’’;
(B) in the matter preceding paragraph (1), by striking
‘‘Subject to the direction’’ and all that follows through
‘‘Infrastructure Protection’’ and inserting the following:
‘‘The responsibilities of the Secretary relating to intelligence and analysis and infrastructure protection’’;
(C) in paragraph (9), as redesignated under section
510(a)(2)(A)(ii), by striking ‘‘Director of Central Intelligence’’ and inserting ‘‘Director of National Intelligence’’;
(D) in paragraph (11)(B), as so redesignated, by
striking ‘‘Director of Central Intelligence’’ and inserting
‘‘Director of National Intelligence’’;
(E) by redesignating paragraph (18), as so redesignated, as paragraph (24); and
(F) by inserting after paragraph (17), as so redesignated, the following:
‘‘(18) To coordinate and enhance integration among the
intelligence components of the Department, including through
strategic oversight of the intelligence activities of such components.
‘‘(19) To establish the intelligence collection, processing,
analysis, and dissemination priorities, policies, processes, standards, guidelines, and procedures for the intelligence components
of the Department, consistent with any directions from the
President and, as applicable, the Director of National Intelligence.
‘‘(20) To establish a structure and process to support the
missions and goals of the intelligence components of the Department.
‘‘(21) To ensure that, whenever possible, the Department—
‘‘(A) produces and disseminates unclassified reports
and analytic products based on open-source information;
and
‘‘(B) produces and disseminates such reports and analytic products contemporaneously with reports or analytic
products concerning the same or similar information that
the Department produced and disseminated in a classified
format.
‘‘(22) To establish within the Office of Intelligence and
Analysis an internal continuity of operations plan.
‘‘(23) Based on intelligence priorities set by the President,
and guidance from the Secretary and, as appropriate, the
Director of National Intelligence—
‘‘(A) to provide to the heads of each intelligence component of the Department guidance for developing the budget
pertaining to the activities of such component; and
‘‘(B) to present to the Secretary a recommendation
for a consolidated budget for the intelligence components
of the Department, together with any comments from the
heads of such components.’’;
(4) in subsection (e)(1)—
(A) by striking ‘‘Directorate’’ the first place that term
appears and inserting ‘‘Office of Intelligence and Analysis
and the Office of Infrastructure Protection’’; and

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PUBLIC LAW 110–53—AUG. 3, 2007
(B) by striking ‘‘the Directorate in discharging’’ and
inserting ‘‘such offices in discharging’’;
(5) in subsection (f)(1), by striking ‘‘Directorate’’ and
inserting ‘‘Office of Intelligence and Analysis and the Office
of Infrastructure Protection’’; and
(6) In subsection (g), in the matter preceding paragraph
(1), by striking ‘‘Under Secretary for Information Analysis and
Infrastructure Protection’’ and inserting ‘‘Office of Intelligence
and Analysis and the Office of Infrastructure Protection’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) IN GENERAL.—Such Act is further amended—
(A) in section 223, by striking ‘‘Under Secretary for
Information Analysis and Infrastructure Protection’’ and
inserting ‘‘Under Secretary for Intelligence and Analysis,
in cooperation with the Assistant Secretary for Infrastructure Protection’’;
(B) in section 224, by striking ‘‘Under Secretary for
Information Analysis and Infrastructure Protection’’ and
inserting ‘‘Assistant Secretary for Infrastructure Protection’’;
(C) in section 302(3), by striking ‘‘Under Secretary
for Information Analysis and Infrastructure Protection’’ and
inserting ‘‘Under Secretary for Intelligence and Analysis
and the Assistant Secretary for Infrastructure Protection’’;
and
(D) in section 521(d)—
(i) in paragraph (1), by striking ‘‘Directorate for
Information Analysis and Infrastructure Protection’’
and inserting ‘‘Office of Intelligence and Analysis’’; and
(ii) in paragraph (2), by striking ‘‘Under Secretary
for Information Analysis and Infrastructure Protection’’
and inserting ‘‘Under Secretary for Intelligence and
Analysis’’.
(2) ADDITIONAL UNDER SECRETARY.—Section 103(a) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)) is amended—
(A) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively; and
(B) by inserting after paragraph (7) the following:
‘‘(8) An Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other related programs of the Department.’’.
(3) HEADING.—Subtitle A of title II of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is amended in the
subtitle heading by striking ‘‘Directorate for Information’’
and inserting ‘‘Information and’’.
(4) TABLE OF CONTENTS.—The Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended in the table of contents
in section 1(b) by striking the items relating to subtitle A
of title II and section 201 and inserting the following:

6 USC 143.

6 USC 144.

6 USC 182.

6 USC 321.

‘‘Subtitle A—Information and Analysis and Infrastructure Protection; Access to
Information
‘‘Sec. 201. Information and Analysis and Infrastructure Protection.’’.

(5) NATIONAL SECURITY ACT OF 1947.—Section 106(b)(2)(I)
of the National Security Act of 1947 (50 U.S.C. 403–6) is
amended to read as follows:

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‘‘(I) The Under Secretary of Homeland Security for
Intelligence and Analysis.’’.
(c) TREATMENT OF INCUMBENT.—The individual administratively performing the duties of the Under Secretary for Intelligence
and Analysis as of the date of the enactment of this Act may
continue to perform such duties after the date on which the President nominates an individual to serve as the Under Secretary
pursuant to section 201 of the Homeland Security Act of 2002,
as amended by this section, and until the individual so appointed
assumes the duties of the position.

President.
6 USC 121 note.

Subtitle E—Authorization of
Appropriations
SEC. 541. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for each of fiscal years
2008 through 2012 such sums as may be necessary to carry out
this title and the amendments made by this title.

TITLE VI—CONGRESSIONAL OVERSIGHT
OF INTELLIGENCE
SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE
FUNDING INFORMATION.

50 USC 415c.

(a) AMOUNTS APPROPRIATED EACH FISCAL YEAR.—Not later
than 30 days after the end of each fiscal year beginning with
fiscal year 2007, the Director of National Intelligence shall disclose
to the public the aggregate amount of funds appropriated by Congress for the National Intelligence Program for such fiscal year.
(b) WAIVER.—Beginning with fiscal year 2009, the President
may waive or postpone the disclosure required by subsection (a)
for any fiscal year by, not later than 30 days after the end of
such fiscal year, submitting to the Select Committee on Intelligence
of the Senate and Permanent Select Committee on Intelligence
of the House of Representatives—
(1) a statement, in unclassified form, that the disclosure
required in subsection (a) for that fiscal year would damage
national security; and
(2) a statement detailing the reasons for the waiver or
postponement, which may be submitted in classified form.
(c) DEFINITION.—As used in this section, the term ‘‘National
Intelligence Program’’ has the meaning given the term in section
3(6) of the National Security Act of 1947 (50 U.S.C. 401a(6)).

Deadline.

President.
Deadline.
Submission.

SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.

The Public Interest Declassification Act of 2000 (50 U.S.C.
435 note) is amended—
(1) by striking ‘‘Director of Central Intelligence’’ each place
that term appears and inserting ‘‘Director of National Intelligence’’;
(2) in section 704(e)—
(A) by striking ‘‘If requested’’ and inserting the following:
‘‘(1) IN GENERAL.—If requested’’; and

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(B) by adding at the end the following:
‘‘(2) AUTHORITY OF BOARD.—Upon receiving a congressional
request described in section 703(b)(5), the Board may conduct
the review and make the recommendations described in that
section, regardless of whether such a review is requested by
the President.
‘‘(3) REPORTING.—Any recommendations submitted to the
President by the Board under section 703(b)(5), shall be submitted to the chairman and ranking minority member of the
committee of Congress that made the request relating to such
recommendations.’’;
(3) in section 705(c), in the subsection heading, by striking
‘‘DIRECTOR OF CENTRAL INTELLIGENCE’’ and inserting
‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’; and
(4) in section 710(b), by striking ‘‘8 years after the date’’
and all that follows and inserting ‘‘on December 31, 2012.’’.

50 USC 435 note.

50 USC 435 note.

SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/
11 COMMISSION RECOMMENDATIONS WITH RESPECT TO
INTELLIGENCE REFORM AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.

(a) FINDINGS.—Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon
the United States (referred to in this section as the ‘‘9/11
Commission’’) conducted a lengthy review of the facts and circumstances relating to the terrorist attacks of September 11,
2001, including those relating to the intelligence community,
law enforcement agencies, and the role of congressional oversight and resource allocation.
(2) In its final report, the 9/11 Commission found that—
(A) congressional oversight of the intelligence activities
of the United States is dysfunctional;
(B) under the rules of the Senate and the House of
Representatives in effect at the time the report was completed, the committees of Congress charged with oversight
of the intelligence activities lacked the power, influence,
and sustained capability to meet the daunting challenges
faced by the intelligence community of the United States;
(C) as long as such oversight is governed by such
rules of the Senate and the House of Representatives,
the people of the United States will not get the security
they want and need;
(D) a strong, stable, and capable congressional committee structure is needed to give the intelligence community of the United States appropriate oversight, support,
and leadership; and
(E) the reforms recommended by the 9/11 Commission
in its final report will not succeed if congressional oversight
of the intelligence community in the United States is not
changed.
(3) The 9/11 Commission recommended structural changes
to Congress to improve the oversight of intelligence activities.
(4) Congress has enacted some of the recommendations
made by the 9/11 Commission and is considering implementing
additional recommendations of the 9/11 Commission.

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(5) The Senate adopted Senate Resolution 445 in the 108th
Congress to address some of the intelligence oversight recommendations of the 9/11 Commission by abolishing term limits
for the members of the Select Committee on Intelligence, clarifying jurisdiction for intelligence-related nominations, and
streamlining procedures for the referral of intelligence-related
legislation, but other aspects of the 9/11 Commission recommendations regarding intelligence oversight have not been
implemented.
(b) SENSE OF THE SENATE.—It is the sense of the Senate that
the Committee on Homeland Security and Governmental Affairs
and the Select Committee on Intelligence of the Senate each, or
jointly, should—
(1) undertake a review of the recommendations made in
the final report of the 9/11 Commission with respect to intelligence reform and congressional intelligence oversight reform;
(2) review and consider any other suggestions, options,
or recommendations for improving intelligence oversight; and
(3) not later than December 21, 2007, submit to the Senate
a report that includes the recommendations of the committees,
if any, for carrying out such reforms.
SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST
DECLASSIFICATION BOARD.

Section 21067 of the Continuing Appropriations Resolution,
2007 (division B of Public Law 109–289; 120 Stat. 1311), as amended
by Public Law 109–369 (120 Stat. 2642), Public Law 109–383 (120
Stat. 2678), and Public Law 110–5, is amended by adding at the
end the following new subsection:
‘‘(c) From the amount provided by this section, the National
Archives and Records Administration may obligate monies necessary to carry out the activities of the Public Interest Declassification Board.’’.
SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE
REPORT ON CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

(a) PUBLIC AVAILABILITY.—Not later than 30 days after the
date of the enactment of this Act, the Director of the Central
Intelligence Agency shall prepare and make available to the public
a version of the Executive Summary of the report entitled the
‘‘Office of Inspector General Report on Central Intelligence Agency
Accountability Regarding Findings and Conclusions of the Joint
Inquiry into Intelligence Community Activities Before and After
the Terrorist Attacks of September 11, 2001’’ issued in June 2005
that is declassified to the maximum extent possible, consistent
with national security.
(b) REPORT TO CONGRESS.—The Director of the Central Intelligence Agency shall submit to Congress a classified annex to the
redacted Executive Summary made available under subsection (a)
that explains the reason that any redacted material in the Executive
Summary was withheld from the public.

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PUBLIC LAW 110–53—AUG. 3, 2007

TITLE VII—STRENGTHENING EFFORTS
TO PREVENT TERRORIST TRAVEL
Subtitle A—Terrorist Travel
SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE
BORDER SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE TERRORIST INFORMATION.

(a) REPORT REQUIRED.—Not later than 270 days after the date
of the enactment of this Act, the Secretary of State and the Secretary of Homeland Security, in conjunction with the Director of
National Intelligence and the heads of other appropriate Federal
departments and agencies, shall submit to the appropriate congressional committees a report on efforts of the Government of the
United States to collaborate with international partners and allies
of the United States to increase border security, enhance global
document security, and exchange terrorism information.
(b) CONTENTS.—The report required by subsection (a) shall
outline—
(1) all presidential directives, programs, and strategies for
carrying out and increasing United States Government efforts
described in subsection (a);
(2) the goals and objectives of each of these efforts;
(3) the progress made in each of these efforts; and
(4) the projected timelines for each of these efforts to
become fully functional and effective.
(c) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Foreign Affairs, the Committee on
Homeland Security, the Committee on the Judiciary, and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Committee
on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate.

Subtitle B—Visa Waiver
Secure Travel
and
Counterterrorism
Partnership Act
of 2007.
8 USC 1101 note.
8 USC 1187 note.

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SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.

(a) SHORT TITLE.—This section may be cited as the ‘‘Secure
Travel and Counterterrorism Partnership Act of 2007’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—
(1) the United States should modernize and strengthen
the security of the visa waiver program under section 217
of the Immigration and Nationality Act (8 U.S.C. 1187) by
simultaneously—
(A) enhancing program security requirements; and
(B) extending visa-free travel privileges to nationals
of foreign countries that are partners in the war on
terrorism—
(i) that are actively cooperating with the United
States to prevent terrorist travel, including sharing

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counterterrorism and law enforcement information;
and
(ii) whose nationals have demonstrated their
compliance with the provisions of the Immigration and
Nationality Act regarding the purpose and duration
of their admission to the United States; and
(2) the modernization described in paragraph (1) will—
(A) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
(B) support and expand tourism and business
opportunities to enhance long-term economic competitiveness; and
(C) strengthen bilateral relationships.
(c) DISCRETIONARY VISA WAIVER PROGRAM EXPANSION.—Section
217(c) of the Immigration and Nationality Act (8 U.S.C. 1187(c))
is amended by adding at the end the following new paragraphs:
‘‘(8) NONIMMIGRANT VISA REFUSAL RATE FLEXIBILITY.—
‘‘(A) CERTIFICATION.—
‘‘(i) IN GENERAL.—On the date on which an air
exit system is in place that can verify the departure
of not less than 97 percent of foreign nationals who
exit through airports of the United States and the
electronic travel authorization system required under
subsection (h)(3) is fully operational, the Secretary of
Homeland Security shall certify to Congress that such
air exit system and electronic travel authorization
system are in place.
‘‘(ii) NOTIFICATION TO CONGRESS.—The Secretary
shall notify Congress in writing of the date on which
the air exit system under clause (i) fully satisfies the
biometric requirements specified in subsection (i).
‘‘(iii)
TEMPORARY
SUSPENSION
OF
WAIVER
AUTHORITY.—Notwithstanding any certification made
under clause (i), if the Secretary has not notified Congress in accordance with clause (ii) by June 30, 2009,
the Secretary’s waiver authority under subparagraph
(B) shall be suspended beginning on July 1, 2009,
until such time as the Secretary makes such notification.
‘‘(iv) RULE OF CONSTRUCTION.—Nothing in this
paragraph shall be construed as in any way abrogating
the reporting requirements under subsection (i)(3).
‘‘(B) WAIVER.—After certification by the Secretary
under subparagraph (A), the Secretary, in consultation with
the Secretary of State, may waive the application of paragraph (2)(A) for a country if—
‘‘(i) the country meets all security requirements
of this section;
‘‘(ii) the Secretary of Homeland Security determines that the totality of the country’s security risk
mitigation measures provide assurance that the country’s participation in the program would not compromise the law enforcement, security interests, or
enforcement of the immigration laws of the United
States;
‘‘(iii) there has been a sustained reduction in the
rate of refusals for nonimmigrant visas for nationals

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Certification.

Federal Register,
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of the country and conditions exist to continue such
reduction;
‘‘(iv) the country cooperated with the Government
of the United States on counterterrorism initiatives,
information sharing, and preventing terrorist travel
before the date of its designation as a program country,
and the Secretary of Homeland Security and the Secretary of State determine that such cooperation will
continue; and
‘‘(v)(I) the rate of refusals for nonimmigrant visitor
visas for nationals of the country during the previous
full fiscal year was not more than ten percent; or
‘‘(II) the visa overstay rate for the country for
the previous full fiscal year does not exceed the maximum visa overstay rate, once such rate is established
under subparagraph (C).
‘‘(C) MAXIMUM VISA OVERSTAY RATE.—
‘‘(i) REQUIREMENT TO ESTABLISH.—After certification by the Secretary under subparagraph (A), the
Secretary and the Secretary of State jointly shall use
information from the air exit system referred to in
such subparagraph to establish a maximum visa overstay rate for countries participating in the program
pursuant to a waiver under subparagraph (B). The
Secretary of Homeland Security shall certify to Congress that such rate would not compromise the law
enforcement, security interests, or enforcement of the
immigration laws of the United States.
‘‘(ii) VISA OVERSTAY RATE DEFINED.—In this paragraph the term ‘visa overstay rate’ means, with respect
to a country, the ratio of—
‘‘(I) the total number of nationals of that
country who were admitted to the United States
on the basis of a nonimmigrant visa whose periods
of authorized stays ended during a fiscal year but
who remained unlawfully in the United States
beyond such periods; to
‘‘(II) the total number of nationals of that
country who were admitted to the United States
on the basis of a nonimmigrant visa during that
fiscal year.
‘‘(iii) REPORT AND PUBLICATION.—The Secretary of
Homeland Security shall on the same date submit to
Congress and publish in the Federal Register information relating to the maximum visa overstay rate established under clause (i). Not later than 60 days after
such date, the Secretary shall issue a final maximum
visa overstay rate above which a country may not
participate in the program.
‘‘(9) DISCRETIONARY SECURITY-RELATED CONSIDERATIONS.—
In determining whether to waive the application of paragraph
(2)(A) for a country, pursuant to paragraph (8), the Secretary
of Homeland Security, in consultation with the Secretary of
State, shall take into consideration other factors affecting the
security of the United States, including—
‘‘(A) airport security standards in the country;

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‘‘(B) whether the country assists in the operation of
an effective air marshal program;
‘‘(C) the standards of passports and travel documents
issued by the country; and
‘‘(D) other security-related factors, including the country’s cooperation with the United States’ initiatives toward
combating terrorism and the country’s cooperation with
the United States intelligence community in sharing
information regarding terrorist threats.’’.
(d) SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM.—
(1) IN GENERAL.—Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended—
(A) in subsection (a), in the flush text following paragraph (9)—
(i) by striking ‘‘Operators of aircraft’’ and inserting
the following:
‘‘(10) ELECTRONIC TRANSMISSION OF IDENTIFICATION
INFORMATION.—Operators of aircraft’’; and
(ii) by adding at the end the following new paragraph:
‘‘(11) ELIGIBILITY DETERMINATION UNDER THE ELECTRONIC
TRAVEL AUTHORIZATION SYSTEM.—Beginning on the date on
which the electronic travel authorization system developed
under subsection (h)(3) is fully operational, each alien traveling
under the program shall, before applying for admission to the
United States, electronically provide to the system biographical
information and such other information as the Secretary of
Homeland Security shall determine necessary to determine the
eligibility of, and whether there exists a law enforcement or
security risk in permitting, the alien to travel to the United
States. Upon review of such biographical information, the Secretary of Homeland Security shall determine whether the alien
is eligible to travel to the United States under the program.’’;
(B) in subsection (c)—
(i) in paragraph (2)—
(I) by amending subparagraph (D) to read as
follows:
‘‘(D) REPORTING LOST AND STOLEN PASSPORTS.—The
government of the country enters into an agreement with
the United States to report, or make available through
Interpol or other means as designated by the Secretary
of Homeland Security, to the United States Government
information about the theft or loss of passports within
a strict time limit and in a manner specified in the agreement.’’; and
(II) by adding at the end the following new
subparagraphs:
‘‘(E) REPATRIATION OF ALIENS.—The government of the
country accepts for repatriation any citizen, former citizen,
or national of the country against whom a final executable
order of removal is issued not later than three weeks
after the issuance of the final order of removal. Nothing
in this subparagraph creates any duty for the United States
or any right for any alien with respect to removal or release.
Nothing in this subparagraph gives rise to any cause of
action or claim under this paragraph or any other law
against any official of the United States or of any State

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121 STAT. 342

to compel the release, removal, or consideration for release
or removal of any alien.
‘‘(F) PASSENGER INFORMATION EXCHANGE.—The government of the country enters into an agreement with the
United States to share information regarding whether citizens and nationals of that country traveling to the United
States represent a threat to the security or welfare of
the United States or its citizens.’’;
(ii) in paragraph (5)—
(I) by striking ‘‘Attorney General’’ each place
it appears and inserting ‘‘Secretary of Homeland
Security’’; and
(II) in subparagraph (A)(i)—
(aa) in subclause (II), by striking ‘‘and’’
at the end;
(bb) in subclause (III)—
(AA) by striking ‘‘and the Committee
on International Relations’’ and inserting
‘‘, the Committee on Foreign Affairs, and
the Committee on Homeland Security,’’
and by striking ‘‘and the Committee on
Foreign Relations’’ and inserting ‘‘, the
Committee on Foreign Relations, and the
Committee on Homeland Security and
Governmental Affairs’’; and
(BB) by striking the period at the end
and inserting ‘‘; and’’; and
(cc) by adding at the end the following
new subclause:
‘‘(IV) shall submit to Congress a report
regarding the implementation of the electronic
travel authorization system under subsection (h)(3)
and the participation of new countries in the program through a waiver under paragraph (8).’’; and
(III) in subparagraph (B), by adding at the
end the following new clause:
‘‘(iv) PROGRAM SUSPENSION AUTHORITY.—The
Director of National Intelligence shall immediately
inform the Secretary of Homeland Security of any current and credible threat which poses an imminent
danger to the United States or its citizens and originates from a country participating in the visa waiver
program. Upon receiving such notification, the Secretary, in consultation with the Secretary of State—
‘‘(I) may suspend a country from the visa
waiver program without prior notice;
‘‘(II) shall notify any country suspended under
subclause (I) and, to the extent practicable without
disclosing sensitive intelligence sources and
methods, provide justification for the suspension;
and
‘‘(III) shall restore the suspended country’s
participation in the visa waiver program upon a
determination that the threat no longer poses an
imminent danger to the United States or its citizens.’’; and

Reports.

Notification.

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(iii) by adding at the end the following new paragraphs:
‘‘(10) TECHNICAL ASSISTANCE.—The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
provide technical assistance to program countries to assist those
countries in meeting the requirements under this section. The
Secretary of Homeland Security shall ensure that the program
office within the Department of Homeland Security is adequately staffed and has resources to be able to provide such
technical assistance, in addition to its duties to effectively monitor compliance of the countries participating in the program
with all the requirements of the program.
‘‘(11) INDEPENDENT REVIEW.—
‘‘(A) IN GENERAL.—Prior to the admission of a new
country into the program under this section, and in conjunction with the periodic evaluations required under subsection (c)(5)(A), the Director of National Intelligence shall
conduct an independent intelligence assessment of a nominated country and member of the program.
‘‘(B) REPORTING REQUIREMENT.—The Director shall provide to the Secretary of Homeland Security, the Secretary
of State, and the Attorney General the independent intelligence assessment required under subparagraph (A).
‘‘(C) CONTENTS.—The independent intelligence assessment conducted by the Director shall include—
‘‘(i) a review of all current, credible terrorist
threats of the subject country;
‘‘(ii) an evaluation of the subject country’s
counterterrorism efforts;
‘‘(iii) an evaluation as to the extent of the country’s
sharing of information beneficial to suppressing terrorist movements, financing, or actions;
‘‘(iv) an assessment of the risks associated with
including the subject country in the program; and
‘‘(v) recommendations to mitigate the risks identified in clause (iv).’’;
(C) in subsection (d)—
(i) by striking ‘‘Attorney General’’ and inserting
‘‘Secretary of Homeland Security’’; and
(ii) by adding at the end the following new sentence: ‘‘The Secretary of Homeland Security may not
waive any eligibility requirement under this section
unless the Secretary notifies, with respect to the House
of Representatives, the Committee on Homeland Security, the Committee on the Judiciary, the Committee
on Foreign Affairs, and the Committee on Appropriations, and with respect to the Senate, the Committee
on Homeland Security and Governmental Affairs, the
Committee on the Judiciary, the Committee on Foreign
Relations, and the Committee on Appropriations not
later than 30 days before the effective date of such
waiver.’’;
(D) in subsection (f)(5)—
(i) by striking ‘‘Attorney General’’ each place it
appears and inserting ‘‘Secretary of Homeland Security’’; and

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(ii) by striking ‘‘of blank’’ and inserting ‘‘or loss
of’’;
(E) in subsection (h), by adding at the end the following
new paragraph:
‘‘(3) ELECTRONIC TRAVEL AUTHORIZATION SYSTEM.—
‘‘(A) SYSTEM.—The Secretary of Homeland Security,
in consultation with the Secretary of State, shall develop
and implement a fully automated electronic travel
authorization system (referred to in this paragraph as the
‘System’) to collect such biographical and other information
as the Secretary of Homeland Security determines necessary to determine, in advance of travel, the eligibility
of, and whether there exists a law enforcement or security
risk in permitting, the alien to travel to the United States.
‘‘(B) FEES.—The Secretary of Homeland Security may
charge a fee for the use of the System, which shall be—
‘‘(i) set at a level that will ensure recovery of
the full costs of providing and administering the
System; and
‘‘(ii) available to pay the costs incurred to administer the System.
‘‘(C) VALIDITY.—
‘‘(i) PERIOD.—The Secretary of Homeland Security,
in consultation with the Secretary of State, shall prescribe regulations that provide for a period, not to
exceed three years, during which a determination of
eligibility to travel under the program will be valid.
Notwithstanding any other provision under this section, the Secretary of Homeland Security may revoke
any such determination at any time and for any reason.
‘‘(ii) LIMITATION.—A determination by the Secretary of Homeland Security that an alien is eligible
to travel to the United States under the program is
not a determination that the alien is admissible to
the United States.
‘‘(iii) NOT A DETERMINATION OF VISA ELIGIBILITY.—
A determination by the Secretary of Homeland Security
that an alien who applied for authorization to travel
to the United States through the System is not eligible
to travel under the program is not a determination
of eligibility for a visa to travel to the United States
and shall not preclude the alien from applying for
a visa.
‘‘(iv) JUDICIAL REVIEW.—Notwithstanding any
other provision of law, no court shall have jurisdiction
to review an eligibility determination under the
System.
‘‘(D) REPORT.—Not later than 60 days before publishing
notice regarding the implementation of the System in the
Federal Register, the Secretary of Homeland Security shall
submit a report regarding the implementation of the system
to—
‘‘(i) the Committee on Homeland Security of the
House of Representatives;
‘‘(ii) the Committee on the Judiciary of the House
of Representatives;

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‘‘(iii) the Committee on Foreign Affairs of the
House of Representatives;
‘‘(iv) the Permanent Select Committee on Intelligence of the House of Representatives;
‘‘(v) the Committee on Appropriations of the House
of Representatives;
‘‘(vi) the Committee on Homeland Security and
Governmental Affairs of the Senate;
‘‘(vii) the Committee on the Judiciary of the Senate;
‘‘(viii) the Committee on Foreign Relations of the
Senate;
‘‘(ix) the Select Committee on Intelligence of the
Senate; and
‘‘(x) the Committee on Appropriations of the
Senate.’’; and
(F) by adding at the end the following new subsection:
‘‘(i) EXIT SYSTEM.—
‘‘(1) IN GENERAL.—Not later than one year after the date
of the enactment of this subsection, the Secretary of Homeland
Security shall establish an exit system that records the departure on a flight leaving the United States of every alien participating in the visa waiver program established under this section.
‘‘(2) SYSTEM REQUIREMENTS.—The system established under
paragraph (1) shall—
‘‘(A) match biometric information of the alien against
relevant watch lists and immigration information; and
‘‘(B) compare such biometric information against manifest information collected by air carriers on passengers
departing the United States to confirm such aliens have
departed the United States.
‘‘(3) REPORT.—Not later than 180 days after the date of
the enactment of this subsection, the Secretary shall submit
to Congress a report that describes—
‘‘(A) the progress made in developing and deploying
the exit system established under this subsection; and
‘‘(B) the procedures by which the Secretary shall
improve the method of calculating the rates of nonimmigrants who overstay their authorized period of stay
in the United States.’’.
(2) EFFECTIVE DATE.—Section 217(a)(11) of the Immigration
and Nationality Act, as added by paragraph (1)(A)(ii), shall
take effect on the date that is 60 days after the date on
which the Secretary of Homeland Security publishes notice
in the Federal Register of the requirement under such paragraph.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Homeland Security such
sums as may be necessary to carry out this section and the amendments made by this section.

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Deadline.

Federal Register,
publication.
8 USC 1187 note.

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Subtitle C—Strengthening Terrorism
Prevention Programs
SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND TRAFFICKING CENTER.

(a) IN GENERAL.—Section 7202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended—
(1) in subsection (c)(1), by striking ‘‘address’’ and inserting
‘‘integrate and disseminate intelligence and information related
to’’;
(2) by redesignating subsections (d) and (e) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (c) the following new subsections:
‘‘(d) DIRECTOR.—The Secretary of Homeland Security shall
nominate an official of the Government of the United States to
serve as the Director of the Center, in accordance with the requirements of the memorandum of understanding entitled the ‘Human
Smuggling and Trafficking Center (HSTC) Charter’.
‘‘(e) STAFFING OF THE CENTER.—
‘‘(1) IN GENERAL.—The Secretary of Homeland Security,
in cooperation with heads of other relevant agencies and departments, shall ensure that the Center is staffed with not fewer
than 40 full-time equivalent positions, including, as appropriate, detailees from the following:
‘‘(A) Agencies and offices within the Department of
Homeland Security, including the following:
‘‘(i) The Office of Intelligence and Analysis.
‘‘(ii) The Transportation Security Administration.
‘‘(iii) United States Citizenship and Immigration
Services.
‘‘(iv) United States Customs and Border Protection.
‘‘(v) The United States Coast Guard.
‘‘(vi) United States Immigration and Customs
Enforcement.
‘‘(B) Other departments, agencies, or entities, including
the following:
‘‘(i) The Central Intelligence Agency.
‘‘(ii) The Department of Defense.
‘‘(iii) The Department of the Treasury.
‘‘(iv) The National Counterterrorism Center.
‘‘(v) The National Security Agency.
‘‘(vi) The Department of Justice.
‘‘(vii) The Department of State.
‘‘(viii) Any other relevant agency or department.
‘‘(2) EXPERTISE OF DETAILEES.—The Secretary of Homeland
Security, in cooperation with the head of each agency, department, or other entity referred to in paragraph (1), shall ensure
that the detailees provided to the Center under such paragraph
include an adequate number of personnel who are—
‘‘(A) intelligence analysts or special agents with demonstrated experience related to human smuggling, trafficking in persons, or terrorist travel; and
‘‘(B) personnel with experience in the areas of—
‘‘(i) consular affairs;
‘‘(ii) counterterrorism;

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‘‘(iii) criminal law enforcement;
‘‘(iv) intelligence analysis;
‘‘(v) prevention and detection of document fraud;
‘‘(vi) border inspection;
‘‘(vii) immigration enforcement; or
‘‘(viii) human trafficking and combating severe
forms of trafficking in persons.
‘‘(3) ENHANCED PERSONNEL MANAGEMENT.—
‘‘(A) INCENTIVES FOR SERVICE IN CERTAIN POSITIONS.—
‘‘(i) IN GENERAL.—The Secretary of Homeland
Security, and the heads of other relevant agencies,
shall prescribe regulations or promulgate personnel
policies to provide incentives for service on the staff
of the Center, particularly for serving terms of at least
two years duration.
‘‘(ii) FORMS OF INCENTIVES.—Incentives under
clause (i) may include financial incentives, bonuses,
and such other awards and incentives as the Secretary
and the heads of other relevant agencies, consider
appropriate.
‘‘(B) ENHANCED PROMOTION FOR SERVICE AT THE
CENTER.—Notwithstanding any other provision of law, the
Secretary of Homeland Security, and the heads of other
relevant agencies, shall ensure that personnel who are
assigned or detailed to service at the Center shall be considered for promotion at rates equivalent to or better than
similarly situated personnel of such agencies who are not
so assigned or detailed, except that this subparagraph shall
not apply in the case of personnel who are subject to
the provisions of the Foreign Service Act of 1980.
‘‘(f) ADMINISTRATIVE SUPPORT AND FUNDING.—The Secretary
of Homeland Security shall provide to the Center the administrative
support and funding required for its maintenance, including funding
for personnel, leasing of office space, supplies, equipment, technology, training, and travel expenses necessary for the Center to
carry out its functions.’’.
(b) REPORT.—Subsection (g) of section 7202 of the Intelligence
Reform and Terrorism Prevention Act of 2004, as redesignated
by subsection (a)(2), is amended to read as follows:
‘‘(g) REPORT.—
‘‘(1) INITIAL REPORT.—Not later than 180 days after
December 17, 2004, the President shall transmit to Congress
a report regarding the implementation of this section, including
a description of the staffing and resource needs of the Center.
‘‘(2) FOLLOW-UP REPORT.—Not later than 180 days after
the date of the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the President shall
transmit to Congress a report regarding the operation of the
Center and the activities carried out by the Center, including
a description of—
‘‘(A) the roles and responsibilities of each agency or
department that is participating in the Center;
‘‘(B) the mechanisms used to share information among
each such agency or department;
‘‘(C) the personnel provided to the Center by each
such agency or department;

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121 STAT. 348

8 USC 1777.

Reports.

PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(D) the type of information and reports being disseminated by the Center;
‘‘(E) any efforts by the Center to create a centralized
Federal Government database to store information related
to unlawful travel of foreign nationals, including a description of any such database and of the manner in which
information utilized in such a database would be collected,
stored, and shared;
‘‘(F) how each agency and department shall utilize
its resources to ensure that the Center uses intelligence
to focus and drive its efforts;
‘‘(G) efforts to consolidate networked systems for the
Center;
‘‘(H) the mechanisms for the sharing of homeland security information from the Center to the Office of Intelligence and Analysis, including how such sharing shall
be consistent with section 1016(b);
‘‘(I) the ability of participating personnel in the Center
to freely access necessary databases and share information
regarding issues related to human smuggling, trafficking
in persons, and terrorist travel;
‘‘(J) how the assignment of personnel to the Center
is incorporated into the civil service career path of such
personnel; and
‘‘(K) cooperation and coordination efforts, including any
memorandums of understanding, among participating
agencies and departments regarding issues related to
human smuggling, trafficking in persons, and terrorist
travel.’’.
(c) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND
ANALYSIS.—Section 7202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 is amended by adding after subsection
(h), as redesignated by subsection (a)(2), the following new subsection:
‘‘(i) COORDINATION WITH THE OFFICE OF INTELLIGENCE AND
ANALYSIS.—The Office of Intelligence and Analysis, in coordination
with the Center, shall submit to relevant State, local, and tribal
law enforcement agencies periodic reports regarding terrorist
threats related to human smuggling, human trafficking, and terrorist travel.’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Homeland Security
$20,000,000 for fiscal year 2008 to carry out section 7202 of the
Intelligence Reform and Terrorism Prevention Act of 2004, as
amended by this section.
SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.

Section 7215 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123) is amended to read as follows:
‘‘SEC. 7215. TERRORIST TRAVEL PROGRAM.
Deadline.

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‘‘(a) REQUIREMENT TO ESTABLISH.—Not later than 90 days after
the date of the enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary of Homeland
Security, in consultation with the Director of the National
Counterterrorism Center and consistent with the strategy developed
under section 7201, shall establish a program to oversee the

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implementation of the Secretary’s responsibilities with respect to
terrorist travel.
‘‘(b) HEAD OF THE PROGRAM.—The Secretary of Homeland Security shall designate an official of the Department of Homeland
Security to be responsible for carrying out the program. Such official
shall be—
‘‘(1) the Assistant Secretary for Policy of the Department
of Homeland Security; or
‘‘(2) an official appointed by the Secretary who reports
directly to the Secretary.
‘‘(c) DUTIES.—The official designated under subsection (b) shall
assist the Secretary of Homeland Security in improving the Department’s ability to prevent terrorists from entering the United States
or remaining in the United States undetected by—
‘‘(1) developing relevant strategies and policies;
‘‘(2) reviewing the effectiveness of existing programs and
recommending improvements, if necessary;
‘‘(3) making recommendations on budget requests and on
the allocation of funding and personnel;
‘‘(4) ensuring effective coordination, with respect to policies,
programs, planning, operations, and dissemination of intelligence and information related to terrorist travel—
‘‘(A) among appropriate subdivisions of the Department
of Homeland Security, as determined by the Secretary and
including—
‘‘(i) United States Customs and Border Protection;
‘‘(ii) United States Immigration and Customs
Enforcement;
‘‘(iii) United States Citizenship and Immigration
Services;
‘‘(iv) the Transportation Security Administration;
and
‘‘(v) the United States Coast Guard; and
‘‘(B) between the Department of Homeland Security
and other appropriate Federal agencies; and
‘‘(5) serving as the Secretary’s primary point of contact
with the National Counterterrorism Center for implementing
initiatives related to terrorist travel and ensuring that the
recommendations of the Center related to terrorist travel are
carried out by the Department.
‘‘(d) REPORT.—Not later than 180 days after the date of the
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary of Homeland Security shall
submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security
of the House of Representatives a report on the implementation
of this section.’’.
SEC. 723. ENHANCED DRIVER’S LICENSE.

Section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended—
(1) in subparagraph (B)—
(A) in clause (vi), by striking ‘‘and’’ at the end;
(B) in clause (vii), by striking the period at the end
and inserting ‘‘; and’’; and
(C) by adding at the end the following new clause:

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PUBLIC LAW 110–53—AUG. 3, 2007
‘‘(viii) the signing of a memorandum of agreement
to initiate a pilot program with not less than one
State to determine if an enhanced driver’s license,
which is machine-readable and tamper proof, not valid
for certification of citizenship for any purpose other
than admission into the United States from Canada
or Mexico, and issued by such State to an individual,
may permit the individual to use the driver’s license
to meet the documentation requirements under
subparagraph (A) for entry into the United States from
Canada or Mexico at land and sea ports of entry.’’;
and
(2) by adding at the end the following new subparagraph:
‘‘(C) REPORT.—Not later than 180 days after the initiation of the pilot program described in subparagraph
(B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report which includes—
‘‘(i) an analysis of the impact of the pilot program
on national security;
‘‘(ii) recommendations on how to expand the pilot
program to other States;
‘‘(iii) any appropriate statutory changes to facilitate
the expansion of the pilot program to additional States
and to citizens of Canada;
‘‘(iv) a plan to screen individuals participating in
the pilot program against United States terrorist watch
lists; and
‘‘(v) a recommendation for the type of machinereadable technology that should be used in enhanced
driver’s licenses, based on individual privacy considerations and the costs and feasibility of incorporating
any new technology into existing driver’s licenses.’’.

8 USC 1185 note.

SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.

Regulations.
Federal Register,
publication.

Before the Secretary of Homeland Security publishes a final
rule in the Federal Register implementing section 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108–458; 8 U.S.C. 1185 note)—
(1) the Secretary of Homeland Security shall complete a
cost-benefit analysis of the Western Hemisphere Travel Initiative, authorized under such section 7209; and
(2) the Secretary of State shall develop proposals for
reducing the execution fee charged for the passport card, proposed at 71 Fed. Reg. 60928–32 (October 17, 2006), including
the use of mobile application teams, during implementation
of the land and sea phase of the Western Hemisphere Travel
Initiative, in order to encourage United States citizens to apply
for the passport card.

8 USC 1752a.

SEC. 725. MODEL PORTS-OF-ENTRY.

(a) IN GENERAL.—The Secretary of Homeland Security shall—
(1) establish a model ports-of-entry program for the purpose
of providing a more efficient and welcoming international
arrival process in order to facilitate and promote business and
tourist travel to the United States, while also improving security; and

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(2) implement the program initially at the 20 United States
international airports that have the highest number of foreign
visitors arriving annually as of the date of the enactment
of this Act.
(b) PROGRAM ELEMENTS.—The program shall include—
(1) enhanced queue management in the Federal Inspection
Services area leading up to primary inspection;
(2) assistance for foreign travelers once they have been
admitted to the United States, in consultation, as appropriate,
with relevant governmental and nongovernmental entities; and
(3) instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal
Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome
videos.
(c) ADDITIONAL CUSTOMS AND BORDER PROTECTION OFFICERS
FOR HIGH-VOLUME PORTS.—Subject to the availability of appropriations, not later than the end of fiscal year 2008 the Secretary
of Homeland Security shall employ not fewer than an additional
200 Customs and Border Protection officers over the number of
such positions for which funds were appropriated for the proceeding
fiscal year to address staff shortages at the 20 United States international airports that have the highest number of foreign visitors
arriving annually as of the date of the enactment of this Act.

Deadline.

Subtitle D—Miscellaneous Provisions
SEC. 731. REPORT REGARDING BORDER SECURITY.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall submit to Congress a report regarding ongoing initiatives
of the Department of Homeland Security to improve security along
the northern border of the United States.
(b) CONTENTS.—The report submitted under subsection (a)
shall—
(1) address the vulnerabilities along the northern border
of the United States; and
(2)
provide
recommendations
to
address
such
vulnerabilities, including required resources needed to protect
the northern border of the United States.
(c) GOVERNMENT ACCOUNTABILITY OFFICE.—Not later than 270
days after the date of the submission of the report under subsection
(a), the Comptroller General of the United States shall submit
to Congress a report that—
(1) reviews and comments on the report under subsection
(a); and
(2) provides recommendations regarding any additional
actions necessary to protect the northern border of the United
States.

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TITLE VIII—PRIVACY AND CIVIL
LIBERTIES
SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND
CIVIL LIBERTIES OVERSIGHT BOARD.

(a) MODIFICATION OF AUTHORITIES.—Section 1061 of the
National Security Intelligence Reform Act of 2004 (5 U.S.C. 601
note) is amended to read as follows:
‘‘SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
Establishment.

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‘‘(a) IN GENERAL.—There is established as an independent
agency within the executive branch a Privacy and Civil Liberties
Oversight Board (referred to in this section as the ‘Board’).
‘‘(b) FINDINGS.—Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress
makes the following findings:
‘‘(1) In conducting the war on terrorism, the Government
may need additional powers and may need to enhance the
use of its existing powers.
‘‘(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to protect
the precious liberties that are vital to our way of life and
to ensure that the Government uses its powers for the purposes
for which the powers were given.
‘‘(3) The National Commission on Terrorist Attacks Upon
the United States correctly concluded that ‘The choice between
security and liberty is a false choice, as nothing is more likely
to endanger America’s liberties than the success of a terrorist
attack at home. Our history has shown us that insecurity
threatens liberty. Yet, if our liberties are curtailed, we lose
the values that we are struggling to defend.’.
‘‘(c) PURPOSE.—The Board shall—
‘‘(1) analyze and review actions the executive branch takes
to protect the Nation from terrorism, ensuring that the need
for such actions is balanced with the need to protect privacy
and civil liberties; and
‘‘(2) ensure that liberty concerns are appropriately considered in the development and implementation of laws, regulations, and policies related to efforts to protect the Nation
against terrorism.
‘‘(d) FUNCTIONS.—
‘‘(1) ADVICE AND COUNSEL ON POLICY DEVELOPMENT AND
IMPLEMENTATION.—The Board shall—
‘‘(A) review proposed legislation, regulations, and policies related to efforts to protect the Nation from terrorism,
including the development and adoption of information
sharing guidelines under subsections (d) and (f) of section
1016;
‘‘(B) review the implementation of new and existing
legislation, regulations, and policies related to efforts to
protect the Nation from terrorism, including the
implementation of information sharing guidelines under
subsections (d) and (f) of section 1016;
‘‘(C) advise the President and the departments, agencies, and elements of the executive branch to ensure that
privacy and civil liberties are appropriately considered in

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the development and implementation of such legislation,
regulations, policies, and guidelines; and
‘‘(D) in providing advice on proposals to retain or
enhance a particular governmental power, consider
whether the department, agency, or element of the executive branch has established—
‘‘(i) that the need for the power is balanced with
the need to protect privacy and civil liberties;
‘‘(ii) that there is adequate supervision of the use
by the executive branch of the power to ensure protection of privacy and civil liberties; and
‘‘(iii) that there are adequate guidelines and oversight to properly confine its use.
‘‘(2) OVERSIGHT.—The Board shall continually review—
‘‘(A) the regulations, policies, and procedures, and the
implementation of the regulations, policies, and procedures,
of the departments, agencies, and elements of the executive
branch relating to efforts to protect the Nation from terrorism to ensure that privacy and civil liberties are protected;
‘‘(B) the information sharing practices of the departments, agencies, and elements of the executive branch
relating to efforts to protect the Nation from terrorism
to determine whether they appropriately protect privacy
and civil liberties and adhere to the information sharing
guidelines issued or developed under subsections (d) and
(f) of section 1016 and to other governing laws, regulations,
and policies regarding privacy and civil liberties; and
‘‘(C) other actions by the executive branch relating
to efforts to protect the Nation from terrorism to determine
whether such actions—
‘‘(i) appropriately protect privacy and civil liberties;
and
‘‘(ii) are consistent with governing laws, regulations, and policies regarding privacy and civil liberties.
‘‘(3) RELATIONSHIP WITH PRIVACY AND CIVIL LIBERTIES OFFICERS.—The Board shall—
‘‘(A) receive and review reports and other information
from privacy officers and civil liberties officers under section 1062;
‘‘(B) when appropriate, make recommendations to such
privacy officers and civil liberties officers regarding their
activities; and
‘‘(C) when appropriate, coordinate the activities of such
privacy officers and civil liberties officers on relevant interagency matters.
‘‘(4) TESTIMONY.—The members of the Board shall appear
and testify before Congress upon request.
‘‘(e) REPORTS.—
‘‘(1) IN GENERAL.—The Board shall—
‘‘(A) receive and review reports from privacy officers
and civil liberties officers under section 1062; and
‘‘(B) periodically submit, not less than semiannually,
reports—
‘‘(i)(I) to the appropriate committees of Congress,
including the Committee on the Judiciary of the
Senate, the Committee on the Judiciary of the House

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of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives, the Committee on Oversight and Government Reform of the House of Representatives, the
Select Committee on Intelligence of the Senate, and
the Permanent Select Committee on Intelligence of
the House of Representatives; and
‘‘(II) to the President; and
‘‘(ii) which shall be in unclassified form to the
greatest extent possible, with a classified annex where
necessary.
‘‘(2) CONTENTS.—Not less than 2 reports submitted each
year under paragraph (1)(B) shall include—
‘‘(A) a description of the major activities of the Board
during the preceding period;
‘‘(B) information on the findings, conclusions, and recommendations of the Board resulting from its advice and
oversight functions under subsection (d);
‘‘(C) the minority views on any findings, conclusions,
and recommendations of the Board resulting from its advice
and oversight functions under subsection (d);
‘‘(D) each proposal reviewed by the Board under subsection (d)(1) that—
‘‘(i) the Board advised against implementation; and
‘‘(ii) notwithstanding such advice, actions were
taken to implement; and
‘‘(E) for the preceding period, any requests submitted
under subsection (g)(1)(D) for the issuance of subpoenas
that were modified or denied by the Attorney General.
‘‘(f) INFORMING THE PUBLIC.—The Board shall—
‘‘(1) make its reports, including its reports to Congress,
available to the public to the greatest extent that is consistent
with the protection of classified information and applicable
law; and
‘‘(2) hold public hearings and otherwise inform the public
of its activities, as appropriate and in a manner consistent
with the protection of classified information and applicable
law.
‘‘(g) ACCESS TO INFORMATION.—
‘‘(1) AUTHORIZATION.—If determined by the Board to be
necessary to carry out its responsibilities under this section,
the Board is authorized to—
‘‘(A) have access from any department, agency, or element of the executive branch, or any Federal officer or
employee of any such department, agency, or element, to
all relevant records, reports, audits, reviews, documents,
papers, recommendations, or other relevant material,
including classified information consistent with applicable
law;
‘‘(B) interview, take statements from, or take public
testimony from personnel of any department, agency, or
element of the executive branch, or any Federal officer
or employee of any such department, agency, or element;
‘‘(C) request information or assistance from any State,
tribal, or local government; and

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‘‘(D) at the direction of a majority of the members
of the Board, submit a written request to the Attorney
General of the United States that the Attorney General
require, by subpoena, persons (other than departments,
agencies, and elements of the executive branch) to produce
any relevant information, documents, reports, answers,
records, accounts, papers, and other documentary or testimonial evidence.
‘‘(2) REVIEW OF SUBPOENA REQUEST.—
‘‘(A) IN GENERAL.—Not later than 30 days after the
date of receipt of a request by the Board under paragraph
(1)(D), the Attorney General shall—
‘‘(i) issue the subpoena as requested; or
‘‘(ii) provide the Board, in writing, with an explanation of the grounds on which the subpoena request
has been modified or denied.
‘‘(B) NOTIFICATION.—If a subpoena request is modified
or denied under subparagraph (A)(ii), the Attorney General
shall, not later than 30 days after the date of that modification or denial, notify the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the
House of Representatives.
‘‘(3) ENFORCEMENT OF SUBPOENA.—In the case of contumacy
or failure to obey a subpoena issued pursuant to paragraph
(1)(D), the United States district court for the judicial district
in which the subpoenaed person resides, is served, or may
be found may issue an order requiring such person to produce
the evidence required by such subpoena.
‘‘(4) AGENCY COOPERATION.—Whenever information or
assistance requested under subparagraph (A) or (B) of paragraph (1) is, in the judgment of the Board, unreasonably refused
or not provided, the Board shall report the circumstances to
the head of the department, agency, or element concerned without delay. The head of the department, agency, or element
concerned shall ensure that the Board is given access to the
information, assistance, material, or personnel the Board determines to be necessary to carry out its functions.
‘‘(h) MEMBERSHIP.—
‘‘(1) MEMBERS.—The Board shall be composed of a fulltime chairman and 4 additional members, who shall be
appointed by the President, by and with the advice and consent
of the Senate.
‘‘(2) QUALIFICATIONS.—Members of the Board shall be
selected solely on the basis of their professional qualifications,
achievements, public stature, expertise in civil liberties and
privacy, and relevant experience, and without regard to political
affiliation, but in no event shall more than 3 members of
the Board be members of the same political party. The President shall, before appointing an individual who is not a member
of the same political party as the President, consult with the
leadership of that party, if any, in the Senate and House
of Representatives.
‘‘(3) INCOMPATIBLE OFFICE.—An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government, other
than in the capacity as a member of the Board.

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Deadlines.

President.
Congress.

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‘‘(4) TERM.—Each member of the Board shall serve a term
of 6 years, except that—
‘‘(A) a member appointed to a term of office after
the commencement of such term may serve under such
appointment only for the remainder of such term; and
‘‘(B) upon the expiration of the term of office of a
member, the member shall continue to serve until the
member’s successor has been appointed and qualified,
except that no member may serve under this
subparagraph—
‘‘(i) for more than 60 days when Congress is in
session unless a nomination to fill the vacancy shall
have been submitted to the Senate; or
‘‘(ii) after the adjournment sine die of the session
of the Senate in which such nomination is submitted.
‘‘(5) QUORUM AND MEETINGS.—The Board shall meet upon
the call of the chairman or a majority of its members. Three
members of the Board shall constitute a quorum.
‘‘(i) COMPENSATION AND TRAVEL EXPENSES.—
‘‘(1) COMPENSATION.—
‘‘(A) CHAIRMAN.—The chairman of the Board shall be
compensated at the rate of pay payable for a position
at level III of the Executive Schedule under section 5314
of title 5, United States Code.
‘‘(B) MEMBERS.—Each member of the Board shall be
compensated at a rate of pay payable for a position at
level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day during which
that member is engaged in the actual performance of the
duties of the Board.
‘‘(2) TRAVEL EXPENSES.—Members of the Board shall be
allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for persons employed intermittently
by the Government under section 5703(b) of title 5, United
States Code, while away from their homes or regular places
of business in the performance of services for the Board.
‘‘(j) STAFF.—
‘‘(1) APPOINTMENT AND COMPENSATION.—The chairman of
the Board, in accordance with rules agreed upon by the Board,
shall appoint and fix the compensation of a full-time executive
director and such other personnel as may be necessary to
enable the Board to carry out its functions, without regard
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this subsection
may exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of title
5, United States Code.
‘‘(2) DETAILEES.—Any Federal employee may be detailed
to the Board without reimbursement from the Board, and such
detailee shall retain the rights, status, and privileges of the
detailee’s regular employment without interruption.
‘‘(3) CONSULTANT SERVICES.—The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States Code,

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at rates that do not exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under
section 5315 of such title.
‘‘(k) SECURITY CLEARANCES.—
‘‘(1) IN GENERAL.—The appropriate departments, agencies,
and elements of the executive branch shall cooperate with
the Board to expeditiously provide the Board members and
staff with appropriate security clearances to the extent possible
under existing procedures and requirements.
‘‘(2) RULES AND PROCEDURES.—After consultation with the
Secretary of Defense, the Attorney General, and the Director
of National Intelligence, the Board shall adopt rules and procedures of the Board for physical, communications, computer,
document, personnel, and other security relating to carrying
out the functions of the Board.
‘‘(l) TREATMENT AS AGENCY, NOT AS ADVISORY COMMITTEE.—
The Board—
‘‘(1) is an agency (as defined in section 551(1) of title
5, United States Code); and
‘‘(2) is not an advisory committee (as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section amounts as follows:
‘‘(1) For fiscal year 2008, $5,000,000.
‘‘(2) For fiscal year 2009, $6,650,000.
‘‘(3) For fiscal year 2010, $8,300,000.
‘‘(4) For fiscal year 2011, $10,000,000.
‘‘(5) For fiscal year 2012 and each subsequent fiscal year,
such sums as may be necessary.’’.
(b) SECURITY RULES AND PROCEDURES.—The Privacy and Civil
Liberties Oversight Board shall promptly adopt the security rules
and procedures required under section 1061(k)(2) of the National
Security Intelligence Reform Act of 2004 (as added by subsection
(a) of this section).
(c) TRANSITION PROVISIONS.—
(1) TREATMENT OF INCUMBENT MEMBERS OF THE PRIVACY
AND CIVIL LIBERTIES OVERSIGHT BOARD.—
(A) CONTINUATION OF SERVICE.—Any individual who
is a member of the Privacy and Civil Liberties Oversight
Board on the date of enactment of this Act may continue
to serve on the Board until 180 days after the date of
enactment of this Act.
(B) TERMINATION OF TERMS.—The term of any individual who is a member of the Privacy and Civil Liberties
Oversight Board on the date of enactment of this Act
shall terminate 180 days after the date of enactment of
this Act.
(2) APPOINTMENTS.—
(A) IN GENERAL.—The President and the Senate shall
take such actions as necessary for the President, by and
with the advice and consent of the Senate, to appoint
members to the Privacy and Civil Liberties Oversight Board
as constituted under the amendments made by subsection
(a) in a timely manner to provide for the continuing operation of the Board and orderly implementation of this section.

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42 USC 2000ee
note.

42 USC 2000ee
note.

President.
Congress.

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PUBLIC LAW 110–53—AUG. 3, 2007
(B) DESIGNATIONS.—In making the appointments
described under subparagraph (A) of the first members
of the Privacy and Civil Liberties Oversight Board as constituted under the amendments made by subsection (a),
the President shall provide for the members to serve terms
of 2, 3, 4, 5, and 6 years beginning on the effective date
described under subsection (d)(1), with the term of each
such member to be designated by the President.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by subsection
(a) and subsection (b) shall take effect 180 days after the
date of enactment of this Act.
(2) TRANSITION PROVISIONS.—Subsection (c) shall take effect
on the date of enactment of this Act.

42 USC 2000ee
note.

SEC. 802. DEPARTMENT PRIVACY OFFICER.

Section 222 of the Homeland Security Act of 2002 (6 U.S.C.
142) is amended—
(1) by inserting ‘‘(a) APPOINTMENT AND RESPONSIBILITIES.—
’’ before ‘‘The Secretary’’; and
(2) by adding at the end the following:
‘‘(b) AUTHORITY TO INVESTIGATE.—
‘‘(1) IN GENERAL.—The senior official appointed under subsection (a) may—
‘‘(A) have access to all records, reports, audits, reviews,
documents, papers, recommendations, and other materials
available to the Department that relate to programs and
operations with respect to the responsibilities of the senior
official under this section;
‘‘(B) make such investigations and reports relating to
the administration of the programs and operations of the
Department as are, in the senior official’s judgment, necessary or desirable;
‘‘(C) subject to the approval of the Secretary, require
by subpoena the production, by any person other than
a Federal agency, of all information, documents, reports,
answers, records, accounts, papers, and other data and
documentary evidence necessary to performance of the
responsibilities of the senior official under this section;
and
‘‘(D) administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary to performance of the responsibilities of the senior official under this
section.
‘‘(2) ENFORCEMENT OF SUBPOENAS.—Any subpoena issued
under paragraph (1)(C) shall, in the case of contumacy or
refusal to obey, be enforceable by order of any appropriate
United States district court.
‘‘(3) EFFECT OF OATHS.—Any oath, affirmation, or affidavit
administered or taken under paragraph (1)(D) by or before
an employee of the Privacy Office designated for that purpose
by the senior official appointed under subsection (a) shall have
the same force and effect as if administered or taken by or
before an officer having a seal of office.
‘‘(c) SUPERVISION AND COORDINATION.—
‘‘(1) IN GENERAL.—The senior official appointed under subsection (a) shall—

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‘‘(A) report to, and be under the general supervision
of, the Secretary; and
‘‘(B) coordinate activities with the Inspector General
of the Department in order to avoid duplication of effort.
‘‘(2) COORDINATION WITH THE INSPECTOR GENERAL.—
‘‘(A) IN GENERAL.—Except as provided in subparagraph
(B), the senior official appointed under subsection (a) may
investigate any matter relating to possible violations or
abuse concerning the administration of any program or
operation of the Department relevant to the purposes under
this section.
‘‘(B) COORDINATION.—
‘‘(i) REFERRAL.—Before initiating any investigation
described under subparagraph (A), the senior official
shall refer the matter and all related complaints,
allegations, and information to the Inspector General
of the Department.
‘‘(ii) DETERMINATIONS AND NOTIFICATIONS BY THE
INSPECTOR GENERAL.—
‘‘(I) IN GENERAL.—Not later than 30 days after
the receipt of a matter referred under clause (i),
the Inspector General shall—
‘‘(aa) make a determination regarding
whether the Inspector General intends to initiate an audit or investigation of the matter
referred under clause (i); and
‘‘(bb) notify the senior official of that determination.
‘‘(II) INVESTIGATION NOT INITIATED.—If the
Inspector General notifies the senior official under
subclause (I)(bb) that the Inspector General
intended to initiate an audit or investigation, but
does not initiate that audit or investigation within
90 days after providing that notification, the
Inspector General shall further notify the senior
official that an audit or investigation was not initiated. The further notification under this subclause
shall be made not later than 3 days after the
end of that 90-day period.
‘‘(iii) INVESTIGATION BY SENIOR OFFICIAL.—The
senior official may investigate a matter referred under
clause (i) if—
‘‘(I) the Inspector General notifies the senior
official under clause (ii)(I)(bb) that the Inspector
General does not intend to initiate an audit or
investigation relating to that matter; or
‘‘(II) the Inspector General provides a further
notification under clause (ii)(II) relating to that
matter.
‘‘(iv) PRIVACY TRAINING.—Any employee of the
Office of Inspector General who audits or investigates
any matter referred under clause (i) shall be required
to receive adequate training on privacy laws, rules,
and regulations, to be provided by an entity approved
by the Inspector General in consultation with the
senior official appointed under subsection (a).

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‘‘(d) NOTIFICATION TO CONGRESS ON REMOVAL.—If the Secretary
removes the senior official appointed under subsection (a) or transfers that senior official to another position or location within the
Department, the Secretary shall—
‘‘(1) promptly submit a written notification of the removal
or transfer to Houses of Congress; and
‘‘(2) include in any such notification the reasons for the
removal or transfer.
‘‘(e) REPORTS BY SENIOR OFFICIAL TO CONGRESS.—The senior
official appointed under subsection (a) shall—
‘‘(1) submit reports directly to the Congress regarding
performance of the responsibilities of the senior official under
this section, without any prior comment or amendment by
the Secretary, Deputy Secretary, or any other officer or
employee of the Department or the Office of Management and
Budget; and
‘‘(2) inform the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives not later
than—
‘‘(A) 30 days after the Secretary disapproves the senior
official’s request for a subpoena under subsection (b)(1)(C)
or the Secretary substantively modifies the requested subpoena; or
‘‘(B) 45 days after the senior official’s request for a
subpoena under subsection (b)(1)(C), if that subpoena has
not either been approved or disapproved by the Secretary.’’.
SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.

(a) IN GENERAL.—Section 1062 of the National Security Intelligence Reform Act of 2004 (title I of Public Law 108–458; 118
Stat. 3688) is amended to read as follows:
42 USC
2000ee–1.

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‘‘SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

‘‘(a) DESIGNATION AND FUNCTIONS.—The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of Homeland Security, the Director of National Intelligence,
the Director of the Central Intelligence Agency, and the head of
any other department, agency, or element of the executive branch
designated by the Privacy and Civil Liberties Oversight Board
under section 1061 to be appropriate for coverage under this section
shall designate not less than 1 senior officer to serve as the principal
advisor to—
‘‘(1) assist the head of such department, agency, or element
and other officials of such department, agency, or element
in appropriately considering privacy and civil liberties concerns
when such officials are proposing, developing, or implementing
laws, regulations, policies, procedures, or guidelines related
to efforts to protect the Nation against terrorism;
‘‘(2) periodically investigate and review department, agency,
or element actions, policies, procedures, guidelines, and related
laws and their implementation to ensure that such department,
agency, or element is adequately considering privacy and civil
liberties in its actions;
‘‘(3) ensure that such department, agency, or element has
adequate procedures to receive, investigate, respond to, and

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redress complaints from individuals who allege such department, agency, or element has violated their privacy or civil
liberties; and
‘‘(4) in providing advice on proposals to retain or enhance
a particular governmental power the officer shall consider
whether such department, agency, or element has established—
‘‘(A) that the need for the power is balanced with
the need to protect privacy and civil liberties;
‘‘(B) that there is adequate supervision of the use by
such department, agency, or element of the power to ensure
protection of privacy and civil liberties; and
‘‘(C) that there are adequate guidelines and oversight
to properly confine its use.
‘‘(b) EXCEPTION TO DESIGNATION AUTHORITY.—
‘‘(1) PRIVACY OFFICERS.—In any department, agency, or
element referred to in subsection (a) or designated by the
Privacy and Civil Liberties Oversight Board, which has a statutorily created privacy officer, such officer shall perform the
functions specified in subsection (a) with respect to privacy.
‘‘(2) CIVIL LIBERTIES OFFICERS.—In any department, agency,
or element referred to in subsection (a) or designated by the
Board, which has a statutorily created civil liberties officer,
such officer shall perform the functions specified in subsection
(a) with respect to civil liberties.
‘‘(c) SUPERVISION AND COORDINATION.—Each privacy officer or
civil liberties officer described in subsection (a) or (b) shall—
‘‘(1) report directly to the head of the department, agency,
or element concerned; and
‘‘(2) coordinate their activities with the Inspector General
of such department, agency, or element to avoid duplication
of effort.
‘‘(d) AGENCY COOPERATION.—The head of each department,
agency, or element shall ensure that each privacy officer and civil
liberties officer—
‘‘(1) has the information, material, and resources necessary
to fulfill the functions of such officer;
‘‘(2) is advised of proposed policy changes;
‘‘(3) is consulted by decision makers; and
‘‘(4) is given access to material and personnel the officer
determines to be necessary to carry out the functions of such
officer.
‘‘(e) REPRISAL FOR MAKING COMPLAINT.—No action constituting
a reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to
efforts to protect the Nation from terrorism shall be taken by
any Federal employee in a position to take such action, unless
the complaint was made or the information was disclosed with
the knowledge that it was false or with willful disregard for its
truth or falsity.
‘‘(f) PERIODIC REPORTS.—
‘‘(1) IN GENERAL.—The privacy officers and civil liberties
officers of each department, agency, or element referred to
or described in subsection (a) or (b) shall periodically, but

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not less than quarterly, submit a report on the activities of
such officers—
‘‘(A)(i) to the appropriate committees of Congress,
including the Committee on the Judiciary of the Senate,
the Committee on the Judiciary of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight
and Government Reform of the House of Representatives,
the Select Committee on Intelligence of the Senate, and
the Permanent Select Committee on Intelligence of the
House of Representatives;
‘‘(ii) to the head of such department, agency, or element; and
‘‘(iii) to the Privacy and Civil Liberties Oversight
Board; and
‘‘(B) which shall be in unclassified form to the greatest
extent possible, with a classified annex where necessary.
‘‘(2) CONTENTS.—Each report submitted under paragraph
(1) shall include information on the discharge of each of the
functions of the officer concerned, including—
‘‘(A) information on the number and types of reviews
undertaken;
‘‘(B) the type of advice provided and the response given
to such advice;
‘‘(C) the number and nature of the complaints received
by the department, agency, or element concerned for alleged
violations; and
‘‘(D) a summary of the disposition of such complaints,
the reviews and inquiries conducted, and the impact of
the activities of such officer.
‘‘(g) INFORMING THE PUBLIC.—Each privacy officer and civil
liberties officer shall—
‘‘(1) make the reports of such officer, including reports
to Congress, available to the public to the greatest extent
that is consistent with the protection of classified information
and applicable law; and
‘‘(2) otherwise inform the public of the activities of such
officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
‘‘(h) SAVINGS CLAUSE.—Nothing in this section shall be construed to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.’’.
(b) CLERICAL AMENDMENT.—The table of contents for the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law
108–458) is amended by striking the item relating to section 1062
and inserting the following new item:
‘‘Sec. 1062. Privacy and civil liberties officers.’’.
Federal Agency
Data Mining
Reporting Act
of 2007.
42 USC
2000ee–3.

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SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.

(a) SHORT TITLE.—This section may be cited as the ‘‘Federal
Agency Data Mining Reporting Act of 2007’’.
(b) DEFINITIONS.—In this section:
(1) DATA MINING.—The term ‘‘data mining’’ means a program involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where—

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(A) a department or agency of the Federal Government,
or a non-Federal entity acting on behalf of the Federal
Government, is conducting the queries, searches, or other
analyses to discover or locate a predictive pattern or
anomaly indicative of terrorist or criminal activity on the
part of any individual or individuals;
(B) the queries, searches, or other analyses are not
subject-based and do not use personal identifiers of a specific individual, or inputs associated with a specific individual or group of individuals, to retrieve information from
the database or databases; and
(C) the purpose of the queries, searches, or other analyses is not solely—
(i) the detection of fraud, waste, or abuse in a
Government agency or program; or
(ii) the security of a Government computer system.
(2) DATABASE.—The term ‘‘database’’ does not include telephone directories, news reporting, information publicly available to any member of the public without payment of a fee,
or databases of judicial and administrative opinions or other
legal research sources.
(c) REPORTS ON DATA MINING ACTIVITIES BY FEDERAL AGENCIES.—
(1) REQUIREMENT FOR REPORT.—The head of each department or agency of the Federal Government that is engaged
in any activity to use or develop data mining shall submit
a report to Congress on all such activities of the department
or agency under the jurisdiction of that official. The report
shall be produced in coordination with the privacy officer of
that department or agency, if applicable, and shall be made
available to the public, except for an annex described in
subparagraph (C).
(2) CONTENT OF REPORT.—Each report submitted under
subparagraph (A) shall include, for each activity to use or
develop data mining, the following information:
(A) A thorough description of the data mining activity,
its goals, and, where appropriate, the target dates for the
deployment of the data mining activity.
(B) A thorough description of the data mining technology that is being used or will be used, including the
basis for determining whether a particular pattern or
anomaly is indicative of terrorist or criminal activity.
(C) A thorough description of the data sources that
are being or will be used.
(D) An assessment of the efficacy or likely efficacy
of the data mining activity in providing accurate information consistent with and valuable to the stated goals and
plans for the use or development of the data mining
activity.
(E) An assessment of the impact or likely impact of
the implementation of the data mining activity on the
privacy and civil liberties of individuals, including a thorough description of the actions that are being taken or
will be taken with regard to the property, privacy, or other
rights or privileges of any individual or individuals as
a result of the implementation of the data mining activity.

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(F) A list and analysis of the laws and regulations
that govern the information being or to be collected,
reviewed, gathered, analyzed, or used in conjunction with
the data mining activity, to the extent applicable in the
context of the data mining activity.
(G) A thorough discussion of the policies, procedures,
and guidelines that are in place or that are to be developed
and applied in the use of such data mining activity in
order to—
(i) protect the privacy and due process rights of
individuals, such as redress procedures; and
(ii) ensure that only accurate and complete
information is collected, reviewed, gathered, analyzed,
or used, and guard against any harmful consequences
of potential inaccuracies.
(3) ANNEX.—
(A) IN GENERAL.—A report under subparagraph (A)
shall include in an annex any necessary—
(i) classified information;
(ii) law enforcement sensitive information;
(iii) proprietary business information; or
(iv) trade secrets (as that term is defined in section
1839 of title 18, United States Code).
(B) AVAILABILITY.—Any annex described in clause (i)—
(i) shall be available, as appropriate, and consistent with the National Security Act of 1947 (50
U.S.C. 401 et seq.), to the Committee on Homeland
Security and Governmental Affairs, the Committee on
the Judiciary, the Select Committee on Intelligence,
the Committee on Appropriations, and the Committee
on Banking, Housing, and Urban Affairs of the Senate
and the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Financial Services of the
House of Representatives; and
(ii) shall not be made available to the public.
(4) TIME FOR REPORT.—Each report required under
subparagraph (A) shall be—
(A) submitted not later than 180 days after the date
of enactment of this Act; and
(B) updated not less frequently than annually thereafter, to include any activity to use or develop data mining
engaged in after the date of the prior report submitted
under subparagraph (A).

TITLE IX—PRIVATE SECTOR
PREPAREDNESS
SEC. 901. PRIVATE SECTOR PREPAREDNESS.

(a) IN GENERAL.—Title V of the Homeland Security Act of
2002 (6 U.S.C. 311 et seq.), as amended by section 409, is further
amended by adding at the end the following:

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121 STAT. 465

‘‘SEC. 523. GUIDANCE AND RECOMMENDATIONS.

6 USC 321l.

‘‘(a) IN GENERAL.—Consistent with their responsibilities and
authorities under law, as of the day before the date of the enactment
of this section, the Administrator and the Assistant Secretary for
Infrastructure Protection, in consultation with the private sector,
may develop guidance or recommendations and identify best practices to assist or foster action by the private sector in—
‘‘(1) identifying potential hazards and assessing risks and
impacts;
‘‘(2) mitigating the impact of a wide variety of hazards,
including weapons of mass destruction;
‘‘(3) managing necessary emergency preparedness and
response resources;
‘‘(4) developing mutual aid agreements;
‘‘(5) developing and maintaining emergency preparedness
and response plans, and associated operational procedures;
‘‘(6) developing and conducting training and exercises to
support and evaluate emergency preparedness and response
plans and operational procedures;
‘‘(7) developing and conducting training programs for security guards to implement emergency preparedness and response
plans and operations procedures; and
‘‘(8) developing procedures to respond to requests for
information from the media or the public.
‘‘(b) ISSUANCE AND PROMOTION.—Any guidance or recommendations developed or best practices identified under subsection (a)
shall be—
‘‘(1) issued through the Administrator; and
‘‘(2) promoted by the Secretary to the private sector.
‘‘(c) SMALL BUSINESS CONCERNS.—In developing guidance or
recommendations or identifying best practices under subsection (a),
the Administrator and the Assistant Secretary for Infrastructure
Protection shall take into consideration small business concerns
(under the meaning given that term in section 3 of the Small
Business Act (15 U.S.C. 632)), including any need for separate
guidance or recommendations or best practices, as necessary and
appropriate.
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section may
be construed to supersede any requirement established under any
other provision of law.
‘‘SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND CERTIFICATION PROGRAM.

6 USC 321m.

‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—The Secretary, acting through the officer
designated under paragraph (2), shall establish and implement
the voluntary private sector preparedness accreditation and
certification program in accordance with this section.
‘‘(2) DESIGNATION OF OFFICER.—The Secretary shall designate an officer responsible for the accreditation and certification program under this section. Such officer (hereinafter
referred to in this section as the ‘designated officer’) shall
be one of the following:
‘‘(A) The Administrator, based on consideration of—
‘‘(i) the expertise of the Administrator in emergency management and preparedness in the United
States; and

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PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(ii) the responsibilities of the Administrator as
the principal advisor to the President for all matters
relating to emergency management in the United
States.
‘‘(B) The Assistant Secretary for Infrastructure Protection, based on consideration of the expertise of the Assistant
Secretary in, and responsibilities for—
‘‘(i) protection of critical infrastructure;
‘‘(ii) risk assessment methodologies; and
‘‘(iii) interacting with the private sector on the
issues described in clauses (i) and (ii).
‘‘(C) The Under Secretary for Science and Technology,
based on consideration of the expertise of the Under Secretary in, and responsibilities associated with, standards.
‘‘(3) COORDINATION.—In carrying out the accreditation and
certification program under this section, the designated officer
shall coordinate with—
‘‘(A) the other officers of the Department referred to
in paragraph (2), using the expertise and responsibilities
of such officers; and
‘‘(B) the Special Assistant to the Secretary for the
Private Sector, based on consideration of the expertise of
the Special Assistant in, and responsibilities for, interacting
with the private sector.
‘‘(b) VOLUNTARY PRIVATE SECTOR PREPAREDNESS STANDARDS;
VOLUNTARY ACCREDITATION AND CERTIFICATION PROGRAM FOR THE
PRIVATE SECTOR.—
‘‘(1) ACCREDITATION AND CERTIFICATION PROGRAM.—Not
later than 210 days after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007,
the designated officer shall—
‘‘(A) begin supporting the development and updating,
as necessary, of voluntary preparedness standards through
appropriate organizations that coordinate or facilitate the
development and use of voluntary consensus standards and
voluntary consensus standards development organizations;
and
‘‘(B) in consultation with representatives of appropriate
organizations that coordinate or facilitate the development
and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations,
each private sector advisory council created under section
102(f)(4), appropriate representatives of State and local
governments, including emergency management officials,
and appropriate private sector advisory groups, such as
sector coordinating councils and information sharing and
analysis centers—
‘‘(i) develop and promote a program to certify the
preparedness of private sector entities that voluntarily
choose to seek certification under the program; and
‘‘(ii) implement the program under this subsection
through any entity with which the designated officer
enters into an agreement under paragraph (3)(A),
which shall accredit third parties to carry out the
certification process under this section.
‘‘(2) PROGRAM ELEMENTS.—
‘‘(A) IN GENERAL.—

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‘‘(i) PROGRAM.—The program developed and implemented under this subsection shall assess whether a
private sector entity complies with voluntary preparedness standards.
‘‘(ii) GUIDELINES.—In developing the program
under this subsection, the designated officer shall
develop guidelines for the accreditation and certification processes established under this subsection.
‘‘(B) STANDARDS.—The designated officer, in consultation with representatives of appropriate organizations that
coordinate or facilitate the development and use of voluntary consensus standards, representatives of appropriate
voluntary consensus standards development organizations,
each private sector advisory council created under section
102(f)(4), appropriate representatives of State and local
governments, including emergency management officials,
and appropriate private sector advisory groups such as
sector coordinating councils and information sharing and
analysis centers—
‘‘(i) shall adopt one or more appropriate voluntary
preparedness standards that promote preparedness,
which may be tailored to address the unique nature
of various sectors within the private sector, as necessary and appropriate, that shall be used in the
accreditation and certification program under this subsection; and
‘‘(ii) after the adoption of one or more standards
under clause (i), may adopt additional voluntary
preparedness standards or modify or discontinue the
use of voluntary preparedness standards for the
accreditation and certification program, as necessary
and appropriate to promote preparedness.
‘‘(C) SUBMISSION OF RECOMMENDATIONS.—In adopting
one or more standards under subparagraph (B), the designated officer may receive recommendations from any
entity described in that subparagraph relating to appropriate voluntary preparedness standards, including appropriate sector specific standards, for adoption in the program.
‘‘(D) SMALL BUSINESS CONCERNS.—The designated
officer and any entity with which the designated officer
enters into an agreement under paragraph (3)(A) shall
establish separate classifications and methods of certification for small business concerns (under the meaning
given that term in section 3 of the Small Business Act
(15 U.S.C. 632)) for the program under this subsection.
‘‘(E) CONSIDERATIONS.—In developing and implementing the program under this subsection, the designated
officer shall—
‘‘(i) consider the unique nature of various sectors
within the private sector, including preparedness
standards, business continuity standards, or best practices, established—
‘‘(I) under any other provision of Federal law;
or

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121 STAT. 368

‘‘(II) by any sector-specific agency, as defined
under Homeland Security Presidential Directive–
7; and
‘‘(ii) coordinate the program, as appropriate, with—
‘‘(I) other Department private sector related
programs; and
‘‘(II) preparedness and business continuity programs in other Federal agencies.
‘‘(3) ACCREDITATION AND CERTIFICATION PROCESSES.—
‘‘(A) AGREEMENT.—
‘‘(i) IN GENERAL.—Not later than 210 days after
the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007,
the designated officer shall enter into one or more
agreements with a highly qualified nongovernmental
entity with experience or expertise in coordinating and
facilitating the development and use of voluntary consensus standards and in managing or implementing
accreditation and certification programs for voluntary
consensus standards, or a similarly qualified private
sector entity, to carry out accreditations and oversee
the certification process under this subsection. An
entity entering into an agreement with the designated
officer under this clause (hereinafter referred to in
this section as a ‘selected entity’) shall not perform
certifications under this subsection.
‘‘(ii) CONTENTS.—A selected entity shall manage
the accreditation process and oversee the certification
process in accordance with the program established
under this subsection and accredit qualified third parties to carry out the certification program established
under this subsection.
‘‘(B) PROCEDURES AND REQUIREMENTS FOR ACCREDITATION AND CERTIFICATION.—
‘‘(i) IN GENERAL.—Any selected entity shall collaborate to develop procedures and requirements for the
accreditation and certification processes under this
subsection, in accordance with the program established
under this subsection and guidelines developed under
paragraph (2)(A)(ii).
‘‘(ii) CONTENTS AND USE.—The procedures and
requirements developed under clause (i) shall—
‘‘(I) ensure reasonable uniformity in any
accreditation and certification processes if there
is more than one selected entity; and
‘‘(II) be used by any selected entity in conducting accreditations and overseeing the certification process under this subsection.
‘‘(iii) DISAGREEMENT.—Any disagreement among
selected entities in developing procedures under clause
(i) shall be resolved by the designated officer.
‘‘(C) DESIGNATION.—A selected entity may accredit any
qualified third party to carry out the certification process
under this subsection.
‘‘(D) DISADVANTAGED BUSINESS INVOLVEMENT.—In
accrediting qualified third parties to carry out the certification process under this subsection, a selected entity shall

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ensure, to the extent practicable, that the third parties
include qualified small, minority, women-owned, or disadvantaged business concerns when appropriate. The term
‘disadvantaged business concern’ means a small business
that is owned and controlled by socially and economically
disadvantaged individuals, as defined in section 124 of
title 13, United States Code of Federal Regulations.
‘‘(E) TREATMENT OF OTHER CERTIFICATIONS.—At the
request of any entity seeking certification, any selected
entity may consider, as appropriate, other relevant certifications acquired by the entity seeking certification. If the
selected entity determines that such other certifications
are sufficient to meet the certification requirement or
aspects of the certification requirement under this section,
the selected entity may give credit to the entity seeking
certification, as appropriate, to avoid unnecessarily duplicative certification requirements.
‘‘(F) THIRD PARTIES.—To be accredited under subparagraph (C), a third party shall—
‘‘(i) demonstrate that the third party has the ability
to certify private sector entities in accordance with
the procedures and requirements developed under
subparagraph (B);
‘‘(ii) agree to perform certifications in accordance
with such procedures and requirements;
‘‘(iii) agree not to have any beneficial interest in
or any direct or indirect control over—
‘‘(I) a private sector entity for which that third
party conducts a certification under this subsection; or
‘‘(II) any organization that provides preparedness consulting services to private sector entities;
‘‘(iv) agree not to have any other conflict of interest
with respect to any private sector entity for which
that third party conducts a certification under this
subsection;
‘‘(v) maintain liability insurance coverage at policy
limits in accordance with the requirements developed
under subparagraph (B); and
‘‘(vi) enter into an agreement with the selected
entity accrediting that third party to protect any
proprietary information of a private sector entity
obtained under this subsection.
‘‘(G) MONITORING.—
‘‘(i) IN GENERAL.—The designated officer and any
selected entity shall regularly monitor and inspect the
operations of any third party conducting certifications
under this subsection to ensure that the third party
is complying with the procedures and requirements
established under subparagraph (B) and all other
applicable requirements.
‘‘(ii) REVOCATION.—If the designated officer or any
selected entity determines that a third party is not
meeting the procedures or requirements established
under subparagraph (B), the selected entity shall—
‘‘(I) revoke the accreditation of that third party
to conduct certifications under this subsection; and

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‘‘(II) review any certification conducted by that
third party, as necessary and appropriate.
‘‘(4) ANNUAL REVIEW.—
‘‘(A) IN GENERAL.—The designated officer, in consultation with representatives of appropriate organizations that
coordinate or facilitate the development and use of voluntary consensus standards, appropriate voluntary consensus standards development organizations, appropriate
representatives of State and local governments, including
emergency management officials, and each private sector
advisory council created under section 102(f)(4), shall
annually review the voluntary accreditation and certification program established under this subsection to ensure
the effectiveness of such program (including the operations
and management of such program by any selected entity
and the selected entity’s inclusion of qualified disadvantaged business concerns under paragraph (3)(D)) and make
improvements and adjustments to the program as necessary and appropriate.
‘‘(B) REVIEW OF STANDARDS.—Each review under
subparagraph (A) shall include an assessment of the voluntary preparedness standard or standards used in the
program under this subsection.
‘‘(5) VOLUNTARY PARTICIPATION.—Certification under this
subsection shall be voluntary for any private sector entity.
‘‘(6) PUBLIC LISTING.—The designated officer shall maintain
and make public a listing of any private sector entity certified
as being in compliance with the program established under
this subsection, if that private sector entity consents to such
listing.
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this section may be
construed as—
‘‘(1) a requirement to replace any preparedness, emergency
response, or business continuity standards, requirements, or
best practices established—
‘‘(A) under any other provision of federal law; or
‘‘(B) by any sector-specific agency, as those agencies
are defined under Homeland Security Presidential Directive–7; or
‘‘(2) exempting any private sector entity seeking certification or meeting certification requirements under subsection
(b) from compliance with all applicable statutes, regulations,
directives, policies, and industry codes of practice.’’.
(b) REPORT TO CONGRESS.—Not later than 210 days after the
date of enactment of this Act, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security and the
Committee on Transportation and Infrastructure of the House of
Representatives a report detailing—
(1) any action taken to implement section 524(b) of the
Homeland Security Act of 2002, as added by subsection (a),
including a discussion of—
(A) the separate methods of classification and certification for small business concerns (under the meaning
given that term in section 3 of the Small Business Act
(15 U.S.C. 632)) as compared to other private sector entities; and

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(B) whether the separate classifications and methods
of certification for small business concerns are likely to
help to ensure that such measures are not overly burdensome and are adequate to meet the voluntary preparedness
standard or standards adopted by the program under section 524(b) of the Homeland Security Act of 2002, as added
by subsection (a); and
(2) the status, as of the date of that report, of the
implementation of that subsection.
(c) DEADLINE FOR DESIGNATION OF OFFICER.—The Secretary
of Homeland Security shall designate the officer as described in
section 524 of the Homeland Security Act of 2002, as added by
subsection (a), by not later than 30 days after the date of the
enactment of this Act.
(d) DEFINITION.—Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended by adding at the end the following:
‘‘(18) The term ‘voluntary preparedness standards’ means
a common set of criteria for preparedness, disaster management, emergency management, and business continuity programs, such as the American National Standards Institute’s
National Fire Protection Association Standard on Disaster/
Emergency Management and Business Continuity Programs
(ANSI/NFPA 1600).’’.
(e) CLERICAL AMENDMENTS.—The table of contents in section
1(b) of such Act is further amended by adding at the end the
following:

6 USC 321m
note.

‘‘Sec. 523. Guidance and recommendations.
‘‘Sec. 524. Voluntary private sector preparedness accreditation and certification
program.’’.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section and the amendments made by this section.
SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF
THE DEPARTMENT.

(a) IN GENERAL.—Section 102(f) of the Homeland Security Act
of 2002 (6 U.S.C. 112(f)) is amended—
(1) by redesignating paragraphs (8) through (10) as paragraphs (9) through (11), respectively; and
(2) by inserting after paragraph (7) the following:
‘‘(8) providing information to the private sector regarding
voluntary preparedness standards and the business justification
for preparedness and promoting to the private sector the adoption of voluntary preparedness standards;’’.
(b) PRIVATE SECTOR ADVISORY COUNCILS.—Section 102(f)(4) of
the Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended—
(1) in subparagraph (A), by striking ‘‘and’’ at the end;
(2) in subparagraph (B), by inserting ‘‘and’’ after the semicolon at the end; and
(3) by adding at the end the following:
‘‘(C) advise the Secretary on private sector preparedness issues, including effective methods for—
‘‘(i) promoting voluntary preparedness standards
to the private sector; and
‘‘(ii) assisting the private sector in adopting voluntary preparedness standards;’’.

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PUBLIC LAW 110–53—AUG. 3, 2007

TITLE X—IMPROVING CRITICAL
INFRASTRUCTURE SECURITY
SEC. 1001. NATIONAL ASSET DATABASE.

(a) IN GENERAL.—Subtitle A of title II of the Homeland Security
Act of 2002, as amended by title V, is further amended by adding
at the end the following new section:
6 USC 124l.

‘‘SEC. 210E. NATIONAL ASSET DATABASE.

‘‘(a) ESTABLISHMENT.—
‘‘(1) NATIONAL ASSET DATABASE.—The Secretary shall establish and maintain a national database of each system or asset
that—
‘‘(A) the Secretary, in consultation with appropriate
homeland security officials of the States, determines to
be vital and the loss, interruption, incapacity, or destruction
of which would have a negative or debilitating effect on
the economic security, public health, or safety of the United
States, any State, or any local government; or
‘‘(B) the Secretary determines is appropriate for inclusion in the database.
‘‘(2) PRIORITIZED CRITICAL INFRASTRUCTURE LIST.—In
accordance with Homeland Security Presidential Directive–7,
as in effect on January 1, 2007, the Secretary shall establish
and maintain a single classified prioritized list of systems and
assets included in the database under paragraph (1) that the
Secretary determines would, if destroyed or disrupted, cause
national or regional catastrophic effects.
‘‘(b) USE OF DATABASE.—The Secretary shall use the database
established under subsection (a)(1) in the development and
implementation of Department plans and programs as appropriate.
‘‘(c) MAINTENANCE OF DATABASE.—
‘‘(1) IN GENERAL.—The Secretary shall maintain and
annually update the database established under subsection
(a)(1) and the list established under subsection (a)(2),
including—
‘‘(A) establishing data collection guidelines and providing such guidelines to the appropriate homeland security
official of each State;
‘‘(B) regularly reviewing the guidelines established
under subparagraph (A), including by consulting with the
appropriate homeland security officials of States, to solicit
feedback about the guidelines, as appropriate;
‘‘(C) after providing the homeland security official of
a State with the guidelines under subparagraph (A),
allowing the official a reasonable amount of time to submit
to the Secretary any data submissions recommended by
the official for inclusion in the database established under
subsection (a)(1);
‘‘(D) examining the contents and identifying any
submissions made by such an official that are described
incorrectly or that do not meet the guidelines established
under subparagraph (A); and
‘‘(E) providing to the appropriate homeland security
official of each relevant State a list of submissions identified
under subparagraph (D) for review and possible correction

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before the Secretary finalizes the decision of which submissions will be included in the database established under
subsection (a)(1).
‘‘(2) ORGANIZATION OF INFORMATION IN DATABASE.—The
Secretary shall organize the contents of the database established under subsection (a)(1) and the list established under
subsection (a)(2) as the Secretary determines is appropriate.
Any organizational structure of such contents shall include
the categorization of the contents—
‘‘(A) according to the sectors listed in National Infrastructure Protection Plan developed pursuant to Homeland
Security Presidential Directive–7; and
‘‘(B) by the State and county of their location.
‘‘(3) PRIVATE SECTOR INTEGRATION.—The Secretary shall
identify and evaluate methods, including the Department’s Protected Critical Infrastructure Information Program, to acquire
relevant private sector information for the purpose of using
that information to generate any database or list, including
the database established under subsection (a)(1) and the list
established under subsection (a)(2).
‘‘(4) RETENTION OF CLASSIFICATION.—The classification of
information required to be provided to Congress, the Department, or any other department or agency under this section
by a sector-specific agency, including the assignment of a level
of classification of such information, shall be binding on Congress, the Department, and that other Federal agency.
‘‘(d) REPORTS.—
‘‘(1) REPORT REQUIRED.—Not later than 180 days after the
date of the enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, and annually thereafter,
the Secretary shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives
a report on the database established under subsection (a)(1)
and the list established under subsection (a)(2).
‘‘(2) CONTENTS OF REPORT.—Each such report shall include
the following:
‘‘(A) The name, location, and sector classification of
each of the systems and assets on the list established
under subsection (a)(2).
‘‘(B) The name, location, and sector classification of
each of the systems and assets on such list that are determined by the Secretary to be most at risk to terrorism.
‘‘(C) Any significant challenges in compiling the list
of the systems and assets included on such list or in the
database established under subsection (a)(1).
‘‘(D) Any significant changes from the preceding report
in the systems and assets included on such list or in
such database.
‘‘(E) If appropriate, the extent to which such database
and such list have been used, individually or jointly, for
allocating funds by the Federal Government to prevent,
reduce, mitigate, or respond to acts of terrorism.
‘‘(F) The amount of coordination between the Department and the private sector, through any entity of the
Department that meets with representatives of private
sector industries for purposes of such coordination, for the

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Deadline.

6 USC 124l note.

PUBLIC LAW 110–53—AUG. 3, 2007

purpose of ensuring the accuracy of such database and
such list.
‘‘(G) Any other information the Secretary deems relevant.
‘‘(3) CLASSIFIED INFORMATION.—The report shall be submitted in unclassified form but may contain a classified annex.
‘‘(e) INSPECTOR GENERAL STUDY.—By not later than two years
after the date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Inspector General of
the Department shall conduct a study of the implementation of
this section.
‘‘(f) NATIONAL INFRASTRUCTURE PROTECTION CONSORTIUM.—The
Secretary may establish a consortium to be known as the ‘National
Infrastructure Protection Consortium’. The Consortium may advise
the Secretary on the best way to identify, generate, organize, and
maintain any database or list of systems and assets established
by the Secretary, including the database established under subsection (a)(1) and the list established under subsection (a)(2). If
the Secretary establishes the National Infrastructure Protection
Consortium, the Consortium may—
‘‘(1) be composed of national laboratories, Federal agencies,
State and local homeland security organizations, academic
institutions, or national Centers of Excellence that have demonstrated experience working with and identifying critical infrastructure and key resources; and
‘‘(2) provide input to the Secretary on any request pertaining to the contents of such database or such list.’’.
(b) DEADLINES FOR IMPLEMENTATION AND NOTIFICATION OF
CONGRESS.—Not later than 180 days after the date of the enactment
of this Act, the Secretary of Homeland Security shall submit the
first report required under section 210E(d) of the Homeland Security
Act of 2002, as added by subsection (a).
(c) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act is further amended by inserting after the item
relating to section 210D the following:
‘‘Sec. 210E. National Asset Database.’’.
SEC. 1002. RISK ASSESSMENTS AND REPORT.

(a) RISK ASSESSMENTS.—Section 201(d) of the Homeland Security Act of 2002 (6 U.S.C. 121(d)) is further amended by adding
at the end the following new paragraph:
‘‘(25) To prepare and submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on Homeland Security in the House of Representatives,
and to other appropriate congressional committees having jurisdiction over the critical infrastructure or key resources, for
each sector identified in the National Infrastructure Protection
Plan, a report on the comprehensive assessments carried out
by the Secretary of the critical infrastructure and key resources
of the United States, evaluating threat, vulnerability, and consequence, as required under this subsection. Each such report—
‘‘(A) shall contain, if applicable, actions or countermeasures recommended or taken by the Secretary or the
head of another Federal agency to address issues identified
in the assessments;
‘‘(B) shall be required for fiscal year 2007 and each
subsequent fiscal year and shall be submitted not later

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than 35 days after the last day of the fiscal year covered
by the report; and
‘‘(C) may be classified.’’.
(b) REPORT ON INDUSTRY PREPAREDNESS.—Not later than 6
months after the last day of fiscal year 2007 and each subsequent
fiscal year, the Secretary of Homeland Security, in cooperation
with the Secretary of Commerce, the Secretary of Transportation,
the Secretary of Defense, and the Secretary of Energy, shall submit
to the Committee on Banking, Housing, and Urban Affairs and
the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Financial Services and the
Committee on Homeland Security of the House of Representatives
a report that details the actions taken by the Federal Government
to ensure, in accordance with subsections (a) and (c) of section
101 of the Defense Production Act of 1950 (50 U.S.C. App. 2071),
the preparedness of industry to reduce interruption of critical infrastructure and key resource operations during an act of terrorism,
natural catastrophe, or other similar national emergency.

50 USC app.
2071 note.

SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF
LEVEES IN THE NATIONAL INFRASTRUCTURE PROTECTION PLAN.

It is the sense of Congress that the Secretary should ensure
that levees are included in one of the critical infrastructure and
key resources sectors identified in the National Infrastructure
Protection Plan.

TITLE
XI—ENHANCED
AGAINST WEAPONS OF
STRUCTION

DEFENSES
MASS DE-

SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

(a) IN GENERAL.—Title III of the Homeland Security Act of
2002 (6 U.S.C. et seq.) is amended by adding at the end the
following:
‘‘SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

‘‘(a) ESTABLISHMENT.—The Secretary shall establish, operate,
and maintain a National Biosurveillance Integration Center
(referred to in this section as the ‘NBIC’), which shall be headed
by a Directing Officer, under an office or directorate of the Department that is in existence as of the date of the enactment of this
section.
‘‘(b) PRIMARY MISSION.—The primary mission of the NBIC is
to—
‘‘(1) enhance the capability of the Federal Government to—
‘‘(A) rapidly identify, characterize, localize, and track
a biological event of national concern by integrating and
analyzing data relating to human health, animal, plant,
food, and environmental monitoring systems (both national
and international); and
‘‘(B) disseminate alerts and other information to
Member Agencies and, in coordination with (and where
possible through) Member Agencies, to agencies of State,
local, and tribal governments, as appropriate, to enhance

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the ability of such agencies to respond to a biological event
of national concern; and
‘‘(2) oversee development and operation of the National
Biosurveillance Integration System.
‘‘(c) REQUIREMENTS.—The NBIC shall detect, as early as possible, a biological event of national concern that presents a risk
to the United States or the infrastructure or key assets of the
United States, including by—
‘‘(1) consolidating data from all relevant surveillance systems maintained by Member Agencies to detect biological events
of national concern across human, animal, and plant species;
‘‘(2) seeking private sources of surveillance, both foreign
and domestic, when such sources would enhance coverage of
critical surveillance gaps;
‘‘(3) using an information technology system that uses the
best available statistical and other analytical tools to identify
and characterize biological events of national concern in as
close to real-time as is practicable;
‘‘(4) providing the infrastructure for such integration,
including information technology systems and space, and support for personnel from Member Agencies with sufficient expertise to enable analysis and interpretation of data;
‘‘(5) working with Member Agencies to create information
technology systems that use the minimum amount of patient
data necessary and consider patient confidentiality and privacy
issues at all stages of development and apprise the Privacy
Officer of such efforts; and
‘‘(6) alerting Member Agencies and, in coordination with
(and where possible through) Member Agencies, public health
agencies of State, local, and tribal governments regarding any
incident that could develop into a biological event of national
concern.
‘‘(d) RESPONSIBILITIES OF THE DIRECTING OFFICER OF THE
NBIC.—
‘‘(1) IN GENERAL.—The Directing Officer of the NBIC shall—
‘‘(A) on an ongoing basis, monitor the availability and
appropriateness of surveillance systems used by the NBIC
and those systems that could enhance biological situational
awareness or the overall performance of the NBIC;
‘‘(B) on an ongoing basis, review and seek to improve
the statistical and other analytical methods used by the
NBIC;
‘‘(C) receive and consider other relevant homeland security information, as appropriate; and
‘‘(D) provide technical assistance, as appropriate, to
all Federal, regional, State, local, and tribal government
entities and private sector entities that contribute data
relevant to the operation of the NBIC.
‘‘(2) ASSESSMENTS.—The Directing Officer of the NBIC
shall—
‘‘(A) on an ongoing basis, evaluate available data for
evidence of a biological event of national concern; and
‘‘(B) integrate homeland security information with
NBIC data to provide overall situational awareness and
determine whether a biological event of national concern
has occurred.
‘‘(3) INFORMATION SHARING.—

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121 STAT. 477

‘‘(A) IN GENERAL.—The Directing Officer of the NBIC
shall—
‘‘(i) establish a method of real-time communication
with the National Operations Center;
‘‘(ii) in the event that a biological event of national
concern is detected, notify the Secretary and disseminate results of NBIC assessments relating to that
biological event of national concern to appropriate Federal response entities and, in coordination with relevant Member Agencies, regional, State, local, and
tribal governmental response entities in a timely
manner;
‘‘(iii) provide any report on NBIC assessments to
Member Agencies and, in coordination with relevant
Member Agencies, any affected regional, State, local,
or tribal government, and any private sector entity
considered appropriate that may enhance the mission
of such Member Agencies, governments, or entities
or the ability of the Nation to respond to biological
events of national concern; and
‘‘(iv) share NBIC incident or situational awareness
reports, and other relevant information, consistent with
the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) and any policies,
guidelines, procedures, instructions, or standards
established under that section.
‘‘(B) CONSULTATION.—The Directing Officer of the
NBIC shall implement the activities described in subparagraph (A) consistent with the policies, guidelines, procedures, instructions, or standards established under section
1016 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 485) and in consultation with the
Director of National Intelligence, the Under Secretary for
Intelligence and Analysis, and other offices or agencies
of the Federal Government, as appropriate.
‘‘(e) RESPONSIBILITIES OF THE NBIC MEMBER AGENCIES.—
‘‘(1) IN GENERAL.—Each Member Agency shall—
‘‘(A) use its best efforts to integrate biosurveillance
information into the NBIC, with the goal of promoting
information sharing between Federal, State, local, and
tribal governments to detect biological events of national
concern;
‘‘(B) provide timely information to assist the NBIC
in maintaining biological situational awareness for accurate
detection and response purposes;
‘‘(C) enable the NBIC to receive and use biosurveillance
information from member agencies to carry out its requirements under subsection (c);
‘‘(D) connect the biosurveillance data systems of that
Member Agency to the NBIC data system under mutually
agreed protocols that are consistent with subsection (c)(5);
‘‘(E) participate in the formation of strategy and policy
for the operation of the NBIC and its information sharing;
‘‘(F) provide personnel to the NBIC under an interagency personnel agreement and consider the qualifications
of such personnel necessary to provide human, animal,

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121 STAT. 378

Establishment.

PUBLIC LAW 110–53—AUG. 3, 2007

and environmental data analysis and interpretation support to the NBIC; and
‘‘(G) retain responsibility for the surveillance and intelligence systems of that department or agency, if applicable.
‘‘(f) ADMINISTRATIVE AUTHORITIES.—
‘‘(1) HIRING OF EXPERTS.—The Directing Officer of the NBIC
shall hire individuals with the necessary expertise to develop
and operate the NBIC.
‘‘(2) DETAIL OF PERSONNEL.—Upon the request of the
Directing Officer of the NBIC, the head of any Federal department or agency may detail, on a reimbursable basis, any of
the personnel of that department or agency to the Department
to assist the NBIC in carrying out this section.
‘‘(g) NBIC INTERAGENCY WORKING GROUP.—The Directing
Officer of the NBIC shall—
‘‘(1) establish an interagency working group to facilitate
interagency cooperation and to advise the Directing Officer
of the NBIC regarding recommendations to enhance the biosurveillance capabilities of the Department; and
‘‘(2) invite Member Agencies to serve on that working group.
‘‘(h) RELATIONSHIP TO OTHER DEPARTMENTS AND AGENCIES.—
The authority of the Directing Officer of the NBIC under this
section shall not affect any authority or responsibility of any other
department or agency of the Federal Government with respect
to biosurveillance activities under any program administered by
that department or agency.
‘‘(i) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
‘‘(j) DEFINITIONS.—In this section:
‘‘(1) The terms ‘biological agent’ and ‘toxin’ have the
meanings given those terms in section 178 of title 18, United
States Code.
‘‘(2) The term ‘biological event of national concern’ means—
‘‘(A) an act of terrorism involving a biological agent
or toxin; or
‘‘(B) a naturally occurring outbreak of an infectious
disease that may result in a national epidemic.
‘‘(3) The term ‘homeland security information’ has the
meaning given that term in section 892.
‘‘(4) The term ‘Member Agency’ means any Federal department or agency that, at the discretion of the head of that
department or agency, has entered a memorandum of understanding regarding participation in the NBIC.
‘‘(5) The term ‘Privacy Officer’ means the Privacy Officer
appointed under section 222.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.)
is amended by inserting after the item relating to section 315
the following:
‘‘Sec. 316. National Biosurveillance Integration Center.’’.

6 USC 195b note.

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(c) DEADLINE FOR IMPLEMENTATION.—The National Biosurveillance Integration Center under section 316 of the Homeland Security Act, as added by subsection (a), shall be fully operational
by not later than September 30, 2008.

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 379

(d) REPORT.—Not later than 180 days after the date of enactment of this Act, the Secretary of Homeland Security shall submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives an interim report on the status of the
operations at the National Biosurviellance Integration Center that
addresses the efforts of the Center to integrate the surveillance
efforts of Federal, State, local, and tribal governments. When the
National Biosurveillance Integration Center is fully operational,
the Secretary shall submit to such committees a final report on
the status of such operations.
SEC. 1102. BIOSURVEILLANCE EFFORTS.

The Comptroller General of the United States shall submit
to Congress a report—
(1) describing the state of Federal, State, local, and tribal
government biosurveillance efforts as of the date of such report;
(2) describing any duplication of effort at the Federal, State,
local, or tribal government level to create biosurveillance systems; and
(3) providing the recommendations of the Comptroller General regarding—
(A) the integration of biosurveillance systems;
(B) the effective use of biosurveillance resources; and
(C) the effective use of the expertise of Federal, State,
local, and tribal governments.
SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES
AGAINST NUCLEAR AND RADIOLOGICAL WEAPONS OF
MASS DESTRUCTION.

(a) IN GENERAL.—The Homeland Security Act of 2002 (6 U.S.C.
101 et seq.) is amended by inserting after section 1906, as redesignated by section 104, the following:
‘‘SEC.

1907.

JOINT ANNUAL INTERAGENCY REVIEW
NUCLEAR DETECTION ARCHITECTURE.

OF

GLOBAL

6 USC 596a.

‘‘(a) ANNUAL REVIEW.—
‘‘(1) IN GENERAL.—The Secretary, the Attorney General,
the Secretary of State, the Secretary of Defense, the Secretary
of Energy, and the Director of National Intelligence shall jointly
ensure interagency coordination on the development and
implementation of the global nuclear detection architecture by
ensuring that, not less frequently than once each year—
‘‘(A) each relevant agency, office, or entity—
‘‘(i) assesses its involvement, support, and participation in the development, revision, and implementation of the global nuclear detection architecture; and
‘‘(ii) examines and evaluates components of the
global nuclear detection architecture (including associated strategies and acquisition plans) relating to the
operations of that agency, office, or entity, to determine
whether such components incorporate and address current threat assessments, scenarios, or intelligence analyses developed by the Director of National Intelligence
or other agencies regarding threats relating to nuclear
or radiological weapons of mass destruction; and

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121 STAT. 380

PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(B) each agency, office, or entity deploying or operating
any nuclear or radiological detection technology under the
global nuclear detection architecture—
‘‘(i) evaluates the deployment and operation of
nuclear or radiological detection technologies under the
global nuclear detection architecture by that agency,
office, or entity;
‘‘(ii) identifies performance deficiencies and operational or technical deficiencies in nuclear or radiological detection technologies deployed under the global
nuclear detection architecture; and
‘‘(iii) assesses the capacity of that agency, office,
or entity to implement the responsibilities of that
agency, office, or entity under the global nuclear detection architecture.
‘‘(2) TECHNOLOGY.—Not less frequently than once each
year, the Secretary shall examine and evaluate the development, assessment, and acquisition of radiation detection technologies deployed or implemented in support of the domestic
portion of the global nuclear detection architecture.
‘‘(b) ANNUAL REPORT ON JOINT INTERAGENCY REVIEW.—
‘‘(1) IN GENERAL.—Not later than March 31 of each year,
the Secretary, the Attorney General, the Secretary of State,
the Secretary of Defense, the Secretary of Energy, and the
Director of National Intelligence, shall jointly submit a report
regarding the implementation of this section and the results
of the reviews required under subsection (a) to—
‘‘(A) the President;
‘‘(B) the Committee on Appropriations, the Committee
on Armed Services, the Select Committee on Intelligence,
and the Committee on Homeland Security and Governmental Affairs of the Senate; and
‘‘(C) the Committee on Appropriations, the Committee
on Armed Services, the Permanent Select Committee on
Intelligence, the Committee on Homeland Security, and
the Committee on Science and Technology of the House
of Representatives.
‘‘(2) FORM.—The annual report submitted under paragraph
(1) shall be submitted in unclassified form to the maximum
extent practicable, but may include a classified annex.
‘‘(c) DEFINITION.—In this section, the term ‘global nuclear detection architecture’ means the global nuclear detection architecture
developed under section 1902.’’.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)
is amended by inserting after the item relating to section 1906,
as added by section 104, the following:
‘‘Sec. 1907. Joint annual interagency review of global nuclear detection architecture.’’.
6 USC 921a.

SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.

(a) RESPONSIBILITY OF SECRETARY.—The Secretary of Homeland
Security shall have responsibility for ensuring that domestic chemical, biological, radiological, and nuclear detection equipment and
technologies are integrated, as appropriate, with other border security systems and detection technologies.

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(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Secretary shall submit a report to Congress
that contains a plan to develop a departmental technology assessment process to determine and certify the technology readiness
levels of chemical, biological, radiological, and nuclear detection
technologies before the full deployment of such technologies within
the United States.

TITLE XII—TRANSPORTATION SECURITY PLANNING AND INFORMATION
SHARING
SEC. 1201. DEFINITIONS.

6 USC 1101.

For purposes of this title, the following terms apply:
(1) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.

(a) IN GENERAL.—Section 114(t)(1)(B) of title 49, United States
Code, is amended to read as follows:
‘‘(B) transportation modal security plans addressing
security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime,
pipeline, public transportation, over-the-road bus, and other
transportation infrastructure assets.’’.
(b) CONTENTS OF THE NATIONAL STRATEGY FOR TRANSPORTATION SECURITY.—Section 114(t)(3) of such title is amended—
(1) in subparagraph (B), by inserting ‘‘, based on risk
assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the
Implementing Recommendations of the 9/11 Commission Act
of 2007’’ after ‘‘risk based priorities’’;
(2) in subparagraph (D)—
(A) by striking ‘‘and local’’ and inserting ‘‘local, and
tribal’’; and
(B) by striking ‘‘private sector cooperation and participation’’ and inserting ‘‘cooperation and participation by private sector entities, including nonprofit employee labor
organizations,’’;
(3) in subparagraph (E)—
(A) by striking ‘‘response’’ and inserting ‘‘prevention,
response,’’; and
(B) by inserting ‘‘and threatened and executed acts
of terrorism outside the United States to the extent such
acts affect United States transportation systems’’ before
the period at the end;
(4) in subparagraph (F), by adding at the end the following:
‘‘Transportation security research and development projects
shall be based, to the extent practicable, on such prioritization.
Nothing in the preceding sentence shall be construed to require
the termination of any research or development project initiated
by the Secretary of Homeland Security or the Secretary of

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121 STAT. 382

PUBLIC LAW 110–53—AUG. 3, 2007

Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of
2007.’’; and
(5) by adding at the end the following:
‘‘(G) A 3- and 10-year budget for Federal transportation
security programs that will achieve the priorities of the
National Strategy for Transportation Security.
‘‘(H) Methods for linking the individual transportation
modal security plans and the programs contained therein,
and a plan for addressing the security needs of intermodal
transportation.
‘‘(I) Transportation modal security plans described in
paragraph (1)(B), including operational recovery plans to
expedite, to the maximum extent practicable, the return
to operation of an adversely affected transportation system
following a major terrorist attack on that system or other
incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the
SAFE Port Act (6 U.S.C. 942) and the National Maritime
Transportation Security Plan required under section
70103(a) of title 46.’’.
(c) PERIODIC PROGRESS REPORTS.—Section 114(t)(4) of such title
is amended—
(1) in subparagraph (C)—
(A) in clause (i) by inserting ‘‘, including the transportation modal security plans’’ before the period at the end;
and
(B) by striking clause (ii) and inserting the following:
‘‘(ii) CONTENT.—Each progress report submitted
under this subparagraph shall include, at a minimum,
the following:
‘‘(I) Recommendations for improving and
implementing the National Strategy for Transportation Security and the transportation modal and
intermodal security plans that the Secretary of
Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.
‘‘(II) An accounting of all grants for transportation security, including grants and contracts for
research and development, awarded by the Secretary of Homeland Security in the most recent
fiscal year and a description of how such grants
accomplished the goals of the National Strategy
for Transportation Security.
‘‘(III) An accounting of all—
‘‘(aa) funds requested in the President’s
budget submitted pursuant to section 1105 of
title 31 for the most recent fiscal year for
transportation security, by mode;
‘‘(bb) personnel working on transportation
security by mode, including the number of contractors; and
‘‘(cc) information on the turnover in the
previous year among senior staff of the
Department of Homeland Security, including
component agencies, working on transportation security issues. Such information shall

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121 STAT. 383

include the number of employees who have
permanently left the office, agency, or area
in which they worked, and the amount of time
that they worked for the Department.
‘‘(iii) WRITTEN EXPLANATION OF TRANSPORTATION
SECURITY ACTIVITIES NOT DELINEATED IN THE NATIONAL
STRATEGY FOR TRANSPORTATION SECURITY.—At the end

of each fiscal year, the Secretary of Homeland Security
shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the
National Strategy for Transportation Security,
including the amount of funds to be expended for the
activity and the number of personnel involved.’’; and
(2) by striking subparagraph (E) and inserting the following:
‘‘(E)
APPROPRIATE
CONGRESSIONAL
COMMITTEES
DEFINED.—In this subsection, the term ‘appropriate
congressional committees’ means the Committee on
Transportation and Infrastructure and the Committee on
Homeland Security of the House of Representatives and
the Committee on Commerce, Science, and Transportation,
the Committee on Homeland Security and Governmental
Affairs, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.’’.
(d) PRIORITY STATUS.—Section 114(t)(5)(B) of such title is
amended—
(1) in clause (iii), by striking ‘‘and’’ at the end;
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
‘‘(iv) the transportation sector specific plan
required under Homeland Security Presidential Directive–7; and’’.
(e) COORDINATION AND PLAN DISTRIBUTION.—Section 114(t) of
such title is amended by adding at the end the following:
‘‘(6) COORDINATION.—In carrying out the responsibilities
under this section, the Secretary of Homeland Security, in
coordination with the Secretary of Transportation, shall consult,
as appropriate, with Federal, State, and local agencies, tribal
governments, private sector entities (including nonprofit
employee labor organizations), institutions of higher learning,
and other entities.
‘‘(7) PLAN DISTRIBUTION.—The Secretary of Homeland Security shall make available and appropriately publicize an
unclassified version of the National Strategy for Transportation
Security, including its component transportation modal security
plans, to Federal, State, regional, local and tribal authorities,
transportation system owners or operators, private sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher
learning, and other appropriate entities.’’.
SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.

(a) IN GENERAL.—Section 114 of title 49, United States Code,
is amended by adding at the end the following:
‘‘(u) TRANSPORTATION SECURITY INFORMATION SHARING PLAN.—
‘‘(1) DEFINITIONS.—In this subsection:

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PUBLIC LAW 110–53—AUG. 3, 2007
‘‘(A) APPROPRIATE CONGRESSIONAL COMMITTEES.—The
term ‘appropriate congressional committees’ has the
meaning given that term in subsection (t).
‘‘(B) PLAN.—The term ‘Plan’ means the Transportation
Security Information Sharing Plan established under paragraph (2).
‘‘(C) PUBLIC AND PRIVATE STAKEHOLDERS.—The term
‘public and private stakeholders’ means Federal, State, and
local agencies, tribal governments, and appropriate private
entities, including nonprofit employee labor organizations
representing transportation employees.
‘‘(D) SECRETARY.—The term ‘Secretary’ means the Secretary of Homeland Security.
‘‘(E) TRANSPORTATION SECURITY INFORMATION.—The
term ‘transportation security information’ means information relating to the risks to transportation modes, including
aviation, public transportation, railroad, ferry, highway,
maritime, pipeline, and over-the-road bus transportation,
and may include specific and general intelligence products,
as appropriate.
‘‘(2) ESTABLISHMENT OF PLAN.—The Secretary of Homeland
Security, in consultation with the program manager of the
information sharing environment established under section
1016 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485), the Secretary of Transportation, and
public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In establishing the
Plan, the Secretary shall gather input on the development
of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).
‘‘(3) PURPOSE OF PLAN.—The Plan shall promote sharing
of transportation security information between the Department
of Homeland Security and public and private stakeholders.
‘‘(4) CONTENT OF PLAN.—The Plan shall include—
‘‘(A) a description of how intelligence analysts within
the Department of Homeland Security will coordinate their
activities within the Department and with other Federal,
State, and local agencies, and tribal governments, including
coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of
2007;
‘‘(B) the establishment of a point of contact, which
may be a single point of contact within the Department
of Homeland Security, for each mode of transportation for
the sharing of transportation security information with
public and private stakeholders, including an explanation
and justification to the appropriate congressional committees if the point of contact established pursuant to this
subparagraph differs from the agency within the Department that has the primary authority, or has been delegated
such authority by the Secretary, to regulate the security
of that transportation mode;
‘‘(C) a reasonable deadline by which the Plan will be
implemented; and

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‘‘(D) a description of resource needs for fulfilling the
Plan.
‘‘(5) COORDINATION WITH INFORMATION SHARING .—The Plan
shall be—
‘‘(A) implemented in coordination, as appropriate, with
the program manager for the information sharing environment established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
‘‘(B) consistent with the establishment of the information sharing environment and any policies, guidelines,
procedures, instructions, or standards established by the
President or the program manager for the implementation
and management of the information sharing environment.
‘‘(6) REPORTS TO CONGRESS.—
‘‘(A) IN GENERAL.—Not later than 150 days after the
date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the appropriate congressional committees, a report containing the Plan.
‘‘(B) ANNUAL REPORT.—Not later than 1 year after the
date of enactment of this subsection, the Secretary shall
submit to the appropriate congressional committees a
report on updates to and the implementation of the Plan.
‘‘(7) SURVEY AND REPORT.—
‘‘(A) IN GENERAL.—The Comptroller General of the
United States shall conduct a biennial survey of the satisfaction of recipients of transportation intelligence reports
disseminated under the Plan.
‘‘(B) INFORMATION SOUGHT.—The survey conducted
under subparagraph (A) shall seek information about the
quality, speed, regularity, and classification of the transportation security information products disseminated by the
Department of Homeland Security to public and private
stakeholders.
‘‘(C) REPORT.—Not later than 1 year after the date
of the enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, and every even numbered year thereafter, the Comptroller General shall submit
to the appropriate congressional committees, a report on
the results of the survey conducted under subparagraph
(A). The Comptroller General shall also provide a copy
of the report to the Secretary.
‘‘(8) SECURITY CLEARANCES.—The Secretary shall, to the
greatest extent practicable, take steps to expedite the security
clearances needed for designated public and private stakeholders to receive and obtain access to classified information
distributed under this section, as appropriate.
‘‘(9) CLASSIFICATION OF MATERIAL.—The Secretary, to the
greatest extent practicable, shall provide designated public and
private stakeholders with transportation security information
in an unclassified format.’’.
(b) CONGRESSIONAL OVERSIGHT OF SECURITY ASSURANCE FOR
PUBLIC AND PRIVATE STAKEHOLDERS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Secretary shall provide a semiannual report to the Committee
on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the

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49 USC 114 note.
Reports.

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PUBLIC LAW 110–53—AUG. 3, 2007
Committee on Banking, Housing, and Urban Affairs of the
Senate and the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of
Representatives that includes—
(A) the number of public and private stakeholders who
were provided with each report;
(B) a description of the measures the Secretary has
taken, under section 114(u)(7) of title 49, United States
Code, as added by this section, or otherwise, to ensure
proper treatment and security for any classified information
to be shared with the public and private stakeholders under
the Plan; and
(C) an explanation of the reason for the denial of
transportation security information to any stakeholder who
had previously received such information.
(2) NO REPORT REQUIRED IF NO CHANGES IN STAKEHOLDERS.—The Secretary is not required to provide a semiannual report under paragraph (1) if no stakeholders have
been added to or removed from the group of persons with
whom transportation security information is shared under the
plan since the end of the period covered by the last preceding
semiannual report.

Establishment.
6 USC 1102.

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SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

(a) IN GENERAL.—The Secretary is authorized to establish,
operate, and maintain a National Domestic Preparedness Consortium within the Department.
(b) MEMBERS.—Members of the National Domestic Preparedness Consortium shall consist of—
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and Rescue Training
Center, Texas A&M University;
(5) the National Exercise, Test, and Training Center,
Nevada Test Site;
(6) the Transportation Technology Center, Incorporated,
in Pueblo, Colorado; and
(7) the National Disaster Preparedness Training Center,
University of Hawaii.
(c) DUTIES.—The National Domestic Preparedness Consortium
shall identify, develop, test, and deliver training to State, local,
and tribal emergency response providers, provide on-site and mobile
training at the performance and management and planning levels,
and facilitate the delivery of training by the training partners
of the Department.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary—
(1) for the Center for Domestic Preparedness—
(A) $57,000,000 for fiscal year 2008;
(B) $60,000,000 for fiscal year 2009;
(C) $63,000,000 for fiscal year 2010; and
(D) $66,000,000 for fiscal year 2011; and
(2) for the National Energetic Materials Research and
Testing Center, the National Center for Biomedical Research

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and Training, the National Emergency Response and Rescue
Training Center, the National Exercise, Test, and Training
Center, the Transportation Technology Center, Incorporated,
and the National Disaster Preparedness Training Center each—
(A) $22,000,000 for fiscal year 2008;
(B) $23,000,000 for fiscal year 2009;
(C) $24,000,000 for fiscal year 2010; and
(D) $25,500,000 for fiscal year 2011.
(e) SAVINGS PROVISION.—From the amounts appropriated
pursuant to this section, the Secretary shall ensure that future
amounts provided to each of the following entities are not less
than the amounts provided to each such entity for participation
in the Consortium in fiscal year 2007—
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology;
(3) the National Center for Biomedical Research and
Training, Louisiana State University;
(4) the National Emergency Response and Rescue Training
Center, Texas A&M University; and
(5) the National Exercise, Test, and Training Center,
Nevada Test Site.
SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.

6 USC 1103.

(a) ESTABLISHMENT.—The Secretary shall establish a National
Transportation Security Center of Excellence to conduct research
and education activities, and to develop or provide professional
security training, including the training of transportation employees
and transportation professionals.
(b) DESIGNATION.—The Secretary shall select one of the institutions identified in subsection (c) as the lead institution responsible
for coordinating the National Transportation Security Center of
Excellence.
(c) MEMBER INSTITUTIONS.—
(1) CONSORTIUM.—The institution of higher education
selected under subsection (b) shall execute agreements with
the other institutions of higher education identified in this
subsection and other institutions designated by the Secretary
to develop a consortium to assist in accomplishing the goals
of the Center.
(2) MEMBERS.—The National Transportation Security
Center of Excellence shall consist of—
(A) Texas Southern University in Houston, Texas;
(B) the National Transit Institute at Rutgers, The State
University of New Jersey;
(C) Tougaloo College;
(D) the Connecticut Transportation Institute at the
University of Connecticut;
(E) the Homeland Security Management Institute,
Long Island University;
(F) the Mack-Blackwell National Rural Transportation
Study Center at the University of Arkansas; and
(G) any additional institutions or facilities designated
by the Secretary.

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(3) CERTAIN INCLUSIONS.—To the extent practicable, the
Secretary shall ensure that an appropriate number of any additional consortium colleges or universities designated by the
Secretary under this subsection are Historically Black Colleges
and Universities, Hispanic Serving Institutions, and Indian
Tribally Controlled Colleges and Universities.
(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section—
(1) $18,000,000 for fiscal year 2008;
(2) $18,000,000 for fiscal year 2009;
(3) $18,000,000 for fiscal year 2010; and
(4) $18,000,000 for fiscal year 2011.
6 USC 1104.

SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST
ACTIVITY OR SUSPICIOUS BEHAVIOR AND RESPONSE.

(a) IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY
SUSPICIOUS BEHAVIOR.—
(1) IN GENERAL.—Any person who, in good faith and based
on objectively reasonable suspicion, makes, or causes to be
made, a voluntary report of covered activity to an authorized
official shall be immune from civil liability under Federal, State,
and local law for such report.
(2) FALSE REPORTS.—Paragraph (1) shall not apply to any
report that the person knew to be false or was made with
reckless disregard for the truth at the time that person made
that report.
(b) IMMUNITY FOR RESPONSE.—
(1) IN GENERAL.—Any authorized official who observes, or
receives a report of, covered activity and takes reasonable action
in good faith to respond to such activity shall have qualified
immunity from civil liability for such action, consistent with
applicable law in the relevant jurisdiction. An authorized official
as defined by subsection (d)(1)(A) not entitled to assert the
defense of qualified immunity shall nevertheless be immune
from civil liability under Federal, State, and local law if such
authorized official takes reasonable action, in good faith, to
respond to the reported activity.
(2) SAVINGS CLAUSE.—Nothing in this subsection shall
affect the ability of any authorized official to assert any defense,
privilege, or immunity that would otherwise be available, and
this subsection shall not be construed as affecting any such
defense, privilege, or immunity.
(c) ATTORNEY FEES AND COSTS.—Any person or authorized official found to be immune from civil liability under this section
shall be entitled to recover from the plaintiff all reasonable costs
and attorney fees.
(d) DEFINITIONS.—In this section:
(1) AUTHORIZED OFFICIAL.—The term ‘‘authorized official’’
means—
(A) any employee or agent of a passenger transportation system or other person with responsibilities relating
to the security of such systems;
(B) any officer, employee, or agent of the Department
of Homeland Security, the Department of Transportation,
or the Department of Justice with responsibilities relating
to the security of passenger transportation systems; or
(C) any Federal, State, or local law enforcement officer.

OR

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(2) COVERED ACTIVITY.—The term ‘‘covered activity’’ means
any suspicious transaction, activity, or occurrence that involves,
or is directed against, a passenger transportation system or
vehicle or its passengers indicating that an individual may
be engaging, or preparing to engage, in a violation of law
relating to—
(A) a threat to a passenger transportation system or
passenger safety or security; or
(B) an act of terrorism (as that term is defined in
section 3077 of title 18, United States Code).
(3) PASSENGER TRANSPORTATION.—The term ‘‘passenger
transportation’’ means—
(A) public transportation, as defined in section 5302
of title 49, United States Code;
(B) over-the-road bus transportation, as defined in title
XV of this Act, and school bus transportation;
(C) intercity passenger rail transportation as defined
in section 24102 of title 49, United States Code;
(D) the transportation of passengers onboard a passenger vessel as defined in section 2101 of title 46, United
States Code;
(E) other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross
tons; and
(F) air transportation, as defined in section 40102 of
title 49, United States Code, of passengers.
(4) PASSENGER TRANSPORTATION SYSTEM.—The term ‘‘passenger transportation system’’ means an entity or entities organized to provide passenger transportation using vehicles,
including the infrastructure used to provide such transportation.
(5) VEHICLE.—The term ‘‘vehicle’’ has the meaning given
to that term in section 1992(16) of title 18, United States
Code.
(e) EFFECTIVE DATE.—This section shall take effect on October
1, 2006, and shall apply to all activities and claims occurring
on or after such date.

TITLE XIII—TRANSPORTATION
SECURITY ENHANCEMENTS
SEC. 1301. DEFINITIONS.

6 USC 1111.

For purposes of this title, the following terms apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Commerce, Science, and Transportation, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security and the Committee
on Transportation and Infrastructure of the House of Representatives.
(2) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.

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PUBLIC LAW 110–53—AUG. 3, 2007
(4) STATE.—The term ‘‘State’’ means any one of the 50
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, Guam, American Samoa,
and any other territory or possession of the United States.
(5) TERRORISM.—The term ‘‘terrorism’’ has the meaning
that term has in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(6) UNITED STATES.—The term ‘‘United States’’ means the
50 States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, Guam, American Samoa,
and any other territory or possession of the United States.

SEC. 1302. ENFORCEMENT AUTHORITY.

(a) IN GENERAL.—Section 114 of title 49, United States Code,
as amended by section 1203 of this Act, is further amended by
adding at the end the following:
‘‘(v) ENFORCEMENT OF REGULATIONS AND ORDERS OF THE SECRETARY OF HOMELAND SECURITY.—
‘‘(1) APPLICATION OF SUBSECTION.—
‘‘(A) IN GENERAL.—This subsection applies to the
enforcement of regulations prescribed, and orders issued,
by the Secretary of Homeland Security under a provision
of chapter 701 of title 46 and under a provision of this
title other than a provision of chapter 449 (in this subsection referred to as an ‘applicable provision of this title’).
‘‘(B) VIOLATIONS OF CHAPTER 449.—The penalties for
violations of regulations prescribed and orders issued by
the Secretary of Homeland Security under chapter 449
of this title are provided under chapter 463 of this title.
‘‘(C) NONAPPLICATION TO CERTAIN VIOLATIONS.—
‘‘(i) Paragraphs (2) through (5) do not apply to
violations of regulations prescribed, and orders issued,
by the Secretary of Homeland Security under a provision of this title—
‘‘(I) involving the transportation of personnel
or shipments of materials by contractors where
the Department of Defense has assumed control
and responsibility;
‘‘(II) by a member of the armed forces of the
United States when performing official duties; or
‘‘(III) by a civilian employee of the Department
of Defense when performing official duties.
‘‘(ii) Violations described in subclause (I), (II), or
(III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary’s
designee.
‘‘(2) CIVIL PENALTY.—
‘‘(A) IN GENERAL.—A person is liable to the United
States Government for a civil penalty of not more than
$10,000 for a violation of a regulation prescribed, or order
issued, by the Secretary of Homeland Security under an
applicable provision of this title.
‘‘(B) REPEAT VIOLATIONS.—A separate violation occurs
under this paragraph for each day the violation continues.
‘‘(3) ADMINISTRATIVE IMPOSITION OF CIVIL PENALTIES.—
‘‘(A) IN GENERAL.—The Secretary of Homeland Security
may impose a civil penalty for a violation of a regulation

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prescribed, or order issued, under an applicable provision
of this title. The Secretary shall give written notice of
the finding of a violation and the penalty.
‘‘(B) SCOPE OF CIVIL ACTION.—In a civil action to collect
a civil penalty imposed by the Secretary under this subsection, a court may not re-examine issues of liability or
the amount of the penalty.
‘‘(C) JURISDICTION.—The district courts of the United
States shall have exclusive jurisdiction of civil actions to
collect a civil penalty imposed by the Secretary under this
subsection if—
‘‘(i) the amount in controversy is more than—
‘‘(I) $400,000, if the violation was committed
by a person other than an individual or small
business concern; or
‘‘(II) $50,000 if the violation was committed
by an individual or small business concern;
‘‘(ii) the action is in rem or another action in rem
based on the same violation has been brought; or
‘‘(iii) another action has been brought for an injunction based on the same violation.
‘‘(D) MAXIMUM PENALTY.—The maximum civil penalty
the Secretary administratively may impose under this paragraph is—
‘‘(i) $400,000, if the violation was committed by
a person other than an individual or small business
concern; or
‘‘(ii) $50,000, if the violation was committed by
an individual or small business concern.
‘‘(E) NOTICE AND OPPORTUNITY TO REQUEST HEARING.—
Before imposing a penalty under this section the Secretary
shall provide to the person against whom the penalty is
to be imposed—
‘‘(i) written notice of the proposed penalty; and
‘‘(ii) the opportunity to request a hearing on the
proposed penalty, if the Secretary receives the request
not later than 30 days after the date on which the
person receives notice.
‘‘(4) COMPROMISE AND SETOFF.—
‘‘(A) The Secretary may compromise the amount of
a civil penalty imposed under this subsection.
‘‘(B) The Government may deduct the amount of a
civil penalty imposed or compromised under this subsection
from amounts it owes the person liable for the penalty.
‘‘(5) INVESTIGATIONS AND PROCEEDINGS.—Chapter 461 shall
apply to investigations and proceedings brought under this
subsection to the same extent that it applies to investigations
and proceedings brought with respect to aviation security duties
designated to be carried out by the Secretary.
‘‘(6) DEFINITIONS.—In this subsection:
‘‘(A) PERSON.—The term ‘person’ does not include—
‘‘(i) the United States Postal Service; or
‘‘(ii) the Department of Defense.
‘‘(B) SMALL BUSINESS CONCERN.—The term ‘small business concern’ has the meaning given that term in section
3 of the Small Business Act (15 U.S.C. 632).
‘‘(7) ENFORCEMENT TRANSPARENCY.—

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Notification.

Deadline.

Applicability.

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121 STAT. 392
Deadline.
Public
information.

Deadline.
Reports.
Public
information.

6 USC 1112.

PUBLIC LAW 110–53—AUG. 3, 2007

‘‘(A) IN GENERAL.—Not later than December 31, 2008,
and annually thereafter, the Secretary shall—
‘‘(i) provide an annual summary to the public of
all enforcement actions taken by the Secretary under
this subsection; and
‘‘(ii) include in each such summary the docket
number of each enforcement action, the type of alleged
violation, the penalty or penalties proposed, and the
final assessment amount of each penalty.
‘‘(B) ELECTRONIC AVAILABILITY.—Each summary under
this paragraph shall be made available to the public by
electronic means.
‘‘(C) RELATIONSHIP TO THE FREEDOM OF INFORMATION
ACT AND THE PRIVACY ACT.—Nothing in this subsection
shall be construed to require disclosure of information or
records that are exempt from disclosure under sections
552 or 552a of title 5.
‘‘(D) ENFORCEMENT GUIDANCE.—Not later than 180
days after the enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the
Secretary shall provide a report to the public describing
the enforcement process established under this subsection.’’.
(b) CONFORMING AMENDMENT.—Section 46301(a)(4) of title 49,
United States Code, is amended by striking ‘‘or another requirement
under this title administered by the Under Secretary of Transportation for Security’’.
SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION
AND RESPONSE TEAMS.

(a) IN GENERAL.—The Secretary, acting through the Administrator of the Transportation Security Administration, may develop
Visible Intermodal Prevention and Response (referred to in this
section as ‘‘VIPR’’) teams to augment the security of any mode
of transportation at any location within the United States. In
forming a VIPR team, the Secretary—
(1) may use any asset of the Department, including Federal
air marshals, surface transportation security inspectors, canine
detection teams, and advanced screening technology;
(2) may determine when a VIPR team shall be deployed,
as well as the duration of the deployment;
(3) shall, prior to and during the deployment, consult with
local security and law enforcement officials in the jurisdiction
where the VIPR team is or will be deployed, to develop and
agree upon the appropriate operational protocols and provide
relevant information about the mission of the VIPR team, as
appropriate; and
(4) shall, prior to and during the deployment, consult with
all transportation entities directly affected by the deployment
of a VIPR team, as appropriate, including railroad carriers,
air carriers, airport owners, over-the-road bus operators and
terminal owners and operators, motor carriers, public transportation agencies, owners or operators of highways, port operators
and facility owners, vessel owners and operators and pipeline
operators.

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(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section such
sums as necessary for fiscal years 2007 through 2011.
SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.

(a) IN GENERAL.—The Secretary, acting through the Administrator of the Transportation Security Administration, is authorized
to train, employ, and utilize surface transportation security inspectors.
(b) MISSION.—The Secretary shall use surface transportation
security inspectors to assist surface transportation carriers, operators, owners, entities, and facilities to enhance their security against
terrorist attack and other security threats and to assist the Secretary in enforcing applicable surface transportation security regulations and directives.
(c) AUTHORITIES.—Surface transportation security inspectors
employed pursuant to this section shall be authorized such powers
and delegated such responsibilities as the Secretary determines
appropriate, subject to subsection (e).
(d) REQUIREMENTS.—The Secretary shall require that surface
transportation security inspectors have relevant transportation
experience and other security and inspection qualifications, as determined appropriate.
(e) LIMITATIONS.—
(1) INSPECTORS.—Surface transportation inspectors shall
be prohibited from issuing fines to public transportation agencies, as defined in title XIV, for violations of the Department’s
regulations or orders except through the process described in
paragraph (2).
(2) CIVIL PENALTIES.—The Secretary shall be prohibited
from assessing civil penalties against public transportation
agencies, as defined in title XIV, for violations of the Department’s regulations or orders, except in accordance with the
following:
(A) In the case of a public transportation agency that
is found to be in violation of a regulation or order issued
by the Secretary, the Secretary shall seek correction of
the violation through a written notice to the public
transportation agency and shall give the public transportation agency reasonable opportunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary.
(B) If the public transportation agency does not correct
the violation or propose an alternative means of compliance
acceptable to the Secretary within a reasonable time period
that is specified in the written notice, the Secretary may
take any action authorized in section 114 of title 49, United
States Code, as amended by this Act.
(3) LIMITATION ON SECRETARY.—The Secretary shall not
initiate civil enforcement actions for violations of administrative
and procedural requirements pertaining to the application for,
and expenditure of, funds awarded under transportation security grant programs under this Act.
(f) NUMBER OF INSPECTORS.—The Secretary shall employ up
to a total of—
(1) 100 surface transportation security inspectors in fiscal
year 2007;

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6 USC 1113.

Notification.

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(2) 150 surface transportation security inspectors in fiscal
year 2008;
(3) 175 surface transportation security inspectors in fiscal
year 2009; and
(4) 200 surface transportation security inspectors in fiscal
years 2010 and 2011.
(g) COORDINATION.—The Secretary shall ensure that the mission of the surface transportation security inspectors is consistent
with any relevant risk assessments required by this Act or completed by the Department, the modal plans required under section
114(t) of title 49, United States Code, the Memorandum of Understanding between the Department and the Department of Transportation on Roles and Responsibilities, dated September 28, 2004,
and any and all subsequent annexes to this Memorandum of Understanding, and other relevant documents setting forth the Department’s transportation security strategy, as appropriate.
(h) CONSULTATION.—The Secretary shall periodically consult
with the surface transportation entities which are or may be
inspected by the surface transportation security inspectors,
including, as appropriate, railroad carriers, over-the-road bus operators and terminal owners and operators, motor carriers, public
transportation agencies, owners or operators of highways, and pipeline operators on—
(1) the inspectors’ duties, responsibilities, authorities, and
mission; and
(2) strategies to improve transportation security and to
ensure compliance with transportation security requirements.
(i) REPORT.—Not later than September 30, 2008, the Department of Homeland Security Inspector General shall transmit a
report to the appropriate congressional committees on the performance and effectiveness of surface transportation security inspectors,
whether there is a need for additional inspectors, and other recommendations.
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to carry out this section—
(1) $11,400,000 for fiscal year 2007;
(2) $17,100,000 for fiscal year 2008;
(3) $19,950,000 for fiscal year 2009;
(4) $22,800,000 for fiscal year 2010; and
(5) $22,800,000 for fiscal year 2011.
6 USC 1114.

SEC.

1305.

SURFACE TRANSPORTATION
INFORMATION SHARING.

SECURITY

TECHNOLOGY

(a) IN GENERAL.—
(1) INFORMATION SHARING.—The Secretary, in consultation
with the Secretary of Transportation, shall establish a program
to provide appropriate information that the Department has
gathered or developed 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 railroad carriers, over-theroad bus operators and terminal owners and operators, motor
carriers, public transportation agencies, owners or operators
of highways, pipeline operators, and State, local, and tribal
governments that provide security assistance to such entities.
(2) DESIGNATION OF QUALIFIED ANTITERRORISM TECHNOLOGIES.—The Secretary shall include in such information

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provided in paragraph (1) whether the technology is designated
as a qualified antiterrorism technology under the Support Antiterrorism by Fostering Effective Technologies Act of 2002
(Public Law 107–296), as appropriate.
(b) PURPOSE.—The purpose of the program is to assist eligible
grant recipients under this Act and others, as appropriate, to purchase and use the best technology and equipment available to
meet the security needs of the Nation’s surface transportation
system.
(c) COORDINATION.—The Secretary shall ensure that the program established under this section makes use of and is consistent
with other Department technology testing, information sharing,
evaluation, and standards-setting programs, as appropriate.
SEC. 1306. TSA PERSONNEL LIMITATIONS.

6 USC 1115.

Any statutory limitation on the number of employees in the
Transportation Security Administration does not apply to employees
carrying out this title and titles XII, XIV, and XV.
SEC.

1307.

NATIONAL EXPLOSIVES
TRAINING PROGRAM.

DETECTION

CANINE

TEAM

(a) DEFINITIONS.—For purposes of this section, the term ‘‘explosives detection canine team’’ means a canine and a canine handler
that are trained to detect explosives, radiological materials, chemical, nuclear or biological weapons, or other threats as defined
by the Secretary.
(b) IN GENERAL.—
(1) INCREASED CAPACITY.—Not later than 180 days after
the date of enactment of this Act, the Secretary of Homeland
Security shall—
(A) begin to increase the number of explosives detection
canine teams certified by the Transportation Security
Administration for the purposes of transportation-related
security by up to 200 canine teams annually by the end
of 2010; and
(B) encourage State, local, and tribal governments and
private owners of high-risk transportation facilities to
strengthen security through the use of highly trained explosives detection canine teams.
(2) EXPLOSIVES DETECTION CANINE TEAMS.—The Secretary
of Homeland Security shall increase the number of explosives
detection canine teams by—
(A) using the Transportation Security Administration’s
National Explosives Detection Canine Team Training
Center, including expanding and upgrading existing facilities, procuring and breeding additional canines, and
increasing staffing and oversight commensurate with the
increased training and deployment capabilities;
(B) partnering with other Federal, State, or local agencies, nonprofit organizations, universities, or the private
sector to increase the training capacity for canine detection
teams;
(C) procuring explosives detection canines trained by
nonprofit organizations, universities, or the private sector
provided they are trained in a manner consistent with
the standards and requirements developed pursuant to subsection (c) or other criteria developed by the Secretary;
or

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6 USC 1116.

Deadline.

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Reports.

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(D) a combination of subparagraphs (A), (B), and (C),
as appropriate.
(c) STANDARDS FOR EXPLOSIVES DETECTION CANINE TEAMS.—
(1) IN GENERAL.—Based on the feasibility in meeting the
ongoing demand for quality explosives detection canine teams,
the Secretary shall establish criteria, including canine training
curricula, performance standards, and other requirements
approved by the Transportation Security Administration necessary to ensure that explosives detection canine teams trained
by nonprofit organizations, universities, and private sector entities are adequately trained and maintained.
(2) EXPANSION.—In developing and implementing such curriculum, performance standards, and other requirements, the
Secretary shall—
(A) coordinate with key stakeholders, including international, Federal, State, and local officials, and private
sector and academic entities to develop best practice guidelines for such a standardized program, as appropriate;
(B) require that explosives detection canine teams
trained by nonprofit organizations, universities, or private
sector entities that are used or made available by the
Secretary be trained consistent with specific training criteria developed by the Secretary; and
(C) review the status of the private sector programs
on at least an annual basis to ensure compliance with
training curricula, performance standards, and other
requirements.
(d) DEPLOYMENT.—The Secretary shall—
(1) use the additional explosives detection canine teams
as part of the Department’s efforts to strengthen security across
the Nation’s transportation network, and may use the canine
teams on a more limited basis to support other homeland
security missions, as determined appropriate by the Secretary;
(2) make available explosives detection canine teams to
all modes of transportation, for high-risk areas or to address
specific threats, on an as-needed basis and as otherwise determined appropriate by the Secretary;
(3) encourage, but not require, any transportation facility
or system to deploy TSA-certified explosives detection canine
teams developed under this section; and
(4) consider specific needs and training requirements for
explosives detection canine teams to be deployed across the
Nation’s transportation network, including in venues of multiple modes of transportation, as appropriate.
(e) CANINE PROCUREMENT.—The Secretary, acting through the
Administrator of the Transportation Security Administration, shall
work to ensure that explosives detection canine teams are procured
as efficiently as possible and at the best price, while maintaining
the needed level of quality, including, if appropriate, through
increased domestic breeding.
(f) STUDY.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall report to the appropriate
congressional committees on the utilization of explosives detection
canine teams to strengthen security and the capacity of the national
explosive detection canine team program.

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(g) AUTHORIZATION.—There are authorized to be appropriated
to the Secretary such sums as may be necessary to carry out
this section for fiscal years 2007 through 2011.
SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY
USER FEE STUDY.

(a) IN GENERAL.—The Secretary of Homeland Security shall
conduct a study of the need for, and feasibility of, establishing
a system of maritime and surface transportation-related user fees
that may be imposed and collected as a dedicated revenue source,
on a temporary or continuing basis, to provide necessary funding
for legitimate improvements to, and maintenance of, maritime and
surface transportation security, including vessel and facility plans
required under section 70103(c) of title 46, United States Code.
In developing the study, the Secretary shall consult with maritime
and surface transportation carriers, shippers, passengers, facility
owners and operators, and other persons as determined by the
Secretary. Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees that contains—
(1) the results of the study;
(2) an assessment of the annual sources of funding collected
through maritime and surface transportation at ports of entry
and a detailed description of the distribution and use of such
funds, including the amount and percentage of such sources
that are dedicated to improve and maintain security;
(3) an assessment of—
(A) the fees, charges, and standards imposed on United
States ports, port terminal operators, shippers, carriers,
and other persons who use United States ports of entry
compared with the fees and charges imposed on Canadian
and Mexican ports, Canadian and Mexican port terminal
operators, shippers, carriers, and other persons who use
Canadian or Mexican ports of entry; and
(B) the impact of such fees, charges, and standards
on the competitiveness of United States ports, port terminal
operators, railroad carriers, motor carriers, pipelines, other
transportation modes, and shippers;
(4) the private efforts and investments to secure maritime
and surface transportation modes, including those that are
operational and those that are planned; and
(5) the Secretary’s recommendations based upon the study,
and an assessment of the consistency of such recommendations
with the international obligations and commitments of the
United States.
(b) DEFINITIONS.—In this section:
(1) PORT OF ENTRY.—The term ‘‘port of entry’’ means any
port or other facility through which foreign goods are permitted
to enter the customs territory of a country under official supervision.
(2) MARITIME AND SURFACE TRANSPORTATION.—The term
‘‘maritime and surface transportation’’ includes ocean borne
and vehicular transportation.

Deadline.
Reports.

SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO CONVICTED FELONS.

(a) IN GENERAL.—Section 70105 of title 46, United States Code,
is amended—

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PUBLIC LAW 110–53—AUG. 3, 2007
(1) in subsection (b)(1), by striking ‘‘decides that the individual poses a security risk under subsection (c)’’ and inserting
‘‘determines under subsection (c) that the individual poses a
security risk’’; and
(2) in subsection (c), by amending paragraph (1) to read
as follows:
‘‘(1) DISQUALIFICATIONS.—
‘‘(A) PERMANENT DISQUALIFYING CRIMINAL OFFENSES.—
Except as provided under paragraph (2), an individual
is permanently disqualified from being issued a biometric
transportation security card under subsection (b) if the
individual has been convicted, or found not guilty by reason
of insanity, in a civilian or military jurisdiction of any
of the following felonies:
‘‘(i) Espionage or conspiracy to commit espionage.
‘‘(ii) Sedition or conspiracy to commit sedition.
‘‘(iii) Treason or conspiracy to commit treason.
‘‘(iv) A Federal crime of terrorism (as defined in
section 2332b(g) of title 18), a crime under a comparable State law, or conspiracy to commit such crime.
‘‘(v) A crime involving a transportation security
incident.
‘‘(vi) Improper transportation of a hazardous material in violation of section 5104(b) of title 49, or a
comparable State law.
‘‘(vii) Unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipment,
transportation, delivery, import, export, or storage of,
or dealing in, an explosive or explosive device. In this
clause, an explosive or explosive device includes—
‘‘(I) an explosive (as defined in sections 232(5)
and 844(j) of title 18);
‘‘(II) explosive materials (as defined in subsections (c) through (f) of section 841 of title 18);
and
‘‘(III) a destructive device (as defined in
921(a)(4) of title 18 or section 5845(f) of the
Internal Revenue Code of 1986).
‘‘(viii) Murder.
‘‘(ix) Making any threat, or maliciously conveying
false information knowing the same to be false, concerning the deliverance, placement, or detonation of
an explosive or other lethal device in or against a
place of public use, a State or other government facility,
a public transportation system, or an infrastructure
facility.
‘‘(x) A violation of chapter 96 of title 18, popularly
known as the Racketeer Influenced and Corrupt
Organizations Act, or a comparable State law, if one
of the predicate acts found by a jury or admitted by
the defendant consists of one of the crimes listed in
this subparagraph.
‘‘(xi) Attempt to commit any of the crimes listed
in clauses (i) through (iv).
‘‘(xii) Conspiracy or attempt to commit any of the
crimes described in clauses (v) through (x).

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121 STAT. 399

‘‘(B) INTERIM DISQUALIFYING CRIMINAL OFFENSES.—
Except as provided under paragraph (2), an individual
is disqualified from being issued a biometric transportation
security card under subsection (b) if the individual has
been convicted, or found not guilty by reason of insanity,
during the 7-year period ending on the date on which
the individual applies for such card, or was released from
incarceration during the 5-year period ending on the date
on which the individual applies for such card, of any of
the following felonies:
‘‘(i) Unlawful possession, use, sale, manufacture,
purchase, distribution, receipt, transfer, shipment,
transportation, delivery, import, export, or storage of,
or dealing in, a firearm or other weapon. In this clause,
a firearm or other weapon includes—
‘‘(I) firearms (as defined in section 921(a)(3)
of title 18 or section 5845(a) of the Internal Revenue Code of 1986); and
‘‘(II) items contained on the U.S. Munitions
Import List under section 447.21 of title 27, Code
of Federal Regulations.
‘‘(ii) Extortion.
‘‘(iii) Dishonesty, fraud, or misrepresentation,
including identity fraud and money laundering if the
money laundering is related to a crime described in
this subparagraph or subparagraph (A). In this clause,
welfare fraud and passing bad checks do not constitute
dishonesty, fraud, or misrepresentation.
‘‘(iv) Bribery.
‘‘(v) Smuggling.
‘‘(vi) Immigration violations.
‘‘(vii) Distribution of, possession with intent to distribute, or importation of a controlled substance.
‘‘(viii) Arson.
‘‘(ix) Kidnaping or hostage taking.
‘‘(x) Rape or aggravated sexual abuse.
‘‘(xi) Assault with intent to kill.
‘‘(xii) Robbery.
‘‘(xiii) Conspiracy or attempt to commit any of
the crimes listed in this subparagraph.
‘‘(xiv) Fraudulent entry into a seaport in violation
of section 1036 of title 18, or a comparable State law.
‘‘(xv) A violation of the chapter 96 of title 18,
popularly known as the Racketeer Influenced and Corrupt Organizations Act or a comparable State law,
other than any of the violations listed in subparagraph
(A)(x).
‘‘(C) UNDER WANT, WARRANT, OR INDICTMENT.—An
applicant who is wanted, or under indictment, in any
civilian or military jurisdiction for a felony listed in paragraph (1)(A), is disqualified from being issued a biometric
transportation security card under subsection (b) until the
want or warrant is released or the indictment is dismissed.
‘‘(D) OTHER POTENTIAL DISQUALIFICATIONS.—Except as
provided under subparagraphs (A) through (C), an individual may not be denied a transportation security card

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121 STAT. 400

PUBLIC LAW 110–53—AUG. 3, 2007
under subsection (b) unless the Secretary determines that
individual—
‘‘(i) has been convicted within the preceding 7year period of a felony or found not guilty by reason
of insanity of a felony—
‘‘(I) that the Secretary believes could cause
the individual to be a terrorism security risk to
the United States; or
‘‘(II) for causing a severe transportation security incident;
‘‘(ii) has been released from incarceration within
the preceding 5-year period for committing a felony
described in clause (i);
‘‘(iii) may be denied admission to the United States
or removed from the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.); or
‘‘(iv) otherwise poses a terrorism security risk to
the United States.
‘‘(E) MODIFICATION OF LISTED OFFENSES.—The Secretary may, by rulemaking, add to or modify the list of
disqualifying crimes described in paragraph (1)(B).’’.

SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY
AND THE DEPARTMENT OF TRANSPORTATION.

6 USC 1117.

The Secretary of Homeland Security is the principal Federal
official responsible for transportation security. The roles and responsibilities of the Department of Homeland Security and the Department of Transportation in carrying out this title and titles XII,
XIV, and XV are the roles and responsibilities of such Departments
pursuant to the Aviation and Transportation Security Act (Public
Law 107–71); the Intelligence Reform and Terrorism Prevention
Act of 2004 (Public Law 108–458); the National Infrastructure
Protection Plan required by Homeland Security Presidential Directive–7; The Homeland Security Act of 2002; The National Response
Plan; Executive Order No. 13416: Strengthening Surface Transportation Security, dated December 5, 2006; the Memorandum of
Understanding between the Department and the Department of
Transportation on Roles and Responsibilities, dated September 28,
2004, and any and all subsequent annexes to this Memorandum
of Understanding; and any other relevant agreements between the
two Departments.
National Transit
Systems Security
Act of 2007.
6 USC 1101 note.

TITLE XIV—PUBLIC TRANSPORTATION
SECURITY
SEC. 1401. SHORT TITLE.

This title may be cited as the ‘‘National Transit Systems Security Act of 2007’’.
6 USC 1131.

SEC. 1402. DEFINITIONS.

For purposes of this title, the following terms apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Banking, Housing, and Urban Affairs, and the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security and the Committee

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on Transportation and Infrastructure of the House of Representatives.
(2) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.
(3) DISADVANTAGED BUSINESSES CONCERNS.—The term ‘‘disadvantaged business concerns’’ means small businesses that
are owned and controlled by socially and economically disadvantaged individuals as defined in section 124, title 13, Code of
Federal Regulations.
(4) FRONTLINE EMPLOYEE.—The term ‘‘frontline employee’’
means an employee of a public transportation agency who is
a transit vehicle driver or operator, dispatcher, maintenance
and maintenance support employee, station attendant, customer service employee, security employee, or transit police,
or any other employee who has direct contact with riders on
a regular basis, and any other employee of a public transportation agency that the Secretary determines should receive
security training under section 1408.
(5) PUBLIC TRANSPORTATION AGENCY.—The term ‘‘public
transportation agency’’ means a publicly owned operator of
public transportation eligible to receive Federal assistance
under chapter 53 of title 49, United States Code.
(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
SEC. 1403. FINDINGS.

6 USC 1132.

Congress finds that—
(1) 182 public transportation systems throughout the world
have been primary targets of terrorist attacks;
(2) more than 6,000 public transportation agencies operate
in the United States;
(3) people use public transportation vehicles 33,000,000
times each day;
(4) the Federal Transit Administration has invested
$93,800,000,000 since 1992 for construction and improvements;
(5) the Federal investment in transit security has been
insufficient; and
(6) greater Federal investment in transit security improvements per passenger boarding is necessary to better protect
the American people, given transit’s vital importance in creating mobility and promoting our Nation’s economy.

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SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECURITY.

6 USC 1133.

(a) NATIONAL STRATEGY.—Not later than 9 months after the
date of enactment of this Act and based upon the previous and
ongoing security assessments conducted by the Department and
the Department of Transportation, the Secretary, consistent with
and as required by section 114(t) of title 49, United States Code,
shall develop and implement the modal plan for public transportation, entitled the ‘‘National Strategy for Public Transportation
Security’’.
(b) PURPOSE.—
(1) GUIDELINES.—In developing the National Strategy for
Public Transportation Security, the Secretary shall establish
guidelines for public transportation security that—
(A) minimize security threats to public transportation
systems; and

Deadline.

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(B) maximize the abilities of public transportation systems to mitigate damage resulting from terrorist attack
or other major incident.
(2) ASSESSMENTS AND CONSULTATIONS.—In developing the
National Strategy for Public Transportation Security, the Secretary shall—
(A) use established and ongoing public transportation
security assessments as the basis of the National Strategy
for Public Transportation Security; and
(B) consult with all relevant stakeholders, including
public transportation agencies, nonprofit labor organizations representing public transportation employees, emergency responders, public safety officials, and other relevant
parties.
(c) CONTENTS.—In the National Strategy for Public Transportation Security, the Secretary shall describe prioritized goals, objectives, policies, actions, and schedules to improve the security of
public transportation.
(d) RESPONSIBILITIES.—The Secretary shall include in the
National Strategy for Public Transportation Security a description
of the roles, responsibilities, and authorities of Federal, State, and
local agencies, tribal governments, and appropriate stakeholders.
The plan shall also 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 for public transportation, including the
National Infrastructure Protection Plan required by Homeland
Security Presidential Directive–7; Executive Order No. 13416:
Strengthening Surface Transportation Security dated December
5, 2006; the Memorandum of Understanding between the
Department and the Department of Transportation on Roles
and Responsibilities dated September 28, 2004; and subsequent
annexes and agreements.
(e) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing the National Strategy for Public Transportation Security,
the Secretary shall use relevant existing risk assessments and
strategies developed by the Department or other Federal agencies,
including those developed or implemented pursuant to section 114(t)
of title 49, United States Code, or Homeland Security Presidential
Directive–7.
(f) FUNDING.—There is authorized to be appropriated to the
Secretary to carry out this section $2,000,000 for fiscal year 2008.
6 USC 1134.

SEC. 1405. SECURITY ASSESSMENTS AND PLANS.

(a) PUBLIC TRANSPORTATION SECURITY ASSESSMENTS.—
(1) SUBMISSION.—Not later than 30 days after the date
of enactment of this Act, the Administrator of the Federal
Transit Administration of the Department of Transportation
shall submit all public transportation security assessments and
all other relevant information to the Secretary.
(2) SECRETARIAL REVIEW.—Not later than 60 days after
receiving the submission under paragraph (1), the Secretary
shall review and augment the security assessments received,
and conduct additional security assessments as necessary to
ensure that at a minimum, all high risk public transportation

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121 STAT. 403

agencies, as determined by the Secretary, will have a completed
security assessment.
(3) CONTENT.—The Secretary shall ensure that each completed security assessment includes—
(A) identification of critical assets, infrastructure, and
systems and their vulnerabilities; and
(B) identification of any other security weaknesses,
including weaknesses in emergency response planning and
employee training.
(b) BUS AND RURAL PUBLIC TRANSPORTATION SYSTEMS.—Not
later than 180 days after the date of enactment of this Act, the
Secretary shall—
(1) conduct security assessments, based on a representative
sample, to determine the specific needs of—
(A) local bus-only public transportation systems; and
(B) public transportation systems that receive funds
under section 5311 of title 49, United States Code; and
(2) make the representative assessments available for use
by similarly situated systems.
(c) SECURITY PLANS.—
(1) REQUIREMENT FOR PLAN.—
(A) HIGH RISK AGENCIES.—The Secretary shall require
public transportation agencies determined by the Secretary
to be at high risk for terrorism to develop a comprehensive
security plan. The Secretary shall provide technical assistance and guidance to public transportation agencies in
preparing and implementing security plans under this section.
(B) OTHER AGENCIES.—Provided that no public
transportation agency that has not been designated high
risk shall be required to develop a security plan, the Secretary may also establish a security program for public
transportation agencies not designated high risk by the
Secretary, to assist those public transportation agencies
which request assistance, including—
(i) guidance to assist such agencies in conducting
security assessments and preparing and implementing
security plans; and
(ii) a process for the Secretary to review and
approve such assessments and plans, as appropriate.
(2) CONTENTS OF PLAN.—The Secretary shall ensure that
security plans include, as appropriate—
(A) a prioritized list of all items included in the public
transportation agency’s security assessment that have not
yet been addressed;
(B) a detailed list of any additional capital and operational improvements identified by the Department or the
public transportation agency and a certification of the
public transportation agency’s technical capacity for operating and maintaining any security equipment that may
be identified in such list;
(C) specific procedures to be implemented or used by
the public transportation agency in response to a terrorist
attack, including evacuation and passenger communication
plans and appropriate evacuation and communication
measures for the elderly and individuals with disabilities;

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121 STAT. 404

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(D) a coordinated response plan that establishes procedures for appropriate interaction with State and local law
enforcement agencies, emergency responders, and Federal
officials in order to coordinate security measures and plans
for response in the event of a terrorist attack or other
major incident;
(E) a strategy and timeline for conducting training
under section 1408;
(F) plans for providing redundant and other appropriate backup systems necessary to ensure the continued
operation of critical elements of the public transportation
system in the event of a terrorist attack or other major
incident;
(G) plans for providing service capabilities throughout
the system in the event of a terrorist attack or other
major incident in the city or region which the public
transportation system serves;
(H) methods to mitigate damage within a public
transportation system in case of an attack on the system,
including a plan for communication and coordination with
emergency responders; and
(I) other actions or procedures as the Secretary determines are appropriate to address the security of the public
transportation system.
(3) REVIEW.—Not later than 6 months after receiving the
plans required under this section, the Secretary shall—
(A) review each security plan submitted;
(B) require the public transportation agency to make
any amendments needed to ensure that the plan meets
the requirements of this section; and
(C) approve any security plan that meets the requirements of this section.
(4) EXEMPTION.—The Secretary shall not require a public
transportation agency to develop a security plan under paragraph (1) if the agency does not receive a grant under section
1406.
(5) WAIVER.—The Secretary may waive the exemption provided in paragraph (4) to require a public transportation agency
to develop a security plan under paragraph (1) in the absence
of grant funds under section 1406 if not less than 3 days
after making the determination the Secretary provides the
appropriate congressional committees and the public transportation agency written notification detailing the need for the
security plan, the reasons grant funding has not been made
available, and the reason the agency has been designated high
risk.
(d) CONSISTENCY WITH OTHER PLANS.—The Secretary shall
ensure that the security plans developed by public transportation
agencies under this section are consistent with the security assessments developed by the Department and the National Strategy
for Public Transportation Security developed under section 1404.
(e) UPDATES.—Not later than September 30, 2008, and annually
thereafter, the Secretary shall—
(1) update the security assessments referred to in subsection (a);
(2) update the security improvement priorities required
under subsection (f); and

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(3) require public transportation agencies to update the
security plans required under subsection (c) as appropriate.
(f) SECURITY IMPROVEMENT PRIORITIES.—
(1) IN GENERAL.—Beginning in fiscal year 2008 and each
fiscal year thereafter, the Secretary, after consultation with
management and nonprofit employee labor organizations representing public transportation employees as appropriate, and
with appropriate State and local officials, shall utilize the
information developed or received in this section to establish
security improvement priorities unique to each individual public
transportation agency that has been assessed.
(2) ALLOCATIONS.—The Secretary shall use the security
improvement priorities established in paragraph (1) as the basis
for allocating risk-based grant funds under section 1406, unless
the Secretary notifies the appropriate congressional committees
that the Secretary has determined an adjustment is necessary
to respond to an urgent threat or other significant national
security factors.
(g) SHARED FACILITIES.—The Secretary shall encourage the
development and implementation of coordinated assessments and
security plans to the extent a public transportation agency shares
facilities (such as tunnels, bridges, stations, or platforms) with
another public transportation agency, a freight or passenger railroad
carrier, or over-the-road bus operator that are geographically close
or otherwise co-located.
(h) NONDISCLOSURE OF INFORMATION.—
(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing
in this section shall be construed as authorizing the withholding
of any information from Congress.
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section shall be construed as affecting
any authority or obligation of a Federal agency to disclose
any record or information that the Federal agency obtains
from a public transportation agency under any other Federal
law.
(i) DETERMINATION.—In response to a petition by a public
transportation agency or at the discretion of the Secretary, the
Secretary may recognize existing procedures, protocols, and standards of a public transportation agency that the Secretary determines
meet all or part of the requirements of this section regarding
security assessments or security plans.
SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.

Effective date.

6 USC 1135.

(a) SECURITY ASSISTANCE PROGRAM.—
(1) IN GENERAL.—The Secretary shall establish a program
for making grants to eligible public transportation agencies
for security improvements described in subsection (b).
(2) ELIGIBILITY.—A public transportation agency is eligible
for a grant under this section if the Secretary has performed
a security assessment or the agency has developed a security
plan under section 1405. Grant funds shall only be awarded
for permissible uses under subsection (b) to—
(A) address items included in a security assessment;
or
(B) further a security plan.
(b) USES OF FUNDS.—A recipient of a grant under subsection
(a) shall use the grant funds for one or more of the following:

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(1) Capital uses of funds, including—
(A) tunnel protection systems;
(B) perimeter protection systems, including access control, installation of improved lighting, fencing, and barricades;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive detection systems, including the acquisition of canines used
for such detection;
(E) surveillance equipment;
(F) communications equipment, including mobile
service equipment to provide access to wireless Enhanced
911 (E911) emergency services in an underground fixed
guideway system;
(G) emergency response equipment, including personal
protective equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or tracking and recovery equipment, and other automated-vehicle-locator-type system
equipment;
(J) evacuation improvements;
(K) purchase and placement of bomb-resistant trash
cans throughout public transportation facilities, including
subway exits, entrances, and tunnels;
(L) capital costs associated with security awareness,
security preparedness, and security response training,
including training under section 1408 and exercises under
section 1407;
(M) security improvements for public transportation
systems, including extensions thereto, in final design or
under construction;
(N) security improvements for stations and other public
transportation infrastructure, including stations and other
public transportation infrastructure owned by State or local
governments; and
(O) other capital security improvements determined
appropriate by the Secretary.
(2) Operating uses of funds, including—
(A) security training, including training under section
1408 and training developed by institutions of higher education and by nonprofit employee labor organizations, for
public transportation employees, including frontline
employees;
(B) live or simulated exercises under section 1407;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, radiological, biological,
or explosives detection;
(E) development of security plans under section 1405;
(F) overtime reimbursement including reimbursement
of State, local, and tribal governments, for costs for
enhanced security personnel during significant national
and international public events;
(G) operational costs, including reimbursement of
State, local, and tribal governments for costs for personnel
assigned to full-time or part-time security or
counterterrorism duties related to public transportation,

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provided that this expense totals no more than 10 percent
of the total grant funds received by a public transportation
agency in any 1 year; and
(H) other operational security costs determined appropriate by the Secretary, excluding routine, ongoing personnel costs, other than those set forth in this section.
(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—
In carrying out the responsibilities under subsection (a), the Secretary shall—
(1) determine the requirements for recipients of grants
under this section, including application requirements;
(2) pursuant to subsection (a)(2), select the recipients of
grants based solely on risk; and
(3) pursuant to subsection (b), establish the priorities for
which grant funds may be used under this section.
(d) DISTRIBUTION OF GRANTS.—Not later than 90 days after
the date of enactment of this Act, the Secretary and the Secretary
of Transportation shall determine the most effective and efficient
way to distribute grant funds to the recipients of grants determined
by the Secretary under subsection (a). Subject to the determination
made by the Secretaries, the Secretary may transfer funds to the
Secretary of Transportation for the purposes of disbursing funds
to the grant recipient.
(e) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as
otherwise specifically provided in this section, a grant provided
under this section shall be subject to the terms and conditions
applicable to a grant made under section 5307 of title 49, United
States Code, as in effect on January 1, 2007, and such other
terms and conditions as are determined necessary by the Secretary.
(f) LIMITATION ON USES OF FUNDS.—Grants made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(g) ANNUAL REPORTS.—Each recipient of a grant under this
section shall report annually to the Secretary on the use of the
grant funds.
(h) GUIDELINES.—Before distribution of funds to recipients of
grants, the Secretary shall issue guidelines to ensure that, to the
extent that recipients of grants under this section use contractors
or subcontractors, such recipients shall use small, minority, womenowned, or disadvantaged business concerns as contractors or subcontractors to the extent practicable.
(i) COORDINATION WITH STATE HOMELAND SECURITY PLANS.—
In establishing security improvement priorities under section 1405
and in awarding grants for capital security improvements and operational security improvements under subsection (b), the Secretary
shall act consistently with relevant State homeland security plans.
(j) MULTISTATE TRANSPORTATION SYSTEMS.—In cases in which
a public transportation system operates in more than one State,
the Secretary shall give appropriate consideration to the risks of
the entire system, including those portions of the States into which
the system crosses, in establishing security improvement priorities
under section 1405 and in awarding grants for capital security
improvements and operational security improvements under subsection (b).
(k) CONGRESSIONAL NOTIFICATION.—Not later than 3 days
before the award of any grant under this section, the Secretary

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shall notify simultaneously, the appropriate congressional committees of the intent to award such grant.
(l) RETURN OF MISSPENT GRANT FUNDS.—The Secretary shall
establish a process to require the return of any misspent grant
funds received under this section determined to have been spent
for a purpose other than those specified in the grant award.
(m) AUTHORIZATION OF APPROPRIATIONS.—
(1) There are authorized to be appropriated to the Secretary
to make grants under this section—
(A) such sums as are necessary for fiscal year 2007;
(B) $650,000,000 for fiscal year 2008, except that not
more than 50 percent of such funds may be used for operational costs under subsection (b)(2);
(C) $750,000,000 for fiscal year 2009, except that not
more than 30 percent of such funds may be used for operational costs under subsection (b)(2);
(D) $900,000,000 for fiscal year 2010, except that not
more than 20 percent of such funds may be used for operational costs under subsection (b)(2); and
(E) $1,100,000,000 for fiscal year 2011, except that
not more than 10 percent of such funds may be used
for operational costs under subsection (b)(2).
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry
out this section shall remain available until expended.
(3) WAIVER.—The Secretary may waive the limitation on
operational costs specified in subparagraphs (B) through (E)
of paragraph (1) if the Secretary determines that such a waiver
is required in the interest of national security, and if the
Secretary provides a written justification to the appropriate
congressional committees prior to any such action.
(4) EFFECTIVE DATE.—Funds provided for fiscal year 2007
transit security grants under Public Law 110–28 shall be allocated based on security assessments that are in existence as
of the date of enactment of this Act.
6 USC 1136.

SEC. 1407. SECURITY EXERCISES.

(a) IN GENERAL.—The Secretary shall establish a program for
conducting security exercises for public transportation agencies for
the purpose of assessing and improving the capabilities of entities
described in subsection (b) to prevent, prepare for, mitigate against,
respond to, and recover from acts of terrorism.
(b) COVERED ENTITIES.—Entities to be assessed under the program shall include—
(1) Federal, State, and local agencies and tribal governments;
(2) public transportation agencies;
(3) governmental and nongovernmental emergency
response providers and law enforcement personnel, including
transit police; and
(4) any other organization or entity that the Secretary
determines appropriate.
(c) REQUIREMENTS.—The Secretary shall ensure that the
program—
(1) requires, for public transportation agencies which the
Secretary deems appropriate, exercises to be conducted that
are—

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(A) scaled and tailored to the needs of specific public
transportation systems, and include taking into account
the needs of the elderly and individuals with disabilities;
(B) live;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current
risk
assessments,
including
credible
threats,
vulnerabilities, and consequences;
(E) inclusive, as appropriate, of frontline employees
and managers; and
(F) consistent with the National Incident Management
System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such
national initiatives;
(2) provides that exercises described in paragraph (1) will
be—
(A) evaluated by the Secretary against clear and consistent performance measures;
(B) assessed by the Secretary to learn best practices,
which shall be shared with appropriate Federal, State,
local, and tribal officials, governmental and nongovernmental emergency response providers, law enforcement personnel, including railroad and transit police, and appropriate stakeholders; and
(C) followed by remedial action by covered entities
in response to lessons learned;
(3) involves individuals in neighborhoods around the infrastructure of a public transportation system; and
(4) assists State, local, and tribal governments and public
transportation agencies in designing, implementing, and evaluating exercises that conform to the requirements of paragraph
(2).
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure
that the exercise program developed under subsection (a) is a component of the National Exercise Program established under section
648 of the Post Katrina Emergency Management Reform Act (Public
Law 109–295; 6 U.S.C. 748).
(e) FERRY SYSTEM EXEMPTION.—This section does not apply
to any ferry system for which drills are required to be conducted
pursuant to section 70103 of title 46, United States Code.

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SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

6 USC 1137.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Secretary shall develop and issue detailed
interim final regulations, and not later than 1 year after the date
of enactment of this Act, the Secretary shall develop and issue
detailed final regulations, for a public transportation security
training program to prepare public transportation employees,
including frontline employees, for potential security threats and
conditions.
(b) CONSULTATION.—The Secretary shall develop the interim
final and final regulations under subsection (a) in consultation
with—
(1) appropriate law enforcement, fire service, security, and
terrorism experts;
(2) representatives of public transportation agencies; and

Deadlines.
Regulations.

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(3) nonprofit employee labor organizations representing
public transportation employees or emergency response personnel.
(c) PROGRAM ELEMENTS.—The interim final and final regulations developed under subsection (a) shall require security training
programs to include, at a minimum, elements to address the following:
(1) Determination of the seriousness of any occurrence or
threat.
(2) Crew and passenger communication and coordination.
(3) Appropriate responses to defend oneself, including using
nonlethal defense devices.
(4) Use of personal protective devices and other protective
equipment.
(5) Evacuation procedures for passengers and employees,
including individuals with disabilities and the elderly.
(6) Training related to behavioral and psychological understanding of, and responses to, terrorist incidents, including
the ability to cope with hijacker behavior, and passenger
responses.
(7) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(8) Recognition and reporting of dangerous substances and
suspicious packages, persons, and situations.
(9) Understanding security incident procedures, including
procedures for communicating with governmental and nongovernmental emergency response providers and for on scene
interaction with such emergency response providers.
(10) Operation and maintenance of security equipment and
systems.
(11) Other security training activities that the Secretary
deems appropriate.
(d) REQUIRED PROGRAMS.—
(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not
later than 90 days after a public transportation agency meets
the requirements under subsection (e), each such public
transportation agency shall develop a security training program
in accordance with the regulations developed under subsection
(a) and submit the program to the Secretary for approval.
(2) APPROVAL.—Not later than 60 days after receiving a
security training program proposal under this subsection, the
Secretary shall approve the program or require the public
transportation agency that developed the program to make
any revisions to the program that the Secretary determines
necessary for the program to meet the requirements of the
regulations. A public transportation agency shall respond to
the Secretary’s comments within 30 days after receiving them.
(3) TRAINING.—Not later than 1 year after the Secretary
approves a security training program proposal in accordance
with this subsection, the public transportation agency that
developed the program shall complete the training of all
employees covered under the program.
(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—
The Secretary shall periodically review and update, as appropriate, the training regulations issued under subsection (a)
to reflect new or changing security threats. Each public

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transportation agency shall revise its training program accordingly and provide additional training as necessary to its workers
within a reasonable time after the regulations are updated.
(e) APPLICABILITY.—A public transportation agency that
receives a grant award under this title shall be required to develop
and implement a security training program pursuant to this section.
(f) LONG-TERM TRAINING REQUIREMENT.—Any public transportation agency required to develop a security training program pursuant to this section shall provide routine and ongoing training for
employees covered under the program, regardless of whether the
public transportation agency receives subsequent grant awards.
(g) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure
that the training program developed under subsection (a) is a
component of the National Training Program established under
section 648 of the Post Katrina Emergency Management Reform
Act (Public Law 109–295; 6 U.S.C. 748).
(h) FERRY EXEMPTION.—This section shall not apply to any
ferry system for which training is required to be conducted pursuant
to section 70103 of title 46, United States Code.
(i) REPORT.—Not later than 2 years after the date of issuance
of the final regulation, the Comptroller General shall review
implementation of the training program, including interviewing
a representative sample of public transportation agencies and
employees, and report to the appropriate congressional committees,
on the number of reviews conducted and the results. The Comptroller General may submit the report in both classified and
redacted formats as necessary.
SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT.

6 USC 1138.

(a) ESTABLISHMENT OF
GRAM.—The Secretary shall

RESEARCH AND DEVELOPMENT PROcarry out a research and development
program through the Homeland Security Advanced Research
Projects Agency in the Science and Technology Directorate and
in consultation with the Transportation Security Administration
and with the Federal Transit Administration, for the purpose of
improving the security of public transportation systems.
(b) GRANTS AND CONTRACTS AUTHORIZED.—The Secretary shall
award grants or contracts to public or private 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.
(c) USE OF FUNDS.—Grants or contracts awarded under subsection (a)—
(1) shall be coordinated with activities of the Homeland
Security Advanced Research Projects Agency; and
(2) may be used to—
(A) research chemical, biological, radiological, or explosive detection systems that do not significantly impede
passenger access;
(B) research imaging technologies;
(C) conduct product evaluations and testing;
(D) improve security and redundancy for critical
communications, electrical power, and computer and train
control systems;
(E) develop technologies for securing tunnels, transit
bridges and aerial structures;

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(F) research technologies that mitigate damages in the
event of a cyber attack; and
(G) research other technologies or methods for reducing
or deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.—
(1) CONSULTATION.—In carrying out research and development projects under this section, the Secretary shall consult
with the Chief Privacy Officer of the Department and the
Officer for Civil Rights and Civil Liberties of the Department,
as appropriate, and in accordance with section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142).
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002 (6
U.S.C. 142; 345), the Chief Privacy Officer shall conduct privacy
impact assessments and the Officer for Civil Rights and Civil
Liberties shall conduct reviews, as appropriate, for research
and development initiatives developed under this section.
(e) REPORTING REQUIREMENT.—Each entity that is awarded
a grant or contract under this section shall report annually to
the Department on the use of grant or contract funds received
under this section to ensure that the awards made are expended
in accordance with the purposes of this title and the priorities
developed by the Secretary.
(f) COORDINATION.—The Secretary shall ensure that the
research is consistent with the priorities established in the National
Strategy for Public Transportation Security and is coordinated,
to the extent practicable, with other Federal, State, local, tribal,
and private sector public transportation, railroad, commuter railroad, and over-the-road bus research initiatives to leverage
resources and avoid unnecessary duplicative efforts.
(g) RETURN OF MISSPENT GRANT OR CONTRACT FUNDS.—If the
Secretary determines that a grantee or contractor used any portion
of the grant or contract funds received under this section for a
purpose other than the allowable uses specified under subsection
(c), the grantee or contractor shall return any amount so used
to the Treasury of the United States.
(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary to make grants under this
section—
(1) such sums as necessary for fiscal year 2007;
(2) $25,000,000 for fiscal year 2008;
(3) $25,000,000 for fiscal year 2009;
(4) $25,000,000 for fiscal year 2010; and
(5) $25,000,000 for fiscal year 2011.
6 USC 1139.

SEC. 1410. INFORMATION SHARING.

(a) INTELLIGENCE SHARING.—The Secretary shall ensure that
the Department of Transportation receives appropriate and timely
notification of all credible terrorist threats against public transportation assets in the United States.
(b) INFORMATION SHARING ANALYSIS CENTER.—
(1) AUTHORIZATION.—The Secretary shall provide for the
reasonable costs of the Information Sharing and Analysis
Center for Public Transportation (referred to in this subsection
as the ‘‘ISAC’’).
(2) PARTICIPATION.—The Secretary—

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(A) shall require public transportation agencies that
the Secretary determines to be at high risk of terrorist
attack to participate in the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC;
(C) shall encourage the participation of nonprofit
employee labor organizations representing public transportation employees, as appropriate; and
(D) shall not charge a fee for participating in the
ISAC.
(c) REPORT.—The Comptroller General shall report, not less
than 3 years after the date of enactment of this Act, to the appropriate congressional committees, as to the value and efficacy of
the ISAC along with any other public transportation informationsharing programs ongoing at the Department. The report shall
include an analysis of the user satisfaction of public transportation
agencies on the state of information-sharing and the value that
each system provides the user, the costs and benefits of all centers
and programs, the coordination among centers and programs, how
each center or program contributes to implementing the information
sharing plan under section 1203, and analysis of the extent to
which the ISAC is duplicative with the Department’s informationsharing program.
(d) AUTHORIZATION.—
(1) IN GENERAL.—There are authorized to be appropriated
to the Secretary to carry out this section—
(A) $600,000 for fiscal year 2008;
(B) $600,000 for fiscal year 2009;
(C) $600,000 for fiscal year 2010; and
(D) such sums as may be necessary for 2011, provided
the report required in subsection (c) of this section has
been submitted to Congress.
(2) AVAILABILITY OF FUNDS.—Such sums shall remain available until expended.
SEC. 1411. THREAT ASSESSMENTS.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete a name-based security background
check against the consolidated terrorist watchlist and an immigration status check for all public transportation frontline employees,
similar to the threat assessment screening program required for
facility employees and longshoremen by the Commandant of the
Coast Guard under Coast Guard Notice USCG–2006–24189 (71
Fed. Reg. 25066 (April 8, 2006)).
SEC. 1412. REPORTING REQUIREMENTS.

Deadline.
6 USC 1140.

6 USC 1141.

(a) ANNUAL REPORT TO CONGRESS.—
(1) IN GENERAL.—Not later than March 31 of each year,
the Secretary shall submit a report, containing the information
described in paragraph (2), to the appropriate congressional
committees.
(2) CONTENTS.—The report submitted under paragraph (1)
shall include—
(A) a description of the implementation of the provisions of this title;
(B) the amount of funds appropriated to carry out
the provisions of this title that have not been expended
or obligated;

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PUBLIC LAW 110–53—AUG. 3, 2007
(C) the National Strategy for Public Transportation
Security required under section 1404;
(D) an estimate of the cost to implement the National
Strategy for Public Transportation Security which shall
break out the aggregated total cost of needed capital and
operational security improvements for fiscal years 2008–
2018; and
(E) the state of public transportation security in the
United States, which shall include detailing the status
of security assessments, the progress being made around
the country in developing prioritized lists of security
improvements necessary to make public transportation
facilities and passengers more secure, the progress being
made by agencies in developing security plans and how
those plans differ from the security assessments and a
prioritized list of security improvements being compiled
by other agencies, as well as a random sample of an equal
number of large- and small-scale projects currently underway.
(3) FORMAT.—The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(b) ANNUAL REPORT TO GOVERNORS.—
(1) IN GENERAL.—Not later than March 31 of each year,
the Secretary shall submit a report to the Governor of each
State with a public transportation agency that has received
a grant under this Act.
(2) CONTENTS.—The report submitted under paragraph (1)
shall specify—
(A) the amount of grant funds distributed to each
such public transportation agency; and
(B) the use of such grant funds.

6 USC 1142.

SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.

(a) IN GENERAL.—A public transportation agency, a contractor
or a subcontractor of such agency, or an officer or employee of
such agency, shall not discharge, demote, suspend, reprimand, or
in any other way discriminate against an employee if such discrimination is due, in whole or in part, to the employee’s lawful, good
faith act done, or perceived by the employer to have been done
or about to be done—
(1) to provide information, directly cause information to
be provided, or otherwise directly assist in any investigation
regarding any conduct which the employee reasonably believes
constitutes a violation of any Federal law, rule, or regulation
relating to public transportation safety or security, or fraud,
waste, or abuse of Federal grants or other public funds intended
to be used for public transportation safety or security, if the
information or assistance is provided to or an investigation
stemming from the provided information is conducted by—
(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General
under the Inspector General Act of 1978 (5 U.S.C. App.;
Public Law 95–452);
(B) any Member of Congress, any Committee of Congress, or the Government Accountability Office; or

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(C) a person with supervisory authority over the
employee or such other person who has the authority to
investigate, discover, or terminate the misconduct;
(2) to refuse to violate or assist in the violation of any
Federal law, rule, or regulation relating to public transportation
safety or security;
(3) to file a complaint or directly cause to be brought
a proceeding related to the enforcement of this section or to
testify in that proceeding;
(4) to cooperate with a safety or security investigation
by the Secretary of Transportation, the Secretary of Homeland
Security, or the National Transportation Safety Board; or
(5) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National
Transportation Safety Board, or any Federal, State, or local
regulatory or law enforcement agency as to the facts relating
to any accident or incident resulting in injury or death to
an individual or damage to property occurring in connection
with public transportation.
(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A public
transportation agency, or a contractor or a subcontractor of such
agency, or an officer or employee of such agency, shall not discharge,
demote, suspend, reprimand, or in any other way discriminate
against an employee for—
(A) reporting a hazardous safety or security condition;
(B) refusing to work when confronted by a hazardous safety
or security condition related to the performance of the
employee’s duties, if the conditions described in paragraph (2)
exist; or
(C) refusing to authorize the use of any safety- or securityrelated equipment, track, or structures, if the employee is
responsible for the inspection or repair of the equipment, track,
or structures, when the employee believes that the equipment,
track, or structures are in a hazardous safety or security condition, if the conditions described in paragraph (2) of this subsection exist.
(2) A refusal is protected under paragraph (1)(B) and (C) if—
(A) the refusal is made in good faith and no reasonable
alternative to the refusal is available to the employee;
(B) a reasonable individual in the circumstances then confronting the employee would conclude that—
(i) the hazardous condition presents an imminent
danger of death or serious injury; and
(ii) the urgency of the situation does not allow sufficient
time to eliminate the danger without such refusal; and
(C) the employee, where possible, has notified the public
transportation agency of the existence of the hazardous condition and the intention not to perform further work, or not
to authorize the use of the hazardous equipment, track, or
structures, unless the condition is corrected immediately or
the equipment, track, or structures are repaired properly or
replaced.
(3) In this subsection, only subsection (b)(1)(A) shall apply
to security personnel, including transit police, employed or utilized
by a public transportation agency to protect riders, equipment,
assets, or facilities.
(c) ENFORCEMENT ACTION.—

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121 STAT. 416

(1) FILING AND NOTIFICATION.—A person who believes that
he or she has been discharged or otherwise discriminated
against by any person in violation of subsection (a) or (b)
may, not later than 180 days after the date on which such
violation occurs, file (or have any person file on his or her
behalf) a complaint with the Secretary of Labor alleging such
discharge or discrimination. Upon receipt of a complaint filed
under this paragraph, the Secretary of Labor shall notify, in
writing, the person named in the complaint and the person’s
employer of the filing of the complaint, of the allegations contained in the complaint, of the substance of evidence supporting
the complaint, and of the opportunities that will be afforded
to such person under paragraph (2).
(2) INVESTIGATION; PRELIMINARY ORDER.—
(A) IN GENERAL.—Not later than 60 days after the
date of receipt of a complaint filed under paragraph (1)
and after affording the person named in the complaint
an opportunity to submit to the Secretary of Labor a written response to the complaint and an opportunity to meet
with a representative of the Secretary of Labor to present
statements from witnesses, the Secretary of Labor shall
conduct an investigation and determine whether there is
reasonable cause to believe that the complaint has merit
and notify, in writing, the complainant and the person
alleged to have committed a violation of subsection (a)
or (b) of the Secretary of Labor’s findings. If the Secretary
of Labor concludes that there is a reasonable cause to
believe that a violation of subsection (a) or (b) has occurred,
the Secretary of Labor shall accompany the Secretary of
Labor’s findings with a preliminary order providing the
relief prescribed by paragraph (3)(B). Not later than 30
days after the date of notification of findings under this
paragraph, either the person alleged to have committed
the violation or the complainant may file objections to
the findings or preliminary order, or both, and request
a hearing on the record. The filing of such objections shall
not operate to stay any reinstatement remedy contained
in the preliminary order. Such hearings shall be conducted
expeditiously. If a hearing is not requested in such 30day period, the preliminary order shall be deemed a final
order that is not subject to judicial review.
(B) REQUIREMENTS.—
(i) REQUIRED SHOWING BY COMPLAINANT.—The Secretary of Labor shall dismiss a complaint filed under
this subsection and shall not conduct an investigation
otherwise required under subparagraph (A) unless the
complainant makes a prima facie showing that any
behavior described in subsection (a) or (b) was a
contributing factor in the unfavorable personnel action
alleged in the complaint.
(ii) SHOWING BY EMPLOYER.—Notwithstanding a
finding by the Secretary of Labor that the complainant
has made the showing required under clause (i), no
investigation otherwise required under paragraph (A)
shall be conducted if the employer demonstrates, by
clear and convincing evidence, that the employer would

Deadline.

Deadlines.
Notification.

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have taken the same unfavorable personnel action in
the absence of that behavior.
(iii) CRITERIA FOR DETERMINATION BY SECRETARY
OF LABOR.—The Secretary of Labor may determine that
a violation of subsection (a) or (b) has occurred only
if the complainant demonstrates that any behavior
described in subsection (a) or (b) was a contributing
factor in the unfavorable personnel action alleged in
the complaint.
(iv) PROHIBITION.—Relief may not be ordered
under paragraph (A) if the employer demonstrates by
clear and convincing evidence that the employer would
have taken the same unfavorable personnel action in
the absence of that behavior.
(3) FINAL ORDER.—
(A) DEADLINE FOR ISSUANCE; SETTLEMENT AGREEMENTS.—Not later than 120 days after the date of conclusion of a hearing under paragraph (2), the Secretary of
Labor shall issue a final order providing the relief prescribed by this paragraph or denying the complaint. At
any time before issuance of a final order, a proceeding
under this subsection may be terminated on the basis
of a settlement agreement entered into by the Secretary
of Labor, the complainant, and the person alleged to have
committed the violation.
(B) REMEDY.—If, in response to a complaint filed under
paragraph (1), the Secretary of Labor determines that a
violation of subsection (a) or (b) has occurred, the Secretary
of Labor shall order the person who committed such violation to—
(i) take affirmative action to abate the violation;
and
(ii) provide the remedies described in subsection
(d).
(C) ORDER.—If an order is issued under subparagraph
(B), the Secretary of Labor, at the request of the complainant, shall assess against the person against whom the
order is issued a sum equal to the aggregate amount of
all costs and expenses (including attorney and expert witness fees) reasonably incurred, as determined by the Secretary of Labor, by the complainant for, or in connection
with, bringing the complaint upon which the order was
issued.
(D) FRIVOLOUS COMPLAINTS.—If the Secretary of Labor
finds that a complaint under paragraph (1) is frivolous
or has been brought in bad faith, the Secretary of Labor
may award to the prevailing employer reasonable attorney
fees not exceeding $1,000.
(4) REVIEW.—
(A) APPEAL TO COURT OF APPEALS.—Any person
adversely affected or aggrieved by an order issued under
paragraph (3) may obtain review of the order in the United
States Court of Appeals for the circuit in which the violation, with respect to which the order was issued, allegedly
occurred or the circuit in which the complainant resided
on the date of such violation. The petition for review must
be filed not later than 60 days after the date of the issuance

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of the final order of the Secretary of Labor. Review shall
conform to chapter 7 of title 5, United States Code. The
commencement of proceedings under this subparagraph
shall not, unless ordered by the court, operate as a stay
of the order.
(B) LIMITATION ON COLLATERAL ATTACK.—An order of
the Secretary of Labor with respect to which review could
have been obtained under subparagraph (A) shall not be
subject to judicial review in any criminal or other civil
proceeding.
(5) ENFORCEMENT OF ORDER BY SECRETARY OF LABOR.—
Whenever any person has failed to comply with an order issued
under paragraph (3), the Secretary of Labor may file a civil
action in the United States district court for the district in
which the violation was found to occur to enforce such order.
In actions brought under this paragraph, the district courts
shall have jurisdiction to grant all appropriate relief including,
but not limited to, injunctive relief and compensatory damages.
(6) ENFORCEMENT OF ORDER BY PARTIES.—
(A) COMMENCEMENT OF ACTION.—A person on whose
behalf an order was issued under paragraph (3) may commence a civil action against the person to whom such
order was issued to require compliance with such order.
The appropriate United States district court shall have
jurisdiction, without regard to the amount in controversy
or the citizenship of the parties, to enforce such order.
(B) ATTORNEY FEES.—The court, in issuing any final
order under this paragraph, may award costs of litigation
(including reasonable attorney and expert witness fees)
to any party whenever the court determines such award
is appropriate.
(7) DE NOVO REVIEW.—With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a final
decision within 210 days after the filing of the complaint and
if the delay is not due to the bad faith of the employee, the
employee may bring an original action at law or equity for
de novo review in the appropriate district court of the United
States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action
shall, at the request of either party to such action, be tried
by the court with a jury. The action shall be governed by
the same legal burdens of proof specified in paragraph (2)(B)
for review by the Secretary of Labor.
(d) REMEDIES.—
(1) IN GENERAL.—An employee prevailing in any action
under subsection (c) shall be entitled to all relief necessary
to make the employee whole.
(2) DAMAGES.—Relief in an action under subsection (c)
(including an action described in (c)(7)) shall include—
(A) reinstatement with the same seniority status that
the employee would have had, but for the discrimination;
(B) any backpay, with interest; and
(C) compensatory damages, including compensation for
any special damages sustained as a result of the discrimination, including litigation costs, expert witness fees, and
reasonable attorney fees.

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(3) POSSIBLE RELIEF.—Relief in any action under subsection
(c) may include punitive damages in an amount not to exceed
$250,000.
(e) ELECTION OF REMEDIES.—An employee may not seek protection under both this section and another provision of law for the
same allegedly unlawful act of the public transportation agency.
(f) NO PREEMPTION.—Nothing in this section preempts or diminishes any other safeguards against discrimination, demotion, discharge, suspension, threats, harassment, reprimand, retaliation,
or any other manner of discrimination provided by Federal or
State law.
(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section
shall be construed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in this
section may not be waived by any agreement, policy, form, or
condition of employment.
(h) DISCLOSURE OF IDENTITY.—
(1) Except as provided in paragraph (2) of this subsection,
or with the written consent of the employee, the Secretary
of Transportation or the Secretary of Homeland Security may
not disclose the name of an employee who has provided information described in subsection (a)(1).
(2) The Secretary of Transportation or the Secretary of
Homeland Security shall disclose to the Attorney General the
name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for
enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if
disclosure of that person’s identity or identifying information
is to occur.
(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE
DEPARTMENT OF HOMELAND SECURITY.—
(1) ESTABLISHMENT OF PROCESS.—The Secretary shall
establish through regulations after an opportunity for notice
and comment, and provide information to the public regarding,
a process by which any person may submit a report to the
Secretary regarding public transportation security problems,
deficiencies, or vulnerabilities.
(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted
under paragraph (1) identifies the person making the report,
the Secretary shall respond promptly to such person and
acknowledge receipt of the report.
(3) STEPS TO ADDRESS PROBLEM.—The Secretary shall
review and consider the information provided in any report
submitted under paragraph (1) and shall take appropriate steps
to address any problems or deficiencies identified.
SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS FOR PUBLIC TRANSPORTATION.

Notification.

Regulations.
Notice.
Public
information.

6 USC 1143.

(a) DEFINITIONS.—In this section, the following definitions
apply:
(1) SECURITY BACKGROUND CHECK.—The term ‘‘security
background check’’ means reviewing the following for the purpose of identifying individuals who may pose a threat to
transportation security, national security, or of terrorism:
(A) Relevant criminal history databases.

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121 STAT. 420

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(B) In the case of an alien (as defined in section 101
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(3))), the relevant databases to determine the status
of the alien under the immigration laws of the United
States.
(C) Other relevant information or databases, as determined by the Secretary.
(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’
means an employee of a public transportation agency or a
contractor or subcontractor of a public transportation agency.
(b) GUIDANCE.—
(1) Any guidance, recommendations, suggested action
items, or any other widely disseminated voluntary action item
issued by the Secretary to a public transportation agency or
a contractor or subcontractor of a public transportation agency
relating to performing a security background check of a covered
individual shall contain recommendations on the appropriate
scope and application of such a security background check,
including the time period covered, the types of disqualifying
offenses, and a redress process for adversely impacted covered
individuals consistent with subsections (c) and (d) of this section.
(2) Not later than 60 days after the date of enactment
of this Act, any guidance, recommendations, suggested action
items, or any other widely disseminated voluntary action item
issued by the Secretary prior to the date of enactment of this
Act to a public transportation agency or a contractor or subcontractor of a public transportation agency relating to performing
a security background check of a covered individual shall be
updated in compliance with paragraph (b)(1).
(3) If a public transportation agency or a contractor or
subcontractor of a public transportation agency performs a security background check on a covered individual to fulfill guidance
issued by the Secretary under paragraph (1) or (2), the Secretary shall not consider such guidance fulfilled unless an adequate redress process as described in subsection (d) is provided
to covered individuals.
(c) REQUIREMENTS.—If the Secretary issues a rule, regulation
or directive requiring a public transportation agency or contractor
or subcontractor of a public transportation agency to perform a
security background check of a covered individual, then the Secretary shall prohibit a public transportation agency or contractor
or subcontractor of a public transportation agency from making
an adverse employment decision, including removal or suspension
of the employee, due to such rule, regulation, or directive with
respect to a covered individual unless the public transportation
agency or contractor or subcontractor of a public transportation
agency determines that the covered individual—
(1) has been convicted of, has been found not guilty of
by reason of insanity, or is under want, warrant, or indictment
for a permanent disqualifying criminal offense listed in part
1572 of title 49, Code of Federal Regulations;
(2) was convicted of or found not guilty by reason of insanity
of an interim disqualifying criminal offense listed in part 1572
of title 49, Code of Federal Regulations, within 7 years of
the date that the public transportation agency or contractor

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121 STAT. 421

or subcontractor of the public transportation agency performs
the security background check; or
(3) was incarcerated for an interim disqualifying criminal
offense listed in part 1572 of title 49, Code of Federal Regulations, and released from incarceration within 5 years of the
date that the public transportation agency or contractor or
subcontractor of a public transportation agency performs the
security background check.
(d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or directive requiring a public transportation agency or contractor or subcontractor of a public transportation agency to perform
a security background check of a covered individual, the Secretary
shall—
(1) provide an adequate redress process for a covered individual subjected to an adverse employment decision, including
removal or suspension of the employee, due to such rule, regulation, or directive that is consistent with the appeals and waiver
process established for applicants for commercial motor vehicle
hazardous materials endorsements and transportation workers
at ports, as required by section 70105(c) of title 49, United
States Code; and
(2) have the authority to order an appropriate remedy,
including reinstatement of the covered individual, should the
Secretary determine that a public transportation agency or
contractor or subcontractor of a public transportation agency
wrongfully made an adverse employment decision regarding
a covered individual pursuant to such rule, regulation, or directive.
(e) FALSE STATEMENTS.—A public transportation agency or a
contractor or subcontractor of a public transportation agency may
not knowingly misrepresent to an employee or other relevant person, including an arbiter involved in a labor arbitration, the scope,
application, or meaning of any rules, regulations, directives, or
guidance issued by the Secretary related to security background
check requirements for covered individuals when conducting a security background check. Not later than 1 year after the date of
enactment of this Act, the Secretary shall issue a regulation that
prohibits a public transportation agency or a contractor or subcontractor of a public transportation agency from knowingly misrepresenting to an employee or other relevant person, including an
arbiter involved in a labor arbitration, the scope, application, or
meaning of any rules, regulations, directives, or guidance issued
by the Secretary related to security background check requirements
for covered individuals when conducting a security background
check.
(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall
be construed to abridge a public transportation agency’s or a contractor or subcontractor of a public transportation agency’s rights
or responsibilities to make adverse employment decisions permitted
by other Federal, State, or local laws. Nothing in the section shall
be construed to abridge rights and responsibilities of covered
individuals, a public transportation agency, or a contractor or subcontractor of a public transportation agency under any other Federal, State, or local laws or collective bargaining agreement.
(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in
this section shall be construed to preempt a Federal, State, or
local law that requires criminal history background checks,

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Regulations.

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immigration status checks, or other background checks of covered
individuals.
(h) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to affect the process for review established under
section 70105(c) of title 46, United States Code, including regulations issued pursuant to such section.
6 USC 1144.

Notice.

SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES.

(a) INSPECTORS.—Surface transportation inspectors shall be
prohibited from issuing fines to public transportation agencies for
violations of the Department’s regulations or orders except through
the process described in subsection (b).
(b) CIVIL PENALTIES.—The Secretary shall be prohibited from
assessing civil penalties against public transportation agencies for
violations of the Department’s regulations or orders, except in
accordance with the following:
(1) In the case of a public transportation agency that is
found to be in violation of a regulation or order issued by
the Secretary, the Secretary shall seek correction of the violation through a written notice to the public transportation
agency and shall give the public transportation agency reasonable opportunity to correct the violation or propose an alternative means of compliance acceptable to the Secretary.
(2) If the public transportation agency does not correct
the violation or propose an alternative means of compliance
acceptable to the Secretary within a reasonable time period
that is specified in the written notice, the Secretary may take
any action authorized in section 114 of title 49, United States
Code, as amended by this Act.
(c) LIMITATION ON SECRETARY.—The Secretary shall not initiate
civil enforcement actions for violations of administrative and procedural requirements pertaining to the application for and expenditure of funds awarded under transportation security grant programs
under this title.

TITLE XV—SURFACE TRANSPORTATION
SECURITY
Subtitle A—General Provisions
6 USC 1151.

SEC. 1501. DEFINITIONS.

In this title, the following definitions apply:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Commerce, Science, and Transportation and the Committee
on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security and the Committee
on Transportation and Infrastructure of the House of Representatives.
(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Homeland Security.
(3) DEPARTMENT.—The term ‘‘Department’’ means the
Department of Homeland Security.

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(4) OVER-THE-ROAD BUS.—The term ‘‘over-the-road bus’’
means a bus characterized by an elevated passenger deck
located over a baggage compartment.
(5) OVER-THE-ROAD BUS FRONTLINE EMPLOYEES.—In this
section, the term ‘‘over-the-road bus frontline employees’’ means
over-the-road bus drivers, security personnel, dispatchers,
maintenance and maintenance support personnel, ticket agents,
other terminal employees, and other employees of an overthe-road bus operator or terminal owner or operator that the
Secretary determines should receive security training under
this title.
(6) RAILROAD FRONTLINE EMPLOYEES.—In this section, the
term ‘‘railroad frontline employees’’ means security personnel,
dispatchers, locomotive engineers, conductors, trainmen, other
onboard employees, maintenance and maintenance support personnel, bridge tenders, and any other employees of railroad
carriers that the Secretary determines should receive security
training under this title.
(7) RAILROAD.—The term ‘‘railroad’’ has the meaning that
term has in section 20102 of title 49, United States Code.
(8) RAILROAD CARRIER.—The term ‘‘railroad carrier’’ has
the meaning that term has in section 20102 of title 49, United
States Code.
(9) STATE.—The term ‘‘State’’ means any one of the 50
States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, Guam, American Samoa,
and any other territory or possession of the United States.
(10) TERRORISM.—The term ‘‘terrorism’’ has the meaning
that term has in section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101).
(11) TRANSPORTATION.—The term ‘‘transportation’’, as used
with respect to an over-the-road bus, means the movement
of passengers or property by an over-the-road bus—
(A) in the jurisdiction of the United States between
a place in a State and a place outside the State (including
a place outside the United States); or
(B) in a State that affects trade, traffic, and transportation described in subparagraph (A).
(12) UNITED STATES.—The term ‘‘United States’’ means the
50 States, the District of Columbia, Puerto Rico, the Northern
Mariana Islands, the Virgin Islands, Guam, American Samoa,
and any other territory or possession of the United States.
(13) SECURITY-SENSITIVE MATERIAL.—The term ‘‘securitysensitive material’’ means a material, or a group or class of
material, in a particular amount and form that the Secretary,
in consultation with the Secretary of Transportation, determines, through a rulemaking with opportunity for public comment, poses a significant risk to national security while being
transported in commerce due to the potential use of the material in an act of terrorism. In making such a designation,
the Secretary shall, at a minimum, consider the following:
(A) Class 7 radioactive materials.
(B) Division 1.1, 1.2, or 1.3 explosives.
(C) Materials poisonous or toxic by inhalation,
including Division 2.3 gases and Division 6.1 materials.

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PUBLIC LAW 110–53—AUG. 3, 2007
(D) A select agent or toxin regulated by the Centers
for Disease Control and Prevention under part 73 of title
42, Code of Federal Regulations.
(14) DISADVANTAGED BUSINESS CONCERNS.—The term ‘‘disadvantaged business concerns’’ means small businesses that
are owned and controlled by socially and economically disadvantaged individuals as defined in section 124, of title 13, Code
of Federal Regulations.
(15) AMTRAK.—The term ‘‘Amtrak’’ means the National
Railroad Passenger Corporation.

6 USC 1152.

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SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.

(a) SECRETARIAL OVERSIGHT.—The Secretary, in coordination
with Secretary of Transportation for grants awarded to Amtrak,
shall establish necessary procedures, including monitoring and
audits, to ensure that grants made under this title are expended
in accordance with the purposes of this title and the priorities
and other criteria developed by the Secretary.
(b) ADDITIONAL AUDITS AND REVIEWS.—The Secretary, and the
Secretary of Transportation for grants awarded to Amtrak, may
award contracts to undertake additional audits and reviews of
the safety, security, procurement, management, and financial
compliance of a recipient of amounts under this title.
(c) PROCEDURES FOR GRANT AWARD.—Not later than 180 days
after the date of enactment of this Act, the Secretary shall prescribe
procedures and schedules for the awarding of grants under this
title, including application and qualification procedures, and a
record of decision on applicant eligibility. The procedures shall
include the execution of a grant agreement between the grant
recipient and the Secretary and shall be consistent, to the extent
practicable, with the grant procedures established under section
70107(i) and (j) of title 46, United States Code.
(d) ADDITIONAL AUTHORITY.—
(1) ISSUANCE.—The Secretary may 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 cost, for
a capital improvement project.
(2) SCHEDULE.—The letter of intent under this subsection
shall establish a schedule under which the Secretary will
reimburse the recipient for the Government’s share of the
project’s costs, as amounts become available, if the recipient,
after the Secretary issues that letter, carries out the project
without receiving amounts under a grant issued under this
title.
(3) NOTICE TO SECRETARY.—A recipient that has been
issued a letter of intent under this section shall notify the
Secretary of the recipient’s intent to carry out a project before
the project begins.
(4) NOTICE TO CONGRESS.—The Secretary shall transmit
to the appropriate congressional committees a written notification at least 5 days before the issuance of a letter of intent
under this subsection.
(5) LIMITATIONS.—A letter of intent issued under this subsection is not an obligation of the Federal Government under
section 1501 of title 31, United States Code, and the letter
is not deemed to be an administrative commitment for

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financing. An obligation or administrative commitment may
be made only as amounts are provided in authorization and
appropriations laws.
(e) RETURN OF MISSPENT GRANT FUNDS.—As part of the grant
agreement under subsection (c), the Secretary shall require grant
applicants to return any misspent grant funds received under this
title that the Secretary considers to have been spent for a purpose
other than those specified in the grant award. The Secretary shall
take all necessary actions to recover such funds.
(f) CONGRESSIONAL NOTIFICATION.—Not later than 5 days before
the award of any grant is made under this title, the Secretary
shall notify the appropriate congressional committees of the intent
to award such grant.
(g) GUIDELINES.—The Secretary shall ensure, to the extent
practicable, that grant recipients under this title who use contractors or subcontractors use small, minority, women-owned, or disadvantaged business concerns as contractors or subcontractors when
appropriate.

Deadline.

SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.

(a) TRANSPORTATION SECURITY ADMINISTRATION
TION.—Section 114 of title 49, United States Code,

AUTHORIZAas amended
by section 1302 of this Act, is further amended by adding at the
end the following:
‘‘(w) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary of Homeland Security
for—
‘‘(1) railroad security—
‘‘(A) $488,000,000 for fiscal year 2008;
‘‘(B) $483,000,000 for fiscal year 2009;
‘‘(C) $508,000,000 for fiscal year 2010; and
‘‘(D) $508,000,000 for fiscal year 2011;
‘‘(2) over-the-road bus and trucking security—
‘‘(A) $14,000,000 for fiscal year 2008;
‘‘(B) $27,000,000 for fiscal year 2009;
‘‘(C) $27,000,000 for fiscal year 2010; and
‘‘(D) $27,000,000 for fiscal year 2011; and
‘‘(3) hazardous material and pipeline security—
‘‘(A) $12,000,000 for fiscal year 2008;
‘‘(B) $12,000,000 for fiscal year 2009; and
‘‘(C) $12,000,000 for fiscal year 2010.’’.
(b) DEPARTMENT OF TRANSPORTATION.—There are authorized
to be appropriated to the Secretary of Transportation to carry
out section 1515—
(1) $38,000,000 for fiscal year 2008;
(2) $40,000,000 for fiscal year 2009;
(3) $55,000,000 for fiscal year 2010; and
(4) $70,000,000 for fiscal year 2011.
SEC. 1504. PUBLIC AWARENESS.

Not later than 180 days after the date of enactment of this
Act, the Secretary shall develop a national plan for railroad and
over-the-road bus security public outreach and awareness. Such
a plan shall be designed to increase awareness of measures that
the general public, passengers, and employees of railroad carriers
and over-the-road bus operators can take to increase the security
of the national railroad and over-the-road bus transportation systems. Such a plan shall also provide outreach to railroad carriers

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6 USC 1153.

Deadlines.
6 USC 1154.

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and over-the-road bus operators and their employees to improve
their awareness of available technologies, ongoing research and
development efforts, and available Federal funding sources to
improve security. Not later than 9 months after the date of enactment of this Act, the Secretary shall implement the plan developed
under this section.

Subtitle B—Railroad Security
6 USC 1161.

SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT
AND NATIONAL STRATEGY.

Establishment.
Deadline.

(a) RISK ASSESSMENT.—The Secretary shall establish a Federal
task force, including the Transportation Security Administration
and other agencies within the Department, the Department of
Transportation, and other appropriate Federal agencies, to complete, within 6 months of the date of enactment of this Act, a
nationwide risk assessment of a terrorist attack on railroad carriers.
The assessment shall include—
(1) a methodology for conducting the risk assessment,
including timelines, that addresses how the Department will
work with the entities described in subsection (c) and make
use of existing Federal expertise within the Department, the
Department of Transportation, and other appropriate agencies;
(2) identification and evaluation of critical assets and infrastructure, including tunnels used by railroad carriers in highthreat urban areas;
(3) identification of risks to those assets and infrastructure;
(4) identification of risks that are specific to the transportation of hazardous materials via railroad;
(5) identification of risks to passenger and cargo security,
transportation infrastructure protection systems, operations,
communications systems, and any other area identified by the
assessment;
(6) an assessment of employee training and emergency
response planning;
(7) an assessment of public and private operational recovery
plans, taking into account the plans for the maritime sector
required under section 70103 of title 46, United States Code,
to expedite, to the maximum extent practicable, the return
of an adversely affected railroad transportation system or
facility to its normal performance level after a major terrorist
attack or other security event on that system or facility; and
(8) an account of actions taken or planned by both public
and private entities to address identified railroad security
issues and an assessment of the effective integration of such
actions.
(b) NATIONAL STRATEGY.—
(1) REQUIREMENT.—Not later than 9 months after the date
of enactment of this Act and based upon the assessment conducted under subsection (a), the Secretary, consistent with
and as required by section 114(t) of title 49, United States
Code, shall develop and implement the modal plan for railroad
transportation, entitled the ‘‘National Strategy for Railroad
Transportation Security’’.

Deadline.

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(2) CONTENTS.—The modal plan shall include prioritized
goals, actions, objectives, policies, mechanisms, and schedules
for, at a minimum—
(A) improving the security of railroad tunnels, railroad
bridges, railroad switching and car storage areas, other
railroad infrastructure and facilities, information systems,
and other areas identified by the Secretary as posing
significant railroad-related risks to public safety and the
movement of interstate commerce, taking into account the
impact that any proposed security measure might have
on the provision of railroad service or on operations served
or otherwise affected by railroad service;
(B) deploying equipment and personnel to detect security threats, including those posed by explosives and hazardous chemical, biological, and radioactive substances, and
any appropriate countermeasures;
(C) consistent with section 1517, training railroad
employees in terrorism prevention, preparedness, passenger evacuation, and response activities;
(D) conducting public outreach campaigns for railroads
regarding security, including educational initiatives
designed to inform the public on how to prevent, prepare
for, respond to, and recover from a terrorist attack on
railroad transportation;
(E) providing additional railroad security support for
railroads at high or severe threat levels of alert;
(F) ensuring, in coordination with freight and intercity
and commuter passenger railroads, the continued movement of freight and passengers in the event of an attack
affecting the railroad system, including the possibility of
rerouting traffic due to the loss of critical infrastructure,
such as a bridge, tunnel, yard, or station;
(G) coordinating existing and planned railroad security
initiatives undertaken by the public and private sectors;
(H) assessing—
(i) the usefulness of covert testing of railroad security systems;
(ii) the ability to integrate security into infrastructure design; and
(iii) the implementation of random searches of passengers and baggage; and
(I) identifying the immediate and long-term costs of
measures that may be required to address those risks
and public and private sector sources to fund such measures.
(3) RESPONSIBILITIES.—The Secretary shall include in the
modal plan a description of the roles, responsibilities, and
authorities of Federal, State, and local agencies, governmentsponsored entities, tribal governments, and appropriate stakeholders described in subsection (c). The plan shall also include—
(A) the identification of, and a plan to address, gaps
and unnecessary overlaps in the roles, responsibilities, and
authorities described in this paragraph;
(B) a methodology for how the Department will work
with the entities described in subsection (c), and make
use of existing Federal expertise within the Department,

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the Department of Transportation, and other appropriate
agencies;
(C) a process for facilitating security clearances for
the purpose of intelligence and information sharing with
the entities described in subsection (c), as appropriate;
(D) a strategy and timeline, coordinated with the
research and development program established under section 1518, for the Department, the Department of Transportation, other appropriate Federal agencies and private entities to research and develop new technologies for securing
railroad systems; and
(E) a process for coordinating existing or future security
strategies and plans for railroad transportation, including
the National Infrastructure Protection Plan required by
Homeland Security Presidential Directive–7; Executive
Order No. 13416: ‘‘Strengthening Surface Transportation
Security’’ dated December 5, 2006; the Memorandum of
Understanding between the Department and the Department of Transportation on Roles and Responsibilities dated
September 28, 2004, and any and all subsequent annexes
to this Memorandum of Understanding, and any other
relevant agreements between the two Departments.
(c) CONSULTATION WITH STAKEHOLDERS.—In developing the
National Strategy required under this section, the Secretary shall
consult with railroad management, nonprofit employee organizations representing railroad employees, owners or lessors of railroad
cars used to transport hazardous materials, emergency responders,
offerors of security-sensitive materials, public safety officials, and
other relevant parties.
(d) ADEQUACY OF EXISTING PLANS AND STRATEGIES.—In developing the risk assessment and National Strategy required under
this section, the Secretary shall utilize relevant existing plans,
strategies, and risk assessments developed by the Department or
other Federal agencies, including those developed or implemented
pursuant to section 114(t) of title 49, United States Code, or Homeland Security Presidential Directive–7, and, as appropriate, assessments developed by other public and private stakeholders.
(e) REPORT.—
(1) CONTENTS.—Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
appropriate congressional committees a report containing—
(A) the assessment and the National Strategy required
by this section; and
(B) an estimate of the cost to implement the National
Strategy.
(2) FORMAT.—The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(f) ANNUAL UPDATES.—Consistent with the requirements of section 114(t) of title 49, United States Code, the Secretary shall
update the assessment and National Strategy each year and
transmit a report, which may be submitted in both classified and
redacted formats, to the appropriate congressional committees containing the updated assessment and recommendations.
(g) FUNDING.—Out of funds appropriated pursuant to section
114(w) of title 49, United States Code, as amended by section

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1503 of this title, there shall be made available to the Secretary
to carry out this section $5,000,000 for fiscal year 2008.

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SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.

6 USC 1162.

(a) IN GENERAL.—Not later than 12 months after the date
of enactment of this Act, the Secretary shall issue regulations
that—
(1) require each railroad carrier assigned to a high-risk
tier under this section to—
(A) conduct a vulnerability assessment in accordance
with subsections (c) and (d); and
(B) to prepare, submit to the Secretary for approval,
and implement a security plan in accordance with this
section that addresses security performance requirements;
and
(2) establish standards and guidelines, based on and consistent with the risk assessment and National Strategy for
Railroad Transportation Security developed under section 1511,
for developing and implementing the vulnerability assessments
and security plans for railroad carriers assigned to high-risk
tiers.
(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish
a security program for railroad carriers not assigned to a highrisk tier, including—
(1) guidance for such carriers in conducting vulnerability
assessments and preparing and implementing security plans,
as determined appropriate by the Secretary; and
(2) a process to review and approve such assessments and
plans, as appropriate.
(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after
the date of issuance of the regulations under subsection (a), the
vulnerability assessments and security plans required by such regulations for railroad carriers assigned to a high-risk tier shall be
completed and submitted to the Secretary for review and approval.
(d) VULNERABILITY ASSESSMENTS.—
(1) REQUIREMENTS.—The Secretary shall provide technical
assistance and guidance to railroad carriers in conducting
vulnerability assessments under this section and shall require
that each vulnerability assessment of a railroad carrier assigned
to a high-risk tier under this section, include, as applicable—
(A) identification and evaluation of critical railroad
carrier assets and infrastructure, including platforms, stations, intermodal terminals, tunnels, bridges, switching and
storage areas, and information systems as appropriate;
(B) identification of the vulnerabilities to those assets
and infrastructure;
(C) identification of strengths and weaknesses in—
(i) physical security;
(ii) passenger and cargo security, including the
security of security-sensitive materials being transported by railroad or stored on railroad property;
(iii) programmable electronic devices, computers,
or other automated systems which are used in providing the transportation;
(iv) alarms, cameras, and other protection systems;

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(v) communications systems and utilities needed
for railroad security purposes, including dispatching
and notification systems;
(vi) emergency response planning;
(vii) employee training; and
(viii) such other matters as the Secretary determines appropriate; and
(D) identification of redundant and backup systems
required to ensure the continued operation of critical elements of a railroad carrier’s system in the event of an
attack or other incident, including disruption of commercial
electric power or communications network.
(2) THREAT INFORMATION.—The Secretary shall provide in
a timely manner to the appropriate employees of a railroad
carrier, as designated by the railroad carrier, threat information
that is relevant to the carrier when preparing and submitting
a vulnerability assessment and security plan, including an
assessment of the most likely methods that could be used
by terrorists to exploit weaknesses in railroad security.
(e) SECURITY PLANS.—
(1) REQUIREMENTS.—The Secretary shall provide technical
assistance and guidance to railroad carriers in preparing and
implementing security plans under this section, and shall
require that each security plan of a railroad carrier assigned
to a high-risk tier under this section include, as applicable—
(A) identification of a security coordinator having
authority—
(i) to implement security actions under the plan;
(ii) to coordinate security improvements; and
(iii) to receive immediate communications from
appropriate Federal officials regarding railroad security;
(B) a list of needed capital and operational improvements;
(C) procedures to be implemented or used by the railroad carrier in response to a terrorist attack, including
evacuation and passenger communication plans that
include individuals with disabilities as appropriate;
(D) identification of steps taken with State and local
law enforcement agencies, emergency responders, and Federal officials to coordinate security measures and plans
for response to a terrorist attack;
(E) a strategy and timeline for conducting training
under section 1517;
(F) enhanced security measures to be taken by the
railroad carrier when the Secretary declares a period of
heightened security risk;
(G) plans for providing redundant and backup systems
required to ensure the continued operation of critical elements of the railroad carrier’s system in the event of a
terrorist attack or other incident;
(H) a strategy for implementing enhanced security for
shipments of security-sensitive materials, including plans
for quickly locating and securing such shipments in the
event of a terrorist attack or security incident; and

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(I) such other actions or procedures as the Secretary
determines are appropriate to address the security of railroad carriers.
(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary
shall require that the individual serving as the security coordinator identified in paragraph (1)(A) is a citizen of the United
States. The Secretary may waive this requirement with respect
to an individual if the Secretary determines that it is appropriate to do so based on a background check of the individual
and a review of the consolidated terrorist watchlist.
(3) CONSISTENCY WITH OTHER PLANS.—The Secretary shall
ensure that the security plans developed by railroad carriers
under this section are consistent with the risk assessment
and National Strategy for Railroad Transportation Security
developed under section 1511.
(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months
after receiving the assessments and plans required under this section, the Secretary shall—
(1) review each vulnerability assessment and security plan
submitted to the Secretary in accordance with subsection (c);
(2) require amendments to any security plan that does
not meet the requirements of this section; and
(3) approve any vulnerability assessment or security plan
that meets the requirements of this section.
(g) INTERIM SECURITY MEASURES.—The Secretary may require
railroad carriers, during the period before the deadline established
under subsection (c), to submit a security plan under subsection
(e) to implement any necessary interim security measures essential
to providing adequate security of the railroad carrier’s system.
An interim plan required under this subsection will be superseded
by a plan required under subsection (e).
(h) TIER ASSIGNMENT.—Utilizing the risk assessment and
National Strategy for Railroad Transportation Security required
under section 1511, the Secretary shall assign each railroad carrier
to a risk-based tier established by the Secretary:
(1) PROVISION OF INFORMATION.—The Secretary may
request, and a railroad carrier shall provide, information necessary for the Secretary to assign a railroad carrier to the
appropriate tier under this subsection.
(2) NOTIFICATION.—Not later than 60 days after the date
a railroad carrier is assigned to a tier under this subsection,
the Secretary shall notify the railroad carrier of the tier to
which it is assigned and the reasons for such assignment.
(3) HIGH-RISK TIERS.—At least one of the tiers established
by the Secretary under this subsection shall be designated
a tier for high-risk railroad carriers.
(4) REASSIGNMENT.—The Secretary may reassign a railroad
carrier to another tier, as appropriate, in response to changes
in risk. The Secretary shall notify the railroad carrier not
later than 60 days after such reassignment and provide the
railroad carrier with the reasons for such reassignment.
(i) NONDISCLOSURE OF INFORMATION.—
(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing
in this section shall be construed as authorizing the withholding
of any information from Congress.
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section shall be construed as affecting

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Notification.
Deadline.

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any authority or obligation of a Federal agency to disclose
any record or information that the Federal agency obtains
from a railroad carrier under any other Federal law.
(j) EXISTING PROCEDURES, PROTOCOLS AND STANDARDS.—
(1) DETERMINATION.—In response to a petition by a railroad
carrier or at the discretion of the Secretary, the Secretary
may determine that existing procedures, protocols, and standards meet all or part of the requirements of this section,
including regulations issued under subsection (a), regarding
vulnerability assessments and security plans.
(2) ELECTION.—Upon review and written determination by
the Secretary that existing procedures, protocols, or standards
of a railroad carrier satisfy the requirements of this section,
the railroad carrier may elect to comply with those procedures,
protocols, or standards instead of the requirements of this
section.
(3) PARTIAL APPROVAL.—If the Secretary determines that
the existing procedures, protocols, or standards of a railroad
carrier satisfy only part of the requirements of this section,
the Secretary may accept such submission, but shall require
submission by the railroad carrier of any additional information
relevant to the vulnerability assessment and security plan of
the railroad carrier to ensure that the remaining requirements
of this section are fulfilled.
(4) NOTIFICATION.—If the Secretary determines that particular existing procedures, protocols, or standards of a railroad
carrier under this subsection do not satisfy the requirements
of this section, the Secretary shall provide to the railroad carrier
a written notification that includes an explanation of the determination.
(5) REVIEW.—Nothing in this subsection shall relieve the
Secretary of the obligation—
(A) to review the vulnerability assessment and security
plan submitted by a railroad carrier under this section;
and
(B) to approve or disapprove each submission on an
individual basis.
(k) PERIODIC EVALUATION BY RAILROAD CARRIERS REQUIRED.—
(1) SUBMISSION OF EVALUATION.—Not later than 3 years
after the date on which a vulnerability assessment or security
plan required to be submitted to the Secretary under subsection
(c) is approved, and at least once every 5 years thereafter
(or on such a schedule as the Secretary may establish by
regulation), a railroad carrier who submitted a vulnerability
assessment and security plan and who is still assigned to
the high-risk tier must also submit to the Secretary an evaluation of the adequacy of the vulnerability assessment and security plan that includes a description of any material changes
made to the vulnerability assessment or security plan.
(2) REVIEW OF EVALUATION.—Not later than 180 days after
the date on which an evaluation is submitted, the Secretary
shall review the evaluation and notify the railroad carrier
submitting the evaluation of the Secretary’s approval or disapproval of the evaluation.
(l) SHARED FACILITIES.—The Secretary may permit under this
section the development and implementation of coordinated vulnerability assessments and security plans to the extent that a railroad

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carrier shares facilities with, or is colocated with, other transportation entities or providers that are required to develop vulnerability
assessments and security plans under Federal law.
(m) CONSULTATION.—In carrying out this section, the Secretary
shall consult with railroad carriers, nonprofit employee labor
organizations representation railroad employees, and public safety
and law enforcement officials.
SEC. 1513. RAILROAD SECURITY ASSISTANCE.

6 USC 1163.

(a) SECURITY IMPROVEMENT GRANTS.—(1) The Secretary, in consultation with the Administrator of the Transportation Security
Administration and other appropriate agencies or officials, is
authorized 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 described in subsection (b) as approved by the Secretary.
(2) A railroad carrier is eligible for a grant under this section
if the carrier has completed a vulnerability assessment and developed a security plan that the Secretary has approved in accordance
with section 1512.
(3) A recipient of a grant under this section may use grant
funds only for permissible uses under subsection (b) to further
a railroad security plan that meets the requirements of paragraph
(2).
(4) Notwithstanding the requirement for eligibility and uses
of funds in paragraphs (2) and (3), a railroad carrier is eligible
for a grant under this section if the applicant uses the funds
solely for the development of assessments or security plans under
section 1512.
(5) Notwithstanding the requirements for eligibility and uses
of funds in paragraphs (2) and (3), prior to the earlier of 1 year
after the date of issuance of final regulations requiring vulnerability
assessments and security plans under section 1512 or 3 years
after the date of enactment of this Act, the Secretary may award
grants under this section for rail security improvements listed under
subsection (b) based upon railroad carrier vulnerability assessments
and security plans that the Secretary determines are sufficient
for the purposes of this section but have not been approved by
the Secretary in accordance with section 1512.
(b) USES OF FUNDS.—A recipient of a grant under this section
shall use the grant funds for one or more of the following:
(1) Security and redundancy for critical communications,
computer, and train control systems essential for secure railroad operations.
(2) Accommodation of railroad cargo or passenger security
inspection facilities, related infrastructure, and operations at
or near United States international borders or other ports
of entry.
(3) The security of security-sensitive materials transportation by railroad.
(4) Chemical, biological, radiological, or explosive detection,
including canine patrols for such detection.

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(5) The security of intercity passenger railroad stations,
trains, and infrastructure, including security capital improvement projects that the Secretary determines enhance railroad
station security.
(6) Technologies to reduce the vulnerabilities of railroad
cars, including structural modification of railroad cars transporting security-sensitive materials to improve their resistance
to acts of terrorism.
(7) The sharing of intelligence and information about security threats.
(8) To obtain train tracking and communications equipment, including equipment that is interoperable with Federal,
State, and local agencies and tribal governments.
(9) To hire, train, and employ police and security officers,
including canine units, assigned to full-time security or
counterterrorism duties related to railroad transportation.
(10) Overtime reimbursement, including reimbursement of
State, local, and tribal governments for costs, for enhanced
security personnel assigned to duties related to railroad security
during periods of high or severe threat levels and National
Special Security Events or other periods of heightened security
as determined by the Secretary.
(11) Perimeter protection systems, including access control,
installation of improved lighting, fencing, and barricades at
railroad facilities.
(12) Tunnel protection systems.
(13) Passenger evacuation and evacuation-related capital
improvements.
(14) Railroad security inspection technologies, including
verified visual inspection technologies using hand-held readers.
(15) Surveillance equipment.
(16) Cargo or passenger screening equipment.
(17) Emergency response equipment, including fire suppression and decontamination equipment, personal protective equipment, and defibrillators.
(18) Operating and capital costs associated with security
awareness, preparedness, and response training, including
training under section 1517, and training developed by universities, institutions of higher education, and nonprofit employee
labor organizations, for railroad employees, including frontline
employees.
(19) Live or simulated exercises, including exercises
described in section 1516.
(20) Public awareness campaigns for enhanced railroad
security.
(21) Development of assessments or security plans under
section 1512.
(22) Other security improvements—
(A) identified, required, or recommended under sections
1511 and 1512, including infrastructure, facilities, and
equipment upgrades; or
(B) that the Secretary considers appropriate.
(c) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—
In carrying out the responsibilities under subsection (a), the Secretary shall—
(1) determine the requirements for recipients of grants;
(2) establish priorities for uses of funds for grant recipients;

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(3) award the funds authorized by this section based on
risk, as identified by the plans required under sections 1511
and 1512, or assessment or plan described in subsection (a)(5);
(4) take into account whether stations or facilities are
used by commuter railroad passengers as well as intercity
railroad passengers in reviewing grant applications;
(5) encourage non-Federal financial participation in projects
funded by grants; and
(6) not later than 5 business days after awarding a grant
to Amtrak under this section, transfer grant funds to the Secretary of Transportation to be disbursed to Amtrak.
(d) MULTIYEAR AWARDS.—Grant funds awarded under this section may be awarded for projects that span multiple years.
(e) LIMITATION ON USES OF FUNDS.—A grant made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(f) ANNUAL REPORTS.—Each recipient of a grant under this
section shall report annually to the Secretary on the use of grant
funds.
(g) NON-FEDERAL MATCH STUDY.—Not later than 240 days
after the date of enactment of this Act, the Secretary shall provide
a report to the appropriate congressional committees on the feasibility and appropriateness of requiring a non-Federal match for
grants awarded to freight railroad carriers and other private entities
under this section.
(h) SUBJECT TO CERTAIN STANDARDS.—A recipient of a grant
under this section and sections 1514 and 1515 shall be required
to comply with the standards of section 24312 of title 49, United
States Code, as in effect on January 1, 2007, with respect to
the project in the same manner as Amtrak is required to comply
with such standards for construction work financed under an agreement made under section 24308(a) of that title.
(i) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Out of funds appropriated pursuant to
section 114(w) of title 49, United States Code, as amended
by section 1503 of this title, there shall be made available
to the Secretary to carry out this section—
(A) $300,000,000 for fiscal year 2008;
(B) $300,000,000 for fiscal year 2009;
(C) $300,000,000 for fiscal year 2010; and
(D) $300,000,000 for fiscal year 2011.
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry
out this section shall remain available until expended.
SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

Deadline.

Deadline.
Reports.

6 USC 1164.

(a) IN GENERAL.—
(1) GRANTS.—Subject to subsection (b), the Secretary, in
consultation with the Administrator of the Transportation Security Administration, is authorized to make grants to Amtrak
in accordance with the provisions of this section.
(2) GENERAL PURPOSES.—The Secretary may make such
grants for the purposes of—
(A) protecting underwater and underground assets and
systems;
(B) protecting high-risk and high-consequence assets
identified through systemwide risk assessments;
(C) providing counterterrorism or security training;

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State listing.
District of
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(D) providing both visible and unpredictable deterrence; and
(E) conducting emergency preparedness drills and exercises.
(3) SPECIFIC PROJECTS.—The Secretary shall make such
grants—
(A) to secure major tunnel access points and ensure
tunnel integrity in New York, New Jersey, Maryland, and
Washington, DC;
(B) to secure Amtrak trains;
(C) to secure Amtrak stations;
(D) to obtain a watchlist identification system approved
by the Secretary;
(E) to obtain train tracking and interoperable communications systems that are coordinated with Federal, State,
and local agencies and tribal governments to the maximum
extent possible;
(F) to hire, train, and employ police and security officers, including canine units, assigned to full-time security
or counterterrorism duties related to railroad transportation;
(G) for operating and capital costs associated with security awareness, preparedness, and response training,
including training under section 1517, and training developed by universities, institutions of higher education, and
nonprofit employee labor organizations, for railroad
employees, including frontline employees; and
(H) for live or simulated exercises, including exercises
described in section 1516.
(b) CONDITIONS.—The Secretary shall award grants to Amtrak
under this section for projects contained in a systemwide security
plan approved by the Secretary developed pursuant to section 1512.
Not later than 5 business days after awarding a grant to Amtrak
under this section, the Secretary shall transfer the grant funds
to the Secretary of Transportation to be disbursed to Amtrak.
(c) EQUITABLE GEOGRAPHIC ALLOCATION.—The Secretary shall
ensure that, subject to meeting the highest security needs on
Amtrak’s entire system and consistent with the risk assessment
required under section 1511 and Amtrak’s vulnerability assessment
and security plan developed under section 1512, stations and facilities located outside of the Northeast Corridor receive an equitable
share of the security funds authorized by this section.
(d) AVAILABILITY OF FUNDS.—
(1) IN GENERAL.—Out of funds appropriated pursuant to
section 114(w) of title 49, United States Code, as amended
by section 1503 of this title, there shall be made available
to the Secretary and the Administrator of the Transportation
Security Administration to carry out this section—
(A) $150,000,000 for fiscal year 2008;
(B) $150,000,000 for fiscal year 2009;
(C) $175,000,000 for fiscal year 2010; and
(D) $175,000,000 for fiscal year 2011.
(2) AVAILABILITY OF APPROPRIATED FUNDS.—Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.

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121 STAT. 437

SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS.

6 USC 1165.

(a) LIFE-SAFETY NEEDS.—There are authorized to be appropriated to the Secretary of Transportation for making grants to
Amtrak for the purpose of carrying out projects to make fire and
life safety improvements to Amtrak tunnels on the Northeast Corridor the following amounts:
(1) For the 6 New York and New Jersey tunnels to provide
ventilation, electrical, and fire safety technology improvements,
emergency communication and lighting systems, and emergency
access and egress for passengers—
(A) $25,000,000 for fiscal year 2008;
(B) $30,000,000 for fiscal year 2009;
(C) $45,000,000 for fiscal year 2010; and
(D) $60,000,000 for fiscal year 2011.
(2) For the Baltimore Potomac Tunnel and the Union
Tunnel, together, to provide adequate drainage and ventilation,
communication, lighting, standpipe, and passenger egress
improvements—
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(3) For the Union Station tunnels in the District of
Columbia to improve ventilation, communication, lighting, and
passenger egress improvements—
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(b) INFRASTRUCTURE UPGRADES.—Out of funds appropriated
pursuant to section 1503(b), there shall be made available to the
Secretary of Transportation for fiscal year 2008, $3,000,000 for
the preliminary design of options for a new tunnel on a different
alignment to augment the capacity of the existing Baltimore tunnels.
(c) AVAILABILITY OF AMOUNTS.—Amounts appropriated pursuant to this section shall remain available until expended.
(d) PLANS REQUIRED.—The Secretary of Transportation may
not make amounts available to Amtrak for obligation or expenditure
under subsection (a)—
(1) until Amtrak has submitted to the Secretary of
Transportation, and the Secretary of Transportation has
approved, an engineering and financial plan for such projects;
and
(2) unless, for each project funded pursuant to this section,
the Secretary of Transportation has approved a project management plan prepared by Amtrak.
(e) REVIEW OF PLANS.—
(1) IN GENERAL.—The Secretary of Transportation shall
complete the review of a plan required under subsection (d)
and approve or disapprove the plan within 45 days after the
date on which each such plan is submitted by Amtrak.
(2) INCOMPLETE OR DEFICIENT PLAN.—If the Secretary of
Transportation determines that a plan is incomplete or deficient, the Secretary of Transportation shall notify Amtrak of
the incomplete items or deficiencies and Amtrak shall, within
30 days after receiving the Secretary of Transportation’s

Appropriation
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State listing.
District of
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notification, submit a modified plan for the Secretary of
Transportation’s review.
(3) APPROVAL OF PLAN.—Within 15 days after receiving
additional information on items previously included in the plan,
and within 45 days after receiving items newly included in
a modified plan, the Secretary of Transportation shall either
approve the modified plan, or if the Secretary of Transportation
finds the plan is still incomplete or deficient, the Secretary
of Transportation shall—
(A) identify in writing to the appropriate congressional
committees the portions of the plan the Secretary finds
incomplete or deficient;
(B) approve all other portions of the plan;
(C) obligate the funds associated with those portions;
and
(D) execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions
of the plan.
(f) FINANCIAL CONTRIBUTION FROM OTHER TUNNEL USERS.—
The Secretary of Transportation, taking into account the need for
the timely completion of all portions of the tunnel projects described
in subsection (a), shall—
(1) consider the extent to which railroad carriers other
than Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial contribution from those other railroad carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other railroad carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
6 USC 1166.

SEC. 1516. RAILROAD CARRIER EXERCISES.

(a) IN GENERAL.—The Secretary shall establish a program for
conducting security exercises for railroad carriers for the purpose
of assessing and improving the capabilities of entities described
in subsection (b) to prevent, prepare for, mitigate, respond to,
and recover from acts of terrorism.
(b) COVERED ENTITIES.—Entities to be assessed under the program shall include—
(1) Federal, State, and local agencies and tribal governments;
(2) railroad carriers;
(3) governmental and nongovernmental emergency
response providers, law enforcement agencies, and railroad and
transit police, as appropriate; and
(4) any other organization or entity that the Secretary
determines appropriate.
(c) REQUIREMENTS.—The Secretary shall ensure that the
program—
(1) consolidates existing security exercises for railroad carriers administered by the Department and the Department
of Transportation, as jointly determined by the Secretary and
the Secretary of Transportation, unless the Secretary waives
this consolidation requirement as appropriate;
(2) consists of exercises that are—

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(A) scaled and tailored to the needs of the carrier,
including addressing the needs of the elderly and individuals with disabilities;
(B) live, in the case of the most at-risk facilities to
a terrorist attack;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current
risk
assessments,
including
credible
threats,
vulnerabilities, and consequences;
(E) inclusive, as appropriate, of railroad frontline
employees; and
(F) consistent with the National Incident Management
System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such
national initiatives;
(3) provides that exercises described in paragraph (2) will
be—
(A) evaluated by the Secretary against clear and consistent performance measures;
(B) assessed by the Secretary to identify best practices,
which shall be shared, as appropriate, with railroad carriers, nonprofit employee organizations that represent railroad carrier employees, Federal, State, local, and tribal
officials, governmental and nongovernmental emergency
response providers, law enforcement personnel, including
railroad carrier and transit police, and other stakeholders;
and
(C) used to develop recommendations, as appropriate,
from the Secretary to railroad carriers on remedial action
to be taken in response to lessons learned;
(4) allows for proper advanced notification of communities
and local governments in which exercises are held, as appropriate; and
(5) assists State, local, and tribal governments and railroad
carriers in designing, implementing, and evaluating additional
exercises that conform to the requirements of paragraph (1).
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure
that the exercise program developed under subsection (c) is a component of the National Exercise Program established under section
648 of the Post Katrina Emergency Management Reform Act (Public
Law 109–295; 6 U.S.C. 748).

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SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM.

6 USC 1167.

(a) IN GENERAL.—Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop and issue regulations for a training program to prepare railroad frontline employees
for potential security threats and conditions. The regulations shall
take into consideration any current security training requirements
or best practices.
(b) CONSULTATION.—The Secretary shall develop the regulations
under subsection (a) in consultation with—
(1) appropriate law enforcement, fire service, emergency
response, security, and terrorism experts;
(2) railroad carriers;
(3) railroad shippers; and

Deadline.
Regulations.

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(4) nonprofit employee labor organizations representing
railroad employees or emergency response personnel.
(c) PROGRAM ELEMENTS.—The regulations developed under subsection (a) shall require security training programs described in
subsection (a) to include, at a minimum, elements to address the
following, as applicable:
(1) Determination of the seriousness of any occurrence or
threat.
(2) Crew and passenger communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and railroad
employees, including individuals with disabilities and the
elderly.
(6) Psychology, behavior, and methods of terrorists,
including observation and analysis.
(7) Training related to psychological responses to terrorist
incidents, including the ability to cope with hijacker behavior
and passenger responses.
(8) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(9) Recognition and reporting of dangerous substances, suspicious packages, and situations.
(10) Understanding security incident procedures, including
procedures for communicating with governmental and nongovernmental emergency response providers and for on-scene
interaction with such emergency response providers.
(11) Operation and maintenance of security equipment and
systems.
(12) Other security training activities that the Secretary
considers appropriate.
(d) REQUIRED PROGRAMS.—
(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not
later than 90 days after the Secretary issues regulations under
subsection (a), each railroad carrier shall develop a security
training program in accordance with this section and submit
the program to the Secretary for approval.
(2) APPROVAL OR DISAPPROVAL.—Not later than 60 days
after receiving a security training program proposal under this
subsection, the Secretary shall approve the program or require
the railroad carrier that developed the program to make any
revisions to the program that the Secretary considers necessary
for the program to meet the requirements of this section. A
railroad carrier shall respond to the Secretary’s comments
within 30 days after receiving them.
(3) TRAINING.—Not later than 1 year after the Secretary
approves a security training program in accordance with this
subsection, the railroad carrier that developed the program
shall complete the training of all railroad frontline employees
who were hired by a carrier more than 30 days preceding
such date. For such employees employed less than 30 days
by a carrier preceding such date, training shall be completed
within the first 60 days of employment.
(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—
The Secretary shall periodically review and update as appropriate the training regulations issued under subsection (a) to
reflect new or changing security threats. Each railroad carrier

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shall revise its training program accordingly and provide additional training as necessary to its frontline employees within
a reasonable time after the regulations are updated.
(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure
that the training program developed under subsection (a) is a
component of the National Training Program established under
section 648 of the Post Katrina Emergency Management Reform
Act (Public Law 109–295; 6 U.S.C. 748).
(f) REPORTING REQUIREMENTS.—Not later than 2 years after
the date of regulation issuance, the Secretary shall review
implementation of the training program of a representative sample
of railroad carriers and railroad frontline employees, and report
to the appropriate congressional committees on the number of
reviews conducted and the results of such reviews. The Secretary
may submit the report in both classified and redacted formats
as necessary.
(g) OTHER EMPLOYEES.—The Secretary shall issue guidance
and best practices for a railroad shipper employee security program
containing the elements listed under subsection (c).
SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT.

Guidance.

6 USC 1168.

(a) ESTABLISHMENT OF RESEARCH AND DEVELOPMENT PROGRAM.—The Secretary, acting through the Under Secretary for
Science and Technology and the Administrator of the Transportation
Security Administration, shall carry out a research and development
program for the purpose of improving the security of railroad
transportation systems.
(b) ELIGIBLE PROJECTS.—The research and development program may include projects—
(1) to reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical, biological,
and radioactive substances, including the development of technology to screen passengers in large numbers at peak commuting times with minimal interference and disruption;
(2) to test new emergency response and recovery techniques
and technologies, including those used at international borders;
(3) to develop improved railroad security technologies,
including—
(A) technologies for sealing or modifying railroad tank
cars;
(B) automatic inspection of railroad cars;
(C) communication-based train control systems;
(D) emergency response training, including training
in a tunnel environment;
(E) security and redundancy for critical communications, electrical power, computer, and train control systems;
and
(F) technologies for securing bridges and tunnels;
(4) to test wayside detectors that can detect tampering;
(5) to support enhanced security for the transportation
of security-sensitive materials by railroad;
(6) to mitigate damages in the event of a cyber attack;
and
(7) to address other vulnerabilities and risks identified
by the Secretary.
(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The
Secretary—

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(1) shall ensure that the research and development program
is consistent with the National Strategy for Railroad Transportation Security developed under section 1511 and any other
transportation security research and development programs
required by this Act;
(2) shall, to the extent practicable, coordinate the research
and development activities of the Department with other
ongoing research and development security-related initiatives,
including research being conducted by—
(A) the Department of Transportation, including
University Transportation Centers and other institutes,
centers, and simulators funded by the Department of
Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies; and
(E) other Federal and private research laboratories,
research entities, and universities and institutions of
higher education, including Historically Black Colleges and
Universities, Hispanic Serving Institutions, or Indian Tribally Controlled Colleges and Universities;
(3) shall carry out any research and development project
authorized by this section through a reimbursable agreement
with an appropriate Federal agency, if the agency—
(A) is currently sponsoring a research and development
project in a similar area; or
(B) has a unique facility or capability that would be
useful in carrying out the project;
(4) may award grants, or enter into cooperative agreements,
contracts, other transactions, or reimbursable agreements to
the entities described in paragraph (2) and the eligible grant
recipients under section 1513; and
(5) shall make reasonable efforts to enter into memoranda
of understanding, contracts, grants, cooperative agreements,
or other transactions with railroad carriers willing to contribute
both physical space and other resources.
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.—
(1) CONSULTATION.—In carrying out research and development projects under this section, the Secretary shall consult
with the Chief Privacy Officer of the Department and the
Officer for Civil Rights and Civil Liberties of the Department
as appropriate and in accordance with section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142).
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002 (6
U.S.C. 142; 345), the Chief Privacy Officer shall conduct privacy
impact assessments and the Officer for Civil Rights and Civil
Liberties shall conduct reviews, as appropriate, for research
and development initiatives developed under this section that
the Secretary determines could have an impact on privacy,
civil rights, or civil liberties.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—Out of funds appropriated pursuant to
section 114(w) of title 49, United States Code, as amended
by section 1503, there shall be made available to the Secretary
to carry out this section—
(A) $33,000,000 for fiscal year 2008;

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(B) $33,000,000 for fiscal year 2009;
(C) $33,000,000 for fiscal year 2010; and
(D) $33,000,000 for fiscal year 2011.
(2) PERIOD OF AVAILABILITY.—Such sums shall remain
available until expended.
SEC. 1519. RAILROAD TANK CAR SECURITY TESTING.

6 USC 1169.

(a) RAILROAD TANK CAR VULNERABILITY ASSESSMENT.—
(1) ASSESSMENT.—The Secretary shall assess the likely
methods of a deliberate terrorist attack against a railroad tank
car used to transport toxic-inhalation-hazard materials, and
for each method assessed, the degree to which it 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.
(2) THREATS.—In carrying out paragraph (1), the Secretary
shall consider the most current threat information as to likely
methods of a successful terrorist attack on a railroad tank
car transporting toxic-inhalation-hazard materials, and may
consider the following:
(A) Explosive devices placed along the tracks or
attached to a railroad tank car.
(B) The use of missiles, grenades, rockets, mortars,
or other high-caliber weapons against a railroad tank car.
(3) PHYSICAL TESTING.—In developing the assessment
required under paragraph (1), the Secretary shall conduct physical testing of the vulnerability of railroad tank cars used
to transport toxic-inhalation-hazard materials to different
methods of a deliberate attack, using technical information
and criteria to evaluate the structural integrity of railroad
tank cars.
(4) REPORT.—Not later than 30 days after the completion
of the assessment under paragraph (1), the Secretary shall
provide to the appropriate congressional committees a report,
in the appropriate format, on such assessment.
(b) RAILROAD TANK CAR DISPERSION MODELING.—
(1) IN GENERAL.—The Secretary, acting through the
National Infrastructure Simulation and Analysis Center, shall
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.
(2) CONSIDERATIONS.—The analysis under this subsection
shall take into account the following considerations:
(A) The most likely means of attack and the resulting
dispersal rate.
(B) Different times of day, to account for differences
in cloud coverage and other atmospheric conditions in the
environment being modeled.
(C) Differences in population size and density.
(D) Historically accurate wind speeds, temperatures,
and wind directions.
(E) Differences in dispersal rates or other relevant
factors related to whether a railroad tank car is in motion
or stationary.
(F) Emergency response procedures by local officials.

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(G) Any other considerations the Secretary believes
would develop an accurate, plausible dispersion model for
toxic-inhalation-hazard materials released from a railroad
tank car as a result of a terrorist act.
(3) CONSULTATION.—In conducting the dispersion modeling
under paragraph (1), the Secretary shall consult with the Secretary of Transportation, hazardous materials experts, railroad
carriers, nonprofit employee labor organizations representing
railroad employees, appropriate State, local, and tribal officials,
and other Federal agencies, as appropriate.
(4) INFORMATION SHARING.—Upon completion of the analysis required under paragraph (1), the Secretary shall share
the information developed with the appropriate stakeholders,
given appropriate information protection provisions as may be
required by the Secretary.
(5) REPORT.—Not later than 30 days after completion of
all dispersion analyses under paragraph (1), the Secretary shall
submit to the appropriate congressional committees a report
detailing the Secretary’s conclusions and findings in an appropriate format.

Deadline.

SEC. 1520. RAILROAD THREAT ASSESSMENTS.

Not later than 1 year after the date of enactment of this
Act, the Secretary shall complete a name-based security background
check against the consolidated terrorist watchlist and an immigration status check for all railroad frontline employees, similar to
the threat assessment screening program required for facility
employees and longshoremen by the Commandant of the Coast
Guard under Coast Guard Notice USCG–2006–24189 (71 Fed. Reg.
25066 (April 8, 2006)).
SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS.

Section 20109 of title 49, United States Code, is amended
to read:
‘‘SEC. 20109. EMPLOYEE PROTECTIONS.

‘‘(a) IN GENERAL.—A railroad carrier engaged in interstate or
foreign commerce, a contractor or a subcontractor of such a railroad
carrier, or an officer or employee of such a railroad carrier, may
not discharge, demote, suspend, reprimand, or in any other way
discriminate against an employee if such discrimination is due,
in whole or in part, to the employee’s lawful, good faith act done,
or perceived by the employer to have been done or about to be
done—
‘‘(1) to provide information, directly cause information to
be provided, or otherwise directly assist in any investigation
regarding any conduct which the employee reasonably believes
constitutes a violation of any Federal law, rule, or regulation
relating to railroad safety or security, or gross fraud, waste,
or abuse of Federal grants or other public funds intended
to be used for railroad safety or security, if the information
or assistance is provided to or an investigation stemming from
the provided information is conducted by—
‘‘(A) a Federal, State, or local regulatory or law enforcement agency (including an office of the Inspector General
under the Inspector General Act of 1978 (5 U.S.C. App.;
Public Law 95–452);

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‘‘(B) any Member of Congress, any committee of Congress, or the Government Accountability Office; or
‘‘(C) a person with supervisory authority over the
employee or such other person who has the authority to
investigate, discover, or terminate the misconduct;
‘‘(2) to refuse to violate or assist in the violation of any
Federal law, rule, or regulation relating to railroad safety or
security;
‘‘(3) to file a complaint, or directly cause to be brought
a proceeding related to the enforcement of this part or, as
applicable to railroad safety or security, chapter 51 or 57 of
this title, or to testify in that proceeding;
‘‘(4) to notify, or attempt to notify, the railroad carrier
or the Secretary of Transportation of a work-related personal
injury or work-related illness of an employee;
‘‘(5) to cooperate with a safety or security investigation
by the Secretary of Transportation, the Secretary of Homeland
Security, or the National Transportation Safety Board;
‘‘(6) to furnish information to the Secretary of Transportation, the Secretary of Homeland Security, the National
Transportation Safety Board, or any Federal, State, or local
regulatory or law enforcement agency as to the facts relating
to any accident or incident resulting in injury or death to
an individual or damage to property occurring in connection
with railroad transportation; or
‘‘(7) to accurately report hours on duty pursuant to chapter
211.
‘‘(b) HAZARDOUS SAFETY OR SECURITY CONDITIONS.—(1) A railroad carrier engaged in interstate or foreign commerce, or an officer
or employee of such a railroad carrier, shall not discharge, demote,
suspend, reprimand, or in any other way discriminate against an
employee for—
‘‘(A) reporting, in good faith, a hazardous safety or security
condition;
‘‘(B) refusing to work when confronted by a hazardous
safety or security condition related to the performance of the
employee’s duties, if the conditions described in paragraph (2)
exist; or
‘‘(C) refusing to authorize the use of any safety-related
equipment, track, or structures, if the employee is responsible
for the inspection or repair of the equipment, track, or structures, when the employee believes that the equipment, track,
or structures are in a hazardous safety or security condition,
if the conditions described in paragraph (2) exist.
‘‘(2) A refusal is protected under paragraph (1)(B) and (C)
if—
‘‘(A) the refusal is made in good faith and no reasonable
alternative to the refusal is available to the employee;
‘‘(B) a reasonable individual in the circumstances then
confronting the employee would conclude that—
‘‘(i) the hazardous condition presents an imminent
danger of death or serious injury; and
‘‘(ii) the urgency of the situation does not allow sufficient time to eliminate the danger without such refusal;
and
‘‘(C) the employee, where possible, has notified the railroad
carrier of the existence of the hazardous condition and the

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Applicability.

Deadline.

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intention not to perform further work, or not to authorize
the use of the hazardous equipment, track, or structures, unless
the condition is corrected immediately or the equipment, track,
or structures are repaired properly or replaced.
‘‘(3) In this subsection, only paragraph (1)(A) shall apply to
security personnel employed by a railroad carrier to protect individuals and property transported by railroad.
‘‘(c) ENFORCEMENT ACTION.—
‘‘(1) IN GENERAL.—An employee who alleges discharge, discipline, or other discrimination in violation of subsection (a)
or (b) of this section, may seek relief in accordance with the
provisions of this section, with any petition or other request
for relief under this section to be initiated by filing a complaint
with the Secretary of Labor.
‘‘(2) PROCEDURE.—
‘‘(A) IN GENERAL.—Any action under paragraph (1)
shall be governed under the rules and procedures set forth
in section 42121(b), including:
‘‘(i) BURDENS OF PROOF.—Any action brought under
(c)(1) shall be governed by the legal burdens of proof
set forth in section 42121(b).
‘‘(ii) STATUTE OF LIMITATIONS.—An action under
paragraph (1) shall be commenced not later than 180
days after the date on which the alleged violation
of subsection (a) or (b) of this section occurs.
‘‘(iii) CIVIL ACTIONS TO ENFORCE.—If a person fails
to comply with an order issued by the Secretary of
Labor pursuant to the procedures in section 42121(b),
the Secretary of Labor may bring a civil action to
enforce the order in the district court of the United
States for the judicial district in which the violation
occurred, as set forth in 42121.
‘‘(B) EXCEPTION.—Notification made under section
42121(b)(1) shall be made to the person named in the
complaint and the person’s employer.
‘‘(3) DE NOVO REVIEW.—With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a final
decision within 210 days after the filing of the complaint and
if the delay is not due to the bad faith of the employee, the
employee may bring an original action at law or equity for
de novo review in the appropriate district court of the United
States, which shall have jurisdiction over such an action without regard to the amount in controversy, and which action
shall, at the request of either party to such action, be tried
by the court with a jury.
‘‘(4) APPEALS.—Any person adversely affected or aggrieved
by an order issued pursuant to the procedures in section
42121(b), may obtain review of the order in the United States
court of appeals for the circuit in which the violation, with
respect to which the order was issued, allegedly occurred or
the circuit in which the complainant resided on the date of
such violation. The petition for review must be filed not later
than 60 days after the date of the issuance of the final order
of the Secretary of Labor. The review shall conform to chapter
7 of title 5. The commencement of proceedings under this
paragraph shall not, unless ordered by the court, operate as
a stay of the order.

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‘‘(d) REMEDIES.—
‘‘(1) IN GENERAL.—An employee prevailing in any action
under subsection (c) shall be entitled to all relief necessary
to make the employee whole.
‘‘(2) DAMAGES.—Relief in an action under subsection (c)
(including an action described in subsection (c)(3)) shall
include—
‘‘(A) reinstatement with the same seniority status that
the employee would have had, but for the discrimination;
‘‘(B) any backpay, with interest; and
‘‘(C) compensatory damages, including compensation
for any special damages sustained as a result of the
discrimination, including litigation costs, expert witness
fees, and reasonable attorney fees.
‘‘(3) POSSIBLE RELIEF.—Relief in any action under subsection (c) may include punitive damages in an amount not
to exceed $250,000.
‘‘(e) ELECTION OF REMEDIES.—An employee may not seek protection under both this section and another provision of law for the
same allegedly unlawful act of the railroad carrier.
‘‘(f) NO PREEMPTION.—Nothing in this section preempts or
diminishes any other safeguards against discrimination, demotion,
discharge, suspension, threats, harassment, reprimand, retaliation,
or any other manner of discrimination provided by Federal or
State law.
‘‘(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in this
section may not be waived by any agreement, policy, form, or
condition of employment.
‘‘(h) DISCLOSURE OF IDENTITY.—
‘‘(1) Except as provided in paragraph (2) of this subsection,
or with the written consent of the employee, the Secretary
of Transportation or the Secretary of Homeland Security may
not disclose the name of an employee of a railroad carrier
who has provided information about an alleged violation of
this part or, as applicable to railroad safety or security, chapter
51 or 57 of this title, or a regulation prescribed or order issued
under any of those provisions.
‘‘(2) The Secretary of Transportation or the Secretary of
Homeland Security shall disclose to the Attorney General the
name of an employee described in paragraph (1) if the matter
is referred to the Attorney General for enforcement. The Secretary making such disclosures shall provide reasonable
advance notice to the affected employee if disclosure of that
person’s identity or identifying information is to occur.
‘‘(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE
DEPARTMENT OF HOMELAND SECURITY.—
‘‘(1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish through regulations, after an
opportunity for notice and comment, a process by which any
person may report to the Secretary of Homeland Security
regarding railroad security problems, deficiencies, or
vulnerabilities.
‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted
under paragraph (1) identifies the person making the report,

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Notification.

Regulations.
Notice.

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the Secretary of Homeland Security shall respond promptly
to such person and acknowledge receipt of the report.
‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall
take appropriate steps to address any problems or deficiencies
identified.’’.

6 USC 1170.

SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.

(a) DEFINITIONS.—In this section, the following definitions
apply:
(1) SECURITY BACKGROUND CHECK.—The term ‘‘security
background check’’ means reviewing, for the purpose of identifying individuals who may pose a threat to transportation security or national security, or of terrorism—
(A) relevant criminal history databases;
(B) in the case of an alien (as defined in the Immigration and Nationality Act (8 U.S.C. 1101(a)(3)), the relevant
databases to determine the status of the alien under the
immigration laws of the United States; and
(C) other relevant information or databases, as determined by the Secretary.
(2) COVERED INDIVIDUAL.—The term ‘‘covered individual’’
means an employee of a railroad carrier or a contractor or
subcontractor of a railroad carrier.
(b) GUIDANCE.—
(1) Any guidance, recommendations, suggested action
items, or any other widely disseminated voluntary action items
issued by the Secretary to a railroad carrier or a contractor
or subcontractor of a railroad carrier relating to performing
a security background check of a covered individual shall contain recommendations on the appropriate scope and application
of such a security background check, including the time period
covered, the types of disqualifying offenses, and a redress
process for adversely impacted covered individuals consistent
with subsections (c) and (d) of this section.
(2) Within 60 days after the date of enactment of this
Act, any guidance, recommendations, suggested action items,
or any other widely disseminated voluntary action item issued
by the Secretary prior to the date of enactment of this Act
to a railroad carrier or a contractor or subcontractor of a railroad carrier relating to performing a security background check
of a covered individual shall be updated in compliance with
paragraph (1).
(3) If a railroad carrier or a contractor or subcontractor
of a railroad carrier performs a security background check
on a covered individual to fulfill guidance issued by the Secretary under paragraph (1) or (2), the Secretary shall not consider such guidance fulfilled unless an adequate redress process
as described in subsection (d) is provided to covered individuals.
(c) REQUIREMENTS.—If the Secretary issues a rule, regulation,
or directive requiring a railroad carrier or contractor or subcontractor of a railroad carrier to perform a security background check
of a covered individual, then the Secretary shall prohibit the railroad carrier or contractor or subcontractor of a railroad carrier
from making an adverse employment decision, including removal

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121 STAT. 449

or suspension of the covered individual, due to such rule, regulation,
or directive with respect to a covered individual unless the railroad
carrier or contractor or subcontractor of a railroad carrier determines that the covered individual—
(1) has been convicted of, has been found not guilty by
reason of insanity, or is under want, warrant, or indictment
for a permanent disqualifying criminal offense listed in part
1572 of title 49, Code of Federal Regulations;
(2) was convicted of or found not guilty by reason of insanity
of an interim disqualifying criminal offense listed in part 1572
of title 49, Code of Federal Regulations, within 7 years of
the date that the railroad carrier or contractor or subcontractor
of a railroad carrier performs the security background check;
or
(3) was incarcerated for an interim disqualifying criminal
offense listed in part 1572 of title 49, Code of Federal Regulations, and released from incarceration within 5 years of the
date that the railroad carrier or contractor or subcontractor
of a railroad carrier performs the security background check.
(d) REDRESS PROCESS.—If the Secretary issues a rule, regulation, or directive requiring a railroad carrier or contractor or subcontractor of a railroad carrier to perform a security background check
of a covered individual, the Secretary shall—
(1) provide an adequate redress process for a covered individual subjected to an adverse employment decision, including
removal or suspension of the employee, due to such rule, regulation, or directive that is consistent with the appeals and waiver
process established for applicants for commercial motor vehicle
hazardous materials endorsements and transportation
employees at ports, as required by section 70105(c) of title
46, United States Code; and
(2) have the authority to order an appropriate remedy,
including reinstatement of the covered individual, should the
Secretary determine that a railroad carrier or contractor or
subcontractor of a railroad carrier wrongfully made an adverse
employment decision regarding a covered individual pursuant
to such rule, regulation, or directive.
(e) FALSE STATEMENTS.—A railroad carrier or a contractor or
subcontractor of a railroad carrier may not knowingly misrepresent
to an employee or other relevant person, including an arbiter
involved in a labor arbitration, the scope, application, or meaning
of any rules, regulations, directives, or guidance issued by the
Secretary related to security background check requirements for
covered individuals when conducting a security background check.
Not later than 1 year after the date of enactment of this Act,
the Secretary shall issue a regulation that prohibits a railroad
carrier or a contractor or subcontractor of a railroad carrier from
knowingly misrepresenting to an employee or other relevant person,
including an arbiter involved in a labor arbitration, the scope,
application, or meaning of any rules, regulations, directives, or
guidance issued by the Secretary related to security background
check requirements for covered individuals when conducting a security background check.
(f) RIGHTS AND RESPONSIBILITIES.—Nothing in this section shall
be construed to abridge a railroad carrier’s or a contractor or
subcontractor of a railroad carrier’s rights or responsibilities to
make adverse employment decisions permitted by other Federal,

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Regulations.

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State, or local laws. Nothing in the section shall be construed
to abridge rights and responsibilities of covered individuals, a railroad carrier, or a contractor or subcontractor of a railroad carrier,
under any other Federal, State, or local laws or under any collective
bargaining agreement.
(g) NO PREEMPTION OF FEDERAL OR STATE LAW.—Nothing in
this section shall be construed to preempt a Federal, State, or
local law that requires criminal history background checks,
immigration status checks, or other background checks, of covered
individuals.
(h) STATUTORY CONSTRUCTION.—Nothing in this section shall
be construed to affect the process for review established under
section 70105(c) of title 46, United States Code, including regulations issued pursuant to such section.
SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Transportation Security Administration, the Secretary
of Transportation, heads of other appropriate Federal departments
and agencies and Amtrak shall transmit a report to the appropriate
congressional committees that contains—
(1) a description of the current system for screening passengers and baggage on passenger railroad service between
the United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ‘‘The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America’’, dated January
18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ‘‘Declaration of Principle
for the Improved Security of Rail Shipments by Canadian
National Railway and Canadian Pacific Railway from Canada
to the United States’’, dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to providing prescreened passenger lists for railroad passengers traveling between the United States and Canada to the Department;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law necessary
to provide for prescreening of such passengers and providing
prescreened passenger lists to the Department; and
(8) an analysis of the feasibility of reinstating in-transit
inspections onboard international Amtrak trains.
(b) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.—

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(1) CONSULTATION.—In preparing the report under this
section, the Secretary shall consult with the Chief Privacy
Officer of the Department and the Officer for Civil Rights
and Civil Liberties of the Department as appropriate and in
accordance with section 222 of the Homeland Security Act
of 2002.
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002,
the report must contain a privacy impact assessment conducted
by the Chief Privacy Officer and a review conducted by the
Officer for Civil Rights and Civil Liberties.
SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM.

6 USC 1171.

(a) IN GENERAL.—
(1) The Secretary shall 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.
(2) SYSTEM REQUIREMENTS.—In developing the system
under paragraph (1), the Secretary may, in consultation with
the Domestic Nuclear Detection Office, Customs and Border
Protection, and the Transportation Security Administration—
(A) deploy radiation detection equipment and nonintrusive imaging equipment at locations where railroad shipments cross an international border to enter the United
States;
(B) consider the integration of radiation detection technologies with other nonintrusive inspection technologies
where feasible;
(C) ensure appropriate training, operations, and
response protocols are established for Federal, State, and
local personnel;
(D) implement alternative procedures to check railroad
shipments at locations where the deployment of nonintrusive inspection imaging equipment is determined to not
be practicable;
(E) ensure, to the extent practicable, that such technologies deployed can detect terrorists or weapons,
including weapons of mass destruction; and
(F) take other actions, as appropriate, to develop the
system.
(b) ADDITIONAL INFORMATION.—The Secretary shall—
(1) identify and seek the submission of additional data
elements for improved high-risk targeting related to the movement of cargo through the international supply chain utilizing
a railroad prior to importation into the United States;
(2) utilize data collected and maintained by the Secretary
of Transportation in the targeting of high-risk cargo identified
under paragraph (1); and
(3) analyze the data provided in this subsection to identify
high-risk cargo for inspection.
(c) REPORT TO CONGRESS.—Not later than September 30, 2008,
the Secretary shall transmit to the appropriate congressional
committees a report that describes the progress of the system
being developed under subsection (a).
(d) DEFINITIONS.—In this section:

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(1) INTERNATIONAL SUPPLY CHAIN.—The term ‘‘international
supply chain’’ means the end-to-end process for shipping goods
to or from the United States, beginning at the point of origin
(including manufacturer, supplier, or vendor) through a point
of distribution to the destination.
(2) RADIATION DETECTION EQUIPMENT.—The term ‘‘radiation
detection equipment’’ means any technology that is capable
of detecting or identifying nuclear and radiological material
or nuclear and radiological explosive devices.
(3) INSPECTION.—The term ‘‘inspection’’ means the comprehensive process used by Customs and Border Protection
to assess goods entering the United States to appraise them
for duty purposes, to detect the presence of restricted or prohibited items, and to ensure compliance with all applicable laws.

SEC. 1525. TRANSMISSION LINE REPORT.

(a) STUDY.—The Comptroller General shall undertake an
assessment of the placement of high-voltage, direct-current, electric
transmission lines along active railroad and other transportation
rights-of-way. In conducting the assessment, the Comptroller General shall evaluate any economic, safety, and security risks and
benefits to inhabitants living adjacent to such rights-of-way and
to consumers of electric power transmitted by such transmission
lines.
(b) REPORT.—Not later than 6 months after the date of enactment of this Act, the Comptroller General shall transmit the results
of the assessment in subsection (a) to the appropriate congressional
committees.
SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.

Deadline.
6 USC 1172.

(a) RAILROAD POLICE OFFICERS.—Section 28101 of title 49,
United States Code, is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Under’’; and
(2) by adding at the end the following:
‘‘(b) ASSIGNMENT.—A railroad police officer employed by a railroad carrier and certified or commissioned as a police officer under
the laws of a State may be temporarily assigned to assist a second
railroad carrier in carrying out law enforcement duties upon the
request of the second railroad carrier, at which time the police
officer shall be considered to be an employee of the second railroad
carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the
same extent as provided in subsection (a).’’.
(b) MODEL STATE LEGISLATION.—Not later than November 2,
2007, the Secretary of Transportation shall develop and make available to States model legislation to address the problem of entities
that claim to be railroad carriers in order to establish and run
a police force when the entities do not in fact provide railroad
transportation. In developing the model State legislation the Secretary shall solicit the input of the States, railroads carriers, and
railroad carrier employees. The Secretary shall review and, if necessary, revise such model State legislation periodically.
SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK CONTRACTS.

Section 24301 of title 49, United States Code, is amended
by adding at the end the following:

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‘‘(o) APPLICABILITY OF DISTRICT OF COLUMBIA LAW.—Any lease
or contract entered into between Amtrak and the State of Maryland,
or any department or agency of the State of Maryland, after the
date of the enactment of this subsection shall be governed by
the laws of the District of Columbia.’’.
SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.

Section 20106 of title 49, United States Code, is amended
to read as follows:
‘‘§ 20106. Preemption
‘‘(a) NATIONAL UNIFORMITY OF REGULATION.—(1) Laws, regulations, and orders related to railroad safety and laws, regulations,
and orders related to railroad security shall be nationally uniform
to the extent practicable.
‘‘(2) A State may adopt or continue in force a law, regulation,
or order related to railroad safety or security until the Secretary
of Transportation (with respect to railroad safety matters), or the
Secretary of Homeland Security (with respect to railroad security
matters), prescribes a regulation or issues an order covering the
subject matter of the State requirement. A State may adopt or
continue in force an additional or more stringent law, regulation,
or order related to railroad safety or security when the law, regulation, or order—
‘‘(A) is necessary to eliminate or reduce an essentially local
safety or security hazard;
‘‘(B) is not incompatible with a law, regulation, or order
of the United States Government; and
‘‘(C) does not unreasonably burden interstate commerce.
‘‘(b) CLARIFICATION REGARDING STATE LAW CAUSES OF
ACTION.—(1) Nothing in this section shall be construed to preempt
an action under State law seeking damages for personal injury,
death, or property damage alleging that a party—
‘‘(A) has failed to comply with the Federal standard of
care established by a regulation or order issued by the Secretary
of Transportation (with respect to railroad safety matters),
or the Secretary of Homeland Security (with respect to railroad
security matters), covering the subject matter as provided in
subsection (a) of this section;
‘‘(B) has failed to comply with its own plan, rule, or
standard that it created pursuant to a regulation or order
issued by either of the Secretaries; or
‘‘(C) has failed to comply with a State law, regulation,
or order that is not incompatible with subsection (a)(2).
‘‘(2) This subsection shall apply to all pending State law causes
of action arising from events or activities occurring on or after
January 18, 2002.
‘‘(c) JURISDICTION.—Nothing in this section creates a Federal
cause of action on behalf of an injured party or confers Federal
question jurisdiction for such State law causes of action.’’.

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

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6 USC 1181.

SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS.

Deadline.
Regulations.

(a) IN GENERAL.—Not later than 18 months after the date
of enactment of this Act, the Secretary shall issue regulations
that—
(1) require each over-the-road bus operator assigned to
a high-risk tier under this section—
(A) to conduct a vulnerability assessment in accordance
with subsections (c) and (d); and
(B) to prepare, submit to the Secretary for approval,
and implement a security plan in accordance with subsection (e); and
(2) establish standards and guidelines for developing and
implementing the vulnerability assessments and security plans
for carriers assigned to high-risk tiers consistent with this
section.
(b) NON HIGH-RISK PROGRAMS.—The Secretary may establish
a security program for over-the-road bus operators not assigned
to a high-risk tier, including—
(1) guidance for such operators in conducting vulnerability
assessments and preparing and implementing security plans,
as determined appropriate by the Secretary; and
(2) a process to review and approve such assessments and
plans, as appropriate.
(c) DEADLINE FOR SUBMISSION.—Not later than 9 months after
the date of issuance of the regulations under subsection (a), the
vulnerability assessments and security plans required by such regulations for over-the-road bus operators assigned to a high-risk tier
shall be completed and submitted to the Secretary for review and
approval.
(d) VULNERABILITY ASSESSMENTS.—
(1) REQUIREMENTS.—The Secretary shall provide technical
assistance and guidance to over-the-road bus operators in conducting vulnerability assessments under this section and shall
require that each vulnerability assessment of an operator
assigned to a high-risk tier under this section includes, as
appropriate—
(A) identification and evaluation of critical assets and
infrastructure, including platforms, stations, terminals, and
information systems;
(B) identification of the vulnerabilities to those assets
and infrastructure; and
(C) identification of weaknesses in—
(i) physical security;
(ii) passenger and cargo security;
(iii) the security of programmable electronic
devices, computers, or other automated systems which
are used in providing over-the-road bus transportation;
(iv) alarms, cameras, and other protection systems;
(v) communications systems and utilities needed
for over-the-road bus security purposes, including dispatching systems;
(vi) emergency response planning;
(vii) employee training; and

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(viii) such other matters as the Secretary determines appropriate.
(2) THREAT INFORMATION.—The Secretary shall provide in
a timely manner to the appropriate employees of an overthe-road bus operator, as designated by the over-the-road bus
operator, threat information that is relevant to the operator
when preparing and submitting a vulnerability assessment and
security plan, including an assessment of the most likely
methods that could be used by terrorists to exploit weaknesses
in over-the-road bus security.
(e) SECURITY PLANS.—
(1) REQUIREMENTS.—The Secretary shall provide technical
assistance and guidance to over-the-road bus operators in preparing and implementing security plans under this section
and shall require that each security plan of an over-the-road
bus operator assigned to a high-risk tier under this section
includes, as appropriate—
(A) the identification of a security coordinator having
authority—
(i) to implement security actions under the plan;
(ii) to coordinate security improvements; and
(iii) to receive communications from appropriate
Federal officials regarding over-the-road bus security;
(B) a list of needed capital and operational improvements;
(C) procedures to be implemented or used by the overthe-road bus operator in response to a terrorist attack,
including evacuation and passenger communication plans
that include individuals with disabilities, as appropriate;
(D) the identification of steps taken with State and
local law enforcement agencies, emergency responders, and
Federal officials to coordinate security measures and plans
for response to a terrorist attack;
(E) a strategy and timeline for conducting training
under section 1534;
(F) enhanced security measures to be taken by the
over-the-road bus operator when the Secretary declares
a period of heightened security risk;
(G) plans for providing redundant and backup systems
required to ensure the continued operation of critical elements of the over-the-road bus operator’s system in the
event of a terrorist attack or other incident; and
(H) such other actions or procedures as the Secretary
determines are appropriate to address the security of overthe-road bus operators.
(2) SECURITY COORDINATOR REQUIREMENTS.—The Secretary
shall require that the individual serving as the security coordinator identified in paragraph (1)(A) is a citizen of the United
States. The Secretary may waive this requirement with respect
to an individual if the Secretary determines that it is appropriate to do so based on a background check of the individual
and a review of the consolidated terrorist watchlist.
(f) DEADLINE FOR REVIEW PROCESS.—Not later than 6 months
after receiving the assessments and plans required under this section, the Secretary shall—
(1) review each vulnerability assessment and security plan
submitted to the Secretary in accordance with subsection (c);

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(2) require amendments to any security plan that does
not meet the requirements of this section; and
(3) approve any vulnerability assessment or security plan
that meets the requirements of this section.
(g) INTERIM SECURITY MEASURES.—The Secretary may require
over-the-road bus operators, during the period before the deadline
established under subsection (c), to submit a security plan to implement any necessary interim security measures essential to providing
adequate security of the over-the-road bus operator’s system. An
interim plan required under this subsection shall be superseded
by a plan required under subsection (c).
(h) TIER ASSIGNMENT.—The Secretary shall assign each overthe-road bus operator to a risk-based tier established by the Secretary:
(1) PROVISION OF INFORMATION.—The Secretary may
request, and an over-the-road bus operator shall provide,
information necessary for the Secretary to assign an over-theroad bus operator to the appropriate tier under this subsection.
(2) NOTIFICATION.—Not later than 60 days after the date
an over-the-road bus operator is assigned to a tier under this
section, the Secretary shall notify the operator of the tier to
which it is assigned and the reasons for such assignment.
(3) HIGH-RISK TIERS.—At least one of the tiers established
by the Secretary under this section shall be a tier designated
for high-risk over-the-road bus operators.
(4) REASSIGNMENT.—The Secretary may reassign an overthe-road bus operator to another tier, as appropriate, in
response to changes in risk and the Secretary shall notify
the over-the-road bus operator within 60 days after such
reassignment and provide the operator with the reasons for
such reassignment.
(i) EXISTING PROCEDURES, PROTOCOLS, AND STANDARDS.—
(1) DETERMINATION.—In response to a petition by an overthe-road bus operator or at the discretion of the Secretary,
the Secretary may determine that existing procedures, protocols, and standards meet all or part of the requirements of
this section regarding vulnerability assessments and security
plans.
(2) ELECTION.—Upon review and written determination by
the Secretary that existing procedures, protocols, or standards
of an over-the-road bus operator satisfy the requirements of
this section, the over-the-road bus operator may elect to comply
with those procedures, protocols, or standards instead of the
requirements of this section.
(3) PARTIAL APPROVAL.—If the Secretary determines that
the existing procedures, protocols, or standards of an overthe-road bus operator satisfy only part of the requirements
of this section, the Secretary may accept such submission,
but shall require submission by the operator of any additional
information relevant to the vulnerability assessment and security plan of the operator to ensure that the remaining requirements of this section are fulfilled.
(4) NOTIFICATION.—If the Secretary determines that particular existing procedures, protocols, or standards of an overthe-road bus operator under this subsection do not satisfy the
requirements of this section, the Secretary shall provide to

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the operator a written notification that includes an explanation
of the reasons for nonacceptance.
(5) REVIEW.—Nothing in this subsection shall relieve the
Secretary of the obligation—
(A) to review the vulnerability assessment and security
plan submitted by an over-the-road bus operator under
this section; and
(B) to approve or disapprove each submission on an
individual basis.
(j) PERIODIC EVALUATION BY OVER-THE-ROAD BUS PROVIDER
REQUIRED.—
(1) SUBMISSION OF EVALUATION.—Not later than 3 years
after the date on which a vulnerability assessment or security
plan required to be submitted to the Secretary under subsection
(c) is approved, and at least once every 5 years thereafter
(or on such a schedule as the Secretary may establish by
regulation), an over-the-road bus operator who submitted a
vulnerability assessment and security plan and who is still
assigned to the high-risk tier shall also submit to the Secretary
an evaluation of the adequacy of the vulnerability assessment
and security plan that includes a description of any material
changes made to the vulnerability assessment or security plan.
(2) REVIEW OF EVALUATION.—Not later than 180 days after
the date on which an evaluation is submitted, the Secretary
shall review the evaluation and notify the over-the-road bus
operator submitting the evaluation of the Secretary’s approval
or disapproval of the evaluation.
(k) SHARED FACILITIES.—The Secretary may permit under this
section the development and implementation of coordinated vulnerability assessments and security plans to the extent that an overthe-road bus operator shares facilities with, or is colocated with,
other transportation entities or providers that are required to
develop vulnerability assessments and security plans under Federal
law.
(l) NONDISCLOSURE OF INFORMATION.—
(1) SUBMISSION OF INFORMATION TO CONGRESS.—Nothing
in this section shall be construed as authorizing the withholding
of any information from Congress.
(2) DISCLOSURE OF INDEPENDENTLY FURNISHED INFORMATION.—Nothing in this section shall be construed as affecting
any authority or obligation of a Federal agency to disclose
any record or information that the Federal agency obtains
from an over-the-road bus operator under any other Federal
law.
SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

Deadlines.

6 USC 1182.

(a) IN GENERAL.—The Secretary shall establish a program for
making grants to eligible private operators providing transportation
by an over-the-road bus for security improvements described in
subsection (b).
(b) USES OF FUNDS.—A recipient of a grant received under
subsection (a) shall use the grant funds for one or more of the
following:
(1) Constructing and modifying terminals, garages, and
facilities, including terminals and other over-the-road bus facilities owned by State or local governments, to increase their
security.

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(2) Modifying over-the-road buses to increase their security.
(3) Protecting or isolating the driver of an over-the-road
bus.

Grants.

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(4) Acquiring, upgrading, installing, or operating equipment, software, or accessorial services for collection, storage,
or exchange of passenger and driver information through
ticketing systems or other means and for information links
with government agencies, for security purposes.
(5) Installing cameras and video surveillance equipment
on over-the-road buses and at terminals, garages, and overthe-road bus facilities.
(6) Establishing and improving an emergency communications system linking drivers and over-the-road buses to the
recipient’s operations center or linking the operations center
to law enforcement and emergency personnel.
(7) Implementing and operating passenger screening programs for weapons and explosives.
(8) Public awareness campaigns for enhanced over-the-road
bus security.
(9) Operating and capital costs associated with over-theroad bus security awareness, preparedness, and response
training, including training under section 1534 and training
developed by institutions of higher education and by nonprofit
employee labor organizations, for over-the-road bus employees,
including frontline employees.
(10) Chemical, biological, radiological, or explosive detection, including canine patrols for such detection.
(11) Overtime reimbursement, including reimbursement of
State, local, and tribal governments for costs, for enhanced
security personnel assigned to duties related to over-the-road
bus security during periods of high or severe threat levels,
National Special Security Events, or other periods of heightened
security as determined by the Secretary.
(12) Live or simulated exercises, including those described
in section 1533.
(13) Operational costs to hire, train, and employ police
and security officers, including canine units, assigned to fulltime security or counterterrorism duties related to over-theroad bus transportation, including reimbursement of State,
local, and tribal government costs for such personnel.
(14) Development of assessments or security plans under
section 1531.
(15) Such other improvements as the Secretary considers
appropriate.
(c) DUE CONSIDERATION.—In making grants under this section,
the Secretary shall prioritize grant funding based on security risks
to bus passengers and the ability of a project to reduce, or enhance
response to, that risk, and shall not penalize private operators
of over-the-road buses that have taken measures to enhance overthe-road bus transportation security prior to September 11, 2001.
(d) DEPARTMENT OF HOMELAND SECURITY RESPONSIBILITIES.—
In carrying out the responsibilities under subsection (a), the Secretary shall—
(1) determine the requirements for recipients of grants
under this section, including application requirements;
(2) select grant recipients;

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(3) award the funds authorized by this section based on
risk, as identified by the plans required under section 1531
or assessment or plan described in subsection (f)(2); and
(4) pursuant to subsection (c), establish priorities for the
use of funds for grant recipients.
(e) DISTRIBUTION OF GRANTS.—Not later than 90 days after
the date of enactment of this Act, the Secretary and the Secretary
of Transportation shall determine the most effective and efficient
way to distribute grant funds to the recipients of grants determined
by the Secretary under subsection (a). Subject to the determination
made by the Secretaries, the Secretary may transfer funds to the
Secretary of Transportation for the purposes of disbursing funds
to the grant recipient.
(f) ELIGIBILITY.—
(1) A private operator providing transportation by an overthe-road bus is eligible for a grant under this section if the
operator has completed a vulnerability assessment and developed a security plan that the Secretary has approved under
section 1531. Grant funds may only be used for permissible
uses under subsection (b) to further an over-the-road bus security plan.
(2) Notwithstanding the requirements for eligibility and
uses in paragraph (1), prior to the earlier of 1 year after
the date of issuance of final regulations requiring vulnerability
assessments and security plans under section 1531 or 3 years
after the date of enactment of this Act, the Secretary may
award grants under this section for over-the-road bus security
improvements listed under subsection (b) based upon overthe-road bus vulnerability assessments and security plans that
the Secretary deems are sufficient for the purposes of this
section but have not been approved by the Secretary in accordance with section 1531.
(g) SUBJECT TO CERTAIN TERMS AND CONDITIONS.—Except as
otherwise specifically provided in this section, a grant made under
this section shall be subject to the terms and conditions applicable
to subrecipients who provide over-the-road bus transportation under
section 5311(f) of title 49, United States Code, and such other
terms and conditions as are determined necessary by the Secretary.
(h) LIMITATION ON USES OF FUNDS.—A grant made under this
section may not be used to make any State or local government
cost-sharing contribution under any other Federal law.
(i) ANNUAL REPORTS.—Each recipient of a grant under this
section shall report annually to the Secretary and on the use
of such grant funds.
(j) CONSULTATION.—In carrying out this section, the Secretary
shall consult with over-the-road bus operators and nonprofit
employee labor organizations representing over-the-road bus
employees, public safety and law enforcement officials.
(k) AUTHORIZATION.—
(1) IN GENERAL.—From the amounts appropriated pursuant
to section 114(w) of title 49, United States Code, as amended
by section 1503 of this Act, there shall be made available
to the Secretary to make grants under this section—
(A) $12,000,000 for fiscal year 2008;
(B) $25,000,000 for fiscal year 2009;
(C) $25,000,000 for fiscal year 2010; and
(D) $25,000,000 for fiscal year 2011.

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PUBLIC LAW 110–53—AUG. 3, 2007
(2) PERIOD OF AVAILABILITY.—Sums appropriated to carry
out this section shall remain available until expended.

6 USC 1183.

SEC. 1533. OVER-THE-ROAD BUS EXERCISES.

(a) IN GENERAL.—The Secretary shall establish a program for
conducting security exercises for over-the-road bus transportation
for the purpose of assessing and improving the capabilities of entities described in subsection (b) to prevent, prepare for, mitigate,
respond to, and recover from acts of terrorism.
(b) COVERED ENTITIES.—Entities to be assessed under the program shall include—
(1) Federal, State, and local agencies and tribal governments;
(2) over-the-road bus operators and over-the-road bus terminal owners and operators;
(3) governmental and nongovernmental emergency
response providers and law enforcement agencies; and
(4) any other organization or entity that the Secretary
determines appropriate.
(c) REQUIREMENTS.—The Secretary shall ensure that the
program—
(1) consolidates existing security exercises for over-the-road
bus operators and terminals administered by the Department
and the Department of Transportation, as jointly determined
by the Secretary and the Secretary of Transportation, unless
the Secretary waives this consolidation requirement, as appropriate;
(2) consists of exercises that are—
(A) scaled and tailored to the needs of the over-theroad bus operators and terminals, including addressing
the needs of the elderly and individuals with disabilities;
(B) live, in the case of the most at-risk facilities to
a terrorist attack;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current
risk
assessments,
including
credible
threats,
vulnerabilities, and consequences;
(E) inclusive, as appropriate, of over-the-road bus frontline employees; and
(F) consistent with the National Incident Management
System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidance, the National Preparedness Goal, and other such
national initiatives;
(3) provides that exercises described in paragraph (2) will
be—
(A) evaluated by the Secretary against clear and consistent performance measures;
(B) assessed by the Secretary to identify best practices,
which shall be shared, as appropriate, with operators providing over-the-road bus transportation, nonprofit employee
organizations that represent over-the-road bus employees,
Federal, State, local, and tribal officials, governmental and
nongovernmental emergency response providers, and law
enforcement personnel; and
(C) used to develop recommendations, as appropriate,
provided to over-the-road bus operators and terminal

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 461

owners and operators on remedial action to be taken in
response to lessons learned;
(4) allows for proper advanced notification of communities
and local governments in which exercises are held, as appropriate; and
(5) assists State, local, and tribal governments and overthe-road bus operators and terminal owners and operators in
designing, implementing, and evaluating additional exercises
that conform to the requirements of paragraph (2).
(d) NATIONAL EXERCISE PROGRAM.—The Secretary shall ensure
that the exercise program developed under subsection (c) is consistent with the National Exercise Program established under section 648 of the Post Katrina Emergency Management Reform Act
(Public Law 109–295; 6 U.S.C. 748).

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SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM.

6 USC 1184.

(a) IN GENERAL.—Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop and issue regulations for an over-the-road bus training program to prepare overthe-road bus frontline employees for potential security threats and
conditions. The regulations shall take into consideration any current
security training requirements or best practices.
(b) CONSULTATION.—The Secretary shall develop regulations
under subsection (a) in consultation with—
(1) appropriate law enforcement, fire service, emergency
response, security, and terrorism experts;
(2) operators providing over-the-road bus transportation;
and
(3) nonprofit employee labor organizations representing
over-the-road bus employees and emergency response personnel.
(c) PROGRAM ELEMENTS.—The regulations developed under subsection (a) shall require security training programs, to include,
at a minimum, elements to address the following, as applicable:
(1) Determination of the seriousness of any occurrence or
threat.
(2) Driver and passenger communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and over-the-road
bus employees, including individuals with disabilities and the
elderly.
(6) Psychology, behavior, and methods of terrorists,
including observation and analysis.
(7) Training related to psychological responses to terrorist
incidents, including the ability to cope with hijacker behavior
and passenger responses.
(8) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(9) Recognition and reporting of dangerous substances, suspicious packages, and situations.
(10) Understanding security incident procedures, including
procedures for communicating with emergency response providers and for on-scene interaction with such emergency
response providers.
(11) Operation and maintenance of security equipment and
systems.

Deadline.
Regulations.

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121 STAT. 462

Deadlines.

6 USC 1185.

PUBLIC LAW 110–53—AUG. 3, 2007

(12) Other security training activities that the Secretary
considers appropriate.
(d) REQUIRED PROGRAMS.—
(1) DEVELOPMENT AND SUBMISSION TO SECRETARY.—Not
later than 90 days after the Secretary issues the regulations
under subsection (a), each over-the-road bus operator shall
develop a security training program in accordance with such
regulations and submit the program to the Secretary for
approval.
(2) APPROVAL.—Not later than 60 days after receiving a
security training program under this subsection, the Secretary
shall approve the program or require the over-the-road bus
operator that developed the program to make any revisions
to the program that the Secretary considers necessary for the
program to meet the requirements of the regulations. An overthe-road bus operator shall respond to the Secretary’s comments
not later than 30 days after receiving them.
(3) TRAINING.—Not later than 1 year after the Secretary
approves a security training program in accordance with this
subsection, the over-the-road bus operator that developed the
program shall complete the training of all over-the-road bus
frontline employees who were hired by the operator more than
30 days preceding such date. For such employees employed
less than 30 days by an operator preceding such date, training
shall be completed within the first 60 days of employment.
(4) UPDATES OF REGULATIONS AND PROGRAM REVISIONS.—
The Secretary shall periodically review and update, as appropriate, the training regulations issued under subsection (a)
to reflect new or changing security threats. Each over-theroad bus operator shall revise its training program accordingly
and provide additional training as necessary to its employees
within a reasonable time after the regulations are updated.
(e) NATIONAL TRAINING PROGRAM.—The Secretary shall ensure
that the training program developed under subsection (a) is a
component of the National Training Program established under
section 648 of the Post Katrina Emergency Management Reform
Act (Public Law 109–295; 6 U.S.C. 748).
(f) REPORTING REQUIREMENTS.—Not later than 2 years after
the date of regulation issuance, the Secretary shall review
implementation of the training program of a representative sample
of over-the-road bus operators and over-the-road bus frontline
employees, and report to the appropriate congressional committees
of such reviews. The Secretary may submit the report in both
classified and redacted formats as necessary.
SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOPMENT.

(a) ESTABLISHMENT OF RESEARCH AND
GRAM.—The Secretary, acting through the

DEVELOPMENT PROUnder Secretary for
Science and Technology and the Administrator of the Transportation
Security Administration, shall carry out a research and development
program for the purpose of improving the security of over-theroad buses.
(b) ELIGIBLE PROJECTS.—The research and development program may include projects—
(1) to reduce the vulnerability of over-the-road buses, stations, terminals, and equipment to explosives and hazardous

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121 STAT. 463

chemical, biological, and radioactive substances, including the
development of technology to screen passengers in large numbers with minimal interference and disruption;
(2) to test new emergency response and recovery techniques
and technologies, including those used at international borders;
(3) to develop improved technologies, including those for—
(A) emergency response training, including training
in a tunnel environment, if appropriate; and
(B) security and redundancy for critical communications, electrical power, computer, and over-the-road bus
control systems; and
(4) to address other vulnerabilities and risks identified
by the Secretary.
(c) COORDINATION WITH OTHER RESEARCH INITIATIVES.—The
Secretary—
(1) shall ensure that the research and development program
is consistent with the other transportation security research
and development programs required by this Act;
(2) shall, to the extent practicable, coordinate the research
and development activities of the Department with other
ongoing research and development security-related initiatives,
including research being conducted by—
(A) the Department of Transportation, including
University Transportation Centers and other institutes,
centers, and simulators funded by the Department of
Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies; and
(E) other Federal and private research laboratories,
research entities, and institutions of higher education,
including Historically Black Colleges and Universities, Hispanic Serving Institutions, and Indian Tribally Controlled
Colleges and Universities;
(3) shall carry out any research and development project
authorized by this section through a reimbursable agreement
with an appropriate Federal agency, if the agency—
(A) is currently sponsoring a research and development
project in a similar area; or
(B) has a unique facility or capability that would be
useful in carrying out the project;
(4) may award grants and enter into cooperative agreements, contracts, other transactions, or reimbursable agreements to the entities described in paragraph (2) and eligible
recipients under section 1532; and
(5) shall make reasonable efforts to enter into memoranda
of understanding, contracts, grants, cooperative agreements,
or other transactions with private operators providing overthe-road bus transportation willing to contribute assets, physical space, and other resources.
(d) PRIVACY AND CIVIL RIGHTS AND CIVIL LIBERTIES ISSUES.—
(1) CONSULTATION.—In carrying out research and development projects under this section, the Secretary shall consult
with the Chief Privacy Officer of the Department and the
Officer for Civil Rights and Civil Liberties of the Department
as appropriate and in accordance with section 222 of the Homeland Security Act of 2002.

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121 STAT. 464

PUBLIC LAW 110–53—AUG. 3, 2007
(2) PRIVACY IMPACT ASSESSMENTS.—In accordance with sections 222 and 705 of the Homeland Security Act of 2002,
the Chief Privacy Officer shall conduct privacy impact assessments and the Officer for Civil Rights and Civil Liberties shall
conduct reviews, as appropriate, for research and development
initiatives developed under this section that the Secretary
determines could have an impact on privacy, civil rights, or
civil liberties.
(e) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—From the amounts appropriated pursuant
to section 114(w) of title 49, United States Code, as amended
by section 1503 of this Act, there shall be made available
to the Secretary to carry out this section—
(A) $2,000,000 for fiscal year 2008;
(B) $2,000,000 for fiscal year 2009;
(C) $2,000,000 for fiscal year 2010; and
(D) $2,000,000 for fiscal year 2011.
(2) PERIOD OF AVAILABILITY.—Such sums shall remain
available until expended.

SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.

Section 31105 of title 49, United States Code, is amended
to read:
‘‘(a) PROHIBITIONS.—(1) A person may not discharge an
employee, or discipline or discriminate against an employee
regarding pay, terms, or privileges of employment, because—
‘‘(A)(i) the employee, or another person at the employee’s
request, has filed a complaint or begun a proceeding related
to a violation of a commercial motor vehicle safety or security
regulation, standard, or order, or has testified or will testify
in such a proceeding; or
‘‘(ii) the person perceives that the employee has filed or
is about to file a complaint or has begun or is about to begin
a proceeding related to a violation of a commercial motor vehicle
safety or security regulation, standard, or order;
‘‘(B) the employee refuses to operate a vehicle because—
‘‘(i) the operation violates a regulation, standard, or
order of the United States related to commercial motor
vehicle safety, health, or security; or
‘‘(ii) the employee has a reasonable apprehension of
serious injury to the employee or the public because of
the vehicle’s hazardous safety or security condition;
‘‘(C) the employee accurately reports hours on duty pursuant to chapter 315;
‘‘(D) the employee cooperates, or the person perceives that
the employee is about to cooperate, with a safety or security
investigation by the Secretary of Transportation, the Secretary
of Homeland Security, or the National Transportation Safety
Board; or
‘‘(E) the employee furnishes, or the person perceives that
the employee is or is about to furnish, information to the
Secretary of Transportation, the Secretary of Homeland Security, the National Transportation Safety Board, or any Federal,
State, or local regulatory or law enforcement agency as to
the facts relating to any accident or incident resulting in injury
or death to an individual or damage to property occurring
in connection with commercial motor vehicle transportation.

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‘‘(2) Under paragraph (1)(B)(ii) of this subsection, an employee’s
apprehension of serious injury is reasonable only if a reasonable
individual in the circumstances then confronting the employee
would conclude that the hazardous safety or security condition
establishes a real danger of accident, injury, or serious impairment
to health. To qualify for protection, the employee must have sought
from the employer, and been unable to obtain, correction of the
hazardous safety or security condition.
‘‘(b) FILING COMPLAINTS AND PROCEDURES.—(1) An employee
alleging discharge, discipline, or discrimination in violation of subsection (a) of this section, or another person at the employee’s
request, may file a complaint with the Secretary of Labor not
later than 180 days after the alleged violation occurred. All complaints initiated under this section shall be governed by the legal
burdens of proof set forth in section 42121(b). On receiving the
complaint, the Secretary of Labor shall notify, in writing, the person
alleged to have committed the violation of the filing of the complaint.
‘‘(2)(A) Not later than 60 days after receiving a complaint,
the Secretary of Labor shall conduct an investigation, decide
whether it is reasonable to believe the complaint has merit, and
notify, in writing, the complainant and the person alleged to have
committed the violation of the findings. If the Secretary of Labor
decides it is reasonable to believe a violation occurred, the Secretary
of Labor shall include with the decision findings and a preliminary
order for the relief provided under paragraph (3) of this subsection.
‘‘(B) Not later than 30 days after the notice under subparagraph
(A) of this paragraph, the complainant and the person alleged
to have committed the violation may file objections to the findings
or preliminary order, or both, and request a hearing on the record.
The filing of objections does not stay a reinstatement ordered in
the preliminary order. If a hearing is not requested within the
30 days, the preliminary order is final and not subject to judicial
review.
‘‘(C) A hearing shall be conducted expeditiously. Not later than
120 days after the end of the hearing, the Secretary of Labor
shall issue a final order. Before the final order is issued, the
proceeding may be ended by a settlement agreement made by
the Secretary of Labor, the complainant, and the person alleged
to have committed the violation.
‘‘(3)(A) If the Secretary of Labor decides, on the basis of a
complaint, a person violated subsection (a) of this section, the
Secretary of Labor shall order the person to—
‘‘(i) take affirmative action to abate the violation;
‘‘(ii) reinstate the complainant to the former position
with the same pay and terms and privileges of employment;
and
‘‘(iii) pay compensatory damages, including backpay
with interest and compensation for any special damages
sustained as a result of the discrimination, including litigation costs, expert witness fees, and reasonable attorney
fees.
‘‘(B) If the Secretary of Labor issues an order under subparagraph (A) of this paragraph and the complainant requests, the
Secretary of Labor may assess against the person against whom
the order is issued the costs (including attorney fees) reasonably

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Notification.

Investigation.
Notification.

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Deadline.

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PUBLIC LAW 110–53—AUG. 3, 2007

incurred by the complainant in bringing the complaint. The Secretary of Labor shall determine the costs that reasonably were
incurred.
‘‘(C) Relief in any action under subsection (b) may include
punitive damages in an amount not to exceed $250,000.
‘‘(c) DE NOVO REVIEW.—With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a final
decision within 210 days after the filing of the complaint and
if the delay is not due to the bad faith of the employee, the
employee may bring an original action at law or equity for de
novo review in the appropriate district court of the United States,
which shall have jurisdiction over such an action without regard
to the amount in controversy, and which action shall, at the request
of either party to such action, be tried by the court with a jury.
‘‘(d) JUDICIAL REVIEW AND VENUE.—A person adversely affected
by an order issued after a hearing under subsection (b) of this
section may file a petition for review, not later than 60 days
after the order is issued, in the court of appeals of the United
States for the circuit in which the violation occurred or the person
resided on the date of the violation. Review shall conform to chapter
7 of title 5. The review shall be heard and decided expeditiously.
An order of the Secretary of Labor subject to review under this
subsection is not subject to judicial review in a criminal or other
civil proceeding.
‘‘(e) CIVIL ACTIONS TO ENFORCE.—If a person fails to comply
with an order issued under subsection (b) of this section, the Secretary of Labor shall bring a civil action to enforce the order
in the district court of the United States for the judicial district
in which the violation occurred.
‘‘(f) NO PREEMPTION.—Nothing in this section preempts or
diminishes any other safeguards against discrimination, demotion,
discharge, suspension, threats, harassment, reprimand, retaliation,
or any other manner of discrimination provided by Federal or
State law.
‘‘(g) RIGHTS RETAINED BY EMPLOYEE.—Nothing in this section
shall be deemed to diminish the rights, privileges, or remedies
of any employee under any Federal or State law or under any
collective bargaining agreement. The rights and remedies in this
section may not be waived by any agreement, policy, form, or
condition of employment.
‘‘(h) DISCLOSURE OF IDENTITY.—
‘‘(1) Except as provided in paragraph (2) of this subsection,
or with the written consent of the employee, the Secretary
of Transportation or the Secretary of Homeland Security may
not disclose the name of an employee who has provided information about an alleged violation of this part, or a regulation
prescribed or order issued under any of those provisions.
‘‘(2) The Secretary of Transportation or the Secretary of
Homeland Security shall disclose to the Attorney General the
name of an employee described in paragraph (1) of this subsection if the matter is referred to the Attorney General for
enforcement. The Secretary making such disclosure shall provide reasonable advance notice to the affected employee if
disclosure of that person’s identity or identifying information
is to occur.
‘‘(i) PROCESS FOR REPORTING SECURITY PROBLEMS TO THE
DEPARTMENT OF HOMELAND SECURITY.—

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121 STAT. 467

‘‘(1) ESTABLISHMENT OF PROCESS.—The Secretary of Homeland Security shall establish through regulations, after an
opportunity for notice and comment, a process by which any
person may report to the Secretary of Homeland Security
regarding motor carrier vehicle security problems, deficiencies,
or vulnerabilities.
‘‘(2) ACKNOWLEDGMENT OF RECEIPT.—If a report submitted
under paragraph (1) identifies the person making the report,
the Secretary of Homeland Security shall respond promptly
to such person and acknowledge receipt of the report.
‘‘(3) STEPS TO ADDRESS PROBLEM.—The Secretary of Homeland Security shall review and consider the information provided in any report submitted under paragraph (1) and shall
take appropriate steps to address any problems or deficiencies
identified.
‘‘(j) DEFINITION.—In this section, ‘employee’ means a driver
of a commercial motor vehicle (including an independent contractor
when personally operating a commercial motor vehicle), a mechanic,
a freight handler, or an individual not an employer, who—
‘‘(1) directly affects commercial motor vehicle safety or security in the course of employment by a commercial motor carrier;
and
‘‘(2) is not an employee of the United States Government,
a State, or a political subdivision of a State acting in the
course of employment.’’.

Regulations.
Notice.

SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.

(a) REENACTMENT OF SSRS.—Section 14504 of title 49, United
States Code, as that section was in effect on December 31, 2006,
shall be in effect as a law of the United States for the period
beginning on January 1, 2007, ending on the earlier of January
1, 2008, or the effective date of the final regulations issued pursuant
to subsection (b).
(b) DEADLINE FOR FINAL REGULATIONS.—Not later than October
1, 2007, the Federal Motor Carrier Safety Administration shall
issue final regulations to establish the Unified Carrier Registration
System, as required by section 13908 of title 49, United States
Code, and set fees for the unified carrier registration agreement
for calendar year 2007 or subsequent calendar years to be charged
to motor carriers, motor private carriers, and freight forwarders
under such agreement, as required by 14504a of title 49, United
States Code.
(c) REPEAL OF SSRS.—Section 4305(a) of the Safe, Accountable,
Flexible Efficient Transportation Equity Act: A Legacy for Users
(119 Stat. 1764) is amended by striking ‘‘the first January’’ and
all that follows through ‘‘this Act’’ and inserting ‘‘January 1, 2008’’.

Effective date.
Termination
date.
49 USC 14504
note.

49 USC 13908
note.

49 USC 14504
note.

SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.

(a) SCHOOL BUS SECURITY RISK ASSESSMENT.—Not later than
1 year after the date of enactment of this Act, the Secretary shall
transmit to the appropriate congressional committees a report,
including a classified report, as appropriate, containing a comprehensive assessment of the risk of a terrorist attack on the
Nation’s school bus transportation system in accordance with the
requirements of this section.
(b) CONTENTS OF RISK ASSESSMENT.—The assessment shall
include—

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Deadline.
Classified
information.

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121 STAT. 468

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(1) an assessment of security risks to the Nation’s school
bus transportation system, including publicly and privately
operated systems;
(2) an assessment of actions already taken by operators
or others to address identified security risks; and
(3) an assessment of whether additional actions and investments are necessary to improve the security of passengers
traveling on school buses and a list of such actions or investments, if appropriate.
(c) CONSULTATION.—In conducting the risk assessment, the Secretary shall consult with administrators and officials of school systems, representatives of the school bus industry, including both
publicly and privately operated systems, public safety and law
enforcement officials, and nonprofit employee labor organizations
representing school bus drivers.
SEC. 1539. TECHNICAL AMENDMENT.

Section 1992(d)(7) of title 18, United States Code, is amended
by inserting ‘‘intercity bus transportation’’ after ‘‘includes’’.
SEC. 1540. TRUCK SECURITY ASSESSMENT.

Deadline.
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19:13 Aug 28, 2007

(a) DEFINITION.—For the purposes of this section, the term
‘‘truck’’ means any self-propelled or towed motor vehicle used on
a highway in interstate commerce to transport property when the
vehicle—
(1) has a gross vehicle weight rating or gross combination
weight rating, or gross vehicle weight or gross combination
weight, of 4,536 kg (10,001 pounds) or more, whichever is
greater; or
(2) is used in transporting material found by the Secretary
of Transportation to be hazardous under section 5103 of title
49, United States Code, and transported in a quantity requiring
placarding under regulations prescribed by the Secretary under
subtitle B, chapter I, subchapter C of title 49, Code of Federal
Regulations.
(b) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary
of Transportation, shall transmit a report to the appropriate
congressional committees on truck security issues that includes—
(1) a security risk assessment of the trucking industry;
(2) an assessment of actions already taken by both public
and private entities to address identified security risks;
(3) an assessment of the economic impact that security
upgrades of trucks, truck equipment, or truck facilities may
have on the trucking industry and its employees, including
independent owner-operators;
(4) an assessment of ongoing research by public and private
entities and the need for additional research on truck security;
(5) an assessment of industry best practices to enhance
security; and
(6) an assessment of the current status of secure truck
parking.
(c) FORMAT.—The Secretary may submit the report in both
classified and redacted formats if the Secretary determines that
such action is appropriate or necessary.

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121 STAT. 469

SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX.

Not later than 1 year after the date of enactment of this
Act, the Secretary of Transportation and the Secretary shall execute
and develop an annex to the Memorandum of Understanding
between the two departments signed on September 28, 2004, governing the specific roles, delineations of responsibilities, resources,
and commitments of the Department of Transportation and the
Department of Homeland Security, respectively, in addressing motor
carrier transportation security matters, including over-the-road bus
security matters, and shall cover the processes the Departments
will follow to promote communications, efficiency, and nonduplication of effort.

Deadline.
6 USC 1186.

SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT PROGRAM.

(a) INITIAL REPORT.—Not later than 90 days after the date
of enactment of this Act, the Inspector General of the Department
of Homeland Security shall submit a report to the appropriate
congressional committees on the Federal trucking industry security
grant program, for fiscal years 2004 and 2005 that—
(1) addresses the grant announcement, application, receipt,
review, award, monitoring, and closeout processes; and
(2) states the amount obligated or expended under the
program for fiscal years 2004 and 2005 for—
(A) infrastructure protection;
(B) training;
(C) equipment;
(D) educational materials;
(E) program administration;
(F) marketing; and
(G) other functions.
(b) SUBSEQUENT REPORT.—Not later than 1 year after the date
of enactment of this Act, the Inspector General of the Department
of Homeland Security shall submit a report to the appropriate
congressional committees that—
(1) analyzes the performance, efficiency, and effectiveness
of the Federal trucking industry security grant program, and
the need for the program using all years of available data;
and
(2) makes recommendations regarding the future of the
program, including options to improve the effectiveness and
utility of the program and motor carrier security.

Subtitle D—Hazardous Material and
Pipeline Security

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SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.

6 USC 1201.

(a) IN GENERAL.—Not later than 9 months after the date of
enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, shall publish a final rule based on the
Pipeline and Hazardous Materials Safety Administration’s Notice
of Proposed Rulemaking published on December 21, 2006, entitled
‘‘Hazardous Materials: Enhancing Railroad Transportation Safety
and Security for Hazardous Materials Shipments’’. The final rule

Deadline.
Regulations.

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shall incorporate the requirements of this section and, as appropriate, public comments received during the comment period of
the rulemaking.
(b) SECURITY-SENSITIVE MATERIALS COMMODITY DATA.—The
Secretary of Transportation shall ensure that the final rule requires
each railroad carrier transporting security-sensitive materials in
commerce to, no later than 90 days after the end of each calendar
year, compile security-sensitive materials commodity data. Such
data must be collected by route, line segment, or series of line
segments, as aggregated by the railroad carrier. Within the railroad
carrier selected route, the commodity data must identify the
geographic location of the route and the total number of shipments
by the United Nations identification number for the security-sensitive materials.
(c) RAILROAD TRANSPORTATION ROUTE ANALYSIS FOR SECURITYSENSITIVE MATERIALS.—The Secretary of Transportation shall
ensure that the final rule requires each railroad carrier transporting
security-sensitive materials in commerce to, for each calendar year,
provide a written analysis of the safety and security risks for
the transportation routes identified in the security-sensitive materials commodity data collected as required by subsection (b). The
safety and security risks present shall be analyzed for the route,
railroad facilities, railroad storage facilities, and high-consequence
targets along or in proximity to the route.
(d) ALTERNATIVE ROUTE ANALYSIS FOR SECURITY-SENSITIVE
MATERIALS.—The Secretary of Transportation shall ensure that the
final rule requires each railroad carrier transporting security-sensitive materials in commerce to—
(1) for each calendar year—
(A) identify practicable alternative routes over which
the railroad carrier has authority to operate as compared
to the current route for such a shipment analyzed under
subsection (c); and
(B) perform a safety and security risk assessment of
the alternative route for comparison to the route analysis
specified in subsection (c);
(2) ensure that the analysis under paragraph (1) includes—
(A) identification of safety and security risks for an
alternative route;
(B) comparison of those risks identified under subparagraph (A) to the primary railroad transportation route,
including the risk of a catastrophic release from a shipment
traveling along the alternate route compared to the primary
route;
(C) any remediation or mitigation measures implemented on the primary or alternative route; and
(D) potential economic effects of using an alternative
route; and
(3) consider when determining the practicable alternative
routes under paragraph (1)(A) the use of interchange agreements with other railroad carriers.
(e) ALTERNATIVE ROUTE SELECTION FOR SECURITY-SENSITIVE
MATERIALS.—The Secretary of Transportation shall ensure that the
final rule requires each railroad carrier transporting security-sensitive materials in commerce to use the analysis required by subsections (c) and (d) to select the safest and most secure route
to be used in transporting security-sensitive materials.

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(f) REVIEW.—The Secretary of Transportation shall ensure that
the final rule requires each railroad carrier transporting securitysensitive materials in commerce to annually review and select the
practicable route posing the least overall safety and security risk
in accordance with this section. The railroad carrier must retain
in writing all route review and selection decision documentation
and restrict the distribution, disclosure, and availability of information contained in the route analysis to appropriate persons. This
documentation should include, but is not limited to, comparative
analyses, charts, graphics, or railroad system maps.
(g) RETROSPECTIVE ANALYSIS.—The Secretary of Transportation
shall ensure that the final rule requires each railroad carrier transporting security-sensitive materials in commerce to, not less than
once every 3 years, analyze the route selection determinations
required under this section. Such an analysis shall include a comprehensive, systemwide review of all operational changes, infrastructure modifications, traffic adjustments, changes in the nature
of high-consequence targets located along or in proximity to the
route, or other changes affecting the safety and security of the
movements of security-sensitive materials that were implemented
since the previous analysis was completed.
(h) CONSULTATION.—In carrying out subsection (c), railroad carriers transporting security-sensitive materials in commerce shall
seek relevant information from State, local, and tribal officials,
as appropriate, regarding security risks to high-consequence targets
along or in proximity to a route used by a railroad carrier to
transport security-sensitive materials.
(i) DEFINITIONS.—In this section:
(1) The term ‘‘route’’ includes storage facilities and trackage
used by railroad cars in transportation in commerce.
(2) The term ‘‘high-consequence target’’ means a property,
natural resource, location, area, or other target designated by
the Secretary that is a viable terrorist target of national significance, which may include a facility or specific critical infrastructure, the attack of which by railroad could result in—
(A) catastrophic loss of life;
(B) significant damage to national security or defense
capabilities; or
(C) national economic harm.
SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.

6 USC 1202.

(a) COMMUNICATIONS.—
(1) IN GENERAL.—In conjunction with the research and
development program established under section 1518 and consistent with the results of research relating to wireless and
other tracking technologies, the Secretary, in consultation with
the Administrator of the Transportation Security Administration, shall develop a program that will encourage the equipping
of railroad cars transporting security-sensitive materials, as
defined in section 1501, with technology that provides—
(A) car position location and tracking capabilities; and
(B) notification of railroad car depressurization, breach,
unsafe temperature, or release of hazardous materials, as
appropriate.
(2) COORDINATION.—In developing the program required
by paragraph (1), the Secretary shall—

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(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for railroad car tracking at the Department of Transportation; and
(B) ensure that the program is consistent with recommendations and findings of the Department of Homeland
Security’s hazardous material railroad tank car tracking
pilot programs.
(b) FUNDING.—From the amounts appropriated pursuant to
114(w) of title 49, United States Code, as amended by section
1503 of this title, there shall be made available to the Secretary
to carry out this section—
(1) $3,000,000 for fiscal year 2008;
(2) $3,000,000 for fiscal year 2009; and
(3) $3,000,000 for fiscal year 2010.
Deadlines.
6 USC 1203.

Reports.

Deadline.

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SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING.

(a) ROUTE PLAN GUIDANCE.—Not later than 1 year after the
date of enactment of this Act, the Secretary of Transportation,
in consultation with the Secretary, shall—
(1) document existing and proposed routes for the transportation of radioactive and nonradioactive hazardous materials
by motor carrier, and develop a framework for using a
geographic information system-based approach to characterize
routes in the national hazardous materials route registry;
(2) assess and characterize existing and proposed routes
for the transportation of radioactive and nonradioactive hazardous materials by motor carrier for the purpose of identifying
measurable criteria for selecting routes based on safety and
security concerns;
(3) analyze current route-related hazardous materials regulations in the United States, Canada, and Mexico to identify
cross-border differences and conflicting regulations;
(4) document the safety and security concerns of the public,
motor carriers, and State, local, territorial, and tribal governments about the highway routing of hazardous materials;
(5) prepare guidance materials for State officials to assist
them in identifying and reducing both safety concerns and
security risks when designating highway routes for hazardous
materials consistent with the 13 safety-based nonradioactive
materials routing criteria and radioactive materials routing
criteria in subpart C part 397 of title 49, Code of Federal
Regulations;
(6) develop a tool that will enable State officials to examine
potential routes for the highway transportation of hazardous
materials, assess specific security risks associated with each
route, and explore alternative mitigation measures; and
(7) transmit to the appropriate congressional committees
a report on the actions taken to fulfill paragraphs (1) through
(6) and any recommended changes to the routing requirements
for the highway transportation of hazardous materials in part
397 of title 49, Code of Federal Regulations.
(b) ROUTE PLANS.—
(1) ASSESSMENT.—Not later than 1 year after the date
of enactment of this Act, the Secretary of Transportation shall
complete an assessment of the safety and national security
benefits achieved under existing requirements for route plans,

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in written or electronic format, for explosives and radioactive
materials. The assessment shall, at a minimum—
(A) compare the percentage of Department of Transportation recordable incidents and the severity of such
incidents for shipments of explosives and radioactive materials for which such route plans are required with the
percentage of recordable incidents and the severity of such
incidents for shipments of explosives and radioactive materials not subject to such route plans; and
(B) quantify the security and safety benefits, feasibility,
and costs of requiring each motor carrier that is required
to have a hazardous material safety permit under part
385 of title 49, Code of Federal Regulations, to maintain,
follow, and carry such a route plan that meets the requirements of section 397.101 of that title when transporting
the type and quantity of hazardous materials described
in section 385.403, taking into account the various segments of the motor carrier industry, including tank truck,
truckload and less than truckload carriers.
(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation shall submit
a report to the appropriate congressional committees containing
the findings and conclusions of the assessment.
(c) REQUIREMENT.—The Secretary shall require motor carriers
that have a hazardous material safety permit under part 385 of
title 49, Code of Federal Regulations, to maintain, follow, and
carry a route plan, in written or electronic format, that meets
the requirements of section 397.101 of that title when transporting
the type and quantity of hazardous materials described in section
385.403 if the Secretary determines, under the assessment required
in subsection (b), that such a requirement would enhance security
and safety without imposing unreasonable costs or burdens upon
motor carriers.
SEC.

1554.

MOTOR CARRIER
TRACKING.

SECURITY-SENSITIVE

MATERIAL

(a) COMMUNICATIONS.—
(1) IN GENERAL.—Not later than 6 months after the date
of enactment of this Act, consistent with the findings of the
Transportation Security Administration’s hazardous materials
truck security pilot program, the Secretary, through the
Administrator of the Transportation Security Administration
and in consultation with the Secretary of Transportation, shall
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—
(A) frequent or continuous communications;
(B) vehicle position location and tracking capabilities;
and
(C) a feature that allows a driver of such vehicles
to broadcast an emergency distress signal.
(2) CONSIDERATIONS.—In developing the program required
by paragraph (1), the Secretary shall—
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts
for motor carrier or security-sensitive materials tracking
at the Department of Transportation;

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(B) take into consideration the recommendations and
findings of the report on the hazardous material safety
and security operational field test released by the Federal
Motor Carrier Safety Administration on November 11,
2004; and
(C) evaluate—
(i) any new information related to the costs and
benefits of deploying, equipping, and utilizing tracking
technology, including portable tracking technology, for
motor carriers transporting security-sensitive materials not included in the hazardous material safety
and security operational field test report released by
the Federal Motor Carrier Safety Administration on
November 11, 2004;
(ii) the ability of tracking technology to resist tampering and disabling;
(iii) the capability of tracking technology to collect,
display, and store information regarding the movement
of shipments of security-sensitive materials by commercial motor vehicles;
(iv) the appropriate range of contact intervals
between the tracking technology and a commercial
motor vehicle transporting security-sensitive materials;
(v) technology that allows the installation by a
motor carrier of concealed electronic devices on
commercial motor vehicles that can be activated by
law enforcement authorities to disable the vehicle or
alert emergency response resources to locate and
recover security-sensitive materials in the event of loss
or theft of such materials;
(vi) whether installation of the technology
described in clause (v) should be incorporated into
the program under paragraph (1);
(vii) the costs, benefits, and practicality of such
technology described in clause (v) in the context of
the overall benefit to national security, including commerce in transportation; and
(viii) other systems and information the Secretary
determines appropriate.
(b) FUNDING.—From the amounts appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1503 of this Act, there shall be made available to the
Secretary to carry out this section—
(1) $7,000,000 for fiscal year 2008 of which $3,000,000
may be used for equipment;
(2) $7,000,000 for fiscal year 2009 of which $3,000,000
may be used for equipment; and
(3) $7,000,000 for fiscal year 2010 of which $3,000,000
may be used for equipment.
(c) REPORT.—Not later than 1 year after the issuance of regulations under subsection (a), the Secretary shall issue a report to
the appropriate congressional committees on the program developed
and evaluation carried out under this section.
(d) LIMITATION.—The Secretary may not mandate the installation or utilization of a technology described under this section
without additional congressional authority provided after the date
of enactment of this Act.

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121 STAT. 475

SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND
STUDY.

(a) IN GENERAL.—The Secretary of Transportation shall consult
with the Secretary to limit, to the extent practicable, duplicative
reviews of the hazardous materials security plans required under
part 172, title 49, Code of Federal Regulations.
(b) TRANSPORTATION COSTS STUDY.—Within 1 year after the
date of enactment of this Act, the Secretary of Transportation,
in conjunction with the Secretary, shall study to what extent the
insurance, security, and safety costs borne by railroad carriers,
motor carriers, pipeline carriers, air carriers, and maritime 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, respectively, for the transportation
of nonhazardous materials.

6 USC 1205.

Deadline.

SEC. 1556. TECHNICAL CORRECTIONS.

(a) CORRECTION.—Section 5103a of title 49, United States Code,
is amended—
(1) in subsection (a)(1) by striking ‘‘Secretary’’ and inserting
‘‘Secretary of Homeland Security’’;
(2) in subsection (b) by striking ‘‘Secretary’’ each place
it appears and inserting ‘‘Secretary of Transportation’’;
(3) in subsection (d)(1)(B) by striking ‘‘Secretary’’ and
inserting ‘‘Secretary of Homeland Security’’; and
(4) in subsection (e) by striking ‘‘Secretary’’ and inserting
‘‘Secretary of Homeland Security’’ each place it appears.
(b) RELATIONSHIP TO TRANSPORTATION SECURITY CARDS.—
(1) BACKGROUND CHECK.—An individual who has a valid
transportation employee identification card issued by the Secretary under section 70105 of title 46, United States Code,
shall be deemed to have met the background records check
required under section 5103a of title 49, United States Code.
(2) STATE REVIEW.—Nothing in this subsection prevents
or preempts a State from conducting a criminal records check
of an individual that has applied for a license to operate a
motor vehicle transporting in commerce a hazardous material.
SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

(a) IN GENERAL.—Not later than 9 months after the date of
enactment of this Act, consistent with the Annex to the Memorandum of Understanding executed on August 9, 2006, between
the Department of Transportation and the Department, the Secretary, in consultation with the Secretary of Transportation, shall
establish a program for reviewing pipeline operator adoption of
recommendations of the September 5, 2002, Department of
Transportation Research and Special Programs Administration’s
Pipeline Security Information Circular, including the review of pipeline security plans and critical facility inspections.
(b) REVIEW AND INSPECTION.—Not later than 12 months after
the date of enactment of this Act, the Secretary and the Secretary
of Transportation shall develop and implement a plan for reviewing
the pipeline security plans and an inspection of the critical facilities
of the 100 most critical pipeline operators covered by the September
5, 2002, circular, where such facilities have not been inspected
for security purposes since September 5, 2002, by either the Department or the Department of Transportation.

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6 USC 1206.

Deadlines.
6 USC 1207.

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(c) COMPLIANCE REVIEW METHODOLOGY.—In reviewing pipeline
operator compliance under subsections (a) and (b), risk assessment
methodologies shall be used to prioritize risks and to target inspection and enforcement actions to the highest risk pipeline assets.
(d) REGULATIONS.—Not later than 18 months after the date
of enactment of this Act, the Secretary and the Secretary of
Transportation shall develop and transmit to pipeline operators
security recommendations for natural gas and hazardous liquid
pipelines and pipeline facilities. If the Secretary determines that
regulations are appropriate, the Secretary shall consult with the
Secretary of Transportation on the extent of risk and appropriate
mitigation measures, and the Secretary or the Secretary of
Transportation, consistent with the Annex to the Memorandum
of Understanding executed on August 9, 2006, shall promulgate
such regulations and carry out necessary inspection and enforcement actions. Any regulations shall incorporate the guidance provided to pipeline operators by the September 5, 2002, Department
of Transportation Research and Special Programs Administration’s
Pipeline Security Information Circular and contain additional
requirements as necessary based upon the results of the inspections
performed under subsection (b). The regulations shall include the
imposition of civil penalties for noncompliance.
(e) FUNDING.—From the amounts appropriated pursuant to section 114(w) of title 49, United States Code, as amended by section
1503 of this Act, there shall be made available to the Secretary
to carry out this section—
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
6 USC 1208.

SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of Transportation and the Administrator of the Pipeline
and Hazardous Materials Safety Administration, and in accordance
with the Annex to the Memorandum of Understanding executed
on August 9, 2006, the National Strategy for Transportation Security, and Homeland Security Presidential Directive–7, shall develop
a pipeline security and incident recovery protocols plan. The plan
shall include—
(1) for the Government to provide increased security support to the most critical interstate and intrastate natural gas
and hazardous liquid transmission pipeline infrastructure and
operations as determined under section 1557 when—
(A) under severe security threat levels of alert; or
(B) under specific security threat information relating
to such pipeline infrastructure or operations exists; and
(2) an incident recovery protocol plan, developed in conjunction with interstate and intrastate transmission and distribution pipeline operators and terminals and facilities operators
connected to pipelines, to develop protocols to ensure the continued transportation of natural gas and hazardous liquids to
essential markets and for essential public health or national
defense uses in the event of an incident affecting the interstate
and intrastate natural gas and hazardous liquid transmission
and distribution pipeline system, which shall include protocols
for restoring essential services supporting pipelines and

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granting access to pipeline operators for pipeline infrastructure
repair, replacement, or bypass following an incident.
(b) EXISTING PRIVATE AND PUBLIC SECTOR EFFORTS.—The plan
shall take into account actions taken or planned by both private
and public entities to address identified pipeline security issues
and assess the effective integration of such actions.
(c) CONSULTATION.—In developing the plan under subsection
(a), the Secretary shall consult with the Secretary of Transportation,
interstate and intrastate transmission and distribution pipeline
operators, nonprofit employee organizations representing pipeline
employees, emergency responders, offerors, State pipeline safety
agencies, public safety officials, and other relevant parties.
(d) REPORT.—
(1) CONTENTS.—Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
appropriate congressional committees a report containing the
plan required by subsection (a), including an estimate of the
private and public sector costs to implement any recommendations.
(2) FORMAT.—The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.

TITLE XVI—AVIATION
SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.

Section 44940 of title 49, United States Code, is amended—
(1) in subsection (d)(4) by inserting ‘‘, other than subsection
(i),’’ before ‘‘except to’’; and
(2) by adding at the end the following:
‘‘(i) CHECKPOINT SCREENING SECURITY FUND.—
‘‘(1) ESTABLISHMENT.—There is established in the Department of Homeland Security a fund to be known as the ‘Checkpoint Screening Security Fund’.
‘‘(2) DEPOSITS.—In fiscal year 2008, after amounts are made
available under section 44923(h), the next $250,000,000 derived
from fees received under subsection (a)(1) shall be available
to be deposited in the Fund.
‘‘(3) FEES.—The Secretary of Homeland Security shall
impose the fee authorized by subsection (a)(1) so as to collect
at least $250,000,000 in fiscal year 2008 for deposit into the
Fund.
‘‘(4) AVAILABILITY OF AMOUNTS.—Amounts in the Fund shall
be available until expended by the Administrator of the
Transportation Security Administration for the purchase,
deployment, installation, research, and development of equipment to improve the ability of security screening personnel
at screening checkpoints to detect explosives.’’.
SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

(a) IN GENERAL.—Section 44901 of title 49, United States Code,
is amended—
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:

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121 STAT. 478

‘‘(g) AIR CARGO ON PASSENGER AIRCRAFT.—
‘‘(1) IN GENERAL.—Not later than 3 years after the date
of enactment of the Implementing Recommendations of the
9/11 Commission Act of 2007, the Secretary of Homeland Security shall establish a system to screen 100 percent of cargo
transported on passenger aircraft operated by an air carrier
or foreign air carrier in air transportation or intrastate air
transportation to ensure the security of all such passenger
aircraft carrying cargo.
‘‘(2) MINIMUM STANDARDS.—The system referred to in paragraph (1) shall require, at a minimum, that equipment, technology, procedures, personnel, or other methods approved by
the Administrator of the Transportation Security Administration, are used to screen cargo carried on passenger aircraft
described in paragraph (1) to provide a level of security
commensurate with the level of security for the screening of
passenger checked baggage as follows:
‘‘(A) 50 percent of such cargo is so screened not later
than 18 months after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of
2007.
‘‘(B) 100 percent of such cargo is so screened not later
than 3 years after such date of enactment.
‘‘(3) REGULATIONS.—
‘‘(A) INTERIM FINAL RULE.—The Secretary of Homeland
Security may issue an interim final rule as a temporary
regulation to implement this subsection without regard
to the provisions of chapter 5 of title 5.
‘‘(B) FINAL RULE.—
‘‘(i) IN GENERAL.—If the Secretary issues an
interim final rule under subparagraph (A), the Secretary shall issue, not later than one year after the
effective date of the interim final rule, a final rule
as a permanent regulation to implement this subsection in accordance with the provisions of chapter
5 of title 5.
‘‘(ii) FAILURE TO ACT.—If the Secretary does not
issue a final rule in accordance with clause (i) on
or before the last day of the one-year period referred
to in clause (i), the Secretary shall submit to the Committee on Homeland Security of the House of Representatives, Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on
Homeland Security and Governmental Affairs of the
Senate a report explaining why the final rule was
not timely issued and providing an estimate of the
earliest date on which the final rule will be issued.
The Secretary shall submit the first such report within
10 days after such last day and submit a report to
the Committees containing updated information every
30 days thereafter until the final rule is issued.
‘‘(iii) SUPERCEDING OF INTERIM FINAL RULE.—The
final rule issued in accordance with this subparagraph
shall supersede the interim final rule issued under
subparagraph (A).
‘‘(4) REPORT.—Not later than 1 year after the date of
establishment of the system under paragraph (1), the Secretary

Deadline.

Reports.

Deadline.

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shall submit to the Committees referred to in paragraph
(3)(B)(ii) a report that describes the system.
‘‘(5) SCREENING DEFINED.—In this subsection the term
‘screening’ means a physical examination or non-intrusive
methods of assessing whether cargo poses a threat to transportation security. Methods of screening include x-ray systems,
explosives detection systems, explosives trace detection, explosives detection canine teams certified by the Transportation
Security Administration, or a physical search together with
manifest verification. The Administrator may approve additional methods to ensure that the cargo does not pose a threat
to transportation security and to assist in meeting the requirements of this subsection. Such additional cargo screening
methods shall not include solely performing a review of information about the contents of cargo or verifying the identity of
a shipper of the cargo that is not performed in conjunction
with other security methods authorized under this subsection,
including whether a known shipper is registered in the known
shipper database. Such additional cargo screening methods may
include a program to certify the security methods used by
shippers pursuant to paragraphs (1) and (2) and alternative
screening methods pursuant to exemptions referred to in subsection (b) of section 1602 of the Implementing Recommendations of the 9/11 Commission Act of 2007.’’.
(b) ASSESSMENT OF EXEMPTIONS.—
(1) TSA ASSESSMENT.—
(A) IN GENERAL.—Not later than 120 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall submit to the appropriate committees of
Congress and to the Comptroller General a report containing an assessment of each exemption granted under
section 44901(i)(1) of title 49, United States Code, for the
screening required by such section for cargo transported
on passenger aircraft and an analysis to assess the risk
of maintaining such exemption.
(B) CONTENTS.—The report under subparagraph (A)
shall include—
(i) the rationale for each exemption;
(ii) what percentage of cargo is not screened in
accordance with section 44901(g) of title 49, United
States Code;
(iii) the impact of each exemption on aviation security;
(iv) the projected impact on the flow of commerce
of eliminating each exemption, respectively, should the
Secretary choose to take such action; and
(v) plans and rationale for maintaining, changing,
or eliminating each exemption.
(C) FORMAT.—The Secretary may submit the report
under subparagraph (A) in both classified and redacted
formats if the Secretary determines that such action is
appropriate or necessary.
(2) GAO ASSESSMENT.—Not later than 120 days after the
date on which the report under paragraph (1) is submitted,
the Comptroller General shall review the report and submit
to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce, Science, and

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Reports.

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PUBLIC LAW 110–53—AUG. 3, 2007
Transportation of the Senate, and the Committee on Homeland
Security and Governmental Affairs of the Senate an assessment
of the methodology of determinations made by the Secretary
for maintaining, changing, or eliminating an exemption under
section 44901(i)(1) of title 49, United States Code.

SEC. 1603. IN-LINE BAGGAGE SCREENING.

(a) EXTENSION OF AUTHORIZATION.—Section 44923(i)(1) of title
49, United States Code, is amended by striking ‘‘2007.’’ and
inserting ‘‘2007, and $450,000,000 for each of fiscal years 2008
through 2011’’.
(b) SUBMISSION OF COST-SHARING STUDY AND PLAN.—Not later
than 60 days after the date of enactment of this Act, the Secretary
for Homeland Security shall submit to the appropriate congressional
committees the cost sharing study described in section 4019(d)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(118 Stat. 3722), together with the Secretary’s analysis of the study,
a list of provisions of the study the Secretary intends to implement,
and a plan and schedule for implementation of such listed provisions.

Deadline.

SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

49 USC 44923.
Airport security.

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(a) IN GENERAL.—Section 44923 of title 49, United States Code,
is amended—
(1) in subsection (a) by striking ‘‘may make’’ and inserting
‘‘shall make’’;
(2) in subsection (d)(1) by striking ‘‘may’’ and inserting
‘‘shall’’;
(3) in subsection (h)(1) by striking ‘‘2007’’ and inserting
‘‘2028’’;
(4) in subsection (h) by striking paragraphs (2) and (3)
and inserting the following:
‘‘(2) ALLOCATION.—Of the amount made available under
paragraph (1) for a fiscal year, not less than $200,000,000
shall be allocated to fulfill letters of intent issued under subsection (d).
‘‘(3) DISCRETIONARY GRANTS.—Of the amount made available under paragraph (1) for a fiscal year, up to $50,000,000
shall be used to make discretionary grants, including other
transaction agreements for airport security improvement
projects, with priority given to small hub airports and nonhub
airports.’’;
(5) by redesignating subsection (i) as subsection (j); and
(6) by inserting after subsection (h) the following:
‘‘(i) LEVERAGED FUNDING.—For purposes of this section, a grant
under subsection (a) to an airport sponsor to service an obligation
issued by or on behalf of that sponsor to fund a project described
in subsection (a) shall be considered to be a grant for that project.’’.
(b) PRIORITIZATION OF PROJECTS.—
(1) IN GENERAL.—The Administrator of the Transportation
Security Administration shall establish a prioritization schedule
for airport security improvement projects described in section
44923 of title 49, United States Code, based on risk and other
relevant factors, to be funded under that section. The schedule
shall include both hub airports referred to in paragraphs (29),
(31), and (42) of section 40102 of such title and nonhub airports
(as defined in section 47102(13) of such title).

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 481

(2) AIRPORTS THAT HAVE INCURRED ELIGIBLE COSTS.—The
schedule shall include airports that have incurred eligible costs
associated with development of partial or completed in-line
baggage systems before the date of enactment of this Act in
reasonable anticipation of receiving a grant under section 44923
of title 49, United States Code, in reimbursement of those
costs but that have not received such a grant.
(3) REPORT.—Not later than 180 days after the date of
enactment of this Act, the Administrator shall provide a copy
of the prioritization schedule, a corresponding timeline, and
a description of the funding allocation under section 44923
of title 49, United States Code, to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Homeland Security of the House of Representatives.
SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED
PASSENGER PRESCREENING SYSTEM.

(a) IN GENERAL.—Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation Security
Administration, shall submit to the Committee on Homeland Security of the House of Representatives, the Committee on Commerce,
Science, and Transportation of the Senate, and the Committee
on Homeland Security and Governmental Affairs of the Senate
a plan that—
(1) describes the system to be utilized by the Department
of Homeland Security to assume the performance of comparing
passenger information, as defined by the Administrator, to
the automatic selectee and no-fly lists, utilizing appropriate
records in the consolidated and integrated terrorist watchlist
maintained by the Federal Government;
(2) provides a projected timeline for each phase of testing
and implementation of the system;
(3) explains how the system will be integrated with the
prescreening system for passengers on international flights;
and
(4) describes how the system complies with section 552a
of title 5, United States Code.
(b) GAO ASSESSMENT.—Not later than 180 days after the date
of enactment of this Act, the Comptroller General shall submit
a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Homeland Security
of the House of Representatives that—
(1) describes the progress made by the Transportation Security Administration in implementing the secure flight passenger
pre-screening program;
(2) describes the effectiveness of the current appeals process
for passengers wrongly assigned to the no-fly and terrorist
watch lists;
(3) describes the Transportation Security Administration’s
plan to protect private passenger information and progress
made in integrating the system with the pre-screening program
for international flights operated by United States Customs
and Border Protection;
(4) provides a realistic determination of when the system
will be completed; and

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49 USC 44903
note.

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PUBLIC LAW 110–53—AUG. 3, 2007
(5) includes any other relevant observations or recommendations the Comptroller General deems appropriate.

SEC.

1606.

APPEAL AND REDRESS PROCESS FOR PASSENGERS
WRONGLY DELAYED OR PROHIBITED FROM BOARDING
A FLIGHT.

(a) IN GENERAL.—Subchapter I of chapter 449 of title 49, United
States Code is amended by adding at the end the following:
‘‘§ 44926. Appeal and redress process for passengers wrongly
delayed or prohibited from boarding a flight
‘‘(a) IN GENERAL.—The Secretary of Homeland Security shall
establish a timely and fair process for individuals who believe
they have been delayed or prohibited from boarding a commercial
aircraft because they were wrongly identified as a threat under
the regimes utilized by the Transportation Security Administration,
United States Customs and Border Protection, or any other office
or component of the Department of Homeland Security.
‘‘(b) OFFICE OF APPEALS AND REDRESS.—
‘‘(1) ESTABLISHMENT.—The Secretary shall establish in the
Department an Office of Appeals and Redress to implement,
coordinate, and execute the process established by the Secretary
pursuant to subsection (a). The Office shall include representatives from the Transportation Security Administration, United
States Customs and Border Protection, and such other offices
and components of the Department as the Secretary determines
appropriate.
‘‘(2) RECORDS.—The process established by the Secretary
pursuant to subsection (a) shall include the establishment of
a method by which the Office, under the direction of the Secretary, will be able to maintain a record of air carrier passengers and other individuals who have been misidentified
and have corrected erroneous information.
‘‘(3) INFORMATION.—To prevent repeated delays of an
misidentified passenger or other individual, the Office shall—
‘‘(A) ensure that the records maintained under this
subsection contain information determined by the Secretary
to authenticate the identity of such a passenger or individual;
‘‘(B) furnish to the Transportation Security Administration, United States Customs and Border Protection, or any
other appropriate office or component of the Department,
upon request, such information as may be necessary to
allow such office or component to assist air carriers in
improving their administration of the advanced passenger
prescreening system and reduce the number of false
positives; and
‘‘(C) require air carriers and foreign air carriers take
action to identify passengers determined, under the process
established under subsection (a), to have been wrongly
identified.
‘‘(4) HANDLING OF PERSONALLY IDENTIFIABLE INFORMATION.—The Secretary, in conjunction with the Chief Privacy
Officer of the Department shall—
‘‘(A) require that Federal employees of the Department
handling personally identifiable information of passengers
(in this paragraph referred to as ‘PII’) complete mandatory

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privacy and security training prior to being authorized
to handle PII;
‘‘(B) ensure that the records maintained under this
subsection are secured by encryption, one-way hashing,
other data anonymization techniques, or such other equivalent security technical protections as the Secretary determines necessary;
‘‘(C) limit the information collected from misidentified
passengers or other individuals to the minimum amount
necessary to resolve a redress request;
‘‘(D) require that the data generated under this subsection shall be shared or transferred via a secure data
network, that has been audited to ensure that the antihacking and other security related software functions properly and is updated as necessary;
‘‘(E) ensure that any employee of the Department
receiving the data contained within the records handles
the information in accordance with the section 552a of
title 5, United States Code, and the Federal Information
Security Management Act of 2002 (Public Law 107–296);
‘‘(F) only retain the data for as long as needed to
assist the individual traveler in the redress process; and
‘‘(G) conduct and publish a privacy impact assessment
of the process described within this subsection and transmit
the assessment to the Committee on Homeland Security
of the House of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and Committee on Homeland Security and Governmental Affairs
of the Senate.
‘‘(5) INITIATION OF REDRESS PROCESS AT AIRPORTS.—The
Office shall establish at each airport at which the Department
has a significant presence a process to provide information
to air carrier passengers to begin the redress process established pursuant to subsection (a).’’.
(b) CLERICAL AMENDMENT.—The analysis for such chapter is
amended by inserting after the item relating to section 44925 the
following:
‘‘44926. Appeal and redress process for passengers wrongly delayed or prohibited
from boarding a flight.’’.
SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER
SCREENING CHECKPOINTS.

(a) IN GENERAL.—Not later than 30 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation Security
Administration, shall issue the strategic plan the Secretary was
required by section 44925(b) of title 49, United States Code, to
have issued within 90 days after the date of enactment of the
Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108–458).
(b) DEPLOYMENT.—Section 44925(b) of title 49, United States
Code, is amended by adding at the end the following:
‘‘(3) IMPLEMENTATION.—The Secretary shall begin
implementation of the strategic plan within one year after
the date of enactment of this paragraph.’’.

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Strategic plan.
49 USC 44925
note.

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PUBLIC LAW 110–53—AUG. 3, 2007

SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY TECHNOLOGY.

Section 137(a) of the Aviation and Transportation Security
Act (49 U.S.C. 44912 note; 115 Stat. 637) is amended—
(1) by striking ‘‘2002 through 2006’’ and inserting ‘‘2006
through 2011’’;
(2) by striking ‘‘aviation’’ and inserting ‘‘transportation’’;
and
(3) by striking ‘‘2002 and 2003’’ and inserting ‘‘2006 through
2011’’.
SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.

Deadlines.

Reports.

49 USC 44901
note.

Section 44901 of title 49, United States Code, as amended
by section 1602, is further amended by adding at the end the
following:
‘‘(j) BLAST-RESISTANT CARGO CONTAINERS.—
‘‘(1) IN GENERAL.—Before January 1, 2008, the Administrator of the Transportation Security Administration shall—
‘‘(A) evaluate the results of the blast-resistant cargo
container pilot program that was initiated before the date
of enactment of this subsection; and
‘‘(B) prepare and distribute through the Aviation Security Advisory Committee to the appropriate Committees
of Congress and air carriers a report on that evaluation
which may contain nonclassified and classified sections.
‘‘(2) ACQUISITION, MAINTENANCE, AND REPLACEMENT.—Upon
completion and consistent with the results of the evaluation
that paragraph (1)(A) requires, the Administrator shall—
‘‘(A) develop and implement a program, as the Administrator determines appropriate, to acquire, maintain, and
replace blast-resistant cargo containers;
‘‘(B) pay for the program; and
‘‘(C) make available blast-resistant cargo containers
to air carriers pursuant to paragraph (3).
‘‘(3) DISTRIBUTION TO AIR CARRIERS.—The Administrator
shall make available, beginning not later than July 1, 2008,
blast-resistant cargo containers to air carriers for use on a
risk managed basis as determined by the Administrator.’’.
SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES.

(a) TECHNOLOGY RESEARCH AND PILOT PROJECTS.—
(1) RESEARCH AND DEVELOPMENT.—The Secretary of Homeland Security, in consultation with the Administrator of the
Transportation Security Administration, shall expedite research
and development programs for technologies 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. The research shall be used in
support of implementation of section 44901 of title 49, United
States Code.
(2) PILOT PROJECTS.—The Secretary, in conjunction with
the Secretary of Transportation, shall establish a grant program
to fund pilot projects—
(A) to deploy technologies described in paragraph (1);
and
(B) to test technologies to expedite the recovery,
development, and analysis of information from aircraft

Grants.

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121 STAT. 485

accidents to determine the cause of the accident, including
deployable flight deck and voice recorders and remote location recording devices.
(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary of Homeland Security for fiscal
year 2008 such sums as may be necessary to carry out this section.
Such sums shall remain available until expended.
49 USC 114 note.

SEC. 1611. SPECIALIZED TRAINING.

The Administrator of the Transportation Security Administration shall provide advanced training to transportation security officers for the development of specialized security skills, including
behavior observation and analysis, explosives detection, and document examination, in order to enhance the effectiveness of layered
transportation security measures.
SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

49 USC 114 note.

(a) IN GENERAL.—Notwithstanding any provision of law, any
statutory limitation on the number of employees in the Transportation Security Administration, before or after its transfer to the
Department of Homeland Security from the Department of
Transportation, does not apply after fiscal year 2007.
(b) AVIATION SECURITY.—Notwithstanding any provision of law
imposing a limitation on the recruiting or hiring of personnel into
the Transportation Security Administration to a maximum number
of permanent positions, the Secretary of Homeland Security shall
recruit and hire such personnel into the Administration as may
be necessary—
(1) to provide appropriate levels of aviation security; and
(2) to accomplish that goal in such a manner that the
average aviation security-related delay experienced by airline
passengers is reduced to a level of less than 10 minutes.
SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT
AIRPORT EXIT LANES.

49 USC 44903
note.

(a) IN GENERAL.—The Administrator of the Transportation
Security Administration shall conduct a pilot program at not more
than 2 airports to identify technologies to improve security at airport exit lanes.
(b) PROGRAM COMPONENTS.—In conducting the pilot program
under this section, the Administrator shall—
(1) utilize different technologies that protect the integrity
of the airport exit lanes from unauthorized entry;
(2) work with airport officials to deploy such technologies
in multiple configurations at a selected airport or airports at
which some of the exits are not colocated with a screening
checkpoint; and
(3) ensure the level of security is at or above the level
of existing security at the airport or airports where the pilot
program is conducted.
(c) REPORTS.—
(1) INITIAL BRIEFING.—Not later than 180 days after the
date of enactment of this Act, the Administrator shall conduct
a briefing to the congressional committees set forth in paragraph (3) that describes—
(A) the airport or airports selected to participate in
the pilot program;
(B) the technologies to be tested;

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(C) the potential savings from implementing the technologies at selected airport exits;
(D) the types of configurations expected to be deployed
at such airports; and
(E) the expected financial contribution from each airport.
(2) FINAL REPORT.—Not later than 18 months after the
technologies are deployed at the airports participating in the
pilot program, the Administrator shall submit a final report
to the congressional committees set forth in paragraph (3)
that describes—
(A) the changes in security procedures and technologies
deployed;
(B) the estimated cost savings at the airport or airports
that participated in the pilot program; and
(C) the efficacy and staffing benefits of the pilot program and its applicability to other airports in the United
States.
(3) CONGRESSIONAL COMMITTEES.—The reports required
under this subsection shall be submitted to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives; and
(E) the Committee on Appropriations of the House
of Representatives.
(d) USE OF EXISTING FUNDS.—This section shall be executed
using existing funds.
49 USC 44903
note.

SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS.

(a) REPORT.—Not later than 180 days after the date of enactment of this Act, the Administrator of the Transportation Security
Administration, after consultation with airline, airport, and flight
crew representatives, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Homeland Security of the House of Representatives,
and the Committee on Transportation and Infrastructure of the
House of Representatives a report on the status of the Administration’s efforts to institute a sterile area access system or method
that will enhance security by properly identifying authorized airline
flight deck and cabin crew members at screening checkpoints and
granting them expedited access through screening checkpoints. The
Administrator shall include in the report recommendations on the
feasibility of implementing the system for the domestic aviation
industry beginning 1 year after the date on which the report is
submitted.
(b) BEGINNING IMPLEMENTATION.—The Administrator shall
begin implementation of the system or method referred to in subsection (a) not later than 1 year after the date on which the
Administrator submits the report under subsection (a).
SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.

(a) IN GENERAL.—Section 44903(h)(6) of title 49, United States
Code, is amended to read as follows:

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‘‘(6) USE OF BIOMETRIC TECHNOLOGY FOR ARMED LAW
ENFORCEMENT TRAVEL.—
‘‘(A) IN GENERAL.—Not later than 18 months after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the Secretary of Homeland Security, in consultation with the Attorney General,
shall—
‘‘(i) implement this section by publication in the
Federal Register; and
‘‘(ii) establish a national registered armed law
enforcement program, that shall be federally managed,
for law enforcement officers needing to be armed when
traveling by commercial aircraft.
‘‘(B) PROGRAM REQUIREMENTS.—The program shall—
‘‘(i) establish a credential or a system that incorporates biometric technology and other applicable technologies;
‘‘(ii) establish a system for law enforcement officers
who need to be armed when traveling by commercial
aircraft on a regular basis and for those who need
to be armed during temporary travel assignments;
‘‘(iii) comply with other uniform credentialing initiatives, including the Homeland Security Presidential
Directive 12;
‘‘(iv) apply to all Federal, State, local, tribal, and
territorial government law enforcement agencies; and
‘‘(v) establish a process by which the travel credential or system may be used to verify the identity,
using biometric technology, of a Federal, State, local,
tribal, or territorial law enforcement officer seeking
to carry a weapon on board a commercial aircraft,
without unnecessarily disclosing to the public that the
individual is a law enforcement officer.
‘‘(C) PROCEDURES.—In establishing the program, the
Secretary shall develop procedures—
‘‘(i) to ensure that a law enforcement officer of
a Federal, State, local, tribal, or territorial government
flying armed has a specific reason for flying armed
and the reason is within the scope of the duties of
such officer;
‘‘(ii) to preserve the anonymity of the armed law
enforcement officer;
‘‘(iii) to resolve failures to enroll, false matches,
and false nonmatches relating to the use of the law
enforcement travel credential or system;
‘‘(iv) to determine the method of issuance of the
biometric credential to law enforcement officers
needing to be armed when traveling by commercial
aircraft;
‘‘(v) to invalidate any law enforcement travel
credential or system that is lost, stolen, or no longer
authorized for use;
‘‘(vi) to coordinate the program with the Federal
Air Marshal Service, including the force multiplier program of the Service; and
‘‘(vii) to implement a phased approach to launching
the program, addressing the immediate needs of the

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publication.

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relevant Federal agent population before expanding
to other law enforcement populations.’’.
(b) REPORT.—
(1) IN GENERAL.—Not later than 180 days after implementing the national registered armed law enforcement program required by section 44903(h)(6) of title 49, United States
Code, the Secretary of Homeland Security shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Homeland Security of the House
of Representatives a report. If the Secretary has not implemented the program within 180 days after the date of enactment of this Act, the Secretary shall submit a report to the
Committees within 180 days explaining the reasons for the
failure to implement the program within the time required
by that section and a further report within each successive
90-day period until the program is implemented explaining
the reasons for such further delays in implementation until
the program is functioning.
(2) CLASSIFIED FORMAT.—The Secretary may submit each
report required by this subsection in classified format.

49 USC 44924
note.
Deadline.

Deadlines.

SEC. 1616. REPAIR STATION SECURITY.

(a) CERTIFICATION OF FOREIGN REPAIR STATIONS SUSPENSION.—
If the regulations required by section 44924(f) of title 49, United
States Code, are not issued within 1 year after the date of enactment
of this Act, the Administrator of the Federal Aviation Administration may not certify any foreign repair station under part 145
of title 14, Code of Federal Regulations, after such date unless
the station was previously certified, or is in the process of certification by the Administration under that part.
(b) 6-MONTH DEADLINE FOR SECURITY REVIEW AND AUDIT.—
Subsections (a) and (d) of section 44924 of title 49, United States
Code, is amended—
(1) in each of subsections (a) and (b) by striking ‘‘18 months’’
and inserting ‘‘6 months’’; and
(2) in subsection (d) by inserting ‘‘(other than a station
that was previously certified, or is in the process of certification,
by the Administration under this part)’’ before ‘‘until’’.
SEC. 1617. GENERAL AVIATION SECURITY.

Section 44901 of title 49, United States Code, as amended
by sections 1602 and 1609, is further amended by adding at the
end the following:
‘‘(k) GENERAL AVIATION AIRPORT SECURITY PROGRAM.—
‘‘(1) IN GENERAL.—Not later than one year after the date
of enactment of this subsection, the Administrator of the
Transportation Security Administration shall—
‘‘(A) develop a standardized threat and vulnerability
assessment program for general aviation airports (as
defined in section 47134(m)); and
‘‘(B) implement a program to perform such assessments
on a risk-managed basis at general aviation airports.
‘‘(2) GRANT PROGRAM.—Not later than 6 months after the
date of enactment of this subsection, the Administrator shall
initiate and complete a study of the feasibility of a program,
based on a risk-managed approach, to provide grants to operators of general aviation airports (as defined in section 47134(m))

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for projects to upgrade security at such airports. If the Administrator determines that such a program is feasible, the Administrator shall establish such a program.
‘‘(3) APPLICATION TO GENERAL AVIATION AIRCRAFT.—Not
later than 180 days after the date of enactment of this subsection, the Administrator shall develop a risk-based system
under which—
‘‘(A) general aviation aircraft, as identified by the
Administrator, in coordination with the Administrator of
the Federal Aviation Administration, are required to
submit passenger information and advance notification
requirements for United States Customs and Border Protection before entering United States airspace; and
‘‘(B) such information is checked against appropriate
databases.
‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—There are
authorized to be appropriated to the Administrator of the
Transportation Security Administration such sums as may be
necessary to carry out paragraphs (2) and (3).’’.
SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY
FUNDING.

Section 48301(a) of title 49, United States Code, is amended
by striking ‘‘and 2006’’ and inserting ‘‘2007, 2008, 2009, 2010,
and 2011’’.

TITLE XVII—MARITIME CARGO
SEC. 1701. CONTAINER SCANNING AND SEALS.

(a) CONTAINER SCANNING.—Section 232(b) of the SAFE Ports
Act (6 U.S.C. 982(b)) is amended to read as follows:
‘‘(b) FULL-SCALE IMPLEMENTATION.—
‘‘(1) IN GENERAL.—A container that was loaded on a vessel
in a foreign port shall not enter the United States (either
directly or via a foreign port) unless the container was scanned
by nonintrusive imaging equipment and radiation detection
equipment at a foreign port before it was loaded on a vessel.
‘‘(2) APPLICATION.—Paragraph (1) shall apply with respect
to containers loaded on a vessel in a foreign country on or
after the earlier of—
‘‘(A) July 1, 2012; or
‘‘(B) such other date as may be established by the
Secretary under paragraph (3).
‘‘(3) ESTABLISHMENT OF EARLIER DEADLINE.—The Secretary
shall establish a date under (2)(B) pursuant to the lessons
learned through the pilot integrated scanning systems established under section 231.
‘‘(4) EXTENSIONS.—The Secretary may extend the date
specified in paragraph (2)(A) or (2)(B) for 2 years, and may
renew the extension in additional 2-year increments, for containers loaded in a port or ports, if the Secretary certifies
to Congress that at least two of the following conditions exist:
‘‘(A) Systems to scan containers in accordance with
paragraph (1) are not available for purchase and installation.

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‘‘(B) Systems to scan containers in accordance with
paragraph (1) do not have a sufficiently low false alarm
rate for use in the supply chain.
‘‘(C) Systems to scan containers in accordance with
paragraph (1) cannot be purchased, deployed, or operated
at ports overseas, including, if applicable, because a port
does not have the physical characteristics to install such
a system.
‘‘(D) Systems to scan containers in accordance with
paragraph (1) cannot be integrated, as necessary, with
existing systems.
‘‘(E) Use of systems that are available to scan containers in accordance with paragraph (1) will significantly
impact trade capacity and the flow of cargo.
‘‘(F) Systems to scan containers in accordance with
paragraph (1) do not adequately provide an automated
notification of questionable or high-risk cargo as a trigger
for further inspection by appropriately trained personnel.
‘‘(5) EXEMPTION FOR MILITARY CARGO.—Notwithstanding
any other provision in the section, supplies bought by the
Secretary of Defense and transported in compliance section
2631 of title 10, United States Code, and military cargo of
foreign countries are exempt from the requirements of this
section.
‘‘(6) REPORT ON EXTENSIONS.—An extension under paragraph (4) for a port or ports shall take effect upon the expiration
of the 60-day period beginning on the date the Secretary provides a report to Congress that—
‘‘(A) states what container traffic will be affected by
the extension;
‘‘(B) provides supporting evidence to support the Secretary’s certification of the basis for the extension; and
‘‘(C) explains what measures the Secretary is taking
to ensure that scanning can be implemented as early as
possible at the port or ports that are the subject of the
report.
‘‘(7) REPORT ON RENEWAL OF EXTENSION.—If an extension
under paragraph (4) takes effect, the Secretary shall, after
one year, submit a report to Congress on whether the Secretary
expects to seek to renew the extension.
‘‘(8) SCANNING TECHNOLOGY STANDARDS.—In implementing
paragraph (1), the Secretary shall—
‘‘(A) establish technological and operational standards
for systems to scan containers;
‘‘(B) ensure that the standards are consistent with
the global nuclear detection architecture developed under
the Homeland Security Act of 2002; and
‘‘(C) coordinate with other Federal agencies that administer scanning or detection programs at foreign ports.
‘‘(9) INTERNATIONAL TRADE AND OTHER OBLIGATIONS.—In
carrying out this subsection, the Secretary shall consult with
appropriate Federal departments and agencies and private
sector stakeholders, and ensure that actions under this section
do not violate international trade obligations, and are consistent
with the World Customs Organization framework, or other
international obligations of the United States.’’.

Effective date.

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(b) DEADLINE FOR CONTAINER SECURITY STANDARDS AND PROCEDURES.—Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4))
is amended by—
(1) striking ‘‘(1) DEADLINE FOR ENFORCEMENT.—’’ and
inserting the following:
‘‘(1) DEADLINE FOR ENFORCEMENT.—
‘‘(A) ENFORCEMENT OF RULE.—’’; and
(2) adding at the end the following:
‘‘(B) INTERIM REQUIREMENT.—If the interim final rule
described in paragraph (2) is not issued by April 1, 2008,
then—
‘‘(i) effective not later than October 15, 2008, all
containers in transit to the United States shall be
required to meet the requirements of International
Organization for Standardization Publicly Available
Specification 17712 standard for sealing containers;
and
‘‘(ii) the requirements of this subparagraph shall
cease to be effective upon the effective date of the
interim final rule issued pursuant to this subsection.’’.

TITLE XVIII—PREVENTING WEAPONS
OF MASS DESTRUCTION PROLIFERATION AND TERRORISM
SEC. 1801. FINDINGS.

50 USC 2901.

The 9/11 Commission has made the following recommendations:
(1) STRENGTHEN ‘‘COUNTER-PROLIFERATION’’ EFFORTS.—The
United States should work with the international community
to develop laws and an international legal regime with universal jurisdiction to enable any state in the world to capture,
interdict, and prosecute smugglers of nuclear material.
(2) EXPAND THE PROLIFERATION SECURITY INITIATIVE.—In
carrying out the Proliferation Security Initiative, the United
States should—
(A) use intelligence and planning resources of the
North Atlantic Treaty Organization (NATO) alliance;
(B) make participation open to non-NATO countries;
and
(C) encourage Russia and the People’s Republic of
China to participate.
(3) SUPPORT THE COOPERATIVE THREAT REDUCTION PROGRAM.—The United States should expand, improve, increase
resources for, and otherwise fully support the Cooperative
Threat Reduction program.
SEC. 1802. DEFINITIONS.

50 USC 2902.

In this title:
(1) The terms ‘‘prevention of weapons of mass destruction
proliferation and terrorism’’ and ‘‘prevention of WMD proliferation and terrorism’’ include activities under—
(A) the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997
(Public Law 104–201; 110 Stat. 2731; 50 U.S.C. 2362 note);

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PUBLIC LAW 110–53—AUG. 3, 2007
(B) the programs for which appropriations are authorized by section 3101(a)(2) of the Bob Stump National
Defense Authorization Act for Fiscal Year 2003 (Public
Law 107–314; 116 Stat. 2729);
(C) programs authorized by section 504 of the Freedom
for Russia and Emerging Eurasian Democracies and Open
Markets Support Act of 1992 (the FREEDOM Support Act)
(22 U.S.C. 5854) and programs authorized by section 1412
of the Former Soviet Union Demilitarization Act of 1992
(22 U.S.C. 5902); and
(D) a program of any agency of the Federal Government
having a purpose similar to that of any of the programs
identified in subparagraphs (A) through (C), as designated
by the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism
and the head of the agency.
(2) The terms ‘‘weapons of mass destruction’’ and ‘‘WMD’’
mean chemical, biological, and nuclear weapons, and chemical,
biological, and nuclear materials used in the manufacture of
such weapons.
(3) The term ‘‘items of proliferation concern’’ means—
(A) equipment, materials, or technology listed in—
(i) the Trigger List of the Guidelines for Nuclear
Transfers of the Nuclear Suppliers Group;
(ii) the Annex of the Guidelines for Transfers of
Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology of the Nuclear Suppliers
Group; or
(iii) any of the Common Control Lists of the Australia Group; and
(B) any other sensitive items.

Subtitle A—Repeal and Modification of
Limitations on Assistance for Prevention
of WMD Proliferation and Terrorism
SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.

Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction proliferation and terrorism as follows:
(1) SOVIET NUCLEAR THREAT REDUCTION ACT OF 1991.—Subsections (b) and (c) of section 211 of the Soviet Nuclear Threat
Reduction Act of 1991 (title II of Public Law 102–228; 22
U.S.C. 2551 note) are repealed.
(2) COOPERATIVE THREAT REDUCTION ACT OF 1993.—Section
1203(d) of the Cooperative Threat Reduction Act of 1993 (title
XII of Public Law 103–160; 22 U.S.C. 5952(d)) is repealed.
(3) RUSSIAN CHEMICAL WEAPONS DESTRUCTION FACILITIES.—
Section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106–65; 22 U.S.C. 5952 note)
is repealed.

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(4) AUTHORITY TO USE COOPERATIVE THREAT REDUCTION
FUNDS OUTSIDE THE FORMER SOVIET UNION—MODIFICATION OF
CERTIFICATION REQUIREMENT; CONGRESSIONAL NOTICE REQUIREMENT.—Section 1308 of the National Defense Authorization
Act for Fiscal Year 2004 (Public Law 108–136; 22 U.S.C. 5963)
is amended—
(A) in subsection (a)—
(i) by striking ‘‘the President may’’ and inserting
‘‘the Secretary of Defense may’’; and
(ii) by striking ‘‘if the President’’ and inserting
‘‘if the Secretary of Defense, with the concurrence of
the Secretary of State,’’;
(B) in subsection (d)(1)—
(i) by striking ‘‘The President may not’’ and
inserting ‘‘The Secretary of Defense may not’’; and
(ii) by striking ‘‘until the President’’ and inserting
‘‘until the Secretary of Defense, with the concurrence
of the Secretary of State,’’;
(C) in subsection (d)(2)—
(i) by striking ‘‘Not later than 10 days after’’ and
inserting ‘‘Not later than 15 days prior to’’;
(ii) by striking ‘‘the President shall’’ and inserting
‘‘the Secretary of Defense shall’’; and
(iii) by striking ‘‘Congress’’ and inserting ‘‘the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on
Foreign Relations of the Senate’’; and
(D) in subsection (d) by adding at the end the following:
‘‘(3) In the case of a situation that threatens human life or
safety or where a delay would severely undermine the national
security of the United States, notification under paragraph (2)
shall be made not later than 10 days after obligating funds under
the authority in subsection (a) for a project or activity.’’.

Public safety.
Defense and
national security.
Deadline.

Subtitle B—Proliferation Security
Initiative
SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS
AND AUTHORITIES.

50 USC 2911.

(a) SENSE OF CONGRESS.—It is the sense of Congress, consistent
with the 9/11 Commission’s recommendations, that the President
should strive to expand and strengthen the Proliferation Security
Initiative (in this subtitle referred to as ‘‘PSI’’) announced by the
President on May 31, 2003, with a particular emphasis on the
following:
(1) Issuing a presidential directive to the relevant United
States Government agencies and departments that directs such
agencies and departments to—
(A) establish clear PSI authorities, responsibilities, and
structures;
(B) include in the budget request for each such agency
or department for each fiscal year, a request for funds
necessary for United States PSI-related activities; and

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(C) provide other necessary resources to achieve more
efficient and effective performance of United States PSIrelated activities.
(2) Increasing PSI cooperation with all countries.
(3) Implementing the recommendations of the Government
Accountability Office (GAO) in the September 2006 report titled
‘‘Better Controls Needed to Plan and Manage Proliferation
Security Initiative Activities’’ (GAO–06–937C) regarding the
following:
(A) The Department of Defense and the Department
of State should establish clear PSI roles and responsibilities, policies and procedures, interagency communication
mechanisms, documentation requirements, and indicators
to measure program results.
(B) The Department of Defense and the Department
of State should develop a strategy to work with PSI-participating countries to resolve issues that are impediments
to conducting successful PSI interdictions.
(4) Establishing a multilateral mechanism to increase
coordination, cooperation, and compliance among PSI-participating countries.
(b) BUDGET SUBMISSION.—
(1) IN GENERAL.—Each fiscal year in which activities are
planned to be carried out under the PSI, the President shall
include in the budget request for each participating United
States Government agency or department for that fiscal year,
a description of the funding and the activities for which the
funding is requested for each such agency or department.
(2) REPORT.—Not later than the first Monday in February
of each year in which the President submits a budget request
described in paragraph (1), the Secretary of Defense and the
Secretary of State shall submit to Congress a comprehensive
joint report setting forth the following:
(A) A 3-year plan, beginning with the fiscal year for
the budget request, that specifies the amount of funding
and other resources to be provided by the United States
for PSI-related activities over the term of the plan,
including the purposes for which such funding and
resources will be used.
(B) For the report submitted in 2008, a description
of the PSI-related activities carried out during the 3 fiscal
years preceding the year of the report, and for the report
submitted in 2009 and each year thereafter, a description
of the PSI-related activities carried out during the fiscal
year preceding the year of the report. The description shall
include, for each fiscal year covered by the report—
(i) the amounts obligated and expended for such
activities and the purposes for which such amounts
were obligated and expended;
(ii) a description of the participation of each department or agency of the United States Government in
such activities;
(iii) a description of the participation of each foreign country or entity in such activities;
(iv) a description of any assistance provided to
a foreign country or entity participating in such activities in order to secure such participation, in response

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to such participation, or in order to improve the quality
of such participation; and
(v) such other information as the Secretary of
Defense and the Secretary of State determine should
be included to keep Congress fully informed of the
operation and activities of the PSI.
(3) CLASSIFICATION.—The report required by paragraph (2)
shall be in an unclassified form but may include a classified
annex as necessary.
(c) IMPLEMENTATION REPORT.—Not later than 180 days after
the date of the enactment of this Act, the President shall transmit
to the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Armed Services and the Committee on Foreign Relations of the
Senate a report on the implementation of this section. The report
shall include—
(1) the steps taken to implement the recommendations
described in paragraph (3) of subsection (a); and
(2) the progress made toward implementing the matters
described in paragraphs (1), (2), and (4) of subsection (a).
(d) GAO REPORTS.—The Government Accountability Office shall
submit to Congress, for each of fiscal years 2007, 2009, and 2011,
a report with its assessment of the progress and effectiveness of
the PSI, which shall include an assessment of the measures referred
to in subsection (a).
SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE
COUNTRIES.

50 USC 2912.

(a) IN GENERAL.—The President is authorized to provide assistance under subsection (b) to any country that cooperates with
the United States and with other countries allied with the United
States to prevent the transport and transshipment of items of
proliferation concern in its national territory or airspace or in
vessels under its control or registry.
(b) TYPES OF ASSISTANCE.—The assistance authorized under
subsection (a) consists of the following:
(1) Assistance under section 23 of the Arms Export Control
Act (22 U.S.C. 2763).
(2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.)
and 5 (22 U.S.C. 2347 et seq.) of part II of the Foreign Assistance Act of 1961.
(3) Drawdown of defense excess defense articles and services under section 516 of the Foreign Assistance Act of 1961
(22 U.S.C. 2321j).
(c) CONGRESSIONAL NOTIFICATION.—Assistance authorized
under this section may not be provided until at least 30 days
after the date on which the President has provided notice thereof
to the Committee on Armed Services, the Committee on Foreign
Affairs, and the Committee on Appropriations of the House of
Representatives and the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations
of the Senate, in accordance with the procedures applicable to
reprogramming notifications under section 634A(a) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2394–1(a)), and has certified
to such committees that such assistance will be used in accordance
with the requirement of subsection (e) of this section.

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(d) LIMITATION.—Assistance may be provided to a country under
subsection (a) in no more than 3 fiscal years.
(e) USE OF ASSISTANCE.—Assistance provided under this section
shall be used to enhance the capability of the recipient country
to prevent the transport and transshipment of items of proliferation
concern in its national territory or airspace, or in vessels under
its control or registry, including through the development of a
legal framework in that country to enhance such capability by
criminalizing proliferation, enacting strict export controls, and
securing sensitive materials within its borders, and to enhance
the ability of the recipient country to cooperate in PSI operations.
(f) LIMITATION ON SHIP OR AIRCRAFT TRANSFERS.—
(1) LIMITATION.—Except as provided in paragraph (2), the
President may not transfer any excess defense article that
is a vessel or an aircraft to a country that has not agreed,
in connection with such transfer, that it will support and assist
efforts by the United States, consistent with international law,
to interdict items of proliferation concern until 30 days after
the date on which the President has provided notice of the
proposed transfer to the committees described in subsection
(c) in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2394–1(a)), in addition to any
other requirement of law.
(2) EXCEPTION.—The limitation in paragraph (1) shall not
apply to any transfer, not involving significant military equipment, in which the primary use of the aircraft or vessel will
be for counternarcotics, counterterrorism, or counterproliferation purposes.

Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism
50 USC 2921.

SEC. 1831. STATEMENT OF POLICY.

It shall be the policy of the United States, consistent with
the 9/11 Commission’s recommendations, to eliminate any obstacles
to timely obligating and executing the full amount of any appropriated funds for threat reduction and nonproliferation programs
in order to accelerate and strengthen progress on preventing
weapons of mass destruction (WMD) proliferation and terrorism.
Such policy shall be implemented with concrete measures, such
as those described in this title, including the removal and modification of statutory limits to executing funds, the expansion and
strengthening of the Proliferation Security Initiative, the establishment of the Office of the United States Coordinator for the Prevention of Weapons of Mass Destruction Proliferation and Terrorism
under subtitle D, and the establishment of the Commission on
the Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle E. As a result, Congress intends that
any funds authorized to be appropriated to programs for preventing
WMD proliferation and terrorism under this subtitle will be
executed in a timely manner.

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SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF DEFENSE COOPERATIVE THREAT REDUCTION
PROGRAM.

50 USC 2922.

(a) FISCAL YEAR 2008.—
(1) IN GENERAL.—Subject to paragraph (2), there are
authorized to be appropriated to the Department of Defense
Cooperative Threat Reduction Program such sums as may be
necessary for fiscal year 2008 for the following purposes:
(A) Chemical weapons destruction at Shchuch’ye,
Russia.
(B) Biological weapons proliferation prevention.
(C) Acceleration, expansion, and strengthening of
Cooperative Threat Reduction Program activities.
(2) LIMITATION.—The sums appropriated pursuant to paragraph (1) may not exceed the amounts authorized to be appropriated by any national defense authorization Act for fiscal
year 2008 (whether enacted before or after the date of the
enactment of this Act) to the Department of Defense Cooperative Threat Reduction Program for such purposes.
(b) FUTURE YEARS.—It is the sense of Congress that in fiscal
year 2008 and future fiscal years, the President should accelerate
and expand funding for Cooperative Threat Reduction programs
administered by the Department of Defense and such efforts should
include, beginning upon enactment of this Act, encouraging additional commitments by the Russian Federation and other partner
nations, as recommended by the 9/11 Commission.
SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY PROGRAMS TO PREVENT WEAPONS OF
MASS DESTRUCTION PROLIFERATION AND TERRORISM.

50 USC 2923.

(a) IN GENERAL.—Subject to subsection (b), there are authorized
to be appropriated to Department of Energy National Nuclear Security Administration Defense Nuclear Nonproliferation such sums
as may be necessary for fiscal year 2008 to accelerate, expand,
and strengthen the following programs to prevent weapons of mass
destruction (WMD) proliferation and terrorism:
(1) The Global Threat Reduction Initiative.
(2) The Nonproliferation and International Security program.
(3) The International Materials Protection, Control and
Accounting program.
(4) The Nonproliferation and Verification Research and
Development program.
(b) LIMITATION.—The sums appropriated pursuant to subsection
(a) may not exceed the amounts authorized to be appropriated
by any national defense authorization Act for fiscal year 2008
(whether enacted before or after the date of the enactment of
this Act) to Department of Energy National Nuclear Security
Administration Defense Nuclear Nonproliferation for such purposes.

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Subtitle D—Office of the United States Coordinator for the Prevention of Weapons
of Mass Destruction Proliferation and
Terrorism
50 USC 2931.

SEC. 1841. OFFICE OF THE UNITED STATES COORDINATOR FOR THE
PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.

(a) ESTABLISHMENT.—There is established within the Executive
Office of the President an office to be known as the ‘‘Office of
the United States Coordinator for the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism’’ (in this section
referred to as the ‘‘Office’’).
(b) OFFICERS.—
(1) UNITED STATES COORDINATOR.—The head of the Office
shall be the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in
this section referred to as the ‘‘Coordinator’’).
(2) DEPUTY UNITED STATES COORDINATOR.—There shall be
a Deputy United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in
this section referred to as the ‘‘Deputy Coordinator’’), who
shall—
(A) assist the Coordinator in carrying out the responsibilities of the Coordinator under this subtitle; and
(B) serve as Acting Coordinator in the absence of the
Coordinator and during any vacancy in the office of Coordinator.
(3) APPOINTMENT.—The Coordinator and Deputy Coordinator shall be appointed by the President, by and with the
advice and consent of the Senate, and shall be responsible
on a full-time basis for the duties and responsibilities described
in this section.
(4) LIMITATION.—No person shall serve as Coordinator or
Deputy Coordinator while serving in any other position in
the Federal Government.
(5) ACCESS BY CONGRESS.—The establishment of the Office
of the Coordinator within the Executive Office of the President
shall not be construed as affecting access by the Congress
or committees of either House to—
(A) information, documents, and studies in the possession of, or conducted by or at the direction of, the Coordinator; or
(B) personnel of the Office of the Coordinator.
(c) DUTIES.—The responsibilities of the Coordinator shall
include the following:
(1) Serving as the principal advisor to the President on
all matters relating to the prevention of weapons of mass
destruction (WMD) proliferation and terrorism.
(2) Formulating a comprehensive and well-coordinated
United States strategy and policies for preventing WMD proliferation and terrorism, including—
(A) measurable milestones and targets to which departments and agencies can be held accountable;

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(B) identification of gaps, duplication, and other inefficiencies in existing activities, initiatives, and programs and
the steps necessary to overcome these obstacles;
(C) plans for preserving the nuclear security investment the United States has made in Russia, the former
Soviet Union, and other countries;
(D) prioritized plans to accelerate, strengthen, and
expand the scope of existing initiatives and programs,
which include identification of vulnerable sites and material and the corresponding actions necessary to eliminate
such vulnerabilities;
(E) new and innovative initiatives and programs to
address emerging challenges and strengthen United States
capabilities, including programs to attract and retain top
scientists and engineers and strengthen the capabilities
of United States national laboratories;
(F) plans to coordinate United States activities, initiatives, and programs relating to the prevention of WMD
proliferation and terrorism, including those of the Department of Energy, the Department of Defense, the Department of State, and the Department of Homeland Security,
and including the Proliferation Security Initiative, the G–
8 Global Partnership Against the Spread of Weapons and
Materials of Mass Destruction, United Nations Security
Council Resolution 1540, and the Global Initiative to Combat Nuclear Terrorism;
(G) plans to strengthen United States commitments
to international regimes and significantly improve cooperation with other countries relating to the prevention of WMD
proliferation and terrorism, with particular emphasis on
work with the international community to develop laws
and an international legal regime with universal jurisdiction to enable any state in the world to interdict and
prosecute smugglers of WMD material, as recommended
by the 9/11 Commission; and
(H) identification of actions necessary to implement
the recommendations of the Commission on the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism established under subtitle E of this title.
(3) Leading inter-agency coordination of United States
efforts to implement the strategy and policies described in
this section.
(4) Conducting oversight and evaluation of accelerated and
strengthened implementation of initiatives and programs to
prevent WMD proliferation and terrorism by relevant government departments and agencies.
(5) Overseeing the development of a comprehensive and
coordinated budget for programs and initiatives to prevent
WMD proliferation and terrorism, ensuring that such budget
adequately reflects the priority of the challenges and is effectively executed, and carrying out other appropriate budgetary
authorities.
(d) STAFF.—The Coordinator may—
(1) appoint, employ, fix compensation, and terminate such
personnel as may be necessary to enable the Coordinator to
perform his or her duties under this title;

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121 STAT. 500

PUBLIC LAW 110–53—AUG. 3, 2007

(2) direct, with the concurrence of the Secretary of a department or head of an agency, the temporary reassignment within
the Federal Government of personnel employed by such department or agency, in order to implement United States policy
with regard to the prevention of WMD proliferation and terrorism;
(3) use for administrative purposes, on a reimbursable
basis, the available services, equipment, personnel, and facilities of Federal, State, and local agencies;
(4) procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code,
relating to appointments in the Federal Service, at rates of
compensation for individuals not to exceed the daily equivalent
of the rate of pay payable for a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code; and
(5) use the mails in the same manner as any other department or agency of the executive branch.
(e) CONSULTATION WITH COMMISSION.—The Office and the
Coordinator shall regularly consult with and strive to implement
the recommendations of the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism, established under subtitle E of this title.
(f) ANNUAL REPORT ON STRATEGIC PLAN.—For fiscal year 2009
and each fiscal year thereafter, the Coordinator shall submit to
Congress, at the same time as the submission of the budget for
that fiscal year under title 31, United States Code, a report on
the strategy and policies developed pursuant to subsection (c)(2),
together with any recommendations of the Coordinator for legislative changes that the Coordinator considers appropriate with respect
to such strategy and policies and their implementation or the Office
of the Coordinator.
(g) PARTICIPATION IN NATIONAL SECURITY COUNCIL AND HOMELAND SECURITY COUNCIL.—Section 101 of the National Security
Act of 1947 (50 U.S.C. 402) is amended—
(1) by redesignating the last subsection (added as ‘‘(i)’’
by section 301 of Public Law 105–292) as subsection (k); and
(2) by adding at the end the following:
‘‘(l) PARTICIPATION OF COORDINATOR FOR THE PREVENTION OF
WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.—
The United States Coordinator for the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism (or, in the Coordinator’s absence, the Deputy United States Coordinator) may, in the
performance of the Coordinator’s duty as principal advisor to the
President on all matters relating to the prevention of weapons
of mass destruction proliferation and terrorism, and, subject to
the direction of the President, attend and participate in meetings
of the National Security Council and the Homeland Security
Council.’’.
50 USC 2932.

SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION AND COORDINATION ON THE PREVENTION OF
WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM.

It is the sense of the Congress that, as soon as practical,
the President should engage the President of the Russian Federation in a discussion of the purposes and goals for the establishment

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121 STAT. 501

of the Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism (in
this section referred to as the ‘‘Office’’), the authorities and responsibilities of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in this
section referred to as the ‘‘United States Coordinator’’), and the
importance of strong cooperation between the United States Coordinator and a senior official of the Russian Federation having authorities and responsibilities for preventing weapons of mass destruction
proliferation and terrorism commensurate with those of the United
States Coordinator, and with whom the United States Coordinator
should coordinate planning and implementation of activities within
and outside of the Russian Federation having the purpose of preventing weapons of mass destruction proliferation and terrorism.

Subtitle E—Commission on the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION
OF WEAPONS OF MASS DESTRUCTION PROLIFERATION
AND TERRORISM.

There is established the Commission on the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism (in this
subtitle referred to as the ‘‘Commission’’).
SEC. 1852. PURPOSES OF COMMISSION.

(a) IN GENERAL.—The purposes of the Commission are to—
(1) assess current activities, initiatives, and programs to
prevent weapons of mass destruction proliferation and terrorism; and
(2) provide a clear and comprehensive strategy and concrete
recommendations for such activities, initiatives, and programs.
(b) IN PARTICULAR.—The Commission shall give particular
attention to activities, initiatives, and programs to secure all nuclear
weapons-usable material around the world and to significantly
accelerate, expand, and strengthen, on an urgent basis, United
States and international efforts to prevent, stop, and counter the
spread of nuclear weapons capabilities and related equipment, material, and technology to terrorists and states of concern.
SEC. 1853. COMPOSITION OF COMMISSION.

(a) MEMBERS.—The Commission shall be composed of 9 members, of whom—
(1) 1 member shall be appointed by the leader of the
Senate of the Democratic Party (majority or minority leader,
as the case may be), with the concurrence of the leader of
the House of Representatives of the Democratic party (majority
or minority leader as the case may be), who shall serve as
chairman of the Commission;
(2) 2 members shall be appointed by the senior member
of the Senate leadership of the Democratic party;
(3) 2 members shall be appointed by the senior member
of the Senate leadership of the Republican party;

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(4) 2 members shall be appointed by the senior member
of the leadership of the House of Representatives of the Democratic party; and
(5) 2 members shall be appointed by the senior member
of the leadership of the House of Representatives of the Republican party.
(b) QUALIFICATIONS.—It is the sense of Congress that individuals appointed to the Commission should be prominent United
States citizens, with significant depth of experience in the nonproliferation or arms control fields.
(c) DEADLINE FOR APPOINTMENT.—All members of the Commission shall be appointed within 90 days of the date of the enactment
of this Act.
(d) INITIAL MEETING.—The Commission shall meet and begin
the operations of the Commission as soon as practicable.
(e) QUORUM; VACANCIES.—After its initial meeting, the Commission shall meet upon the call of the chairman or a majority of
its members. Six members of the Commission shall constitute a
quorum. Any vacancy in the Commission shall not affect its powers,
but shall be filled in the same manner in which the original appointment was made.
SEC. 1854. RESPONSIBILITIES OF COMMISSION.

(a) IN GENERAL.—The Commission shall address—
(1) the roles, missions, and structure of all relevant government departments, agencies, and other actors, including the
Office of the United States Coordinator for the Prevention
of Weapons of Mass Destruction Proliferation and Terrorism
established under subtitle D of this title;
(2) inter-agency coordination;
(3) United States commitments to international regimes
and cooperation with other countries; and
(4) the threat of weapons of mass destruction proliferation
and terrorism to the United States and its interests and allies,
including the threat posed by black-market networks, and the
effectiveness of the responses by the United States and the
international community to such threats.
(b) FOLLOW-ON BAKER-CUTLER REPORT.—The Commission shall
also reassess, and where necessary update and expand on, the
conclusions and recommendations of the report titled ‘‘A Report
Card on the Department of Energy’s Nonproliferation Programs
with Russia’’ of January 2001 (also known as the ‘‘Baker-Cutler
Report’’) and implementation of such recommendations.
SEC. 1855. POWERS OF COMMISSION.

(a) HEARINGS AND EVIDENCE.—The Commission or, on the
authority of the Commission, any subcommittee or member thereof,
may, for the purpose of carrying out this subtitle, hold such hearings
and sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths as the Commission
or such designated subcommittee or designated member may determine advisable.
(b) CONTRACTING.—The Commission may, to such extent and
in such amounts as are provided in appropriations Acts, enter
into contracts to enable the Commission to discharge its duties
under this subtitle.
(c) STAFF OF COMMISSION.—

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121 STAT. 503

(1) APPOINTMENT AND COMPENSATION.—The chairman of
the Commission, in accordance with rules agreed upon by the
Commission, may appoint and fix the compensation of a staff
director and such other personnel as may be necessary to
enable the Commission to carry out its functions, without
regard to the provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard
to the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this subsection
may exceed the equivalent of that payable for a position at
level V of the Executive Schedule under section 5316 of title
5, United States Code.
(2) PERSONNEL AS FEDERAL EMPLOYEES.—
(A) IN GENERAL.—The executive director and any
employees of the Commission shall be employees under
section 2105 of title 5, United States Code, for purposes
of chapters 63, 81, 83, 84, 85, 87, 89, and 90 of that
title.
(B) MEMBERS OF COMMISSION.—Subparagraph (A) shall
not be construed to apply to members of the Commission.
(3) DETAILEES.—Any Federal Government employee may
be detailed to the Commission without reimbursement from
the Commission, and such detailee shall retain the rights,
status, and privileges of his or her regular employment without
interruption.
(4) CONSULTANT SERVICES.—The Commission may procure
the services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at rates not
to exceed the daily rate paid a person occupying a position
at level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
(5) EMPHASIS ON SECURITY CLEARANCES.—Emphasis shall
be made to hire employees and retain contractors and detailees
with active security clearances.
(d) INFORMATION FROM FEDERAL AGENCIES.—
(1) IN GENERAL.—The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or instrumentality of the Government, information, suggestions, estimates,
and statistics for the purposes of this subtitle. Each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates,
and statistics directly to the Commission, upon request made
by the chairman, the chairman of any subcommittee created
by a majority of the Commission, or any member designated
by a majority of the Commission.
(2) RECEIPT, HANDLING, STORAGE, AND DISSEMINATION.—
Information shall only be received, handled, stored, and
disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive
orders.
(e) ASSISTANCE FROM FEDERAL AGENCIES.—
(1) GENERAL SERVICES ADMINISTRATION.—The Administrator of General Services shall provide to the Commission

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on a reimbursable basis administrative support and other services for the performance of the Commission’s functions.
(2) OTHER DEPARTMENTS AND AGENCIES.—In addition to
the assistance prescribed in paragraph (1), departments and
agencies of the United States may provide to the Commission
such services, funds, facilities, staff, and other support services
as they may determine advisable and as may be authorized
by law.
(f) GIFTS.—The Commission may accept, use, and dispose of
gifts or donations of services or property.
(g) POSTAL SERVICES.—The Commission may use the United
States mails in the same manner and under the same conditions
as departments and agencies of the United States.
SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE
ACT.

(a) IN GENERAL.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to the Commission.
(b) PUBLIC MEETINGS AND RELEASE OF PUBLIC VERSIONS OF
REPORTS.—The Commission shall—
(1) hold public hearings and meetings to the extent appropriate; and
(2) release public versions of the report required under
section 1857.
(c) PUBLIC HEARINGS.—Any public hearings of the Commission
shall be conducted in a manner consistent with the protection
of information provided to or developed for or by the Commission
as required by any applicable statute, regulation, or Executive
order.
SEC. 1857. REPORT.

Not later than 180 days after the appointment of the Commission, the Commission shall submit to the President and Congress
a final report containing such findings, conclusions, and recommendations for corrective measures as have been agreed to by
a majority of Commission members.
SEC. 1858. TERMINATION.

(a) IN GENERAL.—The Commission, and all the authorities of
this subtitle, shall terminate 60 days after the date on which
the final report is submitted under section 1857.
(b) ADMINISTRATIVE ACTIVITIES BEFORE TERMINATION.—The
Commission may use the 60-day period referred to in subsection
(a) for the purpose of concluding its activities, including providing
testimony to committees of Congress concerning its report and
disseminating the final report.
SEC. 1859. FUNDING.

(a) IN GENERAL.—There are authorized to be appropriated such
sums as may be necessary for the purposes of the activities of
the Commission under this title.
(b) DURATION OF AVAILABILITY.—Amounts made available to
the Commission under subsection (a) shall remain available until
the termination of the Commission.

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121 STAT. 505

TITLE XIX—INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH
INTERNATIONAL COOPERATION.

6 USC 195c note.

(a) FINDINGS.—Congress finds the following:
(1) The development and implementation of technology is
critical to combating terrorism and other high consequence
events and implementing a comprehensive homeland security
strategy.
(2) The United States and its allies in the global war
on terrorism share a common interest in facilitating research,
development, testing, and evaluation of equipment, capabilities,
technologies, and services that will aid in detecting, preventing,
responding to, recovering from, and mitigating against acts
of terrorism.
(3) Certain United States allies in the global war on terrorism, including Israel, the United Kingdom, Canada, Australia, and Singapore have extensive experience with, and
technological expertise in, homeland security.
(4) The United States and certain of its allies in the global
war on terrorism have a history of successful collaboration
in developing mutually beneficial equipment, capabilities, technologies, and services in the areas of defense, agriculture, and
telecommunications.
(5) The United States and its allies in the global war
on terrorism will mutually benefit from the sharing of technological expertise to combat domestic and international terrorism.
(6) The establishment of an office to facilitate and support
cooperative endeavors between and among government agencies, for-profit business entities, academic institutions, and nonprofit entities of the United States and its allies will safeguard
lives and property worldwide against acts of terrorism and
other high consequence events.
(b) PROMOTING ANTITERRORISM THROUGH INTERNATIONAL
COOPERATION ACT.—
(1) IN GENERAL.—Title III of the Homeland Security Act
of 2002 (6 U.S.C. 181 et seq.) is amended by adding after
section 316, as added by section 1101 of this Act, the following:
‘‘SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL
COOPERATION PROGRAM.

6 USC 195c.

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) DIRECTOR.—The term ‘Director’ means the Director
selected under subsection (b)(2).
‘‘(2) INTERNATIONAL COOPERATIVE ACTIVITY.—The term
‘international cooperative activity’ includes—
‘‘(A) coordinated research projects, joint research
projects, or joint ventures;
‘‘(B) joint studies or technical demonstrations;
‘‘(C) coordinated field exercises, scientific seminars,
conferences, symposia, and workshops;
‘‘(D) training of scientists and engineers;

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‘‘(E) visits and exchanges of scientists, engineers, or
other appropriate personnel;
‘‘(F) exchanges or sharing of scientific and technological
information; and
‘‘(G) joint use of laboratory facilities and equipment.
‘‘(b) SCIENCE AND TECHNOLOGY HOMELAND SECURITY INTERNATIONAL COOPERATIVE PROGRAMS OFFICE.—
‘‘(1) ESTABLISHMENT.—The Under Secretary shall establish
the Science and Technology Homeland Security International
Cooperative Programs Office.
‘‘(2) DIRECTOR.—The Office shall be headed by a Director,
who—
‘‘(A) shall be selected, in consultation with the Assistant Secretary for International Affairs, by and shall report
to the Under Secretary; and
‘‘(B) may be an officer of the Department serving in
another position.
‘‘(3) RESPONSIBILITIES.—
‘‘(A) DEVELOPMENT OF MECHANISMS.—The Director
shall be responsible for developing, in coordination with
the Department of State and, as appropriate, the Department of Defense, the Department of Energy, and other
Federal agencies, understandings and agreements to allow
and to support international cooperative activity in support
of homeland security.
‘‘(B) PRIORITIES.—The Director shall be responsible for
developing, in coordination with the Office of International
Affairs and other Federal agencies, strategic priorities for
international cooperative activity for the Department in
support of homeland security.
‘‘(C) ACTIVITIES.—The Director shall facilitate the planning, development, and implementation of international
cooperative activity to address the strategic priorities developed under subparagraph (B) through mechanisms the
Under Secretary considers appropriate, including grants,
cooperative agreements, or contracts to or with foreign
public or private entities, governmental organizations,
businesses (including small businesses and socially and
economically disadvantaged small businesses (as those
terms are defined in sections 3 and 8 of the Small Business
Act (15 U.S.C. 632 and 637), respectively)), federally funded
research and development centers, and universities.
‘‘(D) IDENTIFICATION OF PARTNERS.—The Director shall
facilitate the matching of United States entities engaged
in homeland security research with non-United States entities engaged in homeland security research so that they
may partner in homeland security research activities.
‘‘(4) COORDINATION.—The Director shall ensure that the
activities under this subsection are coordinated with the Office
of International Affairs and the Department of State and, as
appropriate, the Department of Defense, the Department of
Energy, and other relevant Federal agencies or interagency
bodies. The Director may enter into joint activities with other
Federal agencies.
‘‘(c) MATCHING FUNDING.—
‘‘(1) IN GENERAL.—

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‘‘(A) EQUITABILITY.—The Director shall 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,
funding of complementary activities, or the provision of
staff, facilities, material, or equipment.
‘‘(B) GRANT MATCHING AND REPAYMENT.—
‘‘(i) IN GENERAL.—The Secretary may require a
recipient of a grant under this section—
‘‘(I) to make a matching contribution of not
more than 50 percent of the total cost of the proposed project for which the grant is awarded; and
‘‘(II) to repay to the Secretary the amount
of the grant (or a portion thereof), interest on
such amount at an appropriate rate, and such
charges for administration of the grant as the Secretary determines appropriate.
‘‘(ii) MAXIMUM AMOUNT.—The Secretary may not
require that repayment under clause (i)(II) be more
than 150 percent of the amount of the grant, adjusted
for inflation on the basis of the Consumer Price Index.
‘‘(2) FOREIGN PARTNERS.—Partners may include Israel, the
United Kingdom, Canada, Australia, Singapore, and other allies
in the global war on terrorism as determined to be appropriate
by the Secretary of Homeland Security and the Secretary of
State.
‘‘(3) LOANS OF EQUIPMENT.—The Director may make or
accept loans of equipment for research and development and
comparative testing purposes.
‘‘(d) FOREIGN REIMBURSEMENTS.—If the Science and Technology
Homeland Security International Cooperative Programs Office
participates in an international cooperative activity with a foreign
partner on a cost-sharing basis, any reimbursements or contributions received from that foreign partner to meet its share of the
project may be credited to appropriate current appropriations
accounts of the Directorate of Science and Technology.
‘‘(e) REPORT TO CONGRESS ON INTERNATIONAL COOPERATIVE
ACTIVITIES.—Not later than one year after the date of enactment
of this section, and every 5 years thereafter, the Under Secretary,
acting through the Director, shall submit to Congress a report
containing—
‘‘(1) a brief description of each grant, cooperative agreement, or contract made or entered into under subsection
(b)(3)(C), including the participants, goals, and amount and
sources of funding; and
‘‘(2) a list of international cooperative activities underway,
including the participants, goals, expected duration, and
amount and sources of funding, including resources provided
to support the activities in lieu of direct funding.
‘‘(f) ANIMAL AND ZOONOTIC DISEASES.—As part of the international cooperative activities authorized in this section, the Under
Secretary, in coordination with the Chief Medical Officer, the
Department of State, and appropriate officials of the Department
of Agriculture, the Department of Defense, and the Department
of Health and Human Services, may enter into cooperative activities
with foreign countries, including African nations, to strengthen

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American preparedness against foreign animal and zoonotic diseases overseas that could harm the Nation’s agricultural and public
health sectors if they were to reach the United States.
‘‘(g) CONSTRUCTION; AUTHORITIES OF THE SECRETARY OF
STATE.—Nothing in this section shall be construed to alter or affect
the following provisions of law:
‘‘(1) Title V of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
‘‘(2) Section 112b(c) of title 1, United States Code.
‘‘(3) Section 1(e)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(e)(2)).
‘‘(4) Sections 2 and 27 of the Arms Export Control Act
(22 U.S.C. 2752 and 22 U.S.C. 2767).
‘‘(5) Section 622(c) of the Foreign Assistance Act of 1961
(22 U.S.C. 2382(c)).
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to carry out this section such sums as are
necessary.’’.
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table
of contents in section 1(b) of the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.) is amended by inserting after
the item relating to section 316, as added by section 1101
of this Act, the following:
‘‘Sec. 317. Promoting antiterrorism through international cooperation program.’’.
6 USC 195c note.

SEC. 1902. TRANSPARENCY OF FUNDS.

For each Federal award (as that term is defined in section
2 of the Federal Funding Accountability and Transparency Act
of 2006 (31 U.S.C. 6101 note)) under this title or an amendment
made by this title, the Director of the Office of Management and
Budget shall ensure full and timely compliance with the requirements of the Federal Funding Accountability and Transparency
Act of 2006 (31 U.S.C. 6101 note).

TITLE XX—9/11 COMMISSION
INTERNATIONAL IMPLEMENTATION

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22 USC 2151
note.

SEC. 2001. SHORT TITLE.

22 USC 2151
note.

SEC. 2002. DEFINITION.

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This title may be cited as the ‘‘9/11 Commission International
Implementation Act of 2007’’.
In this title, except as otherwise provided, the term ‘‘appropriate
congressional committees’’—
(1) means—
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives;
and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and
(2) includes, for purposes of subtitle D, the Committees
on Armed Services of the House of Representatives and of
the Senate.

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121 STAT. 509

Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries.
SEC. 2011. FINDINGS; POLICY.

(a) FINDINGS.—Congress makes the following findings:
(1) The report of the National Commission on Terrorist
Attacks Upon the United States stated that ‘‘[e]ducation that
teaches tolerance, the dignity and value of each individual,
and respect for different beliefs is a key element in any global
strategy to eliminate Islamist terrorism’’.
(2) The report of the National Commission on Terrorist
Attacks Upon the United States concluded that ensuring educational opportunity is essential to the efforts of the United
States to defeat global terrorism and recommended that the
United States Government ‘‘should offer to join with other
nations in generously supporting [spending funds] . . . directly
for building and operating primary and secondary schools in
those Muslim states that commit to sensibly investing their
own money in public education’’.
(3) While Congress endorsed such a program in the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
Law 108–458), such a program has not been established.
(b) POLICY.—It is the policy of the United States—
(1) to work toward the goal of dramatically increasing
the availability of modern basic education through public
schools in predominantly Muslim countries, which will reduce
the influence of radical madrassas and other institutions that
promote religious extremism;
(2) to join with other countries in generously supporting
the International Muslim Youth Opportunity Fund authorized
under section 7114 of the Intelligence Reform and Terrorism
Prevention Act of 2004, as amended by section 2012 of this
Act, with the goal of building and supporting public primary
and secondary schools in predominantly Muslim countries that
commit to sensibly investing the resources of such countries
in modern public education;
(3) to offer additional incentives to increase the availability
of modern basic education in predominantly Muslim countries;
and
(4) to work to prevent financing of educational institutions
that support radical Islamic fundamentalism.

22 USC 2228
note.

SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

Section 7114 of the Intelligence Reform and Terrorism Prevention Act of 2004 (22 U.S.C. 2228) is amended to read as follows:
‘‘SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.

‘‘(a) PURPOSE.—The purpose of this section is to strengthen
the public educational systems in predominantly Muslim countries
by—
‘‘(1) authorizing the establishment of an International
Muslim Youth Educational Fund through which the United
States dedicates resources, either through a separate fund or

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through an international organization, to assist those countries
that commit to education reform; and
‘‘(2) providing resources for the Fund and to the President
to help strengthen the public educational systems in those
countries.
‘‘(b) ESTABLISHMENT OF FUND.—
‘‘(1) AUTHORITY.—The President is authorized to establish
an International Muslim Youth Opportunity Fund and to carry
out programs consistent with paragraph (4) under existing
authorities, including the Mutual Educational and Cultural
Exchange Act of 1961 (commonly referred to as the ‘FulbrightHays Act’).
‘‘(2) LOCATION.—The Fund may be established—
‘‘(A) as a separate fund in the Treasury; or
‘‘(B) through an international organization or international financial institution, such as the United Nations
Educational, Science and Cultural Organization, the United
Nations Development Program, or the International Bank
for Reconstruction and Development.
‘‘(3) TRANSFERS AND RECEIPTS.—The head of any department, agency, or instrumentality of the United States Government may transfer any amount to the Fund, and the Fund
may receive funds from private enterprises, foreign countries,
or other entities.
‘‘(4) ACTIVITIES OF THE FUND.—The Fund shall support
programs described in this paragraph to improve the education
environment in predominantly Muslim countries.
‘‘(A) ASSISTANCE TO ENHANCE MODERN EDUCATIONAL
PROGRAMS.—
‘‘(i) The establishment in predominantly Muslim
countries of a program of reform to create a modern
education curriculum in the public educational systems
in such countries.
‘‘(ii) The establishment or modernization of educational materials to advance a modern educational
curriculum in such systems.
‘‘(iii) Teaching English to adults and children.
‘‘(iv) The enhancement in predominantly Muslim
countries of community, family, and student participation in the formulation and implementation of education strategies and programs in such countries.
‘‘(B) ASSISTANCE FOR TRAINING AND EXCHANGE PROGRAMS FOR TEACHERS, ADMINISTRATORS, AND STUDENTS.—
‘‘(i) The establishment of training programs for
teachers and educational administrators to enhance
skills, including the establishment of regional centers
to train individuals who can transfer such skills upon
return to their countries.
‘‘(ii) The establishment of exchange programs for
teachers and administrators in predominantly Muslim
countries and with other countries to stimulate additional ideas and reform throughout the world, including
teacher training exchange programs focused on primary school teachers in such countries.
‘‘(iii) The establishment of exchange programs for
primary and secondary students in predominantly
Muslim countries and with other countries to foster

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understanding and tolerance and to stimulate longstanding relationships.
‘‘(C) ASSISTANCE TARGETING PRIMARY AND SECONDARY
STUDENTS.—
‘‘(i) The establishment in predominantly Muslim
countries of after-school programs, civic education programs, and education programs focusing on life skills,
such as inter-personal skills and social relations and
skills for healthy living, such as nutrition and physical
fitness.
‘‘(ii) The establishment in predominantly Muslim
countries of programs to improve the proficiency of
primary and secondary students in information technology skills.
‘‘(D) ASSISTANCE FOR DEVELOPMENT OF YOUTH PROFESSIONALS.—
‘‘(i) The establishment of programs in predominantly Muslim countries to improve vocational training
in trades to help strengthen participation of Muslims
and Arabs in the economic development of their countries.
‘‘(ii) The establishment of programs in predominantly Muslim countries that target older Muslim
youths not in school in such areas as entrepreneurial
skills, accounting, micro-finance activities, work
training, financial literacy, and information technology.
‘‘(E) OTHER TYPES OF ASSISTANCE.—
‘‘(i) The translation of foreign books, newspapers,
reference guides, and other reading materials into local
languages.
‘‘(ii) The construction and equipping of modern
community and university libraries.
‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(A) IN GENERAL.—There is authorized to be appropriated to the President to carry out this section such
sums as may be necessary for fiscal years 2008, 2009,
and 2010.
‘‘(B) AVAILABILITY.—Amounts appropriated pursuant to
the authorization of appropriations under subsection (a)
are authorized to remain available until expended.
‘‘(C) ADDITIONAL FUNDS.—Amounts authorized to be
appropriated under subsection (a) shall be in addition to
amounts otherwise available for such purposes.
‘‘(6) REPORT TO CONGRESS.—Not later than 180 days after
the date of the enactment of this section and annually thereafter until January 30, 2010, the President shall submit to
the appropriate congressional committees a report on United
States efforts to assist in the improvement of educational
opportunities for predominantly Muslim children and youths,
including the progress made toward establishing the International Muslim Youth Opportunity Fund.
‘‘(7) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—
In this subsection, the term ‘appropriate congressional committees’ means the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and
the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.’’.

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SEC. 2013. ANNUAL REPORT TO CONGRESS.

(a) IN GENERAL.—Not later than June 1 of each year until
December 31, 2009, the Secretary of State shall submit to the
appropriate congressional committees a report on the efforts of
predominantly Muslim countries to increase the availability of
modern basic education and to close educational institutions that
promote religious extremism and terrorism.
(b) CONTENTS.—Each report shall include—
(1) a list of predominantly Muslim countries that are
making serious and sustained efforts to improve the availability
of modern basic education and to close educational institutions
that promote religious extremism and terrorism;
(2) a list of such countries that are making efforts to
improve the availability of modern basic education and to close
educational institutions that promote religious extremism and
terrorism, but such efforts are not serious and sustained;
(3) a list of such countries that are not making efforts
to improve the availability of modern basic education and to
close educational institutions that promote religious extremism
and terrorism; and
(4) an assessment for each country specified in each of
paragraphs (1), (2), and (3) of the role of United States assistance with respect to the efforts made or not made to improve
the availability of modern basic education and close educational
institutions that promote religious extremism and terrorism.
22 USC 2452c
note.

SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM
COUNTRIES TO PROVIDE SCHOLARSHIPS.

(a) FINDINGS.—Congress finds the following:
(1) Section 7113 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108–458; 22 U.S.C. 2452
note) authorized the establishment of a pilot program to provide
grants to American-sponsored schools in predominantly Muslim
countries so that such schools could provide scholarships to
young people from lower-income and middle-income families
in such countries to attend such schools, where they could
improve their English and be exposed to a modern education.
(2) Since the date of the enactment of that section, the
Middle East Partnership Initiative has pursued implementation
of that program.
(b) EXTENSION OF PROGRAM.—
(1) IN GENERAL.—Section 7113 of the Intelligence Reform
and Terrorism Prevention Act of 2004 is amended—
(A) in the section heading by striking ‘‘PILOT’’; and
(B) in subsection (c)—
(i) in the subsection heading, by striking ‘‘PILOT’’;
and
(ii) by striking ‘‘pilot’’;
(C) in subsection (d), by striking ‘‘pilot’’ each place
it appears;
(D) in subsection (f) by striking ‘‘pilot’’;
(E) in subsection (g), in the first sentence—
(i) by inserting ‘‘and April 15, 2008,’’ after ‘‘April
15, 2006,’’; and
(ii) by striking ‘‘pilot’’; and
(F) in subsection (h)—

22 USC 2452
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(i) by striking ‘‘2005 and 2006’’ and inserting ‘‘2007
and 2008’’; and
(ii) by striking ‘‘pilot’’.
(2) CONFORMING AMENDMENT.—Section 1(b) of such Act
is amended, in the table of contents, by striking the item
relating to section 7113 and inserting after section 7112 the
following new item:
‘‘7113. Program to provide grants to American-sponsored schools in predominantly
Muslim countries to provide scholarships.’’.

Subtitle B—Democracy and Development
in the Broader Middle East Region
SEC. 2021. MIDDLE EAST FOUNDATION.

(a) PURPOSES.—The purposes of this section are to support,
through the provision of grants, technical assistance, training, and
other programs, in the countries of the broader Middle East region,
the expansion of—
(1) civil society;
(2) opportunities for political participation for all citizens;
(3) protections for internationally recognized human rights,
including the rights of women;
(4) educational system reforms;
(5) independent media;
(6) policies that promote economic opportunities for citizens;
(7) the rule of law; and
(8) democratic processes of government.
(b) MIDDLE EAST FOUNDATION.—
(1) DESIGNATION.—The Secretary of State is authorized
to designate an appropriate private, nonprofit organization that
is organized or incorporated under the laws of the United
States or of a State as the Middle East Foundation (referred
to in this section as the ‘‘Foundation’’).
(2) FUNDING.—
(A) AUTHORITY.—The Secretary of State is authorized
to provide funding to the Foundation through the Middle
East Partnership Initiative of the Department of State.
Notwithstanding any other provision of law, the Foundation
shall use amounts provided under this paragraph to carry
out the purposes specified in subsection (a), including
through making grants, using such funds as an endowment,
and providing other assistance to entities to carry out
programs for such purposes.
(B) FUNDING FROM OTHER SOURCES.—In determining
the amount of funding to provide to the Foundation, the
Secretary of State shall take into consideration the amount
of funds that the Foundation has received from sources
other than the United States Government.
(3) NOTIFICATION TO CONGRESSIONAL COMMITTEES.—The
Secretary of State shall notify the appropriate congressional
committees of the designation of an appropriate organization
as the Foundation.
(c) GRANTS FOR PROJECTS.—
(1) FOUNDATION TO MAKE GRANTS.—The Secretary of State
shall enter into an agreement with the Foundation that requires

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the Foundation to use the funds provided under subsection
(b)(2) to make grants to persons or entities (other than governments or government entities) located in the broader Middle
East region or working with local partners based in the broader
Middle East region to carry out projects that support the purposes specified in subsection (a).
(2) CENTER FOR PUBLIC POLICY.—Under the agreement
described in paragraph (1), the Foundation may make a grant
to an institution of higher education located in the broader
Middle East region to create a center for public policy for
the purpose of permitting scholars and professionals from the
countries of the broader Middle East region and from other
countries, including the United States, to carry out research,
training programs, and other activities to inform public policymaking in the broader Middle East region and to promote
broad economic, social, and political reform for the people of
the broader Middle East region.
(3) APPLICATIONS FOR GRANTS.—An entity seeking a grant
from the Foundation under this section shall submit an application to the head of the Foundation at such time, in such
manner, and containing such information as the head of the
Foundation may reasonably require.
(d) PRIVATE CHARACTER OF THE FOUNDATION.—Nothing in this
section shall be construed to—
(1) make the Foundation an agency or establishment of
the United States Government, or to make the officers or
employees of the Foundation officers or employees of the United
States for purposes of title 5, United States Code; or
(2) impose any restriction on the Foundation’s acceptance
of funds from private and public sources in support of its
activities consistent with the purposes specified in subsection
(a).
(e) LIMITATION ON PAYMENTS TO FOUNDATION PERSONNEL.—
No part of the funds provided to the Foundation under this section
shall inure to the benefit of any officer or employee of the Foundation, except as salary or reasonable compensation for services.
(f) RETENTION OF INTEREST.—The Foundation may hold funds
provided under this section in interest-bearing accounts prior to
the disbursement of such funds to carry out the purposes specified
in subsection (a), and may retain for such purposes any interest
earned without returning such interest to the Treasury of the
United States. The Foundation may retain and use such funds
as an endowment to carry out the purposes specified in subsection
(a).
(g) FINANCIAL ACCOUNTABILITY.—
(1) INDEPENDENT PRIVATE AUDITS OF THE FOUNDATION.—
The accounts of the Foundation shall be audited annually in
accordance with generally accepted auditing standards by independent certified public accountants or independent licensed
public accountants certified or licensed by a regulatory
authority of a State or other political subdivision of the United
States. The report of the independent audit shall be included
in the annual report required by subsection (h).
(2) GAO AUDITS.—The financial transactions undertaken
pursuant to this section by the Foundation may be audited
by the Government Accountability Office in accordance with

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such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of
the United States.
(3) AUDITS OF GRANT RECIPIENTS.—
(A) IN GENERAL.—A recipient of a grant from the
Foundation shall agree to permit an audit of the books
and records of such recipient related to the use of the
grant funds.
(B) RECORDKEEPING.—Such recipient shall maintain
appropriate books and records to facilitate an audit referred
to in subparagraph (A), including—
(i) separate accounts with respect to the grant
funds;
(ii) records that fully disclose the use of the grant
funds;
(iii) records describing the total cost of any project
carried out using grant funds; and
(iv) the amount and nature of any funds received
from other sources that were combined with the grant
funds to carry out a project.
(h) ANNUAL REPORTS.—Not later than January 31, 2008, and
annually thereafter, the Foundation shall submit to the appropriate
congressional committees and make available to the public a report
that includes, for the fiscal year prior to the fiscal year in which
the report is submitted, a comprehensive and detailed description
of—
(1) the operations and activities of the Foundation that
were carried out using funds provided under this section;
(2) grants made by the Foundation to other entities with
funds provided under this section;
(3) other activities of the Foundation to further the purposes specified in subsection (a); and
(4) the financial condition of the Foundation.
(i) BROADER MIDDLE EAST REGION DEFINED.—In this section,
the term ‘‘broader Middle East region’’ means Afghanistan, Algeria,
Bahrain, Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya,
Morocco, Oman, Pakistan, Qatar, Saudi Arabia, Syria, Tunisia,
United Arab Emirates, West Bank and Gaza, and Yemen.
(j) REPEAL.—Section 534(k) of Public Law 109–102 is repealed.

Subtitle C—Reaffirming United States
Moral Leadership
SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC
DIPLOMACY.

22 USC 6216
note.

(a) FINDING.—Congress finds that the report of the National
Commission on Terrorist Attacks Upon the United States stated
that ‘‘Recognizing that Arab and Muslim audiences rely on satellite
television and radio, the government has begun some promising
initiatives in television and radio broadcasting to the Arab world,
Iran, and Afghanistan. These efforts are beginning to reach large
audiences. The Broadcasting Board of Governors has asked for
much larger resources. It should get them.’’.
(b) SENSE OF CONGRESS.—It is the sense of Congress that—

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(1) the United States needs to improve its communication
of information and ideas to people in foreign countries, particularly in countries with significant Muslim populations; and
(2) public diplomacy should reaffirm the paramount
commitment of the United States to democratic principles,
including preserving the civil liberties of all the people of the
United States, including Muslim-Americans.
(c) SPECIAL AUTHORITY FOR SURGE CAPACITY.—The United
States International Broadcasting Act of 1994 (22 U.S.C. 6201 et
seq.) is amended by adding at the end the following new section:
22 USC 6216.

‘‘SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.

‘‘(a) EMERGENCY AUTHORITY.—
‘‘(1) IN GENERAL.—Whenever the President determines it
to be important to the national interests of the United States
and so certifies to the appropriate congressional committees,
the President, on such terms and conditions as the President
may determine, is authorized to direct any department, agency,
or other entity of the United States to furnish the Broadcasting
Board of Governors with such assistance outside the United
States as may be necessary to provide international broadcasting activities of the United States with a surge capacity
to support United States foreign policy objectives during a
crisis abroad.
‘‘(2) SUPERSEDES EXISTING LAW.—The authority of paragraph (1) shall supersede any other provision of law.
‘‘(3) SURGE CAPACITY DEFINED.—In this subsection, the term
‘surge capacity’ means the financial and technical resources
necessary to carry out broadcasting activities in a geographical
area during a crisis abroad.
‘‘(4) DURATION.—The President is authorized to exercise
the authority provided in subsection (a)(1) for a period of up
to six months, which may be renewed for one additional six
month period.
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be appropriated
to the President such sums as may be necessary for the President to carry out this section, except that no such amount
may be appropriated which, when added to amounts previously
appropriated for such purpose but not yet obligated, would
cause such amounts to exceed $25,000,000.
‘‘(2) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant to the authorization of appropriations in this subsection
are authorized to remain available until expended.
‘‘(3) DESIGNATION OF APPROPRIATIONS.—Amounts appropriated pursuant to the authorization of appropriations in this
subsection may be referred to as the ‘United States International Broadcasting Surge Capacity Fund’.
‘‘(c) REPORT.—The annual report submitted to the President
and Congress by the Broadcasting Board of Governors under section
305(a)(9) shall provide a detailed description of any activities carried
out under this section.’’.
22 USC 6204
note.
Deadline.

SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING.

(a) TRANSCRIPTION OF PERSIAN AND ARABIC LANGUAGE BROADCASTS.—Not later than 90 days after the date of the enactment
of this Act, the Broadcasting Board of Governors shall initiate
a pilot project to transcribe into the English language news and

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information programming broadcast by Radio Farda, Radio Sawa,
the Persian Service of the Voice of America, and Alhurra.
(b) RANDOM SAMPLING; PUBLIC AVAILABILITY.—The transcription required under subsection (a) shall consist of a random
sampling of such programming. The transcripts shall be available
to Congress and the public on the Internet site of the Board.
(c) REPORT.—Not later than May 1, 2008, the Chairman of
the Broadcasting Board of Governors shall submit to the Committee
on Foreign Affairs of the House of Representatives and Committee
on Foreign Relations of the Senate a report on the feasibility and
utility of continuing the pilot project required under subsection
(a).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to the ‘‘International Broadcasting Operations’’
account of the Broadcasting Board of Governors $2,000,000 for
fiscal year 2008 to carry out the pilot project required under subsection (a).
SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE,
AND LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM
COUNTRIES.

(a) REPORT; CERTIFICATION.—Not later than 30 days after the
date of the enactment of this Act and every 180 days thereafter
until December 31, 2009, the Secretary of State shall submit to
the appropriate congressional committees a report on the recommendations of the National Commission on Terrorist Attacks
Upon the United States and the policy goals described in section
7112 of the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108–458) for expanding United States scholarship,
exchange, and library programs in predominantly Muslim countries.
Such report shall include—
(1) a certification by the Secretary of State that such recommendations have been implemented; or
(2) if the Secretary of State is unable to make the certification described in paragraph (1), a description of—
(A) the steps taken to implement such recommendations and achieve such policy goals;
(B) when the Secretary of State expects such recommendations to be implemented and such policy goals
to be achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy
goals.
(b) TERMINATION OF DUTY TO REPORT.—The duty to submit
a report under subsection (a) shall terminate when the Secretary
of State submits a certification pursuant to paragraph (1) of such
subsection.
SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES.

(a) FINDINGS.—Congress finds the following:
(1) The National Commission on Terrorist Attacks Upon
the United States (commonly referred to as the ‘‘9/11 Commission’’) declared that the United States ‘‘should work with friends
to develop mutually agreed-on principles for the detention and
humane treatment of captured international terrorists who are
not being held under a particular country’s criminal laws’’
and recommended that the United States engage its allies

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‘‘to develop a common coalition approach toward the detention
and humane treatment of captured terrorists’’.
(2) A number of investigations remain ongoing by countries
that are close United States allies in the war on terrorism
regarding the conduct of officials, employees, and agents of
the United States and of other countries related to conduct
regarding detainees.
(3) The Secretary of State has launched an initiative to
try to address the differences between the United States and
many of its allies regarding the treatment of detainees.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary, acting through the Legal Adviser of the Department
of State, should continue to build on the Secretary’s efforts to
engage United States allies to develop a common coalition approach,
in compliance with Common Article 3 of the Geneva Conventions
and other applicable legal principles, toward the detention and
humane treatment of individuals detained during Operation Iraqi
Freedom, Operation Enduring Freedom, or in connection with
United States counterterrorist operations.
(c) REPORTING TO CONGRESS.—
(1) BRIEFINGS.—The Secretary of State shall keep the
appropriate congressional committees fully and currently
informed of the progress of any discussions between the United
States and its allies regarding the development of the common
coalition approach described in subsection (b).
(2) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in consultation
with the Attorney General and the Secretary of Defense, shall
submit to the appropriate congressional committees a report
on any progress towards developing the common coalition
approach described in subsection (b).
(d) DEFINITION.—In this section, the term ‘‘appropriate congressional committees’’ means—
(1) with respect to the House of Representatives, the Committee on Foreign Affairs, the Committee on Armed Services,
the Committee on the Judiciary, and the Permanent Select
Committee on Intelligence; and
(2) with respect to the Senate, the Committee on Foreign
Relations, the Committee on Armed Services, the Committee
on the Judiciary, and the Select Committee on Intelligence.
Taliban.
al Qaeda.

42 USC 7511
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Subtitle D—Strategy for the United States
Relationship With Afghanistan, Pakistan,
and Saudi Arabia
SEC. 2041. AFGHANISTAN.

(a) CONGRESSIONAL FINDINGS.—Congress finds the following:
(1) A democratic, stable, and prosperous Afghanistan is
vital to the national security of the United States and to combating international terrorism.
(2) Following the ouster of the Taliban regime in 2001,
the Government of Afghanistan, with assistance from the
United States and the international community, has achieved
some notable successes, including—
(A) adopting a constitution;

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(B) holding presidential, parliamentary, and provincial
council elections;
(C) improving the protection of human rights, including
women’s rights; and
(D) expanding educational opportunities.
(3) The following factors pose a serious and immediate
threat to the stability of Afghanistan:
(A) Taliban and anti-government forces, al Qaeda, and
criminal networks.
(B) Drug trafficking and corruption.
(C) Weak institutions of administration, security, and
justice, including pervasive lack of the rule of law.
(D) Poverty, unemployment, and lack of provision of
basic services.
(4) The United States and the international community
must significantly increase political, economic, and military
support to Afghanistan to ensure its long-term stability and
prosperity, and to deny violent extremist groups such as al
Qaeda sanctuary in Afghanistan.
(b) STATEMENTS OF POLICY.—The following shall be the policies
of the United States:
(1) The United States shall vigorously support the people
and Government of Afghanistan as they continue to commit
to the path toward a government representing and protecting
the rights of all Afghans, and shall maintain its long-term
commitment to the people of Afghanistan by increased assistance and the continued deployment of United States troops
in Afghanistan as long as the Government of Afghanistan supports such United States involvement.
(2) In order to reduce the ability of the Taliban and al
Qaeda to finance their operations through the opium trade,
the President shall engage aggressively with the Government
of Afghanistan, countries in the region or otherwise influenced
by the trade and transit of narcotics, as well as North Atlantic
Treaty Organization (NATO) partners of the United States,
and in consultation with Congress, to assess the success of
the current Afghan counter-narcotics strategy and to explore
additional options for addressing the narcotics crisis in Afghanistan, including possible changes in rules of engagement for
NATO and Coalition forces for participation in actions against
narcotics trafficking and kingpins, and the provision of comprehensive assistance to farmers who rely on opium for their
livelihood, including through the promotion of alternative crops
and livelihoods.
(3) The United States shall continue to work with and
provide assistance to the Government of Afghanistan to
strengthen local and national government institutions and the
rule of law, including the training of judges and prosecutors,
and to train and equip the Afghan National Security Forces.
(4) The United States shall continue to call on NATO
members participating in operations in Afghanistan to meet
their commitments to provide forces and equipment, and to
lift restrictions on how such forces can be deployed.
(5) The United States shall continue to foster greater understanding and cooperation between the Governments of Afghanistan and Pakistan by taking the following actions:

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(A) Facilitating greater communication, including
through official mechanisms such as the Tripartite
Commission and the Joint Intelligence Operations Center,
and by promoting other forms of exchange between the
parliaments and civil society of the two countries.
(B) Urging the Government of Afghanistan to enter
into a political dialogue with Pakistan with respect to
all issues relating to the border between the two countries,
with the aim of establishing a mutually-recognized and
monitored border, open to human and economic exchange,
and with both countries fully responsible for border security.
(c) STATEMENT OF CONGRESS.—Congress strongly urges that
the Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501
et seq.) be reauthorized and updated to take into account new
developments in Afghanistan and in the region so as to demonstrate
the continued support by the United States for the people and
Government of Afghanistan.
(d) EMERGENCY INCREASE IN EFFECTIVE POLICE TRAINING AND
POLICING OPERATIONS.—
(1) CONGRESSIONAL FINDING.—Congress finds that police
training programs in Afghanistan have achieved far less return
on substantial investment to date and require a substantive
review and justification of the means and purposes of such
assistance, consequent to any provision of additional resources.
(2) ASSISTANCE AUTHORIZED.—The President shall make
increased efforts, on an urgent basis, to—
(A) dramatically improve the capability and effectiveness of United States and international police trainers,
mentors, and police personnel for police training programs
in Afghanistan, as well as develop a pretraining screening
program;
(B) increase the numbers 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
(C) assist the Government of Afghanistan, in conjunction with the Afghanistan civil security forces and their
leadership, in addressing the corruption crisis that is
threatening to undermine Afghanistan’s future.
(3) REPORT.—Not later than 180 days after the date of
the enactment of this Act, and every 6 months thereafter until
September 30, 2010, the President shall transmit to the appropriate congressional committees a report on United States
efforts to fulfill the requirements of this subsection. The report
required by this paragraph may be transmitted concurrently
with any similar report required by the Afghanistan Freedom
Support Act of 2002.
22 USC 2375
note.

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SEC. 2042. PAKISTAN.

(a) CONGRESSIONAL FINDINGS.—Congress finds the following:
(1) A democratic, stable, and prosperous Pakistan that
is a full and reliable partner in the struggle against the Taliban,
al Qaeda, and other terrorist groups, and is a responsible
steward of its nuclear weapons and technology, is vital to
the national security of the United States.

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121 STAT. 521

(2) Since September 11, 2001, the Government of Pakistan
has been a critical ally and an important partner in removing
the Taliban regime in Afghanistan and combating al Qaeda.
(3) Pakistan has made great sacrifices in the shared
struggle against al Qaeda-affiliated terrorist groups, engaging
in military operations that have led to the deaths of hundreds
of Pakistani security personnel and enduring acts of terrorism
that have killed hundreds of Pakistani civilians.
(4) Publicly-stated goals of the Government of Pakistan
and the national interests of the United States are in close
agreement in many areas, including—
(A) curbing the proliferation of nuclear weapons technology;
(B) combating poverty and corruption;
(C) enabling effective government institutions,
including public education;
(D) promoting democracy and the rule of law, particularly at the national level;
(E) addressing the continued presence of Taliban and
other violent extremist forces throughout the country;
(F) maintaining the authority of the Government of
Pakistan in all parts of its national territory;
(G) securing the borders of Pakistan to prevent the
movement of militants and terrorists into other countries
and territories; and
(H) effectively dealing with violent extremism.
(5) The opportunity exists for shared effort in helping to
achieve correlative goals with the Government of Pakistan,
particularly—
(A) increased United States assistance to Pakistan,
as appropriate, to achieve progress in meeting the goals
of subparagraphs (A) through (C) of paragraph (4);
(B) increased commitment on the part of the Government of Pakistan to achieve the goals of paragraph (4)(D),
particularly given continued concerns, based on the conduct
of previous elections, regarding whether parliamentary
elections scheduled for 2007 will be free, fair, and inclusive
of all political parties and carried out in full accordance
with internationally-recognized democratic norms; and
(C) increased commitment on the part of the Government of Pakistan to take actions described in paragraph
(4)(E), particularly given—
(i) the continued operation of the Taliban’s Quetta
shura, as noted by then-North Atlantic Treaty
Organization Supreme Allied Commander General
James Jones in testimony before the Senate Foreign
Relations Committee on September 21, 2006; and
(ii) the continued operation of al Qaeda affiliates
Lashkar-e Taiba and Jaish-e Muhammad, sometimes
under different names, as demonstrated by the lack
of meaningful action taken against Hafiz Muhammad
Saeed, Maulana Masood Azhar, and other known
leaders and members of such terrorist organizations;
and
(D) increased commitment on the part of the Government of the United States in regard to working with all
elements of Pakistan society in helping to achieve the

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PUBLIC LAW 110–53—AUG. 3, 2007

correlative goals described in subparagraphs (A) through
(H) of paragraph (4).
(b) STATEMENTS OF POLICY.—The following shall be the policy
of the United States:
(1) To maintain and deepen its friendship and long-term
strategic relationship with Pakistan.
(2) To work with the Government of Pakistan to combat
international terrorism, especially in the frontier provinces of
Pakistan, and to end the use of Pakistan as a safe haven
for terrorist groups, including those associated with al Qaeda
or the Taliban.
(3) To support robust funding for programs of the United
States Agency for International Development and the Department of State that assist the Government of Pakistan in
working toward the goals described in subsection (a)(4), as
the Government of Pakistan demonstrates a clear commitment
to building a moderate, democratic state.
(4) To work with the international community to secure
additional financial and political support to effectively implement the policies set forth in this subsection.
(5) To facilitate a just resolution of the dispute over the
territory of Kashmir, to the extent that such facilitation is
invited and welcomed by the Governments of Pakistan and
India and by the people of Kashmir.
(6) To facilitate greater communication and cooperation
between the Governments of Afghanistan and Pakistan for
the improvement of bilateral relations and cooperation in combating terrorism in both countries.
(7) To work with the Government of Pakistan to dismantle
existing proliferation networks and prevent the proliferation
of nuclear technology.
(c) STRATEGY RELATING TO PAKISTAN.—
(1) REQUIREMENT FOR REPORT ON STRATEGY.—Not later
than 90 days after the date of the enactment of this Act,
the President shall transmit to the appropriate congressional
committees a report that describes the long-term strategy of
the United States to engage with the Government of Pakistan
to achieve the goals described in subparagraphs (A) through
(H) of subsection (a)(4) and to carry out the policies described
in subsection (b).
(2) FORM.—The report required by paragraph (1) shall be
transmitted in unclassified form, but may include a classified
annex, if necessary.
(d) LIMITATION ON UNITED STATES SECURITY ASSISTANCE TO
PAKISTAN.—
(1) LIMITATION.—For fiscal year 2008, United States assistance under chapter 2 of part II of the Foreign Assistance
Act of 1961 (22 U.S.C. 2311 et seq.) or section 23 of the
Arms Export Control Act (22 U.S.C. 2763) may not be provided
to, and a license for any item controlled under the Arms Export
Control Act (22 U.S.C. 2751 et seq.) may not be approved
for, Pakistan until the President transmits to the appropriate
congressional committees a report that contains a determination of the President that the Government of Pakistan—
(A) is committed to eliminating from Pakistani territory any organization such as the Taliban, al Qaeda, or

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any successor, engaged in military, insurgent, or terrorist
activities in Afghanistan;
(B) is undertaking a comprehensive military, legal,
economic, and political campaign to achieving the goal
described in subparagraph (A); and
(C) is currently making demonstrated, significant, and
sustained progress toward eliminating support or safe
haven for terrorists.
(2) MEMORANDUM OF JUSTIFICATION.—The President shall
include in the report required by paragraph (1) a memorandum
of justification setting forth the basis for the President’s determination under paragraph (1).
(3) FORM.—The report required by paragraph (1) and the
memorandum of justification required by paragraph (2) shall
be transmitted in unclassified form, but may include a classified
annex, if necessary.
(e) NUCLEAR PROLIFERATION.—
(1) CONGRESSIONAL FINDING.—Congress finds that the
maintenance by any country of a procurement or supply network for the illicit proliferation of nuclear and missile technologies would be inconsistent with that country being considered an ally of the United States.
(2) SENSE OF CONGRESS.—It is the sense of Congress that
the national security interest of the United States will best
be served if the United States develops and implements a
long-term strategy to improve the United States relationship
with Pakistan and works with the Government of Pakistan
to stop nuclear proliferation.
(f) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There is authorized to be appropriated
to the President such sums as may be necessary to provide
assistance described in subsection (d)(1) for Pakistan for fiscal
year 2008 in accordance with the requirements of subsection
(d)(1).
(2) OTHER FUNDS.—Amounts authorized to be appropriated
under this subsection are in addition to amounts otherwise
available for such purposes.
(3) DECLARATION OF POLICY.—Congress declares that the
amount of funds appropriated pursuant to the authorization
of appropriations under paragraph (1) and for subsequent fiscal
years shall be determined by the extent to which the Government of Pakistan displays demonstrable progress in—
(A) preventing al Qaeda and other terrorist organizations from operating in the territory of Pakistan, including
eliminating terrorist training camps or facilities, arresting
members and leaders of terrorist organizations, and countering recruitment efforts;
(B) preventing the Taliban from using the territory
of Pakistan as a sanctuary from which to launch attacks
within Afghanistan, including by arresting Taliban leaders,
stopping cross-border incursions, and countering recruitment efforts; and
(C) implementing democratic reforms, including
allowing free, fair, and inclusive elections at all levels
of government in accordance with internationally-recognized democratic norms, and respecting the independence
of the press and judiciary.

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PUBLIC LAW 110–53—AUG. 3, 2007
(4) BIANNUAL REPORTS TO CONGRESS.—
(A) IN GENERAL.—The Secretary of State shall submit
to the appropriate congressional committees a biannual
report describing in detail the extent to which the Government of Pakistan has displayed demonstrable progress in
meeting the goals described in subparagraphs (A) through
(C) of paragraph (3).
(B) SCHEDULE FOR SUBMISSION.—The report required
by subparagraph (A) shall be submitted not later than
April 15 and October 15 of each year until October 15,
2009.
(C) FORM.—The report required by subparagraph (A)
shall be submitted in unclassified form, but may include
a classified annex, if necessary.
(g) EXTENSION OF WAIVERS.—
(1) AMENDMENTS.—The Act entitled ‘‘An Act to authorize
the President to exercise waivers of foreign assistance restrictions with respect to Pakistan through September 30, 2003,
and for other purposes’’, approved October 27, 2001 (Public
Law 107–57; 115 Stat. 403), is amended—
(A) in section 1(b)—
(i) in the heading, to read as follows:
‘‘(b) FISCAL YEARS 2007 AND 2008—’’; and
(ii) in paragraph (1), by striking ‘‘any provision’’
and all that follows through ‘‘that prohibits’’ and
inserting ‘‘any provision of an Act making appropriations for foreign operations, export financing, and
related programs appropriations for fiscal year 2007
or 2008 (or any other appropriations Act) that prohibits’’;
(B) in section 3(2), by striking ‘‘Such provision’’ and
all that follows through ‘‘as are’’ and inserting ‘‘Such provision of an Act making appropriations for foreign operations,
export financing, and related programs appropriations for
fiscal years 2002 through 2008 (or any other appropriations
Act) as are’’; and
(C) in section 6, by striking ‘‘the provisions’’ and all
that follows and inserting ‘‘the provisions of this Act shall
terminate on October 1, 2008.’’.
(2) EFFECTIVE DATE.—The amendments made by paragraph
(1) take effect on October 1, 2006.
(3) SENSE OF CONGRESS.—It is the sense of Congress that
determinations to provide extensions of waivers of foreign
assistance prohibitions with respect to Pakistan pursuant to
Public Law 107–57 for fiscal years after the fiscal years specified in the amendments made by paragraph (1) to Public Law
107–57 should be informed by demonstrable progress in
achieving the goals described in subparagraphs (A) through
(C) of subsection (f)(3).

22 USC 2656
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SEC. 2043. SAUDI ARABIA.

(a) CONGRESSIONAL FINDINGS.—Congress finds that:
(1) The National Commission on Terrorist Attacks Upon
the United States concluded that the Kingdom of Saudi Arabia
has ‘‘been a problematic ally in combating Islamic extremism.
At the level of high policy, Saudi Arabia’s leaders cooperated
with American diplomatic initiatives aimed at the Taliban or

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Pakistan before 9/11. At the same time, Saudi Arabia’s society
was a place where al Qaeda raised money directly from individuals and through charities. It was the society that produced
15 of the 19 hijackers.’’.
(2) Saudi Arabia has an uneven record in the fight against
terrorism, especially with respect to terrorist financing, support
for radical madrassas, a lack of political outlets for its citizens,
and restrictions on religious pluralism, that poses a threat
to the security of the United States, the international community, and Saudi Arabia itself.
(3) The National Commission on Terrorist Attacks Upon
the United States concluded that the ‘‘problems in the U.S.Saudi relationship must be confronted, openly’’. It recommended
that the two countries build a relationship that includes a
‘‘shared commitment to political and economic reform . . .
and a shared interest in greater tolerance and cultural respect,
translating into a commitment to fight the violent extremists
who foment hatred’’.
(4) The United States has a national security interest in
working with the Government of Saudi Arabia to combat international terrorists that operate within that country or that
operate outside Saudi Arabia with the support of citizens of
Saudi Arabia.
(5) The United States and Saudi Arabia established a Strategic Dialogue in 2005, which provides a framework for the
two countries to discuss a range of bilateral issues at high
levels, including counterterrorism policy and political and economic reforms.
(6) It is in the national security interest of the United
States to support the Government of Saudi Arabia in undertaking a number of political and economic reforms, including
increasing anti-terrorism operations conducted by law enforcement agencies, providing more political and religious rights
to its citizens, increasing the rights of women, engaging in
comprehensive educational reform, enhancing monitoring of
charitable organizations, and promulgating and enforcing
domestic laws and regulation on terrorist financing.
(b) STATEMENT OF POLICY.—It is the policy of the United
States—
(1) to engage with the Government of Saudi Arabia to
openly confront the issue of terrorism, as well as other problematic issues such as the lack of political freedoms;
(2) to enhance counterterrorism cooperation with the
Government of Saudi Arabia; and
(3) to support the efforts of the Government of Saudi Arabia
to make political, economic, and social reforms, including
greater religious freedom, throughout the country.
(c) PROGRESS IN COUNTERTERRORISM AND OTHER COOPERATION.—
(1) REPORT.—Not later than 180 days after the date of
the enactment of this Act, the President shall transmit to
the appropriate congressional committees a report that—
(A) describes the long-term strategy of the United
States—
(i) to engage with the Government of Saudi Arabia
to facilitate political, economic, and social reforms,
including greater religious freedom, that will enhance

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the ability of the Government of Saudi Arabia to combat international terrorism; and
(ii) to work with the Government of Saudi Arabia
to combat terrorism, including through effective measures to prevent and prohibit the financing of terrorists
by Saudi institutions and citizens; and
(B) provides an assessment of the progress made by
Saudi Arabia since 2001 on the matters described in
subparagraph (A), including—
(i) whether Saudi Arabia has become a party to
the International Convention for the Suppression of
the Financing of Terrorism; and
(ii) the activities and authority of the Saudi Nongovernmental National Commission for Relief and
Charity Work Abroad.
(2) FORM.—The report required by paragraph (1) shall be
transmitted in unclassified form, but may include a classified
annex, if necessary.

Advance
Democratic
Values, Address
Nondemocratic
Countries, and
Enhance
Democracy Act
of 2007.
22 USC 8201
note.
22 USC 8201
note.

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TITLE XXI—ADVANCING DEMOCRATIC
VALUES
SEC. 2101. SHORT TITLE.

This title may be cited as the ‘‘Advance Democratic Values,
Address Nondemocratic Countries, and Enhance Democracy Act
of 2007’’ or the ‘‘ADVANCE Democracy Act of 2007’’.
SEC. 2102. FINDINGS.

Congress finds the following:
(1) The United States Declaration of Independence, the
United States Constitution, and the United Nations Universal
Declaration of Human Rights declare that all human beings
are created equal and possess certain rights and freedoms,
including the fundamental right to participate in the political
life and government of their respective countries.
(2) The development of democracy constitutes a long-term
challenge that goes through unique phases and paces in individual countries as such countries develop democratic institutions such as a thriving civil society, a free media, and an
independent judiciary, and must be led from within such countries, including by nongovernmental and governmental
reformers.
(3) Individuals, nongovernmental organizations, and movements that support democratic principles, practices, and values
are under increasing pressure from some governments of nondemocratic countries (as well as, in some cases, from governments of democratic transition countries), including by using
administrative and regulatory mechanisms to undermine the
activities of such individuals, organizations, and movements.
(4) Democratic countries have a number of instruments
available for supporting democratic reformers who are committed to promoting effective, nonviolent change in nondemocratic countries and who are committed to keeping their countries on the path to democracy.
(5) United States efforts to promote democracy and protect
human rights can be strengthened to improve assistance for

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such reformers, including through an enhanced role for United
States diplomats when properly trained and given the right
incentives.
(6) The promotion of democracy requires a broad-based
effort with cooperation between all democratic countries,
including through the Community of Democracies.
SEC. 2103. STATEMENT OF POLICY.

22 USC 8202.

It is the policy of the United States—
(1) to promote freedom and democracy in foreign countries
as a fundamental component of United States foreign policy,
along with other key foreign policy goals;
(2) to affirm fundamental freedoms and internationally recognized human rights in foreign countries, as reflected in the
Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights, and to condemn offenses
against those freedoms and rights as a fundamental component
of United States foreign policy, along with other key foreign
policy goals;
(3) to protect and promote such fundamental freedoms and
rights, including the freedoms of association, of expression,
of the press, and of religion, and the right to own private
property;
(4) to commit to the long-term challenge of promoting universal democracy by promoting democratic institutions,
including institutions that support the rule of law (such as
an independent judiciary), an independent and professional
media, strong legislatures, a thriving civil society, transparent
and professional independent governmental auditing agencies,
civilian control of the military, and institutions that promote
the rights of minorities and women;
(5) to use instruments of United States influence to support,
promote, and strengthen democratic principles, practices, and
values, including the right to free, fair, and open elections,
secret balloting, and universal suffrage, including by—
(A) providing appropriate support to individuals, nongovernmental organizations, and movements located in
nondemocratic countries that aspire to live in freedom and
establish full democracy in such countries; and
(B) providing political, economic, and other support
to foreign countries and individuals, nongovernmental
organizations, and movements that are willingly undertaking a transition to democracy; and
(6) to strengthen cooperation with other democratic countries in order to better promote and defend shared values
and ideals.
SEC. 2104. DEFINITIONS.

22 USC 8203.

In this title:
(1) ANNUAL REPORT ON ADVANCING FREEDOM AND DEMOCRACY.—The term ‘‘Annual Report on Advancing Freedom and
Democracy’’ refers to the annual report submitted to Congress
by the Department of State pursuant to section 665(c) of the
Foreign Relations Authorization Act, Fiscal Year 2003 (Public
Law 107–228; 22 U.S.C. 2151n note), in which the Department
reports on actions taken by the United States Government
to encourage respect for human rights and democracy.

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PUBLIC LAW 110–53—AUG. 3, 2007
(2) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(3) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’
means the Assistant Secretary of State for Democracy, Human
Rights, and Labor.
(4) COMMUNITY OF DEMOCRACIES AND COMMUNITY.—The
terms ‘‘Community of Democracies’’ and ‘‘Community’’ mean
the association of democratic countries committed to the global
promotion of democratic principles, practices, and values, which
held its First Ministerial Conference in Warsaw, Poland, in
June 2000.
(5) DEPARTMENT.—The term ‘‘Department’’ means the
Department of State.
(6) NONDEMOCRATIC COUNTRY OR DEMOCRATIC TRANSITION
COUNTRY.—The term ‘‘nondemocratic country’’ or ‘‘democratic
transition country’’ shall include any country which is not governed by a fully functioning democratic form of government,
as determined by the Secretary, taking into account the general
consensus regarding the status of civil and political rights
in a country by major nongovernmental organizations that conduct assessments of such conditions in countries and whether
the country exhibits the following characteristics:
(A) All citizens of such country have the right to,
and are not restricted in practice from, fully and freely
participating in the political life of such country.
(B) The national legislative body of such country and,
if directly elected, the head of government of such country,
are chosen by free, fair, open, and periodic elections, by
universal and equal suffrage, and by secret ballot.
(C) More than one political party in such country has
candidates who seek elected office at the national level
and such parties are not restricted in their political activities or their process for selecting such candidates, except
for reasonable administrative requirements commonly
applied in countries categorized as fully democratic.
(D) All citizens in such country have a right to, and
are not restricted in practice from, fully exercising such
fundamental freedoms as the freedom of expression, conscience, and peaceful assembly and association, and such
country has a free, independent, and pluralistic media.
(E) The current government of such country did not
come to power in a manner contrary to the rule of law.
(F) Such country possesses an independent judiciary
and the government of such country generally respects
the rule of law.
(G) Such country does not violate other core principles
enshrined in the United Nations Charter, the Universal
Declaration of Human Rights, the International Covenant
on Civil and Political Rights, United Nations Commission
on Human Rights Resolution 1499/57 (entitled ‘‘Promotion
of the Right to Democracy’’), and the United Nations General Assembly Resolution 55/96 (entitled ‘‘Promoting and
consolidating democracy’’).
(H) As applicable, whether the country has scored
favorably on the political, civil liberties, corruption, and

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rule of law indicators used to determine eligibility for financial assistance disbursed from the Millennium Challenge
Account.
(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of State.

Subtitle A—Activities to Enhance the
Promotion of Democracy
SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE.

Establishment.

22 USC 8211.

(a) DEMOCRACY LIAISON OFFICERS.—
(1) IN GENERAL.—The Secretary of State shall establish
and staff Democracy Liaison Officer positions. Democracy Liaison Officers shall serve under the supervision of the Assistant
Secretary. Democracy Liaison Officers may be assigned to the
following posts:
(A) United States missions to, or liaisons with, regional
and multilateral organizations, including the United States
missions to the European Union, African Union, Organization of American States, and any other appropriate regional
organization, the Organization for Security and Cooperation in Europe, the United Nations and its relevant specialized agencies, and the North Atlantic Treaty Organization.
(B) Regional public diplomacy centers of the Department of State.
(C) United States combatant commands.
(D) Other posts as designated by the Secretary.
(2) RESPONSIBILITIES.—Each Democracy Liaison Officer
should—
(A) provide expertise on effective approaches to promote and build democracy;
(B) assist in formulating and implementing strategies
for transitions to democracy; and
(C) carry out such other responsibilities as the Secretary or the Assistant Secretary may assign.
(3) NEW POSITIONS.—To the fullest extent practicable,
taking into consideration amounts appropriated to carry out
this subsection and personnel available for assignment to the
positions described in paragraph (1), the Democracy Liaison
Officer positions established under subsection (a) shall be new
positions that are in addition to existing positions with responsibility for other human rights and democracy related issues
and programs, including positions with responsibility for labor
issues.
(4) RELATIONSHIP TO OTHER AUTHORITIES.—Nothing in this
subsection may be construed as altering any authority or
responsibility of a chief of mission or other employee of a
diplomatic mission of the United States provided under any
other provision of law, including any authority or responsibility
for the development or implementation of strategies to promote
democracy.
(b) OFFICE RELATED TO DEMOCRATIC MOVEMENTS AND TRANSITIONS.—
(1) ESTABLISHMENT.—There shall be identified within the
Bureau of Democracy, Human Rights, and Labor of the Department at least one office that shall be responsible for working

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with democratic movements and facilitating the transition to
full democracy of nondemocratic countries and democratic
transition countries.
(2) RESPONSIBILITIES.—The Assistant Secretary shall,
including by acting through the office or offices identified pursuant to paragraph (1)—
(A) provide support for Democratic Liaison Officers
established under subsection (a);
(B) develop relations with, consult with, and provide
assistance to nongovernmental organizations, individuals,
and movements that are committed to the peaceful promotion of democracy and fundamental rights and freedoms,
including fostering relationships with the United States
Government and the governments of other democratic countries; and
(C) assist officers and employees of regional bureaus
of the Department to develop strategies and programs to
promote peaceful change in nondemocratic countries and
democratic transition countries.
(3) LIAISON.—Within the Bureau of Democracy, Human
Rights, and Labor, the Assistant Secretary shall identify officers
or employees who have expertise in and shall be responsible
for working with nongovernmental organizations, individuals,
and movements that develop relations with, consult with, and
provide assistance to nongovernmental organizations, individuals, and movements in foreign countries that are committed
to the peaceful promotion of democracy and fundamental rights
and freedoms.
(c) ACTIONS BY CHIEFS OF MISSION.—Each chief of mission
in each nondemocratic country or democratic transition country
should—
(1) develop, as part of annual program planning, a strategy
to promote democratic principles, practices, and values in each
such foreign country and to provide support, as appropriate,
to nongovernmental organizations, individuals, and movements
in each such country that are committed to democratic principles, practices, and values, such as by—
(A) consulting and coordinating with and providing
support to such nongovernmental organizations, individuals, and movements regarding the promotion of democracy;
(B) issuing public condemnations of violations of internationally recognized human rights, including violations
of religious freedom, and visiting local landmarks and other
local sites associated with nonviolent protest in support
of democracy and freedom from oppression; and
(C) holding periodic meetings with such nongovernmental organizations, individuals, and movements to discuss democracy and political, social, and economic freedoms;
(2) hold ongoing discussions with the leaders of each such
nondemocratic country or democratic transition country
regarding progress toward a democratic system of governance
and the development of political, social, and economic freedoms
and respect for human rights, including freedom of religion
or belief, in such country; and

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(3) conduct meetings with civil society, interviews with
media that can directly reach citizens of each such country,
and discussions with students and young people of each such
country regarding progress toward a democratic system of
governance and the development of political, social, and economic freedoms in each such country.
(d) RECRUITMENT.—The Secretary should seek to increase the
proportion of members of the Foreign Service who serve in the
Bureau of Democracy, Human Rights, and Labor.
(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated to the Secretary such sums as may be necessary
to carry out this section.
SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM.

22 USC 8212.

(a) REQUIREMENT FOR PROGRAM.—The Secretary shall establish
a Democracy Fellowship Program to enable officers of the Department to gain an additional perspective on democracy promotion
in foreign countries by working on democracy issues in appropriate
congressional offices or congressional committees with oversight
over the subject matter of this title, including the Committee on
Foreign Affairs and the Committee on Appropriations of the House
of Representatives and the Committee on Foreign Relations and
the Committee on Appropriations of the Senate, and international
or nongovernmental organizations involved in democracy promotion.
(b) SELECTION AND PLACEMENT.—The Assistant Secretary shall
play a central role in the selection of Democracy Fellows and
facilitate their placement in appropriate congressional offices,
congressional committees, international organizations, and nongovernmental organizations.
SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL
HUMANITARIAN LAW.

22 USC 8213.

(a) IN GENERAL.—The President, with the assistance of the
Secretary, the Under Secretary of State for Democracy and Global
Affairs, and the Ambassador-at-Large for War Crimes Issues, shall
collect information regarding incidents that may constitute crimes
against humanity, genocide, slavery, or other violations of international humanitarian law.
(b) ACCOUNTABILITY.—The President shall consider what
actions can be taken to ensure that any government of a country
or the leaders or senior officials of such government who are responsible for crimes against humanity, genocide, slavery, or other violations of international humanitarian law identified under subsection
(a) 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. STRATEGIES, PRIORITIES, AND ANNUAL REPORT.

(a) EXPANSION
DEMOCRACY.—

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(1) COMMENDATION.—Congress commends the Secretary for
the ongoing work by the Department to develop country-specific
strategies for promoting democracy.
(2) EXPANSION.—The Secretary shall expand the development of such strategies to all nondemocratic countries and
democratic transition countries.
(3) BRIEFINGS.—The Secretary shall keep the appropriate
congressional committees fully and currently informed as such
strategies are developed.
(b) REPORT TITLE.—Section 665(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C.
2151n note) is amended, in the first sentence, by inserting ‘‘entitled
the Annual Report on Advancing Freedom and Democracy’’ before
the period at the end.
(c) ENHANCED REPORT.—The Annual Report on Advancing
Freedom and Democracy shall include, as appropriate—
(1) United States priorities for the promotion of democracy
and the protection of human rights for each nondemocratic
country and democratic transition country, developed in consultation with relevant parties in such countries; and
(2) specific actions and activities of chiefs of missions and
other United States officials to promote democracy and protect
human rights in each such country.
(d) SCHEDULE OF SUBMISSION.—Section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107–
228; 22 U.S.C. 2151n note) is amended, in the second sentence,
by striking ‘‘30 days’’ and inserting ‘‘90 days’’.
22 USC 8222.

SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS.

(a) IN GENERAL.—The Secretary shall continue to expand the
timely translation of the applicable parts of the Country Reports
on Human Rights Practices required under sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d)
and 2304(b)), the Annual Report on International Religious Freedom
required under section 102(b) of the International Religious
Freedom Act of 1998 (22 U.S.C. 6412(b)), the Trafficking in Persons
Report required under section 110(b) of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7107(b)), and any separate report
on democracy and human rights policy submitted in accordance
with section 665(c) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2151n note)
into the principal languages of as many countries as possible, with
particular emphasis on nondemocratic countries, democratic transition countries, and countries in which extrajudicial killings, torture,
or other serious violations of human rights have occurred.
(b) REPORT.—
(1) REQUIREMENT.—Not later than April 1, 2008, and
annually thereafter through 2010, the Secretary shall submit
to the appropriate congressional committees a report describing
any translations of the reports specified in subsection (a) for
the preceding year, including which of such reports have been
translated into which principal languages and the countries
in which such translations have been distributed by posting
on a relevant website or elsewhere.
(2) FORM.—The report required under paragraph (1) may
be included in any separate report on democracy and human

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rights policy submitted in accordance with section 665(c) of
the Foreign Relations Authorization Act, Fiscal Year 2003.

Subtitle C—Advisory Committee on Democracy Promotion and the Internet
Website of the Department of State
SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

22 USC 8231.

Congress commends the Secretary for creating an Advisory
Committee on Democracy Promotion, and it is the sense of Congress
that the Committee should play a significant role in the Department’s transformational diplomacy by advising the Secretary
regarding United States efforts to promote democracy and democratic transition in connection with the formulation and
implementation of United States foreign policy and foreign assistance, including reviewing and making recommendations on—
(1) how to improve the capacity of the Department to
promote democracy and human rights; and
(2) how to improve foreign assistance programs related
to the promotion of democracy.
SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE
OF THE DEPARTMENT OF STATE.

22 USC 8232.

It is the sense of Congress that in order to facilitate access
by individuals, nongovernmental organizations, and movements in
foreign countries to documents, streaming video and audio, and
other media regarding democratic principles, practices, and values,
and the promotion and strengthening of democracy, the Secretary
should take additional steps to enhance the Internet site for global
democracy and human rights of the Department, which should
include, where practicable, the following:
(1) Narratives and histories, published by the United States
Government, of significant democratic movements in foreign
countries, particularly regarding successful nonviolent campaigns to promote democracy in non-democratic countries and
democratic transition countries.
(2) Narratives, published by the United States Government,
relating to the importance of the establishment of and respect
for internationally recognized human rights, democratic principles, practices, and values, and other fundamental freedoms.
(3) Major human rights reports by the United States
Government, including translations of such materials, as appropriate.
(4) Any other documents, references, or links to appropriate
external Internet websites (such as websites of international
or nongovernmental organizations), including references or
links to training materials, narratives, and histories regarding
successful democratic movements.

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Subtitle D—Training in Democracy and
Human Rights; Incentives
22 USC 8241.

SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION OF HUMAN RIGHTS.

(a) IN GENERAL.—The Secretary shall continue to enhance
training for members of the Foreign Service and civil service responsible for the promotion of democracy and the protection of human
rights. Such training shall include appropriate instruction and
training materials regarding:
(1) International documents and United States policy
regarding the promotion of democracy and respect for human
rights.
(2) United States policy regarding the promotion and
strengthening of democracy around the world, with particular
emphasis on the transition to democracy in nondemocratic countries and democratic transition countries.
(3) For any member, chief of mission, or deputy chief of
mission who is to be assigned to a nondemocratic country
or democratic transition country, ways to promote democracy
in such country and to assist individuals, nongovernmental
organizations, and movements in such country that support
democratic principles, practices, and values.
(4) The protection of internationally recognized human
rights (including the protection of religious freedom) and standards related to such rights, provisions of United States law
related to such rights, diplomatic tools to promote respect for
such rights, and the protection of individuals who have fled
their countries due to violations of such rights.
(b) CONSULTATION.—The Secretary, acting through the Director
of the National Foreign Affairs Training Center of the Foreign
Service Institute of the Department, shall consult, as appropriate,
with nongovernmental organizations involved in the protection and
promotion of such rights and the United States Commission on
International Religious Freedom with respect to the training
required by this subsection.
(c) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report containing a description of the
current and planned training provided to Foreign Service officers
in human rights and democracy promotion, including such training
provided to chiefs of mission serving or preparing to serve in nondemocratic countries or democratic transition countries.
22 USC 8242.

SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY
AWARD.

It is the sense of Congress that—
(1) the Secretary should further strengthen the capacity
of the Department to carry out results-based democracy promotion efforts through the establishment of an annual award
to be known as the ‘‘Outstanding Achievements in Advancing
Democracy Award’’, or the ‘‘ADVANCE Democracy Award’’, that
would be awarded to officers or employees of the Department;
and

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(2) the Secretary should establish procedures for selecting
recipients of such award, including any financial terms associated with such award.
SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE.

22 USC 8243.

In addition to the awards and other incentives already implemented, the Secretary should increase incentives for members of
the Foreign Service and other employees of the Department who
take assignments relating to the promotion of democracy and the
protection of human rights, including the following:
(1) Providing performance pay under section 405 of the
Foreign Service Act of 1980 (22 U.S.C. 3965) to such members
and employees who carry out their assignment in an outstanding manner.
(2) Considering such an assignment as a basis for promotion into the Senior Foreign Service.
(3) Providing Foreign Service Awards under section 614
of the Foreign Service Act of 1980 (22 U.S.C. 4013) to such
members and employees who provide distinguished or meritorious service in the promotion of democracy or the protection
of human rights.

Subtitle E—Cooperation With Democratic
Countries
SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES.

22 USC 8251.

(a) SENSE OF CONGRESS.—It is the sense of Congress that
the United States should cooperate with other democratic countries
to—
(1) promote and protect democratic principles, practices,
and values;
(2) promote and protect shared political, social, and economic freedoms, including the freedoms of association, of
expression, of the press, of religion, and to own private property;
(3) promote and protect respect for the rule of law;
(4) develop, adopt, and pursue strategies to advance
common interests in international organizations and multilateral institutions to which members of cooperating democratic
countries belong; and
(5) provide political, economic, and other necessary support
to countries that are undergoing a transition to democracy.
(b) COMMUNITY OF DEMOCRACIES.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that—
(A) the Community of Democracies should develop a
more formal mechanism for carrying out work between
ministerial meetings, such as through the creation of a
permanent secretariat with appropriate staff to carry out
such work, and should establish a headquarters; and
(B) nondemocratic countries should not participate in
any association or group of democratic countries aimed
at working together to promote democracy.
(2) DETAIL OF PERSONNEL.—The Secretary is authorized
to detail on a nonreimbursable basis any employee of the
Department to any permanent secretariat of the Community
of Democracies or to the government of any country that is

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a member of the Convening Group of the Community of Democracies.
(c) ESTABLISHMENT OF AN OFFICE FOR MULTILATERAL DEMOCRACY PROMOTION.—The Secretary should establish an office of
multilateral democracy promotion with the mission to further
develop and strengthen the institutional structure of the Community of Democracies, develop interministerial projects, enhance the
United Nations Democracy Caucus, manage policy development
of the United Nations Democracy Fund, and enhance coordination
with other regional and multilateral bodies with jurisdiction over
democracy issues.
(d) INTERNATIONAL CENTER FOR DEMOCRATIC TRANSITION.—
(1) SENSE OF CONGRESS.—It is the sense of Congress that
the International Center for Democratic Transition, an initiative of the Government of Hungary, serves to promote practical
projects and the sharing of best practices in the area of democracy promotion and should be supported by, in particular, the
United States, other European countries with experiences in
democratic transitions, and private individuals.
(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $1,000,000 for each of fiscal years
2008, 2009, and 2010 to the Secretary for a grant to the
International Center for Democratic Transition. Amounts
appropriated under this paragraph are authorized to remain
available until expended.

Subtitle F—Funding for Promotion of
Democracy
22 USC 8261.

SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND.

(a) SENSE OF CONGRESS.—It is 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, an
essential tool to promote democracy, and in particular support
civil society in foreign countries in their efforts to help consolidate
democracy and bring about transformational change.
(b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated $14,000,000 for each of fiscal years 2008 and
2009 to the Secretary for a United States contribution to the United
Nations Democracy Fund.
22 USC 8262.

SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS.

(a) SENSE OF CONGRESS REGARDING USE OF INSTRUMENTS OF
DEMOCRACY PROMOTION.—It is the sense of Congress that—
(1) United States support for democracy is strengthened
by using a variety of different instrumentalities, such as the
National Endowment for Democracy, the United States Agency
for International Development, and the Department; and
(2) the purpose of the Department’s Human Rights and
Democracy Fund should be to support innovative programming,
media, and materials designed to uphold democratic principles,
practices, and values, support and strengthen democratic
institutions, promote human rights and the rule of law, and
build civil societies in countries around the world.
(b) SENSE OF CONGRESS REGARDING MECHANISMS FOR DELIVERING ASSISTANCE.—

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(1) FINDINGS.—Congress finds the following:
(A) Democracy assistance has many different forms,
including assistance to promote the rule of law, build the
capacity of civil society, political parties, and legislatures,
improve the independence of the media and the judiciary,
enhance independent auditing functions, and advance security sector reform.
(B) There is a need for greater clarity on the coordination and delivery mechanisms for United States democracy
assistance.
(2) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary and the Administrator of the United States
Agency for International Development should develop guidelines, in consultation with the appropriate congressional
committees, building on the existing framework for grants,
cooperative agreements, contracts, and other acquisition mechanisms to guide United States missions in foreign countries
in coordinating United States democracy assistance and
selecting the appropriate combination of such mechanisms for
such assistance.

TITLE XXII—INTEROPERABLE
EMERGENCY COMMUNICATIONS
SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.

(a) IN GENERAL.—Section 3006 of Public Law 109–171 (47
U.S.C. 309 note) is amended—
(1) by striking paragraphs (1) and (2) of subsection (a)
and inserting the following:
‘‘(1) may take such administrative action as is necessary
to establish and implement—
‘‘(A) a grant program to assist public safety agencies
in the planning and coordination associated with, the
acquisition of, deployment of, or training for the use of
interoperable communications equipment, software and
systems that—
‘‘(i) utilize reallocated public safety spectrum for
radio communication;
‘‘(ii) enable interoperability with communications
systems that can utilize reallocated public safety spectrum for radio communication; or
‘‘(iii) otherwise improve or advance the interoperability of public safety communications systems that
utilize other public safety spectrum bands; and
‘‘(B) are used to establish and implement a strategic
technology reserve to pre-position or secure interoperable
communications in advance for immediate deployment in
an emergency or major disaster;
‘‘(2) shall make payments of not to exceed $1,000,000,000,
in the aggregate, through fiscal year 2010 from the Digital
Television Transition and Public Safety Fund established under
section 309(j)(8)(E) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)(E)) to carry out the grant program established
under paragraph (1), of which at least $75,000,000, in the
aggregate, shall be used for purposes described in paragraph
(1)(B); and

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‘‘(3) shall permit any funds allocated for use under paragraph (1)(B) to be used for purposes identified under paragraph
(1)(A), if the public safety agency demonstrates that it has
already implemented such a strategic technology reserve or
demonstrates higher priority public safety communications
needs.’’;
(2) by redesignating subsections (b), (c), and (d) as subsections (h), (i), and (j), respectively, and inserting after subsection (a) the following:
‘‘(b) ELIGIBILITY.—To be eligible for assistance under the grant
program established under subparagraph (a)(1)(A), an applicant
shall submit an application, at such time, in such form, and containing such information as the Assistant Secretary may require,
including a detailed explanation of how assistance received under
the program would be used to improve communications interoperability and ensure interoperability with other public safety agencies
in an emergency or a major disaster.
‘‘(c) CRITERIA FOR STRATEGIC TECHNOLOGY RESERVES.—
‘‘(1) IN GENERAL.—In evaluating permitted uses under
subparagraph (a)(1)(B), the Assistant Secretary shall consider
the continuing technological evolution of communications technologies and devices, with its implicit risk of obsolescence,
and shall ensure, to the maximum extent feasible, that a
substantial part of the reserve involves prenegotiated contracts
and other arrangements for rapid deployment of equipment,
supplies, and systems (and communications service related to
such equipment, supplies, and systems), rather than the
warehousing or storage of equipment and supplies currently
available at the time the reserve is established.
‘‘(2) REQUIREMENTS AND CHARACTERISTICS.—Funds provided to meet uses described in paragraph (1) shall be used
in support of reserves that—
‘‘(A) are capable of re-establishing communications
when existing critical infrastructure is damaged or
destroyed in an emergency or a major disaster;
‘‘(B) include appropriate current, widely-used equipment, such as Land Mobile Radio Systems, cellular telephones and satellite-enabled equipment (and related
communications service), Cells-On-Wheels, Cells-On-LightTrucks, or other self-contained mobile cell sites that can
be towed, backup batteries, generators, fuel, and computers;
‘‘(C) include equipment on hand for the Governor of
each State, key emergency response officials, and appropriate State or local personnel;
‘‘(D) include contracts (including prenegotiated contracts) for rapid delivery of the most current technology
available from commercial sources; and
‘‘(E) include arrangements for training to ensure that
personnel are familiar with the operation of the equipment
and devices to be delivered pursuant to such contracts.
‘‘(3) ADDITIONAL CHARACTERISTICS.—Portions of the reserve
may be virtual and may include items donated on an in-kind
contribution basis.
‘‘(4) ALLOCATION OF FUNDS.—In evaluating permitted uses
under subparagraph (a)(1)(B), the Assistant Secretary shall
take into account barriers to immediate deployment, including

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time and distance, that may slow the rapid deployment of
equipment, supplies, and systems (and communications service
related to such equipment, supplies, and systems) in the event
of an emergency in any State.
‘‘(d) VOLUNTARY CONSENSUS STANDARDS.—In carrying out this
section, the Assistant Secretary, in cooperation with the Secretary
of Homeland Security, shall identify and, if necessary, encourage
the development and implementation of, voluntary consensus standards for interoperable communications systems to the greatest
extent practicable, but shall not require any such standard.
‘‘(e) INSPECTOR GENERAL REPORT AND AUDITS.—
‘‘(1) REPORT.—Beginning with the first fiscal year beginning
after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General
of the Department of Commerce shall conduct an annual assessment of the management of the grant program implemented
under subsection (a)(1) and transmit a report containing the
findings of that assessment and any recommendations related
thereto to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee
on Energy and Commerce.
‘‘(2) AUDITS.—Beginning with the first fiscal year beginning
after the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007, the Inspector General
of the Department of Commerce shall conduct financial audits
of entities receiving grants from the program implemented
under subsection (a)(1), and shall ensure that, over the course
of 4 years, such audits cover recipients in a representative
sample of not fewer than 25 States or territories. The results
of any such audits shall be made publicly available via web
site, subject to redaction as the Inspector General determines
necessary to protect classified and other sensitive information.
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this section shall
be construed or interpreted to preclude the use of funds under
this section by any public safety agency for interim- or long-term
Internet Protocol-based interoperable solutions.’’; and
(3) by striking paragraph (3) of subsection (j), as so redesignated.
(b) FCC VULNERABILITY ASSESSMENT AND REPORT ON EMERGENCY COMMUNICATIONS BACK-UP SYSTEM.—
(1) IN GENERAL.—Not later than 180 days after the date
of enactment of this Act, the Federal Communications Commission shall conduct a vulnerability assessment of the Nation’s
critical communications and information systems infrastructure
and shall evaluate the technical feasibility of creating a backup emergency communications system that complements
existing communications resources and takes into account next
generation and advanced communications technologies. The
overriding objective for the evaluation shall be providing a
framework for the development of a resilient interoperable
communications system for emergency responders in an emergency. The Commission shall consult with the National Communications System and shall evaluate all reasonable options,
including satellites, wireless, and terrestrial-based communications systems and other alternative transport mechanisms that
can be used in tandem with existing technologies.

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information.
Website.

Deadline.

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(2) FACTORS TO BE EVALUATED.—The evaluation under
paragraph (1) shall include—
(A) a survey of all Federal agencies that use terrestrial
or satellite technology for communications security and
an evaluation of the feasibility of using existing systems
for the purpose of creating such an emergency back-up
public safety communications system;
(B) the feasibility of using private satellite, wireless,
or terrestrial networks for emergency communications;
(C) the technical options, cost, and deployment methods
of software, equipment, handsets or desktop communications devices for public safety entities in major urban areas,
and nationwide; and
(D) the feasibility and cost of necessary changes to
the network operations center of terrestrial-based or satellite systems to enable the centers to serve as emergency
back-up communications systems.
(3) REPORT.—
(A) IN GENERAL.—Upon the completion of the evaluation under subsection (a), the Commission shall submit
a report to Congress that details the findings of the evaluation, including a full inventory of existing public and private resources most efficiently capable of providing emergency communications.
(B) CLASSIFIED INDEX.—The report on critical infrastructure under this subsection may contain a classified
annex.
(C) RETENTION OF CLASSIFICATION.—The classification
of information required to be provided to Congress or any
other department or agency under this section by the Federal Communications Commission, including the assignment of a level of classification of such information, shall
be binding on Congress and any other department or
agency.
(c) JOINT ADVISORY COMMITTEE ON COMMUNICATIONS CAPABILITIES OF EMERGENCY MEDICAL AND PUBLIC HEALTH CARE FACILITIES.—
(1) ESTABLISHMENT.—The Assistant Secretary of Commerce
for Communications and Information and the Chairman of the
Federal Communications Commission, in consultation with the
Secretary of Homeland Security and the Secretary of Health
and Human Services, shall establish a joint advisory committee
to examine the communications capabilities and needs of emergency medical and public health care facilities. The joint
advisory committee shall be composed of individuals with expertise in communications technologies and emergency medical
and public health care, including representatives of Federal,
State and local governments, industry and non-profit health
organizations, and academia and educational institutions.
(2) DUTIES.—The joint advisory committee shall—
(A) assess specific communications capabilities and
needs of emergency medical and public health care facilities, including the improvement of basic voice, data, and
broadband capabilities;
(B) assess options to accommodate growth of basic
and emerging communications services used by emergency
medical and public health care facilities;

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(C) assess options to improve integration of communications systems used by emergency medical and public health
care facilities with existing or future emergency communications networks; and
(D) report its findings to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce,
within 6 months after the date of enactment of this Act.
(d) AUTHORIZATION OF EMERGENCY MEDICAL AND PUBLIC
HEALTH COMMUNICATIONS PILOT PROJECTS.—
(1) IN GENERAL.—The Assistant Secretary of Commerce
for Communications and Information may establish not more
than 10 geographically dispersed project grants to emergency
medical and public health care facilities to improve the capabilities of emergency communications systems in emergency medical care facilities.
(2) MAXIMUM AMOUNT.—The Assistant Secretary may not
provide more than $2,000,000 in Federal assistance under the
pilot program to any applicant.
(3) COST SHARING.—The Assistant Secretary may not provide more than 20 percent of the cost, incurred during the
period of the grant, of any project under the pilot program.
(4) MAXIMUM PERIOD OF GRANTS.—The Assistant Secretary
may not fund any applicant under the pilot program for more
than 3 years.
(5) DEPLOYMENT AND DISTRIBUTION.—The Assistant Secretary shall seek to the maximum extent practicable to ensure
a broad geographic distribution of project sites.
(6) TRANSFER OF INFORMATION AND KNOWLEDGE.—The
Assistant Secretary shall establish mechanisms to ensure that
the information and knowledge gained by participants in the
pilot program are transferred among the pilot program participants and to other interested parties, including other applicants
that submitted applications.
SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT.

Reports.
Deadline.

42 USC 247d–3a
note.

6 USC 701 note.

The Federal departments and agencies (including independent
agencies) identified under the provisions of this title and title III
of this Act and title VI of Public Law 109–295 shall carry out
their respective duties and responsibilities in a manner that does
not impede the implementation of requirements specified under
this title and title III of this Act and title VI of Public Law
109–295. Notwithstanding the obligations under section 1806 of
Public Law 109–295, the provisions of this title and title III of
this Act and title VI of Public Law 109–295 shall not preclude
or obstruct any such department or agency from exercising its
other authorities related to emergency communications matters.
SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS.

(a) IN GENERAL.—Not later than 90 days after the date of
enactment of this Act, the Federal Communications Commission,
in consultation with the Department of Homeland Security’s Office
of Emergency Communications, the Office of Management of
Budget, and the Department of State shall report to the Senate
Committee on Commerce, Science, and Transportation and the
House of Representatives Committee on Energy and Commerce
on—

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Canada.
Mexico.
6 USC 194 note.

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(1) the status of the mechanism established by the President under section 7303(c) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating
cross border interoperability issues between—
(A) the United States and Canada; and
(B) the United States and Mexico;
(2) the status of treaty negotiations with Canada and
Mexico regarding the coordination of the re-banding of 800
megahertz radios, as required under the final rule of the Federal Communication Commission in the ‘‘Private Land Mobile
Services; 800 MHz Public Safety Interface Proceeding’’ (WT
Docket No. 02–55; ET Docket No. 00–258; ET Docket No. 95–
18, RM–9498; RM–10024; FCC 04–168) including the status
of any outstanding issues in the negotiations between—
(A) the United States and Canada; and
(B) the United States and Mexico;
(3) communications between the Commission and the
Department of State 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 5 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 can
be taken by the Commission to decrease the rejection rate
for applications by United States private and public entities
seeking licenses to use channels and frequencies above Line
A.
(b) UPDATED REPORTS TO BE FILED ON THE STATUS OF TREATY
OF NEGOTIATIONS.—The Federal Communications Commission, in
conjunction with the Department of Homeland Security, the Office
of Management of Budget, and the Department of State shall continually provide updated reports to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives on the
status of treaty negotiations under subsection (a)(2) until the appropriate United States treaty has been revised with each of—
(1) Canada; and
(2) Mexico.
(c) INTERNATIONAL NEGOTIATIONS TO REMEDY SITUATION.—Not
later than 90 days after the date of enactment of this Act, the
Secretary of the Department of State shall report to Congress
on—
(1) the current process for considering applications by
Canada for frequencies and channels by United States communities above Line A;
(2) the status of current negotiations to reform and revise
such process;
(3) the estimated date of conclusion for such negotiations;
(4) whether the current process allows for automatic denials
or dismissals of initial applications by the Government of
Canada, and whether such denials or dismissals are currently
occurring; and
(5) communications between the Department of State and
the Federal Communications Commission pursuant to subsection (a)(3).

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PUBLIC LAW 110–53—AUG. 3, 2007

121 STAT. 543

SEC. 2204. EXTENSION OF SHORT QUORUM.

Notwithstanding section 4(d) of the Consumer Product Safety
Act (15 U.S.C. 2053(d)), 2 members of the Consumer Product Safety
Commission, if they are not affiliated with the same political party,
shall constitute a quorum for the 6-month period beginning on
the date of enactment of this Act.
SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN
COMMITTEES.

6 USC 194 note.

In addition to the committees specifically enumerated to receive
reports under this title, any report transmitted under the provisions
of this title shall also be transmitted to the appropriate congressional committees (as defined in section 2(2) of the Homeland Security Act of 2002 (6 U.S.C. 101(2))).

TITLE XXIII—EMERGENCY
COMMUNICATIONS MODERNIZATION
SEC. 2301. SHORT TITLE.

Improving
Emergency
Communications
Act of 2007.
47 USC 901 note.

This title may be cited as the ‘‘Improving Emergency Communications Act of 2007’’.
SEC. 2302. FUNDING FOR PROGRAM.

Section 3011 of the Digital Television Transition and Public
Safety Act of 2005 (Public Law 109–171; 47 U.S.C. 309 note) is
amended—
(1) by striking ‘‘The’’ and inserting:
‘‘(a) IN GENERAL.—The’’; and
(2) by adding at the end the following:
‘‘(b) CREDIT.—The Assistant Secretary may borrow from the
Treasury, upon enactment of the 911 Modernization Act, such sums
as necessary, but not to exceed $43,500,000, to implement this
section. The Assistant Secretary shall reimburse the Treasury, without interest, as funds are deposited into the Digital Television
Transition and Public Safety Fund.’’.
SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION.

Section 158(b)(4) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942(b)(4))
is amended by adding at the end thereof the following: ‘‘Within
180 days after the date of enactment of the 911 Modernization
Act, the Assistant Secretary and the Administrator shall jointly
issue regulations updating the criteria to allow a portion of the
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 that Act, for the incremental
cost of upgrading from Phase I to Phase II compliance. Such grants
shall be subject to all other requirements of this section.’’.

Regulations.
Deadline.
Grants.
Public safety.

TITLE XXIV—MISCELLANEOUS
PROVISIONS
SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.

(a) REVIEW REQUIRED.—Title VII of the Homeland Security
Act of 2002 is amended by adding at the end the following:

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121 STAT. 544
6 USC 347.

PUBLIC LAW 110–53—AUG. 3, 2007

‘‘SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.

‘‘(a) REQUIREMENT.—
‘‘(1) QUADRENNIAL REVIEWS REQUIRED.—In fiscal year 2009,
and every 4 years thereafter, the Secretary shall conduct a
review of the homeland security of the Nation (in this section
referred to as a ‘quadrennial homeland security review’).
‘‘(2) SCOPE OF REVIEWS.—Each quadrennial homeland security review shall be a comprehensive examination of the homeland security strategy of the Nation, including recommendations regarding the long-term strategy and priorities of the
Nation for homeland security and guidance on the programs,
assets, capabilities, budget, policies, and authorities of the
Department.
‘‘(3) CONSULTATION.—The Secretary shall conduct each
quadrennial homeland security review under this subsection
in consultation with—
‘‘(A) the heads of other Federal agencies, including
the Attorney General, the Secretary of State, the Secretary
of Defense, the Secretary of Health and Human Services,
the Secretary of the Treasury, the Secretary of Agriculture,
and the Director of National Intelligence;
‘‘(B) key officials of the Department; and
‘‘(C) other relevant governmental and nongovernmental
entities, including State, local, and tribal government officials, members of Congress, private sector representatives,
academics, and other policy experts.
‘‘(4) RELATIONSHIP WITH FUTURE YEARS HOMELAND SECURITY PROGRAM.—The Secretary shall ensure that each review
conducted under this section is coordinated with the Future
Years Homeland Security Program required under section 874.
‘‘(b) CONTENTS OF REVIEW.—In each quadrennial homeland
security review, the Secretary shall—
‘‘(1) delineate and update, as appropriate, the national
homeland security strategy, consistent with appropriate
national and Department strategies, strategic plans, and Homeland Security Presidential Directives, 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 the critical
homeland security mission areas of the Nation;
‘‘(3) describe the interagency cooperation, preparedness of
Federal response assets, infrastructure, budget plan, and other
elements of the homeland security program and policies of
the Nation associated with the national homeland security
strategy, required to execute successfully the full range of missions called for in the national homeland security strategy
described in paragraph (1) and the homeland security mission
areas outlined under paragraph (2);
‘‘(4) identify the budget plan required to provide sufficient
resources to successfully execute the full range of missions
called for in the national homeland security strategy described
in paragraph (1) and the homeland security mission areas
outlined under paragraph (2);
‘‘(5) include an assessment of the organizational alignment
of the Department with the national homeland security strategy
referred to in paragraph (1) and the homeland security mission
areas outlined under paragraph (2); and

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121 STAT. 545

‘‘(6) review and assess the effectiveness of the mechanisms
of the Department for executing the process of turning the
requirements developed in the quadrennial homeland security
review into an acquisition strategy and expenditure plan within
the Department.
‘‘(c) REPORTING.—
‘‘(1) IN GENERAL.—Not later than December 31 of the year
in which a quadrennial homeland security review is conducted,
the Secretary shall submit to Congress a report regarding that
quadrennial homeland security review.
‘‘(2) CONTENTS OF REPORT.—Each report submitted under
paragraph (1) shall include—
‘‘(A) the results of the quadrennial homeland security
review;
‘‘(B) a description of the threats to the assumed or
defined national homeland security interests of the Nation
that were examined for the purposes of that review;
‘‘(C) the national homeland security strategy, including
a prioritized list of the critical homeland security missions
of the Nation;
‘‘(D) a description of the interagency cooperation,
preparedness of Federal response assets, infrastructure,
budget plan, and other elements of the homeland security
program and policies of the Nation associated with the
national homeland security strategy, required to execute
successfully the full range of missions called for in the
applicable national homeland security strategy referred to
in subsection (b)(1) and the homeland security mission
areas outlined under subsection (b)(2);
‘‘(E) an assessment of the organizational alignment
of the Department with the applicable national homeland
security strategy referred to in subsection (b)(1) and the
homeland security mission areas outlined under subsection
(b)(2), including the Department’s organizational structure,
management systems, budget and accounting systems,
human resources systems, procurement systems, and physical and technical infrastructure;
‘‘(F) a discussion of the status of cooperation among
Federal agencies in the effort to promote national homeland
security;
‘‘(G) a discussion of the status of cooperation between
the Federal Government and State, local, and tribal governments in preventing terrorist attacks and preparing for
emergency response to threats to national homeland security;
‘‘(H) an explanation of any underlying assumptions
used in conducting the review; and
‘‘(I) any other matter the Secretary considers appropriate.
‘‘(3) PUBLIC AVAILABILITY.—The Secretary shall, consistent
with the protection of national security and other sensitive
matters, make each report submitted under paragraph (1) publicly available on the Internet website of the Department.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as may be necessary to carry out
this section.’’.

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PUBLIC LAW 110–53—AUG. 3, 2007

(b) PREPARATION FOR QUADRENNIAL HOMELAND SECURITY
REVIEW.—
(1) IN GENERAL.—During fiscal years 2007 and 2008, the
Secretary of Homeland Security shall make preparations to
conduct the first quadrennial homeland security review under
section 707 of the Homeland Security Act of 2002, as added
by subsection (a), in fiscal year 2009, including—
(A) determining the tasks to be performed;
(B) estimating the human, financial, and other
resources required to perform each task;
(C) establishing the schedule for the execution of all
project tasks;
(D) ensuring that these resources will be available
as needed; and
(E) all other preparations considered necessary by the
Secretary.
(2) REPORT.—Not later than 60 days after the date of
enactment of this Act, the Secretary shall submit to Congress
and make publicly available on the Internet website of the
Department of Homeland Security a detailed resource plan
specifying the estimated budget and number of staff members
that will be required for preparation of the first quadrennial
homeland security review.
(c) CLERICAL AMENDMENT.—The table of sections in section
1(b) of such Act is amended by inserting after the item relating
to section 706 the following new item:
‘‘Sec. 707. Quadrennial Homeland Security Review.’’.
SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION
OF RADICALIZATION LEADING TO IDEOLOGICALLY-BASED
VIOLENCE.

(a) FINDINGS.—Congress finds the following:
(1) The United States is engaged in a struggle against
a transnational terrorist movement of radical extremists that
plans, prepares for, and engages in acts of ideologically-based
violence worldwide.
(2) The threat of radicalization that leads to ideologicallybased violence transcends borders and has been identified as
a potential threat within the United States.
(3) Radicalization has been identified as a precursor to
terrorism caused by ideologically-based groups.
(4) Countering the threat of violent extremists domestically,
as well as internationally, is a critical element of the plan
of the United States for success in the fight against terrorism.
(5) United States law enforcement agencies have identified
radicalization that leads to ideologically-based violence as an
emerging threat and have in recent years identified cases of
extremists operating inside the United States, known as ‘‘homegrown’’ extremists, with the intent to provide support for, or
directly commit, terrorist attacks.
(6) Alienation of Muslim populations in the Western world
has been identified as a factor in the spread of radicalization
that could lead to ideologically-based violence.
(7) Many other factors have been identified as contributing
to the spread of radicalization and resulting acts of ideologically-based violence. Among these is the appeal of left-wing
and right-wing hate groups, and other hate groups, including

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121 STAT. 547

groups operating in prisons. Other such factors must be examined and countered as well in order to protect the homeland
from violent extremists of every kind.
(8) Radicalization leading to ideologically-based violence
cannot be prevented solely through law enforcement and intelligence measures.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the Secretary of Homeland Security, in consultation with other
relevant Federal agencies, should make a priority of countering
domestic radicalization that leads to ideologically-based violence
by—
(1) using intelligence analysts and other experts to better
understand the process of radicalization from sympathizer to
activist to terrorist;
(2) recruiting employees with diverse worldviews, skills,
languages, and cultural backgrounds, and expertise;
(3) consulting with experts to ensure that the lexicon used
within public statements is precise and appropriate and does
not aid extremists by offending religious, ethnic, and minority
communities;
(4) addressing prisoner radicalization and post-sentence reintegration, in concert with the Attorney General and State
and local corrections officials;
(5) pursuing broader avenues of dialogue with minority
communities, including the American Muslim community, to
foster mutual respect, understanding, and trust; and
(6) working directly with State, local, and community
leaders to—
(A) educate such leaders about the threat of
radicalization that leads to ideologically-based violence and
the necessity of taking preventative action at the local
level; and
(B) facilitate the sharing of best practices from other
countries and communities to encourage outreach to
minority communities, including the American Muslim
community, and develop partnerships among and between
all religious faiths and ethnic groups.
SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN
COMMITTEES.

6 USC 121 note.

The Committee on Commerce, Science, and Transportation of
the Senate shall receive the reports required by the following provisions of law in the same manner and to the same extent that
the reports are to be received by the Committee on Homeland
Security and Governmental Affairs of the Senate:
(1) Section 1016(j)(1) of the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
(2) Section 511(d) of this Act.
(3) Subsection (a)(3)(D) of section 2022 of the Homeland
Security Act of 2002, as added by section 101 of this Act.
(4) Section 7215(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
(5) Section 7209(b)(1)(C) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
(6) Section 804(c) of this Act.
(7) Section 901(b) of this Act.
(8) Section 1002(a) of this Act.

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PUBLIC LAW 110–53—AUG. 3, 2007
(9) Title III of this Act.

6 USC 121 note.

SEC. 2404. DEMONSTRATION PROJECT.

Deadline.

(a) DEMONSTRATION PROJECT REQUIRED.—Not later than 120
days after the date of enactment of this Act, the Secretary of
Homeland Security shall—
(1) establish a demonstration project to conduct demonstrations of security management systems that—
(A) shall use a management system standards
approach; and
(B) may be integrated into quality, safety, environmental and other internationally adopted management systems; and
(2) enter into one or more agreements with a private sector
entity to conduct such demonstrations of security management
systems.
(b) SECURITY MANAGEMENT SYSTEM DEFINED.—In this section,
the term ‘security management system’ means a set of guidelines
that address the security assessment needs of critical infrastructure
and key resources that are consistent with a set of generally
accepted management standards ratified and adopted by a standards making body.

Contracts.

SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT
OF HOMELAND SECURITY.

Deadline.

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(a) RESPONSIBILITIES.—Section 701(a) of the Homeland Security
Act of 2002 (6 U.S.C. 341) is amended—
(1) by inserting ‘‘The Under Secretary for Management
shall serve as the Chief Management Officer and principal
advisor to the Secretary on matters related to the management
of the Department, including management integration and
transformation in support of homeland security operations and
programs.’’ before ‘‘The Secretary’’;
(2) by striking paragraph (7) and inserting the following:
‘‘(7) Strategic management planning and annual performance planning and identification and tracking of performance
measures relating to the responsibilities of the Department.’’;
and
(3) by striking paragraph (9), and inserting the following:
‘‘(9) The management integration and transformation
process, as well as the transition process, to ensure an efficient
and orderly consolidation of functions and personnel in the
Department and transition, including—
‘‘(A) the development of a management integration
strategy for the Department, and
‘‘(B) before December 1 of any year in which a Presidential election is held, the development of a transition
and succession plan, to be made available to the incoming
Secretary and Under Secretary for Management, to guide
the transition of management functions to a new Administration.’’.
(b) APPOINTMENT AND EVALUATION.—Section 701 of the Homeland Security Act of 2002 (6 U.S.C. 341), as amended by subsection
(a), is further amended by adding at the end the following:
‘‘(c) APPOINTMENT AND EVALUATION.—The Under Secretary for
Management shall—
‘‘(1) be appointed by the President, by and with the advice
and consent of the Senate, from among persons who have—

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121 STAT. 549

‘‘(A) extensive executive level leadership and management experience in the public or private sector;
‘‘(B) strong leadership skills;
‘‘(C) a demonstrated ability to manage large and complex organizations; and
‘‘(D) a proven record in achieving positive operational
results;
‘‘(2) enter into an annual performance agreement with the
Secretary that shall set forth measurable individual and
organizational goals; and
‘‘(3) be subject to an annual performance evaluation by
the Secretary, who shall determine as part of each such evaluation whether the Under Secretary for Management has made
satisfactory progress toward achieving the goals set out in
the performance agreement required under paragraph (2).’’.
(c) DEADLINE FOR APPOINTMENT; INCUMBENT.—
(1) DEADLINE FOR APPOINTMENT.—Not later than 90 days
after the date of the enactment of this Act, the Secretary
of Homeland Security shall name an individual who meets
the qualifications of section 701 of the Homeland Security Act
(6 U.S.C. 341), as amended by subsections (a) and (b), to serve
as the Under Secretary of Homeland Security for Management.
The Secretary may submit the name of the individual who
serves in the position of Under Secretary of Homeland Security
for Management on the date of enactment of this Act together
with a statement that informs the Congress that the individual
meets the qualifications of such section as so amended.
(2) INCUMBENT.—The incumbent serving as Under Secretary of Homeland Security for Management on November
4, 2008, is authorized to continue serving in that position
until a successor is confirmed, to ensure continuity in the
management functions of the Department.
(d) SENSE OF CONGRESS WITH RESPECT TO SERVICE OF INCUMBENTS.—It is the sense of the Congress that the person serving
as Under Secretary of Homeland Security for Management on the
date on which a Presidential election is held should be encouraged
by the newly-elected President to remain in office in a new Administration until such time as a successor is confirmed by Congress.

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Contracts.

6 USC 341 note.

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PUBLIC LAW 110–53—AUG. 3, 2007

(e) EXECUTIVE SCHEDULE.—Section 5313 of title 5, United
States Code, is amended by inserting after the item relating to
the Deputy Secretary of Homeland Security the following:
‘‘Under Secretary of Homeland Security for Management.’’.
Approved August 3, 2007.

LEGISLATIVE HISTORY—H.R. 1 (S. 4):
HOUSE REPORTS: No. 110–259 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 153 (2007):
Jan. 9, considered and passed House.
July 8, considered and passed Senate, amended, in lieu of S. 4.
July 26, Senate agreed to conference report.
July 27, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
Aug. 3, Presidential statement.

Æ

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