[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5814 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5814

 To authorize appropriations for the Department of Homeland Security, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 17, 2006

  Mr. King of New York (for himself, Mr. Thompson of Mississippi, Mr. 
 Rogers of Alabama, and Mr. Meek of Florida) introduced the following 
     bill; which was referred to the Committee on Homeland Security

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for the Department of Homeland Security, 
                        and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Department of 
Homeland Security Authorization Act for Fiscal Year 2007''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Department of Homeland Security.
       TITLE II--IMPROVING MANAGEMENT, INTEGRATION, AND OVERSIGHT

                     Subtitle A--Management Reform

Sec. 201. Abolishment of Under Secretary for Management.
Sec. 202. Providing direct line authority for chief operating officers.
Sec. 203. Emergency planning and response for individuals with 
                            disabilities.
Sec. 204. Government Accountability Office study on accessibility of 
                            emergency shelters.
Sec. 205. Homeland Security Education Program.
        Subtitle B--Integration and Organizational Improvements

Sec. 221. Establishment of Directorate for Policy, Planning, and 
                            International Affairs.
Sec. 222. Consolidation of the efforts of the Center for Domestic 
                            Preparedness and the Noble Training Center.
Sec. 223. Government Accountability Office study of integration and 
                            adequacy of training programs related to 
                            asylum at ports of entry.
                  Subtitle C--Strengthening Oversight

Sec. 231. Congressional notification requirement.
Sec. 232. Authorization Liaison Officer.
Sec. 233. Required budget line item for Office of Counternarcotics 
                            Enforcement.
Sec. 234. Secure border initiative financial accountability.
                     TITLE III--PROCUREMENT REFORM

Sec. 301. Homeland security procurement training.
Sec. 302. Additional requirements to review past performance of 
                            contractors.
Sec. 303. Streamlining of SAFETY Act and procurement processes.
                    TITLE IV--PERSONNEL AUTHORITIES

                   Subtitle A--Workforce Enhancements

Sec. 401. Cost-effective training for border patrol agents.
Sec. 402. Continuation of Federal law enforcement training center 
                            authority to appoint and maintain a cadre 
                            of Federal annuitants to support training.
Sec. 403. Canine detection team coordination and certification.
Sec. 404. Authority for Customs and Border Protection to appoint and 
                            maintain a cadre of Federal annuitants.
Sec. 405. Strengthening border patrol recruitment and retention.
            Subtitle B--Improving Security Clearance Process

Sec. 411. Increased security screening of Homeland Security Officials.
Sec. 412. Authorities of Chief Security Officer.
             TITLE V--INTELLIGENCE AND INFORMATION SHARING

Sec. 501. Departmental reorganization.
Sec. 502. Intelligence components of Department of Homeland Security.
Sec. 503. Homeland Security Advisory System.
Sec. 504. Homeland security information sharing.
Sec. 505. State, Local, Tribal, and Regional Information Fusion Center 
                            Initiative.
Sec. 506. Homeland Security Information Sharing Fellows Program.
Sec. 507. Full and efficient use of open source intelligence.
Sec. 508. Strengthening the capabilities of the Human Smuggling and 
                            Trafficking Center.
        TITLE VI--PREVENTION OF NUCLEAR AND BIOLOGICAL TERRORISM

Sec. 601. Establishment of Office of Domestic Nuclear Detection.
Sec. 602. Chief Medical Officer.
Sec. 603. National Biosurveillance Integration System.
Sec. 604. Material threats.
Sec. 605. Study on national biodefense training.
Sec. 606. Homeland Security Science and Technology Advisory Committee.
      TITLE VII--HOMELAND SECURITY INFRASTRUCTURE PROTECTION AND 
                       CYBERSECURITY ENHANCEMENT

Sec. 701. Infrastructure Protection and Cybersecurity.
Sec. 702. Cybersecurity Training Program and Equipment.
                   TITLE VIII--GRANTS ADMINISTRATION

Sec. 801. Faster and smarter funding for first responders.
Sec. 802. Authorization of appropriations.
                   TITLE IX--TRANSPORTATION SECURITY

          Subtitle A--Rail and Public Transportation Security

Sec. 901. Transportation security.
Sec. 902. Rulemaking requirements.
Sec. 903. Rail and public transportation security training program.
Sec. 904. Interagency cooperation.
Sec. 905. Rail and public transportation security grant program.
Sec. 906. Rail and public transportation security exercise program.
Sec. 907. Authorization of Appropriations.
      Subtitle B--Transportation Security Operations Enhancements

Sec. 911. Aviation security funding.
Sec. 912. Research and development of transportation security 
                            technology.
Sec. 913. Enforcement authority in nonaviation transportation.
Sec. 914. Liability for security screening inspections.
Sec. 915. Temporary private screener assistance.
Sec. 916. Recurrent training to operate certain aircraft.
Sec. 917. Annual report on unclaimed money recovered.
                    Subtitle C--Passenger Screening

Sec. 921. Passenger identification documents.
Sec. 922. International passenger prescreening.
Sec. 923. International cooperative efforts.
Sec. 924. Computer assisted passenger prescreening system.
Sec. 925. Federal flight deck officers.
                    Subtitle D--Technical Amendments

Sec. 931. Reporting requirements repealed.
Sec. 932. Consolidation of reports.
Sec. 933. Aircraft charter customer and lessee prescreening.
                   TITLE X--MISCELLANEOUS PROVISIONS

Sec. 1001. Protection of Department of Homeland Security name, 
                            initials, insignia, and seal.
Sec. 1002. Authorized use of surplus military vehicles.
Sec. 1003. Encouraging use of computerized training aids.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. DEPARTMENT OF HOMELAND SECURITY.

    There is authorized to be appropriated to the Secretary of Homeland 
Security for the necessary expenses of the Department of Homeland 
Security for fiscal year 2007, $34,698,270,000.

       TITLE II--IMPROVING MANAGEMENT, INTEGRATION, AND OVERSIGHT

                     Subtitle A--Management Reform

SEC. 201. ABOLISHMENT OF UNDER SECRETARY FOR MANAGEMENT.

    (a) Abolishment.--Section 701 and section 702 of the Homeland 
Security Act of 2002 (6 U.S.C. 341) is amended by striking ``Under 
Secretary for Management'' wherever it appears and inserting ``Deputy 
Secretary'' .
    (b) Conforming Amendment.--Section 103(a) of the Homeland Security 
Act of 2002 (6 U.S.C. 113(a)) is amended by striking paragraph (7) and 
redesignating paragraphs (8) through (10) as paragraphs (7) through (9) 
respectively.

SEC. 202. PROVIDING DIRECT LINE AUTHORITY FOR CHIEF OPERATING OFFICERS.

    (a) In General.--The Department's Chief Operating Officers shall 
include the following:
            (1) the Chief Financial Officer;
            (2) the Chief Procurement Officer;
            (3) the Chief Information Officer;
            (4) the Chief Human Resources Officer;
            (5) the Chief Administrative Officer; and
            (6) the Chief Security Officer.
    (b) Delegation.--The Secretary shall delegate to the Chief 
Operating Officers direct authority over their respective counterparts 
in component agencies to ensure that the component agencies adhere to 
the laws, rules, regulations, and departmental policies for which the 
Chief Operating Officers are responsible for implementing. In 
coordination with the head of the relevant component agency, such 
authorities shall include, with respect to the Officer's counterparts 
within component agencies of the Department, the following:
            (1) the ability to direct the activities of personnel;
            (2) the ability to direct planning, operations, and 
        training; and
            (3) the ability to direct the budget and other financial 
        resources.
    (c) Coordination With Heads of Component Agencies.--The Chief 
Operating Officers in component agencies shall coordinate with the 
heads of their respective agencies while fulfilling their 
responsibilities under subsection (b) to report directly to the Chief 
Operating Officers referred to in subsection (a).

SEC. 203. EMERGENCY PLANNING AND RESPONSE FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) Officer for Civil Rights and Civil Liberties as Coordinator for 
the Secretary.--Section 705(a) of the Homeland Security Act of 2002 (6 
U.S.C. 345(a)) is amended by striking ``and'' after the semicolon at 
the end of paragraph (5), by striking the period at the end of 
paragraph (6) and inserting ``; and'', and by adding at the end the 
following:
            ``(7) serve as the Secretary's coordinator for issues 
        relating to individuals with disabilities and mitigation, 
        preparedness, response, and recovery, by assisting the 
        Secretary and directorates and offices of the Department to 
        develop, implement, and periodically review relevant policies 
        and procedures.''.
    (b) Coordinator for Director of FEMA.--Section 507 of the Homeland 
Security Act of 2002 (6 U.S.C. 317) is amended by adding at the end the 
following:
    ``(c) Coordinator for Issues Relating to Individuals With 
Disabilities.--The Director of the Federal Emergency Management Agency 
shall appoint an individual to serve as the Director's coordinator for 
issues relating to individuals with disabilities. Such individual shall 
report to the Director and to the Officer for Civil Rights and Civil 
Liberties.''.
    (c) Coordinator for Under Secretary for Preparedness.--Section 502 
of the Homeland Security Act of 2002 (6 U.S.C. 312) is amended by 
inserting ``(a) In General.--'' before ``The Secretary'', and by adding 
at the end the following:
    ``(b) Coordinator for Issues Relating to Individuals With 
Disabilities.--The Under Secretary for Preparedness shall appoint a 
coordinator for issues relating to individuals with disabilities. Such 
individual shall report to the Under Secretary and to the Officer for 
Civil Rights and Civil Liberties.''.

SEC. 204. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ACCESSIBILITY OF 
              EMERGENCY SHELTERS.

    (a) In General.--The Comptroller General of the United States shall 
conduct a national study regarding whether, and, if so, to what extent, 
emergency shelters for use in response to a major disaster, as that 
term is defined in section 102(2) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5122(2)), are accessible 
to, and usable by, individuals with disabilities.
    (b) Report.--Not later than 12 months after the date of enactment 
of this Act, the Comptroller General shall submit to Congress a report 
summarizing the results of the study under subsection (a).

SEC. 205. HOMELAND SECURITY EDUCATION PROGRAM.

    (a) Establishment.--The Secretary, acting through the Department 
official with primary responsibility for grants and training, shall 
establish a graduate-level Homeland Security Education Program in the 
National Capital Region to provide educational opportunities to senior 
Federal officials and selected State and local officials with homeland 
security and emergency management responsibilities.
    (b) Leveraging of Existing Resources.--To maximize efficiency and 
effectiveness in carrying out the Program, the Secretary shall use 
existing Department-reviewed Master's Degree curricula in homeland 
security, including curricula pending accreditation, together with 
associated learning materials, quality assessment tools, digital 
libraries, exercise systems and other curriculum components already 
being delivered by Federal, State, and private universities and 
educational facilities, including the National Domestic Preparedness 
Consortium, the National Fire Academy, and the Emergency Management 
Institute.
    (c) Student Enrollment.--
            (1) Sources.--The student body of the Program shall include 
        officials from Federal, State, tribal, and local governments, 
        and from other sources designated by the Secretary.
            (2) Enrollment priorities and selection criteria.--The 
        Secretary shall establish policies governing student enrollment 
        priorities and selection criteria that are consistent with the 
        mission of the Program.
            (3) Diversity.--The Secretary shall take reasonable steps 
        to ensure that the student body represents racial, gender, and 
        ethnic diversity.
    (d) Service Commitment.--
            (1) In general.--Before any employee selected for the 
        Program may be assigned to such education, the employee shall 
        agree in writing to--
                    (A) continue in the service of the agency 
                sponsoring the employee during the two-year period 
                beginning on the date on which the employee completes 
                the program, unless the employee is involuntarily 
                separated from the service of that agency for reasons 
                other than reduction in force; and
                    (B) pay to the Government the amount of the 
                additional expenses incurred by the Government in 
                connection with the employee's education if the 
                employee is voluntarily separated from the service to 
                the agency before the end of the period described in 
                subparagraph (A).
            (2) Payment of expenses.--
                    (A) Exemption.--An employee who leaves the service 
                of the sponsoring agency to enter into the service of 
                another agency in any branch of the Government shall 
                not be required to make a payment under paragraph 
                (1)(B), unless the head of the agency that sponsored 
                the education of the employee notifies the employee 
                before the date on which the employee enters the 
                service of the other agency that payment is required 
                under that paragraph.
                    (B) Amount of payment.--If an employee is required 
                to make a payment under paragraph (1)(B), the agency 
                that sponsored the education of the employee shall 
                determine the amount of the payment, except that such 
                amount may not exceed the pro rata share of the 
                expenses incurred for the time remaining in the two-
                year period.
            (3) Recovery of payment.--If an employee who is required to 
        make a payment under this subsection does not make the payment, 
        a sum equal to the amount of the expenses incurred by the 
        Government for the education of that employee is recoverable by 
        the Government from the employee or his estate by--
                    (A) setoff against accrued pay, compensation, 
                amount of retirement credit, or other amount due to the 
                employee from the Government; or
                    (B) such other method as is provided by law for the 
                recovery of amounts owing to the Government.

        Subtitle B--Integration and Organizational Improvements

SEC. 221. ESTABLISHMENT OF DIRECTORATE FOR POLICY, PLANNING, AND 
              INTERNATIONAL AFFAIRS.

    (a) Establishment.--The Homeland Security Act of 2002 (6 U.S.C. 101 
et seq.) is amended)--
            (1) by redesignating title VI as subtitle B of title XVIII, 
        and moving such title so as to appear after subtitle A of title 
        XVIII, as added by section 403;
            (2) by striking the heading for such title and inserting 
        the following:

        ``Subtitle B--Treatment of Certain Charitable Trusts''.

            (3) by redesignating section 601 as section 1811; and
            (4) by inserting after title V the following new title:

        ``TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS

``SEC. 601. DIRECTORATE FOR POLICY, PLANNING, AND INTERNATIONAL 
              AFFAIRS.

    ``(a) Establishment.--There is in the Department a Directorate for 
Policy, Planning, and International Affairs.
    ``(b) Under Secretary for Policy.--
            ``(1) In general.--The head of the Directorate is the Under 
        Secretary for Policy, who shall be appointed by the President.
            ``(2) Qualifications.--No individual shall be appointed 
        Under Secretary for Policy under paragraph (1) unless the 
        individual has, by education and experience, demonstrated 
        knowledge, ability, and skill in the fields of policy and 
        strategic planning.
    ``(c) Responsibilities of Under Secretary.--
            ``(1) Policy responsibilities.--Subject to the direction 
        and control of the Secretary, the policy responsibilities of 
        the Under Secretary for Policy shall be as follows:
                    ``(A) To serve as the principal policy advisor to 
                the Secretary.
                    ``(B) To provide overall direction and supervision 
                of policy development for the programs, offices, and 
                activities of the Department.
                    ``(C) To establish and implement a formal 
                policymaking process for the Department.
                    ``(D) To analyze, evaluate, and review the 
                completed, ongoing, and proposed programs of the 
                Department to ensure they are compatible with the 
                statutory and regulatory responsibilities of the 
                Department and with the Secretary's priorities, 
                strategic plans, and policies.
                    ``(E) To ensure that the budget of the Department 
                (including the development of future year budgets and 
                interaction with the Office of Management and Budget 
                and with Congress) is compatible with the statutory and 
                regulatory responsibilities of the Department and with 
                the Secretary's priorities, strategic plans, and 
                policies.
                    ``(F) To represent the Department in any 
                development of policy that requires the Department to 
                consult with another Federal agency, the Office of the 
                President, a foreign government, or any other 
                governmental or private sector entity.
                    ``(G) To supervise and oversee policy development 
                undertaken by the component agencies and offices of the 
                Department.
                    ``(H) To provide for the coordination and 
                maintenance of the trade and customs revenue functions 
                of the Department.
            ``(2) Strategic planning responsibilities.--Subject to the 
        direction and control of the Secretary, the strategic planning 
        responsibilities of the Under Secretary for Policy shall be as 
        follows:
                    ``(A) To conduct long-range, strategic planning for 
                the Department.
                    ``(B) To prepare national and Department 
                strategies, as appropriate.
                    ``(C) To conduct net assessments of issues facing 
                the Department.
            ``(3) International responsibilities.--Subject to the 
        direction and control of the Secretary, the international 
        responsibilities of the Under Secretary for Policy shall be as 
        follows:
                    ``(A) To promote the exchange of information and 
                the sharing of best practices and technology relating 
                to homeland security with nations friendly to the 
                United States, including--
                            ``(i) the exchange of information on 
                        research and development on homeland security 
                        technologies in coordination with the Under 
                        Secretary for Science and Technology;
                            ``(ii) joint training exercises of first 
                        responders in coordination with the Department 
                        official with primary responsibility for grants 
                        and training; and
                            ``(iii) exchanging expertise and 
                        information on terrorism prevention, response, 
                        and crisis management in coordination with the 
                        Director of the Federal Emergency Management 
                        Agency.
                    ``(B) To identify any homeland security-related 
                area in which the United States and other nations and 
                appropriate international organizations could 
                collaborate to improve capabilities and to encourage 
                the exchange of information or sharing of best 
                practices and technology relating to that area.
                    ``(C) To plan and participate in international 
                conferences, exchange programs (including the exchange 
                of scientists, engineers, and other experts), and other 
                training activities with friendly nations in 
                coordination with the Under Secretary for Science and 
                Technology.
                    ``(D) To manage international activities within the 
                Department in coordination with other Federal officials 
                with responsibility for counterterrorism matters.
                    ``(E) To oversee the activities of Department 
                personnel operating in other countries or traveling to 
                other countries.
                    ``(F) To represent the Department in international 
                negotiations and working groups.
            ``(4) Private sector.--
                    ``(A) To create and foster strategic communications 
                with the private sector to enhance the primary mission 
                of the Department to protect the United States.
                    ``(B) To advise the Secretary on the impact on the 
                private sector of the policies, regulations, processes, 
                and actions of the Department.
                    ``(C) To create and manage private sector advisory 
                councils composed of representatives of industries and 
                associations designated by the Secretary--
                            ``(i) to advise the Secretary on private 
                        sector products, applications, and solutions as 
                        they relate to homeland security challenges; 
                        and
                            ``(ii) to advise the Secretary on homeland 
                        security policies, regulations, processes, and 
                        actions that affect the participating 
                        industries and associations.
                    ``(D) To promote existing public-private 
                partnerships and develop new public-private 
                partnerships to provide for collaboration and mutual 
                support to address homeland security challenges.
                    ``(E) To identify private sector resources and 
                capabilities that could be effective in supplementing 
                functions of the Department and State and local 
                governments to prevent or respond to acts of terrorism.
                    ``(F) To coordinate among the Department's 
                operating entities and with the Assistant Secretary for 
                Trade Development of the Department of Commerce on 
                issues related to the travel and tourism industries.
            ``(5) Trade and customs revenue functions.--The Under 
        Secretary for Policy shall--
                    ``(A) ensure that the trade and customs revenue 
                functions of the Department are coordinated within the 
                Department and with other Federal departments and 
                agencies, and that the impact on legitimate trade is 
                taken into account in any action impacting these 
                functions; and
                    ``(B) monitor and report to Congress on the 
                Department's mandate to ensure that the trade and 
                customs revenue functions of the Department are not 
                diminished, including how spending, operations, and 
                personnel related to these functions have kept pace 
                with the level of trade entering the United States.

``SEC. 602. OFFICE OF INTERNATIONAL AFFAIRS.

    ``(a) Establishment.--There is established within the Directorate 
of Policy, Planning, and International Affairs an Office of 
International Affairs. The Office shall be headed by an Assistant 
Secretary, who shall be appointed by the Secretary.
    ``(b) Duties of the Assistant Secretary.--The Assistant Secretary 
for International Affairs, in coordination with the Under Secretary for 
Science and Technology, the Director of the Federal Emergency 
Management Agency, the Department official with primary responsibility 
for grants and training, and other officials of the Department, as 
appropriate, shall have the following duties:
            ``(1) To promote information and education exchange with 
        nations friendly to the United States in order to promote 
        sharing of best practices and technologies relating to homeland 
        security. Such exchange shall include the following:
                    ``(A) Exchange of information on research and 
                development on homeland security technologies.
                    ``(B) Joint training exercises of first responders.
                    ``(C) Exchange of expertise on terrorism 
                prevention, response, and crisis management.
            ``(2) To identify areas for homeland security information 
        and training exchange where the United States has a 
        demonstrated weakness and another friendly nation or nations 
        have a demonstrated expertise.
            ``(3) To plan and undertake international conferences, 
        exchange programs, and training activities.
            ``(4) To manage international activities within the 
        Department in coordination with other Federal officials with 
        responsibility for counter-terrorism matters.

``SEC. 603. OTHER OFFICES AND OFFICIALS.

    ``(a) In General.--The Under Secretary for Policy shall establish 
the following offices in the Directorate for Policy, Planning, and 
International Affairs:
            ``(1) The Office of Policy, which shall be administered by 
        an Assistant Secretary for Policy.
            ``(2) The Office of Strategic Plans, which shall be 
        administered by an Assistant Secretary for Strategic Plans and 
        which shall include--
                    ``(A) a Secure Border Initiative Program Office; 
                and
                    ``(B) a Screening Coordination and Operations 
                Office.
            ``(3) The Office of the Private Sector, which shall be 
        administered by an Assistant Secretary for the Private Sector.
            ``(4) The Victim Assistance Officer.
            ``(5) The Tribal Security Officer.
            ``(6) Such other offices as considered necessary by the 
        Under Secretary for Policy.
    ``(b) Director of Cargo Security Policy.--
            ``(1) In general.--There shall be in the Directorate for 
        Policy, Planning, and International Affairs a Director of Cargo 
        Security Policy (hereinafter in this subsection referred to as 
        the `Director'), who shall be subject to the direction and 
        control of the Under Secretary for Policy.
            ``(2) Responsibilities.--The Director shall--
                    ``(A) advise the Assistant Secretary for Policy 
                regarding all aspects of Department programs relating 
                to cargo security;
                    ``(B) develop Department-wide policies regarding 
                cargo security; and
                    ``(C) coordinate the cargo security policies and 
                programs of the Department with other Federal 
                departments and agencies, including by working with 
                officials of the Department of Energy and the 
                Department of State, as appropriate, in negotiating 
                international agreements relating to cargo security.
    ``(c) Director of Trade Policy.--
            ``(1) In general.--There shall be in the Directorate for 
        Policy, Planning, and International Affairs a Director of Trade 
        Policy (hereinafter in this subsection referred to as the 
        `Director'), who shall be subject to the direction and control 
        of the Under Secretary for Policy.
            ``(2) Responsibilities.--The Director shall--
                    ``(A) advise the Assistant Secretary for Policy 
                regarding all aspects of Department programs relating 
                to the trade and customs revenue functions of the 
                Department;
                    ``(B) develop Department-wide policies regarding 
                trade and customs revenue functions and trade 
                facilitation; and
                    ``(C) coordinate the trade and customs revenue-
                related programs of the Department with other Federal 
                departments and agencies.

``SEC. 604. CONSULTATION ON TRADE AND CUSTOMS REVENUE FUNCTIONS.

    ``(a) In General.--The Secretary and the Under Secretary for Policy 
shall consult with representatives of the business community involved 
in international trade, including seeking the advice and 
recommendations of the Commercial Operations Advisory Committee (COAC), 
on Department policies and actions that have a significant impact on 
international trade and customs revenue functions.
    ``(b) COAC Consultation and Notification.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall seek the advice and recommendations of COAC on any 
        proposed Department policies, initiatives, actions, or 
        organizational reforms that will have a major impact on trade 
        and customs revenue functions not later than 45 days prior to 
        the finalization of the policies, initiatives, actions, or 
        organizational reforms.
            ``(2) Exception.--If the Secretary determines that it is 
        important to the national security interest of the United 
        States to finalize any proposed Department policies, 
        initiatives, actions, or organizational reforms prior to the 
        provision of advice and recommendations described in paragraph 
        (1), the Secretary shall--
                    ``(A) seek the advice and recommendations of COAC 
                on the policies, initiatives, actions, or 
                organizational reforms not later than 30 days after the 
                date on which the policies, initiatives, actions, or 
                organizational reforms are finalized; and
                    ``(B) to the extent appropriate, modify the 
                policies, initiatives, actions, or organizational 
                reforms based upon the advice and recommendations of 
                COAC.
    ``(c) Congressional Consultation and Notification.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        shall consult with and provide any recommendations of COAC 
        received under subsection (b) to the appropriate congressional 
        committees not later than 30 days prior to the finalization of 
        any Department policies, initiatives, actions or organizational 
        reforms that will have a major impact on trade and customs 
        revenue functions.
            ``(2) Exception.--If the Secretary determines that it is 
        important to the national security interest of the United 
        States to finalize any Department policies, initiatives, 
        actions, or organizational reforms prior to the consultation 
        described in paragraph (1), the Secretary shall--
                    ``(A) consult with and provide any recommendations 
                of COAC received under subsection (b) to the 
                appropriate congressional committees not later than 30 
                days after the date on which the policies, initiative, 
                actions, or organizational reforms are finalized; and
                    ``(B) to the extent appropriate, modify the 
                policies, initiatives, actions, or organizational 
                reforms based upon the consultations with the 
                appropriate congressional committees.''.
    (b) Conforming Amendment.--Section 879 of the Homeland Security Act 
of 2002 (6 U.S.C. 459) is repealed.
    (c) Clerical Amendments.--The table of contents in section 1(b) of 
such Act is amended--
            (1) by striking the item relating to section 879;
            (2) by striking the items relating to title VI and 
        inserting the following:

        ``TITLE VI--POLICY, PLANNING, AND INTERNATIONAL AFFAIRS

``Sec. 601. Directorate for Policy, Planning, and International 
                            Affairs.
``Sec. 602. Office of International Affairs.
``Sec. 603. Other offices and officials.'';
    and
            (3) by inserting after the items relating to subtitle A of 
        title XIX, as added by section 403, the following:

          ``Subtitle B--Treatment of Certain Charitable Trusts

``Sec. 1811.Treatment of charitable trusts for members of the armed 
                            forces of the United States and other 
                            governmental organizations.''.

SEC. 222. CONSOLIDATION OF THE EFFORTS OF THE CENTER FOR DOMESTIC 
              PREPAREDNESS AND THE NOBLE TRAINING CENTER.

    (a) Transfer.--The Noble Training Center is transferred to the 
Center for Domestic Preparedness. The Center for Domestic Preparedness 
shall integrate the Noble Training Center into the program structure of 
the Center for Domestic Preparedness.
    (b) Executive Service Designation for Director of Center for 
Domestic Preparedness.--The Director of the Center for Domestic 
Preparedness of the Department of Homeland Security shall be a career 
appointee in the Senior Executive Service.
    (c) Center for Domestic Preparedness Facility Management.--The 
Director of the Center for Domestic Preparedness is authorized to 
obtain the transfer of the United States Army In-Processing Center 
(commonly referred to as the 500 Area) and portions of the former 
Noncommissioned Officer Housing Dormitories (commonly referred to as 
the 900 Area) at the former Fort McClellan, Alabama, for use by the 
Center for Domestic Preparedness.

SEC. 223. GOVERNMENT ACCOUNTABILITY OFFICE STUDY OF INTEGRATION AND 
              ADEQUACY OF TRAINING PROGRAMS RELATED TO ASYLUM AT PORTS 
              OF ENTRY.

    (a) In General.--The Comptroller General shall conduct a study of 
the integration and adequacy of training for Department of Homeland 
Security personnel who interdict, interview, and process asylum seekers 
ports of entry, including at airports, in the United States.
    (b) Contents of Study.--The study shall include--
            (1) an assessment of whether such training provides such 
        personnel with adequate and clear guidance on the standards for 
        handling asylum seekers;
            (2) an assessment of whether such personnel coordinate 
        appropriately to ensure that relevant United States laws are 
        fully enforced; and
            (3) recommendations, as appropriate, for steps that the 
        Secretary of Homeland Security should take to provide better 
        integration and adequacy of such training to such personnel in 
        order to better secure the borders of the United States while 
        ensuring that asylum seekers are properly processed and their 
        claims are fully evaluated.
    (c) Report.--Not later than 12 months after the date of the 
enactment of this Act, the Comptroller General shall submit a report 
summarizing the results of the study to the Committee on Homeland 
Security of the House of Representatives and the Committee on Homeland 
Security and Governmental Affairs of the Senate.

                  Subtitle C--Strengthening Oversight

SEC. 231. CONGRESSIONAL NOTIFICATION REQUIREMENT.

    (a) In General.--Title I of the Homeland Security Act of 2002 (6 
U.S.C. 111 et seq.) is amended by adding at the end the following:

``SEC. 104. CONGRESSIONAL NOTIFICATION.

    ``(a) In General.--The Secretary shall actively consult with the 
congressional homeland security committees, and shall keep such 
committees fully and currently informed with respect to all activities 
and responsibilities within the jurisdictions of these committees.
    ``(b) Relationship to Other Law.--Nothing in this section affects 
the requirements of section 872. The requirements of this section 
supplement, and do not replace, the requirements of that section.
    ``(c) Inspector General.--The Inspector General of the Department 
shall be responsible, independently of the responsibility of the 
Secretary under subsection (a), for keeping the congressional homeland 
security committees fully and currently informed of the Department's 
activities, including informing the congressional homeland security 
committees of major audits, investigations, or other activities of the 
Inspector General by no later than 72 hours prior to the release of, or 
at any time upon the request by such a committee for, the findings of 
major audits, investigations, or other activities. Additionally, the 
Inspector General shall provide to such a committee a written 
notification and summary of the contents of its semiannual and annual 
reports by no later than 72 hours prior to the release of such reports.
    ``(d) Classified Notification.--The Secretary may submit any 
information required by this section in classified form if the 
information is classified pursuant to applicable national security 
standards.
    ``(e) Savings Clause.--This section shall not be construed to limit 
or otherwise affect the congressional notification requirements of 
title V of the National Security Act of 1947 (50 U.S.C. 413 et seq.), 
insofar as they apply to the Department.
    ``(f) Definition.--As used in this section, the term `congressional 
homeland security committees' means the Committee on Homeland Security 
and the Committee on Appropriations of the House of Representatives and 
the Committee on Homeland Security and Governmental Affairs and the 
Committee on Appropriations of the Senate.''.
    (b) Conforming Amendment.--The table of contents in Section 1(a) of 
such Act is amended by inserting after the item relating to section 103 
the following:

``Sec. 104. Congressional notification.''.
    (c) Coast Guard Mission Review Report.--Section 888(f)(2) of the 
Homeland Security Act of 2002 (6 U.S.C. 468(f)(2)) is amended--
            (1) by redesignating subparagraphs (B) through (E) as 
        subparagraphs (C) through (F) respectively; and
            (2) by striking subparagraph (A) and inserting the 
        following:
                    ``(A) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    ``(B) the Committee on Homeland Security of the 
                House of Representatives;''.

SEC. 232. AUTHORIZATION LIAISON OFFICER.

    Section 702 of the Homeland Security Act of 2002 (6 U.S.C. 342) is 
amended by adding at the end the following:
    ``(d) Authorization Liaison Officer.--
            ``(1) In general.--The Chief Financial Officer shall 
        establish the position of Authorization Liaison Officer to 
        provide timely budget and other financial information to the 
        Committee on Homeland Security of the House of Representatives 
        and the Committee on Homeland Security and Governmental Affairs 
        of the Senate. The Authorization Liaison Officer shall report 
        directly to the Chief Financial Officer.
            ``(2) Submission of reports to congress.--The Authorization 
        Liaison Officer shall coordinate with the Appropriations 
        Liaison Officer within the Office of the Chief Financial 
        Officer to ensure, to the greatest extent possible, that all 
        reports prepared for the Committees on Appropriations of the 
        House of Representatives and the Senate are submitted 
        concurrently to the Committee on Homeland Security of the House 
        of Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.''.

SEC. 233. REQUIRED BUDGET LINE ITEM FOR OFFICE OF COUNTERNARCOTICS 
              ENFORCEMENT.

    In each fiscal year budget request for the Department of Homeland 
Security, the Secretary shall include a separate line item for each 
such fiscal year for expenditures by the Office of Counternarcotics 
Enforcement of the Department of Homeland Security.

SEC. 234. SECURE BORDER INITIATIVE FINANCIAL ACCOUNTABILITY.

    (a) In General.--The Inspector General of the Department of 
Homeland Security shall review each contract action related to the 
Department's Secure Border Initiative having a value greater than 
$20,000,000, to determine whether each such action fully complies with 
applicable cost requirements, performance objectives, program 
milestones, inclusion of small, minority, and women-owned business, and 
timelines. The Inspector General shall complete a review under this 
subsection with respect to a contract action--
            (1) not later than 60 days after the date of the initiation 
        of the action; and
            (2) upon the conclusion of the performance of the contract.
    (b) Report by Inspector General.--Upon completion of each review 
described in subsection (a), the Inspector General shall submit to the 
Secretary of Homeland Security a report containing the findings of the 
review, including findings regarding any cost overruns, significant 
delays in contract execution, lack of rigorous departmental contract 
management, insufficient departmental financial oversight, bundling 
that limits the ability of small business to compete, or other high 
risk business practices.
    (c) Report by Secretary.--Not later than 30 days after the receipt 
of each report required under subsection (b), the Secretary of Homeland 
Security shall submit to the Committee on Homeland Security of the 
House of Representatives and the Committee on Homeland Security and 
Governmental Affairs of the Senate a report on the findings of the 
report by the Inspector General and the steps the Secretary has taken, 
or plans to take, to address the problems identified in such report.
    (d) Authorization of Appropriations.--In addition to amounts that 
are otherwise authorized to be appropriated to the Office of the 
Inspector General, an additional amount equal to at least five percent 
for fiscal year 2007, at least six percent for fiscal year 2008, and at 
least seven percent for fiscal year 2009 of the overall budget of the 
Office for each such fiscal year is authorized to be appropriated to 
the Office to enable the Office to carry out this section.
    (e) Action by Inspector General.--In the event the Inspector 
General becomes aware of any improper conduct or wrongdoing in 
accordance with the contract review required under subsection (a), the 
Inspector General shall, as expeditiously as practicable, refer 
information related to such improper conduct or wrongdoing to the 
Secretary of Homeland Security or other appropriate official in the 
Department of Homeland Security for purposes of evaluating whether to 
suspend or debar the contractor.

                     TITLE III--PROCUREMENT REFORM

SEC. 301. HOMELAND SECURITY PROCUREMENT TRAINING.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 is amended by adding at the end the following new section:

``SEC. 890A. HOMELAND SECURITY PROCUREMENT TRAINING.

    ``(a) Establishment.--The Chief Procurement Officer shall provide 
homeland security procurement training to acquisition employees.
    ``(b) Responsibilities of Chief Procurement Officer.--The Chief 
Procurement Officer shall carry out the following responsibilities:
            ``(1) Establish objectives to achieve the efficient and 
        effective use of available acquisition resources by 
        coordinating the acquisition education and training programs of 
        the Department and tailoring them to support the careers of 
        acquisition employees.
            ``(2) Develop, in consultation with the Council on 
        Procurement Training established under subsection (d), the 
        curriculum of the homeland security procurement training to be 
        provided.
            ``(3) Establish, in consultation with the Council on 
        Procurement Training, training standards, requirements, and 
        courses to be required for acquisition employees.
            ``(4) Establish an appropriate centralized mechanism to 
        control the allocation of resources for conducting such 
        required courses and other training and education.
            ``(5) Select course providers and certify courses to ensure 
        that the procurement training curriculum supports a coherent 
        framework for the educational development of acquisition 
        employees, including the provision of basic, intermediate, and 
        advanced courses.
            ``(6) Publish an annual catalog that includes a list of the 
        acquisition education and training courses.
            ``(7) Develop a system of maintaining records of student 
        enrollment, and other data related to students and courses 
        conducted pursuant to this section.
    ``(c) Provision of Instruction.--The Chief Procurement Officer 
shall provide procurement training to acquisition employees of any 
office under subsection (d)(3). The appropriate member of the Council 
on Procurement Training may direct such an employee to receive 
procurement training.
    ``(d) Council on Procurement Training.--
            ``(1) Establishment.--The Secretary shall establish a 
        Council on Procurement Training to advise and make policy and 
        curriculum recommendations to the Chief Procurement Officer
            ``(2) Chair of council.--The chair of the Council on 
        Procurement Training shall be the Deputy Chief Procurement 
        Officer.
            ``(3) Members.--The members of the Council on Procurement 
        Training are the chief procurement officers of each of the 
        following:
                    ``(A) United States Customs and Border Protection.
                    ``(B) The Transportation Security Administration.
                    ``(C) The Office of Procurement Operations.
                    ``(D) The Bureau of Immigration and Customs 
                Enforcement.
                    ``(E) The Federal Emergency Management Agency.
                    ``(F) The Coast Guard.
                    ``(G) The Federal Law Enforcement Training Center.
                    ``(H) The United States Secret Service.
                    ``(I) Such other entity as the Secretary determines 
                is appropriate.
    ``(e) Acquisition Employee Defined.--For purposes of this section, 
the term `acquisition employee' means an employee serving under a 
career or career-conditional appointment in the competitive service or 
appointment of equivalent tenure in the excepted service of the Federal 
Government, at least 50 percent of whose assigned duties include 
acquisitions, procurement-related program management, or procurement-
related oversight functions.
    ``(f) Report Required.--Not later than March 1 of each year, the 
Chief Procurement Officer shall submit to the Secretary a report on the 
procurement training provided under this section, which shall include 
information about student enrollment, students who enroll but do not 
attend courses, graduates, certifications, and other relevant 
information.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to such 
subtitle the following:

``Sec. 890A. Homeland security procurement training.''.

SEC. 302. ADDITIONAL REQUIREMENTS TO REVIEW PAST PERFORMANCE OF 
              CONTRACTORS.

    (a) Consideration of Contractor Past Performance.--In awarding a 
contract to a contractor, the Secretary of Homeland Security shall 
consider the past performance of that contractor based on the review 
conducted under subsection (b).
    (b) Review Required.--Before awarding a contract to any contractor, 
including a contract to be awarded to a contractor that has previously 
provided or currently provides goods or services to the Department of 
Homeland Security, the Secretary of Homeland Security, acting through 
the appropriate contracting officer or officers of the Department, 
shall require the contractor to submit information regarding the 
contractor's past and current performance of Federal, State, and local 
government and private sector contracts.
    (c) Contact of Relevant Officials.--As part of any review of a 
contractor's past performance conducted under subsection (b), the 
Secretary, acting through an appropriate contracting officer of the 
Department, shall contact the relevant official who administered or 
oversaw any contract performed by that contractor during the five-year 
period preceding the date on which the review begins.

SEC. 303. STREAMLINING OF SAFETY ACT AND PROCUREMENT PROCESSES.

    (a) Personnel.--The Secretary of Homeland Security shall ensure 
that, in addition to any scientific evaluation completed prior to the 
designation or certification of qualified anti-terrorism technologies 
under the SAFETY Act (6 U.S.C. 441), a sufficient number of full-time 
equivalent personnel, who are properly trained and qualified to apply 
legal, economic, and risk analyses, are involved in the review and 
prioritization of anti-terrorism technologies for the purpose of 
determining whether such technologies may be designated by the 
Secretary as qualified anti-terrorism technologies under section 862(b) 
of the SAFETY Act (6 U.S.C. 441(b)) or certified by the Secretary under 
section 863(d) of such Act (6 U.S.C. 442(d)).
    (b) Coordination Within Department of Homeland Security.--The 
Secretary shall--
            (1) ensure coordination between the Department official 
        directly responsible for the implementation of the SAFETY Act, 
        the Chief Procurement Officer of the Department, the Under 
        Secretary for Science and Technology, the Under Secretary for 
        Policy, and the Department of Homeland Security General Counsel 
        to maximize the application of the litigation and risk 
        management provisions of the SAFETY Act to qualified anti-
        terrorism technologies procured by the Department; and
            (2) ensure coordination of the Department's efforts to 
        promote awareness and utilization of the litigation and risk 
        management provisions of the SAFETY Act in the procurement of 
        qualified anti-terrorism technologies at the Federal, State, 
        and local levels.
    (c) Issuance of Departmental Directive.--The Secretary of Homeland 
Security shall, in accordance with the final rule implementing the 
SAFETY Act, issue a Departmental management directive requiring 
appropriate coordination between Department procurement officials and 
the Department officials responsible for implementing the SAFETY Act in 
advance of any Department procurement involving a qualified anti-
terrorism technology.
    (d) Training.--As part of comprehensive procurement training 
authorized under section 301 of this Act, the Secretary of Homeland 
Security shall include SAFETY Act instruction for all acquisition 
employees and their representatives.
    (e) Review of Anti-Terrorism Acquisitions.--
            (1) Study.--The Secretary of Homeland Security shall 
        conduct a study of all Department of Homeland Security 
        procurements, including ongoing procurements and anticipated 
        procurements, to--
                    (A) identify such procurements that involve any 
                product, equipment, service (including support and 
                systems integration services), device, or technology 
                (including information technology) that is being 
                designed, developed, modified, or procured for the 
                specific purpose of preventing, detecting, identifying, 
                deterring, or responding to acts of terrorism or 
                limiting the harm such acts might otherwise cause; and
                    (B) assess whether any such product, equipment, 
                service (including support and systems integration 
                services), device, or technology (including information 
                technology) is appropriate for the litigation and risk 
                management protections of the SAFETY Act.
            (2) Summary and classification report.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Homeland Security shall submit to the appropriate 
        congressional committees a report containing the findings of 
        the study under paragraph (1). Such report shall provide for a 
        plan for ensuring that any product, equipment, service 
        (including support and systems integration services), device, 
        or technology (including information technology) that is 
        assessed as appropriate for litigation and risk management 
        protection under the SAFETY Act shall be promptly considered 
        for such protections.

                    TITLE IV--PERSONNEL AUTHORITIES

                   Subtitle A--Workforce Enhancements

SEC. 401. COST-EFFECTIVE TRAINING FOR BORDER PATROL AGENTS.

    (a) In General.--The Secretary of Homeland Security shall take such 
steps as may be necessary to control the costs of hiring, training, and 
deploying new Border Patrol agents, including--
            (1) permitting individuals who are in training to become 
        Border Patrol agents to waive certain course requirements of 
        such training if such individuals have earlier satisfied such 
        requirements in a similar or comparable manner as determined by 
        the Secretary; and
            (2) directing the Office of Inspector General to conduct a 
        review of the costs and feasibility of training new Border 
        Patrol agents at Federal training centers, including the 
        Federal Law Enforcement Training Center facility in Charleston, 
        South Carolina, and the HAMMER facility in Hanford, Washington, 
        and at training facilities operated by state and local law 
        enforcement academies, non-profit entities, and private 
        entities, as well as the use of all of the above to conduct 
        portions of such training.
    (b) Limitation on Per-Agent Cost of Training.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall take such steps as may be necessary to ensure 
        that the fiscal year 2007 per-agent cost of hiring, training, 
        and deploying each new Border Patrol agent does not exceed 
        $150,000.
            (2) Exception and certification.--
                    (A) In general.--If the Secretary determines that 
                the per-agent cost referred to in paragraph (1) exceeds 
                $150,000, the Secretary shall promptly submit to the 
                Committee on Homeland Security of the House of 
                Representatives and the Committee on Homeland Security 
                and Governmental Affairs of the Senate a certification 
                explaining why such per-agent cost exceeds such amount.
                    (B) Temporary suspension of training.--Until the 
                Secretary receives from the committees specified in 
                subparagraph (A) an approval with respect to such 
                increased per-agent cost, the Secretary shall suspend 
                any new hiring, training, and deploying of Border 
                Patrol agents.

SEC. 402. CONTINUATION OF FEDERAL LAW ENFORCEMENT TRAINING CENTER 
              AUTHORITY TO APPOINT AND MAINTAIN A CADRE OF FEDERAL 
              ANNUITANTS TO SUPPORT TRAINING.

    Section 1202(a) of the 2002 Supplemental Appropriations Act for 
Further Recovery From and Response To Terrorist Attacks on the United 
States (42 U.S.C. 3771 note) is amended in the first sentence--
            (1) by striking ``enactment of this Act'' and inserting 
        ``enactment of the Department of Homeland Security 
        Authorization Act for Fiscal Year 2007''; and
            (2) by striking ``250'' and inserting ``350''.

SEC. 403. CANINE DETECTION TEAM COORDINATION AND CERTIFICATION.

    (a) In General.--The Homeland Security Act of 2002 is amended by 
adding at the end the following:

                ``TITLE XVIII--MISCELLANEOUS PROVISIONS

                  ``Subtitle A--Canine Detection Teams

``SEC. 1801. COORDINATION AND ENHANCEMENT OF CANINE DETECTION TEAM 
              TRAINING.

    ``The Secretary shall--
            ``(1) fully coordinate the canine training programs of the 
        Department that support the Department's counter-terrorism, 
        counter-smuggling, transportation security, and border security 
        missions and other missions of the Department, including, with 
        respect to the research and development of new canine training 
        methods, the optimum number and type of training aids, and 
        measurements for efficiency and effectiveness;
            ``(2) ensure that the Department is maximizing its use of 
        existing training facilities and resources to train canines 
        throughout the year; and
            ``(3) coordinate the use of detection canines trained by 
        other Federal agencies, nonprofit organizations, universities, 
        and private training facilities in order to increase the number 
        of trained detection canines available to Federal, State, and 
        local law enforcement agencies.

``SEC. 1802. CANINE PROCUREMENT.

    ``The Secretary shall--
            ``(1) make it a priority to increase the number of 
        domestically bred canines used by the Department to assist in 
        its counter-terrorism mission, including the protection of 
        ports of entry and along the United States border;
            ``(2) increase the utilization of domestically bred canines 
        from universities and private and nonprofit sources in the 
        United States; and
            ``(3) consult with other Federal, State, and local 
        agencies, nonprofit organizations, universities, and private 
        entities that use detection canines, such as those 
        participating in the Scientific Working Group on Dog and 
        Orthogonal Detectors (popularly known as `SWGDOG'), as well as 
        the Office of Management and Budget, to encourage domestic 
        breeding of canines and consolidate canine procurement, where 
        possible, across the Federal Government to reduce the cost of 
        purchasing canines.

``SEC. 1803. DOMESTIC CANINE BREEDING GRANT PROGRAM.

    ``(a) Establishment of Program.--The Secretary shall establish a 
competitive grant program for domestic breeders of canines. The purpose 
of the grant program shall be to encourage the development and growth 
of canine breeds that are best suited for detection training purposes 
within the United States and to encourage the development of applied 
research into enhancement of working dog performance and health traits.
    ``(b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2007 through 2011.

``SEC. 1804. HOMELAND SECURITY CANINE DETECTION ACCREDITATION BOARD.

    ``(a) Establishment of Accreditation Board.--
            ``(1) In general.--Not later than 180 days after the date 
        on which the national voluntary consensus standards referred to 
        in subsection (b)(1) are issued, the Secretary, in consultation 
        with the Secretary of Defense, the Secretary of State, and the 
        Attorney General, shall establish a Homeland Security Canine 
        Detection Accreditation Board to develop and implement a 
        process for certifying compliance with such standards.
            ``(2) Membership.--The membership of the Accreditation 
        Board shall consist of experts in the fields of canine training 
        and explosives detection from Federal and State agencies, 
        universities, other research institutions, and the private 
        sector, such as those represented on the Executive Board of 
        SWGDOG.
    ``(b) Accreditation Process.--The Accreditation Board shall 
establish and implement a voluntary accreditation process to--
            ``(1) certify that persons conducting certification of 
        canine detection teams appropriately ensure that the canine 
        detection teams meet the national voluntary consensus standards 
        developed by SWGDOG;
            ``(2) ensure that canine detection teams do not put public 
        safety and the safety of law enforcement personnel at risk due 
        to fraud or weaknesses in the initial or maintenance training 
        curriculum; and
            ``(3) maintain and update a public list of entities 
        accredited by the Department to certify canine detection teams.
    ``(c) Compliance With Standards.--Beginning not later than the date 
that is 180 days after the date on which the standards referred to in 
subsection (b)(1) are issued, the Secretary shall require that grant 
funds administered by the Department may not be used to acquire a 
canine detection team unless--
            ``(1) the canine detection team is certified under the 
        process established under subsection (b); or
            ``(2) the Secretary determines that the applicant has shown 
        special circumstances that justify the acquisition of canines 
        that are not certified under the process established under 
        subsection (b).

``SEC. 1805. DEFINITIONS.

    ``In this subtitle:
            ``(1) Canine detection team.--The term `canine detection 
        team' means a canine and a canine handler.
            ``(2) Certifying entity.--The term `certifying entity' 
        means an entity that oversees the processes and procedures used 
        to train and test canine detection teams.
            ``(3) SWGDOG.--The term `SWGDOG' means the Scientific 
        Working Group of Dog and Orthogonal Detectors.''.
    (b) Clerical Amendment.--The table of sections in section 1(b) of 
such Act is amended by adding at the end the following:

                ``TITLE XVIII--MISCELLANEOUS PROVISIONS

                  ``Subtitle A--Canine Detection Teams

``Sec. 1801. Coordination and enhancement of canine protection team 
                            training.
``Sec. 1802. Canine procurement.
``Sec. 1803. Domestic canine breeding grant program.
``Sec. 1804. Homeland Security Canine Detection Accreditation Board.
``Sec. 1805. Definitions.''.
    (c) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Homeland Security shall report 
to the Committee on Homeland Security of the House of Representatives 
and the Committee on Homeland Security and Governmental Affairs of the 
Senate on the plan of the Secretary to coordinate and consolidate the 
canine training programs of the Department of Homeland Security in 
accordance with section 1801 of the Homeland Security Act of 2002, as 
added by subsection (b).

SEC. 404. AUTHORITY FOR CUSTOMS AND BORDER PROTECTION TO APPOINT AND 
              MAINTAIN A CADRE OF FEDERAL ANNUITANTS.

    (a) In General.--Notwithstanding any other provision of law, the 
Commissioner of United States Customs and Border Protection (CBP) may, 
for a period ending not later than five years after the date of the 
enactment of this Act, appoint and employ up to 500 Federal annuitants 
to any position in CBP that supports the acceleration of the ability of 
CBP to secure the international land and maritime borders of the United 
States--
            (1) without regard to any provision of title 5, United 
        States Code, which might otherwise require the application of 
        competitive hiring procedures; and
            (2) who shall not be subject to any reduction in pay (for 
        annuity allocable to the period of actual employment) under the 
        provisions of section 8344 or 8468 of such title or similar 
        provision of any other retirement system for employees.
    (b) Utilization.--The authority granted to the Commissioner of 
United States Customs and Border Protection under subsection (a) shall 
cease 5 years after the date of enactment of this Act, at which point, 
the employment of annuitants under this authority shall cease.
    (c) Rule of Construction.--A reemployed Federal annuitant as to 
whom a waiver of reduction under subsection (a)(2) applies shall not, 
for any period during which such waiver is in effect, be considered an 
employee for purposes of subchapter III of chapter 83 or chapter 84 of 
title 5, United States Code, or such other retirement system (referred 
to in such subsection) as may apply.
    (d) No Displacement.--No appointment under this section may be made 
if such appointment would result in the displacement of any employee.
    (e) Counting.--The counting of Federal annuitants shall be done on 
a full-time equivalent basis.
    (f) Definitions.--For purposes of this section:
            (1) Federal annuitant.--The term ``Federal annuitant'' 
        means an employee who has retired under the Civil Service 
        Retirement System, the Federal Employees' Retirement System, or 
        any other retirement system for Federal employees.
            (2) Employee.--The term ``employee'' has the meaning given 
        such term in section 2105 of title 5, United States Code.

SEC. 405. STRENGTHENING BORDER PATROL RECRUITMENT AND RETENTION.

    In order to address the recruitment and retention challenges faced 
by United States Customs and Border Protection, the Secretary of 
Homeland Security shall establish a plan, consistent with existing 
Federal statutes applicable to pay, recruitment, relocation, and 
retention of Federal law enforcement officers. Such plan shall include 
the following components:
            (1) The establishment of a recruitment incentive for Border 
        patrol agents, including the establishment of a foreign 
        language incentive award.
            (2) The establishment of a retention plan, including the 
        payment of bonuses to Border Patrol agents for every year of 
        service after the first two years of service.
            (3) An increase in the pay percentage differentials to 
        Border Patrol agents in certain high-cost areas, as determined 
        by the Secretary, consistent with entry-level pay to other 
        Federal, State, and local law enforcement agencies.
            (4) The establishment of a mechanism whereby Border Patrol 
        agents can transfer from one location to another after the 
        first two years of service in their initial duty location.

            Subtitle B--Improving Security Clearance Process

SEC. 411. INCREASED SECURITY SCREENING OF HOMELAND SECURITY OFFICIALS.

    (a) Review Required.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall conduct 
a Department-wide review of Department of Homeland Security security 
clearance and suitability review procedures for Department employees 
and contractors, as well as individuals in state and local government 
agencies and private sector entities with a need to receive classified 
information.
    (b) Strengthening of Security Screening Policies.--
            (1) In general.--Based on the findings of the review 
        conducted under subsection (a), the Secretary shall, as 
        appropriate, take all necessary steps to strengthen the 
        Department's security screening policies, including 
        consolidating the security clearance investigative authority at 
        the Departmental Headquarters.
            (2) Elements.--In strengthening security screening policies 
        under paragraph (1), the Secretary shall consider whether and 
        where appropriate ensure that--
                    (A) all components of the Department of Homeland 
                Security meet or exceed Federal and Departmental 
                standards for security clearance investigations, 
                adjudications, and suitability reviews;
                    (B) the Department has a cadre of well-trained 
                adjudicators; and that the Department has in place a 
                program to train and oversee adjudicators; and
                    (C) suitability reviews are conducted for all 
                Department of Homeland Security employees who transfer 
                from a component of the Department to Departmental 
                Headquarters.

SEC. 412. AUTHORITIES OF CHIEF SECURITY OFFICER.

    (a) Establishment.--Title VII of the Homeland Security Act of 2002 
(6 U.S.C. 341 et seq.) is amended by adding at the end the following:

``SEC. 708. CHIEF SECURITY OFFICER.

    ``(a) Establishment.--There is in the Department a Chief Security 
Officer.
    ``(b) Responsibilities.--The Chief Security Officer shall--
            ``(1) have responsibility for personnel security, facility 
        access, security awareness, and related training;
            ``(2) ensure that each component of the Department complies 
        with Federal standards for security clearances and background 
        investigations;
            ``(3) ensure, to the greatest extent practicable, that 
        individuals in state and local government agencies and private 
        sector entities with a need to receive classified information, 
        receive the appropriate clearances in a timely fashion; and
            ``(4) perform all other functions as determined by the 
        Secretary.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the items relating to title VII 
the following new item:

``Sec. 708. Chief Security Officer.''.

             TITLE V--INTELLIGENCE AND INFORMATION SHARING

SEC. 501. DEPARTMENTAL REORGANIZATION.

    (a) Redesignation of Directorate for Information Analysis and 
Infrastructure Protection as Office of Intelligence and Analysis.--
Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is 
amended--
            (1) in subsection (a)(1)--
                    (A) by striking ``a Directorate for Information 
                Analysis and Infrastructure Protection'' and inserting 
                ``an Office of Intelligence and Analysis''; and
                    (B) by striking ``an Under Secretary for 
                Information Analysis and Infrastructure Protection'' 
                and inserting ``an Under Secretary for Intelligence and 
                Analysis'';
            (2) by striking subsection (b) and redesignating 
        subsections (c) through (g) as subsections (b) through (f), 
        respectively;
            (3) in subsection (b), as so redesignated--
                    (A) by striking ``and infrastructure protection'' 
                before ``are carried out'' and inserting ``and 
                intelligence''; and
                    (B) by striking ``the Under Secretary for 
                Information Analysis and Infrastructure Protection'' 
                and inserting ``the Under Secretary for Intelligence 
                and Analysis'';
            (4) in subsection (c), as so redesignated--
                    (A) by striking ``the Under Secretary for 
                Information Analysis and Infrastructure Protection'' 
                and inserting ``the Under Secretary for Intelligence 
                and Analysis'';
                    (B) by striking paragraphs (2), (5), and (6), and 
                redesignating paragraphs (3) through (17) as paragraphs 
                (2) through (14), respectively;
                    (C) by redesignating paragraphs (18) and (19) as 
                paragraphs (20) and (21), respectively;
                    (D) in paragraph (2), as so redesignated, by 
                striking ``To integrate'' and inserting ``To 
                participate in the integration of'';
                    (E) in paragraph (14), as so redesignated, by 
                inserting ``the Assistant Secretary for Infrastructure 
                Protection and'' after ``coordinate with''; and
                    (F) by inserting after paragraph (14), as 
                redesignated by subparagraph (B), the following new 
                paragraphs:
            ``(15) To coordinate and enhance integration among 
        intelligence components of the Department.
            ``(16) To establish intelligence priorities, policies, 
        processes, standards, guidelines, and procedures for the 
        Department.
            ``(17) To establish a structure and process to support the 
        missions and goals of the intelligence components of the 
        Department.
            ``(18) To ensure that, whenever possible--
                    ``(A) the Under Secretary for Intelligence and 
                Analysis produces and disseminates reports and analytic 
                products based on open-source information that do not 
                require a national security classification under 
                applicable law; and
                    ``(B) such unclassified open source reports are 
                produced and disseminated contemporaneously with 
                reports or analytic products concerning the same or 
                similar information that the Under Secretary for 
                Intelligence and Analysis produces and disseminates in 
                a classified format.
            ``(19) To establish within the Office of Intelligence and 
        Analysis an Internal Continuity of Operations (COOP) Plan 
        that--
                    ``(A) assures that the capability exists to 
                continue uninterrupted operations during a wide range 
                of potential emergencies, including localized acts of 
                nature, accidents, and technological or attack-related 
                emergencies, that is maintained at a high level of 
                readiness and is capable of implementation with and 
                without warning; and
                    ``(B) includes plans and procedures governing 
                succession to office within the Office of Intelligence 
                and Analysis, including--
                            ``(i) emergency delegations of authority 
                        (where permissible, and in accordance with 
                        applicable law);
                            ``(ii) the safekeeping of vital resources, 
                        facilities, and records;
                            ``(iii) the improvisation or emergency 
                        acquisition of vital resources necessary for 
                        the performance of operations of the Office; 
                        and
                            ``(iv) the capability to relocate essential 
                        personnel and functions to and to sustain the 
                        performance of the operations of the Office at 
                        an alternate work site until normal operations 
                        can be resumed.'';
            (5) in subsections (d) and (e), as redesignated by 
        subsection (a)(2), by striking ``Directorate'' each place it 
        appears and inserting ``Office''; and
            (6) in subsection (f), as redesignated by subsection 
        (a)(2)--
                    (A) by striking ``the Under Secretary for 
                Information Analysis and Infrastructure Protection'' 
                and inserting ``the Under Secretary for Intelligence 
                and Analysis and the Assistant Secretary for 
                Infrastructure Protection''; and
                    (B) by inserting ``and section 203'' after ``under 
                this section''.
    (b) Technical and Conforming Amendments.--
            (1) Homeland security act.--The Homeland Security Act of 
        2002 (6 U.S.C. 101 et seq.) is amended--
                    (A) in section 103(2), by striking ``Information 
                Analysis and Infrastructure Protection'' and inserting 
                ``Intelligence and Analysis'';
                    (B) 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'';
                    (C) in section 224, by striking ``Under Secretary 
                for Information Analysis and Infrastructure 
                Protection'' and inserting ``Assistant Secretary for 
                Infrastructure Protection'';
                    (D) 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'';
                    (E) in subsection (d) of the second section 510--
                            (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''; and
                    (F) by redesignating the second section 510 as 
                section 511.
            (2) Headings.--
                    (A) Section 201.--The heading for section 201 of 
                such Act is amended to read as follows:

``SEC. 201. OFFICE OF INTELLIGENCE AND ANALYSIS.''.

                    (B) Section 201(a).--The heading for subsection (a) 
                of section 121 of such Act is amended to read as 
                follows:
    ``(a) Under Secretary of Homeland Security for Intelligence and 
Analysis.--''.
                    (C) Section 201(b).--The heading for subsection (b) 
                of section 121 of such Act, as redesignated by 
                subsection (a)(2), is amended to read as follows:
    ``(b) Discharge of Intelligence and Analysis.--''.
            (3) 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.''.
            (4) Intelligence reform and terrorism prevention act of 
        2004.--Section 7306(a)(1) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 
        3848) is amended by striking ``Under Secretary for Information 
        Analysis and Infrastructure Protection'' and inserting ``Under 
        Secretary for Intelligence and Analysis''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by adding after the items 
relating to section 509 the following:

``Sec. 510. Procurement of security countermeasures for strategic 
                            national stockpile.
``Sec. 511. Urban and other high risk area communications 
                            capabilities.''.

SEC. 502. INTELLIGENCE COMPONENTS OF DEPARTMENT OF HOMELAND SECURITY.

    (a) Responsibilities.--Subtitle A of title II of the Homeland 
Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by adding at the 
end the following new section:

``SEC. 203. INTELLIGENCE COMPONENTS.

    ``(a) Responsibilities.--Subject to the direction and control of 
the Secretary, the responsibilities of the head of each intelligence 
component of the Department are as follows:
            ``(1) To ensure that duties related to the acquisition, 
        analysis, and dissemination of homeland security information 
        are carried out effectively and efficiently in support of the 
        Under Secretary for Intelligence and Analysis.
            ``(2) To support and implement the goals established in 
        cooperation with 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 the recruitment, establishment of 
        core competency standards, 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 duties relating to such 
        responsibilities as the Secretary may provide.
    ``(b) Training of Employees.--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 handling, 
analysis, dissemination, and collection of homeland security 
information.''.
    (b) Intelligence Component Defined.--Section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the 
following new paragraph:
            ``(17) The term `intelligence component of the Department' 
        means any directorate, agency, or element of the Department 
        that gathers, receives, analyzes, produces, or disseminates 
        homeland security information except--
                    ``(A) a directorate, agency, or element of the 
                Department that is required to be maintained as a 
                distinct entity under this Act; or
                    ``(B) any personnel security, physical security, 
                document security, or communications security program 
                within any directorate, agency, or element of the 
                Department.''.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to such 
subtitle the following:

``Sec. 203. Intelligence components.''.

SEC. 503. HOMELAND SECURITY ADVISORY SYSTEM.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 is further amended--
            (1) in section 201(c)(4), as redesignated by section 501, 
        by inserting ``under section 204'' after ``Homeland Security 
        Advisory System''; and
            (2) by adding at the end the following:

``SEC. 204. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) Requirement.--The Under Secretary for Intelligence and 
Analysis shall implement a Homeland Security Advisory System in 
accordance with this section to provide public advisories and alerts 
regarding threats to homeland security, including national, regional, 
local, and economic sector advisories and alerts, as appropriate.
    ``(b) Required Elements.--The Under Secretary, in each advisory or 
alert issued under the System, shall--
            ``(1) include information on appropriate protective 
        measures and countermeasures that may be taken in response to 
        the threat;
            ``(2) whenever possible, limit the scope of the advisory or 
        alert to a specific region, locality, or economic sector 
        believed to be at risk; and
            ``(3) not use color designations as the exclusive means of 
        specifying the homeland security threat conditions that are the 
        subject of the advisory or alert.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to 
subtitle A of title II the following:

``Sec. 204. Homeland Security Advisory System.''.

SEC. 504. HOMELAND SECURITY INFORMATION SHARING.

    (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. 205. HOMELAND SECURITY INFORMATION SHARING.

    ``(a) Information Sharing Environment.--Consistent with section 
1016 of the National Intelligence Reform and Terrorism Prevention Act 
of 2004 (6 U.S.C. 485), the Secretary shall integrate and standardize 
the information of the intelligence components of the Department into a 
Department information sharing environment, to be administered by the 
Under Secretary for Intelligence and Analysis.
    ``(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 with 
respect to coordinating the different systems used in the Department to 
gather and disseminate homeland security information.
    ``(c) State, Local, Tribal, and Private-Sector Sources of 
Information.--
            ``(1) Establishment of business processes.--The Under 
        Secretary for Intelligence and Analysis shall establish 
        Department-wide procedures for the review and analysis of 
        information gathered from State, local, tribal, and private-
        sector sources and, as appropriate, integrate such information 
        into the information gathered by the Department and other 
        departments and agencies of the Federal Government.
            ``(2) Feedback.--The Secretary shall develop mechanisms to 
        provide analytical and operational feedback to any State, 
        local, tribal and private-sector entities that gather 
        information and provide such information to the Secretary.
    ``(d) Training and Evaluation of Employees.--
            ``(1) Training.--The Under Secretary shall provide to 
        employees of the Department opportunities for training and 
        education to develop an understanding of the definition of 
        homeland security information, how information available to 
        them as part of their duties might qualify as homeland security 
        information, and how information available to them is relevant 
        to the Office of Intelligence and Analysis.
            ``(2) Evaluations.--The Under Secretary shall, 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 and 
        participating in the Department information sharing 
        environment.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such subtitle the following:

``Sec. 205. Homeland security information sharing.''.
    (c) Establishment of Comprehensive Information Technology Network 
Architecture.--
            (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 new section:

``SEC. 206. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK ARCHITECTURE.

    ``(a) Establishment.--The Secretary, acting through the Under 
Secretary for Intelligence and Analysis, shall establish a 
comprehensive information technology network architecture for the 
Office of Intelligence and Analysis.
    ``(b) Network Model.--The comprehensive information technology 
network architecture established under subsection (a) shall, to the 
extent possible, incorporate the approaches, features, and functions of 
on the network proposed by the Markle Foundation in reports issued in 
October 2002 and December 2003, known as the System-wide Homeland 
Security Analysis and Resource Exchange (SHARE) Network.
    ``(c) 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 goals and information resources 
management goals of the Office of Intelligence and Analysis.''.
            (2) Clerical amendment.--The table of contents in section 
        1(b) of such Act is amended by adding at the end of the items 
        relating to such subtitle the following:

``Sec. 206. Comprehensive information technology network 
                            architecture.''.
            (3) Reports.--
                    (A) Report on implementation of plan.--Not later 
                than 360 days after the date of the 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 
                containing a plan to implement the comprehensive 
                information technology network architecture for the 
                Office of Intelligence and Analysis of the Department 
                of Homeland Security required under section 206 of the 
                Homeland Security Act of 2002, as added by paragraph 
                (1). Such report shall include the following:
                            (i) Priorities for the development of the 
                        comprehensive information technology network 
                        architecture and a rationale for such 
                        priorities.
                            (ii) An explanation of how the various 
                        components of the comprehensive information 
                        technology network architecture will work 
                        together and interconnect.
                            (iii) A description of the technology 
                        challenges that the Office of Intelligence and 
                        Analysis will face in implementing the 
                        comprehensive information technology network 
                        architecture.
                            (iv) A description of technology options 
                        that are available or are in development that 
                        may be incorporated into the comprehensive 
                        technology network architecture, the 
                        feasibility of incorporating such options, and 
                        the advantages and disadvantages of doing so.
                            (v) An explanation of any security 
                        protections to be developed as part of the 
                        comprehensive information technology network 
                        architecture.
                            (vi) A description of any safeguards for 
                        civil liberties and privacy to be built into 
                        the comprehensive information technology 
                        network architecture.
                            (vii) An operational best practices plan.
                    (B) Progress report.--Not later than 180 days after 
                the date on which the report is submitted under 
                subparagraph (A), 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 206 of the Homeland 
                Security Act of 2002, as added by paragraph (1).

SEC. 505. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION 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. 207. STATE, LOCAL, TRIBAL, AND REGIONAL INFORMATION FUSION 
              CENTER INITIATIVE.

    ``(a) Establishment.--The Secretary shall establish a State, Local, 
and Tribal Information Fusion Center Initiative to establish 
partnerships with State, local, tribal, and regional information fusion 
centers.
    ``(b) Duties.--Through the State, Local, Tribal, and Regional 
Information Fusion Center Initiative, the Secretary shall--
            ``(1) coordinate with the principal official of each State, 
        local, tribal, or regional information fusion center and the 
        official designated as the Homeland Security Advisor of the 
        State;
            ``(2) provide Department operational and intelligence 
        advice and assistance to State, local, tribal, and regional 
        information fusion centers;
            ``(3) support efforts to include State, local, tribal, and 
        regional information fusion centers into efforts to establish 
        an information sharing environment (as defined under section 
        1016(2) of the Intelligence Reform and Terrorism Prevention Act 
        of 2004 (Public Law 108-458; 118 Stat. 3665));
            ``(4) conduct table-top and live training exercises to 
        regularly assess the capability of individual and regional 
        networks of State, local, tribal, and regional information 
        fusion centers to integrate the efforts of such networks with 
        the efforts of the Department;
            ``(5) coordinate with other relevant Federal entities 
        engaged in homeland security-related activities;
            ``(6) provide analytic and reporting advice and assistance 
        to State, local, tribal, and regional information fusion 
        centers;
            ``(7) review homeland security information gathered by 
        State, local, tribal, and regional information fusion centers 
        and incorporate relevant information with homeland security 
        information of the Department;
            ``(8) Provide management assistance to State, local, 
        tribal, and regional information fusion centers;
            ``(9) Serve as a point of contact to ensure the 
        dissemination of relevant homeland security information.
            ``(10) facilitate close communication and coordination 
        between State, local, tribal, and regional information fusion 
        centers and the Department;
            ``(11) provide State, local, tribal, and regional 
        information fusion centers with expertise on Department 
        resources and operations;
            ``(12) provide training to State, local, tribal, and 
        regional information fusion centers and encourage such 
        information fusion centers to participate in terrorist threat-
        related exercises conducted by the Department; and
            ``(13) carry out such other duties as the Secretary 
        determines are appropriate.
    ``(c) Definition of State, Local, Tribal, or Regional Information 
Fusion Center.--For purposes of this section, the term `State, local, 
tribal, or regional information fusion center' means a local or 
regional center comprised of State, local, or tribal governmental 
entities that--
            ``(1) serves as a data analysis and dissemination center 
        for potentially relevant homeland security information;
            ``(2) is managed by a state, local, or tribal government 
        entity; or
            ``(3) is designated as a State, local, tribal, or regional 
        information fusion center by the Secretary.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such subtitle the following:

``Sec. 207. State, Local, Tribal, and Regional Information Fusion 
                            Center Initiative.''.
    (c) Reports.--
            (1) Concept of operations.--Not later than 90 days after 
        the date of the enactment of this Act and before the State, 
        Local, Tribal, and Regional Information Fusion Center 
        Initiative under section 207 of the Homeland Security Act of 
        2002, as added by subsection (a), has been implemented, 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 
        contains a concept of operations for the Initiative, which 
        shall include a privacy and civil liberties impact assessment.
            (2) Privacy and civil liberties.--
                    (A) Review of concept of operations.--Not later 
                than 180 days after the date on which the report under 
                paragraph (1) is submitted, the Privacy Officer of the 
                Department of Homeland Security and the Officer for 
                Civil Rights and Civil Liberties of the Department of 
                Homeland Security shall review the privacy and civil 
                liberties implications of the Initiative and the 
                concept of operations and report any concerns to the 
                Secretary of Homeland Security and the Under Secretary 
                of Homeland Security for Intelligence and Analysis.
                    (B) Review of privacy impact.--Under the authority 
                of section 222(5) of the Homeland Security Act of 2002 
                (6 U.S.C. 142(5)), not later than one year after the 
                date on which the State, Local, Tribal, and Regional 
                Information Fusion Center Initiative is implemented, 
                the Privacy Officer of the Department of Homeland 
                Security, in consultation with the Officer for Civil 
                Rights and Civil Liberties of the Department of 
                Homeland Security, shall submit to Congress, the 
                Secretary of Homeland Security, and the Under Secretary 
                of Homeland Security for Intelligence and Analysis a 
                report on the privacy and civil liberties impact of the 
                Initiative.

SEC. 506. 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. 208. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary for Intelligence and Analysis, shall establish a 
        fellowship program in accordance with this section for the 
        purpose of--
                    ``(A) detailing State, local, and tribal analysts 
                and law enforcement officials and officers to the 
                Department to participate in the work of the Office of 
                Intelligence and Analysis in order to become familiar 
                with--
                            ``(i) the mission and capabilities of the 
                        Office of Intelligence and Analysis; 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 analysts and 
                law enforcement agencies by stationing analysts and law 
                enforcement officers alongside Department intelligence 
                analysts in order to--
                            ``(i) serve as a point of contact in the 
                        Department to assist in the representation of 
                        State, local, and tribal homeland security 
                        information needs;
                            ``(ii) identify homeland security 
                        information of interest to State, local, and 
                        tribal analysts and law enforcement officers; 
                        and
                            ``(iii) assist Department analysts in 
                        preparing and disseminating terrorism-related 
                        products that are tailored to State, local, and 
                        tribal analysts and law enforcement agencies 
                        and designed to help thwart terrorist attacks.
            ``(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, an individual 
        must--
                    ``(A) have homeland security-related 
                responsibilities or law enforcement-related 
                responsibilities;
                    ``(B) be eligible for an appropriate national 
                security clearance;
                    ``(C) possess a valid need for access to classified 
                information, as determined by the Under Secretary for 
                Intelligence and Analysis; and
                    ``(D) be an employee of an eligible entity.
            ``(2) Eligible entities.--For purposes of this subsection, 
        the term `eligible entity' means--
                    ``(A) a State, local, tribal, or regional fusion 
                center;
                    ``(B) a State or local law enforcement or other 
                government entity that serves a major metropolitan 
                area, as determined by the Secretary;
                    ``(C) a State or local law enforcement or other 
                government entity that serves a suburban or rural area, 
                as determined by the Secretary;
                    ``(D) a State or local law enforcement or other 
                government entity with port responsibilities, as 
                determined by the Secretary;
                    ``(E) a State or local law enforcement or other 
                government entity with border responsibilities, as 
                determined by the Secretary;
                    ``(F) a State or local law enforcement or other 
                government entity with agricultural responsibilities, 
                as determined by the Secretary;
                    ``(G) a tribal law enforcement or other authority; 
                or
                    ``(H) 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 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 shall--
                    ``(A) select analysts and law enforcement officers 
                representing a broad cross-section of State, local, and 
                tribal agencies;
                    ``(B) ensure that the number of Information Sharing 
                Fellows selected does not impede the activities of the 
                Office of Intelligence and Analysis; and
                    ``(C) take reasonable steps to promote racial, 
                ethnic, and gender diversity in the Information Sharing 
                Fellows Program.
    ``(e) Length of Service.--Information Sharing Fellows shall serve 
for a reasonable period of time, as determined by the Under Secretary. 
Such period of time shall be sufficient to advance the information-
sharing goals of the Under Secretary and encourage participation by as 
many qualified nominees as possible.
    ``(f) Condition.--As a condition of selecting an individual as an 
Information Sharing Fellow under the program, the Under Secretary shall 
require that the individual's employer agree to continue to pay the 
individual's salary and benefits during the period for which the 
individual is detailed.
    ``(g) Stipend.--During the period for which an individual is 
detailed under the program, the Under Secretary shall, subject to the 
availability of appropriations provide to the individual a stipend to 
cover the individual's reasonable living expenses for that period.
    ``(h) Security Clearances.--If an individual selected for a 
fellowship under the Information Sharing Fellows Program does not 
possess the appropriate security clearance, the Under Secretary shall 
ensure that security clearance processing is expedited for such 
individual and shall ensure that each such Information Sharing Fellow 
has obtained the appropriate security clearance prior to participation 
in the Program.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is further amended by adding at the end of the items relating 
to such subtitle the following:

``Sec. 208. Homeland Security Information Sharing Fellows Program.''.
    (c) Reports.--
            (1) Concept of operations.--Not later than 90 days after 
        the date of the enactment of this Act and before the Homeland 
        Security Information Sharing Fellows Program under section 208 
        of the Homeland Security Act of 2002, as added by subsection 
        (a), has been implemented, 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 contains a concept of operations 
        for the Program, which shall include a privacy and civil 
        liberties impact assessment.
            (2) Privacy and civil liberties.--
                    (A) Review of concept of operations.--Not later 
                than 180 days after the date on which the report under 
                paragraph (1) is submitted, the Privacy Officer of the 
                Department of Homeland Security and the Officer for 
                Civil Rights and Civil Liberties of the Department of 
                Homeland Security shall review the privacy and civil 
                liberties implications of the Program and the concept 
                of operations and report any concerns to the Secretary 
                of Homeland Security and the Under Secretary of 
                Homeland Security for Intelligence and Analysis. The 
                Secretary may not implement the Program until the 
                Privacy Officer and the Officer for Civil Rights and 
                Civil Liberties have certified that any privacy or 
                civil liberties concerns have been addressed.
                    (B) Review of privacy impact.--Under the authority 
                of section 222(5) of the Homeland Security Act of 2002 
                (6 U.S.C. 142(5)), not later than one year after the 
                date on which the Homeland Security Information Sharing 
                Fellows Program is implemented, the Privacy Officer of 
                the Department of Homeland Security, in consultation 
                with the Officer for Civil Rights and Civil Liberties 
                of the Department of Homeland Security, shall submit to 
                Congress, the Secretary of Homeland Security, and the 
                Under Secretary of Homeland Security for Intelligence 
                and Analysis a report on the privacy and civil 
                liberties impact of the Program.

SEC. 507. FULL AND EFFICIENT USE OF OPEN SOURCE INTELLIGENCE.

    (a) Requirement.--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. 209. FULL AND EFFICIENT USE OF OPEN-SOURCE INTELLIGENCE.

    ``(a) Use by Under Secretary.--The Secretary shall ensure that, in 
meeting the analytic responsibilities under section 201(d) and in 
formulating requirements for additional information, the Under 
Secretary for Intelligence and Analysis makes full and efficient use of 
open-source information by acquiring, gathering, processing, and 
analyzing open-source information to produce open-source intelligence 
products.
    ``(b) Analysis Performance.--The Secretary shall ensure that the 
Department makes full and efficient use of open-source information to 
analyze United States critical infrastructure nodes from the 
perspective of terrorists using publicly available information. The 
Secretary shall share the results of the analysis with appropriate 
Federal, State, local, tribal, and private-sector officials.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to such 
subtitle the following the following:

``Sec. 209. Full and efficient use of open source intelligence.''.

SEC. 508. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND 
              TRAFFICKING CENTER.

    (a) In General.--The Secretary, acting through the Assistant 
Secretary of Homeland Security for United States Immigration and 
Customs Enforcement, shall provide to the Human Smuggling and 
Trafficking Center (in this section referred to as 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 mission.
    (b) Staffing of the Center.--
            (1) In general.--Funding provided under subsection (a) 
        shall be used for the hiring of for not fewer than 30 full-time 
        equivalent staff for the Center, to include the following:
                    (A) One Director.
                    (B) One Deputy Director for Smuggling.
                    (C) One Deputy Director for Trafficking.
                    (D) One Deputy Director for Terrorist Travel.
                    (E) Not fewer than 15 intelligence analysts or 
                Special Agents, to include the following:
                            (i) Not fewer than ten such analysts or 
                        Agents shall be intelligence analysts or law 
                        enforcement agents who shall be detailed from 
                        entities within the Department of Homeland 
                        Security with human smuggling and trafficking 
                        related responsibilities, as determined by the 
                        Secretary.
                            (ii) Not fewer than one full time 
                        professional staff detailee from each of the 
                        United States Coast Guard, United States 
                        Immigration and Customs Enforcement, United 
                        States Customs and Border Protection, 
                        Transportation Security Administration, and the 
                        Office of Intelligence and Analysis.
            (2) Requirements.--Intelligence analysts or Special Agents 
        detailed to the Center under paragraph (1)(E) shall have at 
        least three years experience related to human smuggling or 
        human trafficking.
            (3) Duration of assignment.--An intelligence analyst or 
        Special Agent detailed to the Center under paragraph (1)(E) 
        shall be detailed for a period of not less than two years.
    (c) Funding Reimbursement.--In operating the Center, the Secretary 
of Homeland Security shall act in accordance with all applicable 
requirements of the Economy Act (31 U.S.C. 1535), and shall seek 
reimbursement from the Attorney General and the Secretary of State, in 
such amount or proportion as is appropriate, for costs associated with 
the participation of the Department of Justice and the Department of 
State in the operation of the Center.
    (d) Development of Plan.--The Secretary of Homeland Security shall 
develop a plan for the Center that--
            (1) defines the roles and responsibilities of each 
        Department participating in the Center;
            (2) describes how the Department of Homeland Security shall 
        utilize its resources to ensure that the Center uses 
        intelligence to focus and drive its efforts;
            (3) describes the mechanism for the sharing of information 
        from United States Immigration and Customs Enforcement and 
        United States Customs and Border Protection field offices to 
        the Center;
            (4) describes the mechanism 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) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (Public Law 108-458);
            (5) establishes reciprocal security clearance status to 
        other participating agencies in the Center in order to ensure 
        full access to necessary databases;
            (6) establishes or consolidates networked systems for the 
        Center; and
            (7) ensures that the assignment of personnel to the Center 
        from agencies of the Department of Homeland Security is 
        incorporated into the civil service career path of such 
        personnel.
    (e) Memorandum of Understanding.--The Secretary of Homeland 
Security shall execute with the Attorney General a Memorandum of 
Understanding in order to clarify cooperation and coordination between 
United States Immigration and Customs Enforcement and the Federal 
Bureau of Investigation regarding issues related to human smuggling, 
human trafficking, and terrorist travel.
    (f) Coordination With the Office of Intelligence and Analysis.--The 
Office of Intelligence and Analysis, in coordination with the Center, 
shall submit to Federal, State, local, and tribal law enforcement and 
other relevant agencies periodic reports regarding terrorist threats 
related to human smuggling, human trafficking, and terrorist travel.
    (g) Authorization of Appropriations.--Of the amount authorized to 
be appropriated under section 101 for fiscal year 2007, $10,000,000 is 
to carry out this section for that fiscal year.

        TITLE VI--PREVENTION OF NUCLEAR AND BIOLOGICAL TERRORISM

SEC. 601. ESTABLISHMENT OF OFFICE OF DOMESTIC NUCLEAR DETECTION.

    (a) Establishment.--The Homeland Security Act of 2002 (6 U.S.C. 101 
et seq.) is amended by adding at the end the following new title:

                ``TITLE XIX--DOMESTIC NUCLEAR DETECTION

``SEC. 1901. OFFICE OF DOMESTIC NUCLEAR DETECTION.

    ``(a) In General.--There shall be in the Department of Homeland 
Security an Office of Domestic Nuclear Detection.
    ``(b) Purpose.--The purpose of the Office shall be to protect 
against the unauthorized importation, possession, storage, 
transportation, development, or use of a nuclear explosive device, 
fissile material, or radiological material against the United States.
    ``(c) Director.--The Office shall be headed by a Director of 
Domestic Nuclear Detection, who shall be appointed by the President 
from among individuals nominated by the Secretary.
    ``(d) Limitation.--This title shall not be construed to affect the 
performance, by directorates and agencies of the Department other than 
the Office, of functions that are not related to detection and 
prevention of nuclear and radiological terrorism.

``SEC. 1902. RESPONSIBILITIES OF DIRECTOR OF DOMESTIC NUCLEAR 
              DETECTION.

    ``(a) In General.--The Secretary shall vest in the Director of 
Domestic Nuclear Detection the primary responsibility in the Department 
for--
            ``(1) administering all nuclear and radiological detection 
        and prevention functions and assets of the Department; and
            ``(2) for coordinating such administration with nuclear and 
        radiological detection and prevention activities of other 
        Federal departments and agencies.
    ``(b) Transfer of Functions.--The Secretary shall transfer to the 
Director the authority to administer, or supervise the administration 
of, all functions, personnel, assets, and liabilities of all Department 
programs and projects relating to nuclear and radiological detection 
research, development, testing, and evaluation, and nuclear and 
radiological detection system acquisition and deployment, including 
with respect to functions and assets transferred by section 303(1)(B), 
(C), and (E) and functions, assets, and personnel transferred pursuant 
to section 1910(c).

``SEC. 1903. GLOBAL NUCLEAR DETECTION ARCHITECTURE.

    ``(a) In General.--The Director of Domestic Nuclear Detection shall 
coordinate the Federal Government's implementation of a global nuclear 
detection architecture.
    ``(b) Functions of Director.--In carrying out subsection (a), the 
Director shall--
            ``(1) design a strategy that will guide deployment of the 
        global nuclear detection architecture;
            ``(2) implement the strategy in the United States; and
            ``(3) coordinate Department and Federal interagency efforts 
        to deploy the elements of the global nuclear detection 
        architecture outside the United States.
    ``(c) Relationship to Other Departments and Agencies.--The 
authority of the Director under this section shall not affect an 
authority or responsibility of any other department or agency of the 
Federal Government with respect to the deployment of nuclear and 
radiological detection systems outside the United States under any 
program administered by that department or agency.

``SEC. 1904. RESEARCH AND DEVELOPMENT.

    ``(a) In General.--The Director of Domestic Nuclear Detection shall 
carry out a research and development program to achieve 
transformational and evolutionary improvements in detection 
capabilities for shielded and unshielded nuclear explosive devices and 
radiological dispersion devices.
    ``(b) High-Risk Projects.--The program shall include funding for 
transformational research and development projects that may have a high 
risk of failure but have the potential to provide significant benefits.
    ``(c) Long-Term Projects.--In order to reflect a long-term 
commitment to the development of more effective detection technologies, 
the program shall include the provision of funding for projects having 
a duration of more than 3 years, as appropriate.
    ``(d) Coordination With Other Federal Programs.--The Director shall 
coordinate implementation of the program with other Federal agencies 
performing similar research and development in order to accelerate the 
development of effective technologies, promote technology sharing, and 
to avoid duplication, including through the use of the interagency 
coordination council established under section 1913.

``SEC. 1905. SYSTEM ASSESSMENTS.

    ``(a) Program Required.--The Director of Domestic Nuclear Detection 
shall carry out a program to test and evaluate technology for detecting 
nuclear explosive devices and fissile or radiological material.
    ``(b) Performance Metrics.--The Director shall establish 
performance metrics for evaluating the effectiveness of individual 
detectors and detection systems in detecting nuclear explosive devices 
or fissile or radiological material--
            ``(1) under realistic operational and environmental 
        conditions; and
            ``(2) against realistic adversary tactics and 
        countermeasures.
    ``(c) Provision of Testing Services.--
            ``(1) In general.--The Director may, under the program 
        required under subsection (a), make available testing services 
        to developers of detection technologies. The results of the 
        tests performed with services made available under this 
        subsection shall be confidential and may not be disclosed to 
        individuals or entities outside of the Federal Government 
        without the consent of the developer for whom the tests are 
        performed.
            ``(2) Fees.--The Director may charge a fee, as appropriate, 
        to perform any service under this subsection.
    ``(d) System Assessments.--
            ``(1) In general.--The Director shall periodically perform 
        system-wide assessments of the global nuclear detection 
        architecture to identify vulnerabilities and to gauge overall 
        system performance against nuclear and radiological threats.
            ``(2) Included activities.--The assessments shall include--
                    ``(A) red teaming activities to identify 
                vulnerabilities and possible modes of attack and 
                concealment methods; and
                    ``(B) net assessments to determine architecture 
                performance against adversary tactics and concealment 
                methods.
            ``(3) Use.--The Director shall use the assessments to guide 
        deployment of the global nuclear detection architecture and the 
        research and development activities of the Office of Domestic 
        Nuclear Detection.

``SEC. 1906. TECHNOLOGY ACQUISITION, DEPLOYMENT, SUPPORT, AND TRAINING.

    ``(a) Acquisition Strategy.--
            ``(1) In general.--The Director of Domestic Nuclear 
        Detection shall develop and, subject to the availability of 
        appropriations, execute a strategy for the acquisition and 
        deployment of detection systems in order to implement the 
        Department components of the global nuclear detection 
        architecture developed under section 1903.
            ``(2) Use of available contracting procedures.--The 
        Director shall make use of all contracting procedures available 
        to the Secretary to implement the acquisition strategy.
            ``(3) Determination of qualified anti-terrorism 
        technology.--The Director shall make recommendations based on 
        the criteria included in section 862(b) as to whether the 
        detection systems acquired pursuant to this subsection shall be 
        designated by the Secretary as anti-terrorism technologies that 
        qualify for protection under the system of risk management 
        under subtitle G of title VIII. The Under Secretary for Science 
        and Technology shall consider the Director's recommendations 
        and expedite the process of determining whether such detection 
        systems shall be designated as anti-terrorism technologies that 
        qualify for such protection.
    ``(b) Deployment.--The Director shall deploy detection systems for 
use by Department operational units and other end-users in implementing 
the global nuclear detection architecture.
    ``(c) Operational Support and Protocols.--
            ``(1) Operational support.--The Director shall provide 
        operational support for all systems acquired to implement the 
        acquisition strategy developed under subsection (a).
            ``(2) Operational protocols.--The Director shall develop 
        operational protocols for detection technology acquired and 
        deployed to implement the acquisition strategy, including 
        procedures for alarm resolution and notification of appropriate 
        response agencies in the event that illicit nuclear, 
        radioactive, or fissile materials are detected by such a 
        product or service.
            ``(3) Technical reachback.--The Director will ensure that 
        the expertise necessary to accurately interpret detection data 
        is made available in a timely manner for all technology 
        deployed to implement the global nuclear detection 
        architecture.
    ``(d) Training.--The Director shall develop and distribute training 
materials and provide training to all end-users of technology acquired 
by the Director under the acquisition strategy.
    ``(e) Solicitation of End-User Input.--In developing requirements 
for the research and development program of section 1904 and 
requirements for the acquisition of detection systems to implement the 
strategy in subsection (a), the Director shall solicit input from end-
users of such systems.
    ``(f) State and Local Support.--Upon request, the Director shall 
provide guidance regarding radiation detection technology acquisitions 
to be made by State, local, and tribal governments and emergency 
response providers.

``SEC. 1907. SITUATIONAL AWARENESS.

    ``(a) Detection Information.--The Director of Domestic Nuclear 
Detection--
            ``(1) shall continuously monitor detection information 
        received from foreign and domestic detection systems to 
        maintain for the Department a situational awareness of all 
        nuclear threats;
            ``(2) shall gather and archive--
                    ``(A) detection data measurements taken of benign 
                activities in the normal flows of commerce; and
                    ``(B) alarm data, including false alarms and 
                nuisance alarms.
    ``(b) Information Sharing.--The Director shall coordinate with 
other governmental agencies to ensure that the detection of 
unauthorized nuclear explosive devices, fissile material, or 
radiological material is promptly reported to all appropriate Federal 
response agencies including the Attorney General, the Director of the 
Federal Bureau of Investigation, the Secretary of Defense, and the 
Secretary of Energy.
    ``(c) Incident Resolution.--The Director shall assess nuclear 
threats communicated by Federal, State, tribal, or local officials and 
provide adequate technical reachback capability for swift and effective 
incident resolution.
    ``(d) Security.--The Director shall--
            ``(1) develop and implement security standards and 
        protocols for the control and protection of all classified or 
        sensitive information in possession of the Office; and
            ``(2) ensure that relevant personnel of the Office have the 
        required security clearances to properly handle such 
        information.

``SEC. 1908. FORENSIC ANALYSIS.

    ``The Director of Domestic Nuclear Detection shall perform all 
research, development, and acquisition activities of the Department 
pertaining to forensic analysis and attribution of nuclear and 
radiological attacks.

``SEC. 1909. THREAT INFORMATION.

    ``(a) Threat Assessments.--The Director of Domestic Nuclear 
Detection shall utilize classified and unclassified nuclear and 
radiological threat assessments in designing the global nuclear 
detection architecture under section 1903, prioritizing detection 
system deployments, and testing and optimizing system performance of 
that architecture, including assessments of--
            ``(1) smuggling routes;
            ``(2) locations of relevant nuclear and radiological 
        material throughout the world;
            ``(3) relevant terrorist tradecraft and concealment 
        methods;
            ``(4) relevant nuclear and radiological threat objects in 
        terms of possible detection signatures.
    ``(b) Access to Information.--The Secretary shall provide the 
Director access to all information relating to nuclear and radiological 
threats, including reports, assessments, analyses, and unevaluated 
intelligence, that is necessary to successfully design, deploy, and 
support the operation of an effective global detection architecture 
under section 1903.
    ``(c) Analytical Support.--The Director shall request that the 
Secretary provide to the Director, pursuant to section 201(c)(20), the 
requisite intelligence and information analysis support necessary to 
effectively discharge the Director's responsibilities.
    ``(d) Analytical Expertise.--For the purposes of performing any of 
the assessments required under subsection (a), the Director, subject to 
the availability of appropriations, may hire qualified personnel with 
experience in performing nuclear and radiological threat assessments.
    ``(e) Collection Requests.--The Director shall recommend that the 
Secretary consult with the Director of Central Intelligence or other 
appropriate intelligence, law enforcement, or other elements of the 
Federal Government pursuant to section 201(c)(7) with respect to 
intelligence collection to design, deploy, and support the operation of 
the global detection architecture under section 1903.

``SEC. 1910. ADMINISTRATIVE AUTHORITIES.

    ``(a) Hiring.--In hiring personnel for the Office of Domestic 
Nuclear Detection, the Secretary shall have the hiring and management 
authorities described in section 1101 of the Strom Thurmond National 
Defense Authorization Act for Fiscal Year 1999 (5 U.S.C. 3104 note; 
Public Law 105-261). The term of appointments for employees under 
subsection (c)(1) of that section may not exceed 5 years before the 
granting of any extension under subsection (c)(2) of that section
    ``(b) Detail of Personnel.--In order to assist the Director of 
Domestic Nuclear Detection in discharging the Director's 
responsibilities, personnel of other Federal agencies may be detailed 
to the Office for the performance of analytic functions and related 
duties.
    ``(c) Transfer of Science and Technology Functions, Personnel, and 
Assets.--
            ``(1) Transfer required.--Except as provided in paragraph 
        (2), the Secretary shall transfer to the Director the 
        functions, assets, and personnel of the Department relating to 
        radiological and nuclear countermeasures, including forensics 
        of contaminated evidence and attack attribution.
            ``(2) Exceptions.--The Secretary shall not transfer under 
        paragraph (1) functions, assets, and personnel relating to 
        consequence management and recovery.
            ``(3) Elimination of duplication of effort.--The Secretary 
        shall ensure that to the extent that complementary functions 
        are vested in the Directorate of Science and Technology and the 
        Office of Domestic Nuclear Detection with respect to 
        radiological and nuclear countermeasures, the Under Secretary 
        for Science and Technology and the Director of Domestic Nuclear 
        Detection coordinate the programs administered by the Under 
        Secretary and the Director to eliminate duplication and 
        increase integration opportunities, particularly with respect 
        to technology development and test and evaluation.

``SEC. 1911. REPORT REQUIREMENT.

    ``The Director of Domestic Nuclear Detection shall submit to 
Congress an annual report on each of the following:
            ``(1) The global detection strategy developed under section 
        1903.
            ``(2) The status of implementation of such architecture.
            ``(3) The schedule for future detection system deployments 
        under such architecture.
            ``(4) The research and development program of the Office of 
        Domestic Nuclear Detection.
            ``(5) A summary of actions taken by the Office during the 
        reporting period to counter nuclear and radiological threats.

``SEC. 1912. ADVISORY COUNCIL ON NUCLEAR DETECTION.

    ``(a) Establishment.--Pursuant to section 871 of this Act, the 
Secretary shall establish within the Office of Domestic Nuclear 
Detection an Advisory Council on Nuclear Detection (in this section 
referred to as the `Advisory Council'). The Advisory Council shall 
report to the Director of Domestic Nuclear Detection.
    ``(b) Functions.--The Advisory Council shall, at the request of the 
Director--
            ``(1) advise the Director on recommendations for the global 
        nuclear detection architecture developed under section 1903(a);
            ``(2) identify research areas for development of next-
        generation and transformational nuclear and radiological 
        detection technologies; and
            ``(3) and have such additional responsibilities as the 
        Director may assign in furtherance of the Department's homeland 
        security mission with respect to enhancing domestic and 
        international nuclear and radiological detection capabilities.
    ``(c) Membership.--The Advisory Council shall consist of 5 members 
appointed by the Director, who shall--
            ``(1) be individuals who have an eminent knowledge and 
        technical expertise related to nuclear and radiological 
        detection research and development and radiation detection;
            ``(2) be selected solely on the basis of their established 
        record of distinguished service; and
            ``(3) not be employees of the Federal Government, other 
        than employees of National Laboratories.
    ``(d) Conflict of Interest Rules.--The Advisory Council shall 
establish rules for determining when one of its members has a conflict 
of interest in a matter being considered by the Advisory Council, and 
the appropriate course of action to address such conflicts of interest.

``SEC. 1913. INTERAGENCY COORDINATION COUNCIL.

    ``The President--
            ``(1) shall establish an interagency coordination council 
        to facilitate interagency cooperation for purposes of 
        implementing this title;
            ``(2) shall appoint the Secretary to chair the interagency 
        coordination council; and
            ``(3) may appoint the Attorney General, the Secretary of 
        Energy, the Secretary of State, the Secretary of Defense, and 
        the heads of other appropriate Federal agencies to designate 
        members to serve on such council.

``SEC. 1914. AUTHORIZATION OF APPROPRIATIONS.

    ``There is authorized to be appropriated to carry out this title--
            ``(1) from the amount authorized to be appropriated for 
        fiscal year 2007 under section 101 of the Department of 
        Homeland Security Authorization Act for Fiscal Year 2007, 
        $536,000,000 for that fiscal year; and
            ``(2) such sums as may be necessary for each subsequent 
        fiscal year.

``SEC. 1915. DEFINITIONS.

    ``In this title:
            ``(1) The term `fissile materials' means material capable 
        of undergoing nuclear fission by thermal or slow neutrons.
            ``(2) The term `global nuclear detection architecture' 
        means a multi-layered system of detectors deployed 
        internationally and domestically to detect and interdict 
        nuclear and radiological materials intended for illicit use.
            ``(3) The term `nuclear and radiological detection system' 
        means any technology that is capable of detecting or 
        identifying nuclear and radiological material or explosive 
        devices.
            ``(4) The term `radiological material' means material that 
        emits nuclear radiation.
            ``(5) The term `nuclear explosive device' means an 
        explosive device capable of producing a nuclear yield.
            ``(6) The term `technical reachback' means technical expert 
        support provided to operational end users for data 
        interpretation and alarm resolution.
            ``(7) The term `transformational' means that, if 
        successful, will produce dramatic technological improvements 
        over existing capabilities in the areas of performance, cost, 
        or ease of use.''.
    (b) Conforming Amendments.--
            (1) Section 103(d) of the Homeland Security Act of 2002 (6 
        U.S.C. 113(d)) is amended by adding at the end the following:
            ``(5) A Director of the Domestic Nuclear Detection 
        Office.''.
            (2) Section 302 of such Act (6 U.S.C. 182) is amended--
                    (A) in paragraph (2) by striking ``radiological, 
                nuclear''; and
                    (B) in paragraph (5)(A) by striking ``radiological, 
                nuclear''.
            (3) Section 305 of such Act (6 U.S.C. 185) is amended by 
        inserting ``and the Director of the Domestic Nuclear Detection 
        Office'' after ``Technology''.
            (4) Section 308 of such Act (6 U.S.C. 188) is amended in 
        each of subsections (a) and (b)(1) by inserting ``and the 
        Director of the Domestic Nuclear Detection Office'' after 
        ``Technology'' each place it appears.
    (c) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding 
at the end the following:

                ``TITLE XIX--DOMESTIC NUCLEAR DETECTION

``Sec. 1901.Office of  Domestic Nuclear Detection.
``Sec. 1902.Responsibilities of Director of the Domestic Nuclear 
                            Detection.
``Sec. 1903. Global nuclear detection architecture.
``Sec. 1904. Research and development.
``Sec. 1905. System assessments.
``Sec. 1906. Technology acquisition, deployment, support, and training.
``Sec. 1907. Situational awareness.
``Sec. 1908. Forensic analysis.
``Sec. 1909. Threat information.
``Sec. 1910. Administrative authorities.
``Sec. 1911. Report requirement.
``Sec. 1912. Advisory Council on Nuclear Detection.
``Sec. 1913. Interagency coordination council.
``Sec. 1914. Authorization of appropriations.
``Sec. 1915. Definitions.''.

SEC. 602. CHIEF MEDICAL OFFICER.

    (a) Establishment.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 341 et seq.) is amended by adding at the end the following:

``SEC. 512. CHIEF MEDICAL OFFICER.

    ``(a) In General.--There is in the Department a Chief Medical 
Officer, who shall be appointed by the President, by and with the 
advice and consent of the Senate.
    ``(b) Qualifications.--The individual appointed as Chief Medical 
Officer shall possess a demonstrated ability in and knowledge of 
medicine and public health.
    ``(c) Responsibilities.--The Chief Medical Officer shall have the 
primary responsibility within the Department for medical issues related 
to acts of terrorism, natural disasters, and other emergencies, 
including the following:
            ``(1) Serving as the Secretary's principal advisor on 
        medical and public health issues.
            ``(2) Coordinating the biosurveillance and detection 
        activities of the Department.
            ``(3) Ensuring that decision support tools link 
        biosurveillance and detection information to near real-time 
        response actions at the State, local, and tribal level.
            ``(4) Ensuring internal and external coordination of all 
        medical preparedness and response activities of the Department, 
        including training, exercises, and equipment support.
            ``(5) Serving as the Department's primary point of contact 
        on medical and public health issues with the Departments of 
        Agriculture, Defense, Health and Human Services, 
        Transportation, and Veterans Affairs, and other Federal 
        departments or agencies.
            ``(6) Serving as the Department's primary point of contact 
        with respect to medical and public health matters.
            ``(7) Discharging, in coordination with the Under Secretary 
        for Science and Technology, responsibilities of the Department 
        related to Project Bioshield.
            ``(8) Establishing doctrine and priorities for the National 
        Disaster Medical System and supervising its medical components, 
        consistent with the National Response Plan and the National 
        Incident Management System.
            ``(9) Establishing doctrine and priorities for the 
        Metropolitan Medical Response System, consistent with the 
        National Response Plan and the National Incident Management 
        System.
            ``(10) Performing such other duties relating to such 
        responsibilities as the Secretary may require.
    ``(d) Deputy.--There is in the Department a Deputy Chief Medical 
Officer, who shall be appointed by the Secretary and who shall assist 
the Chief Medical Officer in carrying out the responsibilities under 
subsection (c).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the items relating to title V, 
the following new item:

``Sec. 512. Chief Medical Officer.''.

SEC. 603. NATIONAL BIOSURVEILLANCE INTEGRATION SYSTEM.

    (a) Establishment.--The Secretary of Homeland Security, acting 
through the Chief Medical Officer of the Department of Homeland 
Security, shall establish a National Biosurveillance Integration System 
(referred to in this section as the ``NBIS'') to enhance the capability 
of the Federal Government to rapidly identify, characterize, and 
localize a biological event by integrating and analyzing data from 
human health, animal, plant, food, and environmental monitoring systems 
(both national and international) into a single comprehensive system.
    (b) Requirements.--The NBIS shall be designed to detect, as early 
as possible, a biological event that presents a risk to the United 
States or the infrastructure or key assets of the United States. The 
NBIS shall--
            (1) consolidate data from all relevant surveillance systems 
        maintained by the Department of Homeland Security and other 
        governmental and private sources, both foreign and domestic;
            (2) use an information technology system that uses the best 
        available statistical and other analytical tools to 
        automatically identify and characterize biological events in as 
        close to real-time as possible; and
            (3) process and protect sensitive data consistent with 
        requirements of applicable privacy laws including the Health 
        Insurance Portability and Accountability Act of 1996.
    (c) Responsibilities of the Chief Medical Officer of the Department 
of Homeland Security.--
            (1) In general.--The Chief Medical Officer of the 
        Department of Homeland Security shall--
                    (A) establish an entity to perform all operations 
                and assessments related to the NBIS;
                    (B) continuously monitor the availability and 
                appropriateness of data feeds and solicit new 
                surveillance systems with data that would enhance 
                biological situational awareness or overall NBIS 
                performance;
                    (C) continuously review and seek to improve the 
                statistical and other analytical methods utilized by 
                NBIS;
                    (D) establish a procedure to enable States and 
                local government entities to report suspicious events 
                that could warrant further assessments using NBIS;
                    (E) receive and consider all relevant homeland 
                security information; and
                    (F) provide technical assistance, as appropriate, 
                to all Federal, regional, State, and local government 
                entities and private sector entities that contribute 
                data relevant to the operation of NBIS.
            (2) Assessments.--The Chief Medical Officer of the 
        Department of Homeland Security shall--
                    (A) continuously evaluate available data for 
                evidence of a biological event; and
                    (B) integrate homeland security information with 
                NBIS data to provide overall situational awareness and 
                determine whether a biological event has occurred.
            (3) Information sharing.--The Chief Medical Officer of the 
        Department of Homeland Security shall--
                    (A) in the event that a biological event is 
                detected, notify the Secretary of Homeland Security and 
                disseminate results of NBIS assessments related to that 
                biological event to appropriate Federal, regional, 
                State, and local response entities in a timely manner 
                to support decision making;
                    (B) provide reports on NBIS assessments to Federal, 
                regional, State, and local governments and any private 
                sector entities, as considered appropriate by the 
                Secretary; and
                    (C) use available information sharing networks 
                internal to the Department, as well as those within the 
                intelligence community and operation centers, for 
                distributing NBIS incident or situational awareness 
                reports.
    (d) Notification of Chief Medical Officer of the Department of 
Homeland Security.--The Secretary of Homeland Security shall ensure 
that the Chief Medical Officer of the Department of Homeland Security 
is notified of any threat of a biological event and receives all 
classified and unclassified reports related to threats of biological 
events in a timely manner.
    (e) Administrative Authorities.--
            (1) Hiring of experts.--The Chief Medical Officer of the 
        Department of Homeland Security shall hire individuals with the 
        necessary expertise to develop and operate the NBIS system.
            (2) Detail of personnel.--Upon the request of the Chief 
        Medical Officer of the Department of Homeland Security, 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 Chief Medical Officer of 
        the Department of Homeland Security in carrying out this 
        section.
            (3) Privacy.--The Chief Medical Officer of the Department 
        of Homeland Security shall ensure all applicable privacy 
        regulations are strictly adhered to in the operation of the 
        NBIS and the sharing of any information related to the NBIS.
    (f) Joint Biosurveillance Leadership Council.--The Chief Medical 
Officer of the Department of Homeland Security shall--
            (1) establish an interagency coordination council to 
        facilitate interagency cooperation to advise the Chief Medical 
        Officer of the Department of Homeland Security on 
        recommendations to enhance the biosurveillance capabilities of 
        the Department; and
            (2) invite officials of Federal agencies that conduct 
        biosurveillance programs, including the Department of Health 
        and Human Services, the Department of Agriculture, the 
        Environment Protection Agency, and the Department of Defense, 
        to serve on such council.
    (g) Annual Report Required.--Not later than December 31 of each 
year, the Chief Medical Officer of the Department of Homeland Security 
shall submit to Congress a report that contains each of the following:
            (1) A list of departments, agencies, and private or 
        nonprofit entities participating in the NBIS and the data each 
        entity contributes to the NBIS.
            (2) An implementation plan for the NBIS that includes cost, 
        schedule, and key milestones.
            (3) The status of the implementation of the NBIS.
            (4) The schedule for obtaining access to any relevant 
        biosurveillance information not compiled in NBIS as of the date 
        on which the report is submitted.
            (5) A description of the incident reporting or decision 
        making protocols in effect as of the date on which the report 
        is submitted and any changes made to such protocols during the 
        period beginning on the date on which the report for the 
        preceding year was submitted and ending on the date on which 
        the report is submitted.
            (6) A list of any Federal, State, or local government 
        entities that have direct or indirect access to the information 
        that is integrated into the NBIS.
    (h) Relationship to Other Departments and Agencies.--The authority 
of the Chief Medical Officer of the Department of Homeland Security 
under this section shall not affect an 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) Biological Event.--For purposes of this section, the term 
``biological event'' means--
            (1) an act of terrorism that uses material of biological 
        origins; or
            (2) a naturally occurring outbreak of an infectious disease 
        that may affect national security.

SEC. 604. MATERIAL THREATS.

    (a) In General.--Section 319F-2(c)(2)(A) of the Public Health 
Service Act (42 U.S.C. 247d-6b(c)(2)(A)) is amended--
            (1) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively;
            (2) by moving each of such subclauses two ems to the right;
            (3) by striking ``(A) Material threat.--The Homeland 
        Security Secretary'' and inserting the following:
                    ``(A) Material threat.--
                            ``(i) In general.--The Homeland Security 
                        Secretary''; and
            (4) by adding at the end the following clauses:
                            ``(ii) Use of existing risk assessments.--
                        For the purpose of satisfying the requirements 
                        of clause (i) as expeditiously as possible, the 
                        Homeland Security Secretary shall, as 
                        practicable, utilize existing risk assessments 
                        that such Secretary considers credible.
                            ``(iii) Order of assessments.--
                                    ``(I) Groupings to facilitate 
                                assessment of countermeasures.--In 
                                conducting threat assessments and 
                                determinations under clause (i) of 
                                chemical, biological, radiological, and 
                                nuclear agents, the Homeland Security 
                                Secretary shall, to the extent 
                                practicable and appropriate, consider 
                                the completion of such assessments and 
                                determinations for groups of agents 
                                toward the goal of facilitating the 
                                assessment of countermeasures under 
                                paragraph (3) by the Secretary of 
                                Health and Human Services.
                                    ``(II) Categories of 
                                countermeasures.--The grouping of 
                                agents under subclause (I) by the 
                                Homeland Security Secretary shall be 
                                designed to facilitate assessments 
                                under paragraph (3) by the Secretary of 
                                Health and Human Services regarding the 
                                following two categories of 
                                countermeasures:
                                            ``(aa) Countermeasures that 
                                        may address more than one agent 
                                        identified under clause 
                                        (i)(II).
                                            ``(bb) Countermeasures that 
                                        may address adverse health 
                                        consequences that are common to 
                                        exposure to different agents.
                                    ``(III) Rule of construction.--A 
                                particular grouping of agents pursuant 
                                to subclause (II) is not required under 
                                such subclause to facilitate 
                                assessments of both categories of 
                                countermeasures described in such 
                                subclause. A grouping may concern one 
                                category and not the other.
                            ``(iv) Time frame for completion of certain 
                        national-security determinations.--With respect 
                        to chemical, biological, radiological, and 
                        nuclear agents known to the Homeland Security 
                        Secretary as of the day before the date of the 
                        enactment of this Act, and which such Secretary 
                        considers to be capable of significantly 
                        affecting national security, such Secretary 
                        shall complete the determinations under clause 
                        (i)(II) not later than December 31, 2007.
                            ``(v) Definition.--For purposes of this 
                        subparagraph, the term `risk assessment' means 
                        a scientific, technically-based analysis of 
                        agents that incorporates threat, vulnerability, 
                        and consequence information.''.
    (b) Authorization of Appropriations.--Section 510(d) of the 
Homeland Security Act of 2002 (6 U.S.C. 320(d)) is amended--
            (1) in paragraph (1), by striking ``2006,'' and inserting 
        ``2009,''; and
            (2) by adding at the end the following:
            ``(3) Additional authorization of appropriations regarding 
        certain threat assessments.--For the purpose of providing an 
        additional amount to the Secretary to assist the Secretary in 
        meeting the requirements of clause (iv) of section 319F-
        2(c)(2)(A)) of the Public Health Service Act (relating to time 
        frames), there are authorized to be appropriated such sums as 
        may be necessary for fiscal year 2007, in addition to the 
        authorization of appropriations established in paragraph (1). 
        The purposes for which such additional amount may be expended 
        include conducting risk assessments regarding clause (i)(II) of 
        such section when there are no existing risk assessments that 
        the Secretary considers credible.''.

SEC. 605. STUDY ON NATIONAL BIODEFENSE TRAINING.

    (a) Study Required.--The Secretary of Homeland Security shall, in 
consultation with the Secretary of Defense and the Secretary for Health 
and Human Services, conduct a study to determine the staffing and 
training requirements for pending capital programs to construct 
biodefense laboratories (including agriculture and animal laboratories) 
at Biosafety Level 3 and Biosafety Level 4 or to expand current 
biodefense laboratories to such biosafety levels.
    (b) Elements.--In conducting the study, the Secretary of Homeland 
Security shall address the following:
            (1) The number of trained personnel, by discipline and 
        qualification level, required for existing biodefense 
        laboratories at Biosafety Level 3 and Biosafety Level 4.
            (2) The number of research and support staff, including 
        researchers, laboratory technicians, animal handlers, facility 
        managers, facility or equipment maintainers, biosecurity 
        personnel (including biosafety, physical, and electronic 
        security personnel), and other safety personnel required to 
        manage biodefense research efforts to combat bioterrorism at 
        the biodefense laboratories described in subsection (a).
            (3) The training required to provide the personnel 
        described by paragraphs (1) and (2), including the type of 
        training (whether classroom, laboratory, or field training) 
        required, the length of training required by discipline, and 
        the curriculum required to be developed for such training.
            (4) Training schedules necessary to meet the scheduled 
        openings of the biodefense laboratories described in subsection 
        (a), including schedules for refresher training and continuing 
        education that may be necessary for that purpose.
    (c) Report.--Not later than December 31, 2006, the Secretary of 
Homeland Security shall submit to Congress a report setting forth the 
results of the study conducted under this section.

SEC. 606. HOMELAND SECURITY SCIENCE AND TECHNOLOGY ADVISORY COMMITTEE.

    Section 311(j) of the Homeland Security Act of 2002 (6 U.S.C. 
191(j)) is amended to read as follows:
    ``(j) Termination.--The Department of Homeland Security Science and 
Technology Advisory Committee shall terminate on the date that is 10 
years after the date on which it was established.''.

      TITLE VII--HOMELAND SECURITY INFRASTRUCTURE PROTECTION AND 
                       CYBERSECURITY ENHANCEMENT

SEC. 701. INFRASTRUCTURE PROTECTION AND CYBERSECURITY.

    (a) In General.--Title II of the Homeland Security Act of 2002 is 
amended by adding at the end the following new subtitle:

       ``Subtitle E--Infrastructure Protection and Cybersecurity

``SEC. 241. OFFICE OF INFRASTRUCTURE PROTECTION.

    ``(a) In General.--There is in the Department an Office of 
Infrastructure Protection.
    ``(b) Assistant Secretary for Infrastructure Protection.--The head 
of the Office shall be the Assistant Secretary for Infrastructure 
Protection.
    ``(c) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary shall carry out the responsibilities of the Department 
regarding infrastructure protection. Such responsibilities shall 
include the following:
            ``(1) To identify and carry out comprehensive risk 
        assessments of key resources and critical infrastructure of the 
        United States, to determine the risks posed by particular types 
        of terrorist attacks within the United States (including an 
        assessment of the probability of success of such attacks and 
        the feasibility and potential efficacy of various 
        countermeasures to such attacks).
            ``(2) To develop and maintain a comprehensive national plan 
        for securing the key resources and critical infrastructure of 
        the United States, in accordance with Homeland Security 
        Presidential Directive 7.
            ``(3) To recommend measures necessary to protect the key 
        resources and critical infrastructure of the United States in 
        coordination with other Federal Departments and agencies and in 
        consultation with State, local, and tribal government agencies 
        and authorities, and the private sector.
            ``(4) To coordinate and implement, as appropriate, 
        preparedness efforts to ensure that critical infrastructure and 
        key resources efforts are fully integrated and coordinated with 
        the response and recovery activities of the Department.
            ``(5) To establish and maintain partnerships and 
        information sharing processes with Federal, State, local, and 
        tribal governments, the private sector, and international 
        governments and organizations to enhance coordination of 
        critical infrastructure and key resource efforts.
            ``(6) To coordinate with the Under Secretary for 
        Intelligence and Analysis and elements of the intelligence 
        community and with Federal, State, local, and tribal law 
        enforcement agencies, and the private sector, as appropriate.
            ``(7) To provide the Secretary with an annual summary of 
        national critical infrastructure protection efforts and 
        priorities and to provide, in consultation with the appropriate 
        Department official with primary responsibility for grants, 
        recommendations for Federal critical infrastructure protection 
        funding.
            ``(8) In carrying out responsibilities under paragraphs (1) 
        and (2), to consult with other Federal, State, local, and 
        tribal government agencies and authorities as appropriate.
            ``(9) To perform other such duties relating to such 
        responsibilities as the Secretary may provide.
    ``(d) Integration Center.--
            ``(1) In general.--There is an Integration Center in the 
        Office of Infrastructure Protection, which shall be staffed by 
        the Office of Infrastructure Protection, the Office of 
        Cybersecurity and Telecommunications, and the Office of 
        Intelligence and Analysis.
            ``(2) Responsibilities.--The Integration Center shall--
                    ``(A) be responsible for the integration of 
                relevant threat, consequence, and vulnerability 
                information, analysis, and assessments (whether such 
                information, analysis, or assessments are provided or 
                produced by the Department or others) in order to 
                identify priorities for protective and support measures 
                by the Department, other Federal departments and 
                agencies, State, local, and tribal government agencies 
                and authorities, the private sector, and other 
                entities; and
                    ``(B) develop and disseminate analytical products 
                that combine homeland security information with 
                critical infrastructure and key resource vulnerability 
                and consequence information.
            ``(3) Critical infrastructure information.--The Secretary 
        shall ensure that the Department makes full and efficient use 
        of open-source information to analyze United States critical 
        infrastructure from the perspective of terrorists using 
        publicly available information.
    ``(e) Staff.--
            ``(1) In general.--The Secretary shall ensure that the 
        Office has staff that possess appropriate expertise and 
        experience to assist the Assistant Secretary in discharging 
        responsibilities under this section.
            ``(2) Private sector staff.--Staff under this subsection 
        may include individuals from the private sector.
            ``(3) Security clearances.--Staff under this subsection 
        shall possess security clearances appropriate for their work 
        under this section.
    ``(f) Detail of Personnel.--
            ``(1) In general.--In order to assist the Office in 
        discharging responsibilities under this section, personnel of 
        other Federal departments and agencies may be detailed to the 
        Department for the performance of analytic functions and 
        related duties.
            ``(2) Cooperative agreements.--The Secretary and the head 
        of the Federal department or agency concerned may enter into 
        cooperative agreements for the purpose of detailing personnel 
        under this subsection.
            ``(3) Basis.--The detail of personnel under this subsection 
        may be on a reimbursable or non-reimbursable basis.
    ``(g) Reprogramming.--The Secretary may not reprogram any funds 
allocated to the Office of Infrastructure Protection until 60 days 
after the Secretary submits to the Committees on Appropriations of the 
Senate and House of Representatives, the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the Committee on Homeland 
Security of the House of Representatives written notification of the 
reprogramming.

``SEC. 242. OFFICE OF CYBERSECURITY AND TELECOMMUNICATIONS.

    ``(a) In General.--There is in the Department an Office of 
Cybersecurity and Telecommunications.
    ``(b) Assistant Secretary for Cybersecurity and 
Telecommunications.--The head of the Office shall be the Assistant 
Secretary for Cybersecurity and Telecommunications.
    ``(c) Responsibilities of the Assistant Secretary.--The Assistant 
Secretary shall carry out the responsibilities of the Department 
regarding cybersecurity and telecommunications. Such responsibilities 
shall include the following:
            ``(1) To establish and manage--
                    ``(A) a national cybersecurity response system that 
                includes the ability to--
                            ``(i) analyze the effect of cybersecurity 
                        threat information on national critical 
                        infrastructure identified by the President; and
                            ``(ii) aid in the detection and warning of 
                        potential vulnerabilities or attacks that could 
                        cause widespread disruption of cybersecurity 
                        infrastructure and in the restoration of such 
                        infrastructure in the aftermath of such 
                        attacks;
                    ``(B) a national cybersecurity threat and 
                vulnerability reduction program which conducts risk 
                assessments on information technology systems, 
                identifies and prioritize vulnerabilities in critical 
                information infrastructure, and coordinates the 
                mitigation of such vulnerabilities;
                    ``(C) an emergency communications program to ensure 
                communications systems and procedures are in place to 
                exchange information during disasters;
                    ``(D) a continuity of operations program to plan 
                and allocate resources for the continuation of critical 
                information operations in the event of a large scale 
                disruption of the information infrastructure and to 
                coordinate a response;
                    ``(E) a reconstitution program to ensure that 
                priorities, procedures, and resources are in place to 
                reconstitute critical information infrastructures. This 
                program should clearly delineate roles and 
                responsibilities of the Department, other federal 
                agencies and private sector;
                    ``(F) a resiliency program that will support basic 
                and fundamental research to improve the reliability and 
                security of network protocols;
                    ``(G) a national public-private cybersecurity 
                awareness, training, and education program that 
                promotes Internet security awareness among all enduser 
                groups;
                    ``(H) a government cybersecurity program to 
                coordinate and consult with Federal, State, and local 
                governments to enhance their cybersecurity programs; 
                and
                    ``(I) an international cybersecurity cooperation 
                program to help foster Federal efforts to enhance 
                international cybersecurity awareness and cooperation.
            ``(2) To coordinate and to leverage existing efforts within 
        the private sector on the program under paragraph (1) as 
        appropriate and to promote cybersecurity information sharing, 
        vulnerability assessment, and threat warning regarding critical 
        infrastructure.
            ``(3) To coordinate with the Under Secretary for 
        Intelligence and Analysis and the Assistant Secretary for 
        Infrastructure Protection to provide relevant and timely 
        homeland security information to the appropriate private sector 
        information infrastructure stakeholders regarding potential 
        vulnerabilities or attacks.
            ``(4) To coordinate with other directorates and offices 
        within the Department and with other Federal agencies, as 
        appropriate, with respect to the cybersecurity aspects of such 
        directorates, offices, and agencies.
            ``(5) To coordinate with the Department official with 
        primary responsibility for emergency preparedness to ensure 
        that the National Response Plan developed includes appropriate 
        measures for the recovery of the cybersecurity elements of 
        critical infrastructure.
            ``(6) To promote voluntary cybersecurity best practices, 
        standards, and benchmarks that are responsive to rapid 
        technology changes and to the security needs of critical 
        infrastructure.
            ``(7) To coordinate with the Chief Information Officer of 
        the Department in establishing a secure information sharing 
        architecture and information sharing processes, including with 
        respect to the Department's operation centers.
            ``(8) To consult with the Electronic Crimes Task Force of 
        the United States Secret Service on private sector outreach and 
        information activities.
            ``(9) To consult with the appropriate Department official 
        with primary responsibility for grants to ensure that realistic 
        cybersecurity scenarios are incorporated into training 
        exercises, including tabletop and recovery exercises.
            ``(10) To consult and coordinate with the Assistant 
        Secretary for Infrastructure Protection, the Under Secretary 
        for Science and Technology, and, where appropriate, with other 
        relevant Federal departments and agencies, as well as private 
        sector stakeholders, on the security of digital control 
        systems, such as Supervisory Control and Data Acquisition 
        (SCADA) systems.
            ``(11) To consult and coordinate with the Under Secretary 
        of Science and Technology on cybersecurity research and 
        development requirements.
    ``(d) Reporting.--Not later than one year after the date of the 
enactment of this section, the Secretary shall submit to Congress a 
report on the programs that implement or support the requirements of 
this section and the coordination of the Assistant Secretary with the 
private sector in meeting these responsibilities.
    ``(e) Deadline for Nomination.--Not later than 90 days after the 
date of the enactment of this section, the President shall nominate an 
individual to serve as the Assistant Secretary for Cybersecurity and 
Telecommunications.
    ``(f) Staff.--
            ``(1) In general.--The Secretary shall provide the Office 
        of Cybersecurity and Telecommunications with a staff having 
        appropriate expertise and experience to assist the Assistant 
        Secretary in discharging responsibilities under this section.
            ``(2) Security clearances.--Staff under this subsection 
        shall possess security clearances appropriate for their work 
        under this section.
    ``(g) Detail of Personnel.--
            ``(1) In general.--In order to assist the Assistant 
        Secretary for Cybersecurity and Telecommunications in 
        discharging the responsibilities of the Assistant Secretary 
        under this section, personnel of other Federal departments and 
        agencies may be detailed to the Department for the performance 
        of analytic functions and related duties.
            ``(2) Cooperative agreements.--The Secretary and the head 
        of a Federal department or agency concerned may enter into 
        cooperative agreements for the purpose of detailing personnel 
        under this subsection.
            ``(3) Basis.--The detail of personnel under this subsection 
        may be on a reimbursable or non-reimbursable basis.
    ``(h) Reprogramming.--The Secretary may not reprogram any funds 
allocated to the Office of Cybersecurity and Telecommunications until 
60 days after the Secretary submits to the Committees on Appropriations 
of the Senate and House of Representatives, the Committee on Homeland 
Security and Governmental Affairs of the Senate, and the Committee on 
Homeland Security of the House of Representatives written notification 
of the reprogramming.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the items relating to subtitle D 
of title II the following:

       ``Subtitle E--Infrastructure Protection and Cybersecurity

``Sec. 241. Office of Infrastructure Protection.
``Sec. 242. Office of Cybersecurity and Telecommunications.''.

SEC. 702. CYBERSECURITY TRAINING PROGRAM AND EQUIPMENT.

    (a) In General.--The Secretary of Homeland Security, acting through 
the Assistant Secretary of Homeland Security for Cybersecurity and 
Telecommunications, may establish, in conjunction with the National 
Science Foundation, a program to award grants to institutions of higher 
education (and consortia thereof) for--
            (1) the establishment or expansion of cybersecurity 
        professional development programs;
            (2) the establishment or expansion of associate degree 
        programs in cybersecurity; and
            (3) the purchase of equipment to provide training in 
        cybersecurity for either professional development programs or 
        degree programs.
    (b) Roles.--
            (1) Department of homeland security.--The Secretary of 
        Homeland Security, acting through the Assistant Secretary of 
        Homeland Security for Cybersecurity and Telecommunications and 
        in consultation with the Director of the National Science 
        Foundation, shall establish the goals for the program 
        established under this section and the criteria for awarding 
        grants under the program.
            (2) National science foundation.--The Director of the 
        National Science Foundation shall operate the program 
        established under this section consistent with the goals and 
        criteria established under paragraph (1), including soliciting 
        applicants, reviewing applications, and making and 
        administering grant awards. The Director may consult with the 
        Assistant Secretary for Cybersecurity and Telecommunications in 
        selecting awardees.
            (3) Funding.--The Secretary shall transfer to the National 
        Science Foundation the funds necessary to carry out this 
        section.
    (c) Grant Awards.--
            (1) Peer review.--All grant awards under this section shall 
        be made on a competitive, merit-reviewed basis.
            (2) Focus.--In making grant awards under this section, the 
        Director shall, to the extent practicable, ensure geographic 
        diversity and the participation of women and underrepresented 
        minorities.
            (3) Preference.--In making grant awards under this section, 
        the Director shall give preference to applications submitted by 
        consortia of institutions to encourage as many students and 
        professionals as possible to benefit from this program.
    (d) Authorization of Appropriations.--Of the amount authorized to 
be appropriated under section 101 for fiscal year 2007, $3,700,000 is 
to carry out this section for that fiscal year.
    (e) Definition.--For purposes of this section, the term 
``institution of higher education'' has the meaning given that term in 
section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).

                   TITLE VIII--GRANTS ADMINISTRATION

SEC. 801. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    (a) In General.--The Homeland Security Act of 2002 (Public Law 107-
296; 6 U.S.C. 361 et seq.) is further amended--
            (1) in section 1(b) in the table of contents by adding at 
        the end the following:

                ``TITLE XX--FUNDING FOR FIRST RESPONDERS

``Sec. 2001. Definitions.
``Sec. 2002. Faster and Smarter Funding for First Responders.
``Sec. 2003. Covered grant eligibility and criteria.
``Sec. 2004. Risk-based evaluation and prioritization.
``Sec. 2005. Use of funds.'';
    and
            (2) by adding at the end the following:

                ``TITLE XX--FUNDING FOR FIRST RESPONDERS

``SEC. 2001. DEFINITIONS.

    ``In this title:
            ``(1) Board.--The term `Board' means the First Responder 
        Grants Board established under section 2004.
            ``(2) Covered grant.--The term `covered grant' means any 
        grant to which this title applies under section 2002.
            ``(3) Directly eligible tribe.--The term `directly eligible 
        tribe' means any Indian tribe or consortium of Indian tribes 
        that--
                    ``(A) meets the criteria for inclusion in the 
                qualified applicant pool for Self-Governance that are 
                set forth in section 402(c) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                458bb(c));
                    ``(B) employs at least 10 full-time personnel in a 
                law enforcement or emergency response agency with the 
                capacity to respond to calls for law enforcement or 
                emergency services; and
                    ``(C)(i) is located on, or within 5 miles of, an 
                international border or waterway;
                    ``(ii) is located within 5 miles of a facility 
                designated as high-risk critical infrastructure by the 
                Secretary;
                    ``(iii) is located within or contiguous to one of 
                the 50 largest metropolitan statistical areas in the 
                United States; or
                    ``(iv) has more than 1,000 square miles of Indian 
                country, as that term is defined in section 1151 of 
                title 18, United States Code.
            ``(4) Elevations in the threat alert level.--The term 
        `elevations in the threat alert level' means any designation 
        (including those that are less than national in scope) that 
        raises the homeland security threat level to either the highest 
        or second highest threat level under the Homeland Security 
        Advisory System referred to in section 201(d)(7).
            ``(5) Emergency preparedness.--The term `emergency 
        preparedness' shall have the same meaning that term has under 
        section 602 of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5195a).
            ``(6) Essential capabilities.--The term `essential 
        capabilities' means the levels, availability, and competence of 
        emergency personnel, planning, training, and equipment across a 
        variety of disciplines needed to effectively and efficiently 
        prevent, prepare for, respond to, and recover from acts of 
        terrorism consistent with established practices.
            ``(7) First responder.--The term `first responder' shall 
        have the same meaning as the term `emergency response 
        provider'.
            ``(8) Indian tribe.--The term `Indian tribe' means any 
        Indian tribe, band, nation, or other organized group or 
        community, including any Alaskan Native village or regional or 
        village corporation as defined in or established pursuant to 
        the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 et 
        seq.), which is recognized as eligible for the special programs 
        and services provided by the United States to Indians because 
        of their status as Indians.
            ``(9) Region.--The term `region' means--
                    ``(A) any geographic area consisting of all or 
                parts of 2 or more contiguous States, counties, 
                municipalities, or other local governments that have a 
                combined population of at least 1,650,000 or have an 
                area of not less than 20,000 square miles, and that, 
                for purposes of an application for a covered grant, is 
                represented by 1 or more governments or governmental 
                agencies within such geographic area, and that is 
                established by law or by agreement of 2 or more such 
                governments or governmental agencies in a mutual aid 
                agreement; or
                    ``(B) any other combination of contiguous local 
                government units (including such a combination 
                established by law or agreement of two or more 
                governments or governmental agencies in a mutual aid 
                agreement) that is formally certified by the Secretary 
                as a region for purposes of this Act with the consent 
                of--
                            ``(i) the State or States in which they are 
                        located, including a multi-State entity 
                        established by a compact between two or more 
                        States; and
                            ``(ii) the incorporated municipalities, 
                        counties, and parishes that they encompass.
            ``(10) Terrorism preparedness.--The term `terrorism 
        preparedness' means any activity designed to improve the 
        ability to prevent, prepare for, respond to, mitigate against, 
        or recover from threatened or actual terrorist attacks.

``SEC. 2002. FASTER AND SMARTER FUNDING FOR FIRST RESPONDERS.

    ``(a) Covered Grants.--This title applies to grants provided by the 
Department to States, regions, or directly eligible tribes for the 
primary purpose of improving the ability of first responders to 
prevent, prepare for, respond to, mitigate against, or recover from 
threatened or actual terrorist attacks, especially those involving 
weapons of mass destruction, administered under the following:
            ``(1) State homeland security grant program.--The State 
        Homeland Security Grant Program of the Department, or any 
        successor to such grant program.
            ``(2) Urban area security initiative.--The Urban Area 
        Security Initiative of the Department, or any successor to such 
        grant program.
            ``(3) Law enforcement terrorism prevention program.--The 
        Law Enforcement Terrorism Prevention Program of the Department, 
        or any successor to such grant program.
    ``(b) Excluded Programs.--This title does not apply to or otherwise 
affect the following Federal grant programs or any grant under such a 
program:
            ``(1) Nondepartment programs.--Any Federal grant program 
        that is not administered by the Department.
            ``(2) Fire grant programs.--The fire grant programs 
        authorized by sections 33 and 34 of the Federal Fire Prevention 
        and Control Act of 1974 (15 U.S.C. 2229, 2229a).
            ``(3) Emergency management planning and assistance account 
        grants.--The Emergency Management Performance Grant program and 
        the Urban Search and Rescue Grants program authorized by title 
        VI of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq.); the Departments of 
        Veterans Affairs and Housing and Urban Development, and 
        Independent Agencies Appropriations Act, 2000 (113 Stat. 1047 
        et seq.); and the Earthquake Hazards Reduction Act of 1977 (42 
        U.S.C. 7701 et seq.).

``SEC. 2003. COVERED GRANT ELIGIBILITY AND CRITERIA.

    ``(a) Grant Eligibility.--Any State, region, or directly eligible 
tribe shall be eligible to apply for a covered grant.
    ``(b) Grant Criteria.--The Secretary shall award covered grants to 
assist States and local governments in achieving, maintaining, and 
enhancing the essential capabilities for terrorism preparedness 
established by the Secretary.
    ``(c) State Homeland Security Plans.--
            ``(1) Submission of plans.--The Secretary shall require 
        that any State applying to the Secretary for a covered grant 
        must submit to the Secretary a 3-year State homeland security 
        plan that--
                    ``(A) describes the essential capabilities that 
                communities within the State should possess, or to 
                which they should have access, based upon the terrorism 
                risk factors relevant to such communities, in order to 
                meet the Department's goals for terrorism preparedness;
                    ``(B) demonstrates the extent to which the State 
                has achieved the essential capabilities that apply to 
                the State;
                    ``(C) demonstrates the needs of the State necessary 
                to achieve, maintain, or enhance the essential 
                capabilities that apply to the State;
                    ``(D) includes a prioritization of such needs based 
                on threat, vulnerability, and consequence assessment 
                factors applicable to the State;
                    ``(E) describes how the State intends--
                            ``(i) to address such needs at the city, 
                        county, regional, tribal, State, and interstate 
                        level, including a precise description of any 
                        regional structure the State has established 
                        for the purpose of organizing homeland security 
                        preparedness activities funded by covered 
                        grants;
                            ``(ii) to use all Federal, State, and local 
                        resources available for the purpose of 
                        addressing such needs; and
                            ``(iii) to give particular emphasis to 
                        regional planning and cooperation, including 
                        the activities of multijurisdictional planning 
                        agencies governed by local officials, both 
                        within its jurisdictional borders and with 
                        neighboring States;
                    ``(F) with respect to the emergency preparedness of 
                first responders, addresses the unique aspects of 
                terrorism as part of a comprehensive State emergency 
                management plan; and
                    ``(G) provides for coordination of response and 
                recovery efforts at the local level, including 
                procedures for effective incident command in 
                conformance with the National Incident Management 
                System.
            ``(2) Consultation.--The State plan submitted under 
        paragraph (1) shall be developed in consultation with and 
        subject to appropriate comment by local governments and first 
        responders within the State.
            ``(3) Approval by secretary.--The Secretary may not award 
        any covered grant to a State unless the Secretary has approved 
        the applicable State homeland security plan.
            ``(4) Revisions.--A State may revise the applicable State 
        homeland security plan approved by the Secretary under this 
        subsection, subject to approval of the revision by the 
        Secretary.
    ``(d) Consistency With State Plans.--The Secretary shall ensure 
that each covered grant is used to supplement and support, in a 
consistent and coordinated manner, the applicable State homeland 
security plan or plans.
    ``(e) Application for Grant.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, any State, region, or directly eligible tribe may 
        apply for a covered grant by submitting to the Secretary an 
        application at such time, in such manner, and containing such 
        information as is required under this subsection, or as the 
        Secretary may reasonably require.
            ``(2) Deadlines for applications and awards.--All 
        applications for covered grants must be submitted at such time 
        as the Secretary may reasonably require for the fiscal year for 
        which they are submitted. The Secretary shall award covered 
        grants pursuant to all approved applications for such fiscal 
        year as soon as practicable, but not later than March 1 of such 
        year.
            ``(3) Availability of funds.--All funds awarded by the 
        Secretary under covered grants in a fiscal year shall be 
        available for obligation through the end of the subsequent 
        fiscal year.
            ``(4) Minimum contents of application.--The Secretary shall 
        require that each applicant include in its application, at a 
        minimum--
                    ``(A) the purpose for which the applicant seeks 
                covered grant funds and the reasons why the applicant 
                needs the covered grant to meet the essential 
                capabilities for terrorism preparedness within the 
                State, region, or directly eligible tribe to which the 
                application pertains;
                    ``(B) a description of how, by reference to the 
                applicable State homeland security plan or plans under 
                subsection (c), the allocation of grant funding 
                proposed in the application, including, where 
                applicable, the amount not passed through to local 
                governments, first responders, and other local groups, 
                would assist in fulfilling the essential capabilities 
                for terrorism preparedness specified in such plan or 
                plans;
                    ``(C) a statement of whether a mutual aid agreement 
                applies to the use of all or any portion of the covered 
                grant funds;
                    ``(D) if the applicant is a State, a description of 
                how the State plans to allocate the covered grant funds 
                to regions, local governments, and Indian tribes;
                    ``(E) if the applicant is a region--
                            ``(i) a precise geographical description of 
                        the region and a specification of all 
                        participating and nonparticipating local 
                        governments within the geographical area 
                        comprising that region;
                            ``(ii) a specification of what governmental 
                        entity within the region will administer the 
                        expenditure of funds under the covered grant; 
                        and
                            ``(iii) a designation of a specific 
                        individual to serve as regional liaison;
                    ``(F) a capital budget showing how the applicant 
                intends to allocate and expend the covered grant funds;
                    ``(G) if the applicant is a directly eligible 
                tribe, a designation of a specific individual to serve 
                as the tribal liaison; and
                    ``(H) a statement of how the applicant intends to 
                meet the matching requirement, if any, that applies 
                under section 2005(g).
            ``(5) Regional applications.--
                    ``(A) Relationship to state applications.--A 
                regional application--
                            ``(i) shall be coordinated with an 
                        application submitted by the State or States of 
                        which such region is a part;
                            ``(ii) shall supplement and avoid 
                        duplication with such State application; and
                            ``(iii) shall address the unique regional 
                        aspects of such region's terrorism preparedness 
                        needs beyond those provided for in the 
                        application of such State or States.
                    ``(B) State review and submission.--To ensure the 
                consistency required under subsection (d) and the 
                coordination required under subparagraph (A), an 
                applicant that is a region must submit its application 
                to each State of which any part is included in the 
                region for review and concurrence prior to the 
                submission of such application to the Secretary. The 
                regional application shall be transmitted to the 
                Secretary through each such State within 30 days of its 
                receipt, unless the Governor of such a State notifies 
                the Secretary, in writing, that such regional 
                application is inconsistent with the State's homeland 
                security plan and provides an explanation of the 
                reasons therefor.
                    ``(C) Distribution of regional awards.--If the 
                Secretary approves a regional application, then the 
                Secretary shall distribute a regional award to the 
                State or States submitting the applicable regional 
                application under subparagraph (B), and each such State 
                shall, not later than the end of the 45-day period 
                beginning on the date after receiving a regional award, 
                pass through to the region all covered grant funds or 
                resources purchased with such funds, except those funds 
                necessary for the State to carry out its 
                responsibilities with respect to such regional 
                application: Provided, That in no such case shall the 
                State or States pass through to the region less than 80 
                percent of the regional award.
                    ``(D) Certifications regarding distribution of 
                grant funds to regions.--Any State that receives a 
                regional award under subparagraph (C) shall certify to 
                the Secretary, by not later than 30 days after the 
                expiration of the period described in subparagraph (C) 
                with respect to the grant, that the State has made 
                available to the region the required funds and 
                resources in accordance with subparagraph (C).
                    ``(E) Direct payments to regions.--If any State 
                fails to pass through a regional award to a region as 
                required by subparagraph (C) within 45 days after 
                receiving such award and does not request or receive an 
                extension of such period, the region may petition the 
                Secretary to receive directly the portion of the 
                regional award that is required to be passed through to 
                such region under subparagraph (C).
                    ``(F) Regional liaisons.--A regional liaison 
                designated under paragraph (4)(E)(iii) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials within 
                        the region concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials within the region to 
                        assist in the development of the regional 
                        application and to improve the region's access 
                        to covered grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials 
                        within the region, covered grants awarded to 
                        the region.
            ``(6) Tribal applications.--
                    ``(A) Submission to the state or states.--To ensure 
                the consistency required under subsection (d), an 
                applicant that is a directly eligible tribe must submit 
                its application to each State within the boundaries of 
                which any part of such tribe is located for direct 
                submission to the Department along with the application 
                of such State or States.
                    ``(B) Opportunity for state comment.--Before 
                awarding any covered grant to a directly eligible 
                tribe, the Secretary shall provide an opportunity to 
                each State within the boundaries of which any part of 
                such tribe is located to comment to the Secretary on 
                the consistency of the tribe's application with the 
                State's homeland security plan. Any such comments shall 
                be submitted to the Secretary concurrently with the 
                submission of the State and tribal applications.
                    ``(C) Final authority.--The Secretary shall have 
                final authority to determine the consistency of any 
                application of a directly eligible tribe with the 
                applicable State homeland security plan or plans, and 
                to approve any application of such tribe. The Secretary 
                shall notify each State within the boundaries of which 
                any part of such tribe is located of the approval of an 
                application by such tribe.
                    ``(D) Tribal liaison.--A tribal liaison designated 
                under paragraph (4)(G) shall--
                            ``(i) coordinate with Federal, State, 
                        local, regional, and private officials 
                        concerning terrorism preparedness;
                            ``(ii) develop a process for receiving 
                        input from Federal, State, local, regional, and 
                        private sector officials to assist in the 
                        development of the application of such tribe 
                        and to improve the tribe's access to covered 
                        grants; and
                            ``(iii) administer, in consultation with 
                        State, local, regional, and private officials, 
                        covered grants awarded to such tribe.
                    ``(E) Limitation on the number of direct grants.--
                The Secretary may make covered grants directly to not 
                more than 20 directly eligible tribes per fiscal year.
                    ``(F) Tribes not receiving direct grants.--An 
                Indian tribe that does not receive a grant directly 
                under this section is eligible to receive funds under a 
                covered grant from the State or States within the 
                boundaries of which any part of such tribe is located, 
                consistent with the homeland security plan of the State 
                as described in subsection (c). If a State fails to 
                pass through funds, the tribe may petition the 
                Secretary to receive payment in the same manner as a 
                local government.
            ``(7) Equipment standards.--If an applicant for a covered 
        grant proposes to upgrade or purchase, with assistance provided 
        under the grant, new equipment or systems that do not meet or 
        exceed any applicable national voluntary consensus standards, 
        the applicant shall include in the 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.

``SEC. 2004. RISK-BASED EVALUATION AND PRIORITIZATION.

    ``(a) First Responder Grants Board.--
            ``(1) Establishment of board.--The Secretary shall 
        establish a First Responder Grants Board, consisting of--
                    ``(A) the Secretary;
                    ``(B) the Under Secretary for Science and 
                Technology;
                    ``(C) the Under Secretary for Policy;
                    ``(D) the Director of the Federal Emergency 
                Management Agency;
                    ``(E) the Assistant Secretary for United States 
                Immigration and Customs Enforcement;
                    ``(F) the Chief Intelligence Officer;
                    ``(G) the Administrator of the United States Fire 
                Administration;
                    ``(H) the Department official with primary 
                responsibility for preparedness;
                    ``(I) the Department official with primary 
                responsibility for grants; and
                    ``(J) the Administrator of the Animal and Plant 
                Health Inspection Service.
            ``(2) Chairman.--
                    ``(A) In general.--The Secretary shall be the 
                Chairman of the Board.
                    ``(B) Exercise of authorities by deputy 
                secretary.--The Deputy Secretary of Homeland Security 
                may exercise the authorities of the Chairman, if the 
                Secretary so directs.
    ``(b) Functions of Board Members.--The Under Secretaries, Assistant 
Secretaries, Administrators, and other officials referred to in 
subsection (a)(1) shall seek to ensure that the relevant expertise and 
input of their staff are available to and considered by the Board.
    ``(c) Prioritization of Grant Applications.--
            ``(1) Factors to be considered.--The Board shall evaluate 
        and annually prioritize all pending applications for covered 
        grants based upon--
                    ``(A) the degree to which they would, by achieving, 
                maintaining, or enhancing the essential capabilities of 
                the applicants on a nationwide basis, lessen the threat 
                to, vulnerability of, and consequences for persons 
                (including transient commuting and tourist populations) 
                and critical infrastructure;
                    ``(B) prior acts of international terrorism;
                    ``(C) elevations in the threat alert level;
                    ``(D) the existence of significant ports of entry; 
                and
                    ``(E) the most current risk assessment available of 
                the threats of terrorism against the United States.
            ``(2) Critical infrastructure sectors.--The Board 
        specifically shall consider threats of terrorism against the 
        following critical infrastructure sectors in all areas of the 
        United States, urban and rural:
                    ``(A) Agriculture and food.
                    ``(B) Banking and finance.
                    ``(C) Chemical industries.
                    ``(D) The defense industrial base.
                    ``(E) Emergency services.
                    ``(F) Energy.
                    ``(G) Government facilities.
                    ``(H) Postal and shipping.
                    ``(I) Public health and health care.
                    ``(J) Information technology.
                    ``(K) Telecommunications.
                    ``(L) Transportation systems.
                    ``(M) Water.
                    ``(N) Dams.
                    ``(O) Commercial facilities.
                    ``(P) National monuments and icons.
        The order in which the critical infrastructure sectors are 
        listed in this paragraph shall not be construed as an order of 
        priority for consideration of the importance of such sectors.
            ``(3) Types of threat.--The Board specifically shall 
        consider the following types of threat to the critical 
        infrastructure sectors described in paragraph (2), and to 
        populations in all areas of the United States, urban and rural:
                    ``(A) Biological threats.
                    ``(B) Nuclear threats.
                    ``(C) Radiological threats.
                    ``(D) Incendiary threats.
                    ``(E) Chemical threats.
                    ``(F) Explosives.
                    ``(G) Suicide bombers.
                    ``(H) Cyber threats.
                    ``(I) Any other threats based on proximity to 
                specific past acts of terrorism or the known activity 
                of any terrorist group.
        The order in which the types of threat are listed in this 
        paragraph shall not be construed as an order of priority for 
        consideration of the importance of such threats.
            ``(4) Consideration of additional factors.--The Board shall 
        take into account any other specific threat to a population 
        (including a transient commuting or tourist population) or 
        critical infrastructure sector that the Board has determined to 
        exist. In evaluating the threat to a population or critical 
        infrastructure sector, the Board shall give greater weight to 
        threats of terrorism based upon their specificity and 
        credibility, including any pattern of repetition.
            ``(5) Risk analysis and assessment.--Prior to evaluating 
        and prioritizing all pending applications for covered grants, 
        the Board shall provide an opportunity for applicants to 
        provide information to the Board regarding the risk profile of 
        the applicants' jurisdictions.''
            ``(6) Coordination.--The Board shall coordinate with State, 
        local, regional, and tribal officials in establishing criteria 
        for evaluating and prioritizing applications for covered 
        grants.
            ``(7) Minimum amounts.--After evaluating and prioritizing 
        grant applications under paragraph (1), the Board shall ensure 
        that, for each fiscal year--
                    ``(A) each of the States, other than the Virgin 
                Islands, American Samoa, Guam, and the Northern Mariana 
                Islands, that has an approved State homeland security 
                plan receives no less than 0.25 percent of the funds 
                available for covered grants for that fiscal year for 
                purposes of implementing its homeland security plan in 
                accordance with the prioritization of needs under 
                section 2003(c)(1)(D);
                    ``(B) each of the States, other than the Virgin 
                Islands, American Samoa, Guam, and the Northern Mariana 
                Islands, that has an approved State homeland security 
                plan and that meets one or both of the additional high-
                risk qualifying criteria under paragraph (8) receives 
                no less than 0.45 percent of the funds available for 
                covered grants for that fiscal year for purposes of 
                implementing its homeland security plan in accordance 
                with the prioritization of needs under section 
                2003(c)(1)(D);
                    ``(C) the Virgin Islands, American Samoa, Guam, and 
                the Northern Mariana Islands each receives no less than 
                0.08 percent of the funds available for covered grants 
                for that fiscal year for purposes of implementing its 
                approved State homeland security plan in accordance 
                with the prioritization of needs under section 
                2003(c)(1)(D); and
                    ``(D) directly eligible tribes collectively receive 
                no less than 0.08 percent of the funds available for 
                covered grants for such fiscal year for purposes of 
                addressing the needs identified in the applications of 
                such tribes, consistent with the homeland security plan 
                of each State within the boundaries of which any part 
                of any such tribe is located, except that this clause 
                shall not apply with respect to funds available for a 
                fiscal year if the Secretary receives less than 5 
                applications for such fiscal year from such tribes 
                under section 2003(e)(6)(A) or does not approve at 
                least one such application.
            ``(8) Additional high-risk qualifying criteria.--For 
        purposes of paragraph (7)(B), additional high-risk qualifying 
        criteria consist of--
                    ``(A) having a significant international land 
                border; or
                    ``(B) adjoining a body of water within North 
                America through which an international boundary line 
                extends.
    ``(d) Effect of Regional Awards on State Minimum.--Any regional 
award, or portion thereof, provided to a State under section 
2003(e)(5)(C) shall not be considered in calculating the minimum State 
award under subsection (c)(7) of this section.

``SEC. 2005. USE OF FUNDS.

    ``(a) In General.--A covered grant may be used for--
            ``(1) purchasing or upgrading equipment, including computer 
        software, to enhance terrorism preparedness;
            ``(2) exercises to strengthen terrorism preparedness;
            ``(3) training for prevention (including detection) of, 
        preparedness for, response to, or recovery from attacks 
        involving weapons of mass destruction, including training in 
        the use of equipment and computer software;
            ``(4) developing or updating State homeland security plans, 
        risk assessments, mutual aid agreements, and emergency 
        management plans to enhance terrorism preparedness;
            ``(5) establishing or enhancing mechanisms for sharing 
        terrorism threat information;
            ``(6) systems architecture and engineering, program 
        planning and management, strategy formulation and strategic 
        planning, life-cycle systems design, product and technology 
        evaluation, and prototype development for terrorism 
        preparedness purposes;
            ``(7) additional personnel costs resulting from--
                    ``(A) elevations in the threat alert level of the 
                Homeland Security Advisory System by the Secretary, or 
                a similar elevation in threat alert level issued by a 
                State, region, or local government with the approval of 
                the Secretary;
                    ``(B) travel to and participation in exercises and 
                training in the use of equipment and on prevention 
                activities; and
                    ``(C) the temporary replacement of personnel during 
                any period of travel to and participation in exercises 
                and training in the use of equipment and on prevention 
                activities;
            ``(8) the costs of equipment (including software) required 
        to receive, transmit, handle, and store classified information;
            ``(9) the costs of commercially available interoperable 
        communications equipment (which, where applicable, is based on 
        national, voluntary consensus standards) that the Secretary, in 
        consultation with the Chairman of the Federal Communications 
        Commission, deems best suited to facilitate interoperability, 
        coordination, and integration between and among emergency 
        communications systems, and that complies with prevailing grant 
        guidance of the Department for interoperable communications;
            ``(10) educational curricula development for first 
        responders to ensure that they are prepared for terrorist 
        attacks;
            ``(11) training and exercises to assist public elementary 
        and secondary schools in developing and implementing programs 
        to instruct students regarding age-appropriate skills to 
        prevent, prepare for, respond to, mitigate against, or recover 
        from an act of terrorism;
            ``(12) paying of administrative expenses directly related 
        to administration of the grant, except that such expenses may 
        not exceed 3 percent of the amount of the grant;
            ``(13) paying for the conduct of any activity permitted 
        under the Law Enforcement Terrorism Prevention Program, or any 
        such successor to such program; and
            ``(14) other appropriate activities as determined by the 
        Secretary.
    ``(b) Prohibited Uses.--Funds provided as a covered grant may not 
be used--
            ``(1) to supplant State or local funds;
            ``(2) to construct buildings or other physical facilities, 
        including barriers, fences, gates, and other such devices 
        intended for the protection of critical infrastructure against 
        potential attack, except those that are constructed under terms 
        and conditions consistent with the requirements of section 
        611(j)(8) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5196(j)(8)), and the cost 
        of which does not exceed the greater of--
                    ``(A) $1,000,000 per project; or
                    ``(B) such greater amount as may be approved by the 
                Secretary, which may not exceed 10 percent of the total 
                amount of the covered grant;
            ``(3) to acquire land; or
            ``(4) for any State or local government cost sharing 
        contribution.
    ``(c) Personnel Costs.--A State and local government may use a 
covered grant to pay costs of personnel dedicated exclusively to 
counterterrorism and intelligence activities (including detection of, 
collection and analysis of intelligence relating to, investigation of, 
prevention of, and interdiction of suspected terrorist activities), if 
the hiring of such personnel is consistent with an applicable State 
homeland security plan.''
    ``(d) Multiple-Purpose Funds.--Nothing in this section shall be 
construed to preclude State and local governments from using covered 
grant funds in a manner that also enhances first responder preparedness 
for emergencies and disasters unrelated to acts of terrorism, if such 
use assists such governments in achieving essential capabilities for 
terrorism preparedness established by the Secretary.
    ``(e) Reimbursement of Costs.--(1) In addition to the activities 
described in subsection (a), a covered grant may be used to provide a 
reasonable stipend to paid-on-call or volunteer first responders who 
are not otherwise compensated for travel to or participation in 
training covered by this section. Any such reimbursement shall not be 
considered compensation for purposes of rendering such a first 
responder an employee under the Fair Labor Standards Act of 1938 (29 
U.S.C. 201 et seq.).
    ``(2) An applicant for a covered grant may petition the Secretary 
for the reimbursement of the cost of any activity relating to 
prevention (including detection) of, preparedness for, response to, or 
recovery from 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 (or both) under agreement with a Federal agency.
    ``(f) Assistance Requirement.--The Secretary may not require that 
equipment paid for, wholly or in part, with funds provided as a covered 
grant be made available for responding to emergencies in surrounding 
States, regions, and localities, unless the Secretary undertakes to pay 
the costs directly attributable to transporting and operating such 
equipment during such response.
    ``(g) Cost Sharing.--
            ``(1) In general.--The Federal share of the costs of an 
        activity carried out with a covered grant to a State, region, 
        or directly eligible tribe awarded after the 2-year period 
        beginning on the date of the enactment of this section shall 
        not exceed 75 percent.
            ``(2) Interim rule.--The Federal share of the costs of an 
        activity carried out with a covered grant awarded before the 
        end of the 2-year period beginning on the date of the enactment 
        of this section shall be 100 percent.
            ``(3) In-kind matching.--Each recipient of a covered grant 
        may meet the matching requirement under subparagraph (A) by 
        making in-kind contributions of goods or services that are 
        directly linked with the purpose for which the grant is made, 
        as determined by the Secretary, including any necessary 
        personnel overtime, contractor services, administrative costs, 
        equipment fuel and maintenance, and rental space''.
    (b) Definition of Emergency Response Providers.--Paragraph (6) of 
section 2 of the Homeland Security Act of 2002 (Public Law 107-296; 6 
U.S.C. 101(6)) is amended by striking ``includes'' and all that follows 
and inserting ``includes Federal, State, and local governmental and 
nongovernmental emergency public safety, law enforcement, fire, 
emergency response, emergency medical (including hospital emergency 
facilities), and related personnel, organizations, agencies, and 
authorities.''.
    (c) Superseded Provision.--This section supersedes section 
1014(c)(3) of Public Law 107-56.

SEC. 802. AUTHORIZATION OF APPROPRIATIONS.

    Of the amount authorized to be appropriated under section 101 for 
fiscal year 2007, $2,900,000,000 is for making covered grants (as that 
term is defined in section 2001 of the Homeland Security Act of 2002, 
as added by section 801 for that fiscal year.

                   TITLE IX--TRANSPORTATION SECURITY

          Subtitle A--Rail and Public Transportation Security

SEC. 901. TRANSPORTATION SECURITY.

    (a) In General.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is amended by adding at the end the following new 
subtitle:

                 ``Subtitle G--Transportation Security

``SEC. 481. RAIL AND PUBLIC TRANSPORTATION VULNERABILITY ASSESSMENTS 
              AND SECURITY PLANS.

    ``(a) In General.--
            ``(1) Requirement.--Not later than 1 year after the date of 
        enactment of this subtitle, the Secretary, acting through the 
        Transportation Security Administration, shall promulgate 
        regulations that--
                    ``(A) establish standards, protocols, and 
                procedures for vulnerability assessments and security 
                plans for rail and public transportation systems;
                    ``(B) require a designated rail or public 
                transportation system owner or operator (as designated 
                under subsection (b)) to--
                            ``(i) conduct an assessment of the 
                        vulnerability of the rail or public 
                        transportation system to an act of terrorism; 
                        and
                            ``(ii) prepare and implement a security 
                        plan that addresses the vulnerabilities 
                        identified in the vulnerability assessment; and
                    ``(C) set deadlines of no later than 2 years after 
                the promulgation of the regulations for the completion 
                of vulnerability assessments and security plans.
            ``(2) Consultation.--In promulgating the regulations under 
        paragraph (1) the Secretary shall consult with the Department 
        of Transportation and other appropriate Federal agencies.
    ``(b) Designated Rail or Public Transportation System.--For the 
purposes of this subtitle, the term `designated rail or public 
transportation system' means--
            ``(1) a heavy rail, light rail, commuter rail, or other 
        freight or passenger rail system, including Federal and 
        government sponsored entities;
            ``(2) a ferry system; or
            ``(3) an intracity or intercity bus system.
    ``(c) Vulnerability Assessments.--
            ``(1) Requirements.--For a rail or public transportation 
        system designated under subsection (b), the Secretary shall 
        provide assistance and guidance in conducting vulnerability 
        assessments and shall require that the vulnerability 
        assessments include at a minimum--
                    ``(A) identification and evaluation of critical 
                infrastructure and assets, including subway platforms, 
                rail, bus, and ferry terminals, rail tunnels, rail 
                bridges, rail switching and storage areas, and 
                information systems; and
                    ``(B) identification of vulnerabilities to the 
                infrastructure and assets identified under subparagraph 
                (A) in--
                            ``(i) physical security;
                            ``(ii) passenger and commuter security;
                            ``(iii) programmable electronic devices, 
                        computers, computer or communications networks, 
                        or other automated systems which are used by 
                        the rail or public transportation system;
                            ``(iv) alarms, cameras and other protection 
                        systems;
                            ``(v) communications systems;
                            ``(vi) utilities;
                            ``(vii) contingency response; and
                            ``(viii) other areas as determined by the 
                        Secretary.
            ``(2) Threat information.--
                    ``(A) The vulnerability assessments under paragraph 
                (1) shall incorporate any threat information as 
                provided by the Secretary, and any other threat 
                information relevant to the vulnerability of the rail 
                or public transportation system.
                    ``(B) The Secretary shall provide in a timely 
                manner, to the maximum extent practicable under 
                applicable authority and in the interests of national 
                security, to the rail or public transportation system 
                subject to the requirements in paragraph (1), threat 
                information that is relevant to that rail or public 
                transportation system, including an assessment of the 
                most likely method that could be used by terrorists to 
                exploit vulnerabilities, and their likelihood of 
                success.
    ``(d) Security Plans.--
            ``(1) Requirements.--For a rail or public transportation 
        system designated under subsection (b), the Secretary shall 
        provide assistance and guidance in preparing and implementing 
        security plans and shall require that the security plan include 
        at a minimum--
                    ``(A) security measures to address the 
                vulnerabilities identified in the vulnerability 
                assessment required under subsection (c);
                    ``(B) plans for periodic drills and exercises that 
                include participation by local law enforcement agencies 
                and first responders as appropriate;
                    ``(C) equipment, plans, and procedures to be 
                implemented or used by the rail or public 
                transportation system in response to a terrorist 
                attack, including evacuation and passenger 
                communication plans;
                    ``(D) identification of steps taken with State and 
                local law enforcement agencies, first responders, and 
                Federal officials to coordinate security measures and 
                plans for response to a terrorist attack;
                    ``(E) a description of training and exercises for 
                employees of a rail or public transportation system, 
                which includes, as appropriate, a strategy or timeline 
                for training;
                    ``(F) enhanced security measures to be taken when 
                the Secretary declares a period of heightened security 
                risk; and
                    ``(G) other actions or procedures the Secretary 
                determines are appropriate to address the vulnerability 
                of a rail or public transportation system to a 
                terrorist attack.
            ``(2) Consistency with other plans.--Security plans shall 
        be consistent with the requirements of the National 
        Infrastructure Protection Plan (including any Transportation 
        Sector Specific Plan) and the National Strategy for 
        Transportation Security.
    ``(e) Existing Procedures, Protocols, and Standards.--
            ``(1) Determination.--In response to a petition by a 
        person, or at the discretion of the Secretary, the Secretary 
        may endorse or recognize existing procedures, protocols, and 
        standards that the Secretary determines to meet all or part of 
        the requirements of this subtitle regarding vulnerability 
        assessments and security plans.
            ``(2) Requirements.--Upon review and written determination 
        by the Secretary that existing procedures, protocols, or 
        standards for a rail or public transportation system satisfy 
        some or all of the requirements of this subtitle, any rail or 
        public transportation system may elect to comply with those 
        procedures, protocols, or standards.
            ``(3) Partial approval.--If the Secretary finds that the 
        existing procedures, protocols, and standards satisfy only part 
        of the requirements of this subtitle, he may accept those 
        submissions, but shall require submission of any additional 
        information relevant to vulnerability assessments and security 
        plans to ensure that the requirements of this subtitle are 
        fulfilled.
            ``(4) Notification.--If the Secretary does not endorse or 
        recognize particular procedures, protocols, and standards, the 
        Secretary shall provide to each person that submitted a 
        petition under paragraph (1) a written notification that 
        includes an explanation of the reasons why the endorsement or 
        recognition was not made.
    ``(f) Co-Located Facilities.--The Secretary shall permit the 
development and implementation of coordinated vulnerability assessments 
and security plans, at the discretion of a rail or public 
transportation system owner or operator, to the extent two or more rail 
or public transportation systems have shared facilities, such as 
tunnels, bridges, or stations, or facilities that are geographically 
close or otherwise co-located.
    ``(g) Enforcement.--Regulations promulgated under this section may 
be enforced by the Secretary through penalties authorized under section 
114(u) of title 49, United States Code.

``SEC. 482. NATIONAL RAIL AND PUBLIC TRANSPORTATION SECURITY PLAN.

    ``(a) In General.--The Secretary shall develop and implement, and 
update as appropriate, a supplement to the National Strategy for 
Transportation Security required under section 114(t) of title 49, 
United States Code to be entitled the `National Rail and Public 
Transportation Security Plan'.
    ``(b) Included Elements.--The supplement required under subsection 
(a) shall--
            ``(1) include a description of the roles, responsibilities, 
        and authorities of Federal, State, and local agencies, 
        designated Federal and government sponsored entities, tribal 
        governments, and appropriate rail and public transportation 
        stakeholders, including nonprofit employee organizations that 
        represent rail and public transportation system employees;
            ``(2) identify and address gaps and unnecessary overlaps in 
        the roles, responsibilities, or authorities described in 
        paragraph (1);
            ``(3) identify and make recommendations regarding 
        legislative, regulatory, and organizational changes necessary 
        to improve coordination among the entities described in 
        paragraph (1) to enhance the security of rail and public 
        transportation systems;
            ``(4) provide measurable goals, including objectives, 
        mechanisms and a schedule, for enhancing the security of rail 
        and public transportation systems;
            ``(5) include a process for sharing intelligence and 
        information with the entities described in paragraph (1);
            ``(6) include a process for expediting security clearances 
        to facilitate intelligence and information sharing with the 
        entities described in paragraph (1);
            ``(7) describe current and future public outreach and 
        educational initiatives designed to inform the public how to 
        prevent, prepare for and respond to a terrorist attack on rail 
        and public transportation systems;
            ``(8) include a framework for resuming the operation of 
        rail and public transportation systems as soon as possible in 
        the event of an act of terrorism;
            ``(9) include a strategy and timeline for the Department 
        and other appropriate Federal agencies to research and develop 
        new technologies, including advanced technologies with long 
        term research and development timelines for securing rail and 
        public transportation systems;
            ``(10) build on available resources and consider costs and 
        benefits;
            ``(11) describe how the Department has reviewed the 
        previous attacks on rail and public transportation systems 
        throughout the world in the last 10 years, the lessons learned 
        from this review, and how these lessons inform current and 
        future efforts to secure rail and public transportation 
        systems; and
            ``(12) expand upon, leverage, and relate to existing 
        strategies and plans, including the National Infrastructure 
        Protection Plan required by Homeland Security Presidential 
        Directive-7.

``SEC. 483. RAIL AND PUBLIC TRANSPORTATION STRATEGIC INFORMATION 
              SHARING PLAN.

    ``(a) In General.--The Secretary, in consultation with the 
Secretary of Transportation, shall develop and submit to the 
appropriate congressional committees no later than 90 days after the 
enactment of this subtitle a Rail and Public Transportation Strategic 
Information Sharing Plan to ensure the robust development of both 
tactical and strategic intelligence products pertaining to the threats 
and vulnerabilities to rail and public transportation systems for 
dissemination to Federal, State, and local agencies; tribal 
governments; and appropriate rail and public transportation 
stakeholders.
    ``(b) Content of Plan.--The plan required under subsection (a) 
shall include--
            ``(1) a description of how intelligence analysts in the 
        Transportation Security Administration are coordinating with 
        other intelligence analysts in the Department and other 
        Federal, State, and local agencies;
            ``(2) deadlines for the completion of any organizational 
        changes within the Department to accommodate implementation of 
        the plan; and
            ``(3) a description of resource needs for fulfilling the 
        plan.
    ``(c) Updates.--
            ``(1) After the plan is provided under subsection (a), the 
        Secretary shall certify to the appropriate congressional 
        committees when the plan has been fully implemented.
            ``(2) After the Secretary provides the certification under 
        paragraph (1), the Secretary shall provide a report to the 
        appropriate congressional committees each year thereafter on 
        the following:
                    ``(A) The number and brief description of each rail 
                and public transportation intelligence report created 
                and disseminated under the plan.
                    ``(B) The classification of each report as tactical 
                or strategic.
                    ``(C) The numbers of different government, law 
                enforcement, and private sector partners who were 
                provided with each intelligence product.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting at the end of the items relating to 
title IV the following:

                 ``Subtitle G--Transportation Security

``Sec. 481. Rail and public transportation vulnerability assessments 
                            and security plans.
``Sec. 482. National rail and public transportation security plan.
``Sec. 483. Rail and public transportation strategic information 
                            sharing plan.''.

SEC. 902. RULEMAKING REQUIREMENTS.

    (a) Interim Final Rule Authority.--The Secretary of Homeland 
Security shall issue an interim final rule as a temporary regulation 
implementing section 481 of the Homeland Security Act of 2002, as added 
by section 901 of this title, as soon as practicable after the date of 
enactment of this Act, without regard to the provisions of chapter 5 of 
title 5, United States Code. All regulations prescribed under the 
authority of this subsection that are not earlier superseded by final 
regulations shall expire not later than 1 year after the date of 
enactment of this Act.
    (b) Initiation of Rulemaking.--The Secretary of Homeland Security 
may initiate a rulemaking to implement section 481 of the Homeland 
Security Act of 2002, as added by section 901 of this title, as soon as 
practicable after the date of enactment of this Act. The final rule 
issued pursuant to that rulemaking may supersede the interim final rule 
promulgated under this section.

SEC. 903. RAIL AND PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

    (a) Amendment.--Subtitle A of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 361) is amended by adding at the end the 
following new section:

``SEC. 802. RAIL AND PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

    ``(a) In General.--The Secretary, acting through the appropriate 
Department official with primary responsibility for training programs, 
and in coordination with the Transportation Security Administration, 
shall develop and issue detailed guidance for a rail and public 
transportation worker security training program for the purpose of 
enhancing the capabilities of rail and public transportation workers, 
including front-line transit employees such as bus and rail operators, 
mechanics, customer service employees, maintenance employees, transit 
police, emergency response providers, and security personnel, to 
prevent, prepare for, respond to, mitigate against, and recover from 
threatened or actual acts of terrorism.
    ``(b) Program Elements.--The guidance developed under subsection 
(a) shall provide a program that--
            ``(1) includes, at a minimum, elements that address--
                    ``(A) determination of the seriousness of any 
                occurrence;
                    ``(B) crew and passenger communication and 
                coordination;
                    ``(C) recognition of suspicious behavior or actions 
                and appropriate response;
                    ``(D) use of protective devices;
                    ``(E) evacuation procedures (including passengers, 
                workers, and those with disabilities);
                    ``(F) training exercises regarding various threat 
                conditions, including tunnel evacuation procedures; and
                    ``(G) any other subject the Secretary considers 
                appropriate;
            ``(2) is consistent with, and supports implementation of, 
        the National Incident Management System, the National Response 
        Plan, the National Infrastructure Protection Plan, the National 
        Preparedness Guidance, the National Preparedness Goals, and 
        other national initiatives;
            ``(3) considers existing training programs including 
        Federal or industry programs; and
            ``(4) is evaluated against clear and consistent performance 
        measures.
    ``(c) National Voluntary Consensus Standards.--The Secretary 
shall--
            ``(1) support the development, promulgation, and regular 
        updating as necessary of national voluntary consensus standards 
        for rail and public transportation security training; and
            ``(2) ensure that the training provided under this section 
        is consistent with such standards.
    ``(d) Training Partners.--In developing and delivering training 
under the program under this section, the Secretary shall--
            ``(1) work with government training facilities, academic 
        institutions, industry and private organizations, employee 
        organizations, and other relevant entities that provide 
        specialized, state-of-the-art training; and
            ``(2) utilize, as appropriate, training provided by 
        industry, public safety academies, State and private colleges 
        and universities, and other facilities.
    ``(e) Updates.--The Secretary shall regularly update the training 
guidance issued under subsection (a) to reflect new or different 
security threats.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by 
inserting after the item relating to section 801 the following:

``Sec. 802. Rail and public transportation security training 
                            program.''.

SEC. 904. INTERAGENCY COOPERATION.

    The Secretary of Homeland Security shall consider whether in 
fulfilling the requirements of this title, in order to promote 
communications, efficiency, and nonduplication of effort, memoranda of 
agreement should be updated or executed with other Federal agencies, 
including the Department of Transportation, or between entities of the 
Department and other Federal entities, including between the 
Transportation Security Administration and the Federal Transit 
Administration, the Pipeline and Hazardous Materials Safety 
Administration, and the Federal Railroad Administration.

SEC. 905. RAIL AND PUBLIC TRANSPORTATION SECURITY GRANT PROGRAM.

    (a) Amendment.--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 new 
section:

``SEC. 513. RAIL AND PUBLIC TRANSPORTATION SECURITY GRANT PROGRAM.

    ``(a) Grants Authorized.--The Secretary, acting through the 
Department official with primary responsibility for grants and 
training, shall establish a grant program to allocate Federal homeland 
security assistance administered by the Department to United States 
rail and public transportation systems designated under section 481 on 
the basis of risk and need.
    ``(b) Prioritization Process.--In awarding grants under this 
section, the Secretary shall conduct an assessment of United States 
rail and public transportation systems to develop a prioritization for 
awarding grants authorized under subsection (a) based upon--
            ``(1) the most current risk assessment available from the 
        Department, incorporating threat, vulnerability, and 
        consequence analysis;
            ``(2) the national economic and strategic defense 
        considerations of individual rail and public transportation 
        systems; and
            ``(3) any other factors that the Secretary determines to be 
        appropriate.
    ``(c) Application.--
            ``(1) In general.--Any rail or public transportation 
        security system subject to the requirements of section 481 may 
        submit an application for a grant under this section, at such 
        time, in such form, and containing such information and 
        assurances as the Secretary may require.
            ``(2) Minimum standards for payment or reimbursement.--Each 
        application submitted under paragraph (1) shall include--
                    ``(A) a comprehensive description of--
                            ``(i) the purpose of the project for which 
                        the applicant seeks a grant under this section 
                        and why the applicant needs the grant;
                            ``(ii) the applicability of the project to 
                        the security plan prepared under section 481 
                        and other homeland security plans;
                            ``(iii) any existing cooperation or mutual 
                        aid agreements with other rail or public 
                        transportation systems, organizations, or 
                        State, and local governments as such agreements 
                        relate to rail and public transportation 
                        security; and
                            ``(iv) a capital budget showing how the 
                        applicant intends to allocate and expend the 
                        grant funds; and
                    ``(B) a determination by the Transportation 
                Security Administration that the project--
                            ``(i) addresses or corrects rail and public 
                        transportation security vulnerabilities; and
                            ``(ii) helps to ensure compliance with the 
                        security plan prepared under section 481.
            ``(3) Procedural safeguards.--The Secretary, in 
        consultation with the Office of the Inspector General and the 
        Department official with primary responsibility for grants and 
        training, shall issue guidelines to establish appropriate 
        accounting, reporting, and review procedures to ensure that--
                    ``(A) grant funds are used for the purposes for 
                which they were made available;
                    ``(B) grantees have properly accounted for all 
                expenditures of grant funds; and
                    ``(C) grant funds not used for such purposes and 
                amounts not obligated or expended are returned.
    ``(d) Use of Funds.--Grants awarded under this section may be 
used--
            ``(1) to help implement security plans prepared under 
        section 481;
            ``(2) to remedy rail and public transportation security 
        vulnerabilities identified through vulnerability assessments 
        approved by the Secretary;
            ``(3) for non-Federal projects contributing to the overall 
        security of a rail or public transportation security system, as 
        determined by the Secretary;
            ``(4) for the salaries, benefits, overtime compensation, 
        and other costs of additional security personnel for State and 
        local agencies for activities required by the security plan 
        prepared under section 481;
            ``(5) for the cost of acquisition, operation, and 
        maintenance of equipment that contributes to the overall 
        security of the rail and public transportation security system, 
        if the need is based upon vulnerability assessments approved by 
        the Secretary or identified in a security plan prepared under 
        section 481;
            ``(6) to conduct vulnerability assessments approved by the 
        Secretary;
            ``(7) to purchase or upgrade equipment, including 
        communications equipment that is interoperable with Federal, 
        State, and local agencies and tribal governments; and computer 
        software, to enhance terrorism preparedness;
            ``(8) to conduct exercises or training for prevention and 
        detection of, preparedness for, response to, or recovery from 
        acts of terrorism;
            ``(9) to establish or enhance mechanisms for sharing 
        terrorism threat information and to ensure that the mechanisms 
        are interoperable with Federal, State, and local agencies and 
        tribal governments;
            ``(10) for the cost of equipment (including software) 
        required to receive, transmit, handle, and store classified 
        information; and
            ``(11) for the protection of critical infrastructure 
        against potential attack by the addition of barriers, fences, 
        gates, and other such devices, except that the cost of such 
        measures may not exceed the greater of--
                    ``(A) $1,000,000 per project; or
                    ``(B) such greater amount as may be approved by the 
                Secretary, which may not exceed 10 percent of the total 
                amount of the grant.
    ``(e) Reimbursement of Costs.--An applicant for a grant under this 
section may petition the Secretary for the reimbursement of the cost of 
any activity relating to prevention (including detection) of, 
preparedness for, response to, or recovery from 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 (or both) under 
agreement with a Federal agency.
    ``(f) Prohibited Uses.--Grants awarded under this section may not 
be used to--
            ``(1) supplant State or local funds for activities of the 
        type described in subsection (d);
            ``(2) to construct buildings or other physical facilities, 
        including barriers, fences, gates, and other such devices 
        intended for the protection of critical infrastructure against 
        potential attack, except those that are constructed under terms 
        and conditions consistent with the requirements of section 
        611(j)(8) of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5196(j)(8)), and the cost 
        of which does not exceed the greater of--
                    ``(A) $1,000,000 per project; or
                    ``(B) such greater amount as may be approved by the 
                Secretary, which may not exceed 10 percent of the total 
                amount of the covered grant;
            ``(3) acquire land; or
            ``(4) make any State or local government cost-sharing 
        contribution.
    ``(g) Matching Requirement.--
            ``(1) In general.--Except as provided in subparagraph (A) 
        or (B) of paragraph (2), Federal funds for any eligible project 
        under this section shall not exceed 75 percent of the total 
        cost of such project.
            ``(2) Exceptions.--
                    ``(A) Small projects.--The requirement of paragraph 
                (1) shall not apply with respect to a project with a 
                total cost of not more than $25,000.
                    ``(B) Higher level of federal support required.--
                The requirement of paragraph (1) shall not apply with 
                respect to a project if the Secretary determines that 
                the project merits support and cannot be undertaken 
                without a higher rate of Federal support than the rate 
                described in paragraph (1).
            ``(3) In-kind contributions.--Each recipient of a grant 
        under this section may meet the requirement of paragraph (1) by 
        making in-kind contributions of goods or services that are 
        directly linked with the purpose for which the grant is made, 
        as determined by the Secretary, including any necessary 
        personnel expenses, contractor services, administrative costs, 
        equipment, fuel, or maintenance, and rental space.
    ``(h) Multiple Phase Projects.--
            ``(1) In general.--The Secretary may award grants under 
        this section for projects that span multiple years.
            ``(2) Funding limitation.--Not more than 20 percent of the 
        total grant funds awarded under this section in any fiscal year 
        may be awarded for projects that span multiple years.
    ``(i) Consistency With Plans.--The Secretary shall ensure that each 
grant awarded under this section--
            ``(1) is used to supplement and support, in a consistent 
        and coordinated manner, the applicable security plan; and
            ``(2) is consistent and coordinated with any applicable 
        State or Urban Area Homeland Security Plan.
    ``(j) Coordination and Cooperation.--The Secretary shall ensure 
that all projects that receive grant funding under this section within 
any area defined in an Urban Area Homeland Security Plan are 
coordinated with other projects in such area.
    ``(k) Review and Audits.--The Secretary shall require all grantees 
under this section to maintain such records as the Secretary may 
require and make such records available for review and audit by the 
Secretary, the Comptroller General of the United States, or the 
Inspector General of the Department.
    ``(l) Quarterly Reports Required as a Condition of Homeland 
Security Grants.--
            ``(1) Expenditure reports required.--As a condition of 
        receiving a grant under this section, the Secretary shall 
        require the grant recipient to submit quarterly reports to the 
        Secretary that describe each expenditure made by the recipient 
        using grant funds.
            ``(2) Deadline for reports.--Each report required under 
        paragraph (1) shall be submitted not later than 30 days after 
        the last day of a fiscal quarter and shall describe 
        expenditures made during that fiscal quarter.
            ``(3) Publication of expenditures.--
                    ``(A) In general.--Not later than 1 week after 
                receiving a report under this subsection, the Secretary 
                shall publish and make publicly available on the 
                Internet website of the Department a description of 
                each expenditure described in the report.
                    ``(B) Waiver.--The Secretary may waive the 
                requirement of subparagraph (A) if the Secretary 
                determines that it is in the national security 
                interests of the United States to do so.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by adding 
at the end of the items relating to title V the following:

``Sec. 513. Rail and public transportation security grant program.''.

SEC. 906. RAIL AND PUBLIC TRANSPORTATION SECURITY EXERCISE PROGRAM.

    (a) Subtitle A of title VIII of the Homeland Security Act of 2002 
(6 U.S.C. 361) is amended by adding at the end the following new 
section:

``SEC. 803. RAIL AND PUBLIC TRANSPORTATION SECURITY EXERCISE PROGRAM.

    ``(a) In General.--The Secretary, acting through the Department 
official with primary responsibility for grants and training, shall 
establish a Rail and Public Transportation Security Exercise Program 
(hereinafter in this section referred to as the `Program') for the 
purpose of testing and evaluating the capabilities of Federal, State, 
and local agencies and tribal governments, rail and public 
transportation system employees and management, governmental and 
nongovernmental emergency response providers, the private sector, or 
any other organization or entity, as the Secretary determines to be 
appropriate, to prevent, prepare for, mitigate against, respond to, and 
recover from acts of terrorism, natural disasters, and other 
emergencies at rail and public transportation systems.
    ``(b) Requirements.--The Secretary, acting through the Department 
official with primary responsibility for grants and training, and in 
coordination with the Assistant Secretary of Homeland Security 
(Transportation Security Administration), shall ensure that the 
Program--
            ``(1) consolidates all existing rail and public 
        transportation system security exercise programs administered 
        by the Department;
            ``(2) conducts, on a periodic basis, exercises at rail and 
        public transportation systems that are--
                    ``(A) scaled and tailored to the needs of each rail 
                and public transportation system;
                    ``(B) live in the case of the most at-risk rail and 
                public transportation systems;
                    ``(C) as realistic as practicable and based on 
                current risk assessments, including credible threats, 
                vulnerabilities, and consequences;
                    ``(D) 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;
                    ``(E) evaluated against clear and consistent 
                performance measures;
                    ``(F) assessed to learn best practices, which shall 
                be shared with appropriate Federal, State, local and 
                tribal officials, rail and public transportation system 
                employees and management; governmental and 
                nongovernmental emergency response providers, and the 
                private sector; and
                    ``(G) followed by remedial action in response to 
                lessons learned; and
            ``(3) assists State and local governments and rail and 
        public transportation systems in designing, implementing, and 
        evaluating exercises that--
                    ``(A) conform to the requirements of paragraph (2); 
                and
                    ``(B) are consistent with any applicable State or 
                Urban Area Homeland Security Plan.
    ``(c) Remedial Action Management System.--The Secretary, acting 
through the Department official with primary responsibility for grants 
and training, shall establish a Remedial Action Management System to--
            ``(1) identify and analyze each rail and public 
        transportation system exercise for lessons learned and best 
        practices;
            ``(2) disseminate lessons learned and best practices to 
        participants in the Program;
            ``(3) monitor the implementation of lessons learned and 
        best practices by participants in the Program; and
            ``(4) conduct remedial action tracking and long-term trend 
        analysis.
    ``(d) Grant Program Factor.--In evaluating and prioritizing 
applications for Federal financial assistance under section 513, the 
Secretary shall give additional consideration to those applicants that 
have conducted rail and public transportation security exercises under 
this section.
    ``(e) Consultation.--The Secretary shall ensure that, in carrying 
out the Program, the Department official with primary responsibility 
for grants and training shall consult with--
            ``(1) a geographic and substantive cross section of 
        governmental and nongovernmental emergency response providers; 
        and
            ``(2) rail and public transportation system personnel and 
        management.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (116 Stat. 2135) is amended by 
inserting after the item relating to section 802 the following:

``Sec. 803. Rail and public transportation security exercise 
                            program.''.

SEC. 907. AUTHORIZATION OF APPROPRIATIONS.

    Of the amount authorized under section 101, there is authorized to 
be appropriated for fiscal year 2007 for grants and assistance to 
improve mass transit security, $400,000,000.

      Subtitle B--Transportation Security Operations Enhancements

SEC. 911. AVIATION SECURITY FUNDING.

    Section 48301 of title 49, United States Code, is amended to read 
as follows:
``Sec. 48301. Aviation security funding
    ``There are authorized to be appropriated for fiscal years 2006, 
2007, 2008, 2009, and 2010 such sums as may be necessary to carry out 
chapter 449 and related aviation security activities under this 
title.''.

SEC. 912. RESEARCH AND DEVELOPMENT OF TRANSPORTATION SECURITY 
              TECHNOLOGY.

    Section 137 of the Aviation and Transportation Security Act (49 
U.S.C. 44912 note; 115 Stat. 637) is amended--
            (1) in the first sentence of subsection (a) by striking 
        ``2002 through 2006'' and inserting ``2006 through 2010'';
            (2) in the first sentence of subsection (a) by striking 
        ``aviation'' and inserting ``transportation'';
            (3) by striking in the second sentence of subsection (a) 
        ``2002 and 2003'' and inserting ``2006 through 2010'';
            (4) by striking in the first sentence of subsection (a)(4) 
        ``aircraft'' and inserting ``transportation vehicles'';
            (5) in subsection (a)(5)--
                    (A) by striking ``airport'' and inserting 
                ``transportation''; and
                    (B) by inserting after ``airports'' the following: 
                ``and other transportation terminals and ports'';
            (6) in subsection (a)(6) by striking ``airport'' and 
        inserting ``transportation'';
            (7) in subsection (a)(7)--
                    (A) by striking ``evaluation of aircraft'' and 
                inserting ``evaluation of conveyance''; and
                    (B) by striking ``vulnerability of aircraft'' and 
                inserting ``vulnerability of conveyances''; and
            (8) in the first sentence of subsection (b) by striking 
        ``Transportation Security Administration'' and inserting 
        ``Department of Homeland Security''.

SEC. 913. ENFORCEMENT AUTHORITY IN NONAVIATION TRANSPORTATION.

    (a) Section 114 of title 49, United States Code, is amended by 
adding at the end the following:
    ``(u) Civil Penalties and Enforcement of Regulations and Orders of 
the Secretary of Homeland Security Under This Title Other Than Chapter 
449.--
            ``(1) Application.--This subsection applies to the 
        enforcement of regulations prescribed, and orders issued, by 
        the Secretary of Homeland Security under this title (other than 
        chapter 449). Penalties for violation 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.
            ``(2) General penalty.--(A) 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) A separate violation occurs under this paragraph for 
        each day the violation continues.
            ``(3) Administrative imposition of civil penalties.--(A) 
        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) In a civil action to collect a civil penalty imposed 
        by the Secretary under this paragraph, the issues of liability 
        and the amount of the penalty may not be reexamined.
            ``(C) Notwithstanding subparagraph (a) of this paragraph, 
        the district courts of the United States have exclusive 
        jurisdiction of a civil action involving a penalty that the 
        secretary initiates 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) The maximum penalty the Secretary 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.
            ``(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.--The provisions set 
        forth in chapter 461 of this title shall be applicable to 
        investigations and proceedings brought under this subsection to 
        the same extent that they are applicable to investigations and 
        proceedings brought with respect to aviation security duties 
        designated to be carried out by the Secretary.
            ``(6) Nonapplication.--Paragraphs (1) through (4) of this 
        subsection do not apply to the following persons, who shall be 
        subject to penalties as determined by the Secretary of Defense 
        or the designee of the Secretary of Defense:
                    ``(A) The transportation of personnel or shipments 
                of materials by contractors where the Department of 
                Defense has assumed control and responsibility.
                    ``(B) A member of the armed forces of the United 
                States when performing official duties.
                    ``(C) A civilian employee of the Department of 
                Defense when performing official duties.
            ``(7) Limitation.--For purposes of this subsection, the 
        term `person' does not include an employee of the United States 
        Postal Service when performing official duties.
            ``(8) Small business concern defined.--For purposes of this 
        subsection, the term `small business concern' has the meaning 
        given that term in section 3 of the Small Business Act (15 
        U.S.C. 632).''.
    (b) 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. 914. LIABILITY FOR SECURITY SCREENING INSPECTIONS.

    Section 44901 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(i) Liability for Security Screening Inspections.--
            ``(1) Limitation for good faith inspections.--No officer or 
        employee of the United States inspecting any person or property 
        pursuant to section 44901 or 44903 shall be held liable for any 
        civil damages as a result of such inspection if the officer or 
        employee performed the inspection in good faith.
            ``(2) Limitation on statutory construction.--Nothing in 
        this subsection shall be construed to impair any defense 
        otherwise available to an officer or employee described in 
        paragraph (1) under statute or common law, including any 
        defense of absolute or qualified immunity.
            ``(3) Exclusive remedy.--The exclusive remedy against the 
        United States or its officers or employees for any damages 
        arising from the loss, damage, detention, or negligent handling 
        of property subject to security screening operations under 
        section 44901 or 44903 shall be a claim pursuant to section 
        3723 of title 31, except that the maximum amount for which such 
        a claim may be settled under section 3723(a) of title 31 shall 
        be the same as the level established under section 254.4 of 
        title 14, Code of Federal Regulations.''.

SEC. 915. TEMPORARY PRIVATE SCREENER ASSISTANCE.

    Section 44920 of title 49, United States Code, is amended adding at 
the end the following:
    ``(h) Emergency Supplemental Screening.--The Secretary of Homeland 
Security may establish a program under which the screening of 
passengers and property at an airport under section 44901 may be 
supplemented for periods of limited duration in case of emergencies, 
such as natural disasters, terrorist acts, or threats to national 
security, by the screening personnel of a qualified private screening 
company in accordance with subsections (c) and (d) under a contract 
entered into with the Secretary.''.

SEC. 916. RECURRENT TRAINING TO OPERATE CERTAIN AIRCRAFT.

    Section 44939 of title 49, United States Code, is amended--
            (1) in subsection (f), by inserting ``and (g)'' after 
        ``subsections (a) through (d)''; and
            (2) in subsection (g)--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following:
            ``(2) Recurrent training.--The Secretary may assess a fee 
        for a threat assessment to determine that an alien as defined 
        in this section, or any other individual specified by the 
        Secretary, applying for recurrent training in the operation of 
        any aircraft having a maximum certificated takeoff weight of 
        more than 12,500 pounds is properly identified and has not 
        since the time of any prior threat assessment conducted 
        pursuant to this section become a present risk to aviation or 
        national security. If the Secretary determines that such 
        individual is a present risk to aviation or national security 
        the Secretary shall immediately notify the person providing the 
        training of the determination and that person shall not provide 
        the training or if such training has commenced that person 
        shall immediately terminate the training. Such fee shall not 
        exceed the amount assessed under paragraph (1) and shall be 
        promulgated by notice in the Federal Register.''.

SEC. 917. ANNUAL REPORT ON UNCLAIMED MONEY RECOVERED.

    The Secretary of Homeland Security shall ensure that the Department 
of Homeland Security maintains an accounting of monies retained under 
section 44945 of title 49, United States Code.

                    Subtitle C--Passenger Screening

SEC. 921. PASSENGER IDENTIFICATION DOCUMENTS.

    (a) In General.--Title IV of the Homeland Security Act of 2002 (6 
U.S.C. 201 et seq.) is amended by inserting after section 483 (as added 
by section 901(a) of this Act) the following:

``SEC. 484. PASSENGER IDENTIFICATION DOCUMENTS.

    ``(a) In General.--Not later than 180 days after the date of 
enactment of this section, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall issue regulations to 
require a passenger to present an acceptable personal identification 
document for inspection before entering a sterile area of an airport in 
the United States. Such inspections shall be carried out by personnel 
designated by the Assistant Secretary.
    ``(b) Acceptable Personal Identification Documents.--
            ``(1) In general.--In carrying out subsection (a), the 
        Assistant Secretary shall establish a list of acceptable 
        personal identification documents.
            ``(2) Minimum requirements.--The Assistant Secretary may 
        include a personal identification document on the list to be 
        established under paragraph (1) only if the document is issued 
        under the authority of the United States Government, a State, 
        or a foreign government and includes each of the following:
                    ``(A) The individual's full legal name.
                    ``(B) The individual's date of birth.
                    ``(C) The individual's gender.
                    ``(D) A photograph of the individual.
                    ``(E) The individual's signature.
                    ``(F) Physical security features designed to 
                prevent tampering, counterfeiting, and duplication of 
                the document for fraudulent purposes.
            ``(3) Drivers' licenses and personal identification 
        cards.--The Assistant Secretary shall include on the list to be 
        established under paragraph (1) drivers' licenses and personal 
        identification cards that meet the requirements of section 202 
        of the Real ID Act of 2005 (49 U.S.C. 30301 note).
    ``(c) Procedures and Standards.--In carrying out subsection (a), 
the Assistant Secretary shall establish--
            ``(1) procedures to match the name on a personal 
        identification document with the name on an airline boarding 
        document;
            ``(2) procedures to match the photograph on a personal 
        identification document with the passenger presenting the 
        document; and
            ``(3) standards for training personnel who check personal 
        identification documents to recognize unacceptable and false 
        identification documents.
    ``(d) Failure to Present Acceptable Identification Documents.--A 
passenger attempting to enter a sterile area of an airport in the 
United States who does not present an acceptable identification 
document shall be subject to such additional security screening as the 
Assistant Secretary determines to be appropriate before the passenger 
may be admitted to the sterile area.
    ``(e) Knowing Presentation of False Identification Documents; 
Penalties.--A passenger who knowingly presents a false identification 
document in an attempt to enter a sterile area of an airport in the 
United States shall be fined under title 18, United States Code, 
imprisoned for not more than 5 years, or both.
    ``(f) Definitions.--In this section, the following definitions 
apply:
            ``(1) False.--The term `false' has the meaning given such 
        term by section 1028(d) of title 18, United States Code.
            ``(2) Passenger.--The term `passenger' means an individual 
        to be carried aboard a passenger aircraft to be operated by an 
        air carrier or foreign air carrier in air transportation or 
        intrastate air transportation (as such terms are defined in 
        section 40102 of title 49, United States Code).
            ``(3) Sterile area.--The term `sterile area' means any part 
        of an airport that is regularly accessible to passengers after 
        having cleared a passenger security checkpoint.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by adding at the end of the items relating to 
subtitle G of title IV (as added by section 901(b)) the following:

``Sec. 484. Passenger identification documents.''.

SEC. 922. INTERNATIONAL PASSENGER PRESCREENING.

    Before issuing final regulations to amend the rules for 
transmitting international passenger data to Customs and Border 
Protection, the Secretary of Homeland Security shall conduct a pilot 
program to evaluate the use of automated systems for the immediate 
prescreening of passengers on flights in foreign air transportation, 
and shall submit to the Committee on Homeland Security of the House of 
Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the following:
            (1) An assessment of the technical performance of the 
        tested systems, including the system's accuracy, scalability, 
        and effectiveness with respect to measurable factors, 
        including, at a minimum, passenger throughput, the rate of 
        flight diversions, and the rate of false negatives and 
        positives.
            (2) A description of the provisions of the tested systems 
        to protect the civil liberties and privacy rights of 
        passengers, as well as a description of the adequacy of an 
        immediate redress or appeals process for passengers denied 
        authorization to travel.
            (3) Cost projections for implementation of the tested 
        systems, including--
                    (A) projected costs to the Department of Homeland 
                Security; and
                    (B) projected costs of compliance to air carriers 
                operating flights described in subsection (a).
            (4) If multiple systems are tested, a determination as to 
        which tested system is the best-performing and most efficient 
        system to ensure immediate prescreening of international 
        passengers. Such determination shall be made after consultation 
        with individuals in the private sector having expertise in 
        airline industry, travel, tourism, privacy, national security, 
        or computer security issues.
            (5) A plan to deploy the best-performing and most efficient 
        system tested by not later than January 1, 2007.

SEC. 923. INTERNATIONAL COOPERATIVE EFFORTS.

    To ensure that the collection of passenger information is 
standardized among nations, the Secretary of Homeland Security is 
encouraged to pursue international cooperative efforts in the 
appropriate forum to set technology standards for passenger data and 
collection systems.

SEC. 924. COMPUTER ASSISTED PASSENGER PRESCREENING SYSTEM.

    (a) Report.--Not later than 6 months after the date of the 
enactment of this Act, the Assistant Secretary of Homeland Security 
(Transportation Security Administration) shall submit to the Committee 
on Homeland Security of the House of Representatives and the Committees 
on Homeland Security and Governmental Affairs and Commerce, Science, 
and Transportation of the Senate a report containing--
            (1) information on the percentage of airline passengers 
        that are designated for secondary search on a daily basis by 
        the Computer Assisted Passenger Prescreening System (in this 
        section referred to as ``CAPPS'');
            (2) information on the percentage of such airline 
        passengers that have been found to be terrorists or associates 
        of terrorists;
            (3) information on the annual cost of administering CAPPS; 
        and
            (4) an evaluation of whether CAPPS screening should be 
        continued after the full deployment of the Secure Flight 
        program.
    (b) Form of Report.--The report prepared under this section may be 
submitted in a classified form.
    (c) Limitation on Secondary Screening.--The Assistant Secretary, in 
cooperation with appropriate Federal agencies and the representatives 
of the aviation industry, shall develop a process to ensure that a 
passenger who has successfully completed a finger-print based 
background check conducted by the Department of Homeland Security, or 
holds a security clearance issued by the Department of Homeland 
Security, is not subject to secondary screening as the result of a 
designation under CAPPS.

SEC. 925. FEDERAL FLIGHT DECK OFFICERS.

    (a) Training and Requalification Training.--Section 44921(c) of 
title 49, United States Code, is amended by adding at the end the 
following:
            ``(3) Dates of training.--The Assistant Secretary shall 
        ensure that a pilot who is eligible to receive Federal flight 
        deck officer training is offered, to the maximum extent 
        practicable, a choice of training dates and is provided at 
        least 30 days advance notice of the dates.
            ``(4) Travel to training facilities.--The Assistant 
        Secretary shall establish a program to improve travel access to 
        Federal flight deck officer training facilities through the use 
        of charter flights or improved scheduled air carrier service.
            ``(5) Requalification and recurrent training.--
                    ``(A) Standards.--The Assistant Secretary shall 
                establish qualification standards for facilities where 
                Federal flight deck officers can receive 
                requalification and recurrent training.
                    ``(B) Locations.--The Assistant Secretary shall 
                provide for requalification and recurrent training at 
                geographically diverse facilities, including Federal, 
                State, and local law enforcement and government 
                facilities, and private training facilities that meet 
                the qualification standards established under 
                subparagraph (A).
            ``(6) Costs of training.--
                    ``(A) In general.--The Assistant Secretary shall 
                provide Federal flight deck officer training, 
                requalification training, and recurrent training to 
                eligible pilots at no cost to the pilots or the air 
                carriers that employ the pilots.
                    ``(B) Transportation and expenses.--The Assistant 
                Secretary may provide travel expenses to a pilot 
                receiving Federal flight deck officer training, 
                requalification training, or recurrent training.
            ``(7) Communications.--Not later than 180 days after the 
        date of enactment of this paragraph, the Assistant Secretary 
        shall establish a secure means for personnel of the 
        Transportation Security Administration to communicate with 
        Federal flight deck officers, and for Federal flight deck 
        officers to communicate with each other, in support of the 
        mission of such officers. Such means of communication may 
        include a secure Internet website.''.
    (b) Revocation of Deputization of Pilot as Federal Flight Deck 
Officer.--Section 44921(d)(4) of such title is amended to read as 
follows:
            ``(4) Revocation.--
                    ``(A) Orders.--The Assistant Secretary may issue, 
                for good cause, an order revoking the deputization of a 
                Federal flight deck officer under this section. The 
                order shall include the specific reasons for the 
                revocation.
                    ``(B) Hearings.--An individual who is adversely 
                affected by an order of the Assistant Secretary under 
                subparagraph (A) is entitled to a hearing on the 
                record. When conducting a hearing under this 
                subparagraph, the administrative law judge shall not be 
                bound by findings of fact or interpretations of laws 
                and regulations of the Assistant Secretary.
                    ``(C) Appeals.--An appeal from a decision of an 
                administrative law judge as a result of a hearing under 
                subparagraph (B) shall be made to the Secretary of 
                Homeland Security or the Secretary's designee.
                    ``(D) Judicial review of a final order.--The 
                determination and order of the Secretary revoking the 
                deputization of a Federal flight deck officer under 
                this section shall be final and conclusive unless the 
                individual against whom such an order is issued files 
                an application for judicial review under subchapter II 
                of chapter 5 of title 5 (popularly known as the 
                Administrative Procedure Act) within 60 days of entry 
                of such order in the appropriate United States court of 
                appeals.''.
    (c) Federal Flight Deck Officer Firearm Carriage Pilot Program.--
Section 44921(f) of such title is amended by adding at the end the 
following:
            ``(4) Pilot program.--
                    ``(A) In general.--Not later than 90 days after the 
                date of enactment of this paragraph, the Assistant 
                Secretary shall implement a pilot program to allow 
                pilots participating in the Federal flight deck officer 
                program to transport their firearms on their persons. 
                The Assistant Secretary may prescribe any training, 
                equipment, or procedures that the Assistant Secretary 
                determines necessary to ensure safety and maximize 
                weapon retention.
                    ``(B) Review.--Not later than 1 year after the date 
                of initiation of the pilot program, the Assistant 
                Secretary shall conduct a review of the safety record 
                of the pilot program and transmit a report on the 
                results of the review to Congress.
                    ``(C) Option.--If the Assistant Secretary as part 
                of the review under subparagraph (B) determines that 
                the safety level obtained under the pilot program is 
                comparable to the safety level determined under 
                existing methods of pilots carrying firearms on 
                aircraft, the Assistant Secretary shall allow all 
                pilots participating in the Federal flight deck officer 
                program the option of carrying their firearm on their 
                person subject to such requirements as the Assistant 
                Secretary determines appropriate.''.
    (d) Federal Flight Deck Officers on International Flights.--
            (1) Agreements with foreign governments.--The President is 
        encouraged to pursue aggressively agreements with foreign 
        governments to allow maximum deployment of Federal flight deck 
        officers on international flights.
            (2) Report.--Not later than 180 days after the date of 
        enactment of this Act, the President (or the President's 
        designee) shall submit to Congress a report on the status of 
        the President's efforts to allow maximum deployment of Federal 
        flight deck officers on international flights.
    (e) References to Under Secretary.--Section 44921 of title 49, 
United States Code, is amended--
            (1) in subsection (a) by striking ``Under Secretary of 
        Transportation for Security'' and inserting ``Assistant 
        Secretary of Homeland Security (Transportation Security 
        Administration)'';
            (2) by striking ``Under Secretary'' each place it appears 
        and inserting ``Assistant Secretary''; and
            (3) by striking ``Under Secretary's'' each place it appears 
        and inserting ``Assistant Secretary's''.

                    Subtitle D--Technical Amendments

SEC. 931. REPORTING REQUIREMENTS REPEALED.

    The following provisions are repealed:
            (1) Sections 607 and 608 of the Vision 100--Century of 
        Aviation Reauthorization Act (49 U.S.C. 44903; 117 Stat. 2568).
            (2) Section 109(b) of the Aviation and Transportation 
        Security Act (49 U.S.C. 114 note; 115 Stat. 614).
            (3) Section 44942 of title 49, United States Code, and the 
        item relating to such section in the analysis for chapter 449 
        of such title.

SEC. 932. CONSOLIDATION OF REPORTS.

    (a) Section 44938 of title 49, United States Code is amended--
            (1) in the section heading by striking ``Reports'' and 
        inserting ``Transportation security report'';
            (2) by striking ``(a) Transportation Security.--'';
            (3) by striking the second sentence of subsection (a);
            (4) by striking ``and'' at the end of subsection (a)(9);
            (5) by striking the period at the end of subsection (a)(10) 
        and inserting a semicolon;
            (6) by adding at the end of subsection (a) the following:
            ``(11) an assessment of the effectiveness of procedures 
        under section 44901;
            ``(12) a summary of the assessments conducted under section 
        44907(a)(1) and (2); and
            ``(13) an assessment of the steps being taken, and the 
        progress being made, in ensuring compliance with section 44906 
        for each foreign air carrier security program at airports 
        outside the United States--
                    ``(A) at which the Secretary decides that foreign 
                security liaison officers are necessary for air 
                transportation security; and
                    ``(B) for which extraordinary security measures are 
                in place.''; and
            (7) by striking subsection (b).
    (b) The analysis for subchapter II of chapter 449 of such title is 
amended by striking the item relating to section 44938 and inserting 
the following:

``44938. Transportation security report.''.

SEC. 933. AIRCRAFT CHARTER CUSTOMER AND LESSEE PRESCREENING.

    Section 44903(j)(2)(E) of title 49, United States Code, by 
inserting ``certificated'' after ``maximum'' each place it appears.

                   TITLE X--MISCELLANEOUS PROVISIONS

SEC. 1001. PROTECTION OF DEPARTMENT OF HOMELAND SECURITY NAME, 
              INITIALS, INSIGNIA, AND SEAL.

    Section 875 of the Homeland Security Act of 2002 (6 U.S.C. 455) is 
amended by adding at the end the following new subsection:
    ``(d) Protection of Name, Initials, Insignia, and Seal.--
            ``(1) In general.--Except with the written permission of 
        the Secretary, no person may knowingly use, in connection with 
        any advertisement, commercial activity, audiovisual production 
        (including film or television production), impersonation, 
        Internet domain name, Internet e-mail address, or Internet web 
        site, merchandise, retail product, or solicitation in a manner 
        reasonably calculated to convey the impression that the 
        Department or any organizational element of the Department has 
        approved, endorsed, or authorized such use, any of the 
        following (or any colorable imitation thereof):
                    ``(A) The words `Department of Homeland Security', 
                the initials `DHS', the insignia or seal of the 
                Department, or the title `Secretary of Homeland 
                Security'.
                    ``(B) The name, initials, insignia, or seal of any 
                organizational element (including any former such 
                element) of the Department, or the title of any other 
                officer or employee of the Department, notice of which 
                has been published by the Secretary of Homeland 
                Security in accordance with paragraph (3).
            ``(2) Civil action.--Whenever it appears to the Attorney 
        General that any person is engaged or is about to engage in an 
        act or practice that constitutes or will constitute conduct 
        prohibited by subsection (d)(1), the Attorney General may 
        initiate a civil proceeding in a district court of the United 
        States to enjoin such act or practice. Such court shall proceed 
        as soon as practicable to the hearing and determination of such 
        action and may, at any time before final determination, enter 
        such restraining orders or prohibitions, or take such other 
        actions as is warranted, to prevent injury to the United States 
        or to any person or class of persons for whose protection the 
        action is brought.
            ``(3) Notice and publication.--The notice and publication 
        to which paragraph (1)(B) refers is a notice published in the 
        Federal Register including the name, initials, seal, or class 
        of titles protected under paragraph (1)(B) and a statement that 
        they are protected under that provision. The Secretary may 
        amend such notices from time to time as the Secretary 
        determines appropriate in the public interest and shall publish 
        such amendments in the Federal Register.
            ``(4) Audiovisual production.--For the purpose of this 
        subsection, the term `audiovisual production' means the 
        production of a work that consists of a series of related 
        images that are intrinsically intended to be shown by the use 
        of machines or devices such as projectors, viewers, or 
        electronic equipment, together with accompanying sounds, if 
        any, regardless of the nature of the material objects, such as 
        films or tapes, in which the work is embodied.''.

SEC. 1002. AUTHORIZED USE OF SURPLUS MILITARY VEHICLES.

    The Secretary shall include United States military surplus vehicles 
having demonstrated utility for responding to acts of terrorism, 
emergencies, and other disasters on the Authorized Equipment List in 
order to allow states and localities to purchase, modify, upgrade, and 
maintain such vehicles using homeland security assistance administered 
by the Department.

SEC. 1003. ENCOURAGING USE OF COMPUTERIZED TRAINING AIDS.

    The Under Secretary for Science and Technology shall use and make 
available to state and local agencies computer simulations to help 
strengthen the ability of municipalities to prepare for and respond to 
a chemical, biological, or other terrorist attack, and to standardize 
response training.
                                 <all>