II 110th CONGRESS 1st Session S. 345 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.

1.

Short title

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

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.

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).

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.

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. .

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.

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.