[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Enrolled Bill (ENR)]
H.R.1
One Hundred Tenth Congress
of the
United States of America
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Implementing
Recommendations of the 9/11 Commission Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--HOMELAND SECURITY GRANTS
Sec. 101. Homeland Security Grant Program.
Sec. 102. Other amendments to the Homeland Security Act of 2002.
Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act
of 2006.
Sec. 104. Technical and conforming amendments.
TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS
Sec. 201. Emergency management performance grant program.
Sec. 202. Grants for construction of emergency operations centers.
TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS
Sec. 301. Interoperable emergency communications grant program.
Sec. 302. Border interoperability demonstration project.
TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM
Sec. 401. Definitions.
Sec. 402. National exercise program design.
Sec. 403. National exercise program model exercises.
Sec. 404. Preidentifying and evaluating multijurisdictional facilities
to strengthen incident command; private sector preparedness.
Sec. 405. Federal response capability inventory.
Sec. 406. Reporting requirements.
Sec. 407. Federal preparedness.
Sec. 408. Credentialing and typing.
Sec. 409. Model standards and guidelines for critical infrastructure
workers.
Sec. 410. Authorization of appropriations.
TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
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 I--HOMELAND SECURITY GRANTS
SEC. 101. HOMELAND SECURITY GRANT PROGRAM.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
by adding at the end the following:
``TITLE XX--HOMELAND SECURITY GRANTS
``SEC. 2001. DEFINITIONS.
``In this title, the following definitions shall apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Appropriate committees of congress.--The term
`appropriate committees of Congress' means--
``(A) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
``(B) those committees of the House of Representatives that
the Speaker of the House of Representatives determines
appropriate.
``(3) Critical infrastructure sectors.--The term `critical
infrastructure sectors' means the following sectors, in both urban
and rural areas:
``(A) Agriculture and food.
``(B) Banking and finance.
``(C) Chemical industries.
``(D) Commercial facilities.
``(E) Commercial nuclear reactors, materials, and waste.
``(F) Dams.
``(G) The defense industrial base.
``(H) Emergency services.
``(I) Energy.
``(J) Government facilities.
``(K) Information technology.
``(L) National monuments and icons.
``(M) Postal and shipping.
``(N) Public health and health care.
``(O) Telecommunications.
``(P) Transportation systems.
``(Q) Water.
``(4) Directly eligible tribe.--The term `directly eligible
tribe' means--
``(A) any Indian tribe--
``(i) that is located in the continental United States;
``(ii) that operates a law enforcement or emergency
response agency with the capacity to respond to calls for
law enforcement or emergency services;
``(iii)(I) that is located on or near an international
border or a coastline bordering an ocean (including the
Gulf of Mexico) or international waters;
``(II) that is located within 10 miles of a system or
asset included on the prioritized critical infrastructure
list established under section 210E(a)(2) or has such a
system or asset within its territory;
``(III) that is located within or contiguous to 1 of
the 50 most populous metropolitan statistical areas in the
United States; or
``(IV) the jurisdiction of which includes not less than
1,000 square miles of Indian country, as that term is
defined in section 1151 of title 18, United States Code;
and
``(iv) that certifies to the Secretary that a State has
not provided funds under section 2003 or 2004 to the Indian
tribe or consortium of Indian tribes for the purpose for
which direct funding is sought; and
``(B) a consortium of Indian tribes, if each tribe
satisfies the requirements of subparagraph (A).
``(5) Eligible metropolitan area.--The term `eligible
metropolitan area' means any of the 100 most populous metropolitan
statistical areas in the United States.
``(6) High-risk urban area.--The term `high-risk urban area'
means a high-risk urban area designated under section
2003(b)(3)(A).
``(7) Indian tribe.--The term `Indian tribe' has the meaning
given that term in section 4(e) of the Indian Self-Determination
Act (25 U.S.C. 450b(e)).
``(8) Metropolitan statistical area.--The term `metropolitan
statistical area' means a metropolitan statistical area, as defined
by the Office of Management and Budget.
``(9) National special security event.--The term `National
Special Security Event' means a designated event that, by virtue of
its political, economic, social, or religious significance, may be
the target of terrorism or other criminal activity.
``(10) Population.--The term `population' means population
according to the most recent United States census population
estimates available at the start of the relevant fiscal year.
``(11) Population density.--The term `population density' means
population divided by land area in square miles.
``(12) Qualified intelligence analyst.--The term `qualified
intelligence analyst' means an intelligence analyst (as that term
is defined in section 210A(j)), including law enforcement
personnel--
``(A) who has successfully completed training to ensure
baseline proficiency in intelligence analysis and production,
as determined by the Secretary, which may include training
using a curriculum developed under section 209; or
``(B) whose experience ensures baseline proficiency in
intelligence analysis and production equivalent to the training
required under subparagraph (A), as determined by the
Secretary.
``(13) Target capabilities.--The term `target capabilities'
means the target capabilities for Federal, State, local, and tribal
government preparedness for which guidelines are required to be
established under section 646(a) of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 746(a)).
``(14) Tribal government.--The term `tribal government' means
the government of an Indian tribe.
``Subtitle A--Grants to States and High-Risk Urban Areas
``SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants under sections 2003 and 2004 to State, local, and
tribal governments.
``(b) Programs Not Affected.--This subtitle shall not be construed
to affect any of the following Federal programs:
``(1) Firefighter and other assistance programs authorized
under the Federal Fire Prevention and Control Act of 1974 (15
U.S.C. 2201 et seq.).
``(2) Grants authorized under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(3) Emergency Management Performance Grants under the
amendments made by title II of the Implementing Recommendations of
the 9/11 Commission Act of 2007.
``(4) Grants to protect critical infrastructure, including port
security grants authorized under section 70107 of title 46, United
States Code, and the grants authorized under title XIV and XV of
the Implementing Recommendations of the 9/11 Commission Act of 2007
and the amendments made by such titles.
``(5) The Metropolitan Medical Response System authorized under
section 635 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 723).
``(6) The Interoperable Emergency Communications Grant Program
authorized under title XVIII.
``(7) Grant programs other than those administered by the
Department.
``(c) Relationship to Other Laws.--
``(1) In general.--The grant programs authorized under sections
2003 and 2004 shall supercede all grant programs authorized under
section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
``(2) Allocation.--The allocation of grants authorized under
section 2003 or 2004 shall be governed by the terms of this
subtitle and not by any other provision of law.
``SEC. 2003. URBAN AREA SECURITY INITIATIVE.
``(a) Establishment.--There is established an Urban Area Security
Initiative to provide grants to assist high-risk urban areas in
preventing, preparing for, protecting against, and responding to acts
of terrorism.
``(b) Assessment and Designation of High-Risk Urban Areas.--
``(1) In general.--The Administrator shall designate high-risk
urban areas to receive grants under this section based on
procedures under this subsection.
``(2) Initial assessment.--
``(A) In general.--For each fiscal year, the Administrator
shall conduct an initial assessment of the relative threat,
vulnerability, and consequences from acts of terrorism faced by
each eligible metropolitan area, including consideration of--
``(i) the factors set forth in subparagraphs (A)
through (H) and (K) of section 2007(a)(1); and
``(ii) information and materials submitted under
subparagraph (B).
``(B) Submission of information by eligible metropolitan
areas.--Prior to conducting each initial assessment under
subparagraph (A), the Administrator shall provide each eligible
metropolitan area with, and shall notify each eligible
metropolitan area of, the opportunity to--
``(i) submit information that the eligible metropolitan
area believes to be relevant to the determination of the
threat, vulnerability, and consequences it faces from acts
of terrorism; and
``(ii) review the risk assessment conducted by the
Department of that eligible metropolitan area, including
the bases for the assessment by the Department of the
threat, vulnerability, and consequences from acts of
terrorism faced by that eligible metropolitan area, and
remedy erroneous or incomplete information.
``(3) Designation of high-risk urban areas.--
``(A) Designation.--
``(i) In general.--For each fiscal year, after
conducting the initial assessment under paragraph (2), and
based on that assessment, the Administrator shall designate
high-risk urban areas that may submit applications for
grants under this section.
``(ii) Additional areas.--Notwithstanding paragraph
(2), the Administrator may--
``(I) in any case where an eligible metropolitan
area consists of more than 1 metropolitan division (as
that term is defined by the Office of Management and
Budget) designate more than 1 high-risk urban area
within a single eligible metropolitan area; and
``(II) designate an area that is not an eligible
metropolitan area as a high-risk urban area based on
the assessment by the Administrator of the relative
threat, vulnerability, and consequences from acts of
terrorism faced by the area.
``(iii) Rule of construction.--Nothing in this
subsection may be construed to require the Administrator
to--
``(I) designate all eligible metropolitan areas
that submit information to the Administrator under
paragraph (2)(B)(i) as high-risk urban areas; or
``(II) designate all areas within an eligible
metropolitan area as part of the high-risk urban area.
``(B) Jurisdictions included in high-risk urban areas.--
``(i) In general.--In designating high-risk urban areas
under subparagraph (A), the Administrator shall determine
which jurisdictions, at a minimum, shall be included in
each high-risk urban area.
``(ii) Additional jurisdictions.--A high-risk urban
area designated by the Administrator may, in consultation
with the State or States in which such high-risk urban area
is located, add additional jurisdictions to the high-risk
urban area.
``(c) Application.--
``(1) In general.--An area designated as a high-risk urban area
under subsection (b) may apply for a grant under this section.
``(2) Minimum contents of application.--In an application for a
grant under this section, a high-risk urban area shall submit--
``(A) a plan describing the proposed division of
responsibilities and distribution of funding among the local
and tribal governments in the high-risk urban area;
``(B) the name of an individual to serve as a high-risk
urban area liaison with the Department and among the various
jurisdictions in the high-risk urban area; and
``(C) such information in support of the application as the
Administrator may reasonably require.
``(3) Annual applications.--Applicants for grants under this
section shall apply or reapply on an annual basis.
``(4) State review and transmission.--
``(A) In general.--To ensure consistency with State
homeland security plans, a high-risk urban area applying for a
grant under this section shall submit its application to each
State within which any part of that high-risk urban area is
located for review before submission of such application to the
Department.
``(B) Deadline.--Not later than 30 days after receiving an
application from a high-risk urban area under subparagraph (A),
a State shall transmit the application to the Department.
``(C) Opportunity for state comment.--If the Governor of a
State determines that an application of a high-risk urban area
is inconsistent with the State homeland security plan of that
State, or otherwise does not support the application, the
Governor shall--
``(i) notify the Administrator, in writing, of that
fact; and
``(ii) provide an explanation of the reason for not
supporting the application at the time of transmission of
the application.
``(5) Opportunity to amend.--In considering applications for
grants under this section, the Administrator shall provide
applicants with a reasonable opportunity to correct defects in the
application, if any, before making final awards.
``(d) Distribution of Awards.--
``(1) In general.--If the Administrator approves the
application of a high-risk urban area for a grant under this
section, the Administrator shall distribute the grant funds to the
State or States in which that high-risk urban area is located.
``(2) State distribution of funds.--
``(A) In general.--Not later than 45 days after the date
that a State receives grant funds under paragraph (1), that
State shall provide the high-risk urban area awarded that grant
not less than 80 percent of the grant funds. Any funds retained
by a State shall be expended on items, services, or activities
that benefit the high-risk urban area.
``(B) Funds retained.--A State shall provide each relevant
high-risk urban area with an accounting of the items, services,
or activities on which any funds retained by the State under
subparagraph (A) were expended.
``(3) Interstate urban areas.--If parts of a high-risk urban
area awarded a grant under this section are located in 2 or more
States, the Administrator shall distribute to each such State--
``(A) a portion of the grant funds in accordance with the
proposed distribution set forth in the application; or
``(B) if no agreement on distribution has been reached, a
portion of the grant funds determined by the Administrator to
be appropriate.
``(4) Certifications regarding distribution of grant funds to
high-risk urban areas.--A State that receives grant funds under
paragraph (1) shall certify to the Administrator that the State has
made available to the applicable high-risk urban area the required
funds under paragraph (2).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
``(1) $850,000,000 for fiscal year 2008;
``(2) $950,000,000 for fiscal year 2009;
``(3) $1,050,000,000 for fiscal year 2010;
``(4) $1,150,000,000 for fiscal year 2011;
``(5) $1,300,000,000 for fiscal year 2012; and
``(6) such sums as are necessary for fiscal year 2013, and each
fiscal year thereafter.
``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
``(a) Establishment.--There is established a State Homeland
Security Grant Program to assist State, local, and tribal governments
in preventing, preparing for, protecting against, and responding to
acts of terrorism.
``(b) Application.--
``(1) In general.--Each State may apply for a grant under this
section, and shall submit such information in support of the
application as the Administrator may reasonably require.
``(2) Minimum contents of application.--The Administrator shall
require that each State include in its application, at a minimum--
``(A) the purpose for which the State seeks grant funds and
the reasons why the State needs the grant to meet the target
capabilities of that State;
``(B) a description of how the State plans to allocate the
grant funds to local governments and Indian tribes; and
``(C) a budget showing how the State intends to expend the
grant funds.
``(3) Annual applications.--Applicants for grants under this
section shall apply or reapply on an annual basis.
``(c) Distribution to Local and Tribal Governments.--
``(1) In general.--Not later than 45 days after receiving grant
funds, any State receiving a grant under this section shall make
available to local and tribal governments, consistent with the
applicable State homeland security plan--
``(A) not less than 80 percent of the grant funds;
``(B) with the consent of local and tribal governments,
items, services, or activities having a value of not less than
80 percent of the amount of the grant; or
``(C) with the consent of local and tribal governments,
grant funds combined with other items, services, or activities
having a total value of not less than 80 percent of the amount
of the grant.
``(2) Certifications regarding distribution of grant funds to
local governments.--A State shall certify to the Administrator that
the State has made the distribution to local and tribal governments
required under paragraph (1).
``(3) Extension of period.--The Governor of a State may request
in writing that the Administrator extend the period under paragraph
(1) for an additional period of time. The Administrator may approve
such a request if the Administrator determines that the resulting
delay in providing grant funding to the local and tribal
governments is necessary to promote effective investments to
prevent, prepare for, protect against, or respond to acts of
terrorism.
``(4) Exception.--Paragraph (1) shall not apply to the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, or the Virgin
Islands.
``(5) Direct funding.--If a State fails to make the
distribution to local or tribal governments required under
paragraph (1) in a timely fashion, a local or tribal government
entitled to receive such distribution may petition the
Administrator to request that grant funds be provided directly to
the local or tribal government.
``(d) Multistate Applications.--
``(1) In general.--Instead of, or in addition to, any
application for a grant under subsection (b), 2 or more States may
submit an application for a grant under this section in support of
multistate efforts to prevent, prepare for, protect against, and
respond to acts of terrorism.
``(2) Administration of grant.--If a group of States applies
for a grant under this section, such States shall submit to the
Administrator at the time of application a plan describing--
``(A) the division of responsibilities for administering
the grant; and
``(B) the distribution of funding among the States that are
parties to the application.
``(e) Minimum Allocation.--
``(1) In general.--In allocating funds under this section, the
Administrator shall ensure that--
``(A) except as provided in subparagraph (B), each State
receives, from the funds appropriated for the State Homeland
Security Grant Program established under this section, not less
than an amount equal to--
``(i) 0.375 percent of the total funds appropriated for
grants under this section and section 2003 in fiscal year
2008;
``(ii) 0.365 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2009;
``(iii) 0.36 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2010;
``(iv) 0.355 percent of the total funds appropriated
for grants under this section and section 2003 in fiscal
year 2011; and
``(v) 0.35 percent of the total funds appropriated for
grants under this section and section 2003 in fiscal year
2012 and in each fiscal year thereafter; and
``(B) for each fiscal year, American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the
Virgin Islands each receive, from the funds appropriated for
the State Homeland Security Grant Program established under
this section, not less than an amount equal to 0.08 percent of
the total funds appropriated for grants under this section and
section 2003.
``(2) Effect of multistate award on state minimum.--Any portion
of a multistate award provided to a State under subsection (d)
shall be considered in calculating the minimum State allocation
under this subsection.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
``(1) $950,000,000 for each of fiscal years 2008 through 2012;
and
``(2) such sums as are necessary for fiscal year 2013, and each
fiscal year thereafter.
``SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
``(a) In General.--Notwithstanding section 2004(b), the
Administrator may award grants to directly eligible tribes under
section 2004.
``(b) Tribal Applications.--A directly eligible tribe may apply for
a grant under section 2004 by submitting an application to the
Administrator that includes, as appropriate, the information required
for an application by a State under section 2004(b).
``(c) Consistency With State Plans.--
``(1) In general.--To ensure consistency with any applicable
State homeland security plan, a directly eligible tribe applying
for a grant under section 2004 shall provide a copy of its
application to each State within which any part of the tribe is
located for review before the tribe submits such application to the
Department.
``(2) Opportunity for comment.--If the Governor of a State
determines that the application of a directly eligible tribe is
inconsistent with the State homeland security plan of that State,
or otherwise does not support the application, not later than 30
days after the date of receipt of that application the Governor
shall--
``(A) notify the Administrator, in writing, of that fact;
and
``(B) provide an explanation of the reason for not
supporting the application.
``(d) Final Authority.--The Administrator shall have final
authority to approve any application of a directly eligible tribe. The
Administrator shall notify each State within the boundaries of which
any part of a directly eligible tribe is located of the approval of an
application by the tribe.
``(e) Prioritization.--The Administrator shall allocate funds to
directly eligible tribes in accordance with the factors applicable to
allocating funds among States under section 2007.
``(f) Distribution of Awards to Directly Eligible Tribes.--If the
Administrator awards funds to a directly eligible tribe under this
section, the Administrator shall distribute the grant funds directly to
the tribe and not through any State.
``(g) Minimum Allocation.--
``(1) In general.--In allocating funds under this section, the
Administrator shall ensure that, for each fiscal year, directly
eligible tribes collectively receive, from the funds appropriated
for the State Homeland Security Grant Program established under
section 2004, not less than an amount equal to 0.1 percent of the
total funds appropriated for grants under sections 2003 and 2004.
``(2) Exception.--This subsection shall not apply in any fiscal
year in which the Administrator--
``(A) receives fewer than 5 applications under this
section; or
``(B) does not approve at least 2 applications under this
section.
``(h) Tribal Liaison.--A directly eligible tribe applying for a
grant under section 2004 shall designate an individual to serve as a
tribal liaison with the Department and other Federal, State, local, and
regional government officials concerning preventing, preparing for,
protecting against, and responding to acts of terrorism.
``(i) Eligibility for Other Funds.--A directly eligible tribe that
receives a grant under section 2004 may receive funds for other
purposes under a grant from the State or States within the boundaries
of which any part of such tribe is located and from any high-risk urban
area of which it is a part, consistent with the homeland security plan
of the State or high-risk urban area.
``(j) State Obligations.--
``(1) In general.--States shall be responsible for allocating
grant funds received under section 2004 to tribal governments in
order to help those tribal communities achieve target capabilities
not achieved through grants to directly eligible tribes.
``(2) Distribution of grant funds.--With respect to a grant to
a State under section 2004, an Indian tribe shall be eligible for
funding directly from that State, and shall not be required to seek
funding from any local government.
``(3) Imposition of requirements.--A State may not impose
unreasonable or unduly burdensome requirements on an Indian tribe
as a condition of providing the Indian tribe with grant funds or
resources under section 2004.
``(k) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of an Indian tribe that receives
funds under this subtitle.
``SEC. 2006. TERRORISM PREVENTION.
``(a) Law Enforcement Terrorism Prevention Program.--
``(1) In general.--The Administrator shall ensure that not less
than 25 percent of the total combined funds appropriated for grants
under sections 2003 and 2004 is used for law enforcement terrorism
prevention activities.
``(2) Law enforcement terrorism prevention activities.--Law
enforcement terrorism prevention activities include--
``(A) information sharing and analysis;
``(B) target hardening;
``(C) threat recognition;
``(D) terrorist interdiction;
``(E) overtime expenses consistent with a State homeland
security plan, including for the provision of enhanced law
enforcement operations in support of Federal agencies,
including for increased border security and border crossing
enforcement;
``(F) establishing, enhancing, and staffing with
appropriately qualified personnel State, local, and regional
fusion centers that comply with the guidelines established
under section 210A(i);
``(G) paying salaries and benefits for personnel, including
individuals employed by the grant recipient on the date of the
relevant grant application, to serve as qualified intelligence
analysts;
``(H) any other activity permitted under the Fiscal Year
2007 Program Guidance of the Department for the Law Enforcement
Terrorism Prevention Program; and
``(I) any other terrorism prevention activity authorized by
the Administrator.
``(3) Participation of underrepresented communities in fusion
centers.--The Administrator shall ensure that grant funds described
in paragraph (1) are used to support the participation, as
appropriate, of law enforcement and other emergency response
providers from rural and other underrepresented communities at risk
from acts of terrorism in fusion centers.
``(b) Office for State and Local Law Enforcement.--
``(1) Establishment.--There is established in the Policy
Directorate of the Department an Office for State and Local Law
Enforcement, which shall be headed by an Assistant Secretary for
State and Local Law Enforcement.
``(2) Qualifications.--The Assistant Secretary for State and
Local Law Enforcement shall have an appropriate background with
experience in law enforcement, intelligence, and other
counterterrorism functions.
``(3) Assignment of personnel.--The Secretary shall assign to
the Office for State and Local Law Enforcement permanent staff and,
as appropriate and consistent with sections 506(c)(2), 821, and
888(d), other appropriate personnel detailed from other components
of the Department to carry out the responsibilities under this
subsection.
``(4) Responsibilities.--The Assistant Secretary for State and
Local Law Enforcement shall--
``(A) lead the coordination of Department-wide policies
relating to the role of State and local law enforcement in
preventing, preparing for, protecting against, and responding
to natural disasters, acts of terrorism, and other man-made
disasters within the United States;
``(B) serve as a liaison between State, local, and tribal
law enforcement agencies and the Department;
``(C) coordinate with the Office of Intelligence and
Analysis to ensure the intelligence and information sharing
requirements of State, local, and tribal law enforcement
agencies are being addressed;
``(D) work with the Administrator to ensure that law
enforcement and terrorism-focused grants to State, local, and
tribal government agencies, including grants under sections
2003 and 2004, the Commercial Equipment Direct Assistance
Program, and other grants administered by the Department to
support fusion centers and law enforcement-oriented programs,
are appropriately focused on terrorism prevention activities;
``(E) coordinate with the Science and Technology
Directorate, the Federal Emergency Management Agency, the
Department of Justice, the National Institute of Justice, law
enforcement organizations, and other appropriate entities to
support the development, promulgation, and updating, as
necessary, of national voluntary consensus standards for
training and personal protective equipment to be used in a
tactical environment by law enforcement officers; and
``(F) conduct, jointly with the Administrator, a study to
determine the efficacy and feasibility of establishing
specialized law enforcement deployment teams to assist State,
local, and tribal governments in responding to natural
disasters, acts of terrorism, or other man-made disasters and
report on the results of that study to the appropriate
committees of Congress.
``(5) Rule of construction.--Nothing in this subsection shall
be construed to diminish, supercede, or replace the
responsibilities, authorities, or role of the Administrator.
``SEC. 2007. PRIORITIZATION.
``(a) In General.--In allocating funds among States and high-risk
urban areas applying for grants under section 2003 or 2004, the
Administrator shall consider, for each State or high-risk urban area--
``(1) its relative threat, vulnerability, and consequences from
acts of terrorism, including consideration of--
``(A) its population, including appropriate consideration
of military, tourist, and commuter populations;
``(B) its population density;
``(C) its history of threats, including whether it has been
the target of a prior act of terrorism;
``(D) its degree of threat, vulnerability, and consequences
related to critical infrastructure (for all critical
infrastructure sectors) or key resources identified by the
Administrator or the State homeland security plan, including
threats, vulnerabilities, and consequences related to critical
infrastructure or key resources in nearby jurisdictions;
``(E) the most current threat assessments available to the
Department;
``(F) whether the State has, or the high-risk urban area is
located at or near, an international border;
``(G) whether it has a coastline bordering an ocean
(including the Gulf of Mexico) or international waters;
``(H) its likely need to respond to acts of terrorism
occurring in nearby jurisdictions;
``(I) the extent to which it has unmet target capabilities;
``(J) in the case of a high-risk urban area, the extent to
which that high-risk urban area includes--
``(i) those incorporated municipalities, counties,
parishes, and Indian tribes within the relevant eligible
metropolitan area, the inclusion of which will enhance
regional efforts to prevent, prepare for, protect against,
and respond to acts of terrorism; and
``(ii) other local and tribal governments in the
surrounding area that are likely to be called upon to
respond to acts of terrorism within the high-risk urban
area; and
``(K) such other factors as are specified in writing by the
Administrator; and
``(2) the anticipated effectiveness of the proposed use of the
grant by the State or high-risk urban area in increasing the
ability of that State or high-risk urban area to prevent, prepare
for, protect against, and respond to acts of terrorism, to meet its
target capabilities, and to otherwise reduce the overall risk to
the high-risk urban area, the State, or the Nation.
``(b) Types of Threat.--In assessing threat under this section, the
Administrator shall consider the following types of threat to critical
infrastructure sectors and to populations in all areas of the United
States, urban and rural:
``(1) Biological.
``(2) Chemical.
``(3) Cyber.
``(4) Explosives.
``(5) Incendiary.
``(6) Nuclear.
``(7) Radiological.
``(8) Suicide bombers.
``(9) Such other types of threat determined relevant by the
Administrator.
``SEC. 2008. USE OF FUNDS.
``(a) Permitted Uses.--Grants awarded under section 2003 or 2004
may be used to achieve target capabilities related to preventing,
preparing for, protecting against, and responding to acts of terrorism,
consistent with a State homeland security plan and relevant local,
tribal, and regional homeland security plans, through--
``(1) developing and enhancing homeland security, emergency
management, or other relevant plans, assessments, or mutual aid
agreements;
``(2) designing, conducting, and evaluating training and
exercises, including training and exercises conducted under section
512 of this Act and section 648 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 748);
``(3) protecting a system or asset included on the prioritized
critical infrastructure list established under section 210E(a)(2);
``(4) purchasing, upgrading, storing, or maintaining equipment,
including computer hardware and software;
``(5) ensuring operability and achieving interoperability of
emergency communications;
``(6) responding to an increase in the threat level under the
Homeland Security Advisory System, or to the needs resulting from a
National Special Security Event;
``(7) establishing, enhancing, and staffing with appropriately
qualified personnel State, local, and regional fusion centers that
comply with the guidelines established under section 210A(i);
``(8) enhancing school preparedness;
``(9) supporting public safety answering points;
``(10) paying salaries and benefits for personnel, including
individuals employed by the grant recipient on the date of the
relevant grant application, to serve as qualified intelligence
analysts;
``(11) paying expenses directly related to administration of
the grant, except that such expenses may not exceed 3 percent of
the amount of the grant;
``(12) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for the State Homeland Security
Grant Program, the Urban Area Security Initiative (including
activities permitted under the full-time counterterrorism staffing
pilot), or the Law Enforcement Terrorism Prevention Program; and
``(13) any other appropriate activity, as determined by the
Administrator.
``(b) Limitations on Use of Funds.--
``(1) In general.--Funds provided under section 2003 or 2004
may not be used--
``(A) to supplant State or local funds, except that nothing
in this paragraph shall prohibit the use of grant funds
provided to a State or high-risk urban area for otherwise
permissible uses under subsection (a) on the basis that a State
or high-risk urban area has previously used State or local
funds to support the same or similar uses; or
``(B) for any State or local government cost-sharing
contribution.
``(2) Personnel.--
``(A) In general.--Not more than 50 percent of the amount
awarded to a grant recipient under section 2003 or 2004 in any
fiscal year may be used to pay for personnel, including
overtime and backfill costs, in support of the permitted uses
under subsection (a).
``(B) Waiver.--At the request of the recipient of a grant
under section 2003 or 2004, the Administrator may grant a
waiver of the limitation under subparagraph (A).
``(3) Construction.--
``(A) In general.--A grant awarded under section 2003 or
2004 may not be used to acquire land or to construct buildings
or other physical facilities.
``(B) Exceptions.--
``(i) In general.--Notwithstanding subparagraph (A),
nothing in this paragraph shall prohibit the use of a grant
awarded under section 2003 or 2004 to achieve target
capabilities related to preventing, preparing for,
protecting against, or responding to acts of terrorism,
including through the alteration or remodeling of existing
buildings for the purpose of making such buildings secure
against acts of terrorism.
``(ii) Requirements for exception.--No grant awarded
under section 2003 or 2004 may be used for a purpose
described in clause (i) unless--
``(I) specifically approved by the Administrator;
``(II) any construction work occurs under terms and
conditions consistent with the requirements under
section 611(j)(9) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5196(j)(9)); and
``(III) the amount allocated for purposes under
clause (i) does not exceed the greater of $1,000,000 or
15 percent of the grant award.
``(4) Recreation.--Grants awarded under this subtitle may not
be used for recreational or social purposes.
``(c) Multiple-Purpose Funds.--Nothing in this subtitle shall be
construed to prohibit State, local, or tribal governments from using
grant funds under sections 2003 and 2004 in a manner that enhances
preparedness for disasters unrelated to acts of terrorism, if such use
assists such governments in achieving target capabilities related to
preventing, preparing for, protecting against, or responding to acts of
terrorism.
``(d) Reimbursement of Costs.--
``(1) Paid-on-call or volunteer reimbursement.--In addition to
the activities described in subsection (a), a grant under section
2003 or 2004 may be used to provide a reasonable stipend to paid-
on-call or volunteer emergency response providers who are not
otherwise compensated for travel to or participation in training or
exercises related to the purposes of this subtitle. Any such
reimbursement shall not be considered compensation for purposes of
rendering an emergency response provider an employee under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
``(2) Performance of federal duty.--An applicant for a grant
under section 2003 or 2004 may petition the Administrator to use
the funds from its grants under those sections for the
reimbursement of the cost of any activity relating to preventing,
preparing for, protecting against, or responding to acts of
terrorism that is a Federal duty and usually performed by a Federal
agency, and that is being performed by a State or local government
under agreement with a Federal agency.
``(e) Flexibility in Unspent Homeland Security Grant Funds.--Upon
request by the recipient of a grant under section 2003 or 2004, the
Administrator may authorize the grant recipient to transfer all or part
of the grant funds from uses specified in the grant agreement to other
uses authorized under this section, if the Administrator determines
that such transfer is in the interests of homeland security.
``(f) Equipment Standards.--If an applicant for a grant under
section 2003 or 2004 proposes to upgrade or purchase, with assistance
provided under that grant, new equipment or systems that do not meet or
exceed any applicable national voluntary consensus standards developed
under section 647 of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 747), the applicant shall include in its application
an explanation of why such equipment or systems will serve the needs of
the applicant better than equipment or systems that meet or exceed such
standards.
``Subtitle B--Grants Administration
``SEC. 2021. ADMINISTRATION AND COORDINATION.
``(a) Regional Coordination.--The Administrator shall ensure that--
``(1) all recipients of grants administered by the Department
to prevent, prepare for, protect against, or respond to natural
disasters, acts of terrorism, or other man-made disasters
(excluding assistance provided under section 203, title IV, or
title V of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.))
coordinate, as appropriate, their prevention, preparedness, and
protection efforts with neighboring State, local, and tribal
governments; and
``(2) all high-risk urban areas and other recipients of grants
administered by the Department to prevent, prepare for, protect
against, or respond to natural disasters, acts of terrorism, or
other man-made disasters (excluding assistance provided under
section 203, title IV, or title V of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170
et seq., and 5191 et seq.)) that include or substantially affect
parts or all of more than 1 State coordinate, as appropriate,
across State boundaries, including, where appropriate, through the
use of regional working groups and requirements for regional plans.
``(b) Planning Committees.--
``(1) In general.--Any State or high-risk urban area receiving
a grant under section 2003 or 2004 shall establish a planning
committee to assist in preparation and revision of the State,
regional, or local homeland security plan and to assist in
determining effective funding priorities for grants under sections
2003 and 2004.
``(2) Composition.--
``(A) In general.--The planning committee shall include
representatives of significant stakeholders, including--
``(i) local and tribal government officials; and
``(ii) emergency response providers, which shall
include representatives of the fire service, law
enforcement, emergency medical response, and emergency
managers.
``(B) Geographic representation.--The members of the
planning committee shall be a representative group of
individuals from the counties, cities, towns, and Indian tribes
within the State or high-risk urban area, including, as
appropriate, representatives of rural, high-population, and
high-threat jurisdictions.
``(3) Existing planning committees.--Nothing in this subsection
may be construed to require that any State or high-risk urban area
create a planning committee if that State or high-risk urban area
has established and uses a multijurisdictional planning committee
or commission that meets the requirements of this subsection.
``(c) Interagency Coordination.--
``(1) In general.--Not later than 12 months after the date of
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary (acting through the
Administrator), the Attorney General, the Secretary of Health and
Human Services, and the heads of other agencies providing
assistance to State, local, and tribal governments for preventing,
preparing for, protecting against, and responding to natural
disasters, acts of terrorism, and other man-made disasters, shall
jointly--
``(A) compile a comprehensive list of Federal grant
programs for State, local, and tribal governments for
preventing, preparing for, protecting against, and responding
to natural disasters, acts of terrorism, and other man-made
disasters;
``(B) compile the planning, reporting, application, and
other requirements and guidance for the grant programs
described in subparagraph (A);
``(C) develop recommendations, as appropriate, to--
``(i) eliminate redundant and duplicative requirements
for State, local, and tribal governments, including onerous
application and ongoing reporting requirements;
``(ii) ensure accountability of the programs to the
intended purposes of such programs;
``(iii) coordinate allocation of grant funds to avoid
duplicative or inconsistent purchases by the recipients;
``(iv) make the programs more accessible and user
friendly to applicants; and
``(v) ensure the programs are coordinated to enhance
the overall preparedness of the Nation;
``(D) submit the information and recommendations under
subparagraphs (A), (B), and (C) to the appropriate committees
of Congress; and
``(E) provide the appropriate committees of Congress, the
Comptroller General, and any officer or employee of the
Government Accountability Office with full access to any
information collected or reviewed in preparing the submission
under subparagraph (D).
``(2) Scope of task.--Nothing in this subsection shall
authorize the elimination, or the alteration of the purposes, as
delineated by statute, regulation, or guidance, of any grant
program that exists on the date of the enactment of the
Implementing Recommendations of the 9/11 Commission Act of 2007,
nor authorize the review or preparation of proposals on the
elimination, or the alteration of such purposes, of any such grant
program.
``(d) Sense of Congress.--It is the sense of Congress that, in
order to ensure that the Nation is most effectively able to prevent,
prepare for, protect against, and respond to all hazards, including
natural disasters, acts of terrorism, and other man-made disasters--
``(1) the Department should administer a coherent and
coordinated system of both terrorism-focused and all-hazards
grants;
``(2) there should be a continuing and appropriate balance
between funding for terrorism-focused and all-hazards preparedness,
as reflected in the authorizations of appropriations for grants
under the amendments made by titles I and II, as applicable, of the
Implementing Recommendations of the 9/11 Commission Act of 2007;
and
``(3) with respect to terrorism-focused grants, it is necessary
to ensure both that the target capabilities of the highest risk
areas are achieved quickly and that basic levels of preparedness,
as measured by the attainment of target capabilities, are achieved
nationwide.
``SEC. 2022. ACCOUNTABILITY.
``(a) Audits of Grant Programs.--
``(1) Compliance requirements.--
``(A) Audit requirement.--Each recipient of a grant
administered by the Department that expends not less than
$500,000 in Federal funds during its fiscal year shall submit
to the Administrator a copy of the organization-wide financial
and compliance audit report required under chapter 75 of title
31, United States Code.
``(B) Access to information.--The Department and each
recipient of a grant administered by the Department shall
provide the Comptroller General and any officer or employee of
the Government Accountability Office with full access to
information regarding the activities carried out related to any
grant administered by the Department.
``(C) Improper payments.--Consistent with the Improper
Payments Information Act of 2002 (31 U.S.C. 3321 note), for
each of the grant programs under sections 2003 and 2004 of this
title and section 662 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 762), the Administrator shall
specify policies and procedures for--
``(i) identifying activities funded under any such
grant program that are susceptible to significant improper
payments; and
``(ii) reporting any improper payments to the
Department.
``(2) Agency program review.--
``(A) In general.--Not less than once every 2 years, the
Administrator shall conduct, for each State and high-risk urban
area receiving a grant administered by the Department, a
programmatic and financial review of all grants awarded by the
Department to prevent, prepare for, protect against, or respond
to natural disasters, acts of terrorism, or other man-made
disasters, excluding assistance provided under section 203,
title IV, or title V of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and
5191 et seq.).
``(B) Contents.--Each review under subparagraph (A) shall,
at a minimum, examine--
``(i) whether the funds awarded were used in accordance
with the law, program guidance, and State homeland security
plans or other applicable plans; and
``(ii) the extent to which funds awarded enhanced the
ability of a grantee to prevent, prepare for, protect
against, and respond to natural disasters, acts of
terrorism, and other man-made disasters.
``(C) Authorization of appropriations.--In addition to any
other amounts authorized to be appropriated to the
Administrator, there are authorized to be appropriated to the
Administrator for reviews under this paragraph--
``(i) $8,000,000 for each of fiscal years 2008, 2009,
and 2010; and
``(ii) such sums as are necessary for fiscal year 2011,
and each fiscal year thereafter.
``(3) Office of inspector general performance audits.--
``(A) In general.--In order to ensure the effective and
appropriate use of grants administered by the Department, the
Inspector General of the Department each year shall conduct
audits of a sample of States and high-risk urban areas that
receive grants administered by the Department to prevent,
prepare for, protect against, or respond to natural disasters,
acts of terrorism, or other man-made disasters, excluding
assistance provided under section 203, title IV, or title V of
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).
``(B) Determining samples.--The sample selected for audits
under subparagraph (A) shall be--
``(i) of an appropriate size to--
``(I) assess the overall integrity of the grant
programs described in subparagraph (A); and
``(II) act as a deterrent to financial
mismanagement; and
``(ii) selected based on--
``(I) the size of the grants awarded to the
recipient;
``(II) the past grant management performance of the
recipient;
``(III) concerns identified by the Administrator,
including referrals from the Administrator; and
``(IV) such other factors as determined by the
Inspector General of the Department.
``(C) Comprehensive auditing.--During the 7-year period
beginning on the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the
Inspector General of the Department shall conduct not fewer
than 1 audit of each State that receives funds under a grant
under section 2003 or 2004.
``(D) Report by the inspector general.--
``(i) In general.--The Inspector General of the
Department shall submit to the appropriate committees of
Congress an annual consolidated report regarding the audits
completed during the fiscal year before the date of that
report.
``(ii) Contents.--Each report submitted under clause
(i) shall describe, for the fiscal year before the date of
that report--
``(I) the audits conducted under subparagraph (A);
``(II) the findings of the Inspector General with
respect to the audits conducted under subparagraph (A);
``(III) whether the funds awarded were used in
accordance with the law, program guidance, and State
homeland security plans and other applicable plans; and
``(IV) the extent to which funds awarded enhanced
the ability of a grantee to prevent, prepare for,
protect against, and respond to natural disasters, acts
of terrorism and other man-made disasters.
``(iii) Deadline.--For each year, the report required
under clause (i) shall be submitted not later than December
31.
``(E) Public availability on website.--The Inspector
General of the Department shall make each audit conducted under
subparagraph (A) available on the website of the Inspector
General, subject to redaction as the Inspector General
determines necessary to protect classified and other sensitive
information.
``(F) Provision of information to administrator.--The
Inspector General of the Department shall provide to the
Administrator any findings and recommendations from audits
conducted under subparagraph (A).
``(G) Evaluation of grants management and oversight.--Not
later than 1 year after the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act of
2007, the Inspector General of the Department shall review and
evaluate the grants management and oversight practices of the
Federal Emergency Management Agency, including assessment of
and recommendations relating to--
``(i) the skills, resources, and capabilities of the
workforce; and
``(ii) any additional resources and staff necessary to
carry out such management and oversight.
``(H) Authorization of appropriations.--In addition to any
other amounts authorized to be appropriated to the Inspector
General of the Department, there are authorized to be
appropriated to the Inspector General of the Department for
audits under subparagraph (A)--
``(i) $8,500,000 for each of fiscal years 2008, 2009,
and 2010; and
``(ii) such sums as are necessary for fiscal year 2011,
and each fiscal year thereafter.
``(4) Performance assessment.--In order to ensure that States
and high-risk urban areas are using grants administered by the
Department appropriately to meet target capabilities and
preparedness priorities, the Administrator shall--
``(A) ensure that any such State or high-risk urban area
conducts or participates in exercises under section 648(b) of
the Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 748(b));
``(B) use performance metrics in accordance with the
comprehensive assessment system under section 649 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749)
and ensure that any such State or high-risk urban area
regularly tests its progress against such metrics through the
exercises required under subparagraph (A);
``(C) use the remedial action management program under
section 650 of the Post-Katrina Emergency Management Reform Act
of 2006 (6 U.S.C. 750); and
``(D) ensure that each State receiving a grant administered
by the Department submits a report to the Administrator on its
level of preparedness, as required by section 652(c) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
752(c)).
``(5) Consideration of assessments.--In conducting program
reviews and performance audits under paragraphs (2) and (3), the
Administrator and the Inspector General of the Department shall
take into account the performance assessment elements required
under paragraph (4).
``(6) Recovery audits.--The Administrator shall conduct a
recovery audit (as that term is defined by the Director of the
Office of Management and Budget under section 3561 of title 31,
United States Code) for any grant administered by the Department
with a total value of not less than $1,000,000, if the
Administrator finds that--
``(A) a financial audit has identified improper payments
that can be recouped; and
``(B) it is cost effective to conduct a recovery audit to
recapture the targeted funds.
``(7) Remedies for noncompliance.--
``(A) In general.--If, as a result of a review or audit
under this subsection or otherwise, the Administrator finds
that a recipient of a grant under this title has failed to
substantially comply with any provision of law or with any
regulations or guidelines of the Department regarding eligible
expenditures, the Administrator shall--
``(i) reduce the amount of payment of grant funds to
the recipient by an amount equal to the amount of grants
funds that were not properly expended by the recipient;
``(ii) limit the use of grant funds to programs,
projects, or activities not affected by the failure to
comply;
``(iii) refer the matter to the Inspector General of
the Department for further investigation;
``(iv) terminate any payment of grant funds to be made
to the recipient; or
``(v) take such other action as the Administrator
determines appropriate.
``(B) Duration of penalty.--The Administrator shall apply
an appropriate penalty under subparagraph (A) until such time
as the Administrator determines that the grant recipient is in
full compliance with the law and with applicable guidelines or
regulations of the Department.
``(b) Reports by Grant Recipients.--
``(1) Quarterly reports on homeland security spending.--
``(A) In general.--As a condition of receiving a grant
under section 2003 or 2004, a State, high-risk urban area, or
directly eligible tribe shall, not later than 30 days after the
end of each Federal fiscal quarter, submit to the Administrator
a report on activities performed using grant funds during that
fiscal quarter.
``(B) Contents.--Each report submitted under subparagraph
(A) shall at a minimum include, for the applicable State, high-
risk urban area, or directly eligible tribe, and each
subgrantee thereof--
``(i) the amount obligated to that recipient under
section 2003 or 2004 in that quarter;
``(ii) the amount of funds received and expended under
section 2003 or 2004 by that recipient in that quarter; and
``(iii) a summary description of expenditures made by
that recipient using such funds, and the purposes for which
such expenditures were made.
``(C) End-of-year report.--The report submitted under
subparagraph (A) by a State, high-risk urban area, or directly
eligible tribe relating to the last quarter of any fiscal year
shall include--
``(i) the amount and date of receipt of all funds
received under the grant during that fiscal year;
``(ii) the identity of, and amount provided to, any
subgrantee for that grant during that fiscal year;
``(iii) the amount and the dates of disbursements of
all such funds expended in compliance with section
2021(a)(1) or under mutual aid agreements or other sharing
arrangements that apply within the State, high-risk urban
area, or directly eligible tribe, as applicable, during
that fiscal year; and
``(iv) how the funds were used by each recipient or
subgrantee during that fiscal year.
``(2) Annual report.--Any State applying for a grant under
section 2004 shall submit to the Administrator annually a State
preparedness report, as required by section 652(c) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).
``(c) Reports by the Administrator.--
``(1) Federal preparedness report.--The Administrator shall
submit to the appropriate committees of Congress annually the
Federal Preparedness Report required under section 652(a) of the
Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
752(a)).
``(2) Risk assessment.--
``(A) In general.--For each fiscal year, the Administrator
shall provide to the appropriate committees of Congress a
detailed and comprehensive explanation of the methodologies
used to calculate risk and compute the allocation of funds for
grants administered by the Department, including--
``(i) all variables included in the risk assessment and
the weights assigned to each such variable;
``(ii) an explanation of how each such variable, as
weighted, correlates to risk, and the basis for concluding
there is such a correlation; and
``(iii) any change in the methodologies from the
previous fiscal year, including changes in variables
considered, weighting of those variables, and computational
methods.
``(B) Classified annex.--The information required under
subparagraph (A) shall be provided in unclassified form to the
greatest extent possible, and may include a classified annex if
necessary.
``(C) Deadline.--For each fiscal year, the information
required under subparagraph (A) shall be provided on the
earlier of--
``(i) October 31; or
``(ii) 30 days before the issuance of any program
guidance for grants administered by the Department.
``(3) Tribal funding report.--At the end of each fiscal year,
the Administrator shall submit to the appropriate committees of
Congress a report setting forth the amount of funding provided
during that fiscal year to Indian tribes under any grant program
administered by the Department, whether provided directly or
through a subgrant from a State or high-risk urban area.''.
SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
(a) National Advisory Council.--Section 508(b) of the Homeland
Security Act of 2002 (6 U.S.C. 318(b)) is amended--
(1) by striking ``The National Advisory'' the first place that
term appears and inserting the following:
``(1) In general.--The National Advisory''; and
(2) by adding at the end the following:
``(2) Consultation on grants.--To ensure input from and
coordination with State, local, and tribal governments and
emergency response providers, the Administrator shall regularly
consult and work with the National Advisory Council on the
administration and assessment of grant programs administered by the
Department, including with respect to the development of program
guidance and the development and evaluation of risk-assessment
methodologies, as appropriate.''.
(b) Evacuation Planning.--Section 512(b)(5)(A) of the Homeland
Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by inserting
``, including the elderly'' after ``needs''.
SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT
REFORM ACT OF 2006.
(a) Funding Efficacy.--Section 652(a)(2) of the Post-Katrina
Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)) is
amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) an evaluation of the extent to which grants
administered by the Department, including grants under title XX
of the Homeland Security Act of 2002--
``(i) have contributed to the progress of State, local,
and tribal governments in achieving target capabilities;
and
``(ii) have led to the reduction of risk from natural
disasters, acts of terrorism, or other man-made disasters
nationally and in State, local, and tribal
jurisdictions.''.
(b) State Preparedness Report.--Section 652(c)(2)(D) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)(2)(D))
is amended by striking ``an assessment of resource needs'' and
inserting ``a discussion of the extent to which target capabilities
identified in the applicable State homeland security plan and other
applicable plans remain unmet and an assessment of resources needed''.
SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) by redesignating title XVIII, as added by the SAFE Port Act
(Public Law 109-347; 120 Stat. 1884), as title XIX;
(2) by redesignating sections 1801 through 1806, as added by
the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as sections
1901 through 1906, respectively;
(3) in section 1904(a), as so redesignated, by striking
``section 1802'' and inserting ``section 1902'';
(4) in section 1906, as so redesignated, by striking ``section
1802(a)'' each place that term appears and inserting ``section
1902(a)''; and
(5) in the table of contents in section 1(b), by striking the
items relating to title XVIII and sections 1801 through 1806, as
added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884),
and inserting the following:
``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal
agencies.
``Sec. 1906. Contracting and grant making authorities.
``TITLE XX--HOMELAND SECURITY GRANTS
``Sec. 2001. Definitions.
``Subtitle A--Grants to States and High-Risk Urban Areas
``Sec. 2002. Homeland Security Grant Programs.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Grants to directly eligible tribes.
``Sec. 2006. Terrorism prevention.
``Sec. 2007. Prioritization.
``Sec. 2008. Use of funds.
``Subtitle B--Grants Administration
``Sec. 2021. Administration and coordination.
``Sec. 2022. Accountability.''.
TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS
SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.
Section 662 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 762) is amended to read as follows:
``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
``(a) Definitions.--In this section--
``(1) the term `program' means the emergency management
performance grants program described in subsection (b); and
``(2) the term `State' has the meaning given that term in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).
``(b) In General.--The Administrator of the Federal Emergency
Management Agency shall continue implementation of an emergency
management performance grants program, to make grants to States to
assist State, local, and tribal governments in preparing for all
hazards, as authorized by the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.).
``(c) Federal Share.--Except as otherwise specifically provided by
title VI of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the cost
of an activity carried out using funds made available under the program
shall not exceed 50 percent.
``(d) Apportionment.--For fiscal year 2008, and each fiscal year
thereafter, the Administrator shall apportion the amounts appropriated
to carry out the program among the States as follows:
``(1) Baseline amount.--The Administrator shall first apportion
0.25 percent of such amounts to each of American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and the Virgin
Islands and 0.75 percent of such amounts to each of the remaining
States.
``(2) Remainder.--The Administrator shall apportion the
remainder of such amounts in the ratio that--
``(A) the population of each State; bears to
``(B) the population of all States.
``(e) Consistency in Allocation.--Notwithstanding subsection (d),
in any fiscal year before fiscal year 2013 in which the appropriation
for grants under this section is equal to or greater than the
appropriation for emergency management performance grants in fiscal
year 2007, no State shall receive an amount under this section for that
fiscal year less than the amount that State received in fiscal year
2007.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out the program--
``(1) for fiscal year 2008, $400,000,000;
``(2) for fiscal year 2009, $535,000,000;
``(3) for fiscal year 2010, $680,000,000;
``(4) for fiscal year 2011, $815,000,000; and
``(5) for fiscal year 2012, $950,000,000.''.
SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
Section 614 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c) is amended to read as follows:
``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS
CENTERS.
``(a) Grants.--The Administrator of the Federal Emergency
Management Agency may make grants to States under this title for
equipping, upgrading, and constructing State and local emergency
operations centers.
``(b) Federal Share.--Notwithstanding any other provision of this
title, the Federal share of the cost of an activity carried out using
amounts from grants made under this section shall not exceed 75
percent.''.
TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST
RESPONDERS
SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
(a) Establishment.--Title XVIII of the Homeland Security Act of
2002 (6 U.S.C. 571 et seq.) is amended by adding at the end the
following new section:
``SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
``(a) Establishment.--The Secretary shall establish the
Interoperable Emergency Communications Grant Program to make grants to
States to carry out initiatives to improve local, tribal, statewide,
regional, national and, where appropriate, international interoperable
emergency communications, including communications in collective
response to natural disasters, acts of terrorism, and other man-made
disasters.
``(b) Policy.--The Director for Emergency Communications shall
ensure that a grant awarded to a State under this section is consistent
with the policies established pursuant to the responsibilities and
authorities of the Office of Emergency Communications under this title,
including ensuring that activities funded by the grant--
``(1) comply with the statewide plan for that State required by
section 7303(f) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 194(f)); and
``(2) comply with the National Emergency Communications Plan
under section 1802, when completed.
``(c) Administration.--
``(1) In general.--The Administrator of the Federal Emergency
Management Agency shall administer the Interoperable Emergency
Communications Grant Program pursuant to the responsibilities and
authorities of the Administrator under title V of the Act.
``(2) Guidance.--In administering the grant program, the
Administrator shall ensure that the use of grants is consistent
with guidance established by the Director of Emergency
Communications pursuant to section 7303(a)(1)(H) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(a)(1)(H)).
``(d) Use of Funds.--A State that receives a grant under this
section shall use the grant to implement that State's Statewide
Interoperability Plan required under section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f)) and approved under subsection (e), and to assist with
activities determined by the Secretary to be integral to interoperable
emergency communications.
``(e) Approval of Plans.--
``(1) Approval as condition of grant.--Before a State may
receive a grant under this section, the Director of Emergency
Communications shall approve the State's Statewide Interoperable
Communications Plan required under section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f)).
``(2) Plan requirements.--In approving a plan under this
subsection, the Director of Emergency Communications shall ensure
that the plan--
``(A) is designed to improve interoperability at the city,
county, regional, State and interstate level;
``(B) considers any applicable local or regional plan; and
``(C) complies, to the maximum extent practicable, with the
National Emergency Communications Plan under section 1802.
``(3) Approval of revisions.--The Director of Emergency
Communications may approve revisions to a State's plan if the
Director determines that doing so is likely to further
interoperability.
``(f) Limitations on Uses of Funds.--
``(1) In general.--The recipient of a grant under this section
may not use the grant--
``(A) to supplant State or local funds;
``(B) for any State or local government cost-sharing
contribution; or
``(C) for recreational or social purposes.
``(2) Penalties.--In addition to other remedies currently
available, the Secretary may take such actions as necessary to
ensure that recipients of grant funds are using the funds for the
purpose for which they were intended.
``(g) Limitations on Award of Grants.--
``(1) National emergency communications plan required.--The
Secretary may not award a grant under this section before the date
on which the Secretary completes and submits to Congress the
National Emergency Communications Plan required under section 1802.
``(2) Voluntary consensus standards.--The Secretary may not
award a grant to a State under this section for the purchase of
equipment that does not meet applicable voluntary consensus
standards, unless the State demonstrates that there are compelling
reasons for such purchase.
``(h) Award of Grants.--In approving applications and awarding
grants under this section, the Secretary shall consider--
``(1) the risk posed to each State by natural disasters, acts
of terrorism, or other manmade disasters, including--
``(A) the likely need of a jurisdiction within the State to
respond to such risk in nearby jurisdictions;
``(B) the degree of threat, vulnerability, and consequences
related to critical infrastructure (from all critical
infrastructure sectors) or key resources identified by the
Administrator or the State homeland security and emergency
management plans, including threats to, vulnerabilities of, and
consequences from damage to critical infrastructure and key
resources in nearby jurisdictions;
``(C) the size of the population and density of the
population of the State, including appropriate consideration of
military, tourist, and commuter populations;
``(D) whether the State is on or near an international
border;
``(E) whether the State encompasses an economically
significant border crossing; and
``(F) whether the State has a coastline bordering an ocean,
a major waterway used for interstate commerce, or international
waters; and
``(2) the anticipated effectiveness of the State's proposed use
of grant funds to improve interoperability.
``(i) Opportunity to Amend Applications.--In considering
applications for grants under this section, the Administrator shall
provide applicants with a reasonable opportunity to correct defects in
the application, if any, before making final awards.
``(j) Minimum Grant Amounts.--
``(1) States.--In awarding grants under this section, the
Secretary shall ensure that for each fiscal year, except as
provided in paragraph (2), no State receives a grant in an amount
that is less than the following percentage of the total amount
appropriated for grants under this section for that fiscal year:
``(A) For fiscal year 2008, 0.50 percent.
``(B) For fiscal year 2009, 0.50 percent.
``(C) For fiscal year 2010, 0.45 percent.
``(D) For fiscal year 2011, 0.40 percent.
``(E) For fiscal year 2012 and each subsequent fiscal year,
0.35 percent.
``(2) Territories and possessions.--In awarding grants under
this section, the Secretary shall ensure that for each fiscal year,
American Samoa, the Commonwealth of the Northern Mariana Islands,
Guam, and the Virgin Islands each receive grants in amounts that
are not less than 0.08 percent of the total amount appropriated for
grants under this section for that fiscal year.
``(k) Certification.--Each State that receives a grant under this
section shall certify that the grant is used for the purpose for which
the funds were intended and in compliance with the State's approved
Statewide Interoperable Communications Plan.
``(l) State Responsibilities.--
``(1) Availability of funds to local and tribal governments.--
Not later than 45 days after receiving grant funds, any State that
receives a grant under this section shall obligate or otherwise
make available to local and tribal governments--
``(A) not less than 80 percent of the grant funds;
``(B) with the consent of local and tribal governments,
eligible expenditures having a value of not less than 80
percent of the amount of the grant; or
``(C) grant funds combined with other eligible expenditures
having a total value of not less than 80 percent of the amount
of the grant.
``(2) Allocation of funds.--A State that receives a grant under
this section shall allocate grant funds to tribal governments in
the State to assist tribal communities in improving interoperable
communications, in a manner consistent with the Statewide
Interoperable Communications Plan. A State may not impose
unreasonable or unduly burdensome requirements on a tribal
government as a condition of providing grant funds or resources to
the tribal government.
``(3) Penalties.--If a State violates the requirements of this
subsection, in addition to other remedies available to the
Secretary, the Secretary may terminate or reduce the amount of the
grant awarded to that State or transfer grant funds previously
awarded to the State directly to the appropriate local or tribal
government.
``(m) Reports.--
``(1) Annual reports by state grant recipients.--A State that
receives a grant under this section shall annually submit to the
Director of Emergency Communications a report on the progress of
the State in implementing that State's Statewide Interoperable
Communications Plans required under section 7303(f) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
194(f)) and achieving interoperability at the city, county,
regional, State, and interstate levels. The Director shall make the
reports publicly available, including by making them available on
the Internet website of the Office of Emergency Communications,
subject to any redactions that the Director determines are
necessary to protect classified or other sensitive information.
``(2) Annual reports to congress.--At least once each year, the
Director of Emergency Communications shall submit to Congress a
report on the use of grants awarded under this section and any
progress in implementing Statewide Interoperable Communications
Plans and improving interoperability at the city, county, regional,
State, and interstate level, as a result of the award of such
grants.
``(n) Rule of Construction.--Nothing in this section shall be
construed or interpreted to preclude a State from using a grant awarded
under this section for interim or long-term Internet Protocol-based
interoperable solutions.
``(o) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
``(1) for fiscal year 2008, such sums as may be necessary;
``(2) for each of fiscal years 2009 through 2012, $400,000,000;
and
``(3) for each subsequent fiscal year, such sums as may be
necessary.''.
(b) Clerical Amendment.--The table of contents in section l(b) of
such Act is amended by inserting after the item relating to section
1808 the following:
``Sec. 1809. Interoperable Emergency Communications Grant Program.''.
(c) Interoperable Communications Plans.--Section 7303 of the
Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194)
is amended--
(1) in subsection (f)--
(A) in paragraph (4), by striking ``and'' at the end;
(B) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) include information on the governance structure used to
develop the plan, including such information about all agencies and
organizations that participated in developing the plan and the
scope and timeframe of the plan; and
``(7) describe the method by which multi-jurisdictional,
multidisciplinary input is provided from all regions of the
jurisdiction, including any high-threat urban areas located in the
jurisdiction, and the process for continuing to incorporate such
input.'';
(2) in subsection (g)(1), by striking ``or video'' and
inserting ``and video''.
(d) National Emergency Communications Plan.--Section 1802(c) of the
Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) set a date, including interim benchmarks, as
appropriate, by which State, local, and tribal governments, Federal
departments and agencies, and emergency response providers expect
to achieve a baseline level of national interoperable
communications, as that term is defined under section 7303(g)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 194(g)(1)).''.
SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
(a) In General.--Title XVIII of the Homeland Security Act of 2002
(6 U.S.C. 571 et seq.) is amended by adding at the end the following
new section:
``SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
``(a) In General.--
``(1) Establishment.--The Secretary, acting through the
Director of the Office of Emergency Communications (referred to in
this section as the `Director'), and in coordination with the
Federal Communications Commission and the Secretary of Commerce,
shall establish an International Border Community Interoperable
Communications Demonstration Project (referred to in this section
as the `demonstration project').
``(2) Minimum number of communities.--The Director shall select
no fewer than 6 communities to participate in a demonstration
project.
``(3) Location of communities.--No fewer than 3 of the
communities selected under paragraph (2) shall be located on the
northern border of the United States and no fewer than 3 of the
communities selected under paragraph (2) shall be located on the
southern border of the United States.
``(b) Conditions.--The Director, in coordination with the Federal
Communications Commission and the Secretary of Commerce, shall ensure
that the project is carried out as soon as adequate spectrum is
available as a result of the 800 megahertz rebanding process in border
areas, and shall ensure that the border projects do not impair or
impede the rebanding process, but under no circumstances shall funds be
distributed under this section unless the Federal Communications
Commission and the Secretary of Commerce agree that these conditions
have been met.
``(c) Program Requirements.--Consistent with the responsibilities
of the Office of Emergency Communications under section 1801, the
Director shall foster local, tribal, State, and Federal interoperable
emergency communications, as well as interoperable emergency
communications with appropriate Canadian and Mexican authorities in the
communities selected for the demonstration project. The Director
shall--
``(1) identify solutions to facilitate interoperable
communications across national borders expeditiously;
``(2) help ensure that emergency response providers can
communicate with each other in the event of natural disasters, acts
of terrorism, and other man-made disasters;
``(3) provide technical assistance to enable emergency response
providers to deal with threats and contingencies in a variety of
environments;
``(4) identify appropriate joint-use equipment to ensure
communications access;
``(5) identify solutions to facilitate communications between
emergency response providers in communities of differing population
densities; and
``(6) take other actions or provide equipment as the Director
deems appropriate to foster interoperable emergency communications.
``(d) Distribution of Funds.--
``(1) In general.--The Secretary shall distribute funds under
this section to each community participating in the demonstration
project through the State, or States, in which each community is
located.
``(2) Other participants.--A State shall make the funds
available promptly to the local and tribal governments and
emergency response providers selected by the Secretary to
participate in the demonstration project.
``(3) Report.--Not later than 90 days after a State receives
funds under this subsection the State shall report to the Director
on the status of the distribution of such funds to local and tribal
governments.
``(e) Maximum Period of Grants.--The Director may not fund any
participant under the demonstration project for more than 3 years.
``(f) Transfer of Information and Knowledge.--The Director shall
establish mechanisms to ensure that the information and knowledge
gained by participants in the demonstration project are transferred
among the participants and to other interested parties, including other
communities that submitted applications to the participant in the
project.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated for grants under this section such sums as may be
necessary.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
that Act is amended by inserting after the item relating to section
1809 the following:
``Sec. 1810. Border interoperability demonstration project.''.
TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM
SEC. 401. DEFINITIONS.
(a) In General.--Section 501 of the Homeland Security Act of 2002
(6 U.S.C. 311) is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(12) and (13), respectively;
(2) by redesignating paragraphs (4) through (9) as paragraphs
(5) through (10), respectively;
(3) by inserting after paragraph (3) the following:
``(4) the terms `credentialed' and `credentialing' mean having
provided, or providing, respectively, documentation that identifies
personnel and authenticates and verifies the qualifications of such
personnel by ensuring that such personnel possess a minimum common
level of training, experience, physical and medical fitness, and
capability appropriate for a particular position in accordance with
standards created under section 510;'';
(4) by inserting after paragraph (10), as so redesignated, the
following:
``(11) the term `resources' means personnel and major items of
equipment, supplies, and facilities available or potentially
available for responding to a natural disaster, act of terrorism,
or other man-made disaster;'';
(5) in paragraph (12), as so redesignated, by striking ``and''
at the end;
(6) in paragraph (13), as so redesignated, by striking the
period at the end and inserting ``; and''; and
(7) by adding at the end the following:
``(14) the terms `typed' and `typing' mean having evaluated, or
evaluating, respectively, a resource in accordance with standards
created under section 510.''.
(b) Technical and Conforming Amendments.--Section 641 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741) is
amended--
(1) by redesignating paragraphs (2) through (10) as paragraphs
(3) through (11), respectively;
(2) by inserting after paragraph (1) the following:
``(2) Credentialed; credentialing.--The terms `credentialed'
and `credentialing' have the meanings given those terms in section
501 of the Homeland Security Act of 2002 (6 U.S.C. 311).''; and
(3) by adding at the end the following:
``(12) Resources.--The term `resources' has the meaning given
that term in section 501 of the Homeland Security Act of 2002 (6
U.S.C. 311).
``(13) Type.--The term `type' means a classification of
resources that refers to the capability of a resource.
``(14) Typed; typing.--The terms `typed' and `typing' have the
meanings given those terms in section 501 of the Homeland Security
Act of 2002 (6 U.S.C. 311).''.
SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.
Section 648(b)(2)(A) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by striking
clauses (iv) and (v) and inserting the following:
``(iv) designed to provide for the systematic
evaluation of readiness and enhance operational
understanding of the incident command system and relevant
mutual aid agreements;
``(v) designed to address the unique requirements of
populations with special needs, including the elderly; and
``(vi) designed to promptly develop after-action
reports and plans for quickly incorporating lessons learned
into future operations; and''.
SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
Section 648(b)(2)(B) of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by striking
``shall provide'' and all that follows through ``of exercises'' and
inserting the following: ``shall include a selection of model exercises
that State, local, and tribal governments can readily adapt for use and
provide assistance to State, local, and tribal governments with the
design, implementation, and evaluation of exercises (whether a model
exercise program or an exercise designed locally)''.
SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL
FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR
PREPAREDNESS.
Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C.
317(c)(2)) is amended--
(1) in subparagraph (H) by striking ``and'' at the end;
(2) by redesignating subparagraph (I) as subparagraph (K); and
(3) by inserting after subparagraph (H) the following:
``(I) coordinating with the private sector to help ensure
private sector preparedness for natural disasters, acts of
terrorism, and other man-made disasters;
``(J) assisting State, local, and tribal governments, where
appropriate, to preidentify and evaluate suitable sites where a
multijurisdictional incident command system may quickly be
established and operated from, if the need for such a system
arises; and''.
SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.
Section 651 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 751) is amended--
(1) in subsection (b)--
(A) in the matter preceding paragraph (1), by striking
``The inventory'' and inserting ``For each Federal agency with
responsibilities under the National Response Plan, the
inventory'';
(B) in paragraph (1), by striking ``and'' at the end;
(C) by redesignating paragraph (2) as paragraph (4); and
(D) by inserting after paragraph (1) the following:
``(2) a list of personnel credentialed in accordance with
section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320);
``(3) a list of resources typed in accordance with section 510
of the Homeland Security Act of 2002 (6 U.S.C. 320); and''; and
(2) in subsection (d)--
(A) in paragraph (1), by striking ``capabilities,
readiness'' and all that follows and inserting the following:
``--
``(A) capabilities;
``(B) readiness;
``(C) the compatibility of equipment;
``(D) credentialed personnel; and
``(E) typed resources;'';
(B) in paragraph (2), by inserting ``of capabilities,
credentialed personnel, and typed resources'' after ``rapid
deployment''; and
(C) in paragraph (3), by striking ``inventories'' and
inserting ``the inventory described in subsection (a)''.
SEC. 406. REPORTING REQUIREMENTS.
Section 652(a)(2) of the Post-Katrina Emergency Management Reform
Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 103, is further
amended--
(1) in subparagraph (C), by striking ``section 651(a);'' and
inserting ``section 651, including the number and type of
credentialed personnel in each category of personnel trained and
ready to respond to a natural disaster, act of terrorism, or other
man-made disaster;'';
(2) in subparagraph (D), by striking ``and'' at the end;
(3) in subparagraph (E), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(F) a discussion of whether the list of credentialed
personnel of the Agency described in section 651(b)(2)--
``(i) complies with the strategic human capital plan
developed under section 10102 of title 5, United States
Code; and
``(ii) is sufficient to respond to a natural disaster,
act of terrorism, or other man-made disaster, including a
catastrophic incident.''.
SEC. 407. FEDERAL PREPAREDNESS.
Section 653 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 753) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by striking
``coordinating, primary, or supporting'';
(B) in paragraph (2), by inserting ``, including
credentialing of personnel and typing of resources likely
needed to respond to a natural disaster, act of terrorism, or
other man-made disaster in accordance with section 510 of the
Homeland Security Act of 2002 (6 U.S.C. 320)'' before the
semicolon at the end;
(C) in paragraph (3), by striking ``and'' at the end;
(D) in paragraph (4), by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following:
``(5) regularly updates, verifies the accuracy of, and provides
to the Administrator the information in the inventory required
under section 651.''; and
(2) in subsection (d)--
(A) by inserting ``to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives'' after ``The
President shall certify''; and
(B) by striking ``coordinating, primary, or supporting''.
SEC. 408. CREDENTIALING AND TYPING.
Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320) is
amended--
(1) by striking ``The Administrator'' and inserting the
following:
``(a) In General.--The Administrator'';
(2) in subsection (a), as so designated, by striking
``credentialing of personnel and typing of'' and inserting ``for
credentialing and typing of incident management personnel,
emergency response providers, and other personnel (including
temporary personnel) and''; and
(3) by adding at the end the following:
``(b) Distribution.--
``(1) In general.--Not later than 1 year after the date of
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Administrator shall provide the
standards developed under subsection (a), including detailed
written guidance, to--
``(A) each Federal agency that has responsibilities under
the National Response Plan to aid that agency with
credentialing and typing incident management personnel,
emergency response providers, and other personnel (including
temporary personnel) and resources likely needed to respond to
a natural disaster, act of terrorism, or other man-made
disaster; and
``(B) State, local, and tribal governments, to aid such
governments with credentialing and typing of State, local, and
tribal incident management personnel, emergency response
providers, and other personnel (including temporary personnel)
and resources likely needed to respond to a natural disaster,
act of terrorism, or other man-made disaster.
``(2) Assistance.--The Administrator shall provide expertise
and technical assistance to aid Federal, State, local, and tribal
government agencies with credentialing and typing incident
management personnel, emergency response providers, and other
personnel (including temporary personnel) and resources likely
needed to respond to a natural disaster, act of terrorism, or other
man-made disaster.
``(c) Credentialing and Typing of Personnel.--Not later than 6
months after receiving the standards provided under subsection (b),
each Federal agency with responsibilities under the National Response
Plan shall ensure that incident management personnel, emergency
response providers, and other personnel (including temporary personnel)
and resources likely needed to respond to a natural disaster, act of
terrorism, or other manmade disaster are credentialed and typed in
accordance with this section.
``(d) Consultation on Health Care Standards.--In developing
standards for credentialing health care professionals under this
section, the Administrator shall consult with the Secretary of Health
and Human Services.''.
SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL
INFRASTRUCTURE WORKERS.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL
INFRASTRUCTURE WORKERS.
``(a) In General.--Not later than 12 months after the date of
enactment of the Implementing Recommendations of the 9/11 Commission
Act of 2007, and in coordination with appropriate national professional
organizations, Federal, State, local, and tribal government agencies,
and private-sector and nongovernmental entities, the Administrator
shall establish model standards and guidelines for credentialing
critical infrastructure workers that may be used by a State to
credential critical infrastructure workers that may respond to a
natural disaster, act of terrorism, or other man-made disaster.
``(b) Distribution and Assistance.--The Administrator shall provide
the standards developed under subsection (a), including detailed
written guidance, to State, local, and tribal governments, and provide
expertise and technical assistance to aid such governments with
credentialing critical infrastructure workers that may respond to a
natural disaster, act of terrorism, or other manmade disaster.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is
amended by inserting after the item relating to section 521 the
following:
``Sec. 522. Model standards and guidelines for critical infrastructure
workers.''.
SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as necessary to
carry out this title and the amendments made by this title.
TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
Subtitle A--Homeland Security Information Sharing Enhancement
SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION
SHARING.
(a) Advisory System and Information Sharing.--
(1) In general.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at
the end the following:
``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) Requirement.--The Secretary shall administer the Homeland
Security Advisory System in accordance with this section to provide
advisories or warnings regarding the threat or risk that acts of
terrorism will be committed on the homeland to Federal, State, local,
and tribal government authorities and to the people of the United
States, as appropriate. The Secretary shall exercise primary
responsibility for providing such advisories or warnings.
``(b) Required Elements.--In administering the Homeland Security
Advisory System, the Secretary shall--
``(1) establish criteria for the issuance and revocation of
such advisories or warnings;
``(2) develop a methodology, relying on the criteria
established under paragraph (1), for the issuance and revocation of
such advisories or warnings;
``(3) provide, in each such advisory or warning, specific
information and advice regarding appropriate protective measures
and countermeasures that may be taken in response to the threat or
risk, at the maximum level of detail practicable to enable
individuals, government entities, emergency response providers, and
the private sector to act appropriately;
``(4) whenever possible, limit the scope of each such advisory
or warning to a specific region, locality, or economic sector
believed to be under threat or at risk; and
``(5) not, in issuing any advisory or warning, use color
designations as the exclusive means of specifying homeland security
threat conditions that are the subject of the advisory or warning.
``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
``(a) Information Sharing.--Consistent with section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485), the Secretary, acting through the Under Secretary for
Intelligence and Analysis, shall integrate the information and
standardize the format of the products of the intelligence components
of the Department containing homeland security information, terrorism
information, weapons of mass destruction information, or national
intelligence (as defined in section 3(5) of the National Security Act
of 1947 (50 U.S.C. 401a(5))) except for any internal security protocols
or personnel information of such intelligence components, or other
administrative processes that are administered by any chief security
officer of the Department.
``(b) Information Sharing and Knowledge Management Officers.--For
each intelligence component of the Department, the Secretary shall
designate an information sharing and knowledge management officer who
shall report to the Under Secretary for Intelligence and Analysis
regarding coordinating the different systems used in the Department to
gather and disseminate homeland security information or national
intelligence (as defined in section 3(5) of the National Security Act
of 1947 (50 U.S.C. 401a(5))).
``(c) State, Local, and Private-Sector Sources of Information.--
``(1) Establishment of business processes.--The Secretary,
acting through the Under Secretary for Intelligence and Analysis or
the Assistant Secretary for Infrastructure Protection, as
appropriate, shall--
``(A) establish Department-wide procedures for the review
and analysis of information provided by State, local, and
tribal governments and the private sector;
``(B) as appropriate, integrate such information into the
information gathered by the Department and other departments
and agencies of the Federal Government; and
``(C) make available such information, as appropriate,
within the Department and to other departments and agencies of
the Federal Government.
``(2) Feedback.--The Secretary shall develop mechanisms to
provide feedback regarding the analysis and utility of information
provided by any entity of State, local, or tribal government or the
private sector that provides such information to the Department.
``(d) Training and Evaluation of Employees.--
``(1) Training.--The Secretary, acting through the Under
Secretary for Intelligence and Analysis or the Assistant Secretary
for Infrastructure Protection, as appropriate, shall provide to
employees of the Department opportunities for training and
education to develop an understanding of--
``(A) the definitions of homeland security information and
national intelligence (as defined in section 3(5) of the
National Security Act of 1947 (50 U.S.C. 401a(5))); and
``(B) how information available to such employees as part
of their duties--
``(i) might qualify as homeland security information or
national intelligence; and
``(ii) might be relevant to the Office of Intelligence
and Analysis and the intelligence components of the
Department.
``(2) Evaluations.--The Under Secretary for Intelligence and
Analysis shall--
``(A) on an ongoing basis, evaluate how employees of the
Office of Intelligence and Analysis and the intelligence
components of the Department are utilizing homeland security
information or national intelligence, sharing information
within the Department, as described in this title, and
participating in the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
``(B) provide to the appropriate component heads regular
reports regarding the evaluations under subparagraph (A).
``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK
ARCHITECTURE.
``(a) Establishment.--The Secretary, acting through the Under
Secretary for Intelligence and Analysis, shall establish, consistent
with the policies and procedures developed under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485), and consistent with the enterprise architecture of the
Department, a comprehensive information technology network architecture
for the Office of Intelligence and Analysis that connects the various
databases and related information technology assets of the Office of
Intelligence and Analysis and the intelligence components of the
Department in order to promote internal information sharing among the
intelligence and other personnel of the Department.
``(b) Comprehensive Information Technology Network Architecture
Defined.--The term `comprehensive information technology network
architecture' means an integrated framework for evolving or maintaining
existing information technology and acquiring new information
technology to achieve the strategic management and information
resources management goals of the Office of Intelligence and Analysis.
``SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.
``(a) Guidance.--All activities to comply with sections 203, 204,
and 205 shall be--
``(1) consistent with any policies, guidelines, procedures,
instructions, or standards established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485);
``(2) implemented in coordination with, as appropriate, the
program manager for the information sharing environment established
under that section;
``(3) consistent with any applicable guidance issued by the
Director of National Intelligence; and
``(4) consistent with any applicable guidance issued by the
Secretary relating to the protection of law enforcement information
or proprietary information.
``(b) Consultation.--In carrying out the duties and
responsibilities under this subtitle, the Under Secretary for
Intelligence and Analysis shall take into account the views of the
heads of the intelligence components of the Department.''.
(2) Technical and conforming amendments.--
(A) In general.--Section 201(d) of the Homeland Security
Act of 2002 (6 U.S.C. 121(d)) is amended--
(i) by striking paragraph (7); and
(ii) by redesignating paragraphs (8) through (19) as
paragraphs (7) through (18), respectively.
(B) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to
section 202 the following:
``Sec. 203. Homeland Security Advisory System.
``Sec. 204. Homeland security information sharing.
``Sec. 205. Comprehensive information technology network architecture.
``Sec. 206. Coordination with information sharing environment.''.
(b) Office of Intelligence and Analysis and Office of
Infrastructure Protection.--Section 201(d) of the Homeland Security Act
of 2002 (6 U.S.C. 121(d)) is amended--
(1) in paragraph (1), by inserting ``, in support of the
mission responsibilities of the Department and the functions of the
National Counterterrorism Center established under section 119 of
the National Security Act of 1947 (50 U.S.C. 404o),'' after ``and
to integrate such information''; and
(2) by striking paragraph (7), as redesignated by subsection
(a)(2)(A)(ii) of this section, and inserting the following:
``(7) To review, analyze, and make recommendations for
improvements to the policies and procedures governing the sharing
of information within the scope of the information sharing
environment established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485),
including homeland security information, terrorism information, and
weapons of mass destruction information, and any policies,
guidelines, procedures, instructions, or standards established
under that section.''.
(c) Report on Comprehensive Information Technology Network
Architecture.--Not later than 120 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a report on the progress of the Secretary in developing the
comprehensive information technology network architecture required
under section 205 of the Homeland Security Act of 2002, as added by
subsection (a). The report shall include--
(1) a description of the priorities for the development of the
comprehensive information technology network architecture and a
rationale for such priorities;
(2) an explanation of how the various components of the
comprehensive information technology network architecture will work
together and interconnect;
(3) a description of the technological challenges that the
Secretary expects the Office of Intelligence and Analysis will face
in implementing the comprehensive information technology network
architecture;
(4) a description of the technological options that are
available or are in development that may be incorporated into the
comprehensive information technology network architecture, the
feasibility of incorporating such options, and the advantages and
disadvantages of doing so;
(5) an explanation of any security protections to be developed
as part of the comprehensive information technology network
architecture;
(6) a description of safeguards for civil liberties and privacy
to be built into the comprehensive information technology network
architecture; and
(7) an operational best practices plan.
SEC. 502. INTELLIGENCE COMPONENT DEFINED.
(a) In General.--Section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101) is amended--
(1) by redesignating paragraphs (9) through (16) as paragraphs
(10) through (17), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) The term `intelligence component of the Department' means
any element or entity of the Department that collects, gathers,
processes, analyzes, produces, or disseminates intelligence
information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, or
national intelligence, as defined under section 3(5) of the
National Security Act of 1947 (50 U.S.C. 401a(5)), except--
``(A) the United States Secret Service; and
``(B) the Coast Guard, when operating under the direct
authority of the Secretary of Defense or Secretary of the Navy
pursuant to section 3 of title 14, United States Code, except
that nothing in this paragraph shall affect or diminish the
authority and responsibilities of the Commandant of the Coast
Guard to command or control the Coast Guard as an armed force
or the authority of the Director of National Intelligence with
respect to the Coast Guard as an element of the intelligence
community (as defined under section 3(4) of the National
Security Act of 1947 (50 U.S.C. 401a(4)).''.
(b) Receipt of Information From United States Secret Service.--
(1) In general.--The Under Secretary for Intelligence and
Analysis shall receive from the United States Secret Service
homeland security information, terrorism information, weapons of
mass destruction information (as these terms are defined in Section
1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485)), or national intelligence, as defined in
Section 3(5) of the National Security Act of 1947 (50 U.S.C.
401a(5)), as well as suspect information obtained in criminal
investigations. The United States Secret Service shall cooperate
with the Under Secretary for Intelligence and Analysis with respect
to activities under sections 204 and 205 of the Homeland Security
Act of 2002.
(2) Savings clause.--Nothing in this Act shall interfere with
the operation of Section 3056(g) of Title 18, United States Code,
or with the authority of the Secretary of Homeland Security or the
Director of the United States Secret Service regarding the budget
of the United States Secret Service.
(c) Technical and Conforming Amendments.--
(1) Homeland security act of 2002.--Paragraph (13) of section
501 of the Homeland Security Act of 2002 (6 U.S.C. 311), as
redesignated by section 401, is amended by striking ``section
2(10)(B)'' and inserting ``section 2(11)(B)''.
(2) Other law.--Section 712(a) of title 14, United States Code,
is amended by striking ``section 2(15) of the Homeland Security Act
of 2002 (6 U.S.C. 101(15))'' and inserting ``section 2(16) of the
Homeland Security Act of 2002 (6 U.S.C. 101(16))''.
SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND
INFORMATION SHARING.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 is further amended by adding at the end the following:
``SEC. 207. INTELLIGENCE COMPONENTS.
``Subject to the direction and control of the Secretary, and
consistent with any applicable guidance issued by the Director of
National Intelligence, the responsibilities of the head of each
intelligence component of the Department are as follows:
``(1) To ensure that the collection, processing, analysis, and
dissemination of information within the scope of the information
sharing environment, including homeland security information,
terrorism information, weapons of mass destruction information, and
national intelligence (as defined in section 3(5) of the National
Security Act of 1947 (50 U.S.C. 401a(5))), are carried out
effectively and efficiently in support of the intelligence mission
of the Department, as led by the Under Secretary for Intelligence
and Analysis.
``(2) To otherwise support and implement the intelligence
mission of the Department, as led by the Under Secretary for
Intelligence and Analysis.
``(3) To incorporate the input of the Under Secretary for
Intelligence and Analysis with respect to performance appraisals,
bonus or award recommendations, pay adjustments, and other forms of
commendation.
``(4) To coordinate with the Under Secretary for Intelligence
and Analysis in developing policies and requirements for the
recruitment and selection of intelligence officials of the
intelligence component.
``(5) To advise and coordinate with the Under Secretary for
Intelligence and Analysis on any plan to reorganize or restructure
the intelligence component that would, if implemented, result in
realignments of intelligence functions.
``(6) To ensure that employees of the intelligence component
have knowledge of, and comply with, the programs and policies
established by the Under Secretary for Intelligence and Analysis
and other appropriate officials of the Department and that such
employees comply with all applicable laws and regulations.
``(7) To perform such other activities relating to such
responsibilities as the Secretary may provide.
``SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS.
``The Secretary shall provide training and guidance for employees,
officials, and senior executives of the intelligence components of the
Department to develop knowledge of laws, regulations, operations,
policies, procedures, and programs that are related to the functions of
the Department relating to the collection, processing, analysis, and
dissemination of information within the scope of the information
sharing environment, including homeland security information, terrorism
information, and weapons of mass destruction information, or national
intelligence (as defined in section 3(5) of the National Security Act
of 1947 (50 U.S.C. 401a(5))).
``SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL
GOVERNMENT OFFICIALS.
``(a) Curriculum.--The Secretary, acting through the Under
Secretary for Intelligence and Analysis, shall--
``(1) develop a curriculum for training State, local, and
tribal government officials, including law enforcement officers,
intelligence analysts, and other emergency response providers, in
the intelligence cycle and Federal laws, practices, and regulations
regarding the development, handling, and review of intelligence and
other information; and
``(2) ensure that the curriculum includes executive level
training for senior level State, local, and tribal law enforcement
officers, intelligence analysts, and other emergency response
providers.
``(b) Training.--To the extent possible, the Federal Law
Enforcement Training Center and other existing Federal entities with
the capacity and expertise to train State, local, and tribal government
officials based on the curriculum developed under subsection (a) shall
be used to carry out the training programs created under this section.
If such entities do not have the capacity, resources, or capabilities
to conduct such training, the Secretary may approve another entity to
conduct such training.
``(c) Consultation.--In carrying out the duties described in
subsection (a), the Under Secretary for Intelligence and Analysis shall
consult with the Director of the Federal Law Enforcement Training
Center, the Attorney General, the Director of National Intelligence,
the Administrator of the Federal Emergency Management Agency, and other
appropriate parties, such as private industry, institutions of higher
education, nonprofit institutions, and other intelligence agencies of
the Federal Government.
``SEC. 210. INFORMATION SHARING INCENTIVES.
``(a) Awards.--In making cash awards under chapter 45 of title 5,
United States Code, the President or the head of an agency, in
consultation with the program manager designated under section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485), may consider the success of an employee in appropriately sharing
information within the scope of the information sharing environment
established under that section, including homeland security
information, terrorism information, and weapons of mass destruction
information, or national intelligence (as defined in section 3(5) of
the National Security Act of 1947 (50 U.S.C. 401a(5)), in a manner
consistent with any policies, guidelines, procedures, instructions, or
standards established by the President or, as appropriate, the program
manager of that environment for the implementation and management of
that environment.
``(b) Other Incentives.--The head of each department or agency
described in section 1016(i) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the
program manager designated under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall adopt
best practices regarding effective ways to educate and motivate
officers and employees of the Federal Government to participate fully
in the information sharing environment, including--
``(1) promotions and other nonmonetary awards; and
``(2) publicizing information sharing accomplishments by
individual employees and, where appropriate, the tangible end
benefits that resulted.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
further by inserting after the item relating to section 206 the
following:
``Sec. 207. Intelligence components.
``Sec. 208. Training for employees of intelligence components.
``Sec. 209. Intelligence training development for State and local
government officials.
``Sec. 210. Information sharing incentives.''.
SEC. 504. INFORMATION SHARING.
Section 1016 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 485) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(B) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Homeland security information.--The term `homeland
security information' has the meaning given that term in section
892(f) of the Homeland Security Act of 2002 (6 U.S.C. 482(f)).'';
(C) by striking paragraph (3), as so redesignated, and
inserting the following:
``(3) Information sharing environment.--The terms `information
sharing environment' and `ISE' mean an approach that facilitates
the sharing of terrorism and homeland security information, which
may include any method determined necessary and appropriate for
carrying out this section.'';
(D) by striking paragraph (5), as so redesignated, and
inserting the following:
``(5) Terrorism information.--The term `terrorism
information'--
``(A) means all information, whether collected, produced,
or distributed by intelligence, law enforcement, military,
homeland security, or other activities relating to--
``(i) the existence, organization, capabilities, plans,
intentions, vulnerabilities, means of finance or material
support, or activities of foreign or international
terrorist groups or individuals, or of domestic groups or
individuals involved in transnational terrorism;
``(ii) threats posed by such groups or individuals to
the United States, United States persons, or United States
interests, or to those of other nations;
``(iii) communications of or by such groups or
individuals; or
``(iv) groups or individuals reasonably believed to be
assisting or associated with such groups or individuals;
and
``(B) includes weapons of mass destruction information.'';
and
(E) by adding at the end the following:
``(6) Weapons of mass destruction information.--The term
`weapons of mass destruction information' means information that
could reasonably be expected to assist in the development,
proliferation, or use of a weapon of mass destruction (including a
chemical, biological, radiological, or nuclear weapon) that could
be used by a terrorist or a terrorist organization against the
United States, including information about the location of any
stockpile of nuclear materials that could be exploited for use in
such a weapon that could be used by a terrorist or a terrorist
organization against the United States.'';
(2) in subsection (b)(2)--
(A) in subparagraph (H), by striking ``and'' at the end;
(B) in subparagraph (I), by striking the period at the end
and inserting a semicolon; and
(C) by adding at the end the following:
``(J) integrates the information within the scope of the
information sharing environment, including any such information
in legacy technologies;
``(K) integrates technologies, including all legacy
technologies, through Internet-based services, consistent with
appropriate security protocols and safeguards, to enable
connectivity among required users at the Federal, State, and
local levels;
``(L) allows the full range of analytic and operational
activities without the need to centralize information within
the scope of the information sharing environment;
``(M) permits analysts to collaborate both independently
and in a group (commonly known as `collective and noncollective
collaboration'), and across multiple levels of national
security information and controlled unclassified information;
``(N) provides a resolution process that enables changes by
authorized officials regarding rules and policies for the
access, use, and retention of information within the scope of
the information sharing environment; and
``(O) incorporates continuous, real-time, and immutable
audit capabilities, to the maximum extent practicable.'';
(3) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``during the two-year period beginning
on the date of designation under this paragraph unless
sooner removed from service and replaced'' and inserting
``until removed from service or replaced''; and
(ii) by striking ``The program manager shall have and
exercise governmentwide authority.'' and inserting ``The
program manager, in consultation with the head of any
affected department or agency, shall have and exercise
governmentwide authority over the sharing of information
within the scope of the information sharing environment,
including homeland security information, terrorism
information, and weapons of mass destruction information,
by all Federal departments, agencies, and components,
irrespective of the Federal department, agency, or
component in which the program manager may be
administratively located, except as otherwise expressly
provided by law.''; and
(B) in paragraph (2)(A)--
(i) by redesignating clause (iii) as clause (v); and
(ii) by striking clause (ii) and inserting the
following:
``(ii) assist in the development of policies, as
appropriate, to foster the development and proper operation
of the ISE;
``(iii) consistent with the direction and policies
issued by the President, the Director of National
Intelligence, and the Director of the Office of Management
and Budget, issue governmentwide procedures, guidelines,
instructions, and functional standards, as appropriate, for
the management, development, and proper operation of the
ISE;
``(iv) identify and resolve information sharing
disputes between Federal departments, agencies, and
components; and'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``during the two-year
period beginning on the date of the initial designation of the
program manager by the President under subsection (f)(1),
unless sooner removed from service and replaced'' and inserting
``until removed from service or replaced'';
(B) in paragraph (2)--
(i) in subparagraph (F), by striking ``and'' at the
end;
(ii) by redesignating subparagraph (G) as subparagraph
(I); and
(iii) by inserting after subparagraph (F) the
following:
``(G) assist the program manager in identifying and
resolving information sharing disputes between Federal
departments, agencies, and components;
``(H) identify appropriate personnel for assignment to the
program manager to support staffing needs identified by the
program manager; and'';
(C) in paragraph (4), by inserting ``(including any
subsidiary group of the Information Sharing Council)'' before
``shall not be subject''; and
(D) by adding at the end the following:
``(5) Detailees.--Upon a request by the Director of National
Intelligence, the departments and agencies represented on the
Information Sharing Council shall detail to the program manager, on
a reimbursable basis, appropriate personnel identified under
paragraph (2)(H).'';
(5) in subsection (h)(1), by striking ``and annually
thereafter'' and inserting ``and not later than June 30 of each
year thereafter''; and
(6) by striking subsection (j) and inserting the following:
``(j) Report on the Information Sharing Environment.--
``(1) In general.--Not later than 180 days after the date of
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the President shall report to the Committee
on Homeland Security and Governmental Affairs of the Senate, the
Select Committee on Intelligence of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives on the feasibility of--
``(A) eliminating the use of any marking or process
(including `Originator Control') intended to, or having the
effect of, restricting the sharing of information within the
scope of the information sharing environment, including
homeland security information, terrorism information, and
weapons of mass destruction information, between and among
participants in the information sharing environment, unless the
President has--
``(i) specifically exempted categories of information
from such elimination; and
``(ii) reported that exemption to the committees of
Congress described in the matter preceding this
subparagraph; and
``(B) continuing to use Federal agency standards in effect
on such date of enactment for the collection, sharing, and
access to information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, relating to citizens and lawful permanent
residents;
``(C) replacing the standards described in subparagraph (B)
with a standard that would allow mission-based or threat-based
permission to access or share information within the scope of
the information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information, for a particular purpose that the
Federal Government, through an appropriate process established
in consultation with the Privacy and Civil Liberties Oversight
Board established under section 1061, has determined to be
lawfully permissible for a particular agency, component, or
employee (commonly known as an `authorized use' standard); and
``(D) the use of anonymized data by Federal departments,
agencies, or components collecting, possessing, disseminating,
or handling information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, in any cases in which--
``(i) the use of such information is reasonably
expected to produce results materially equivalent to the
use of information that is transferred or stored in a non-
anonymized form; and
``(ii) such use is consistent with any mission of that
department, agency, or component (including any mission
under a Federal statute or directive of the President) that
involves the storage, retention, sharing, or exchange of
personally identifiable information.
``(2) Definition.--In this subsection, the term `anonymized
data' means data in which the individual to whom the data pertains
is not identifiable with reasonable efforts, including information
that has been encrypted or hidden through the use of other
technology.
``(k) Additional Positions.--The program manager is authorized to
hire not more than 40 full-time employees to assist the program manager
in--
``(1) activities associated with the implementation of the
information sharing environment, including--
``(A) implementing the requirements under subsection
(b)(2); and
``(B) any additional implementation initiatives to enhance
and expedite the creation of the information sharing
environment; and
``(2) identifying and resolving information sharing disputes
between Federal departments, agencies, and components under
subsection (f)(2)(A)(iv).
``(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2008 and 2009.''.
Subtitle B--Homeland Security Information Sharing Partnerships
SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND
REGIONAL FUSION CENTER INITIATIVE.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the
end the following:
``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL
FUSION CENTER INITIATIVE.
``(a) Establishment.--The Secretary, in consultation with the
program manager of the information sharing environment established
under section 1016 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer
of the Department, the Officer for Civil Rights and Civil Liberties of
the Department, and the Privacy and Civil Liberties Oversight Board
established under section 1061 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a
Department of Homeland Security State, Local, and Regional Fusion
Center Initiative to establish partnerships with State, local, and
regional fusion centers.
``(b) Department Support and Coordination.--Through the Department
of Homeland Security State, Local, and Regional Fusion Center
Initiative, and in coordination with the principal officials of
participating State, local, or regional fusion centers and the officers
designated as the Homeland Security Advisors of the States, the
Secretary shall--
``(1) provide operational and intelligence advice and
assistance to State, local, and regional fusion centers;
``(2) support efforts to include State, local, and regional
fusion centers into efforts to establish an information sharing
environment;
``(3) conduct tabletop and live training exercises to regularly
assess the capability of individual and regional networks of State,
local, and regional fusion centers to integrate the efforts of such
networks with the efforts of the Department;
``(4) coordinate with other relevant Federal entities engaged
in homeland security-related activities;
``(5) provide analytic and reporting advice and assistance to
State, local, and regional fusion centers;
``(6) review information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction information,
that is gathered by State, local, and regional fusion centers, and
to incorporate such information, as appropriate, into the
Department's own such information;
``(7) provide management assistance to State, local, and
regional fusion centers;
``(8) serve as a point of contact to ensure the dissemination
of information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information;
``(9) facilitate close communication and coordination between
State, local, and regional fusion centers and the Department;
``(10) provide State, local, and regional fusion centers with
expertise on Department resources and operations;
``(11) provide training to State, local, and regional fusion
centers and encourage such fusion centers to participate in
terrorism threat-related exercises conducted by the Department; and
``(12) carry out such other duties as the Secretary determines
are appropriate.
``(c) Personnel Assignment.--
``(1) In general.--The Under Secretary for Intelligence and
Analysis shall, to the maximum extent practicable, assign officers
and intelligence analysts from components of the Department to
participating State, local, and regional fusion centers.
``(2) Personnel sources.--Officers and intelligence analysts
assigned to participating fusion centers under this subsection may
be assigned from the following Department components, in
coordination with the respective component head and in consultation
with the principal officials of participating fusion centers:
``(A) Office of Intelligence and Analysis.
``(B) Office of Infrastructure Protection.
``(C) Transportation Security Administration.
``(D) United States Customs and Border Protection.
``(E) United States Immigration and Customs Enforcement.
``(F) United States Coast Guard.
``(G) Other components of the Department, as determined by
the Secretary.
``(3) Qualifying criteria.--
``(A) In general.--The Secretary shall develop qualifying
criteria for a fusion center to participate in the assigning of
Department officers or intelligence analysts under this
section.
``(B) Criteria.--Any criteria developed under subparagraph
(A) may include--
``(i) whether the fusion center, through its mission
and governance structure, focuses on a broad
counterterrorism approach, and whether that broad approach
is pervasive through all levels of the organization;
``(ii) whether the fusion center has sufficient numbers
of adequately trained personnel to support a broad
counterterrorism mission;
``(iii) whether the fusion center has--
``(I) access to relevant law enforcement, emergency
response, private sector, open source, and national
security data; and
``(II) the ability to share and analytically
utilize that data for lawful purposes;
``(iv) whether the fusion center is adequately funded
by the State, local, or regional government to support its
counterterrorism mission; and
``(v) the relevancy of the mission of the fusion center
to the particular source component of Department officers
or intelligence analysts.
``(4) Prerequisite.--
``(A) Intelligence analysis, privacy, and civil liberties
training.--Before being assigned to a fusion center under this
section, an officer or intelligence analyst shall undergo--
``(i) appropriate intelligence analysis or information
sharing training using an intelligence-led policing
curriculum that is consistent with--
``(I) standard training and education programs
offered to Department law enforcement and intelligence
personnel; and
``(II) the Criminal Intelligence Systems Operating
Policies under part 23 of title 28, Code of Federal
Regulations (or any corresponding similar rule or
regulation);
``(ii) appropriate privacy and civil liberties training
that is developed, supported, or sponsored by the Privacy
Officer appointed under section 222 and the Officer for
Civil Rights and Civil Liberties of the Department, in
consultation with the Privacy and Civil Liberties Oversight
Board established under section 1061 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601
note); and
``(iii) such other training prescribed by the Under
Secretary for Intelligence and Analysis.
``(B) Prior work experience in area.--In determining the
eligibility of an officer or intelligence analyst to be
assigned to a fusion center under this section, the Under
Secretary for Intelligence and Analysis shall consider the
familiarity of the officer or intelligence analyst with the
State, locality, or region, as determined by such factors as
whether the officer or intelligence analyst--
``(i) has been previously assigned in the geographic
area; or
``(ii) has previously worked with intelligence
officials or law enforcement or other emergency response
providers from that State, locality, or region.
``(5) Expedited security clearance processing.--The Under
Secretary for Intelligence and Analysis--
``(A) shall ensure that each officer or intelligence
analyst assigned to a fusion center under this section has the
appropriate security clearance to contribute effectively to the
mission of the fusion center; and
``(B) may request that security clearance processing be
expedited for each such officer or intelligence analyst and may
use available funds for such purpose.
``(6) Further qualifications.--Each officer or intelligence
analyst assigned to a fusion center under this section shall
satisfy any other qualifications the Under Secretary for
Intelligence and Analysis may prescribe.
``(d) Responsibilities.--An officer or intelligence analyst
assigned to a fusion center under this section shall--
``(1) assist law enforcement agencies and other emergency
response providers of State, local, and tribal governments and
fusion center personnel in using information within the scope of
the information sharing environment, including homeland security
information, terrorism information, and weapons of mass destruction
information, to develop a comprehensive and accurate threat
picture;
``(2) review homeland security-relevant information from law
enforcement agencies and other emergency response providers of
State, local, and tribal government;
``(3) create intelligence and other information products
derived from such information and other homeland security-relevant
information provided by the Department; and
``(4) assist in the dissemination of such products, as
coordinated by the Under Secretary for Intelligence and Analysis,
to law enforcement agencies and other emergency response providers
of State, local, and tribal government, other fusion centers, and
appropriate Federal agencies.
``(e) Border Intelligence Priority.--
``(1) In general.--The Secretary shall make it a priority to
assign officers and intelligence analysts under this section from
United States Customs and Border Protection, United States
Immigration and Customs Enforcement, and the Coast Guard to
participating State, local, and regional fusion centers located in
jurisdictions along land or maritime borders of the United States
in order to enhance the integrity of and security at such borders
by helping Federal, State, local, and tribal law enforcement
authorities to identify, investigate, and otherwise interdict
persons, weapons, and related contraband that pose a threat to
homeland security.
``(2) Border intelligence products.--When performing the
responsibilities described in subsection (d), officers and
intelligence analysts assigned to participating State, local, and
regional fusion centers under this section shall have, as a primary
responsibility, the creation of border intelligence products that--
``(A) assist State, local, and tribal law enforcement
agencies in deploying their resources most efficiently to help
detect and interdict terrorists, weapons of mass destruction,
and related contraband at land or maritime borders of the
United States;
``(B) promote more consistent and timely sharing of border
security-relevant information among jurisdictions along land or
maritime borders of the United States; and
``(C) enhance the Department's situational awareness of the
threat of acts of terrorism at or involving the land or
maritime borders of the United States.
``(f) Database Access.--In order to fulfill the objectives
described under subsection (d), each officer or intelligence analyst
assigned to a fusion center under this section shall have appropriate
access to all relevant Federal databases and information systems,
consistent with any policies, guidelines, procedures, instructions, or
standards established by the President or, as appropriate, the program
manager of the information sharing environment for the implementation
and management of that environment.
``(g) Consumer Feedback.--
``(1) In general.--The Secretary shall create a voluntary
mechanism for any State, local, or tribal law enforcement officer
or other emergency response provider who is a consumer of the
intelligence or other information products referred to in
subsection (d) to provide feedback to the Department on the quality
and utility of such intelligence products.
``(2) Report.--Not later than one year after the date of the
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, and annually thereafter, the Secretary
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a report that includes a description of
the consumer feedback obtained under paragraph (1) and, if
applicable, how the Department has adjusted its production of
intelligence products in response to that consumer feedback.
``(h) Rule of Construction.--
``(1) In general.--The authorities granted under this section
shall supplement the authorities granted under section 201(d) and
nothing in this section shall be construed to abrogate the
authorities granted under section 201(d).
``(2) Participation.--Nothing in this section shall be
construed to require a State, local, or regional government or
entity to accept the assignment of officers or intelligence
analysts of the Department into the fusion center of that State,
locality, or region.
``(i) Guidelines.--The Secretary, in consultation with the Attorney
General, shall establish guidelines for fusion centers created and
operated by State and local governments, to include standards that any
such fusion center shall--
``(1) collaboratively develop a mission statement, identify
expectations and goals, measure performance, and determine
effectiveness for that fusion center;
``(2) create a representative governance structure that
includes law enforcement officers and other emergency response
providers and, as appropriate, the private sector;
``(3) create a collaborative environment for the sharing of
intelligence and information among Federal, State, local, and
tribal government agencies (including law enforcement officers and
other emergency response providers), the private sector, and the
public, consistent with any policies, guidelines, procedures,
instructions, or standards established by the President or, as
appropriate, the program manager of the information sharing
environment;
``(4) leverage the databases, systems, and networks available
from public and private sector entities, in accordance with all
applicable laws, to maximize information sharing;
``(5) develop, publish, and adhere to a privacy and civil
liberties policy consistent with Federal, State, and local law;
``(6) provide, in coordination with the Privacy Officer of the
Department and the Officer for Civil Rights and Civil Liberties of
the Department, appropriate privacy and civil liberties training
for all State, local, tribal, and private sector representatives at
the fusion center;
``(7) ensure appropriate security measures are in place for the
facility, data, and personnel;
``(8) select and train personnel based on the needs, mission,
goals, and functions of that fusion center;
``(9) offer a variety of intelligence and information services
and products to recipients of fusion center intelligence and
information; and
``(10) incorporate law enforcement officers, other emergency
response providers, and, as appropriate, the private sector, into
all relevant phases of the intelligence and fusion process,
consistent with the mission statement developed under paragraph
(1), either through full time representatives or liaison
relationships with the fusion center to enable the receipt and
sharing of information and intelligence.
``(j) Definitions.--In this section--
``(1) the term `fusion center' means a collaborative effort of
2 or more Federal, State, local, or tribal government agencies that
combines resources, expertise, or information with the goal of
maximizing the ability of such agencies to detect, prevent,
investigate, apprehend, and respond to criminal or terrorist
activity;
``(2) the term `information sharing environment' means the
information sharing environment established under section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485);
``(3) the term `intelligence analyst' means an individual who
regularly advises, administers, supervises, or performs work in the
collection, gathering, analysis, evaluation, reporting, production,
or dissemination of information on political, economic, social,
cultural, physical, geographical, scientific, or military
conditions, trends, or forces in foreign or domestic areas that
directly or indirectly affect national security;
``(4) the term `intelligence-led policing' means the collection
and analysis of information to produce an intelligence end product
designed to inform law enforcement decision making at the tactical
and strategic levels; and
``(5) the term `terrorism information' has the meaning given
that term in section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485).
``(k) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 for each of fiscal years 2008 through 2012, to
carry out this section, except for subsection (i), including for hiring
officers and intelligence analysts to replace officers and intelligence
analysts who are assigned to fusion centers under this section.''.
(b) Training for Predeployed Officers and Analysts.--An officer or
analyst assigned to a fusion center by the Secretary of Homeland
Security before the date of the enactment of this Act shall undergo the
training described in section 210A(c)(4)(A) of the Homeland Security
Act of 2002, as added by subsection (a), by not later than 6 months
after such date.
(c) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is further amended by inserting after the item relating to
section 210 the following:
``Sec. 210A. Department of Homeland Security State, Local, and Regional
Information Fusion Center Initiative.''.
(d) Reports.--
(1) Concept of operations.--Not later than 90 days after the
date of enactment of this Act and before the Department of Homeland
Security State, Local, and Regional Fusion Center Initiative under
section 210A of the Homeland Security Act of 2002, as added by
subsection (a), (in this section referred to as the ``program'')
has been implemented, the Secretary, in consultation with the
Privacy Officer of the Department, the Officer for Civil Rights and
Civil Liberties of the Department, and the Privacy and Civil
Liberties Oversight Board established under section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C.
601 note), shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report that contains a
concept of operations for the program, which shall--
(A) include a clear articulation of the purposes, goals,
and specific objectives for which the program is being
developed;
(B) identify stakeholders in the program and provide an
assessment of their needs;
(C) contain a developed set of quantitative metrics to
measure, to the extent possible, program output;
(D) contain a developed set of qualitative instruments
(including surveys and expert interviews) to assess the extent
to which stakeholders believe their needs are being met; and
(E) include a privacy and civil liberties impact
assessment.
(2) Privacy and civil liberties.--Not later than 1 year after
the date of the enactment of this Act, the Privacy Officer of the
Department of Homeland Security and the Officer for Civil Liberties
and Civil Rights of the Department of Homeland Security, consistent
with any policies of the Privacy and Civil Liberties Oversight
Board established under section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit
to the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the House of
Representatives, the Secretary of Homeland Security, the Under
Secretary of Homeland Security for Intelligence and Analysis, and
the Privacy and Civil Liberties Oversight Board a report on the
privacy and civil liberties impact of the program.
SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
(a) Establishment of Program.--Subtitle A of title II of the
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
by adding at the end the following:
``SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the Under
Secretary for Intelligence and Analysis, and in consultation with
the Chief Human Capital Officer, shall establish a fellowship
program in accordance with this section for the purpose of--
``(A) detailing State, local, and tribal law enforcement
officers and intelligence analysts to the Department in
accordance with subchapter VI of chapter 33 of title 5, United
States Code, to participate in the work of the Office of
Intelligence and Analysis in order to become familiar with--
``(i) the relevant missions and capabilities of the
Department and other Federal agencies; and
``(ii) the role, programs, products, and personnel of
the Office of Intelligence and Analysis; and
``(B) promoting information sharing between the Department
and State, local, and tribal law enforcement officers and
intelligence analysts by assigning such officers and analysts
to--
``(i) serve as a point of contact in the Department to
assist in the representation of State, local, and tribal
information requirements;
``(ii) identify information within the scope of the
information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information, that is of interest to State,
local, and tribal law enforcement officers, intelligence
analysts, and other emergency response providers;
``(iii) assist Department analysts in preparing and
disseminating products derived from information within the
scope of the information sharing environment, including
homeland security information, terrorism information, and
weapons of mass destruction information, that are tailored
to State, local, and tribal law enforcement officers and
intelligence analysts and designed to prepare for and
thwart acts of terrorism; and
``(iv) assist Department analysts in preparing products
derived from information within the scope of the
information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information, that are tailored to State,
local, and tribal emergency response providers and assist
in the dissemination of such products through appropriate
Department channels.
``(2) Program name.--The program under this section shall be
known as the `Homeland Security Information Sharing Fellows
Program'.
``(b) Eligibility.--
``(1) In general.--In order to be eligible for selection as an
Information Sharing Fellow under the program under this section, an
individual shall--
``(A) have homeland security-related responsibilities;
``(B) be eligible for an appropriate security clearance;
``(C) possess a valid need for access to classified
information, as determined by the Under Secretary for
Intelligence and Analysis;
``(D) be an employee of an eligible entity; and
``(E) have undergone appropriate privacy and civil
liberties training that is developed, supported, or sponsored
by the Privacy Officer and the Officer for Civil Rights and
Civil Liberties, in consultation with the Privacy and Civil
Liberties Oversight Board established under section 1061 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. 601 note).
``(2) Eligible entities.--In this subsection, the term
`eligible entity' means--
``(A) a State, local, or regional fusion center;
``(B) a State or local law enforcement or other government
entity that serves a major metropolitan area, suburban area, or
rural area, as determined by the Secretary;
``(C) a State or local law enforcement or other government
entity with port, border, or agricultural responsibilities, as
determined by the Secretary;
``(D) a tribal law enforcement or other authority; or
``(E) such other entity as the Secretary determines is
appropriate.
``(c) Optional Participation.--No State, local, or tribal law
enforcement or other government entity shall be required to participate
in the Homeland Security Information Sharing Fellows Program.
``(d) Procedures for Nomination and Selection.--
``(1) In general.--The Under Secretary for Intelligence and
Analysis shall establish procedures to provide for the nomination
and selection of individuals to participate in the Homeland
Security Information Sharing Fellows Program.
``(2) Limitations.--The Under Secretary for Intelligence and
Analysis shall--
``(A) select law enforcement officers and intelligence
analysts representing a broad cross-section of State, local,
and tribal agencies; and
``(B) ensure that the number of Information Sharing Fellows
selected does not impede the activities of the Office of
Intelligence and Analysis.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is further amended by inserting after the item relating to
section 210A the following:
``Sec. 210B. Homeland Security Information Sharing Fellows Program.''.
(c) Reports.--
(1) Concept of operations.--Not later than 90 days after the
date of enactment of this Act, and before the implementation of the
Homeland Security Information Sharing Fellows Program under section
210B of the Homeland Security Act of 2002, as added by subsection
(a), (in this section referred to as the ``Program'') the
Secretary, in consultation with the Privacy Officer of the
Department, the Officer for Civil Rights and Civil Liberties of the
Department, and the Privacy and Civil Liberties Oversight Board
established under section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit
to the Committee on Homeland Security and Governmental Affairs of
the Senate and the Committee on Homeland Security of the House of
Representatives a report that contains a concept of operations for
the Program, which shall include a privacy and civil liberties
impact assessment.
(2) Review of privacy impact.--Not later than 1 year after the
date on which the program is implemented, the Privacy Officer of
the Department and the Officer for Civil Rights and Civil Liberties
of the Department, consistent with any policies of the Privacy and
Civil Liberties Oversight Board established under section 1061 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (5
U.S.C. 601 note), shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security of the House of Representatives, the Secretary
of Homeland Security, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the Privacy and Civil Liberties
Oversight Board, a report on the privacy and civil liberties impact
of the program.
SEC. 513. RURAL POLICING INSTITUTE.
(a) Establishment.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the
end the following:
``SEC. 210C. RURAL POLICING INSTITUTE.
``(a) In General.--The Secretary shall establish a Rural Policing
Institute, which shall be administered by the Federal Law Enforcement
Training Center, to target training to law enforcement agencies and
other emergency response providers located in rural areas. The
Secretary, through the Rural Policing Institute, shall--
``(1) evaluate the needs of law enforcement agencies and other
emergency response providers in rural areas;
``(2) develop expert training programs designed to address the
needs of law enforcement agencies and other emergency response
providers in rural areas as identified in the evaluation conducted
under paragraph (1), including training programs about
intelligence-led policing and protections for privacy, civil
rights, and civil liberties;
``(3) provide the training programs developed under paragraph
(2) to law enforcement agencies and other emergency response
providers in rural areas; and
``(4) conduct outreach efforts to ensure that local and tribal
governments in rural areas are aware of the training programs
developed under paragraph (2) so they can avail themselves of such
programs.
``(b) Curricula.--The training at the Rural Policing Institute
established under subsection (a) shall--
``(1) be configured in a manner so as not to duplicate or
displace any law enforcement or emergency response program of the
Federal Law Enforcement Training Center or a local or tribal
government entity in existence on the date of enactment of the
Implementing Recommendations of the 9/11 Commission Act of 2007;
and
``(2) to the maximum extent practicable, be delivered in a
cost-effective manner at facilities of the Department, on closed
military installations with adequate training facilities, or at
facilities operated by the participants.
``(c) Definition.--In this section, the term `rural' means an area
that is not located in a metropolitan statistical area, as defined by
the Office of Management and Budget.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section (including for contracts, staff,
and equipment)--
``(1) $10,000,000 for fiscal year 2008; and
``(2) $5,000,000 for each of fiscal years 2009 through 2013.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 210B the following:
``Sec. 210C. Rural Policing Institute.''.
Subtitle C--Interagency Threat Assessment and Coordination Group
SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
(a) Establishment.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the
end the following:
``SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
``(a) In General.--To improve the sharing of information within the
scope of the information sharing environment established under section
1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485) with State, local, tribal, and private sector officials,
the Director of National Intelligence, through the program manager for
the information sharing environment, in coordination with the
Secretary, shall coordinate and oversee the creation of an Interagency
Threat Assessment and Coordination Group (referred to in this section
as the `ITACG').
``(b) Composition of ITACG.--The ITACG shall consist of--
``(1) an ITACG Advisory Council to set policy and develop
processes for the integration, analysis, and dissemination of
federally-coordinated information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass destruction
information; and
``(2) an ITACG Detail comprised of State, local, and tribal
homeland security and law enforcement officers and intelligence
analysts detailed to work in the National Counterterrorism Center
with Federal intelligence analysts for the purpose of integrating,
analyzing, and assisting in the dissemination of federally-
coordinated information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, through
appropriate channels identified by the ITACG Advisory Council.
``(c) Responsibilities of Program Manager.--The program manager, in
consultation with the Information Sharing Council, shall--
``(1) monitor and assess the efficacy of the ITACG; and
``(2) not later than 180 days after the date of the enactment
of the Implementing Recommendations of the 9/11 Commission Act of
2007, and at least annually thereafter, submit to the Secretary,
the Attorney General, the Director of National Intelligence, the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a report on the progress of the ITACG.
``(d) Responsibilities of Secretary.--The Secretary, or the
Secretary's designee, in coordination with the Director of the National
Counterterrorism Center and the ITACG Advisory Council, shall--
``(1) create policies and standards for the creation of
information products derived from information within the scope of
the information sharing environment, including homeland security
information, terrorism information, and weapons of mass destruction
information, that are suitable for dissemination to State, local,
and tribal governments and the private sector;
``(2) evaluate and develop processes for the timely
dissemination of federally-coordinated information within the scope
of the information sharing environment, including homeland security
information, terrorism information, and weapons of mass destruction
information, to State, local, and tribal governments and the
private sector;
``(3) establish criteria and a methodology for indicating to
State, local, and tribal governments and the private sector the
reliability of information within the scope of the information
sharing environment, including homeland security information,
terrorism information, and weapons of mass destruction information,
disseminated to them;
``(4) educate the intelligence community about the requirements
of the State, local, and tribal homeland security, law enforcement,
and other emergency response providers regarding information within
the scope of the information sharing environment, including
homeland security information, terrorism information, and weapons
of mass destruction information;
``(5) establish and maintain the ITACG Detail, which shall
assign an appropriate number of State, local, and tribal homeland
security and law enforcement officers and intelligence analysts to
work in the National Counterterrorism Center who shall--
``(A) educate and advise National Counterterrorism Center
intelligence analysts about the requirements of the State,
local, and tribal homeland security and law enforcement
officers, and other emergency response providers regarding
information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information;
``(B) assist National Counterterrorism Center intelligence
analysts in integrating, analyzing, and otherwise preparing
versions of products derived from information within the scope
of the information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information that are unclassified or
classified at the lowest possible level and suitable for
dissemination to State, local, and tribal homeland security and
law enforcement agencies in order to help deter and prevent
terrorist attacks;
``(C) implement, in coordination with National
Counterterrorism Center intelligence analysts, the policies,
processes, procedures, standards, and guidelines developed by
the ITACG Advisory Council;
``(D) assist in the dissemination of products derived from
information within the scope of the information sharing
environment, including homeland security information, terrorism
information, and weapons of mass destruction information, to
State, local, and tribal jurisdictions only through appropriate
channels identified by the ITACG Advisory Council; and
``(E) report directly to the senior intelligence official
from the Department under paragraph (6);
``(6) detail a senior intelligence official from the Department
of Homeland Security to the National Counterterrorism Center, who
shall--
``(A) manage the day-to-day operations of the ITACG Detail;
``(B) report directly to the Director of the National
Counterterrorism Center or the Director's designee; and
``(C) in coordination with the Director of the Federal
Bureau of Investigation, and subject to the approval of the
Director of the National Counterterrorism Center, select a
deputy from the pool of available detailees from the Federal
Bureau of Investigation in the National Counterterrorism
Center; and
``(7) establish, within the ITACG Advisory Council, a mechanism
to select law enforcement officers and intelligence analysts for
placement in the National Counterterrorism Center consistent with
paragraph (5), using criteria developed by the ITACG Advisory
Council that shall encourage participation from a broadly
representative group of State, local, and tribal homeland security
and law enforcement agencies.
``(e) Membership.--The Secretary, or the Secretary's designee,
shall serve as the chair of the ITACG Advisory Council, which shall
include--
``(1) representatives of--
``(A) the Department;
``(B) the Federal Bureau of Investigation;
``(C) the National Counterterrorism Center;
``(D) the Department of Defense;
``(E) the Department of Energy;
``(F) the Department of State; and
``(G) other Federal entities as appropriate;
``(2) the program manager of the information sharing
environment, designated under section 1016(f) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)), or
the program manager's designee; and
``(3) executive level law enforcement and intelligence
officials from State, local, and tribal governments.
``(f) Criteria.--The Secretary, in consultation with the Director
of National Intelligence, the Attorney General, and the program manager
of the information sharing environment established under section 1016
of the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485), shall--
``(1) establish procedures for selecting members of the ITACG
Advisory Council and for the proper handling and safeguarding of
products derived from information within the scope of the
information sharing environment, including homeland security
information, terrorism information, and weapons of mass destruction
information, by those members; and
``(2) ensure that at least 50 percent of the members of the
ITACG Advisory Council are from State, local, and tribal
governments.
``(g) Operations.--
``(1) In general.--Beginning not later than 90 days after the
date of enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the ITACG Advisory Council shall meet
regularly, but not less than quarterly, at the facilities of the
National Counterterrorism Center of the Office of the Director of
National Intelligence.
``(2) Management.--Pursuant to section 119(f)(E) of the
National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the Director
of the National Counterterrorism Center, acting through the senior
intelligence official from the Department of Homeland Security
detailed pursuant to subsection (d)(6), shall ensure that--
``(A) the products derived from information within the
scope of the information sharing environment, including
homeland security information, terrorism information, and
weapons of mass destruction information, prepared by the
National Counterterrorism Center and the ITACG Detail for
distribution to State, local, and tribal homeland security and
law enforcement agencies reflect the requirements of such
agencies and are produced consistently with the policies,
processes, procedures, standards, and guidelines established by
the ITACG Advisory Council;
``(B) in consultation with the ITACG Advisory Council and
consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) of
the National Security Act of 1947 (50 U.S.C. 402 et seq.), all
products described in subparagraph (A) are disseminated through
existing channels of the Department and the Department of
Justice and other appropriate channels to State, local, and
tribal government officials and other entities;
``(C) all detailees under subsection (d)(5) have
appropriate access to all relevant information within the scope
of the information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information, available at the National
Counterterrorism Center in order to accomplish the objectives
under that paragraph;
``(D) all detailees under subsection (d)(5) have the
appropriate security clearances and are trained in the
procedures for handling, processing, storing, and disseminating
classified products derived from information within the scope
of the information sharing environment, including homeland
security information, terrorism information, and weapons of
mass destruction information; and
``(E) all detailees under subsection (d)(5) complete
appropriate privacy and civil liberties training.
``(h) Inapplicability of the Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
ITACG or any subsidiary groups thereof.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of fiscal years
2008 through 2012 to carry out this section, including to obtain
security clearances for the State, local, and tribal participants in
the ITACG.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
such Act is amended by inserting after the item relating to section
210C the following:
``Sec. 210D. Interagency Threat Assessment and Coordination Group.''.
(c) Privacy and Civil Liberties Impact Assessment.--Not later than
90 days after the date of the enactment of this Act, the Privacy
Officer and the Officer for Civil Rights and Civil Liberties of the
Department of Homeland Security and the Chief Privacy and Civil
Liberties Officer for the Department of Justice, in consultation with
the Civil Liberties Protection Officer of the Office of the Director of
National Intelligence, shall submit to the Secretary of Homeland
Security, the Director of the Federal Bureau of Investigation, the
Attorney General, the Director of the National Counterterrorism Center,
the Director of National Intelligence, the Privacy and Civil Liberties
Oversight Board, and the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Homeland Security
of the House of Representatives, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives, a privacy and civil liberties impact
assessment of the Interagency Threat Assessment and Coordination Group
under section 210D of the Homeland Security Act of 2002, as added by
subsection (a), including the use of State, local, and tribal detailees
at the National Counterterrorism Center, as described in subsection
(d)(5) of that section.
Subtitle D--Homeland Security Intelligence Offices Reorganization
SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF
INFRASTRUCTURE PROTECTION.
(a) In General.--Section 201 of the Homeland Security Act of 2002
(6 U.S.C. 201) is amended--
(1) in the section heading, by striking ``directorate for
information'' and inserting ``information and'';
(2) by striking subsections (a) through (c) and inserting the
following:
``(a) Intelligence and Analysis and Infrastructure Protection.--
There shall be in the Department an Office of Intelligence and Analysis
and an Office of Infrastructure Protection.
``(b) Under Secretary for Intelligence and Analysis and Assistant
Secretary for Infrastructure Protection.--
``(1) Office of intelligence and analysis.--The Office of
Intelligence and Analysis shall be headed by an Under Secretary for
Intelligence and Analysis, who shall be appointed by the President,
by and with the advice and consent of the Senate.
``(2) Chief intelligence officer.--The Under Secretary for
Intelligence and Analysis shall serve as the Chief Intelligence
Officer of the Department.
``(3) Office of infrastructure protection.--The Office of
Infrastructure Protection shall be headed by an Assistant Secretary
for Infrastructure Protection, who shall be appointed by the
President.
``(c) Discharge of Responsibilities.--The Secretary shall ensure
that the responsibilities of the Department relating to information
analysis and infrastructure protection, including those described in
subsection (d), are carried out through the Under Secretary for
Intelligence and Analysis or the Assistant Secretary for Infrastructure
Protection, as appropriate.'';
(3) in subsection (d)--
(A) in the subsection heading, by striking ``Under
Secretary'' and inserting ``Secretary Relating To Intelligence
and Analysis and Infrastructure Protection'';
(B) in the matter preceding paragraph (1), by striking
``Subject to the direction'' and all that follows through
``Infrastructure Protection'' and inserting the following:
``The responsibilities of the Secretary relating to
intelligence and analysis and infrastructure protection'';
(C) in paragraph (9), as redesignated under section
510(a)(2)(A)(ii), by striking ``Director of Central
Intelligence'' and inserting ``Director of National
Intelligence'';
(D) in paragraph (11)(B), as so redesignated, by striking
``Director of Central Intelligence'' and inserting ``Director
of National Intelligence'';
(E) by redesignating paragraph (18), as so redesignated, as
paragraph (24); and
(F) by inserting after paragraph (17), as so redesignated,
the following:
``(18) To coordinate and enhance integration among the
intelligence components of the Department, including through
strategic oversight of the intelligence activities of such
components.
``(19) To establish the intelligence collection, processing,
analysis, and dissemination priorities, policies, processes,
standards, guidelines, and procedures for the intelligence
components of the Department, consistent with any directions from
the President and, as applicable, the Director of National
Intelligence.
``(20) To establish a structure and process to support the
missions and goals of the intelligence components of the
Department.
``(21) To ensure that, whenever possible, the Department--
``(A) produces and disseminates unclassified reports and
analytic products based on open-source information; and
``(B) produces and disseminates such reports and analytic
products contemporaneously with reports or analytic products
concerning the same or similar information that the Department
produced and disseminated in a classified format.
``(22) To establish within the Office of Intelligence and
Analysis an internal continuity of operations plan.
``(23) Based on intelligence priorities set by the President,
and guidance from the Secretary and, as appropriate, the Director
of National Intelligence--
``(A) to provide to the heads of each intelligence
component of the Department guidance for developing the budget
pertaining to the activities of such component; and
``(B) to present to the Secretary a recommendation for a
consolidated budget for the intelligence components of the
Department, together with any comments from the heads of such
components.'';
(4) in subsection (e)(1)--
(A) by striking ``Directorate'' the first place that term
appears and inserting ``Office of Intelligence and Analysis and
the Office of Infrastructure Protection''; and
(B) by striking ``the Directorate in discharging'' and
inserting ``such offices in discharging'';
(5) in subsection (f)(1), by striking ``Directorate'' and
inserting ``Office of Intelligence and Analysis and the Office of
Infrastructure Protection''; and
(6) In subsection (g), in the matter preceding paragraph (1),
by striking ``Under Secretary for Information Analysis and
Infrastructure Protection'' and inserting ``Office of Intelligence
and Analysis and the Office of Infrastructure Protection''.
(b) Technical and Conforming Amendments.--
(1) In general.--Such Act is further amended--
(A) in section 223, by striking ``Under Secretary for
Information Analysis and Infrastructure Protection'' and
inserting ``Under Secretary for Intelligence and Analysis, in
cooperation with the Assistant Secretary for Infrastructure
Protection'';
(B) in section 224, by striking ``Under Secretary for
Information Analysis and Infrastructure Protection'' and
inserting ``Assistant Secretary for Infrastructure
Protection'';
(C) in section 302(3), by striking ``Under Secretary for
Information Analysis and Infrastructure Protection'' and
inserting ``Under Secretary for Intelligence and Analysis and
the Assistant Secretary for Infrastructure Protection''; and
(D) in section 521(d)--
(i) in paragraph (1), by striking ``Directorate for
Information Analysis and Infrastructure Protection'' and
inserting ``Office of Intelligence and Analysis''; and
(ii) in paragraph (2), by striking ``Under Secretary
for Information Analysis and Infrastructure Protection''
and inserting ``Under Secretary for Intelligence and
Analysis''.
(2) Additional under secretary.--Section 103(a) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)) is amended--
(A) by redesignating paragraphs (8) and (9) as paragraphs
(9) and (10), respectively; and
(B) by inserting after paragraph (7) the following:
``(8) An Under Secretary responsible for overseeing critical
infrastructure protection, cybersecurity, and other related
programs of the Department.''.
(3) Heading.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.) is amended in the subtitle
heading by striking ``Directorate for Information'' and inserting
``Information and''.
(4) Table of contents.--The Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended in the table of contents in section
1(b) by striking the items relating to subtitle A of title II and
section 201 and inserting the following:
``Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
``Sec. 201. Information and Analysis and Infrastructure Protection.''.
(5) National security act of 1947.--Section 106(b)(2)(I) of the
National Security Act of 1947 (50 U.S.C. 403-6) is amended to read
as follows:
``(I) The Under Secretary of Homeland Security for
Intelligence and Analysis.''.
(c) Treatment of Incumbent.--The individual administratively
performing the duties of the Under Secretary for Intelligence and
Analysis as of the date of the enactment of this Act may continue to
perform such duties after the date on which the President nominates an
individual to serve as the Under Secretary pursuant to section 201 of
the Homeland Security Act of 2002, as amended by this section, and
until the individual so appointed assumes the duties of the position.
Subtitle E--Authorization of Appropriations
SEC. 541. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for each of fiscal years
2008 through 2012 such sums as may be necessary to carry out this title
and the amendments made by this title.
TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(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. PUBLIC INTEREST DECLASSIFICATION BOARD.
The Public Interest Declassification Act of 2000 (50 U.S.C. 435
note) is amended--
(1) by striking ``Director of Central Intelligence'' each place
that term appears and inserting ``Director of National
Intelligence'';
(2) in section 704(e)--
(A) by striking ``If requested'' and inserting the
following:
``(1) In general.--If requested''; and
(B) by adding at the end the following:
``(2) Authority of board.--Upon receiving a congressional
request described in section 703(b)(5), the Board may conduct the
review and make the recommendations described in that section,
regardless of whether such a review is requested by the President.
``(3) Reporting.--Any recommendations submitted to the
President by the Board under section 703(b)(5), shall be submitted
to the chairman and ranking minority member of the committee of
Congress that made the request relating to such recommendations.'';
(3) in section 705(c), in the subsection heading, by striking
``Director of Central Intelligence'' and inserting ``Director of
National Intelligence''; and
(4) in section 710(b), by striking ``8 years after the date''
and all that follows and inserting ``on December 31, 2012.''.
SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11
COMMISSION RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE REFORM
AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.
(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon the
United States (referred to in this section as the ``9/11
Commission'') conducted a lengthy review of the facts and
circumstances relating to the terrorist attacks of September 11,
2001, including those relating to the intelligence community, law
enforcement agencies, and the role of congressional oversight and
resource allocation.
(2) In its final report, the 9/11 Commission found that--
(A) congressional oversight of the intelligence activities
of the United States is dysfunctional;
(B) under the rules of the Senate and the House of
Representatives in effect at the time the report was completed,
the committees of Congress charged with oversight of the
intelligence activities lacked the power, influence, and
sustained capability to meet the daunting challenges faced by
the intelligence community of the United States;
(C) as long as such oversight is governed by such rules of
the Senate and the House of Representatives, the people of the
United States will not get the security they want and need;
(D) a strong, stable, and capable congressional committee
structure is needed to give the intelligence community of the
United States appropriate oversight, support, and leadership;
and
(E) the reforms recommended by the 9/11 Commission in its
final report will not succeed if congressional oversight of the
intelligence community in the United States is not changed.
(3) The 9/11 Commission recommended structural changes to
Congress to improve the oversight of intelligence activities.
(4) Congress has enacted some of the recommendations made by
the 9/11 Commission and is considering implementing additional
recommendations of the 9/11 Commission.
(5) The Senate adopted Senate Resolution 445 in the 108th
Congress to address some of the intelligence oversight
recommendations of the 9/11 Commission by abolishing term limits
for the members of the Select Committee on Intelligence, clarifying
jurisdiction for intelligence-related nominations, and streamlining
procedures for the referral of intelligence-related legislation,
but other aspects of the 9/11 Commission recommendations regarding
intelligence oversight have not been implemented.
(b) Sense of the Senate.--It is the sense of the Senate that the
Committee on Homeland Security and Governmental Affairs and the Select
Committee on Intelligence of the Senate each, or jointly, should--
(1) undertake a review of the recommendations made in the final
report of the 9/11 Commission with respect to intelligence reform
and congressional intelligence oversight reform;
(2) review and consider any other suggestions, options, or
recommendations for improving intelligence oversight; and
(3) not later than December 21, 2007, submit to the Senate a
report that includes the recommendations of the committees, if any,
for carrying out such reforms.
SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST
DECLASSIFICATION BOARD.
Section 21067 of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289; 120 Stat. 1311), as amended by
Public Law 109-369 (120 Stat. 2642), Public Law 109-383 (120 Stat.
2678), and Public Law 110-5, is amended by adding at the end the
following new subsection:
``(c) From the amount provided by this section, the National
Archives and Records Administration may obligate monies necessary to
carry out the activities of the Public Interest Declassification
Board.''.
SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON
CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
(a) Public Availability.--Not later than 30 days after the date of
the enactment of this Act, the Director of the Central Intelligence
Agency shall prepare and make available to the public a version of the
Executive Summary of the report entitled the ``Office of Inspector
General Report on Central Intelligence Agency Accountability Regarding
Findings and Conclusions of the Joint Inquiry into Intelligence
Community Activities Before and After the Terrorist Attacks of
September 11, 2001'' issued in June 2005 that is declassified to the
maximum extent possible, consistent with national security.
(b) Report to Congress.--The Director of the Central Intelligence
Agency shall submit to Congress a classified annex to the redacted
Executive Summary made available under subsection (a) that explains the
reason that any redacted material in the Executive Summary was withheld
from the public.
TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
Subtitle A--Terrorist Travel
SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER
SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE
TERRORIST INFORMATION.
(a) Report Required.--Not later than 270 days after the date of the
enactment of this Act, the Secretary of State and the Secretary of
Homeland Security, in conjunction with the Director of National
Intelligence and the heads of other appropriate Federal departments and
agencies, shall submit to the appropriate congressional committees a
report on efforts of the Government of the United States to collaborate
with international partners and allies of the United States to increase
border security, enhance global document security, and exchange
terrorism information.
(b) Contents.--The report required by subsection (a) shall
outline--
(1) all presidential directives, programs, and strategies for
carrying out and increasing United States Government efforts
described in subsection (a);
(2) the goals and objectives of each of these efforts;
(3) the progress made in each of these efforts; and
(4) the projected timelines for each of these efforts to become
fully functional and effective.
(c) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) the Committee on Foreign Affairs, the Committee on Homeland
Security, the Committee on the Judiciary, and the Permanent Select
Committee on Intelligence of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, the Committee on the
Judiciary, and the Select Committee on Intelligence of the Senate.
Subtitle B--Visa Waiver
SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.
(a) Short Title.--This section may be cited as the ``Secure Travel
and Counterterrorism Partnership Act of 2007''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should modernize and strengthen the
security of the visa waiver program under section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187) by simultaneously--
(A) enhancing program security requirements; and
(B) extending visa-free travel privileges to nationals of
foreign countries that are partners in the war on terrorism--
(i) that are actively cooperating with the United
States to prevent terrorist travel, including sharing
counterterrorism and law enforcement information; and
(ii) whose nationals have demonstrated their compliance
with the provisions of the Immigration and Nationality Act
regarding the purpose and duration of their admission to
the United States; and
(2) the modernization described in paragraph (1) will--
(A) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
(B) support and expand tourism and business opportunities
to enhance long-term economic competitiveness; and
(C) strengthen bilateral relationships.
(c) Discretionary Visa Waiver Program Expansion.--Section 217(c) of
the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by
adding at the end the following new paragraphs:
``(8) Nonimmigrant visa refusal rate flexibility.--
``(A) Certification.--
``(i) In general.--On the date on which an air exit
system is in place that can verify the departure of not
less than 97 percent of foreign nationals who exit through
airports of the United States and the electronic travel
authorization system required under subsection (h)(3) is
fully operational, the Secretary of Homeland Security shall
certify to Congress that such air exit system and
electronic travel authorization system are in place.
``(ii) Notification to congress.--The Secretary shall
notify Congress in writing of the date on which the air
exit system under clause (i) fully satisfies the biometric
requirements specified in subsection (i).
``(iii) Temporary suspension of waiver authority.--
Notwithstanding any certification made under clause (i), if
the Secretary has not notified Congress in accordance with
clause (ii) by June 30, 2009, the Secretary's waiver
authority under subparagraph (B) shall be suspended
beginning on July 1, 2009, until such time as the Secretary
makes such notification.
``(iv) Rule of construction.--Nothing in this paragraph
shall be construed as in any way abrogating the reporting
requirements under subsection (i)(3).
``(B) Waiver.--After certification by the Secretary under
subparagraph (A), the Secretary, in consultation with the
Secretary of State, may waive the application of paragraph
(2)(A) for a country if--
``(i) the country meets all security requirements of
this section;
``(ii) the Secretary of Homeland Security determines
that the totality of the country's security risk mitigation
measures provide assurance that the country's participation
in the program would not compromise the law enforcement,
security interests, or enforcement of the immigration laws
of the United States;
``(iii) there has been a sustained reduction in the
rate of refusals for nonimmigrant visas for nationals of
the country and conditions exist to continue such
reduction;
``(iv) the country cooperated with the Government of
the United States on counterterrorism initiatives,
information sharing, and preventing terrorist travel before
the date of its designation as a program country, and the
Secretary of Homeland Security and the Secretary of State
determine that such cooperation will continue; and
``(v)(I) the rate of refusals for nonimmigrant visitor
visas for nationals of the country during the previous full
fiscal year was not more than ten percent; or
``(II) the visa overstay rate for the country for the
previous full fiscal year does not exceed the maximum visa
overstay rate, once such rate is established under
subparagraph (C).
``(C) Maximum visa overstay rate.--
``(i) Requirement to establish.--After certification by
the Secretary under subparagraph (A), the Secretary and the
Secretary of State jointly shall use information from the
air exit system referred to in such subparagraph to
establish a maximum visa overstay rate for countries
participating in the program pursuant to a waiver under
subparagraph (B). The Secretary of Homeland Security shall
certify to Congress that such rate would not compromise the
law enforcement, security interests, or enforcement of the
immigration laws of the United States.
``(ii) Visa overstay rate defined.--In this paragraph
the term `visa overstay rate' means, with respect to a
country, the ratio of--
``(I) the total number of nationals of that country
who were admitted to the United States on the basis of
a nonimmigrant visa whose periods of authorized stays
ended during a fiscal year but who remained unlawfully
in the United States beyond such periods; to
``(II) the total number of nationals of that
country who were admitted to the United States on the
basis of a nonimmigrant visa during that fiscal year.
``(iii) Report and publication.--The Secretary of
Homeland Security shall on the same date submit to Congress
and publish in the Federal Register information relating to
the maximum visa overstay rate established under clause
(i). Not later than 60 days after such date, the Secretary
shall issue a final maximum visa overstay rate above which
a country may not participate in the program.
``(9) Discretionary security-related considerations.--In
determining whether to waive the application of paragraph (2)(A)
for a country, pursuant to paragraph (8), the Secretary of Homeland
Security, in consultation with the Secretary of State, shall take
into consideration other factors affecting the security of the
United States, including--
``(A) airport security standards in the country;
``(B) whether the country assists in the operation of an
effective air marshal program;
``(C) the standards of passports and travel documents
issued by the country; and
``(D) other security-related factors, including the
country's cooperation with the United States' initiatives
toward combating terrorism and the country's cooperation with
the United States intelligence community in sharing information
regarding terrorist threats.''.
(d) Security Enhancements to the Visa Waiver Program.--
(1) In general.--Section 217 of the Immigration and Nationality
Act (8 U.S.C. 1187) is amended--
(A) in subsection (a), in the flush text following
paragraph (9)--
(i) by striking ``Operators of aircraft'' and inserting
the following:
``(10) Electronic transmission of identification information.--
Operators of aircraft''; and
(ii) by adding at the end the following new paragraph:
``(11) Eligibility determination under the electronic travel
authorization system.--Beginning on the date on which the
electronic travel authorization system developed under subsection
(h)(3) is fully operational, each alien traveling under the program
shall, before applying for admission to the United States,
electronically provide to the system biographical information and
such other information as the Secretary of Homeland Security shall
determine necessary to determine the eligibility of, and whether
there exists a law enforcement or security risk in permitting, the
alien to travel to the United States. Upon review of such
biographical information, the Secretary of Homeland Security shall
determine whether the alien is eligible to travel to the United
States under the program.'';
(B) in subsection (c)--
(i) in paragraph (2)--
(I) by amending subparagraph (D) to read as
follows:
``(D) Reporting lost and stolen passports.--The government
of the country enters into an agreement with the United States
to report, or make available through Interpol or other means as
designated by the Secretary of Homeland Security, to the United
States Government information about the theft or loss of
passports within a strict time limit and in a manner specified
in the agreement.''; and
(II) by adding at the end the following new
subparagraphs:
``(E) Repatriation of aliens.--The government of the
country accepts for repatriation any citizen, former citizen,
or national of the country against whom a final executable
order of removal is issued not later than three weeks after the
issuance of the final order of removal. Nothing in this
subparagraph creates any duty for the United States or any
right for any alien with respect to removal or release. Nothing
in this subparagraph gives rise to any cause of action or claim
under this paragraph or any other law against any official of
the United States or of any State to compel the release,
removal, or consideration for release or removal of any alien.
``(F) Passenger information exchange.--The government of
the country enters into an agreement with the United States to
share information regarding whether citizens and nationals of
that country traveling to the United States represent a threat
to the security or welfare of the United States or its
citizens.'';
(ii) in paragraph (5)--
(I) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland
Security''; and
(II) in subparagraph (A)(i)--
(aa) in subclause (II), by striking ``and'' at
the end;
(bb) in subclause (III)--
(AA) by striking ``and the Committee on
International Relations'' and inserting ``, the
Committee on Foreign Affairs, and the Committee
on Homeland Security,'' and by striking ``and
the Committee on Foreign Relations'' and
inserting ``, the Committee on Foreign
Relations, and the Committee on Homeland
Security and Governmental Affairs''; and
(BB) by striking the period at the end and
inserting ``; and''; and
(cc) by adding at the end the following new
subclause:
``(IV) shall submit to Congress a report regarding
the implementation of the electronic travel
authorization system under subsection (h)(3) and the
participation of new countries in the program through a
waiver under paragraph (8).''; and
(III) in subparagraph (B), by adding at the end the
following new clause:
``(iv) Program suspension authority.--The Director of
National Intelligence shall immediately inform the
Secretary of Homeland Security of any current and credible
threat which poses an imminent danger to the United States
or its citizens and originates from a country participating
in the visa waiver program. Upon receiving such
notification, the Secretary, in consultation with the
Secretary of State--
``(I) may suspend a country from the visa waiver
program without prior notice;
``(II) shall notify any country suspended under
subclause (I) and, to the extent practicable without
disclosing sensitive intelligence sources and methods,
provide justification for the suspension; and
``(III) shall restore the suspended country's
participation in the visa waiver program upon a
determination that the threat no longer poses an
imminent danger to the United States or its
citizens.''; and
(iii) by adding at the end the following new
paragraphs:
``(10) Technical assistance.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
provide technical assistance to program countries to assist those
countries in meeting the requirements under this section. The
Secretary of Homeland Security shall ensure that the program office
within the Department of Homeland Security is adequately staffed
and has resources to be able to provide such technical assistance,
in addition to its duties to effectively monitor compliance of the
countries participating in the program with all the requirements of
the program.
``(11) Independent review.--
``(A) In general.--Prior to the admission of a new country
into the program under this section, and in conjunction with
the periodic evaluations required under subsection (c)(5)(A),
the Director of National Intelligence shall conduct an
independent intelligence assessment of a nominated country and
member of the program.
``(B) Reporting requirement.--The Director shall provide to
the Secretary of Homeland Security, the Secretary of State, and
the Attorney General the independent intelligence assessment
required under subparagraph (A).
``(C) Contents.--The independent intelligence assessment
conducted by the Director shall include--
``(i) a review of all current, credible terrorist
threats of the subject country;
``(ii) an evaluation of the subject country's
counterterrorism efforts;
``(iii) an evaluation as to the extent of the country's
sharing of information beneficial to suppressing terrorist
movements, financing, or actions;
``(iv) an assessment of the risks associated with
including the subject country in the program; and
``(v) recommendations to mitigate the risks identified
in clause (iv).'';
(C) in subsection (d)--
(i) by striking ``Attorney General'' and inserting
``Secretary of Homeland Security''; and
(ii) by adding at the end the following new sentence:
``The Secretary of Homeland Security may not waive any
eligibility requirement under this section unless the
Secretary notifies, with respect to the House of
Representatives, the Committee on Homeland Security, the
Committee on the Judiciary, the Committee on Foreign
Affairs, and the Committee on Appropriations, and with
respect to the Senate, the Committee on Homeland Security
and Governmental Affairs, the Committee on the Judiciary,
the Committee on Foreign Relations, and the Committee on
Appropriations not later than 30 days before the effective
date of such waiver.'';
(D) in subsection (f)(5)--
(i) by striking ``Attorney General'' each place it
appears and inserting ``Secretary of Homeland Security'';
and
(ii) by striking ``of blank'' and inserting ``or loss
of'';
(E) in subsection (h), by adding at the end the following
new paragraph:
``(3) Electronic travel authorization system.--
``(A) System.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall develop and
implement a fully automated electronic travel authorization
system (referred to in this paragraph as the `System') to
collect such biographical and other information as the
Secretary of Homeland Security determines necessary to
determine, in advance of travel, the eligibility of, and
whether there exists a law enforcement or security risk in
permitting, the alien to travel to the United States.
``(B) Fees.--The Secretary of Homeland Security may charge
a fee for the use of the System, which shall be--
``(i) set at a level that will ensure recovery of the
full costs of providing and administering the System; and
``(ii) available to pay the costs incurred to
administer the System.
``(C) Validity.--
``(i) Period.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall prescribe
regulations that provide for a period, not to exceed three
years, during which a determination of eligibility to
travel under the program will be valid. Notwithstanding any
other provision under this section, the Secretary of
Homeland Security may revoke any such determination at any
time and for any reason.
``(ii) Limitation.--A determination by the Secretary of
Homeland Security that an alien is eligible to travel to
the United States under the program is not a determination
that the alien is admissible to the United States.
``(iii) Not a determination of visa eligibility.--A
determination by the Secretary of Homeland Security that an
alien who applied for authorization to travel to the United
States through the System is not eligible to travel under
the program is not a determination of eligibility for a
visa to travel to the United States and shall not preclude
the alien from applying for a visa.
``(iv) Judicial review.--Notwithstanding any other
provision of law, no court shall have jurisdiction to
review an eligibility determination under the System.
``(D) Report.--Not later than 60 days before publishing
notice regarding the implementation of the System in the
Federal Register, the Secretary of Homeland Security shall
submit a report regarding the implementation of the system to--
``(i) the Committee on Homeland Security of the House
of Representatives;
``(ii) the Committee on the Judiciary of the House of
Representatives;
``(iii) the Committee on Foreign Affairs of the House
of Representatives;
``(iv) the Permanent Select Committee on Intelligence
of the House of Representatives;
``(v) the Committee on Appropriations of the House of
Representatives;
``(vi) the Committee on Homeland Security and
Governmental Affairs of the Senate;
``(vii) the Committee on the Judiciary of the Senate;
``(viii) the Committee on Foreign Relations of the
Senate;
``(ix) the Select Committee on Intelligence of the
Senate; and
``(x) the Committee on Appropriations of the Senate.'';
and
(F) by adding at the end the following new subsection:
``(i) Exit System.--
``(1) In general.--Not later than one year after the date of
the enactment of this subsection, the Secretary of Homeland
Security shall establish an exit system that records the departure
on a flight leaving the United States of every alien participating
in the visa waiver program established under this section.
``(2) System requirements.--The system established under
paragraph (1) shall--
``(A) match biometric information of the alien against
relevant watch lists and immigration information; and
``(B) compare such biometric information against manifest
information collected by air carriers on passengers departing
the United States to confirm such aliens have departed the
United States.
``(3) Report.--Not later than 180 days after the date of the
enactment of this subsection, the Secretary shall submit to
Congress a report that describes--
``(A) the progress made in developing and deploying the
exit system established under this subsection; and
``(B) the procedures by which the Secretary shall improve
the method of calculating the rates of nonimmigrants who
overstay their authorized period of stay in the United
States.''.
(2) Effective date.--Section 217(a)(11) of the Immigration and
Nationality Act, as added by paragraph (1)(A)(ii), shall take
effect on the date that is 60 days after the date on which the
Secretary of Homeland Security publishes notice in the Federal
Register of the requirement under such paragraph.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security such sums as may be
necessary to carry out this section and the amendments made by this
section.
Subtitle C--Strengthening Terrorism Prevention Programs
SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND
TRAFFICKING CENTER.
(a) In General.--Section 7202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended--
(1) in subsection (c)(1), by striking ``address'' and inserting
``integrate and disseminate intelligence and information related
to'';
(2) by redesignating subsections (d) and (e) as subsections (g)
and (h), respectively; and
(3) by inserting after subsection (c) the following new
subsections:
``(d) Director.--The Secretary of Homeland Security shall nominate
an official of the Government of the United States to serve as the
Director of the Center, in accordance with the requirements of the
memorandum of understanding entitled the `Human Smuggling and
Trafficking Center (HSTC) Charter'.
``(e) Staffing of the Center.--
``(1) In general.--The Secretary of Homeland Security, in
cooperation with heads of other relevant agencies and departments,
shall ensure that the Center is staffed with not fewer than 40
full-time equivalent positions, including, as appropriate,
detailees from the following:
``(A) Agencies and offices within the Department of
Homeland Security, including the following:
``(i) The Office of Intelligence and Analysis.
``(ii) The Transportation Security Administration.
``(iii) United States Citizenship and Immigration
Services.
``(iv) United States Customs and Border Protection.
``(v) The United States Coast Guard.
``(vi) United States Immigration and Customs
Enforcement.
``(B) Other departments, agencies, or entities, including
the following:
``(i) The Central Intelligence Agency.
``(ii) The Department of Defense.
``(iii) The Department of the Treasury.
``(iv) The National Counterterrorism Center.
``(v) The National Security Agency.
``(vi) The Department of Justice.
``(vii) The Department of State.
``(viii) Any other relevant agency or department.
``(2) Expertise of detailees.--The Secretary of Homeland
Security, in cooperation with the head of each agency, department,
or other entity referred to in paragraph (1), shall ensure that the
detailees provided to the Center under such paragraph include an
adequate number of personnel who are--
``(A) intelligence analysts or special agents with
demonstrated experience related to human smuggling, trafficking
in persons, or terrorist travel; and
``(B) personnel with experience in the areas of--
``(i) consular affairs;
``(ii) counterterrorism;
``(iii) criminal law enforcement;
``(iv) intelligence analysis;
``(v) prevention and detection of document fraud;
``(vi) border inspection;
``(vii) immigration enforcement; or
``(viii) human trafficking and combating severe forms
of trafficking in persons.
``(3) Enhanced personnel management.--
``(A) Incentives for service in certain positions.--
``(i) In general.--The Secretary of Homeland Security,
and the heads of other relevant agencies, shall prescribe
regulations or promulgate personnel policies to provide
incentives for service on the staff of the Center,
particularly for serving terms of at least two years
duration.
``(ii) Forms of incentives.--Incentives under clause
(i) may include financial incentives, bonuses, and such
other awards and incentives as the Secretary and the heads
of other relevant agencies, consider appropriate.
``(B) Enhanced promotion for service at the center.--
Notwithstanding any other provision of law, the Secretary of
Homeland Security, and the heads of other relevant agencies,
shall ensure that personnel who are assigned or detailed to
service at the Center shall be considered for promotion at
rates equivalent to or better than similarly situated personnel
of such agencies who are not so assigned or detailed, except
that this subparagraph shall not apply in the case of personnel
who are subject to the provisions of the Foreign Service Act of
1980.
``(f) Administrative Support and Funding.--The Secretary of
Homeland Security shall provide to the Center the administrative
support and funding required for its maintenance, including funding for
personnel, leasing of office space, supplies, equipment, technology,
training, and travel expenses necessary for the Center to carry out its
functions.''.
(b) Report.--Subsection (g) of section 7202 of the Intelligence
Reform and Terrorism Prevention Act of 2004, as redesignated by
subsection (a)(2), is amended to read as follows:
``(g) Report.--
``(1) Initial report.--Not later than 180 days after December
17, 2004, the President shall transmit to Congress a report
regarding the implementation of this section, including a
description of the staffing and resource needs of the Center.
``(2) Follow-up report.--Not later than 180 days after the date
of the enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the President shall transmit to Congress a
report regarding the operation of the Center and the activities
carried out by the Center, including a description of--
``(A) the roles and responsibilities of each agency or
department that is participating in the Center;
``(B) the mechanisms used to share information among each
such agency or department;
``(C) the personnel provided to the Center by each such
agency or department;
``(D) the type of information and reports being
disseminated by the Center;
``(E) any efforts by the Center to create a centralized
Federal Government database to store information related to
unlawful travel of foreign nationals, including a description
of any such database and of the manner in which information
utilized in such a database would be collected, stored, and
shared;
``(F) how each agency and department shall utilize its
resources to ensure that the Center uses intelligence to focus
and drive its efforts;
``(G) efforts to consolidate networked systems for the
Center;
``(H) the mechanisms for the sharing of homeland security
information from the Center to the Office of Intelligence and
Analysis, including how such sharing shall be consistent with
section 1016(b);
``(I) the ability of participating personnel in the Center
to freely access necessary databases and share information
regarding issues related to human smuggling, trafficking in
persons, and terrorist travel;
``(J) how the assignment of personnel to the Center is
incorporated into the civil service career path of such
personnel; and
``(K) cooperation and coordination efforts, including any
memorandums of understanding, among participating agencies and
departments regarding issues related to human smuggling,
trafficking in persons, and terrorist travel.''.
(c) Coordination With the Office of Intelligence and Analysis.--
Section 7202 of the Intelligence Reform and Terrorism Prevention Act of
2004 is amended by adding after subsection (h), as redesignated by
subsection (a)(2), the following new subsection:
``(i) Coordination With the Office of Intelligence and Analysis.--
The Office of Intelligence and Analysis, in coordination with the
Center, shall submit to relevant State, local, and tribal law
enforcement agencies periodic reports regarding terrorist threats
related to human smuggling, human trafficking, and terrorist travel.''.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security $20,000,000 for
fiscal year 2008 to carry out section 7202 of the Intelligence Reform
and Terrorism Prevention Act of 2004, as amended by this section.
SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.
Section 7215 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 123) is amended to read as follows:
``SEC. 7215. TERRORIST TRAVEL PROGRAM.
``(a) Requirement to Establish.--Not later than 90 days after the
date of the enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary of Homeland Security, in
consultation with the Director of the National Counterterrorism Center
and consistent with the strategy developed under section 7201, shall
establish a program to oversee the implementation of the Secretary's
responsibilities with respect to terrorist travel.
``(b) Head of the Program.--The Secretary of Homeland Security
shall designate an official of the Department of Homeland Security to
be responsible for carrying out the program. Such official shall be--
``(1) the Assistant Secretary for Policy of the Department of
Homeland Security; or
``(2) an official appointed by the Secretary who reports
directly to the Secretary.
``(c) Duties.--The official designated under subsection (b) shall
assist the Secretary of Homeland Security in improving the Department's
ability to prevent terrorists from entering the United States or
remaining in the United States undetected by--
``(1) developing relevant strategies and policies;
``(2) reviewing the effectiveness of existing programs and
recommending improvements, if necessary;
``(3) making recommendations on budget requests and on the
allocation of funding and personnel;
``(4) ensuring effective coordination, with respect to
policies, programs, planning, operations, and dissemination of
intelligence and information related to terrorist travel--
``(A) among appropriate subdivisions of the Department of
Homeland Security, as determined by the Secretary and
including--
``(i) United States Customs and Border Protection;
``(ii) United States Immigration and Customs
Enforcement;
``(iii) United States Citizenship and Immigration
Services;
``(iv) the Transportation Security Administration; and
``(v) the United States Coast Guard; and
``(B) between the Department of Homeland Security and other
appropriate Federal agencies; and
``(5) serving as the Secretary's primary point of contact with
the National Counterterrorism Center for implementing initiatives
related to terrorist travel and ensuring that the recommendations
of the Center related to terrorist travel are carried out by the
Department.
``(d) Report.--Not later than 180 days after the date of the
enactment of the Implementing Recommendations of the 9/11 Commission
Act of 2007, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
a report on the implementation of this section.''.
SEC. 723. ENHANCED DRIVER'S LICENSE.
Section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
(1) in subparagraph (B)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new clause:
``(viii) the signing of a memorandum of agreement to
initiate a pilot program with not less than one State to
determine if an enhanced driver's license, which is
machine-readable and tamper proof, not valid for
certification of citizenship for any purpose other than
admission into the United States from Canada or Mexico, and
issued by such State to an individual, may permit the
individual to use the driver's license to meet the
documentation requirements under subparagraph (A) for entry
into the United States from Canada or Mexico at land and
sea ports of entry.''; and
(2) by adding at the end the following new subparagraph:
``(C) Report.--Not later than 180 days after the initiation
of the pilot program described in subparagraph (B)(viii), the
Secretary of Homeland Security and the Secretary of State shall
submit to the appropriate congressional committees a report
which includes--
``(i) an analysis of the impact of the pilot program on
national security;
``(ii) recommendations on how to expand the pilot
program to other States;
``(iii) any appropriate statutory changes to facilitate
the expansion of the pilot program to additional States and
to citizens of Canada;
``(iv) a plan to screen individuals participating in
the pilot program against United States terrorist watch
lists; and
``(v) a recommendation for the type of machine-readable
technology that should be used in enhanced driver's
licenses, based on individual privacy considerations and
the costs and feasibility of incorporating any new
technology into existing driver's licenses.''.
SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.
Before the Secretary of Homeland Security publishes a final rule in
the Federal Register implementing section 7209 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8
U.S.C. 1185 note)--
(1) the Secretary of Homeland Security shall complete a cost-
benefit analysis of the Western Hemisphere Travel Initiative,
authorized under such section 7209; and
(2) the Secretary of State shall develop proposals for reducing
the execution fee charged for the passport card, proposed at 71
Fed. Reg. 60928-32 (October 17, 2006), including the use of mobile
application teams, during implementation of the land and sea phase
of the Western Hemisphere Travel Initiative, in order to encourage
United States citizens to apply for the passport card.
SEC. 725. MODEL PORTS-OF-ENTRY.
(a) In General.--The Secretary of Homeland Security shall--
(1) establish a model ports-of-entry program for the purpose of
providing a more efficient and welcoming international arrival
process in order to facilitate and promote business and tourist
travel to the United States, while also improving security; and
(2) implement the program initially at the 20 United States
international airports that have the highest number of foreign
visitors arriving annually as of the date of the enactment of this
Act.
(b) Program Elements.--The program shall include--
(1) enhanced queue management in the Federal Inspection
Services area leading up to primary inspection;
(2) assistance for foreign travelers once they have been
admitted to the United States, in consultation, as appropriate,
with relevant governmental and nongovernmental entities; and
(3) instructional videos, in English and such other languages
as the Secretary determines appropriate, in the Federal Inspection
Services area that explain the United States inspection process and
feature national, regional, or local welcome videos.
(c) Additional Customs and Border Protection Officers for High-
Volume Ports.--Subject to the availability of appropriations, not later
than the end of fiscal year 2008 the Secretary of Homeland Security
shall employ not fewer than an additional 200 Customs and Border
Protection officers over the number of such positions for which funds
were appropriated for the proceeding fiscal year to address staff
shortages at the 20 United States international airports that have the
highest number of foreign visitors arriving annually as of the date of
the enactment of this Act.
Subtitle D--Miscellaneous Provisions
SEC. 731. REPORT REGARDING BORDER SECURITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security shall submit
to Congress a report regarding ongoing initiatives of the Department of
Homeland Security to improve security along the northern border of the
United States.
(b) Contents.--The report submitted under subsection (a) shall--
(1) address the vulnerabilities along the northern border of
the United States; and
(2) provide recommendations to address such vulnerabilities,
including required resources needed to protect the northern border
of the United States.
(c) Government Accountability Office.--Not later than 270 days
after the date of the submission of the report under subsection (a),
the Comptroller General of the United States shall submit to Congress a
report that--
(1) reviews and comments on the report under subsection (a);
and
(2) provides recommendations regarding any additional actions
necessary to protect the northern border of the United States.
TITLE VIII--PRIVACY AND CIVIL LIBERTIES
SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
(a) Modification of Authorities.--Section 1061 of the National
Security Intelligence Reform Act of 2004 (5 U.S.C. 601 note) is amended
to read as follows:
``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
``(a) In General.--There is established as an independent agency
within the executive branch a Privacy and Civil Liberties Oversight
Board (referred to in this section as the `Board').
``(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
``(1) In conducting the war on terrorism, the Government may
need additional powers and may need to enhance the use of its
existing powers.
``(2) This shift of power and authority to the Government calls
for an enhanced system of checks and balances to protect the
precious liberties that are vital to our way of life and to ensure
that the Government uses its powers for the purposes for which the
powers were given.
``(3) The National Commission on Terrorist Attacks Upon the
United States correctly concluded that `The choice between security
and liberty is a false choice, as nothing is more likely to
endanger America's liberties than the success of a terrorist attack
at home. Our history has shown us that insecurity threatens
liberty. Yet, if our liberties are curtailed, we lose the values
that we are struggling to defend.'.
``(c) Purpose.--The Board shall--
``(1) analyze and review actions the executive branch takes to
protect the Nation from terrorism, ensuring that the need for such
actions is balanced with the need to protect privacy and civil
liberties; and
``(2) ensure that liberty concerns are appropriately considered
in the development and implementation of laws, regulations, and
policies related to efforts to protect the Nation against
terrorism.
``(d) Functions.--
``(1) Advice and counsel on policy development and
implementation.--The Board shall--
``(A) review proposed legislation, regulations, and
policies related to efforts to protect the Nation from
terrorism, including the development and adoption of
information sharing guidelines under subsections (d) and (f) of
section 1016;
``(B) review the implementation of new and existing
legislation, regulations, and policies related to efforts to
protect the Nation from terrorism, including the implementation
of information sharing guidelines under subsections (d) and (f)
of section 1016;
``(C) advise the President and the departments, agencies,
and elements of the executive branch to ensure that privacy and
civil liberties are appropriately considered in the development
and implementation of such legislation, regulations, policies,
and guidelines; and
``(D) in providing advice on proposals to retain or enhance
a particular governmental power, consider whether the
department, agency, or element of the executive branch has
established--
``(i) that the need for the power is balanced with the
need to protect privacy and civil liberties;
``(ii) that there is adequate supervision of the use by
the executive branch of the power to ensure protection of
privacy and civil liberties; and
``(iii) that there are adequate guidelines and
oversight to properly confine its use.
``(2) Oversight.--The Board shall continually review--
``(A) the regulations, policies, and procedures, and the
implementation of the regulations, policies, and procedures, of
the departments, agencies, and elements of the executive branch
relating to efforts to protect the Nation from terrorism to
ensure that privacy and civil liberties are protected;
``(B) the information sharing practices of the departments,
agencies, and elements of the executive branch relating to
efforts to protect the Nation from terrorism to determine
whether they appropriately protect privacy and civil liberties
and adhere to the information sharing guidelines issued or
developed under subsections (d) and (f) of section 1016 and to
other governing laws, regulations, and policies regarding
privacy and civil liberties; and
``(C) other actions by the executive branch relating to
efforts to protect the Nation from terrorism to determine
whether such actions--
``(i) appropriately protect privacy and civil
liberties; and
``(ii) are consistent with governing laws, regulations,
and policies regarding privacy and civil liberties.
``(3) Relationship with privacy and civil liberties officers.--
The Board shall--
``(A) receive and review reports and other information from
privacy officers and civil liberties officers under section
1062;
``(B) when appropriate, make recommendations to such
privacy officers and civil liberties officers regarding their
activities; and
``(C) when appropriate, coordinate the activities of such
privacy officers and civil liberties officers on relevant
interagency matters.
``(4) Testimony.--The members of the Board shall appear and
testify before Congress upon request.
``(e) Reports.--
``(1) In general.--The Board shall--
``(A) receive and review reports from privacy officers and
civil liberties officers under section 1062; and
``(B) periodically submit, not less than semiannually,
reports--
``(i)(I) to the appropriate committees of Congress,
including the Committee on the Judiciary of the Senate, the
Committee on the Judiciary of the House of Representatives,
the Committee on Homeland Security and Governmental Affairs
of the Senate, the Committee on Homeland Security of the
House of Representatives, the Committee on Oversight and
Government Reform of the House of Representatives, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives; and
``(II) to the President; and
``(ii) which shall be in unclassified form to the
greatest extent possible, with a classified annex where
necessary.
``(2) Contents.--Not less than 2 reports submitted each year
under paragraph (1)(B) shall include--
``(A) a description of the major activities of the Board
during the preceding period;
``(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (d);
``(C) the minority views on any findings, conclusions, and
recommendations of the Board resulting from its advice and
oversight functions under subsection (d);
``(D) each proposal reviewed by the Board under subsection
(d)(1) that--
``(i) the Board advised against implementation; and
``(ii) notwithstanding such advice, actions were taken
to implement; and
``(E) for the preceding period, any requests submitted
under subsection (g)(1)(D) for the issuance of subpoenas that
were modified or denied by the Attorney General.
``(f) Informing the Public.--The Board shall--
``(1) make its reports, including its reports to Congress,
available to the public to the greatest extent that is consistent
with the protection of classified information and applicable law;
and
``(2) hold public hearings and otherwise inform the public of
its activities, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
``(g) Access to Information.--
``(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this section, the
Board is authorized to--
``(A) have access from any department, agency, or element
of the executive branch, or any Federal officer or employee of
any such department, agency, or element, to all relevant
records, reports, audits, reviews, documents, papers,
recommendations, or other relevant material, including
classified information consistent with applicable law;
``(B) interview, take statements from, or take public
testimony from personnel of any department, agency, or element
of the executive branch, or any Federal officer or employee of
any such department, agency, or element;
``(C) request information or assistance from any State,
tribal, or local government; and
``(D) at the direction of a majority of the members of the
Board, submit a written request to the Attorney General of the
United States that the Attorney General require, by subpoena,
persons (other than departments, agencies, and elements of the
executive branch) to produce any relevant information,
documents, reports, answers, records, accounts, papers, and
other documentary or testimonial evidence.
``(2) Review of subpoena request.--
``(A) In general.--Not later than 30 days after the date of
receipt of a request by the Board under paragraph (1)(D), the
Attorney General shall--
``(i) issue the subpoena as requested; or
``(ii) provide the Board, in writing, with an
explanation of the grounds on which the subpoena request
has been modified or denied.
``(B) Notification.--If a subpoena request is modified or
denied under subparagraph (A)(ii), the Attorney General shall,
not later than 30 days after the date of that modification or
denial, notify the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of Representatives.
``(3) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued pursuant to paragraph (1)(D), the
United States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue an
order requiring such person to produce the evidence required by
such subpoena.
``(4) Agency cooperation.--Whenever information or assistance
requested under subparagraph (A) or (B) of paragraph (1) is, in the
judgment of the Board, unreasonably refused or not provided, the
Board shall report the circumstances to the head of the department,
agency, or element concerned without delay. The head of the
department, agency, or element concerned shall ensure that the
Board is given access to the information, assistance, material, or
personnel the Board determines to be necessary to carry out its
functions.
``(h) Membership.--
``(1) Members.--The Board shall be composed of a full-time
chairman and 4 additional members, who shall be appointed by the
President, by and with the advice and consent of the Senate.
``(2) Qualifications.--Members of the Board shall be selected
solely on the basis of their professional qualifications,
achievements, public stature, expertise in civil liberties and
privacy, and relevant experience, and without regard to political
affiliation, but in no event shall more than 3 members of the Board
be members of the same political party. The President shall, before
appointing an individual who is not a member of the same political
party as the President, consult with the leadership of that party,
if any, in the Senate and House of Representatives.
``(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected official,
officer, or employee of the Federal Government, other than in the
capacity as a member of the Board.
``(4) Term.--Each member of the Board shall serve a term of 6
years, except that--
``(A) a member appointed to a term of office after the
commencement of such term may serve under such appointment only
for the remainder of such term; and
``(B) upon the expiration of the term of office of a
member, the member shall continue to serve until the member's
successor has been appointed and qualified, except that no
member may serve under this subparagraph--
``(i) for more than 60 days when Congress is in session
unless a nomination to fill the vacancy shall have been
submitted to the Senate; or
``(ii) after the adjournment sine die of the session of
the Senate in which such nomination is submitted.
``(5) Quorum and meetings.--The Board shall meet upon the call
of the chairman or a majority of its members. Three members of the
Board shall constitute a quorum.
``(i) Compensation and Travel Expenses.--
``(1) Compensation.--
``(A) Chairman.--The chairman of the Board shall be
compensated at the rate of pay payable for a position at level
III of the Executive Schedule under section 5314 of title 5,
United States Code.
``(B) Members.--Each member of the Board shall be
compensated at a rate of pay payable for a position at level IV
of the Executive Schedule under section 5315 of title 5, United
States Code, for each day during which that member is engaged
in the actual performance of the duties of the Board.
``(2) Travel expenses.--Members of the Board shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for persons employed intermittently by the
Government under section 5703(b) of title 5, United States Code,
while away from their homes or regular places of business in the
performance of services for the Board.
``(j) Staff.--
``(1) Appointment and compensation.--The chairman of the Board,
in accordance with rules agreed upon by the Board, shall appoint
and fix the compensation of a full-time executive director and such
other personnel as may be necessary to enable the Board to carry
out its functions, without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no rate
of pay fixed under this subsection may exceed the equivalent of
that payable for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
``(2) Detailees.--Any Federal employee may be detailed to the
Board without reimbursement from the Board, and such detailee shall
retain the rights, status, and privileges of the detailee's regular
employment without interruption.
``(3) Consultant services.--The Board may procure the temporary
or intermittent services of experts and consultants in accordance
with section 3109 of title 5, United States Code, at rates that do
not exceed the daily rate paid a person occupying a position at
level IV of the Executive Schedule under section 5315 of such
title.
``(k) Security Clearances.--
``(1) In general.--The appropriate departments, agencies, and
elements of the executive branch shall cooperate with the Board to
expeditiously provide the Board members and staff with appropriate
security clearances to the extent possible under existing
procedures and requirements.
``(2) Rules and procedures.--After consultation with the
Secretary of Defense, the Attorney General, and the Director of
National Intelligence, the Board shall adopt rules and procedures
of the Board for physical, communications, computer, document,
personnel, and other security relating to carrying out the
functions of the Board.
``(l) Treatment as Agency, Not as Advisory Committee.--The Board--
``(1) is an agency (as defined in section 551(1) of title 5,
United States Code); and
``(2) is not an advisory committee (as defined in section 3(2)
of the Federal Advisory Committee Act (5 U.S.C. App.)).
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section amounts as follows:
``(1) For fiscal year 2008, $5,000,000.
``(2) For fiscal year 2009, $6,650,000.
``(3) For fiscal year 2010, $8,300,000.
``(4) For fiscal year 2011, $10,000,000.
``(5) For fiscal year 2012 and each subsequent fiscal year,
such sums as may be necessary.''.
(b) Security Rules and Procedures.--The Privacy and Civil Liberties
Oversight Board shall promptly adopt the security rules and procedures
required under section 1061(k)(2) of the National Security Intelligence
Reform Act of 2004 (as added by subsection (a) of this section).
(c) Transition Provisions.--
(1) Treatment of incumbent members of the privacy and civil
liberties oversight board.--
(A) Continuation of service.--Any individual who is a
member of the Privacy and Civil Liberties Oversight Board on
the date of enactment of this Act may continue to serve on the
Board until 180 days after the date of enactment of this Act.
(B) Termination of terms.--The term of any individual who
is a member of the Privacy and Civil Liberties Oversight Board
on the date of enactment of this Act shall terminate 180 days
after the date of enactment of this Act.
(2) Appointments.--
(A) In general.--The President and the Senate shall take
such actions as necessary for the President, by and with the
advice and consent of the Senate, to appoint members to the
Privacy and Civil Liberties Oversight Board as constituted
under the amendments made by subsection (a) in a timely manner
to provide for the continuing operation of the Board and
orderly implementation of this section.
(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. DEPARTMENT PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) by inserting ``(a) Appointment and Responsibilities.--''
before ``The Secretary''; and
(2) by adding at the end the following:
``(b) Authority To Investigate.--
``(1) In general.--The senior official appointed under
subsection (a) may--
``(A) have access to all records, reports, audits, reviews,
documents, papers, recommendations, and other materials
available to the Department that relate to programs and
operations with respect to the responsibilities of the senior
official under this section;
``(B) make such investigations and reports relating to the
administration of the programs and operations of the Department
as are, in the senior official's judgment, necessary or
desirable;
``(C) subject to the approval of the Secretary, require by
subpoena the production, by any person other than a Federal
agency, of all information, documents, reports, answers,
records, accounts, papers, and other data and documentary
evidence necessary to performance of the responsibilities of
the senior official under this section; and
``(D) administer to or take from any person an oath,
affirmation, or affidavit, whenever necessary to performance of
the responsibilities of the senior official under this section.
``(2) Enforcement of subpoenas.--Any subpoena issued under
paragraph (1)(C) shall, in the case of contumacy or refusal to
obey, be enforceable by order of any appropriate United States
district court.
``(3) Effect of oaths.--Any oath, affirmation, or affidavit
administered or taken under paragraph (1)(D) by or before an
employee of the Privacy Office designated for that purpose by the
senior official appointed under subsection (a) shall have the same
force and effect as if administered or taken by or before an
officer having a seal of office.
``(c) Supervision and Coordination.--
``(1) In general.--The senior official appointed under
subsection (a) shall--
``(A) report to, and be under the general supervision of,
the Secretary; and
``(B) coordinate activities with the Inspector General of
the Department in order to avoid duplication of effort.
``(2) Coordination with the inspector general.--
``(A) In general.--Except as provided in subparagraph (B),
the senior official appointed under subsection (a) may
investigate any matter relating to possible violations or abuse
concerning the administration of any program or operation of
the Department relevant to the purposes under this section.
``(B) Coordination.--
``(i) Referral.--Before initiating any investigation
described under subparagraph (A), the senior official shall
refer the matter and all related complaints, allegations,
and information to the Inspector General of the Department.
``(ii) Determinations and notifications by the
inspector general.--
``(I) In general.--Not later than 30 days after the
receipt of a matter referred under clause (i), the
Inspector General shall--
``(aa) make a determination regarding whether
the Inspector General intends to initiate an audit
or investigation of the matter referred under
clause (i); and
``(bb) notify the senior official of that
determination.
``(II) Investigation not initiated.--If the
Inspector General notifies the senior official under
subclause (I)(bb) that the Inspector General intended
to initiate an audit or investigation, but does not
initiate that audit or investigation within 90 days
after providing that notification, the Inspector
General shall further notify the senior official that
an audit or investigation was not initiated. The
further notification under this subclause shall be made
not later than 3 days after the end of that 90-day
period.
``(iii) Investigation by senior official.--The senior
official may investigate a matter referred under clause (i)
if--
``(I) the Inspector General notifies the senior
official under clause (ii)(I)(bb) that the Inspector
General does not intend to initiate an audit or
investigation relating to that matter; or
``(II) the Inspector General provides a further
notification under clause (ii)(II) relating to that
matter.
``(iv) Privacy training.--Any employee of the Office of
Inspector General who audits or investigates any matter
referred under clause (i) shall be required to receive
adequate training on privacy laws, rules, and regulations,
to be provided by an entity approved by the Inspector
General in consultation with the senior official appointed
under subsection (a).
``(d) Notification to Congress on Removal.--If the Secretary
removes the senior official appointed under subsection (a) or transfers
that senior official to another position or location within the
Department, the Secretary shall--
``(1) promptly submit a written notification of the removal or
transfer to Houses of Congress; and
``(2) include in any such notification the reasons for the
removal or transfer.
``(e) Reports by Senior Official to Congress.--The senior official
appointed under subsection (a) shall--
``(1) submit reports directly to the Congress regarding
performance of the responsibilities of the senior official under
this section, without any prior comment or amendment by the
Secretary, Deputy Secretary, or any other officer or employee of
the Department or the Office of Management and Budget; and
``(2) inform the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives not later than--
``(A) 30 days after the Secretary disapproves the senior
official's request for a subpoena under subsection (b)(1)(C) or
the Secretary substantively modifies the requested subpoena; or
``(B) 45 days after the senior official's request for a
subpoena under subsection (b)(1)(C), if that subpoena has not
either been approved or disapproved by the Secretary.''.
SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) In General.--Section 1062 of the National Security Intelligence
Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3688) is
amended to read as follows:
``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
``(a) Designation and Functions.--The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of
Homeland Security, the Director of National Intelligence, the Director
of the Central Intelligence Agency, and the head of any other
department, agency, or element of the executive branch designated by
the Privacy and Civil Liberties Oversight Board under section 1061 to
be appropriate for coverage under this section shall designate not less
than 1 senior officer to serve as the principal advisor to--
``(1) assist the head of such department, agency, or element
and other officials of such department, agency, or element in
appropriately considering privacy and civil liberties concerns when
such officials are proposing, developing, or implementing laws,
regulations, policies, procedures, or guidelines related to efforts
to protect the Nation against terrorism;
``(2) periodically investigate and review department, agency,
or element actions, policies, procedures, guidelines, and related
laws and their implementation to ensure that such department,
agency, or element is adequately considering privacy and civil
liberties in its actions;
``(3) ensure that such department, agency, or element has
adequate procedures to receive, investigate, respond to, and
redress complaints from individuals who allege such department,
agency, or element has violated their privacy or civil liberties;
and
``(4) in providing advice on proposals to retain or enhance a
particular governmental power the officer shall consider whether
such department, agency, or element has established--
``(A) that the need for the power is balanced with the need
to protect privacy and civil liberties;
``(B) that there is adequate supervision of the use by such
department, agency, or element of the power to ensure
protection of privacy and civil liberties; and
``(C) that there are adequate guidelines and oversight to
properly confine its use.
``(b) Exception to Designation Authority.--
``(1) Privacy officers.--In any department, agency, or element
referred to in subsection (a) or designated by the Privacy and
Civil Liberties Oversight Board, which has a statutorily created
privacy officer, such officer shall perform the functions specified
in subsection (a) with respect to privacy.
``(2) Civil liberties officers.--In any department, agency, or
element referred to in subsection (a) or designated by the Board,
which has a statutorily created civil liberties officer, such
officer shall perform the functions specified in subsection (a)
with respect to civil liberties.
``(c) Supervision and Coordination.--Each privacy officer or civil
liberties officer described in subsection (a) or (b) shall--
``(1) report directly to the head of the department, agency, or
element concerned; and
``(2) coordinate their activities with the Inspector General of
such department, agency, or element to avoid duplication of effort.
``(d) Agency Cooperation.--The head of each department, agency, or
element shall ensure that each privacy officer and civil liberties
officer--
``(1) has the information, material, and resources necessary to
fulfill the functions of such officer;
``(2) is advised of proposed policy changes;
``(3) is consulted by decision makers; and
``(4) is given access to material and personnel the officer
determines to be necessary to carry out the functions of such
officer.
``(e) Reprisal for Making Complaint.--No action constituting a
reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
``(f) Periodic Reports.--
``(1) In general.--The privacy officers and civil liberties
officers of each department, agency, or element referred to or
described in subsection (a) or (b) shall periodically, but not less
than quarterly, submit a report on the activities of such
officers--
``(A)(i) to the appropriate committees of Congress,
including the Committee on the Judiciary of the Senate, the
Committee on the Judiciary of the House of Representatives, the
Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Oversight and Government Reform of the
House of Representatives, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives;
``(ii) to the head of such department, agency, or element;
and
``(iii) to the Privacy and Civil Liberties Oversight Board;
and
``(B) which shall be in unclassified form to the greatest
extent possible, with a classified annex where necessary.
``(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the functions
of the officer concerned, including--
``(A) information on the number and types of reviews
undertaken;
``(B) the type of advice provided and the response given to
such advice;
``(C) the number and nature of the complaints received by
the department, agency, or element concerned for alleged
violations; and
``(D) a summary of the disposition of such complaints, the
reviews and inquiries conducted, and the impact of the
activities of such officer.
``(g) Informing the Public.--Each privacy officer and civil
liberties officer shall--
``(1) make the reports of such officer, including reports to
Congress, available to the public to the greatest extent that is
consistent with the protection of classified information and
applicable law; and
``(2) otherwise inform the public of the activities of such
officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
``(h) Savings Clause.--Nothing in this section shall be construed
to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.''.
(b) Clerical Amendment.--The table of contents for the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is
amended by striking the item relating to section 1062 and inserting the
following new item:
``Sec. 1062. Privacy and civil liberties officers.''.
SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.
(a) Short Title.--This section may be cited as the ``Federal Agency
Data Mining Reporting Act of 2007''.
(b) Definitions.--In this section:
(1) Data mining.--The term ``data mining'' means a program
involving pattern-based queries, searches, or other analyses of 1
or more electronic databases, where--
(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).
TITLE IX--PRIVATE SECTOR PREPAREDNESS
SEC. 901. PRIVATE SECTOR PREPAREDNESS.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.), as amended by section 409, is further amended by
adding at the end the following:
``SEC. 523. GUIDANCE AND RECOMMENDATIONS.
``(a) In General.--Consistent with their responsibilities and
authorities under law, as of the day before the date of the enactment
of this section, the Administrator and the Assistant Secretary for
Infrastructure Protection, in consultation with the private sector, may
develop guidance or recommendations and identify best practices to
assist or foster action by the private sector in--
``(1) identifying potential hazards and assessing risks and
impacts;
``(2) mitigating the impact of a wide variety of hazards,
including weapons of mass destruction;
``(3) managing necessary emergency preparedness and response
resources;
``(4) developing mutual aid agreements;
``(5) developing and maintaining emergency preparedness and
response plans, and associated operational procedures;
``(6) developing and conducting training and exercises to
support and evaluate emergency preparedness and response plans and
operational procedures;
``(7) developing and conducting training programs for security
guards to implement emergency preparedness and response plans and
operations procedures; and
``(8) developing procedures to respond to requests for
information from the media or the public.
``(b) Issuance and Promotion.--Any guidance or recommendations
developed or best practices identified under subsection (a) shall be--
``(1) issued through the Administrator; and
``(2) promoted by the Secretary to the private sector.
``(c) Small Business Concerns.--In developing guidance or
recommendations or identifying best practices under subsection (a), the
Administrator and the Assistant Secretary for Infrastructure Protection
shall take into consideration small business concerns (under the
meaning given that term in section 3 of the Small Business Act (15
U.S.C. 632)), including any need for separate guidance or
recommendations or best practices, as necessary and appropriate.
``(d) Rule of Construction.--Nothing in this section may be
construed to supersede any requirement established under any other
provision of law.
``SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND
CERTIFICATION PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the officer
designated under paragraph (2), shall establish and implement the
voluntary private sector preparedness accreditation and
certification program in accordance with this section.
``(2) Designation of officer.--The Secretary shall designate an
officer responsible for the accreditation and certification program
under this section. Such officer (hereinafter referred to in this
section as the `designated officer') shall be one of the following:
``(A) The Administrator, based on consideration of--
``(i) the expertise of the Administrator in emergency
management and preparedness in the United States; and
``(ii) the responsibilities of the Administrator as the
principal advisor to the President for all matters relating
to emergency management in the United States.
``(B) The Assistant Secretary for Infrastructure
Protection, based on consideration of the expertise of the
Assistant Secretary in, and responsibilities for--
``(i) protection of critical infrastructure;
``(ii) risk assessment methodologies; and
``(iii) interacting with the private sector on the
issues described in clauses (i) and (ii).
``(C) The Under Secretary for Science and Technology, based
on consideration of the expertise of the Under Secretary in,
and responsibilities associated with, standards.
``(3) Coordination.--In carrying out the accreditation and
certification program under this section, the designated officer
shall coordinate with--
``(A) the other officers of the Department referred to in
paragraph (2), using the expertise and responsibilities of such
officers; and
``(B) the Special Assistant to the Secretary for the
Private Sector, based on consideration of the expertise of the
Special Assistant in, and responsibilities for, interacting
with the private sector.
``(b) Voluntary Private Sector Preparedness Standards; Voluntary
Accreditation and Certification Program for the Private Sector.--
``(1) Accreditation and certification program.--Not later than
210 days after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the designated
officer shall--
``(A) begin supporting the development and updating, as
necessary, of voluntary preparedness standards through
appropriate organizations that coordinate or facilitate the
development and use of voluntary consensus standards and
voluntary consensus standards development organizations; and
``(B) in consultation with representatives of appropriate
organizations that coordinate or facilitate the development and
use of voluntary consensus standards, appropriate voluntary
consensus standards development organizations, each private
sector advisory council created under section 102(f)(4),
appropriate representatives of State and local governments,
including emergency management officials, and appropriate
private sector advisory groups, such as sector coordinating
councils and information sharing and analysis centers--
``(i) develop and promote a program to certify the
preparedness of private sector entities that voluntarily
choose to seek certification under the program; and
``(ii) implement the program under this subsection
through any entity with which the designated officer enters
into an agreement under paragraph (3)(A), which shall
accredit third parties to carry out the certification
process under this section.
``(2) Program elements.--
``(A) In general.--
``(i) Program.--The program developed and implemented
under this subsection shall assess whether a private sector
entity complies with voluntary preparedness standards.
``(ii) Guidelines.--In developing the program under
this subsection, the designated officer shall develop
guidelines for the accreditation and certification
processes established under this subsection.
``(B) Standards.--The designated officer, in consultation
with representatives of appropriate organizations that
coordinate or facilitate the development and use of voluntary
consensus standards, representatives of appropriate voluntary
consensus standards development organizations, each private
sector advisory council created under section 102(f)(4),
appropriate representatives of State and local governments,
including emergency management officials, and appropriate
private sector advisory groups such as sector coordinating
councils and information sharing and analysis centers--
``(i) shall adopt one or more appropriate voluntary
preparedness standards that promote preparedness, which may
be tailored to address the unique nature of various sectors
within the private sector, as necessary and appropriate,
that shall be used in the accreditation and certification
program under this subsection; and
``(ii) after the adoption of one or more standards
under clause (i), may adopt additional voluntary
preparedness standards or modify or discontinue the use of
voluntary preparedness standards for the accreditation and
certification program, as necessary and appropriate to
promote preparedness.
``(C) Submission of recommendations.--In adopting one or
more standards under subparagraph (B), the designated officer
may receive recommendations from any entity described in that
subparagraph relating to appropriate voluntary preparedness
standards, including appropriate sector specific standards, for
adoption in the program.
``(D) Small business concerns.--The designated officer and
any entity with which the designated officer enters into an
agreement under paragraph (3)(A) shall establish separate
classifications and methods of certification for small business
concerns (under the meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632)) for the program under this
subsection.
``(E) Considerations.--In developing and implementing the
program under this subsection, the designated officer shall--
``(i) consider the unique nature of various sectors
within the private sector, including preparedness
standards, business continuity standards, or best
practices, established--
``(I) under any other provision of Federal law; or
``(II) by any sector-specific agency, as defined
under Homeland Security Presidential Directive-7; and
``(ii) coordinate the program, as appropriate, with--
``(I) other Department private sector related
programs; and
``(II) preparedness and business continuity
programs in other Federal agencies.
``(3) Accreditation and certification processes.--
``(A) Agreement.--
``(i) In general.--Not later than 210 days after the
date of enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, the designated officer
shall enter into one or more agreements with a highly
qualified nongovernmental entity with experience or
expertise in coordinating and facilitating the development
and use of voluntary consensus standards and in managing or
implementing accreditation and certification programs for
voluntary consensus standards, or a similarly qualified
private sector entity, to carry out accreditations and
oversee the certification process under this subsection. An
entity entering into an agreement with the designated
officer under this clause (hereinafter referred to in this
section as a `selected entity') shall not perform
certifications under this subsection.
``(ii) Contents.--A selected entity shall manage the
accreditation process and oversee the certification process
in accordance with the program established under this
subsection and accredit qualified third parties to carry
out the certification program established under this
subsection.
``(B) Procedures and requirements for accreditation and
certification.--
``(i) In general.--Any selected entity shall
collaborate to develop procedures and requirements for the
accreditation and certification processes under this
subsection, in accordance with the program established
under this subsection and guidelines developed under
paragraph (2)(A)(ii).
``(ii) Contents and use.--The procedures and
requirements developed under clause (i) shall--
``(I) ensure reasonable uniformity in any
accreditation and certification processes if there is
more than one selected entity; and
``(II) be used by any selected entity in conducting
accreditations and overseeing the certification process
under this subsection.
``(iii) Disagreement.--Any disagreement among selected
entities in developing procedures under clause (i) shall be
resolved by the designated officer.
``(C) Designation.--A selected entity may accredit any
qualified third party to carry out the certification process
under this subsection.
``(D) Disadvantaged business involvement.--In accrediting
qualified third parties to carry out the certification process
under this subsection, a selected entity shall ensure, to the
extent practicable, that the third parties include qualified
small, minority, women-owned, or disadvantaged business
concerns when appropriate. The term `disadvantaged business
concern' means a small business that is owned and controlled by
socially and economically disadvantaged individuals, as defined
in section 124 of title 13, United States Code of Federal
Regulations.
``(E) Treatment of other certifications.--At the request of
any entity seeking certification, any selected entity may
consider, as appropriate, other relevant certifications
acquired by the entity seeking certification. If the selected
entity determines that such other certifications are sufficient
to meet the certification requirement or aspects of the
certification requirement under this section, the selected
entity may give credit to the entity seeking certification, as
appropriate, to avoid unnecessarily duplicative certification
requirements.
``(F) Third parties.--To be accredited under subparagraph
(C), a third party shall--
``(i) demonstrate that the third party has the ability
to certify private sector entities in accordance with the
procedures and requirements developed under subparagraph
(B);
``(ii) agree to perform certifications in accordance
with such procedures and requirements;
``(iii) agree not to have any beneficial interest in or
any direct or indirect control over--
``(I) a private sector entity for which that third
party conducts a certification under this subsection;
or
``(II) any organization that provides preparedness
consulting services to private sector entities;
``(iv) agree not to have any other conflict of interest
with respect to any private sector entity for which that
third party conducts a certification under this subsection;
``(v) maintain liability insurance coverage at policy
limits in accordance with the requirements developed under
subparagraph (B); and
``(vi) enter into an agreement with the selected entity
accrediting that third party to protect any proprietary
information of a private sector entity obtained under this
subsection.
``(G) Monitoring.--
``(i) In general.--The designated officer and any
selected entity shall regularly monitor and inspect the
operations of any third party conducting certifications
under this subsection to ensure that the third party is
complying with the procedures and requirements established
under subparagraph (B) and all other applicable
requirements.
``(ii) Revocation.--If the designated officer or any
selected entity determines that a third party is not
meeting the procedures or requirements established under
subparagraph (B), the selected entity shall--
``(I) revoke the accreditation of that third party
to conduct certifications under this subsection; and
``(II) review any certification conducted by that
third party, as necessary and appropriate.
``(4) Annual review.--
``(A) In general.--The designated officer, in consultation
with representatives of appropriate organizations that
coordinate or facilitate the development and use of voluntary
consensus standards, appropriate voluntary consensus standards
development organizations, appropriate representatives of State
and local governments, including emergency management
officials, and each private sector advisory council created
under section 102(f)(4), shall annually review the voluntary
accreditation and certification program established under this
subsection to ensure the effectiveness of such program
(including the operations and management of such program by any
selected entity and the selected entity's inclusion of
qualified disadvantaged business concerns under paragraph
(3)(D)) and make improvements and adjustments to the program as
necessary and appropriate.
``(B) Review of standards.--Each review under subparagraph
(A) shall include an assessment of the voluntary preparedness
standard or standards used in the program under this
subsection.
``(5) Voluntary participation.--Certification under this
subsection shall be voluntary for any private sector entity.
``(6) Public listing.--The designated officer shall maintain
and make public a listing of any private sector entity certified as
being in compliance with the program established under this
subsection, if that private sector entity consents to such listing.
``(c) Rule of Construction.--Nothing in this section may be
construed as--
``(1) a requirement to replace any preparedness, emergency
response, or business continuity standards, requirements, or best
practices established--
``(A) under any other provision of federal law; or
``(B) by any sector-specific agency, as those agencies are
defined under Homeland Security Presidential Directive-7; or
``(2) exempting any private sector entity seeking certification
or meeting certification requirements under subsection (b) from
compliance with all applicable statutes, regulations, directives,
policies, and industry codes of practice.''.
(b) Report to Congress.--Not later than 210 days after the date of
enactment of this Act, the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives a report detailing--
(1) any action taken to implement section 524(b) of the
Homeland Security Act of 2002, as added by subsection (a),
including a discussion of--
(A) the separate methods of classification and
certification for small business concerns (under the meaning
given that term in section 3 of the Small Business Act (15
U.S.C. 632)) as compared to other private sector entities; and
(B) whether the separate classifications and methods of
certification for small business concerns are likely to help to
ensure that such measures are not overly burdensome and are
adequate to meet the voluntary preparedness standard or
standards adopted by the program under section 524(b) of the
Homeland Security Act of 2002, as added by subsection (a); and
(2) the status, as of the date of that report, of the
implementation of that subsection.
(c) Deadline for Designation of Officer.--The Secretary of Homeland
Security shall designate the officer as described in section 524 of the
Homeland Security Act of 2002, as added by subsection (a), by not later
than 30 days after the date of the enactment of this Act.
(d) Definition.--Section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101) is amended by adding at the end the following:
``(18) The term `voluntary preparedness standards' means a
common set of criteria for preparedness, disaster management,
emergency management, and business continuity programs, such as the
American National Standards Institute's National Fire Protection
Association Standard on Disaster/Emergency Management and Business
Continuity Programs (ANSI/NFPA 1600).''.
(e) Clerical Amendments.--The table of contents in section 1(b) of
such Act is further amended by adding at the end the following:
``Sec. 523. Guidance and recommendations.
``Sec. 524. Voluntary private sector preparedness accreditation and
certification program.''.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
and the amendments made by this section.
SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE
DEPARTMENT.
(a) In General.--Section 102(f) of the Homeland Security Act of
2002 (6 U.S.C. 112(f)) is amended--
(1) by redesignating paragraphs (8) through (10) as paragraphs
(9) through (11), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) providing information to the private sector regarding
voluntary preparedness standards and the business justification for
preparedness and promoting to the private sector the adoption of
voluntary preparedness standards;''.
(b) Private Sector Advisory Councils.--Section 102(f)(4) of the
Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by inserting ``and'' after the
semicolon at the end; and
(3) by adding at the end the following:
``(C) advise the Secretary on private sector preparedness
issues, including effective methods for--
``(i) promoting voluntary preparedness standards to the
private sector; and
``(ii) assisting the private sector in adopting
voluntary preparedness standards;''.
TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY
SEC. 1001. NATIONAL ASSET DATABASE.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002, as amended by title V, is further amended by adding at the
end the following new section:
``SEC. 210E. NATIONAL ASSET DATABASE.
``(a) Establishment.--
``(1) National asset database.--The Secretary shall establish
and maintain a national database of each system or asset that--
``(A) the Secretary, in consultation with appropriate
homeland security officials of the States, determines to be
vital and the loss, interruption, incapacity, or destruction of
which would have a negative or debilitating effect on the
economic security, public health, or safety of the United
States, any State, or any local government; or
``(B) the Secretary determines is appropriate for inclusion
in the database.
``(2) Prioritized critical infrastructure list.--In accordance
with Homeland Security Presidential Directive-7, as in effect on
January 1, 2007, the Secretary shall establish and maintain a
single classified prioritized list of systems and assets included
in the database under paragraph (1) that the Secretary determines
would, if destroyed or disrupted, cause national or regional
catastrophic effects.
``(b) Use of Database.--The Secretary shall use the database
established under subsection (a)(1) in the development and
implementation of Department plans and programs as appropriate.
``(c) Maintenance of Database.--
``(1) In general.--The Secretary shall maintain and annually
update the database established under subsection (a)(1) and the
list established under subsection (a)(2), including--
``(A) establishing data collection guidelines and providing
such guidelines to the appropriate homeland security official
of each State;
``(B) regularly reviewing the guidelines established under
subparagraph (A), including by consulting with the appropriate
homeland security officials of States, to solicit feedback
about the guidelines, as appropriate;
``(C) after providing the homeland security official of a
State with the guidelines under subparagraph (A), allowing the
official a reasonable amount of time to submit to the Secretary
any data submissions recommended by the official for inclusion
in the database established under subsection (a)(1);
``(D) examining the contents and identifying any
submissions made by such an official that are described
incorrectly or that do not meet the guidelines established
under subparagraph (A); and
``(E) providing to the appropriate homeland security
official of each relevant State a list of submissions
identified under subparagraph (D) for review and possible
correction before the Secretary finalizes the decision of which
submissions will be included in the database established under
subsection (a)(1).
``(2) Organization of information in database.--The Secretary
shall organize the contents of the database established under
subsection (a)(1) and the list established under subsection (a)(2)
as the Secretary determines is appropriate. Any organizational
structure of such contents shall include the categorization of the
contents--
``(A) according to the sectors listed in National
Infrastructure Protection Plan developed pursuant to Homeland
Security Presidential Directive-7; and
``(B) by the State and county of their location.
``(3) Private sector integration.--The Secretary shall identify
and evaluate methods, including the Department's Protected Critical
Infrastructure Information Program, to acquire relevant private
sector information for the purpose of using that information to
generate any database or list, including the database established
under subsection (a)(1) and the list established under subsection
(a)(2).
``(4) Retention of classification.--The classification of
information required to be provided to Congress, the Department, or
any other department or agency under this section by a sector-
specific agency, including the assignment of a level of
classification of such information, shall be binding on Congress,
the Department, and that other Federal agency.
``(d) Reports.--
``(1) Report required.--Not later than 180 days after the date
of the enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, and annually thereafter, the Secretary
shall submit to the Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on Homeland Security of the
House of Representatives a report on the database established under
subsection (a)(1) and the list established under subsection (a)(2).
``(2) Contents of report.--Each such report shall include the
following:
``(A) The name, location, and sector classification of each
of the systems and assets on the list established under
subsection (a)(2).
``(B) The name, location, and sector classification of each
of the systems and assets on such list that are determined by
the Secretary to be most at risk to terrorism.
``(C) Any significant challenges in compiling the list of
the systems and assets included on such list or in the database
established under subsection (a)(1).
``(D) Any significant changes from the preceding report in
the systems and assets included on such list or in such
database.
``(E) If appropriate, the extent to which such database and
such list have been used, individually or jointly, for
allocating funds by the Federal Government to prevent, reduce,
mitigate, or respond to acts of terrorism.
``(F) The amount of coordination between the Department and
the private sector, through any entity of the Department that
meets with representatives of private sector industries for
purposes of such coordination, for the purpose of ensuring the
accuracy of such database and such list.
``(G) Any other information the Secretary deems relevant.
``(3) Classified information.--The report shall be submitted in
unclassified form but may contain a classified annex.
``(e) Inspector General Study.--By not later than two years after
the date of enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Inspector General of the Department shall
conduct a study of the implementation of this section.
``(f) National Infrastructure Protection Consortium.--The Secretary
may establish a consortium to be known as the `National Infrastructure
Protection Consortium'. The Consortium may advise the Secretary on the
best way to identify, generate, organize, and maintain any database or
list of systems and assets established by the Secretary, including the
database established under subsection (a)(1) and the list established
under subsection (a)(2). If the Secretary establishes the National
Infrastructure Protection Consortium, the Consortium may--
``(1) be composed of national laboratories, Federal agencies,
State and local homeland security organizations, academic
institutions, or national Centers of Excellence that have
demonstrated experience working with and identifying critical
infrastructure and key resources; and
``(2) provide input to the Secretary on any request pertaining
to the contents of such database or such list.''.
(b) Deadlines for Implementation and Notification of Congress.--Not
later than 180 days after the date of the enactment of this Act, the
Secretary of Homeland Security shall submit the first report required
under section 210E(d) of the Homeland Security Act of 2002, as added by
subsection (a).
(c) Clerical Amendment.--The table of contents in section 1(b) of
such Act is further amended by inserting after the item relating to
section 210D the following:
``Sec. 210E. National Asset Database.''.
SEC. 1002. RISK ASSESSMENTS AND REPORT.
(a) Risk Assessments.--Section 201(d) of the Homeland Security Act
of 2002 (6 U.S.C. 121(d)) is further amended by adding at the end the
following new paragraph:
``(25) To prepare and submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security in the House of Representatives, and to other
appropriate congressional committees having jurisdiction over the
critical infrastructure or key resources, for each sector
identified in the National Infrastructure Protection Plan, a report
on the comprehensive assessments carried out by the Secretary of
the critical infrastructure and key resources of the United States,
evaluating threat, vulnerability, and consequence, as required
under this subsection. Each such report--
``(A) shall contain, if applicable, actions or
countermeasures recommended or taken by the Secretary or the
head of another Federal agency to address issues identified in
the assessments;
``(B) shall be required for fiscal year 2007 and each
subsequent fiscal year and shall be submitted not later than 35
days after the last day of the fiscal year covered by the
report; and
``(C) may be classified.''.
(b) Report on Industry Preparedness.--Not later than 6 months after
the last day of fiscal year 2007 and each subsequent fiscal year, the
Secretary of Homeland Security, in cooperation with the Secretary of
Commerce, the Secretary of Transportation, the Secretary of Defense,
and the Secretary of Energy, shall submit to the Committee on Banking,
Housing, and Urban Affairs and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Financial
Services and the Committee on Homeland Security of the House of
Representatives a report that details the actions taken by the Federal
Government to ensure, in accordance with subsections (a) and (c) of
section 101 of the Defense Production Act of 1950 (50 U.S.C. App.
2071), the preparedness of industry to reduce interruption of critical
infrastructure and key resource operations during an act of terrorism,
natural catastrophe, or other similar national emergency.
SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF LEVEES IN THE
NATIONAL INFRASTRUCTURE PROTECTION PLAN.
It is the sense of Congress that the Secretary should ensure that
levees are included in one of the critical infrastructure and key
resources sectors identified in the National Infrastructure Protection
Plan.
TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. et seq.) is amended by adding at the end the following:
``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
``(a) Establishment.--The Secretary shall establish, operate, and
maintain a National Biosurveillance Integration Center (referred to in
this section as the `NBIC'), which shall be headed by a Directing
Officer, under an office or directorate of the Department that is in
existence as of the date of the enactment of this section.
``(b) Primary Mission.--The primary mission of the NBIC is to--
``(1) enhance the capability of the Federal Government to--
``(A) rapidly identify, characterize, localize, and track a
biological event of national concern by integrating and
analyzing data relating to human health, animal, plant, food,
and environmental monitoring systems (both national and
international); and
``(B) disseminate alerts and other information to Member
Agencies and, in coordination with (and where possible through)
Member Agencies, to agencies of State, local, and tribal
governments, as appropriate, to enhance the ability of such
agencies to respond to a biological event of national concern;
and
``(2) oversee development and operation of the National
Biosurveillance Integration System.
``(c) Requirements.--The NBIC shall detect, as early as possible, a
biological event of national concern that presents a risk to the United
States or the infrastructure or key assets of the United States,
including by--
``(1) consolidating data from all relevant surveillance systems
maintained by Member Agencies to detect biological events of
national concern across human, animal, and plant species;
``(2) seeking private sources of surveillance, both foreign and
domestic, when such sources would enhance coverage of critical
surveillance gaps;
``(3) using an information technology system that uses the best
available statistical and other analytical tools to identify and
characterize biological events of national concern in as close to
real-time as is practicable;
``(4) providing the infrastructure for such integration,
including information technology systems and space, and support for
personnel from Member Agencies with sufficient expertise to enable
analysis and interpretation of data;
``(5) working with Member Agencies to create information
technology systems that use the minimum amount of patient data
necessary and consider patient confidentiality and privacy issues
at all stages of development and apprise the Privacy Officer of
such efforts; and
``(6) alerting Member Agencies and, in coordination with (and
where possible through) Member Agencies, public health agencies of
State, local, and tribal governments regarding any incident that
could develop into a biological event of national concern.
``(d) Responsibilities of the Directing Officer of the NBIC.--
``(1) In general.--The Directing Officer of the NBIC shall--
``(A) on an ongoing basis, monitor the availability and
appropriateness of surveillance systems used by the NBIC and
those systems that could enhance biological situational
awareness or the overall performance of the NBIC;
``(B) on an ongoing basis, review and seek to improve the
statistical and other analytical methods used by the NBIC;
``(C) receive and consider other relevant homeland security
information, as appropriate; and
``(D) provide technical assistance, as appropriate, to all
Federal, regional, State, local, and tribal government entities
and private sector entities that contribute data relevant to
the operation of the NBIC.
``(2) Assessments.--The Directing Officer of the NBIC shall--
``(A) on an ongoing basis, evaluate available data for
evidence of a biological event of national concern; and
``(B) integrate homeland security information with NBIC
data to provide overall situational awareness and determine
whether a biological event of national concern has occurred.
``(3) Information sharing.--
``(A) In general.--The Directing Officer of the NBIC
shall--
``(i) establish a method of real-time communication
with the National Operations Center;
``(ii) in the event that a biological event of national
concern is detected, notify the Secretary and disseminate
results of NBIC assessments relating to that biological
event of national concern to appropriate Federal response
entities and, in coordination with relevant Member
Agencies, regional, State, local, and tribal governmental
response entities in a timely manner;
``(iii) provide any report on NBIC assessments to
Member Agencies and, in coordination with relevant Member
Agencies, any affected regional, State, local, or tribal
government, and any private sector entity considered
appropriate that may enhance the mission of such Member
Agencies, governments, or entities or the ability of the
Nation to respond to biological events of national concern;
and
``(iv) share NBIC incident or situational awareness
reports, and other relevant information, consistent with
the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) and any policies,
guidelines, procedures, instructions, or standards
established under that section.
``(B) Consultation.--The Directing Officer of the NBIC
shall implement the activities described in subparagraph (A)
consistent with the policies, guidelines, procedures,
instructions, or standards established under section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485) and in consultation with the Director of National
Intelligence, the Under Secretary for Intelligence and
Analysis, and other offices or agencies of the Federal
Government, as appropriate.
``(e) Responsibilities of the NBIC Member Agencies.--
``(1) In general.--Each Member Agency shall--
``(A) use its best efforts to integrate biosurveillance
information into the NBIC, with the goal of promoting
information sharing between Federal, State, local, and tribal
governments to detect biological events of national concern;
``(B) provide timely information to assist the NBIC in
maintaining biological situational awareness for accurate
detection and response purposes;
``(C) enable the NBIC to receive and use biosurveillance
information from member agencies to carry out its requirements
under subsection (c);
``(D) connect the biosurveillance data systems of that
Member Agency to the NBIC data system under mutually agreed
protocols that are consistent with subsection (c)(5);
``(E) participate in the formation of strategy and policy
for the operation of the NBIC and its information sharing;
``(F) provide personnel to the NBIC under an interagency
personnel agreement and consider the qualifications of such
personnel necessary to provide human, animal, and environmental
data analysis and interpretation support to the NBIC; and
``(G) retain responsibility for the surveillance and
intelligence systems of that department or agency, if
applicable.
``(f) Administrative Authorities.--
``(1) Hiring of experts.--The Directing Officer of the NBIC
shall hire individuals with the necessary expertise to develop and
operate the NBIC.
``(2) Detail of personnel.--Upon the request of the Directing
Officer of the NBIC, the head of any Federal department or agency
may detail, on a reimbursable basis, any of the personnel of that
department or agency to the Department to assist the NBIC in
carrying out this section.
``(g) NBIC Interagency Working Group.--The Directing Officer of the
NBIC shall--
``(1) establish an interagency working group to facilitate
interagency cooperation and to advise the Directing Officer of the
NBIC regarding recommendations to enhance the biosurveillance
capabilities of the Department; and
``(2) invite Member Agencies to serve on that working group.
``(h) Relationship to Other Departments and Agencies.--The
authority of the Directing Officer of the NBIC under this section shall
not affect any authority or responsibility of any other department or
agency of the Federal Government with respect to biosurveillance
activities under any program administered by that department or agency.
``(i) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
``(j) Definitions.--In this section:
``(1) The terms `biological agent' and `toxin' have the
meanings given those terms in section 178 of title 18, United
States Code.
``(2) The term `biological event of national concern' means--
``(A) an act of terrorism involving a biological agent or
toxin; or
``(B) a naturally occurring outbreak of an infectious
disease that may result in a national epidemic.
``(3) The term `homeland security information' has the meaning
given that term in section 892.
``(4) The term `Member Agency' means any Federal department or
agency that, at the discretion of the head of that department or
agency, has entered a memorandum of understanding regarding
participation in the NBIC.
``(5) The term `Privacy Officer' means the Privacy Officer
appointed under section 222.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 315 the following:
``Sec. 316. National Biosurveillance Integration Center.''.
(c) Deadline for Implementation.--The National Biosurveillance
Integration Center under section 316 of the Homeland Security Act, as
added by subsection (a), shall be fully operational by not later than
September 30, 2008.
(d) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security shall submit to the
Committee on Homeland Security and Governmental Affairs of the Senate
and the Committee on Homeland Security of the House of Representatives
an interim report on the status of the operations at the National
Biosurviellance Integration Center that addresses the efforts of the
Center to integrate the surveillance efforts of Federal, State, local,
and tribal governments. When the National Biosurveillance Integration
Center is fully operational, the Secretary shall submit to such
committees a final report on the status of such operations.
SEC. 1102. BIOSURVEILLANCE EFFORTS.
The Comptroller General of the United States shall submit to
Congress a report--
(1) describing the state of Federal, State, local, and tribal
government biosurveillance efforts as of the date of such report;
(2) describing any duplication of effort at the Federal, State,
local, or tribal government level to create biosurveillance
systems; and
(3) providing the recommendations of the Comptroller General
regarding--
(A) the integration of biosurveillance systems;
(B) the effective use of biosurveillance resources; and
(C) the effective use of the expertise of Federal, State,
local, and tribal governments.
SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR
AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after section 1906, as redesignated by
section 104, the following:
``SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR
DETECTION ARCHITECTURE.
``(a) Annual Review.--
``(1) In general.--The Secretary, the Attorney General, the
Secretary of State, the Secretary of Defense, the Secretary of
Energy, and the Director of National Intelligence shall jointly
ensure interagency coordination on the development and
implementation of the global nuclear detection architecture by
ensuring that, not less frequently than once each year--
``(A) each relevant agency, office, or entity--
``(i) assesses its involvement, support, and
participation in the development, revision, and
implementation of the global nuclear detection
architecture; and
``(ii) examines and evaluates components of the global
nuclear detection architecture (including associated
strategies and acquisition plans) relating to the
operations of that agency, office, or entity, to determine
whether such components incorporate and address current
threat assessments, scenarios, or intelligence analyses
developed by the Director of National Intelligence or other
agencies regarding threats relating to nuclear or
radiological weapons of mass destruction; and
``(B) each agency, office, or entity deploying or operating
any nuclear or radiological detection technology under the
global nuclear detection architecture--
``(i) evaluates the deployment and operation of nuclear
or radiological detection technologies under the global
nuclear detection architecture by that agency, office, or
entity;
``(ii) identifies performance deficiencies and
operational or technical deficiencies in nuclear or
radiological detection technologies deployed under the
global nuclear detection architecture; and
``(iii) assesses the capacity of that agency, office,
or entity to implement the responsibilities of that agency,
office, or entity under the global nuclear detection
architecture.
``(2) Technology.--Not less frequently than once each year, the
Secretary shall examine and evaluate the development, assessment,
and acquisition of radiation detection technologies deployed or
implemented in support of the domestic portion of the global
nuclear detection architecture.
``(b) Annual Report on Joint Interagency Review.--
``(1) In general.--Not later than March 31 of each year, the
Secretary, the Attorney General, the Secretary of State, the
Secretary of Defense, the Secretary of Energy, and the Director of
National Intelligence, shall jointly submit a report regarding the
implementation of this section and the results of the reviews
required under subsection (a) to--
``(A) the President;
``(B) the Committee on Appropriations, the Committee on
Armed Services, the Select Committee on Intelligence, and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
``(C) the Committee on Appropriations, the Committee on
Armed Services, the Permanent Select Committee on Intelligence,
the Committee on Homeland Security, and the Committee on
Science and Technology of the House of Representatives.
``(2) Form.--The annual report submitted under paragraph (1)
shall be submitted in unclassified form to the maximum extent
practicable, but may include a classified annex.
``(c) Definition.--In this section, the term `global nuclear
detection architecture' means the global nuclear detection architecture
developed under section 1902.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by
inserting after the item relating to section 1906, as added by section
104, the following:
``Sec. 1907. Joint annual interagency review of global nuclear detection
architecture.''.
SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.
(a) Responsibility of Secretary.--The Secretary of Homeland
Security shall have responsibility for ensuring that domestic chemical,
biological, radiological, and nuclear detection equipment and
technologies are integrated, as appropriate, with other border security
systems and detection technologies.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary shall submit a report to Congress that contains
a plan to develop a departmental technology assessment process to
determine and certify the technology readiness levels of chemical,
biological, radiological, and nuclear detection technologies before the
full deployment of such technologies within the United States.
TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
SEC. 1201. DEFINITIONS.
For purposes of this title, the following terms apply:
(1) Department.--The term ``Department'' means the Department
of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.
(a) In General.--Section 114(t)(1)(B) of title 49, United States
Code, is amended to read as follows:
``(B) transportation modal security plans addressing
security risks, including threats, vulnerabilities, and
consequences, for aviation, railroad, ferry, highway, maritime,
pipeline, public transportation, over-the-road bus, and other
transportation infrastructure assets.''.
(b) Contents of the National Strategy for Transportation
Security.--Section 114(t)(3) of such title is amended--
(1) in subparagraph (B), by inserting ``, based on risk
assessments conducted or received by the Secretary of Homeland
Security (including assessments conducted under the Implementing
Recommendations of the 9/11 Commission Act of 2007'' after ``risk
based priorities'';
(2) in subparagraph (D)--
(A) by striking ``and local'' and inserting ``local, and
tribal''; and
(B) by striking ``private sector cooperation and
participation'' and inserting ``cooperation and participation
by private sector entities, including nonprofit employee labor
organizations,'';
(3) in subparagraph (E)--
(A) by striking ``response'' and inserting ``prevention,
response,''; and
(B) by inserting ``and threatened and executed acts of
terrorism outside the United States to the extent such acts
affect United States transportation systems'' before the period
at the end;
(4) in subparagraph (F), by adding at the end the following:
``Transportation security research and development projects shall
be based, to the extent practicable, on such prioritization.
Nothing in the preceding sentence shall be construed to require the
termination of any research or development project initiated by the
Secretary of Homeland Security or the Secretary of Transportation
before the date of enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007.''; and
(5) by adding at the end the following:
``(G) A 3- and 10-year budget for Federal transportation
security programs that will achieve the priorities of the
National Strategy for Transportation Security.
``(H) Methods for linking the individual transportation
modal security plans and the programs contained therein, and a
plan for addressing the security needs of intermodal
transportation.
``(I) Transportation modal security plans described in
paragraph (1)(B), including operational recovery plans to
expedite, to the maximum extent practicable, the return to
operation of an adversely affected transportation system
following a major terrorist attack on that system or other
incident. These plans shall be coordinated with the resumption
of trade protocols required under section 202 of the SAFE Port
Act (6 U.S.C. 942) and the National Maritime Transportation
Security Plan required under section 70103(a) of title 46.''.
(c) Periodic Progress Reports.--Section 114(t)(4) of such title is
amended--
(1) in subparagraph (C)--
(A) in clause (i) by inserting ``, including the
transportation modal security plans'' before the period at the
end; and
(B) by striking clause (ii) and inserting the following:
``(ii) Content.--Each progress report submitted under
this subparagraph shall include, at a minimum, the
following:
``(I) Recommendations for improving and
implementing the National Strategy for Transportation
Security and the transportation modal and intermodal
security plans that the Secretary of Homeland Security,
in consultation with the Secretary of Transportation,
considers appropriate.
``(II) An accounting of all grants for
transportation security, including grants and contracts
for research and development, awarded by the Secretary
of Homeland Security in the most recent fiscal year and
a description of how such grants accomplished the goals
of the National Strategy for Transportation Security.
``(III) An accounting of all--
``(aa) funds requested in the President's
budget submitted pursuant to section 1105 of title
31 for the most recent fiscal year for
transportation security, by mode;
``(bb) personnel working on transportation
security by mode, including the number of
contractors; and
``(cc) information on the turnover in the
previous year among senior staff of the Department
of Homeland Security, including component agencies,
working on transportation security issues. Such
information shall include the number of employees
who have permanently left the office, agency, or
area in which they worked, and the amount of time
that they worked for the Department.
``(iii) Written explanation of transportation security
activities not delineated in the national strategy for
transportation security.--At the end of each fiscal year,
the Secretary of Homeland Security shall submit to the
appropriate congressional committees a written explanation
of any Federal transportation security activity that is
inconsistent with the National Strategy for Transportation
Security, including the amount of funds to be expended for
the activity and the number of personnel involved.''; and
(2) by striking subparagraph (E) and inserting the following:
``(E) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means the Committee on Transportation and
Infrastructure and the Committee on Homeland Security of the
House of Representatives and the Committee on Commerce,
Science, and Transportation, the Committee on Homeland Security
and Governmental Affairs, and the Committee on Banking,
Housing, and Urban Affairs of the Senate.''.
(d) Priority Status.--Section 114(t)(5)(B) of such title is
amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
``(iv) the transportation sector specific plan required
under Homeland Security Presidential Directive-7; and''.
(e) Coordination and Plan Distribution.--Section 114(t) of such
title is amended by adding at the end the following:
``(6) Coordination.--In carrying out the responsibilities under
this section, the Secretary of Homeland Security, in coordination
with the Secretary of Transportation, shall consult, as
appropriate, with Federal, State, and local agencies, tribal
governments, private sector entities (including nonprofit employee
labor organizations), institutions of higher learning, and other
entities.
``(7) Plan distribution.--The Secretary of Homeland Security
shall make available and appropriately publicize an unclassified
version of the National Strategy for Transportation Security,
including its component transportation modal security plans, to
Federal, State, regional, local and tribal authorities,
transportation system owners or operators, private sector
stakeholders, including nonprofit employee labor organizations
representing transportation employees, institutions of higher
learning, and other appropriate entities.''.
SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.
(a) In General.--Section 114 of title 49, United States Code, is
amended by adding at the end the following:
``(u) Transportation Security Information Sharing Plan.--
``(1) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The term
`appropriate congressional committees' has the meaning given
that term in subsection (t).
``(B) Plan.--The term `Plan' means the Transportation
Security Information Sharing Plan established under paragraph
(2).
``(C) Public and private stakeholders.--The term `public
and private stakeholders' means Federal, State, and local
agencies, tribal governments, and appropriate private entities,
including nonprofit employee labor organizations representing
transportation employees.
``(D) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(E) Transportation security information.--The term
`transportation security information' means information
relating to the risks to transportation modes, including
aviation, public transportation, railroad, ferry, highway,
maritime, pipeline, and over-the-road bus transportation, and
may include specific and general intelligence products, as
appropriate.
``(2) Establishment of plan.--The Secretary of Homeland
Security, in consultation with the program manager of the
information sharing environment established under section 1016 of
the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485), the Secretary of Transportation, and public and
private stakeholders, shall establish a Transportation Security
Information Sharing Plan. In establishing the Plan, the Secretary
shall gather input on the development of the Plan from private and
public stakeholders and the program manager of the information
sharing environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485).
``(3) Purpose of plan.--The Plan shall promote sharing of
transportation security information between the Department of
Homeland Security and public and private stakeholders.
``(4) Content of plan.--The Plan shall include--
``(A) a description of how intelligence analysts within the
Department of Homeland Security will coordinate their
activities within the Department and with other Federal, State,
and local agencies, and tribal governments, including
coordination with existing modal information sharing centers
and the center described in section 1410 of the Implementing
Recommendations of the 9/11 Commission Act of 2007;
``(B) the establishment of a point of contact, which may be
a single point of contact within the Department of Homeland
Security, for each mode of transportation for the sharing of
transportation security information with public and private
stakeholders, including an explanation and justification to the
appropriate congressional committees if the point of contact
established pursuant to this subparagraph differs from the
agency within the Department that has the primary authority, or
has been delegated such authority by the Secretary, to regulate
the security of that transportation mode;
``(C) a reasonable deadline by which the Plan will be
implemented; and
``(D) a description of resource needs for fulfilling the
Plan.
``(5) Coordination with information sharing .--The Plan shall
be--
``(A) implemented in coordination, as appropriate, with the
program manager for the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
``(B) consistent with the establishment of the information
sharing environment and any policies, guidelines, procedures,
instructions, or standards established by the President or the
program manager for the implementation and management of the
information sharing environment.
``(6) Reports to congress.--
``(A) In general.--Not later than 150 days after the date
of enactment of this subsection, and annually thereafter, the
Secretary shall submit to the appropriate congressional
committees, a report containing the Plan.
``(B) Annual report.--Not later than 1 year after the date
of enactment of this subsection, the Secretary shall submit to
the appropriate congressional committees a report on updates to
and the implementation of the Plan.
``(7) Survey and report.--
``(A) In general.--The Comptroller General of the United
States shall conduct a biennial survey of the satisfaction of
recipients of transportation intelligence reports disseminated
under the Plan.
``(B) Information sought.--The survey conducted under
subparagraph (A) shall seek information about the quality,
speed, regularity, and classification of the transportation
security information products disseminated by the Department of
Homeland Security to public and private stakeholders.
``(C) Report.--Not later than 1 year after the date of the
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, and every even numbered year
thereafter, the Comptroller General shall submit to the
appropriate congressional committees, a report on the results
of the survey conducted under subparagraph (A). The Comptroller
General shall also provide a copy of the report to the
Secretary.
``(8) Security clearances.--The Secretary shall, to the
greatest extent practicable, take steps to expedite the security
clearances needed for designated public and private stakeholders to
receive and obtain access to classified information distributed
under this section, as appropriate.
``(9) Classification of material.--The Secretary, to the
greatest extent practicable, shall provide designated public and
private stakeholders with transportation security information in an
unclassified format.''.
(b) Congressional Oversight of Security Assurance for Public and
Private Stakeholders.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall provide a semiannual report to the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Committee on
Banking, Housing, and Urban Affairs of the Senate and the Committee
on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives that includes--
(A) the number of public and private stakeholders who were
provided with each report;
(B) a description of the measures the Secretary has taken,
under section 114(u)(7) of title 49, United States Code, as
added by this section, or otherwise, to ensure proper treatment
and security for any classified information to be shared with
the public and private stakeholders under the Plan; and
(C) an explanation of the reason for the denial of
transportation security information to any stakeholder who had
previously received such information.
(2) No report required if no changes in stakeholders.--The
Secretary is not required to provide a semiannual report under
paragraph (1) if no stakeholders have been added to or removed from
the group of persons with whom transportation security information
is shared under the plan since the end of the period covered by the
last preceding semiannual report.
SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
(a) In General.--The Secretary is authorized to establish, operate,
and maintain a National Domestic Preparedness Consortium within the
Department.
(b) Members.--Members of the National Domestic Preparedness
Consortium shall consist of--
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology;
(3) the National Center for Biomedical Research and Training,
Louisiana State University;
(4) the National Emergency Response and Rescue Training Center,
Texas A&M University;
(5) the National Exercise, Test, and Training Center, Nevada
Test Site;
(6) the Transportation Technology Center, Incorporated, in
Pueblo, Colorado; and
(7) the National Disaster Preparedness Training Center,
University of Hawaii.
(c) Duties.--The National Domestic Preparedness Consortium shall
identify, develop, test, and deliver training to State, local, and
tribal emergency response providers, provide on-site and mobile
training at the performance and management and planning levels, and
facilitate the delivery of training by the training partners of the
Department.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary--
(1) for the Center for Domestic Preparedness--
(A) $57,000,000 for fiscal year 2008;
(B) $60,000,000 for fiscal year 2009;
(C) $63,000,000 for fiscal year 2010; and
(D) $66,000,000 for fiscal year 2011; and
(2) for the National Energetic Materials Research and Testing
Center, the National Center for Biomedical Research and Training,
the National Emergency Response and Rescue Training Center, the
National Exercise, Test, and Training Center, the Transportation
Technology Center, Incorporated, and the National Disaster
Preparedness Training Center each--
(A) $22,000,000 for fiscal year 2008;
(B) $23,000,000 for fiscal year 2009;
(C) $24,000,000 for fiscal year 2010; and
(D) $25,500,000 for fiscal year 2011.
(e) Savings Provision.--From the amounts appropriated pursuant to
this section, the Secretary shall ensure that future amounts provided
to each of the following entities are not less than the amounts
provided to each such entity for participation in the Consortium in
fiscal year 2007--
(1) the Center for Domestic Preparedness;
(2) the National Energetic Materials Research and Testing
Center, New Mexico Institute of Mining and Technology;
(3) the National Center for Biomedical Research and Training,
Louisiana State University;
(4) the National Emergency Response and Rescue Training Center,
Texas A&M University; and
(5) the National Exercise, Test, and Training Center, Nevada
Test Site.
SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.
(a) Establishment.--The Secretary shall establish a National
Transportation Security Center of Excellence to conduct research and
education activities, and to develop or provide professional security
training, including the training of transportation employees and
transportation professionals.
(b) Designation.--The Secretary shall select one of the
institutions identified in subsection (c) as the lead institution
responsible for coordinating the National Transportation Security
Center of Excellence.
(c) Member Institutions.--
(1) Consortium.--The institution of higher education selected
under subsection (b) shall execute agreements with the other
institutions of higher education identified in this subsection and
other institutions designated by the Secretary to develop a
consortium to assist in accomplishing the goals of the Center.
(2) Members.--The National Transportation Security Center of
Excellence shall consist of--
(A) Texas Southern University in Houston, Texas;
(B) the National Transit Institute at Rutgers, The State
University of New Jersey;
(C) Tougaloo College;
(D) the Connecticut Transportation Institute at the
University of Connecticut;
(E) the Homeland Security Management Institute, Long Island
University;
(F) the Mack-Blackwell National Rural Transportation Study
Center at the University of Arkansas; and
(G) any additional institutions or facilities designated by
the Secretary.
(3) Certain inclusions.--To the extent practicable, the
Secretary shall ensure that an appropriate number of any additional
consortium colleges or universities designated by the Secretary
under this subsection are Historically Black Colleges and
Universities, Hispanic Serving Institutions, and Indian Tribally
Controlled Colleges and Universities.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $18,000,000 for fiscal year 2008;
(2) $18,000,000 for fiscal year 2009;
(3) $18,000,000 for fiscal year 2010; and
(4) $18,000,000 for fiscal year 2011.
SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR
SUSPICIOUS BEHAVIOR AND RESPONSE.
(a) Immunity for Reports of Suspected Terrorist Activity or
Suspicious Behavior.--
(1) In general.--Any person who, in good faith and based on
objectively reasonable suspicion, makes, or causes to be made, a
voluntary report of covered activity to an authorized official
shall be immune from civil liability under Federal, State, and
local law for such report.
(2) False reports.--Paragraph (1) shall not apply to any report
that the person knew to be false or was made with reckless
disregard for the truth at the time that person made that report.
(b) Immunity for Response.--
(1) In general.--Any authorized official who observes, or
receives a report of, covered activity and takes reasonable action
in good faith to respond to such activity shall have qualified
immunity from civil liability for such action, consistent with
applicable law in the relevant jurisdiction. An authorized official
as defined by subsection (d)(1)(A) not entitled to assert the
defense of qualified immunity shall nevertheless be immune from
civil liability under Federal, State, and local law if such
authorized official takes reasonable action, in good faith, to
respond to the reported activity.
(2) Savings clause.--Nothing in this subsection shall affect
the ability of any authorized official to assert any defense,
privilege, or immunity that would otherwise be available, and this
subsection shall not be construed as affecting any such defense,
privilege, or immunity.
(c) Attorney Fees and Costs.--Any person or authorized official
found to be immune from civil liability under this section shall be
entitled to recover from the plaintiff all reasonable costs and
attorney fees.
(d) Definitions.--In this section:
(1) Authorized official.--The term ``authorized official''
means--
(A) any employee or agent of a passenger transportation
system or other person with responsibilities relating to the
security of such systems;
(B) any officer, employee, or agent of the Department of
Homeland Security, the Department of Transportation, or the
Department of Justice with responsibilities relating to the
security of passenger transportation systems; or
(C) any Federal, State, or local law enforcement officer.
(2) Covered activity.--The term ``covered activity'' means any
suspicious transaction, activity, or occurrence that involves, or
is directed against, a passenger transportation system or vehicle
or its passengers indicating that an individual may be engaging, or
preparing to engage, in a violation of law relating to--
(A) a threat to a passenger transportation system or
passenger safety or security; or
(B) an act of terrorism (as that term is defined in section
3077 of title 18, United States Code).
(3) Passenger transportation.--The term ``passenger
transportation'' means--
(A) public transportation, as defined in section 5302 of
title 49, United States Code;
(B) over-the-road bus transportation, as defined in title
XV of this Act, and school bus transportation;
(C) intercity passenger rail transportation as defined in
section 24102 of title 49, United States Code;
(D) the transportation of passengers onboard a passenger
vessel as defined in section 2101 of title 46, United States
Code;
(E) other regularly scheduled waterborne transportation
service of passengers by vessel of at least 20 gross tons; and
(F) air transportation, as defined in section 40102 of
title 49, United States Code, of passengers.
(4) Passenger transportation system.--The term ``passenger
transportation system'' means an entity or entities organized to
provide passenger transportation using vehicles, including the
infrastructure used to provide such transportation.
(5) Vehicle.--The term ``vehicle'' has the meaning given to
that term in section 1992(16) of title 18, United States Code.
(e) Effective Date.--This section shall take effect on October 1,
2006, and shall apply to all activities and claims occurring on or
after such date.
TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS
SEC. 1301. DEFINITIONS.
For purposes of this title, the following terms apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Commerce, Science, and Transportation, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Department.--The term ``Department'' means the Department
of Homeland Security.
(3) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(4) State.--The term ``State'' means any one of the 50 States,
the District of Columbia, Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any other
territory or possession of the United States.
(5) Terrorism.--The term ``terrorism'' has the meaning that
term has in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
(6) United states.--The term ``United States'' means the 50
States, the District of Columbia, Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any other
territory or possession of the United States.
SEC. 1302. ENFORCEMENT AUTHORITY.
(a) In General.--Section 114 of title 49, United States Code, as
amended by section 1203 of this Act, is further amended by adding at
the end the following:
``(v) Enforcement of Regulations and Orders of the Secretary of
Homeland Security.--
``(1) Application of subsection.--
``(A) In general.--This subsection applies to the
enforcement of regulations prescribed, and orders issued, by
the Secretary of Homeland Security under a provision of chapter
701 of title 46 and under a provision of this title other than
a provision of chapter 449 (in this subsection referred to as
an `applicable provision of this title').
``(B) Violations of chapter 449.--The penalties for
violations of regulations prescribed and orders issued by the
Secretary of Homeland Security under chapter 449 of this title
are provided under chapter 463 of this title.
``(C) Nonapplication to certain violations.--
``(i) Paragraphs (2) through (5) do not apply to
violations of regulations prescribed, and orders issued, by
the Secretary of Homeland Security under a provision of
this title--
``(I) involving the transportation of personnel or
shipments of materials by contractors where the
Department of Defense has assumed control and
responsibility;
``(II) by a member of the armed forces of the
United States when performing official duties; or
``(III) by a civilian employee of the Department of
Defense when performing official duties.
``(ii) Violations described in subclause (I), (II), or
(III) of clause (i) shall be subject to penalties as
determined by the Secretary of Defense or the Secretary's
designee.
``(2) Civil penalty.--
``(A) In general.--A person is liable to the United States
Government for a civil penalty of not more than $10,000 for a
violation of a regulation prescribed, or order issued, by the
Secretary of Homeland Security under an applicable provision of
this title.
``(B) Repeat violations.--A separate violation occurs under
this paragraph for each day the violation continues.
``(3) Administrative imposition of civil penalties.--
``(A) In general.--The Secretary of Homeland Security may
impose a civil penalty for a violation of a regulation
prescribed, or order issued, under an applicable provision of
this title. The Secretary shall give written notice of the
finding of a violation and the penalty.
``(B) Scope of civil action.--In a civil action to collect
a civil penalty imposed by the Secretary under this subsection,
a court may not re-examine issues of liability or the amount of
the penalty.
``(C) Jurisdiction.--The district courts of the United
States shall have exclusive jurisdiction of civil actions to
collect a civil penalty imposed by the Secretary under this
subsection if--
``(i) the amount in controversy is more than--
``(I) $400,000, if the violation was committed by a
person other than an individual or small business
concern; or
``(II) $50,000 if the violation was committed by an
individual or small business concern;
``(ii) the action is in rem or another action in rem
based on the same violation has been brought; or
``(iii) another action has been brought for an
injunction based on the same violation.
``(D) Maximum penalty.--The maximum civil penalty the
Secretary administratively may impose under this paragraph is--
``(i) $400,000, if the violation was committed by a
person other than an individual or small business concern;
or
``(ii) $50,000, if the violation was committed by an
individual or small business concern.
``(E) Notice and opportunity to request hearing.--Before
imposing a penalty under this section the Secretary shall
provide to the person against whom the penalty is to be
imposed--
``(i) written notice of the proposed penalty; and
``(ii) the opportunity to request a hearing on the
proposed penalty, if the Secretary receives the request not
later than 30 days after the date on which the person
receives notice.
``(4) Compromise and setoff.--
``(A) The Secretary may compromise the amount of a civil
penalty imposed under this subsection.
``(B) The Government may deduct the amount of a civil
penalty imposed or compromised under this subsection from
amounts it owes the person liable for the penalty.
``(5) Investigations and proceedings.--Chapter 461 shall apply
to investigations and proceedings brought under this subsection to
the same extent that it applies to investigations and proceedings
brought with respect to aviation security duties designated to be
carried out by the Secretary.
``(6) Definitions.--In this subsection:
``(A) Person.--The term `person' does not include--
``(i) the United States Postal Service; or
``(ii) the Department of Defense.
``(B) Small business concern.--The term `small business
concern' has the meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632).
``(7) Enforcement transparency.--
``(A) In general.--Not later than December 31, 2008, and
annually thereafter, the Secretary shall--
``(i) provide an annual summary to the public of all
enforcement actions taken by the Secretary under this
subsection; and
``(ii) include in each such summary the docket number
of each enforcement action, the type of alleged violation,
the penalty or penalties proposed, and the final assessment
amount of each penalty.
``(B) Electronic availability.--Each summary under this
paragraph shall be made available to the public by electronic
means.
``(C) Relationship to the freedom of information act and
the privacy act.--Nothing in this subsection shall be construed
to require disclosure of information or records that are exempt
from disclosure under sections 552 or 552a of title 5.
``(D) Enforcement guidance.--Not later than 180 days after
the enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary shall provide a report to
the public describing the enforcement process established under
this subsection.''.
(b) Conforming Amendment.--Section 46301(a)(4) of title 49, United
States Code, is amended by striking ``or another requirement under this
title administered by the Under Secretary of Transportation for
Security''.
SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND RESPONSE
TEAMS.
(a) In General.--The Secretary, acting through the Administrator of
the Transportation Security Administration, may develop Visible
Intermodal Prevention and Response (referred to in this section as
``VIPR'') teams to augment the security of any mode of transportation
at any location within the United States. In forming a VIPR team, the
Secretary--
(1) may use any asset of the Department, including Federal air
marshals, surface transportation security inspectors, canine
detection teams, and advanced screening technology;
(2) may determine when a VIPR team shall be deployed, as well
as the duration of the deployment;
(3) shall, prior to and during the deployment, consult with
local security and law enforcement officials in the jurisdiction
where the VIPR team is or will be deployed, to develop and agree
upon the appropriate operational protocols and provide relevant
information about the mission of the VIPR team, as appropriate; and
(4) shall, prior to and during the deployment, consult with all
transportation entities directly affected by the deployment of a
VIPR team, as appropriate, including railroad carriers, air
carriers, airport owners, over-the-road bus operators and terminal
owners and operators, motor carriers, public transportation
agencies, owners or operators of highways, port operators and
facility owners, vessel owners and operators and pipeline
operators.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section such sums as
necessary for fiscal years 2007 through 2011.
SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.
(a) In General.--The Secretary, acting through the Administrator of
the Transportation Security Administration, is authorized to train,
employ, and utilize surface transportation security inspectors.
(b) Mission.--The Secretary shall use surface transportation
security inspectors to assist surface transportation carriers,
operators, owners, entities, and facilities to enhance their security
against terrorist attack and other security threats and to assist the
Secretary in enforcing applicable surface transportation security
regulations and directives.
(c) Authorities.--Surface transportation security inspectors
employed pursuant to this section shall be authorized such powers and
delegated such responsibilities as the Secretary determines
appropriate, subject to subsection (e).
(d) Requirements.--The Secretary shall require that surface
transportation security inspectors have relevant transportation
experience and other security and inspection qualifications, as
determined appropriate.
(e) Limitations.--
(1) Inspectors.--Surface transportation inspectors shall be
prohibited from issuing fines to public transportation agencies, as
defined in title XIV, for violations of the Department's
regulations or orders except through the process described in
paragraph (2).
(2) Civil penalties.--The Secretary shall be prohibited from
assessing civil penalties against public transportation agencies,
as defined in title XIV, for violations of the Department's
regulations or orders, except in accordance with the following:
(A) In the case of a public transportation agency that is
found to be in violation of a regulation or order issued by the
Secretary, the Secretary shall seek correction of the violation
through a written notice to the public transportation agency
and shall give the public transportation agency reasonable
opportunity to correct the violation or propose an alternative
means of compliance acceptable to the Secretary.
(B) If the public transportation agency does not correct
the violation or propose an alternative means of compliance
acceptable to the Secretary within a reasonable time period
that is specified in the written notice, the Secretary may take
any action authorized in section 114 of title 49, United States
Code, as amended by this Act.
(3) Limitation on secretary.--The Secretary shall not initiate
civil enforcement actions for violations of administrative and
procedural requirements pertaining to the application for, and
expenditure of, funds awarded under transportation security grant
programs under this Act.
(f) Number of Inspectors.--The Secretary shall employ up to a total
of--
(1) 100 surface transportation security inspectors in fiscal
year 2007;
(2) 150 surface transportation security inspectors in fiscal
year 2008;
(3) 175 surface transportation security inspectors in fiscal
year 2009; and
(4) 200 surface transportation security inspectors in fiscal
years 2010 and 2011.
(g) Coordination.--The Secretary shall ensure that the mission of
the surface transportation security inspectors is consistent with any
relevant risk assessments required by this Act or completed by the
Department, the modal plans required under section 114(t) of title 49,
United States Code, the Memorandum of Understanding between the
Department and the Department of Transportation on Roles and
Responsibilities, dated September 28, 2004, and any and all subsequent
annexes to this Memorandum of Understanding, and other relevant
documents setting forth the Department's transportation security
strategy, as appropriate.
(h) Consultation.--The Secretary shall periodically consult with
the surface transportation entities which are or may be inspected by
the surface transportation security inspectors, including, as
appropriate, railroad carriers, over-the-road bus operators and
terminal owners and operators, motor carriers, public transportation
agencies, owners or operators of highways, and pipeline operators on--
(1) the inspectors' duties, responsibilities, authorities, and
mission; and
(2) strategies to improve transportation security and to ensure
compliance with transportation security requirements.
(i) Report.--Not later than September 30, 2008, the Department of
Homeland Security Inspector General shall transmit a report to the
appropriate congressional committees on the performance and
effectiveness of surface transportation security inspectors, whether
there is a need for additional inspectors, and other recommendations.
(j) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section--
(1) $11,400,000 for fiscal year 2007;
(2) $17,100,000 for fiscal year 2008;
(3) $19,950,000 for fiscal year 2009;
(4) $22,800,000 for fiscal year 2010; and
(5) $22,800,000 for fiscal year 2011.
SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY INFORMATION
SHARING.
(a) In General.--
(1) Information sharing.--The Secretary, in consultation with
the Secretary of Transportation, shall establish a program to
provide appropriate information that the Department has gathered or
developed on the performance, use, and testing of technologies that
may be used to enhance railroad, public transportation, and surface
transportation security to surface transportation entities,
including railroad carriers, over-the-road bus operators and
terminal owners and operators, motor carriers, public
transportation agencies, owners or operators of highways, pipeline
operators, and State, local, and tribal governments that provide
security assistance to such entities.
(2) Designation of qualified antiterrorism technologies.--The
Secretary shall include in such information provided in paragraph
(1) whether the technology is designated as a qualified
antiterrorism technology under the Support Anti-terrorism by
Fostering Effective Technologies Act of 2002 (Public Law 107-296),
as appropriate.
(b) Purpose.--The purpose of the program is to assist eligible
grant recipients under this Act and others, as appropriate, to purchase
and use the best technology and equipment available to meet the
security needs of the Nation's surface transportation system.
(c) Coordination.--The Secretary shall ensure that the program
established under this section makes use of and is consistent with
other Department technology testing, information sharing, evaluation,
and standards-setting programs, as appropriate.
SEC. 1306. TSA PERSONNEL LIMITATIONS.
Any statutory limitation on the number of employees in the
Transportation Security Administration does not apply to employees
carrying out this title and titles XII, XIV, and XV.
SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.
(a) Definitions.--For purposes of this section, the term
``explosives detection canine team'' means a canine and a canine
handler that are trained to detect explosives, radiological materials,
chemical, nuclear or biological weapons, or other threats as defined by
the Secretary.
(b) In General.--
(1) Increased capacity.--Not later than 180 days after the date
of enactment of this Act, the Secretary of Homeland Security
shall--
(A) begin to increase the number of explosives detection
canine teams certified by the Transportation Security
Administration for the purposes of transportation-related
security by up to 200 canine teams annually by the end of 2010;
and
(B) encourage State, local, and tribal governments and
private owners of high-risk transportation facilities to
strengthen security through the use of highly trained
explosives detection canine teams.
(2) Explosives detection canine teams.--The Secretary of
Homeland Security shall increase the number of explosives detection
canine teams by--
(A) using the Transportation Security Administration's
National Explosives Detection Canine Team Training Center,
including expanding and upgrading existing facilities,
procuring and breeding additional canines, and increasing
staffing and oversight commensurate with the increased training
and deployment capabilities;
(B) partnering with other Federal, State, or local
agencies, nonprofit organizations, universities, or the private
sector to increase the training capacity for canine detection
teams;
(C) procuring explosives detection canines trained by
nonprofit organizations, universities, or the private sector
provided they are trained in a manner consistent with the
standards and requirements developed pursuant to subsection (c)
or other criteria developed by the Secretary; or
(D) a combination of subparagraphs (A), (B), and (C), as
appropriate.
(c) Standards for Explosives Detection Canine Teams.--
(1) In general.--Based on the feasibility in meeting the
ongoing demand for quality explosives detection canine teams, the
Secretary shall establish criteria, including canine training
curricula, performance standards, and other requirements approved
by the Transportation Security Administration necessary to ensure
that explosives detection canine teams trained by nonprofit
organizations, universities, and private sector entities are
adequately trained and maintained.
(2) Expansion.--In developing and implementing such curriculum,
performance standards, and other requirements, the Secretary
shall--
(A) coordinate with key stakeholders, including
international, Federal, State, and local officials, and private
sector and academic entities to develop best practice
guidelines for such a standardized program, as appropriate;
(B) require that explosives detection canine teams trained
by nonprofit organizations, universities, or private sector
entities that are used or made available by the Secretary be
trained consistent with specific training criteria developed by
the Secretary; and
(C) review the status of the private sector programs on at
least an annual basis to ensure compliance with training
curricula, performance standards, and other requirements.
(d) Deployment.--The Secretary shall--
(1) use the additional explosives detection canine teams as
part of the Department's efforts to strengthen security across the
Nation's transportation network, and may use the canine teams on a
more limited basis to support other homeland security missions, as
determined appropriate by the Secretary;
(2) make available explosives detection canine teams to all
modes of transportation, for high-risk areas or to address specific
threats, on an as-needed basis and as otherwise determined
appropriate by the Secretary;
(3) encourage, but not require, any transportation facility or
system to deploy TSA-certified explosives detection canine teams
developed under this section; and
(4) consider specific needs and training requirements for
explosives detection canine teams to be deployed across the
Nation's transportation network, including in venues of multiple
modes of transportation, as appropriate.
(e) Canine Procurement.--The Secretary, acting through the
Administrator of the Transportation Security Administration, shall work
to ensure that explosives detection canine teams are procured as
efficiently as possible and at the best price, while maintaining the
needed level of quality, including, if appropriate, through increased
domestic breeding.
(f) Study.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall report to the appropriate
congressional committees on the utilization of explosives detection
canine teams to strengthen security and the capacity of the national
explosive detection canine team program.
(g) Authorization.--There are authorized to be appropriated to the
Secretary such sums as may be necessary to carry out this section for
fiscal years 2007 through 2011.
SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.
(a) In General.--The Secretary of Homeland Security shall conduct a
study of the need for, and feasibility of, establishing a system of
maritime and surface transportation-related user fees that may be
imposed and collected as a dedicated revenue source, on a temporary or
continuing basis, to provide necessary funding for legitimate
improvements to, and maintenance of, maritime and surface
transportation security, including vessel and facility plans required
under section 70103(c) of title 46, United States Code. In developing
the study, the Secretary shall consult with maritime and surface
transportation carriers, shippers, passengers, facility owners and
operators, and other persons as determined by the Secretary. Not later
than 1 year after the date of the enactment of this Act, the Secretary
shall submit a report to the appropriate congressional committees that
contains--
(1) the results of the study;
(2) an assessment of the annual sources of funding collected
through maritime and surface transportation at ports of entry and a
detailed description of the distribution and use of such funds,
including the amount and percentage of such sources that are
dedicated to improve and maintain security;
(3) an assessment of--
(A) the fees, charges, and standards imposed on United
States ports, port terminal operators, shippers, carriers, and
other persons who use United States ports of entry compared
with the fees and charges imposed on Canadian and Mexican
ports, Canadian and Mexican port terminal operators, shippers,
carriers, and other persons who use Canadian or Mexican ports
of entry; and
(B) the impact of such fees, charges, and standards on the
competitiveness of United States ports, port terminal
operators, railroad carriers, motor carriers, pipelines, other
transportation modes, and shippers;
(4) the private efforts and investments to secure maritime and
surface transportation modes, including those that are operational
and those that are planned; and
(5) the Secretary's recommendations based upon the study, and
an assessment of the consistency of such recommendations with the
international obligations and commitments of the United States.
(b) Definitions.--In this section:
(1) Port of entry.--The term ``port of entry'' means any port
or other facility through which foreign goods are permitted to
enter the customs territory of a country under official
supervision.
(2) Maritime and surface transportation.--The term ``maritime
and surface transportation'' includes ocean borne and vehicular
transportation.
SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
CONVICTED FELONS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the individual
poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal offenses.--Except as
provided under paragraph (2), an individual is permanently
disqualified from being issued a biometric transportation
security card under subsection (b) if the individual has been
convicted, or found not guilty by reason of insanity, in a
civilian or military jurisdiction of any of the following
felonies:
``(i) Espionage or conspiracy to commit espionage.
``(ii) Sedition or conspiracy to commit sedition.
``(iii) Treason or conspiracy to commit treason.
``(iv) A Federal crime of terrorism (as defined in
section 2332b(g) of title 18), a crime under a comparable
State law, or conspiracy to commit such crime.
``(v) A crime involving a transportation security
incident.
``(vi) Improper transportation of a hazardous material
in violation of section 5104(b) of title 49, or a
comparable State law.
``(vii) Unlawful possession, use, sale, distribution,
manufacture, purchase, receipt, transfer, shipment,
transportation, delivery, import, export, or storage of, or
dealing in, an explosive or explosive device. In this
clause, an explosive or explosive device includes--
``(I) an explosive (as defined in sections 232(5)
and 844(j) of title 18);
``(II) explosive materials (as defined in
subsections (c) through (f) of section 841 of title
18); and
``(III) a destructive device (as defined in
921(a)(4) of title 18 or section 5845(f) of the
Internal Revenue Code of 1986).
``(viii) Murder.
``(ix) Making any threat, or maliciously conveying
false information knowing the same to be false, concerning
the deliverance, placement, or detonation of an explosive
or other lethal device in or against a place of public use,
a State or other government facility, a public
transportation system, or an infrastructure facility.
``(x) A violation of chapter 96 of title 18, popularly
known as the Racketeer Influenced and Corrupt Organizations
Act, or a comparable State law, if one of the predicate
acts found by a jury or admitted by the defendant consists
of one of the crimes listed in this subparagraph.
``(xi) Attempt to commit any of the crimes listed in
clauses (i) through (iv).
``(xii) Conspiracy or attempt to commit any of the
crimes described in clauses (v) through (x).
``(B) Interim disqualifying criminal offenses.--Except as
provided under paragraph (2), an individual is disqualified
from being issued a biometric transportation security card
under subsection (b) if the individual has been convicted, or
found not guilty by reason of insanity, during the 7-year
period ending on the date on which the individual applies for
such card, or was released from incarceration during the 5-year
period ending on the date on which the individual applies for
such card, of any of the following felonies:
``(i) Unlawful possession, use, sale, manufacture,
purchase, distribution, receipt, transfer, shipment,
transportation, delivery, import, export, or storage of, or
dealing in, a firearm or other weapon. In this clause, a
firearm or other weapon includes--
``(I) firearms (as defined in section 921(a)(3) of
title 18 or section 5845(a) of the Internal Revenue
Code of 1986); and
``(II) items contained on the U.S. Munitions Import
List under section 447.21 of title 27, Code of Federal
Regulations.
``(ii) Extortion.
``(iii) Dishonesty, fraud, or misrepresentation,
including identity fraud and money laundering if the money
laundering is related to a crime described in this
subparagraph or subparagraph (A). In this clause, welfare
fraud and passing bad checks do not constitute dishonesty,
fraud, or misrepresentation.
``(iv) Bribery.
``(v) Smuggling.
``(vi) Immigration violations.
``(vii) Distribution of, possession with intent to
distribute, or importation of a controlled substance.
``(viii) Arson.
``(ix) Kidnaping or hostage taking.
``(x) Rape or aggravated sexual abuse.
``(xi) Assault with intent to kill.
``(xii) Robbery.
``(xiii) Conspiracy or attempt to commit any of the
crimes listed in this subparagraph.
``(xiv) Fraudulent entry into a seaport in violation of
section 1036 of title 18, or a comparable State law.
``(xv) A violation of the chapter 96 of title 18,
popularly known as the Racketeer Influenced and Corrupt
Organizations Act or a comparable State law, other than any
of the violations listed in subparagraph (A)(x).
``(C) Under want, warrant, or indictment.--An applicant who
is wanted, or under indictment, in any civilian or military
jurisdiction for a felony listed in paragraph (1)(A), is
disqualified from being issued a biometric transportation
security card under subsection (b) until the want or warrant is
released or the indictment is dismissed.
``(D) Other potential disqualifications.--Except as
provided under subparagraphs (A) through (C), an individual may
not be denied a transportation security card under subsection
(b) unless the Secretary determines that individual--
``(i) has been convicted within the preceding 7-year
period of a felony or found not guilty by reason of
insanity of a felony--
``(I) that the Secretary believes could cause the
individual to be a terrorism security risk to the
United States; or
``(II) for causing a severe transportation security
incident;
``(ii) has been released from incarceration within the
preceding 5-year period for committing a felony described
in clause (i);
``(iii) may be denied admission to the United States or
removed from the United States under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.); or
``(iv) otherwise poses a terrorism security risk to the
United States.
``(E) Modification of listed offenses.--The Secretary may,
by rulemaking, add to or modify the list of disqualifying
crimes described in paragraph (1)(B).''.
SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY AND THE
DEPARTMENT OF TRANSPORTATION.
The Secretary of Homeland Security is the principal Federal
official responsible for transportation security. The roles and
responsibilities of the Department of Homeland Security and the
Department of Transportation in carrying out this title and titles XII,
XIV, and XV are the roles and responsibilities of such Departments
pursuant to the Aviation and Transportation Security Act (Public Law
107-71); the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458); the National Infrastructure Protection Plan
required by Homeland Security Presidential Directive-7; The Homeland
Security Act of 2002; The National Response Plan; Executive Order No.
13416: Strengthening Surface Transportation Security, dated December 5,
2006; the Memorandum of Understanding between the Department and the
Department of Transportation on Roles and Responsibilities, dated
September 28, 2004, and any and all subsequent annexes to this
Memorandum of Understanding; and any other relevant agreements between
the two Departments.
TITLE XIV--PUBLIC TRANSPORTATION SECURITY
SEC. 1401. SHORT TITLE.
This title may be cited as the ``National Transit Systems Security
Act of 2007''.
SEC. 1402. DEFINITIONS.
For purposes of this title, the following terms apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Banking, Housing, and Urban Affairs, and the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Department.--The term ``Department'' means the Department
of Homeland Security.
(3) Disadvantaged businesses concerns.--The term
``disadvantaged business concerns'' means small businesses that are
owned and controlled by socially and economically disadvantaged
individuals as defined in section 124, title 13, Code of Federal
Regulations.
(4) Frontline employee.--The term ``frontline employee'' means
an employee of a public transportation agency who is a transit
vehicle driver or operator, dispatcher, maintenance and maintenance
support employee, station attendant, customer service employee,
security employee, or transit police, or any other employee who has
direct contact with riders on a regular basis, and any other
employee of a public transportation agency that the Secretary
determines should receive security training under section 1408.
(5) Public transportation agency.--The term ``public
transportation agency'' means a publicly owned operator of public
transportation eligible to receive Federal assistance under chapter
53 of title 49, United States Code.
(6) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
SEC. 1403. FINDINGS.
Congress finds that--
(1) 182 public transportation systems throughout the world have
been primary targets of terrorist attacks;
(2) more than 6,000 public transportation agencies operate in
the United States;
(3) people use public transportation vehicles 33,000,000 times
each day;
(4) the Federal Transit Administration has invested
$93,800,000,000 since 1992 for construction and improvements;
(5) the Federal investment in transit security has been
insufficient; and
(6) greater Federal investment in transit security improvements
per passenger boarding is necessary to better protect the American
people, given transit's vital importance in creating mobility and
promoting our Nation's economy.
SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECURITY.
(a) National Strategy.--Not later than 9 months after the date of
enactment of this Act and based upon the previous and ongoing security
assessments conducted by the Department and the Department of
Transportation, the Secretary, consistent with and as required by
section 114(t) of title 49, United States Code, shall develop and
implement the modal plan for public transportation, entitled the
``National Strategy for Public Transportation Security''.
(b) Purpose.--
(1) Guidelines.--In developing the National Strategy for Public
Transportation Security, the Secretary shall establish guidelines
for public transportation security that--
(A) minimize security threats to public transportation
systems; and
(B) maximize the abilities of public transportation systems
to mitigate damage resulting from terrorist attack or other
major incident.
(2) Assessments and consultations.--In developing the National
Strategy for Public Transportation Security, the Secretary shall--
(A) use established and ongoing public transportation
security assessments as the basis of the National Strategy for
Public Transportation Security; and
(B) consult with all relevant stakeholders, including
public transportation agencies, nonprofit labor organizations
representing public transportation employees, emergency
responders, public safety officials, and other relevant
parties.
(c) Contents.--In the National Strategy for Public Transportation
Security, the Secretary shall describe prioritized goals, objectives,
policies, actions, and schedules to improve the security of public
transportation.
(d) Responsibilities.--The Secretary shall include in the National
Strategy for Public Transportation Security a description of the roles,
responsibilities, and authorities of Federal, State, and local
agencies, tribal governments, and appropriate stakeholders. The plan
shall also include--
(1) the identification of, and a plan to address, gaps and
unnecessary overlaps in the roles, responsibilities, and
authorities of Federal agencies; and
(2) a process for coordinating existing or future security
strategies and plans for public transportation, including the
National Infrastructure Protection Plan required by Homeland
Security Presidential Directive-7; Executive Order No. 13416:
Strengthening Surface Transportation Security dated December 5,
2006; the Memorandum of Understanding between the Department and
the Department of Transportation on Roles and Responsibilities
dated September 28, 2004; and subsequent annexes and agreements.
(e) Adequacy of Existing Plans and Strategies.--In developing the
National Strategy for Public Transportation Security, the Secretary
shall use relevant existing risk assessments and strategies developed
by the Department or other Federal agencies, including those developed
or implemented pursuant to section 114(t) of title 49, United States
Code, or Homeland Security Presidential Directive-7.
(f) Funding.--There is authorized to be appropriated to the
Secretary to carry out this section $2,000,000 for fiscal year 2008.
SEC. 1405. SECURITY ASSESSMENTS AND PLANS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
enactment of this Act, the Administrator of the Federal Transit
Administration of the Department of Transportation shall submit all
public transportation security assessments and all other relevant
information to the Secretary.
(2) Secretarial review.--Not later than 60 days after receiving
the submission under paragraph (1), the Secretary shall review and
augment the security assessments received, and conduct additional
security assessments as necessary to ensure that at a minimum, all
high risk public transportation agencies, as determined by the
Secretary, will have a completed security assessment.
(3) Content.--The Secretary shall ensure that each completed
security assessment includes--
(A) identification of critical assets, infrastructure, and
systems and their vulnerabilities; and
(B) identification of any other security weaknesses,
including weaknesses in emergency response planning and
employee training.
(b) Bus and Rural Public Transportation Systems.--Not later than
180 days after the date of enactment of this Act, the Secretary shall--
(1) conduct security assessments, based on a representative
sample, to determine the specific needs of--
(A) local bus-only public transportation systems; and
(B) public transportation systems that receive funds under
section 5311 of title 49, United States Code; and
(2) make the representative assessments available for use by
similarly situated systems.
(c) Security Plans.--
(1) Requirement for plan.--
(A) High risk agencies.--The Secretary shall require public
transportation agencies determined by the Secretary to be at
high risk for terrorism to develop a comprehensive security
plan. The Secretary shall provide technical assistance and
guidance to public transportation agencies in preparing and
implementing security plans under this section.
(B) Other agencies.--Provided that no public transportation
agency that has not been designated high risk shall be required
to develop a security plan, the Secretary may also establish a
security program for public transportation agencies not
designated high risk by the Secretary, to assist those public
transportation agencies which request assistance, including--
(i) guidance to assist such agencies in conducting
security assessments and preparing and implementing
security plans; and
(ii) a process for the Secretary to review and approve
such assessments and plans, as appropriate.
(2) Contents of plan.--The Secretary shall ensure that security
plans include, as appropriate--
(A) a prioritized list of all items included in the public
transportation agency's security assessment that have not yet
been addressed;
(B) a detailed list of any additional capital and
operational improvements identified by the Department or the
public transportation agency and a certification of the public
transportation agency's technical capacity for operating and
maintaining any security equipment that may be identified in
such list;
(C) specific procedures to be implemented or used by the
public transportation agency in response to a terrorist attack,
including evacuation and passenger communication plans and
appropriate evacuation and communication measures for the
elderly and individuals with disabilities;
(D) a coordinated response plan that establishes procedures
for appropriate interaction with State and local law
enforcement agencies, emergency responders, and Federal
officials in order to coordinate security measures and plans
for response in the event of a terrorist attack or other major
incident;
(E) a strategy and timeline for conducting training under
section 1408;
(F) plans for providing redundant and other appropriate
backup systems necessary to ensure the continued operation of
critical elements of the public transportation system in the
event of a terrorist attack or other major incident;
(G) plans for providing service capabilities throughout the
system in the event of a terrorist attack or other major
incident in the city or region which the public transportation
system serves;
(H) methods to mitigate damage within a public
transportation system in case of an attack on the system,
including a plan for communication and coordination with
emergency responders; and
(I) other actions or procedures as the Secretary determines
are appropriate to address the security of the public
transportation system.
(3) Review.--Not later than 6 months after receiving the plans
required under this section, the Secretary shall--
(A) review each security plan submitted;
(B) require the public transportation agency to make any
amendments needed to ensure that the plan meets the
requirements of this section; and
(C) approve any security plan that meets the requirements
of this section.
(4) Exemption.--The Secretary shall not require a public
transportation agency to develop a security plan under paragraph
(1) if the agency does not receive a grant under section 1406.
(5) Waiver.--The Secretary may waive the exemption provided in
paragraph (4) to require a public transportation agency to develop
a security plan under paragraph (1) in the absence of grant funds
under section 1406 if not less than 3 days after making the
determination the Secretary provides the appropriate congressional
committees and the public transportation agency written
notification detailing the need for the security plan, the reasons
grant funding has not been made available, and the reason the
agency has been designated high risk.
(d) Consistency With Other Plans.--The Secretary shall ensure that
the security plans developed by public transportation agencies under
this section are consistent with the security assessments developed by
the Department and the National Strategy for Public Transportation
Security developed under section 1404.
(e) Updates.--Not later than September 30, 2008, and annually
thereafter, the Secretary shall--
(1) update the security assessments referred to in subsection
(a);
(2) update the security improvement priorities required under
subsection (f); and
(3) require public transportation agencies to update the
security plans required under subsection (c) as appropriate.
(f) Security Improvement Priorities.--
(1) In general.--Beginning in fiscal year 2008 and each fiscal
year thereafter, the Secretary, after consultation with management
and nonprofit employee labor organizations representing public
transportation employees as appropriate, and with appropriate State
and local officials, shall utilize the information developed or
received in this section to establish security improvement
priorities unique to each individual public transportation agency
that has been assessed.
(2) Allocations.--The Secretary shall use the security
improvement priorities established in paragraph (1) as the basis
for allocating risk-based grant funds under section 1406, unless
the Secretary notifies the appropriate congressional committees
that the Secretary has determined an adjustment is necessary to
respond to an urgent threat or other significant national security
factors.
(g) Shared Facilities.--The Secretary shall encourage the
development and implementation of coordinated assessments and security
plans to the extent a public transportation agency shares facilities
(such as tunnels, bridges, stations, or platforms) with another public
transportation agency, a freight or passenger railroad carrier, or
over-the-road bus operator that are geographically close or otherwise
co-located.
(h) Nondisclosure of Information.--
(1) Submission of information to congress.--Nothing in this
section shall be construed as authorizing the withholding of any
information from Congress.
(2) Disclosure of independently furnished information.--Nothing
in this section shall be construed as affecting any authority or
obligation of a Federal agency to disclose any record or
information that the Federal agency obtains from a public
transportation agency under any other Federal law.
(i) Determination.--In response to a petition by a public
transportation agency or at the discretion of the Secretary, the
Secretary may recognize existing procedures, protocols, and standards
of a public transportation agency that the Secretary determines meet
all or part of the requirements of this section regarding security
assessments or security plans.
SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.
(a) Security Assistance Program.--
(1) In general.--The Secretary shall establish a program for
making grants to eligible public transportation agencies for
security improvements described in subsection (b).
(2) Eligibility.--A public transportation agency is eligible
for a grant under this section if the Secretary has performed a
security assessment or the agency has developed a security plan
under section 1405. Grant funds shall only be awarded for
permissible uses under subsection (b) to--
(A) address items included in a security assessment; or
(B) further a security plan.
(b) Uses of Funds.--A recipient of a grant under subsection (a)
shall use the grant funds for one or more of the following:
(1) Capital uses of funds, including--
(A) tunnel protection systems;
(B) perimeter protection systems, including access control,
installation of improved lighting, fencing, and barricades;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or explosive
detection systems, including the acquisition of canines used
for such detection;
(E) surveillance equipment;
(F) communications equipment, including mobile service
equipment to provide access to wireless Enhanced 911 (E911)
emergency services in an underground fixed guideway system;
(G) emergency response equipment, including personal
protective equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or tracking and recovery equipment,
and other automated-vehicle-locator-type system equipment;
(J) evacuation improvements;
(K) purchase and placement of bomb-resistant trash cans
throughout public transportation facilities, including subway
exits, entrances, and tunnels;
(L) capital costs associated with security awareness,
security preparedness, and security response training,
including training under section 1408 and exercises under
section 1407;
(M) security improvements for public transportation
systems, including extensions thereto, in final design or under
construction;
(N) security improvements for stations and other public
transportation infrastructure, including stations and other
public transportation infrastructure owned by State or local
governments; and
(O) other capital security improvements determined
appropriate by the Secretary.
(2) Operating uses of funds, including--
(A) security training, including training under section
1408 and training developed by institutions of higher education
and by nonprofit employee labor organizations, for public
transportation employees, including frontline employees;
(B) live or simulated exercises under section 1407;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, radiological, biological,
or explosives detection;
(E) development of security plans under section 1405;
(F) overtime reimbursement including reimbursement of
State, local, and tribal governments, for costs for enhanced
security personnel during significant national and
international public events;
(G) operational costs, including reimbursement of State,
local, and tribal governments for costs for personnel assigned
to full-time or part-time security or counterterrorism duties
related to public transportation, provided that this expense
totals no more than 10 percent of the total grant funds
received by a public transportation agency in any 1 year; and
(H) other operational security costs determined appropriate
by the Secretary, excluding routine, ongoing personnel costs,
other than those set forth in this section.
(c) Department of Homeland Security Responsibilities.--In carrying
out the responsibilities under subsection (a), the Secretary shall--
(1) determine the requirements for recipients of grants under
this section, including application requirements;
(2) pursuant to subsection (a)(2), select the recipients of
grants based solely on risk; and
(3) pursuant to subsection (b), establish the priorities for
which grant funds may be used under this section.
(d) Distribution of Grants.--Not later than 90 days after the date
of enactment of this Act, the Secretary and the Secretary of
Transportation shall determine the most effective and efficient way to
distribute grant funds to the recipients of grants determined by the
Secretary under subsection (a). Subject to the determination made by
the Secretaries, the Secretary may transfer funds to the Secretary of
Transportation for the purposes of disbursing funds to the grant
recipient.
(e) Subject to Certain Terms and Conditions.--Except as otherwise
specifically provided in this section, a grant provided under this
section shall be subject to the terms and conditions applicable to a
grant made under section 5307 of title 49, United States Code, as in
effect on January 1, 2007, and such other terms and conditions as are
determined necessary by the Secretary.
(f) Limitation on Uses of Funds.--Grants made under this section
may not be used to make any State or local government cost-sharing
contribution under any other Federal law.
(g) Annual Reports.--Each recipient of a grant under this section
shall report annually to the Secretary on the use of the grant funds.
(h) Guidelines.--Before distribution of funds to recipients of
grants, the Secretary shall issue guidelines to ensure that, to the
extent that recipients of grants under this section use contractors or
subcontractors, such recipients shall use small, minority, women-owned,
or disadvantaged business concerns as contractors or subcontractors to
the extent practicable.
(i) Coordination With State Homeland Security Plans.--In
establishing security improvement priorities under section 1405 and in
awarding grants for capital security improvements and operational
security improvements under subsection (b), the Secretary shall act
consistently with relevant State homeland security plans.
(j) Multistate Transportation Systems.--In cases in which a public
transportation system operates in more than one State, the Secretary
shall give appropriate consideration to the risks of the entire system,
including those portions of the States into which the system crosses,
in establishing security improvement priorities under section 1405 and
in awarding grants for capital security improvements and operational
security improvements under subsection (b).
(k) Congressional Notification.--Not later than 3 days before the
award of any grant under this section, the Secretary shall notify
simultaneously, the appropriate congressional committees of the intent
to award such grant.
(l) Return of Misspent Grant Funds.--The Secretary shall establish
a process to require the return of any misspent grant funds received
under this section determined to have been spent for a purpose other
than those specified in the grant award.
(m) Authorization of Appropriations.--
(1) There are authorized to be appropriated to the Secretary to
make grants under this section--
(A) such sums as are necessary for fiscal year 2007;
(B) $650,000,000 for fiscal year 2008, except that not more
than 50 percent of such funds may be used for operational costs
under subsection (b)(2);
(C) $750,000,000 for fiscal year 2009, except that not more
than 30 percent of such funds may be used for operational costs
under subsection (b)(2);
(D) $900,000,000 for fiscal year 2010, except that not more
than 20 percent of such funds may be used for operational costs
under subsection (b)(2); and
(E) $1,100,000,000 for fiscal year 2011, except that not
more than 10 percent of such funds may be used for operational
costs under subsection (b)(2).
(2) Period of availability.--Sums appropriated to carry out
this section shall remain available until expended.
(3) Waiver.--The Secretary may waive the limitation on
operational costs specified in subparagraphs (B) through (E) of
paragraph (1) if the Secretary determines that such a waiver is
required in the interest of national security, and if the Secretary
provides a written justification to the appropriate congressional
committees prior to any such action.
(4) Effective date.--Funds provided for fiscal year 2007
transit security grants under Public Law 110-28 shall be allocated
based on security assessments that are in existence as of the date
of enactment of this Act.
SEC. 1407. SECURITY EXERCISES.
(a) In General.--The Secretary shall establish a program for
conducting security exercises for public transportation agencies for
the purpose of assessing and improving the capabilities of entities
described in subsection (b) to prevent, prepare for, mitigate against,
respond to, and recover from acts of terrorism.
(b) Covered Entities.--Entities to be assessed under the program
shall include--
(1) Federal, State, and local agencies and tribal governments;
(2) public transportation agencies;
(3) governmental and nongovernmental emergency response
providers and law enforcement personnel, including transit police;
and
(4) any other organization or entity that the Secretary
determines appropriate.
(c) Requirements.--The Secretary shall ensure that the program--
(1) requires, for public transportation agencies which the
Secretary deems appropriate, exercises to be conducted that are--
(A) scaled and tailored to the needs of specific public
transportation systems, and include taking into account the
needs of the elderly and individuals with disabilities;
(B) live;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current risk
assessments, including credible threats, vulnerabilities, and
consequences;
(E) inclusive, as appropriate, of frontline employees and
managers; and
(F) consistent with the National Incident Management
System, the National Response Plan, the National Infrastructure
Protection Plan, the National Preparedness Guidance, the
National Preparedness Goal, and other such national
initiatives;
(2) provides that exercises described in paragraph (1) will
be--
(A) evaluated by the Secretary against clear and consistent
performance measures;
(B) assessed by the Secretary to learn best practices,
which shall be shared with appropriate Federal, State, local,
and tribal officials, governmental and nongovernmental
emergency response providers, law enforcement personnel,
including railroad and transit police, and appropriate
stakeholders; and
(C) followed by remedial action by covered entities in
response to lessons learned;
(3) involves individuals in neighborhoods around the
infrastructure of a public transportation system; and
(4) assists State, local, and tribal governments and public
transportation agencies in designing, implementing, and evaluating
exercises that conform to the requirements of paragraph (2).
(d) National Exercise Program.--The Secretary shall ensure that the
exercise program developed under subsection (a) is a component of the
National Exercise Program established under section 648 of the Post
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
748).
(e) Ferry System Exemption.--This section does not apply to any
ferry system for which drills are required to be conducted pursuant to
section 70103 of title 46, United States Code.
SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Secretary shall develop and issue detailed interim
final regulations, and not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and issue detailed
final regulations, for a public transportation security training
program to prepare public transportation employees, including frontline
employees, for potential security threats and conditions.
(b) Consultation.--The Secretary shall develop the interim final
and final regulations under subsection (a) in consultation with--
(1) appropriate law enforcement, fire service, security, and
terrorism experts;
(2) representatives of public transportation agencies; and
(3) nonprofit employee labor organizations representing public
transportation employees or emergency response personnel.
(c) Program Elements.--The interim final and final regulations
developed under subsection (a) shall require security training programs
to include, at a minimum, elements to address the following:
(1) Determination of the seriousness of any occurrence or
threat.
(2) Crew and passenger communication and coordination.
(3) Appropriate responses to defend oneself, including using
nonlethal defense devices.
(4) Use of personal protective devices and other protective
equipment.
(5) Evacuation procedures for passengers and employees,
including individuals with disabilities and the elderly.
(6) Training related to behavioral and psychological
understanding of, and responses to, terrorist incidents, including
the ability to cope with hijacker behavior, and passenger
responses.
(7) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(8) Recognition and reporting of dangerous substances and
suspicious packages, persons, and situations.
(9) Understanding security incident procedures, including
procedures for communicating with governmental and nongovernmental
emergency response providers and for on scene interaction with such
emergency response providers.
(10) Operation and maintenance of security equipment and
systems.
(11) Other security training activities that the Secretary
deems appropriate.
(d) Required Programs.--
(1) Development and submission to secretary.--Not later than 90
days after a public transportation agency meets the requirements
under subsection (e), each such public transportation agency shall
develop a security training program in accordance with the
regulations developed under subsection (a) and submit the program
to the Secretary for approval.
(2) Approval.--Not later than 60 days after receiving a
security training program proposal under this subsection, the
Secretary shall approve the program or require the public
transportation agency that developed the program to make any
revisions to the program that the Secretary determines necessary
for the program to meet the requirements of the regulations. A
public transportation agency shall respond to the Secretary's
comments within 30 days after receiving them.
(3) Training.--Not later than 1 year after the Secretary
approves a security training program proposal in accordance with
this subsection, the public transportation agency that developed
the program shall complete the training of all employees covered
under the program.
(4) Updates of regulations and program revisions.--The
Secretary shall periodically review and update, as appropriate, the
training regulations issued under subsection (a) to reflect new or
changing security threats. Each public transportation agency shall
revise its training program accordingly and provide additional
training as necessary to its workers within a reasonable time after
the regulations are updated.
(e) Applicability.--A public transportation agency that receives a
grant award under this title shall be required to develop and implement
a security training program pursuant to this section.
(f) Long-Term Training Requirement.--Any public transportation
agency required to develop a security training program pursuant to this
section shall provide routine and ongoing training for employees
covered under the program, regardless of whether the public
transportation agency receives subsequent grant awards.
(g) National Training Program.--The Secretary shall ensure that the
training program developed under subsection (a) is a component of the
National Training Program established under section 648 of the Post
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
748).
(h) Ferry Exemption.--This section shall not apply to any ferry
system for which training is required to be conducted pursuant to
section 70103 of title 46, United States Code.
(i) Report.--Not later than 2 years after the date of issuance of
the final regulation, the Comptroller General shall review
implementation of the training program, including interviewing a
representative sample of public transportation agencies and employees,
and report to the appropriate congressional committees, on the number
of reviews conducted and the results. The Comptroller General may
submit the report in both classified and redacted formats as necessary.
SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary shall carry out a research and development program through
the Homeland Security Advanced Research Projects Agency in the Science
and Technology Directorate and in consultation with the Transportation
Security Administration and with the Federal Transit Administration,
for the purpose of improving the security of public transportation
systems.
(b) Grants and Contracts Authorized.--The Secretary shall award
grants or contracts to public or private entities to conduct research
and demonstrate technologies and methods to reduce and deter terrorist
threats or mitigate damages resulting from terrorist attacks against
public transportation systems.
(c) Use of Funds.--Grants or contracts awarded under subsection
(a)--
(1) shall be coordinated with activities of the Homeland
Security Advanced Research Projects Agency; and
(2) may be used to--
(A) research chemical, biological, radiological, or
explosive detection systems that do not significantly impede
passenger access;
(B) research imaging technologies;
(C) conduct product evaluations and testing;
(D) improve security and redundancy for critical
communications, electrical power, and computer and train
control systems;
(E) develop technologies for securing tunnels, transit
bridges and aerial structures;
(F) research technologies that mitigate damages in the
event of a cyber attack; and
(G) research other technologies or methods for reducing or
deterring terrorist attacks against public transportation
systems, or mitigating damage from such attacks.
(d) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In carrying out research and development
projects under this section, the Secretary shall consult with the
Chief Privacy Officer of the Department and the Officer for Civil
Rights and Civil Liberties of the Department, as appropriate, and
in accordance with section 222 of the Homeland Security Act of 2002
(6 U.S.C. 142).
(2) Privacy impact assessments.--In accordance with sections
222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142;
345), the Chief Privacy Officer shall conduct privacy impact
assessments and the Officer for Civil Rights and Civil Liberties
shall conduct reviews, as appropriate, for research and development
initiatives developed under this section.
(e) Reporting Requirement.--Each entity that is awarded a grant or
contract under this section shall report annually to the Department on
the use of grant or contract funds received under this section to
ensure that the awards made are expended in accordance with the
purposes of this title and the priorities developed by the Secretary.
(f) Coordination.--The Secretary shall ensure that the research is
consistent with the priorities established in the National Strategy for
Public Transportation Security and is coordinated, to the extent
practicable, with other Federal, State, local, tribal, and private
sector public transportation, railroad, commuter railroad, and over-
the-road bus research initiatives to leverage resources and avoid
unnecessary duplicative efforts.
(g) Return of Misspent Grant or Contract Funds.--If the Secretary
determines that a grantee or contractor used any portion of the grant
or contract funds received under this section for a purpose other than
the allowable uses specified under subsection (c), the grantee or
contractor shall return any amount so used to the Treasury of the
United States.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to make grants under this section--
(1) such sums as necessary for fiscal year 2007;
(2) $25,000,000 for fiscal year 2008;
(3) $25,000,000 for fiscal year 2009;
(4) $25,000,000 for fiscal year 2010; and
(5) $25,000,000 for fiscal year 2011.
SEC. 1410. INFORMATION SHARING.
(a) Intelligence Sharing.--The Secretary shall ensure that the
Department of Transportation receives appropriate and timely
notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Authorization.--The Secretary shall provide for the
reasonable costs of the Information Sharing and Analysis Center for
Public Transportation (referred to in this subsection as the
``ISAC'').
(2) Participation.--The Secretary--
(A) shall require public transportation agencies that the
Secretary determines to be at high risk of terrorist attack to
participate in the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC;
(C) shall encourage the participation of nonprofit employee
labor organizations representing public transportation
employees, as appropriate; and
(D) shall not charge a fee for participating in the ISAC.
(c) Report.--The Comptroller General shall report, not less than 3
years after the date of enactment of this Act, to the appropriate
congressional committees, as to the value and efficacy of the ISAC
along with any other public transportation information-sharing programs
ongoing at the Department. The report shall include an analysis of the
user satisfaction of public transportation agencies on the state of
information-sharing and the value that each system provides the user,
the costs and benefits of all centers and programs, the coordination
among centers and programs, how each center or program contributes to
implementing the information sharing plan under section 1203, and
analysis of the extent to which the ISAC is duplicative with the
Department's information-sharing program.
(d) Authorization.--
(1) In general.--There are authorized to be appropriated to the
Secretary to carry out this section--
(A) $600,000 for fiscal year 2008;
(B) $600,000 for fiscal year 2009;
(C) $600,000 for fiscal year 2010; and
(D) such sums as may be necessary for 2011, provided the
report required in subsection (c) of this section has been
submitted to Congress.
(2) Availability of funds.--Such sums shall remain available
until expended.
SEC. 1411. THREAT ASSESSMENTS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall complete a name-based security background check against
the consolidated terrorist watchlist and an immigration status check
for all public transportation frontline employees, similar to the
threat assessment screening program required for facility employees and
longshoremen by the Commandant of the Coast Guard under Coast Guard
Notice USCG-2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).
SEC. 1412. REPORTING REQUIREMENTS.
(a) Annual Report to Congress.--
(1) In general.--Not later than March 31 of each year, the
Secretary shall submit a report, containing the information
described in paragraph (2), to the appropriate congressional
committees.
(2) Contents.--The report submitted under paragraph (1) shall
include--
(A) a description of the implementation of the provisions
of this title;
(B) the amount of funds appropriated to carry out the
provisions of this title that have not been expended or
obligated;
(C) the National Strategy for Public Transportation
Security required under section 1404;
(D) an estimate of the cost to implement the National
Strategy for Public Transportation Security which shall break
out the aggregated total cost of needed capital and operational
security improvements for fiscal years 2008-2018; and
(E) the state of public transportation security in the
United States, which shall include detailing the status of
security assessments, the progress being made around the
country in developing prioritized lists of security
improvements necessary to make public transportation facilities
and passengers more secure, the progress being made by agencies
in developing security plans and how those plans differ from
the security assessments and a prioritized list of security
improvements being compiled by other agencies, as well as a
random sample of an equal number of large- and small-scale
projects currently underway.
(3) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines that
such action is appropriate or necessary.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 of each year, the
Secretary shall submit a report to the Governor of each State with
a public transportation agency that has received a grant under this
Act.
(2) Contents.--The report submitted under paragraph (1) shall
specify--
(A) the amount of grant funds distributed to each such
public transportation agency; and
(B) the use of such grant funds.
SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.
(a) In General.--A public transportation agency, a contractor or a
subcontractor of such agency, or an officer or employee of such agency,
shall not discharge, demote, suspend, reprimand, or in any other way
discriminate against an employee if such discrimination is due, in
whole or in part, to the employee's lawful, good faith act done, or
perceived by the employer to have been done or about to be done--
(1) to provide information, directly cause information to be
provided, or otherwise directly assist in any investigation
regarding any conduct which the employee reasonably believes
constitutes a violation of any Federal law, rule, or regulation
relating to public transportation safety or security, or fraud,
waste, or abuse of Federal grants or other public funds intended to
be used for public transportation safety or security, if the
information or assistance is provided to or an investigation
stemming from the provided information is conducted by--
(A) a Federal, State, or local regulatory or law
enforcement agency (including an office of the Inspector
General under the Inspector General Act of 1978 (5 U.S.C. App.;
Public Law 95-452);
(B) any Member of Congress, any Committee of Congress, or
the Government Accountability Office; or
(C) a person with supervisory authority over the employee
or such other person who has the authority to investigate,
discover, or terminate the misconduct;
(2) to refuse to violate or assist in the violation of any
Federal law, rule, or regulation relating to public transportation
safety or security;
(3) to file a complaint or directly cause to be brought a
proceeding related to the enforcement of this section or to testify
in that proceeding;
(4) to cooperate with a safety or security investigation by the
Secretary of Transportation, the Secretary of Homeland Security, or
the National Transportation Safety Board; or
(5) to furnish information to the Secretary of Transportation,
the Secretary of Homeland Security, the National Transportation
Safety Board, or any Federal, State, or local regulatory or law
enforcement agency as to the facts relating to any accident or
incident resulting in injury or death to an individual or damage to
property occurring in connection with public transportation.
(b) Hazardous Safety or Security Conditions.--(1) A public
transportation agency, or a contractor or a subcontractor of such
agency, or an officer or employee of such agency, shall not discharge,
demote, suspend, reprimand, or in any other way discriminate against an
employee for--
(A) reporting a hazardous safety or security condition;
(B) refusing to work when confronted by a hazardous safety or
security condition related to the performance of the employee's
duties, if the conditions described in paragraph (2) exist; or
(C) refusing to authorize the use of any safety- or security-
related equipment, track, or structures, if the employee is
responsible for the inspection or repair of the equipment, track,
or structures, when the employee believes that the equipment,
track, or structures are in a hazardous safety or security
condition, if the conditions described in paragraph (2) of this
subsection exist.
(2) A refusal is protected under paragraph (1)(B) and (C) if--
(A) the refusal is made in good faith and no reasonable
alternative to the refusal is available to the employee;
(B) a reasonable individual in the circumstances then
confronting the employee would conclude that--
(i) the hazardous condition presents an imminent danger of
death or serious injury; and
(ii) the urgency of the situation does not allow sufficient
time to eliminate the danger without such refusal; and
(C) the employee, where possible, has notified the public
transportation agency of the existence of the hazardous condition
and the intention not to perform further work, or not to authorize
the use of the hazardous equipment, track, or structures, unless
the condition is corrected immediately or the equipment, track, or
structures are repaired properly or replaced.
(3) In this subsection, only subsection (b)(1)(A) shall apply to
security personnel, including transit police, employed or utilized by a
public transportation agency to protect riders, equipment, assets, or
facilities.
(c) Enforcement Action.--
(1) Filing and notification.--A person who believes that he or
she has been discharged or otherwise discriminated against by any
person in violation of subsection (a) or (b) may, not later than
180 days after the date on which such violation occurs, file (or
have any person file on his or her behalf) a complaint with the
Secretary of Labor alleging such discharge or discrimination. Upon
receipt of a complaint filed under this paragraph, the Secretary of
Labor shall notify, in writing, the person named in the complaint
and the person's employer of the filing of the complaint, of the
allegations contained in the complaint, of the substance of
evidence supporting the complaint, and of the opportunities that
will be afforded to such person under paragraph (2).
(2) Investigation; preliminary order.--
(A) In general.--Not later than 60 days after the date of
receipt of a complaint filed under paragraph (1) and after
affording the person named in the complaint an opportunity to
submit to the Secretary of Labor a written response to the
complaint and an opportunity to meet with a representative of
the Secretary of Labor to present statements from witnesses,
the Secretary of Labor shall conduct an investigation and
determine whether there is reasonable cause to believe that the
complaint has merit and notify, in writing, the complainant and
the person alleged to have committed a violation of subsection
(a) or (b) of the Secretary of Labor's findings. If the
Secretary of Labor concludes that there is a reasonable cause
to believe that a violation of subsection (a) or (b) has
occurred, the Secretary of Labor shall accompany the Secretary
of Labor's findings with a preliminary order providing the
relief prescribed by paragraph (3)(B). Not later than 30 days
after the date of notification of findings under this
paragraph, either the person alleged to have committed the
violation or the complainant may file objections to the
findings or preliminary order, or both, and request a hearing
on the record. The filing of such objections shall not operate
to stay any reinstatement remedy contained in the preliminary
order. Such hearings shall be conducted expeditiously. If a
hearing is not requested in such 30-day period, the preliminary
order shall be deemed a final order that is not subject to
judicial review.
(B) Requirements.--
(i) Required showing by complainant.--The Secretary of
Labor shall dismiss a complaint filed under this subsection
and shall not conduct an investigation otherwise required
under subparagraph (A) unless the complainant makes a prima
facie showing that any behavior described in subsection (a)
or (b) was a contributing factor in the unfavorable
personnel action alleged in the complaint.
(ii) Showing by employer.--Notwithstanding a finding by
the Secretary of Labor that the complainant has made the
showing required under clause (i), no investigation
otherwise required under paragraph (A) shall be conducted
if the employer demonstrates, by clear and convincing
evidence, that the employer would have taken the same
unfavorable personnel action in the absence of that
behavior.
(iii) Criteria for determination by secretary of
labor.--The Secretary of Labor may determine that a
violation of subsection (a) or (b) has occurred only if the
complainant demonstrates that any behavior described in
subsection (a) or (b) was a contributing factor in the
unfavorable personnel action alleged in the complaint.
(iv) Prohibition.--Relief may not be ordered under
paragraph (A) if the employer demonstrates by clear and
convincing evidence that the employer would have taken the
same unfavorable personnel action in the absence of that
behavior.
(3) Final order.--
(A) Deadline for issuance; settlement agreements.--Not
later than 120 days after the date of conclusion of a hearing
under paragraph (2), the Secretary of Labor shall issue a final
order providing the relief prescribed by this paragraph or
denying the complaint. At any time before issuance of a final
order, a proceeding under this subsection may be terminated on
the basis of a settlement agreement entered into by the
Secretary of Labor, the complainant, and the person alleged to
have committed the violation.
(B) Remedy.--If, in response to a complaint filed under
paragraph (1), the Secretary of Labor determines that a
violation of subsection (a) or (b) has occurred, the Secretary
of Labor shall order the person who committed such violation
to--
(i) take affirmative action to abate the violation; and
(ii) provide the remedies described in subsection (d).
(C) Order.--If an order is issued under subparagraph (B),
the Secretary of Labor, at the request of the complainant,
shall assess against the person against whom the order is
issued a sum equal to the aggregate amount of all costs and
expenses (including attorney and expert witness fees)
reasonably incurred, as determined by the Secretary of Labor,
by the complainant for, or in connection with, bringing the
complaint upon which the order was issued.
(D) Frivolous complaints.--If the Secretary of Labor finds
that a complaint under paragraph (1) is frivolous or has been
brought in bad faith, the Secretary of Labor may award to the
prevailing employer reasonable attorney fees not exceeding
$1,000.
(4) Review.--
(A) Appeal to court of appeals.--Any person adversely
affected or aggrieved by an order issued under paragraph (3)
may obtain review of the order in the United States Court of
Appeals for the circuit in which the violation, with respect to
which the order was issued, allegedly occurred or the circuit
in which the complainant resided on the date of such violation.
The petition for review must be filed not later than 60 days
after the date of the issuance of the final order of the
Secretary of Labor. Review shall conform to chapter 7 of title
5, United States Code. The commencement of proceedings under
this subparagraph shall not, unless ordered by the court,
operate as a stay of the order.
(B) Limitation on collateral attack.--An order of the
Secretary of Labor with respect to which review could have been
obtained under subparagraph (A) shall not be subject to
judicial review in any criminal or other civil proceeding.
(5) Enforcement of order by secretary of labor.--Whenever any
person has failed to comply with an order issued under paragraph
(3), the Secretary of Labor may file a civil action in the United
States district court for the district in which the violation was
found to occur to enforce such order. In actions brought under this
paragraph, the district courts shall have jurisdiction to grant all
appropriate relief including, but not limited to, injunctive relief
and compensatory damages.
(6) Enforcement of order by parties.--
(A) Commencement of action.--A person on whose behalf an
order was issued under paragraph (3) may commence a civil
action against the person to whom such order was issued to
require compliance with such order. The appropriate United
States district court shall have jurisdiction, without regard
to the amount in controversy or the citizenship of the parties,
to enforce such order.
(B) Attorney fees.--The court, in issuing any final order
under this paragraph, may award costs of litigation (including
reasonable attorney and expert witness fees) to any party
whenever the court determines such award is appropriate.
(7) De novo review.--With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a final
decision within 210 days after the filing of the complaint and if
the delay is not due to the bad faith of the employee, the employee
may bring an original action at law or equity for de novo review in
the appropriate district court of the United States, which shall
have jurisdiction over such an action without regard to the amount
in controversy, and which action shall, at the request of either
party to such action, be tried by the court with a jury. The action
shall be governed by the same legal burdens of proof specified in
paragraph (2)(B) for review by the Secretary of Labor.
(d) Remedies.--
(1) In general.--An employee prevailing in any action under
subsection (c) shall be entitled to all relief necessary to make
the employee whole.
(2) Damages.--Relief in an action under subsection (c)
(including an action described in (c)(7)) shall include--
(A) reinstatement with the same seniority status that the
employee would have had, but for the discrimination;
(B) any backpay, with interest; and
(C) compensatory damages, including compensation for any
special damages sustained as a result of the discrimination,
including litigation costs, expert witness fees, and reasonable
attorney fees.
(3) Possible relief.--Relief in any action under subsection (c)
may include punitive damages in an amount not to exceed $250,000.
(e) Election of Remedies.--An employee may not seek protection
under both this section and another provision of law for the same
allegedly unlawful act of the public transportation agency.
(f) No Preemption.--Nothing in this section preempts or diminishes
any other safeguards against discrimination, demotion, discharge,
suspension, threats, harassment, reprimand, retaliation, or any other
manner of discrimination provided by Federal or State law.
(g) Rights Retained by Employee.--Nothing in this section shall be
construed to diminish the rights, privileges, or remedies of any
employee under any Federal or State law or under any collective
bargaining agreement. The rights and remedies in this section may not
be waived by any agreement, policy, form, or condition of employment.
(h) Disclosure of Identity.--
(1) Except as provided in paragraph (2) of this subsection, or
with the written consent of the employee, the Secretary of
Transportation or the Secretary of Homeland Security may not
disclose the name of an employee who has provided information
described in subsection (a)(1).
(2) The Secretary of Transportation or the Secretary of
Homeland Security shall disclose to the Attorney General the name
of an employee described in paragraph (1) of this subsection if the
matter is referred to the Attorney General for enforcement. The
Secretary making such disclosure shall provide reasonable advance
notice to the affected employee if disclosure of that person's
identity or identifying information is to occur.
(i) Process for Reporting Security Problems to the Department of
Homeland Security.--
(1) Establishment of process.--The Secretary shall establish
through regulations after an opportunity for notice and comment,
and provide information to the public regarding, a process by which
any person may submit a report to the Secretary regarding public
transportation security problems, deficiencies, or vulnerabilities.
(2) Acknowledgment of receipt.--If a report submitted under
paragraph (1) identifies the person making the report, the
Secretary shall respond promptly to such person and acknowledge
receipt of the report.
(3) Steps to address problem.--The Secretary shall review and
consider the information provided in any report submitted under
paragraph (1) and shall take appropriate steps to address any
problems or deficiencies identified.
SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS FOR PUBLIC
TRANSPORTATION.
(a) Definitions.--In this section, the following definitions apply:
(1) Security background check.--The term ``security background
check'' means reviewing the following for the purpose of
identifying individuals who may pose a threat to transportation
security, national security, or of terrorism:
(A) Relevant criminal history databases.
(B) In the case of an alien (as defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), the
relevant databases to determine the status of the alien under
the immigration laws of the United States.
(C) Other relevant information or databases, as determined
by the Secretary.
(2) Covered individual.--The term ``covered individual'' means
an employee of a public transportation agency or a contractor or
subcontractor of a public transportation agency.
(b) Guidance.--
(1) Any guidance, recommendations, suggested action items, or
any other widely disseminated voluntary action item issued by the
Secretary to a public transportation agency or a contractor or
subcontractor of a public transportation agency relating to
performing a security background check of a covered individual
shall contain recommendations on the appropriate scope and
application of such a security background check, including the time
period covered, the types of disqualifying offenses, and a redress
process for adversely impacted covered individuals consistent with
subsections (c) and (d) of this section.
(2) Not later than 60 days after the date of enactment of this
Act, any guidance, recommendations, suggested action items, or any
other widely disseminated voluntary action item issued by the
Secretary prior to the date of enactment of this Act to a public
transportation agency or a contractor or subcontractor of a public
transportation agency relating to performing a security background
check of a covered individual shall be updated in compliance with
paragraph (b)(1).
(3) If a public transportation agency or a contractor or
subcontractor of a public transportation agency performs a security
background check on a covered individual to fulfill guidance issued
by the Secretary under paragraph (1) or (2), the Secretary shall
not consider such guidance fulfilled unless an adequate redress
process as described in subsection (d) is provided to covered
individuals.
(c) Requirements.--If the Secretary issues a rule, regulation or
directive requiring a public transportation agency or contractor or
subcontractor of a public transportation agency to perform a security
background check of a covered individual, then the Secretary shall
prohibit a public transportation agency or contractor or subcontractor
of a public transportation agency from making an adverse employment
decision, including removal or suspension of the employee, due to such
rule, regulation, or directive with respect to a covered individual
unless the public transportation agency or contractor or subcontractor
of a public transportation agency determines that the covered
individual--
(1) has been convicted of, has been found not guilty of by
reason of insanity, or is under want, warrant, or indictment for a
permanent disqualifying criminal offense listed in part 1572 of
title 49, Code of Federal Regulations;
(2) was convicted of or found not guilty by reason of insanity
of an interim disqualifying criminal offense listed in part 1572 of
title 49, Code of Federal Regulations, within 7 years of the date
that the public transportation agency or contractor or
subcontractor of the public transportation agency performs the
security background check; or
(3) was incarcerated for an interim disqualifying criminal
offense listed in part 1572 of title 49, Code of Federal
Regulations, and released from incarceration within 5 years of the
date that the public transportation agency or contractor or
subcontractor of a public transportation agency performs the
security background check.
(d) Redress Process.--If the Secretary issues a rule, regulation,
or directive requiring a public transportation agency or contractor or
subcontractor of a public transportation agency to perform a security
background check of a covered individual, the Secretary shall--
(1) provide an adequate redress process for a covered
individual subjected to an adverse employment decision, including
removal or suspension of the employee, due to such rule,
regulation, or directive that is consistent with the appeals and
waiver process established for applicants for commercial motor
vehicle hazardous materials endorsements and transportation workers
at ports, as required by section 70105(c) of title 49, United
States Code; and
(2) have the authority to order an appropriate remedy,
including reinstatement of the covered individual, should the
Secretary determine that a public transportation agency or
contractor or subcontractor of a public transportation agency
wrongfully made an adverse employment decision regarding a covered
individual pursuant to such rule, regulation, or directive.
(e) False Statements.--A public transportation agency or a
contractor or subcontractor of a public transportation agency may not
knowingly misrepresent to an employee or other relevant person,
including an arbiter involved in a labor arbitration, the scope,
application, or meaning of any rules, regulations, directives, or
guidance issued by the Secretary related to security background check
requirements for covered individuals when conducting a security
background check. Not later than 1 year after the date of enactment of
this Act, the Secretary shall issue a regulation that prohibits a
public transportation agency or a contractor or subcontractor of a
public transportation agency from knowingly misrepresenting to an
employee or other relevant person, including an arbiter involved in a
labor arbitration, the scope, application, or meaning of any rules,
regulations, directives, or guidance issued by the Secretary related to
security background check requirements for covered individuals when
conducting a security background check.
(f) Rights and Responsibilities.--Nothing in this section shall be
construed to abridge a public transportation agency's or a contractor
or subcontractor of a public transportation agency's rights or
responsibilities to make adverse employment decisions permitted by
other Federal, State, or local laws. Nothing in the section shall be
construed to abridge rights and responsibilities of covered
individuals, a public transportation agency, or a contractor or
subcontractor of a public transportation agency under any other
Federal, State, or local laws or collective bargaining agreement.
(g) No Preemption of Federal or State Law.--Nothing in this section
shall be construed to preempt a Federal, State, or local law that
requires criminal history background checks, immigration status checks,
or other background checks of covered individuals.
(h) Statutory Construction.--Nothing in this section shall be
construed to affect the process for review established under section
70105(c) of title 46, United States Code, including regulations issued
pursuant to such section.
SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES.
(a) Inspectors.--Surface transportation inspectors shall be
prohibited from issuing fines to public transportation agencies for
violations of the Department's regulations or orders except through the
process described in subsection (b).
(b) Civil Penalties.--The Secretary shall be prohibited from
assessing civil penalties against public transportation agencies for
violations of the Department's regulations or orders, except in
accordance with the following:
(1) In the case of a public transportation agency that is found
to be in violation of a regulation or order issued by the
Secretary, the Secretary shall seek correction of the violation
through a written notice to the public transportation agency and
shall give the public transportation agency reasonable opportunity
to correct the violation or propose an alternative means of
compliance acceptable to the Secretary.
(2) If the public transportation agency does not correct the
violation or propose an alternative means of compliance acceptable
to the Secretary within a reasonable time period that is specified
in the written notice, the Secretary may take any action authorized
in section 114 of title 49, United States Code, as amended by this
Act.
(c) Limitation on Secretary.--The Secretary shall not initiate
civil enforcement actions for violations of administrative and
procedural requirements pertaining to the application for and
expenditure of funds awarded under transportation security grant
programs under this title.
TITLE XV--SURFACE TRANSPORTATION SECURITY
Subtitle A--General Provisions
SEC. 1501. DEFINITIONS.
In this title, the following definitions apply:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Commerce, Science, and Transportation and the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee
on Homeland Security and the Committee on Transportation and
Infrastructure of the House of Representatives.
(2) Secretary.--The term ``Secretary'' means the Secretary of
Homeland Security.
(3) Department.--The term ``Department'' means the Department
of Homeland Security.
(4) Over-the-road bus.--The term ``over-the-road bus'' means a
bus characterized by an elevated passenger deck located over a
baggage compartment.
(5) Over-the-road bus frontline employees.--In this section,
the term ``over-the-road bus frontline employees'' means over-the-
road bus drivers, security personnel, dispatchers, maintenance and
maintenance support personnel, ticket agents, other terminal
employees, and other employees of an over-the-road bus operator or
terminal owner or operator that the Secretary determines should
receive security training under this title.
(6) Railroad frontline employees.--In this section, the term
``railroad frontline employees'' means security personnel,
dispatchers, locomotive engineers, conductors, trainmen, other
onboard employees, maintenance and maintenance support personnel,
bridge tenders, and any other employees of railroad carriers that
the Secretary determines should receive security training under
this title.
(7) Railroad.--The term ``railroad'' has the meaning that term
has in section 20102 of title 49, United States Code.
(8) Railroad carrier.--The term ``railroad carrier'' has the
meaning that term has in section 20102 of title 49, United States
Code.
(9) State.--The term ``State'' means any one of the 50 States,
the District of Columbia, Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any other
territory or possession of the United States.
(10) Terrorism.--The term ``terrorism'' has the meaning that
term has in section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101).
(11) Transportation.--The term ``transportation'', as used with
respect to an over-the-road bus, means the movement of passengers
or property by an over-the-road bus--
(A) in the jurisdiction of the United States between a
place in a State and a place outside the State (including a
place outside the United States); or
(B) in a State that affects trade, traffic, and
transportation described in subparagraph (A).
(12) United states.--The term ``United States'' means the 50
States, the District of Columbia, Puerto Rico, the Northern Mariana
Islands, the Virgin Islands, Guam, American Samoa, and any other
territory or possession of the United States.
(13) Security-sensitive material.--The term ``security-
sensitive material'' means a material, or a group or class of
material, in a particular amount and form that the Secretary, in
consultation with the Secretary of Transportation, determines,
through a rulemaking with opportunity for public comment, poses a
significant risk to national security while being transported in
commerce due to the potential use of the material in an act of
terrorism. In making such a designation, the Secretary shall, at a
minimum, consider the following:
(A) Class 7 radioactive materials.
(B) Division 1.1, 1.2, or 1.3 explosives.
(C) Materials poisonous or toxic by inhalation, including
Division 2.3 gases and Division 6.1 materials.
(D) A select agent or toxin regulated by the Centers for
Disease Control and Prevention under part 73 of title 42, Code
of Federal Regulations.
(14) Disadvantaged business concerns.--The term ``disadvantaged
business concerns'' means small businesses that are owned and
controlled by socially and economically disadvantaged individuals
as defined in section 124, of title 13, Code of Federal
Regulations.
(15) Amtrak.--The term ``Amtrak'' means the National Railroad
Passenger Corporation.
SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary, in coordination with
Secretary of Transportation for grants awarded to Amtrak, shall
establish necessary procedures, including monitoring and audits, to
ensure that grants made under this title are expended in accordance
with the purposes of this title and the priorities and other criteria
developed by the Secretary.
(b) Additional Audits and Reviews.--The Secretary, and the
Secretary of Transportation for grants awarded to Amtrak, may award
contracts to undertake additional audits and reviews of the safety,
security, procurement, management, and financial compliance of a
recipient of amounts under this title.
(c) Procedures for Grant Award.--Not later than 180 days after the
date of enactment of this Act, the Secretary shall prescribe procedures
and schedules for the awarding of grants under this title, including
application and qualification procedures, and a record of decision on
applicant eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary and shall
be consistent, to the extent practicable, with the grant procedures
established under section 70107(i) and (j) of title 46, United States
Code.
(d) Additional Authority.--
(1) Issuance.--The Secretary may issue non-binding letters of
intent to recipients of a grant under this title, to commit funding
from future budget authority of an amount, not more than the
Federal Government's share of the project's cost, for a capital
improvement project.
(2) Schedule.--The letter of intent under this subsection shall
establish a schedule under which the Secretary will reimburse the
recipient for the Government's share of the project's costs, as
amounts become available, if the recipient, after the Secretary
issues that letter, carries out the project without receiving
amounts under a grant issued under this title.
(3) Notice to secretary.--A recipient that has been issued a
letter of intent under this section shall notify the Secretary of
the recipient's intent to carry out a project before the project
begins.
(4) Notice to congress.--The Secretary shall transmit to the
appropriate congressional committees a written notification at
least 5 days before the issuance of a letter of intent under this
subsection.
(5) Limitations.--A letter of intent issued under this
subsection is not an obligation of the Federal Government under
section 1501 of title 31, United States Code, and the letter is not
deemed to be an administrative commitment for financing. An
obligation or administrative commitment may be made only as amounts
are provided in authorization and appropriations laws.
(e) Return of Misspent Grant Funds.--As part of the grant agreement
under subsection (c), the Secretary shall require grant applicants to
return any misspent grant funds received under this title that the
Secretary considers to have been spent for a purpose other than those
specified in the grant award. The Secretary shall take all necessary
actions to recover such funds.
(f) Congressional Notification.--Not later than 5 days before the
award of any grant is made under this title, the Secretary shall notify
the appropriate congressional committees of the intent to award such
grant.
(g) Guidelines.--The Secretary shall ensure, to the extent
practicable, that grant recipients under this title who use contractors
or subcontractors use small, minority, women-owned, or disadvantaged
business concerns as contractors or subcontractors when appropriate.
SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--Section
114 of title 49, United States Code, as amended by section 1302 of this
Act, is further amended by adding at the end the following:
``(w) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security for--
``(1) railroad security--
``(A) $488,000,000 for fiscal year 2008;
``(B) $483,000,000 for fiscal year 2009;
``(C) $508,000,000 for fiscal year 2010; and
``(D) $508,000,000 for fiscal year 2011;
``(2) over-the-road bus and trucking security--
``(A) $14,000,000 for fiscal year 2008;
``(B) $27,000,000 for fiscal year 2009;
``(C) $27,000,000 for fiscal year 2010; and
``(D) $27,000,000 for fiscal year 2011; and
``(3) hazardous material and pipeline security--
``(A) $12,000,000 for fiscal year 2008;
``(B) $12,000,000 for fiscal year 2009; and
``(C) $12,000,000 for fiscal year 2010.''.
(b) Department of Transportation.--There are authorized to be
appropriated to the Secretary of Transportation to carry out section
1515--
(1) $38,000,000 for fiscal year 2008;
(2) $40,000,000 for fiscal year 2009;
(3) $55,000,000 for fiscal year 2010; and
(4) $70,000,000 for fiscal year 2011.
SEC. 1504. PUBLIC AWARENESS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall develop a national plan for railroad and over-the-
road bus security public outreach and awareness. Such a plan shall be
designed to increase awareness of measures that the general public,
passengers, and employees of railroad carriers and over-the-road bus
operators can take to increase the security of the national railroad
and over-the-road bus transportation systems. Such a plan shall also
provide outreach to railroad carriers and over-the-road bus operators
and their employees to improve their awareness of available
technologies, ongoing research and development efforts, and available
Federal funding sources to improve security. Not later than 9 months
after the date of enactment of this Act, the Secretary shall implement
the plan developed under this section.
Subtitle B--Railroad Security
SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT AND
NATIONAL STRATEGY.
(a) Risk Assessment.--The Secretary shall establish a Federal task
force, including the Transportation Security Administration and other
agencies within the Department, the Department of Transportation, and
other appropriate Federal agencies, to complete, within 6 months of the
date of enactment of this Act, a nationwide risk assessment of a
terrorist attack on railroad carriers. The assessment shall include--
(1) a methodology for conducting the risk assessment, including
timelines, that addresses how the Department will work with the
entities described in subsection (c) and make use of existing
Federal expertise within the Department, the Department of
Transportation, and other appropriate agencies;
(2) identification and evaluation of critical assets and
infrastructure, including tunnels used by railroad carriers in
high-threat urban areas;
(3) identification of risks to those assets and infrastructure;
(4) identification of risks that are specific to the
transportation of hazardous materials via railroad;
(5) identification of risks to passenger and cargo security,
transportation infrastructure protection systems, operations,
communications systems, and any other area identified by the
assessment;
(6) an assessment of employee training and emergency response
planning;
(7) an assessment of public and private operational recovery
plans, taking into account the plans for the maritime sector
required under section 70103 of title 46, United States Code, to
expedite, to the maximum extent practicable, the return of an
adversely affected railroad transportation system or facility to
its normal performance level after a major terrorist attack or
other security event on that system or facility; and
(8) an account of actions taken or planned by both public and
private entities to address identified railroad security issues and
an assessment of the effective integration of such actions.
(b) National Strategy.--
(1) Requirement.--Not later than 9 months after the date of
enactment of this Act and based upon the assessment conducted under
subsection (a), the Secretary, consistent with and as required by
section 114(t) of title 49, United States Code, shall develop and
implement the modal plan for railroad transportation, entitled the
``National Strategy for Railroad Transportation Security''.
(2) Contents.--The modal plan shall include prioritized goals,
actions, objectives, policies, mechanisms, and schedules for, at a
minimum--
(A) improving the security of railroad tunnels, railroad
bridges, railroad switching and car storage areas, other
railroad infrastructure and facilities, information systems,
and other areas identified by the Secretary as posing
significant railroad-related risks to public safety and the
movement of interstate commerce, taking into account the impact
that any proposed security measure might have on the provision
of railroad service or on operations served or otherwise
affected by railroad service;
(B) deploying equipment and personnel to detect security
threats, including those posed by explosives and hazardous
chemical, biological, and radioactive substances, and any
appropriate countermeasures;
(C) consistent with section 1517, training railroad
employees in terrorism prevention, preparedness, passenger
evacuation, and response activities;
(D) conducting public outreach campaigns for railroads
regarding security, including educational initiatives designed
to inform the public on how to prevent, prepare for, respond
to, and recover from a terrorist attack on railroad
transportation;
(E) providing additional railroad security support for
railroads at high or severe threat levels of alert;
(F) ensuring, in coordination with freight and intercity
and commuter passenger railroads, the continued movement of
freight and passengers in the event of an attack affecting the
railroad system, including the possibility of rerouting traffic
due to the loss of critical infrastructure, such as a bridge,
tunnel, yard, or station;
(G) coordinating existing and planned railroad security
initiatives undertaken by the public and private sectors;
(H) assessing--
(i) the usefulness of covert testing of railroad
security systems;
(ii) the ability to integrate security into
infrastructure design; and
(iii) the implementation of random searches of
passengers and baggage; and
(I) identifying the immediate and long-term costs of
measures that may be required to address those risks and public
and private sector sources to fund such measures.
(3) Responsibilities.--The Secretary shall include in the modal
plan a description of the roles, responsibilities, and authorities
of Federal, State, and local agencies, government-sponsored
entities, tribal governments, and appropriate stakeholders
described in subsection (c). The plan shall also include--
(A) the identification of, and a plan to address, gaps and
unnecessary overlaps in the roles, responsibilities, and
authorities described in this paragraph;
(B) a methodology for how the Department will work with the
entities described in subsection (c), and make use of existing
Federal expertise within the Department, the Department of
Transportation, and other appropriate agencies;
(C) a process for facilitating security clearances for the
purpose of intelligence and information sharing with the
entities described in subsection (c), as appropriate;
(D) a strategy and timeline, coordinated with the research
and development program established under section 1518, for the
Department, the Department of Transportation, other appropriate
Federal agencies and private entities to research and develop
new technologies for securing railroad systems; and
(E) a process for coordinating existing or future security
strategies and plans for railroad transportation, including the
National Infrastructure Protection Plan required by Homeland
Security Presidential Directive-7; Executive Order No. 13416:
``Strengthening Surface Transportation Security'' dated
December 5, 2006; the Memorandum of Understanding between the
Department and the Department of Transportation on Roles and
Responsibilities dated September 28, 2004, and any and all
subsequent annexes to this Memorandum of Understanding, and any
other relevant agreements between the two Departments.
(c) Consultation With Stakeholders.--In developing the National
Strategy required under this section, the Secretary shall consult with
railroad management, nonprofit employee organizations representing
railroad employees, owners or lessors of railroad cars used to
transport hazardous materials, emergency responders, offerors of
security-sensitive materials, public safety officials, and other
relevant parties.
(d) Adequacy of Existing Plans and Strategies.--In developing the
risk assessment and National Strategy required under this section, the
Secretary shall utilize relevant existing plans, strategies, and risk
assessments developed by the Department or other Federal agencies,
including those developed or implemented pursuant to section 114(t) of
title 49, United States Code, or Homeland Security Presidential
Directive-7, and, as appropriate, assessments developed by other public
and private stakeholders.
(e) Report.--
(1) Contents.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
appropriate congressional committees a report containing--
(A) the assessment and the National Strategy required by
this section; and
(B) an estimate of the cost to implement the National
Strategy.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines that
such action is appropriate or necessary.
(f) Annual Updates.--Consistent with the requirements of section
114(t) of title 49, United States Code, the Secretary shall update the
assessment and National Strategy each year and transmit a report, which
may be submitted in both classified and redacted formats, to the
appropriate congressional committees containing the updated assessment
and recommendations.
(g) Funding.--Out of funds appropriated pursuant to section 114(w)
of title 49, United States Code, as amended by section 1503 of this
title, there shall be made available to the Secretary to carry out this
section $5,000,000 for fiscal year 2008.
SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.
(a) In General.--Not later than 12 months after the date of
enactment of this Act, the Secretary shall issue regulations that--
(1) require each railroad carrier assigned to a high-risk tier
under this section to--
(A) conduct a vulnerability assessment in accordance with
subsections (c) and (d); and
(B) to prepare, submit to the Secretary for approval, and
implement a security plan in accordance with this section that
addresses security performance requirements; and
(2) establish standards and guidelines, based on and consistent
with the risk assessment and National Strategy for Railroad
Transportation Security developed under section 1511, for
developing and implementing the vulnerability assessments and
security plans for railroad carriers assigned to high-risk tiers.
(b) Non High-Risk Programs.--The Secretary may establish a security
program for railroad carriers not assigned to a high-risk tier,
including--
(1) guidance for such carriers in conducting vulnerability
assessments and preparing and implementing security plans, as
determined appropriate by the Secretary; and
(2) a process to review and approve such assessments and plans,
as appropriate.
(c) Deadline for Submission.--Not later than 9 months after the
date of issuance of the regulations under subsection (a), the
vulnerability assessments and security plans required by such
regulations for railroad carriers assigned to a high-risk tier shall be
completed and submitted to the Secretary for review and approval.
(d) Vulnerability Assessments.--
(1) Requirements.--The Secretary shall provide technical
assistance and guidance to railroad carriers in conducting
vulnerability assessments under this section and shall require that
each vulnerability assessment of a railroad carrier assigned to a
high-risk tier under this section, include, as applicable--
(A) identification and evaluation of critical railroad
carrier assets and infrastructure, including platforms,
stations, intermodal terminals, tunnels, bridges, switching and
storage areas, and information systems as appropriate;
(B) identification of the vulnerabilities to those assets
and infrastructure;
(C) identification of strengths and weaknesses in--
(i) physical security;
(ii) passenger and cargo security, including the
security of security-sensitive materials being transported
by railroad or stored on railroad property;
(iii) programmable electronic devices, computers, or
other automated systems which are used in providing the
transportation;
(iv) alarms, cameras, and other protection systems;
(v) communications systems and utilities needed for
railroad security purposes, including dispatching and
notification systems;
(vi) emergency response planning;
(vii) employee training; and
(viii) such other matters as the Secretary determines
appropriate; and
(D) identification of redundant and backup systems required
to ensure the continued operation of critical elements of a
railroad carrier's system in the event of an attack or other
incident, including disruption of commercial electric power or
communications network.
(2) Threat information.--The Secretary shall provide in a
timely manner to the appropriate employees of a railroad carrier,
as designated by the railroad carrier, threat information that is
relevant to the carrier when preparing and submitting a
vulnerability assessment and security plan, including an assessment
of the most likely methods that could be used by terrorists to
exploit weaknesses in railroad security.
(e) Security Plans.--
(1) Requirements.--The Secretary shall provide technical
assistance and guidance to railroad carriers in preparing and
implementing security plans under this section, and shall require
that each security plan of a railroad carrier assigned to a high-
risk tier under this section include, as applicable--
(A) identification of a security coordinator having
authority--
(i) to implement security actions under the plan;
(ii) to coordinate security improvements; and
(iii) to receive immediate communications from
appropriate Federal officials regarding railroad security;
(B) a list of needed capital and operational improvements;
(C) procedures to be implemented or used by the railroad
carrier in response to a terrorist attack, including evacuation
and passenger communication plans that include individuals with
disabilities as appropriate;
(D) identification of steps taken with State and local law
enforcement agencies, emergency responders, and Federal
officials to coordinate security measures and plans for
response to a terrorist attack;
(E) a strategy and timeline for conducting training under
section 1517;
(F) enhanced security measures to be taken by the railroad
carrier when the Secretary declares a period of heightened
security risk;
(G) plans for providing redundant and backup systems
required to ensure the continued operation of critical elements
of the railroad carrier's system in the event of a terrorist
attack or other incident;
(H) a strategy for implementing enhanced security for
shipments of security-sensitive materials, including plans for
quickly locating and securing such shipments in the event of a
terrorist attack or security incident; and
(I) such other actions or procedures as the Secretary
determines are appropriate to address the security of railroad
carriers.
(2) Security coordinator requirements.--The Secretary shall
require that the individual serving as the security coordinator
identified in paragraph (1)(A) is a citizen of the United States.
The Secretary may waive this requirement with respect to an
individual if the Secretary determines that it is appropriate to do
so based on a background check of the individual and a review of
the consolidated terrorist watchlist.
(3) Consistency with other plans.--The Secretary shall ensure
that the security plans developed by railroad carriers under this
section are consistent with the risk assessment and National
Strategy for Railroad Transportation Security developed under
section 1511.
(f) Deadline for Review Process.--Not later than 6 months after
receiving the assessments and plans required under this section, the
Secretary shall--
(1) review each vulnerability assessment and security plan
submitted to the Secretary in accordance with subsection (c);
(2) require amendments to any security plan that does not meet
the requirements of this section; and
(3) approve any vulnerability assessment or security plan that
meets the requirements of this section.
(g) Interim Security Measures.--The Secretary may require railroad
carriers, during the period before the deadline established under
subsection (c), to submit a security plan under subsection (e) to
implement any necessary interim security measures essential to
providing adequate security of the railroad carrier's system. An
interim plan required under this subsection will be superseded by a
plan required under subsection (e).
(h) Tier Assignment.--Utilizing the risk assessment and National
Strategy for Railroad Transportation Security required under section
1511, the Secretary shall assign each railroad carrier to a risk-based
tier established by the Secretary:
(1) Provision of information.--The Secretary may request, and a
railroad carrier shall provide, information necessary for the
Secretary to assign a railroad carrier to the appropriate tier
under this subsection.
(2) Notification.--Not later than 60 days after the date a
railroad carrier is assigned to a tier under this subsection, the
Secretary shall notify the railroad carrier of the tier to which it
is assigned and the reasons for such assignment.
(3) High-risk tiers.--At least one of the tiers established by
the Secretary under this subsection shall be designated a tier for
high-risk railroad carriers.
(4) Reassignment.--The Secretary may reassign a railroad
carrier to another tier, as appropriate, in response to changes in
risk. The Secretary shall notify the railroad carrier not later
than 60 days after such reassignment and provide the railroad
carrier with the reasons for such reassignment.
(i) Nondisclosure of Information.--
(1) Submission of information to congress.--Nothing in this
section shall be construed as authorizing the withholding of any
information from Congress.
(2) Disclosure of independently furnished information.--Nothing
in this section shall be construed as affecting any authority or
obligation of a Federal agency to disclose any record or
information that the Federal agency obtains from a railroad carrier
under any other Federal law.
(j) Existing Procedures, Protocols and Standards.--
(1) Determination.--In response to a petition by a railroad
carrier or at the discretion of the Secretary, the Secretary may
determine that existing procedures, protocols, and standards meet
all or part of the requirements of this section, including
regulations issued under subsection (a), regarding vulnerability
assessments and security plans.
(2) Election.--Upon review and written determination by the
Secretary that existing procedures, protocols, or standards of a
railroad carrier satisfy the requirements of this section, the
railroad carrier may elect to comply with those procedures,
protocols, or standards instead of the requirements of this
section.
(3) Partial approval.--If the Secretary determines that the
existing procedures, protocols, or standards of a railroad carrier
satisfy only part of the requirements of this section, the
Secretary may accept such submission, but shall require submission
by the railroad carrier of any additional information relevant to
the vulnerability assessment and security plan of the railroad
carrier to ensure that the remaining requirements of this section
are fulfilled.
(4) Notification.--If the Secretary determines that particular
existing procedures, protocols, or standards of a railroad carrier
under this subsection do not satisfy the requirements of this
section, the Secretary shall provide to the railroad carrier a
written notification that includes an explanation of the
determination.
(5) Review.--Nothing in this subsection shall relieve the
Secretary of the obligation--
(A) to review the vulnerability assessment and security
plan submitted by a railroad carrier under this section; and
(B) to approve or disapprove each submission on an
individual basis.
(k) Periodic Evaluation by Railroad Carriers Required.--
(1) Submission of evaluation.--Not later than 3 years after the
date on which a vulnerability assessment or security plan required
to be submitted to the Secretary under subsection (c) is approved,
and at least once every 5 years thereafter (or on such a schedule
as the Secretary may establish by regulation), a railroad carrier
who submitted a vulnerability assessment and security plan and who
is still assigned to the high-risk tier must also submit to the
Secretary an evaluation of the adequacy of the vulnerability
assessment and security plan that includes a description of any
material changes made to the vulnerability assessment or security
plan.
(2) Review of evaluation.--Not later than 180 days after the
date on which an evaluation is submitted, the Secretary shall
review the evaluation and notify the railroad carrier submitting
the evaluation of the Secretary's approval or disapproval of the
evaluation.
(l) Shared Facilities.--The Secretary may permit under this section
the development and implementation of coordinated vulnerability
assessments and security plans to the extent that a railroad carrier
shares facilities with, or is colocated with, other transportation
entities or providers that are required to develop vulnerability
assessments and security plans under Federal law.
(m) Consultation.--In carrying out this section, the Secretary
shall consult with railroad carriers, nonprofit employee labor
organizations representation railroad employees, and public safety and
law enforcement officials.
SEC. 1513. RAILROAD SECURITY ASSISTANCE.
(a) Security Improvement Grants.--(1) The Secretary, in
consultation with the Administrator of the Transportation Security
Administration and other appropriate agencies or officials, is
authorized to make grants to railroad carriers, the Alaska Railroad,
security-sensitive materials offerors who ship by railroad, owners of
railroad cars used in the transportation of security-sensitive
materials, State and local governments (for railroad passenger
facilities and infrastructure not owned by Amtrak), and Amtrak for
intercity passenger railroad and freight railroad security improvements
described in subsection (b) as approved by the Secretary.
(2) A railroad carrier is eligible for a grant under this section
if the carrier has completed a vulnerability assessment and developed a
security plan that the Secretary has approved in accordance with
section 1512.
(3) A recipient of a grant under this section may use grant funds
only for permissible uses under subsection (b) to further a railroad
security plan that meets the requirements of paragraph (2).
(4) Notwithstanding the requirement for eligibility and uses of
funds in paragraphs (2) and (3), a railroad carrier is eligible for a
grant under this section if the applicant uses the funds solely for the
development of assessments or security plans under section 1512.
(5) Notwithstanding the requirements for eligibility and uses of
funds in paragraphs (2) and (3), prior to the earlier of 1 year after
the date of issuance of final regulations requiring vulnerability
assessments and security plans under section 1512 or 3 years after the
date of enactment of this Act, the Secretary may award grants under
this section for rail security improvements listed under subsection (b)
based upon railroad carrier vulnerability assessments and security
plans that the Secretary determines are sufficient for the purposes of
this section but have not been approved by the Secretary in accordance
with section 1512.
(b) Uses of Funds.--A recipient of a grant under this section shall
use the grant funds for one or more of the following:
(1) Security and redundancy for critical communications,
computer, and train control systems essential for secure railroad
operations.
(2) Accommodation of railroad cargo or passenger security
inspection facilities, related infrastructure, and operations at or
near United States international borders or other ports of entry.
(3) The security of security-sensitive materials transportation
by railroad.
(4) Chemical, biological, radiological, or explosive detection,
including canine patrols for such detection.
(5) The security of intercity passenger railroad stations,
trains, and infrastructure, including security capital improvement
projects that the Secretary determines enhance railroad station
security.
(6) Technologies to reduce the vulnerabilities of railroad
cars, including structural modification of railroad cars
transporting security-sensitive materials to improve their
resistance to acts of terrorism.
(7) The sharing of intelligence and information about security
threats.
(8) To obtain train tracking and communications equipment,
including equipment that is interoperable with Federal, State, and
local agencies and tribal governments.
(9) To hire, train, and employ police and security officers,
including canine units, assigned to full-time security or
counterterrorism duties related to railroad transportation.
(10) Overtime reimbursement, including reimbursement of State,
local, and tribal governments for costs, for enhanced security
personnel assigned to duties related to railroad security during
periods of high or severe threat levels and National Special
Security Events or other periods of heightened security as
determined by the Secretary.
(11) Perimeter protection systems, including access control,
installation of improved lighting, fencing, and barricades at
railroad facilities.
(12) Tunnel protection systems.
(13) Passenger evacuation and evacuation-related capital
improvements.
(14) Railroad security inspection technologies, including
verified visual inspection technologies using hand-held readers.
(15) Surveillance equipment.
(16) Cargo or passenger screening equipment.
(17) Emergency response equipment, including fire suppression
and decontamination equipment, personal protective equipment, and
defibrillators.
(18) Operating and capital costs associated with security
awareness, preparedness, and response training, including training
under section 1517, and training developed by universities,
institutions of higher education, and nonprofit employee labor
organizations, for railroad employees, including frontline
employees.
(19) Live or simulated exercises, including exercises described
in section 1516.
(20) Public awareness campaigns for enhanced railroad security.
(21) Development of assessments or security plans under section
1512.
(22) Other security improvements--
(A) identified, required, or recommended under sections
1511 and 1512, including infrastructure, facilities, and
equipment upgrades; or
(B) that the Secretary considers appropriate.
(c) Department of Homeland Security Responsibilities.--In carrying
out the responsibilities under subsection (a), the Secretary shall--
(1) determine the requirements for recipients of grants;
(2) establish priorities for uses of funds for grant
recipients;
(3) award the funds authorized by this section based on risk,
as identified by the plans required under sections 1511 and 1512,
or assessment or plan described in subsection (a)(5);
(4) take into account whether stations or facilities are used
by commuter railroad passengers as well as intercity railroad
passengers in reviewing grant applications;
(5) encourage non-Federal financial participation in projects
funded by grants; and
(6) not later than 5 business days after awarding a grant to
Amtrak under this section, transfer grant funds to the Secretary of
Transportation to be disbursed to Amtrak.
(d) Multiyear Awards.--Grant funds awarded under this section may
be awarded for projects that span multiple years.
(e) Limitation on Uses of Funds.--A grant made under this section
may not be used to make any State or local government cost-sharing
contribution under any other Federal law.
(f) Annual Reports.--Each recipient of a grant under this section
shall report annually to the Secretary on the use of grant funds.
(g) Non-Federal Match Study.--Not later than 240 days after the
date of enactment of this Act, the Secretary shall provide a report to
the appropriate congressional committees on the feasibility and
appropriateness of requiring a non-Federal match for grants awarded to
freight railroad carriers and other private entities under this
section.
(h) Subject to Certain Standards.--A recipient of a grant under
this section and sections 1514 and 1515 shall be required to comply
with the standards of section 24312 of title 49, United States Code, as
in effect on January 1, 2007, with respect to the project in the same
manner as Amtrak is required to comply with such standards for
construction work financed under an agreement made under section
24308(a) of that title.
(i) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant to section
114(w) of title 49, United States Code, as amended by section 1503
of this title, there shall be made available to the Secretary to
carry out this section--
(A) $300,000,000 for fiscal year 2008;
(B) $300,000,000 for fiscal year 2009;
(C) $300,000,000 for fiscal year 2010; and
(D) $300,000,000 for fiscal year 2011.
(2) Period of availability.--Sums appropriated to carry out
this section shall remain available until expended.
SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--
(1) Grants.--Subject to subsection (b), the Secretary, in
consultation with the Administrator of the Transportation Security
Administration, is authorized to make grants to Amtrak in
accordance with the provisions of this section.
(2) General purposes.--The Secretary may make such grants for
the purposes of--
(A) protecting underwater and underground assets and
systems;
(B) protecting high-risk and high-consequence assets
identified through systemwide risk assessments;
(C) providing counterterrorism or security training;
(D) providing both visible and unpredictable deterrence;
and
(E) conducting emergency preparedness drills and exercises.
(3) Specific projects.--The Secretary shall make such grants--
(A) to secure major tunnel access points and ensure tunnel
integrity in New York, New Jersey, Maryland, and Washington,
DC;
(B) to secure Amtrak trains;
(C) to secure Amtrak stations;
(D) to obtain a watchlist identification system approved by
the Secretary;
(E) to obtain train tracking and interoperable
communications systems that are coordinated with Federal,
State, and local agencies and tribal governments to the maximum
extent possible;
(F) to hire, train, and employ police and security
officers, including canine units, assigned to full-time
security or counterterrorism duties related to railroad
transportation;
(G) for operating and capital costs associated with
security awareness, preparedness, and response training,
including training under section 1517, and training developed
by universities, institutions of higher education, and
nonprofit employee labor organizations, for railroad employees,
including frontline employees; and
(H) for live or simulated exercises, including exercises
described in section 1516.
(b) Conditions.--The Secretary shall award grants to Amtrak under
this section for projects contained in a systemwide security plan
approved by the Secretary developed pursuant to section 1512. Not later
than 5 business days after awarding a grant to Amtrak under this
section, the Secretary shall transfer the grant funds to the Secretary
of Transportation to be disbursed to Amtrak.
(c) Equitable Geographic Allocation.--The Secretary shall ensure
that, subject to meeting the highest security needs on Amtrak's entire
system and consistent with the risk assessment required under section
1511 and Amtrak's vulnerability assessment and security plan developed
under section 1512, stations and facilities located outside of the
Northeast Corridor receive an equitable share of the security funds
authorized by this section.
(d) Availability of Funds.--
(1) In general.--Out of funds appropriated pursuant to section
114(w) of title 49, United States Code, as amended by section 1503
of this title, there shall be made available to the Secretary and
the Administrator of the Transportation Security Administration to
carry out this section--
(A) $150,000,000 for fiscal year 2008;
(B) $150,000,000 for fiscal year 2009;
(C) $175,000,000 for fiscal year 2010; and
(D) $175,000,000 for fiscal year 2011.
(2) Availability of appropriated funds.--Amounts appropriated
pursuant to paragraph (1) shall remain available until expended.
SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--There are authorized to be appropriated to
the Secretary of Transportation for making grants to Amtrak for the
purpose of carrying out projects to make fire and life safety
improvements to Amtrak tunnels on the Northeast Corridor the following
amounts:
(1) For the 6 New York and New Jersey tunnels to provide
ventilation, electrical, and fire safety technology improvements,
emergency communication and lighting systems, and emergency access
and egress for passengers--
(A) $25,000,000 for fiscal year 2008;
(B) $30,000,000 for fiscal year 2009;
(C) $45,000,000 for fiscal year 2010; and
(D) $60,000,000 for fiscal year 2011.
(2) For the Baltimore Potomac Tunnel and the Union Tunnel,
together, to provide adequate drainage and ventilation,
communication, lighting, standpipe, and passenger egress
improvements--
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(3) For the Union Station tunnels in the District of Columbia
to improve ventilation, communication, lighting, and passenger
egress improvements--
(A) $5,000,000 for fiscal year 2008;
(B) $5,000,000 for fiscal year 2009;
(C) $5,000,000 for fiscal year 2010; and
(D) $5,000,000 for fiscal year 2011.
(b) Infrastructure Upgrades.--Out of funds appropriated pursuant to
section 1503(b), there shall be made available to the Secretary of
Transportation for fiscal year 2008, $3,000,000 for the preliminary
design of options for a new tunnel on a different alignment to augment
the capacity of the existing Baltimore tunnels.
(c) Availability of Amounts.--Amounts appropriated pursuant to this
section shall remain available until expended.
(d) Plans Required.--The Secretary of Transportation may not make
amounts available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary of
Transportation, and the Secretary of Transportation has approved,
an engineering and financial plan for such projects; and
(2) unless, for each project funded pursuant to this section,
the Secretary of Transportation has approved a project management
plan prepared by Amtrak.
(e) Review of Plans.--
(1) In general.--The Secretary of Transportation shall complete
the review of a plan required under subsection (d) and approve or
disapprove the plan within 45 days after the date on which each
such plan is submitted by Amtrak.
(2) Incomplete or deficient plan.--If the Secretary of
Transportation determines that a plan is incomplete or deficient,
the Secretary of Transportation shall notify Amtrak of the
incomplete items or deficiencies and Amtrak shall, within 30 days
after receiving the Secretary of Transportation's notification,
submit a modified plan for the Secretary of Transportation's
review.
(3) Approval of plan.--Within 15 days after receiving
additional information on items previously included in the plan,
and within 45 days after receiving items newly included in a
modified plan, the Secretary of Transportation shall either approve
the modified plan, or if the Secretary of Transportation finds the
plan is still incomplete or deficient, the Secretary of
Transportation shall--
(A) identify in writing to the appropriate congressional
committees the portions of the plan the Secretary finds
incomplete or deficient;
(B) approve all other portions of the plan;
(C) obligate the funds associated with those portions; and
(D) execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining portions of
the plan.
(f) Financial Contribution From Other Tunnel Users.--The Secretary
of Transportation, taking into account the need for the timely
completion of all portions of the tunnel projects described in
subsection (a), shall--
(1) consider the extent to which railroad carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other railroad carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other railroad carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. 1516. RAILROAD CARRIER EXERCISES.
(a) In General.--The Secretary shall establish a program for
conducting security exercises for railroad carriers for the purpose of
assessing and improving the capabilities of entities described in
subsection (b) to prevent, prepare for, mitigate, respond to, and
recover from acts of terrorism.
(b) Covered Entities.--Entities to be assessed under the program
shall include--
(1) Federal, State, and local agencies and tribal governments;
(2) railroad carriers;
(3) governmental and nongovernmental emergency response
providers, law enforcement agencies, and railroad and transit
police, as appropriate; and
(4) any other organization or entity that the Secretary
determines appropriate.
(c) Requirements.--The Secretary shall ensure that the program--
(1) consolidates existing security exercises for railroad
carriers administered by the Department and the Department of
Transportation, as jointly determined by the Secretary and the
Secretary of Transportation, unless the Secretary waives this
consolidation requirement as appropriate;
(2) consists of exercises that are--
(A) scaled and tailored to the needs of the carrier,
including addressing the needs of the elderly and individuals
with disabilities;
(B) live, in the case of the most at-risk facilities to a
terrorist attack;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current risk
assessments, including credible threats, vulnerabilities, and
consequences;
(E) inclusive, as appropriate, of railroad frontline
employees; and
(F) consistent with the National Incident Management
System, the National Response Plan, the National Infrastructure
Protection Plan, the National Preparedness Guidance, the
National Preparedness Goal, and other such national
initiatives;
(3) provides that exercises described in paragraph (2) will
be--
(A) evaluated by the Secretary against clear and consistent
performance measures;
(B) assessed by the Secretary to identify best practices,
which shall be shared, as appropriate, with railroad carriers,
nonprofit employee organizations that represent railroad
carrier employees, Federal, State, local, and tribal officials,
governmental and nongovernmental emergency response providers,
law enforcement personnel, including railroad carrier and
transit police, and other stakeholders; and
(C) used to develop recommendations, as appropriate, from
the Secretary to railroad carriers on remedial action to be
taken in response to lessons learned;
(4) allows for proper advanced notification of communities and
local governments in which exercises are held, as appropriate; and
(5) assists State, local, and tribal governments and railroad
carriers in designing, implementing, and evaluating additional
exercises that conform to the requirements of paragraph (1).
(d) National Exercise Program.--The Secretary shall ensure that the
exercise program developed under subsection (c) is a component of the
National Exercise Program established under section 648 of the Post
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
748).
SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop and issue
regulations for a training program to prepare railroad frontline
employees for potential security threats and conditions. The
regulations shall take into consideration any current security training
requirements or best practices.
(b) Consultation.--The Secretary shall develop the regulations
under subsection (a) in consultation with--
(1) appropriate law enforcement, fire service, emergency
response, security, and terrorism experts;
(2) railroad carriers;
(3) railroad shippers; and
(4) nonprofit employee labor organizations representing
railroad employees or emergency response personnel.
(c) Program Elements.--The regulations developed under subsection
(a) shall require security training programs described in subsection
(a) to include, at a minimum, elements to address the following, as
applicable:
(1) Determination of the seriousness of any occurrence or
threat.
(2) Crew and passenger communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and railroad
employees, including individuals with disabilities and the elderly.
(6) Psychology, behavior, and methods of terrorists, including
observation and analysis.
(7) Training related to psychological responses to terrorist
incidents, including the ability to cope with hijacker behavior and
passenger responses.
(8) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(9) Recognition and reporting of dangerous substances,
suspicious packages, and situations.
(10) Understanding security incident procedures, including
procedures for communicating with governmental and nongovernmental
emergency response providers and for on-scene interaction with such
emergency response providers.
(11) Operation and maintenance of security equipment and
systems.
(12) Other security training activities that the Secretary
considers appropriate.
(d) Required Programs.--
(1) Development and submission to secretary.--Not later than 90
days after the Secretary issues regulations under subsection (a),
each railroad carrier shall develop a security training program in
accordance with this section and submit the program to the
Secretary for approval.
(2) Approval or disapproval.--Not later than 60 days after
receiving a security training program proposal under this
subsection, the Secretary shall approve the program or require the
railroad carrier that developed the program to make any revisions
to the program that the Secretary considers necessary for the
program to meet the requirements of this section. A railroad
carrier shall respond to the Secretary's comments within 30 days
after receiving them.
(3) Training.--Not later than 1 year after the Secretary
approves a security training program in accordance with this
subsection, the railroad carrier that developed the program shall
complete the training of all railroad frontline employees who were
hired by a carrier more than 30 days preceding such date. For such
employees employed less than 30 days by a carrier preceding such
date, training shall be completed within the first 60 days of
employment.
(4) Updates of regulations and program revisions.--The
Secretary shall periodically review and update as appropriate the
training regulations issued under subsection (a) to reflect new or
changing security threats. Each railroad carrier shall revise its
training program accordingly and provide additional training as
necessary to its frontline employees within a reasonable time after
the regulations are updated.
(e) National Training Program.--The Secretary shall ensure that the
training program developed under subsection (a) is a component of the
National Training Program established under section 648 of the Post
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
748).
(f) Reporting Requirements.--Not later than 2 years after the date
of regulation issuance, the Secretary shall review implementation of
the training program of a representative sample of railroad carriers
and railroad frontline employees, and report to the appropriate
congressional committees on the number of reviews conducted and the
results of such reviews. The Secretary may submit the report in both
classified and redacted formats as necessary.
(g) Other Employees.--The Secretary shall issue guidance and best
practices for a railroad shipper employee security program containing
the elements listed under subsection (c).
SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, acting through the Under Secretary for Science and
Technology and the Administrator of the Transportation Security
Administration, shall carry out a research and development program for
the purpose of improving the security of railroad transportation
systems.
(b) Eligible Projects.--The research and development program may
include projects--
(1) to reduce the vulnerability of passenger trains, stations,
and equipment to explosives and hazardous chemical, biological, and
radioactive substances, including the development of technology to
screen passengers in large numbers at peak commuting times with
minimal interference and disruption;
(2) to test new emergency response and recovery techniques and
technologies, including those used at international borders;
(3) to develop improved railroad security technologies,
including--
(A) technologies for sealing or modifying railroad tank
cars;
(B) automatic inspection of railroad cars;
(C) communication-based train control systems;
(D) emergency response training, including training in a
tunnel environment;
(E) security and redundancy for critical communications,
electrical power, computer, and train control systems; and
(F) technologies for securing bridges and tunnels;
(4) to test wayside detectors that can detect tampering;
(5) to support enhanced security for the transportation of
security-sensitive materials by railroad;
(6) to mitigate damages in the event of a cyber attack; and
(7) to address other vulnerabilities and risks identified by
the Secretary.
(c) Coordination With Other Research Initiatives.--The Secretary--
(1) shall ensure that the research and development program is
consistent with the National Strategy for Railroad Transportation
Security developed under section 1511 and any other transportation
security research and development programs required by this Act;
(2) shall, to the extent practicable, coordinate the research
and development activities of the Department with other ongoing
research and development security-related initiatives, including
research being conducted by--
(A) the Department of Transportation, including University
Transportation Centers and other institutes, centers, and
simulators funded by the Department of Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies; and
(E) other Federal and private research laboratories,
research entities, and universities and institutions of higher
education, including Historically Black Colleges and
Universities, Hispanic Serving Institutions, or Indian Tribally
Controlled Colleges and Universities;
(3) shall carry out any research and development project
authorized by this section through a reimbursable agreement with an
appropriate Federal agency, if the agency--
(A) is currently sponsoring a research and development
project in a similar area; or
(B) has a unique facility or capability that would be
useful in carrying out the project;
(4) may award grants, or enter into cooperative agreements,
contracts, other transactions, or reimbursable agreements to the
entities described in paragraph (2) and the eligible grant
recipients under section 1513; and
(5) shall make reasonable efforts to enter into memoranda of
understanding, contracts, grants, cooperative agreements, or other
transactions with railroad carriers willing to contribute both
physical space and other resources.
(d) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In carrying out research and development
projects under this section, the Secretary shall consult with the
Chief Privacy Officer of the Department and the Officer for Civil
Rights and Civil Liberties of the Department as appropriate and in
accordance with section 222 of the Homeland Security Act of 2002 (6
U.S.C. 142).
(2) Privacy impact assessments.--In accordance with sections
222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142;
345), the Chief Privacy Officer shall conduct privacy impact
assessments and the Officer for Civil Rights and Civil Liberties
shall conduct reviews, as appropriate, for research and development
initiatives developed under this section that the Secretary
determines could have an impact on privacy, civil rights, or civil
liberties.
(e) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant to section
114(w) of title 49, United States Code, as amended by section 1503,
there shall be made available to the Secretary to carry out this
section--
(A) $33,000,000 for fiscal year 2008;
(B) $33,000,000 for fiscal year 2009;
(C) $33,000,000 for fiscal year 2010; and
(D) $33,000,000 for fiscal year 2011.
(2) Period of availability.--Such sums shall remain available
until expended.
SEC. 1519. RAILROAD TANK CAR SECURITY TESTING.
(a) Railroad Tank Car Vulnerability Assessment.--
(1) Assessment.--The Secretary shall assess the likely methods
of a deliberate terrorist attack against a railroad tank car used
to transport toxic-inhalation-hazard materials, and for each method
assessed, the degree to which it may be successful in causing
death, injury, or serious adverse effects to human health, the
environment, critical infrastructure, national security, the
national economy, or public welfare.
(2) Threats.--In carrying out paragraph (1), the Secretary
shall consider the most current threat information as to likely
methods of a successful terrorist attack on a railroad tank car
transporting toxic-inhalation-hazard materials, and may consider
the following:
(A) Explosive devices placed along the tracks or attached
to a railroad tank car.
(B) The use of missiles, grenades, rockets, mortars, or
other high-caliber weapons against a railroad tank car.
(3) Physical testing.--In developing the assessment required
under paragraph (1), the Secretary shall conduct physical testing
of the vulnerability of railroad tank cars used to transport toxic-
inhalation-hazard materials to different methods of a deliberate
attack, using technical information and criteria to evaluate the
structural integrity of railroad tank cars.
(4) Report.--Not later than 30 days after the completion of the
assessment under paragraph (1), the Secretary shall provide to the
appropriate congressional committees a report, in the appropriate
format, on such assessment.
(b) Railroad Tank Car Dispersion Modeling.--
(1) In general.--The Secretary, acting through the National
Infrastructure Simulation and Analysis Center, shall conduct an air
dispersion modeling analysis of release scenarios of toxic-
inhalation-hazard materials resulting from a terrorist attack on a
loaded railroad tank car carrying such materials in urban and rural
environments.
(2) Considerations.--The analysis under this subsection shall
take into account the following considerations:
(A) The most likely means of attack and the resulting
dispersal rate.
(B) Different times of day, to account for differences in
cloud coverage and other atmospheric conditions in the
environment being modeled.
(C) Differences in population size and density.
(D) Historically accurate wind speeds, temperatures, and
wind directions.
(E) Differences in dispersal rates or other relevant
factors related to whether a railroad tank car is in motion or
stationary.
(F) Emergency response procedures by local officials.
(G) Any other considerations the Secretary believes would
develop an accurate, plausible dispersion model for toxic-
inhalation-hazard materials released from a railroad tank car
as a result of a terrorist act.
(3) Consultation.--In conducting the dispersion modeling under
paragraph (1), the Secretary shall consult with the Secretary of
Transportation, hazardous materials experts, railroad carriers,
nonprofit employee labor organizations representing railroad
employees, appropriate State, local, and tribal officials, and
other Federal agencies, as appropriate.
(4) Information sharing.--Upon completion of the analysis
required under paragraph (1), the Secretary shall share the
information developed with the appropriate stakeholders, given
appropriate information protection provisions as may be required by
the Secretary.
(5) Report.--Not later than 30 days after completion of all
dispersion analyses under paragraph (1), the Secretary shall submit
to the appropriate congressional committees a report detailing the
Secretary's conclusions and findings in an appropriate format.
SEC. 1520. RAILROAD THREAT ASSESSMENTS.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall complete a name-based security background check against
the consolidated terrorist watchlist and an immigration status check
for all railroad frontline employees, similar to the threat assessment
screening program required for facility employees and longshoremen by
the Commandant of the Coast Guard under Coast Guard Notice USCG-2006-
24189 (71 Fed. Reg. 25066 (April 8, 2006)).
SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS.
Section 20109 of title 49, United States Code, is amended to read:
``SEC. 20109. EMPLOYEE PROTECTIONS.
``(a) In General.--A railroad carrier engaged in interstate or
foreign commerce, a contractor or a subcontractor of such a railroad
carrier, or an officer or employee of such a railroad carrier, may not
discharge, demote, suspend, reprimand, or in any other way discriminate
against an employee if such discrimination is due, in whole or in part,
to the employee's lawful, good faith act done, or perceived by the
employer to have been done or about to be done--
``(1) to provide information, directly cause information to be
provided, or otherwise directly assist in any investigation
regarding any conduct which the employee reasonably believes
constitutes a violation of any Federal law, rule, or regulation
relating to railroad safety or security, or gross fraud, waste, or
abuse of Federal grants or other public funds intended to be used
for railroad safety or security, if the information or assistance
is provided to or an investigation stemming from the provided
information is conducted by--
``(A) a Federal, State, or local regulatory or law
enforcement agency (including an office of the Inspector
General under the Inspector General Act of 1978 (5 U.S.C. App.;
Public Law 95-452);
``(B) any Member of Congress, any committee of Congress, or
the Government Accountability Office; or
``(C) a person with supervisory authority over the employee
or such other person who has the authority to investigate,
discover, or terminate the misconduct;
``(2) to refuse to violate or assist in the violation of any
Federal law, rule, or regulation relating to railroad safety or
security;
``(3) to file a complaint, or directly cause to be brought a
proceeding related to the enforcement of this part or, as
applicable to railroad safety or security, chapter 51 or 57 of this
title, or to testify in that proceeding;
``(4) to notify, or attempt to notify, the railroad carrier or
the Secretary of Transportation of a work-related personal injury
or work-related illness of an employee;
``(5) to cooperate with a safety or security investigation by
the Secretary of Transportation, the Secretary of Homeland
Security, or the National Transportation Safety Board;
``(6) to furnish information to the Secretary of
Transportation, the Secretary of Homeland Security, the National
Transportation Safety Board, or any Federal, State, or local
regulatory or law enforcement agency as to the facts relating to
any accident or incident resulting in injury or death to an
individual or damage to property occurring in connection with
railroad transportation; or
``(7) to accurately report hours on duty pursuant to chapter
211.
``(b) Hazardous Safety or Security Conditions.--(1) A railroad
carrier engaged in interstate or foreign commerce, or an officer or
employee of such a railroad carrier, shall not discharge, demote,
suspend, reprimand, or in any other way discriminate against an
employee for--
``(A) reporting, in good faith, a hazardous safety or security
condition;
``(B) refusing to work when confronted by a hazardous safety or
security condition related to the performance of the employee's
duties, if the conditions described in paragraph (2) exist; or
``(C) refusing to authorize the use of any safety-related
equipment, track, or structures, if the employee is responsible for
the inspection or repair of the equipment, track, or structures,
when the employee believes that the equipment, track, or structures
are in a hazardous safety or security condition, if the conditions
described in paragraph (2) exist.
``(2) A refusal is protected under paragraph (1)(B) and (C) if--
``(A) the refusal is made in good faith and no reasonable
alternative to the refusal is available to the employee;
``(B) a reasonable individual in the circumstances then
confronting the employee would conclude that--
``(i) the hazardous condition presents an imminent danger
of death or serious injury; and
``(ii) the urgency of the situation does not allow
sufficient time to eliminate the danger without such refusal;
and
``(C) the employee, where possible, has notified the railroad
carrier of the existence of the hazardous condition and the
intention not to perform further work, or not to authorize the use
of the hazardous equipment, track, or structures, unless the
condition is corrected immediately or the equipment, track, or
structures are repaired properly or replaced.
``(3) In this subsection, only paragraph (1)(A) shall apply to
security personnel employed by a railroad carrier to protect
individuals and property transported by railroad.
``(c) Enforcement Action.--
``(1) In general.--An employee who alleges discharge,
discipline, or other discrimination in violation of subsection (a)
or (b) of this section, may seek relief in accordance with the
provisions of this section, with any petition or other request for
relief under this section to be initiated by filing a complaint
with the Secretary of Labor.
``(2) Procedure.--
``(A) In general.--Any action under paragraph (1) shall be
governed under the rules and procedures set forth in section
42121(b), including:
``(i) Burdens of proof.--Any action brought under
(c)(1) shall be governed by the legal burdens of proof set
forth in section 42121(b).
``(ii) Statute of limitations.--An action under
paragraph (1) shall be commenced not later than 180 days
after the date on which the alleged violation of subsection
(a) or (b) of this section occurs.
``(iii) Civil actions to enforce.--If a person fails to
comply with an order issued by the Secretary of Labor
pursuant to the procedures in section 42121(b), the
Secretary of Labor may bring a civil action to enforce the
order in the district court of the United States for the
judicial district in which the violation occurred, as set
forth in 42121.
``(B) Exception.--Notification made under section
42121(b)(1) shall be made to the person named in the complaint
and the person's employer.
``(3) De novo review.--With respect to a complaint under
paragraph (1), if the Secretary of Labor has not issued a final
decision within 210 days after the filing of the complaint and if
the delay is not due to the bad faith of the employee, the employee
may bring an original action at law or equity for de novo review in
the appropriate district court of the United States, which shall
have jurisdiction over such an action without regard to the amount
in controversy, and which action shall, at the request of either
party to such action, be tried by the court with a jury.
``(4) Appeals.--Any person adversely affected or aggrieved by
an order issued pursuant to the procedures in section 42121(b), may
obtain review of the order in the United States court of appeals
for the circuit in which the violation, with respect to which the
order was issued, allegedly occurred or the circuit in which the
complainant resided on the date of such violation. The petition for
review must be filed not later than 60 days after the date of the
issuance of the final order of the Secretary of Labor. The review
shall conform to chapter 7 of title 5. The commencement of
proceedings under this paragraph shall not, unless ordered by the
court, operate as a stay of the order.
``(d) Remedies.--
``(1) In general.--An employee prevailing in any action under
subsection (c) shall be entitled to all relief necessary to make
the employee whole.
``(2) Damages.--Relief in an action under subsection (c)
(including an action described in subsection (c)(3)) shall
include--
``(A) reinstatement with the same seniority status that the
employee would have had, but for the discrimination;
``(B) any backpay, with interest; and
``(C) compensatory damages, including compensation for any
special damages sustained as a result of the discrimination,
including litigation costs, expert witness fees, and reasonable
attorney fees.
``(3) Possible relief.--Relief in any action under subsection
(c) may include punitive damages in an amount not to exceed
$250,000.
``(e) Election of Remedies.--An employee may not seek protection
under both this section and another provision of law for the same
allegedly unlawful act of the railroad carrier.
``(f) No Preemption.--Nothing in this section preempts or
diminishes any other safeguards against discrimination, demotion,
discharge, suspension, threats, harassment, reprimand, retaliation, or
any other manner of discrimination provided by Federal or State law.
``(g) Rights Retained by Employee.--Nothing in this section shall
be deemed to diminish the rights, privileges, or remedies of any
employee under any Federal or State law or under any collective
bargaining agreement. The rights and remedies in this section may not
be waived by any agreement, policy, form, or condition of employment.
``(h) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this subsection,
or with the written consent of the employee, the Secretary of
Transportation or the Secretary of Homeland Security may not
disclose the name of an employee of a railroad carrier who has
provided information about an alleged violation of this part or, as
applicable to railroad safety or security, chapter 51 or 57 of this
title, or a regulation prescribed or order issued under any of
those provisions.
``(2) The Secretary of Transportation or the Secretary of
Homeland Security shall disclose to the Attorney General the name
of an employee described in paragraph (1) if the matter is referred
to the Attorney General for enforcement. The Secretary making such
disclosures shall provide reasonable advance notice to the affected
employee if disclosure of that person's identity or identifying
information is to occur.
``(i) Process for Reporting Security Problems to the Department of
Homeland Security.--
``(1) Establishment of process.--The Secretary of Homeland
Security shall establish through regulations, after an opportunity
for notice and comment, a process by which any person may report to
the Secretary of Homeland Security regarding railroad security
problems, deficiencies, or vulnerabilities.
``(2) Acknowledgment of receipt.--If a report submitted under
paragraph (1) identifies the person making the report, the
Secretary of Homeland Security shall respond promptly to such
person and acknowledge receipt of the report.
``(3) Steps to address problem.--The Secretary of Homeland
Security shall review and consider the information provided in any
report submitted under paragraph (1) and shall take appropriate
steps to address any problems or deficiencies identified.''.
SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.
(a) Definitions.--In this section, the following definitions apply:
(1) Security background check.--The term ``security background
check'' means reviewing, for the purpose of identifying individuals
who may pose a threat to transportation security or national
security, or of terrorism--
(A) relevant criminal history databases;
(B) in the case of an alien (as defined in the Immigration
and Nationality Act (8 U.S.C. 1101(a)(3)), the relevant
databases to determine the status of the alien under the
immigration laws of the United States; and
(C) other relevant information or databases, as determined
by the Secretary.
(2) Covered individual.--The term ``covered individual'' means
an employee of a railroad carrier or a contractor or subcontractor
of a railroad carrier.
(b) Guidance.--
(1) Any guidance, recommendations, suggested action items, or
any other widely disseminated voluntary action items issued by the
Secretary to a railroad carrier or a contractor or subcontractor of
a railroad carrier relating to performing a security background
check of a covered individual shall contain recommendations on the
appropriate scope and application of such a security background
check, including the time period covered, the types of
disqualifying offenses, and a redress process for adversely
impacted covered individuals consistent with subsections (c) and
(d) of this section.
(2) Within 60 days after the date of enactment of this Act, any
guidance, recommendations, suggested action items, or any other
widely disseminated voluntary action item issued by the Secretary
prior to the date of enactment of this Act to a railroad carrier or
a contractor or subcontractor of a railroad carrier relating to
performing a security background check of a covered individual
shall be updated in compliance with paragraph (1).
(3) If a railroad carrier or a contractor or subcontractor of a
railroad carrier performs a security background check on a covered
individual to fulfill guidance issued by the Secretary under
paragraph (1) or (2), the Secretary shall not consider such
guidance fulfilled unless an adequate redress process as described
in subsection (d) is provided to covered individuals.
(c) Requirements.--If the Secretary issues a rule, regulation, or
directive requiring a railroad carrier or contractor or subcontractor
of a railroad carrier to perform a security background check of a
covered individual, then the Secretary shall prohibit the railroad
carrier or contractor or subcontractor of a railroad carrier from
making an adverse employment decision, including removal or suspension
of the covered individual, due to such rule, regulation, or directive
with respect to a covered individual unless the railroad carrier or
contractor or subcontractor of a railroad carrier determines that the
covered individual--
(1) has been convicted of, has been found not guilty by reason
of insanity, or is under want, warrant, or indictment for a
permanent disqualifying criminal offense listed in part 1572 of
title 49, Code of Federal Regulations;
(2) was convicted of or found not guilty by reason of insanity
of an interim disqualifying criminal offense listed in part 1572 of
title 49, Code of Federal Regulations, within 7 years of the date
that the railroad carrier or contractor or subcontractor of a
railroad carrier performs the security background check; or
(3) was incarcerated for an interim disqualifying criminal
offense listed in part 1572 of title 49, Code of Federal
Regulations, and released from incarceration within 5 years of the
date that the railroad carrier or contractor or subcontractor of a
railroad carrier performs the security background check.
(d) Redress Process.--If the Secretary issues a rule, regulation,
or directive requiring a railroad carrier or contractor or
subcontractor of a railroad carrier to perform a security background
check of a covered individual, the Secretary shall--
(1) provide an adequate redress process for a covered
individual subjected to an adverse employment decision, including
removal or suspension of the employee, due to such rule,
regulation, or directive that is consistent with the appeals and
waiver process established for applicants for commercial motor
vehicle hazardous materials endorsements and transportation
employees at ports, as required by section 70105(c) of title 46,
United States Code; and
(2) have the authority to order an appropriate remedy,
including reinstatement of the covered individual, should the
Secretary determine that a railroad carrier or contractor or
subcontractor of a railroad carrier wrongfully made an adverse
employment decision regarding a covered individual pursuant to such
rule, regulation, or directive.
(e) False Statements.--A railroad carrier or a contractor or
subcontractor of a railroad carrier may not knowingly misrepresent to
an employee or other relevant person, including an arbiter involved in
a labor arbitration, the scope, application, or meaning of any rules,
regulations, directives, or guidance issued by the Secretary related to
security background check requirements for covered individuals when
conducting a security background check. Not later than 1 year after the
date of enactment of this Act, the Secretary shall issue a regulation
that prohibits a railroad carrier or a contractor or subcontractor of a
railroad carrier from knowingly misrepresenting to an employee or other
relevant person, including an arbiter involved in a labor arbitration,
the scope, application, or meaning of any rules, regulations,
directives, or guidance issued by the Secretary related to security
background check requirements for covered individuals when conducting a
security background check.
(f) Rights and Responsibilities.--Nothing in this section shall be
construed to abridge a railroad carrier's or a contractor or
subcontractor of a railroad carrier's rights or responsibilities to
make adverse employment decisions permitted by other Federal, State, or
local laws. Nothing in the section shall be construed to abridge rights
and responsibilities of covered individuals, a railroad carrier, or a
contractor or subcontractor of a railroad carrier, under any other
Federal, State, or local laws or under any collective bargaining
agreement.
(g) No Preemption of Federal or State Law.--Nothing in this section
shall be construed to preempt a Federal, State, or local law that
requires criminal history background checks, immigration status checks,
or other background checks, of covered individuals.
(h) Statutory Construction.--Nothing in this section shall be
construed to affect the process for review established under section
70105(c) of title 46, United States Code, including regulations issued
pursuant to such section.
SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Administrator of
the Transportation Security Administration, the Secretary of
Transportation, heads of other appropriate Federal departments and
agencies and Amtrak shall transmit a report to the appropriate
congressional committees that contains--
(1) a description of the current system for screening
passengers and baggage on passenger railroad service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States and
Canada as outlined in ``The Agreement on Air Transport Preclearance
between the Government of Canada and the Government of the United
States of America'', dated January 18, 2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United States
and Canada as outlined in the ``Declaration of Principle for the
Improved Security of Rail Shipments by Canadian National Railway
and Canadian Pacific Railway from Canada to the United States'',
dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a bilateral
protocol with Canada that would provide for preclearance of
passengers on trains operating between the United States and
Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to providing
prescreened passenger lists for railroad passengers traveling
between the United States and Canada to the Department;
(6) a description of the position of the Government of Canada
and relevant Canadian agencies with respect to preclearance of such
passengers;
(7) a draft of any changes in existing Federal law necessary to
provide for prescreening of such passengers and providing
prescreened passenger lists to the Department; and
(8) an analysis of the feasibility of reinstating in-transit
inspections onboard international Amtrak trains.
(b) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In preparing the report under this section,
the Secretary shall consult with the Chief Privacy Officer of the
Department and the Officer for Civil Rights and Civil Liberties of
the Department as appropriate and in accordance with section 222 of
the Homeland Security Act of 2002.
(2) Privacy impact assessments.--In accordance with sections
222 and 705 of the Homeland Security Act of 2002, the report must
contain a privacy impact assessment conducted by the Chief Privacy
Officer and a review conducted by the Officer for Civil Rights and
Civil Liberties.
SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM.
(a) In General.--
(1) The Secretary shall develop a system to detect both
undeclared passengers and contraband, with a primary focus on the
detection of nuclear and radiological materials entering the United
States by railroad.
(2) System requirements.--In developing the system under
paragraph (1), the Secretary may, in consultation with the Domestic
Nuclear Detection Office, Customs and Border Protection, and the
Transportation Security Administration--
(A) deploy radiation detection equipment and nonintrusive
imaging equipment at locations where railroad shipments cross
an international border to enter the United States;
(B) consider the integration of radiation detection
technologies with other nonintrusive inspection technologies
where feasible;
(C) ensure appropriate training, operations, and response
protocols are established for Federal, State, and local
personnel;
(D) implement alternative procedures to check railroad
shipments at locations where the deployment of nonintrusive
inspection imaging equipment is determined to not be
practicable;
(E) ensure, to the extent practicable, that such
technologies deployed can detect terrorists or weapons,
including weapons of mass destruction; and
(F) take other actions, as appropriate, to develop the
system.
(b) Additional Information.--The Secretary shall--
(1) identify and seek the submission of additional data
elements for improved high-risk targeting related to the movement
of cargo through the international supply chain utilizing a
railroad prior to importation into the United States;
(2) utilize data collected and maintained by the Secretary of
Transportation in the targeting of high-risk cargo identified under
paragraph (1); and
(3) analyze the data provided in this subsection to identify
high-risk cargo for inspection.
(c) Report to Congress.--Not later than September 30, 2008, the
Secretary shall transmit to the appropriate congressional committees a
report that describes the progress of the system being developed under
subsection (a).
(d) Definitions.--In this section:
(1) International supply chain.--The term ``international
supply chain'' means the end-to-end process for shipping goods to
or from the United States, beginning at the point of origin
(including manufacturer, supplier, or vendor) through a point of
distribution to the destination.
(2) Radiation detection equipment.--The term ``radiation
detection equipment'' means any technology that is capable of
detecting or identifying nuclear and radiological material or
nuclear and radiological explosive devices.
(3) Inspection.--The term ``inspection'' means the
comprehensive process used by Customs and Border Protection to
assess goods entering the United States to appraise them for duty
purposes, to detect the presence of restricted or prohibited items,
and to ensure compliance with all applicable laws.
SEC. 1525. TRANSMISSION LINE REPORT.
(a) Study.--The Comptroller General shall undertake an assessment
of the placement of high-voltage, direct-current, electric transmission
lines along active railroad and other transportation rights-of-way. In
conducting the assessment, the Comptroller General shall evaluate any
economic, safety, and security risks and benefits to inhabitants living
adjacent to such rights-of-way and to consumers of electric power
transmitted by such transmission lines.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Comptroller General shall transmit the results of the
assessment in subsection (a) to the appropriate congressional
committees.
SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.
(a) Railroad Police Officers.--Section 28101 of title 49, United
States Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under''; and
(2) by adding at the end the following:
``(b) Assignment.--A railroad police officer employed by a railroad
carrier and certified or commissioned as a police officer under the
laws of a State may be temporarily assigned to assist a second railroad
carrier in carrying out law enforcement duties upon the request of the
second railroad carrier, at which time the police officer shall be
considered to be an employee of the second railroad carrier and shall
have authority to enforce the laws of any jurisdiction in which the
second railroad carrier owns property to the same extent as provided in
subsection (a).''.
(b) Model State Legislation.--Not later than November 2, 2007, the
Secretary of Transportation shall develop and make available to States
model legislation to address the problem of entities that claim to be
railroad carriers in order to establish and run a police force when the
entities do not in fact provide railroad transportation. In developing
the model State legislation the Secretary shall solicit the input of
the States, railroads carriers, and railroad carrier employees. The
Secretary shall review and, if necessary, revise such model State
legislation periodically.
SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK
CONTRACTS.
Section 24301 of title 49, United States Code, is amended by adding
at the end the following:
``(o) Applicability of District of Columbia Law.--Any lease or
contract entered into between Amtrak and the State of Maryland, or any
department or agency of the State of Maryland, after the date of the
enactment of this subsection shall be governed by the laws of the
District of Columbia.''.
SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.
Section 20106 of title 49, United States Code, is amended to read
as follows:
``Sec. 20106. Preemption
``(a) National Uniformity of Regulation.--(1) Laws, regulations,
and orders related to railroad safety and laws, regulations, and orders
related to railroad security shall be nationally uniform to the extent
practicable.
``(2) A State may adopt or continue in force a law, regulation, or
order related to railroad safety or security until the Secretary of
Transportation (with respect to railroad safety matters), or the
Secretary of Homeland Security (with respect to railroad security
matters), prescribes a regulation or issues an order covering the
subject matter of the State requirement. A State may adopt or continue
in force an additional or more stringent law, regulation, or order
related to railroad safety or security when the law, regulation, or
order--
``(A) is necessary to eliminate or reduce an essentially local
safety or security hazard;
``(B) is not incompatible with a law, regulation, or order of
the United States Government; and
``(C) does not unreasonably burden interstate commerce.
``(b) Clarification Regarding State Law Causes of Action.--(1)
Nothing in this section shall be construed to preempt an action under
State law seeking damages for personal injury, death, or property
damage alleging that a party--
``(A) has failed to comply with the Federal standard of care
established by a regulation or order issued by the Secretary of
Transportation (with respect to railroad safety matters), or the
Secretary of Homeland Security (with respect to railroad security
matters), covering the subject matter as provided in subsection (a)
of this section;
``(B) has failed to comply with its own plan, rule, or standard
that it created pursuant to a regulation or order issued by either
of the Secretaries; or
``(C) has failed to comply with a State law, regulation, or
order that is not incompatible with subsection (a)(2).
``(2) This subsection shall apply to all pending State law causes
of action arising from events or activities occurring on or after
January 18, 2002.
``(c) Jurisdiction.--Nothing in this section creates a Federal
cause of action on behalf of an injured party or confers Federal
question jurisdiction for such State law causes of action.''.
Subtitle C--Over-the-Road Bus and Trucking Security
SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall issue regulations that--
(1) require each over-the-road bus operator assigned to a high-
risk tier under this section--
(A) to conduct a vulnerability assessment in accordance
with subsections (c) and (d); and
(B) to prepare, submit to the Secretary for approval, and
implement a security plan in accordance with subsection (e);
and
(2) establish standards and guidelines for developing and
implementing the vulnerability assessments and security plans for
carriers assigned to high-risk tiers consistent with this section.
(b) Non High-Risk Programs.--The Secretary may establish a security
program for over-the-road bus operators not assigned to a high-risk
tier, including--
(1) guidance for such operators in conducting vulnerability
assessments and preparing and implementing security plans, as
determined appropriate by the Secretary; and
(2) a process to review and approve such assessments and plans,
as appropriate.
(c) Deadline for Submission.--Not later than 9 months after the
date of issuance of the regulations under subsection (a), the
vulnerability assessments and security plans required by such
regulations for over-the-road bus operators assigned to a high-risk
tier shall be completed and submitted to the Secretary for review and
approval.
(d) Vulnerability Assessments.--
(1) Requirements.--The Secretary shall provide technical
assistance and guidance to over-the-road bus operators in
conducting vulnerability assessments under this section and shall
require that each vulnerability assessment of an operator assigned
to a high-risk tier under this section includes, as appropriate--
(A) identification and evaluation of critical assets and
infrastructure, including platforms, stations, terminals, and
information systems;
(B) identification of the vulnerabilities to those assets
and infrastructure; and
(C) identification of weaknesses in--
(i) physical security;
(ii) passenger and cargo security;
(iii) the security of programmable electronic devices,
computers, or other automated systems which are used in
providing over-the-road bus transportation;
(iv) alarms, cameras, and other protection systems;
(v) communications systems and utilities needed for
over-the-road bus security purposes, including dispatching
systems;
(vi) emergency response planning;
(vii) employee training; and
(viii) such other matters as the Secretary determines
appropriate.
(2) Threat information.--The Secretary shall provide in a
timely manner to the appropriate employees of an over-the-road bus
operator, as designated by the over-the-road bus operator, threat
information that is relevant to the operator when preparing and
submitting a vulnerability assessment and security plan, including
an assessment of the most likely methods that could be used by
terrorists to exploit weaknesses in over-the-road bus security.
(e) Security Plans.--
(1) Requirements.--The Secretary shall provide technical
assistance and guidance to over-the-road bus operators in preparing
and implementing security plans under this section and shall
require that each security plan of an over-the-road bus operator
assigned to a high-risk tier under this section includes, as
appropriate--
(A) the identification of a security coordinator having
authority--
(i) to implement security actions under the plan;
(ii) to coordinate security improvements; and
(iii) to receive communications from appropriate
Federal officials regarding over-the-road bus security;
(B) a list of needed capital and operational improvements;
(C) procedures to be implemented or used by the over-the-
road bus operator in response to a terrorist attack, including
evacuation and passenger communication plans that include
individuals with disabilities, as appropriate;
(D) the identification of steps taken with State and local
law enforcement agencies, emergency responders, and Federal
officials to coordinate security measures and plans for
response to a terrorist attack;
(E) a strategy and timeline for conducting training under
section 1534;
(F) enhanced security measures to be taken by the over-the-
road bus operator when the Secretary declares a period of
heightened security risk;
(G) plans for providing redundant and backup systems
required to ensure the continued operation of critical elements
of the over-the-road bus operator's system in the event of a
terrorist attack or other incident; and
(H) such other actions or procedures as the Secretary
determines are appropriate to address the security of over-the-
road bus operators.
(2) Security coordinator requirements.--The Secretary shall
require that the individual serving as the security coordinator
identified in paragraph (1)(A) is a citizen of the United States.
The Secretary may waive this requirement with respect to an
individual if the Secretary determines that it is appropriate to do
so based on a background check of the individual and a review of
the consolidated terrorist watchlist.
(f) Deadline for Review Process.--Not later than 6 months after
receiving the assessments and plans required under this section, the
Secretary shall--
(1) review each vulnerability assessment and security plan
submitted to the Secretary in accordance with subsection (c);
(2) require amendments to any security plan that does not meet
the requirements of this section; and
(3) approve any vulnerability assessment or security plan that
meets the requirements of this section.
(g) Interim Security Measures.--The Secretary may require over-the-
road bus operators, during the period before the deadline established
under subsection (c), to submit a security plan to implement any
necessary interim security measures essential to providing adequate
security of the over-the-road bus operator's system. An interim plan
required under this subsection shall be superseded by a plan required
under subsection (c).
(h) Tier Assignment.--The Secretary shall assign each over-the-road
bus operator to a risk-based tier established by the Secretary:
(1) Provision of information.--The Secretary may request, and
an over-the-road bus operator shall provide, information necessary
for the Secretary to assign an over-the-road bus operator to the
appropriate tier under this subsection.
(2) Notification.--Not later than 60 days after the date an
over-the-road bus operator is assigned to a tier under this
section, the Secretary shall notify the operator of the tier to
which it is assigned and the reasons for such assignment.
(3) High-risk tiers.--At least one of the tiers established by
the Secretary under this section shall be a tier designated for
high-risk over-the-road bus operators.
(4) Reassignment.--The Secretary may reassign an over-the-road
bus operator to another tier, as appropriate, in response to
changes in risk and the Secretary shall notify the over-the-road
bus operator within 60 days after such reassignment and provide the
operator with the reasons for such reassignment.
(i) Existing Procedures, Protocols, and Standards.--
(1) Determination.--In response to a petition by an over-the-
road bus operator or at the discretion of the Secretary, the
Secretary may determine that existing procedures, protocols, and
standards meet all or part of the requirements of this section
regarding vulnerability assessments and security plans.
(2) Election.--Upon review and written determination by the
Secretary that existing procedures, protocols, or standards of an
over-the-road bus operator satisfy the requirements of this
section, the over-the-road bus operator may elect to comply with
those procedures, protocols, or standards instead of the
requirements of this section.
(3) Partial approval.--If the Secretary determines that the
existing procedures, protocols, or standards of an over-the-road
bus operator satisfy only part of the requirements of this section,
the Secretary may accept such submission, but shall require
submission by the operator of any additional information relevant
to the vulnerability assessment and security plan of the operator
to ensure that the remaining requirements of this section are
fulfilled.
(4) Notification.--If the Secretary determines that particular
existing procedures, protocols, or standards of an over-the-road
bus operator under this subsection do not satisfy the requirements
of this section, the Secretary shall provide to the operator a
written notification that includes an explanation of the reasons
for nonacceptance.
(5) Review.--Nothing in this subsection shall relieve the
Secretary of the obligation--
(A) to review the vulnerability assessment and security
plan submitted by an over-the-road bus operator under this
section; and
(B) to approve or disapprove each submission on an
individual basis.
(j) Periodic Evaluation by Over-the-Road Bus Provider Required.--
(1) Submission of evaluation.--Not later than 3 years after the
date on which a vulnerability assessment or security plan required
to be submitted to the Secretary under subsection (c) is approved,
and at least once every 5 years thereafter (or on such a schedule
as the Secretary may establish by regulation), an over-the-road bus
operator who submitted a vulnerability assessment and security plan
and who is still assigned to the high-risk tier shall also submit
to the Secretary an evaluation of the adequacy of the vulnerability
assessment and security plan that includes a description of any
material changes made to the vulnerability assessment or security
plan.
(2) Review of evaluation.--Not later than 180 days after the
date on which an evaluation is submitted, the Secretary shall
review the evaluation and notify the over-the-road bus operator
submitting the evaluation of the Secretary's approval or
disapproval of the evaluation.
(k) Shared Facilities.--The Secretary may permit under this section
the development and implementation of coordinated vulnerability
assessments and security plans to the extent that an over-the-road bus
operator shares facilities with, or is colocated with, other
transportation entities or providers that are required to develop
vulnerability assessments and security plans under Federal law.
(l) Nondisclosure of Information.--
(1) Submission of information to congress.--Nothing in this
section shall be construed as authorizing the withholding of any
information from Congress.
(2) Disclosure of independently furnished information.--Nothing
in this section shall be construed as affecting any authority or
obligation of a Federal agency to disclose any record or
information that the Federal agency obtains from an over-the-road
bus operator under any other Federal law.
SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary shall establish a program for making
grants to eligible private operators providing transportation by an
over-the-road bus for security improvements described in subsection
(b).
(b) Uses of Funds.--A recipient of a grant received under
subsection (a) shall use the grant funds for one or more of the
following:
(1) Constructing and modifying terminals, garages, and
facilities, including terminals and other over-the-road bus
facilities owned by State or local governments, to increase their
security.
(2) Modifying over-the-road buses to increase their security.
(3) Protecting or isolating the driver of an over-the-road bus.
(4) Acquiring, upgrading, installing, or operating equipment,
software, or accessorial services for collection, storage, or
exchange of passenger and driver information through ticketing
systems or other means and for information links with government
agencies, for security purposes.
(5) Installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-road
bus facilities.
(6) Establishing and improving an emergency communications
system linking drivers and over-the-road buses to the recipient's
operations center or linking the operations center to law
enforcement and emergency personnel.
(7) Implementing and operating passenger screening programs for
weapons and explosives.
(8) Public awareness campaigns for enhanced over-the-road bus
security.
(9) Operating and capital costs associated with over-the-road
bus security awareness, preparedness, and response training,
including training under section 1534 and training developed by
institutions of higher education and by nonprofit employee labor
organizations, for over-the-road bus employees, including frontline
employees.
(10) Chemical, biological, radiological, or explosive
detection, including canine patrols for such detection.
(11) Overtime reimbursement, including reimbursement of State,
local, and tribal governments for costs, for enhanced security
personnel assigned to duties related to over-the-road bus security
during periods of high or severe threat levels, National Special
Security Events, or other periods of heightened security as
determined by the Secretary.
(12) Live or simulated exercises, including those described in
section 1533.
(13) Operational costs to hire, train, and employ police and
security officers, including canine units, assigned to full-time
security or counterterrorism duties related to over-the-road bus
transportation, including reimbursement of State, local, and tribal
government costs for such personnel.
(14) Development of assessments or security plans under section
1531.
(15) Such other improvements as the Secretary considers
appropriate.
(c) Due Consideration.--In making grants under this section, the
Secretary shall prioritize grant funding based on security risks to bus
passengers and the ability of a project to reduce, or enhance response
to, that risk, and shall not penalize private operators of over-the-
road buses that have taken measures to enhance over-the-road bus
transportation security prior to September 11, 2001.
(d) Department of Homeland Security Responsibilities.--In carrying
out the responsibilities under subsection (a), the Secretary shall--
(1) determine the requirements for recipients of grants under
this section, including application requirements;
(2) select grant recipients;
(3) award the funds authorized by this section based on risk,
as identified by the plans required under section 1531 or
assessment or plan described in subsection (f)(2); and
(4) pursuant to subsection (c), establish priorities for the
use of funds for grant recipients.
(e) Distribution of Grants.--Not later than 90 days after the date
of enactment of this Act, the Secretary and the Secretary of
Transportation shall determine the most effective and efficient way to
distribute grant funds to the recipients of grants determined by the
Secretary under subsection (a). Subject to the determination made by
the Secretaries, the Secretary may transfer funds to the Secretary of
Transportation for the purposes of disbursing funds to the grant
recipient.
(f) Eligibility.--
(1) A private operator providing transportation by an over-the-
road bus is eligible for a grant under this section if the operator
has completed a vulnerability assessment and developed a security
plan that the Secretary has approved under section 1531. Grant
funds may only be used for permissible uses under subsection (b) to
further an over-the-road bus security plan.
(2) Notwithstanding the requirements for eligibility and uses
in paragraph (1), prior to the earlier of 1 year after the date of
issuance of final regulations requiring vulnerability assessments
and security plans under section 1531 or 3 years after the date of
enactment of this Act, the Secretary may award grants under this
section for over-the-road bus security improvements listed under
subsection (b) based upon over-the-road bus vulnerability
assessments and security plans that the Secretary deems are
sufficient for the purposes of this section but have not been
approved by the Secretary in accordance with section 1531.
(g) Subject to Certain Terms and Conditions.--Except as otherwise
specifically provided in this section, a grant made under this section
shall be subject to the terms and conditions applicable to
subrecipients who provide over-the-road bus transportation under
section 5311(f) of title 49, United States Code, and such other terms
and conditions as are determined necessary by the Secretary.
(h) Limitation on Uses of Funds.--A grant made under this section
may not be used to make any State or local government cost-sharing
contribution under any other Federal law.
(i) Annual Reports.--Each recipient of a grant under this section
shall report annually to the Secretary and on the use of such grant
funds.
(j) Consultation.--In carrying out this section, the Secretary
shall consult with over-the-road bus operators and nonprofit employee
labor organizations representing over-the-road bus employees, public
safety and law enforcement officials.
(k) Authorization.--
(1) In general.--From the amounts appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1503 of this Act, there shall be made available to the
Secretary to make grants under this section--
(A) $12,000,000 for fiscal year 2008;
(B) $25,000,000 for fiscal year 2009;
(C) $25,000,000 for fiscal year 2010; and
(D) $25,000,000 for fiscal year 2011.
(2) Period of availability.--Sums appropriated to carry out
this section shall remain available until expended.
SEC. 1533. OVER-THE-ROAD BUS EXERCISES.
(a) In General.--The Secretary shall establish a program for
conducting security exercises for over-the-road bus transportation for
the purpose of assessing and improving the capabilities of entities
described in subsection (b) to prevent, prepare for, mitigate, respond
to, and recover from acts of terrorism.
(b) Covered Entities.--Entities to be assessed under the program
shall include--
(1) Federal, State, and local agencies and tribal governments;
(2) over-the-road bus operators and over-the-road bus terminal
owners and operators;
(3) governmental and nongovernmental emergency response
providers and law enforcement agencies; and
(4) any other organization or entity that the Secretary
determines appropriate.
(c) Requirements.--The Secretary shall ensure that the program--
(1) consolidates existing security exercises for over-the-road
bus operators and terminals administered by the Department and the
Department of Transportation, as jointly determined by the
Secretary and the Secretary of Transportation, unless the Secretary
waives this consolidation requirement, as appropriate;
(2) consists of exercises that are--
(A) scaled and tailored to the needs of the over-the-road
bus operators and terminals, including addressing the needs of
the elderly and individuals with disabilities;
(B) live, in the case of the most at-risk facilities to a
terrorist attack;
(C) coordinated with appropriate officials;
(D) as realistic as practicable and based on current risk
assessments, including credible threats, vulnerabilities, and
consequences;
(E) inclusive, as appropriate, of over-the-road bus
frontline employees; and
(F) consistent with the National Incident Management
System, the National Response Plan, the National Infrastructure
Protection Plan, the National Preparedness Guidance, the
National Preparedness Goal, and other such national
initiatives;
(3) provides that exercises described in paragraph (2) will
be--
(A) evaluated by the Secretary against clear and consistent
performance measures;
(B) assessed by the Secretary to identify best practices,
which shall be shared, as appropriate, with operators providing
over-the-road bus transportation, nonprofit employee
organizations that represent over-the-road bus employees,
Federal, State, local, and tribal officials, governmental and
nongovernmental emergency response providers, and law
enforcement personnel; and
(C) used to develop recommendations, as appropriate,
provided to over-the-road bus operators and terminal owners and
operators on remedial action to be taken in response to lessons
learned;
(4) allows for proper advanced notification of communities and
local governments in which exercises are held, as appropriate; and
(5) assists State, local, and tribal governments and over-the-
road bus operators and terminal owners and operators in designing,
implementing, and evaluating additional exercises that conform to
the requirements of paragraph (2).
(d) National Exercise Program.--The Secretary shall ensure that the
exercise program developed under subsection (c) is consistent with the
National Exercise Program established under section 648 of the Post
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
748).
SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall develop and issue
regulations for an over-the-road bus training program to prepare over-
the-road bus frontline employees for potential security threats and
conditions. The regulations shall take into consideration any current
security training requirements or best practices.
(b) Consultation.--The Secretary shall develop regulations under
subsection (a) in consultation with--
(1) appropriate law enforcement, fire service, emergency
response, security, and terrorism experts;
(2) operators providing over-the-road bus transportation; and
(3) nonprofit employee labor organizations representing over-
the-road bus employees and emergency response personnel.
(c) Program Elements.--The regulations developed under subsection
(a) shall require security training programs, to include, at a minimum,
elements to address the following, as applicable:
(1) Determination of the seriousness of any occurrence or
threat.
(2) Driver and passenger communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of personal and other protective equipment.
(5) Evacuation procedures for passengers and over-the-road bus
employees, including individuals with disabilities and the elderly.
(6) Psychology, behavior, and methods of terrorists, including
observation and analysis.
(7) Training related to psychological responses to terrorist
incidents, including the ability to cope with hijacker behavior and
passenger responses.
(8) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(9) Recognition and reporting of dangerous substances,
suspicious packages, and situations.
(10) Understanding security incident procedures, including
procedures for communicating with emergency response providers and
for on-scene interaction with such emergency response providers.
(11) Operation and maintenance of security equipment and
systems.
(12) Other security training activities that the Secretary
considers appropriate.
(d) Required Programs.--
(1) Development and submission to secretary.--Not later than 90
days after the Secretary issues the regulations under subsection
(a), each over-the-road bus operator shall develop a security
training program in accordance with such regulations and submit the
program to the Secretary for approval.
(2) Approval.--Not later than 60 days after receiving a
security training program under this subsection, the Secretary
shall approve the program or require the over-the-road bus operator
that developed the program to make any revisions to the program
that the Secretary considers necessary for the program to meet the
requirements of the regulations. An over-the-road bus operator
shall respond to the Secretary's comments not later than 30 days
after receiving them.
(3) Training.--Not later than 1 year after the Secretary
approves a security training program in accordance with this
subsection, the over-the-road bus operator that developed the
program shall complete the training of all over-the-road bus
frontline employees who were hired by the operator more than 30
days preceding such date. For such employees employed less than 30
days by an operator preceding such date, training shall be
completed within the first 60 days of employment.
(4) Updates of regulations and program revisions.--The
Secretary shall periodically review and update, as appropriate, the
training regulations issued under subsection (a) to reflect new or
changing security threats. Each over-the-road bus operator shall
revise its training program accordingly and provide additional
training as necessary to its employees within a reasonable time
after the regulations are updated.
(e) National Training Program.--The Secretary shall ensure that the
training program developed under subsection (a) is a component of the
National Training Program established under section 648 of the Post
Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
748).
(f) Reporting Requirements.--Not later than 2 years after the date
of regulation issuance, the Secretary shall review implementation of
the training program of a representative sample of over-the-road bus
operators and over-the-road bus frontline employees, and report to the
appropriate congressional committees of such reviews. The Secretary may
submit the report in both classified and redacted formats as necessary.
SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, acting through the Under Secretary for Science and
Technology and the Administrator of the Transportation Security
Administration, shall carry out a research and development program for
the purpose of improving the security of over-the-road buses.
(b) Eligible Projects.--The research and development program may
include projects--
(1) to reduce the vulnerability of over-the-road buses,
stations, terminals, and equipment to explosives and hazardous
chemical, biological, and radioactive substances, including the
development of technology to screen passengers in large numbers
with minimal interference and disruption;
(2) to test new emergency response and recovery techniques and
technologies, including those used at international borders;
(3) to develop improved technologies, including those for--
(A) emergency response training, including training in a
tunnel environment, if appropriate; and
(B) security and redundancy for critical communications,
electrical power, computer, and over-the-road bus control
systems; and
(4) to address other vulnerabilities and risks identified by
the Secretary.
(c) Coordination With Other Research Initiatives.--The Secretary--
(1) shall ensure that the research and development program is
consistent with the other transportation security research and
development programs required by this Act;
(2) shall, to the extent practicable, coordinate the research
and development activities of the Department with other ongoing
research and development security-related initiatives, including
research being conducted by--
(A) the Department of Transportation, including University
Transportation Centers and other institutes, centers, and
simulators funded by the Department of Transportation;
(B) the National Academy of Sciences;
(C) the Technical Support Working Group;
(D) other Federal departments and agencies; and
(E) other Federal and private research laboratories,
research entities, and institutions of higher education,
including Historically Black Colleges and Universities,
Hispanic Serving Institutions, and Indian Tribally Controlled
Colleges and Universities;
(3) shall carry out any research and development project
authorized by this section through a reimbursable agreement with an
appropriate Federal agency, if the agency--
(A) is currently sponsoring a research and development
project in a similar area; or
(B) has a unique facility or capability that would be
useful in carrying out the project;
(4) may award grants and enter into cooperative agreements,
contracts, other transactions, or reimbursable agreements to the
entities described in paragraph (2) and eligible recipients under
section 1532; and
(5) shall make reasonable efforts to enter into memoranda of
understanding, contracts, grants, cooperative agreements, or other
transactions with private operators providing over-the-road bus
transportation willing to contribute assets, physical space, and
other resources.
(d) Privacy and Civil Rights and Civil Liberties Issues.--
(1) Consultation.--In carrying out research and development
projects under this section, the Secretary shall consult with the
Chief Privacy Officer of the Department and the Officer for Civil
Rights and Civil Liberties of the Department as appropriate and in
accordance with section 222 of the Homeland Security Act of 2002.
(2) Privacy impact assessments.--In accordance with sections
222 and 705 of the Homeland Security Act of 2002, the Chief Privacy
Officer shall conduct privacy impact assessments and the Officer
for Civil Rights and Civil Liberties shall conduct reviews, as
appropriate, for research and development initiatives developed
under this section that the Secretary determines could have an
impact on privacy, civil rights, or civil liberties.
(e) Authorization of Appropriations.--
(1) In general.--From the amounts appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1503 of this Act, there shall be made available to the
Secretary to carry out this section--
(A) $2,000,000 for fiscal year 2008;
(B) $2,000,000 for fiscal year 2009;
(C) $2,000,000 for fiscal year 2010; and
(D) $2,000,000 for fiscal year 2011.
(2) Period of availability.--Such sums shall remain available
until expended.
SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.
Section 31105 of title 49, United States Code, is amended to read:
``(a) Prohibitions.--(1) A person may not discharge an employee, or
discipline or discriminate against an employee regarding pay, terms, or
privileges of employment, because--
``(A)(i) the employee, or another person at the employee's
request, has filed a complaint or begun a proceeding related to a
violation of a commercial motor vehicle safety or security
regulation, standard, or order, or has testified or will testify in
such a proceeding; or
``(ii) the person perceives that the employee has filed or is
about to file a complaint or has begun or is about to begin a
proceeding related to a violation of a commercial motor vehicle
safety or security regulation, standard, or order;
``(B) the employee refuses to operate a vehicle because--
``(i) the operation violates a regulation, standard, or
order of the United States related to commercial motor vehicle
safety, health, or security; or
``(ii) the employee has a reasonable apprehension of
serious injury to the employee or the public because of the
vehicle's hazardous safety or security condition;
``(C) the employee accurately reports hours on duty pursuant to
chapter 315;
``(D) the employee cooperates, or the person perceives that the
employee is about to cooperate, with a safety or security
investigation by the Secretary of Transportation, the Secretary of
Homeland Security, or the National Transportation Safety Board; or
``(E) the employee furnishes, or the person perceives that the
employee is or is about to furnish, information to the Secretary of
Transportation, the Secretary of Homeland Security, the National
Transportation Safety Board, or any Federal, State, or local
regulatory or law enforcement agency as to the facts relating to
any accident or incident resulting in injury or death to an
individual or damage to property occurring in connection with
commercial motor vehicle transportation.
``(2) Under paragraph (1)(B)(ii) of this subsection, an employee's
apprehension of serious injury is reasonable only if a reasonable
individual in the circumstances then confronting the employee would
conclude that the hazardous safety or security condition establishes a
real danger of accident, injury, or serious impairment to health. To
qualify for protection, the employee must have sought from the
employer, and been unable to obtain, correction of the hazardous safety
or security condition.
``(b) Filing Complaints and Procedures.--(1) An employee alleging
discharge, discipline, or discrimination in violation of subsection (a)
of this section, or another person at the employee's request, may file
a complaint with the Secretary of Labor not later than 180 days after
the alleged violation occurred. All complaints initiated under this
section shall be governed by the legal burdens of proof set forth in
section 42121(b). On receiving the complaint, the Secretary of Labor
shall notify, in writing, the person alleged to have committed the
violation of the filing of the complaint.
``(2)(A) Not later than 60 days after receiving a complaint, the
Secretary of Labor shall conduct an investigation, decide whether it is
reasonable to believe the complaint has merit, and notify, in writing,
the complainant and the person alleged to have committed the violation
of the findings. If the Secretary of Labor decides it is reasonable to
believe a violation occurred, the Secretary of Labor shall include with
the decision findings and a preliminary order for the relief provided
under paragraph (3) of this subsection.
``(B) Not later than 30 days after the notice under subparagraph
(A) of this paragraph, the complainant and the person alleged to have
committed the violation may file objections to the findings or
preliminary order, or both, and request a hearing on the record. The
filing of objections does not stay a reinstatement ordered in the
preliminary order. If a hearing is not requested within the 30 days,
the preliminary order is final and not subject to judicial review.
``(C) A hearing shall be conducted expeditiously. Not later than
120 days after the end of the hearing, the Secretary of Labor shall
issue a final order. Before the final order is issued, the proceeding
may be ended by a settlement agreement made by the Secretary of Labor,
the complainant, and the person alleged to have committed the
violation.
``(3)(A) If the Secretary of Labor decides, on the basis of a
complaint, a person violated subsection (a) of this section, the
Secretary of Labor shall order the person to--
``(i) take affirmative action to abate the violation;
``(ii) reinstate the complainant to the former position with the
same pay and terms and privileges of employment; and
``(iii) pay compensatory damages, including backpay with interest
and compensation for any special damages sustained as a result of the
discrimination, including litigation costs, expert witness fees, and
reasonable attorney fees.
``(B) If the Secretary of Labor issues an order under subparagraph
(A) of this paragraph and the complainant requests, the Secretary of
Labor may assess against the person against whom the order is issued
the costs (including attorney fees) reasonably incurred by the
complainant in bringing the complaint. The Secretary of Labor shall
determine the costs that reasonably were incurred.
``(C) Relief in any action under subsection (b) may include
punitive damages in an amount not to exceed $250,000.
``(c) De Novo Review.--With respect to a complaint under paragraph
(1), if the Secretary of Labor has not issued a final decision within
210 days after the filing of the complaint and if the delay is not due
to the bad faith of the employee, the employee may bring an original
action at law or equity for de novo review in the appropriate district
court of the United States, which shall have jurisdiction over such an
action without regard to the amount in controversy, and which action
shall, at the request of either party to such action, be tried by the
court with a jury.
``(d) Judicial Review and Venue.--A person adversely affected by an
order issued after a hearing under subsection (b) of this section may
file a petition for review, not later than 60 days after the order is
issued, in the court of appeals of the United States for the circuit in
which the violation occurred or the person resided on the date of the
violation. Review shall conform to chapter 7 of title 5. The review
shall be heard and decided expeditiously. An order of the Secretary of
Labor subject to review under this subsection is not subject to
judicial review in a criminal or other civil proceeding.
``(e) Civil Actions to Enforce.--If a person fails to comply with
an order issued under subsection (b) of this section, the Secretary of
Labor shall bring a civil action to enforce the order in the district
court of the United States for the judicial district in which the
violation occurred.
``(f) No Preemption.--Nothing in this section preempts or
diminishes any other safeguards against discrimination, demotion,
discharge, suspension, threats, harassment, reprimand, retaliation, or
any other manner of discrimination provided by Federal or State law.
``(g) Rights Retained by Employee.--Nothing in this section shall
be deemed to diminish the rights, privileges, or remedies of any
employee under any Federal or State law or under any collective
bargaining agreement. The rights and remedies in this section may not
be waived by any agreement, policy, form, or condition of employment.
``(h) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this subsection,
or with the written consent of the employee, the Secretary of
Transportation or the Secretary of Homeland Security may not
disclose the name of an employee who has provided information about
an alleged violation of this part, or a regulation prescribed or
order issued under any of those provisions.
``(2) The Secretary of Transportation or the Secretary of
Homeland Security shall disclose to the Attorney General the name
of an employee described in paragraph (1) of this subsection if the
matter is referred to the Attorney General for enforcement. The
Secretary making such disclosure shall provide reasonable advance
notice to the affected employee if disclosure of that person's
identity or identifying information is to occur.
``(i) Process for Reporting Security Problems to the Department of
Homeland Security.--
``(1) Establishment of process.--The Secretary of Homeland
Security shall establish through regulations, after an opportunity
for notice and comment, a process by which any person may report to
the Secretary of Homeland Security regarding motor carrier vehicle
security problems, deficiencies, or vulnerabilities.
``(2) Acknowledgment of receipt.--If a report submitted under
paragraph (1) identifies the person making the report, the
Secretary of Homeland Security shall respond promptly to such
person and acknowledge receipt of the report.
``(3) Steps to address problem.--The Secretary of Homeland
Security shall review and consider the information provided in any
report submitted under paragraph (1) and shall take appropriate
steps to address any problems or deficiencies identified.
``(j) Definition.--In this section, `employee' means a driver of a
commercial motor vehicle (including an independent contractor when
personally operating a commercial motor vehicle), a mechanic, a freight
handler, or an individual not an employer, who--
``(1) directly affects commercial motor vehicle safety or
security in the course of employment by a commercial motor carrier;
and
``(2) is not an employee of the United States Government, a
State, or a political subdivision of a State acting in the course
of employment.''.
SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.
(a) Reenactment of SSRS.--Section 14504 of title 49, United States
Code, as that section was in effect on December 31, 2006, shall be in
effect as a law of the United States for the period beginning on
January 1, 2007, ending on the earlier of January 1, 2008, or the
effective date of the final regulations issued pursuant to subsection
(b).
(b) Deadline for Final Regulations.--Not later than October 1,
2007, the Federal Motor Carrier Safety Administration shall issue final
regulations to establish the Unified Carrier Registration System, as
required by section 13908 of title 49, United States Code, and set fees
for the unified carrier registration agreement for calendar year 2007
or subsequent calendar years to be charged to motor carriers, motor
private carriers, and freight forwarders under such agreement, as
required by 14504a of title 49, United States Code.
(c) Repeal of SSRS.--Section 4305(a) of the Safe, Accountable,
Flexible Efficient Transportation Equity Act: A Legacy for Users (119
Stat. 1764) is amended by striking ``the first January'' and all that
follows through ``this Act'' and inserting ``January 1, 2008''.
SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.
(a) School Bus Security Risk Assessment.--Not later than 1 year
after the date of enactment of this Act, the Secretary shall transmit
to the appropriate congressional committees a report, including a
classified report, as appropriate, containing a comprehensive
assessment of the risk of a terrorist attack on the Nation's school bus
transportation system in accordance with the requirements of this
section.
(b) Contents of Risk Assessment.--The assessment shall include--
(1) an assessment of security risks to the Nation's school bus
transportation system, including publicly and privately operated
systems;
(2) an assessment of actions already taken by operators or
others to address identified security risks; and
(3) an assessment of whether additional actions and investments
are necessary to improve the security of passengers traveling on
school buses and a list of such actions or investments, if
appropriate.
(c) Consultation.--In conducting the risk assessment, the Secretary
shall consult with administrators and officials of school systems,
representatives of the school bus industry, including both publicly and
privately operated systems, public safety and law enforcement
officials, and nonprofit employee labor organizations representing
school bus drivers.
SEC. 1539. TECHNICAL AMENDMENT.
Section 1992(d)(7) of title 18, United States Code, is amended by
inserting ``intercity bus transportation'' after ``includes''.
SEC. 1540. TRUCK SECURITY ASSESSMENT.
(a) Definition.--For the purposes of this section, the term
``truck'' means any self-propelled or towed motor vehicle used on a
highway in interstate commerce to transport property when the vehicle--
(1) has a gross vehicle weight rating or gross combination
weight rating, or gross vehicle weight or gross combination weight,
of 4,536 kg (10,001 pounds) or more, whichever is greater; or
(2) is used in transporting material found by the Secretary of
Transportation to be hazardous under section 5103 of title 49,
United States Code, and transported in a quantity requiring
placarding under regulations prescribed by the Secretary under
subtitle B, chapter I, subchapter C of title 49, Code of Federal
Regulations.
(b) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in coordination with the Secretary of
Transportation, shall transmit a report to the appropriate
congressional committees on truck security issues that includes--
(1) a security risk assessment of the trucking industry;
(2) an assessment of actions already taken by both public and
private entities to address identified security risks;
(3) an assessment of the economic impact that security upgrades
of trucks, truck equipment, or truck facilities may have on the
trucking industry and its employees, including independent owner-
operators;
(4) an assessment of ongoing research by public and private
entities and the need for additional research on truck security;
(5) an assessment of industry best practices to enhance
security; and
(6) an assessment of the current status of secure truck
parking.
(c) Format.--The Secretary may submit the report in both classified
and redacted formats if the Secretary determines that such action is
appropriate or necessary.
SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX.
Not later than 1 year after the date of enactment of this Act, the
Secretary of Transportation and the Secretary shall execute and develop
an annex to the Memorandum of Understanding between the two departments
signed on September 28, 2004, governing the specific roles,
delineations of responsibilities, resources, and commitments of the
Department of Transportation and the Department of Homeland Security,
respectively, in addressing motor carrier transportation security
matters, including over-the-road bus security matters, and shall cover
the processes the Departments will follow to promote communications,
efficiency, and nonduplication of effort.
SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT
PROGRAM.
(a) Initial Report.--Not later than 90 days after the date of
enactment of this Act, the Inspector General of the Department of
Homeland Security shall submit a report to the appropriate
congressional committees on the Federal trucking industry security
grant program, for fiscal years 2004 and 2005 that--
(1) addresses the grant announcement, application, receipt,
review, award, monitoring, and closeout processes; and
(2) states the amount obligated or expended under the program
for fiscal years 2004 and 2005 for--
(A) infrastructure protection;
(B) training;
(C) equipment;
(D) educational materials;
(E) program administration;
(F) marketing; and
(G) other functions.
(b) Subsequent Report.--Not later than 1 year after the date of
enactment of this Act, the Inspector General of the Department of
Homeland Security shall submit a report to the appropriate
congressional committees that--
(1) analyzes the performance, efficiency, and effectiveness of
the Federal trucking industry security grant program, and the need
for the program using all years of available data; and
(2) makes recommendations regarding the future of the program,
including options to improve the effectiveness and utility of the
program and motor carrier security.
Subtitle D--Hazardous Material and Pipeline Security
SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary, shall publish a final rule based on the Pipeline
and Hazardous Materials Safety Administration's Notice of Proposed
Rulemaking published on December 21, 2006, entitled ``Hazardous
Materials: Enhancing Railroad Transportation Safety and Security for
Hazardous Materials Shipments''. The final rule shall incorporate the
requirements of this section and, as appropriate, public comments
received during the comment period of the rulemaking.
(b) Security-Sensitive Materials Commodity Data.--The Secretary of
Transportation shall ensure that the final rule requires each railroad
carrier transporting security-sensitive materials in commerce to, no
later than 90 days after the end of each calendar year, compile
security-sensitive materials commodity data. Such data must be
collected by route, line segment, or series of line segments, as
aggregated by the railroad carrier. Within the railroad carrier
selected route, the commodity data must identify the geographic
location of the route and the total number of shipments by the United
Nations identification number for the security-sensitive materials.
(c) Railroad Transportation Route Analysis for Security-Sensitive
Materials.--The Secretary of Transportation shall ensure that the final
rule requires each railroad carrier transporting security-sensitive
materials in commerce to, for each calendar year, provide a written
analysis of the safety and security risks for the transportation routes
identified in the security-sensitive materials commodity data collected
as required by subsection (b). The safety and security risks present
shall be analyzed for the route, railroad facilities, railroad storage
facilities, and high-consequence targets along or in proximity to the
route.
(d) Alternative Route Analysis for Security-Sensitive Materials.--
The Secretary of Transportation shall ensure that the final rule
requires each railroad carrier transporting security-sensitive
materials in commerce to--
(1) for each calendar year--
(A) identify practicable alternative routes over which the
railroad carrier has authority to operate as compared to the
current route for such a shipment analyzed under subsection
(c); and
(B) perform a safety and security risk assessment of the
alternative route for comparison to the route analysis
specified in subsection (c);
(2) ensure that the analysis under paragraph (1) includes--
(A) identification of safety and security risks for an
alternative route;
(B) comparison of those risks identified under subparagraph
(A) to the primary railroad transportation route, including the
risk of a catastrophic release from a shipment traveling along
the alternate route compared to the primary route;
(C) any remediation or mitigation measures implemented on
the primary or alternative route; and
(D) potential economic effects of using an alternative
route; and
(3) consider when determining the practicable alternative
routes under paragraph (1)(A) the use of interchange agreements
with other railroad carriers.
(e) Alternative Route Selection for Security-Sensitive Materials.--
The Secretary of Transportation shall ensure that the final rule
requires each railroad carrier transporting security-sensitive
materials in commerce to use the analysis required by subsections (c)
and (d) to select the safest and most secure route to be used in
transporting security-sensitive materials.
(f) Review.--The Secretary of Transportation shall ensure that the
final rule requires each railroad carrier transporting security-
sensitive materials in commerce to annually review and select the
practicable route posing the least overall safety and security risk in
accordance with this section. The railroad carrier must retain in
writing all route review and selection decision documentation and
restrict the distribution, disclosure, and availability of information
contained in the route analysis to appropriate persons. This
documentation should include, but is not limited to, comparative
analyses, charts, graphics, or railroad system maps.
(g) Retrospective Analysis.--The Secretary of Transportation shall
ensure that the final rule requires each railroad carrier transporting
security-sensitive materials in commerce to, not less than once every 3
years, analyze the route selection determinations required under this
section. Such an analysis shall include a comprehensive, systemwide
review of all operational changes, infrastructure modifications,
traffic adjustments, changes in the nature of high-consequence targets
located along or in proximity to the route, or other changes affecting
the safety and security of the movements of security-sensitive
materials that were implemented since the previous analysis was
completed.
(h) Consultation.--In carrying out subsection (c), railroad
carriers transporting security-sensitive materials in commerce shall
seek relevant information from State, local, and tribal officials, as
appropriate, regarding security risks to high-consequence targets along
or in proximity to a route used by a railroad carrier to transport
security-sensitive materials.
(i) Definitions.--In this section:
(1) The term ``route'' includes storage facilities and trackage
used by railroad cars in transportation in commerce.
(2) The term ``high-consequence target'' means a property,
natural resource, location, area, or other target designated by the
Secretary that is a viable terrorist target of national
significance, which may include a facility or specific critical
infrastructure, the attack of which by railroad could result in--
(A) catastrophic loss of life;
(B) significant damage to national security or defense
capabilities; or
(C) national economic harm.
SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.
(a) Communications.--
(1) In general.--In conjunction with the research and
development program established under section 1518 and consistent
with the results of research relating to wireless and other
tracking technologies, the Secretary, in consultation with the
Administrator of the Transportation Security Administration, shall
develop a program that will encourage the equipping of railroad
cars transporting security-sensitive materials, as defined in
section 1501, with technology that provides--
(A) car position location and tracking capabilities; and
(B) notification of railroad car depressurization, breach,
unsafe temperature, or release of hazardous materials, as
appropriate.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts for
railroad car tracking at the Department of Transportation; and
(B) ensure that the program is consistent with
recommendations and findings of the Department of Homeland
Security's hazardous material railroad tank car tracking pilot
programs.
(b) Funding.--From the amounts appropriated pursuant to 114(w) of
title 49, United States Code, as amended by section 1503 of this title,
there shall be made available to the Secretary to carry out this
section--
(1) $3,000,000 for fiscal year 2008;
(2) $3,000,000 for fiscal year 2009; and
(3) $3,000,000 for fiscal year 2010.
SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation, in consultation
with the Secretary, shall--
(1) document existing and proposed routes for the
transportation of radioactive and nonradioactive hazardous
materials by motor carrier, and develop a framework for using a
geographic information system-based approach to characterize routes
in the national hazardous materials route registry;
(2) assess and characterize existing and proposed routes for
the transportation of radioactive and nonradioactive hazardous
materials by motor carrier for the purpose of identifying
measurable criteria for selecting routes based on safety and
security concerns;
(3) analyze current route-related hazardous materials
regulations in the United States, Canada, and Mexico to identify
cross-border differences and conflicting regulations;
(4) document the safety and security concerns of the public,
motor carriers, and State, local, territorial, and tribal
governments about the highway routing of hazardous materials;
(5) prepare guidance materials for State officials to assist
them in identifying and reducing both safety concerns and security
risks when designating highway routes for hazardous materials
consistent with the 13 safety-based nonradioactive materials
routing criteria and radioactive materials routing criteria in
subpart C part 397 of title 49, Code of Federal Regulations;
(6) develop a tool that will enable State officials to examine
potential routes for the highway transportation of hazardous
materials, assess specific security risks associated with each
route, and explore alternative mitigation measures; and
(7) transmit to the appropriate congressional committees a
report on the actions taken to fulfill paragraphs (1) through (6)
and any recommended changes to the routing requirements for the
highway transportation of hazardous materials in part 397 of title
49, Code of Federal Regulations.
(b) Route Plans.--
(1) Assessment.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Transportation shall
complete an assessment of the safety and national security benefits
achieved under existing requirements for route plans, in written or
electronic format, for explosives and radioactive materials. The
assessment shall, at a minimum--
(A) compare the percentage of Department of Transportation
recordable incidents and the severity of such incidents for
shipments of explosives and radioactive materials for which
such route plans are required with the percentage of recordable
incidents and the severity of such incidents for shipments of
explosives and radioactive materials not subject to such route
plans; and
(B) quantify the security and safety benefits, feasibility,
and costs of requiring each motor carrier that is required to
have a hazardous material safety permit under part 385 of title
49, Code of Federal Regulations, to maintain, follow, and carry
such a route plan that meets the requirements of section
397.101 of that title when transporting the type and quantity
of hazardous materials described in section 385.403, taking
into account the various segments of the motor carrier
industry, including tank truck, truckload and less than
truckload carriers.
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary of Transportation shall submit a report
to the appropriate congressional committees containing the findings
and conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor carriers that
have a hazardous material safety permit under part 385 of title 49,
Code of Federal Regulations, to maintain, follow, and carry a route
plan, in written or electronic format, that meets the requirements of
section 397.101 of that title when transporting the type and quantity
of hazardous materials described in section 385.403 if the Secretary
determines, under the assessment required in subsection (b), that such
a requirement would enhance security and safety without imposing
unreasonable costs or burdens upon motor carriers.
SEC. 1554. MOTOR CARRIER SECURITY-SENSITIVE MATERIAL TRACKING.
(a) Communications.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, consistent with the findings of the
Transportation Security Administration's hazardous materials truck
security pilot program, the Secretary, through the Administrator of
the Transportation Security Administration and in consultation with
the Secretary of Transportation, shall develop a program to
facilitate the tracking of motor carrier shipments of security-
sensitive materials and to equip vehicles used in such shipments
with technology that provides--
(A) frequent or continuous communications;
(B) vehicle position location and tracking capabilities;
and
(C) a feature that allows a driver of such vehicles to
broadcast an emergency distress signal.
(2) Considerations.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned efforts for
motor carrier or security-sensitive materials tracking at the
Department of Transportation;
(B) take into consideration the recommendations and
findings of the report on the hazardous material safety and
security operational field test released by the Federal Motor
Carrier Safety Administration on November 11, 2004; and
(C) evaluate--
(i) any new information related to the costs and
benefits of deploying, equipping, and utilizing tracking
technology, including portable tracking technology, for
motor carriers transporting security-sensitive materials
not included in the hazardous material safety and security
operational field test report released by the Federal Motor
Carrier Safety Administration on November 11, 2004;
(ii) the ability of tracking technology to resist
tampering and disabling;
(iii) the capability of tracking technology to collect,
display, and store information regarding the movement of
shipments of security-sensitive materials by commercial
motor vehicles;
(iv) the appropriate range of contact intervals between
the tracking technology and a commercial motor vehicle
transporting security-sensitive materials;
(v) technology that allows the installation by a motor
carrier of concealed electronic devices on commercial motor
vehicles that can be activated by law enforcement
authorities to disable the vehicle or alert emergency
response resources to locate and recover security-sensitive
materials in the event of loss or theft of such materials;
(vi) whether installation of the technology described
in clause (v) should be incorporated into the program under
paragraph (1);
(vii) the costs, benefits, and practicality of such
technology described in clause (v) in the context of the
overall benefit to national security, including commerce in
transportation; and
(viii) other systems and information the Secretary
determines appropriate.
(b) Funding.--From the amounts appropriated pursuant to section
114(w) of title 49, United States Code, as amended by section 1503 of
this Act, there shall be made available to the Secretary to carry out
this section--
(1) $7,000,000 for fiscal year 2008 of which $3,000,000 may be
used for equipment;
(2) $7,000,000 for fiscal year 2009 of which $3,000,000 may be
used for equipment; and
(3) $7,000,000 for fiscal year 2010 of which $3,000,000 may be
used for equipment.
(c) Report.--Not later than 1 year after the issuance of
regulations under subsection (a), the Secretary shall issue a report to
the appropriate congressional committees on the program developed and
evaluation carried out under this section.
(d) Limitation.--The Secretary may not mandate the installation or
utilization of a technology described under this section without
additional congressional authority provided after the date of enactment
of this Act.
SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND STUDY.
(a) In General.--The Secretary of Transportation shall consult with
the Secretary to limit, to the extent practicable, duplicative reviews
of the hazardous materials security plans required under part 172,
title 49, Code of Federal Regulations.
(b) Transportation Costs Study.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in conjunction
with the Secretary, shall study to what extent the insurance, security,
and safety costs borne by railroad carriers, motor carriers, pipeline
carriers, air carriers, and maritime carriers associated with the
transportation of hazardous materials are reflected in the rates paid
by offerors of such commodities as compared to the costs and rates,
respectively, for the transportation of nonhazardous materials.
SEC. 1556. TECHNICAL CORRECTIONS.
(a) Correction.--Section 5103a of title 49, United States Code, is
amended--
(1) in subsection (a)(1) by striking ``Secretary'' and
inserting ``Secretary of Homeland Security'';
(2) in subsection (b) by striking ``Secretary'' each place it
appears and inserting ``Secretary of Transportation'';
(3) in subsection (d)(1)(B) by striking ``Secretary'' and
inserting ``Secretary of Homeland Security''; and
(4) in subsection (e) by striking ``Secretary'' and inserting
``Secretary of Homeland Security'' each place it appears.
(b) Relationship to Transportation Security Cards.--
(1) Background check.--An individual who has a valid
transportation employee identification card issued by the Secretary
under section 70105 of title 46, United States Code, shall be
deemed to have met the background records check required under
section 5103a of title 49, United States Code.
(2) State review.--Nothing in this subsection prevents or
preempts a State from conducting a criminal records check of an
individual that has applied for a license to operate a motor
vehicle transporting in commerce a hazardous material.
SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Not later than 9 months after the date of
enactment of this Act, consistent with the Annex to the Memorandum of
Understanding executed on August 9, 2006, between the Department of
Transportation and the Department, the Secretary, in consultation with
the Secretary of Transportation, shall establish a program for
reviewing pipeline operator adoption of recommendations of the
September 5, 2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information Circular,
including the review of pipeline security plans and critical facility
inspections.
(b) Review and Inspection.--Not later than 12 months after the date
of enactment of this Act, the Secretary and the Secretary of
Transportation shall develop and implement a plan for reviewing the
pipeline security plans and an inspection of the critical facilities of
the 100 most critical pipeline operators covered by the September 5,
2002, circular, where such facilities have not been inspected for
security purposes since September 5, 2002, by either the Department or
the Department of Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline operator
compliance under subsections (a) and (b), risk assessment methodologies
shall be used to prioritize risks and to target inspection and
enforcement actions to the highest risk pipeline assets.
(d) Regulations.--Not later than 18 months after the date of
enactment of this Act, the Secretary and the Secretary of
Transportation shall develop and transmit to pipeline operators
security recommendations for natural gas and hazardous liquid pipelines
and pipeline facilities. If the Secretary determines that regulations
are appropriate, the Secretary shall consult with the Secretary of
Transportation on the extent of risk and appropriate mitigation
measures, and the Secretary or the Secretary of Transportation,
consistent with the Annex to the Memorandum of Understanding executed
on August 9, 2006, shall promulgate such regulations and carry out
necessary inspection and enforcement actions. Any regulations shall
incorporate the guidance provided to pipeline operators by the
September 5, 2002, Department of Transportation Research and Special
Programs Administration's Pipeline Security Information Circular and
contain additional requirements as necessary based upon the results of
the inspections performed under subsection (b). The regulations shall
include the imposition of civil penalties for noncompliance.
(e) Funding.--From the amounts appropriated pursuant to section
114(w) of title 49, United States Code, as amended by section 1503 of
this Act, there shall be made available to the Secretary to carry out
this section--
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation and the Administrator of the Pipeline and Hazardous
Materials Safety Administration, and in accordance with the Annex to
the Memorandum of Understanding executed on August 9, 2006, the
National Strategy for Transportation Security, and Homeland Security
Presidential Directive-7, shall develop a pipeline security and
incident recovery protocols plan. The plan shall include--
(1) for the Government to provide increased security support to
the most critical interstate and intrastate natural gas and
hazardous liquid transmission pipeline infrastructure and
operations as determined under section 1557 when--
(A) under severe security threat levels of alert; or
(B) under specific security threat information relating to
such pipeline infrastructure or operations exists; and
(2) an incident recovery protocol plan, developed in
conjunction with interstate and intrastate transmission and
distribution pipeline operators and terminals and facilities
operators connected to pipelines, to develop protocols to ensure
the continued transportation of natural gas and hazardous liquids
to essential markets and for essential public health or national
defense uses in the event of an incident affecting the interstate
and intrastate natural gas and hazardous liquid transmission and
distribution pipeline system, which shall include protocols for
restoring essential services supporting pipelines and granting
access to pipeline operators for pipeline infrastructure repair,
replacement, or bypass following an incident.
(b) Existing Private and Public Sector Efforts.--The plan shall
take into account actions taken or planned by both private and public
entities to address identified pipeline security issues and assess the
effective integration of such actions.
(c) Consultation.--In developing the plan under subsection (a), the
Secretary shall consult with the Secretary of Transportation,
interstate and intrastate transmission and distribution pipeline
operators, nonprofit employee organizations representing pipeline
employees, emergency responders, offerors, State pipeline safety
agencies, public safety officials, and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
appropriate congressional committees a report containing the plan
required by subsection (a), including an estimate of the private
and public sector costs to implement any recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines that
such action is appropriate or necessary.
TITLE XVI--AVIATION
SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.
Section 44940 of title 49, United States Code, is amended--
(1) in subsection (d)(4) by inserting ``, other than subsection
(i),'' before ``except to''; and
(2) by adding at the end the following:
``(i) Checkpoint Screening Security Fund.--
``(1) Establishment.--There is established in the Department of
Homeland Security a fund to be known as the `Checkpoint Screening
Security Fund'.
``(2) Deposits.--In fiscal year 2008, after amounts are made
available under section 44923(h), the next $250,000,000 derived
from fees received under subsection (a)(1) shall be available to be
deposited in the Fund.
``(3) Fees.--The Secretary of Homeland Security shall impose
the fee authorized by subsection (a)(1) so as to collect at least
$250,000,000 in fiscal year 2008 for deposit into the Fund.
``(4) Availability of amounts.--Amounts in the Fund shall be
available until expended by the Administrator of the Transportation
Security Administration for the purchase, deployment, installation,
research, and development of equipment to improve the ability of
security screening personnel at screening checkpoints to detect
explosives.''.
SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
(a) In General.--Section 44901 of title 49, United States Code, is
amended--
(1) by redesignating subsections (g) and (h) as subsections (h)
and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Air Cargo on Passenger Aircraft.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary of Homeland Security shall
establish a system to screen 100 percent of cargo transported on
passenger aircraft operated by an air carrier or foreign air
carrier in air transportation or intrastate air transportation to
ensure the security of all such passenger aircraft carrying cargo.
``(2) Minimum standards.--The system referred to in paragraph
(1) shall require, at a minimum, that equipment, technology,
procedures, personnel, or other methods approved by the
Administrator of the Transportation Security Administration, are
used to screen cargo carried on passenger aircraft described in
paragraph (1) to provide a level of security commensurate with the
level of security for the screening of passenger checked baggage as
follows:
``(A) 50 percent of such cargo is so screened not later
than 18 months after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007.
``(B) 100 percent of such cargo is so screened not later
than 3 years after such date of enactment.
``(3) Regulations.--
``(A) Interim final rule.--The Secretary of Homeland
Security may issue an interim final rule as a temporary
regulation to implement this subsection without regard to the
provisions of chapter 5 of title 5.
``(B) Final rule.--
``(i) In general.--If the Secretary issues an interim
final rule under subparagraph (A), the Secretary shall
issue, not later than one year after the effective date of
the interim final rule, a final rule as a permanent
regulation to implement this subsection in accordance with
the provisions of chapter 5 of title 5.
``(ii) Failure to act.--If the Secretary does not issue
a final rule in accordance with clause (i) on or before the
last day of the one-year period referred to in clause (i),
the Secretary shall submit to the Committee on Homeland
Security of the House of Representatives, Committee on
Commerce, Science, and Transportation of the Senate, and
the Committee on Homeland Security and Governmental Affairs
of the Senate a report explaining why the final rule was
not timely issued and providing an estimate of the earliest
date on which the final rule will be issued. The Secretary
shall submit the first such report within 10 days after
such last day and submit a report to the Committees
containing updated information every 30 days thereafter
until the final rule is issued.
``(iii) Superceding of interim final rule.--The final
rule issued in accordance with this subparagraph shall
supersede the interim final rule issued under subparagraph
(A).
``(4) Report.--Not later than 1 year after the date of
establishment of the system under paragraph (1), the Secretary
shall submit to the Committees referred to in paragraph (3)(B)(ii)
a report that describes the system.
``(5) Screening defined.--In this subsection the term
`screening' means a physical examination or non-intrusive methods
of assessing whether cargo poses a threat to transportation
security. Methods of screening include x-ray systems, explosives
detection systems, explosives trace detection, explosives detection
canine teams certified by the Transportation Security
Administration, or a physical search together with manifest
verification. The Administrator may approve additional methods to
ensure that the cargo does not pose a threat to transportation
security and to assist in meeting the requirements of this
subsection. Such additional cargo screening methods shall not
include solely performing a review of information about the
contents of cargo or verifying the identity of a shipper of the
cargo that is not performed in conjunction with other security
methods authorized under this subsection, including whether a known
shipper is registered in the known shipper database. Such
additional cargo screening methods may include a program to certify
the security methods used by shippers pursuant to paragraphs (1)
and (2) and alternative screening methods pursuant to exemptions
referred to in subsection (b) of section 1602 of the Implementing
Recommendations of the 9/11 Commission Act of 2007.''.
(b) Assessment of Exemptions.--
(1) TSA assessment.--
(A) In general.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
submit to the appropriate committees of Congress and to the
Comptroller General a report containing an assessment of each
exemption granted under section 44901(i)(1) of title 49, United
States Code, for the screening required by such section for
cargo transported on passenger aircraft and an analysis to
assess the risk of maintaining such exemption.
(B) Contents.--The report under subparagraph (A) shall
include--
(i) the rationale for each exemption;
(ii) what percentage of cargo is not screened in
accordance with section 44901(g) of title 49, United States
Code;
(iii) the impact of each exemption on aviation
security;
(iv) the projected impact on the flow of commerce of
eliminating each exemption, respectively, should the
Secretary choose to take such action; and
(v) plans and rationale for maintaining, changing, or
eliminating each exemption.
(C) Format.--The Secretary may submit the report under
subparagraph (A) in both classified and redacted formats if the
Secretary determines that such action is appropriate or
necessary.
(2) GAO assessment.--Not later than 120 days after the date on
which the report under paragraph (1) is submitted, the Comptroller
General shall review the report and submit to the Committee on
Homeland Security of the House of Representatives, the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Homeland Security and Governmental Affairs of the
Senate an assessment of the methodology of determinations made by
the Secretary for maintaining, changing, or eliminating an
exemption under section 44901(i)(1) of title 49, United States
Code.
SEC. 1603. IN-LINE BAGGAGE SCREENING.
(a) Extension of Authorization.--Section 44923(i)(1) of title 49,
United States Code, is amended by striking ``2007.'' and inserting
``2007, and $450,000,000 for each of fiscal years 2008 through 2011''.
(b) Submission of Cost-Sharing Study and Plan.--Not later than 60
days after the date of enactment of this Act, the Secretary for
Homeland Security shall submit to the appropriate congressional
committees the cost sharing study described in section 4019(d) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat.
3722), together with the Secretary's analysis of the study, a list of
provisions of the study the Secretary intends to implement, and a plan
and schedule for implementation of such listed provisions.
SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.
(a) In General.--Section 44923 of title 49, United States Code, is
amended--
(1) in subsection (a) by striking ``may make'' and inserting
``shall make'';
(2) in subsection (d)(1) by striking ``may'' and inserting
``shall'';
(3) in subsection (h)(1) by striking ``2007'' and inserting
``2028'';
(4) in subsection (h) by striking paragraphs (2) and (3) and
inserting the following:
``(2) Allocation.--Of the amount made available under paragraph
(1) for a fiscal year, not less than $200,000,000 shall be
allocated to fulfill letters of intent issued under subsection (d).
``(3) Discretionary grants.--Of the amount made available under
paragraph (1) for a fiscal year, up to $50,000,000 shall be used to
make discretionary grants, including other transaction agreements
for airport security improvement projects, with priority given to
small hub airports and nonhub airports.'';
(5) by redesignating subsection (i) as subsection (j); and
(6) by inserting after subsection (h) the following:
``(i) Leveraged Funding.--For purposes of this section, a grant
under subsection (a) to an airport sponsor to service an obligation
issued by or on behalf of that sponsor to fund a project described in
subsection (a) shall be considered to be a grant for that project.''.
(b) Prioritization of Projects.--
(1) In general.--The Administrator of the Transportation
Security Administration shall establish a prioritization schedule
for airport security improvement projects described in section
44923 of title 49, United States Code, based on risk and other
relevant factors, to be funded under that section. The schedule
shall include both hub airports referred to in paragraphs (29),
(31), and (42) of section 40102 of such title and nonhub airports
(as defined in section 47102(13) of such title).
(2) Airports that have incurred eligible costs.--The schedule
shall include airports that have incurred eligible costs associated
with development of partial or completed in-line baggage systems
before the date of enactment of this Act in reasonable anticipation
of receiving a grant under section 44923 of title 49, United States
Code, in reimbursement of those costs but that have not received
such a grant.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall provide a copy of
the prioritization schedule, a corresponding timeline, and a
description of the funding allocation under section 44923 of title
49, United States Code, to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Homeland Security
of the House of Representatives.
SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER
PRESCREENING SYSTEM.
(a) In General.--Not later than 120 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation Security
Administration, shall submit to the Committee on Homeland Security of
the House of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Homeland Security
and Governmental Affairs of the Senate a plan that--
(1) describes the system to be utilized by the Department of
Homeland Security to assume the performance of comparing passenger
information, as defined by the Administrator, to the automatic
selectee and no-fly lists, utilizing appropriate records in the
consolidated and integrated terrorist watchlist maintained by the
Federal Government;
(2) provides a projected timeline for each phase of testing and
implementation of the system;
(3) explains how the system will be integrated with the
prescreening system for passengers on international flights; and
(4) describes how the system complies with section 552a of
title 5, United States Code.
(b) GAO Assessment.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Committee on Commerce, Science, and Transportation of the Senate
and the Committee on Homeland Security of the House of Representatives
that--
(1) describes the progress made by the Transportation Security
Administration in implementing the secure flight passenger pre-
screening program;
(2) describes the effectiveness of the current appeals process
for passengers wrongly assigned to the no-fly and terrorist watch
lists;
(3) describes the Transportation Security Administration's plan
to protect private passenger information and progress made in
integrating the system with the pre-screening program for
international flights operated by United States Customs and Border
Protection;
(4) provides a realistic determination of when the system will
be completed; and
(5) includes any other relevant observations or recommendations
the Comptroller General deems appropriate.
SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR
PROHIBITED FROM BOARDING A FLIGHT.
(a) In General.--Subchapter I of chapter 449 of title 49, United
States Code is amended by adding at the end the following:
``Sec. 44926. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight
``(a) In General.--The Secretary of Homeland Security shall
establish a timely and fair process for individuals who believe they
have been delayed or prohibited from boarding a commercial aircraft
because they were wrongly identified as a threat under the regimes
utilized by the Transportation Security Administration, United States
Customs and Border Protection, or any other office or component of the
Department of Homeland Security.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--The Secretary shall establish in the
Department an Office of Appeals and Redress to implement,
coordinate, and execute the process established by the Secretary
pursuant to subsection (a). The Office shall include
representatives from the Transportation Security Administration,
United States Customs and Border Protection, and such other offices
and components of the Department as the Secretary determines
appropriate.
``(2) Records.--The process established by the Secretary
pursuant to subsection (a) shall include the establishment of a
method by which the Office, under the direction of the Secretary,
will be able to maintain a record of air carrier passengers and
other individuals who have been misidentified and have corrected
erroneous information.
``(3) Information.--To prevent repeated delays of an
misidentified passenger or other individual, the Office shall--
``(A) ensure that the records maintained under this
subsection contain information determined by the Secretary to
authenticate the identity of such a passenger or individual;
``(B) furnish to the Transportation Security
Administration, United States Customs and Border Protection, or
any other appropriate office or component of the Department,
upon request, such information as may be necessary to allow
such office or component to assist air carriers in improving
their administration of the advanced passenger prescreening
system and reduce the number of false positives; and
``(C) require air carriers and foreign air carriers take
action to identify passengers determined, under the process
established under subsection (a), to have been wrongly
identified.
``(4) Handling of personally identifiable information.--The
Secretary, in conjunction with the Chief Privacy Officer of the
Department shall--
``(A) require that Federal employees of the Department
handling personally identifiable information of passengers (in
this paragraph referred to as `PII') complete mandatory privacy
and security training prior to being authorized to handle PII;
``(B) ensure that the records maintained under this
subsection are secured by encryption, one-way hashing, other
data anonymization techniques, or such other equivalent
security technical protections as the Secretary determines
necessary;
``(C) limit the information collected from misidentified
passengers or other individuals to the minimum amount necessary
to resolve a redress request;
``(D) require that the data generated under this subsection
shall be shared or transferred via a secure data network, that
has been audited to ensure that the anti-hacking and other
security related software functions properly and is updated as
necessary;
``(E) ensure that any employee of the Department receiving
the data contained within the records handles the information
in accordance with the section 552a of title 5, United States
Code, and the Federal Information Security Management Act of
2002 (Public Law 107-296);
``(F) only retain the data for as long as needed to assist
the individual traveler in the redress process; and
``(G) conduct and publish a privacy impact assessment of
the process described within this subsection and transmit the
assessment to the Committee on Homeland Security of the House
of Representatives, the Committee on Commerce, Science, and
Transportation of the Senate, and Committee on Homeland
Security and Governmental Affairs of the Senate.
``(5) Initiation of redress process at airports.--The Office
shall establish at each airport at which the Department has a
significant presence a process to provide information to air
carrier passengers to begin the redress process established
pursuant to subsection (a).''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by inserting after the item relating to section 44925 the following:
``44926. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.''.
SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER SCREENING
CHECKPOINTS.
(a) In General.--Not later than 30 days after the date of enactment
of this Act, the Secretary of Homeland Security, in consultation with
the Administrator of the Transportation Security Administration, shall
issue the strategic plan the Secretary was required by section 44925(b)
of title 49, United States Code, to have issued within 90 days after
the date of enactment of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458).
(b) Deployment.--Section 44925(b) of title 49, United States Code,
is amended by adding at the end the following:
``(3) Implementation.--The Secretary shall begin implementation
of the strategic plan within one year after the date of enactment
of this paragraph.''.
SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY
TECHNOLOGY.
Section 137(a) of the Aviation and Transportation Security Act (49
U.S.C. 44912 note; 115 Stat. 637) is amended--
(1) by striking ``2002 through 2006'' and inserting ``2006
through 2011'';
(2) by striking ``aviation'' and inserting ``transportation'';
and
(3) by striking ``2002 and 2003'' and inserting ``2006 through
2011''.
SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.
Section 44901 of title 49, United States Code, as amended by
section 1602, is further amended by adding at the end the following:
``(j) Blast-Resistant Cargo Containers.--
``(1) In general.--Before January 1, 2008, the Administrator of
the Transportation Security Administration shall--
``(A) evaluate the results of the blast-resistant cargo
container pilot program that was initiated before the date of
enactment of this subsection; and
``(B) prepare and distribute through the Aviation Security
Advisory Committee to the appropriate Committees of Congress
and air carriers a report on that evaluation which may contain
nonclassified and classified sections.
``(2) Acquisition, maintenance, and replacement.--Upon
completion and consistent with the results of the evaluation that
paragraph (1)(A) requires, the Administrator shall--
``(A) develop and implement a program, as the Administrator
determines appropriate, to acquire, maintain, and replace
blast-resistant cargo containers;
``(B) pay for the program; and
``(C) make available blast-resistant cargo containers to
air carriers pursuant to paragraph (3).
``(3) Distribution to air carriers.--The Administrator shall
make available, beginning not later than July 1, 2008, blast-
resistant cargo containers to air carriers for use on a risk
managed basis as determined by the Administrator.''.
SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES.
(a) Technology Research and Pilot Projects.--
(1) Research and development.--The Secretary of Homeland
Security, in consultation with the Administrator of the
Transportation Security Administration, shall expedite research and
development programs for technologies that can disrupt or prevent
an explosive device from being introduced onto a passenger plane or
from damaging a passenger plane while in flight or on the ground.
The research shall be used in support of implementation of section
44901 of title 49, United States Code.
(2) Pilot projects.--The Secretary, in conjunction with the
Secretary of Transportation, shall establish a grant program to
fund pilot projects--
(A) to deploy technologies described in paragraph (1); and
(B) to test technologies to expedite the recovery,
development, and analysis of information from aircraft
accidents to determine the cause of the accident, including
deployable flight deck and voice recorders and remote location
recording devices.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security for fiscal year 2008
such sums as may be necessary to carry out this section. Such sums
shall remain available until expended.
SEC. 1611. SPECIALIZED TRAINING.
The Administrator of the Transportation Security Administration
shall provide advanced training to transportation security officers for
the development of specialized security skills, including behavior
observation and analysis, explosives detection, and document
examination, in order to enhance the effectiveness of layered
transportation security measures.
SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
(a) In General.--Notwithstanding any provision of law, any
statutory limitation on the number of employees in the Transportation
Security Administration, before or after its transfer to the Department
of Homeland Security from the Department of Transportation, does not
apply after fiscal year 2007.
(b) Aviation Security.--Notwithstanding any provision of law
imposing a limitation on the recruiting or hiring of personnel into the
Transportation Security Administration to a maximum number of permanent
positions, the Secretary of Homeland Security shall recruit and hire
such personnel into the Administration as may be necessary--
(1) to provide appropriate levels of aviation security; and
(2) to accomplish that goal in such a manner that the average
aviation security-related delay experienced by airline passengers
is reduced to a level of less than 10 minutes.
SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT AIRPORT EXIT
LANES.
(a) In General.--The Administrator of the Transportation Security
Administration shall conduct a pilot program at not more than 2
airports to identify technologies to improve security at airport exit
lanes.
(b) Program Components.--In conducting the pilot program under this
section, the Administrator shall--
(1) utilize different technologies that protect the integrity
of the airport exit lanes from unauthorized entry;
(2) work with airport officials to deploy such technologies in
multiple configurations at a selected airport or airports at which
some of the exits are not colocated with a screening checkpoint;
and
(3) ensure the level of security is at or above the level of
existing security at the airport or airports where the pilot
program is conducted.
(c) Reports.--
(1) Initial briefing.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall conduct a
briefing to the congressional committees set forth in paragraph (3)
that describes--
(A) the airport or airports selected to participate in the
pilot program;
(B) the technologies to be tested;
(C) the potential savings from implementing the
technologies at selected airport exits;
(D) the types of configurations expected to be deployed at
such airports; and
(E) the expected financial contribution from each airport.
(2) Final report.--Not later than 18 months after the
technologies are deployed at the airports participating in the
pilot program, the Administrator shall submit a final report to the
congressional committees set forth in paragraph (3) that
describes--
(A) the changes in security procedures and technologies
deployed;
(B) the estimated cost savings at the airport or airports
that participated in the pilot program; and
(C) the efficacy and staffing benefits of the pilot program
and its applicability to other airports in the United States.
(3) Congressional committees.--The reports required under this
subsection shall be submitted to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(D) the Committee on Homeland Security of the House of
Representatives; and
(E) the Committee on Appropriations of the House of
Representatives.
(d) Use of Existing Funds.--This section shall be executed using
existing funds.
SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS.
(a) Report.--Not later than 180 days after the date of enactment of
this Act, the Administrator of the Transportation Security
Administration, after consultation with airline, airport, and flight
crew representatives, shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on Homeland
Security and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, and the Committee on
Transportation and Infrastructure of the House of Representatives a
report on the status of the Administration's efforts to institute a
sterile area access system or method that will enhance security by
properly identifying authorized airline flight deck and cabin crew
members at screening checkpoints and granting them expedited access
through screening checkpoints. The Administrator shall include in the
report recommendations on the feasibility of implementing the system
for the domestic aviation industry beginning 1 year after the date on
which the report is submitted.
(b) Beginning Implementation.--The Administrator shall begin
implementation of the system or method referred to in subsection (a)
not later than 1 year after the date on which the Administrator submits
the report under subsection (a).
SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.
(a) In General.--Section 44903(h)(6) of title 49, United States
Code, is amended to read as follows:
``(6) Use of biometric technology for armed law enforcement
travel.--
``(A) In general.--Not later than 18 months after the date
of enactment of the Implementing Recommendations of the 9/11
Commission Act of 2007, the Secretary of Homeland Security, in
consultation with the Attorney General, shall--
``(i) implement this section by publication in the
Federal Register; and
``(ii) establish a national registered armed law
enforcement program, that shall be federally managed, for
law enforcement officers needing to be armed when traveling
by commercial aircraft.
``(B) Program requirements.--The program shall--
``(i) establish a credential or a system that
incorporates biometric technology and other applicable
technologies;
``(ii) establish a system for law enforcement officers
who need to be armed when traveling by commercial aircraft
on a regular basis and for those who need to be armed
during temporary travel assignments;
``(iii) comply with other uniform credentialing
initiatives, including the Homeland Security Presidential
Directive 12;
``(iv) apply to all Federal, State, local, tribal, and
territorial government law enforcement agencies; and
``(v) establish a process by which the travel
credential or system may be used to verify the identity,
using biometric technology, of a Federal, State, local,
tribal, or territorial law enforcement officer seeking to
carry a weapon on board a commercial aircraft, without
unnecessarily disclosing to the public that the individual
is a law enforcement officer.
``(C) Procedures.--In establishing the program, the
Secretary shall develop procedures--
``(i) to ensure that a law enforcement officer of a
Federal, State, local, tribal, or territorial government
flying armed has a specific reason for flying armed and the
reason is within the scope of the duties of such officer;
``(ii) to preserve the anonymity of the armed law
enforcement officer;
``(iii) to resolve failures to enroll, false matches,
and false nonmatches relating to the use of the law
enforcement travel credential or system;
``(iv) to determine the method of issuance of the
biometric credential to law enforcement officers needing to
be armed when traveling by commercial aircraft;
``(v) to invalidate any law enforcement travel
credential or system that is lost, stolen, or no longer
authorized for use;
``(vi) to coordinate the program with the Federal Air
Marshal Service, including the force multiplier program of
the Service; and
``(vii) to implement a phased approach to launching the
program, addressing the immediate needs of the relevant
Federal agent population before expanding to other law
enforcement populations.''.
(b) Report.--
(1) In general.--Not later than 180 days after implementing the
national registered armed law enforcement program required by
section 44903(h)(6) of title 49, United States Code, the Secretary
of Homeland Security shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee on
Homeland Security of the House of Representatives a report. If the
Secretary has not implemented the program within 180 days after the
date of enactment of this Act, the Secretary shall submit a report
to the Committees within 180 days explaining the reasons for the
failure to implement the program within the time required by that
section and a further report within each successive 90-day period
until the program is implemented explaining the reasons for such
further delays in implementation until the program is functioning.
(2) Classified format.--The Secretary may submit each report
required by this subsection in classified format.
SEC. 1616. REPAIR STATION SECURITY.
(a) Certification of Foreign Repair Stations Suspension.--If the
regulations required by section 44924(f) of title 49, United States
Code, are not issued within 1 year after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration may not
certify any foreign repair station under part 145 of title 14, Code of
Federal Regulations, after such date unless the station was previously
certified, or is in the process of certification by the Administration
under that part.
(b) 6-Month Deadline for Security Review and Audit.--Subsections
(a) and (d) of section 44924 of title 49, United States Code, is
amended--
(1) in each of subsections (a) and (b) by striking ``18
months'' and inserting ``6 months''; and
(2) in subsection (d) by inserting ``(other than a station that
was previously certified, or is in the process of certification, by
the Administration under this part)'' before ``until''.
SEC. 1617. GENERAL AVIATION SECURITY.
Section 44901 of title 49, United States Code, as amended by
sections 1602 and 1609, is further amended by adding at the end the
following:
``(k) General Aviation Airport Security Program.--
``(1) In general.--Not later than one year after the date of
enactment of this subsection, the Administrator of the
Transportation Security Administration shall--
``(A) develop a standardized threat and vulnerability
assessment program for general aviation airports (as defined in
section 47134(m)); and
``(B) implement a program to perform such assessments on a
risk-managed basis at general aviation airports.
``(2) Grant program.--Not later than 6 months after the date of
enactment of this subsection, the Administrator shall initiate and
complete a study of the feasibility of a program, based on a risk-
managed approach, to provide grants to operators of general
aviation airports (as defined in section 47134(m)) for projects to
upgrade security at such airports. If the Administrator determines
that such a program is feasible, the Administrator shall establish
such a program.
``(3) Application to general aviation aircraft.--Not later than
180 days after the date of enactment of this subsection, the
Administrator shall develop a risk-based system under which--
``(A) general aviation aircraft, as identified by the
Administrator, in coordination with the Administrator of the
Federal Aviation Administration, are required to submit
passenger information and advance notification requirements for
United States Customs and Border Protection before entering
United States airspace; and
``(B) such information is checked against appropriate
databases.
``(4) Authorization of appropriations.--There are authorized to
be appropriated to the Administrator of the Transportation Security
Administration such sums as may be necessary to carry out
paragraphs (2) and (3).''.
SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is amended by
striking ``and 2006'' and inserting ``2007, 2008, 2009, 2010, and
2011''.
TITLE XVII--MARITIME CARGO
SEC. 1701. CONTAINER SCANNING AND SEALS.
(a) Container Scanning.--Section 232(b) of the SAFE Ports Act (6
U.S.C. 982(b)) is amended to read as follows:
``(b) Full-Scale Implementation.--
``(1) In general.--A container that was loaded on a vessel in a
foreign port shall not enter the United States (either directly or
via a foreign port) unless the container was scanned by
nonintrusive imaging equipment and radiation detection equipment at
a foreign port before it was loaded on a vessel.
``(2) Application.--Paragraph (1) shall apply with respect to
containers loaded on a vessel in a foreign country on or after the
earlier of--
``(A) July 1, 2012; or
``(B) such other date as may be established by the
Secretary under paragraph (3).
``(3) Establishment of earlier deadline.--The Secretary shall
establish a date under (2)(B) pursuant to the lessons learned
through the pilot integrated scanning systems established under
section 231.
``(4) Extensions.--The Secretary may extend the date specified
in paragraph (2)(A) or (2)(B) for 2 years, and may renew the
extension in additional 2-year increments, for containers loaded in
a port or ports, if the Secretary certifies to Congress that at
least two of the following conditions exist:
``(A) Systems to scan containers in accordance with
paragraph (1) are not available for purchase and installation.
``(B) Systems to scan containers in accordance with
paragraph (1) do not have a sufficiently low false alarm rate
for use in the supply chain.
``(C) Systems to scan containers in accordance with
paragraph (1) cannot be purchased, deployed, or operated at
ports overseas, including, if applicable, because a port does
not have the physical characteristics to install such a system.
``(D) Systems to scan containers in accordance with
paragraph (1) cannot be integrated, as necessary, with existing
systems.
``(E) Use of systems that are available to scan containers
in accordance with paragraph (1) will significantly impact
trade capacity and the flow of cargo.
``(F) Systems to scan containers in accordance with
paragraph (1) do not adequately provide an automated
notification of questionable or high-risk cargo as a trigger
for further inspection by appropriately trained personnel.
``(5) Exemption for military cargo.--Notwithstanding any other
provision in the section, supplies bought by the Secretary of
Defense and transported in compliance section 2631 of title 10,
United States Code, and military cargo of foreign countries are
exempt from the requirements of this section.
``(6) Report on extensions.--An extension under paragraph (4)
for a port or ports shall take effect upon the expiration of the
60-day period beginning on the date the Secretary provides a report
to Congress that--
``(A) states what container traffic will be affected by the
extension;
``(B) provides supporting evidence to support the
Secretary's certification of the basis for the extension; and
``(C) explains what measures the Secretary is taking to
ensure that scanning can be implemented as early as possible at
the port or ports that are the subject of the report.
``(7) Report on renewal of extension.--If an extension under
paragraph (4) takes effect, the Secretary shall, after one year,
submit a report to Congress on whether the Secretary expects to
seek to renew the extension.
``(8) Scanning technology standards.--In implementing paragraph
(1), the Secretary shall--
``(A) establish technological and operational standards for
systems to scan containers;
``(B) ensure that the standards are consistent with the
global nuclear detection architecture developed under the
Homeland Security Act of 2002; and
``(C) coordinate with other Federal agencies that
administer scanning or detection programs at foreign ports.
``(9) International trade and other obligations.--In carrying
out this subsection, the Secretary shall consult with appropriate
Federal departments and agencies and private sector stakeholders,
and ensure that actions under this section do not violate
international trade obligations, and are consistent with the World
Customs Organization framework, or other international obligations
of the United States.''.
(b) Deadline for Container Security Standards and Procedures.--
Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4)) is amended
by--
(1) striking ``(1) Deadline for enforcement.--'' and inserting
the following:
``(1) Deadline for enforcement.--
``(A) Enforcement of rule.--''; and
(2) adding at the end the following:
``(B) Interim requirement.--If the interim final rule
described in paragraph (2) is not issued by April 1, 2008,
then--
``(i) effective not later than October 15, 2008, all
containers in transit to the United States shall be
required to meet the requirements of International
Organization for Standardization Publicly Available
Specification 17712 standard for sealing containers; and
``(ii) the requirements of this subparagraph shall
cease to be effective upon the effective date of the
interim final rule issued pursuant to this subsection.''.
TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM
SEC. 1801. FINDINGS.
The 9/11 Commission has made the following recommendations:
(1) Strengthen ``counter-proliferation'' efforts.--The United
States should work with the international community to develop laws
and an international legal regime with universal jurisdiction to
enable any state in the world to capture, interdict, and prosecute
smugglers of nuclear material.
(2) Expand the proliferation security initiative.--In carrying
out the Proliferation Security Initiative, the United States
should--
(A) use intelligence and planning resources of the North
Atlantic Treaty Organization (NATO) alliance;
(B) make participation open to non-NATO countries; and
(C) encourage Russia and the People's Republic of China to
participate.
(3) Support the cooperative threat reduction program.--The
United States should expand, improve, increase resources for, and
otherwise fully support the Cooperative Threat Reduction program.
SEC. 1802. DEFINITIONS.
In this title:
(1) The terms ``prevention of weapons of mass destruction
proliferation and terrorism'' and ``prevention of WMD proliferation
and terrorism'' include activities under--
(A) the programs specified in section 1501(b) of the
National Defense Authorization Act for Fiscal Year 1997 (Public
Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note);
(B) the programs for which appropriations are authorized by
section 3101(a)(2) of the Bob Stump National Defense
Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
Stat. 2729);
(C) programs authorized by section 504 of the Freedom for
Russia and Emerging Eurasian Democracies and Open Markets
Support Act of 1992 (the FREEDOM Support Act) (22 U.S.C. 5854)
and programs authorized by section 1412 of the Former Soviet
Union Demilitarization Act of 1992 (22 U.S.C. 5902); and
(D) a program of any agency of the Federal Government
having a purpose similar to that of any of the programs
identified in subparagraphs (A) through (C), as designated by
the United States Coordinator for the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism and the head of
the agency.
(2) The terms ``weapons of mass destruction'' and ``WMD'' mean
chemical, biological, and nuclear weapons, and chemical,
biological, and nuclear materials used in the manufacture of such
weapons.
(3) The term ``items of proliferation concern'' means--
(A) equipment, materials, or technology listed in--
(i) the Trigger List of the Guidelines for Nuclear
Transfers of the Nuclear Suppliers Group;
(ii) the Annex of the Guidelines for Transfers of
Nuclear-Related Dual-Use Equipment, Materials, Software,
and Related Technology of the Nuclear Suppliers Group; or
(iii) any of the Common Control Lists of the Australia
Group; and
(B) any other sensitive items.
Subtitle A--Repeal and Modification of Limitations on Assistance for
Prevention of WMD Proliferation and Terrorism
SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR
PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.
Consistent with the recommendations of the 9/11 Commission,
Congress repeals or modifies the limitations on assistance for
prevention of weapons of mass destruction proliferation and terrorism
as follows:
(1) Soviet nuclear threat reduction act of 1991.--Subsections
(b) and (c) of section 211 of the Soviet Nuclear Threat Reduction
Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note)
are repealed.
(2) Cooperative threat reduction act of 1993.--Section 1203(d)
of the Cooperative Threat Reduction Act of 1993 (title XII of
Public Law 103-160; 22 U.S.C. 5952(d)) is repealed.
(3) Russian chemical weapons destruction facilities.--Section
1305 of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106-65; 22 U.S.C. 5952 note) is repealed.
(4) Authority to use cooperative threat reduction funds outside
the former soviet union--modification of certification requirement;
congressional notice requirement.--Section 1308 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136;
22 U.S.C. 5963) is amended--
(A) in subsection (a)--
(i) by striking ``the President may'' and inserting
``the Secretary of Defense may''; and
(ii) by striking ``if the President'' and inserting
``if the Secretary of Defense, with the concurrence of the
Secretary of State,'';
(B) in subsection (d)(1)--
(i) by striking ``The President may not'' and inserting
``The Secretary of Defense may not''; and
(ii) by striking ``until the President'' and inserting
``until the Secretary of Defense, with the concurrence of
the Secretary of State,'';
(C) in subsection (d)(2)--
(i) by striking ``Not later than 10 days after'' and
inserting ``Not later than 15 days prior to'';
(ii) by striking ``the President shall'' and inserting
``the Secretary of Defense shall''; and
(iii) by striking ``Congress'' and inserting ``the
Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives and the Committee
on Armed Services and the Committee on Foreign Relations of
the Senate''; and
(D) in subsection (d) by adding at the end the following:
``(3) In the case of a situation that threatens human life or
safety or where a delay would severely undermine the national security
of the United States, notification under paragraph (2) shall be made
not later than 10 days after obligating funds under the authority in
subsection (a) for a project or activity.''.
Subtitle B--Proliferation Security Initiative
SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND
AUTHORITIES.
(a) Sense of Congress.--It is the sense of Congress, consistent
with the 9/11 Commission's recommendations, that the President should
strive to expand and strengthen the Proliferation Security Initiative
(in this subtitle referred to as ``PSI'') announced by the President on
May 31, 2003, with a particular emphasis on the following:
(1) Issuing a presidential directive to the relevant United
States Government agencies and departments that directs such
agencies and departments to--
(A) establish clear PSI authorities, responsibilities, and
structures;
(B) include in the budget request for each such agency or
department for each fiscal year, a request for funds necessary
for United States PSI-related activities; and
(C) provide other necessary resources to achieve more
efficient and effective performance of United States PSI-
related activities.
(2) Increasing PSI cooperation with all countries.
(3) Implementing the recommendations of the Government
Accountability Office (GAO) in the September 2006 report titled
``Better Controls Needed to Plan and Manage Proliferation Security
Initiative Activities'' (GAO-06-937C) regarding the following:
(A) The Department of Defense and the Department of State
should establish clear PSI roles and responsibilities, policies
and procedures, interagency communication mechanisms,
documentation requirements, and indicators to measure program
results.
(B) The Department of Defense and the Department of State
should develop a strategy to work with PSI-participating
countries to resolve issues that are impediments to conducting
successful PSI interdictions.
(4) Establishing a multilateral mechanism to increase
coordination, cooperation, and compliance among PSI-participating
countries.
(b) Budget Submission.--
(1) In general.--Each fiscal year in which activities are
planned to be carried out under the PSI, the President shall
include in the budget request for each participating United States
Government agency or department for that fiscal year, a description
of the funding and the activities for which the funding is
requested for each such agency or department.
(2) Report.--Not later than the first Monday in February of
each year in which the President submits a budget request described
in paragraph (1), the Secretary of Defense and the Secretary of
State shall submit to Congress a comprehensive joint report setting
forth the following:
(A) A 3-year plan, beginning with the fiscal year for the
budget request, that specifies the amount of funding and other
resources to be provided by the United States for PSI-related
activities over the term of the plan, including the purposes
for which such funding and resources will be used.
(B) For the report submitted in 2008, a description of the
PSI-related activities carried out during the 3 fiscal years
preceding the year of the report, and for the report submitted
in 2009 and each year thereafter, a description of the PSI-
related activities carried out during the fiscal year preceding
the year of the report. The description shall include, for each
fiscal year covered by the report--
(i) the amounts obligated and expended for such
activities and the purposes for which such amounts were
obligated and expended;
(ii) a description of the participation of each
department or agency of the United States Government in
such activities;
(iii) a description of the participation of each
foreign country or entity in such activities;
(iv) a description of any assistance provided to a
foreign country or entity participating in such activities
in order to secure such participation, in response to such
participation, or in order to improve the quality of such
participation; and
(v) such other information as the Secretary of Defense
and the Secretary of State determine should be included to
keep Congress fully informed of the operation and
activities of the PSI.
(3) Classification.--The report required by paragraph (2) shall
be in an unclassified form but may include a classified annex as
necessary.
(c) Implementation Report.--Not later than 180 days after the date
of the enactment of this Act, the President shall transmit to the
Committee on Armed Services and the Committee on Foreign Affairs of the
House of Representatives and the Committee on Armed Services and the
Committee on Foreign Relations of the Senate a report on the
implementation of this section. The report shall include--
(1) the steps taken to implement the recommendations described
in paragraph (3) of subsection (a); and
(2) the progress made toward implementing the matters described
in paragraphs (1), (2), and (4) of subsection (a).
(d) GAO Reports.--The Government Accountability Office shall submit
to Congress, for each of fiscal years 2007, 2009, and 2011, a report
with its assessment of the progress and effectiveness of the PSI, which
shall include an assessment of the measures referred to in subsection
(a).
SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.
(a) In General.--The President is authorized to provide assistance
under subsection (b) to any country that cooperates with the United
States and with other countries allied with the United States to
prevent the transport and transshipment of items of proliferation
concern in its national territory or airspace or in vessels under its
control or registry.
(b) Types of Assistance.--The assistance authorized under
subsection (a) consists of the following:
(1) Assistance under section 23 of the Arms Export Control Act
(22 U.S.C. 2763).
(2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.) and 5
(22 U.S.C. 2347 et seq.) of part II of the Foreign Assistance Act
of 1961.
(3) Drawdown of defense excess defense articles and services
under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
2321j).
(c) Congressional Notification.--Assistance authorized under this
section may not be provided until at least 30 days after the date on
which the President has provided notice thereof to the Committee on
Armed Services, the Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives and the Committee on
Armed Services, the Committee on Foreign Relations, and the Committee
on Appropriations of the Senate, in accordance with the procedures
applicable to reprogramming notifications under section 634A(a) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)), and has certified
to such committees that such assistance will be used in accordance with
the requirement of subsection (e) of this section.
(d) Limitation.--Assistance may be provided to a country under
subsection (a) in no more than 3 fiscal years.
(e) Use of Assistance.--Assistance provided under this section
shall be used to enhance the capability of the recipient country to
prevent the transport and transshipment of items of proliferation
concern in its national territory or airspace, or in vessels under its
control or registry, including through the development of a legal
framework in that country to enhance such capability by criminalizing
proliferation, enacting strict export controls, and securing sensitive
materials within its borders, and to enhance the ability of the
recipient country to cooperate in PSI operations.
(f) Limitation on Ship or Aircraft Transfers.--
(1) Limitation.--Except as provided in paragraph (2), the
President may not transfer any excess defense article that is a
vessel or an aircraft to a country that has not agreed, in
connection with such transfer, that it will support and assist
efforts by the United States, consistent with international law, to
interdict items of proliferation concern until 30 days after the
date on which the President has provided notice of the proposed
transfer to the committees described in subsection (c) in
accordance with the procedures applicable to reprogramming
notifications under section 634A(a) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2394-1(a)), in addition to any other requirement
of law.
(2) Exception.--The limitation in paragraph (1) shall not apply
to any transfer, not involving significant military equipment, in
which the primary use of the aircraft or vessel will be for
counternarcotics, counterterrorism, or counter-
proliferation purposes.
Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of
Mass Destruction Proliferation and Terrorism
SEC. 1831. STATEMENT OF POLICY.
It shall be the policy of the United States, consistent with the 9/
11 Commission's recommendations, to eliminate any obstacles to timely
obligating and executing the full amount of any appropriated funds for
threat reduction and nonproliferation programs in order to accelerate
and strengthen progress on preventing weapons of mass destruction (WMD)
proliferation and terrorism. Such policy shall be implemented with
concrete measures, such as those described in this title, including the
removal and modification of statutory limits to executing funds, the
expansion and strengthening of the Proliferation Security Initiative,
the establishment of the Office of the United States Coordinator for
the Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle D, and the establishment of the Commission on
the Prevention of Weapons of Mass Destruction Proliferation and
Terrorism under subtitle E. As a result, Congress intends that any
funds authorized to be appropriated to programs for preventing WMD
proliferation and terrorism under this subtitle will be executed in a
timely manner.
SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
(a) Fiscal Year 2008.--
(1) In general.--Subject to paragraph (2), there are authorized
to be appropriated to the Department of Defense Cooperative Threat
Reduction Program such sums as may be necessary for fiscal year
2008 for the following purposes:
(A) Chemical weapons destruction at Shchuch'ye, Russia.
(B) Biological weapons proliferation prevention.
(C) Acceleration, expansion, and strengthening of
Cooperative Threat Reduction Program activities.
(2) Limitation.--The sums appropriated pursuant to paragraph
(1) may not exceed the amounts authorized to be appropriated by any
national defense authorization Act for fiscal year 2008 (whether
enacted before or after the date of the enactment of this Act) to
the Department of Defense Cooperative Threat Reduction Program for
such purposes.
(b) Future Years.--It is the sense of Congress that in fiscal year
2008 and future fiscal years, the President should accelerate and
expand funding for Cooperative Threat Reduction programs administered
by the Department of Defense and such efforts should include, beginning
upon enactment of this Act, encouraging additional commitments by the
Russian Federation and other partner nations, as recommended by the 9/
11 Commission.
SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY
PROGRAMS TO PREVENT WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
TERRORISM.
(a) In General.--Subject to subsection (b), there are authorized to
be appropriated to Department of Energy National Nuclear Security
Administration Defense Nuclear Nonproliferation such sums as may be
necessary for fiscal year 2008 to accelerate, expand, and strengthen
the following programs to prevent weapons of mass destruction (WMD)
proliferation and terrorism:
(1) The Global Threat Reduction Initiative.
(2) The Nonproliferation and International Security program.
(3) The International Materials Protection, Control and
Accounting program.
(4) The Nonproliferation and Verification Research and
Development program.
(b) Limitation.--The sums appropriated pursuant to subsection (a)
may not exceed the amounts authorized to be appropriated by any
national defense authorization Act for fiscal year 2008 (whether
enacted before or after the date of the enactment of this Act) to
Department of Energy National Nuclear Security Administration Defense
Nuclear Nonproliferation for such purposes.
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.
(a) Establishment.--There is established within the Executive
Office of the President an office to be known as the ``Office of the
United States Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism'' (in this section referred to
as the ``Office'').
(b) Officers.--
(1) United states coordinator.--The head of the Office shall be
the United States Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism (in this section referred
to as the ``Coordinator'').
(2) Deputy united states coordinator.--There shall be a Deputy
United States Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism (in this section referred
to as the ``Deputy Coordinator''), who shall--
(A) assist the Coordinator in carrying out the
responsibilities of the Coordinator under this subtitle; and
(B) serve as Acting Coordinator in the absence of the
Coordinator and during any vacancy in the office of
Coordinator.
(3) Appointment.--The Coordinator and Deputy Coordinator shall
be appointed by the President, by and with the advice and consent
of the Senate, and shall be responsible on a full-time basis for
the duties and responsibilities described in this section.
(4) Limitation.--No person shall serve as Coordinator or Deputy
Coordinator while serving in any other position in the Federal
Government.
(5) Access by congress.--The establishment of the Office of the
Coordinator within the Executive Office of the President shall not
be construed as affecting access by the Congress or committees of
either House to--
(A) information, documents, and studies in the possession
of, or conducted by or at the direction of, the Coordinator; or
(B) personnel of the Office of the Coordinator.
(c) Duties.--The responsibilities of the Coordinator shall include
the following:
(1) Serving as the principal advisor to the President on all
matters relating to the prevention of weapons of mass destruction
(WMD) proliferation and terrorism.
(2) Formulating a comprehensive and well-coordinated United
States strategy and policies for preventing WMD proliferation and
terrorism, including--
(A) measurable milestones and targets to which departments
and agencies can be held accountable;
(B) identification of gaps, duplication, and other
inefficiencies in existing activities, initiatives, and
programs and the steps necessary to overcome these obstacles;
(C) plans for preserving the nuclear security investment
the United States has made in Russia, the former Soviet Union,
and other countries;
(D) prioritized plans to accelerate, strengthen, and expand
the scope of existing initiatives and programs, which include
identification of vulnerable sites and material and the
corresponding actions necessary to eliminate such
vulnerabilities;
(E) new and innovative initiatives and programs to address
emerging challenges and strengthen United States capabilities,
including programs to attract and retain top scientists and
engineers and strengthen the capabilities of United States
national laboratories;
(F) plans to coordinate United States activities,
initiatives, and programs relating to the prevention of WMD
proliferation and terrorism, including those of the Department
of Energy, the Department of Defense, the Department of State,
and the Department of Homeland Security, and including the
Proliferation Security Initiative, the G-8 Global Partnership
Against the Spread of Weapons and Materials of Mass
Destruction, United Nations Security Council Resolution 1540,
and the Global Initiative to Combat Nuclear Terrorism;
(G) plans to strengthen United States commitments to
international regimes and significantly improve cooperation
with other countries relating to the prevention of WMD
proliferation and terrorism, with particular emphasis on work
with the international community to develop laws and an
international legal regime with universal jurisdiction to
enable any state in the world to interdict and prosecute
smugglers of WMD material, as recommended by the 9/11
Commission; and
(H) identification of actions necessary to implement the
recommendations of the Commission on the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism established
under subtitle E of this title.
(3) Leading inter-agency coordination of United States efforts
to implement the strategy and policies described in this section.
(4) Conducting oversight and evaluation of accelerated and
strengthened implementation of initiatives and programs to prevent
WMD proliferation and terrorism by relevant government departments
and agencies.
(5) Overseeing the development of a comprehensive and
coordinated budget for programs and initiatives to prevent WMD
proliferation and terrorism, ensuring that such budget adequately
reflects the priority of the challenges and is effectively
executed, and carrying out other appropriate budgetary authorities.
(d) Staff.--The Coordinator may--
(1) appoint, employ, fix compensation, and terminate such
personnel as may be necessary to enable the Coordinator to perform
his or her duties under this title;
(2) direct, with the concurrence of the Secretary of a
department or head of an agency, the temporary reassignment within
the Federal Government of personnel employed by such department or
agency, in order to implement United States policy with regard to
the prevention of WMD proliferation and terrorism;
(3) use for administrative purposes, on a reimbursable basis,
the available services, equipment, personnel, and facilities of
Federal, State, and local agencies;
(4) procure the services of experts and consultants in
accordance with section 3109 of title 5, United States Code,
relating to appointments in the Federal Service, at rates of
compensation for individuals not to exceed the daily equivalent of
the rate of pay payable for a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code; and
(5) use the mails in the same manner as any other department or
agency of the executive branch.
(e) Consultation With Commission.--The Office and the Coordinator
shall regularly consult with and strive to implement the
recommendations of the Commission on the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism, established under subtitle E
of this title.
(f) Annual Report on Strategic Plan.--For fiscal year 2009 and each
fiscal year thereafter, the Coordinator shall submit to Congress, at
the same time as the submission of the budget for that fiscal year
under title 31, United States Code, a report on the strategy and
policies developed pursuant to subsection (c)(2), together with any
recommendations of the Coordinator for legislative changes that the
Coordinator considers appropriate with respect to such strategy and
policies and their implementation or the Office of the Coordinator.
(g) Participation in National Security Council and Homeland
Security Council.--Section 101 of the National Security Act of 1947 (50
U.S.C. 402) is amended--
(1) by redesignating the last subsection (added as ``(i)'' by
section 301 of Public Law 105-292) as subsection (k); and
(2) by adding at the end the following:
``(l) Participation of Coordinator for the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism.--The United States
Coordinator for the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism (or, in the Coordinator's absence, the
Deputy United States Coordinator) may, in the performance of the
Coordinator's duty as principal advisor to the President on all matters
relating to the prevention of weapons of mass destruction proliferation
and terrorism, and, subject to the direction of the President, attend
and participate in meetings of the National Security Council and the
Homeland Security Council.''.
SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION AND
COORDINATION ON THE PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.
It is the sense of the Congress that, as soon as practical, the
President should engage the President of the Russian Federation in a
discussion of the purposes and goals for the establishment of the
Office of the United States Coordinator for the Prevention of Weapons
of Mass Destruction Proliferation and Terrorism (in this section
referred to as the ``Office''), the authorities and responsibilities of
the United States Coordinator for the Prevention of Weapons of Mass
Destruction Proliferation and Terrorism (in this section referred to as
the ``United States Coordinator''), and the importance of strong
cooperation between the United States Coordinator and a senior official
of the Russian Federation having authorities and responsibilities for
preventing weapons of mass destruction proliferation and terrorism
commensurate with those of the United States Coordinator, and with whom
the United States Coordinator should coordinate planning and
implementation of activities within and outside of the Russian
Federation having the purpose of preventing weapons of mass destruction
proliferation and terrorism.
Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
Proliferation and Terrorism
SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF WEAPONS OF
MASS DESTRUCTION PROLIFERATION AND TERRORISM.
There is established the Commission on the Prevention of Weapons of
Mass Destruction Proliferation and Terrorism (in this subtitle referred
to as the ``Commission'').
SEC. 1852. PURPOSES OF COMMISSION.
(a) In General.--The purposes of the Commission are to--
(1) assess current activities, initiatives, and programs to
prevent weapons of mass destruction proliferation and terrorism;
and
(2) provide a clear and comprehensive strategy and concrete
recommendations for such activities, initiatives, and programs.
(b) In Particular.--The Commission shall give particular attention
to activities, initiatives, and programs to secure all nuclear weapons-
usable material around the world and to significantly accelerate,
expand, and strengthen, on an urgent basis, United States and
international efforts to prevent, stop, and counter the spread of
nuclear weapons capabilities and related equipment, material, and
technology to terrorists and states of concern.
SEC. 1853. COMPOSITION OF COMMISSION.
(a) Members.--The Commission shall be composed of 9 members, of
whom--
(1) 1 member shall be appointed by the leader of the Senate of
the Democratic Party (majority or minority leader, as the case may
be), with the concurrence of the leader of the House of
Representatives of the Democratic party (majority or minority
leader as the case may be), who shall serve as chairman of the
Commission;
(2) 2 members shall be appointed by the senior member of the
Senate leadership of the Democratic party;
(3) 2 members shall be appointed by the senior member of the
Senate leadership of the Republican party;
(4) 2 members shall be appointed by the senior member of the
leadership of the House of Representatives of the Democratic party;
and
(5) 2 members shall be appointed by the senior member of the
leadership of the House of Representatives of the Republican party.
(b) Qualifications.--It is the sense of Congress that individuals
appointed to the Commission should be prominent United States citizens,
with significant depth of experience in the nonproliferation or arms
control fields.
(c) Deadline for Appointment.--All members of the Commission shall
be appointed within 90 days of the date of the enactment of this Act.
(d) Initial Meeting.--The Commission shall meet and begin the
operations of the Commission as soon as practicable.
(e) Quorum; Vacancies.--After its initial meeting, the Commission
shall meet upon the call of the chairman or a majority of its members.
Six members of the Commission shall constitute a quorum. Any vacancy in
the Commission shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made.
SEC. 1854. RESPONSIBILITIES OF COMMISSION.
(a) In General.--The Commission shall address--
(1) the roles, missions, and structure of all relevant
government departments, agencies, and other actors, including the
Office of the United States Coordinator for the Prevention of
Weapons of Mass Destruction Proliferation and Terrorism established
under subtitle D of this title;
(2) inter-agency coordination;
(3) United States commitments to international regimes and
cooperation with other countries; and
(4) the threat of weapons of mass destruction proliferation and
terrorism to the United States and its interests and allies,
including the threat posed by black-market networks, and the
effectiveness of the responses by the United States and the
international community to such threats.
(b) Follow-on Baker-Cutler Report.--The Commission shall also
reassess, and where necessary update and expand on, the conclusions and
recommendations of the report titled ``A Report Card on the Department
of Energy's Nonproliferation Programs with Russia'' of January 2001
(also known as the ``Baker-Cutler Report'') and implementation of such
recommendations.
SEC. 1855. POWERS OF COMMISSION.
(a) Hearings and Evidence.--The Commission or, on the authority of
the Commission, any subcommittee or member thereof, may, for the
purpose of carrying out this subtitle, hold such hearings and sit and
act at such times and places, take such testimony, receive such
evidence, and administer such oaths as the Commission or such
designated subcommittee or designated member may determine advisable.
(b) Contracting.--The Commission may, to such extent and in such
amounts as are provided in appropriations Acts, enter into contracts to
enable the Commission to discharge its duties under this subtitle.
(c) Staff of Commission.--
(1) Appointment and compensation.--The chairman of the
Commission, in accordance with rules agreed upon by the Commission,
may appoint and fix the compensation of a staff director and such
other personnel as may be necessary to enable the Commission to
carry out its functions, without regard to the provisions of title
5, United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that no rate
of pay fixed under this subsection may exceed the equivalent of
that payable for a position at level V of the Executive Schedule
under section 5316 of title 5, United States Code.
(2) Personnel as federal employees.--
(A) In general.--The executive director and any employees
of the Commission shall be employees under section 2105 of
title 5, United States Code, for purposes of chapters 63, 81,
83, 84, 85, 87, 89, and 90 of that title.
(B) Members of commission.--Subparagraph (A) shall not be
construed to apply to members of the Commission.
(3) Detailees.--Any Federal Government employee may be detailed
to the Commission without reimbursement from the Commission, and
such detailee shall retain the rights, status, and privileges of
his or her regular employment without interruption.
(4) Consultant services.--The Commission may procure the
services of experts and consultants in accordance with section 3109
of title 5, United States Code, but at rates not to exceed the
daily rate paid a person occupying a position at level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.
(5) Emphasis on security clearances.--Emphasis shall be made to
hire employees and retain contractors and detailees with active
security clearances.
(d) Information From Federal Agencies.--
(1) In general.--The Commission is authorized to secure
directly from any executive department, bureau, agency, board,
commission, office, independent establishment, or instrumentality
of the Government, information, suggestions, estimates, and
statistics for the purposes of this subtitle. Each department,
bureau, agency, board, commission, office, independent
establishment, or instrumentality shall, to the extent authorized
by law, furnish such information, suggestions, estimates, and
statistics directly to the Commission, upon request made by the
chairman, the chairman of any subcommittee created by a majority of
the Commission, or any member designated by a majority of the
Commission.
(2) Receipt, handling, storage, and dissemination.--Information
shall only be received, handled, stored, and disseminated by
members of the Commission and its staff consistent with all
applicable statutes, regulations, and Executive orders.
(e) Assistance From Federal Agencies.--
(1) General services administration.--The Administrator of
General Services shall provide to the Commission on a reimbursable
basis administrative support and other services for the performance
of the Commission's functions.
(2) Other departments and agencies.--In addition to the
assistance prescribed in paragraph (1), departments and agencies of
the United States may provide to the Commission such services,
funds, facilities, staff, and other support services as they may
determine advisable and as may be authorized by law.
(f) Gifts.--The Commission may accept, use, and dispose of gifts or
donations of services or property.
(g) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as departments
and agencies of the United States.
SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
(a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
shall not apply to the Commission.
(b) Public Meetings and Release of Public Versions of Reports.--The
Commission shall--
(1) hold public hearings and meetings to the extent
appropriate; and
(2) release public versions of the report required under
section 1857.
(c) Public Hearings.--Any public hearings of the Commission shall
be conducted in a manner consistent with the protection of information
provided to or developed for or by the Commission as required by any
applicable statute, regulation, or Executive order.
SEC. 1857. REPORT.
Not later than 180 days after the appointment of the Commission,
the Commission shall submit to the President and Congress a final
report containing such findings, conclusions, and recommendations for
corrective measures as have been agreed to by a majority of Commission
members.
SEC. 1858. TERMINATION.
(a) In General.--The Commission, and all the authorities of this
subtitle, shall terminate 60 days after the date on which the final
report is submitted under section 1857.
(b) Administrative Activities Before Termination.--The Commission
may use the 60-day period referred to in subsection (a) for the purpose
of concluding its activities, including providing testimony to
committees of Congress concerning its report and disseminating the
final report.
SEC. 1859. FUNDING.
(a) In General.--There are authorized to be appropriated such sums
as may be necessary for the purposes of the activities of the
Commission under this title.
(b) Duration of Availability.--Amounts made available to the
Commission under subsection (a) shall remain available until the
termination of the Commission.
TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL
COOPERATION.
(a) Findings.--Congress finds the following:
(1) The development and implementation of technology is
critical to combating terrorism and other high consequence events
and implementing a comprehensive homeland security strategy.
(2) The United States and its allies in the global war on
terrorism share a common interest in facilitating research,
development, testing, and evaluation of equipment, capabilities,
technologies, and services that will aid in detecting, preventing,
responding to, recovering from, and mitigating against acts of
terrorism.
(3) Certain United States allies in the global war on
terrorism, including Israel, the United Kingdom, Canada, Australia,
and Singapore have extensive experience with, and technological
expertise in, homeland security.
(4) The United States and certain of its allies in the global
war on terrorism have a history of successful collaboration in
developing mutually beneficial equipment, capabilities,
technologies, and services in the areas of defense, agriculture,
and telecommunications.
(5) The United States and its allies in the global war on
terrorism will mutually benefit from the sharing of technological
expertise to combat domestic and international terrorism.
(6) The establishment of an office to facilitate and support
cooperative endeavors between and among government agencies, for-
profit business entities, academic institutions, and nonprofit
entities of the United States and its allies will safeguard lives
and property worldwide against acts of terrorism and other high
consequence events.
(b) Promoting Antiterrorism Through International Cooperation
Act.--
(1) In general.--Title III of the Homeland Security Act of 2002
(6 U.S.C. 181 et seq.) is amended by adding after section 316, as
added by section 1101 of this Act, the following:
``SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL
COOPERATION PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director
selected under subsection (b)(2).
``(2) International cooperative activity.--The term
`international cooperative activity' includes--
``(A) coordinated research projects, joint research
projects, or joint ventures;
``(B) joint studies or technical demonstrations;
``(C) coordinated field exercises, scientific seminars,
conferences, symposia, and workshops;
``(D) training of scientists and engineers;
``(E) visits and exchanges of scientists, engineers, or
other appropriate personnel;
``(F) exchanges or sharing of scientific and technological
information; and
``(G) joint use of laboratory facilities and equipment.
``(b) Science and Technology Homeland Security International
Cooperative Programs Office.--
``(1) Establishment.--The Under Secretary shall establish the
Science and Technology Homeland Security International Cooperative
Programs Office.
``(2) Director.--The Office shall be headed by a Director,
who--
``(A) shall be selected, in consultation with the Assistant
Secretary for International Affairs, by and shall report to the
Under Secretary; and
``(B) may be an officer of the Department serving in
another position.
``(3) Responsibilities.--
``(A) Development of mechanisms.--The Director shall be
responsible for developing, in coordination with the Department
of State and, as appropriate, the Department of Defense, the
Department of Energy, and other Federal agencies,
understandings and agreements to allow and to support
international cooperative activity in support of homeland
security.
``(B) Priorities.--The Director shall be responsible for
developing, in coordination with the Office of International
Affairs and other Federal agencies, strategic priorities for
international cooperative activity for the Department in
support of homeland security.
``(C) Activities.--The Director shall facilitate the
planning, development, and implementation of international
cooperative activity to address the strategic priorities
developed under subparagraph (B) through mechanisms the Under
Secretary considers appropriate, including grants, cooperative
agreements, or contracts to or with foreign public or private
entities, governmental organizations, businesses (including
small businesses and socially and economically disadvantaged
small businesses (as those terms are defined in sections 3 and
8 of the Small Business Act (15 U.S.C. 632 and 637),
respectively)), federally funded research and development
centers, and universities.
``(D) Identification of partners.--The Director shall
facilitate the matching of United States entities engaged in
homeland security research with non-United States entities
engaged in homeland security research so that they may partner
in homeland security research activities.
``(4) Coordination.--The Director shall ensure that the
activities under this subsection are coordinated with the Office of
International Affairs and the Department of State and, as
appropriate, the Department of Defense, the Department of Energy,
and other relevant Federal agencies or interagency bodies. The
Director may enter into joint activities with other Federal
agencies.
``(c) Matching Funding.--
``(1) In general.--
``(A) Equitability.--The Director shall ensure that funding
and resources expended in international cooperative activity
will be equitably matched by the foreign partner government or
other entity through direct funding, funding of complementary
activities, or the provision of staff, facilities, material, or
equipment.
``(B) Grant matching and repayment.--
``(i) In general.--The Secretary may require a
recipient of a grant under this section--
``(I) to make a matching contribution of not more
than 50 percent of the total cost of the proposed
project for which the grant is awarded; and
``(II) to repay to the Secretary the amount of the
grant (or a portion thereof), interest on such amount
at an appropriate rate, and such charges for
administration of the grant as the Secretary determines
appropriate.
``(ii) Maximum amount.--The Secretary may not require
that repayment under clause (i)(II) be more than 150
percent of the amount of the grant, adjusted for inflation
on the basis of the Consumer Price Index.
``(2) Foreign partners.--Partners may include Israel, the
United Kingdom, Canada, Australia, Singapore, and other allies in
the global war on terrorism as determined to be appropriate by the
Secretary of Homeland Security and the Secretary of State.
``(3) Loans of equipment.--The Director may make or accept
loans of equipment for research and development and comparative
testing purposes.
``(d) Foreign Reimbursements.--If the Science and Technology
Homeland Security International Cooperative Programs Office
participates in an international cooperative activity with a foreign
partner on a cost-sharing basis, any reimbursements or contributions
received from that foreign partner to meet its share of the project may
be credited to appropriate current appropriations accounts of the
Directorate of Science and Technology.
``(e) Report to Congress on International Cooperative Activities.--
Not later than one year after the date of enactment of this section,
and every 5 years thereafter, the Under Secretary, acting through the
Director, shall submit to Congress a report containing--
``(1) a brief description of each grant, cooperative agreement,
or contract made or entered into under subsection (b)(3)(C),
including the participants, goals, and amount and sources of
funding; and
``(2) a list of international cooperative activities underway,
including the participants, goals, expected duration, and amount
and sources of funding, including resources provided to support the
activities in lieu of direct funding.
``(f) Animal and Zoonotic Diseases.--As part of the international
cooperative activities authorized in this section, the Under Secretary,
in coordination with the Chief Medical Officer, the Department of
State, and appropriate officials of the Department of Agriculture, the
Department of Defense, and the Department of Health and Human Services,
may enter into cooperative activities with foreign countries, including
African nations, to strengthen American preparedness against foreign
animal and zoonotic diseases overseas that could harm the Nation's
agricultural and public health sectors if they were to reach the United
States.
``(g) Construction; Authorities of the Secretary of State.--Nothing
in this section shall be construed to alter or affect the following
provisions of law:
``(1) Title V of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
``(2) Section 112b(c) of title 1, United States Code.
``(3) Section 1(e)(2) of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a(e)(2)).
``(4) Sections 2 and 27 of the Arms Export Control Act (22
U.S.C. 2752 and 22 U.S.C. 2767).
``(5) Section 622(c) of the Foreign Assistance Act of 1961 (22
U.S.C. 2382(c)).
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section such sums as are necessary.''.
(2) Technical and conforming amendment.--The table of contents
in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.) is amended by inserting after the item relating to section
316, as added by section 1101 of this Act, the following:
``Sec. 317. Promoting antiterrorism through international cooperation
program.''.
SEC. 1902. TRANSPARENCY OF FUNDS.
For each Federal award (as that term is defined in section 2 of the
Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note)) under this title or an amendment made by this title, the
Director of the Office of Management and Budget shall ensure full and
timely compliance with the requirements of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).
TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION
SEC. 2001. SHORT TITLE.
This title may be cited as the ``9/11 Commission International
Implementation Act of 2007''.
SEC. 2002. DEFINITION.
In this title, except as otherwise provided, the term ``appropriate
congressional committees''--
(1) means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate; and
(2) includes, for purposes of subtitle D, the Committees on
Armed Services of the House of Representatives and of the Senate.
Subtitle A--Quality Educational Opportunities in Predominantly Muslim
Countries.
SEC. 2011. FINDINGS; POLICY.
(a) Findings.--Congress makes the following findings:
(1) The report of the National Commission on Terrorist Attacks
Upon the United States stated that ``[e]ducation that teaches
tolerance, the dignity and value of each individual, and respect
for different beliefs is a key element in any global strategy to
eliminate Islamist terrorism''.
(2) The report of the National Commission on Terrorist Attacks
Upon the United States concluded that ensuring educational
opportunity is essential to the efforts of the United States to
defeat global terrorism and recommended that the United States
Government ``should offer to join with other nations in generously
supporting [spending funds] . . . directly for building and
operating primary and secondary schools in those Muslim states that
commit to sensibly investing their own money in public education''.
(3) While Congress endorsed such a program in the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458),
such a program has not been established.
(b) Policy.--It is the policy of the United States--
(1) to work toward the goal of dramatically increasing the
availability of modern basic education through public schools in
predominantly Muslim countries, which will reduce the influence of
radical madrassas and other institutions that promote religious
extremism;
(2) to join with other countries in generously supporting the
International Muslim Youth Opportunity Fund authorized under
section 7114 of the Intelligence Reform and Terrorism Prevention
Act of 2004, as amended by section 2012 of this Act, with the goal
of building and supporting public primary and secondary schools in
predominantly Muslim countries that commit to sensibly investing
the resources of such countries in modern public education;
(3) to offer additional incentives to increase the availability
of modern basic education in predominantly Muslim countries; and
(4) to work to prevent financing of educational institutions
that support radical Islamic fundamentalism.
SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
Section 7114 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (22 U.S.C. 2228) is amended to read as follows:
``SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
``(a) Purpose.--The purpose of this section is to strengthen the
public educational systems in predominantly Muslim countries by--
``(1) authorizing the establishment of an International Muslim
Youth Educational Fund through which the United States dedicates
resources, either through a separate fund or through an
international organization, to assist those countries that commit
to education reform; and
``(2) providing resources for the Fund and to the President to
help strengthen the public educational systems in those countries.
``(b) Establishment of Fund.--
``(1) Authority.--The President is authorized to establish an
International Muslim Youth Opportunity Fund and to carry out
programs consistent with paragraph (4) under existing authorities,
including the Mutual Educational and Cultural Exchange Act of 1961
(commonly referred to as the `Fulbright-Hays Act').
``(2) Location.--The Fund may be established--
``(A) as a separate fund in the Treasury; or
``(B) through an international organization or
international financial institution, such as the United Nations
Educational, Science and Cultural Organization, the United
Nations Development Program, or the International Bank for
Reconstruction and Development.
``(3) Transfers and receipts.--The head of any department,
agency, or instrumentality of the United States Government may
transfer any amount to the Fund, and the Fund may receive funds
from private enterprises, foreign countries, or other entities.
``(4) Activities of the fund.--The Fund shall support programs
described in this paragraph to improve the education environment in
predominantly Muslim countries.
``(A) Assistance to enhance modern educational programs.--
``(i) The establishment in predominantly Muslim
countries of a program of reform to create a modern
education curriculum in the public educational systems in
such countries.
``(ii) The establishment or modernization of
educational materials to advance a modern educational
curriculum in such systems.
``(iii) Teaching English to adults and children.
``(iv) The enhancement in predominantly Muslim
countries of community, family, and student participation
in the formulation and implementation of education
strategies and programs in such countries.
``(B) Assistance for training and exchange programs for
teachers, administrators, and students.--
``(i) The establishment of training programs for
teachers and educational administrators to enhance skills,
including the establishment of regional centers to train
individuals who can transfer such skills upon return to
their countries.
``(ii) The establishment of exchange programs for
teachers and administrators in predominantly Muslim
countries and with other countries to stimulate additional
ideas and reform throughout the world, including teacher
training exchange programs focused on primary school
teachers in such countries.
``(iii) The establishment of exchange programs for
primary and secondary students in predominantly Muslim
countries and with other countries to foster understanding
and tolerance and to stimulate long-standing relationships.
``(C) Assistance targeting primary and secondary
students.--
``(i) The establishment in predominantly Muslim
countries of after-school programs, civic education
programs, and education programs focusing on life skills,
such as inter-personal skills and social relations and
skills for healthy living, such as nutrition and physical
fitness.
``(ii) The establishment in predominantly Muslim
countries of programs to improve the proficiency of primary
and secondary students in information technology skills.
``(D) Assistance for development of youth professionals.--
``(i) The establishment of programs in predominantly
Muslim countries to improve vocational training in trades
to help strengthen participation of Muslims and Arabs in
the economic development of their countries.
``(ii) The establishment of programs in predominantly
Muslim countries that target older Muslim youths not in
school in such areas as entrepreneurial skills, accounting,
micro-finance activities, work training, financial
literacy, and information technology.
``(E) Other types of assistance.--
``(i) The translation of foreign books, newspapers,
reference guides, and other reading materials into local
languages.
``(ii) The construction and equipping of modern
community and university libraries.
``(5) Authorization of appropriations.--
``(A) In general.--There is authorized to be appropriated
to the President to carry out this section such sums as may be
necessary for fiscal years 2008, 2009, and 2010.
``(B) Availability.--Amounts appropriated pursuant to the
authorization of appropriations under subsection (a) are
authorized to remain available until expended.
``(C) Additional funds.--Amounts authorized to be
appropriated under subsection (a) shall be in addition to
amounts otherwise available for such purposes.
``(6) Report to congress.--Not later than 180 days after the
date of the enactment of this section and annually thereafter until
January 30, 2010, the President shall submit to the appropriate
congressional committees a report on United States efforts to
assist in the improvement of educational opportunities for
predominantly Muslim children and youths, including the progress
made toward establishing the International Muslim Youth Opportunity
Fund.
``(7) Appropriate congressional committees defined.--In this
subsection, the term `appropriate congressional committees' means
the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives and the Committee on
Foreign Relations and the Committee on Appropriations of the
Senate.''.
SEC. 2013. ANNUAL REPORT TO CONGRESS.
(a) In General.--Not later than June 1 of each year until December
31, 2009, the Secretary of State shall submit to the appropriate
congressional committees a report on the efforts of predominantly
Muslim countries to increase the availability of modern basic education
and to close educational institutions that promote religious extremism
and terrorism.
(b) Contents.--Each report shall include--
(1) a list of predominantly Muslim countries that are making
serious and sustained efforts to improve the availability of modern
basic education and to close educational institutions that promote
religious extremism and terrorism;
(2) a list of such countries that are making efforts to improve
the availability of modern basic education and to close educational
institutions that promote religious extremism and terrorism, but
such efforts are not serious and sustained;
(3) a list of such countries that are not making efforts to
improve the availability of modern basic education and to close
educational institutions that promote religious extremism and
terrorism; and
(4) an assessment for each country specified in each of
paragraphs (1), (2), and (3) of the role of United States
assistance with respect to the efforts made or not made to improve
the availability of modern basic education and close educational
institutions that promote religious extremism and terrorism.
SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED
SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
(a) Findings.--Congress finds the following:
(1) Section 7113 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 2452 note)
authorized the establishment of a pilot program to provide grants
to American-sponsored schools in predominantly Muslim countries so
that such schools could provide scholarships to young people from
lower-income and middle-income families in such countries to attend
such schools, where they could improve their English and be exposed
to a modern education.
(2) Since the date of the enactment of that section, the Middle
East Partnership Initiative has pursued implementation of that
program.
(b) Extension of Program.--
(1) In general.--Section 7113 of the Intelligence Reform and
Terrorism Prevention Act of 2004 is amended--
(A) in the section heading by striking ``pilot''; and
(B) in subsection (c)--
(i) in the subsection heading, by striking ``Pilot'';
and
(ii) by striking ``pilot'';
(C) in subsection (d), by striking ``pilot'' each place it
appears;
(D) in subsection (f) by striking ``pilot'';
(E) in subsection (g), in the first sentence--
(i) by inserting ``and April 15, 2008,'' after ``April
15, 2006,''; and
(ii) by striking ``pilot''; and
(F) in subsection (h)--
(i) by striking ``2005 and 2006'' and inserting ``2007
and 2008''; and
(ii) by striking ``pilot''.
(2) Conforming amendment.--Section 1(b) of such Act is amended,
in the table of contents, by striking the item relating to section
7113 and inserting after section 7112 the following new item:
``7113. Program to provide grants to American-sponsored schools in
predominantly Muslim countries to provide scholarships.''.
Subtitle B--Democracy and Development in the Broader Middle East Region
SEC. 2021. MIDDLE EAST FOUNDATION.
(a) Purposes.--The purposes of this section are to support, through
the provision of grants, technical assistance, training, and other
programs, in the countries of the broader Middle East region, the
expansion of--
(1) civil society;
(2) opportunities for political participation for all citizens;
(3) protections for internationally recognized human rights,
including the rights of women;
(4) educational system reforms;
(5) independent media;
(6) policies that promote economic opportunities for citizens;
(7) the rule of law; and
(8) democratic processes of government.
(b) Middle East Foundation.--
(1) Designation.--The Secretary of State is authorized to
designate an appropriate private, nonprofit organization that is
organized or incorporated under the laws of the United States or of
a State as the Middle East Foundation (referred to in this section
as the ``Foundation'').
(2) Funding.--
(A) Authority.--The Secretary of State is authorized to
provide funding to the Foundation through the Middle East
Partnership Initiative of the Department of State.
Notwithstanding any other provision of law, the Foundation
shall use amounts provided under this paragraph to carry out
the purposes specified in subsection (a), including through
making grants, using such funds as an endowment, and providing
other assistance to entities to carry out programs for such
purposes.
(B) Funding from other sources.--In determining the amount
of funding to provide to the Foundation, the Secretary of State
shall take into consideration the amount of funds that the
Foundation has received from sources other than the United
States Government.
(3) Notification to congressional committees.--The Secretary of
State shall notify the appropriate congressional committees of the
designation of an appropriate organization as the Foundation.
(c) Grants for Projects.--
(1) Foundation to make grants.--The Secretary of State shall
enter into an agreement with the Foundation that requires the
Foundation to use the funds provided under subsection (b)(2) to
make grants to persons or entities (other than governments or
government entities) located in the broader Middle East region or
working with local partners based in the broader Middle East region
to carry out projects that support the purposes specified in
subsection (a).
(2) Center for public policy.--Under the agreement described in
paragraph (1), the Foundation may make a grant to an institution of
higher education located in the broader Middle East region to
create a center for public policy for the purpose of permitting
scholars and professionals from the countries of the broader Middle
East region and from other countries, including the United States,
to carry out research, training programs, and other activities to
inform public policymaking in the broader Middle East region and to
promote broad economic, social, and political reform for the people
of the broader Middle East region.
(3) Applications for grants.--An entity seeking a grant from
the Foundation under this section shall submit an application to
the head of the Foundation at such time, in such manner, and
containing such information as the head of the Foundation may
reasonably require.
(d) Private Character of the Foundation.--Nothing in this section
shall be construed to--
(1) make the Foundation an agency or establishment of the
United States Government, or to make the officers or employees of
the Foundation officers or employees of the United States for
purposes of title 5, United States Code; or
(2) impose any restriction on the Foundation's acceptance of
funds from private and public sources in support of its activities
consistent with the purposes specified in subsection (a).
(e) Limitation on Payments to Foundation Personnel.--No part of the
funds provided to the Foundation under this section shall inure to the
benefit of any officer or employee of the Foundation, except as salary
or reasonable compensation for services.
(f) Retention of Interest.--The Foundation may hold funds provided
under this section in interest-bearing accounts prior to the
disbursement of such funds to carry out the purposes specified in
subsection (a), and may retain for such purposes any interest earned
without returning such interest to the Treasury of the United States.
The Foundation may retain and use such funds as an endowment to carry
out the purposes specified in subsection (a).
(g) Financial Accountability.--
(1) Independent private audits of the foundation.--The accounts
of the Foundation shall be audited annually in accordance with
generally accepted auditing standards by independent certified
public accountants or independent licensed public accountants
certified or licensed by a regulatory authority of a State or other
political subdivision of the United States. The report of the
independent audit shall be included in the annual report required
by subsection (h).
(2) GAO audits.--The financial transactions undertaken pursuant
to this section by the Foundation may be audited by the Government
Accountability Office in accordance with such principles and
procedures and under such rules and regulations as may be
prescribed by the Comptroller General of the United States.
(3) Audits of grant recipients.--
(A) In general.--A recipient of a grant from the Foundation
shall agree to permit an audit of the books and records of such
recipient related to the use of the grant funds.
(B) Recordkeeping.--Such recipient shall maintain
appropriate books and records to facilitate an audit referred
to in subparagraph (A), including--
(i) separate accounts with respect to the grant funds;
(ii) records that fully disclose the use of the grant
funds;
(iii) records describing the total cost of any project
carried out using grant funds; and
(iv) the amount and nature of any funds received from
other sources that were combined with the grant funds to
carry out a project.
(h) Annual Reports.--Not later than January 31, 2008, and annually
thereafter, the Foundation shall submit to the appropriate
congressional committees and make available to the public a report that
includes, for the fiscal year prior to the fiscal year in which the
report is submitted, a comprehensive and detailed description of--
(1) the operations and activities of the Foundation that were
carried out using funds provided under this section;
(2) grants made by the Foundation to other entities with funds
provided under this section;
(3) other activities of the Foundation to further the purposes
specified in subsection (a); and
(4) the financial condition of the Foundation.
(i) Broader Middle East Region Defined.--In this section, the term
``broader Middle East region'' means Afghanistan, Algeria, Bahrain,
Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman,
Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates,
West Bank and Gaza, and Yemen.
(j) Repeal.--Section 534(k) of Public Law 109-102 is repealed.
Subtitle C--Reaffirming United States Moral Leadership
SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC DIPLOMACY.
(a) Finding.--Congress finds that the report of the National
Commission on Terrorist Attacks Upon the United States stated that
``Recognizing that Arab and Muslim audiences rely on satellite
television and radio, the government has begun some promising
initiatives in television and radio broadcasting to the Arab world,
Iran, and Afghanistan. These efforts are beginning to reach large
audiences. The Broadcasting Board of Governors has asked for much
larger resources. It should get them.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States needs to improve its communication of
information and ideas to people in foreign countries, particularly
in countries with significant Muslim populations; and
(2) public diplomacy should reaffirm the paramount commitment
of the United States to democratic principles, including preserving
the civil liberties of all the people of the United States,
including Muslim-Americans.
(c) Special Authority for Surge Capacity.--The United States
International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is
amended by adding at the end the following new section:
``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
``(a) Emergency Authority.--
``(1) In general.--Whenever the President determines it to be
important to the national interests of the United States and so
certifies to the appropriate congressional committees, the
President, on such terms and conditions as the President may
determine, is authorized to direct any department, agency, or other
entity of the United States to furnish the Broadcasting Board of
Governors with such assistance outside the United States as may be
necessary to provide international broadcasting activities of the
United States with a surge capacity to support United States
foreign policy objectives during a crisis abroad.
``(2) Supersedes existing law.--The authority of paragraph (1)
shall supersede any other provision of law.
``(3) Surge capacity defined.--In this subsection, the term
`surge capacity' means the financial and technical resources
necessary to carry out broadcasting activities in a geographical
area during a crisis abroad.
``(4) Duration.--The President is authorized to exercise the
authority provided in subsection (a)(1) for a period of up to six
months, which may be renewed for one additional six month period.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated to
the President such sums as may be necessary for the President to
carry out this section, except that no such amount may be
appropriated which, when added to amounts previously appropriated
for such purpose but not yet obligated, would cause such amounts to
exceed $25,000,000.
``(2) Availability of funds.--Amounts appropriated pursuant to
the authorization of appropriations in this subsection are
authorized to remain available until expended.
``(3) Designation of appropriations.--Amounts appropriated
pursuant to the authorization of appropriations in this subsection
may be referred to as the `United States International Broadcasting
Surge Capacity Fund'.
``(c) Report.--The annual report submitted to the President and
Congress by the Broadcasting Board of Governors under section 305(a)(9)
shall provide a detailed description of any activities carried out
under this section.''.
SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING.
(a) Transcription of Persian and Arabic Language Broadcasts.--Not
later than 90 days after the date of the enactment of this Act, the
Broadcasting Board of Governors shall initiate a pilot project to
transcribe into the English language news and information programming
broadcast by Radio Farda, Radio Sawa, the Persian Service of the Voice
of America, and Alhurra.
(b) Random Sampling; Public Availability.--The transcription
required under subsection (a) shall consist of a random sampling of
such programming. The transcripts shall be available to Congress and
the public on the Internet site of the Board.
(c) Report.--Not later than May 1, 2008, the Chairman of the
Broadcasting Board of Governors shall submit to the Committee on
Foreign Affairs of the House of Representatives and Committee on
Foreign Relations of the Senate a report on the feasibility and utility
of continuing the pilot project required under subsection (a).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to the ``International Broadcasting Operations'' account
of the Broadcasting Board of Governors $2,000,000 for fiscal year 2008
to carry out the pilot project required under subsection (a).
SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND
LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM COUNTRIES.
(a) Report; Certification.--Not later than 30 days after the date
of the enactment of this Act and every 180 days thereafter until
December 31, 2009, the Secretary of State shall submit to the
appropriate congressional committees a report on the recommendations of
the National Commission on Terrorist Attacks Upon the United States and
the policy goals described in section 7112 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108-458) for expanding
United States scholarship, exchange, and library programs in
predominantly Muslim countries. Such report shall include--
(1) a certification by the Secretary of State that such
recommendations have been implemented; or
(2) if the Secretary of State is unable to make the
certification described in paragraph (1), a description of--
(A) the steps taken to implement such recommendations and
achieve such policy goals;
(B) when the Secretary of State expects such
recommendations to be implemented and such policy goals to be
achieved; and
(C) any allocation of resources or other actions by
Congress the Secretary of State considers necessary to
implement such recommendations and achieve such policy goals.
(b) Termination of Duty to Report.--The duty to submit a report
under subsection (a) shall terminate when the Secretary of State
submits a certification pursuant to paragraph (1) of such subsection.
SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES.
(a) Findings.--Congress finds the following:
(1) The National Commission on Terrorist Attacks Upon the
United States (commonly referred to as the ``9/11 Commission'')
declared that the United States ``should work with friends to
develop mutually agreed-on principles for the detention and humane
treatment of captured international terrorists who are not being
held under a particular country's criminal laws'' and recommended
that the United States engage its allies ``to develop a common
coalition approach toward the detention and humane treatment of
captured terrorists''.
(2) A number of investigations remain ongoing by countries that
are close United States allies in the war on terrorism regarding
the conduct of officials, employees, and agents of the United
States and of other countries related to conduct regarding
detainees.
(3) The Secretary of State has launched an initiative to try to
address the differences between the United States and many of its
allies regarding the treatment of detainees.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary, acting through the Legal Adviser of the Department of State,
should continue to build on the Secretary's efforts to engage United
States allies to develop a common coalition approach, in compliance
with Common Article 3 of the Geneva Conventions and other applicable
legal principles, toward the detention and humane treatment of
individuals detained during Operation Iraqi Freedom, Operation Enduring
Freedom, or in connection with United States counterterrorist
operations.
(c) Reporting to Congress.--
(1) Briefings.--The Secretary of State shall keep the
appropriate congressional committees fully and currently informed
of the progress of any discussions between the United States and
its allies regarding the development of the common coalition
approach described in subsection (b).
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in consultation with
the Attorney General and the Secretary of Defense, shall submit to
the appropriate congressional committees a report on any progress
towards developing the common coalition approach described in
subsection (b).
(d) Definition.--In this section, the term ``appropriate
congressional committees'' means--
(1) with respect to the House of Representatives, the Committee
on Foreign Affairs, the Committee on Armed Services, the Committee
on the Judiciary, and the Permanent Select Committee on
Intelligence; and
(2) with respect to the Senate, the Committee on Foreign
Relations, the Committee on Armed Services, the Committee on the
Judiciary, and the Select Committee on Intelligence.
Subtitle D--Strategy for the United States Relationship With
Afghanistan, Pakistan, and Saudi Arabia
SEC. 2041. AFGHANISTAN.
(a) Congressional Findings.--Congress finds the following:
(1) A democratic, stable, and prosperous Afghanistan is vital
to the national security of the United States and to combating
international terrorism.
(2) Following the ouster of the Taliban regime in 2001, the
Government of Afghanistan, with assistance from the United States
and the international community, has achieved some notable
successes, including--
(A) adopting a constitution;
(B) holding presidential, parliamentary, and provincial
council elections;
(C) improving the protection of human rights, including
women's rights; and
(D) expanding educational opportunities.
(3) The following factors pose a serious and immediate threat
to the stability of Afghanistan:
(A) Taliban and anti-government forces, al Qaeda, and
criminal networks.
(B) Drug trafficking and corruption.
(C) Weak institutions of administration, security, and
justice, including pervasive lack of the rule of law.
(D) Poverty, unemployment, and lack of provision of basic
services.
(4) The United States and the international community must
significantly increase political, economic, and military support to
Afghanistan to ensure its long-term stability and prosperity, and
to deny violent extremist groups such as al Qaeda sanctuary in
Afghanistan.
(b) Statements of Policy.--The following shall be the policies of
the United States:
(1) The United States shall vigorously support the people and
Government of Afghanistan as they continue to commit to the path
toward a government representing and protecting the rights of all
Afghans, and shall maintain its long-term commitment to the people
of Afghanistan by increased assistance and the continued deployment
of United States troops in Afghanistan as long as the Government of
Afghanistan supports such United States involvement.
(2) In order to reduce the ability of the Taliban and al Qaeda
to finance their operations through the opium trade, the President
shall engage aggressively with the Government of Afghanistan,
countries in the region or otherwise influenced by the trade and
transit of narcotics, as well as North Atlantic Treaty Organization
(NATO) partners of the United States, and in consultation with
Congress, to assess the success of the current Afghan counter-
narcotics strategy and to explore additional options for addressing
the narcotics crisis in Afghanistan, including possible changes in
rules of engagement for NATO and Coalition forces for participation
in actions against narcotics trafficking and kingpins, and the
provision of comprehensive assistance to farmers who rely on opium
for their livelihood, including through the promotion of
alternative crops and livelihoods.
(3) The United States shall continue to work with and provide
assistance to the Government of Afghanistan to strengthen local and
national government institutions and the rule of law, including the
training of judges and prosecutors, and to train and equip the
Afghan National Security Forces.
(4) The United States shall continue to call on NATO members
participating in operations in Afghanistan to meet their
commitments to provide forces and equipment, and to lift
restrictions on how such forces can be deployed.
(5) The United States shall continue to foster greater
understanding and cooperation between the Governments of
Afghanistan and Pakistan by taking the following actions:
(A) Facilitating greater communication, including through
official mechanisms such as the Tripartite Commission and the
Joint Intelligence Operations Center, and by promoting other
forms of exchange between the parliaments and civil society of
the two countries.
(B) Urging the Government of Afghanistan to enter into a
political dialogue with Pakistan with respect to all issues
relating to the border between the two countries, with the aim
of establishing a mutually-recognized and monitored border,
open to human and economic exchange, and with both countries
fully responsible for border security.
(c) Statement of Congress.--Congress strongly urges that the
Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) be
reauthorized and updated to take into account new developments in
Afghanistan and in the region so as to demonstrate the continued
support by the United States for the people and Government of
Afghanistan.
(d) Emergency Increase in Effective Police Training and Policing
Operations.--
(1) Congressional finding.--Congress finds that police training
programs in Afghanistan have achieved far less return on
substantial investment to date and require a substantive review and
justification of the means and purposes of such assistance,
consequent to any provision of additional resources.
(2) Assistance authorized.--The President shall make increased
efforts, on an urgent basis, to--
(A) dramatically improve the capability and effectiveness
of United States and international police trainers, mentors,
and police personnel for police training programs in
Afghanistan, as well as develop a pretraining screening
program;
(B) increase the numbers of such trainers, mentors, and
personnel only if such increase is determined to improve the
performance and capabilities of the Afghanistan civil security
forces; and
(C) assist the Government of Afghanistan, in conjunction
with the Afghanistan civil security forces and their
leadership, in addressing the corruption crisis that is
threatening to undermine Afghanistan's future.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, and every 6 months thereafter until
September 30, 2010, the President shall transmit to the appropriate
congressional committees a report on United States efforts to
fulfill the requirements of this subsection. The report required by
this paragraph may be transmitted concurrently with any similar
report required by the Afghanistan Freedom Support Act of 2002.
SEC. 2042. PAKISTAN.
(a) Congressional Findings.--Congress finds the following:
(1) A democratic, stable, and prosperous Pakistan that is a
full and reliable partner in the struggle against the Taliban, al
Qaeda, and other terrorist groups, and is a responsible steward of
its nuclear weapons and technology, is vital to the national
security of the United States.
(2) Since September 11, 2001, the Government of Pakistan has
been a critical ally and an important partner in removing the
Taliban regime in Afghanistan and combating al Qaeda.
(3) Pakistan has made great sacrifices in the shared struggle
against al Qaeda-affiliated terrorist groups, engaging in military
operations that have led to the deaths of hundreds of Pakistani
security personnel and enduring acts of terrorism that have killed
hundreds of Pakistani civilians.
(4) Publicly-stated goals of the Government of Pakistan and the
national interests of the United States are in close agreement in
many areas, including--
(A) curbing the proliferation of nuclear weapons
technology;
(B) combating poverty and corruption;
(C) enabling effective government institutions, including
public education;
(D) promoting democracy and the rule of law, particularly
at the national level;
(E) addressing the continued presence of Taliban and other
violent extremist forces throughout the country;
(F) maintaining the authority of the Government of Pakistan
in all parts of its national territory;
(G) securing the borders of Pakistan to prevent the
movement of militants and terrorists into other countries and
territories; and
(H) effectively dealing with violent extremism.
(5) The opportunity exists for shared effort in helping to
achieve correlative goals with the Government of Pakistan,
particularly--
(A) increased United States assistance to Pakistan, as
appropriate, to achieve progress in meeting the goals of
subparagraphs (A) through (C) of paragraph (4);
(B) increased commitment on the part of the Government of
Pakistan to achieve the goals of paragraph (4)(D), particularly
given continued concerns, based on the conduct of previous
elections, regarding whether parliamentary elections scheduled
for 2007 will be free, fair, and inclusive of all political
parties and carried out in full accordance with
internationally-recognized democratic norms; and
(C) increased commitment on the part of the Government of
Pakistan to take actions described in paragraph (4)(E),
particularly given--
(i) the continued operation of the Taliban's Quetta
shura, as noted by then-North Atlantic Treaty Organization
Supreme Allied Commander General James Jones in testimony
before the Senate Foreign Relations Committee on September
21, 2006; and
(ii) the continued operation of al Qaeda affiliates
Lashkar-e Taiba and Jaish-e Muhammad, sometimes under
different names, as demonstrated by the lack of meaningful
action taken against Hafiz Muhammad Saeed, Maulana Masood
Azhar, and other known leaders and members of such
terrorist organizations; and
(D) increased commitment on the part of the Government of
the United States in regard to working with all elements of
Pakistan society in helping to achieve the correlative goals
described in subparagraphs (A) through (H) of paragraph (4).
(b) Statements of Policy.--The following shall be the policy of the
United States:
(1) To maintain and deepen its friendship and long-term
strategic relationship with Pakistan.
(2) To work with the Government of Pakistan to combat
international terrorism, especially in the frontier provinces of
Pakistan, and to end the use of Pakistan as a safe haven for
terrorist groups, including those associated with al Qaeda or the
Taliban.
(3) To support robust funding for programs of the United States
Agency for International Development and the Department of State
that assist the Government of Pakistan in working toward the goals
described in subsection (a)(4), as the Government of Pakistan
demonstrates a clear commitment to building a moderate, democratic
state.
(4) To work with the international community to secure
additional financial and political support to effectively implement
the policies set forth in this subsection.
(5) To facilitate a just resolution of the dispute over the
territory of Kashmir, to the extent that such facilitation is
invited and welcomed by the Governments of Pakistan and India and
by the people of Kashmir.
(6) To facilitate greater communication and cooperation between
the Governments of Afghanistan and Pakistan for the improvement of
bilateral relations and cooperation in combating terrorism in both
countries.
(7) To work with the Government of Pakistan to dismantle
existing proliferation networks and prevent the proliferation of
nuclear technology.
(c) Strategy Relating to Pakistan.--
(1) Requirement for report on strategy.--Not later than 90 days
after the date of the enactment of this Act, the President shall
transmit to the appropriate congressional committees a report that
describes the long-term strategy of the United States to engage
with the Government of Pakistan to achieve the goals described in
subparagraphs (A) through (H) of subsection (a)(4) and to carry out
the policies described in subsection (b).
(2) Form.--The report required by paragraph (1) shall be
transmitted in unclassified form, but may include a classified
annex, if necessary.
(d) Limitation on United States Security Assistance to Pakistan.--
(1) Limitation.--For fiscal year 2008, United States assistance
under chapter 2 of part II of the Foreign Assistance Act of 1961
(22 U.S.C. 2311 et seq.) or section 23 of the Arms Export Control
Act (22 U.S.C. 2763) may not be provided to, and a license for any
item controlled under the Arms Export Control Act (22 U.S.C. 2751
et seq.) may not be approved for, Pakistan until the President
transmits to the appropriate congressional committees a report that
contains a determination of the President that the Government of
Pakistan--
(A) is committed to eliminating from Pakistani territory
any organization such as the Taliban, al Qaeda, or any
successor, engaged in military, insurgent, or terrorist
activities in Afghanistan;
(B) is undertaking a comprehensive military, legal,
economic, and political campaign to achieving the goal
described in subparagraph (A); and
(C) is currently making demonstrated, significant, and
sustained progress toward eliminating support or safe haven for
terrorists.
(2) Memorandum of justification.--The President shall include
in the report required by paragraph (1) a memorandum of
justification setting forth the basis for the President's
determination under paragraph (1).
(3) Form.--The report required by paragraph (1) and the
memorandum of justification required by paragraph (2) shall be
transmitted in unclassified form, but may include a classified
annex, if necessary.
(e) Nuclear Proliferation.--
(1) Congressional finding.--Congress finds that the maintenance
by any country of a procurement or supply network for the illicit
proliferation of nuclear and missile technologies would be
inconsistent with that country being considered an ally of the
United States.
(2) Sense of congress.--It is the sense of Congress that the
national security interest of the United States will best be served
if the United States develops and implements a long-term strategy
to improve the United States relationship with Pakistan and works
with the Government of Pakistan to stop nuclear proliferation.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to the
President such sums as may be necessary to provide assistance
described in subsection (d)(1) for Pakistan for fiscal year 2008 in
accordance with the requirements of subsection (d)(1).
(2) Other funds.--Amounts authorized to be appropriated under
this subsection are in addition to amounts otherwise available for
such purposes.
(3) Declaration of policy.--Congress declares that the amount
of funds appropriated pursuant to the authorization of
appropriations under paragraph (1) and for subsequent fiscal years
shall be determined by the extent to which the Government of
Pakistan displays demonstrable progress in--
(A) preventing al Qaeda and other terrorist organizations
from operating in the territory of Pakistan, including
eliminating terrorist training camps or facilities, arresting
members and leaders of terrorist organizations, and countering
recruitment efforts;
(B) preventing the Taliban from using the territory of
Pakistan as a sanctuary from which to launch attacks within
Afghanistan, including by arresting Taliban leaders, stopping
cross-border incursions, and countering recruitment efforts;
and
(C) implementing democratic reforms, including allowing
free, fair, and inclusive elections at all levels of government
in accordance with internationally-recognized democratic norms,
and respecting the independence of the press and judiciary.
(4) Biannual reports to congress.--
(A) In general.--The Secretary of State shall submit to the
appropriate congressional committees a biannual report
describing in detail the extent to which the Government of
Pakistan has displayed demonstrable progress in meeting the
goals described in subparagraphs (A) through (C) of paragraph
(3).
(B) Schedule for submission.--The report required by
subparagraph (A) shall be submitted not later than April 15 and
October 15 of each year until October 15, 2009.
(C) Form.--The report required by subparagraph (A) shall be
submitted in unclassified form, but may include a classified
annex, if necessary.
(g) Extension of Waivers.--
(1) Amendments.--The Act entitled ``An Act to authorize the
President to exercise waivers of foreign assistance restrictions
with respect to Pakistan through September 30, 2003, and for other
purposes'', approved October 27, 2001 (Public Law 107-57; 115 Stat.
403), is amended--
(A) in section 1(b)--
(i) in the heading, to read as follows:
``(b) Fiscal Years 2007 and 2008--''; and
(ii) in paragraph (1), by striking ``any provision''
and all that follows through ``that prohibits'' and
inserting ``any provision of an Act making appropriations
for foreign operations, export financing, and related
programs appropriations for fiscal year 2007 or 2008 (or
any other appropriations Act) that prohibits'';
(B) in section 3(2), by striking ``Such provision'' and all
that follows through ``as are'' and inserting ``Such provision
of an Act making appropriations for foreign operations, export
financing, and related programs appropriations for fiscal years
2002 through 2008 (or any other appropriations Act) as are'';
and
(C) in section 6, by striking ``the provisions'' and all
that follows and inserting ``the provisions of this Act shall
terminate on October 1, 2008.''.
(2) Effective date.--The amendments made by paragraph (1) take
effect on October 1, 2006.
(3) Sense of congress.--It is the sense of Congress that
determinations to provide extensions of waivers of foreign
assistance prohibitions with respect to Pakistan pursuant to Public
Law 107-57 for fiscal years after the fiscal years specified in the
amendments made by paragraph (1) to Public Law 107-57 should be
informed by demonstrable progress in achieving the goals described
in subparagraphs (A) through (C) of subsection (f)(3).
SEC. 2043. SAUDI ARABIA.
(a) Congressional Findings.--Congress finds that:
(1) The National Commission on Terrorist Attacks Upon the
United States concluded that the Kingdom of Saudi Arabia has ``been
a problematic ally in combating Islamic extremism. At the level of
high policy, Saudi Arabia's leaders cooperated with American
diplomatic initiatives aimed at the Taliban or Pakistan before 9/
11. At the same time, Saudi Arabia's society was a place where al
Qaeda raised money directly from individuals and through charities.
It was the society that produced 15 of the 19 hijackers.''.
(2) Saudi Arabia has an uneven record in the fight against
terrorism, especially with respect to terrorist financing, support
for radical madrassas, a lack of political outlets for its
citizens, and restrictions on religious pluralism, that poses a
threat to the security of the United States, the international
community, and Saudi Arabia itself.
(3) The National Commission on Terrorist Attacks Upon the
United States concluded that the ``problems in the U.S.-Saudi
relationship must be confronted, openly''. It recommended that the
two countries build a relationship that includes a ``shared
commitment to political and economic reform . . . and a shared
interest in greater tolerance and cultural respect, translating
into a commitment to fight the violent extremists who foment
hatred''.
(4) The United States has a national security interest in
working with the Government of Saudi Arabia to combat international
terrorists that operate within that country or that operate outside
Saudi Arabia with the support of citizens of Saudi Arabia.
(5) The United States and Saudi Arabia established a Strategic
Dialogue in 2005, which provides a framework for the two countries
to discuss a range of bilateral issues at high levels, including
counterterrorism policy and political and economic reforms.
(6) It is in the national security interest of the United
States to support the Government of Saudi Arabia in undertaking a
number of political and economic reforms, including increasing
anti-terrorism operations conducted by law enforcement agencies,
providing more political and religious rights to its citizens,
increasing the rights of women, engaging in comprehensive
educational reform, enhancing monitoring of charitable
organizations, and promulgating and enforcing domestic laws and
regulation on terrorist financing.
(b) Statement of Policy.--It is the policy of the United States--
(1) to engage with the Government of Saudi Arabia to openly
confront the issue of terrorism, as well as other problematic
issues such as the lack of political freedoms;
(2) to enhance counterterrorism cooperation with the Government
of Saudi Arabia; and
(3) to support the efforts of the Government of Saudi Arabia to
make political, economic, and social reforms, including greater
religious freedom, throughout the country.
(c) Progress in Counterterrorism and Other Cooperation.--
(1) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees a report that--
(A) describes the long-term strategy of the United States--
(i) to engage with the Government of Saudi Arabia to
facilitate political, economic, and social reforms,
including greater religious freedom, that will enhance the
ability of the Government of Saudi Arabia to combat
international terrorism; and
(ii) to work with the Government of Saudi Arabia to
combat terrorism, including through effective measures to
prevent and prohibit the financing of terrorists by Saudi
institutions and citizens; and
(B) provides an assessment of the progress made by Saudi
Arabia since 2001 on the matters described in subparagraph (A),
including--
(i) whether Saudi Arabia has become a party to the
International Convention for the Suppression of the
Financing of Terrorism; and
(ii) the activities and authority of the Saudi
Nongovernmental National Commission for Relief and Charity
Work Abroad.
(2) Form.--The report required by paragraph (1) shall be
transmitted in unclassified form, but may include a classified
annex, if necessary.
TITLE XXI--ADVANCING DEMOCRATIC VALUES
SEC. 2101. SHORT TITLE.
This title may be cited as the ``Advance Democratic Values, Address
Nondemocratic Countries, and Enhance Democracy Act of 2007'' or the
``ADVANCE Democracy Act of 2007''.
SEC. 2102. FINDINGS.
Congress finds the following:
(1) The United States Declaration of Independence, the United
States Constitution, and the United Nations Universal Declaration
of Human Rights declare that all human beings are created equal and
possess certain rights and freedoms, including the fundamental
right to participate in the political life and government of their
respective countries.
(2) The development of democracy constitutes a long-term
challenge that goes through unique phases and paces in individual
countries as such countries develop democratic institutions such as
a thriving civil society, a free media, and an independent
judiciary, and must be led from within such countries, including by
nongovernmental and governmental reformers.
(3) Individuals, nongovernmental organizations, and movements
that support democratic principles, practices, and values are under
increasing pressure from some governments of nondemocratic
countries (as well as, in some cases, from governments of
democratic transition countries), including by using administrative
and regulatory mechanisms to undermine the activities of such
individuals, organizations, and movements.
(4) Democratic countries have a number of instruments available
for supporting democratic reformers who are committed to promoting
effective, nonviolent change in nondemocratic countries and who are
committed to keeping their countries on the path to democracy.
(5) United States efforts to promote democracy and protect
human rights can be strengthened to improve assistance for such
reformers, including through an enhanced role for United States
diplomats when properly trained and given the right incentives.
(6) The promotion of democracy requires a broad-based effort
with cooperation between all democratic countries, including
through the Community of Democracies.
SEC. 2103. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to promote freedom and democracy in foreign countries as a
fundamental component of United States foreign policy, along with
other key foreign policy goals;
(2) to affirm fundamental freedoms and internationally
recognized human rights in foreign countries, as reflected in the
Universal Declaration of Human Rights and the International
Covenant on Civil and Political Rights, and to condemn offenses
against those freedoms and rights as a fundamental component of
United States foreign policy, along with other key foreign policy
goals;
(3) to protect and promote such fundamental freedoms and
rights, including the freedoms of association, of expression, of
the press, and of religion, and the right to own private property;
(4) to commit to the long-term challenge of promoting universal
democracy by promoting democratic institutions, including
institutions that support the rule of law (such as an independent
judiciary), an independent and professional media, strong
legislatures, a thriving civil society, transparent and
professional independent governmental auditing agencies, civilian
control of the military, and institutions that promote the rights
of minorities and women;
(5) to use instruments of United States influence to support,
promote, and strengthen democratic principles, practices, and
values, including the right to free, fair, and open elections,
secret balloting, and universal suffrage, including by--
(A) providing appropriate support to individuals,
nongovernmental organizations, and movements located in
nondemocratic countries that aspire to live in freedom and
establish full democracy in such countries; and
(B) providing political, economic, and other support to
foreign countries and individuals, nongovernmental
organizations, and movements that are willingly undertaking a
transition to democracy; and
(6) to strengthen cooperation with other democratic countries
in order to better promote and defend shared values and ideals.
SEC. 2104. DEFINITIONS.
In this title:
(1) Annual report on advancing freedom and democracy.--The term
``Annual Report on Advancing Freedom and Democracy'' refers to the
annual report submitted to Congress by the Department of State
pursuant to section 665(c) of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2151n note),
in which the Department reports on actions taken by the United
States Government to encourage respect for human rights and
democracy.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs of the House of Representatives and the Committee
on Foreign Relations of the Senate.
(3) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of State for Democracy, Human Rights,
and Labor.
(4) Community of democracies and community.--The terms
``Community of Democracies'' and ``Community'' mean the association
of democratic countries committed to the global promotion of
democratic principles, practices, and values, which held its First
Ministerial Conference in Warsaw, Poland, in June 2000.
(5) Department.--The term ``Department'' means the Department
of State.
(6) Nondemocratic country or democratic transition country.--
The term ``nondemocratic country'' or ``democratic transition
country'' shall include any country which is not governed by a
fully functioning democratic form of government, as determined by
the Secretary, taking into account the general consensus regarding
the status of civil and political rights in a country by major
nongovernmental organizations that conduct assessments of such
conditions in countries and whether the country exhibits the
following characteristics:
(A) All citizens of such country have the right to, and are
not restricted in practice from, fully and freely participating
in the political life of such country.
(B) The national legislative body of such country and, if
directly elected, the head of government of such country, are
chosen by free, fair, open, and periodic elections, by
universal and equal suffrage, and by secret ballot.
(C) More than one political party in such country has
candidates who seek elected office at the national level and
such parties are not restricted in their political activities
or their process for selecting such candidates, except for
reasonable administrative requirements commonly applied in
countries categorized as fully democratic.
(D) All citizens in such country have a right to, and are
not restricted in practice from, fully exercising such
fundamental freedoms as the freedom of expression, conscience,
and peaceful assembly and association, and such country has a
free, independent, and pluralistic media.
(E) The current government of such country did not come to
power in a manner contrary to the rule of law.
(F) Such country possesses an independent judiciary and the
government of such country generally respects the rule of law.
(G) Such country does not violate other core principles
enshrined in the United Nations Charter, the Universal
Declaration of Human Rights, the International Covenant on
Civil and Political Rights, United Nations Commission on Human
Rights Resolution 1499/57 (entitled ``Promotion of the Right to
Democracy''), and the United Nations General Assembly
Resolution 55/96 (entitled ``Promoting and consolidating
democracy'').
(H) As applicable, whether the country has scored favorably
on the political, civil liberties, corruption, and rule of law
indicators used to determine eligibility for financial
assistance disbursed from the Millennium Challenge Account.
(7) Secretary.--The term ``Secretary'' means the Secretary of
State.
Subtitle A--Activities to Enhance the Promotion of Democracy
SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE.
(a) Democracy Liaison Officers.--
(1) In general.--The Secretary of State shall establish and
staff Democracy Liaison Officer positions. Democracy Liaison
Officers shall serve under the supervision of the Assistant
Secretary. Democracy Liaison Officers may be assigned to the
following posts:
(A) United States missions to, or liaisons with, regional
and multilateral organizations, including the United States
missions to the European Union, African Union, Organization of
American States, and any other appropriate regional
organization, the Organization for Security and Cooperation in
Europe, the United Nations and its relevant specialized
agencies, and the North Atlantic Treaty Organization.
(B) Regional public diplomacy centers of the Department of
State.
(C) United States combatant commands.
(D) Other posts as designated by the Secretary.
(2) Responsibilities.--Each Democracy Liaison Officer should--
(A) provide expertise on effective approaches to promote
and build democracy;
(B) assist in formulating and implementing strategies for
transitions to democracy; and
(C) carry out such other responsibilities as the Secretary
or the Assistant Secretary may assign.
(3) New positions.--To the fullest extent practicable, taking
into consideration amounts appropriated to carry out this
subsection and personnel available for assignment to the positions
described in paragraph (1), the Democracy Liaison Officer positions
established under subsection (a) shall be new positions that are in
addition to existing positions with responsibility for other human
rights and democracy related issues and programs, including
positions with responsibility for labor issues.
(4) Relationship to other authorities.--Nothing in this
subsection may be construed as altering any authority or
responsibility of a chief of mission or other employee of a
diplomatic mission of the United States provided under any other
provision of law, including any authority or responsibility for the
development or implementation of strategies to promote democracy.
(b) Office Related to Democratic Movements and Transitions.--
(1) Establishment.--There shall be identified within the Bureau
of Democracy, Human Rights, and Labor of the Department at least
one office that shall be responsible for working with democratic
movements and facilitating the transition to full democracy of
nondemocratic countries and democratic transition countries.
(2) Responsibilities.--The Assistant Secretary shall, including
by acting through the office or offices identified pursuant to
paragraph (1)--
(A) provide support for Democratic Liaison Officers
established under subsection (a);
(B) develop relations with, consult with, and provide
assistance to nongovernmental organizations, individuals, and
movements that are committed to the peaceful promotion of
democracy and fundamental rights and freedoms, including
fostering relationships with the United States Government and
the governments of other democratic countries; and
(C) assist officers and employees of regional bureaus of
the Department to develop strategies and programs to promote
peaceful change in nondemocratic countries and democratic
transition countries.
(3) Liaison.--Within the Bureau of Democracy, Human Rights, and
Labor, the Assistant Secretary shall identify officers or employees
who have expertise in and shall be responsible for working with
nongovernmental organizations, individuals, and movements that
develop relations with, consult with, and provide assistance to
nongovernmental organizations, individuals, and movements in
foreign countries that are committed to the peaceful promotion of
democracy and fundamental rights and freedoms.
(c) Actions by Chiefs of Mission.--Each chief of mission in each
nondemocratic country or democratic transition country should--
(1) develop, as part of annual program planning, a strategy to
promote democratic principles, practices, and values in each such
foreign country and to provide support, as appropriate, to
nongovernmental organizations, individuals, and movements in each
such country that are committed to democratic principles,
practices, and values, such as by--
(A) consulting and coordinating with and providing support
to such nongovernmental organizations, individuals, and
movements regarding the promotion of democracy;
(B) issuing public condemnations of violations of
internationally recognized human rights, including violations
of religious freedom, and visiting local landmarks and other
local sites associated with nonviolent protest in support of
democracy and freedom from oppression; and
(C) holding periodic meetings with such nongovernmental
organizations, individuals, and movements to discuss democracy
and political, social, and economic freedoms;
(2) hold ongoing discussions with the leaders of each such
nondemocratic country or democratic transition country regarding
progress toward a democratic system of governance and the
development of political, social, and economic freedoms and respect
for human rights, including freedom of religion or belief, in such
country; and
(3) conduct meetings with civil society, interviews with media
that can directly reach citizens of each such country, and
discussions with students and young people of each such country
regarding progress toward a democratic system of governance and the
development of political, social, and economic freedoms in each
such country.
(d) Recruitment.--The Secretary should seek to increase the
proportion of members of the Foreign Service who serve in the Bureau of
Democracy, Human Rights, and Labor.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry
out this section.
SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM.
(a) Requirement for Program.--The Secretary shall establish a
Democracy Fellowship Program to enable officers of the Department to
gain an additional perspective on democracy promotion in foreign
countries by working on democracy issues in appropriate congressional
offices or congressional committees with oversight over the subject
matter of this title, including the Committee on Foreign Affairs and
the Committee on Appropriations of the House of Representatives and the
Committee on Foreign Relations and the Committee on Appropriations of
the Senate, and international or nongovernmental organizations involved
in democracy promotion.
(b) Selection and Placement.--The Assistant Secretary shall play a
central role in the selection of Democracy Fellows and facilitate their
placement in appropriate congressional offices, congressional
committees, international organizations, and nongovernmental
organizations.
SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN
LAW.
(a) In General.--The President, with the assistance of the
Secretary, the Under Secretary of State for Democracy and Global
Affairs, and the Ambassador-at-Large for War Crimes Issues, shall
collect information regarding incidents that may constitute crimes
against humanity, genocide, slavery, or other violations of
international humanitarian law.
(b) Accountability.--The President shall consider what actions can
be taken to ensure that any government of a country or the leaders or
senior officials of such government who are responsible for crimes
against humanity, genocide, slavery, or other violations of
international humanitarian law identified under subsection (a) are
brought to account for such crimes in an appropriately constituted
tribunal.
Subtitle B--Strategies and Reports on Human Rights and the Promotion of
Democracy
SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT.
(a) Expansion of Country-Specific Strategies to Promote
Democracy.--
(1) Commendation.--Congress commends the Secretary for the
ongoing work by the Department to develop country-specific
strategies for promoting democracy.
(2) Expansion.--The Secretary shall expand the development of
such strategies to all nondemocratic countries and democratic
transition countries.
(3) Briefings.--The Secretary shall keep the appropriate
congressional committees fully and currently informed as such
strategies are developed.
(b) Report Title.--Section 665(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C.
2151n note) is amended, in the first sentence, by inserting ``entitled
the Annual Report on Advancing Freedom and Democracy'' before the
period at the end.
(c) Enhanced Report.--The Annual Report on Advancing Freedom and
Democracy shall include, as appropriate--
(1) United States priorities for the promotion of democracy and
the protection of human rights for each nondemocratic country and
democratic transition country, developed in consultation with
relevant parties in such countries; and
(2) specific actions and activities of chiefs of missions and
other United States officials to promote democracy and protect
human rights in each such country.
(d) Schedule of Submission.--Section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2151n note) is amended, in the second sentence, by striking ``30
days'' and inserting ``90 days''.
SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS.
(a) In General.--The Secretary shall continue to expand the timely
translation of the applicable parts of the Country Reports on Human
Rights Practices required under sections 116(d) and 502B(b) of the
Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), the
Annual Report on International Religious Freedom required under section
102(b) of the International Religious Freedom Act of 1998 (22 U.S.C.
6412(b)), the Trafficking in Persons Report required under section
110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
7107(b)), and any separate report on democracy and human rights policy
submitted in accordance with section 665(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C.
2151n note) into the principal languages of as many countries as
possible, with particular emphasis on nondemocratic countries,
democratic transition countries, and countries in which extrajudicial
killings, torture, or other serious violations of human rights have
occurred.
(b) Report.--
(1) Requirement.--Not later than April 1, 2008, and annually
thereafter through 2010, the Secretary shall submit to the
appropriate congressional committees a report describing any
translations of the reports specified in subsection (a) for the
preceding year, including which of such reports have been
translated into which principal languages and the countries in
which such translations have been distributed by posting on a
relevant website or elsewhere.
(2) Form.--The report required under paragraph (1) may be
included in any separate report on democracy and human rights
policy submitted in accordance with section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003.
Subtitle C--Advisory Committee on Democracy Promotion and the Internet
Website of the Department of State
SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.
Congress commends the Secretary for creating an Advisory Committee
on Democracy Promotion, and it is the sense of Congress that the
Committee should play a significant role in the Department's
transformational diplomacy by advising the Secretary regarding United
States efforts to promote democracy and democratic transition in
connection with the formulation and implementation of United States
foreign policy and foreign assistance, including reviewing and making
recommendations on--
(1) how to improve the capacity of the Department to promote
democracy and human rights; and
(2) how to improve foreign assistance programs related to the
promotion of democracy.
SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE OF THE
DEPARTMENT OF STATE.
It is the sense of Congress that in order to facilitate access by
individuals, nongovernmental organizations, and movements in foreign
countries to documents, streaming video and audio, and other media
regarding democratic principles, practices, and values, and the
promotion and strengthening of democracy, the Secretary should take
additional steps to enhance the Internet site for global democracy and
human rights of the Department, which should include, where
practicable, the following:
(1) Narratives and histories, published by the United States
Government, of significant democratic movements in foreign
countries, particularly regarding successful nonviolent campaigns
to promote democracy in non-democratic countries and democratic
transition countries.
(2) Narratives, published by the United States Government,
relating to the importance of the establishment of and respect for
internationally recognized human rights, democratic principles,
practices, and values, and other fundamental freedoms.
(3) Major human rights reports by the United States Government,
including translations of such materials, as appropriate.
(4) Any other documents, references, or links to appropriate
external Internet websites (such as websites of international or
nongovernmental organizations), including references or links to
training materials, narratives, and histories regarding successful
democratic movements.
Subtitle D--Training in Democracy and Human Rights; Incentives
SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION OF HUMAN
RIGHTS.
(a) In General.--The Secretary shall continue to enhance training
for members of the Foreign Service and civil service responsible for
the promotion of democracy and the protection of human rights. Such
training shall include appropriate instruction and training materials
regarding:
(1) International documents and United States policy regarding
the promotion of democracy and respect for human rights.
(2) United States policy regarding the promotion and
strengthening of democracy around the world, with particular
emphasis on the transition to democracy in nondemocratic countries
and democratic transition countries.
(3) For any member, chief of mission, or deputy chief of
mission who is to be assigned to a nondemocratic country or
democratic transition country, ways to promote democracy in such
country and to assist individuals, nongovernmental organizations,
and movements in such country that support democratic principles,
practices, and values.
(4) The protection of internationally recognized human rights
(including the protection of religious freedom) and standards
related to such rights, provisions of United States law related to
such rights, diplomatic tools to promote respect for such rights,
and the protection of individuals who have fled their countries due
to violations of such rights.
(b) Consultation.--The Secretary, acting through the Director of
the National Foreign Affairs Training Center of the Foreign Service
Institute of the Department, shall consult, as appropriate, with
nongovernmental organizations involved in the protection and promotion
of such rights and the United States Commission on International
Religious Freedom with respect to the training required by this
subsection.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the appropriate
congressional committees a report containing a description of the
current and planned training provided to Foreign Service officers in
human rights and democracy promotion, including such training provided
to chiefs of mission serving or preparing to serve in nondemocratic
countries or democratic transition countries.
SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY AWARD.
It is the sense of Congress that--
(1) the Secretary should further strengthen the capacity of the
Department to carry out results-based democracy promotion efforts
through the establishment of an annual award to be known as the
``Outstanding Achievements in Advancing Democracy Award'', or the
``ADVANCE Democracy Award'', that would be awarded to officers or
employees of the Department; and
(2) the Secretary should establish procedures for selecting
recipients of such award, including any financial terms associated
with such award.
SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE.
In addition to the awards and other incentives already implemented,
the Secretary should increase incentives for members of the Foreign
Service and other employees of the Department who take assignments
relating to the promotion of democracy and the protection of human
rights, including the following:
(1) Providing performance pay under section 405 of the Foreign
Service Act of 1980 (22 U.S.C. 3965) to such members and employees
who carry out their assignment in an outstanding manner.
(2) Considering such an assignment as a basis for promotion
into the Senior Foreign Service.
(3) Providing Foreign Service Awards under section 614 of the
Foreign Service Act of 1980 (22 U.S.C. 4013) to such members and
employees who provide distinguished or meritorious service in the
promotion of democracy or the protection of human rights.
Subtitle E--Cooperation With Democratic Countries
SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES.
(a) Sense of Congress.--It is the sense of Congress that the United
States should cooperate with other democratic countries to--
(1) promote and protect democratic principles, practices, and
values;
(2) promote and protect shared political, social, and economic
freedoms, including the freedoms of association, of expression, of
the press, of religion, and to own private property;
(3) promote and protect respect for the rule of law;
(4) develop, adopt, and pursue strategies to advance common
interests in international organizations and multilateral
institutions to which members of cooperating democratic countries
belong; and
(5) provide political, economic, and other necessary support to
countries that are undergoing a transition to democracy.
(b) Community of Democracies.--
(1) Sense of congress.--It is the sense of Congress that--
(A) the Community of Democracies should develop a more
formal mechanism for carrying out work between ministerial
meetings, such as through the creation of a permanent
secretariat with appropriate staff to carry out such work, and
should establish a headquarters; and
(B) nondemocratic countries should not participate in any
association or group of democratic countries aimed at working
together to promote democracy.
(2) Detail of personnel.--The Secretary is authorized to detail
on a nonreimbursable basis any employee of the Department to any
permanent secretariat of the Community of Democracies or to the
government of any country that is a member of the Convening Group
of the Community of Democracies.
(c) Establishment of an Office for Multilateral Democracy
Promotion.--The Secretary should establish an office of multilateral
democracy promotion with the mission to further develop and strengthen
the institutional structure of the Community of Democracies, develop
interministerial projects, enhance the United Nations Democracy Caucus,
manage policy development of the United Nations Democracy Fund, and
enhance coordination with other regional and multilateral bodies with
jurisdiction over democracy issues.
(d) International Center for Democratic Transition.--
(1) Sense of congress.--It is the sense of Congress that the
International Center for Democratic Transition, an initiative of
the Government of Hungary, serves to promote practical projects and
the sharing of best practices in the area of democracy promotion
and should be supported by, in particular, the United States, other
European countries with experiences in democratic transitions, and
private individuals.
(2) Authorization of appropriations.--There is authorized to be
appropriated $1,000,000 for each of fiscal years 2008, 2009, and
2010 to the Secretary for a grant to the International Center for
Democratic Transition. Amounts appropriated under this paragraph
are authorized to remain available until expended.
Subtitle F--Funding for Promotion of Democracy
SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND.
(a) Sense of Congress.--It is the sense of Congress that the United
States should work with other countries to enhance the goals and work
of the United Nations Democracy Fund, an essential tool to promote
democracy, and in particular support civil society in foreign countries
in their efforts to help consolidate democracy and bring about
transformational change.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $14,000,000 for each of fiscal years 2008 and 2009 to the
Secretary for a United States contribution to the United Nations
Democracy Fund.
SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS.
(a) Sense of Congress Regarding Use of Instruments of Democracy
Promotion.--It is the sense of Congress that--
(1) United States support for democracy is strengthened by
using a variety of different instrumentalities, such as the
National Endowment for Democracy, the United States Agency for
International Development, and the Department; and
(2) the purpose of the Department's Human Rights and Democracy
Fund should be to support innovative programming, media, and
materials designed to uphold democratic principles, practices, and
values, support and strengthen democratic institutions, promote
human rights and the rule of law, and build civil societies in
countries around the world.
(b) Sense of Congress Regarding Mechanisms for Delivering
Assistance.--
(1) Findings.--Congress finds the following:
(A) Democracy assistance has many different forms,
including assistance to promote the rule of law, build the
capacity of civil society, political parties, and legislatures,
improve the independence of the media and the judiciary,
enhance independent auditing functions, and advance security
sector reform.
(B) There is a need for greater clarity on the coordination
and delivery mechanisms for United States democracy assistance.
(2) Sense of congress.--It is the sense of Congress that the
Secretary and the Administrator of the United States Agency for
International Development should develop guidelines, in
consultation with the appropriate congressional committees,
building on the existing framework for grants, cooperative
agreements, contracts, and other acquisition mechanisms to guide
United States missions in foreign countries in coordinating United
States democracy assistance and selecting the appropriate
combination of such mechanisms for such assistance.
TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS
SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.
(a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309
note) is amended--
(1) by striking paragraphs (1) and (2) of subsection (a) and
inserting the following:
``(1) may take such administrative action as is necessary to
establish and implement--
``(A) a grant program to assist public safety agencies in
the planning and coordination associated with, the acquisition
of, deployment of, or training for the use of interoperable
communications equipment, software and systems that--
``(i) utilize reallocated public safety spectrum for
radio communication;
``(ii) enable interoperability with communications
systems that can utilize reallocated public safety spectrum
for radio communication; or
``(iii) otherwise improve or advance the
interoperability of public safety communications systems
that utilize other public safety spectrum bands; and
``(B) are used to establish and implement a strategic
technology reserve to pre-position or secure interoperable
communications in advance for immediate deployment in an
emergency or major disaster;
``(2) shall make payments of not to exceed $1,000,000,000, in
the aggregate, through fiscal year 2010 from the Digital Television
Transition and Public Safety Fund established under section
309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(E)) to carry out the grant program established under
paragraph (1), of which at least $75,000,000, in the aggregate,
shall be used for purposes described in paragraph (1)(B); and
``(3) shall permit any funds allocated for use under paragraph
(1)(B) to be used for purposes identified under paragraph (1)(A),
if the public safety agency demonstrates that it has already
implemented such a strategic technology reserve or demonstrates
higher priority public safety communications needs.'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (h), (i), and (j), respectively, and inserting after
subsection (a) the following:
``(b) Eligibility.--To be eligible for assistance under the grant
program established under subparagraph (a)(1)(A), an applicant shall
submit an application, at such time, in such form, and containing such
information as the Assistant Secretary may require, including a
detailed explanation of how assistance received under the program would
be used to improve communications interoperability and ensure
interoperability with other public safety agencies in an emergency or a
major disaster.
``(c) Criteria for Strategic Technology Reserves.--
``(1) In general.--In evaluating permitted uses under
subparagraph (a)(1)(B), the Assistant Secretary shall consider the
continuing technological evolution of communications technologies
and devices, with its implicit risk of obsolescence, and shall
ensure, to the maximum extent feasible, that a substantial part of
the reserve involves prenegotiated contracts and other arrangements
for rapid deployment of equipment, supplies, and systems (and
communications service related to such equipment, supplies, and
systems), rather than the warehousing or storage of equipment and
supplies currently available at the time the reserve is
established.
``(2) Requirements and characteristics.--Funds provided to meet
uses described in paragraph (1) shall be used in support of
reserves that--
``(A) are capable of re-establishing communications when
existing critical infrastructure is damaged or destroyed in an
emergency or a major disaster;
``(B) include appropriate current, widely-used equipment,
such as Land Mobile Radio Systems, cellular telephones and
satellite-enabled equipment (and related communications
service), Cells-On-Wheels, Cells-On-Light-Trucks, or other
self-contained mobile cell sites that can be towed, backup
batteries, generators, fuel, and computers;
``(C) include equipment on hand for the Governor of each
State, key emergency response officials, and appropriate State
or local personnel;
``(D) include contracts (including prenegotiated contracts)
for rapid delivery of the most current technology available
from commercial sources; and
``(E) include arrangements for training to ensure that
personnel are familiar with the operation of the equipment and
devices to be delivered pursuant to such contracts.
``(3) Additional characteristics.--Portions of the reserve may
be virtual and may include items donated on an in-kind contribution
basis.
``(4) Allocation of funds.--In evaluating permitted uses under
subparagraph (a)(1)(B), the Assistant Secretary shall take into
account barriers to immediate deployment, including time and
distance, that may slow the rapid deployment of equipment,
supplies, and systems (and communications service related to such
equipment, supplies, and systems) in the event of an emergency in
any State.
``(d) Voluntary Consensus Standards.--In carrying out this section,
the Assistant Secretary, in cooperation with the Secretary of Homeland
Security, shall identify and, if necessary, encourage the development
and implementation of, voluntary consensus standards for interoperable
communications systems to the greatest extent practicable, but shall
not require any such standard.
``(e) Inspector General Report and Audits.--
``(1) Report.--Beginning with the first fiscal year beginning
after the date of enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, the Inspector General of the
Department of Commerce shall conduct an annual assessment of the
management of the grant program implemented under subsection (a)(1)
and transmit a report containing the findings of that assessment
and any recommendations related thereto to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(2) Audits.--Beginning with the first fiscal year beginning
after the date of enactment of the Implementing Recommendations of
the 9/11 Commission Act of 2007, the Inspector General of the
Department of Commerce shall conduct financial audits of entities
receiving grants from the program implemented under subsection
(a)(1), and shall ensure that, over the course of 4 years, such
audits cover recipients in a representative sample of not fewer
than 25 States or territories. The results of any such audits shall
be made publicly available via web site, subject to redaction as
the Inspector General determines necessary to protect classified
and other sensitive information.
``(f) Rule of Construction.--Nothing in this section shall be
construed or interpreted to preclude the use of funds under this
section by any public safety agency for interim- or long-term Internet
Protocol-based interoperable solutions.''; and
(3) by striking paragraph (3) of subsection (j), as so
redesignated.
(b) FCC Vulnerability Assessment and Report on Emergency
Communications Back-up System.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Federal Communications Commission shall
conduct a vulnerability assessment of the Nation's critical
communications and information systems infrastructure and shall
evaluate the technical feasibility of creating a back-up emergency
communications system that complements existing communications
resources and takes into account next generation and advanced
communications technologies. The overriding objective for the
evaluation shall be providing a framework for the development of a
resilient interoperable communications system for emergency
responders in an emergency. The Commission shall consult with the
National Communications System and shall evaluate all reasonable
options, including satellites, wireless, and terrestrial-based
communications systems and other alternative transport mechanisms
that can be used in tandem with existing technologies.
(2) Factors to be evaluated.--The evaluation under paragraph
(1) shall include--
(A) a survey of all Federal agencies that use terrestrial
or satellite technology for communications security and an
evaluation of the feasibility of using existing systems for the
purpose of creating such an emergency back-up public safety
communications system;
(B) the feasibility of using private satellite, wireless,
or terrestrial networks for emergency communications;
(C) the technical options, cost, and deployment methods of
software, equipment, handsets or desktop communications devices
for public safety entities in major urban areas, and
nationwide; and
(D) the feasibility and cost of necessary changes to the
network operations center of terrestrial-based or satellite
systems to enable the centers to serve as emergency back-up
communications systems.
(3) Report.--
(A) In general.--Upon the completion of the evaluation
under subsection (a), the Commission shall submit a report to
Congress that details the findings of the evaluation, including
a full inventory of existing public and private resources most
efficiently capable of providing emergency communications.
(B) Classified index.--The report on critical
infrastructure under this subsection may contain a classified
annex.
(C) Retention of classification.--The classification of
information required to be provided to Congress or any other
department or agency under this section by the Federal
Communications Commission, including the assignment of a level
of classification of such information, shall be binding on
Congress and any other department or agency.
(c) Joint Advisory Committee on Communications Capabilities of
Emergency Medical and Public Health Care Facilities.--
(1) Establishment.--The Assistant Secretary of Commerce for
Communications and Information and the Chairman of the Federal
Communications Commission, in consultation with the Secretary of
Homeland Security and the Secretary of Health and Human Services,
shall establish a joint advisory committee to examine the
communications capabilities and needs of emergency medical and
public health care facilities. The joint advisory committee shall
be composed of individuals with expertise in communications
technologies and emergency medical and public health care,
including representatives of Federal, State and local governments,
industry and non-profit health organizations, and academia and
educational institutions.
(2) Duties.--The joint advisory committee shall--
(A) assess specific communications capabilities and needs
of emergency medical and public health care facilities,
including the improvement of basic voice, data, and broadband
capabilities;
(B) assess options to accommodate growth of basic and
emerging communications services used by emergency medical and
public health care facilities;
(C) assess options to improve integration of communications
systems used by emergency medical and public health care
facilities with existing or future emergency communications
networks; and
(D) report its findings to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce, within 6
months after the date of enactment of this Act.
(d) Authorization of Emergency Medical and Public Health
Communications Pilot Projects.--
(1) In general.--The Assistant Secretary of Commerce for
Communications and Information may establish not more than 10
geographically dispersed project grants to emergency medical and
public health care facilities to improve the capabilities of
emergency communications systems in emergency medical care
facilities.
(2) Maximum amount.--The Assistant Secretary may not provide
more than $2,000,000 in Federal assistance under the pilot program
to any applicant.
(3) Cost sharing.--The Assistant Secretary may not provide more
than 20 percent of the cost, incurred during the period of the
grant, of any project under the pilot program.
(4) Maximum period of grants.--The Assistant Secretary may not
fund any applicant under the pilot program for more than 3 years.
(5) Deployment and distribution.--The Assistant Secretary shall
seek to the maximum extent practicable to ensure a broad geographic
distribution of project sites.
(6) Transfer of information and knowledge.--The Assistant
Secretary shall establish mechanisms to ensure that the information
and knowledge gained by participants in the pilot program are
transferred among the pilot program participants and to other
interested parties, including other applicants that submitted
applications.
SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT.
The Federal departments and agencies (including independent
agencies) identified under the provisions of this title and title III
of this Act and title VI of Public Law 109-295 shall carry out their
respective duties and responsibilities in a manner that does not impede
the implementation of requirements specified under this title and title
III of this Act and title VI of Public Law 109-295. Notwithstanding the
obligations under section 1806 of Public Law 109-295, the provisions of
this title and title III of this Act and title VI of Public Law 109-295
shall not preclude or obstruct any such department or agency from
exercising its other authorities related to emergency communications
matters.
SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Federal Communications Commission, in consultation
with the Department of Homeland Security's Office of Emergency
Communications, the Office of Management of Budget, and the Department
of State shall report to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee on Energy and
Commerce on--
(1) the status of the mechanism established by the President
under section 7303(c) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating cross
border interoperability issues between--
(A) the United States and Canada; and
(B) the United States and Mexico;
(2) the status of treaty negotiations with Canada and Mexico
regarding the coordination of the re-banding of 800 megahertz
radios, as required under the final rule of the Federal
Communication Commission in the ``Private Land Mobile Services; 800
MHz Public Safety Interface Proceeding'' (WT Docket No. 02-55; ET
Docket No. 00-258; ET Docket No. 95-18, RM-9498; RM-10024; FCC 04-
168) including the status of any outstanding issues in the
negotiations between--
(A) the United States and Canada; and
(B) the United States and Mexico;
(3) communications between the Commission and the Department of
State over possible amendments to the bilateral legal agreements
and protocols that govern the coordination process for license
applications seeking to use channels and frequencies above Line A;
(4) the annual rejection rate for the last 5 years by the
United States of applications for new channels and frequencies by
Canadian private and public entities; and
(5) any additional procedures and mechanisms that can be taken
by the Commission to decrease the rejection rate for applications
by United States private and public entities seeking licenses to
use channels and frequencies above Line A.
(b) Updated Reports to Be Filed on the Status of Treaty of
Negotiations.--The Federal Communications Commission, in conjunction
with the Department of Homeland Security, the Office of Management of
Budget, and the Department of State shall continually provide updated
reports to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the House of
Representatives on the status of treaty negotiations under subsection
(a)(2) until the appropriate United States treaty has been revised with
each of--
(1) Canada; and
(2) Mexico.
(c) International Negotiations To Remedy Situation.--Not later than
90 days after the date of enactment of this Act, the Secretary of the
Department of State shall report to Congress on--
(1) the current process for considering applications by Canada
for frequencies and channels by United States communities above
Line A;
(2) the status of current negotiations to reform and revise
such process;
(3) the estimated date of conclusion for such negotiations;
(4) whether the current process allows for automatic denials or
dismissals of initial applications by the Government of Canada, and
whether such denials or dismissals are currently occurring; and
(5) communications between the Department of State and the
Federal Communications Commission pursuant to subsection (a)(3).
SEC. 2204. EXTENSION OF SHORT QUORUM.
Notwithstanding section 4(d) of the Consumer Product Safety Act (15
U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission,
if they are not affiliated with the same political party, shall
constitute a quorum for the 6-month period beginning on the date of
enactment of this Act.
SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
In addition to the committees specifically enumerated to receive
reports under this title, any report transmitted under the provisions
of this title shall also be transmitted to the appropriate
congressional committees (as defined in section 2(2) of the Homeland
Security Act of 2002 (6 U.S.C. 101(2))).
TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION
SEC. 2301. SHORT TITLE.
This title may be cited as the ``Improving Emergency Communications
Act of 2007''.
SEC. 2302. FUNDING FOR PROGRAM.
Section 3011 of the Digital Television Transition and Public Safety
Act of 2005 (Public Law 109-171; 47 U.S.C. 309 note) is amended--
(1) by striking ``The'' and inserting:
``(a) In General.--The''; and
(2) by adding at the end the following:
``(b) Credit.--The Assistant Secretary may borrow from the
Treasury, upon enactment of the 911 Modernization Act, such sums as
necessary, but not to exceed $43,500,000, to implement this section.
The Assistant Secretary shall reimburse the Treasury, without interest,
as funds are deposited into the Digital Television Transition and
Public Safety Fund.''.
SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION.
Section 158(b)(4) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942(b)(4)) is
amended by adding at the end thereof the following: ``Within 180 days
after the date of enactment of the 911 Modernization Act, the Assistant
Secretary and the Administrator shall jointly issue regulations
updating the criteria to allow a portion of the funds to be used to
give priority to grants that are requested by public safety answering
points that were not capable of receiving 911 calls as of the date of
enactment of that Act, for the incremental cost of upgrading from Phase
I to Phase II compliance. Such grants shall be subject to all other
requirements of this section.''.
TITLE XXIV--MISCELLANEOUS PROVISIONS
SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) Review Required.--Title VII of the Homeland Security Act of
2002 is amended by adding at the end the following:
``SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.
``(a) Requirement.--
``(1) Quadrennial reviews required.--In fiscal year 2009, and
every 4 years thereafter, the Secretary shall conduct a review of
the homeland security of the Nation (in this section referred to as
a `quadrennial homeland security review').
``(2) Scope of reviews.--Each quadrennial homeland security
review shall be a comprehensive examination of the homeland
security strategy of the Nation, including recommendations
regarding the long-term strategy and priorities of the Nation for
homeland security and guidance on the programs, assets,
capabilities, budget, policies, and authorities of the Department.
``(3) Consultation.--The Secretary shall conduct each
quadrennial homeland security review under this subsection in
consultation with--
``(A) the heads of other Federal agencies, including the
Attorney General, the Secretary of State, the Secretary of
Defense, the Secretary of Health and Human Services, the
Secretary of the Treasury, the Secretary of Agriculture, and
the Director of National Intelligence;
``(B) key officials of the Department; and
``(C) other relevant governmental and nongovernmental
entities, including State, local, and tribal government
officials, members of Congress, private sector representatives,
academics, and other policy experts.
``(4) Relationship with future years homeland security
program.--The Secretary shall ensure that each review conducted
under this section is coordinated with the Future Years Homeland
Security Program required under section 874.
``(b) Contents of Review.--In each quadrennial homeland security
review, the Secretary shall--
``(1) delineate and update, as appropriate, the national
homeland security strategy, consistent with appropriate national
and Department strategies, strategic plans, and Homeland Security
Presidential Directives, including the National Strategy for
Homeland Security, the National Response Plan, and the Department
Security Strategic Plan;
``(2) outline and prioritize the full range of the critical
homeland security mission areas of the Nation;
``(3) describe the interagency cooperation, preparedness of
Federal response assets, infrastructure, budget plan, and other
elements of the homeland security program and policies of the
Nation associated with the national homeland security strategy,
required to execute successfully the full range of missions called
for in the national homeland security strategy described in
paragraph (1) and the homeland security mission areas outlined
under paragraph (2);
``(4) identify the budget plan required to provide sufficient
resources to successfully execute the full range of missions called
for in the national homeland security strategy described in
paragraph (1) and the homeland security mission areas outlined
under paragraph (2);
``(5) include an assessment of the organizational alignment of
the Department with the national homeland security strategy
referred to in paragraph (1) and the homeland security mission
areas outlined under paragraph (2); and
``(6) review and assess the effectiveness of the mechanisms of
the Department for executing the process of turning the
requirements developed in the quadrennial homeland security review
into an acquisition strategy and expenditure plan within the
Department.
``(c) Reporting.--
``(1) In general.--Not later than December 31 of the year in
which a quadrennial homeland security review is conducted, the
Secretary shall submit to Congress a report regarding that
quadrennial homeland security review.
``(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
``(A) the results of the quadrennial homeland security
review;
``(B) a description of the threats to the assumed or
defined national homeland security interests of the Nation that
were examined for the purposes of that review;
``(C) the national homeland security strategy, including a
prioritized list of the critical homeland security missions of
the Nation;
``(D) a description of the interagency cooperation,
preparedness of Federal response assets, infrastructure, budget
plan, and other elements of the homeland security program and
policies of the Nation associated with the national homeland
security strategy, required to execute successfully the full
range of missions called for in the applicable national
homeland security strategy referred to in subsection (b)(1) and
the homeland security mission areas outlined under subsection
(b)(2);
``(E) an assessment of the organizational alignment of the
Department with the applicable national homeland security
strategy referred to in subsection (b)(1) and the homeland
security mission areas outlined under subsection (b)(2),
including the Department's organizational structure, management
systems, budget and accounting systems, human resources
systems, procurement systems, and physical and technical
infrastructure;
``(F) a discussion of the status of cooperation among
Federal agencies in the effort to promote national homeland
security;
``(G) a discussion of the status of cooperation between the
Federal Government and State, local, and tribal governments in
preventing terrorist attacks and preparing for emergency
response to threats to national homeland security;
``(H) an explanation of any underlying assumptions used in
conducting the review; and
``(I) any other matter the Secretary considers appropriate.
``(3) Public availability.--The Secretary shall, consistent
with the protection of national security and other sensitive
matters, make each report submitted under paragraph (1) publicly
available on the Internet website of the Department.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this
section.''.
(b) Preparation for Quadrennial Homeland Security Review.--
(1) In general.--During fiscal years 2007 and 2008, the
Secretary of Homeland Security shall make preparations to conduct
the first quadrennial homeland security review under section 707 of
the Homeland Security Act of 2002, as added by subsection (a), in
fiscal year 2009, including--
(A) determining the tasks to be performed;
(B) estimating the human, financial, and other resources
required to perform each task;
(C) establishing the schedule for the execution of all
project tasks;
(D) ensuring that these resources will be available as
needed; and
(E) all other preparations considered necessary by the
Secretary.
(2) Report.--Not later than 60 days after the date of enactment
of this Act, the Secretary shall submit to Congress and make
publicly available on the Internet website of the Department of
Homeland Security a detailed resource plan specifying the estimated
budget and number of staff members that will be required for
preparation of the first quadrennial homeland security review.
(c) Clerical Amendment.--The table of sections in section 1(b) of
such Act is amended by inserting after the item relating to section 706
the following new item:
``Sec. 707. Quadrennial Homeland Security Review.''.
SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION OF
RADICALIZATION LEADING TO IDEOLOGICALLY-BASED VIOLENCE.
(a) Findings.--Congress finds the following:
(1) The United States is engaged in a struggle against a
transnational terrorist movement of radical extremists that plans,
prepares for, and engages in acts of ideologically-based violence
worldwide.
(2) The threat of radicalization that leads to ideologically-
based violence transcends borders and has been identified as a
potential threat within the United States.
(3) Radicalization has been identified as a precursor to
terrorism caused by ideologically-based groups.
(4) Countering the threat of violent extremists domestically,
as well as internationally, is a critical element of the plan of
the United States for success in the fight against terrorism.
(5) United States law enforcement agencies have identified
radicalization that leads to ideologically-based violence as an
emerging threat and have in recent years identified cases of
extremists operating inside the United States, known as
``homegrown'' extremists, with the intent to provide support for,
or directly commit, terrorist attacks.
(6) Alienation of Muslim populations in the Western world has
been identified as a factor in the spread of radicalization that
could lead to ideologically-based violence.
(7) Many other factors have been identified as contributing to
the spread of radicalization and resulting acts of ideologically-
based violence. Among these is the appeal of left-wing and right-
wing hate groups, and other hate groups, including groups operating
in prisons. Other such factors must be examined and countered as
well in order to protect the homeland from violent extremists of
every kind.
(8) Radicalization leading to ideologically-based violence
cannot be prevented solely through law enforcement and intelligence
measures.
(b) Sense of Congress.--It is the sense of Congress that the
Secretary of Homeland Security, in consultation with other relevant
Federal agencies, should make a priority of countering domestic
radicalization that leads to ideologically-based violence by--
(1) using intelligence analysts and other experts to better
understand the process of radicalization from sympathizer to
activist to terrorist;
(2) recruiting employees with diverse worldviews, skills,
languages, and cultural backgrounds, and expertise;
(3) consulting with experts to ensure that the lexicon used
within public statements is precise and appropriate and does not
aid extremists by offending religious, ethnic, and minority
communities;
(4) addressing prisoner radicalization and post-sentence
reintegration, in concert with the Attorney General and State and
local corrections officials;
(5) pursuing broader avenues of dialogue with minority
communities, including the American Muslim community, to foster
mutual respect, understanding, and trust; and
(6) working directly with State, local, and community leaders
to--
(A) educate such leaders about the threat of radicalization
that leads to ideologically-based violence and the necessity of
taking preventative action at the local level; and
(B) facilitate the sharing of best practices from other
countries and communities to encourage outreach to minority
communities, including the American Muslim community, and
develop partnerships among and between all religious faiths and
ethnic groups.
SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
The Committee on Commerce, Science, and Transportation of the
Senate shall receive the reports required by the following provisions
of law in the same manner and to the same extent that the reports are
to be received by the Committee on Homeland Security and Governmental
Affairs of the Senate:
(1) Section 1016(j)(1) of the Intelligence Reform and Terrorist
Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
(2) Section 511(d) of this Act.
(3) Subsection (a)(3)(D) of section 2022 of the Homeland
Security Act of 2002, as added by section 101 of this Act.
(4) Section 7215(d) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 123(d)).
(5) Section 7209(b)(1)(C) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
(6) Section 804(c) of this Act.
(7) Section 901(b) of this Act.
(8) Section 1002(a) of this Act.
(9) Title III of this Act.
SEC. 2404. DEMONSTRATION PROJECT.
(a) Demonstration Project Required.--Not later than 120 days after
the date of enactment of this Act, the Secretary of Homeland Security
shall--
(1) establish a demonstration project to conduct demonstrations
of security management systems that--
(A) shall use a management system standards approach; and
(B) may be integrated into quality, safety, environmental
and other internationally adopted management systems; and
(2) enter into one or more agreements with a private sector
entity to conduct such demonstrations of security management
systems.
(b) Security Management System Defined.--In this section, the term
`security management system' means a set of guidelines that address the
security assessment needs of critical infrastructure and key resources
that are consistent with a set of generally accepted management
standards ratified and adopted by a standards making body.
SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF HOMELAND
SECURITY.
(a) Responsibilities.--Section 701(a) of the Homeland Security Act
of 2002 (6 U.S.C. 341) is amended--
(1) by inserting ``The Under Secretary for Management shall
serve as the Chief Management Officer and principal advisor to the
Secretary on matters related to the management of the Department,
including management integration and transformation in support of
homeland security operations and programs.'' before ``The
Secretary'';
(2) by striking paragraph (7) and inserting the following:
``(7) Strategic management planning and annual performance
planning and identification and tracking of performance measures
relating to the responsibilities of the Department.''; and
(3) by striking paragraph (9), and inserting the following:
``(9) The management integration and transformation process, as
well as the transition process, to ensure an efficient and orderly
consolidation of functions and personnel in the Department and
transition, including--
``(A) the development of a management integration strategy
for the Department, and
``(B) before December 1 of any year in which a Presidential
election is held, the development of a transition and
succession plan, to be made available to the incoming Secretary
and Under Secretary for Management, to guide the transition of
management functions to a new Administration.''.
(b) Appointment and Evaluation.--Section 701 of the Homeland
Security Act of 2002 (6 U.S.C. 341), as amended by subsection (a), is
further amended by adding at the end the following:
``(c) Appointment and Evaluation.--The Under Secretary for
Management shall--
``(1) be appointed by the President, by and with the advice and
consent of the Senate, from among persons who have--
``(A) extensive executive level leadership and management
experience in the public or private sector;
``(B) strong leadership skills;
``(C) a demonstrated ability to manage large and complex
organizations; and
``(D) a proven record in achieving positive operational
results;
``(2) enter into an annual performance agreement with the
Secretary that shall set forth measurable individual and
organizational goals; and
``(3) be subject to an annual performance evaluation by the
Secretary, who shall determine as part of each such evaluation
whether the Under Secretary for Management has made satisfactory
progress toward achieving the goals set out in the performance
agreement required under paragraph (2).''.
(c) Deadline for Appointment; Incumbent.--
(1) Deadline for appointment.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Homeland
Security shall name an individual who meets the qualifications of
section 701 of the Homeland Security Act (6 U.S.C. 341), as amended
by subsections (a) and (b), to serve as the Under Secretary of
Homeland Security for Management. The Secretary may submit the name
of the individual who serves in the position of Under Secretary of
Homeland Security for Management on the date of enactment of this
Act together with a statement that informs the Congress that the
individual meets the qualifications of such section as so amended.
(2) Incumbent.--The incumbent serving as Under Secretary of
Homeland Security for Management on November 4, 2008, is authorized
to continue serving in that position until a successor is
confirmed, to ensure continuity in the management functions of the
Department.
(d) Sense of Congress With Respect to Service of Incumbents.--It is
the sense of the Congress that the person serving as Under Secretary of
Homeland Security for Management on the date on which a Presidential
election is held should be encouraged by the newly-elected President to
remain in office in a new Administration until such time as a successor
is confirmed by Congress.
(e) Executive Schedule.--Section 5313 of title 5, United States
Code, is amended by inserting after the item relating to the Deputy
Secretary of Homeland Security the following:
``Under Secretary of Homeland Security for Management.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.