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.
(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').
(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.
(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.
(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.
(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-
(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.
(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.
END
