[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 345 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 345

To establish a Homeland Security and Neighborhood Safety Trust Fund and 
refocus Federal priorities toward securing the Homeland, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 22, 2007

Mr. Reid (for Mr. Biden) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To establish a Homeland Security and Neighborhood Safety Trust Fund and 
refocus Federal priorities toward securing the Homeland, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Homeland Security Trust Fund Act of 
2007''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) In 2002, an independent, bipartisan commission, the 
        National Commission on Terrorist Attacks Upon the United States 
        (in this section referred to as the ``Commission''), was 
        established under title VI of Public Law 107-306 to prepare a 
        full and complete account of the circumstances surrounding the 
        September 11, 2001, terrorist attacks, including preparedness 
        for and the immediate response to the attacks.
            (2) The Commission was also tasked with providing 
        recommendations designed to guard against future attacks 
        against the United States.
            (3) The Commission held 12 public hearings to offer a 
        public dialogue about the Commission's goals and priorities, 
        sought to learn about work already completed, and the state of 
        current knowledge, all in order to identify the most important 
        issues and questions requiring further investigation.
            (4) The Commission was widely praised for its thorough 
        investigation and the bi-partisan nature of its proceedings.
            (5) On July 22, 2004, the Commission released its final 
        report that set out the events leading to the attacks on 
        September 11th, a chilling minute-by-minute account of that 
        tragic day, and, more importantly, issued 41 recommendations to 
        better prepare the United States to protect against future 
        terrorist attacks.
            (6) While the Commission was officially dissolved, the 
        Commissioners stayed together to create the 9/11 Public 
        Discourse Project in order to push for the implementation of 
        those recommendations.
            (7) On December 5, 2005, the Commissioners released a 
        report card evaluating the progress in implementing those 
        recommendations.
            (8) The Commissioners issued very few A's and B's and 
        issued 12 D's and 5 failing grades.
            (9) The failures identified by the Commissioners' report 
        card were across the board, ranging from transportation 
        security, to infrastructure protection and government reform.
            (10) Specifically, the Commissioners stated that ``few 
        improvements have been made to the existing passenger screening 
        system since right after 9/11. The completion of the testing 
        phase of TSA's pre-screening program for airline passengers has 
        been delayed. A new system, utilizing all names on the 
        consolidated terrorist watch list, is therefore not yet in 
        operation.''.
            (11) The Commissioners also found that
        ``... No risk and vulnerability assessments actually made; no 
        national priorities established; no recommendations made on 
        allocation of scarce resources. . . . It is time that we stop 
        talking about setting priorities and actually set some.''.
            (12) The Commission issued a grade of D on checked bag and 
        cargo screening measures, stating that ``improvements have not 
        been made by the Congress or the administration. Progress on 
        implementation of in-line screening has been slow. The main 
        impediment is inadequate funding.''.
            (13) With regard to information sharing and technology, the 
        Commission noted that ``there has been no systematic diplomatic 
        efforts to share terrorist watch lists, nor has Congress taken 
        a leadership role in passport security . . .'' and that ``there 
        remain many complaints about lack of information sharing 
        between federal authorities and state and local level 
        officials.''.
            (14) The Administration has failed to focus on prevention 
        here at home by abandoning our first line of defense against 
        terrorism--local law enforcement.
            (15) In the President's fiscal year 2006 budget request, 
        the President requested a cut of over $2,000,000,000 in 
        guaranteed assistance to law enforcement.
            (16) According to the International Association of Chiefs 
        of Police, this decision represents a fundamentally flawed view 
        of what is needed to prevent domestic terror attacks.
            (17) The Council on Foreign Relations released a report 
        entitled, ``Emergency First Responders: Drastically 
        Underfunded, Dangerously Unprepared'', in which the Council 
        found that ``America's local emergency responders will always 
        be the first to confront a terrorist incident and will play the 
        central role in managing its immediate consequences. Their 
        efforts in the first minutes and hours following an attack will 
        be critical to saving lives, establishing order, and preventing 
        mass panic. The United States has both a responsibility and a 
        critical need to provide them with the equipment, training, and 
        other resources necessary to do their jobs safely and 
        effectively.''.
            (18) The Council further concluded that many State and 
        local emergency responders, including police officers and 
        firefighters, lack the equipment and training needed to respond 
        effectively to a terrorist attack involving weapons of mass 
        destruction.
            (19) Current first responder funding must be increased to 
        help local agencies create counter-terrorism units and assist 
        such agencies to integrate community policing models with 
        counter-terror efforts.
            (20) First responders still do not have adequate spectrum 
        to communicate during an emergency. Congress finally passed 
        legislation forcing the networks to turn over spectrum, but the 
        date was set for February 2008. This is unacceptable, this 
        spectrum should be turned over immediately.
            (21) The Federal Government has a responsibility to ensure 
        that the people of the United States are protected to the 
        greatest possible extent against a terrorist attack, especially 
        an attack that utilizes nuclear, chemical, biological, or 
        radiological weapons, and consequently, the Federal Government 
        has a critical responsibility to address the equipment, 
        training, and other needs of State and local first responders.
            (22) To echo the sentiments of the National Commission on 
        Terrorist Attacks upon the United States, ``it is time that we 
        stop talking about setting priorities and actually set some.''.
            (23) The cost of fully implementing all 41 recommendations 
        put forth by the Commission and the common sense steps to 
        secure the homeland represents less than 1 year of President 
        Bush's tax cuts for millionaires.
            (24) By investing 1 year of the tax cuts for millionaires 
        into a trust fund to be invested over the next 5 years, the 
        Federal Government can implement the Commission's 
        recommendations and make great strides towards making our 
        Nation safer.
            (25) The Americans making more than $1,000,000 understand 
        that our country changed after 9/11, yet they have not been 
        asked to sacrifice for the good of the Nation.
            (26) In this Act, we call on the patriotism of such 
        Americans by revoking 1 year of their tax cut and investing the 
        resulting revenues in the security of our neighbors and 
        families.

SEC. 3. DEFINITIONS.

    In this Act--
            (1) Trust fund.--The term ``Trust Fund'' means the Homeland 
        Security and Neighborhood Safety Trust Fund established under 
        section 4.
            (2) Commission.--The term ``Commission'' means the National 
        Commission on Terrorist Attacks upon the United States, 
        established under title VI of the Intelligence Authorization 
        Act for Fiscal Year 2003 (Pub. Law 107-306; 6 U.S.C. 101 note).

SEC. 4. HOMELAND SECURITY AND NEIGHBORHOOD SAFETY TRUST FUND.

    (a) Establishment of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
``Homeland Security and Neighborhood Safety Trust Fund'', consisting of 
such amounts as may be appropriated or credited to the Trust Fund.
    (b) Rules Regarding Transfers to and Management of Trust Fund.--For 
purposes of this section, rules similar to the rules of sections 9601 
and 9602 of the Internal Revenue Code of 1986 shall apply.
    (c) Distribution of Amounts in Trust Fund.--Amounts in the Trust 
Fund shall be available, as provided by appropriation Acts, for making 
expenditures for fiscal years 2007 through 2011 to meet those 
obligations of the United States incurred which are authorized under 
section 5 of this Act for such fiscal years.
    (d) Sense of the Senate.--It is the sense of the Senate that the 
Committee on Finance of the Senate should report to the Senate not 
later than 30 days after the date of the enactment of this Act 
legislation which--
            (1) increases revenues to the Treasury in the amount of 
        $53,300,000,000 during taxable years 2007 through 2011 by 
        reducing scheduled and existing income tax reductions enacted 
        since taxable year 2001 with respect to the taxable incomes of 
        taxpayers in excess of $1,000,000, and
            (2) appropriates an amount equal to such revenues to the 
        Homeland Security and Neighborhood Safety Trust Fund.

SEC. 5. PREVENTING TERROR ATTACKS ON THE HOMELAND.

    (a) Authorization of Appropriations for Supporting Law 
Enforcement.--There are authorized to be appropriated from the Trust 
Fund--
            (1) $1,150,000,000 for fiscal years 2007 through 2011 for 
        the Office of Community Oriented Policing Services for grants 
        to State, local, and tribal law enforcement to hire officers, 
        purchase technology, conduct training, and to develop local 
        counter-terrorism units; and
            (2) $900,000,000 for each of the fiscal years 2007 through 
        2011 for the Justice Assistance Grant.
    (b) Responding to Terrorist Attacks and Natural Disasters.--
            (1) Authorization of appropriations.--There are authorized 
        to be appropriated from the Trust Fund--
                    (A) $1,000,000,000 for each of fiscal years 2007 
                through 2011 to the Office of Community Oriented 
                Policing Services working with the Department of 
                Homeland Security to provide grants to enhance State 
                and local government interoperable communications 
                efforts, including interagency planning and purchasing 
                equipment;
                    (B) $500,000,000 for each of fiscal years 2007 
                through 2011 for the Office of Domestic Preparedness 
                for Fire Act Grants; and
                    (C) $500,000,000 for each of fiscal years 2007 
                through 2011 for the Office of Domestic Preparedness 
                for SAFER Grants.
            (2) Prevention of delay in reassignment of 24 megahertz for 
        public safety purposes.--Section 309(j)(14) of the 
        Communications Act of 1934 (47 20 U.S.C. 309(j)(14)) is amended 
        by adding at the end the following:
                    ``(E) Notwithstanding subparagraph (B), the 
                Commission shall not grant any extension under that 
                subparagraph from the limitation of subparagraph (A) 
                with respect to the frequencies assigned, under section 
                337(a)(1), for public safety services. The Commission 
                shall take all actions necessary to complete assignment 
                of the electromagnetic spectrum between 764 and 776 
                megahertz, inclusive, and between 794 and 806 
                megahertz, inclusive, for public safety services and to 
                permit operations by public safety services on those 
                frequencies commencing not later than January 1, 
                2007.''.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS FOR ADDITIONAL ACTIVITIES FOR 
              HOMELAND SECURITY.

    There are authorized to be appropriated from the Trust Fund such 
sums as necessary for--
            (1) the implementation of all the recommendations of the 
        Commission;
            (2) supporting State and local government law enforcement 
        and first responders, including enhancing communications 
        interoperability and information sharing;
            (3) ensuring the inspection and scanning of 100 percent of 
        cargo containers destined for ports in the United States and to 
        ensure scanning of domestic air cargo;
            (4) protecting critical infrastructure and other high 
        threat targets such as passenger rail, freight rail, and 
        transit systems, chemical and nuclear plants;
            (5) enhancing the preparedness of the public health sector 
        to prevent and respond to acts of biological and nuclear 
        terrorism;
            (6) the development of scanning technologies to detect 
        dangerous substances at United States ports of entry; and
            (7) other high risk targets of interest, including non-
        profit organizations.

SEC. 7. HOMELAND SECURITY SPENDING ADVISORY BOARD.

    (a) Establishment of Board.--There is established as an independent 
agency within the Executive branch a Homeland Security Spending 
Advisory Board (referred to in this section as the ``Board'').
    (b) Functions.--
            (1) In general.--The Board shall advise Congress and the 
        Department of Homeland Security relating to--
                    (A) spending priorities to enhance homeland 
                security, terrorism prevention, and emergency response;
                    (B) Federal, State, and local government spending 
                of homeland security funds to ensure that funds are 
                allocated appropriately to best secure the homeland;
                    (C) better procedures for the allocation and 
                distribution of homeland security funds; and
                    (D) potential misuse of homeland security funding; 
                and
                    (E) actions to reduce spending abuse and waste of 
                homeland security funding.
            (2) Reports.--
                    (A) Review and submission.--
                            (i) In general.--The Board shall 
                        periodically submit, not less than 
                        semiannually, reports to the appropriate 
                        congressional committees, including the 
                        Committees on the Judiciary of the Senate and 
                        the House of Representatives, the Committee on 
                        Homeland Security and Governmental Affairs of 
                        the Senate, the Committee on Oversight and 
                        Government Reform of the House of 
                        Representatives, the Select Committee on 
                        Intelligence of the Senate, and the Permanent 
                        Select Committee on Intelligence of the House 
                        of Representatives, the Committee on Homeland 
                        Security of the House of Representatives, and 
                        to the President.
                Such reports shall be in unclassified form to the 
                greatest extent possible, with a classified annex where 
                necessary.
                            (ii) Contents.--Not less than 2 reports the 
                        Board submits each year under clause (i) shall 
                        include--
                                    (I) a description of the major 
                                activities of the Board during the 
                                preceding period;
                                    (II) information on the findings, 
                                conclusions, and recommendations of the 
                                Board resulting from its functions 
                                under paragraph (1); and
                                    (III) the minority views on any 
                                findings, conclusions, and 
                                recommendations of the Board resulting 
                                from its functions under paragraph (1).
                    (B) Informing the public.--The Board shall--
                            (i) make its reports, including its reports 
                        to Congress, available to the public to the 
                        greatest extent that is consistent with the 
                        protection of classified information and 
                        applicable law; and
                            (ii) hold public hearings and otherwise 
                        inform the public of its activities, as 
                        appropriate and in a manner consistent with the 
                        protection of classified information and 
                        applicable law.
    (c) 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 the extent permitted by law, to--
                    (A) have access from any department or agency of 
                the executive branch, or any Federal officer or 
                employee of any such department or agency, to all 
                relevant records, reports, audits, reviews, documents, 
                papers, recommendations, or other relevant material, 
                including classified information consistent with 
                applicable law;
                    (B) interview or take statements from officers of 
                any department or agency of the executive branch;
                    (C) request information or assistance from any 
                State, tribal, or local government; and
                    (D) require, by subpoena issued at the direction of 
                a majority of the members of the Board, persons (other 
                than departments, agencies, and elements of the 
                executive branch) to produce any relevant information, 
                documents, reports, answers, records, accounts, papers, 
                and other documentary or testimonial evidence.
            (2) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued under paragraph (1)(D), the 
        United States district court for the judicial district in which 
        the subpoenaed person resides, is served, or may be found may 
        issue an order requiring such person to produce the evidence 
        required by such subpoena.
            (3) 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 or agency concerned without delay. If the 
        requested information or assistance may be provided to the 
        Board in accordance with applicable law, the head of the 
        department or agency concerned shall ensure compliance with 
        such request.
            (4) Exceptions for national security.--
                    (A) In general.--If the National Intelligence 
                Director, in consultation with the Attorney General, 
                determines that it is necessary to withhold information 
                requested under paragraph (3) to protect the national 
                security interests of the United States, the head of 
                the department or agency concerned shall not furnish 
                such information to the Board.
                    (B) Certain information.--If the Attorney General 
                determines that it is necessary to withhold information 
                requested under paragraph (3) from disclosure to 
                protect sensitive law enforcement or counterterrorism 
                information or ongoing operations, the head of the 
                department or agency concerned shall not furnish such 
                information to the Board.
    (d) Membership.--
            (1) Members.--The Board shall be composed of a full-time 
        chairman and 6 additional members, who shall be appointed by 
        the President by not later than 6 months after the date of the 
        enactment of this Act, by and with the advice and consent of 
        the Senate, which shall move expeditiously following each 
        nomination.
            (2) Qualifications.--
                    (A) In general.--Members of the Board shall be 
                selected solely on the basis of their professional 
                qualifications, achievements, public stature, expertise 
                as described under subparagraph (B), and relevant 
                experience, and without regard to political 
                affiliation, but in no event shall more than 4 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.
                    (B) Expertise.--The Board shall be composed of 7 
                members of whom--
                            (i) each shall have expertise in the area 
                        of counter-terrorism, emergency response, or 
                        law enforcement;
                            (ii) 2 shall have experience of holding 
                        elected or appointed office in State 
                        government;
                            (iii) 2 shall have experience of holding 
                        elected or appointed office in local 
                        government;
                            (iv) 2 shall have experience of holding 
                        elected or appointed office in State or local 
                        government (which may include a member who 
                        meets the requirements of clause (i) or (ii)) 
                        who has expertise in law enforcement or 
                        terrorism prevention.
            (3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, officer, or employee of the Federal Government, other 
        than in the capacity as a member of the Board.
            (4) Term.--Each member of the Board shall serve a term of 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;
                    (B) upon the expiration of the term of office of a 
                member, the member shall continue to serve until the 
                member's successor has been appointed and qualified, 
                except that no member may serve under this 
                subparagraph--
                            (i) for more than 60 days when Congress is 
                        in session unless a nomination to fill the 
                        vacancy shall have been submitted to the 
                        Senate; or
                            (ii) after the adjournment sine die of the 
                        session of the Senate in which such nomination 
                        is submitted; and
                    (C) the members initially appointed under this 
                subsection shall serve terms of 2, 3, 4, 5, and 6 
                years, respectively, from the date of enactment of this 
                Act, with the term of each such member to be designated 
                by the President.
            (5) Quorum and meetings.--The Board shall meet upon the 
        call of the chairman or a majority of its members. Three 
        members of the Board shall constitute a quorum.
    (e) Compensation and Travel Expenses.--
            (1) Compensation.--
                    (A) Chairman on full-time basis.--If the chairman 
                serves on a full-time basis, the rate of pay for the 
                chairman shall be the annual rate of basic pay in 
                effect for a position at level III of the Executive 
                Schedule under section 5314 of title 5, United States 
                Code.
                    (B) Chairman and vice chairman on part-time 
                basis.--The chairman, if serving on a part-time basis, 
                and the vice chairman shall be compensated at a rate 
                equal to the daily equivalent of the annual rate of 
                basic pay in effect for a position at level III of the 
                Executive Schedule under section 5314 of title 5, 
                United States Code, for each day during which such 
                official is engaged in the actual performance of the 
                duties of the Board.
                    (C) Members.--Each member of the Board shall be 
                compensated at a rate equal to the daily equivalent of 
                the annual rate of basic pay in effect 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 
        Federal 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.
    (f) Staff.--
            (1) Appointment and compensation.--The chairman, in 
        accordance with rules agreed upon by the Board, shall appoint 
        and fix the compensation of an 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.--Federal employees 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, 
        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.
    (g) Security Clearances.--The appropriate departments and agencies 
of the executive branch shall cooperate with the Board to expeditiously 
provide Board members and staff with appropriate security clearances to 
the extent possible under applicable procedures and requirements. 
Promptly upon commencing its work, the Board shall adopt, after 
consultation with the Secretary of Defense, the Attorney General, and 
the National Intelligence Director, rules and procedures of the Board 
for physical, communications, computer, document, personnel, and other 
security in relation to the work of the Board.
    (h) Applicability of Certain Laws.--
            (1) Federal advisory committee act.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply with respect to 
        the Board and its activities.
            (2) Freedom of information act.--For purposes of section 
        552 of title 5, United States Code, (commonly referred to as 
        the Freedom of Information Act), the Board shall be treated as 
        an agency (as that term is defined in section 551(1) of title 
        5, United States Code).
    (i) Construction.--Except as otherwise provided in this section, 
nothing in this section shall be construed to require any consultation 
with the Board by any department or agency of the executive branch or 
any Federal officer or employee, or any waiting period that is required 
to be observed by any department or agency of the executive branch or 
any Federal officer or employee, before developing, proposing, or 
implementing any legislation, law, regulation, policy, or guideline 
related to efforts to protect the Nation from terrorism.
    (j) Presidential Responsibility.--The Board shall perform its 
functions within the executive branch and under the general supervision 
of the President.
    (k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.
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