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Recommendations of the 9/11 Commission Act of 2007

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(Public Law 110-53 of August 3, 2007)

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

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

Short Title; Table of Contents

Section 1.

(a) Short Title—This Act may be cited as the `Implementing Recommendations of the 9/11 Commission Act of 2007'.

(b) Table of Contents—The table of contents for this Act is as follows:

 

 

Sec. 1. Short title; table of contents.

 
Title I—Homeland Security Grants

Sec. 101. Homeland Security Grant Program.

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

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

   of 2006.

Sec. 104. Technical and conforming amendments.

 
Title II—Emergency Management Performance Grants

Sec. 201. Emergency management performance grant program.

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

 
Title III—Ensuring Communications Interoperability For First Responders

Sec. 301. Interoperable emergency communications grant program.

Sec. 302. Border interoperability demonstration project.

 
Title IV—Strengthening Use Of The Incident Command System

Sec. 401. Definitions.

Sec. 402. National exercise program design.

Sec. 403. National exercise program model exercises.

Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen

   incident command; private sector preparedness.

Sec. 405. Federal response capability inventory.

Sec. 406. Reporting requirements.

Sec. 407. Federal preparedness.

Sec. 408. Credentialing and typing.

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

Sec. 410. Authorization of appropriations.


Title V—Improving Intelligence And Information Sharing Within The  Federal Government And With State, Local, And Tribal Governments

Subtitle A—Homeland Security Information Sharing Enhancement

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

Sec. 502. Intelligence Component Defined.

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

Sec. 504. Information sharing.


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.

Sec. 1104. Integration of detection equipment and technologies.

Title XII—Transportation Security Planning And Information Sharing

Sec. 1201. Definitions.

Sec. 1202. Transportation security strategic planning.

Sec. 1203. Transportation security information sharing.

Sec. 1204. National domestic preparedness consortium.

Sec. 1205. National transportation security center of excellence.

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

Title XIII—Transportation Security Enhancements

Sec. 1301. Definitions.

Sec. 1302. Enforcement authority.

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

Sec. 1304. Surface transportation security inspectors.

Sec. 1305. Surface transportation security technology information sharing.

Sec. 1306. TSA personnel limitations.

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

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

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

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

 
Title XIV—Public Transportation Security

Sec. 1401. Short title.

Sec. 1402. Definitions.

Sec. 1403. Findings.

Sec. 1404. National Strategy for Public Transportation Security.

Sec. 1405. Security assessments and plans.

Sec. 1406. Public transportation security assistance.

Sec. 1407. Security exercises.

Sec. 1408. Public transportation security training program.

Sec. 1409. Public transportation research and development.

Sec. 1410. Information sharing.

Sec. 1411. Threat assessments.

Sec. 1412. Reporting requirements.

Sec. 1413. Public transportation employee protections.

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

     transportation.

Sec. 1415. Limitation on fines and civil penalties.

 

Title XV—Surface Transportation Security

Subtitle A—General Provisions

Sec. 1501. Definitions.

Sec. 1502. Oversight and grant procedures.

Sec. 1503. Authorization of appropriations.

Sec. 1504. Public awareness.

Subtitle B—Railroad Security

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

Sec. 1512. Railroad carrier assessments and plans.

Sec. 1513. Railroad security assistance.

Sec. 1514. Systemwide Amtrak security upgrades.

Sec. 1515. Fire and life safety improvements.

Sec. 1516. Railroad carrier exercises.

Sec. 1517. Railroad security training program.

Sec. 1518. Railroad security research and development.

Sec. 1519. Railroad tank car security testing.

Sec. 1520. Railroad threat assessments.

Sec. 1521. Railroad employee protections.

Sec. 1522. Security background checks of covered individuals.

Sec. 1523. Northern border railroad passenger report.

Sec. 1524. International Railroad Security Program.

Sec. 1525. Transmission line report.

Sec. 1526. Railroad security enhancements.

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

Sec. 1528. Railroad preemption clarification.


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

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

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

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

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

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

Sec. 1536. Motor carrier employee protections.

Sec. 1537. Unified carrier registration system agreement.

Sec. 1538. School bus transportation security.

Sec. 1539. Technical amendment.

Sec. 1540. Truck security assessment.

Sec. 1541. Memorandum of understanding annex.

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

 

Subtitle D—Hazardous Material and Pipeline Security

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

Sec. 1552. Railroad security-sensitive material tracking.

Sec. 1553. Hazardous materials highway routing.

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

Sec. 1555. Hazardous materials security inspections and study.

Sec. 1556. Technical corrections.

Sec. 1557. Pipeline security inspections and enforcement.

Sec. 1558. Pipeline security and incident recovery plan.


Title XVI—Aviation

Sec. 1601. Airport checkpoint screening fund.

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

Sec. 1603. In-line baggage screening.

Sec. 1604. In-line baggage system deployment.

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

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

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

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

Sec. 1609. Blast-resistant cargo containers.

Sec. 1610. Protection of passenger planes from explosives.

Sec. 1611. Specialized training.

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

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

Sec. 1614. Security credentials for airline crews.

Sec. 1615. Law enforcement officer biometric credential.

Sec. 1616. Repair station security.

Sec. 1617. General aviation security.

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

 
Title XVII—Maritime Cargo

Sec. 1701. Container scanning and seals.

 

Title XVIII—Preventing Weapons Of Mass Destruction  Proliferation And Terrorism

Sec. 1801. Findings.

Sec. 1802. Definitions.

Subtitle A—Repeal and Modification of Limitations on Assistance for Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for prevention of

                  weapons of mass destruction proliferation and terrorism.

Subtitle B—Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and authorities.

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

Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.

Sec. 1832. Authorization of appropriations for the Department of Defense

                  Cooperative Threat Reduction Program.

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

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

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

Sec. 1842. Sense of Congress on United States-Russia cooperation and

     coordination on the prevention of weapons of mass destruction  

     proliferation and terrorism.

 Subtitle E—Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of Mass

     Destruction Proliferation and Terrorism.

Sec. 1852. Purposes of Commission.

Sec. 1853. Composition of Commission.

Sec. 1854. Responsibilities of Commission.

Sec. 1855. Powers of Commission.

Sec. 1856. Nonapplicability of Federal Advisory Committee Act.

Sec. 1857. Report.

Sec. 1858. Termination.

Sec. 1859. Funding.


Title XIX—International Cooperation On Antiterrorism Technologies

Sec. 1901. Promoting antiterrorism capabilities through international

     cooperation.

Sec. 1902. Transparency of funds.

Title XX—9/11 Commission International Implementation

Sec. 2001. Short title.

Sec. 2002. Definition.

 
Subtitle A—Quality Educational Opportunities in Predominantly Muslim Countries.

Sec. 2011. Findings; Policy.

Sec. 2012. International Muslim Youth Opportunity Fund.

Sec. 2013. Annual report to Congress.

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


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

Sec. 2021. Middle East Foundation.

 
Subtitle C—Reaffirming United States Moral Leadership

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

Sec. 2032. Oversight of international broadcasting.

Sec. 2033. Expansion of United States scholarship, exchange, and library

     programs in predominantly Muslim countries.

Sec. 2034. United States policy toward detainees.


Subtitle D—Strategy for the United States Relationship With Afghanistan, Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.

Sec. 2042. Pakistan.

Sec. 2043. Saudi Arabia.

Title XXI—Advancing Democratic Values

Sec. 2101. Short title.

Sec. 2102. Findings.

Sec. 2103. Statement of policy.

Sec. 2104. Definitions.

Subtitle A—Activities to Enhance the Promotion of Democracy

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

Sec. 2112. Democracy Fellowship Program.

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

 Subtitle B—Strategies and Reports on Human Rights and the Promotion of Democracy

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

Sec. 2122. Translation of human rights reports.

 

Subtitle C—Advisory Committee on Democracy Promotion

and the Internet Website of the Department of State

Sec. 2131. Advisory Committee on Democracy Promotion.

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

     of State.

 
Subtitle D—Training in Democracy and Human Rights; Incentives

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

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

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

 
Subtitle E—Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

Subtitle F—Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.

Sec. 2162. United States democracy assistance programs.

 

Title XXII—Interoperable Emergency Communications

Sec. 2201. Interoperable emergency communications.

Sec. 2202. Clarification of congressional intent.

Sec. 2203. Cross border interoperability reports.

Sec. 2204. Extension of short quorum.

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

 Title XXIII—Emergency Communications Modernization

Sec. 2301. Short title.

Sec. 2302. Funding for program.

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


Title XXIV—Miscellaneous Provisions

Sec. 2401. Quadrennial homeland security review.

Sec. 2402. Sense of the Congress regarding the prevention of radicalization

      leading to ideologically-based violence.

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

Sec. 2404. Demonstration project.

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

     Security.

 
TITLE V—IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

 [Amendments omitted here – see the Intelligence Reform and Terrorism Prevention Act and Homeland Security Act in this book]

 TITLE VI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

 
Availability To Public Of Certain Intelligence Funding Information.

 

Sec. 601.

(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)).

Sec. 602. [Omitted.]

 

Sense Of The Senate Regarding A Report On The 9/11 Commission Recommendations With Respect To Intelligence Reform And Congressional Intelligence Oversight Reform.

 

Sec. 603.

(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.

(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. [Omitted.]

 

Availability Of The Executive Summary Of The Report On Central Intelligence Agency Accountability Regarding The Terrorist Attacks Of September 11, 2001.

 

Sec. 605.

(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.

TITLE VIII—PRIVACY AND CIVIL LIBERTIES

 

Modification Of Authorities Relating To Privacy And Civil Liberties Oversight Board.

Sec. 801.

(a) [Omitted.  See the Intelligence Reform and Terrorism Prevention Act and Homeland Security Act in this book]

(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.

(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.

Sec. 802. [Omitted.]


Sec. 803. [Omitted.  See the Intelligence Reform and Terrorism Prevention Act and Homeland Security Act in this book]
 

Federal Agency Data Mining Reporting Act Of 2007.
 

Sec. 804.

(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—

(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.

(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).


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Implementing Recommendations of
the 9/11 Commission Act of 2007

 

(Public Law 110-53 of August 3, 2007)

 

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

 

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled

 

Short Title; Table of Contents

Section 1.

(a) Short Title—This Act may be cited as the `Implementing Recommendations of the 9/11 Commission Act of 2007'.

(b) Table of Contents—The table of contents for this Act is as follows:

 

 

Sec. 1. Short title; table of contents.

 

Title I—Homeland Security Grants

Sec. 101. Homeland Security Grant Program.

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

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

   of 2006.

Sec. 104. Technical and conforming amendments.

 

Title II—Emergency Management Performance Grants

Sec. 201. Emergency management performance grant program.

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

 

Title III—Ensuring Communications

Interoperability For First Responders

Sec. 301. Interoperable emergency communications grant program.

Sec. 302. Border interoperability demonstration project.

 

Title IV—Strengthening Use Of The Incident Command System

Sec. 401. Definitions.

Sec. 402. National exercise program design.

Sec. 403. National exercise program model exercises.

Sec. 404. Preidentifying and evaluating multijurisdictional facilities to strengthen

   incident command; private sector preparedness.

Sec. 405. Federal response capability inventory.

Sec. 406. Reporting requirements.

Sec. 407. Federal preparedness.

Sec. 408. Credentialing and typing.

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

Sec. 410. Authorization of appropriations.

 

Title V—Improving Intelligence And Information Sharing

Within The  Federal Government And With

State, Local, And Tribal Governments

 

Subtitle A—Homeland Security Information Sharing Enhancement

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

Sec. 502. Intelligence Component Defined.

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

Sec. 504. Information sharing.

 

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.

Sec. 1104. Integration of detection equipment and technologies.

 

Title XII—Transportation Security Planning

And Information Sharing

Sec. 1201. Definitions.

Sec. 1202. Transportation security strategic planning.

Sec. 1203. Transportation security information sharing.

Sec. 1204. National domestic preparedness consortium.

Sec. 1205. National transportation security center of excellence.

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

     behavior and response.

 

Title XIII—Transportation Security Enhancements

Sec. 1301. Definitions.

Sec. 1302. Enforcement authority.

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

Sec. 1304. Surface transportation security inspectors.

Sec. 1305. Surface transportation security technology information sharing.

Sec. 1306. TSA personnel limitations.

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

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

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

     felons.

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

     Transportation.

 

Title XIV—Public Transportation Security

Sec. 1401. Short title.

Sec. 1402. Definitions.

Sec. 1403. Findings.

Sec. 1404. National Strategy for Public Transportation Security.

Sec. 1405. Security assessments and plans.

Sec. 1406. Public transportation security assistance.

Sec. 1407. Security exercises.

Sec. 1408. Public transportation security training program.

Sec. 1409. Public transportation research and development.

Sec. 1410. Information sharing.

Sec. 1411. Threat assessments.

Sec. 1412. Reporting requirements.

Sec. 1413. Public transportation employee protections.

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

     transportation.

Sec. 1415. Limitation on fines and civil penalties.

 

Title XV—Surface Transportation Security

 

Subtitle A—General Provisions

Sec. 1501. Definitions.

Sec. 1502. Oversight and grant procedures.

Sec. 1503. Authorization of appropriations.

Sec. 1504. Public awareness.

 

Subtitle B—Railroad Security

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

Sec. 1512. Railroad carrier assessments and plans.

Sec. 1513. Railroad security assistance.

Sec. 1514. Systemwide Amtrak security upgrades.

Sec. 1515. Fire and life safety improvements.

Sec. 1516. Railroad carrier exercises.

Sec. 1517. Railroad security training program.

Sec. 1518. Railroad security research and development.

Sec. 1519. Railroad tank car security testing.

Sec. 1520. Railroad threat assessments.

Sec. 1521. Railroad employee protections.

Sec. 1522. Security background checks of covered individuals.

Sec. 1523. Northern border railroad passenger report.

Sec. 1524. International Railroad Security Program.

Sec. 1525. Transmission line report.

Sec. 1526. Railroad security enhancements.

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

Sec. 1528. Railroad preemption clarification.

 

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

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

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

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

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

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

Sec. 1536. Motor carrier employee protections.

Sec. 1537. Unified carrier registration system agreement.

Sec. 1538. School bus transportation security.

Sec. 1539. Technical amendment.

Sec. 1540. Truck security assessment.

Sec. 1541. Memorandum of understanding annex.

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

 

Subtitle D—Hazardous Material and Pipeline Security

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

Sec. 1552. Railroad security-sensitive material tracking.

Sec. 1553. Hazardous materials highway routing.

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

Sec. 1555. Hazardous materials security inspections and study.

Sec. 1556. Technical corrections.

Sec. 1557. Pipeline security inspections and enforcement.

Sec. 1558. Pipeline security and incident recovery plan.

 

Title XVI—Aviation

Sec. 1601. Airport checkpoint screening fund.

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

Sec. 1603. In-line baggage screening.

Sec. 1604. In-line baggage system deployment.

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

     system.

Sec. 1606. Appeal and redress process for passengers wrongly delayed or

     prohibited from boarding a flight.

Sec. 1607. Strengthening explosives detection at passenger screening

     checkpoints.

Sec. 1608. Research and development of aviation transportation security

     technology.

Sec. 1609. Blast-resistant cargo containers.

Sec. 1610. Protection of passenger planes from explosives.

Sec. 1611. Specialized training.

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

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

Sec. 1614. Security credentials for airline crews.

Sec. 1615. Law enforcement officer biometric credential.

Sec. 1616. Repair station security.

Sec. 1617. General aviation security.

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

 

Title XVII—Maritime Cargo

Sec. 1701. Container scanning and seals.

 

Title XVIII—Preventing Weapons Of Mass Destruction

 Proliferation And Terrorism

Sec. 1801. Findings.

Sec. 1802. Definitions.

 

Subtitle A—Repeal and Modification of Limitations on Assistance for

Prevention of WMD Proliferation and Terrorism

Sec. 1811. Repeal and modification of limitations on assistance for prevention of

                  weapons of mass destruction proliferation and terrorism.

 

Subtitle B—Proliferation Security Initiative

Sec. 1821. Proliferation Security Initiative improvements and authorities.

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

 

Subtitle C—Assistance to Accelerate Programs to Prevent Weapons of Mass Destruction Proliferation and Terrorism

Sec. 1831. Statement of policy.

Sec. 1832. Authorization of appropriations for the Department of Defense

                  Cooperative Threat Reduction Program.

Sec. 1833. Authorization of appropriations for the Department of Energy

programs to prevent weapons of mass destruction proliferation and   

terrorism.

 

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

Sec. 1841. Office of the United States Coordinator for the Prevention of

     Weapons of Mass Destruction Proliferation and Terrorism.

Sec. 1842. Sense of Congress on United States-Russia cooperation and

     coordination on the prevention of weapons of mass destruction  

     proliferation and terrorism.

 

Subtitle E—Commission on the Prevention of Weapons of

Mass Destruction Proliferation and Terrorism

Sec. 1851. Establishment of Commission on the Prevention of Weapons of Mass

     Destruction Proliferation and Terrorism.

Sec. 1852. Purposes of Commission.

Sec. 1853. Composition of Commission.

Sec. 1854. Responsibilities of Commission.

Sec. 1855. Powers of Commission.

Sec. 1856. Nonapplicability of Federal Advisory Committee Act.

Sec. 1857. Report.

Sec. 1858. Termination.

Sec. 1859. Funding.

 

Title XIX—International Cooperation On

Antiterrorism Technologies

Sec. 1901. Promoting antiterrorism capabilities through international

     cooperation.

Sec. 1902. Transparency of funds.

 

Title XX—9/11 Commission International Implementation

Sec. 2001. Short title.

Sec. 2002. Definition.

 

Subtitle A—Quality Educational Opportunities in

Predominantly Muslim Countries.

Sec. 2011. Findings; Policy.

Sec. 2012. International Muslim Youth Opportunity Fund.

Sec. 2013. Annual report to Congress.

Sec. 2014. Extension of program to provide grants to American-sponsored

     schools in predominantly Muslim Countries to provide scholarships.

 

Subtitle B—Democracy and Development

in the Broader Middle East Region

Sec. 2021. Middle East Foundation.

 

Subtitle C—Reaffirming United States Moral Leadership

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

Sec. 2032. Oversight of international broadcasting.

Sec. 2033. Expansion of United States scholarship, exchange, and library

     programs in predominantly Muslim countries.

Sec. 2034. United States policy toward detainees.

 

Subtitle D—Strategy for the United States Relationship With

Afghanistan, Pakistan, and Saudi Arabia

Sec. 2041. Afghanistan.

Sec. 2042. Pakistan.

Sec. 2043. Saudi Arabia.

 

Title XXI—Advancing Democratic Values

Sec. 2101. Short title.

Sec. 2102. Findings.

Sec. 2103. Statement of policy.

Sec. 2104. Definitions.

 

Subtitle A—Activities to Enhance the Promotion of Democracy

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

Sec. 2112. Democracy Fellowship Program.

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

 

Subtitle B—Strategies and Reports on Human Rights

and the Promotion of Democracy

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

Sec. 2122. Translation of human rights reports.

 

Subtitle C—Advisory Committee on Democracy Promotion

and the Internet Website of the Department of State

Sec. 2131. Advisory Committee on Democracy Promotion.

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

     of State.

 

Subtitle D—Training in Democracy and Human Rights; Incentives

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

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

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

 

Subtitle E—Cooperation With Democratic Countries

Sec. 2151. Cooperation with democratic countries.

 

Subtitle F—Funding for Promotion of Democracy

Sec. 2161. The United Nations Democracy Fund.

Sec. 2162. United States democracy assistance programs.

 

Title XXII—Interoperable Emergency Communications

Sec. 2201. Interoperable emergency communications.

Sec. 2202. Clarification of congressional intent.

Sec. 2203. Cross border interoperability reports.

Sec. 2204. Extension of short quorum.

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

 

Title XXIII—Emergency Communications Modernization

Sec. 2301. Short title.

Sec. 2302. Funding for program.

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

 

Title XXIV—Miscellaneous Provisions

Sec. 2401. Quadrennial homeland security review.

Sec. 2402. Sense of the Congress regarding the prevention of radicalization

      leading to ideologically-based violence.

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

Sec. 2404. Demonstration project.

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

     Security.

 

TITLE V—IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

 

[Amendments omitted here – see the Intelligence Reform and Terrorism Prevention Act and Homeland Security Act in this book]

 

TITLE VI—CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

 

Availability To Public Of Certain

Intelligence Funding Information.

 

Sec. 601.

(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)).

Sec. 602. [Omitted.]

 

Sense Of The Senate Regarding A Report On The 9/11 Commission Recommendations With Respect To Intelligence Reform And Congressional Intelligence Oversight Reform.

 

Sec. 603.

(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.

(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. [Omitted.]

 

Availability Of The Executive Summary Of The Report On Central Intelligence Agency Accountability Regarding The Terrorist Attacks Of September 11, 2001.

 

Sec. 605.

(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.

TITLE VIII—PRIVACY AND CIVIL LIBERTIES

 

Modification Of Authorities Relating To Privacy

And Civil Liberties Oversight Board.

Sec. 801.

(a) [Omitted.  See the Intelligence Reform and Terrorism Prevention Act and Homeland Security Act in this book]

(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.

(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.

Sec. 802. [Omitted.]

 

Sec. 803. [Omitted.  See the Intelligence Reform and Terrorism Prevention Act and Homeland Security Act in this book]

 

 

 

Federal Agency Data Mining Reporting Act Of 2007.

 

Sec. 804.

(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—

(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.

(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).

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