[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
July 9, 2007.
Resolved, That the bill from the House of Representatives (H.R. 1)
entitled ``An Act to provide for the implementation of the
recommendations of the National Commission on Terrorist Attacks Upon
the United States.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Improving America's Security Act of
2007''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
SEC. 3. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.
TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
Subtitle A--Homeland Security Information Sharing Enhancement
Sec. 111. Homeland Security Advisory System and information sharing.
Sec. 112. Information sharing.
Sec. 113. Intelligence training development for State and local
government officials.
Sec. 114. Information sharing incentives.
Subtitle B--Homeland Security Information Sharing Partnerships
Sec. 121. State, Local, and Regional Fusion Center Initiative.
Sec. 122. Homeland Security Information Sharing Fellows Program.
Sec. 123. Rural Policing Institute.
Subtitle C--Interagency Threat Assessment and Coordination Group
Sec. 131. Interagency Threat Assessment and Coordination Group.
TITLE II--HOMELAND SECURITY GRANTS
Sec. 201. Short title.
Sec. 202. Homeland Security Grant Program.
Sec. 203. Equipment technical assistance training.
Sec. 204. Technical and conforming amendments.
TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY
Sec. 301. Dedicated funding to achieve emergency communications
operability and interoperable
communications.
Sec. 302. Border Interoperability Demonstration Project.
TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM
Sec. 401. Emergency Management Performance Grants Program.
TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL
Sec. 501. Modernization of the visa waiver program.
Sec. 502. Strengthening the capabilities of the Human Smuggling and
Trafficking Center.
Sec. 503. Enhancements to the Terrorist Travel Program.
Sec. 504. Enhanced driver's license.
Sec. 505. Western Hemisphere Travel Initiative.
Sec. 506. Model ports-of-entry.
TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS
Sec. 601. Modification of authorities relating to Privacy and Civil
Liberties Oversight Board.
Sec. 602. Privacy and civil liberties officers.
Sec. 603. Department Privacy Officer.
Sec. 604. Federal Agency Data Mining Reporting Act of 2007.
TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
Sec. 701. National Biosurveillance Integration Center.
Sec. 702. Biosurveillance efforts.
Sec. 703. Interagency coordination to enhance defenses against nuclear
and radiological weapons of mass
destruction.
TITLE VIII--PRIVATE SECTOR PREPAREDNESS
Sec. 801. Definitions.
Sec. 802. Responsibilities of the private sector office of the
department.
Sec. 803. Voluntary national preparedness standards compliance;
accreditation and certification program for
the private sector.
Sec. 804. Sense of Congress regarding promoting an international
standard for private sector preparedness.
Sec. 805. Demonstration project.
Sec. 806. Report to Congress.
Sec. 807. Rule of construction.
TITLE IX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
Sec. 901. Transportation security strategic planning.
Sec. 902. Transportation security information sharing.
Sec. 903. Transportation Security Administration personnel management.
Sec. 904. Appeal rights and employee engagement mechanism for passenger
and property screeners.
Sec. 905. Plan for 100 percent scanning of cargo containers.
TITLE X--INCIDENT COMMAND SYSTEM
Sec. 1001. Preidentifying and evaluating multijurisdictional facilities
to strengthen incident command; private
sector preparedness.
Sec. 1002. Credentialing and typing to strengthen incident command.
TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION
Sec. 1101. Critical infrastructure protection.
Sec. 1102. Risk assessment and report.
Sec. 1103. Use of existing capabilities.
Sec. 1104. Priorities and allocations.
TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
Sec. 1201. Availability to public of certain intelligence funding
information.
Sec. 1202. Response of intelligence community to requests from
Congress.
Sec. 1203. Public Interest Declassification Board.
Sec. 1204. Sense of the Senate regarding a report on the 9/11
Commission recommendations with respect to
intelligence reform and congressional
intelligence oversight reform.
Sec. 1205. Availability of funds for the Public Interest
Declassification Board.
Sec. 1206. Availability of the Executive Summary of the Report on
Central Intelligence Agency Accountability
Regarding the Terrorist Attacks of
September 11, 2001.
TITLE XIII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES
Sec. 1301. Promoting antiterrorism capabilities through international
cooperation.
Sec. 1302. Transparency of funds.
TITLE XIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES
Sec. 1401. Short title.
Subtitle A--Surface Transportation and Rail Security
Sec. 1411. Definition.
PART I--Improved Rail Security
Sec. 1421. Rail transportation security risk assessment.
Sec. 1422. Systemwide Amtrak security upgrades.
Sec. 1423. Fire and life-safety improvements.
Sec. 1424. Freight and passenger rail security upgrades.
Sec. 1425. Rail security research and development.
Sec. 1426. Oversight and grant procedures.
Sec. 1427. Amtrak plan to assist families of passengers involved in
rail passenger accidents.
Sec. 1428. Northern border rail passenger report.
Sec. 1429. Rail worker security training program.
Sec. 1430. Whistleblower protection program.
Sec. 1431. High hazard material security risk mitigation plans.
Sec. 1432. Enforcement authority.
Sec. 1433. Rail security enhancements.
Sec. 1434. Public awareness.
Sec. 1435. Railroad high hazard material tracking.
Sec. 1436. Unified carrier registration system plan agreement.
Sec. 1437. Authorization of appropriations.
Sec. 1438. Applicability of District of Columbia law to certain Amtrak
contracts.
PART II--Improved Motor Carrier, Bus, and Hazardous Material Security
Sec. 1441. Hazardous materials highway routing.
Sec. 1442. Motor carrier high hazard material tracking.
Sec. 1443. Memorandum of agreement.
Sec. 1444. Hazardous materials security inspections and enforcement.
Sec. 1445. Truck security assessment.
Sec. 1446. National public sector response system.
Sec. 1447. Over-the-road bus security assistance.
Sec. 1448. Pipeline security and incident recovery plan.
Sec. 1449. Pipeline security inspections and enforcement.
Sec. 1450. Technical corrections.
Sec. 1451. Certain personnel limitations not to apply.
Sec. 1452. Maritime and surface transportation security user fee study.
Sec. 1453. DHS Inspector General report on Highway Watch grant program.
Sec. 1454. Prohibition of issuance of transportation security cards to
convicted felons.
Sec. 1455. Prohibition of issuance of transportation security cards to
convicted felons.
Subtitle B--Aviation Security Improvement
Sec. 1461. Extension of authorization for aviation security funding.
Sec. 1462. Passenger aircraft cargo screening.
Sec. 1463. Blast-resistant cargo containers.
Sec. 1464. Protection of air cargo on passenger planes from explosives.
Sec. 1465. In-line baggage screening.
Sec. 1466. Enhancement of in-line baggage system deployment.
Sec. 1467. Research and development of aviation transportation security
technology.
Sec. 1468. Certain TSA personnel limitations not to apply.
Sec. 1469. Specialized training.
Sec. 1470. Explosive detection at passenger screening checkpoints.
Sec. 1471. Appeal and redress process for passengers wrongly delayed or
prohibited from boarding a flight.
Sec. 1472. Strategic plan to test and implement advanced passenger
prescreening system.
Sec. 1473. Repair station security.
Sec. 1474. General aviation security.
Sec. 1475. Security credentials for airline crews.
Sec. 1476. National explosives detection canine team training center.
Sec. 1477. Law enforcement biometric credential.
Sec. 1478. Employee retention internship program.
Sec. 1479. Pilot project to reduce the number of transportation
security officers at airport exit lanes.
Subtitle C--Interoperable Emergency Communications
Sec. 1481. Interoperable emergency communications.
Sec. 1482. Rule of construction.
Sec. 1483. Cross border interoperability reports.
Sec. 1484. Extension of short quorum.
Sec. 1485. Requiring reports to be submitted to certain committees.
TITLE XV--PUBLIC TRANSPORTATION TERRORISM PREVENTION
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Security assessments.
Sec. 1504. Security assistance grants.
Sec. 1505. Public transportation security training program.
Sec. 1506. Intelligence sharing.
Sec. 1507. Research, development, and demonstration grants and
contracts.
Sec. 1508. Reporting requirements.
Sec. 1509. Authorization of appropriations.
Sec. 1510. Sunset provision.
TITLE XVI--MISCELLANEOUS PROVISIONS
Sec. 1601. Deputy Secretary of Homeland Security for Management.
Sec. 1602. Sense of the Senate regarding combating domestic
radicalization.
Sec. 1603. Sense of the Senate regarding oversight of Homeland
Security.
Sec. 1604. Report regarding border security.
Sec. 1605. Law Enforcement Assistance Force.
Sec. 1606. Quadrennial homeland security review.
Sec. 1607. Integration of detection equipment and technologies.
TITLE XVII--911 MODERNIZATION
Sec. 1701. Short title.
Sec. 1702. Funding for program.
Sec. 1703. NTIA coordination of E-911 implementation.
TITLE XVIII--MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS
Sec. 1801. Short title.
Sec. 1802. Findings; Sense of Congress.
Sec. 1803. Organization.
Sec. 1804. Purposes.
Sec. 1805. Membership and chapters.
Sec. 1806. Board of governors.
Sec. 1807. Powers.
Sec. 1808. Annual meeting.
Sec. 1809. Endowment fund.
Sec. 1810. Annual report and audit.
Sec. 1811. Comptroller General of the United States and Office of the
Ombudsman.
TITLE XIX--ADVANCEMENT OF DEMOCRATIC VALUES
Sec. 1901. Short title.
Sec. 1902. Findings.
Sec. 1903. Statement of policy.
Sec. 1904. Definitions.
Subtitle A--Liaison Officers and Fellowship Program To Enhance the
Promotion of Democracy
Sec. 1911. Democracy Liaison Officers.
Sec. 1912. Democracy Fellowship Program.
Sec. 1913. Transparency of United States broadcasting to assist in
oversight and ensure promotion of human
rights and democracy in international
broadcasts.
Subtitle B--Annual Report on Advancing Freedom and Democracy
Sec. 1921. Annual report.
Sec. 1922. Sense of Congress on translation of human rights reports.
Subtitle C--Advisory Committee on Democracy Promotion and the Internet
Website of the Department of State
Sec. 1931. Advisory Committee on Democracy Promotion.
Sec. 1932. Sense of Congress on the Internet website of the Department
of State.
Subtitle D--Training in Democracy and Human Rights; Promotions
Sec. 1941. Sense of Congress on training in democracy and human rights.
Sec. 1942. Sense of Congress on ADVANCE Democracy Award.
Sec. 1943. Promotions.
Sec. 1944. Programs by United States missions in foreign countries and
activities of chiefs of mission.
Subtitle E--Alliances With Democratic Countries
Sec. 1951. Alliances with democratic countries.
Subtitle F--Funding for Promotion of Democracy
Sec. 1961. Sense of Congress on the United Nations Democracy Fund.
Sec. 1962. The Human Rights and Democracy Fund.
TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
Subtitle A--Homeland Security Information Sharing Enhancement
SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.
(a) Advisory System and Information Sharing.--
(1) In general.--Subtitle A of title II of the Homeland
Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by
adding at the end the following:
``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
``(a) Requirement.--The Secretary shall administer the Homeland
Security Advisory System in accordance with this section to provide
warnings regarding the risk of terrorist attacks on the homeland to
Federal, State, local, and tribal government authorities and to the
people of the United States, as appropriate. The Secretary shall
exercise primary responsibility for providing such warnings.
``(b) Required Elements.--In administering the Homeland Security
Advisory System, the Secretary shall--
``(1) establish criteria for the issuance and revocation of
such warnings;
``(2) develop a methodology, relying on the criteria
established under paragraph (1), for the issuance and
revocation of such warnings;
``(3) provide, in each such warning, specific information
and advice regarding appropriate protective measures and
countermeasures that may be taken in response to that risk, at
the maximum level of detail practicable to enable individuals,
government entities, emergency response providers, and the
private sector to act appropriately; and
``(4) whenever possible, limit the scope of each such
warning to a specific region, locality, or economic sector
believed to be at risk.
``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
``(a) Information Sharing.--Consistent with section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485), the Secretary shall integrate and standardize the information of
the intelligence components of the Department, except for any internal
protocols of such intelligence components, to be administered by the
Chief Intelligence Officer.
``(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 Chief Intelligence Officer regarding coordinating
the different systems used in the Department to gather and disseminate
homeland security information.
``(c) State, Local, and Private-Sector Sources of Information.--
``(1) Establishment of business processes.--The Chief
Intelligence Officer shall--
``(A) establish Department-wide procedures for the
review and analysis of information gathered from
sources in State, local, and tribal government and the
private sector;
``(B) as appropriate, integrate such information
into the information gathered by the Department and
other departments and agencies of the Federal
Government; and
``(C) make available such information, as
appropriate, within the Department and to other
departments and agencies of the Federal Government.
``(2) Feedback.--The Secretary shall develop mechanisms to
provide feedback regarding the analysis and utility of
information provided by any entity of State, local, or tribal
government or the private sector that gathers information and
provides such information to the Department.
``(d) Training and Evaluation of Employees.--
``(1) Training.--The Chief Intelligence Officer shall
provide to employees of the Department opportunities for
training and education to develop an understanding of--
``(A) the definition of homeland security
information; and
``(B) how information available to such employees
as part of their duties--
``(i) might qualify as homeland security
information; and
``(ii) might be relevant to the
intelligence components of the Department.
``(2) Evaluations.--The Chief Intelligence Officer shall--
``(A) on an ongoing basis, evaluate how employees
of the Office of Intelligence and Analysis and the
intelligence components of the Department are utilizing
homeland security information, sharing information
within the Department, as described in this subtitle,
and participating in the information sharing
environment established under section 1016 of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485); and
``(B) provide a report regarding any evaluation
under subparagraph (A) to the appropriate component
heads.
``SEC. 205. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.
``All activities to comply with sections 203 and 204 shall be--
``(1) implemented in coordination with the program manager
for the information sharing environment established under
section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485); and
``(2) consistent with and support the establishment of that
environment, and any policies, guidelines, procedures,
instructions, or standards established by the President or, as
appropriate, the program manager for the implementation and
management of that environment.''.
(2) Technical and conforming amendments.--
(A) In general.--Section 201(d) of the Homeland
Security Act of 2002 (6 U.S.C. 121(d)) is amended--
(i) by striking paragraph (7); and
(ii) by redesignating paragraphs (8)
through (19) as paragraphs (7) through (18),
respectively.
(B) Table of contents.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.) is amended by inserting after the
item relating to section 202 the following:
``Sec. 203. Homeland Security Advisory System.
``Sec. 204. Homeland Security Information Sharing.
``Sec. 205. Coordination with information sharing environment.''.
(b) Intelligence Component Defined.--
(1) In general.--Section 2 of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended--
(A) by redesignating paragraphs (9) through (16) as
paragraphs (10) through (17), respectively; and
(B) by inserting after paragraph (8) the following:
``(9) The term `intelligence component of the Department'
means any directorate, agency, or other element or entity of
the Department that gathers, receives, analyzes, produces, or
disseminates homeland security information.''.
(2) Technical and conforming amendments.--
(A) Homeland security act of 2002.--Section 501(11)
of the Homeland Security Act of 2002 (6 U.S.C. 311(11))
is amended by striking ``section 2(10)(B)'' and
inserting ``section 2(11)(B)''.
(B) Other law.--Section 712(a) of title 14, United
States Code, is amended by striking ``section 2(15) of
the Homeland Security Act of 2002 (6 U.S.C. 101(15))''
and inserting ``section 2(16) of the Homeland Security
Act of 2002 (6 U.S.C. 101(16))''.
(c) Responsibilities of the Under Secretary for Information
Analysis and Infrastructure Protection.--Section 201(d) of the Homeland
Security Act of 2002 (6 U.S.C. 121(d)) is amended--
(1) in paragraph (1), by inserting ``, in support of the
mission responsibilities of the Department and consistent with
the functions of the National Counterterrorism Center
established under section 119 of the National Security Act of
1947 (50 U.S.C. 50 U.S.C. 404o),'' after ``and to integrate
such information''; and
(2) by striking paragraph (7), as redesignated by
subsection (a)(2)(A) of this section, and inserting the
following:
``(7) To review, analyze, and make recommendations for
improvements in the policies and procedures governing the
sharing of intelligence information, intelligence-related
information, and other information relating to homeland
security within the Federal Government and among the Federal
Government and State, local, and tribal government agencies and
authorities, consistent with the information sharing
environment established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and
any policies, guidelines, procedures, instructions or standards
established by the President or, as appropriate, the program
manager for the implementation and management of that
environment.''.
SEC. 112. INFORMATION SHARING.
Section 1016 of the Intelligence Reform and Terrorist Prevention
Act of 2004 (6 U.S.C. 485) is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (4) as
paragraphs (2) through (5), respectively;
(B) by inserting before paragraph (2), as so
redesignated, the following:
``(1) Homeland security information.--The term `homeland
security information' has the meaning given that term in
section 892 of the Homeland Security Act of 2002 (6 U.S.C.
482).'';
(C) in paragraph (5), as so redesignated--
(i) by redesignating subparagraphs (A)
through (D) as clauses (i) through (iv),
respectively, and adjusting the margin
accordingly;
(ii) by striking ```terrorism information'
means'' and inserting the following:
```terrorism information'--
``(A) means'';
(iii) in subparagraph (A)(iv), as so
redesignated, by striking the period at the end
and inserting ``; and''; and
(iv) by adding at the end the following:
``(B) includes homeland security information and
weapons of mass destruction information.''; and
(D) by adding at the end the following:
``(6) Weapons of mass destruction information.--The term
`weapons of mass destruction information' means information
that could reasonably be expected to assist in the development,
proliferation, or use of a weapon of mass destruction
(including chemical, biological, radiological, and nuclear
weapons) that could be used by a terrorist or a terrorist
organization against the United States, including information
about the location of any stockpile of nuclear materials that
could be exploited for use in such a weapon that could be used
by a terrorist or a terrorist organization against the United
States.'';
(2) in subsection (b)(2)--
(A) in subparagraph (H), by striking ``and'' at the
end;
(B) in subparagraph (I), by striking the period at
the end and inserting a semicolon; and
(C) by adding at the end the following:
``(J) integrates the information within the scope
of the information sharing environment, including any
such information in legacy technologies;
``(K) integrates technologies, including all legacy
technologies, through Internet-based services;
``(L) allows the full range of analytic and
operational activities without the need to centralize
information within the scope of the information sharing
environment;
``(M) permits analysts to collaborate both
independently and in a group (commonly known as
`collective and noncollective collaboration'), and
across multiple levels of national security information
and controlled unclassified information;
``(N) provides a resolution process that enables
changes by authorized officials regarding rules and
policies for the access, use, and retention of
information within the scope of the information sharing
environment; and
``(O) incorporates continuous, real-time, and
immutable audit capabilities, to the maximum extent
practicable.'';
(3) in subsection (f)--
(A) in paragraph (1)--
(i) by striking ``during the two-year
period beginning on the date of designation
under this paragraph unless sooner'' and
inserting ``until''; and
(ii) by striking ``The program manager
shall have and exercise governmentwide
authority.'' and inserting ``Except as
otherwise expressly provided by law, the
program manager, in consultation with the head
of any affected department or agency, shall
have and exercise governmentwide authority over
the sharing of information within the scope of
the information sharing environment by all
Federal departments, agencies, and components,
irrespective of the Federal department, agency,
or component in which the program manager may
be administratively located.''; and
(B) in paragraph (2)(A)--
(i) by redesignating clause (iii) as clause
(v); and
(ii) by striking clause (ii) and inserting
the following:
``(ii) assist in the development of
policies, as appropriate, to foster the
development and proper operation of the ISE;
``(iii) issue governmentwide procedures,
guidelines, instructions, and functional
standards, as appropriate, for the management,
development, and proper operation of the ISE;
``(iv) identify and resolve information
sharing disputes between Federal departments,
agencies, and components; and'';
(4) in subsection (g)--
(A) in paragraph (1), by striking ``during the two-
year period beginning on the date of the initial
designation of the program manager by the President
under subsection (f)(1), unless sooner'' and inserting
``until'';
(B) in paragraph (2)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) by redesignating subparagraph (G) as
subparagraph (I); and
(iii) by inserting after subparagraph (F)
the following:
``(G) assist the program manager in identifying and
resolving information sharing disputes between Federal
departments, agencies, and components;
``(H) identify appropriate personnel for assignment
to the program manager to support staffing needs
identified by the program manager; and'';
(C) in paragraph (4), by inserting ``(including any
subsidiary group of the Information Sharing Council)''
before ``shall not be subject''; and
(D) by adding at the end the following:
``(5) Detailees.--Upon a request by the Director of
National Intelligence, the departments and agencies represented
on the Information Sharing Council shall detail to the program
manager, on a reimbursable basis, appropriate personnel
identified under paragraph (2)(H).'';
(5) in subsection (h)(1), by striking ``and annually
thereafter'' and inserting ``and not later than June 30 of each
year thereafter''; and
(6) by striking subsection (j) and inserting the following:
``(j) Report on the Information Sharing Environment.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Improving America's Security Act of 2007,
the President shall report to the Committee on Homeland
Security and Governmental Affairs of the Senate, the Select
Committee on Intelligence of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Permanent Select Committee on Intelligence of the House of
Representatives on the feasibility of--
``(A) eliminating the use of any marking or process
(including `Originator Control') intended to, or having
the effect of, restricting the sharing of information
within the scope of the information sharing environment
between and among participants in the information
sharing environment, unless the President has--
``(i) specifically exempted categories of
information from such elimination; and
``(ii) reported that exemption to the
committees of Congress described in the matter
preceding this subparagraph; and
``(B) continuing to use Federal agency standards in
effect on such date of enactment for the collection,
sharing, and access to information within the scope of
the information sharing environment relating to
citizens and lawful permanent residents;
``(C) replacing the standards described in
subparagraph (B) with a standard that would allow
mission-based or threat-based permission to access or
share information within the scope of the information
sharing environment for a particular purpose that the
Federal Government, through an appropriate process, has
determined to be lawfully permissible for a particular
agency, component, or employee (commonly known as an
`authorized use' standard); and
``(D) the use of anonymized data by Federal
departments, agencies, or components collecting,
possessing, disseminating, or handling information
within the scope of the information sharing
environment, in any cases in which--
``(i) the use of such information is
reasonably expected to produce results
materially equivalent to the use of information
that is transferred or stored in a non-
anonymized form; and
``(ii) such use is consistent with any
mission of that department, agency, or
component (including any mission under a
Federal statute or directive of the President)
that involves the storage, retention, sharing,
or exchange of personally identifiable
information.
``(2) Definition.--In this subsection, the term `anonymized
data' means data in which the individual to whom the data
pertains is not identifiable with reasonable efforts, including
information that has been encrypted or hidden through the use
of other technology.
``(k) Additional Positions.--The program manager is authorized to
hire not more than 40 full-time employees to assist the program manager
in--
``(1) identifying and resolving information sharing
disputes between Federal departments, agencies, and components
under subsection (f)(2)(A)(iv); and
``(2) other activities associated with the implementation
of the information sharing environment, including--
``(A) implementing the requirements under
subsection (b)(2); and
``(B) any additional implementation initiatives to
enhance and expedite the creation of the information
sharing environment.
``(l) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 for each of fiscal
years 2008 and 2009.''.
SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL
GOVERNMENT OFFICIALS.
(a) Curriculum.--The Secretary, acting through the Chief
Intelligence Officer, shall--
(1) develop curriculum for the training of State, local,
and tribal government officials relating to the handling,
review, and development of intelligence material; and
(2) ensure that the curriculum includes executive level
training.
(b) Training.--To the extent possible, the Federal Law Enforcement
Training Center and other existing Federal entities with the capacity
and expertise to train State, local, and tribal government officials
based on the curriculum developed under subsection (a) shall be used to
carry out the training programs created under this section. If such
entities do not have the capacity, resources, or capabilities to
conduct such training, the Secretary may approve another entity to
conduct the training.
(c) Consultation.--In carrying out the duties described in
subsection (a), the Chief Intelligence Officer shall consult with the
Director of the Federal Law Enforcement Training Center, the Attorney
General, the Director of National Intelligence, the Administrator of
the Federal Emergency Management Agency, and other appropriate parties,
such as private industry, institutions of higher education, nonprofit
institutions, and other intelligence agencies of the Federal
Government.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 114. INFORMATION SHARING INCENTIVES.
(a) Awards.--In making cash awards under chapter 45 of title 5,
United States Code, the President or the head of an agency, in
consultation with the program manager designated under section 1016 of
the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C.
485), may consider the success of an employee in sharing information
within the scope of the information sharing environment established
under that section in a manner consistent with any policies,
guidelines, procedures, instructions, or standards established by the
President or, as appropriate, the program manager of that environment
for the implementation and management of that environment.
(b) Other Incentives.--The head of each department or agency
described in section 1016(i) of the Intelligence Reform and Terrorist
Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the
program manager designated under section 1016 of the Intelligence
Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall adopt
best practices regarding effective ways to educate and motivate
officers and employees of the Federal Government to engage in the
information sharing environment, including--
(1) promotions and other nonmonetary awards; and
(2) publicizing information sharing accomplishments by
individual employees and, where appropriate, the tangible end
benefits that resulted.
Subtitle B--Homeland Security Information Sharing Partnerships
SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
(a) In General.--Subtitle A of title II of the Homeland Security
Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is amended
by adding at the end the following:
``SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.
``(a) Definitions.--In this section--
``(1) the term `Chief Intelligence Officer' means the Chief
Intelligence Officer of the Department;
``(2) the term `fusion center' means a collaborative effort
of 2 or more Federal, State, local, or tribal government
agencies that combines resources, expertise, or information
with the goal of maximizing the ability of such agencies to
detect, prevent, investigate, apprehend, and respond to
criminal or terrorist activity;
``(3) the term `information sharing environment' means the
information sharing environment established under section 1016
of the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485);
``(4) the term `intelligence analyst' means an individual
who regularly advises, administers, supervises, or performs
work in the collection, analysis, evaluation, reporting,
production, or dissemination of information on political,
economic, social, cultural, physical, geographical, scientific,
or military conditions, trends, or forces in foreign or
domestic areas that directly or indirectly affect national
security;
``(5) the term `intelligence-led policing' means the
collection and analysis of information to produce an
intelligence end product designed to inform law enforcement
decision making at the tactical and strategic levels; and
``(6) the term `terrorism information' has the meaning
given that term in section 1016 of the Intelligence Reform and
Terrorist Prevention Act of 2004 (6 U.S.C. 485).
``(b) Establishment.--The Secretary, in consultation with the
program manager of the information sharing environment established
under section 1016 of the Intelligence Reform and Terrorist Prevention
Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer
of the Department, the Officer for Civil Rights and Civil Liberties of
the Department, and the Privacy and Civil Liberties Oversight Board
established under section 1061 of the Intelligence Reform and Terrorist
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a State,
Local, and Regional Fusion Center Initiative to establish partnerships
with State, local, and regional fusion centers.
``(c) Department Support and Coordination.--Through the State,
Local, and Regional Fusion Center Initiative, the Secretary shall--
``(1) coordinate with the principal officer of each State,
local, or regional fusion center and the officer designated as
the Homeland Security Advisor of the State;
``(2) provide operational and intelligence advice and
assistance to State, local, and regional fusion centers;
``(3) support efforts to include State, local, and regional
fusion centers into efforts to establish an information sharing
environment;
``(4) conduct exercises, including live training exercises,
to regularly assess the capability of individual and regional
networks of State, local, and regional fusion centers to
integrate the efforts of such networks with the efforts of the
Department;
``(5) coordinate with other relevant Federal entities
engaged in homeland security-related activities;
``(6) provide analytic and reporting advice and assistance
to State, local, and regional fusion centers;
``(7) review homeland security information gathered by
State, local, and regional fusion centers and incorporate
relevant information with homeland security information of the
Department;
``(8) provide management assistance to State, local, and
regional 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, and regional fusion centers and the
Department;
``(11) provide State, local, and regional fusion centers
with expertise on Department resources and operations;
``(12) provide training to State, local, and regional
fusion centers and encourage such 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.
``(d) Personnel Assignment.--
``(1) In general.--The Chief Intelligence Officer may, to
the maximum extent practicable, assign officers and
intelligence analysts from components of the Department to
State, local, and regional fusion centers.
``(2) Personnel sources.--Officers and intelligence
analysts assigned to fusion centers under this subsection may
be assigned from the following Department components, in
consultation with the respective component head:
``(A) Office of Intelligence and Analysis, or its
successor.
``(B) Office of Infrastructure Protection.
``(C) Transportation Security Administration.
``(D) United States Customs and Border Protection.
``(E) United States Immigration and Customs
Enforcement.
``(F) United States Coast Guard.
``(G) Other intelligence components of the
Department, as determined by the Secretary.
``(3) Participation.--
``(A) In general.--The Secretary may develop
qualifying criteria for a fusion center to participate
in the assigning of Department officers or intelligence
analysts under this section.
``(B) Criteria.--Any criteria developed under
subparagraph (A) may include--
``(i) whether the fusion center, through
its mission and governance structure, focuses
on a broad counterterrorism approach, and
whether that broad approach is pervasive
through all levels of the organization;
``(ii) whether the fusion center has
sufficient numbers of adequately trained
personnel to support a broad counterterrorism
mission;
``(iii) whether the fusion center has--
``(I) access to relevant law
enforcement, emergency response,
private sector, open source, and
national security data; and
``(II) the ability to share and
analytically exploit that data for
authorized purposes;
``(iv) whether the fusion center is
adequately funded by the State, local, or
regional government to support its
counterterrorism mission; and
``(v) the relevancy of the mission of the
fusion center to the particular source
component of Department officers or
intelligence analysts.
``(4) Prerequisite.--
``(A) Intelligence analysis, privacy, and civil
liberties training.--Before being assigned to a fusion
center under this section, an officer or intelligence
analyst shall undergo--
``(i) appropriate intelligence analysis or
information sharing training using an
intelligence-led policing curriculum that is
consistent with--
``(I) standard training and
education programs offered to
Department law enforcement and
intelligence personnel; and
``(II) the Criminal Intelligence
Systems Operating Policies under part
23 of title 28, Code of Federal
Regulations (or any corresponding
similar regulation or ruling);
``(ii) appropriate privacy and civil
liberties training that is developed,
supported, or sponsored by the Privacy Officer
appointed under section 222 and the Officer for
Civil Rights and Civil Liberties of the
Department, in partnership with the Privacy and
Civil Liberties Oversight Board established
under section 1061 of the Intelligence Reform
and Terrorism Prevention Act of 2004 (5 U.S.C.
601 note); and
``(iii) such other training prescribed by
the Chief Intelligence Officer.
``(B) Prior work experience in area.--In
determining the eligibility of an officer or
intelligence analyst to be assigned to a fusion center
under this section, the Chief Intelligence Officer
shall consider the familiarity of the officer or
intelligence analyst with the State, locality, or
region, as determined by such factors as whether the
officer or intelligence analyst--
``(i) has been previously assigned in the
geographic area; or
``(ii) has previously worked with
intelligence officials or emergency response
providers from that State, locality, or region.
``(5) Expedited security clearance processing.--The Chief
Intelligence Officer--
``(A) shall ensure that each officer or
intelligence analyst assigned to a fusion center under
this section has the appropriate clearance to
contribute effectively to the mission of the fusion
center; and
``(B) may request that security clearance
processing be expedited for each such officer or
intelligence analyst.
``(6) Further qualifications.--Each officer or intelligence
analyst assigned to a fusion center under this section shall
satisfy any other qualifications the Chief Intelligence Officer
may prescribe.
``(e) Responsibilities.--An officer or intelligence analyst
assigned to a fusion center under this section shall--
``(1) assist law enforcement agencies and other emergency
response providers of State, local, and tribal governments and
fusion center personnel in using Federal homeland security
information to develop a comprehensive and accurate threat
picture;
``(2) review homeland security-relevant information from
law enforcement agencies and other emergency response providers
of State, local, and tribal government;
``(3) create intelligence and other information products
derived from such information and other homeland security-
relevant information provided by the Department;
``(4) assist in the dissemination of such products, under
the coordination of the Chief Intelligence Officer, to law
enforcement agencies and other emergency response providers of
State, local, and tribal government; and
``(5) assist in the dissemination of such products to the
Chief Intelligence Officer for collection and dissemination to
other fusion centers.
``(f) Database Access.--In order to fulfill the objectives
described under subsection (e), each officer or intelligence analyst
assigned to a fusion center under this section shall have direct access
to all relevant Federal databases and information systems, consistent
with any policies, guidelines, procedures, instructions, or standards
established by the President or, as appropriate, the program manager of
the information sharing environment for the implementation and
management of that environment.
``(g) Consumer Feedback.--
``(1) In general.--The Secretary shall create a mechanism
for any State, local, or tribal emergency response provider who
is a consumer of the intelligence or other information products
described under subsection (e) to voluntarily provide feedback
to the Department on the quality and utility of such
intelligence products.
``(2) Results.--The results of the voluntary feedback under
paragraph (1) shall be provided electronically to Congress and
appropriate personnel of the Department.
``(h) Rule of Construction.--
``(1) In general.--The authorities granted under this
section shall supplement the authorities granted under section
201(d) and nothing in this section shall be construed to
abrogate the authorities granted under section 201(d).
``(2) Participation.--Nothing in this section shall be
construed to require a State, local, or regional government or
entity to accept the assignment of officers or intelligence
analysts of the Department into the fusion center of that
State, locality, or region.
``(i) Guidelines.--The Secretary, in consultation with the Attorney
General of the United States, shall establish guidelines for fusion
centers operated by State and local governments, to include standards
that any such fusion center shall--
``(1) collaboratively develop a mission statement, identify
expectations and goals, measure performance, and determine
effectiveness for that fusion center;
``(2) create a representative governance structure that
includes emergency response providers and, as appropriate, the
private sector;
``(3) create a collaborative environment for the sharing of
information and intelligence among Federal, State, tribal, and
local government agencies (including emergency response
providers), the private sector, and the public, consistent with
any policies, guidelines, procedures, instructions, or
standards established by the President or, as appropriate, the
program manager of the information sharing environment;
``(4) leverage the databases, systems, and networks
available from public and private sector entities to maximize
information sharing;
``(5) develop, publish, and adhere to a privacy and civil
liberties policy consistent with Federal, State, and local law;
``(6) ensure appropriate security measures are in place for
the facility, data, and personnel;
``(7) select and train personnel based on the needs,
mission, goals, and functions of that fusion center;
``(8) offer a variety of intelligence services and products
to recipients of fusion center intelligence and information;
and
``(9) incorporate emergency response providers, and, as
appropriate, the private sector, into all relevant phases of
the intelligence and fusion process through full time
representatives or liaison officers.
``(j) Authorization of Appropriations.--Except for subsection (i),
there are authorized to be appropriated $10,000,000 for each of fiscal
years 2008 through 2012, to carry out this section, including for
hiring officers and intelligence analysts to replace officers and
intelligence analysts who are assigned to fusion centers under this
section.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 205,
as added by this Act, the following:
``Sec. 206. State, Local, and Regional Information Fusion Center
Initiative.''.
(c) Reports.--
(1) Concept of operations.--Not later than 90 days after
the date of enactment of this Act and before the State, Local,
and Regional Fusion Center Initiative under section 206 of the
Homeland Security Act of 2002, as added by subsection (a), (in
this section referred to as the ``program'') has been
implemented, the Secretary, in consultation with the Privacy
Officer of the Department, the Officer for Civil Rights and
Civil Liberties of the Department, and the Privacy and Civil
Liberties Oversight Board established under section 1061 of the
Intelligence Reform and Terrorist Prevention Act of 2004 (5
U.S.C. 601 note), shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
a report that contains a concept of operations for the program,
which shall--
(A) include a clear articulation of the purposes,
goals, and specific objectives for which the program is
being developed;
(B) identify stakeholders in the program and
provide an assessment of their needs;
(C) contain a developed set of quantitative metrics
to measure, to the extent possible, program output;
(D) contain a developed set of qualitative
instruments (including surveys and expert interviews)
to assess the extent to which stakeholders believe
their needs are being met; and
(E) include a privacy and civil liberties impact
assessment.
(2) Privacy and civil liberties.--Not later than 1 year
after the date on which the program is implemented, the Privacy
and Civil Liberties Oversight Board established under section
1061 of the Intelligence Reform and Terrorist Prevention Act of
2004 (5 U.S.C. 601 note), in consultation with the Privacy
Officer of the Department and the Officer for Civil Rights and
Civil Liberties of the Department, shall submit to Congress,
the Secretary, and the Chief Intelligence Officer of the
Department a report on the privacy and civil liberties impact
of the program.
SEC. 122. 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.), as amended by
this Act, is amended by adding at the end the following:
``SEC. 207. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
``(a) Establishment.--
``(1) In general.--The Secretary, acting through the Chief
Intelligence Officer, and in consultation with the Chief Human
Capital Officer, shall establish a fellowship program in
accordance with this section for the purpose of--
``(A) detailing State, local, and tribal law
enforcement officers and intelligence analysts to the
Department in accordance with subchapter VI of chapter
33 of title 5, United States Code, to participate in
the work of the Office of Intelligence and Analysis in
order to become familiar with--
``(i) the relevant missions and
capabilities of the Department and other
Federal agencies; and
``(ii) the role, programs, products, and
personnel of the Office of Intelligence and
Analysis; and
``(B) promoting information sharing between the
Department and State, local, and tribal law enforcement
officers and intelligence analysts by assigning such
officers and analysts to--
``(i) serve as a point of contact in the
Department to assist in the representation of
State, local, and tribal homeland security
information needs;
``(ii) identify homeland security
information of interest to State, local, and
tribal law enforcement officers, emergency
response providers, and intelligence analysts;
and
``(iii) assist Department analysts in
preparing and disseminating terrorism-related
products that are tailored to State, local, and
tribal emergency response providers, law
enforcement officers, and intelligence analysts
and designed to prepare for and 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 under this
section, an individual shall--
``(A) have homeland security-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 Chief Intelligence
Officer;
``(D) be an employee of an eligible entity; and
``(E) have undergone appropriate privacy and civil
liberties training that is developed, supported, or
sponsored by the Privacy Officer and the Officer for
Civil Rights and Civil Liberties, in partnership with
the Privacy and Civil Liberties Oversight Board
established under section 1061 of the Intelligence
Reform and Terrorist Prevention Act of 2004 (5 U.S.C.
601 note).
``(2) Eligible entities.--In this subsection, the term
`eligible entity' means--
``(A) a State, local, or regional fusion center;
``(B) a State or local law enforcement or other
government entity that serves a major metropolitan
area, suburban area, or rural area, as determined by
the Secretary;
``(C) a State or local law enforcement or other
government entity with port, border, or agricultural
responsibilities, as determined by the Secretary;
``(D) a tribal law enforcement or other authority;
or
``(E) such other entity as the Secretary determines
is appropriate.
``(c) Optional Participation.--No State, local, or tribal law
enforcement or other government entity shall be required to participate
in the Homeland Security Information Sharing Fellows Program.
``(d) Procedures for Nomination and Selection.--
``(1) In general.--The Chief Intelligence Officer 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 Chief Intelligence Officer shall--
``(A) select law enforcement officers and
intelligence analysts representing a broad cross-
section of State, local, and tribal agencies; and
``(B) ensure that the number of Information Sharing
Fellows selected does not impede the activities of the
Office of Intelligence and Analysis.
``(e) Definitions.--In this section--
``(1) the term `Chief Intelligence Officer' means the Chief
Intelligence Officer of the Department; and
``(2) the term `Office of Intelligence and Analysis' means
the office of the Chief Intelligence Officer.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 206,
as added by this Act, the following:
``Sec. 207. Homeland Security Information Sharing Fellows Program.''.
(c) Reports.--
(1) Concept of operations.--Not later than 90 days after
the date of enactment of this Act, and before the
implementation of the Homeland Security Information Sharing
Fellows Program under section 207 of the Homeland Security Act
of 2002, as added by subsection (a), (in this section referred
to as the ``Program'') the Secretary, in consultation with the
Privacy Officer of the Department, the Officer for Civil Rights
and Civil Liberties of the Department, and the Privacy and
Civil Liberties Oversight Board established under section 1061
of the Intelligence Reform and Terrorist Prevention Act of 2004
(5 U.S.C. 601 note), shall submit to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives
a report that contains a concept of operations for the Program,
which shall include a privacy and civil liberties impact
assessment.
(2) Review of privacy impact.--Not later than 1 year after
the date on which the Program is implemented, the Privacy and
Civil Liberties Oversight Board established under section 1061
of the Intelligence Reform and Terrorist Prevention Act of 2004
(5 U.S.C. 601 note), in consultation with the Privacy Officer
of the Department and the Officer for Civil Rights and Civil
Liberties of the Department, shall submit to Congress, the
Secretary, and the Chief Intelligence Officer of the Department
a report on the privacy and civil liberties impact of the
Program.
SEC. 123. RURAL POLICING INSTITUTE.
(a) In General.--There is established a Rural Policing Institute,
which shall be administered by the Office of State and Local Training
of the Federal Law Enforcement Training Center (based in Glynco,
Georgia), to--
(1) evaluate the needs of law enforcement agencies of units
of local government and tribal governments located in rural
areas;
(2) develop expert training programs designed to address
the needs of rural law enforcement agencies regarding combating
methamphetamine addiction and distribution, domestic violence,
law enforcement response related to school shootings, and other
topics identified in the evaluation conducted under paragraph
(1);
(3) provide the training programs described in paragraph
(2) to law enforcement agencies of units of local government
and tribal governments located in rural areas; and
(4) conduct outreach efforts to ensure that training
programs under the Rural Policing Institute reach law
enforcement officers of units of local government and tribal
governments located in rural areas.
(b) Curricula.--The training at the Rural Policing Institute
established under subsection (a) shall be configured in a manner so as
to not duplicate or displace any law enforcement program of the Federal
Law Enforcement Training Center in existence on the date of enactment
of this Act.
(c) Definition.--In this section, the term ``rural'' means area
that is not located in a metropolitan statistical area, as defined by
the Office of Management and Budget.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section (including for contracts, staff,
and equipment)--
(1) $10,000,000 for fiscal year 2008; and
(2) $5,000,000 for each of fiscal years 2009 through 2013.
Subtitle C--Interagency Threat Assessment and Coordination Group
SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
(a) In General.--As part of efforts to establish the information
sharing environment established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the program
manager shall oversee and coordinate the creation and ongoing operation
of an Interagency Threat Assessment and Coordination Group (in this
section referred to as the ``ITACG'').
(b) Responsibilities.--The ITACG shall facilitate the production of
federally coordinated products derived from information within the
scope of the information sharing environment established under section
1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485) and intended for distribution to State, local, and tribal
government officials and the private sector.
(c) Operations.--
(1) In general.--The ITACG shall be located at the
facilities of the National Counterterrorism Center of the
Office of the Director of National Intelligence.
(2) Management.--
(A) In general.--The Secretary shall assign a
senior level officer to manage and direct the
administration of the ITACG.
(B) Distribution.--The Secretary, in consultation
with the Attorney General and the heads of other
agencies, as appropriate, shall determine how specific
products shall be distributed to State, local, and
tribal officials and private sector partners under this
section.
(C) Standards for admission.--The Secretary, acting
through the Chief Intelligence Officer and in
consultation with the Director of National
Intelligence, the Attorney General, and the program
manager of the information sharing environment
established under section 1016 of the Intelligence
Reform and Terrorist Prevention Act of 2004 (6 U.S.C.
485), shall establish standards for the admission of
law enforcement and intelligence officials from a
State, local, or tribal government into the ITACG.
(d) Membership.--
(1) In general.--The ITACG shall include representatives
of--
(A) the Department;
(B) the Federal Bureau of Investigation;
(C) the Department of Defense;
(D) the Department of Energy;
(E) law enforcement and intelligence officials from
State, local, and tribal governments, as appropriate;
and
(F) other Federal entities as appropriate.
(2) Criteria.--The program manager for the information
sharing environment, in consultation with the Secretary of
Defense, the Secretary, the Director of National Intelligence,
and the Director of the Federal Bureau of Investigation shall
develop qualifying criteria and establish procedures for
selecting personnel assigned to the ITACG and for the proper
handling and safeguarding of information related to terrorism.
(e) Inapplicability of the Federal Advisory Committee Act.--The
ITACG and any subsidiary groups thereof shall not be subject to the
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
TITLE II--HOMELAND SECURITY GRANTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Homeland Security Grant
Enhancement Act of 2007''.
SEC. 202. HOMELAND SECURITY GRANT PROGRAM.
The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
by adding at the end the following:
``TITLE XX--HOMELAND SECURITY GRANTS
``SEC. 2001. DEFINITIONS.
``In this title, the following definitions shall apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Combined statistical area.--The term `combined
statistical area' means a combined statistical area, as defined
by the Office of Management and Budget.
``(3) Directly eligible tribe.--The term `directly eligible
tribe' means--
``(A) any Indian tribe that--
``(i) is located in the continental United
States;
``(ii) operates a law enforcement or
emergency response agency with the capacity to
respond to calls for law enforcement or
emergency services;
``(iii) is located--
``(I) on, or within 50 miles of, an
international border or a coastline
bordering an ocean or international
waters;
``(II) within 10 miles of critical
infrastructure or has critical
infrastructure within its territory; or
``(III) within or contiguous to 1
of the 50 largest metropolitan
statistical areas in the United States;
and
``(iv) certifies to the Secretary that a
State is not making funds distributed under
this title available to the Indian tribe or
consortium of Indian tribes for the purpose for
which the Indian tribe or consortium of Indian
tribes is seeking grant funds; and
``(B) a consortium of Indian tribes, if each tribe
satisfies the requirements of subparagraph (A).
``(4) Eligible metropolitan area.--The term `eligible
metropolitan area' means the following:
``(A) In general.--A combination of 2 or more
incorporated municipalities, counties, parishes, or
Indian tribes that--
``(i) is within--
``(I) any of the 100 largest
metropolitan statistical areas in the
United States; or
``(II) any combined statistical
area, of which any metropolitan
statistical area described in
subparagraph (A) is a part; and
``(ii) includes the city with the largest
population in that metropolitan statistical
area.
``(B) Other combinations.--Any other combination of
contiguous local or tribal governments that are
formally certified by the Administrator as an eligible
metropolitan area for purposes of this title with the
consent of the State or States in which such local or
tribal governments are located.
``(C) Inclusion of additional local governments.--
An eligible metropolitan area may include additional
local or tribal governments outside the relevant
metropolitan statistical area or combined statistical
area that are likely to be affected by, or be called
upon to respond to, a terrorist attack within the
metropolitan statistical area.
``(5) Indian tribe.--The term `Indian tribe' has the
meaning given that term in section 4(e) of the Indian Self-
Determination Act (25 U.S.C. 450b(e)).
``(6) Metropolitan statistical area.--The term
`metropolitan statistical area' means a metropolitan
statistical area, as defined by the Office of Management and
Budget.
``(7) National special security event.--The term `National
Special Security Event' means a designated event that, by
virtue of its political, economic, social, or religious
significance, may be the target of terrorism or other criminal
activity.
``(8) Population.--The term `population' means population
according to the most recent United States census population
estimates available at the start of the relevant fiscal year.
``(9) Population density.--The term `population density'
means population divided by land area in square miles.
``(10) Target capabilities.--The term `target capabilities'
means the target capabilities for Federal, State, local, and
tribal government preparedness for which guidelines are
required to be established under section 646(a) of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
746(a)).
``(11) Tribal government.--The term `tribal government'
means the government of an Indian tribe.
``SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.
``(a) Grants Authorized.--The Secretary, through the Administrator,
may award grants to State, local, and tribal governments for the
purposes of this title.
``(b) Programs Not Affected.--This title shall not be construed to
affect any authority to award grants under any of the following Federal
programs:
``(1) The firefighter assistance programs authorized under
section 33 and 34 of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
``(2) The Urban Search and Rescue Grant Program authorized
under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
``(3) Grants to protect critical infrastructure, including
port security grants authorized under section 70107 of title
46, United States Code, and the grants authorized in title XIV
and XV of the Improving America's Security Act of 2007.
``(4) The Metropolitan Medical Response System authorized
under section 635 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 723).
``(5) Grant programs other than those administered by the
Department.
``(c) Relationship to Other Laws.--
``(1) In general.--The grant programs authorized under this
title shall supercede all grant programs authorized under
section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
``(2) Program integrity.--Each grant program under this
title, section 1809 of this Act, or section 662 of the Post-
Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763)
shall include, consistent with the Improper Payments
Information Act of 2002 (31 U.S.C. 3321 note), policies and
procedures for--
``(A) identifying activities funded under any such
grant program that are susceptible to significant
improper payments; and
``(B) reporting the incidence of improper payments
to the Department.
``(3) Allocation.--Except as provided under paragraph (2)
of this subsection, the allocation of grants authorized under
this title shall be governed by the terms of this title and not
by any other provision of law.
``(d) Minimum Performance Requirements.--
``(1) In general.--The Administrator shall--
``(A) establish minimum performance requirements
for entities that receive homeland security grants;
``(B) conduct, in coordination with State,
regional, local, and tribal governments receiving
grants under this title, section 1809 of this Act, or
section 662 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 763), simulations and
exercises to test the minimum performance requirements
established under subparagraph (A) for--
``(i) emergencies (as that term is defined
in section 102 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5122)) and major disasters not less
than twice each year; and
``(ii) catastrophic incidents (as that term
is defined in section 501) not less than once
each year; and
``(C) ensure that entities that the Administrator
determines are failing to demonstrate minimum
performance requirements established under subparagraph
(A) shall remedy the areas of failure, not later than
the end of the second full fiscal year after the date
of such determination by--
``(i) establishing a plan for the
achievement of the minimum performance
requirements under subparagraph (A),
including--
``(I) developing intermediate
indicators for the 2 fiscal years
following the date of such
determination; and
``(II) conducting additional
simulations and exercises; and
``(ii) revising an entity's homeland
security plan, if necessary, to achieve the
minimum performance requirements under
subparagraph (A).
``(2) Waiver.--At the discretion of the Administrator, the
occurrence of an actual emergency, major disaster, or
catastrophic incident in an area may be deemed as a simulation
under paragraph (1)(B).
``(3) Report to congress.--Not later than the end of the
first full fiscal year after the date of enactment of the
Improving America's Security Act of 2007, and each fiscal year
thereafter, the Administrator shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and to
the Committee on Homeland Security of the House of
Representatives a report describing--
``(A) the performance of grantees under paragraph
(1)(A);
``(B) lessons learned through the simulations and
exercises under paragraph (1)(B); and
``(C) efforts being made to remedy failed
performance under paragraph (1)(C).
``SEC. 2003. URBAN AREA SECURITY INITIATIVE.
``(a) Establishment.--There is established an Urban Area Security
Initiative to provide grants to assist high-risk metropolitan areas in
preventing, preparing for, protecting against, responding to, and
recovering from acts of terrorism.
``(b) Application.--
``(1) In general.--An eligible metropolitan area may apply
for grants under this section.
``(2) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis for
grants distributed under the program.
``(3) Information.--In an application for a grant under
this section, an eligible metropolitan area shall submit--
``(A) a plan describing the proposed division of
responsibilities and distribution of funding among the
local and tribal governments in the eligible
metropolitan area;
``(B) the name of an individual to serve as a
metropolitan area liaison with the Department and among
the various jurisdictions in the metropolitan area; and
``(C) such information in support of the
application as the Administrator may reasonably
require.
``(c) State Review and Transmission.--
``(1) In general.--To ensure consistency with State
homeland security plans, an eligible metropolitan area applying
for a grant under this section shall submit its application to
each State within which any part of the eligible metropolitan
area is located for review before submission of such
application to the Department.
``(2) Deadline.--Not later than 30 days after receiving an
application from an eligible metropolitan area under paragraph
(1), each such State shall transmit the application to the
Department.
``(3) State disagreement.--If the Governor of any such
State determines that an application of an eligible
metropolitan area is inconsistent with the State homeland
security plan of that State, or otherwise does not support the
application, the Governor shall--
``(A) notify the Administrator, in writing, of that
fact; and
``(B) provide an explanation of the reason for not
supporting the application at the time of transmission
of the application.
``(d) Prioritization.--In allocating funds among metropolitan areas
applying for grants under this section, the Administrator shall
consider--
``(1) the relative threat, vulnerability, and consequences
faced by the eligible metropolitan area from a terrorist
attack, including consideration of--
``(A) the population of the eligible metropolitan
area, including appropriate consideration of military,
tourist, and commuter populations;
``(B) the population density of the eligible
metropolitan area;
``(C) the history of threats faced by the eligible
metropolitan area, including--
``(i) whether there has been a prior
terrorist attack in the eligible metropolitan
area; and
``(ii) whether any part of the eligible
metropolitan area, or any critical
infrastructure or key resource within the
eligible metropolitan area, has ever
experienced a higher threat level under the
Homeland Security Advisory System than other
parts of the United States;
``(D) the degree of threat, vulnerability, and
consequences to the eligible metropolitan area related
to critical infrastructure or key resources identified
by the Secretary or the State homeland security plan,
including threats, vulnerabilities, and consequences
from critical infrastructure in nearby jurisdictions;
``(E) whether the eligible metropolitan area is
located at or near an international border;
``(F) whether the eligible metropolitan area has a
coastline bordering ocean or international waters;
``(G) threats, vulnerabilities, and consequences
faced by the eligible metropolitan area related to at-
risk sites or activities in nearby jurisdictions,
including the need to respond to terrorist attacks
arising in those jurisdictions;
``(H) the most current threat assessments available
to the Department;
``(I) the extent to which the eligible metropolitan
area has unmet target capabilities;
``(J) the extent to which the eligible metropolitan
area includes--
``(i) all incorporated municipalities,
counties, parishes, and Indian tribes within
the relevant metropolitan statistical area or
combined statistical area the inclusion of
which will enhance regional efforts to prevent,
prepare for, protect against, respond to, and
recover from acts of terrorism; and
``(ii) other local governments and tribes
that are likely to be called upon to respond to
a terrorist attack within the eligible
metropolitan area; and
``(K) such other factors as are specified in
writing by the Administrator; and
``(2) the anticipated effectiveness of the proposed
spending plan for the eligible metropolitan area in increasing
the ability of that eligible metropolitan area to prevent,
prepare for, protect against, respond to, and recover from
terrorism, to meet its target capabilities, and to otherwise
reduce the overall risk to the metropolitan area, the State,
and the Nation.
``(e) Opportunity to Amend.--In considering applications for grants
under this section, the Administrator shall provide applicants with a
reasonable opportunity to correct defects in the application, if any,
before making final awards.
``(f) Allowable Uses.--Grants awarded under this section may be
used to achieve target capabilities, consistent with a State homeland
security plan and relevant local and regional homeland security plans,
through--
``(1) developing and enhancing State, local, or regional
plans, risk assessments, or mutual aid agreements;
``(2) purchasing, upgrading, storing, or maintaining
equipment;
``(3) designing, conducting, and evaluating training and
exercises, including exercises of mass evacuation plans under
section 512 and including the payment of overtime and backfill
costs in support of such activities;
``(4) responding to an increase in the threat level under
the Homeland Security Advisory System, or to the needs
resulting from a National Special Security Event, including
payment of overtime and backfill costs;
``(5) establishing, enhancing, and staffing with
appropriately qualified personnel State and local fusion
centers that comply with the guidelines established under
section 206(i);
``(6) protecting critical infrastructure and key resources
identified in the Critical Infrastructure List established
under section 1101 of the Improving America's Security Act of
2007, including the payment of appropriate personnel costs;
``(7) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for the Urban Area Security
Initiative or the Law Enforcement Terrorism Prevention Grant
Program, including activities permitted under the full-time
counterterrorism staffing pilot; and
``(8) any other activity relating to achieving target
capabilities approved by the Administrator.
``(g) Distribution of Awards to Metropolitan Areas.--
``(1) In general.--If the Administrator approves the
application of an eligible metropolitan area for a grant under
this section, the Administrator shall distribute the grant
funds to the State or States in which the eligible metropolitan
area is located.
``(2) State distribution of funds.--
``(A) In general.--Each State shall provide the
eligible metropolitan area not less than 80 percent of
the grant funds. Any funds retained by a State shall be
expended on items or services approved by the
Administrator that benefit the eligible metropolitan
area.
``(B) Funds retained.--A State shall provide each
relevant eligible metropolitan area with an accounting
of the items or services on which any funds retained by
the State under subparagraph (A) were expended.
``(3) Multistate regions.--If parts of an eligible
metropolitan area awarded a grant are located in 2 or more
States, the Secretary shall distribute to each such State--
``(A) a portion of the grant funds in accordance
with the proposed distribution set forth in the
application; or
``(B) if no agreement on distribution has been
reached, a portion of the grant funds in proportion to
each State's share of the population of the eligible
metropolitan area.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
``(1) for fiscal year 2007, such sums as are necessary;
``(2) for each of fiscal years 2008, 2009, and 2010,
$1,278,639,000; and
``(3) for fiscal year 2011, and each fiscal year
thereafter, such sums as are necessary.
``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
``(a) Establishment.--There is established a State Homeland
Security Grant Program to assist State, local, and tribal governments
in preventing, preparing for, protecting against, responding to, and
recovering from acts of terrorism.
``(b) Application.--
``(1) In general.--Each State may apply for a grant under
this section, and shall submit such information in support of
the application as the Administrator may reasonably require.
``(2) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis for
grants distributed under the program.
``(c) Prioritization.--In allocating funds among States applying
for grants under this section, the Administrator shall consider--
``(1) the relative threat, vulnerability, and consequences
faced by a State from a terrorist attack, including
consideration of--
``(A) the size of the population of the State,
including appropriate consideration of military,
tourist, and commuter populations;
``(B) the population density of the State;
``(C) the history of threats faced by the State,
including--
``(i) whether there has been a prior
terrorist attack in an urban area that is
wholly or partly in the State, or in the State
itself; and
``(ii) whether any part of the State, or
any critical infrastructure or key resource
within the State, has ever experienced a higher
threat level under the Homeland Security
Advisory System than other parts of the United
States;
``(D) the degree of threat, vulnerability, and
consequences related to critical infrastructure or key
resources identified by the Secretary or the State
homeland security plan;
``(E) whether the State has an international
border;
``(F) whether the State has a coastline bordering
ocean or international waters;
``(G) threats, vulnerabilities, and consequences
faced by a State related to at-risk sites or activities
in adjacent States, including the State's need to
respond to terrorist attacks arising in adjacent
States;
``(H) the most current threat assessments available
to the Department;
``(I) the extent to which the State has unmet
target capabilities; and
``(J) such other factors as are specified in
writing by the Administrator;
``(2) the anticipated effectiveness of the proposed
spending plan of the State in increasing the ability of the
State to--
``(A) prevent, prepare for, protect against,
respond to, and recover from terrorism;
``(B) meet the target capabilities of the State;
and
``(C) otherwise reduce the overall risk to the
State and the Nation; and
``(3) the need to balance the goal of ensuring the target
capabilities of the highest risk areas are achieved quickly and
the goal of ensuring that basic levels of preparedness, as
measured by the attainment of target capabilities, are achieved
nationwide.
``(d) Minimum Allocation.--In allocating funds under subsection
(c), the Administrator shall ensure that, for each fiscal year--
``(1) except as provided for in paragraph (2), no State
receives less than an amount equal to 0.45 percent of the total
funds appropriated for the State Homeland Security Grant
Program; and
``(2) American Samoa, the Commonwealth of the Northern
Mariana Islands, Guam, and the Virgin Islands each receive not
less than 0.08 percent of the amounts appropriated for the
State Homeland Security Grant Program.
``(e) Multistate Partnerships.--
``(1) In general.--Instead of, or in addition to, any
application for funds under subsection (b), 2 or more States
may submit an application under this paragraph for multistate
efforts to prevent, prepare for, protect against, respond to,
or recover from acts of terrorism.
``(2) Grantees.--Multistate grants may be awarded to
either--
``(A) an individual State acting on behalf of a
consortium or partnership of States with the consent of
all member States; or
``(B) a group of States applying as a consortium or
partnership.
``(3) Administration of grant.--If a group of States apply
as a consortium or partnership such States shall submit to the
Secretary at the time of application a plan describing--
``(A) the division of responsibilities for
administering the grant; and
``(B) the distribution of funding among the various
States and entities that are party to the application.
``(f) Funding for Local and Tribal Governments.--
``(1) In general.--The Administrator shall require that,
not later than 60 days after receiving grant funding, any State
receiving a grant under this section shall make available to
local and tribal governments and emergency response providers,
consistent with the applicable State homeland security plan--
``(A) not less than 80 percent of the grant funds;
``(B) with the consent of local and tribal
governments, the resources purchased with such grant
funds having a value equal to not less than 80 percent
of the amount of the grant; or
``(C) grant funds combined with resources purchased
with the grant funds having a value equal to not less
than 80 percent of the amount of the grant.
``(2) Extension of period.--The Governor of a State may
request in writing that the Administrator extend the period
under paragraph (1) for an additional period of time. The
Administrator may approve such a request, and may extend such
period for an additional period, if the Administrator
determines that the resulting delay in providing grant funding
to the local and tribal governments and emergency response
providers is necessary to promote effective investments to
prevent, prepare for, protect against, respond to, and recover
from terrorism, or to meet the target capabilities of the
State.
``(3) Indian tribes.--States shall be responsible for
allocating grant funds received under this section to tribal
governments in order to help those tribal communities achieve
target capabilities. Indian tribes shall be eligible for
funding directly from the States, and shall not be required to
seek funding from any local government.
``(4) Exception.--Paragraph (1) shall not apply to the
District of Columbia, the Commonwealth of Puerto Rico, American
Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
or the Virgin Islands.
``(g) Grants to Directly Eligible Tribes.--
``(1) In general.--Notwithstanding subsection (b), the
Secretary may award grants to directly eligible tribes under
this section.
``(2) Tribal applications.--A directly eligible tribe may
apply for a grant under this section by submitting an
application to the Administrator that includes the information
required for an application by a State under subsection (b).
``(3) State review.--
``(A) In general.--To ensure consistency with State
homeland security plans, a directly eligible tribe
applying for a grant under this section shall submit
its application to each State within which any part of
the tribe is located for review before submission of
such application to the Department.
``(B) Deadline.--Not later than 30 days after
receiving an application from a directly eligible tribe
under subparagraph (A), each such State shall transmit
the application to the Department.
``(C) State disagreement.--If the Governor of any
such State determines that the application of a
directly eligible tribe is inconsistent with the State
homeland security plan of that State, or otherwise does
not support the application, the Governor shall--
``(i) notify the Administrator, in writing,
of that fact; and
``(ii) provide an explanation of the reason
for not supporting the application at the time
of transmission of the application.
``(4) Distribution of awards to directly eligible tribes.--
If the Administrator awards funds to a directly eligible tribe
under this section, the Administrator shall distribute the
grant funds directly to the directly eligible tribe. The funds
shall not be distributed to the State or States in which the
directly eligible tribe is located.
``(5) Tribal liaison.--A directly eligible tribe applying
for a grant under this section shall designate a specific
individual to serve as the tribal liaison who shall--
``(A) coordinate with Federal, State, local,
regional, and private officials concerning terrorism
preparedness;
``(B) develop a process for receiving input from
Federal, State, local, regional, and private officials
to assist in the development of the application of such
tribe and to improve the access of such tribe to
grants; and
``(C) administer, in consultation with State,
local, regional, and private officials, grants awarded
to such tribe.
``(6) Tribes receiving direct grants.--A directly eligible
tribe that receives a grant directly under this section is
eligible to receive funds for other purposes under a grant from
the State or States within the boundaries of which any part of
such tribe is located, consistent with the homeland security
plan of the State.
``(7) Rule of construction.--Nothing in this section shall
be construed to affect the authority of an Indian tribe that
receives funds under this section.
``(h) Opportunity To Amend.--In considering applications for grants
under this section, the Administrator shall provide applicants with a
reasonable opportunity to correct defects in the application, if any,
before making final awards.
``(i) Allowable Uses.--Grants awarded under this section may be
used to achieve target capabilities, consistent with a State homeland
security plan, through--
``(1) developing and enhancing State, local, tribal, or
regional plans, risk assessments, or mutual aid agreements;
``(2) purchasing, upgrading, storing, or maintaining
equipment;
``(3) designing, conducting, and evaluating training and
exercises, including exercises of mass evacuation plans under
section 512 and including the payment of overtime and backfill
costs in support of such activities;
``(4) responding to an increase in the threat level under
the Homeland Security Advisory System, including payment of
overtime and backfill costs;
``(5) establishing, enhancing, and staffing with
appropriately qualified personnel State and local fusion
centers, that comply with the guidelines established under
section 206(i);
``(6) protecting critical infrastructure and key resources
identified in the Critical Infrastructure List established
under section 1101 of the Improving America's Security Act of
2007, including the payment of appropriate personnel costs;
``(7) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for the State Homeland
Security Grant Program or the Law Enforcement Terrorism
Prevention Grant Program, including activities permitted under
the full-time counterterrorism staffing pilot; and
``(8) any other activity relating to achieving target
capabilities approved by the Administrator.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
``(1) for fiscal year 2007, such sums as are necessary;
``(2) for each of fiscal years 2008, 2009, and 2010,
$913,180,500; and
``(3) for fiscal year 2011, and each fiscal year
thereafter, such sums as are necessary.
``SEC. 2005. TERRORISM PREVENTION.
``(a) Law Enforcement Terrorism Prevention Program.--
``(1) In general.--The Administrator shall designate not
less than 25 percent of the combined amount appropriated for
grants under sections 2003 and 2004 to be used for law
enforcement terrorism prevention activities.
``(2) Use of funds.--Grants awarded under this subsection
may be used for--
``(A) information sharing to preempt terrorist
attacks;
``(B) target hardening to reduce the vulnerability
of selected high value targets;
``(C) threat recognition to recognize the potential
or development of a threat;
``(D) intervention activities to interdict
terrorists before they can execute a threat;
``(E) overtime expenses related to a State homeland
security plan, including overtime costs associated with
providing enhanced law enforcement operations in
support of Federal agencies for increased border
security and border crossing enforcement;
``(F) establishing, enhancing, and staffing with
appropriately qualified personnel State and local
fusion centers that comply with the guidelines
established under section 206(i);
``(G) any other activity permitted under the Fiscal
Year 2007 Program Guidance of the Department for the
Law Enforcement Terrorism Prevention Program; and
``(H) any other terrorism prevention activity
authorized by the Administrator.
``(b) Office for the Prevention of Terrorism.--
``(1) Establishment.--There is established in the
Department an Office for the Prevention of Terrorism, which
shall be headed by a Director.
``(2) Director.--
``(A) Reporting.--The Director of the Office for
the Prevention of Terrorism shall report directly to
the Secretary.
``(B) Qualifications.--The Director of the Office
for the Prevention of Terrorism shall have an
appropriate background with experience in law
enforcement, intelligence, and other antiterrorist
functions.
``(3) Assignment of personnel.--
``(A) In general.--The Secretary shall assign to
the Office for the Prevention of Terrorism permanent
staff and other appropriate personnel detailed from
other components of the Department to carry out the
responsibilities under this section.
``(B) Liaisons.--The Secretary shall designate
senior employees from each component of the Department
that has significant antiterrorism responsibilities to
act as liaisons between that component and the Office
for the Prevention of Terrorism.
``(4) Responsibilities.--The Director of the Office for the
Prevention of Terrorism shall--
``(A) coordinate policy and operations between the
Department and State, local, and tribal government
agencies relating to preventing acts of terrorism
within the United States;
``(B) serve as a liaison between State, local, and
tribal law enforcement agencies and the Department;
``(C) in coordination with the Office of
Intelligence and Analysis, develop better methods for
the sharing of intelligence with State, local, and
tribal law enforcement agencies;
``(D) work with the Administrator to ensure that
homeland security grants to State, local, and tribal
government agencies, including grants under this title,
the Commercial Equipment Direct Assistance Program, and
grants to support fusion centers and other law
enforcement-oriented programs are adequately focused on
terrorism prevention activities, including through
review of budget requests for those programs; and
``(E) coordinate with the Federal Emergency
Management Agency, the Department of Justice, the
National Institute of Justice, law enforcement
organizations, and other appropriate entities to
support the development, promulgation, and updating, as
necessary, of national voluntary consensus standards
for training and personal protective equipment to be
used in a tactical environment by law enforcement
officers.
``(5) Pilot project.--
``(A) In general.--The Director of the Office for
the Prevention of Terrorism, in coordination with the
Administrator, shall establish a pilot project to
determine the efficacy and feasibility of establishing
law enforcement deployment teams.
``(B) Function.--The law enforcement deployment
teams participating in the pilot program under this
paragraph shall form the basis of a national network of
standardized law enforcement resources to assist State,
local, and tribal governments in responding to natural
disasters, acts of terrorism, or other man-made
disaster.
``(6) Construction.--Nothing in this section may be
construed to affect the roles or responsibilities of the
Department of Justice.
``SEC. 2006. RESTRICTIONS ON USE OF FUNDS.
``(a) Limitations on Use.--
``(1) Construction.--
``(A) In general.--Grants awarded under this title
may not be used to acquire land or to construct
buildings or other physical facilities.
``(B) Exceptions.--
``(i) In general.--Notwithstanding
subparagraph (A), nothing in this paragraph
shall prohibit the use of grants awarded under
this title to achieve target capabilities
through--
``(I) the construction of
facilities described in section 611 of
the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C.
5196); or
``(II) the alteration or remodeling
of existing buildings for the purpose
of making such buildings secure against
terrorist attacks or able to withstand
or protect against chemical,
radiological, or biological attacks.
``(ii) Requirements for exception.--No
grant awards may be used for the purposes under
clause (i) unless--
``(I) specifically approved by the
Administrator;
``(II) the construction occurs
under terms and conditions consistent
with the requirements under section
611(j)(9) of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196(j)(9));
and
``(III) the amount allocated for
purposes under clause (i) does not
exceed 20 percent of the grant award.
``(2) Personnel.--
``(A) In general.--For any grant awarded under
section 2003 or 2004--
``(i) not more than 25 percent of the
amount awarded to a grant recipient may be used
to pay overtime and backfill costs; and
``(ii) not more than 25 percent of the
amount awarded to the grant recipient may be
used to pay personnel costs not described in
clause (i).
``(B) Waiver.--At the request of the recipient of a
grant under section 2003 or section 2004, the
Administrator may grant a waiver of any limitation
under subparagraph (A).
``(C) Exception. The limitations under subparagraph
(A) shall not apply to activities permitted under the
full-time counterterrorism staffing pilot, as described
in the Fiscal Year 2007 Program Guidance of the
Department for the Urban Area Security Initiative.
``(3) Recreation.--Grants awarded under this title may not
be used for recreational or social purposes.
``(b) Multiple-Purpose Funds.--Nothing in this title shall be
construed to prohibit State, local, or tribal governments from using
grant funds under sections 2003 and 2004 in a manner that enhances
preparedness for disasters unrelated to acts of terrorism, if such use
assists such governments in achieving capabilities for terrorism
preparedness established by the Administrator.
``(c) Equipment Standards.--If an applicant for a grant under this
title proposes to upgrade or purchase, with assistance provided under
that grant, new equipment or systems that do not meet or exceed any
applicable national voluntary consensus standards developed under
section 647 of the Post-Katrina Emergency Management Reform Act of 2006
(6 U.S.C. 747), the applicant shall include in its application an
explanation of why such equipment or systems will serve the needs of
the applicant better than equipment or systems that meet or exceed such
standards.
``(d) Supplement Not Supplant.--Amounts appropriated for grants
under this title shall be used to supplement and not supplant other
State, local, and tribal government public funds obligated for the
purposes provided under this title.
``SEC. 2007. ADMINISTRATION AND COORDINATION.
``(a) Administrator.--The Administrator shall, in consultation with
other appropriate offices within the Department, have responsibility
for administering all homeland security grant programs administered by
the Department and for ensuring coordination among those programs and
consistency in the guidance issued to recipients across those programs.
``(b) National Advisory Council.--To ensure input from and
coordination with State, local, and tribal governments and emergency
response providers, the Administrator shall regularly consult and work
with the National Advisory Council established under section 508 on the
administration and assessment of grant programs administered by the
Department, including with respect to the development of program
guidance and the development and evaluation of risk-assessment
methodologies.
``(c) Regional Coordination.--The Administrator shall ensure that--
``(1) all recipients of homeland security grants
administered by the Department, as a condition of receiving
those grants, coordinate their prevention, preparedness, and
protection efforts with neighboring State, local, and tribal
governments, as appropriate; and
``(2) all metropolitan areas and other recipients of
homeland security grants administered by the Department that
include or substantially affect parts or all of more than 1
State, coordinate across State boundaries, including, where
appropriate, through the use of regional working groups and
requirements for regional plans, as a condition of receiving
Departmentally administered homeland security grants.
``(d) Planning Committees.--
``(1) In general.--Any State or metropolitan area receiving
grants under section 2003 or 2004 shall establish a planning
committee to assist in preparation and revision of the State,
regional, or local homeland security plan and to assist in
determining effective funding priorities.
``(2) Composition.--
``(A) In general.--The planning committee shall
include representatives of significant stakeholders,
including--
``(i) local and tribal government
officials; and
``(ii) emergency response providers, which
shall include representatives of the fire
service, law enforcement, emergency medical
response, and emergency managers.
``(B) Geographic representation.--The members of
the planning committee shall be a representative group
of individuals from the counties, cities, towns, and
Indian tribes within the State or metropolitan areas,
including, as appropriate, representatives of rural,
high-population, and high-threat jurisdictions.
``(3) Existing planning committees.--Nothing in this
subsection may be construed to require that any State or
metropolitan area create a planning committee if that State or
metropolitan area has established and uses a
multijurisdictional planning committee or commission that meets
the requirements of this subsection.
``(e) Interagency Coordination.--The Secretary, through the
Administrator, in coordination with the Attorney General, the Secretary
of Health and Human Services, and other agencies providing assistance
to State, local, and tribal governments for preventing, preparing for,
protecting against, responding to, and recovering from natural
disasters, acts of terrorism, and other man-made disasters, and not
later than 12 months after the date of enactment of the Improving
America's Security Act of 2007, shall--
``(1) compile a comprehensive list of Federal programs that
provide assistance to State, local, and tribal governments for
preventing, preparing for, and responding to, natural
disasters, acts of terrorism, and other man-made disasters;
``(2) develop a proposal to coordinate, to the greatest
extent practicable, the planning, reporting, application, and
other requirements and guidance for homeland security
assistance programs to--
``(A) eliminate redundant and duplicative
requirements, including onerous application and ongoing
reporting requirements;
``(B) ensure accountability of the programs to the
intended purposes of such programs;
``(C) coordinate allocation of grant funds to avoid
duplicative or inconsistent purchases by the
recipients; and
``(D) make the programs more accessible and user
friendly to applicants; and
``(3) submit the information and proposals under paragraphs
(1) and (2) to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives.
``SEC. 2008. ACCOUNTABILITY.
``(a) Reports to Congress.--
``(1) Funding efficacy.--The Administrator shall submit to
Congress, as a component of the annual Federal Preparedness
Report required under section 652 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 752), an evaluation of
the extent to which grants Administered by the Department,
including the grants established by this title--
``(A) have contributed to the progress of State,
local, and tribal governments in achieving target
capabilities; and
``(B) have led to the reduction of risk nationally
and in State, local, and tribal jurisdictions.
``(2) Risk assessment.--
``(A) In general.--For each fiscal year, the
Administrator shall provide to the Committee on
Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the
House of Representatives a detailed and comprehensive
explanation of the methodology used to calculate risk
and compute the allocation of funds under sections 2003
and 2004 of this title, including--
``(i) all variables included in the risk
assessment and the weights assigned to each;
``(ii) an explanation of how each such
variable, as weighted, correlates to risk, and
the basis for concluding there is such a
correlation; and
``(iii) any change in the methodology from
the previous fiscal year, including changes in
variables considered, weighting of those
variables, and computational methods.
``(B) Classified annex.--The information required
under subparagraph (A) shall be provided in
unclassified form to the greatest extent possible, and
may include a classified annex if necessary.
``(C) Deadline.--For each fiscal year, the
information required under subparagraph (A) shall be
provided on the earlier of--
``(i) October 31; or
``(ii) 30 days before the issuance of any
program guidance for grants under sections 2003
and 2004.
``(b) Reviews and Audits.--
``(1) Department review.--The Administrator shall conduct
periodic reviews of grants made under this title to ensure that
recipients allocate funds consistent with the guidelines
established by the Department.
``(2) Government accountability office.--
``(A) Access to information.--Each recipient of a
grant under this title and the Department shall provide
the Government Accountability Office with full access
to information regarding the activities carried out
under this title.
``(B) Audits and reports.--
``(i) Audit.--Not later than 12 months
after the date of enactment of the Improving
America's Security Act of 2007, and
periodically thereafter, the Comptroller
General of the United States shall conduct an
audit of grants made under this title.
``(ii) Report.--The Comptroller General of
the United States shall submit a report to the
Committee on Homeland Security and Governmental
Affairs of the Senate and the Committee on
Homeland Security of the House of
Representatives on--
``(I) the results of any audit
conducted under clause (i), including
an analysis of the purposes for which
the grant funds authorized under this
title are being spent; and
``(II) whether the grant recipients
have allocated funding consistent with
the State homeland security plan and
the guidelines established by the
Department.
``(3) Audit requirement.--Grant recipients that expend
$500,000 or more in grant funds received under this title
during any fiscal year shall submit to the Administrator an
organization-wide financial and compliance audit report in
conformance with the requirements of chapter 75 of title 31,
United States Code.
``(4) Recovery audits.--The Secretary shall conduct a
recovery audit (as that term is defined by the Director of the
Office of Management and Budget under section 3561 of title 31,
United States Code) for any grant administered by the
Department with a total value of $1,000,000 or greater.
``(c) Remedies for Noncompliance.--
``(1) In general.--If the Administrator finds, after
reasonable notice and an opportunity for a hearing, that a
recipient of a grant under this title has failed to
substantially comply with any provision of this title, or with
any regulations or guidelines of the Department regarding
eligible expenditures, the Administrator shall--
``(A) terminate any payment of grant funds to be
made to the recipient under this title;
``(B) reduce the amount of payment of grant funds
to the recipient by an amount equal to the amount of
grants funds that were not expended by the recipient in
accordance with this title; or
``(C) limit the use of grant funds received under
this title to programs, projects, or activities not
affected by the failure to comply.
``(2) Duration of penalty.--The Administrator shall apply
an appropriate penalty under paragraph (1) until such time as
the Secretary determines that the grant recipient is in full
compliance with this title or with applicable guidelines or
regulations of the Department.
``(3) Direct funding.--If a State fails to substantially
comply with any provision of this title or with applicable
guidelines or regulations of the Department, including failing
to provide local or tribal governments with grant funds or
resources purchased with grant funds in a timely fashion, a
local or tribal government entitled to receive such grant funds
or resources may petition the Administrator, at such time and
in such manner as determined by the Administrator, to request
that grant funds or resources be provided directly to the local
or tribal government.
``SEC. 2009. AUDITING.
``(a) Audits of Grants.--
``(1) In general.--Not later than the date described in
paragraph (2), and every 2 years thereafter, the Inspector
General of the Department shall conduct an audit of each entity
that receives a grant under the Urban Area Security Initiative,
the State Homeland Security Grant Program, or the Emergency
Management Performance Grant Program to evaluate the use of
funds under such grant program by such entity.
``(2) Timing.--The date described in this paragraph is the
later of 2 years after--
``(A) the date of enactment of the Improving
America's Security Act of 2007; and
``(B) the date that an entity first receives a
grant under the Urban Area Security Initiative, the
State Homeland Security Grant Program, or the Emergency
Management Performance Grant Program, as the case may
be.
``(3) Contents.--Each audit under this subsection shall
evaluate--
``(A) the use of funds under the relevant grant
program by an entity during the 2 full fiscal years
before the date of that audit;
``(B) whether funds under that grant program were
used by that entity as required by law; and
``(C)(i) for each grant under the Urban Area
Security Initiative or the State Homeland Security
Grant Program, the extent to which funds under that
grant were used to prepare for, protect against,
respond to, or recover from acts of terrorism; and
``(ii) for each grant under the Emergency
Management Performance Grant Program, the extent to
which funds under that grant were used to prevent,
prepare for, protect against, respond to, recover from,
or mitigate against all hazards, including natural
disasters, acts of terrorism, and other man-made
disasters.
``(4) Public availability on website.--The Inspector
General of the Department shall make each audit under this
subsection available on the website of the Inspector General.
``(5) Reporting.--
``(A) In general.--Not later than 2 years and 60
days after the date of enactment of the Improving
America's Security Act of 2007, and annually
thereafter, the Inspector General of the Department
shall submit to Congress a consolidated report
regarding the audits conducted under this subsection.
``(B) Contents.--Each report submitted under this
paragraph shall describe--
``(i)(I) for the first such report, the
audits conducted under this subsection during
the 2-year period beginning on the date of
enactment of the Improving America's Security
Act of 2007; and
``(II) for each subsequent such report, the
audits conducted under this subsection during
the fiscal year before the date of the
submission of that report;
``(ii) whether funds under each grant
audited during the period described in clause
(i) that is applicable to such report were used
as required by law; and
``(iii)(I) for grants under the Urban Area
Security Initiative or the State Homeland
Security Grant Program audited, the extent to
which, during the period described in clause
(i) that is applicable to such report, funds
under such grants were used to prepare for,
protect against, respond to, or recover from
acts of terrorism; and
``(II) for grants under the Emergency
Management Performance Grant Program audited,
the extent to which funds under such grants
were used during the period described in clause
(i) applicable to such report to prevent,
prepare for, protect against, respond to,
recover from, or mitigate against all hazards,
including natural disasters, acts of terrorism,
and other man-made disasters.
``(b) Audit of Other Preparedness Grants.--
``(1) In general.--Not later than the date described in
paragraph (2), the Inspector General of the Department shall
conduct an audit of each entity that receives a grant under the
Urban Area Security Initiative, the State Homeland Security
Grant Program, or the Emergency Management Performance Grant
Program to evaluate the use by that entity of any grant for
preparedness administered by the Department that was awarded
before the date of enactment of the Improving America's
Security Act of 2007.
``(2) Timing.--The date described in this paragraph is the
later of 2 years after--
``(A) the date of enactment of the Improving
America's Security Act of 2007; and
``(B) the date that an entity first receives a
grant under the Urban Area Security Initiative, the
State Homeland Security Grant Program, or the Emergency
Management Performance Grant Program, as the case may
be.
``(3) Contents.--Each audit under this subsection shall
evaluate--
``(A) the use of funds by an entity under any grant
for preparedness administered by the Department that
was awarded before the date of enactment of the
Improving America's Security Act of 2007;
``(B) whether funds under each such grant program
were used by that entity as required by law; and
``(C) the extent to which such funds were used to
enhance preparedness.
``(4) Public availability on website.--The Inspector
General of the Department shall make each audit under this
subsection available on the website of the Inspector General.
``(5) Reporting.--
``(A) In general.--Not later than 2 years and 60
days after the date of enactment of the Improving
America's Security Act of 2007, and annually
thereafter, the Inspector General of the Department
shall submit to Congress a consolidated report
regarding the audits conducted under this subsection.
``(B) Contents.--Each report submitted under this
paragraph shall describe--
``(i)(I) for the first such report, the
audits conducted under this subsection during
the 2-year period beginning on the date of
enactment of the Improving America's Security
Act of 2007; and
``(II) for each subsequent such report, the
audits conducted under this subsection during
the fiscal year before the date of the
submission of that report;
``(ii) whether funds under each grant
audited were used as required by law; and
``(iii) the extent to which funds under
each grant audited were used to enhance
preparedness.
``(c) Funding for Audits.--
``(1) In general.--The Administrator shall withhold 1
percent of the total amount of each grant under the Urban Area
Security Initiative, the State Homeland Security Grant Program,
and the Emergency Management Performance Grant Program for
audits under this section.
``(2) Availability of funds.--The Administrator shall make
amounts withheld under this subsection available as follows:
``(A) Amounts withheld from grants under the Urban
Area Security Initiative shall be made available for
audits under this section of entities receiving grants
under the Urban Area Security Initiative.
``(B) Amounts withheld from grants under the State
Homeland Security Grant Program shall be made available
for audits under this section of entities receiving
grants under the State Homeland Security Grant Program.
``(C) Amounts withheld from grants under the
Emergency Management Performance Grant Program shall be
made available for audits under this section of
entities receiving grants under the Emergency
Management Performance Grant Program.
``(d) Definition.--In this section, the term `Emergency Management
Performance Grants Program' means the Emergency Management Performance
Grants Program under section 662 of the Post-Katrina Emergency
Management Reform Act of 2006 (6 U.S.C. 763; Public Law 109-295).
``SEC. 2010. SENSE OF THE SENATE.
``It is the sense of the Senate that, in order to ensure that the
Nation is most effectively able to prevent, prepare for, protect
against, respond to, recovery from, and mitigate against all hazards,
including natural disasters, acts of terrorism, and other man-made
disasters--
``(1) the Department should administer a coherent and
coordinated system of both terrorism-focused and all-hazards
grants, the essential building blocks of which include--
``(A) the Urban Area Security Initiative and State
Homeland Security Grant Program established under this
title (including funds dedicated to law enforcement
terrorism prevention activities);
``(B) the Emergency Communications Operability and
Interoperable Communications Grants established under
section 1809; and
``(C) the Emergency Management Performance Grants
Program authorized under section 662 of the Post-
Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 763); and
``(2) to ensure a continuing and appropriate balance
between terrorism-focused and all-hazards preparedness, the
amounts appropriated for grants under the Urban Area Security
Initiative, State Homeland Security Grant Program, and
Emergency Management Performance Grants Program in any fiscal
year should be in direct proportion to the amounts authorized
for those programs for fiscal year 2008 under the amendments
made by titles II and IV, as applicable, of the Improving
America's Security Act of 2007.''.
SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.
(a) Sense of the Senate.--It is the sense of the Senate that the
Department of Homeland Security shall conduct no fewer than 7,500
trainings annually through the Domestic Preparedness Equipment
Technical Assistance Program.
(b) Report.--The Secretary of Homeland Security shall report no
later than September 30 annually to the Senate Homeland Security and
Governmental Affairs Committee, the House Homeland Security Committee,
Senate Appropriations Subcommittee on Homeland Security, and the House
Appropriations Subcommittee on Homeland Security--
(a) on the number of trainings conducted that year through the
Domestic Preparedness Equipment Technical Assistance Program; and
(b) if the number of trainings conducted that year is less than
7,500, an explanation of why fewer trainings were needed.
SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.
(a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended--
(1) by redesignating title XVIII, as added by the SAFE Port
Act (Public Law 109-347; 120 Stat. 1884), as title XIX;
(2) by redesignating sections 1801 through 1806, as added
by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as
sections 1901 through 1906, respectively;
(3) in section 1904(a), as so redesignated, by striking
``section 1802'' and inserting ``section 1902''; and
(4) in section 1906, as so redesignated, by striking
``section 1802(a)'' each place that term appears and inserting
``section 1902(a)''.
(b) Table of Contents.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by
striking the items relating to title XVIII and sections 1801 through
1806, as added by the SAFE Port Act (Public Law 109-347; 120 Stat.
1884), and inserting the following:
``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE
``Sec. 1901. Domestic Nuclear Detection Office.
``Sec. 1902. Mission of Office.
``Sec. 1903. Hiring authority.
``Sec. 1904. Testing authority.
``Sec. 1905. Relationship to other Department entities and Federal
agencies.
``Sec. 1906. Contracting and grant making authorities.
``TITLE XX--HOMELAND SECURITY GRANTS
``Sec. 2001. Definitions.
``Sec. 2002. Homeland Security Grant Program.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Terrorism prevention.
``Sec. 2006. Restrictions on use of funds.
``Sec. 2007. Administration and coordination.
``Sec. 2008. Accountability.
``Sec. 2009. Auditing.
``Sec. 2010. Sense of the Senate.''.
TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY
SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS
OPERABILITY AND INTEROPERABLE COMMUNICATIONS.
(a) Emergency Communications Operability and Interoperable
Communications.--
(1) In general.--Title XVIII of the Homeland Security Act
of 2002 (6 U.S.C. 571 et seq.) (relating to emergency
communications) is amended by adding at the end the following:
``SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE
COMMUNICATIONS GRANTS.
``(a) Definitions.--In this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Emergency Management Agency.
``(2) Emergency communications operability.--The term
`emergency communications operability' means the ability to
provide and maintain, throughout an emergency response
operation, a continuous flow of information among emergency
response providers, agencies, and government officers from
multiple disciplines and jurisdictions and at all levels of
government, in the event of a natural disaster, act of
terrorism, or other man-made disaster, including where there
has been significant damage to, or destruction of, critical
infrastructure, including substantial loss of ordinary
telecommunications infrastructure and sustained loss of
electricity.
``(b) In General.--The Administrator shall make grants to States
for initiatives necessary to achieve, maintain, or enhance Statewide,
regional, national and, as appropriate, international emergency
communications operability and interoperable communications.
``(c) Statewide Interoperable Communications Plans.--
``(1) Submission of plans.--The Administrator shall require
any State applying for a grant under this section to submit a
Statewide Interoperable Communications Plan as described under
section 7303(f) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(f)).
``(2) Coordination and consultation.--The Statewide plan
submitted under paragraph (1) shall be developed--
``(A) in coordination with local and tribal
governments, emergency response providers, and other
relevant State officers; and
``(B) in consultation with and subject to
appropriate comment by the applicable Regional
Emergency Communications Coordination Working Group as
described under section 1805.
``(3) Approval.--The Administrator may not award a grant to
a State unless the Administrator, in consultation with the
Director for Emergency Communications, has approved the
applicable Statewide plan.
``(4) Revisions.--A State may revise the applicable
Statewide plan approved by the Administrator under this
subsection, subject to approval of the revision by the
Administrator.
``(d) Consistency.--The Administrator shall ensure that each grant
is used to supplement and support, in a consistent and coordinated
manner, any applicable State, regional, or urban area homeland security
plan.
``(e) Use of Grant Funds.--Grants awarded under subsection (b) may
be used for initiatives to achieve, maintain, or enhance emergency
communications operability and interoperable communications,
including--
``(1) Statewide or regional communications planning,
including governance related activities;
``(2) system design and engineering;
``(3) system procurement and installation;
``(4) exercises;
``(5) modeling and simulation exercises for operational
command and control functions;
``(6) technical assistance;
``(7) training; and
``(8) other appropriate activities determined by the
Administrator to be integral to achieve, maintain, or enhance
emergency communications operability and interoperable
communications.
``(f) Application.--
``(1) In general.--A State desiring a grant under this
section shall submit an application at such time, in such
manner, and accompanied by such information as the
Administrator may reasonably require.
``(2) Minimum contents.--At a minimum, each application
submitted under paragraph (1) shall--
``(A) identify the critical aspects of the
communications life cycle, including planning, system
design and engineering, procurement and installation,
and training for which funding is requested;
``(B) describe how--
``(i) the proposed use of funds--
``(I) would be consistent with and
address the goals in any applicable
State, regional, or urban homeland
security plan; and
``(II) unless the Administrator
determines otherwise, are--
``(aa) consistent with the
National Emergency
Communications Plan under
section 1802; and
``(bb) compatible with the
national infrastructure and
national voluntary consensus
standards;
``(ii) the applicant intends to spend funds
under the grant, to administer such funds, and
to allocate such funds among participating
local and tribal governments and emergency
response providers;
``(iii) the State plans to allocate the
grant funds on the basis of risk and
effectiveness to regions, local and tribal
governments to promote meaningful investments
for achieving, maintaining, or enhancing
emergency communications operability and
interoperable communications;
``(iv) the State intends to address the
emergency communications operability and
interoperable communications needs at the city,
county, regional, State, and interstate level;
and
``(v) the State plans to emphasize regional
planning and cooperation, both within the
jurisdictional borders of that State and with
neighboring States;
``(C) be consistent with the Statewide
Interoperable Communications Plan required under
section 7303(f) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); and
``(D) include a capital budget and timeline showing
how the State intends to allocate and expend the grant
funds.
``(g) Award of Grants.--
``(1) Considerations.--In approving applications and
awarding grants under this section, the Administrator shall
consider--
``(A) the nature of the threat to the State from a
natural disaster, act of terrorism, or other man-made
disaster;
``(B) the location, risk, or vulnerability of
critical infrastructure and key national assets,
including the consequences from damage to critical
infrastructure in nearby jurisdictions as a result of
natural disasters, acts of terrorism, or other man-made
disasters;
``(C) the size of the population of the State,
including appropriate consideration of military,
tourist, and commuter populations;
``(D) the population density of the State;
``(E) the extent to which grants will be utilized
to implement emergency communications operability and
interoperable communications solutions--
``(i) consistent with the National
Emergency Communications Plan under section
1802 and compatible with the national
infrastructure and national voluntary consensus
standards; and
``(ii) more efficient and cost effective
than current approaches;
``(F) the extent to which a grant would expedite
the achievement, maintenance, or enhancement of
emergency communications operability and interoperable
communications in the State with Federal, State, local,
and tribal governments;
``(G) the extent to which a State, given its
financial capability, demonstrates its commitment to
achieve, maintain, or enhance emergency communications
operability and interoperable communications by
supplementing Federal funds with non-Federal funds;
``(H) whether the State is on or near an
international border;
``(I) whether the State encompasses an economically
significant border crossing;
``(J) whether the State has a coastline bordering
an ocean, a major waterway used for interstate
commerce, or international waters;
``(K) the extent to which geographic barriers pose
unusual obstacles to achieving, maintaining, or
enhancing emergency communications operability or
interoperable communications;
``(L) the threats, vulnerabilities, and
consequences faced by the State related to at-risk
sites or activities in nearby jurisdictions, including
the need to respond to natural disasters, acts of
terrorism, and other man-made disasters arising in
those jurisdictions;
``(M) the need to achieve, maintain, or enhance
nationwide emergency communications operability and
interoperable communications, consistent with the
National Emergency Communications Plan under section
1802;
``(N) whether the activity for which a grant is
requested is being funded under another Federal or
State emergency communications grant program; and
``(O) such other factors as are specified by the
Administrator in writing.
``(2) Review panel.--
``(A) In general.--The Secretary shall establish a
review panel under section 871(a) to assist in
reviewing grant applications under this section.
``(B) Recommendations.--The review panel
established under subparagraph (A) shall make
recommendations to the Administrator regarding
applications for grants under this section.
``(C) Membership.--The review panel established
under subparagraph (A) shall include--
``(i) individuals with technical expertise
in emergency communications operability and
interoperable communications;
``(ii) emergency response providers; and
``(iii) other relevant State and local
officers.
``(3) Minimum grant amounts.--The Administrator shall
ensure that for each fiscal year--
``(A) no State receives less than an amount equal
to 0.75 percent of the total funds appropriated for
grants under this section; and
``(B) American Samoa, the Commonwealth of the
Northern Mariana Islands, Guam, and the Virgin Islands
each receive no less than 0.25 percent of the amounts
appropriated for grants under this section.
``(4) Availability of funds.--Any grant funds awarded that
may be used to support emergency communications operability or
interoperable communications shall, as the Administrator may
determine, remain available for up to 3 years, consistent with
section 7303(e) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 194(e)).
``(h) State Responsibilities.--
``(1) Pass-through of funds to local and tribal
governments.--The Administrator shall determine a date by which
a State that receives a grant shall obligate or otherwise make
available to local and tribal governments and emergency
response providers--
``(A) not less than 80 percent of the funds of the
amount of the grant;
``(B) resources purchased with the grant funds
having a value equal to not less than 80 percent of the
total amount of the grant; or
``(C) grant funds combined with resources purchased
with the grant funds having a value equal to not less
than 80 percent of the total amount of the grant.
``(2) Certifications regarding distribution of grant funds
to local and tribal governments.--Any State that receives a
grant shall certify to the Administrator, by not later than 30
days after the date described under paragraph (1) with respect
to the grant, that the State has made available for expenditure
by local or tribal governments and emergency response providers
the required amount of grant funds under paragraph (1).
``(3) Report on grant spending.--
``(A) In general.--Any State that receives a grant
shall submit a spending report to the Administrator at
such time, in such manner, and accompanied by such
information as the Administrator may reasonably
require.
``(B) Minimum contents.--At a minimum, each report
under this paragraph shall include--
``(i) the amount, ultimate recipients, and
dates of receipt of all funds received under
the grant;
``(ii) the amount and the dates of
disbursements of all such funds expended in
compliance with paragraph (1) or under mutual
aid agreements or other intrastate and
interstate sharing arrangements, as applicable;
``(iii) how the funds were used by each
ultimate recipient or beneficiary;
``(iv) the extent to which emergency
communications operability and interoperable
communications identified in the applicable
Statewide plan and application have been
achieved, maintained, or enhanced as the result
of the expenditure of grant funds; and
``(v) the extent to which emergency
communications operability and interoperable
communications identified in the applicable
Statewide plan and application remain unmet.
``(C) Public availability on website.--The
Administrator shall make each report submitted under
subparagraph (A) publicly available on the website of
the Federal Emergency Management Agency. The
Administrator may redact such information from the
reports as the Administrator determines necessary to
protect national security.
``(4) Penalties for reporting delay.--If a State fails to
provide the information required by the Administrator under
paragraph (3), the Administrator may--
``(A) reduce grant payments to the State from the
portion of grant funds that are not required to be
passed through under paragraph (1);
``(B) terminate payment of funds under the grant to
the State, and transfer the appropriate portion of
those funds directly to local and tribal governments
and emergency response providers that were intended to
receive funding under that grant; or
``(C) impose additional restrictions or burdens on
the use of funds by the State under the grant, which
may include--
``(i) prohibiting use of such funds to pay
the grant-related expenses of the State; or
``(ii) requiring the State to distribute to
local and tribal government and emergency
response providers all or a portion of grant
funds that are not required to be passed
through under paragraph (1).
``(i) Prohibited Uses.--Grants awarded under this section may not
be used for recreational or social purposes.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
``(1) $400,000,000 for fiscal year 2008;
``(2) $500,000,000 for fiscal year 2009;
``(3) $600,000,000 for fiscal year 2010;
``(4) $800,000,000 for fiscal year 2011;
``(5) $1,000,000,000 for fiscal year 2012; and
``(6) such sums as necessary for each fiscal year
thereafter.
``(k) Rule of Construction.--Nothing in this section shall be
construed or interpreted to preclude the use of funds under this
section by a State for interim or long-term Internet Protocol-based
interoperable solutions, notwithstanding compliance with the Project 25
standard.''.
(2) Technical and conforming amendment.--The table of
contents under section 1(b) of the Homeland Security Act of
2002 (6 U.S.C. 101) is amended by inserting after the item
relating to section 1808 the following:
``Sec. 1809. Emergency communications operability and interoperable
communications grants.''
(b) Interoperable Communications Plans.--Section 7303 of the
Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194)
is amended--
(1) in subsection (f)--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(6) include information on the governance structure used
to develop the plan, such as all agencies and organizations
that participated in developing the plan and the scope and
timeframe of the plan; and
``(7) describe the method by which multi-jurisdictional,
multi-disciplinary input was provided from all regions of the
jurisdiction and the process for continuing to incorporate such
input.''; and
(2) in subsection (g)(1), by striking ``or video'' and
inserting ``and video''.
(c) National Emergency Communications Plan.--Section 1802(c) of the
Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(10) set a date, including interim benchmarks, as
appropriate, by which State, local, and tribal governments,
Federal departments and agencies, emergency response providers,
and the private sector will achieve interoperable
communications as that term is defined under section 7303(g)(1)
of the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 194(g)(1).''.
SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
(a) In General.--
(1) Establishment.--There is established in the Department
an International Border Community Interoperable Communications
Demonstration Project (referred to in this section as
``demonstration project'').
(2) Minimum number of communities.--The Secretary shall
select no fewer than 6 communities to participate in a
demonstration project.
(3) Location of communities.--No fewer than 3 of the
communities selected under paragraph (2) shall be located on
the northern border of the United States and no fewer than 3 of
the communities selected under paragraph (2) shall be located
on the southern border of the United States.
(b) Program Requirements.--The demonstration projects shall--
(1) address the interoperable communications needs of
emergency response providers and the National Guard;
(2) foster interoperable emergency communications systems--
(A) among Federal, State, local, and tribal
government agencies in the United States involved in
preventing or responding to a natural disaster, act of
terrorism, or other man-made disaster; and
(B) with similar agencies in Canada or Mexico;
(3) identify common international cross-border frequencies
for communications equipment, including radio or computer
messaging equipment;
(4) foster the standardization of interoperable emergency
communications equipment;
(5) identify solutions that will facilitate interoperable
communications across national borders expeditiously;
(6) ensure that emergency response providers can
communicate with each other and the public at disaster sites;
(7) provide training and equipment to enable emergency
response providers to deal with threats and contingencies in a
variety of environments;
(8) identify and secure appropriate joint-use equipment to
ensure communications access; and
(9) identify solutions to facilitate communications between
emergency response providers in communities of differing
population densities.
(c) Distribution of Funds.--
(1) In general.--The Secretary shall distribute funds under
this section to each community participating in a demonstration
project through the State, or States, in which each community
is located.
(2) Other participants.--Not later than 60 days after
receiving funds under paragraph (1), a State shall make the
funds available to the local and tribal governments and
emergency response providers selected by the Secretary to
participate in a demonstration project.
(d) Reporting.--
(1) In general.--Not later than December 31, 2007, and each
year thereafter in which funds are appropriated for a
demonstration project, the Secretary shall submit to the
Committee on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the House of
Representatives a report on the demonstration projects.
(2) Contents.--Each report under this subsection shall
contain the following:
(A) The name and location of all communities
involved in the demonstration project.
(B) The amount of funding provided to each State
for the demonstration project.
(C) An evaluation of the usefulness of the
demonstration project towards developing an effective
interoperable communications system at the borders.
(D) The factors that were used in determining how
to distribute the funds in a risk-based manner.
(E) The specific risks inherent to a border
community that make interoperable communications more
difficult than in non-border communities.
(F) The optimal ways to prioritize funding for
interoperable communication systems based upon risk.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary in each of fiscal years 2007,
2008, and 2009 to carry out this section.
TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM
SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
Section 622 of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 763) is amended to read as follows:
``SEC. 622. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
``(a) Definitions.--In this section:
``(1) Population.--The term `population' means population
according to the most recent United States census population
estimates available at the start of the relevant fiscal year.
``(2) State.--The term `State' has the meaning given that
term in section 101 of the Homeland Security Act of 2002 (6
U.S.C. 101).
``(b) In General.--There is an Emergency Management Performance
Grants Program to make grants to States to assist State, local, and
tribal governments in preparing for, responding to, recovering from,
and mitigating against all hazards.
``(c) Application.--
``(1) In general.--Each State may apply for a grant under
this section, and shall submit such information in support of
an application as the Administrator may reasonably require.
``(2) Annual applications.--Applicants for grants under
this section shall apply or reapply on an annual basis for
grants distributed under the program.
``(d) Allocation.--Funds available under the Emergency Management
Performance Grants Program shall be allocated as follows:
``(1) Baseline amount.--
``(A) In general.--Except as provided in
subparagraph (B), each State shall receive an amount
equal to 0.75 percent of the total funds appropriated
for grants under this section.
``(B) Territories.--American Samoa, the
Commonwealth of the Northern Mariana Islands, Guam, and
the Virgin Islands each shall receive an amount equal
to 0.25 percent of the amounts appropriated for grants
under this section.
``(2) Per capita allocation.--The funds remaining for
grants under this section after allocation of the baseline
amounts under paragraph (1) shall be allocated to each State in
proportion to its population.
``(3) Consistency in allocation.--Notwithstanding
paragraphs (1) and (2), in any fiscal year in which the
appropriation for grants under this section is equal to or
greater than the appropriation for Emergency Management
Performance Grants in fiscal year 2007, no State shall receive
an amount under this section for that fiscal year less than the
amount that State received in fiscal year 2007.
``(e) Allowable Uses.--Grants awarded under this section may be
used to prepare for, respond to, recover from, and mitigate against all
hazards through--
``(1) any activity authorized under title VI or section 201
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5195 et seq. and 5131);
``(2) any activity permitted under the Fiscal Year 2007
Program Guidance of the Department for Emergency Management
Performance Grants; and
``(3) any other activity approved by the Administrator that
will improve the emergency management capacity of State, local,
or tribal governments to coordinate, integrate, and enhance
preparedness for, response to, recovery from, or mitigation
against all-hazards.
``(f) Cost Sharing.--
``(1) In general.--Except as provided in subsection (i),
the Federal share of the costs of an activity carried out with
a grant under this section shall not exceed 50 percent.
``(2) In-kind matching.--Each recipient of a grant under
this section may meet the matching requirement under paragraph
(1) by making in-kind contributions of goods or services that
are directly linked with the purpose for which the grant is
made.
``(g) Distribution of Funds.--The Administrator shall not delay
distribution of grant funds to States under this section solely because
of delays in or timing of awards of other grants administered by the
Department.
``(h) Local and Tribal Governments.--
``(1) In general.--In allocating grant funds received under
this section, a State shall take into account the needs of
local and tribal governments.
``(2) Indian tribes.--States shall be responsible for
allocating grant funds received under this section to tribal
governments in order to help those tribal communities improve
their capabilities in preparing for, responding to, recovering
from, or mitigating against all hazards. Tribal governments
shall be eligible for funding directly from the States, and
shall not be required to seek funding from any local
government.
``(i) Emergency Operations Centers Improvement Program.--
``(1) In general.--The Administrator may award grants to
States under this section to plan for, equip, upgrade, or
construct all-hazards State, local, or regional emergency
operations centers.
``(2) Requirements.--No grant awards under this section
(including for the activities specified under this subsection)
shall be used for construction unless such construction occurs
under terms and conditions consistent with the requirements
under section 611(j)(9) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9).
``(3) Cost sharing.--
``(A) In general.--The Federal share of the costs
of an activity carried out with a grant under this
subsection shall not exceed 75 percent.
``(B) In kind matching.--Each recipient of a grant
for an activity under this section 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.
``(j) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section--
``(1) for fiscal year 2007, such sums as are necessary;
``(2) for each of fiscal years 2008, 2009, and 2010,
$913,180,500; and
``(3) for fiscal year 2011, and each fiscal year
thereafter, such sums as are necessary.''.
TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL
SEC. 501. MODERNIZATION OF THE VISA WAIVER PROGRAM.
(a) Short Title.--This section may be cited as the ``Secure Travel
and Counterterrorism Partnership Act''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States should modernize the visa waiver
program by simultaneously--
(A) enhancing program security requirements; and
(B) extending visa-free travel privileges to
nationals of foreign countries that are allies in the
war on terrorism; and
(2) the expansion described in paragraph (1) will--
(A) enhance bilateral cooperation on critical
counterterrorism and information sharing initiatives;
(B) support and expand tourism and business
opportunities to enhance long-term economic
competitiveness; and
(C) strengthen bilateral relationships.
(c) Discretionary Visa Waiver Program Expansion.--Section 217(c) of
the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by
adding at the end the following:
``(8) Nonimmigrant visa refusal rate flexibility.--
``(A) Certification.--On the date on which an air
exit system is in place that can verify the departure
of not less than 97 percent of foreign nationals that
exit through airports of the United States, the
Secretary of Homeland Security shall certify to
Congress that such air exit system is in place.
``(B) Waiver.--After certification by the Secretary
under subparagraph (A), the Secretary of Homeland
Security, in consultation with the Secretary of State,
may waive the application of paragraph (2)(A) for a
country--
``(i) if the country meets all security
requirements of this section;
``(ii) if the Secretary of Homeland
Security determines that the totality of the
country's security risk mitigation measures
provide assurance that the country's
participation in the program would not
compromise the law enforcement, security
interests, or enforcement of the immigration
laws of the United States;
``(iii) if there has been a sustained
reduction in the rate of refusals for
nonimmigrant visitor visas for nationals of the
country and conditions exist to continue such
reduction;
``(iv) the country cooperated with the
Government of the United States on
counterterrorism initiatives and information
sharing before the date of its designation as a
program country, and the Secretary of Homeland
Security and the Secretary of State expect such
cooperation will continue; and
``(v)(I) if the rate of refusals for
nonimmigrant visitor visas for nationals of the
country during the previous full fiscal year
was not more than 10 percent; or
``(II) if the visa overstay rate for the
country for the previous full fiscal year does
not exceed the maximum visa overstay rate, once
it is established under subparagraph (C).
``(C) Maximum visa overstay rate.--
``(i) Requirement to establish.--After
certification by the Secretary under
subparagraph (A), the Secretary of Homeland
Security and the Secretary of State jointly
shall use information from the air exit system
referred to in subparagraph (A) to establish a
maximum visa overstay rate for countries
participating in the program pursuant to a
waiver under subparagraph (B).
``(ii) Visa overstay rate defined.--In this
paragraph the term `visa overstay rate' means,
with respect to a country, the ratio of--
``(I) the total number of nationals
of that country who were admitted to
the United States on the basis of a
nonimmigrant visitor visa for which the
period of stay authorized by such visa
ended during a fiscal year and who
remained in the United States
unlawfully beyond the such period of
stay; to
``(II) the total number of
nationals of that country who were
admitted to the United States on the
basis of a nonimmigrant visitor visa
for which the period of stay authorized
by such visa ended during such fiscal
year.
``(iii) Report and publication.--Secretary
of Homeland Security shall submit to Congress
and publish in the Federal Register a notice of
the maximum visa overstay rate proposed to be
established under clause (i). Not less than 60
days after the date such notice is submitted
and published, the Secretary shall issue a
final maximum visa overstay rate.
``(9) Discretionary security-related considerations.--In
determining whether to waive the application of paragraph
(2)(A) for a country, pursuant to paragraph (8), the Secretary
of Homeland Security, in consultation with the Secretary of
State, shall take into consideration other factors affecting
the security of the United States, including--
``(A) airport security standards in the country;
``(B) whether the country assists in the operation
of an effective air marshal program;
``(C) the standards of passports and travel
documents issued by the country; and
``(D) other security-related factors.''.
(d) Security Enhancements to the Visa Waiver Program.--
(1) In general.--Section 217 of the Immigration and
Nationality Act (8 U.S.C. 1187) is amended--
(A) in subsection (a)--
(i) by striking ``Operators of aircraft''
and inserting the following:
``(10) Electronic transmission of identification
information.--Operators of aircraft''; and
(ii) by adding at the end the following:
``(11) Eligibility determination under the electronic
travel authorization system.--Beginning on the date on which
the electronic travel authorization system developed under
subsection (h)(3) is fully operational, each alien traveling
under the program shall, before applying for admission,
electronically provide basic biographical information to the
system. Upon review of such biographical information, the
Secretary of Homeland Security shall determine whether the
alien is eligible to travel to the United States under the
program.'';
(B) in subsection (c), as amended by subsection (c)
of this section--
(i) in paragraph (2)--
(I) by amending subparagraph (D) to
read as follows:
``(D) Reporting lost and stolen passports.--The
government of the country enters into an agreement with
the United States to report, or make available through
Interpol, to the United States Government information
about the theft or loss of passports within a strict
time limit and in a manner specified in the
agreement.''; and
(II) by adding at the end the
following:
``(E) Repatriation of aliens.--The government of a
country accepts for repatriation any citizen, former
citizen, or national against whom a final executable
order of removal is issued not later than 3 weeks after
the issuance of the final order of removal. Nothing in
this subparagraph creates any duty for the United
States or any right for any alien with respect to
removal or release. Nothing in this subparagraph gives
rise to any cause of action or claim under this
paragraph or any other law against any official of the
United States or of any State to compel the release,
removal, or consideration for release or removal of any
alien.
``(F) Passenger information exchange.--The
government of the country enters into an agreement with
the United States to share information regarding
whether nationals of that country traveling to the
United States represent a threat to the security or
welfare of the United States or its citizens.'';.
(ii) in paragraph (5)--
(I) by striking ``Attorney
General'' each place it appears and
inserting ``Secretary of Homeland
Security''; and
(II) in subparagraph (A)(i)--
(aa) in subclause (II), by
striking ``and'' at the end;
(bb) in subclause (III), by
striking the period at the end
and inserting ``; and''; and
(cc) by adding at the end
the following:
``(IV) shall submit to Congress a
report regarding the implementation of
the electronic travel authorization
system under subsection (h)(3) and the
participation of new countries in the
program through a waiver under
paragraph (8).''; and
(iii) by adding at the end the following:
``(10) Technical assistance.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
provide technical assistance to program countries to assist
those countries in meeting the requirements under this
section.'';
(C) in subsection (d), by adding at the end the
following: ``The Secretary of Homeland Security may not
waive any eligibility requirement under this section
unless the Secretary notifies the appropriate
congressional committees not later than 30 days before
the effective date of such waiver.'';
(D) in subsection (f)(5), by striking ``of blank''
and inserting ``or loss of''; and
(E) in subsection (h), by adding at the end the
following:
``(3) Electronic travel authorization system.--
``(A) System.--The Secretary of Homeland Security,
in consultation with the Secretary of State, is
authorized to develop and implement a fully automated
electronic travel authorization system (referred to in
this paragraph as the `System') to collect such basic
biographical information as the Secretary of Homeland
Security determines to be necessary to determine, in
advance of travel, the eligibility of an alien to
travel to the United States under the program.
``(B) Fees.--The Secretary of Homeland Security may
charge a fee for the use of the System, which shall
be--
``(i) set at a level that will ensure
recovery of the full costs of providing and
administering the System; and
``(ii) available to pay the costs incurred
to administer the System.
``(C) Validity.--
``(i) Period.--The Secretary of Homeland
Security, in consultation with the Secretary of
State shall prescribe regulations that provide
for a period, not to exceed 3 years, during
which a determination of eligibility to travel
under the program will be valid.
Notwithstanding any other provision under this
section, the Secretary of Homeland Security may
revoke any such determination at any time and
for any reason.
``(ii) Limitation.--A determination that an
alien is eligible to travel to the United
States under the program is not a determination
that the alien is admissible to the United
States.
``(iii) Judicial review.--Notwithstanding
any other provision of law, no court shall have
jurisdiction to review an eligibility
determination under the System.
``(D) Report.--Not later than 60 days before
publishing notice regarding the implementation of the
System in the Federal Register, the Secretary of
Homeland Security shall submit a report regarding the
implementation of the System to--
``(i) the Committee on Homeland Security
and Governmental Affairs of the Senate;
``(ii) the Committee on the Judiciary of
the Senate;
``(iii) the Select Committee on
Intelligence of the Senate;
``(iv) the Committee on Appropriations of
the Senate;
``(v) the Committee on Homeland Security of
the House of Representatives;
``(vi) the Committee on the Judiciary of
the House of Representatives;
``(vii) the Permanent Select Committee on
Intelligence of the House of Representatives;
and
``(viii) the Committee on Appropriations of
the House of Representatives.''.
(2) Effective date.--Section 217(a)(11) of the Immigration
and Nationality Act, as added by paragraph (1)(A)(ii) shall
take effect on the date which is 60 days after the date on
which the Secretary of Homeland Security publishes notice in
the Federal Register of the requirement under such paragraph.
(e) Exit System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of Homeland Security shall
establish an exit system that records the departure on a flight
leaving the United States of every alien participating in the
visa waiver program established under section 217 of the
Immigration and Nationality Act (8 U.S.C. 1187).
(2) System requirements.--The system established under
paragraph (1) shall--
(A) match biometric information of the alien
against relevant watch lists and immigration
information; and
(B) compare such biometric information against
manifest information collected by air carriers on
passengers departing the United States to confirm such
individuals have departed the United States.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall submit a report to
Congress that describes--
(A) the progress made in developing and deploying
the exit system established under this subsection; and
(B) the procedures by which the Secretary will
improve the manner of calculating the rates of
nonimmigrants who violate the terms of their visas by
remaining in the United States after the expiration of
such visas.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
and the amendments made by this section.
SEC. 502. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND
TRAFFICKING CENTER.
(a) In General.--Section 7202 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended--
(1) in subsection (c)(1), by striking ``address'' and
inserting ``integrate and disseminate intelligence and
information related to'';
(2) by redesignating subsections (d) and (e) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (c) the following new
subsections:
``(d) Director.--The Secretary of Homeland Security shall nominate
an official of the Government of the United States to serve as the
Director of the Center, in accordance with the requirements of the
memorandum of understanding entitled the `Human Smuggling and
Trafficking Center (HSTC) Charter'.
``(e) Staffing of the Center.--
``(1) In general.--The Secretary of Homeland Security, in
cooperation with heads of other relevant agencies and
departments, shall ensure that the Center is staffed with not
fewer than 40 full-time equivalent positions, including, as
appropriate, detailees from the following:
``(A) The Office of Intelligence and Analysis.
``(B) The Transportation Security Administration.
``(C) The United States Citizenship and Immigration
Services.
``(D) The United States Customs and Border
Protection.
``(E) The United States Coast Guard.
``(F) The United States Immigration and Customs
Enforcement.
``(G) The Central Intelligence Agency.
``(H) The Department of Defense.
``(I) The Department of the Treasury.
``(J) The National Counterterrorism Center.
``(K) The National Security Agency.
``(L) The Department of Justice.
``(M) The Department of State.
``(N) Any other relevant agency or department.
``(2) Expertise of detailees.--The Secretary of Homeland
Security, in cooperation with the head of each agency,
department, or other entity set out under paragraph (1), shall
ensure that the detailees provided to the Center under
paragraph (1) include an adequate number of personnel with
experience in the area of--
``(A) consular affairs;
``(B) counterterrorism;
``(C) criminal law enforcement;
``(D) intelligence analysis;
``(E) prevention and detection of document fraud;
``(F) border inspection; or
``(G) immigration enforcement.
``(3) Reimbursement for detailees.--To the extent that
funds are available for such purpose, the Secretary of Homeland
Security shall provide reimbursement to each agency or
department that provides a detailee to the Center, in such
amount or proportion as is appropriate for costs associated
with the provision of such detailee, including costs for travel
by, and benefits provided to, such detailee.
``(f) Administrative Support and Funding.--The Secretary of
Homeland Security shall provide to the Center the administrative
support and funding required for its maintenance, including funding for
personnel, leasing of office space, supplies, equipment, technology,
training, and travel expenses necessary for the Center to carry out its
functions.''.
(b) Report.--Subsection (g) of section 7202 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1777), as
redesignated by subsection (a)(2), is amended--
(1) in the heading, by striking ``Report'' and inserting
``Initial report'';
(2) by redesignating such subsection (g) as paragraph (1);
(3) by indenting such paragraph, as so designated, four ems
from the left margin;
(4) by inserting before such paragraph, as so designated,
the following:
``(g) Report.--''; and
(5) by inserting after such paragraph, as so designated,
the following new paragraph:
``(2) Follow-up report.--Not later than 180 days after the
date of enactment of the Improving America's Security Act of
2007, the President shall transmit to Congress a report
regarding the operation of the Center and the activities
carried out by the Center, including a description of--
``(A) the roles and responsibilities of each agency
or department that is participating in the Center;
``(B) the mechanisms used to share information
among each such agency or department;
``(C) the staff provided to the Center by each such
agency or department;
``(D) the type of information and reports being
disseminated by the Center; and
``(E) any efforts by the Center to create a
centralized Federal Government database to store
information related to illicit travel of foreign
nationals, including a description of any such database
and of the manner in which information utilized in such
a database would be collected, stored, and shared.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out section 7202 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C.
1777), as amended by this section, $20,000,000 for fiscal year 2008.
SEC. 503. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.
Section 7215 of the Intelligence Reform and Terrorism Prevention
Act of 2004 (6 U.S.C. 123) is amended to read as follows:
``SEC. 7215. TERRORIST TRAVEL PROGRAM.
``(a) Requirement to Establish.--Not later than 90 days after the
date of enactment of the Improving America's Security Act of 2007, the
Secretary of Homeland Security, in consultation with the Director of
the National Counterterrorism Center and consistent with the strategy
developed under section 7201, shall establish a program to oversee the
implementation of the Secretary's responsibilities with respect to
terrorist travel.
``(b) Head of the Program.--The Secretary of Homeland Security
shall designate an official of the Department of Homeland Security to
be responsible for carrying out the program. Such official shall be--
``(1) the Assistant Secretary for Policy of the Department
of Homeland Security; or
``(2) an official appointed by the Secretary who reports
directly to the Secretary.
``(c) Duties.--The official designated under subsection (b) shall
assist the Secretary of Homeland Security in improving the Department's
ability to prevent terrorists from entering the United States or
remaining in the United States undetected by--
``(1) developing relevant strategies and policies;
``(2) reviewing the effectiveness of existing programs and
recommending improvements, if necessary;
``(3) making recommendations on budget requests and on the
allocation of funding and personnel;
``(4) ensuring effective coordination, with respect to
policies, programs, planning, operations, and dissemination of
intelligence and information related to terrorist travel--
``(A) among appropriate subdivisions of the
Department of Homeland Security, as determined by the
Secretary and including--
``(i) the United States Customs and Border
Protection;
``(ii) the United States Immigration and
Customs Enforcement;
``(iii) the United States Citizenship and
Immigration Services;
``(iv) the Transportation Security
Administration; and
``(v) the United States Coast Guard; and
``(B) between the Department of Homeland Security
and other appropriate Federal agencies; and
``(5) serving as the Secretary's primary point of contact
with the National Counterterrorism Center for implementing
initiatives related to terrorist travel and ensuring that the
recommendations of the Center related to terrorist travel are
carried out by the Department.
``(d) Report.--Not later than 180 days after the date of enactment
of the Improving America's Security Act of 2007, the Secretary of
Homeland Security shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report on the implementation
of this section.''.
SEC. 504. ENHANCED DRIVER'S LICENSE.
Section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
(1) in subparagraph (B)--
(A) in clause (vi), by striking ``and'' at the end;
(B) in clause (vii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(viii) the signing of a memorandum of
agreement to initiate a pilot program with not
less than 1 State to determine if an enhanced
driver's license, which is machine-readable and
tamper proof, not valid for certification of
citizenship for any purpose other than
admission into the United States from Canada,
and issued by such State to an individual, may
permit the individual to use the driver's
license to meet the documentation requirements
under subparagraph (A) for entry into the
United States from Canada at the land and sea
ports of entry.''; and
(2) by adding at the end the following:
``(C) Report.--Not later than 180 days after the
initiation of the pilot program described in
subparagraph (B)(viii), the Secretary of Homeland
Security and Secretary of State shall submit to the
appropriate congressional committees a report, which
includes--
``(i) an analysis of the impact of the
pilot program on national security;
``(ii) recommendations on how to expand the
pilot program to other States;
``(iii) any appropriate statutory changes
to facilitate the expansion of the pilot
program to additional States and to citizens of
Canada;
``(iv) a plan to scan individuals
participating in the pilot program against
United States terrorist watch lists; and
``(v) a recommendation for the type of
machine-readable technology that should be used
in enhanced driver's licenses, based on
individual privacy considerations and the costs
and feasibility of incorporating any new
technology into existing driver's licenses.''.
SEC. 505. WESTERN HEMISPHERE TRAVEL INITIATIVE.
Before publishing a final rule in the Federal Register, the
Secretary shall conduct--
(1) a complete cost-benefit analysis of the Western
Hemisphere Travel Initiative, authorized under section 7209 of
the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note); and
(2) a study of the mechanisms by which the execution fee
for a PASS Card could be reduced, considering the potential
increase in the number of applications.
SEC. 506. MODEL PORTS-OF-ENTRY.
(a) In General.--The Secretary of Homeland Security shall--
(1) establish a model ports-of-entry program for the
purpose of providing a more efficient and welcoming
international arrival process in order to facilitate and
promote business and tourist travel to the United States, while
also improving security; and
(2) implement the program initially at the 20 United States
international airports with the greatest average annual number
of arriving foreign visitors.
(b) Program Elements.--The program shall include--
(1) enhanced queue management in the Federal Inspection
Services area leading up to primary inspection;
(2) assistance for foreign travelers once they have been
admitted to the United States, in consultation, as appropriate,
with relevant governmental and nongovernmental entities; and
(3) instructional videos, in English and such other
languages as the Secretary determines appropriate, in the
Federal Inspection Services area that explain the United States
inspection process and feature national, regional, or local
welcome videos.
(c) Additional Customs and Border Protection Officers for High
Volume Ports.--Subject to the availability of appropriations, before
the end of fiscal year 2008 the Secretary of Homeland Security shall
employ not less than an additional 200 Customs and Border Protection
officers to address staff shortages at the 20 United States
international airports with the highest average number of foreign
visitors arriving annually.
TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS
SEC. 601. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD.
(a) Modification of Authorities.--Section 1061 of the National
Security Intelligence Reform Act of 2004 (title I of Public Law 108-
458; 5 U.S.C. 601 note) is amended to read as follows:
``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
``(a) In General.--There is established within the Executive Office
of the President a Privacy and Civil Liberties Oversight Board
(referred to in this section as the `Board').
``(b) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States, Congress makes
the following findings:
``(1) In conducting the war on terrorism, the Government
may need additional powers and may need to enhance the use of
its existing powers.
``(2) This shift of power and authority to the Government
calls for an enhanced system of checks and balances to protect
the precious liberties that are vital to our way of life and to
ensure that the Government uses its powers for the purposes for
which the powers were given.
``(c) Purpose.--The Board shall--
``(1) analyze and review actions the executive branch takes
to protect the Nation from terrorism, ensuring that the need
for such actions is balanced with the need to protect privacy
and civil liberties; and
``(2) ensure that liberty concerns are appropriately
considered in the development and implementation of laws,
regulations, and policies related to efforts to protect the
Nation against terrorism.
``(d) Functions.--
``(1) Advice and counsel on policy development and
implementation.--The Board shall--
``(A) review proposed legislation, regulations, and
policies related to efforts to protect the Nation from
terrorism, including the development and adoption of
information sharing guidelines under subsections (d)
and (f) of section 1016;
``(B) review the implementation of new and existing
legislation, regulations, and policies related to
efforts to protect the Nation from terrorism, including
the implementation of information sharing guidelines
under subsections (d) and (f) of section 1016;
``(C) advise the President and the departments,
agencies, and elements of the executive branch to
ensure that privacy and civil liberties are
appropriately considered in the development and
implementation of such legislation, regulations,
policies, and guidelines; and
``(D) in providing advice on proposals to retain or
enhance a particular governmental power, consider
whether the department, agency, or element of the
executive branch has established--
``(i) that the need for the power is
balanced with the need to protect privacy and
civil liberties;
``(ii) that there is adequate supervision
of the use by the executive branch of the power
to ensure protection of privacy and civil
liberties; and
``(iii) that there are adequate guidelines
and oversight to properly confine its use.
``(2) Oversight.--The Board shall continually review--
``(A) the regulations, policies, and procedures,
and the implementation of the regulations, policies,
and procedures, of the departments, agencies, and
elements of the executive branch to ensure that privacy
and civil liberties are protected;
``(B) the information sharing practices of the
departments, agencies, and elements of the executive
branch to determine whether they appropriately protect
privacy and civil liberties and adhere to the
information sharing guidelines issued or developed
under subsections (d) and (f) of section 1016 and to
other governing laws, regulations, and policies
regarding privacy and civil liberties; and
``(C) other actions by the executive branch related
to efforts to protect the Nation from terrorism to
determine whether such actions--
``(i) appropriately protect privacy and
civil liberties; and
``(ii) are consistent with governing laws,
regulations, and policies regarding privacy and
civil liberties.
``(3) Relationship with privacy and civil liberties
officers.--The Board shall--
``(A) review and assess reports and other
information from privacy officers and civil liberties
officers under section 1062;
``(B) when appropriate, make recommendations to
such privacy officers and civil liberties officers
regarding their activities; and
``(C) when appropriate, coordinate the activities
of such privacy officers and civil liberties officers
on relevant interagency matters.
``(4) Testimony.--The members of the Board shall appear and
testify before Congress upon request.
``(e) Reports.--
``(1) In generalThe Board shall--
``(A) receive and review reports from privacy
officers and civil liberties officers under section
1062; and
``(B) periodically submit, not less than
semiannually, reports--
``(i)(I) to the appropriate committees of
Congress, including the Committee on the
Judiciary of the Senate, the Committee on the
Judiciary of the House of Representatives, the
Committee on Homeland Security and Governmental
Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, the Select Committee on
Intelligence of the Senate, and the Permanent
Select Committee on Intelligence of the House
of Representatives; and
``(II) to the President; and
``(ii) which shall be in unclassified form
to the greatest extent possible, with a
classified annex where necessary.
``(2) Contents.--Not less than 2 reports submitted each
year under paragraph (1)(B) shall include--
``(A) a description of the major activities of the
Board during the preceding period;
``(B) information on the findings, conclusions, and
recommendations of the Board resulting from its advice
and oversight functions under subsection (d);
``(C) the minority views on any findings,
conclusions, and recommendations of the Board resulting
from its advice and oversight functions under
subsection (d);
``(D) each proposal reviewed by the Board under
subsection (d)(1) that--
``(i) the Board advised against
implementation; and
``(ii) notwithstanding such advice, actions
were taken to implement; and
``(E) for the preceding period, any requests
submitted under subsection (g)(1)(D) for the issuance
of subpoenas that were modified or denied by the
Attorney General.
``(f) Informing the Public.--The Board shall--
``(1) make its reports, including its reports to Congress,
available to the public to the greatest extent that is
consistent with the protection of classified information and
applicable law; and
``(2) hold public hearings and otherwise inform the public
of its activities, as appropriate and in a manner consistent
with the protection of classified information and applicable
law.
``(g) Access to Information.--
``(1) Authorization.--If determined by the Board to be
necessary to carry out its responsibilities under this section,
the Board is authorized to--
``(A) have access from any department, agency, or
element of the executive branch, or any Federal officer
or employee, to all relevant records, reports, audits,
reviews, documents, papers, recommendations, or other
relevant material, including classified information
consistent with applicable law;
``(B) interview, take statements from, or take
public testimony from personnel of any department,
agency, or element of the executive branch, or any
Federal officer or employee;
``(C) request information or assistance from any
State, tribal, or local government; and
``(D) at the direction of a majority of the members
of the Board, submit a written request to the Attorney
General of the United States that the Attorney General
require, by subpoena, persons (other than departments,
agencies, and elements of the executive branch) to
produce any relevant information, documents, reports,
answers, records, accounts, papers, and other
documentary or testimonial evidence.
``(2) Review of subpoena request.--
``(A) In general.--Not later than 30 days after the
date of receipt of a request by the Board under
paragraph (1)(D), the Attorney General shall--
``(i) issue the subpoena as requested; or
``(ii) provide the Board, in writing, with
an explanation of the grounds on which the
subpoena request has been modified or denied.
``(B) Notification.--If a subpoena request is
modified or denied under subparagraph (A)(ii), the
Attorney General shall, not later than 30 days after
the date of that modification or denial, notify the
Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of
Representatives.
``(3) Enforcement of subpoena.--In the case of contumacy or
failure to obey a subpoena issued pursuant to paragraph (1)(D),
the United States district court for the judicial district in
which the subpoenaed person resides, is served, or may be found
may issue an order requiring such person to produce the
evidence required by such subpoena.
``(4) Agency cooperation.--Whenever information or
assistance requested under subparagraph (A) or (B) of paragraph
(1) is, in the judgment of the Board, unreasonably refused or
not provided, the Board shall report the circumstances to the
head of the department, agency, or element concerned without
delay. The head of the department, agency, or element concerned
shall ensure that the Board is given access to the information,
assistance, material, or personnel the Board determines to be
necessary to carry out its functions.
``(h) Membership.--
``(1) Members.--The Board shall be composed of a full-time
chairman and 4 additional members, who shall be appointed by
the President, by and with the advice and consent of the
Senate.
``(2) Qualifications.--Members of the Board shall be
selected solely on the basis of their professional
qualifications, achievements, public stature, expertise in
civil liberties and privacy, and relevant experience, and
without regard to political affiliation, but in no event shall
more than 3 members of the Board be members of the same
political party.
``(3) Incompatible office.--An individual appointed to the
Board may not, while serving on the Board, be an elected
official, officer, or employee of the Federal Government, other
than in the capacity as a member of the Board.
``(4) Term.--Each member of the Board shall serve a term of
6 years, except that--
``(A) a member appointed to a term of office after
the commencement of such term may serve under such
appointment only for the remainder of such term;
``(B) upon the expiration of the term of office of
a member, the member shall continue to serve until the
member's successor has been appointed and qualified,
except that no member may serve under this
subparagraph--
``(i) for more than 60 days when Congress
is in session unless a nomination to fill the
vacancy shall have been submitted to the
Senate; or
``(ii) after the adjournment sine die of
the session of the Senate in which such
nomination is submitted; and
``(C) the members first appointed under this
subsection after the date of enactment of the Improving
America's Security Act of 2007 shall serve terms of
two, three, four, five, and six years, respectively,
with the term of each such member to be designated by
the President.
``(5) Quorum and meetings.--After its initial meeting, the
Board shall meet upon the call of the chairman or a majority of
its members. Three members of the Board shall constitute a
quorum.
``(i) Compensation and Travel Expenses.--
``(1) Compensation.--
``(A) Chairman.--The chairman of the Board shall be
compensated at the rate of pay payable for a position
at level III of the Executive Schedule under section
5314 of title 5, United States Code.
``(B) Members.--Each member of the Board shall be
compensated at a rate of pay payable for a position at
level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day during
which that member is engaged in the actual performance
of the duties of the Board.
``(2) Travel expenses.--Members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for persons employed
intermittently by the Government under section 5703(b) of title
5, United States Code, while away from their homes or regular
places of business in the performance of services for the
Board.
``(j) Staff.--
``(1) Appointment and compensation.--The chairman of the
Board, in accordance with rules agreed upon by the Board, shall
appoint and fix the compensation of a full-time executive
director and such other personnel as may be necessary to enable
the Board to carry out its functions, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of such title relating to classification and General Schedule
pay rates, except that no rate of pay fixed under this
subsection may exceed the equivalent of that payable for a
position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
``(2) Detailees.--Any Federal employee may be detailed to
the Board without reimbursement from the Board, and such
detailee shall retain the rights, status, and privileges of the
detailee's regular employment without interruption.
``(3) Consultant services.--The Board may procure the
temporary or intermittent services of experts and consultants
in accordance with section 3109 of title 5, United States Code,
at rates that do not exceed the daily rate paid a person
occupying a position at level IV of the Executive Schedule
under section 5315 of such title.
``(k) Security Clearances.--The appropriate departments, agencies,
and elements of the executive branch shall cooperate with the Board to
expeditiously provide the Board members and staff with appropriate
security clearances to the extent possible under existing procedures
and requirements.
``(l) Treatment as Agency, Not as Advisory Committee.--The Board--
``(1) is an agency (as defined in section 551(1) of title
5, United States Code); and
``(2) is not an advisory committee (as defined in section
3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
``(m) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section amounts as follows:
``(1) For fiscal year 2008, $5,000,000.
``(2) For fiscal year 2009, $6,650,000.
``(3) For fiscal year 2010, $8,300,000.
``(4) For fiscal year 2011, $10,000,000.
``(5) For fiscal year 2012, and each fiscal year
thereafter, such sums as may be necessary.''.
(b) Continuation of Service of Current Members of Privacy and Civil
Liberties Board.--The members of the Privacy and Civil Liberties
Oversight Board as of the date of enactment of this Act may continue to
serve as members of that Board after that date, and to carry out the
functions and exercise the powers of that Board as specified in section
1061 of the National Security Intelligence Reform Act of 2004 (as
amended by subsection (a)), until--
(1) in the case of any individual serving as a member of
the Board under an appointment by the President, by and with
the advice and consent of the Senate, the expiration of a term
designated by the President under section 1061(h)(4)(C) of such
Act (as so amended);
(2) in the case of any individual serving as a member of
the Board other than under an appointment by the President, by
and with the advice and consent of the Senate, the confirmation
or rejection by the Senate of that member's nomination to the
Board under such section 1061 (as so amended), except that no
such individual may serve as a member under this paragraph--
(A) for more than 60 days when Congress is in
session unless a nomination of that individual to be a
member of the Board has been submitted to the Senate;
or
(B) after the adjournment sine die of the session
of the Senate in which such nomination is submitted; or
(3) the appointment of members of the Board under such
section 1061 (as so amended), except that no member may serve
under this paragraph--
(A) for more than 60 days when Congress is in
session unless a nomination to fill the position on the
Board shall have been submitted to the Senate; or
(B) after the adjournment sine die of the session
of the Senate in which such nomination is submitted.
SEC. 602. PRIVACY AND CIVIL LIBERTIES OFFICERS.
(a) In General.--Section 1062 of the National Security Intelligence
Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3688) is
amended to read as follows:
``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
``(a) Designation and Functions.--The Attorney General, the
Secretary of Defense, the Secretary of State, the Secretary of the
Treasury, the Secretary of Health and Human Services, the Secretary of
Homeland Security, the Director of National Intelligence, the Director
of the Central Intelligence Agency, and the head of any other
department, agency, or element of the executive branch designated by
the Privacy and Civil Liberties Oversight Board under section 1061 to
be appropriate for coverage under this section shall designate not less
than 1 senior officer to--
``(1) assist the head of such department, agency, or
element and other officials of such department, agency, or
element in appropriately considering privacy and civil
liberties concerns when such officials are proposing,
developing, or implementing laws, regulations, policies,
procedures, or guidelines related to efforts to protect the
Nation against terrorism;
``(2) periodically investigate and review department,
agency, or element actions, policies, procedures, guidelines,
and related laws and their implementation to ensure that such
department, agency, or element is adequately considering
privacy and civil liberties in its actions;
``(3) ensure that such department, agency, or element has
adequate procedures to receive, investigate, respond to, and
redress complaints from individuals who allege such department,
agency, or element has violated their privacy or civil
liberties; and
``(4) in providing advice on proposals to retain or enhance
a particular governmental power the officer shall consider
whether such department, agency, or element has established--
``(A) that the need for the power is balanced with
the need to protect privacy and civil liberties;
``(B) that there is adequate supervision of the use
by such department, agency, or element of the power to
ensure protection of privacy and civil liberties; and
``(C) that there are adequate guidelines and
oversight to properly confine its use.
``(b) Exception to Designation Authority.--
``(1) Privacy officers.--In any department, agency, or
element referred to in subsection (a) or designated by the
Privacy and Civil Liberties Oversight Board, which has a
statutorily created privacy officer, such officer shall perform
the functions specified in subsection (a) with respect to
privacy.
``(2) Civil liberties officers.--In any department, agency,
or element referred to in subsection (a) or designated by the
Board, which has a statutorily created civil liberties officer,
such officer shall perform the functions specified in
subsection (a) with respect to civil liberties.
``(c) Supervision and Coordination.--Each privacy officer or civil
liberties officer described in subsection (a) or (b) shall--
``(1) report directly to the head of the department,
agency, or element concerned; and
``(2) coordinate their activities with the Inspector
General of such department, agency, or element to avoid
duplication of effort.
``(d) Agency Cooperation.--The head of each department, agency, or
element shall ensure that each privacy officer and civil liberties
officer--
``(1) has the information, material, and resources
necessary to fulfill the functions of such officer;
``(2) is advised of proposed policy changes;
``(3) is consulted by decision makers; and
``(4) is given access to material and personnel the officer
determines to be necessary to carry out the functions of such
officer.
``(e) Reprisal for Making Complaint.--No action constituting a
reprisal, or threat of reprisal, for making a complaint or for
disclosing information to a privacy officer or civil liberties officer
described in subsection (a) or (b), or to the Privacy and Civil
Liberties Oversight Board, that indicates a possible violation of
privacy protections or civil liberties in the administration of the
programs and operations of the Federal Government relating to efforts
to protect the Nation from terrorism shall be taken by any Federal
employee in a position to take such action, unless the complaint was
made or the information was disclosed with the knowledge that it was
false or with willful disregard for its truth or falsity.
``(f) Periodic Reports.--
``(1) In general.--The privacy officers and civil liberties
officers of each department, agency, or element referred to or
described in subsection (a) or (b) shall periodically, but not
less than quarterly, submit a report on the activities of such
officers--
``(A)(i) to the appropriate committees of Congress,
including the Committee on the Judiciary of the Senate,
the Committee on the Judiciary of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Government Reform of the House of
Representatives, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives;
``(ii) to the head of such department, agency, or
element; and
``(iii) to the Privacy and Civil Liberties
Oversight Board; and
``(B) which shall be in unclassified form to the
greatest extent possible, with a classified annex where
necessary.
``(2) Contents.--Each report submitted under paragraph (1)
shall include information on the discharge of each of the
functions of the officer concerned, including--
``(A) information on the number and types of
reviews undertaken;
``(B) the type of advice provided and the response
given to such advice;
``(C) the number and nature of the complaints
received by the department, agency, or element
concerned for alleged violations; and
``(D) a summary of the disposition of such
complaints, the reviews and inquiries conducted, and
the impact of the activities of such officer.
``(g) Informing the Public.--Each privacy officer and civil
liberties officer shall--
``(1) make the reports of such officer, including reports
to Congress, available to the public to the greatest extent
that is consistent with the protection of classified
information and applicable law; and
``(2) otherwise inform the public of the activities of such
officer, as appropriate and in a manner consistent with the
protection of classified information and applicable law.
``(h) Savings Clause.--Nothing in this section shall be construed
to limit or otherwise supplant any other authorities or
responsibilities provided by law to privacy officers or civil liberties
officers.''.
(b) Clerical Amendment.--The table of contents for the Intelligence
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is
amended by striking the item relating to section 1062 and inserting the
following new item:
``Sec. 1062. Privacy and civil liberties officers.''.
SEC. 603. DEPARTMENT PRIVACY OFFICER.
Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
amended--
(1) by inserting ``(a) Appointment and Responsibilities.--
'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) Authority To Investigate.--
``(1) In general.--The senior official appointed under
subsection (a) may--
``(A) have access to all records, reports, audits,
reviews, documents, papers, recommendations, and other
materials available to the Department that relate to
programs and operations with respect to the
responsibilities of the senior official under this
section;
``(B) make such investigations and reports relating
to the administration of the programs and operations of
the Department that are necessary or desirable as
determined by that senior official;
``(C) subject to the approval of the Secretary,
require by subpoena the production, by any person other
than a Federal agency, of all information, documents,
reports, answers, records, accounts, papers, and other
data and documentary evidence necessary to performance
of the responsibilities of the senior official under
this section; and
``(D) administer to or take from any person an
oath, affirmation, or affidavit, whenever necessary to
performance of the responsibilities of the senior
official under this section.
``(2) Enforcement of subpoenas.--Any subpoena issued under
paragraph (1)(C) shall, in the case of contumacy or refusal to
obey, be enforceable by order of any appropriate United States
district court.
``(3) Effect of oaths.--Any oath, affirmation, or affidavit
administered or taken under paragraph (1)(D) by or before an
employee of the Privacy Office designated for that purpose by
the senior official appointed under subsection (a) shall have
the same force and effect as if administered or taken by or
before an officer having a seal of office.
``(c) Supervision and Coordination.--
``(1) In general.--The senior official appointed under
subsection (a) shall--
``(A) report to, and be under the general
supervision of, the Secretary; and
``(B) coordinate activities with the Inspector
General of the Department in order to avoid duplication
of effort.
``(2) Notification to congress on removal.--If the
Secretary removes the senior official appointed under
subsection (a) or transfers that senior official to another
position or location within the Department, the Secretary
shall--
``(A) promptly submit a written notification of the
removal or transfer to Houses of Congress; and
``(B) include in any such notification the reasons
for the removal or transfer.
``(d) Reports by Senior Official to Congress.--The senior official
appointed under subsection (a) shall--
``(1) submit reports directly to the Congress regarding
performance of the responsibilities of the senior official
under this section, without any prior comment or amendment by
the Secretary, Deputy Secretary, or any other officer or
employee of the Department or the Office of Management and
Budget; and
``(2) inform the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives not later
than--
``(A) 30 days after the Secretary disapproves the
senior official's request for a subpoena under
subsection (b)(1)(C) or the Secretary substantively
modifies the requested subpoena; or
``(B) 45 days after the senior official's request
for a subpoena under subsection (b)(1)(C), if that
subpoena has not either been approved or disapproved by
the Secretary.''.
SEC. 604. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.
(a) Short Title.--This section may be cited as the ``Federal Agency
Data Mining Reporting Act of 2007''.
(b) Definitions.--In this section:
(1) Data mining.--The term ``data mining'' means a program
involving pattern-based queries, searches, or other analyses of
1 or more electronic databases, where--
(A) a department or agency of the Federal
Government, or a non-Federal entity acting on behalf of
the Federal Government, is conducting the queries,
searches, or other analyses to discover or locate a
predictive pattern or anomaly indicative of terrorist
or criminal activity on the part of any individual or
individuals;
(B) the queries, searches, or other analyses are
not subject-based and do not use personal identifiers
of a specific individual, or inputs associated with a
specific individual or group of individuals, to
retrieve information from the database or databases;
and
(C) the purpose of the queries, searches, or other
analyses is not solely--
(i) the detection of fraud, waste, or abuse
in a Government agency or program; or
(ii) the security of a Government computer
system.
(2) Database.--The term ``database'' does not include
telephone directories, news reporting, information publicly
available to any member of the public without payment of a fee,
or databases of judicial and administrative opinions or other
legal research sources.
(c) Reports on Data Mining Activities by Federal Agencies.--
(1) In general.--Subsection (d) of this section shall have
no force or effect.
(2) Reports.--
(A) Requirement for report.--The head of each
department or agency of the Federal Government that is
engaged in any activity to use or develop data mining
shall submit a report to Congress on all such
activities of the department or agency under the
jurisdiction of that official. The report shall be
produced in coordination with the privacy officer of
that department or agency, if applicable, and shall be
made available to the public, except for an annex
described in subparagraph (C).
(B) Content of report.--Each report submitted under
subparagraph (A) shall include, for each activity to
use or develop data mining, the following information:
(i) A thorough description of the data
mining activity, its goals, and, where
appropriate, the target dates for the
deployment of the data mining activity.
(ii) A thorough description of the data
mining technology that is being used or will be
used, including the basis for determining
whether a particular pattern or anomaly is
indicative of terrorist or criminal activity.
(iii) A thorough description of the data
sources that are being or will be used.
(iv) An assessment of the efficacy or
likely efficacy of the data mining activity in
providing accurate information consistent with
and valuable to the stated goals and plans for
the use or development of the data mining
activity.
(v) An assessment of the impact or likely
impact of the implementation of the data mining
activity on the privacy and civil liberties of
individuals, including a thorough description
of the actions that are being taken or will be
taken with regard to the property, privacy, or
other rights or privileges of any individual or
individuals as a result of the implementation
of the data mining activity.
(vi) A list and analysis of the laws and
regulations that govern the information being
or to be collected, reviewed, gathered,
analyzed, or used in conjunction with the data
mining activity, to the extent applicable in
the context of the data mining activity.
(vii) A thorough discussion of the
policies, procedures, and guidelines that are
in place or that are to be developed and
applied in the use of such data mining activity
in order to--
(I) protect the privacy and due
process rights of individuals, such as
redress procedures; and
(II) ensure that only accurate and
complete information is collected,
reviewed, gathered, analyzed, or used,
and guard against any harmful
consequences of potential inaccuracies.
(C) Annex.--
(i) In general.--A report under
subparagraph (A) shall include in an annex any
necessary--
(I) classified information;
(II) law enforcement sensitive
information;
(III) proprietary business
information; or
(IV) trade secrets (as that term is
defined in section 1839 of title 18,
United States Code).
(ii) Availability.--Any annex described in
clause (i)--
(I) shall be available, as
appropriate, and consistent with the
National Security Act of 1947 (50
U.S.C. 401 et seq.), to the Committee
on Homeland Security and Governmental
Affairs, the Committee on the
Judiciary, the Select Committee on
Intelligence, the Committee on
Appropriations, and the Committee on
Banking, Housing, and Urban Affairs of
the Senate and the Committee on
Homeland Security, the Committee on the
Judiciary, the Permanent Select
Committee on Intelligence, the
Committee on Appropriations, and the
Committee on Financial Services of the
House of Representatives; and
(II) shall not be made available to
the public.
(D) Time for report.--Each report required under
subparagraph (A) shall be--
(i) submitted not later than 180 days after
the date of enactment of this Act; and
(ii) updated not less frequently than
annually thereafter, to include any activity to
use or develop data mining engaged in after the
date of the prior report submitted under
subparagraph (A).
(d) Reports on Data Mining Activities by Federal Agencies.--
(1) Requirement for report.--The head of each department or
agency of the Federal Government that is engaged in any
activity to use or develop data mining shall submit a report to
Congress on all such activities of the department or agency
under the jurisdiction of that official. The report shall be
made available to the public, except for a classified annex
described paragraph (2)(H).
(2) Content of report.--Each report submitted under
paragraph (1) shall include, for each activity to use or
develop data mining, the following information:
(A) A thorough description of the data mining
activity, its goals, and, where appropriate, the target
dates for the deployment of the data mining activity.
(B) A thorough description, without revealing
existing patents, proprietary business processes, trade
secrets, and intelligence sources and methods, of the
data mining technology that is being used or will be
used, including the basis for determining whether a
particular pattern or anomaly is indicative of
terrorist or criminal activity.
(C) A thorough description of the data sources that
are being or will be used.
(D) An assessment of the efficacy or likely
efficacy of the data mining activity in providing
accurate information consistent with and valuable to
the stated goals and plans for the use or development
of the data mining activity.
(E) An assessment of the impact or likely impact of
the implementation of the data mining activity on the
privacy and civil liberties of individuals, including a
thorough description of the actions that are being
taken or will be taken with regard to the property,
privacy, or other rights or privileges of any
individual or individuals as a result of the
implementation of the data mining activity.
(F) A list and analysis of the laws and regulations
that govern the information being or to be collected,
reviewed, gathered, analyzed, or used with the data
mining activity.
(G) A thorough discussion of the policies,
procedures, and guidelines that are in place or that
are to be developed and applied in the use of such
technology for data mining in order to--
(i) protect the privacy and due process
rights of individuals, such as redress
procedures; and
(ii) ensure that only accurate information
is collected, reviewed, gathered, analyzed, or
used.
(H) Any necessary classified information in an
annex that shall be available, as appropriate, to the
Committee on Homeland Security and Governmental
Affairs, the Committee on the Judiciary, the Select
Committee on Intelligence, and the Committee on
Appropriations of the Senate and the Committee on
Homeland Security, the Committee on the Judiciary, the
Permanent Select Committee on Intelligence, and the
Committee on Appropriations of the House of
Representatives.
(3) Time for report.--Each report required under paragraph
(1) shall be--
(A) submitted not later than 180 days after the
date of enactment of this Act; and
(B) updated not less frequently than annually
thereafter, to include any activity to use or develop
data mining engaged in after the date of the prior
report submitted under paragraph (1).
TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION
SEC. 701. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
(a) In General.--Title III of the Homeland Security Act of 2002 (6
U.S.C. et seq.) is amended by adding at the end the following:
``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
``(a) Definitions.--In this section--
``(1) the term `biological event of national significance'
means--
``(A) an act of terrorism that uses a biological
agent, toxin, or other product derived from a
biological agent; or
``(B) a naturally-occurring outbreak of an
infectious disease that may result in a national
epidemic;
``(2) the term `Member Agencies' means the departments and
agencies described in subsection (d)(1);
``(3) the term `NBIC' means the National Biosurveillance
Integration Center established under subsection (b);
``(4) the term `NBIS' means the National Biosurveillance
Integration System established under subsection (b); and
``(5) the term `Privacy Officer' means the Privacy Officer
appointed under section 222.
``(b) Establishment.--The Secretary shall establish, operate, and
maintain a National Biosurveillance Integration Center, headed by a
Directing Officer, under an existing office or directorate of the
Department, subject to the availability of appropriations, to oversee
development and operation of the National Biosurveillance Integration
System.
``(c) Primary Mission.--The primary mission of the NBIC is to
enhance the capability of the Federal Government to--
``(1) rapidly identify, characterize, localize, and track a
biological event of national significance by integrating and
analyzing data from human health, animal, plant, food, and
environmental monitoring systems (both national and
international); and
``(2) disseminate alerts and other information regarding
such data analysis to Member Agencies and, in consultation with
relevant member agencies, to agencies of State, local, and
tribal governments, as appropriate, to enhance the ability of
such agencies to respond to a biological event of national
significance.
``(d) Requirements.--The NBIC shall design the NBIS to detect, as
early as possible, a biological event of national significance that
presents a risk to the United States or the infrastructure or key
assets of the United States, including--
``(1) if a Federal department or agency, at the discretion
of the head of that department or agency, has entered a
memorandum of understanding regarding participation in the
NBIC, consolidating data from all relevant surveillance systems
maintained by that department or agency to detect biological
events of national significance across human, animal, and plant
species;
``(2) seeking private sources of surveillance, both foreign
and domestic, when such sources would enhance coverage of
critical surveillance gaps;
``(3) using an information technology system that uses the
best available statistical and other analytical tools to
identify and characterize biological events of national
significance in as close to real-time as is practicable;
``(4) providing the infrastructure for such integration,
including information technology systems and space, and support
for personnel from Member Agencies with sufficient expertise to
enable analysis and interpretation of data;
``(5) working with Member Agencies to create information
technology systems that use the minimum amount of patient data
necessary and consider patient confidentiality and privacy
issues at all stages of development and apprise the Privacy
Officer of such efforts; and
``(6) alerting relevant Member Agencies and, in
consultation with relevant Member Agencies, public health
agencies of State, local, and tribal governments regarding any
incident that could develop into a biological event of national
significance.
``(e) Responsibilities of the Secretary.--
``(1) In general.--The Secretary shall--
``(A) ensure that the NBIC is fully operational not
later than September 30, 2008;
``(B) not later than 180 days after the date of
enactment of this section and on the date that the NBIC
is fully operational, submit a report to the Committee
on Homeland Security and Governmental Affairs of the
Senate and the Committee on Homeland Security of the
House of Representatives on the progress of making the
NBIC operational addressing the efforts of the NBIC to
integrate surveillance efforts of Federal, State,
local, and tribal governments.
``(f) Responsibilities of the Directing Officer of the NBIC.--
``(1) In general.--The Directing Officer of the NBIC
shall--
``(A) establish an entity to perform all operations
and assessments related to the NBIS;
``(B) on an ongoing basis, monitor the availability
and appropriateness of contributing surveillance
systems and solicit new surveillance systems that would
enhance biological situational awareness or overall
performance of the NBIS;
``(C) on an ongoing basis, review and seek to
improve the statistical and other analytical methods
utilized by the NBIS;
``(D) receive and consider other relevant homeland
security information, as appropriate; and
``(E) provide technical assistance, as appropriate,
to all Federal, regional, State, local, and tribal
government entities and private sector entities that
contribute data relevant to the operation of the NBIS.
``(2) Assessments.--The Directing Officer of the NBIC
shall--
``(A) on an ongoing basis, evaluate available data
for evidence of a biological event of national
significance; and
``(B) integrate homeland security information with
NBIS data to provide overall situational awareness and
determine whether a biological event of national
significance has occurred.
``(3) Information sharing.--
``(A) In general.--The Directing Officer of the
NBIC shall--
``(i) establish a method of real-time
communication with the National Operations
Center, to be known as the Biological Common
Operating Picture;
``(ii) in the event that a biological event
of national significance is detected, notify
the Secretary and disseminate results of NBIS
assessments related to that biological event of
national significance to appropriate Federal
response entities and, in consultation with
relevant member agencies, regional, State,
local, and tribal governmental response
entities in a timely manner;
``(iii) provide any report on NBIS
assessments to Member Agencies and, in
consultation with relevant member agencies, any
affected regional, State, local, or tribal
government, and any private sector entity
considered appropriate that may enhance the
mission of such Member Agencies, governments,
or entities or the ability of the Nation to
respond to biological events of national
significance; and
``(iv) share NBIS incident or situational
awareness reports, and other relevant
information, consistent with the information
sharing environment established under section
1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) and any
policies, guidelines, procedures, instructions,
or standards established by the President or
the program manager for the implementation and
management of that environment.
``(B) Coordination.--The Directing Officer of the
NBIC shall implement the activities described in
subparagraph (A) in coordination with the program
manager for the information sharing environment of the
Office of the Director of National Intelligence, the
Under Secretary for Intelligence and Analysis, and
other offices or agencies of the Federal Government, as
appropriate.
``(g) Responsibilities of the NBIC Member Agencies.--
``(1) In general.--Each Member Agency shall--
``(A) use its best efforts to integrate
biosurveillance information into the NBIS, with the
goal of promoting information sharing between Federal,
State, local, and tribal governments to detect
biological events of national significance;
``(B) participate in the formation and maintenance
of the Biological Common Operating Picture to
facilitate timely and accurate detection and reporting;
``(C) connect the biosurveillance data systems of
that Member Agency to the NBIC data system under
mutually-agreed protocols that maintain patient
confidentiality and privacy;
``(D) participate in the formation of strategy and
policy for the operation of the NBIC and its
information sharing; and
``(E) provide personnel to the NBIC under an
interagency personnel agreement and consider the
qualifications of such personnel necessary to provide
human, animal, and environmental data analysis and
interpretation support to the NBIC.
``(h) Administrative Authorities.--
``(1) Hiring of experts.--The Directing Officer of the NBIC
shall hire individuals with the necessary expertise to develop
and operate the NBIS.
``(2) Detail of personnel.--Upon the request of the
Directing Officer of the NBIC, the head of any Federal
department or agency may detail, on a reimbursable basis, any
of the personnel of that department or agency to the Department
to assist the NBIC in carrying out this section.
``(i) Joint Biosurveillance Leadership Council.--The Directing
Officer of the NBIC shall--
``(1) establish an interagency coordination council to
facilitate interagency cooperation and to advise the Directing
Officer of the NBIC regarding recommendations to enhance the
biosurveillance capabilities of the Department; and
``(2) invite Member Agencies to serve on such council.
``(j) Relationship to Other Departments and Agencies.--The
authority of the Directing Officer of the NBIC under this section shall
not affect any authority or responsibility of any other department or
agency of the Federal Government with respect to biosurveillance
activities under any program administered by that department or agency.
``(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
inserting after the item relating to section 315 the following:
``Sec. 316. National Biosurveillance Integration Center.''.
SEC. 702. BIOSURVEILLANCE EFFORTS.
The Comptroller General of the United States shall submit a report
to Congress describing--
(1) the state of Federal, State, local, and tribal
government biosurveillance efforts as of the date of such
report;
(2) any duplication of effort at the Federal, State, local,
or tribal government level to create biosurveillance systems;
and
(3) the integration of biosurveillance systems to allow the
maximizing of biosurveillance resources and the expertise of
Federal, State, local, and tribal governments to benefit public
health.
SEC. 703. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR
AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.
(a) In General.--The Homeland Security Act of 2002 is amended by
adding after section 1906, as redesignated by section 203 of this Act,
the following:
``SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL NUCLEAR DETECTION
ARCHITECTURE.
``(a) Annual Review.--
``(1) In general.--The Secretary, the Attorney General, the
Secretary of State, the Secretary of Defense, the Secretary of
Energy, and the Director of National Intelligence shall jointly
ensure interagency coordination on the development and
implementation of the global nuclear detection architecture by
ensuring that, not less frequently than once each year--
``(A) each relevant agency, office, or entity--
``(i) assesses its involvement, support,
and participation in the development, revision,
and implementation of the global nuclear
detection architecture;
``(ii) examines and evaluates components of
the global nuclear detection architecture
(including associated strategies and
acquisition plans) that are related to the
operations of that agency, office, or entity,
to determine whether such components
incorporate and address current threat
assessments, scenarios, or intelligence
analyses developed by the Director of National
Intelligence or other agencies regarding
threats related to nuclear or radiological
weapons of mass destruction; and
``(B) each agency, office, or entity deploying or
operating any technology acquired by the Office--
``(i) evaluates the deployment and
operation of that technology by that agency,
office, or entity;
``(ii) identifies detection performance
deficiencies and operational or technical
deficiencies in that technology; and
``(iii) assesses the capacity of that
agency, office, or entity to implement the
responsibilities of that agency, office, or
entity under the global nuclear detection
architecture.
``(2) Technology.--Not less frequently than once each year,
the Secretary shall examine and evaluate the development,
assessment, and acquisition of technology by the Office.
``(b) Annual Report.--
``(1) In general.--Not later than March 31 of each year,
the Secretary, in coordination with the Attorney General, the
Secretary of State, the Secretary of Defense, the Secretary of
Energy, and the Director of National Intelligence, shall submit
a report regarding the compliance of such officials with this
section and the results of the reviews required under
subsection (a) to--
``(A) the President;
``(B) the Committee on Appropriations, the
Committee on Armed Services, and the Committee on
Homeland Security and Governmental Affairs of the
Senate; and
``(C) the Committee on Appropriations, the
Committee on Armed Services, and the Committee on
Homeland Security of the House of Representatives.
``(2) Form.--Each report submitted under paragraph (1)
shall be submitted in unclassified form to the maximum extent
practicable, but may include a classified annex.
``(c) Definition.--In this section, the term `global nuclear
detection architecture' means the global nuclear detection architecture
developed under section 1902.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note)
is amended by inserting after the item relating to section 1906, as
added by section 203 of this Act, the following:
``Sec. 1907. Joint annual review of global nuclear detection
architecture.''.
TITLE VIII--PRIVATE SECTOR PREPAREDNESS
SEC. 801. DEFINITIONS.
(a) In General.--In this title, the term ``voluntary national
preparedness standards'' has the meaning given that term in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101), as amended by this
Act.
(b) Homeland Security Act of 2002.--Section 2 of the Homeland
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the
following:
``(17) The term `voluntary national preparedness standards'
means a common set of criteria for preparedness, disaster
management, emergency management, and business continuity
programs, such as the American National Standards Institute's
National Fire Protection Association Standard on Disaster/
Emergency Management and Business Continuity Programs (ANSI/
NFPA 1600).''.
SEC. 802. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE
DEPARTMENT.
(a) In General.--Section 102(f) of the Homeland Security Act of
2002 (6 U.S.C. 112(f)) is amended--
(1) by redesignating paragraphs (8) through (10) as
paragraphs (9) through (11), respectively; and
(2) by inserting after paragraph (7) the following:
``(8) providing information to the private sector regarding
voluntary national preparedness standards and the business
justification for preparedness and promoting to the private
sector the adoption of voluntary national preparedness
standards;''.
(b) Private Sector Advisory Councils.--Section 102(f)(4) of the
Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by adding ``and'' at the end; and
(3) by adding at the end the following:
``(C) advise the Secretary on private sector
preparedness issues, including effective methods for--
``(i) promoting voluntary national
preparedness standards to the private sector;
``(ii) assisting the private sector in
adopting voluntary national preparedness
standards; and
``(iii) developing and implementing the
accreditation and certification program under
section 522;''.
SEC. 803. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE;
ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE
SECTOR.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 311 et seq.) is amended by adding at the end the following:
``SEC. 522. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE;
ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE
SECTOR.
``(a) Accreditation and Certification Program.--Not later than 120
days after the date of enactment of this section, the Secretary, in
consultation with representatives of the organizations that coordinate
or facilitate the development of and use of voluntary consensus
standards, appropriate voluntary consensus standards development
organizations, each private sector advisory council created under
section 102(f)(4), and appropriate private sector advisory groups such
as sector coordinating councils and information sharing and analysis
centers, shall--
``(1) support the development, promulgating, and updating,
as necessary, of voluntary national preparedness standards; and
``(2) develop, implement, and promote a program to certify
the preparedness of private sector entities.
``(b) Program Elements.--
``(1) In general.--
``(A) Program.--The program developed and
implemented under this section shall assess whether a
private sector entity complies with voluntary national
preparedness standards.
``(B) Guidelines.--In developing the program under
this section, the Secretary shall develop guidelines
for the accreditation and certification processes
established under this section.
``(2) Standards.--The Secretary, in consultation with
representatives of organizations that coordinate or facilitate
the development of and use of voluntary consensus standards
representatives of appropriate voluntary consensus standards
development organizations, each private sector advisory council
created under section 102(f)(4), and appropriate private sector
advisory groups such as sector coordinating councils and
information sharing and analysis centers--
``(A) shall adopt appropriate voluntary national
preparedness standards that promote preparedness, which
shall be used in the accreditation and certification
program under this section; and
``(B) after the adoption of standards under
subparagraph (A), may adopt additional voluntary
national preparedness standards or modify or
discontinue the use of voluntary national preparedness
standards for the accreditation and certification
program, as necessary and appropriate to promote
preparedness.
``(3) Tiering.--The certification program developed under
this section may use a multiple-tiered system to rate the
preparedness of a private sector entity.
``(4) Small business concerns.--The Secretary and any
selected entity shall establish separate classifications and
methods of certification for small business concerns (as that
term is defined in section 3 of the Small Business Act (15
U.S.C. 632)) for the program under this section.
``(5) Considerations.--In developing and implementing the
program under this section, the Secretary shall--
``(A) consider the unique nature of various sectors
within the private sector, including preparedness,
business continuity standards, or best practices,
established--
``(i) under any other provision of Federal
law; or
``(ii) by any sector-specific agency, as
defined under Homeland Security Presidential
Directive-7; and
``(B) coordinate the program, as appropriate,
with--
``(i) other Department private sector
related programs; and
``(ii) preparedness and business continuity
programs in other Federal agencies.
``(c) Accreditation and Certification Processes.--
``(1) Agreement.--
``(A) In general.--Not later than 120 days after
the date of enactment of this section, the Secretary
shall enter into 1 or more agreements with the American
National Standards Institute or other similarly
qualified nongovernmental or other private sector
entities to carry out accreditations and oversee the
certification process under this section.
``(B) Contents.--Any selected entity shall manage
the accreditation process and oversee the certification
process in accordance with the program established
under this section and accredit qualified third parties
to carry out the certification program established
under this section.
``(2) Procedures and requirements for accreditation and
certification.--
``(A) In general.--The selected entities shall
collaborate to develop procedures and requirements for
the accreditation and certification processes under
this section, in accordance with the program
established under this section and guidelines developed
under subsection (b)(1)(B).
``(B) Contents and use.--The procedures and
requirements developed under subparagraph (A) shall--
``(i) ensure reasonable uniformity in the
accreditation and certification processes if
there is more than 1 selected entity; and
``(ii) be used by any selected entity in
conducting accreditations and overseeing the
certification process under this section.
``(C) Disagreement.--Any disagreement among
selected entities in developing procedures under
subparagraph (A) shall be resolved by the Secretary.
``(3) Designation.--A selected entity may accredit any
qualified third party to carry out the certification process
under this section.
``(4) Third parties.--To be accredited under paragraph (3),
a third party shall--
``(A) demonstrate that the third party has the
ability to certify private sector entities in
accordance with the procedures and requirements
developed under paragraph (2);
``(B) agree to perform certifications in accordance
with such procedures and requirements;
``(C) agree not to have any beneficial interest in
or any direct or indirect control over--
``(i) a private sector entity for which
that third party conducts a certification under
this section; or
``(ii) any organization that provides
preparedness consulting services to private
sector entities;
``(D) agree not to have any other conflict of
interest with respect to any private sector entity for
which that third party conducts a certification under
this section;
``(E) maintain liability insurance coverage at
policy limits in accordance with the requirements
developed under paragraph (2); and
``(F) enter into an agreement with the selected
entity accrediting that third party to protect any
proprietary information of a private sector entity
obtained under this section.
``(5) Monitoring.--
``(A) In general.--The Secretary and any selected
entity shall regularly monitor and inspect the
operations of any third party conducting certifications
under this section to ensure that third party is
complying with the procedures and requirements
established under paragraph (2) and all other
applicable requirements.
``(B) Revocation.--If the Secretary or any selected
entity determines that a third party is not meeting the
procedures or requirements established under paragraph
(2), the appropriate selected entity shall--
``(i) revoke the accreditation of that
third party to conduct certifications under
this section; and
``(ii) review any certification conducted
by that third party, as necessary and
appropriate.
``(d) Annual Review.--
``(1) In general.--The Secretary, in consultation with
representatives of the organizations that coordinate or
facilitate the development of and use of voluntary consensus
standards, appropriate voluntary consensus standards
development organizations, and each private sector advisory
council created under section 102(f)(4), shall annually review
the voluntary accreditation and certification program
established under this section to ensure the effectiveness of
such program and make improvements and adjustments to the
program as necessary and appropriate.
``(2) Review of standards.--Each review under paragraph (1)
shall include an assessment of the voluntary national
preparedness standards used in the program under this section.
``(e) Compliance by Entities Seeking Certification.--Any entity
seeking certification under this section shall comply with all
applicable statutes, regulations, directives, policies, and industry
codes of practice in meeting certification requirements.
``(f) Voluntary Participation.--Certification under this section
shall be voluntary for any private sector entity.
``(g) Public Listing.--The Secretary shall maintain and make public
a listing of any private sector entity certified as being in compliance
with the program established under this section, if that private sector
entity consents to such listing.
``(h) Definition.--In this section, the term `selected entity'
means any entity entering an agreement with the Secretary under
subsection (c)(1)(A).''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
seq.) is amended by inserting after the item relating to section 521
the following:
``Sec. 522. Voluntary national preparedness standards compliance;
accreditation and certification program for
the private sector.''.
SEC. 804. SENSE OF CONGRESS REGARDING PROMOTING AN INTERNATIONAL
STANDARD FOR PRIVATE SECTOR PREPAREDNESS.
It is the sense of Congress that the Secretary or any entity
designated under section 522(c)(1)(A) of the Homeland Security Act of
2002, as added by this Act, should promote, where appropriate, efforts
to develop a consistent international standard for private sector
preparedness.
SEC. 805. DEMONSTRATION PROJECT.
Not later than 120 days after the date of enactment of this Act,
the Secretary shall--
(1) establish a demonstration project to conduct
demonstrations of security management systems that--
(A) shall use a management system standards
approach; and
(B) may be integrated into quality, safety,
environmental and other internationally adopted
management systems; and
(2) enter into 1 or more agreements with a private sector
entity to conduct such demonstrations of security management
systems.
SEC. 806. REPORT TO CONGRESS.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives a report detailing--
(1) any action taken to implement this title or an
amendment made by this title; and
(2) the status, as of the date of that report, of the
implementation of this title and the amendments made by this
title.
SEC. 807. RULE OF CONSTRUCTION.
Nothing in this title may be construed to supercede any
preparedness or business continuity standards, requirements, or best
practices established--
(1) under any other provision of Federal law; or
(2) by any sector-specific agency, as defined under
Homeland Security Presidential Directive-7.
TITLE IX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING
SEC. 901. TRANSPORTATION SECURITY STRATEGIC PLANNING.
(a) In General.--Section 114(t)(1)(B) of title 49, United States
Code, is amended to read as follows:
``(B) transportation modal and intermodal security
plans addressing risks, threats, and vulnerabilities
for aviation, bridge, tunnel, commuter rail and ferry,
highway, maritime, pipeline, rail, mass transit, over-
the-road bus, and other public transportation
infrastructure assets.''.
(b) Contents of the National Strategy for Transportation
Security.--Section 114(t)(3) of such title is amended--
(1) in subparagraph (B), by inserting ``, based on risk
assessments conducted by the Secretary of Homeland Security
(including assessments conducted under section 1421 or 1503 of
the Improving America's Security Act of 2007 or any provision
of law amended by such title),'' after ``risk based
priorities'';
(2) in subparagraph (D)--
(A) by striking ``and local'' and inserting ``,
local, and tribal''; and
(B) by striking ``private sector cooperation and
participation'' and inserting ``cooperation and
participation by private sector entities'';
(3) in subparagraph (E)--
(A) by striking ``response'' and inserting
``prevention, response,''; and
(B) by inserting ``and threatened and executed acts
of terrorism outside the United States to the extent
such acts affect United States transportation systems''
before the period at the end;
(4) in subparagraph (F), by adding at the end the
following: ``Transportation security research and development
projects shall be based, to the extent practicable, on such
prioritization. Nothing in the preceding sentence shall be
construed to require the termination of any research or
development project initiated by the Secretary of Homeland
Security before the date of enactment of the Improving
America's Security Act of 2007.''; and
(5) by adding at the end the following:
``(G) Short- and long-term budget recommendations
for Federal transportation security programs, which
reflect the priorities of the National Strategy for
Transportation Security.
``(H) Methods for linking the individual
transportation modal security plans and the programs
contained therein, and a plan for addressing the
security needs of intermodal transportation hubs.
``(I) Transportation security modal and intermodal
plans, including operational recovery plans to
expedite, to the maximum extent practicable, the return
to operation of an adversely affected transportation
system following a major terrorist attack on that
system or another catastrophe. These plans shall be
coordinated with the resumption of trade protocols
required under section 202 of the SAFE Port Act (6
U.S.C. 942).''.
(c) Periodic Progress Reports.--Section 114(t)(4) of such title is
amended--
(1) in subparagraph (C)--
(A) in clause (i), by inserting ``, including the
transportation modal security plans'' before the period
at the end; and
(B) by striking clause (ii) and inserting the
following:
``(ii) Content.--Each progress report
submitted under this subparagraph shall include
the following:
``(I) Recommendations for improving
and implementing the National Strategy
for Transportation Security and the
transportation modal and intermodal
security plans that the Secretary of
Homeland Security, in consultation with
the Secretary of Transportation,
considers appropriate.
``(II) An accounting of all grants
for transportation security, including
grants for research and development,
distributed by the Secretary of
Homeland Security in the most recently
concluded fiscal year and a description
of how such grants accomplished the
goals of the National Strategy for
Transportation Security.
``(III) An accounting of all--
``(aa) funds requested in
the President's budget
submitted pursuant to section
1105 of title 31 for the most
recently concluded fiscal year
for transportation security, by
mode; and
``(bb) personnel working on
transportation security by
mode, including the number of
contractors.
``(iii) Written explanation of
transportation security activities not
delineated in the national strategy for
transportation security.--At the end of each
year, the Secretary of Homeland Security shall
submit to the appropriate congressional
committees a written explanation of any
activity inconsistent with, or not clearly
delineated in, the National Strategy for
Transportation Security, including the amount
of funds to be expended for the activity and
the number of personnel involved.''; and
(2) in subparagraph (E), by striking ``Select''.
(d) Priority Status.--Section 114(t)(5)(B) of such title is
amended--
(1) in clause (iii), by striking ``and'' at the end;
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
``(iv) the transportation sector specific
plan required under Homeland Security
Presidential Directive-7; and''.
(e) Coordination and Plan Distribution.--Section 114(t) of such
title is amended by adding at the end the following:
``(6) Coordination.--In carrying out the responsibilities
under this section, the Secretary of Homeland Security, in
consultation with the Secretary of Transportation, shall
consult, as appropriate, with Federal, State, and local
agencies, tribal governments, private sector entities
(including nonprofit employee labor organizations),
institutions of higher learning, and other entities.
``(7) Plan distribution.--The Secretary of Homeland
Security shall make available an unclassified version of the
National Strategy for Transportation Security, including its
component transportation modal security plans, to Federal,
State, regional, local and tribal authorities, transportation
system owners or operators, private sector stakeholders
(including non-profit employee labor organizations),
institutions of higher learning, and other appropriate
entities.''.
SEC. 902. TRANSPORTATION SECURITY INFORMATION SHARING.
(a) In General.--Section 114 of title 49, United States Code, is
amended by adding at the end the following:
``(u) Transportation Security Information Sharing Plan.--
``(1) Establishment of plan.--The Secretary of Homeland
Security, in consultation with the program manager of the
information sharing environment established under section 1016
of the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485), the Secretary of Transportation, and public and
private stakeholders, shall establish a Transportation Security
Information Sharing Plan. In establishing the plan, the
Secretary shall gather input on the development of the Plan
from private and public stakeholders and the program manager of
the information sharing environment established under section
1016 of the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485).
``(2) Purpose of plan.--The Plan shall promote sharing of
transportation security information between the Department of
Homeland Security and public and private stakeholders.
``(3) Content of plan.--The Plan shall include--
``(A) a description of how intelligence analysts
within the Department of Homeland Security will
coordinate their activities within the Department and
with other Federal, State, and local agencies, and
tribal governments, including coordination with
existing modal information sharing centers and the
center established under section 1506 of the Improving
America's Security Act of 2007;
``(B) the establishment of a point of contact,
which may be a single point of contact, for each mode
of transportation within the Department of Homeland
Security for its sharing of transportation security
information with public and private stakeholders,
including an explanation and justification to the
appropriate congressional committees if the point of
contact established pursuant to this subparagraph
differs from the agency within the Department that has
the primary authority, or has been delegated such
authority by the Secretary, to regulate the security of
that transportation mode;
``(C) a reasonable deadline by which the Plan will
be implemented; and
``(D) a description of resource needs for
fulfilling the Plan.
``(4) Coordination with the information sharing
environment.--The Plan shall be--
``(A) implemented in coordination with the program
manager for the information sharing environment
established under section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485); and
``(B) consistent with the establishment of that
environment, and any policies, guidelines, procedures,
instructions, or standards established by the President
or the program manager for the implementation and
management of that environment.
``(5) Reports to congress.--
``(A) In general.--Not later than 180 days after
the date of enactment of this subsection, the Secretary
shall submit to the appropriate congressional
committees a report containing the Plan.
``(B) Annual report.--Not later than 1 year after
the date of enactment of this subsection, the Secretary
shall submit to the appropriate congressional
committees an annual report on updates to and the
implementation of the Plan.
``(6) Survey.--
``(A) In general.--The Secretary shall conduct a
biennial survey of the satisfaction of the recipients
of transportation intelligence reports disseminated
under the Plan, and include the results of the survey
as part of the annual report to be submitted under
paragraph (5)(B).
``(B) Information sought.--The survey conducted
under subparagraph (A) shall seek information about the
quality, speed, regularity, and classification of the
transportation security information products
disseminated from the Department of Homeland Security
to public and private stakeholders.
``(7) Security clearances.--The Secretary shall, to the
greatest extent practicable, take steps to expedite the
security clearances needed for public and private stakeholders
to receive and obtain access to classified information
distributed under this section as appropriate.
``(8) Classification of material.--The Secretary, to the
greatest extent practicable, shall provide public and private
stakeholders with specific and actionable information in an
unclassified format.
``(9) Definitions.--In this subsection:
``(A) Appropriate congressional committees.--The
term `appropriate congressional committees' has the
meaning given that term in subsection (t), but shall
also include the Senate Committee on Banking, Housing,
and Urban Development.
``(B) Plan.--The term `Plan' means the
Transportation Security Information Sharing Plan
established under paragraph (1).
``(C) Public and private stakeholders.--The term
`public and private stakeholders' means Federal, State,
and local agencies, tribal governments, and appropriate
private entities.
``(D) Secretary.--The term `Secretary' means the
Secretary of Homeland Security.
``(E) Transportation security information.--The
term `transportation security information' means
information relating to the risks to transportation
modes, including aviation, bridge and tunnel, mass
transit, passenger and freight rail, ferry, highway,
maritime, pipeline, and over-the-road bus
transportation.''.
(b) Congressional Oversight of Security Assurance for Public and
Private Stakeholders.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall provide a semiannual report to the Committee on
Homeland Security and Governmental Affairs, the Committee on
Commerce, Science, and Transportation, and the Committee on
Banking, Housing, and Urban Development of the Senate and the
Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives that--
(A) identifies the job titles and descriptions of
the persons with whom such information is to be shared
under the transportation security information sharing
plan established under section 114(u) of title 49,
United States Code, as added by this Act, and explains
the reason for sharing the information with such
persons;
(B) describes the measures the Secretary has taken,
under section 114(u)(7) of that title, or otherwise, to
ensure proper treatment and security for any classified
information to be shared with the public and private
stakeholders under the plan; and
(C) explains the reason for the denial of
transportation security information to any stakeholder
who had previously received such information.
(2) No report required if no changes in stakeholders.--The
Secretary is not required to provide a semiannual report under
paragraph (1) if no stakeholders have been added to or removed
from the group of persons with whom transportation security
information is shared under the plan since the end of the
period covered by the last preceding semiannual report.
SEC. 903. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT.
(a) TSA Employee Defined.--In this section, the term ``TSA
employee'' means an individual who holds--
(1) any position which was transferred (or the incumbent of
which was transferred) from the Transportation Security
Administration of the Department of Transportation to the
Department by section 403 of the Homeland Security Act of 2002
(6 U.S.C. 203); or
(2) any other position within the Department the duties and
responsibilities of which include carrying out 1 or more of the
functions that were transferred from the Transportation
Security Administration of the Department of Transportation to
the Secretary by such section.
(b) Elimination of Certain Personnel Management Authorities.--
Effective 90 days after the date of enactment of this Act--
(1) section 111(d) of the Aviation and Transportation
Security Act (49 U.S.C. 44935 note) is repealed and any
authority of the Secretary derived from such section 111(d)
shall terminate;
(2) any personnel management system, to the extent
established or modified under such section 111(d) (including by
the Secretary through the exercise of any authority derived
from such section 111(d)) shall terminate; and
(3) the Secretary shall ensure that all TSA employees are
subject to the same personnel management system as described in
paragraph (1) or (2) of subsection (e).
(c) Establishment of Certain Uniformity Requirements.--
(1) System under subsection (e)(1).--The Secretary shall,
with respect to any personnel management system described in
subsection (e)(1), take any measures which may be necessary to
provide for the uniform treatment of all TSA employees under
such system.
(2) System under subsection (e)(2).--Section 9701(b) of
title 5, United States Code, is amended--
(A) in paragraph (4), by striking ``and'' at the
end;
(B) in paragraph (5), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following:
``(6) provide for the uniform treatment of all TSA
employees (as that term is defined in section 903 of the
Improving America's Security Act of 2007).''.
(3) Effective date.--
(A) Provisions relating to a system under
subsection (e)(1).--Any measures necessary to carry out
paragraph (1) shall take effect 90 days after the date
of enactment of this Act.
(B) Provisions relating to a system under
subsection (e)(2).--Any measures necessary to carry out
the amendments made by paragraph (2) shall take effect
on the later of 90 days after the date of enactment of
this Act and the commencement date of the system
involved.
(d) Report to Congress.--
(1) Report required.--Not later than 6 months after the
date of enactment of this Act, the Comptroller General of the
United States 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--
(A) the pay system that applies with respect to TSA
employees as of the date of enactment of this Act; and
(B) any changes to such system which would be made
under any regulations which have been prescribed under
chapter 97 of title 5, United States Code.
(2) Matters for inclusion.--The report required under
paragraph (1) shall include--
(A) a brief description of each pay system
described in paragraphs (1)(A) and (1)(B),
respectively;
(B) a comparison of the relative advantages and
disadvantages of each of those pay systems; and
(C) such other matters as the Comptroller General
determines appropriate.
(e) Personnel Management System Described.--A personnel management
system described in this subsection is--
(1) any personnel management system, to the extent that it
applies with respect to any TSA employees under section 114(n)
of title 49, United States Code; and
(2) any human resources management system, established
under chapter 97 of title 5, United States Code.
SEC. 904. APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT MECHANISM FOR PASSENGER
AND PROPERTY SCREENERS.
(a) Appeal Rights for Screeners.--
(1) In general.--Section 111(d) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note) is amended--
(A) by striking ``Notwithstanding'' and inserting
the following:
``(1) In general.--Except as provided in paragraphs (2) and
(3) notwithstanding''; and
(B) by adding at the end the following:
``(2) Right to appeal adverse action.--The provisions of
chapters 75 and 77 of title 5, United States Code, shall apply
to an individual employed or appointed to carry out the
screening functions of the Administrator under section 44901 of
title 49, United States Code.
``(3) Employee engagement mechanism for addressing
workplace issues.--The Under Secretary of Transportation shall
provide a collaborative, integrated, employee engagement
mechanism, subject to chapter 71 of title 5, United States
Code, at every airport to address workplace issues, except that
collective bargaining over working conditions shall not extend
to pay. Employees shall not have the right to engage in a
strike and the Under Secretary may take whatever actions may be
necessary to carry out the agency mission during emergencies,
newly imminent threats, or intelligence indicating a newly
imminent emergency risk. No properly classified information
shall be divulged in any non-authorized forum.''.
(2) Conforming amendments.--Section 111(d)(1) of the
Aviation and Transportation Security Act, as amended by
paragraph (1)(A), is amended--
(A) by striking ``Under Secretary of Transportation
for Security'' and inserting ``Administrator of the
Transportation Security Administration''; and
(B) by striking ``Under Secretary'' each place such
appears and inserting ``Administrator''.
(b) Whistleblower Protections.--Section 883 of the Homeland
Security Act of 2002 (6 U.S.C. 463) is amended, in the matter preceding
paragraph (1), by inserting ``, or section 111(d) of the Aviation and
Transportation Security Act,'' after ``this Act''.
(c) Report to Congress.--
(1) Report required.--Not later than 6 months after the
date of enactment of this Act, the Comptroller General of the
United States 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--
(A) the pay system that applies with respect to TSA
employees as of the date of enactment of this Act; and
(B) any changes to such system which would be made
under any regulations which have been prescribed under
chapter 97 of title 5, United States Code.
(2) Matters for inclusion.--The report required under
paragraph (1) shall include--
(A) a brief description of each pay system
described in paragraphs (1)(A) and (1)(B),
respectively;
(B) a comparison of the relative advantages and
disadvantages of each of those pay systems; and
(C) such other matters as the Comptroller General
determines appropriate.
(d) This section shall take effect one day after the date of
enactment.
SEC. 905. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.
Section 232(c) of the Security and Accountability For Every Port
Act (6 U.S.C. 982(c)) is amended--
(1) by striking ``Not later'' and inserting the following:
``(1) In general.--Not later'';
(2) by resetting the left margin of the text thereof 2 ems
from the left margin; and
(3) by inserting at the end thereof the following:
``(2) Plan for 100 percent scanning of cargo containers.--
``(A) In general.--The first report under paragraph
(1) shall include an initial plan to scan 100 percent
of the cargo containers destined for the United States
before such containers arrive in the United States.
``(B) Plan contents.--The plan under subparagraph
(A) shall include--
``(i) specific annual benchmarks for the
percentage of cargo containers destined for the
United States that are scanned at a foreign
port;
``(ii) annual increases in the benchmarks
described in clause (i) until 100 percent of
the cargo containers destined for the United
States are scanned before arriving in the
United States, unless the Secretary explains in
writing to the appropriate congressional
committees that inadequate progress has been
made in meeting the criteria in section 232(b)
for expanded scanning to be practical or
feasible;
``(iii) an analysis of how to effectively
incorporate existing programs, including the
Container Security Initiative established by
section 205 and the Customs-Trade Partnership
Against Terrorism established by subtitle B, to
reach the benchmarks described in clause (i);
and
``(iv) an analysis of the scanning
equipment, personnel, and technology necessary
to reach the goal of 100 percent scanning of
cargo containers.
``(C) Subsequent reports.--Each report under
paragraph (1) after the initial report shall include an
assessment of the progress toward implementing the plan
under subparagraph (A).''.
TITLE X--INCIDENT COMMAND SYSTEM
SEC. 1001. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL FACILITIES
TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR
PREPAREDNESS.
Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C.
317(c)(2)) is amended--
(1) in subparagraph (H), by striking ``and'' at the end;
(2) by redesignating subparagraph (I) as subparagraph (K);
and
(3) by inserting after subparagraph (H) the following:
``(I) coordinating with the private sector to help
ensure private sector preparedness for natural
disasters, acts of terrorism, or other man-made
disasters;
``(J) assisting State, local, or tribal
governments, where appropriate, to preidentify and
evaluate suitable sites where a multijurisdictional
incident command system can be quickly established and
operated from, if the need for such a system arises;
and''.
SEC. 1002. CREDENTIALING AND TYPING TO STRENGTHEN INCIDENT COMMAND.
(a) In General.--Title V of the Homeland Security Act of 2002 (6
U.S.C. 331 et seq.) is amended--
(1) by striking section 510 and inserting the following:
``SEC. 510. CREDENTIALING AND TYPING.
``(a) Credentialing.--
``(1) Definitions.--In this subsection--
``(A) the term `credential' means to provide
documentation that can authenticate and verify the
qualifications and identity of managers of incidents,
emergency response providers, and other appropriate
personnel, including by ensuring that such personnel
possess a minimum common level of training, experience,
physical and medical fitness, and capability
appropriate for their position;
``(B) the term `credentialing' means evaluating an
individual's qualifications for a specific position
under guidelines created under this subsection and
assigning such individual a qualification under the
standards developed under this subsection; and
``(C) the term `credentialed' means an individual
has been evaluated for a specific position under the
guidelines created under this subsection.
``(2) Requirements.--
``(A) In general.--The Administrator shall enter
into a memorandum of understanding with the
administrators of the Emergency Management Assistance
Compact, State, local, and tribal governments,
emergency response providers, and the organizations
that represent such providers, to collaborate on
establishing nationwide standards for credentialing all
personnel who are likely to respond to a natural
disaster, act of terrorism, or other man-made disaster.
``(B) Contents.--The standards developed under
subparagraph (A) shall--
``(i) include the minimum professional
qualifications, certifications, training, and
education requirements for specific emergency
response functional positions that are
applicable to Federal, State, local, and tribal
government;
``(ii) be compatible with the National
Incident Management System; and
``(iii) be consistent with standards for
advance registration for health professions
volunteers under section 319I of the Public
Health Services Act (42 U.S.C. 247d-7b).
``(C) Timeframe.--The Administrator shall develop
standards under subparagraph (A) not later than 6
months after the date of enactment of the Improving
America's Security Act of 2007.
``(3) Credentialing of department personnel.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Improving America's Security
Act of 2007, the Secretary and the Administrator shall
ensure that all personnel of the Department (including
temporary personnel and individuals in the Surge
Capacity Force established under section 624 of the
Post-Katrina Emergency Management Reform Act of 2006 (6
U.S.C. 711)) who are likely to respond to a natural
disaster, act of terrorism, or other man-made disaster
are credentialed.
``(B) Strategic human capital plan.--Not later than
90 days after completion of the credentialing under
subparagraph (A), the Administrator shall evaluate
whether the workforce of the Agency complies with the
strategic human capital plan of the Agency developed
under section 10102 of title 5, United States Code, and
is sufficient to respond to a catastrophic incident.
``(4) Integration with national response plan.--
``(A) Distribution of standards.--Not later than 6
months after the date of enactment of the Improving
America's Security Act of 2007, the Administrator shall
provide the standards developed under paragraph (2) to
all Federal agencies that have responsibilities under
the National Response Plan.
``(B) Credentialing of agencies.--Not later than 6
months after the date on which the standards are
provided under subparagraph (A), each agency described
in subparagraph (A) shall--
``(i) ensure that all employees or
volunteers of that agency who are likely to
respond to a natural disaster, act of
terrorism, or other man-made disaster are
credentialed; and
``(ii) submit to the Secretary the name of
each credentialed employee or volunteer of such
agency.
``(C) Leadership.--The Administrator shall provide
leadership, guidance, and technical assistance to an
agency described in subparagraph (A) to facilitate the
credentialing process of that agency.
``(5) Documentation and database system.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Improving America's Security
Act of 2007, the Administrator shall establish and
maintain a documentation and database system of Federal
emergency response providers and all other Federal
personnel credentialed to respond to a natural
disaster, act of terrorism, or other man-made disaster.
``(B) Accessibility.--The documentation and
database system established under subparagraph (1)
shall be accessible to the Federal coordinating officer
and other appropriate officials preparing for or
responding to a natural disaster, act of terrorism, or
other man-made disaster.
``(C) Considerations.--The Administrator shall
consider whether the credentialing system can be used
to regulate access to areas affected by a natural
disaster, act of terrorism, or other man-made disaster.
``(6) Guidance to state and local governments.--Not later
than 6 months after the date of enactment of the Improving
America's Security Act of 2007, the Administrator shall--
``(A) in collaboration with the administrators of
the Emergency Management Assistance Compact, State,
local, and tribal governments, emergency response
providers, and the organizations that represent such
providers, provide detailed written guidance,
assistance, and expertise to State, local, and tribal
governments to facilitate the credentialing of State,
local, and tribal emergency response providers commonly
or likely to be used in responding to a natural
disaster, act of terrorism, or other man-made disaster;
and
``(B) in coordination with the administrators of
the Emergency Management Assistance Compact, State,
local, and tribal governments, emergency response
providers (and the organizations that represent such
providers), and appropriate national professional
organizations, assist State, local, and tribal
governments with credentialing the personnel of the
State, local, or tribal government under the guidance
provided under subparagraph (A).
``(7) Report.--Not later than 6 months after the date of
enactment of the Improving America's Security Act of 2007, and
annually thereafter, the Administrator 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 describing the implementation of this
subsection, including the number and level of qualification of
Federal personnel trained and ready to respond to a natural
disaster, act of terrorism, or other man-made disaster.
``(b) Typing of Resources.--
``(1) Definitions.--In this subsection--
``(A) the term `typed' means an asset or resource
that has been evaluated for a specific function under
the guidelines created under this section; and
``(B) the term `typing' means to define in detail
the minimum capabilities of an asset or resource.
``(2) Requirements.--
``(A) In general.--The Administrator shall enter
into a memorandum of understanding with the
administrators of the Emergency Management Assistance
Compact, State, local, and tribal governments,
emergency response providers, and organizations that
represent such providers, to collaborate on
establishing nationwide standards for typing of
resources commonly or likely to be used in responding
to a natural disaster, act of terrorism, or other man-
made disaster.
``(B) Contents.--The standards developed under
subparagraph (A) shall--
``(i) be applicable to Federal, State,
local, and tribal government; and
``(ii) be compatible with the National
Incident Management System.
``(3) Typing of department resources and assets.--Not later
than 1 year after the date of enactment of the Improving
America's Security Act of 2007, the Secretary shall ensure that
all resources and assets of the Department that are commonly or
likely to be used to respond to a natural disaster, act of
terrorism, or other man-made disaster are typed.
``(4) Integration with national response plan.--
``(A) Distribution of standards.--Not later than 6
months after the date of enactment of the Improving
America's Security Act of 2007, the Administrator shall
provide the standards developed under paragraph (2) to
all Federal agencies that have responsibilities under
the National Response Plan.
``(B) Typing of agencies, assets, and resources.--
Not later than 6 months after the date on which the
standards are provided under subparagraph (A), each
agency described in subparagraph (A) shall--
``(i) ensure that all resources and assets
(including teams, equipment, and other assets)
of that agency that are commonly or likely to
be used to respond to a natural disaster, act
of terrorism, or other man-made disaster are
typed; and
``(ii) submit to the Secretary a list of
all types resources and assets.
``(C) Leadership.--The Administrator shall provide
leadership, guidance, and technical assistance to an
agency described in subparagraph (A) to facilitate the
typing process of that agency.
``(5) Documentation and database system.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Improving America's Security
Act of 2007, the Administrator shall establish and
maintain a documentation and database system of Federal
resources and assets commonly or likely to be used to
respond to a natural disaster, act of terrorism, or
other man-made disaster.
``(B) Accessibility.--The documentation and
database system established under subparagraph (A)
shall be accessible to the Federal coordinating officer
and other appropriate officials preparing for or
responding to a natural disaster, act of terrorism, or
other man-made disaster.
``(6) Guidance to state and local governments.--Not later
than 6 months after the date of enactment of the Improving
America's Security Act of 2007, the Administrator, in
collaboration with the administrators of the Emergency
Management Assistance Compact, State, local, and tribal
governments, emergency response providers, and the
organizations that represent such providers, shall--
``(A) provide detailed written guidance,
assistance, and expertise to State, local, and tribal
governments to facilitate the typing of the resources
and assets of State, local, and tribal governments
likely to be used in responding to a natural disaster,
act of terrorism, or other man-made disaster; and
``(B) assist State, local, and tribal governments
with typing resources and assets of State, local, or
tribal governments under the guidance provided under
subparagraph (A).
``(7) Report.--Not later than 6 months after the date of
enactment of the Improving America's Security Act of 2007, and
annually thereafter, the Administrator 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 describing the implementation of this
subsection, including the number and type of Federal resources
and assets ready to respond to a natural disaster, act of
terrorism, or other man-made disaster.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out this section.''; and
(2) by adding after section 522, as added by section 803 of
this Act, the following:
``SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL INFRASTRUCTURE.
``Not later than 6 months after the date of enactment of the
Improving America's Security Act of 2007, and in coordination with
appropriate national professional organizations, Federal, State, local,
and tribal government agencies, and private-sector and nongovernmental
entities, the Administrator shall create model standards or guidelines
that States may adopt in conjunction with critical infrastructure
owners and operators and their employees to permit access to restricted
areas in the event of a natural disaster, act of terrorism, or other
man-made disaster.''.
(b) Technical and Conforming Amendment.--The table of contents in
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is
amended by inserting after the item relating to section 522, as added
by section 803 of this Act, the following:
``Sec. 523. Providing secure access to critical infrastructure.''.
TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION
SEC. 1101. CRITICAL INFRASTRUCTURE PROTECTION.
(a) Critical Infrastructure List.--Not later than 90 days after the
date of enactment of this Act, and in coordination with other
initiatives of the Secretary relating to critical infrastructure or key
resource protection and partnerships between the government and private
sector, the Secretary shall establish a risk-based prioritized list of
critical infrastructure and key resources that--
(1) includes assets or systems that, if successfully
destroyed or disrupted through a terrorist attack or natural
catastrophe, would cause catastrophic national or regional
impacts, including--
(A) significant loss of life;
(B) severe economic harm;
(C) mass evacuations; or
(D) loss of a city, region, or sector of the
economy as a result of contamination, destruction, or
disruption of vital public services; and
(2) reflects a cross-sector analysis of critical
infrastructure to determine priorities for prevention,
protection, recovery, and restoration.
(b) Sector Lists.--The Secretary shall include levees in the
Department's list of critical infrastructure sectors.
(c) Maintenance.--Each list created under this section shall be
reviewed and updated on an ongoing basis, but at least annually.
(d) Annual Report.--
(1) Generally.--Not later than 120 days after the date of
enactment of this Act, and annually thereafter, the Secretary
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives a report
summarizing--
(A) the criteria used to develop each list created
under this section;
(B) the methodology used to solicit and verify
submissions for each list;
(C) the name, location, and sector classification
of assets in each list created under this section;
(D) a description of any additional lists or
databases the Department has developed to prioritize
critical infrastructure on the basis of risk; and
(E) how each list developed under this section will
be used by the Secretary in program activities,
including grant making.
(2) Classified information.--
(A) In general.--The Secretary shall submit with
each report under this subsection a classified annex
containing information required to be submitted under
this subsection that cannot be made public.
(B) Retention of classification.--The
classification of information required to be provided
to Congress, the Department, or any other department or
agency under this section by a sector-specific agency,
including the assignment of a level of classification
of such information, shall be binding on Congress, the
Department, and that other Federal agency.
SEC. 1102. RISK ASSESSMENT AND REPORT.
(a) Risk Assessment.--
(1) In general.--The Secretary, pursuant to the
responsibilities under section 202 of the Homeland Security Act
(6 U.S.C. 122), for each fiscal year beginning with fiscal year
2007, shall prepare a risk assessment of the critical
infrastructure and key resources of the Nation which shall--
(A) be organized by sector, including the critical
infrastructure sectors named in Homeland Security
Presidential Directive-7, as in effect on January 1,
2006; and
(B) contain any actions or countermeasures
proposed, recommended, or directed by the Secretary to
address security concerns covered in the assessment.
(2) Reliance on other assessments.--In preparing the
assessments and reports under this section, the Department may
rely on a vulnerability assessment or risk assessment prepared
by another Federal agency that the Department determines is
prepared in coordination with other initiatives of the
Department relating to critical infrastructure or key resource
protection and partnerships between the government and private
sector.
(b) Report.--
(1) In general.--Not later than 6 months after the last day
of fiscal year 2007 and for each year thereafter, the Secretary
shall submit a report to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives, and to each
Committee of the Senate and the House of Representatives having
jurisdiction over the critical infrastructure or key resource
addressed by the report, containing a summary and review of the
risk assessments prepared by the Secretary under this section
for that fiscal year, which shall be organized by sector and
which shall include recommendations of the Secretary for
mitigating risks identified by the assessments.
``(2) Classified information.--
``(A) In general.--The report under this subsection
may contain a classified annex.
``(B) Retention of classification.--The
classification of information required to be provided
to Congress, the Department, or any other department or
agency under this section by a sector-specific agency,
including the assignment of a level of classification
of such information, shall be binding on Congress, the
Department, and that other Federal agency.''.
SEC. 1103. USE OF EXISTING CAPABILITIES.
Where appropriate, the Secretary shall use the National
Infrastructure Simulation and Analysis Center to carry out the actions
required under this title.
SEC. 1104. PRIORITIES AND ALLOCATIONS.
Not later than 6 months after the last day of fiscal year 2007, and
for each year thereafter, the Secretary, in cooperation with the
Secretary of Commerce, the Secretary of Transportation, the Secretary
of Defense, and the Secretary of Energy shall submit to the Committee
on Banking, Housing, and Urban Affairs and the Committee on Homeland
Security and Governmental Affairs of the Senate and the Committee on
Financial Services and the Committee on Homeland Security of the House
of Representatives a report that details the actions taken by the
Federal Government to ensure, in accordance with subsections (a) and
(c) of section 101 of the Defense Production Act of 1950 (50 U.S.C.
App. 2071), the preparedness of industry--
(1) to reduce interruption of critical infrastructure
operations during a terrorist attack, natural catastrophe, or
other similar national emergency; and
(2) to minimize the impact of such catastrophes, as so
described in section 1001(a)(1).
TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE
SEC. 1201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
INFORMATION.
(a) Amounts Requested Each Fiscal Year.--The President shall
disclose to the public for each fiscal year after fiscal year 2007 the
aggregate amount of appropriations requested in the budget of the
President for such fiscal year for the National Intelligence Program.
(b) Amounts Authorized and Appropriated Each Fiscal Year.--Congress
shall disclose to the public for each fiscal year after fiscal year
2007 the aggregate amount of funds authorized to be appropriated, and
the aggregate amount of funds appropriated, by Congress for such fiscal
year for the National Intelligence Program.
(c) Study on Disclosure of Additional Information.--
(1) In general.--The Director of National Intelligence
shall conduct a study to assess the advisability of disclosing
to the public amounts as follows:
(A) The aggregate amount of appropriations
requested in the budget of the President for each
fiscal year for each element of the intelligence
community.
(B) The aggregate amount of funds authorized to be
appropriated, and the aggregate amount of funds
appropriated, by Congress for each fiscal year for each
element of the intelligence community.
(2) Requirements.--The study required by paragraph (1)
shall--
(A) address whether or not the disclosure to the
public of the information referred to in that paragraph
would harm the national security of the United States;
and
(B) take into specific account concerns relating to
the disclosure of such information for each element of
the intelligence community.
(3) Report.--Not later than 180 days after the date of
enactment of this Act, the Director shall submit to Congress a
report on the study required by paragraph (1).
(d) Definitions.--In this section--
(1) the term ``element of the intelligence community''
means an element of the intelligence community specified in or
designated under section 3(4) of the National Security Act of
1947 (50 U.S.C. 401a(4)); and
(2) the term ``National Intelligence Program'' has the
meaning given that term in section 3(6) of the National
Security Act of 1947 (50 U.S.C. 401a(6)).
SEC. 1202. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM
CONGRESS.
(a) Response of Intelligence Community to Requests From Congress
for Intelligence Documents and Information.--Title V of the National
Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding at
the end the following new section:
``response of intelligence community to requests from congress for
intelligence documents and information
``Sec. 508. (a) Requests of Committees.--The Director of the
National Counterterrorism Center, the Director of a national
intelligence center, or the head of any department, agency, or element
of the intelligence community shall, not later than 15 days after
receiving a request for any intelligence assessment, report, estimate,
legal opinion, or other intelligence information from the Select
Committee on Intelligence of the Senate, the Permanent Select Committee
on Intelligence of the House of Representatives, or any other committee
of Congress with jurisdiction over the subject matter to which
information in such assessment, report, estimate, legal opinion, or
other information relates, make available to such committee such
assessment, report, estimate, legal opinion, or other information, as
the case may be.
``(b) Requests of Certain Members.--(1) The Director of the
National Counterterrorism Center, the Director of a national
intelligence center, or the head of any department, agency, or element
of the intelligence community shall respond, in the time specified in
subsection (a), to a request described in that subsection from the
Chairman or Vice Chairman of the Select Committee on Intelligence of
the Senate or the Chairman or Ranking Member of the Permanent Select
Committee on Intelligence of the House of Representatives.
``(2) Upon making a request covered by paragraph (1)--
``(A) the Chairman or Vice Chairman, as the case may be, of
the Select Committee on Intelligence of the Senate shall notify
the other of the Chairman or Vice Chairman of such request; and
``(B) the Chairman or Ranking Member, as the case may be,
of the Permanent Select Committee on Intelligence of the House
of Representatives shall notify the other of the Chairman or
Ranking Member of such request.
``(c) Assertion of Privilege.--In response to a request covered by
subsection (a) or (b), the Director of the National Counterterrorism
Center, the Director of a national intelligence center, or the head of
any department, agency, or element of the intelligence community shall
provide the document or information covered by such request unless the
President certifies that such document or information is not being
provided because the President is asserting a privilege pursuant to the
Constitution of the United States.
``(d) Independent Testimony of Intelligence Officials.--No officer,
department, agency, or element within the Executive branch shall have
any authority to require the head of any department, agency, or element
of the intelligence community, or any designate of such a head--
``(1) to receive permission to testify before Congress; or
``(2) to submit testimony, legislative recommendations, or
comments to any officer or agency of the Executive branch for
approval, comments, or review prior to the submission of such
recommendations, testimony, or comments to Congress if such
testimony, legislative recommendations, or comments include a
statement indicating that the views expressed therein are those
of the head of the department, agency, or element of the
intelligence community that is making the submission and do not
necessarily represent the views of the Administration.''.
(b) Disclosures of Certain Information to Congress.--Title V of the
National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by
subsection (a), is amended by adding at the end the following new
section:
``disclosures to congress
``Sec. 509. (a) Authority to Disclose Certain Information.--An
employee of a covered agency or an employee of a contractor carrying
out activities pursuant to a contract with a covered agency may
disclose covered information to an authorized individual without first
reporting such information to the appropriate Inspector General.
``(b) Authorized Individual.--(1) In this section, the term
`authorized individual' means--
``(A) a Member of the Senate or the House of
Representatives who is authorized to receive information of the
type disclosed; or
``(B) an employee of the Senate or the House of
Representatives who--
``(i) has an appropriate security clearance; and
``(ii) is authorized to receive information of the
type disclosed.
``(2) An authorized individual described in paragraph (1) to whom
covered information is disclosed under the authority in subsection (a)
shall be presumed to have a need to know such covered information.
``(c) Covered Agency and Covered Information Defined.--In this
section:
``(1) The term `covered agency' means--
``(A) any department, agency, or element of the
intelligence community;
``(B) a national intelligence center; and
``(C) any other Executive agency, or element or
unit thereof, determined by the President under section
2302(a)(2)(C)(ii) of title 5, United States Code, to
have as its principal function the conduct of foreign
intelligence or counterintelligence activities.
``(2) The term `covered information'--
``(A) means information, including classified
information, that an employee referred to in subsection
(a) reasonably believes provides direct and specific
evidence of a false or inaccurate statement--
``(i) made to Congress; or
``(ii) contained in any intelligence
assessment, report, or estimate; and
``(B) does not include information the disclosure
of which is prohibited by rule 6(e) of the Federal
Rules of Criminal Procedure.
``(d) Construction With Other Reporting Requirements.--Nothing in
this section may be construed to modify, alter, or otherwise affect--
``(1) any reporting requirement relating to intelligence
activities that arises under this Act or any other provision of
law; or
``(2) the right of any employee of the United States to
disclose information to Congress, in accordance with applicable
law, information other than covered information.''.
(c) Clerical Amendment.--The table of contents in the first section
of that Act is amended by inserting after the item relating to section
507 the following new items:
``Sec. 508. Response of intelligence community to requests from
Congress for intelligence documents and
information.
``Sec. 509. Disclosures to Congress.''.
SEC. 1203. PUBLIC INTEREST DECLASSIFICATION BOARD.
The Public Interest Declassification Act of 2000 (50 U.S.C. 435
note) is amended--
(1) in section 704(e)--
(A) by striking ``If requested'' and inserting the
following:
``(1) In general.--If requested''; and
(B) by adding at the end the following:
``(2) Authority of board.--Upon receiving a congressional
request described in section 703(b)(5), the Board may conduct
the review and make the recommendations described in that
section, regardless of whether such a review is requested by
the President.
``(3) Reporting.--Any recommendations submitted to the
President by the Board under section 703(b)(5), shall be
submitted to the chairman and ranking member of the committee
of Congress that made the request relating to such
recommendations.''; and
(2) in section 710(b), by striking ``8 years after the date
of the enactment of this Act'' and inserting ``on December 31,
2012''.
SEC. 1204. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11
COMMISSION RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE
REFORM AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.
(a) Findings.--Congress makes the following findings:
(1) The National Commission on Terrorist Attacks Upon the
United States (referred to in this section as the ``9/11
Commission'') conducted a lengthy review of the facts and
circumstances relating to the terrorist attacks of September
11, 2001, including those relating to the intelligence
community, law enforcement agencies, and the role of
congressional oversight and resource allocation.
(2) In its final report, the 9/11 Commission found that--
(A) congressional oversight of the intelligence
activities of the United States is dysfunctional;
(B) under the rules of the Senate and the House of
Representatives in effect at the time the report was
completed, the committees of Congress charged with
oversight of the intelligence activities lacked the
power, influence, and sustained capability to meet the
daunting challenges faced by the intelligence community
of the United States;
(C) as long as such oversight is governed by such
rules of the Senate and the House of Representatives,
the people of the United States will not get the
security they want and need;
(D) a strong, stable, and capable congressional
committee structure is needed to give the intelligence
community of the United States appropriate oversight,
support, and leadership; and
(E) the reforms recommended by the 9/11 Commission
in its final report will not succeed if congressional
oversight of the intelligence community in the United
States is not changed.
(3) The 9/11 Commission recommended structural changes to
Congress to improve the oversight of intelligence activities.
(4) Congress has enacted some of the recommendations made
by the 9/11 Commission and is considering implementing
additional recommendations of the 9/11 Commission.
(5) The Senate adopted Senate Resolution 445 in the 108th
Congress to address some of the intelligence oversight
recommendations of the 9/11 Commission by abolishing term
limits for the members of the Select Committee on Intelligence,
clarifying jurisdiction for intelligence-related nominations,
and streamlining procedures for the referral of intelligence-
related legislation, but other aspects of the 9/11 Commission
recommendations regarding intelligence oversight have not been
implemented.
(b) Sense of the Senate.--It is the sense of the Senate that the
Committee on Homeland Security and Governmental Affairs and the Select
Committee on Intelligence of the Senate each, or jointly, should--
(1) undertake a review of the recommendations made in the
final report of the 9/11 Commission with respect to
intelligence reform and congressional intelligence oversight
reform;
(2) review and consider any other suggestions, options, or
recommendations for improving intelligence oversight; and
(3) not later than December 21, 2007, submit to the Senate
a report that includes the recommendations of the Committee, if
any, for carrying out such reforms.
SEC. 1205. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST
DECLASSIFICATION BOARD.
Section 21067 of the Continuing Appropriations Resolution, 2007
(division B of Public Law 109-289; 120 Stat. 1311), as amended by
Public Law 109-369 (120 Stat. 2642), Public Law 109-383 (120 Stat.
2678), and Public Law 110-5, is amended by adding at the end the
following new subsection:
``(c) From the amount provided by this section, the National
Archives and Records Administration may obligate monies necessary to
carry out the activities of the Public Interest Declassification
Board.''.
SEC. 1206. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON
CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE
TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
(a) Public Availability.--Not later than 30 days after the date of
the enactment of this Act, the Director of the Central Intelligence
Agency shall prepare and make available to the public a version of the
Executive Summary of the report entitled the ``Office of Inspector
General Report on Central Intelligence Agency Accountability Regarding
Findings and Conclusions of the Joint Inquiry into Intelligence
Community Activities Before and After the Terrorist Attacks of
September 11, 2001'' issued in June 2005 that is declassified to the
maximum extent possible, consistent with national security.
(b) Report to Congress.--The Director of the Central Intelligence
Agency shall submit to Congress a classified annex to the redacted
Executive Summary made available under subsection (a) that explains the
reason that any redacted material in the Executive Summary was withheld
from the public.
TITLE XIII--INTERNATIONAL COOPERATION ON ANTITER-RORISM TECHNOLOGIES
SEC. 1301. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL
COOPERATION.
(a) Findings.--The Congress finds the following:
(1) The development and implementation of technology is
critical to combating terrorism and other high consequence
events and implementing a comprehensive homeland security
strategy.
(2) The United States and its allies in the global war on
terrorism share a common interest in facilitating research,
development, testing, and evaluation of equipment,
capabilities, technologies, and services that will aid in
detecting, preventing, responding to, recovering from, and
mitigating against acts of terrorism.
(3) Certain United States allies in the global war on
terrorism, including Israel, the United Kingdom, Canada,
Australia, and Singapore have extensive experience with, and
technological expertise in, homeland security.
(4) The United States and certain of its allies in the
global war on terrorism have a history of successful
collaboration in developing mutually beneficial equipment,
capabilities, technologies, and services in the areas of
defense, agriculture, and telecommunications.
(5) The United States and its allies in the global war on
terrorism will mutually benefit from the sharing of
technological expertise to combat domestic and international
terrorism.
(6) The establishment of an office to facilitate and
support cooperative endeavors between and among government
agencies, for-profit business entities, academic institutions,
and nonprofit entities of the United States and its allies will
safeguard lives and property worldwide against acts of
terrorism and other high consequence events.
(b) Promoting Antiterrorism Through International Cooperation
Act.--
(1) In general.--The Homeland Security Act of 2002 is
amended by inserting after section 316, as added by section 701
of this Act, the following:
``SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION
PROGRAM.
``(a) Definitions.--In this section:
``(1) Director.--The term `Director' means the Director
selected under subsection (b)(2).
``(2) International cooperative activity.--The term
`international cooperative activity' includes--
``(A) coordinated research projects, joint research
projects, or joint ventures;
``(B) joint studies or technical demonstrations;
``(C) coordinated field exercises, scientific
seminars, conferences, symposia, and workshops;
``(D) training of scientists and engineers;
``(E) visits and exchanges of scientists,
engineers, or other appropriate personnel;
``(F) exchanges or sharing of scientific and
technological information; and
``(G) joint use of laboratory facilities and
equipment.
``(b) Science and Technology Homeland Security International
Cooperative Programs Office.--
``(1) Establishment.--The Under Secretary shall establish
the Science and Technology Homeland Security International
Cooperative Programs Office.
``(2) Director.--The Office shall be headed by a Director,
who--
``(A) shall be selected (in consultation with the
Assistant Secretary for International Affairs, Policy
Directorate) by and shall report to the Under
Secretary; and
``(B) may be an officer of the Department serving
in another position.
``(3) Responsibilities.--
``(A) Development of mechanisms.--The Director
shall be responsible for developing, in coordination
with the Department of State, the Department of
Defense, the Department of Energy, and other Federal
agencies, mechanisms and legal frameworks to allow and
to support international cooperative activity in
support of homeland security research.
``(B) Priorities.--The Director shall be
responsible for developing, in coordination with the
Directorate of Science and Technology, the other
components of the Department (including the Office of
the Assistant Secretary for International Affairs,
Policy Directorate), the Department of State, the
Department of Defense, the Department of Energy, and
other Federal agencies, strategic priorities for
international cooperative activity.
``(C) Activities.--The Director shall facilitate
the planning, development, and implementation of
international cooperative activity to address the
strategic priorities developed under subparagraph (B)
through mechanisms the Under Secretary considers
appropriate, including grants, cooperative agreements,
or contracts to or with foreign public or private
entities, governmental organizations, businesses,
federally funded research and development centers, and
universities.
``(D) Identification of partners.--The Director
shall facilitate the matching of United States entities
engaged in homeland security research with non-United
States entities engaged in homeland security research
so that they may partner in homeland security research
activities.
``(4) Coordination.--The Director shall ensure that the
activities under this subsection are coordinated with the
Office of International Affairs and the Department of State,
the Department of Defense, the Department of Energy, and other
relevant Federal agencies or interagency bodies. The Director
may enter into joint activities with other Federal agencies.
``(c) Matching Funding.--
``(1) In general.--
``(A) Equitability.--The Director shall ensure that
funding and resources expended in international
cooperative activity will be equitably matched by the
foreign partner government or other entity through
direct funding, funding of complementary activities, or
through the provision of staff, facilities, material,
or equipment.
``(B) Grant matching and repayment.--
``(i) In general.--The Secretary may
require a recipient of a grant under this
section--
``(I) to make a matching
contribution of not more than 50
percent of the total cost of the
proposed project for which the grant is
awarded; and
``(II) to repay to the Secretary
the amount of the grant (or a portion
thereof), interest on such amount at an
appropriate rate, and such charges for
administration of the grant as the
Secretary determines appropriate.
``(ii) Maximum amount.--The Secretary may
not require that repayment under clause (i)(II)
be more than 150 percent of the amount of the
grant, adjusted for inflation on the basis of
the Consumer Price Index.
``(2) Foreign partners.--Partners may include Israel, the
United Kingdom, Canada, Australia, Singapore, and other allies
in the global war on terrorism, as determined by the Secretary
of State.
``(d) Funding.--Funding for all activities under this section shall
be paid from discretionary funds appropriated to the Department.
``(e) Foreign Reimbursements.--If the Science and Technology
Homeland Security International Cooperative Programs Office
participates in an international cooperative activity with a foreign
partner on a cost-sharing basis, any reimbursements or contributions
received from that foreign partner to meet the share of that foreign
partner of the project may be credited to appropriate appropriations
accounts of the Directorate of Science and Technology.''.
(2) Technical and conforming amendment.--The table of
contents in section 1(b) of the Homeland Security Act of 2002
(6 U.S.C. 101 et seq.) is amended by adding after the item
relating to section 316, as added by section 701 of this Act,
the following:
``Sec. 317. Promoting antiterrorism through international cooperation
program.''.
SEC. 1302. TRANSPARENCY OF FUNDS.
For each Federal award (as that term is defined in section 2 of the
Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C.
6101 note)) under this title or an amendment made by this title, the
Director of the Office of Management and Budget shall ensure full and
timely compliance with the requirements of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).
TITLE XIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES
SEC. 1401. SHORT TITLE.
This title may be cited as the ``Transportation Security and
Interoperable Communication Capabilities Act''.
Subtitle A--Surface Transportation and Rail Security
SEC. 1411. DEFINITION.
In this title, the term ``high hazard materials'' means quantities
of poison inhalation hazard materials, Class 2.3 gases, Class 6.1
materials, anhydrous ammonia, and other hazardous materials that the
Secretary, in consultation with the Secretary of Transportation,
determines pose a security risk.
PART I--IMPROVED RAIL SECURITY
SEC. 1421. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.
(a) In General.--
(1) Risk assessment.--The Secretary shall establish a task
force, including the Transportation Security Administration and
other agencies within the Department, the Department of
Transportation, and other appropriate Federal agencies, to
complete a risk assessment of freight and passenger rail
transportation (encompassing railroads, as that term is defined
in section 20102(1) of title 49, United States Code). The
assessment shall include--
(A) a methodology for conducting the risk
assessment, including timelines, that addresses how the
Department of Homeland Security will work with the
entities described in subsection (b) and make use of
existing Federal expertise within the Department of
Homeland Security, the Department of Transportation,
and other appropriate agencies;
(B) identification and evaluation of critical
assets and infrastructures;
(C) identification of risks to those assets and
infrastructures;
(D) identification of risks that are specific to
the transportation of hazardous materials via railroad;
(E) identification of risks to passenger and cargo
security, transportation infrastructure (including rail
tunnels used by passenger and freight railroads in high
threat urban areas), protection systems, operations,
communications systems, employee training, emergency
response planning, and any other area identified by the
assessment;
(F) an assessment of public and private operational
recovery plans to expedite, to the maximum extent
practicable, the return of an adversely affected
freight or passenger rail transportation system or
facility to its normal performance level after a major
terrorist attack or other security event on that system
or facility; and
(G) an account of actions taken or planned by both
public and private entities to address identified rail
security issues and assess the effective integration of
such actions.
(2) Recommendations.--Based on the assessment conducted
under paragraph (1), the Secretary, in consultation with the
Secretary of Transportation, shall develop prioritized
recommendations for improving rail security, including any
recommendations the Secretary has for--
(A) improving the security of rail tunnels, rail
bridges, rail switching and car storage areas, other
rail infrastructure and facilities, information
systems, and other areas identified by the Secretary as
posing significant rail-related risks to public safety
and the movement of interstate commerce, taking into
account the impact that any proposed security measure
might have on the provision of rail service or on
operations served or otherwise affected by rail
service;
(B) deploying equipment and personnel to detect
security threats, including those posed by explosives
and hazardous chemical, biological, and radioactive
substances, and any appropriate countermeasures;
(C) training appropriate railroad or railroad
shipper employees in terrorism prevention,
preparedness, passenger evacuation, and response
activities;
(D) conducting public outreach campaigns on
passenger railroads regarding security;
(E) deploying surveillance equipment;
(F) identifying the immediate and long-term costs
of measures that may be required to address those
risks; and
(G) public and private sector sources to fund such
measures.
(3) Plans.--The report required by subsection (c) shall
include--
(A) a plan, developed in consultation with the
freight and intercity passenger railroads, and State
and local governments, for the Federal Government to
provide adequate security support at high or severe
threat levels of alert;
(B) a plan for coordinating existing and planned
rail security initiatives undertaken by the public and
private sectors; and
(C) a contingency plan, developed in coordination
with freight and intercity and commuter passenger
railroads, to ensure the continued movement of freight
and passengers in the event of an attack affecting the
railroad system, which shall contemplate--
(i) the possibility of rerouting traffic
due to the loss of critical infrastructure,
such as a bridge, tunnel, yard, or station; and
(ii) methods of continuing railroad service
in the Northeast Corridor in the event of a
commercial power loss, or catastrophe affecting
a critical bridge, tunnel, yard, or station.
(b) Consultation; Use of Existing Resources.--In carrying out the
assessment and developing the recommendations and plans required by
subsection (a), the Secretary shall consult with rail management, rail
labor, owners or lessors of rail cars used to transport hazardous
materials, first responders, offerers of hazardous materials, public
safety officials, and other relevant parties. In developing the risk
assessment required under this section, the Secretary shall utilize
relevant existing risk assessments developed by the Department or other
Federal agencies, and, as appropriate, assessments developed by other
public and private stakeholders.
(c) Report.--
(1) Contents.--Within 1 year after the date of enactment of
this Act, the Secretary shall transmit to the Committee on
Commerce, Science, and Transportation of the Senate, and the
Committee on Transportation and Infrastructure and the
Committee on Homeland Security of the House of Representatives
a report containing--
(A) the assessment, prioritized recommendations,
and plans required by subsection (a); and
(B) an estimate of the cost to implement such
recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
(d) Annual Updates.--The Secretary, in consultation with the
Secretary of Transportation, shall update the assessment and
recommendations each year and transmit a report, which may be submitted
in both classified and redacted formats, to the Committees named in
subsection (c)(1), containing the updated assessment and
recommendations.
(e) Funding.--Out of funds appropriated pursuant to section 114(w)
of title 49, United States Code, as amended by section 1437 of this
title, there shall be made available to the Secretary to carry out this
section $5,000,000 for fiscal year 2008.
SEC. 1422. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
(a) In General.--
(1) Grants.--Subject to subsection (c) the Secretary, in
consultation with the Assistant Secretary of Homeland Security
(Transportation Security Administration), is authorized to make
grants to Amtrak in accordance with the provisions of this
section.
(2) General purposes.--The Secretary may make such grants
for the purposes of--
(A) protecting underwater and underground assets
and systems;
(B) protecting high risk and high consequence
assets identified through system-wide risk assessments;
(C) providing counter-terrorism training;
(D) providing both visible and unpredictable
deterrence; and
(E) conducting emergency preparedness drills and
exercises.
(3) Specific projects.--The Secretary shall make such
grants--
(A) to secure major tunnel access points and ensure
tunnel integrity in New York, New Jersey, Maryland, and
Washington, DC;
(B) to secure Amtrak trains;
(C) to secure Amtrak stations;
(D) to obtain a watch list identification system
approved by the Secretary;
(E) to obtain train tracking and interoperable
communications systems that are coordinated to the
maximum extent possible;
(F) to hire additional police officers, special
agents, security officers, including canine units, and
to pay for other labor costs directly associated with
security and terrorism prevention activities;
(G) to expand emergency preparedness efforts; and
(H) for employee security training.
(b) Conditions.--The Secretary of Transportation shall disburse
funds to Amtrak provided under subsection (a) for projects contained in
a systemwide security plan approved by the Secretary. Amtrak shall
develop the security plan in consultation with constituent States and
other relevant parties. The plan shall include appropriate measures to
address security awareness, emergency response, and passenger
evacuation training and shall be consistent with State security plans
to the maximum extent practicable.
(c) Equitable Geographic Allocation.--The Secretary shall ensure
that, subject to meeting the highest security needs on Amtrak's entire
system and consistent with the risk assessment required under section
1421, stations and facilities located outside of the Northeast Corridor
receive an equitable share of the security funds authorized by this
section.
(d) Availability of Funds.--
(1) In general.--Out of funds appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1437 of this title, there shall be made available to
the Secretary and the Assistant Secretary of Homeland Security
(Transportation Security Administration) to carry out this
section--
(A) $63,500,000 for fiscal year 2008;
(B) $30,000,000 for fiscal year 2009; and
(C) $30,000,000 for fiscal year 2010.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.
SEC. 1423. FIRE AND LIFE-SAFETY IMPROVEMENTS.
(a) Life-Safety Needs.--The Secretary of Transportation, in
consultation with the Secretary, is authorized to make grants to Amtrak
for the purpose of making fire and life-safety improvements to Amtrak
tunnels on the Northeast Corridor in New York, New Jersey, Maryland,
and Washington, DC.
(b) Authorization of Appropriations.--Out of funds appropriated
pursuant to section 1437(b) of this title, there shall be made
available to the Secretary of Transportation for the purposes of
carrying out subsection (a) the following amounts:
(1) For the 6 New York and New Jersey tunnels to provide
ventilation, electrical, and fire safety technology upgrades,
emergency communication and lighting systems, and emergency
access and egress for passengers--
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009;
(C) $100,000,000 for fiscal year 2010; and
(D) $100,000,000 for fiscal year 2011.
(2) For the Baltimore & Potomac tunnel and the Union
tunnel, together, to provide adequate drainage, ventilation,
communication, lighting, and passenger egress upgrades--
(A) $10,000,000 for fiscal year 2008;
(B) $10,000,000 for fiscal year 2009;
(C) $10,000,000 for fiscal year 2010; and
(D) $10,000,000 for fiscal year 2011.
(3) For the Washington, DC, Union Station tunnels to
improve ventilation, communication, lighting, and passenger
egress upgrades--
(A) $8,000,000 for fiscal year 2008;
(B) $8,000,000 for fiscal year 2009;
(C) $8,000,000 for fiscal year 2010; and
(D) $8,000,000 for fiscal year 2011.
(c) Infrastructure Upgrades.--Out of funds appropriated pursuant to
section 1437(b) of this title, there shall be made available to the
Secretary of Transportation for fiscal year 2008 $3,000,000 for the
preliminary design of options for a new tunnel on a different alignment
to augment the capacity of the existing Baltimore tunnels.
(d) Availability of Appropriated Funds.--Amounts made available
pursuant to this section shall remain available until expended.
(e) Plans Required.--The Secretary of Transportation may not make
amounts available to Amtrak for obligation or expenditure under
subsection (a)--
(1) until Amtrak has submitted to the Secretary, and the
Secretary has approved, an engineering and financial plan for
such projects; and
(2) unless, for each project funded pursuant to this
section, the Secretary has approved a project management plan
prepared by Amtrak addressing appropriate project budget,
construction schedule, recipient staff organization, document
control and record keeping, change order procedure, quality
control and assurance, periodic plan updates, and periodic
status reports.
(f) Review of Plans.--
(1) In general.--The Secretary of Transportation shall
complete the review of the plans required by paragraphs (1) and
(2) of subsection (e) and approve or disapprove the plans
within 45 days after the date on which each such plan is
submitted by Amtrak.
(2) Incomplete or deficient plan.--If the Secretary
determines that a plan is incomplete or deficient, the
Secretary shall notify Amtrak of the incomplete items or
deficiencies and Amtrak shall, within 30 days after receiving
the Secretary's notification, submit a modified plan for the
Secretary's review.
(3) Approval of plan.--Within 15 days after receiving
additional information on items previously included in the
plan, and within 45 days after receiving items newly included
in a modified plan, the Secretary shall either approve the
modified plan, or, if the Secretary finds the plan is still
incomplete or deficient, the Secretary shall--
(A) identify in writing to the Committee on
Commerce, Science, and Transportation of the Senate,
and the Committee on Transportation and Infrastructure
and the Committee on Homeland Security of the House of
Representatives the portions of the plan the Secretary
finds incomplete or deficient;
(B) approve all other portions of the plan;
(C) obligate the funds associated with those other
portions; and
(D) execute an agreement with Amtrak within 15 days
thereafter on a process for resolving the remaining
portions of the plan.
(g) Financial Contribution From Other Tunnel Users.--The Secretary
shall, taking into account the need for the timely completion of all
portions of the tunnel projects described in subsection (a)--
(1) consider the extent to which rail carriers other than
Amtrak use or plan to use the tunnels;
(2) consider the feasibility of seeking a financial
contribution from those other rail carriers toward the costs of
the projects; and
(3) obtain financial contributions or commitments from such
other rail carriers at levels reflecting the extent of their
use or planned use of the tunnels, if feasible.
SEC. 1424. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.
(a) Security Improvement Grants.--The Secretary, in consultation
with Assistant Secretary of Homeland Security (Transportation Security
Administration) and other appropriate agencies or officials, is
authorized to make grants to freight railroads, the Alaska Railroad,
hazardous materials offerers, owners of rail cars used in the
transportation of hazardous materials, universities, colleges and
research centers, State and local governments (for rail passenger
facilities and infrastructure not owned by Amtrak), and to Amtrak for
full or partial reimbursement of costs incurred in the conduct of
activities to prevent or respond to acts of terrorism, sabotage, or
other intercity passenger rail and freight rail security risks
identified under section 1421, including--
(1) security and redundancy for critical communications,
computer, and train control systems essential for secure rail
operations;
(2) accommodation of rail cargo or passenger screening
equipment at the United States-Mexico border, the United
States-Canada border, or other ports of entry;
(3) the security of hazardous material transportation by
rail;
(4) secure intercity passenger rail stations, trains, and
infrastructure;
(5) structural modification or replacement of rail cars
transporting high hazard materials to improve their resistance
to acts of terrorism;
(6) employee security awareness, preparedness, passenger
evacuation, and emergency response training;
(7) public security awareness campaigns for passenger train
operations;
(8) the sharing of intelligence and information about
security threats;
(9) to obtain train tracking and interoperable
communications systems that are coordinated to the maximum
extent possible;
(10) to hire additional police and security officers,
including canine units; and
(11) other improvements recommended by the report required
by section 1421, including infrastructure, facilities, and
equipment upgrades.
(b) Accountability.--The Secretary shall adopt necessary
procedures, including audits, to ensure that grants made under this
section are expended in accordance with the purposes of this title and
the priorities and other criteria developed by the Secretary.
(c) Allocation.--The Secretary shall distribute the funds
authorized by this section based on risk as determined under section
1421, and shall encourage non-Federal financial participation in
projects funded by grants awarded under this section. With respect to
grants for intercity passenger rail security, the Secretary shall also
take into account passenger volume and whether stations or facilities
are used by commuter rail passengers as well as intercity rail
passengers. Not later than 240 days after the date of enactment of this
Act, the Secretary shall provide a report to the Committees on
Commerce, Science and Transportation and Homeland Security and
Governmental Affairs in the Senate and the Committee on Homeland
Security in the House on the feasibility and appropriateness of
requiring a non-federal match for the grants authorized in subsection
(a).
(d) Conditions.--Grants awarded by the Secretary to Amtrak under
subsection (a) shall be disbursed to Amtrak through the Secretary of
Transportation. The Secretary of Transportation may not disburse such
funds unless Amtrak meets the conditions set forth in section 1422(b)
of this title.
(e) Allocation Between Railroads and Others.--Unless as a result of
the assessment required by section 1421 the Secretary determines that
critical rail transportation security needs require reimbursement in
greater amounts to any eligible entity, no grants under this section
may be made cumulatively over the period authorized by this title--
(1) in excess of $45,000,000 to Amtrak; or
(2) in excess of $80,000,000 for the purposes described in
paragraphs (3) and (5) of subsection (a).
(f) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1437 of this title, there shall be made available to
the Secretary to carry out this section--
(A) $100,000,000 for fiscal year 2008;
(B) $100,000,000 for fiscal year 2009; and
(C) $100,000,000 for fiscal year 2010.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.
SEC. 1425. RAIL SECURITY RESEARCH AND DEVELOPMENT.
(a) Establishment of Research and Development Program.--The
Secretary, through the Under Secretary for Science and Technology and
the Assistant Secretary of Homeland Security (Transportation Security
Administration), in consultation with the Secretary of Transportation
shall carry out a research and development program for the purpose of
improving freight and intercity passenger rail security that may
include research and development projects to--
(1) reduce the risk of terrorist attacks on rail
transportation, including risks posed by explosives and
hazardous chemical, biological, and radioactive substances to
intercity rail passengers, facilities, and equipment;
(2) test new emergency response techniques and
technologies;
(3) develop improved freight rail security technologies,
including--
(A) technologies for sealing rail cars;
(B) automatic inspection of rail cars;
(C) communication-based train controls; and
(D) emergency response training;
(4) test wayside detectors that can detect tampering with
railroad equipment;
(5) support enhanced security for the transportation of
hazardous materials by rail, including--
(A) technologies to detect a breach in a tank car
or other rail car used to transport hazardous materials
and transmit information about the integrity of cars to
the train crew or dispatcher;
(B) research to improve tank car integrity, with a
focus on tank cars that carry high hazard materials (as
defined in section 1411 of this title); and
(C) techniques to transfer hazardous materials from
rail cars that are damaged or otherwise represent an
unreasonable risk to human life or public safety; and
(6) other projects that address risks identified under
section 1421.
(b) Coordination With Other Research Initiatives.--The Secretary
shall ensure that the research and development program authorized by
this section is coordinated with other research and development
initiatives at the Department of Homeland Security and the Department
of Transportation. The Secretary shall carry out any research and
development project authorized by this section through a reimbursable
agreement with the Secretary of Transportation, if the Secretary of
Transportation--
(1) is already sponsoring a research and development
project in a similar area; or
(2) has a unique facility or capability that would be
useful in carrying out the project.
(c) Grants and Accountability.--To carry out the research and
development program, the Secretary may award grants to the entities
described in section 1424(a) and shall adopt necessary procedures,
including audits, to ensure that grants made under this section are
expended in accordance with the purposes of this title and the
priorities and other criteria developed by the Secretary.
(d) Authorization of Appropriations.--
(1) In general.--Out of funds appropriated pursuant to
section 114(w) of title 49, United States Code, as amended by
section 1437 of this title, there shall be made available to
the Secretary to carry out this section--
(A) $33,000,000 for fiscal year 2008;
(B) $33,000,000 for fiscal year 2009; and
(C) $33,000,000 for fiscal year 2010.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.
SEC. 1426. OVERSIGHT AND GRANT PROCEDURES.
(a) Secretarial Oversight.--The Secretary may award contracts to
audit and review the safety, security, procurement, management, and
financial compliance of a recipient of amounts under this title.
(b) Procedures for Grant Award.--The Secretary shall, within 180
days after the date of enactment of this Act, prescribe procedures and
schedules for the awarding of grants under this title, including
application and qualification procedures (including a requirement that
the applicant have a security plan), and a record of decision on
applicant eligibility. The procedures shall include the execution of a
grant agreement between the grant recipient and the Secretary and shall
be consistent, to the extent practicable, with the grant procedures
established under section 70107 of title 46, United States Code.
(c) Additional Authority.--The Secretary may issue nonbinding
letters under similar terms to those issued pursuant to section
47110(e) of title 49, United States Code, to sponsors of rail projects
funded under this title.
SEC. 1427. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN
RAIL PASSENGER ACCIDENTS.
(a) In General.--Chapter 243 of title 49, United States Code, is
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved
in rail passenger accidents
``(a) Submission of Plan.--Not later than 6 months after the date
of the enactment of the Transportation Security and Interoperable
Communication Capabilities Act, Amtrak shall submit to the Chairman of
the National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security a plan for
addressing the needs of the families of passengers involved in any rail
passenger accident involving an Amtrak intercity train and resulting in
a loss of life.
``(b) Contents of Plans.--The plan to be submitted by Amtrak under
subsection (a) shall include, at a minimum, the following:
``(1) A process by which Amtrak will maintain and provide
to the National Transportation Safety Board, the Secretary of
Transportation, and the Secretary of Homeland Security,
immediately upon request, a list (which is based on the best
available information at the time of the request) of the names
of the passengers aboard the train (whether or not such names
have been verified), and will periodically update the list. The
plan shall include a procedure, with respect to unreserved
trains and passengers not holding reservations on other trains,
for Amtrak to use reasonable efforts to ascertain the number
and names of passengers aboard a train involved in an accident.
``(2) A plan for creating and publicizing a reliable, toll-
free telephone number within 4 hours after such an accident
occurs, and for providing staff, to handle calls from the
families of the passengers.
``(3) A process for notifying the families of the
passengers, before providing any public notice of the names of
the passengers, by suitably trained individuals.
``(4) A process for providing the notice described in
paragraph (2) to the family of a passenger as soon as Amtrak
has verified that the passenger was aboard the train (whether
or not the names of all of the passengers have been verified).
``(5) A process by which the family of each passenger will
be consulted about the disposition of all remains and personal
effects of the passenger within Amtrak's control; that any
possession of the passenger within Amtrak's control will be
returned to the family unless the possession is needed for the
accident investigation or any criminal investigation; and that
any unclaimed possession of a passenger within Amtrak's control
will be retained by the rail passenger carrier for at least 18
months.
``(6) A process by which the treatment of the families of
nonrevenue passengers will be the same as the treatment of the
families of revenue passengers.
``(7) An assurance that Amtrak will provide adequate
training to its employees and agents to meet the needs of
survivors and family members following an accident.
``(c) Use of Information.--Neither the National Transportation
Safety Board, the Secretary of Transportation, the Secretary of
Homeland Security, nor Amtrak may release any personal information on a
list obtained under subsection (b)(1) but may provide information on
the list about a passenger to the family of the passenger to the extent
that the Board or Amtrak considers appropriate.
``(d) Limitation on Liability.--Amtrak shall not be liable for
damages in any action brought in a Federal or State court arising out
of the performance of Amtrak under this section in preparing or
providing a passenger list, or in providing information concerning a
train reservation, pursuant to a plan submitted by Amtrak under
subsection (b), unless such liability was caused by Amtrak's conduct.
``(e) Limitation on Statutory Construction.--Nothing in this
section may be construed as limiting the actions that Amtrak may take,
or the obligations that Amtrak may have, in providing assistance to the
families of passengers involved in a rail passenger accident.
``(f) Funding.--Out of funds appropriated pursuant to section
1437(b) of the Transportation Security and Interoperable Communication
Capabilities Act, there shall be made available to the Secretary of
Transportation for the use of Amtrak $500,000 for fiscal year 2008 to
carry out this section. Amounts made available pursuant to this
subsection shall remain available until expended.''.
(b) Conforming Amendment.--The chapter analysis for chapter 243 of
title 49, United States Code, is amended by adding at the end the
following:
``24316. Plan to assist families of passengers involved in rail
passenger accidents''.
SEC. 1428. NORTHERN BORDER RAIL PASSENGER REPORT.
Within 1 year after the date of enactment of this Act, the
Secretary, in consultation with the Assistant Secretary of Homeland
Security (Transportation Security Administration), the Secretary of
Transportation, heads of other appropriate Federal departments, and
agencies and the National Railroad Passenger Corporation, shall
transmit a report to the Senate Committee on Commerce, Science, and
Transportation, the House of Representatives Committee on
Transportation and Infrastructure, and the House of Representatives
Committee on Homeland Security that contains--
(1) a description of the current system for screening
passengers and baggage on passenger rail service between the
United States and Canada;
(2) an assessment of the current program to provide
preclearance of airline passengers between the United States
and Canada as outlined in ``The Agreement on Air Transport
Preclearance between the Government of Canada and the
Government of the United States of America'', dated January 18,
2001;
(3) an assessment of the current program to provide
preclearance of freight railroad traffic between the United
States and Canada as outlined in the ``Declaration of Principle
for the Improved Security of Rail Shipments by Canadian
National Railway and Canadian Pacific Railway from Canada to
the United States'', dated April 2, 2003;
(4) information on progress by the Department of Homeland
Security and other Federal agencies towards finalizing a
bilateral protocol with Canada that would provide for
preclearance of passengers on trains operating between the
United States and Canada;
(5) a description of legislative, regulatory, budgetary, or
policy barriers within the United States Government to
providing pre-screened passenger lists for rail passengers
traveling between the United States and Canada to the
Department of Homeland Security;
(6) a description of the position of the Government of
Canada and relevant Canadian agencies with respect to
preclearance of such passengers;
(7) a draft of any changes in existing Federal law
necessary to provide for pre-screening of such passengers and
providing pre-screened passenger lists to the Department of
Homeland Security; and
(8) an analysis of the feasibility of reinstating in-
transit inspections onboard international Amtrak trains.
SEC. 1429. RAIL WORKER SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary, in consultation with the Secretary of
Transportation, appropriate law enforcement, security, and terrorism
experts, representatives of railroad carriers and shippers, and
nonprofit employee organizations that represent rail workers, shall
develop and issue detailed guidance for a rail worker security training
program to prepare front-line workers for potential threat conditions.
The guidance shall take into consideration any current security
training requirements or best practices.
(b) Program Elements.--The guidance developed under subsection (a)
shall include elements appropriate to passenger and freight rail
service that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew communication and coordination.
(3) Appropriate responses to defend or protect oneself.
(4) Use of protective devices.
(5) Evacuation procedures.
(6) Psychology, behavior, and methods of terrorists,
including observation and analysis.
(7) Situational training exercises regarding various threat
conditions.
(8) Any other subject the Secretary considers appropriate.
(c) Railroad Carrier Programs.--Not later than 90 days after the
Secretary issues guidance under subsection (a) in final form, each
railroad carrier shall develop a rail worker security training program
in accordance with that guidance and submit it to the Secretary for
review. Not later than 90 days after receiving a railroad carrier's
program under this subsection, the Secretary shall review the program
and transmit comments to the railroad carrier concerning any revisions
the Secretary considers necessary for the program to meet the guidance
requirements. A railroad carrier shall respond to the Secretary's
comments within 90 days after receiving them.
(d) Training.--Not later than 1 year after the Secretary reviews
the training program developed by a railroad carrier under this
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall
review implementation of the training program of a representative
sample of railroad carriers and report to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security on the number of reviews
conducted and the results. The Secretary may submit the report in both
classified and redacted formats as necessary.
(e) Updates.--The Secretary shall update the training guidance
issued under subsection (a) as appropriate to reflect new or different
security threats. Railroad carriers shall revise their programs
accordingly and provide additional training to their front-line workers
within a reasonable time after the guidance is updated.
(f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, locomotive
engineers, conductors, trainmen, other onboard employees, maintenance
and maintenance support personnel, bridge tenders, as well as other
appropriate employees of railroad carriers, as defined by the
Secretary.
(g) Other Employees.--The Secretary shall issue guidance and best
practices for a rail shipper employee security program containing the
elements listed under subsection (b) as appropriate.
SEC. 1430. WHISTLEBLOWER PROTECTION PROGRAM.
(a) In General.--Subchapter A of chapter 201 of title 49, United
States Code, is amended by inserting after section 20117 the following:
``Sec. 20118. Whistleblower protection for rail Security matters
``(a) Discrimination Against Employee.--A railroad carrier engaged
in interstate or foreign commerce may not discharge or in any way
discriminate against an employee because the employee, whether acting
for the employee or as a representative, has--
``(1) provided, caused to be provided, or is about to
provide or cause to be provided, to the employer or the Federal
Government information relating to a reasonably perceived
threat, in good faith, to security;
``(2) provided, caused to be provided, or is about to
provide or cause to be provided, testimony before Congress or
at any Federal or State proceeding regarding a reasonably
perceived threat, in good faith, to security; or
``(3) refused to violate or assist in the violation of any
law, rule or regulation related to rail security.
``(b) Dispute Resolution.--A dispute, grievance, or claim arising
under this section is subject to resolution under section 3 of the
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National
Railroad Adjustment Board, a division or delegate of the Board, or
another board of adjustment established under section 3 to resolve the
dispute, grievance, or claim the proceeding shall be expedited and the
dispute, grievance, or claim shall be resolved not later than 180 days
after it is filed. If the violation is a form of discrimination that
does not involve discharge, suspension, or another action affecting
pay, and no other remedy is available under this subsection, the Board,
division, delegate, or other board of adjustment may award the employee
reasonable damages, including punitive damages, of not more than
$20,000.
``(c) Procedural Requirements.--Except as provided in subsection
(b), the procedure set forth in section 42121(b)(2)(B) of this
subtitle, including the burdens of proof, applies to any complaint
brought under this section.
``(d) Election of Remedies.--An employee of a railroad carrier may
not seek protection under both this section and another provision of
law for the same allegedly unlawful act of the carrier.
``(e) Disclosure of Identity.--
``(1) Except as provided in paragraph (2) of this
subsection, or with the written consent of the employee, the
Secretary of Transportation or Secretary of Homeland Security
may not disclose the name of an employee of a railroad carrier
who has provided information about an alleged violation of this
section.
``(2) The Secretary shall disclose to the Attorney General
the name of an employee described in paragraph (1) of this
subsection if the matter is referred to the Attorney General
for enforcement.
``(f) Process for Reporting Problems.--
``(1) Establishment of reporting process.--The Secretary
shall establish, and provide information to the public
regarding, a process by which any person may submit a report to
the Secretary regarding railroad security problems,
deficiencies, or vulnerabilities.
``(2) Confidentiality.--The Secretary shall keep
confidential the identity of a person who submits a report
under paragraph (1) and any such report shall be treated as a
record containing protected information to the extent that it
does not consist of publicly available information.
``(3) Acknowledgment of receipt.--If a report submitted
under paragraph (1) identifies the person making the report,
the Secretary shall respond promptly to such person and
acknowledge receipt of the report.
``(4) Steps to address problems.--The Secretary shall
review and consider the information provided in any report
submitted under paragraph (1) and shall take appropriate steps
under this title to address any problems or deficiencies
identified.
``(5) Retaliation prohibited.--No employer may discharge
any employee or otherwise discriminate against any employee
with respect to the compensation to, or terms, conditions, or
privileges of the employment of, such employee because the
employee (or a person acting pursuant to a request of the
employee) made a report under paragraph (1).''.
(b) Conforming Amendment.--The chapter analysis for chapter 201 of
title 49, United States Code, is amended by inserting after the item
relating to section 20117 the following:
``20118. Whistleblower protection for rail security matters''.
SEC. 1431. HIGH HAZARD MATERIAL SECURITY RISK MITIGATION PLANS.
(a) In General.--The Secretary, in consultation with the Assistant
Secretary of Homeland Security (Transportation Security Administration)
and the Secretary of Transportation, shall require rail carriers
transporting a high hazard material, as defined in section 1411 of this
title, to develop a high hazard material security risk mitigation plan
containing appropriate measures, including alternative routing and
temporary shipment suspension options, to address assessed risks to
high consequence targets. The plan, and any information submitted to
the Secretary under this section shall be protected as sensitive
security information under the regulations prescribed under section
114(s) of title 49, United States Code.
(b) Implementation.--A high hazard material security risk
mitigation plan shall be put into effect by a rail carrier for the
shipment of high hazardous materials by rail on the rail carrier's
right-of-way when the threat levels of the Homeland Security Advisory
System are high or severe or specific intelligence of probable or
imminent threat exists towards--
(1) a high-consequence target that is within the
catastrophic impact zone of a railroad right-of-way used to
transport high hazardous material; or
(2) rail infrastructure or operations within the immediate
vicinity of a high-consequence target.
(c) Completion and Review of Plans.--
(1) Plans required.--Each rail carrier shall--
(A) submit a list of routes used to transport high
hazard materials to the Secretary within 60 days after
the date of enactment of this Act;
(B) develop and submit a high hazard material
security risk mitigation plan to the Secretary within
180 days after it receives the notice of high
consequence targets on such routes by the Secretary
that includes an operational recovery plan to expedite,
to the maximum extent practicable, the return of an
adversely affected rail system or facility to its
normal performance level following a major terrorist
attack or other security incident; and
(C) submit any subsequent revisions to the plan to
the Secretary within 30 days after making the
revisions.
(2) Review and updates.--The Secretary, with assistance of
the Secretary of Transportation, shall review the plans and
transmit comments to the railroad carrier concerning any
revisions the Secretary considers necessary. A railroad carrier
shall respond to the Secretary's comments within 30 days after
receiving them. Each rail carrier shall update and resubmit its
plan for review not less than every 2 years.
(d) Definitions.--In this section:
(1) The term ``high-consequence target'' means property,
infrastructure, public space, or natural resource designated by
the Secretary that is a viable terrorist target of national
significance, the attack of which could result in--
(A) catastrophic loss of life;
(B) significant damage to national security or
defense capabilities; or
(C) national economic harm.
(2) The term ``catastrophic impact zone'' means the area
immediately adjacent to, under, or above an active railroad
right-of-way used to ship high hazard materials in which the
potential release or explosion of the high hazard material
being transported would likely cause--
(A) loss of life; or
(B) significant damage to property or structures.
(3) The term ``rail carrier'' has the meaning given that
term by section 10102(5) of title 49, United States Code.
SEC. 1432. ENFORCEMENT AUTHORITY.
(a) In General.--Section 114 of title 49, United States Code, as
amended by section 902(a) of this title, is further amended by adding
at the end the following:
``(v) Enforcement of Regulations and Orders of the Secretary of
Homeland Security Issued Under This Title.--
``(1) Application of subsection.--
``(A) In general.--This subsection applies to the
enforcement of regulations prescribed, and orders
issued, by the Secretary of Homeland Security under a
provision of this title other than a provision of
chapter 449.
``(B) Violations of chapter 449.--The penalties for
violations of regulations prescribed, and orders
issued, by the Secretary of Homeland Security under
chapter 449 of this title are provided under chapter
463 of this title.
``(C) Nonapplication to certain violations.--
``(i) Paragraphs (2) through (5) of this
subsection do not apply to violations of
regulations prescribed, and orders issued, by
the Secretary of Homeland Security under a
provision of this title--
``(I) involving the transportation
of personnel or shipments of materials
by contractors where the Department of
Defense has assumed control and
responsibility;
``(II) by a member of the armed
forces of the United States when
performing official duties; or
``(III) by a civilian employee of
the Department of Defense when
performing official duties.
``(ii) Violations described in subclause
(I), (II), or (III) of clause (i) shall be
subject to penalties as determined by the
Secretary of Defense or the Secretary's
designee.
``(2) Civil penalty.--
``(A) In general.--A person is liable to the United
States Government for a civil penalty of not more than
$10,000 for a violation of a regulation prescribed, or
order issued, by the Secretary of Homeland Security
under this title.
``(B) Repeat violations.--A separate violation
occurs under this paragraph for each day the violation
continues.
``(3) Administrative imposition of civil penalties.--
``(A) In general.--The Secretary of Homeland
Security may impose a civil penalty for a violation of
a regulation prescribed, or order issued, under this
title. The Secretary shall give written notice of the
finding of a violation and the penalty.
``(B) Scope of civil action.--In a civil action to
collect a civil penalty imposed by the Secretary under
this subsection, the court may not re-examine issues of
liability or the amount of the penalty.
``(C) Jurisdiction.--The district courts of the
United States have exclusive jurisdiction of civil
actions to collect a civil penalty imposed by the
Secretary under this subsection if--
``(i) the amount in controversy is more
than--
``(I) $400,000, if the violation
was committed by a person other than an
individual or small business concern;
or
``(II) $50,000, if the violation
was committed by an individual or small
business concern;
``(ii) the action is in rem or another
action in rem based on the same violation has
been brought; or
``(iii) another action has been brought for
an injunction based on the same violation.
``(D) Maximum penalty.--The maximum 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. If the
Secretary compromises the amount of a civil penalty
under this subparagraph, the Secretary shall--
``(i) notify the Senate Committee on
Commerce, Science, and Transportation and the
House of Representatives Committee on Homeland
Security of the compromised penalty and explain
the rationale therefor; and
``(ii) make the explanation available to
the public to the extent feasible without
compromising security.
``(B) The Government may deduct the amount of a
civil penalty imposed or compromised under this
subsection from amounts it owes the person liable for
the penalty.
``(5) Investigations and proceedings.--Chapter 461 of this
title shall apply to investigations and proceedings brought
under this subsection to the same extent that it applies to
investigations and proceedings brought with respect to aviation
security duties designated to be carried out by the Secretary.
``(6) Definitions.--In this subsection:
``(A) Person.--The term `person' does not include--
``(i) the United States Postal Service; or
``(ii) the Department of Defense.
``(B) Small business concern.--The term `small
business concern' has the meaning given that term in
section 3 of the Small Business Act (15 U.S.C. 632).''.
(b) Conforming Amendment.--Section 46301(a)(4) of title 49, United
States Code is amended by striking ``or another requirement under this
title administered by the Under Secretary of Transportation for
Security''.
(c) Rail Safety Regulations.--Section 20103(a) of title 49, United
States Code, is amended by striking ``safety'' the first place it
appears, and inserting ``safety, including security,''.
SEC. 1433. RAIL SECURITY ENHANCEMENTS.
(a) Rail Police Officers.--Section 28101 of title 49, United States
Code, is amended--
(1) by inserting ``(a) In General.--'' before ``Under'';
and
(2) by adding at the end the following:
``(b) Assignment.--A rail police officer employed by a rail carrier
and certified or commissioned as a police officer under the laws of a
State may be temporarily assigned to assist a second rail carrier in
carrying out law enforcement duties upon the request of the second rail
carrier, at which time the police officer shall be considered to be an
employee of the second rail carrier and shall have authority to enforce
the laws of any jurisdiction in which the second rail carrier owns
property to the same extent as provided in subsection (a).''.
(b) Model State Legislation.--By no later than September 7, 2007,
the Secretary of Transportation shall develop model State legislation
to address the problem of entities that claim to be rail carriers in
order to establish and run a police force when the entities do not in
fact provide rail transportation and shall make it available to State
governments. In developing the model State legislation the Secretary
shall solicit the input of the States, railroads companies, and
railroad employees. The Secretary shall review and, if necessary,
revise such model State legislation periodically.
SEC. 1434. PUBLIC AWARENESS.
Not later than 90 days after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of Transportation, shall
develop a national plan for public outreach and awareness. Such plan
shall be designed to increase awareness of measures that the general
public, railroad passengers, and railroad employees can take to
increase railroad system security. Such plan shall also provide
outreach to railroad carriers and their employees to improve their
awareness of available technologies, ongoing research and development
efforts, and available Federal funding sources to improve railroad
security. Not later than 9 months after the date of enactment of this
Act, the Secretary shall implement the plan developed under this
section.
SEC. 1435. RAILROAD HIGH HAZARD MATERIAL TRACKING.
(a) Wireless Communications.--
(1) In general.--In conjunction with the research and
development program established under section 1425 and
consistent with the results of research relating to wireless
tracking technologies, the Secretary, in consultation with the
Assistant Secretary of Homeland Security (Transportation
Security Administration), shall develop a program that will
encourage the equipping of rail cars transporting high hazard
materials (as defined in section 1411 of this title) with
technology that provides--
(A) car position location and tracking
capabilities; and
(B) notification of rail car depressurization,
breach, unsafe temperature, or release of hazardous
materials.
(2) Coordination.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for rail car tracking at the Department of
Transportation; and
(B) ensure that the program is consistent with
recommendations and findings of the Department of
Homeland Security's hazardous material tank rail car
tracking pilot programs.
(b) Funding.--Out of funds appropriated pursuant to section 114(w)
of title 49, United States Code, as amended by section 1437 of this
title, there shall be made available to the Secretary to carry out this
section $3,000,000 for each of fiscal years 2008, 2009, and 2010.
SEC. 1436. UNIFIED CARRIER REGISTRATION SYSTEM PLAN AGREEMENT.
(a) In General.--Notwithstanding section 4305(a) of the SAFETEA-LU
Act (Public Law 109-59)--
(1) section 14504 of title 49, United States Code, as that
section was in effect on December 31, 2006, is re-enacted,
effective as of January 1, 2007; and
(2) no fee shall be collected pursuant to section 14504a of
title 49, United States Code, until 30 days after the date, as
determined by the Secretary of Transportation, on which--
(A) the unified carrier registration system plan
and agreement required by that section has been fully
implemented; and
(B) the fees have been set by the Secretary under
subsection (d)(7)(B) of that section.
(b) Repeal of Section 14504.--Section 14504 of title 49, United
States Code, as re-enacted by this Act, is repealed effective on the
date on which fees may be collected under section 14504a of title 49,
United States Code, pursuant to subsection (a)(2) of this section.
SEC. 1437. AUTHORIZATION OF APPROPRIATIONS.
(a) Transportation Security Administration Authorization.--Section
114 of title 49, United States Code, as amended by section 1432, is
amended by adding at the end thereof the following:
``(w) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security for rail security--
``(1) $205,000,000 for fiscal year 2008;
``(2) $166,000,000 for fiscal year 2009; and
``(3) $166,000,000 for fiscal year 2010.''.
(b) Department of Transportation.--There are authorized to be
appropriated to the Secretary of Transportation to carry out this title
and sections 20118 and 24316 of title 49, United States Code, as added
by this title--
(1) $121,000,000 for fiscal year 2008;
(2) $118,000,000 for fiscal year 2009;
(3) $118,000,000 for fiscal year 2010; and
(4) $118,000,000 for fiscal year 2011.
SEC. 1438. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK
CONTRACTS.
Section 24301 of title 49, United States Code, is amended by adding
at the end the following:
``(o) Applicability of District of Columbia Law.--Any lease or
contract entered into between the National Railroad Passenger
Corporation and the State of Maryland, or any department or agency of
the State of Maryland, after the date of the enactment of this
subsection shall be governed by the laws of the District of
Columbia.''.
PART II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY
SEC. 1441. HAZARDOUS MATERIALS HIGHWAY ROUTING.
(a) Route Plan Guidance.--Within 1 year after the date of enactment
of this Act, the Secretary of Transportation, in consultation with the
Secretary, shall--
(1) document existing and proposed routes for the
transportation of radioactive and non-radioactive hazardous
materials by motor carrier, and develop a framework for using a
Geographic Information System-based approach to characterize
routes in the National Hazardous Materials Route Registry;
(2) assess and characterize existing and proposed routes
for the transportation of radioactive and non-radioactive
hazardous materials by motor carrier for the purpose of
identifying measurable criteria for selecting routes based on
safety and security concerns;
(3) analyze current route-related hazardous materials
regulations in the United States, Canada, and Mexico to
identify cross-border differences and conflicting regulations;
(4) document the concerns of the public, motor carriers,
and State, local, territorial, and tribal governments about the
highway routing of hazardous materials for the purpose of
identifying and mitigating security risks associated with
hazardous material routes;
(5) prepare guidance materials for State officials to
assist them in identifying and reducing both safety concerns
and security risks when designating highway routes for
hazardous materials consistent with the 13 safety-based non-
radioactive materials routing criteria and radioactive
materials routing criteria in subpart C part 397 of title 49,
Code of Federal Regulations;
(6) develop a tool that will enable State officials to
examine potential routes for the highway transportation of
hazardous material and assess specific security risks
associated with each route and explore alternative mitigation
measures; and
(7) transmit to the Senate Committee on Commerce, Science,
and Transportation, and the House of Representatives Committee
on Transportation and Infrastructure a report on the actions
taken to fulfill paragraphs (1) through (6) of this subsection
and any recommended changes to the routing requirements for the
highway transportation of hazardous materials in part 397 of
title 49, Code of Federal Regulations.
(b) Route Plans.--
(1) Assessment.--Within 1 year after the date of enactment
of this Act, the Secretary of Transportation shall complete an
assessment of the safety and national security benefits
achieved under existing requirements for route plans, in
written or electronic format, for explosives and radioactive
materials. The assessment shall, at a minimum--
(A) compare the percentage of Department of
Transportation recordable incidents and the severity of
such incidents for shipments of explosives and
radioactive materials for which such route plans are
required with the percentage of recordable incidents
and the severity of such incidents for shipments of
explosives and radioactive materials not subject to
such route plans; and
(B) quantify the security and safety benefits,
feasibility, and costs of requiring each motor carrier
that is required to have a hazardous material safety
permit under part 385 of title 49, Code of Federal
Regulations, to maintain, follow, and carry such a
route plan that meets the requirements of section
397.101 of that title when transporting the type and
quantity of hazardous materials described in section
385.403 of that title, taking into account the various
segments of the trucking industry, including tank
truck, truckload and less than truckload carriers.
(2) Report.--Within 1 year after the date of enactment of
this Act, the Secretary of Transportation shall submit a report
to the Senate Committee on Commerce, Science, and
Transportation, and the House of Representatives Committee on
Transportation and Infrastructure containing the findings and
conclusions of the assessment.
(c) Requirement.--The Secretary shall require motor carriers that
have a hazardous material safety permit under part 385 of title 49,
Code of Federal Regulations, to maintain, follow, and carry a route
plan, in written or electronic format, that meets the requirements of
section 397.101 of that title when transporting the type and quantity
of hazardous materials described in section 385.403 of that title if
the Secretary determines, under the assessment required in subsection
(b), that such a requirement would enhance the security and safety of
the nation without imposing unreasonable costs or burdens upon motor
carriers.
SEC. 1442. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.
(a) Communications.--
(1) In general.--Consistent with the findings of the
Transportation Security Administration's Hazmat Truck Security
Pilot Program and within 6 months after the date of enactment
of this Act, the Secretary, through the Transportation Security
Administration and in consultation with the Secretary of
Transportation, shall develop a program to facilitate the
tracking of motor carrier shipments of high hazard materials,
as defined in this title, and to equip vehicles used in such
shipments with technology that provides--
(A) frequent or continuous communications;
(B) vehicle position location and tracking
capabilities; and
(C) a feature that allows a driver of such vehicles
to broadcast an emergency message.
(2) Considerations.--In developing the program required by
paragraph (1), the Secretary shall--
(A) consult with the Secretary of Transportation to
coordinate the program with any ongoing or planned
efforts for motor carrier or high hazardous materials
tracking at the Department of Transportation;
(B) take into consideration the recommendations and
findings of the report on the Hazardous Material Safety
and Security Operation Field Test released by the
Federal Motor Carrier Safety Administration on November
11, 2004; and
(C) evaluate--
(i) any new information related to the
costs and benefits of deploying, equipping, and
utilizing tracking technology, including
portable tracking technology, for motor
carriers transporting high hazard materials not
included in the Hazardous Material Safety and
Security Operation Field Test Report released
by the Federal Motor Carrier Safety
Administration on November 11, 2004;
(ii) the ability of tracking technology to
resist tampering and disabling;
(iii) the capability of tracking technology
to collect, display, and store information
regarding the movement of shipments of high
hazard materials by commercial motor vehicles;
(iv) the appropriate range of contact
intervals between the tracking technology and a
commercial motor vehicle transporting high
hazard materials;
(v) technology that allows the installation
by a motor carrier of concealed and portable
electronic devices on commercial motor vehicles
that can be activated by law enforcement
authorities to disable the vehicle and alert
emergency response resources to locate and
recover high hazard materials in the event of
loss or theft of such materials; and
(vi) whether installation of the technology
described in clause (v) should be incorporated
into the program under paragraph (1);
(vii) the costs, benefits, and practicality
of such technology described in clause (v) in
the context of the overall benefit to national
security, including commerce in transportation;
and
(viii) other systems the Secretary
determines appropriate.
(b) Regulations.--Not later than 1 year after the date of the
enactment of this Act, the Secretary, through the Transportation
Security Administration, shall promulgate regulations to carry out the
provisions of subsection (a).
(c) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section, $7,000,000 for each of fiscal
years 2008, 2009, and 2010, of which--
(1) $3,000,000 per year may be used for equipment; and
(2) $1,000,000 per year may be used for operations.
(d) Report.--Within 1 year after the issuance of regulations under
subsection (b), the Secretary shall issue a report to the Senate
Committee on Commerce, Science, and Transportation, the Senate
Committee on Homeland Security and Governmental Affairs and the House
Committee on Homeland Security on the program developed and evaluation
carried out under this section.
(e) Limitation.--The Secretary may not mandate the installation or
utilization of the technology described under (a)(2)(C)(v) without
additional congressional action on that matter.
SEC. 1443. MEMORANDUM OF AGREEMENT.
Similar to the other security annexes between the 2 departments,
within 1 year after the date of enactment of this Act, the Secretary of
Transportation and the Secretary shall execute and develop an annex to
the memorandum of agreement between the 2 departments signed on
September 28, 2004, governing the specific roles, delineations of
responsibilities, resources and commitments of the Department of
Transportation and the Department of Homeland Security, respectively,
in addressing motor carrier transportation security matters, including
the processes the departments will follow to promote communications,
efficiency, and nonduplication of effort.
SEC. 1444. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--The Secretary shall establish a program within the
Transportation Security Administration, in consultation with the
Secretary of Transportation, for reviewing hazardous materials security
plans required under part 172, title 49, Code of Federal Regulations,
within 180 days after the date of enactment of this Act. In
establishing the program, the Secretary shall ensure that--
(1) the program does not subject carriers to unnecessarily
duplicative reviews of their security plans by the 2
departments; and
(2) a common set of standards is used to review the
security plans.
(b) Civil Penalty.--The failure, by an offerer, carrier, or other
person subject to part 172 of title 49, Code of Federal Regulations, to
comply with any applicable section of that part within 180 days after
being notified by the Secretary of such failure to comply, is
punishable by a civil penalty imposed by the Secretary under title 49,
United States Code. For purposes of this subsection, each day of
noncompliance after the 181st day following the date on which the
offerer, carrier, or other person received notice of the failure shall
constitute a separate failure.
(c) Compliance Review.--In reviewing the compliance of hazardous
materials offerers, carriers, or other persons subject to part 172 of
title 49, Code of Federal Regulations, with the provisions of that
part, the Secretary shall utilize risk assessment methodologies to
prioritize review and enforcement actions of the highest risk hazardous
materials transportation operations.
(d) Transportation Costs Study.--Within 1 year after the date of
enactment of this Act, the Secretary of Transportation, in conjunction
with the Secretary, shall study to what extent the insurance, security,
and safety costs borne by railroad carriers, motor carriers, pipeline
carriers, air carriers, and maritime carriers associated with the
transportation of hazardous materials are reflected in the rates paid
by offerers of such commodities as compared to the costs and rates
respectively for the transportation of non-hazardous materials.
(e) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
(1) $2,000,000 for fiscal year 2008;
(2) $2,000,000 for fiscal year 2009; and
(3) $2,000,000 for fiscal year 2010.
SEC. 1445. TRUCK SECURITY ASSESSMENT.
Not later than 1 year after the date of enactment of this Act, the
Secretary, in consultation with the Secretary of Transportation, shall
transmit to the Senate Committee on Commerce, Science, and
Transportation, Senate Committee on Finance, the House of
Representatives Committee on Transportation and Infrastructure, the
House of Representatives Committee on Homeland Security, and the House
of Representatives Committee on Ways and Means, a report on security
issues related to the trucking industry that includes--
(1) an assessment of actions already taken to address
identified security issues by both public and private entities;
(2) an assessment of the economic impact that security
upgrades of trucks, truck equipment, or truck facilities may
have on the trucking industry and its employees, including
independent owner-operators;
(3) an assessment of ongoing research and the need for
additional research on truck security;
(4) an assessment of industry best practices to enhance
security; and
(5) an assessment of the current status of secure motor
carrier parking.
SEC. 1446. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.
(a) Development.--The Secretary, in conjunction with the Secretary
of Transportation, shall consider the development of a national public
sector response system to receive security alerts, emergency messages,
and other information used to track the transportation of high hazard
materials which can provide accurate, timely, and actionable
information to appropriate first responder, law enforcement and public
safety, and homeland security officials, as appropriate, regarding
accidents, threats, thefts, or other safety and security risks or
incidents. In considering the development of this system, they shall
consult with law enforcement and public safety officials, hazardous
material shippers, motor carriers, railroads, organizations
representing hazardous material employees, State transportation and
hazardous materials officials, private for-profit and non-profit
emergency response organizations, and commercial motor vehicle and
hazardous material safety groups. Consideration of development of the
national public sector response system shall be based upon the public
sector response center developed for the Transportation Security
Administration hazardous material truck security pilot program and
hazardous material safety and security operational field test
undertaken by the Federal Motor Carrier Safety Administration.
(b) Capability.--The national public sector response system to be
considered shall be able to receive, as appropriate--
(1) negative driver verification alerts;
(2) out-of-route alerts;
(3) driver panic or emergency alerts; and
(4) tampering or release alerts.
(c) Characteristics.--The national public sector response system to
be considered shall--
(1) be an exception-based system;
(2) be integrated with other private and public sector
operation reporting and response systems and all Federal
homeland security threat analysis systems or centers (including
the National Response Center); and
(3) provide users the ability to create rules for alert
notification messages.
(d) Carrier Participation.--The Secretary shall coordinate with
motor carriers and railroads transporting high hazard materials,
entities acting on their behalf who receive communication alerts from
motor carriers or railroads, or other Federal agencies that receive
security and emergency related notification regarding high hazard
materials in transit to facilitate the provisions of the information
listed in subsection (b) to the national public sector response system
to the extent possible if the system is established.
(e) Data Privacy.--ional public sector response system shall be
designed to ensure appropriate protection of data and information
relating to motor carriers, railroads, and employees.
(f) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall transmit to the Senate Committee on
Commerce, Science, and Transportation, the House of Representatives
Committee on Transportation and Infrastructure, and the House of
Representatives Committee on Homeland Security a report on whether to
establish a national public sector response system and the estimated
total public and private sector costs to establish and annually operate
such a system, together with any recommendations for generating private
sector participation and investment in the development and operation of
such a system.
(g) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
(1) $1,000,000 for fiscal year 2008;
(2) $1,000,000 for fiscal year 2009; and
(3) $1,000,000 for fiscal year 2010.
SEC. 1447. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
(a) In General.--The Secretary shall establish a program within the
Transportation Security Administration for making grants to private
operators of over-the-road buses or over-the-road bus terminal
operators for the purposes of emergency preparedness drills and
exercises, protecting high risk/high consequence assets identified
through system-wide risk assessment, counter-terrorism training,
visible/unpredictable deterrence, public awareness and preparedness
campaigns, and including--
(1) constructing and modifying terminals, garages,
facilities, or over-the-road buses to assure their security;
(2) protecting or isolating the driver;
(3) acquiring, upgrading, installing, or operating
equipment, software, or accessorial services for collection,
storage, or exchange of passenger and driver information
through ticketing systems or otherwise, and information links
with government agencies;
(4) training employees in recognizing and responding to
security risks, evacuation procedures, passenger screening
procedures, and baggage inspection;
(5) hiring and training security officers;
(6) installing cameras and video surveillance equipment on
over-the-road buses and at terminals, garages, and over-the-
road bus facilities;
(7) creating a program for employee identification or
background investigation;
(8) establishing and upgrading emergency communications
tracking and control systems; and
(9) implementing and operating passenger screening programs
at terminals and on over-the-road buses.
(b) Due Consideration.--In making grants under this section, the
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation
security from those in effect before September 11, 2001, and shall
prioritize grant funding based on the magnitude and severity of the
security risks to bus passengers and the ability of the funded project
to reduce, or respond to, that risk.
(c) Grant Requirements.--A grant under this section shall be
subject to all the terms and conditions that a grant is subject to
under section 3038(f) of the Transportation Equity Act for the 21st
Century (49 U.S.C. 5310 note; 112 Stat. 393).
(d) Plan Requirement.--
(1) In general.--The Secretary may not make a grant under
this section to a private operator of over-the-road buses until
the operator has first submitted to the Secretary--
(A) a plan for making security improvements
described in subsection (a) and the Secretary has
reviewed or approved the plan; and
(B) such additional information as the Secretary
may require to ensure accountability for the obligation
and expenditure of amounts made available to the
operator under the grant.
(2) Coordination.--To the extent that an application for a
grant under this section proposes security improvements within
a specific terminal owned and operated by an entity other than
the applicant, the applicant shall demonstrate to the
satisfaction of the Secretary that the applicant has
coordinated the security improvements for the terminal with
that entity.
(e) Over-the-Road Bus Defined.--In this section, the term ``over-
the-road bus'' means a bus characterized by an elevated passenger deck
located over a baggage compartment.
(f) Bus Security Assessment.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall transmit to the
Senate Committee on Commerce, Science, and Transportation, the
House of Representatives Committee on Transportation and
Infrastructure, and the House of Representatives Committee on
Homeland Security a report in accordance with the requirements
of this section.
(2) Contents of report.--The report shall include--
(A) an assessment of the over-the-road bus security
grant program;
(B) an assessment of actions already taken to
address identified security issues by both public and
private entities and recommendations on whether
additional safety and security enforcement actions are
needed;
(C) an assessment of whether additional legislation
is needed to provide for the security of Americans
traveling on over-the-road buses;
(D) an assessment of the economic impact that
security upgrades of buses and bus facilities may have
on the over-the-road bus transportation industry and
its employees;
(E) an assessment of ongoing research and the need
for additional research on over-the-road bus security,
including engine shut-off mechanisms, chemical and
biological weapon detection technology, and the
feasibility of compartmentalization of the driver;
(F) an assessment of industry best practices to
enhance security; and
(G) an assessment of school bus security, if the
Secretary deems it appropriate.
(3) Consultation with industry, labor, and other groups.--
In carrying out this section, the Secretary shall consult with
over-the-road bus management and labor representatives, public
safety and law enforcement officials, and the National Academy
of Sciences.
(g) Funding.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section--
(A) $12,000,000 for fiscal year 2008;
(B) $25,000,000 for fiscal year 2009; and
(C) $25,000,000 for fiscal year 2010.
(2) Availability of appropriated funds.--Amounts
appropriated pursuant to paragraph (1) shall remain available
until expended.
SEC. 1448. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
(a) In General.--The Secretary, in consultation with the Secretary
of Transportation and the Pipeline and Hazardous Materials Safety
Administration, and in accordance with the Memorandum of Understanding
Annex executed on August 9, 2006, shall develop a Pipeline Security and
Incident Recovery Protocols Plan. The plan shall include--
(1) a plan for the Federal Government to provide increased
security support to the most critical interstate and intrastate
natural gas and hazardous liquid transmission pipeline
infrastructure and operations as determined under section
1449--
(A) at severe security threat levels of alert; or
(B) when specific security threat information
relating to such pipeline infrastructure or operations
exists; and
(2) an incident recovery protocol plan, developed in
conjunction with interstate and intrastate transmission and
distribution pipeline operators and terminals and facilities
operators connected to pipelines, to develop protocols to
ensure the continued transportation of natural gas and
hazardous liquids to essential markets and for essential public
health or national defense uses in the event of an incident
affecting the interstate and intrastate natural gas and
hazardous liquid transmission and distribution pipeline system,
which shall include protocols for granting access to pipeline
operators for pipeline infrastructure repair, replacement or
bypass following an incident.
(b) Existing Private and Public Sector Efforts.--The plan shall
take into account actions taken or planned by both private and public
entities to address identified pipeline security issues and assess the
effective integration of such actions.
(c) Consultation.--In developing the plan under subsection (a), the
Secretary shall consult with the Secretary of Transportation,
interstate and intrastate transmission and distribution pipeline
operators, pipeline labor, first responders, shippers, State pipeline
safety agencies, public safety officials, and other relevant parties.
(d) Report.--
(1) Contents.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to the
Committee on Commerce, Science, and Transportation of the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on Transportation and
Infrastructure of the House of Representatives a report
containing the plan required by subsection (a), along with an
estimate of the private and public sector costs to implement
any recommendations.
(2) Format.--The Secretary may submit the report in both
classified and redacted formats if the Secretary determines
that such action is appropriate or necessary.
SEC. 1449. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
(a) In General.--Within 1 year after the date of enactment of this
Act, the Secretary, in consultation with the Secretary of
Transportation, shall establish a program for reviewing pipeline
operator adoption of recommendations in the September 5, 2002,
Department of Transportation Research and Special Programs
Administration Pipeline Security Information Circular, including the
review of pipeline security plans and critical facility inspections.
(b) Review and Inspection.--Within 9 months after the date of
enactment of this Act, the Secretary and the Secretary of
Transportation shall develop and implement a plan for reviewing the
pipeline security plan and an inspection of the critical facilities of
the 100 most critical pipeline operators covered by the September 5,
2002, circular, where such facilities have not been inspected for
security purposes since September 5, 2002, by either the Department of
Homeland Security or the Department of Transportation.
(c) Compliance Review Methodology.--In reviewing pipeline operator
compliance under subsections (a) and (b), risk assessment methodologies
shall be used to prioritize risks and to target inspection and
enforcement actions to the highest risk pipeline assets.
(d) Regulations.--Within 1 year after the date of enactment of this
Act, the Secretary and the Secretary of Transportation shall develop
and transmit to pipeline operators security recommendations for natural
gas and hazardous liquid pipelines and pipeline facilities. If the
Secretary determines that regulations are appropriate, the Secretary
shall consult with the Secretary of Transportation on the extent of
risk and appropriate mitigation measures, and the Secretary or the
Secretary of Transportation, consistent with the memorandum of
understanding annex signed on August 9, 2006, shall promulgate such
regulations and carry out necessary inspection and enforcement actions.
Any regulations should incorporate the guidance provided to pipeline
operators by the September 5, 2002, Department of Transportation
Research and Special Programs Administration's Pipeline Security
Information Circular and contain additional requirements as necessary
based upon the results of the inspections performed under subsection
(b). The regulations shall include the imposition of civil penalties
for non-compliance.
(e) Funding.--There are authorized to be appropriated to the
Secretary to carry out this section--
(1) $2,000,000 for fiscal year 2008; and
(2) $2,000,000 for fiscal year 2009.
SEC. 1450. TECHNICAL CORRECTIONS.
Section 5103a of title 49, United States Code, is amended--
(1) by inserting ``of Homeland Security'' after
``Secretary'' each place it appears in subsections (a)(1),
(d)(1)(b), and (e); and
(2) by redesignating subsection (h) as subsection (i), and
inserting the following after subsection (g):
``(h) Relationship to Transportation Security Cards.--Upon
application, a State shall issue to an individual a license to operate
a motor vehicle transporting in commerce a hazardous material without
the security assessment required by this section, provided the
individual meets all other applicable requirements for such a license,
if the Secretary of Homeland Security has previously determined, under
section 70105 of title 46, United States Code, that the individual does
not pose a security risk.''.
SEC. 1451. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.
Any statutory limitation on the number of employees in the
Transportation Security Administration of the Department of
Transportation, before or after its transfer to the Department of
Homeland Security, does not apply to the extent that any such employees
are responsible for implementing the provisions of this title.
SEC. 1452. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.
(a) In General.--The Secretary of Homeland Security shall conduct a
study of the need for, and feasibility of, establishing a system of
maritime and surface transportation-related user fees that may be
imposed and collected as a dedicated revenue source, on a temporary or
continuing basis, to provide necessary funding for legitimate
improvements to, and maintenance of, maritime and surface
transportation security. In developing the study, the Secretary shall
consult with maritime and surface transportation carriers, shippers,
passengers, facility owners and operators, and other persons as
determined by the Secretary. Not later than 1 year after the date of
the enactment of this Act, the Secretary shall submit a report to the
appropriate congressional committees that contains--
(1) the results of the study;
(2) an assessment of the annual sources of funding
collected through maritime and surface transportation at ports
of entry and a detailed description of the distribution and use
of such funds, including the amount and percentage of such
sources that are dedicated to improve and maintain security;
(3)(A) an assessment of the fees, charges, and standards
imposed on United States ports, port terminal operators,
shippers, carriers, and other persons who use United States
ports of entry compared with the fees and charges imposed on
Canadian and Mexican ports, Canadian and Mexican port terminal
operators, shippers, carriers, and other persons who use
Canadian or Mexican ports of entry; and
(B) an assessment of the impact of such fees, charges, and
standards on the competitiveness of United States ports, port
terminal operators, railroads, motor carriers, pipelines, other
transportation modes, and shippers;
(4) an assessment of private efforts and investments to
secure maritime and surface transportation modes, including
those that are operational and those that are planned; and
(5) the Secretary's recommendations based upon the study,
and an assessment of the consistency of such recommendations
with the international obligations and commitments of the
United States.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' has the meaning given
that term by section 2(1) of the SAFE Port Act (6 U.S.C.
901(1)).
(2) Port of entry.--The term ``port of entry'' means any
port or other facility through which foreign goods are
permitted to enter the customs territory of a country under
official supervision.
(3) Maritime and surface transportation.--The term
``maritime and surface transportation'' includes oceanborne,
rail, and vehicular transportation.
SEC. 1453. DHS INSPECTOR GENERAL REPORT ON HIGHWAY WATCH GRANT PROGRAM.
Within 90 days after the date of enactment of this Act, the
Inspector General of the Department of Homeland Security shall submit a
report to the Senate Committee on Commerce, Science, and Transportation
and Committee on Homeland Security and Governmental Affairs on the
Trucking Security Grant Program for fiscal years 2004 and 2005 that--
(1) addresses the grant announcement, application, receipt,
review, award, monitoring, and closeout processes; and
(2) states the amount obligated or expended under the
program for fiscal years 2004 and 2005 for--
(A) infrastructure protection;
(B) training;
(C) equipment;
(D) educational materials;
(E) program administration;
(E) marketing; and
(F) other functions.
SEC. 1454. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
CONVICTED FELONS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the individual
poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal offenses.--
Except as provided under paragraph (2), an individual
is permanently disqualified from being issued a
biometric transportation security card under subsection
(b) if the individual has been convicted, or found not
guilty by reason of insanity, in a civilian or military
jurisdiction of any of the following felonies:
``(i) Espionage or conspiracy to commit
espionage.
``(ii) Sedition or conspiracy to commit
sedition.
``(iii) Treason or conspiracy to commit
treason.
``(iv) A Federal crime of terrorism (as
defined in section 2332b(g) of title 18), a
comparable State law, or conspiracy to commit
such crime.
``(v) A crime involving a transportation
security incident.
``(vi) Improper transportation of a
hazardous material under section 5124 of title
49, or a comparable State law.
``(vii) Unlawful possession, use, sale,
distribution, manufacture, purchase, receipt,
transfer, shipping, transporting, import,
export, storage of, or dealing in an explosive
or explosive device. In this clause, an
explosive or explosive device includes--
``(I) an explosive (as defined in
sections 232(5) and 844(j) of title
18);
``(II) explosive materials (as
defined in subsections (c) through (f)
of section 841 of title 18); and
``(III) a destructive device (as
defined in 921(a)(4) of title 18 and
section 5845(f) of the Internal Revenue
Code of 1986).
``(viii) Murder.
``(ix) Making any threat, or maliciously
conveying false information knowing the same to
be false, concerning the deliverance,
placement, or detonation of an explosive or
other lethal device in or against a place of
public use, a State or other government
facility, a public transportation system, or an
infrastructure facility.
``(x) A violation of the Racketeer
Influenced and Corrupt Organizations Act (18
U.S.C. 1961 et seq.), or a comparable State
law, if 1 of the predicate acts found by a jury
or admitted by the defendant consists of 1 of
the crimes listed in this subparagraph.
``(xi) Attempt to commit any of the crimes
listed in clauses (i) through (iv).
``(xii) Conspiracy or attempt to commit any
of the crimes described in clauses (v) through
(x).
``(B) Interim disqualifying criminal offenses.--
Except as provided under paragraph (2), an individual
is disqualified from being issued a biometric
transportation security card under subsection (b) if
the individual has been convicted, or found not guilty
by reason of insanity, during the 7-year period ending
on the date on which the individual applies for such
card, or was released from incarceration during the 5-
year period ending on the date on which the individual
applies for such card, of any of the following
felonies:
``(i) Unlawful possession, use, sale,
manufacture, purchase, distribution, receipt,
transfer, shipping, transporting, delivery,
import, export of, or dealing in a firearm or
other weapon. In this clause, a firearm or
other weapon includes--
``(I) firearms (as defined in
section 921(a)(3) of title 18 and
section 5845(a) of the Internal Revenue
Code of 1986); and
``(II) items contained on the
United States Munitions Import List
under section 447.21 of title 27, Code
of Federal Regulations.
``(ii) Extortion.
``(iii) Dishonesty, fraud, or
misrepresentation, including identity fraud and
money laundering if the money laundering is
related to a crime described in this
subparagraph or subparagraph (A). In this
clause, welfare fraud and passing bad checks do
not constitute dishonesty, fraud, or
misrepresentation.
``(iv) Bribery.
``(v) Smuggling.
``(vi) Immigration violations.
``(vii) Distribution of, possession with
intent to distribute, or importation of a
controlled substance.
``(viii) Arson.
``(ix) Kidnapping or hostage taking.
``(x) Rape or aggravated sexual abuse.
``(xi) Assault with intent to kill.
``(xii) Robbery.
``(xiii) Conspiracy or attempt to commit
any of the crimes listed in this subparagraph.
``(xiv) Fraudulent entry into a seaport
under section 1036 of title 18, or a comparable
State law.
``(xv) A violation of the Racketeer
Influenced and Corrupt Organizations Act (18
U.S.C. 1961 et seq.) or a comparable State law,
other than any of the violations listed in
subparagraph (A)(x).
``(C) Under want warrant, or indictment.--An
applicant who is wanted, or under indictment, in any
civilian or military jurisdiction for a felony listed
in this paragraph, is disqualified from being issued a
biometric transportation security card under subsection
(b) until the want or warrant is released or the
indictment is dismissed.
``(D) Determination of arrest status.--
``(i) In general.--If a fingerprint-based
check discloses an arrest for a disqualifying
crime listed in this section without indicating
a disposition, the Transportation Security
Administration shall notify the applicant of
such disclosure and provide the applicant with
instructions on how the applicant can clear the
disposition, in accordance with clause (ii).
``(ii) Burden of proof.--In order to clear
a disposition under this subparagraph, an
applicant shall submit written proof to the
Transportation Security Administration, not
later than 60 days after receiving notification
under clause (i), that the arrest did not
result in conviction for the disqualifying
criminal offense.
``(iii) Notification of disqualification.--
If the Transportation Security Administration
does not receive proof in accordance with the
Transportation Security Administration's
procedures for waiver of criminal offenses and
appeals, the Transportation Security
Administration shall notify--
``(I) the applicant that he or she
is disqualified from being issued a
biometric transportation security card
under subsection (b);
``(II) the State that the applicant
is disqualified, in the case of a
hazardous materials endorsement; and
``(III) the Coast Guard that the
applicant is disqualified, if the
applicant is a mariner.
``(E) Other potential disqualifications.--Except as
provided under subparagraphs (A) through (C), an
individual may not be denied a transportation security
card under subsection (b) unless the Secretary
determines that individual--
``(i) has been convicted within the
preceding 7-year period of a felony or found
not guilty by reason of insanity of a felony--
``(I) that the Secretary believes
could cause the individual to be a
terrorism security risk to the United
States; or
``(II) for causing a severe
transportation security incident;
``(ii) has been released from incarceration
within the preceding 5-year period for
committing a felony described in clause (i);
``(iii) may be denied admission to the
United States or removed from the United States
under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.); or
``(iv) otherwise poses a terrorism security
risk to the United States.
``(F) Modification of listed offenses.--The
Secretary may, by rulemaking, add or modify the
offenses described in paragraph (1)(A) or (B).''.
(b) Conforming Amendment.--Section 70101 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7); and
(2) by inserting after paragraph (1) the following:
``(2) The term `economic disruption' does not include a
work stoppage or other employee-related action not related to
terrorism and resulting from an employer-employee dispute.''.
SEC. 1455. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
CONVICTED FELONS.
(a) In General.--Section 70105 of title 46, United States Code, is
amended--
(1) in subsection (b)(1), by striking ``decides that the
individual poses a security risk under subsection (c)'' and
inserting ``determines under subsection (c) that the individual
poses a security risk''; and
(2) in subsection (c), by amending paragraph (1) to read as
follows:
``(1) Disqualifications.--
``(A) Permanent disqualifying criminal offenses.--
Except as provided under paragraph (2), an individual
is permanently disqualified from being issued a
biometric transportation security card under subsection
(b) if the individual has been convicted, or found not
guilty by reason of insanity, in a civilian or military
jurisdiction of any of the following felonies:
``(i) Espionage or conspiracy to commit
espionage.
``(ii) Sedition or conspiracy to commit
sedition.
``(iii) Treason or conspiracy to commit
treason.
``(iv) A Federal crime of terrorism (as
defined in section 2332b(g) of title 18), a
comparable State law, or conspiracy to commit
such crime.
``(v) A crime involving a transportation
security incident.
``(vi) Improper transportation of a
hazardous material under section 5124 of title
49, or a comparable State law.
``(vii) Unlawful possession, use, sale,
distribution, manufacture, purchase, receipt,
transfer, shipping, transporting, import,
export, storage of, or dealing in an explosive
or explosive device. In this clause, an
explosive or explosive device includes--
``(I) an explosive (as defined in
sections 232(5) and 844(j) of title
18);
``(II) explosive materials (as
defined in subsections (c) through (f)
of section 841 of title 18); and
``(III) a destructive device (as
defined in 921(a)(4) of title 18 and
section 5845(f) of the Internal Revenue
Code of 1986).
``(viii) Murder.
``(ix) Making any threat, or maliciously
conveying false information knowing the same to
be false, concerning the deliverance,
placement, or detonation of an explosive or
other lethal device in or against a place of
public use, a State or other government
facility, a public transportation system, or an
infrastructure facility.
``(x) A violation of the Racketeer
Influenced and Corrupt Organizations Act (18
U.S.C. 1961 et seq.), or a comparable State
law, if 1 of the predicate acts found by a jury
or admitted by the defendant consists of 1 of
the crimes listed in this subparagraph.
``(xi) Attempt to commit any of the crimes
listed in clauses (i) through (iv).
``(xii) Conspiracy or attempt to commit any
of the crimes described in clauses (v) through
(x).
``(B) Interim disqualifying criminal offenses.--
Except as provided under paragraph (2), an individual
is disqualified from being issued a biometric
transportation security card under subsection (b) if
the individual has been convicted, or found not guilty
by reason of insanity, during the 7-year period ending
on the date on which the individual applies for such
card, or was released from incarceration during the 5-
year period ending on the date on which the individual
applies for such card, of any of the following
felonies:
``(i) Unlawful possession, use, sale,
manufacture, purchase, distribution, receipt,
transfer, shipping, transporting, delivery,
import, export of, or dealing in a firearm or
other weapon. In this clause, a firearm or
other weapon includes--
``(I) firearms (as defined in
section 921(a)(3) of title 18 and
section 5845(a) of the Internal Revenue
Code of 1986); and
``(II) items contained on the
United States Munitions Import List
under section 447.21 of title 27, Code
of Federal Regulations.
``(ii) Extortion.
``(iii) Dishonesty, fraud, or
misrepresentation, including identity fraud and
money laundering if the money laundering is
related to a crime described in this
subparagraph or subparagraph (A). In this
clause, welfare fraud and passing bad checks do
not constitute dishonesty, fraud, or
misrepresentation.
``(iv) Bribery.
``(v) Smuggling.
``(vi) Immigration violations.
``(vii) Distribution of, possession with
intent to distribute, or importation of a
controlled substance.
``(viii) Arson.
``(ix) Kidnapping or hostage taking.
``(x) Rape or aggravated sexual abuse.
``(xi) Assault with intent to kill.
``(xii) Robbery.
``(xiii) Conspiracy or attempt to commit
any of the crimes listed in this subparagraph.
``(xiv) Fraudulent entry into a seaport
under section 1036 of title 18, or a comparable
State law.
``(xv) A violation of the Racketeer
Influenced and Corrupt Organizations Act (18
U.S.C. 1961 et seq.) or a comparable State law,
other than any of the violations listed in
subparagraph (A)(x).
``(C) Under want warrant, or indictment.--An
applicant who is wanted, or under indictment, in any
civilian or military jurisdiction for a felony listed
in this paragraph, is disqualified from being issued a
biometric transportation security card under subsection
(b) until the want or warrant is released or the
indictment is dismissed.
``(D) Determination of arrest status.--
``(i) In general.--If a fingerprint-based
check discloses an arrest for a disqualifying
crime listed in this section without indicating
a disposition, the Transportation Security
Administration shall notify the applicant of
such disclosure and provide the applicant with
instructions on how the applicant can clear the
disposition, in accordance with clause (ii).
``(ii) Burden of proof.--In order to clear
a disposition under this subparagraph, an
applicant shall submit written proof to the
Transportation Security Administration, not
later than 60 days after receiving notification
under clause (i), that the arrest did not
result in conviction for the disqualifying
criminal offense.
``(iii) Notification of disqualification.--
If the Transportation Security Administration
does not receive proof in accordance with the
Transportation Security Administration's
procedures for waiver of criminal offenses and
appeals, the Transportation Security
Administration shall notify--
``(I) the applicant that he or she
is disqualified from being issued a
biometric transportation security card
under subsection (b);
``(II) the State that the applicant
is disqualified, in the case of a
hazardous materials endorsement; and
``(III) the Coast Guard that the
applicant is disqualified, if the
applicant is a mariner.
``(E) Other potential disqualifications.--Except as
provided under subparagraphs (A) through (C), an
individual may not be denied a transportation security
card under subsection (b) unless the Secretary
determines that individual--
``(i) has been convicted within the
preceding 7-year period of a felony or found
not guilty by reason of insanity of a felony--
``(I) that the Secretary believes
could cause the individual to be a
terrorism security risk to the United
States; or
``(II) for causing a severe
transportation security incident;
``(ii) has been released from incarceration
within the preceding 5-year period for
committing a felony described in clause (i);
``(iii) may be denied admission to the
United States or removed from the United States
under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.); or
``(iv) otherwise poses a terrorism security
risk to the United States.
``(F) Modification of listed offenses.--The
Secretary may, by rulemaking, add to the offenses
described in paragraph (1)(A) or (B).''.
(b) Conforming Amendment.--Section 70101 of title 49, United States
Code, is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7); and
(2) by inserting after paragraph (1) the following:
``(2) The term `economic disruption' does not include a
work stoppage or other employee-related action not related to
terrorism and resulting from an employer-employee dispute.''.
Subtitle B--Aviation Security Improvement
SEC. 1461. EXTENSION OF AUTHORIZATION FOR AVIATION SECURITY FUNDING.
Section 48301(a) of title 49, United States Code, is amended by
striking ``and 2006'' and inserting ``2006, 2007, 2008, and 2009''.
SEC. 1462. PASSENGER AIRCRAFT CARGO SCREENING.
(a) In General.--Section 44901 of title 49, United States Code, is
amended--
(1) by redesignating subsections (g) and (h) as subsections
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Air Cargo on Passenger Aircraft.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Transportation Security and Interoperable
Communication Capabilities Act, the Secretary of Homeland
Security, acting through the Administrator of the
Transportation Security Administration, shall establish a
system to screen all cargo transported on passenger aircraft
operated by an air carrier or foreign air carrier in air
transportation or intrastate air transportation to ensure the
security of all such passenger aircraft carrying cargo.
``(2) Minimum standards.--The system referred to in
paragraph (1) shall require, at a minimum, that the equipment,
technology, procedures, personnel, or other methods determined
by the Administrator of the Transportation Security
Administration, provide a level of security comparable to the
level of security in effect for passenger checked baggage.
``(3) Regulations.--
``(A) Interim final rule.--The Secretary of
Homeland Security may issue an interim final rule as a
temporary regulation to implement this subsection
without regard to the provisions of chapter 5 of title
5.
``(B) Final rule.--
``(i) In general.--If the Secretary issues
an interim final rule under subparagraph (A),
the Secretary shall issue, not later than 1
year after the effective date of the interim
final rule, a final rule as a permanent
regulation to implement this subsection in
accordance with the provisions of chapter 5 of
title 5.
``(ii) Failure to act.--If the Secretary
does not issue a final rule in accordance with
clause (i) on or before the last day of the 1-
year period referred to in clause (i), the
Secretary shall submit a report to the Congress
explaining why the final rule was not timely
issued and providing an estimate of the
earliest date on which the final rule will be
issued. The Secretary shall submit the first
such report within 10 days after such last day
and submit a report to the Congress containing
updated information every 60 days thereafter
until the final rule is issued.
``(iii) Superseding of interim final
rule.--The final rule issued in accordance with
this subparagraph shall supersede the interim
final rule issued under subparagraph (A).
``(4) Report.--Not later than 1 year after the date on
which the system required by paragraph (1) is established, the
Secretary shall transmit a report to Congress that details and
explains the system.''.
(b) Assessment of Exemptions.--
(1) TSA assessment of exemptions.--
(A) In general.--Not later than 180 days after the
date of enactment of this Act, the Secretary of
Homeland Security, through the Administrator of the
Transportation Security Administration, shall submit a
report to Congress and to the Comptroller General
containing an assessment of each exemption granted
under section 44901(i) of title 49, United States Code,
for the screening required by section 44901(g)(1) of
that title for cargo transported on passenger aircraft
and an analysis to assess the risk of maintaining such
exemption. The Secretary may submit the report in both
classified and redacted formats if the Secretary
determines that such action is appropriate or
necessary.
(B) Contents.--The report shall include--
(i) the rationale for each exemption;
(ii) a statement of the percentage of cargo
that is not screened as a result of each
exemption;
(iii) the impact of each exemption on
aviation security;
(iv) the projected impact on the flow of
commerce of eliminating such exemption; and
(v) a statement of any plans, and the
rationale, for maintaining, changing, or
eliminating each exemption.
(2) GAO assessment.--Not later than 120 days after the date
on which the report required under paragraph (1) is submitted,
the Comptroller General shall review the report and provide to
Congress an assessment of the methodology used for
determinations made by the Secretary for maintaining, changing,
or eliminating an exemption.
SEC. 1463. BLAST-RESISTANT CARGO CONTAINERS.
Section 44901 of title 49, United States Code, as amended by
section 1462, is amended by adding at the end the following:
``(j) Blast-Resistant Cargo Containers.--
``(1) In general.--Before January 1, 2008, the
Administrator of the Transportation Security Administration
shall--
``(A) evaluate the results of the blast-resistant
cargo container pilot program instituted before the
date of enactment of the Transportation Security and
Interoperable Communication Capabilities Act;
``(B) based on that evaluation, begin the
acquisition of a sufficient number of blast-resistant
cargo containers to meet the requirements of the
Transportation Security Administration's cargo security
program under subsection (g); and
``(C) develop a system under which the
Administrator--
``(i) will make such containers available
for use by passenger aircraft operated by air
carriers or foreign air carriers in air
transportation or intrastate air transportation
on a random or risk-assessment basis as
determined by the Administrator, in sufficient
number to enable the carriers to meet the
requirements of the Administration's cargo
security system; and
``(ii) provide for the storage,
maintenance, and distribution of such
containers.
``(2) Distribution to air carriers.--Within 90 days after
the date on which the Administrator completes development of
the system required by paragraph (1)(C), the Administrator of
the Transportation Security Administration shall implement that
system and begin making blast-resistant cargo containers
available to such carriers as necessary.''.
SEC. 1464. PROTECTION OF AIR CARGO ON PASSENGER PLANES FROM EXPLOSIVES.
(a) Technology Research and Pilot Projects.--
(1) Research and development.--The Secretary of Homeland
Security shall expedite research and development for technology
that can disrupt or prevent an explosive device from being
introduced onto a passenger plane or from damaging a passenger
plane while in flight or on the ground. The research shall
include blast resistant cargo containers and other promising
technology and will be used in concert with implementation of
section 44901(j) of title 49, United States Code, as amended by
section 1463 of this title.
(2) Pilot projects.--The Secretary, in conjunction with the
Secretary of Transportation, shall establish a grant program to
fund pilot projects--
(A) to deploy technologies described in paragraph
(1); and
(B) to test technology to expedite the recovery,
development, and analysis of information from aircraft
accidents to determine the cause of the accident,
including deployable flight deck and voice recorders
and remote location recording devices.
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of Homeland Security for fiscal year 2008
such sums as may be necessary to carry out this section, such funds to
remain available until expended.
SEC. 1465. IN-LINE BAGGAGE SCREENING.
(a) Extension of Authorization.--Section 44923(i)(1) of title 49,
United States Code, is amended by striking ``2007.'' and inserting
``2007, and $450,000,000 for each of fiscal years 2008 and 2009.''.
(b) Report.--Within 30 days after the date of enactment of this
Act, the Secretary of Homeland Security shall submit the report the
Secretary was required by section 4019(d) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (49 U.S.C. 44901 note) to have
submitted in conjunction with the submission of the budget for fiscal
year 2006.
SEC. 1466. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.
(a) In General.--Section 44923 of title 49, United States Code, is
amended--
(1) by striking ``may'' in subsection (a) and inserting
``shall'';
(2) by striking ``may'' in subsection (d)(1) and inserting
``shall'';
(3) by striking ``2007'' in subsection (h)(1) and inserting
``2028'';
(4) by striking paragraphs (2) and (3) of subsection (h)
and inserting the following:
``(2) Allocation.--Of the amount made available under
paragraph (1) for a fiscal year, not less than $200,000,000
shall be allocated to fulfill letters of intent issued under
subsection (d).
``(3) Discretionary grants.--Of the amount made available
under paragraph (1) for a fiscal year, up to $50,000,000 shall
be used to make discretionary grants, with priority given to
small hub airports and non-hub airports.''; and
(5) by redesignating subsection (i) as subsection (j), and
inserting after subsection (h) the following:
``(i) Leveraged Funding.--For purposes of this section, a grant
under subsection (a) to an airport sponsor to service an obligation
issued by or on behalf of that sponsor to fund a project described in
subsection (a) shall be considered to be a grant for that project.''.
(b) Prioritization of Projects.--
(1) In general.--The Administrator shall create a
prioritization schedule for airport security improvement
projects described in section 44923(b) of title 49, United
States Code, based on risk and other relevant factors, to be
funded under the grant program provided by that section. The
schedule shall include both hub airports (as defined in section
41731(a)(3) of title 49, United States Code) and nonhub
airports (as defined in section 41731(a)4) of title 49, United
States Code).
(2) Airports that have commenced projects.--The schedule
shall include airports that have incurred eligible costs
associated with development of partial in-line baggage systems
before the date of enactment of this Act in reasonable
anticipation of receiving a grant under section 44923 of title
49, United States Code, in reimbursement of those costs but
that have not received such a grant.
(3) Report.--Within 180 days after the date of enactment of
this Act, the Administrator shall provide a copy of the
prioritization schedule, a corresponding timeline, and a
description of the funding allocation under section 44923 of
title 49, United States Code, to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Homeland Security.
SEC. 1467. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY
TECHNOLOGY.
Section 137(a) of the Aviation and Transportation Security Act (49
U.S.C. 44912 note) is amended--
(1) by striking ``2002 through 2006,'' and inserting ``2006
through 2009,'';
(2) by striking ``aviation'' and inserting
``transportation''; and
(3) by striking ``2002 and 2003'' and inserting ``2006
through 2009''.
SEC. 1468. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
(a) In General.--Notwithstanding any provision of law to the
contrary, any statutory limitation on the number of employees in the
Transportation Security Administration, before or after its transfer to
the Department of Homeland Security from the Department of
Transportation, does not apply after fiscal year 2007.
(b) Aviation Security.--Notwithstanding any provision of law
imposing a limitation on the recruiting or hiring of personnel into the
Transportation Security Administration to a maximum number of permanent
positions, the Secretary of Homeland Security shall recruit and hire
such personnel into the Administration as may be necessary--
(1) to provide appropriate levels of aviation security; and
(2) to accomplish that goal in such a manner that the
average aviation security-related delay experienced by airline
passengers is reduced to a level of less than 10 minutes.
SEC. 1469. SPECIALIZED TRAINING.
The Administrator of the Transportation Security Administration
shall provide advanced training to transportation security officers for
the development of specialized security skills, including behavior
observation and analysis, explosives detection, and document
examination, in order to enhance the effectiveness of layered
transportation security measures.
SEC. 1470. EXPLOSIVE DETECTION AT PASSENGER SCREENING CHECKPOINTS.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Secretary of Homeland Security shall issue the strategic plan
the Secretary was required by section 44925(a) of title 49, United
States Code, to have issued within 90 days after the date of enactment
of the Intelligence Reform and Terrorism Prevention Act of 2004.
(b) Deployment.--Section 44925(b) of title 49, United States Code,
is amended by adding at the end the following:
``(3) Full deployment.--The Secretary shall begin full
implementation of the strategic plan within 1 year after the
date of enactment of the Transportation Security and
Interoperable Communication Capabilities Act.''.
SEC. 1471. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR
PROHIBITED FROM BOARDING A FLIGHT.
(a) In General.--Subtitle C of title IV of the Homeland Security
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the
following:
``SEC. 432. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED
OR PROHIBITED FROM BOARDING A FLIGHT.
``(a) In General.--The Secretary shall establish a timely and fair
process for individuals who believe they have been delayed or
prohibited from boarding a commercial aircraft because they were
wrongly identified as a threat under the regimes utilized by the
Transportation Security Administration, the Bureau of Customs and
Border Protection, or any other Department entity.
``(b) Office of Appeals and Redress.--
``(1) Establishment.--The Secretary shall establish an
Office of Appeals and Redress to implement, coordinate, and
execute the process established by the Secretary pursuant to
subsection (a). The Office shall include representatives from
the Transportation Security Administration, U.S. Customs and
Border Protection, and other agencies or offices as
appropriate.
``(2) Records.--The process established by the Secretary
pursuant to subsection (a) shall include the establishment of a
method by which the Office of Appeals and Redress, under the
direction of the Secretary, will be able to maintain a record
of air carrier passengers and other individuals who have been
misidentified and have corrected erroneous information.
``(3) Information.--To prevent repeated delays of an
misidentified passenger or other individual, the Office of
Appeals and Redress shall--
``(A) ensure that the records maintained under this
subsection contain information determined by the
Secretary to authenticate the identity of such a
passenger or individual;
``(B) furnish to the Transportation Security
Administration, the Bureau of Customs and Border
Protection, or any other appropriate Department entity,
upon request, such information as may be necessary to
allow such agencies to assist air carriers in improving
their administration of the advanced passenger
prescreening system and reduce the number of false
positives; and
``(C) require air carriers and foreign air carriers
take action to properly and automatically identify
passengers determined, under the process established
under subsection (a), to have been wrongly
identified.''.
(b) Clerical Amendment.--The table of contents in section 1(b) of
the Homeland Security Act of 2002 is amended by inserting after the
item relating to section 431 the following:
``Sec. 432. Appeal and redress process for passengers wrongly delayed
or prohibited from boarding a flight''.
SEC. 1472. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER
PRESCREENING SYSTEM.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Administrator of the Transportation Security
Administration, shall submit to the Congress a plan that--
(1) describes the system to be utilized by the Department
of Homeland Security to assume the performance of comparing
passenger information, as defined by the Administrator of the
Transportation Security Administration, to the automatic
selectee and no-fly lists, as well as the consolidated and
integrated terrorist watchlist maintained by the Federal
Government;
(2) provides a projected timeline for each phase of testing
and implementation of the system;
(3) explains how the system will be integrated with the
prescreening system for passengers on international flights;
and
(4) describes how the system complies with section 552a of
title 5, United States Code.
(b) GAO Assessment.--No later than 90 days after the date of
enactment of this Act, the Comptroller General shall submit a report to
the Senate Committee on Commerce, Science, and Transportation and the
House Committee on Homeland Security that--
(1) describes the progress made by the Transportation
Security Administration in implementing the Secure Flight
passenger pre-screening program;
(2) describes the effectiveness of the current appeals
process for passengers wrongly assigned to the no-fly and
terrorist watch lists;
(3) describes the Transportation Security Administration's
plan to protect private passenger information and progress made
in integrating the system with the pre-screening program for
international flights operated by the Bureau of Customs and
Border Protection;
(4) provides a realistic determination of when the system
will be completed; and
(5) includes any other relevant observations or
recommendations the Comptroller General deems appropriate.
SEC. 1473. REPAIR STATION SECURITY.
(a) Certification of Foreign Repair Stations Suspension.--If the
regulations required by section 44924(f) of title 49, United States
Code, are not issued within 90 days after the date of enactment of this
Act, the Administrator of the Federal Aviation Administration may not
certify any foreign repair station under part 145 of title 14, Code of
Federal Regulations, after such 90th day unless the station was
previously certified by the Administration under that part.
(b) 6-Month Deadline for Security Review and Audit.--Subsections
(a) and (d) of section 44924 of title 49, United States Code, are each
amended by striking ``18 months'' and inserting ``6 months''.
SEC. 1474. GENERAL AVIATION SECURITY.
Section 44901 of title 49, United States Code, as amended by
section 1463, is amended by adding at the end the following:
``(k) General Aviation Airport Security Program.--
``(1) In general.--Within 1 year after the date of
enactment of the Transportation Security and Interoperable
Communication Capabilities Act, the Administrator of the
Transportation Security Administration shall--
``(A) develop a standardized threat and
vulnerability assessment program for general aviation
airports (as defined in section 47134(m)); and
``(B) implement a program to perform such
assessments on a risk-assessment basis at general
aviation airports.
``(2) Grant program.--Within 6 months after date of
enactment of the Transportation Security and Interoperable
Communication Capabilities Act, the Administrator shall
initiate and complete a study of the feasibility of a program,
based on a risk-managed approach, to provide grants to general
aviation airport operators for projects to upgrade security at
general aviation airports (as defined in section 47134(m)). If
the Administrator determines that such a program is feasible,
the Administrator shall establish such a program.
``(3) Application to foreign-registered general aviation
aircraft.--Within 180 days after the date of enactment of the
Transportation Security and Interoperable Communication
Capabilities Act, the Administrator shall develop a risk-based
system under which--
``(A) foreign-registered general aviation aircraft,
as identified by the Administrator, in coordination
with the Administrator of the Federal Aviation
Administration, are required to submit passenger
information at the same time as, and in conjunction
with, advance notification requirements for Customs and
Border Protection before entering United States
airspace; and
``(B) such information is checked against
appropriate databases maintained by the Transportation
Security Administration.
``(4) Authorization of appropriations.--There are
authorized to be appropriated to the Secretary of Homeland
Security such sums as may be necessary to carry out any program
established under paragraph (2).''.
SEC. 1475. SECURITY CREDENTIALS FOR AIRLINE CREWS.
Within 180 days after the date of enactment of this Act, the
Administrator of the Transportation Security Administration shall,
after consultation with airline, airport, and flight crew
representatives, transmit a report to the Senate Committee on Commerce,
Science, and Transportation and the House of Representatives Committee
on Transportation and Infrastructure on the status of its efforts to
institute a sterile area access system or method that will enhance
security by properly identifying authorized airline flight deck and
cabin crew members at screening checkpoints and granting them expedited
access through screening checkpoints. The Administrator shall include
in the report recommendations on the feasibility of implementing the
system for the domestic aviation industry beginning 1 year after the
date on which the report is submitted. The Administrator shall begin
full implementation of the system or method not later than 1 year after
the date on which the Administrator transmits the report.
SEC. 1476. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING CENTER.
(a) In General.--
(1) Increased training capacity.--Within 180 days after the
date of enactment of this Act, the Secretary of Homeland
Security shall begin to increase the capacity of the Department
of Homeland Security's National Explosives Detection Canine
Team Program at Lackland Air Force Base to accommodate the
training of up to 200 canine teams annually by the end of
calendar year 2008.
(2) Expansion detailed requirements.--The expansion shall
include upgrading existing facilities, procurement of
additional canines, and increasing staffing and oversight
commensurate with the increased training and deployment
capabilities required by paragraph (1).
(3) Ultimate expansion.--The Secretary shall continue to
increase the training capacity and all other necessary program
expansions so that by December 31, 2009, the number of canine
teams sufficient to meet the Secretary's homeland security
mission, as determined by the Secretary on an annual basis, may
be trained at this facility.
(b) Alternative training centers.--Based on feasibility and to meet
the ongoing demand for quality explosives detection canines teams, the
Secretary shall explore the options of creating the following:
(1) A standardized Transportation Security Administration
approved canine program that private sector entities could use
to provide training for additional explosives detection canine
teams. For any such program, the Secretary--
(A) may coordinate with key stakeholders, including
international, Federal, State, local, private sector
and academic entities, to develop best practice
guidelines for such a standardized program;
(B) shall require specific training criteria to
which private sector entities must adhere as a
condition of participating in the program; and
(C) shall review the status of these private sector
programs on at least an annual basis.
(2) Expansion of explosives detection canine team training
to at least 2 additional national training centers, to be
modeled after the Center of Excellence established at Lackland
Air Force Base.
(c) Deployment.--The Secretary--
(1) shall use the additional explosives detection canine
teams as part of the Department's layers of enhanced mobile
security across the Nation's transportation network and to
support other homeland security programs, as deemed appropriate
by the Secretary; and
(2) may make available explosives detection canine teams to
all modes of transportation, for areas of high risk or to
address specific threats, on an as-needed basis and as
otherwise deemed appropriate by the Secretary.
SEC. 1477. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.
(a) In General.--Paragraph (6) of section 44903(h) of title 49,
United States Code, is amended to read as follows:
``(6) Use of biometric technology for armed law enforcement
travel.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Improving America's Security
Act of 2007, the Secretary of Homeland Security shall--
``(i) consult with the Attorney General
concerning implementation of this paragraph;
``(ii) issue any necessary rulemaking to
implement this paragraph; and
``(iii) establishing a national registered
armed law enforcement program for law
enforcement officers needing to be armed when
traveling by air.
``(B) Program requirements.--The program shall--
``(i) establish a credential or a system
that incorporates biometric technology and
other applicable technologies;
``(ii) provide a flexible solution for law
enforcement officers who need to be armed when
traveling by air on a regular basis and for
those who need to be armed during temporary
travel assignments;
``(iii) be coordinated with other uniform
credentialing initiatives including the
Homeland Security Presidential Directive 12;
``(iv) be applicable for all Federal,
State, local, tribal and territorial government
law enforcement agencies; and
``(v) establish a process by which the
travel credential or system may be used to
verify the identity, using biometric
technology, of a Federal, State, local, tribal,
or territorial law enforcement officer seeking
to carry a weapon on board an aircraft, without
unnecessarily disclosing to the public that the
individual is a law enforcement officer.
``(C) Procedures.--In establishing the program, the
Secretary shall develop procedures--
``(i) to ensure that only Federal, State,
local, tribal, and territorial government law
enforcement officers with a specific need to be
armed when traveling by air are issued a law
enforcement travel credential;
``(ii) to preserve the anonymity of the
armed law enforcement officer without calling
undue attention to the individual's identity;
``(iii) to resolve failures to enroll,
false matches, and false non-matches relating
to use of the law enforcement travel credential
or system; and
``(iv) to invalidate any law enforcement
travel credential or system that is lost,
stolen, or no longer authorized for use.''.
(b) Report.--Within 180 days after implementing the national
registered armed law enforcement program required by section
44903(h)(6) of title 49, United States Code, the Secretary of Homeland
Security shall transmit a report to the Senate Committee on Commerce,
Science, and Transportation. If the Secretary has not implemented the
program within 180 days after the date of enactment of this Act, the
Secretary shall issue a report to the Committee within 180 days
explaining the reasons for the failure to implement the program within
the time required by that section, and a further report within each
successive 180-day period until the program is implemented explaining
the reasons for such further delays in implementation until the program
is implemented. The Secretary shall submit each report required by this
subsection in classified format.
SEC. 1478. EMPLOYEE RETENTION INTERNSHIP PROGRAM.
The Assistant Secretary of Homeland Security (Transportation
Security Administration), shall establish a pilot program at a small
hub airport, a medium hub airport, and a large hub airport (as those
terms are defined in paragraphs (42), (31), and (29), respectively, of
section 40102 of title 49, United States Code) for training students to
perform screening of passengers and property under section 44901 of
title 49, United States Code. The program shall be an internship for
pre-employment training of final-year students from public and private
secondary schools located in nearby communities. Under the program,
participants shall perform only those security responsibilities
determined to be appropriate for their age and in accordance with
applicable law and shall be compensated for training and services time
while participating in the program.
SEC. 1479. PILOT PROJECT TO REDUCE THE NUMBER OF TRANSPORTATION
SECURITY OFFICERS AT AIRPORT EXIT LANES.
(a) In General.--The Administrator of the Transportation Security
Administration (referred to in this section as the ``Administrator'')
shall conduct a pilot program to identify technological solutions for
reducing the number of Transportation Security Administration employees
at airport exit lanes.
(b) Program Components.--In conducting the pilot program under this
section, the Administrator shall--
(1) utilize different technologies that protect the
integrity of the airport exit lanes from unauthorized entry;
and
(2) work with airport officials to deploy such technologies
in multiple configurations at a selected airport or airports at
which some of the exits are not co-located with a screening
checkpoint.
(c) Reports.--
(1) Initial briefing.--Not later than 180 days after the
enactment of this Act, the Administrator shall conduct a
briefing to the congressional committees set forth in paragraph
(3) that describes--
(A) the airports selected to participate in the
pilot program;
(B) the potential savings from implementing the
technologies at selected airport exits;
(C) the types of configurations expected to be
deployed at such airports; and
(D) the expected financial contribution from each
airport.
(2) Final report.--Not later than 1 year after the
technologies are deployed at the airports participating in the
pilot program, the Administrator shall submit a final report to
the congressional committees described in paragraph (3) that
describes--
(A) the security measures deployed;
(B) the projected cost savings; and
(C) the efficacy of the program and its
applicability to other airports in the United States.
(3) Congressional committees.--The reports required under
this subsection shall be submitted to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Homeland Security of the House
of Representatives; and
(E) the Committee on Appropriations of the House of
Representatives.
(d) Use of Existing Funds.--Provisions contained within this
section will be executed using existing funds.
Subtitle C--Interoperable Emergency Communications
SEC. 1481. INTEROPERABLE EMERGENCY COMMUNICATIONS.
(a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309
note) is amended--
(1) by striking paragraphs (1) and (2) of subsection (a)
and inserting the following:
``(1) may take such administrative action as is necessary
to establish and implement a grant program to assist public
safety agencies--
``(A) in conducting statewide or regional planning
and coordination to improve the interoperability of
emergency communications;
``(B) in supporting the design and engineering of
interoperable emergency communications systems;
``(C) in supporting the acquisition or deployment
of interoperable communications equipment, software, or
systems that improve or advance the interoperability
with public safety communications systems;
``(D) in obtaining technical assistance and
conducting training exercises related to the use of
interoperable emergency communications equipment and
systems; and
``(E) in establishing and implementing a strategic
technology reserve to pre-position or secure
interoperable communications in advance for immediate
deployment in an emergency or major disaster (as
defined in section 102(2) of Public Law 93-288 (42
U.S.C. 5122)); and
``(2) shall make payments of not to exceed $1,000,000,000,
in the aggregate, through fiscal year 2010 from the Digital
Television Transition and Public Safety Fund established under
section 309(j)(8)(E) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)(E)) to carry out the grant program established
under paragraph (1), of which not more than $100,000,000, in
the aggregate, may be allocated for grants under paragraph
(1)(E).'';
(2) by redesignating subsections (b), (c), and (d) as
subsections (l), (m), and (n), respectively, and inserting
after subsection (a) the following:
``(b) Expedited Implementation.--Pursuant to section 4 of the Call
Home Act of 2006, no less than $1,000,000,000 shall be awarded for
grants under subsection (a) no later than September 30, 2007, subject
to the receipt of qualified applications as determined by the Assistant
Secretary.
``(c) Allocation of Funds.--In awarding grants under subparagraphs
(A) through (D) of subsection (a)(1), the Assistant Secretary shall
ensure that grant awards--
``(1) result in distributions to public safety entities
among the several States that are consistent with section
1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)); and
``(2) are prioritized based upon threat and risk factors
that reflect an all-hazards approach to communications
preparedness and that takes into account the risks associated
with, and the likelihood of the occurrence of, terrorist
attacks or natural catastrophes (including, but not limited to,
hurricanes, tornados, storms, high water, winddriven water,
tidal waves, tsunami, earthquakes, volcanic eruptions,
landslides, mudslides, snow and ice storms, forest fires, or
droughts) in a State.
``(d) Eligibility.--To be eligible for assistance under the grant
program established under subsection (a), an applicant shall submit an
application, at such time, in such form, and containing such
information as the Assistant Secretary may require, including--
``(1) a detailed explanation of how assistance received
under the program would be used to improve regional, State, or
local communications interoperability and ensure
interoperability with other appropriate public safety agencies
in an emergency or a major disaster; and
``(2) assurance that the equipment and system would--
``(A) be compatible with the communications
architecture developed under section 7303(a)(1)(E) of
the Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 194(a)(1)(E));
``(B) meet any voluntary consensus standards
developed under section 7303(a)(1)(D) of that Act (6
U.S.C. 194(a)(1)(D)) to the extent that such standards
exist for a given category of equipment; and
``(C) be consistent with the common grant guidance
established under section 7303(a)(1)(H) of that Act (6
U.S.C. 194(a)(1)(H)).
``(e) Criteria for Certain Grants.--In awarding grants under
subparagraphs (A) through (D) of subsection (a)(1), the Assistant
Secretary shall ensure that all grants funded are consistent with
Federal grant guidance established by the SAFECOM Program within the
Department of Homeland Security.
``(f) Criteria for Strategic Technology Reserve Grants.--
``(1) In general.--In awarding grants under subsection
(a)(1)(E), the Assistant Secretary shall consider the
continuing technological evolution of communications
technologies and devices, with its implicit risk of
obsolescence, and shall ensure, to the maximum extent feasible,
that a substantial part of the reserve involves prenegotiated
contracts and other arrangements for rapid deployment of
equipment, supplies, and systems (and communications service
related to such equipment, supplies, and systems), rather than
the warehousing or storage of equipment and supplies currently
available at the time the reserve is established.
``(2) Requirements and characteristics.--A reserve
established under paragraph (1) shall--
``(A) be capable of re-establishing communications
when existing infrastructure is damaged or destroyed in
an emergency or a major disaster;
``(B) include appropriate current, widely-used
equipment, such as Land Mobile Radio Systems, cellular
telephones and satellite-enabled equipment (and related
communications service), Cells-On-Wheels, Cells-On-
Light-Trucks, or other self-contained mobile cell sites
that can be towed, backup batteries, generators, fuel,
and computers;
``(C) include equipment on hand for the Governor of
each State, key emergency response officials, and
appropriate State or local personnel;
``(D) include contracts (including prenegotiated
contracts) for rapid delivery of the most current
technology available from commercial sources; and
``(E) include arrangements for training to ensure
that personnel are familiar with the operation of the
equipment and devices to be delivered pursuant to such
contracts.
``(3) Additional characteristics.--Portions of the reserve
may be virtual and may include items donated on an in-kind
contribution basis.
``(4) Consultation.--In developing the reserve, the
Assistant Secretary shall seek advice from the Secretary of
Defense and the Secretary of Homeland Security, as well as
national public safety organizations, emergency managers,
State, local, and tribal governments, and commercial providers
of such systems and equipment.
``(5) Allocation and use of funds.--The Assistant Secretary
shall allocate--
``(A) a portion of the reserve's funds for block
grants to States to enable each State to establish a
strategic technology reserve within its borders in a
secure location to allow immediate deployment; and
``(B) a portion of the reserve's funds for regional
Federal strategic technology reserves to facilitate any
Federal response when necessary, to be held in each of
the Federal Emergency Management Agency's regional
offices, including Boston, Massachusetts (Region 1),
New York, New York (Region 2), Philadelphia,
Pennsylvania (Region 3), Atlanta, Georgia (Region 4),
Chicago, Illinois (Region 5), Denton, Texas (Region 6),
Kansas City, Missouri (Region 7), Denver, Colorado
(Region 8), Oakland, California (Region 9), Bothell,
Washington (Region 10), and each of the noncontiguous
States for immediate deployment.
``(g) Voluntary Consensus Standards.--In carrying out this section,
the Assistant Secretary, in cooperation with the Secretary of Homeland
Security shall identify and, if necessary, encourage the development
and implementation of, voluntary consensus standards for interoperable
communications systems to the greatest extent practicable, but shall
not require any such standard.
``(h) Use of Economy Act.--In implementing the grant program
established under subsection (a)(1), the Assistant Secretary may seek
assistance from other Federal agencies in accordance with section 1535
of title 31, United States Code.
``(i) Inspector General Report.--Beginning with the first fiscal
year beginning after the date of enactment of the Transportation
Security and Interoperable Communication Capabilities Act, the
Inspector General of the Department of Commerce shall conduct an annual
assessment of the management of the grant program implemented under
subsection (a)(1) and transmit a report containing the findings of that
assessment and any recommendations related thereto to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce.
``(j) Deadline for Implementation Program Rules.--Within 90 days
after the date of enactment of the Transportation Security and
Interoperable Communication Capabilities Act, the Assistant Secretary,
in consultation with the Secretary of Homeland Security and the Federal
Communications Commission, shall promulgate final program rules for the
implementation of this section.
``(k) Rule of Construction.--Nothing in this section shall be
construed or interpreted to preclude the use of funds under this
section by any public safety agency for interim or long-term Internet
Protocol-based interoperable solutions, notwithstanding compliance with
the Project 25 standard.''; and
(3) by striking paragraph (3) of subsection (n), as so
redesignated.
(b) FCC Report on Emergency Communications Back-up System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Federal Communications Commission,
in coordination with the Assistant Secretary of Commerce for
Communications and Information and the Secretary of Homeland
Security, shall evaluate the technical feasibility of creating
a back-up emergency communications system that complements
existing communications resources and takes into account next
generation and advanced telecommunications technologies. The
overriding objective for the evaluation shall be providing a
framework for the development of a resilient interoperable
communications system for emergency responders in an emergency.
The Commission shall evaluate all reasonable options, including
satellites, wireless, and terrestrial-based communications
systems and other alternative transport mechanisms that can be
used in tandem with existing technologies.
(2) Factors to be evaluated.--The evaluation under
paragraph (1) shall include--
(A) a survey of all Federal agencies that use
terrestrial or satellite technology for communications
security and an evaluation of the feasibility of using
existing systems for the purpose of creating such an
emergency back-up public safety communications system;
(B) the feasibility of using private satellite,
wireless, or terrestrial networks for emergency
communications;
(C) the technical options, cost, and deployment
methods of software, equipment, handsets or desktop
communications devices for public safety entities in
major urban areas, and nationwide; and
(D) the feasibility and cost of necessary changes
to the network operations center of terrestrial-based
or satellite systems to enable the centers to serve as
emergency back-up communications systems.
(3) Report.--Upon the completion of the evaluation under
subsection (a), the Commission shall submit a report to
Congress that details the findings of the evaluation, including
a full inventory of existing public and private resources most
efficiently capable of providing emergency communications.
(c) Joint Advisory Committee on Communications Capabilities of
Emergency Medical Care Facilities.--
(1) Establishment.--The Assistant Secretary of Commerce for
Communications and Information and the Chairman of Federal
Communications Commission, in consultation with the Secretary
of Homeland Security and the Secretary of Health and Human
Services, shall establish a joint advisory committee to examine
the communications capabilities and needs of emergency medical
care facilities. The joint advisory committee shall be composed
of individuals with expertise in communications technologies
and emergency medical care, including representatives of
Federal, State and local governments, industry and non-profit
health organizations, and academia and educational
institutions.
(2) Duties.--The joint advisory committee shall--
(A) assess specific communications capabilities and
needs of emergency medical care facilities, including
the including improvement of basic voice, data, and
broadband capabilities;
(B) assess options to accommodate growth of basic
and emerging communications services used by emergency
medical care facilities;
(C) assess options to improve integration of
communications systems used by emergency medical care
facilities with existing or future emergency
communications networks; and
(D) report its findings to the Senate Committee on
Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce,
within 6 months after the date of enactment of this
Act.
(d) Authorization of Emergency Medical Communications Pilot
Projects.--
(1) In general.--The Assistant Secretary of Commerce for
Communications and Information may establish not more than 10
geographically dispersed project grants to emergency medical
care facilities to improve the capabilities of emergency
communications systems in emergency medical care facilities.
(2) Maximum amount.--The Assistant Secretary may not
provide more than $2,000,000 in Federal assistance under the
pilot program to any applicant.
(3) Cost sharing.--The Assistant Secretary may not provide
more than 50 percent of the cost, incurred during the period of
the grant, of any project under the pilot program.
(4) Maximum period of grants.--The Assistant Secretary may
not fund any applicant under the pilot program for more than 3
years.
(5) Deployment and distribution.--The Assistant Secretary
shall seek to the maximum extent practicable to ensure a broad
geographic distribution of project sites.
(6) Transfer of information and knowledge.--The Assistant
Secretary shall establish mechanisms to ensure that the
information and knowledge gained by participants in the pilot
program are transferred among the pilot program participants
and to other interested parties, including other applicants
that submitted applications.
SEC. 1482. RULE OF CONSTRUCTION.
(a) In General.--Title VI of the Post-Katrina Emergency Management
Reform Act of 2006 (Public Law 109-295) is amended by adding at the end
the following:
``SEC. 699B. RULE OF CONSTRUCTION.
``Nothing in this title, including the amendments made by this
title, may be construed to reduce or otherwise limit the authority of
the Department of Commerce or the Federal Communications Commission.''.
(b) Effective Date.--The amendment made by this section shall take
effect as though enacted as part of the Department of Homeland Security
Appropriations Act, 2007.
SEC. 1483. CROSS BORDER INTEROPERABILITY REPORTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Federal Communications Commission, in conjunction with
the Department of Homeland Security, the Office of Management of
Budget, and the Department of State shall report to the Senate
Committee on Commerce, Science, and Transportation and the House of
Representatives Committee on Energy and Commerce on--
(1) the status of the mechanism established by the
President under section 7303(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for
coordinating cross border interoperability issues between--
(A) the United States and Canada; and
(B) the United States and Mexico;
(2) the status of treaty negotiations with Canada and
Mexico regarding the coordination of the re-banding of 800
megahertz radios, as required under the final rule of the
Federal Communication Commission in the ``Private Land Mobile
Services; 800 MHz Public Safety Interface Proceeding'' (WT
Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18,
RM-9498; RM-10024; FCC 04-168,) including the status of any
outstanding issues in the negotiations between--
(A) the United States and Canada; and
(B) the United States and Mexico;
(3) communications between the Commission and the
Department of State over possible amendments to the bilateral
legal agreements and protocols that govern the coordination
process for license applications seeking to use channels and
frequencies above Line A;
(4) the annual rejection rate for the last 5 years by the
United States of applications for new channels and frequencies
by Canadian private and public entities; and
(5) any additional procedures and mechanisms that can be
taken by the Commission to decrease the rejection rate for
applications by United States private and public entities
seeking licenses to use channels and frequencies above Line A.
(b) Updated Reports to Be Filed on the Status of Treaty of
Negotiations.--The Federal Communications Commission, in conjunction
with the Department of Homeland Security, the Office of Management of
Budget, and the Department of State shall continually provide updated
reports to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Energy and Commerce of the House of
Representatives on the status of treaty negotiations under subsection
(a)(2) until the appropriate United States treaty has been revised with
each of--
(1) Canada; and
(2) Mexico.
(c) International Negotiations To Remedy Situation.--Not later than
90 days after the date of enactment of this Act, the Secretary of the
Department of State shall report to Congress on--
(1) the current process for considering applications by
Canada for frequencies and channels by United States
communities above Line A;
(2) the status of current negotiations to reform and revise
such process;
(3) the estimated date of conclusion for such negotiations;
(4) whether the current process allows for automatic
denials or dismissals of initial applications by the Government
of Canada, and whether such denials or dismissals are currently
occurring; and
(5) communications between the Department of State and the
Federal Communications Commission pursuant to subsection
(a)(3).
SEC. 1484. EXTENSION OF SHORT QUORUM.
Notwithstanding section 4(d) of the Consumer Product Safety Act (15
U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission,
if they are not affiliated with the same political party, shall
constitute a quorum for the 6-month period beginning on the date of
enactment of this Act.
SEC. 1485. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
(a) Senate Commerce, Science, and Transportation Committee.--The
Committee on Commerce, Science, and Transportation of the Senate shall
receive the reports required by the following provisions of law in the
same manner and to the same extent that the reports are to be received
by the Committee on Homeland Security and Governmental Affairs of the
Senate:
(1) Section 1016(j)(1) of the Intelligence Reform and
Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
(2) Section 121(c) of this Act.
(3) Section 2002(d)(3) of the Homeland Security Act of
2002, as added by section 202 of this Act.
(4) Subsections (a) and (b)(5) of section 2009 of the
Homeland Security Act of 2002, as added by section 202 of this
Act.
(5) Section 302(d) of this Act.
(6) Section 7215(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
(7) Section 7209(b)(1)(C) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
(8) Section 604(c) of this Act.
(9) Section 806 of this Act.
(10) Section 903(d) of this Act.
(11) Section 510(a)(7) of the Homeland Security Act of 2002
(6 U.S.C. 320(a)(7)).
(12) Section 510(b)(7) of the Homeland Security Act of 2002
(6 U.S.C. 320(b)(7)).
(13) Section 1102(b) of this Act.
(b) Senate Committee on Homeland Security and Governmental
Affairs.--The Committee on Homeland Security and Governmental Affairs
of the Senate shall receive the reports required by the following
provisions of law in the same manner and to the same extent that the
reports are to be received by the Committee on Commerce, Science, and
Transportation of the Senate:
(1) Section 1421(c) of this Act.
(2) Section 1423(f)(3)(A) of this Act.
(3) Section 1428 of this Act.
(4) Section 1429(d) of this Act.
(5) Section 114(v)(4)(A)(i) of title 49, United States
Code.
(6) Section 1441(a)(7) of this Act.
(7) Section 1441(b)(2) of this Act.
(8) Section 1445 of this Act.
(9) Section 1446(f) of this Act.
(10) Section 1447(f)(1) of this Act.
(11) Section 1448(d)(1) of this Act.
(12) Section 1466(b)(3) of this Act.
(13) Section 1472(b) of this Act.
(14) Section 1475 of this Act.
(15) Section 3006(i) of the Digital Television Transition
and Public Safety Act of 2005 (47 U.S.C. 309 note).
(16) Section 1481(c) of this Act.
(17) Subsections (a) and (b) of section 1483 of this Act.
TITLE XV--PUBLIC TRANSPORTATION TERRORISM PREVENTION
SEC. 1501. SHORT TITLE.
This title may be cited as the ``Public Transportation Terrorism
Prevention Act of 2007''.
SEC. 1502. FINDINGS.
Congress finds that--
(1) 182 public transportation systems throughout the world
have been primary target of terrorist attacks;
(2) more than 6,000 public transportation agencies operate
in the United States;
(3) people use public transportation vehicles 33,000,000
times each day;
(4) the Federal Transit Administration has invested
$84,800,000,000 since 1992 for construction and improvements;
(5) the Federal Government appropriately invested nearly
$24,000,000,000 in fiscal years 2002 through 2006 to protect
our Nation's aviation system;
(6) the Federal Government has allocated $386,000,000 in
fiscal years 2003 through 2006 to protect public transportation
systems in the United States; and
(7) the Federal Government has invested $7.53 in aviation
security improvements per passenger boarding, but only $0.008
in public transportation security improvements per passenger
boarding.
SEC. 1503. SECURITY ASSESSMENTS.
(a) Public Transportation Security Assessments.--
(1) Submission.--Not later than 30 days after the date of
the enactment of this Act, the Federal Transit Administration
of the Department of Transportation shall submit all public
transportation security assessments and all other relevant
information to the Secretary.
(2) Review.--Not later than July 31, 2007, the Secretary
shall review and augment the security assessments received
under paragraph (1).
(3) Allocations.--The Secretary shall use the security
assessments received under paragraph (1) as the basis for
allocating grant funds under section 1504, unless the Secretary
notifies the Committee on Banking, Housing, and Urban Affairs
of the Senate that the Secretary has determined an adjustment
is necessary to respond to an urgent threat or other
significant factors.
(4) Security improvement priorities.--Not later than
September 30, 2007, the Secretary, after consultation with the
management and employee representatives of each public
transportation system for which a security assessment has been
received under paragraph (1) and with appropriate State and
local officials, shall establish security improvement
priorities that will be used by public transportation agencies
for any funding provided under section 1504.
(5) Updates.--Not later than July 31, 2008, and annually
thereafter, the Secretary shall--
(A) update the security assessments referred to in
this subsection; and
(B) conduct security assessments of all public
transportation agencies considered to be at greatest
risk of a terrorist attack.
(b) Use of Security Assessment Information.--The Secretary shall
use the information collected under subsection (a)--
(1) to establish the process for developing security
guidelines for public transportation security; and
(2) to design a security improvement strategy that--
(A) minimizes terrorist threats to public
transportation systems; and
(B) maximizes the efforts of public transportation
systems to mitigate damage from terrorist attacks.
(c) Bus and Rural Public Transportation Systems.--Not later than
July 31, 2007, the Secretary shall conduct security assessments,
appropriate to the size and nature of each system, to determine the
specific needs of--
(1) local bus-only public transportation systems; and
(2) selected public transportation systems that receive
funds under section 5311 of title 49, United States Code.
SEC. 1504. SECURITY ASSISTANCE GRANTS.
(a) Capital Security Assistance Program.--
(1) In general.--The Secretary shall award grants directly
to public transportation agencies for allowable capital
security improvements based on the priorities established under
section 1503(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) tunnel protection systems;
(B) perimeter protection systems;
(C) redundant critical operations control systems;
(D) chemical, biological, radiological, or
explosive detection systems;
(E) surveillance equipment;
(F) communications equipment;
(G) emergency response equipment;
(H) fire suppression and decontamination equipment;
(I) global positioning or automated vehicle locator
type system equipment;
(J) evacuation improvements; and
(K) other capital security improvements.
(b) Operational Security Assistance Program.--
(1) In general.--The Secretary shall award grants directly
to public transportation agencies for allowable operational
security improvements based on the priorities established under
section 1503(a)(4).
(2) Allowable use of funds.--Grants awarded under paragraph
(1) may be used for--
(A) security training for public transportation
employees, including bus and rail operators, mechanics,
customer service, maintenance employees, transit
police, and security personnel;
(B) live or simulated drills;
(C) public awareness campaigns for enhanced public
transportation security;
(D) canine patrols for chemical, biological, or
explosives detection;
(E) overtime reimbursement for enhanced security
personnel during significant national and international
public events, consistent with the priorities
established under section 1503(a)(4); and
(F) other appropriate security improvements
identified under section 1503(a)(4), excluding routine,
ongoing personnel costs.
(c) Coordination With State Homeland Security Plans.--In
establishing security improvement priorities under section 1503(a)(4)
and in awarding grants for capital security improvements and
operational security improvements under subsections (a) and (b),
respectively, the Secretary shall ensure that the actions of the
Secretary are consistent with relevant State homeland security plans.
(d) Multi-State Transportation Systems.--In cases where a public
transportation system operates in more than 1 State, the Secretary
shall give appropriate consideration to the risks of the entire system,
including those portions of the States into which the system crosses,
in establishing security improvement priorities under section
1503(a)(4), and in awarding grants for capital security improvements
and operational security improvements under subsections (a) and (b),
respectively.
(e) Congressional Notification.--Not later than 3 days before the
award of any grant under this section, the Secretary shall notify the
Committee on Homeland Security and Governmental Affairs and the
Committee on Banking, Housing, and Urban Affairs of the Senate of the
intent to award such grant.
(f) Public Transportation Agency Responsibilities.--Each public
transportation agency that receives a grant under this section shall--
(1) identify a security coordinator to coordinate security
improvements;
(2) develop a comprehensive plan that demonstrates the
agency's capacity for operating and maintaining the equipment
purchased under this section; and
(3) report annually to the Secretary on the use of grant
funds received under this section.
(g) Return of Misspent Grant Funds.--If the Secretary determines
that a grantee used any portion of the grant funds received under this
section for a purpose other than the allowable uses specified for that
grant under this section, the grantee shall return any amount so used
to the Treasury of the United States.
SEC. 1505. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
(a) In General.--Not later than 90 days after the date of enactment
of this section, the Secretary, in consultation with appropriate law
enforcement, security, and terrorism experts, representatives of public
transportation owners and operators, and nonprofit employee
organizations that represent public transportation workers, shall
develop and issue detailed regulations for a public transportation
worker security training program to prepare public transportation
workers, including front-line transit employees such as bus and rail
operators, mechanics, customer service employees, maintenance
employees, transit police, and security personnel, for potential threat
conditions.
(b) Program Elements.--The regulations developed under subsection
(a) shall require such a program to include, at a minimum, elements
that address the following:
(1) Determination of the seriousness of any occurrence.
(2) Crew and passenger communication and coordination.
(3) Appropriate responses to defend oneself.
(4) Use of protective devices.
(5) Evacuation procedures (including passengers, workers,
the elderly and those with disabilities).
(6) Psychology of terrorists to cope with hijacker behavior
and passenger responses.
(7) Live situational training exercises regarding various
threat conditions, including tunnel evacuation procedures.
(8) Any other subject the Secretary considers appropriate.
(c) Required Programs.--
(1) In general.--Not later than 90 days after the Secretary
issues regulations under subsection (a) in final form, each
public transportation system that receives a grant under this
title shall develop a public transportation worker security
training program in accordance with those regulations and
submit it to the Secretary for approval.
(2) Approval.--Not later than 30 days after receiving a
public transportation system's program under paragraph (1), the
Secretary shall review the program and approve it or require
the public transportation system to make any revisions the
Secretary considers necessary for the program to meet the
regulations requirements. A public transit agency shall respond
to the Secretary's comments within 30 days after receiving
them.
(d) Training.--
(1) In general.--Not later than 1 year after the Secretary
approves the training program developed by a public
transportation system under subsection (c), the public
transportation system owner or operator shall complete the
training of all public transportation workers in accordance
with that program.
(2) Report.--The Secretary shall review implementation of
the training program of a representative sample of public
transportation systems and report to the Senate Committee on
Banking, Housing and Urban Affairs, House of Representatives
Committee on Transportation and Infrastructure, the Senate
Homeland Security and Government Affairs Committee and the
House of Representatives Committee on Homeland Security, on the
number of reviews conducted and the results. The Secretary may
submit the report in both classified and redacted formats as
necessary.
(e) Updates.--
(1) In general.--The Secretary shall update the training
regulations issued under subsection (a) from time to time to
reflect new or different security threats, and require public
transportation systems to revise their programs accordingly and
provide additional training to their workers.
(2) Program revisions.--Each public transit operator shall
revise their program in accordance with any regulations under
paragraph (1) and provide additional training to their front-
line workers within a reasonable time after the regulations are
updated.
SEC. 1506. INTELLIGENCE SHARING.
(a) Intelligence Sharing.--The Secretary shall ensure that the
Department of Transportation receives appropriate and timely
notification of all credible terrorist threats against public
transportation assets in the United States.
(b) Information Sharing Analysis Center.--
(1) Establishment.--The Secretary shall provide sufficient
financial assistance for the reasonable costs of the
Information Sharing and Analysis Center for Public
Transportation (referred to in this subsection as the ``ISAC'')
established pursuant to Presidential Directive 63, to protect
critical infrastructure.
(2) Public transportation agency participation.--The
Secretary--
(A) shall require those public transportation
agencies that the Secretary determines to be at
significant risk of terrorist attack to participate in
the ISAC;
(B) shall encourage all other public transportation
agencies to participate in the ISAC; and
(C) shall not charge a fee to any public
transportation agency for participating in the ISAC.
SEC. 1507. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND
CONTRACTS.
(a) Grants and Contracts Authorized.--The Secretary, through the
Homeland Security Advanced Research Projects Agency in the Science and
Technology Directorate and in consultation with the Federal Transit
Administration, shall award grants or contracts to public or private
entities to conduct research into, and demonstrate technologies and
methods to reduce and deter terrorist threats or mitigate damages
resulting from terrorist attacks against public transportation systems.
(b) Use of Funds.--Grants or contracts awarded under subsection
(a)--
(1) shall be coordinated with Homeland Security Advanced
Research Projects Agency activities; and
(2) may be used to--
(A) research chemical, biological, radiological, or
explosive detection systems that do not significantly
impede passenger access;
(B) research imaging technologies;
(C) conduct product evaluations and testing; and
(D) research other technologies or methods for
reducing or deterring terrorist attacks against public
transportation systems, or mitigating damage from such
attacks.
(c) Reporting Requirement.--Each entity that is awarded a grant or
contract under this section shall report annually to the Department on
the use of grant or contract funds received under this section.
(d) Return of Misspent Grant or Contract Funds.--If the Secretary
determines that a grantee or contractor used any portion of the grant
or contract funds received under this section for a purpose other than
the allowable uses specified under subsection (b), the grantee or
contractor shall return any amount so used to the Treasury of the
United States.
SEC. 1508. REPORTING REQUIREMENTS.
(a) Semi-Annual Report to Congress.--
(1) In general.--Not later than March 31 and September 30
each year, the Secretary shall submit a report, containing the
information described in paragraph (2), to--
(A) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Appropriations of the Senate.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) a description of the implementation of the
provisions of sections 1503 through 1506;
(B) the amount of funds appropriated to carry out
the provisions of each of sections 1503 through 1506
that have not been expended or obligated; and
(C) the state of public transportation security in
the United States.
(b) Annual Report to Governors.--
(1) In general.--Not later than March 31 of each year, the
Secretary shall submit a report to the Governor of each State
with a public transportation agency that has received a grant
under this title.
(2) Contents.--The report submitted under paragraph (1)
shall specify--
(A) the amount of grant funds distributed to each
such public transportation agency; and
(B) the use of such grant funds.
SEC. 1509. AUTHORIZATION OF APPROPRIATIONS.
(a) Capital Security Assistance Program.--There are authorized to
be appropriated to carry out the provisions of section 1504(a) and
remain available until expended--
(1) such sums as are necessary in fiscal year 2007;
(2) $536,000,000 for fiscal year 2008;
(3) $772,000,000 for fiscal year 2009; and
(4) $1,062,000,000 for fiscal year 2010.
(b) Operational Security Assistance Program.--There are authorized
to be appropriated to carry out the provisions of section 1504(b)--
(1) such sums as are necessary in fiscal year 2007;
(2) $534,000,000 for fiscal year 2008;
(3) $333,000,000 for fiscal year 2009; and
(4) $133,000,000 for fiscal year 2010.
(c) Intelligence.--There are authorized to be appropriated such
sums as may be necessary to carry out the provisions of section 1505.
(d) Research.--There are authorized to be appropriated to carry out
the provisions of section 1507 and remain available until expended--
(1) such sums as are necessary in fiscal year 2007;
(2) $30,000,000 for fiscal year 2008;
(3) $45,000,000 for fiscal year 2009; and
(4) $55,000,000 for fiscal year 2010.
SEC. 1510. SUNSET PROVISION.
The authority to make grants under this title shall expire on
October 1, 2011.
TITLE XVI--MISCELLANEOUS PROVISIONS
SEC. 1601. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT.
(a) Establishment and Succession.--Section 103 of the Homeland
Security Act of 2002 (6 U.S.C. 113) is amended--
(1) in subsection (a)--
(A) in the subsection heading, by striking ``Deputy
Secretary'' and inserting ``Deputy Secretaries'';
(B) by striking paragraph (6);
(C) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6), respectively; and
(D) by striking paragraph (1) and inserting the
following:
``(1) A Deputy Secretary of Homeland Security.
``(2) A Deputy Secretary of Homeland Security for
Management.''; and
(2) by adding at the end the following:
``(g) Vacancies.--
``(1) Vacancy in office of secretary.--
``(A) Deputy secretary.--In case of a vacancy in
the office of the Secretary, or of the absence or
disability of the Secretary, the Deputy Secretary of
Homeland Security may exercise all the duties of that
office, and for the purpose of section 3345 of title 5,
United States Code, the Deputy Secretary of Homeland
Security is the first assistant to the Secretary.
``(B) Deputy secretary for management.--When by
reason of absence, disability, or vacancy in office,
neither the Secretary nor the Deputy Secretary of
Homeland Security is available to exercise the duties
of the office of the Secretary, the Deputy Secretary of
Homeland Security for Management shall act as
Secretary.
``(2) Vacancy in office of deputy secretary.--In the case
of a vacancy in the office of the Deputy Secretary of Homeland
Security, or of the absence or disability of the Deputy
Secretary of Homeland Security, the Deputy Secretary of
Homeland Security for Management may exercise all the duties of
that office.
``(3) Further order of succession.--The Secretary may
designate such other officers of the Department in further
order of succession to act as Secretary.''.
(b) Responsibilities.--Section 701 of the Homeland Security Act of
2002 (6 U.S.C. 341) is amended--
(1) in the section heading, by striking ``under secretary''
and inserting ``deputy secretary of homeland security'';
(2) in subsection (a)--
(A) by inserting ``The Deputy Secretary of Homeland
Security for Management shall serve as the Chief
Management Officer and principal advisor to the
Secretary on matters related to the management of the
Department, including management integration and
transformation in support of homeland security
operations and programs.'' before ``The Secretary'';
(B) by striking ``Under Secretary for Management''
and inserting ``Deputy Secretary of Homeland Security
for Management'';
(C) by striking paragraph (7) and inserting the
following:
``(7) Strategic planning and annual performance planning
and identification and tracking of performance measures
relating to the responsibilities of the Department.''; and
(D) by striking paragraph (9), and inserting the
following:
``(9) The integration and transformation process, to ensure
an efficient and orderly consolidation of functions and
personnel to the Department, including the development of a
management integration strategy for the Department.''; and
(3) in subsection (b)--
(A) in paragraph (1), by striking ``Under Secretary
for Management'' and inserting ``Deputy Secretary of
Homeland Security for Management''; and
(B) in paragraph (2), by striking ``Under Secretary
for Management'' and inserting ``Deputy Secretary of
Homeland Security for Management''.
(c) Appointment, Evaluation, and Reappointment.--Section 701 of the
Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at
the end the following:
``(c) Appointment, Evaluation, and Reappointment.--The Deputy
Secretary of Homeland Security for Management--
``(1) shall be appointed by the President, by and with the
advice and consent of the Senate, from among persons who have--
``(A) extensive executive level leadership and
management experience in the public or private sector;
``(B) strong leadership skills;
``(C) a demonstrated ability to manage large and
complex organizations; and
``(D) a proven record in achieving positive
operational results;
``(2) shall--
``(A) serve for a term of 5 years; and
``(B) be subject to removal by the President if the
President--
``(i) finds that the performance of the
Deputy Secretary of Homeland Security for
Management is unsatisfactory; and
``(ii) communicates the reasons for
removing the Deputy Secretary of Homeland
Security for Management to Congress before such
removal;
``(3) may be reappointed in accordance with paragraph (1),
if the Secretary has made a satisfactory determination under
paragraph (5) for the 3 most recent performance years;
``(4) shall enter into an annual performance agreement with
the Secretary that shall set forth measurable individual and
organizational goals; and
``(5) shall be subject to an annual performance evaluation
by the Secretary, who shall determine as part of each such
evaluation whether the Deputy Secretary of Homeland Security
for Management has made satisfactory progress toward achieving
the goals set out in the performance agreement required under
paragraph (4).''.
(d) Incumbent.--The individual who serves in the position of Under
Secretary for Management of the Department of Homeland Security on the
date of enactment of this Act--
(1) may perform all the duties of the Deputy Secretary of
Homeland Security for Management at the pleasure of the
President, until a Deputy Secretary of Homeland Security for
Management is appointed in accordance with subsection (c) of
section 701 of the Homeland Security Act of 2002 (6 U.S.C.
341), as added by this Act; and
(2) may be appointed Deputy Secretary of Homeland Security
for Management, if such appointment is otherwise in accordance
with sections 103 and 701 of the Homeland Security Act of 2002
(6 U.S.C. 113 and 341), as amended by this Act.
(e) References.--References in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or relating to the Under Secretary for Management of the Department of
Homeland Security shall be deemed to refer to the Deputy Secretary of
Homeland Security for Management.
(f) Technical and Conforming Amendments.--
(1) Other reference.--Section 702(a) of the Homeland
Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking
``Under Secretary for Management'' and inserting ``Deputy
Secretary of Homeland Security for Management''.
(2) Table of contents.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is
amended by striking the item relating to section 701 and
inserting the following:
``Sec. 701. Deputy Secretary of Homeland Security for Management.''.
(3) Executive schedule.--Section 5313 of title 5, United
States Code, is amended by inserting after the item relating to
the Deputy Secretary of Homeland Security the following:
``Deputy Secretary of Homeland Security for Management.''.
SEC. 1602. SENSE OF THE SENATE REGARDING COMBATING DOMESTIC
RADICALIZATION.
(a) Findings.--The Senate finds the following:
(1) The United States is engaged in a struggle against a
transnational terrorist movement of radical extremists seeking
to exploit the religion of Islam through violent means to
achieve ideological ends.
(2) The radical jihadist movement transcends borders and
has been identified as a potential threat within the United
States.
(3) Radicalization has been identified as a precursor to
terrorism.
(4) Countering the threat of violent extremists
domestically, as well as internationally, is a critical element
of the plan of the United States for success in the war on
terror.
(5) United States law enforcement agencies have identified
radicalization as an emerging threat and have in recent years
identified cases of ``homegrown'' extremists operating inside
the United States with the intent to provide support for, or
directly commit, a terrorist attack.
(6) The alienation of Muslim populations in the Western
world has been identified as a factor in the spread of
radicalization.
(7) Radicalization cannot be prevented solely through law
enforcement and intelligence measures.
(b) Sense of Senate.--It is the sense of the Senate that the
Secretary, in consultation with other relevant Federal agencies, should
make a priority of countering domestic radicalization and extremism
by--
(1) using intelligence analysts and other experts to better
understand the process of radicalization from sympathizer to
activist to terrorist;
(2) recruiting employees with diverse worldviews, skills,
languages, and cultural backgrounds and expertise;
(3) consulting with experts to ensure that the lexicon used
within public statements is precise and appropriate and does
not aid extremists by offending the American Muslim community;
(4) developing and implementing, in concert with the
Attorney General and State and local corrections officials, a
program to address prisoner radicalization and post-sentence
reintegration;
(5) pursuing broader avenues of dialogue with the Muslim
community to foster mutual respect, understanding, and trust;
and
(6) working directly with State, local, and community
leaders to--
(A) educate these leaders on the threat of
radicalization and the necessity of taking preventative
action at the local level; and
(B) facilitate the sharing of best practices from
other countries and communities to encourage outreach
to the American Muslim community and develop
partnerships between all faiths, including Islam.
SEC. 1603. SENSE OF THE SENATE REGARDING OVERSIGHT OF HOMELAND
SECURITY.
(a) Findings.--The Senate finds the following:
(1) The Senate recognizes the importance and need to
implement the recommendations offered by the National
Commission on Terrorist Attacks Upon the United States (in this
section referred to as the ``Commission'').
(2) Congress considered and passed the National Security
Intelligence Reform Act of 2004 (Public Law 108-458; 118 Stat.
3643) to implement the recommendations of the Commission.
(3) Representatives of the Department testified at 165
Congressional hearings in calendar year 2004, and 166
Congressional hearings in calendar year 2005.
(4) The Department had 268 representatives testify before
15 committees and 35 subcommittees of the House of
Representatives and 9 committees and 12 subcommittees of the
Senate at 206 congressional hearings in calendar year 2006.
(5) The Senate has been unwilling to reform itself in
accordance with the recommendation of the Commission to provide
better and more streamlined oversight of the Department.
(b) Sense of Senate.--It is the sense of the Senate that the Senate
should implement the recommendation of the Commission to ``create a
single, principal point of oversight and review for homeland
security.''.
SEC. 1604. REPORT REGARDING BORDER SECURITY.
(a) In General. Not later than 180 days after the date of enactment
of this Act, the Secretary shall submit a report to Congress regarding
ongoing initiatives of the Department to improve security along the
northern border of the United States.
(b) Contents. The report submitted under sub-section (a) shall
(1) address the vulnerabilities along the northern border
of the United States; and
(2) provide recommendations to address such
vulnerabilities, including required resources needed to protect
the northern border of the United States.
(c) Government Accountability Office. Not later than 270 days after
the date of the submission of the report under subsection (a), the
Comptroller General of the United States shall submit a report to
Congress that--
(1) reviews and comments on the report under subsection
(a); and
(2) provides recommendations regarding any additional
actions necessary to protect the northern border of the United
States.
SEC. 1605. LAW ENFORCEMENT ASSISTANCE FORCE.
(a) Establishment.--The Secretary shall establish a Law Enforcement
Assistance Force to facilitate the contributions of retired law
enforcement officers and agents during major disasters.
(b) Eligible Participants.--An individual may participate in the
Law Enforcement Assistance Force if that individual--
(1) has experience working as an officer or agent for a
public law enforcement agency and left that agency in good
standing;
(2) holds current certifications for firearms, first aid,
and such other skills determined necessary by the Secretary;
(3) submits to the Secretary an application, at such time,
in such manner, and accompanied by such information as the
Secretary may reasonably require, that authorizes the Secretary
to review the law enforcement service record of that
individual; and
(4) meets such other qualifications as the Secretary may
require.
(c) Liability; Supervision.--Each eligible participant shall, upon
acceptance of an assignment under this section--
(A) be detailed to a Federal, State, or local
government law enforcement agency; and
(B) work under the direct supervision of an officer
or agent of that agency.
(d) Mobilization.--
(1) In general.--In the event of a major disaster, the
Secretary, after consultation with appropriate Federal, State,
and local government law enforcement agencies, may request
eligible participants to volunteer to assist the efforts of
those agencies responding to such emergency and assign each
willing participant to a specific law enforcement agency.
(2) Acceptance.--If the eligible participant accepts an
assignment under this subsection, that eligible participant
shall agree to remain in such assignment for a period equal to
not less than the shorter of--
(A) the period during which the law enforcement
agency needs the services of such participant;
(B) 30 days;
(C) such other period of time agreed to between the
Secretary and the eligible participant.
(3) Refusal.--An eligible participant may refuse an
assignment under this subsection without any adverse
consequences.
(e) Expenses.--
(1) In general.--Each eligible participant shall be allowed
travel expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter I
of chapter 57 of title 5, United States Code, while carrying
out an assignment under subsection (d).
(2) Source of funds.--Expenses incurred under paragraph (1)
shall be paid from amounts appropriated to the Federal
Emergency Management Agency.
(f) Termination of Assistance.--The availability of eligible
participants of the Law Enforcement Assistance Force shall continue for
a period equal to the shorter of--
(1) the period of the major disaster; or
(2) 1 year.
(g) Definitions.--In this section--
(1) the term ``eligible participant'' means an individual
participating in the Law Enforcement Assistance Force;
(2) the term ``Law Enforcement Assistance Force'' means the
Law Enforcement Assistance Force established under subsection
(a); and
(3) the term ``major disaster'' has the meaning given that
term in section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5122).
(h) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
SEC. 1606. QUADRENNIAL HOMELAND SECURITY REVIEW.
(a) In General.--
(1) Establishment.--Not later than the end of fiscal year
2008, the Secretary shall establish a national homeland
security strategy.
(2) Review.--Four years after the establishment of the
national homeland security strategy, and every 4 years
thereafter, the Secretary shall conduct a comprehensive
examination of the national homeland security strategy.
(3) Scope.--In establishing or reviewing the national
homeland security strategy under this subsection, the Secretary
shall conduct a comprehensive examination of interagency
cooperation, preparedness of Federal response assets,
infrastructure, budget plan, and other elements of the homeland
security program and policies of the United States with a view
toward determining and expressing the homeland security
strategy of the United States and establishing a homeland
security program for the 20 years following that examination.
(4) Reference.--The establishment or review of the national
homeland security strategy under this subsection shall be known
as the ``quadrennial homeland security review''.
(5) Consultation.--Each quadrennial homeland security
review under this subsection shall be conducted in consultation
with the Attorney General of the United States, the Secretary
of State, the Secretary of Defense, the Secretary of Health and
Human Services, and the Secretary of the Treasury.
(b) Contents of Review.--Each quadrennial homeland security review
shall--
(1) delineate a national homeland security strategy
consistent with the most recent National Response Plan prepared
under Homeland Security Presidential Directive-5 or any
directive meant to replace or augment that directive;
(2) describe the interagency cooperation, preparedness of
Federal response assets, infrastructure, budget plan, and other
elements of the homeland security program and policies of the
United States associated with the national homeland security
strategy required to execute successfully the full range of
missions called for in the national homeland security strategy
delineated under paragraph (1); and
(3) identify--
(A) the budget plan required to provide sufficient
resources to successfully execute the full range of
missions called for in that national homeland security
strategy at a low-to-moderate level of risk; and
(B) any additional resources required to achieve
such a level of risk.
(c) Level of Risk.--The assessment of the level of risk for
purposes of subsection (b)(3) shall be conducted by the Director of
National Intelligence.
(d) Reporting.--
(1) In general.--The Secretary shall submit a report
regarding each quadrennial homeland security review to Congress
and shall make the report publicly available on the Internet.
Each such report shall be submitted and made available on the
Internet not later than September 30 of the year in which the
review is conducted.
(2) Contents of report.--Each report submitted under
paragraph (1) shall include--
(A) the results of the quadrennial homeland
security review;
(B) the threats to the assumed or defined national
homeland security interests of the United States that
were examined for the purposes of the review and the
scenarios developed in the examination of those
threats;
(C) the status of cooperation among Federal
agencies in the effort to promote national homeland
security;
(D) the status of cooperation between the Federal
Government and State governments in preparing for
emergency response to threats to national homeland
security; and
(E) any other matter the Secretary considers
appropriate.
(e) Resource Plan.--
Not later than 30 days after the date of enactment of this Act, the
Secretary shall provide to Congress and make publicly available on the
Internet a detailed resource plan specifying the estimated budget and
number of staff members that will be required for preparation of the
initial quadrennial homeland security review.
SEC. 1607. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.
(a) In General.--The Secretary shall have responsibility for
ensuring that chemical, biological, radiological, and nuclear detection
equipment and technologies are integrated as appropriate with other
border security systems and detection technologies.
(b) Report.--Not later than 6 months after the date of enactment of
this Act, the Secretary shall submit a report to Congress that contains
a plan to develop a departmental technology assessment process to
determine and certify the technology readiness levels of chemical,
biological, radiological, and nuclear detection technologies before the
full deployment of such technologies within the United States.
TITLE XVII--911 MODERNIZATION
SEC. 1701. SHORT TITLE.
This title may be cited as the ``911 Modernization Act''.
SEC. 1702. FUNDING FOR PROGRAM.
Section 3011 of Public Law 109-171 (47 U.S.C. 309 note) is
amended--
(1) by striking ``The'' and inserting:
``(a) In General.--The''; and
(2) by adding at the end the following:
``(b) Credit.--The Assistant Secretary may borrow from the
Treasury, upon enactment of this provision, such sums as necessary, but
not to exceed $43,500,000 to implement this section. The Assistant
Secretary shall reimburse the Treasury, without interest, as funds are
deposited into the Digital Television Transition and Public Safety
Fund.''.
SEC. 1703. NTIA COORDINATION OF E-911 IMPLEMENTATION.
Section 158(b)(4) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942(b)(4)) is
amended by adding at the end thereof the following: ``Within 180 days
after the date of enactment of the 911 Modernization Act, the Assistant
Secretary and the Administrator shall jointly issue regulations
updating the criteria to provide priority for public safety answering
points not capable, as of the date of enactment of that Act, of
receiving 911 calls.''.
TITLE XVIII--MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS
SEC. 1801. SHORT TITLE.
This title may be cited as the ``The American National Red Cross
Governance Modernization Act of 2007''.
SEC. 1802. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress makes the following findings:
(1) Substantive changes to the Congressional Charter of The
American National Red Cross have not been made since 1947.
(2) In February 2006, the board of governors of The
American National Red Cross (the ``Board of Governors'')
commissioned an independent review and analysis of the Board of
Governors' role, composition, size, relationship with
management, governance relationship with chartered units of The
American National Red Cross, and whistleblower and audit
functions.
(3) In an October 2006 report of the Board of Governors,
entitled ``American Red Cross Governance for the 21st Century''
(the ``Governance Report''), the Board of Governors recommended
changes to the Congressional Charter, bylaws, and other
governing documents of The American National Red Cross to
modernize and enhance the effectiveness of the Board of
Governors and governance structure of The American National Red
Cross.
(4) It is in the national interest to create a more
efficient governance structure of The American National Red
Cross and to enhance the Board of Governors' ability to support
the critical mission of The American National Red Cross in the
21st century.
(5) It is in the national interest to clarify the role of
the Board of Governors as a governance and strategic oversight
board and for The American National Red Cross to amend its
bylaws, consistent with the recommendations described in the
Governance Report, to clarify the role of the Board of
Governors and to outline the areas of its responsibility,
including--
(A) reviewing and approving the mission statement
for The American National Red Cross;
(B) approving and overseeing the corporation's
strategic plan and maintaining strategic oversight of
operational matters;
(C) selecting, evaluating, and determining the
level of compensation of the corporation's chief
executive officer;
(D) evaluating the performance and establishing the
compensation of the senior leadership team and
providing for management succession;
(E) overseeing the financial reporting and audit
process, internal controls, and legal compliance;
(F) holding management accountable for performance;
(G) providing oversight of the financial stability
of the corporation;
(H) ensuring the inclusiveness and diversity of the
corporation;
(I) providing oversight of the protection of the
brand of the corporation; and
(J) assisting with fundraising on behalf of the
corporation.
(6)(A) The selection of members of the Board of Governors
is a critical component of effective governance for The
American National Red Cross, and, as such, it is in the
national interest that The American National Red Cross amend
its bylaws to provide a method of selection consistent with
that described in the Governance Report.
(B) The new method of selection should replace the current
process by which--
(i) 30 chartered unit-elected members of the Board
of Governors are selected by a non-Board committee
which includes 2 members of the Board of Governors and
other individuals elected by the chartered units
themselves;
(ii) 12 at-large members of the Board of Governors
are nominated by a Board committee and elected by the
Board of Governors; and
(iii) 8 members of the Board of Governors are
appointed by the President of the United States.
(C) The new method of selection described in the Governance
Report reflects the single category of members of the Board of
Governors that will result from the implementation of this
title:
(i) All Board members (except for the chairman of
the Board of Governors) would be nominated by a single
committee of the Board of Governors taking into account
the criteria outlined in the Governance Report to
assure the expertise, skills, and experience of a
governing board.
(ii) The nominated members would be considered for
approval by the full Board of Governors and then
submitted to The American National Red Cross annual
meeting of delegates for election, in keeping with the
standard corporate practice whereby shareholders of a
corporation elect members of a board of directors at
its annual meeting.
(7) The United States Supreme Court held The American
National Red Cross to be an instrumentality of the United
States, and it is in the national interest that the
Congressional Charter confirm that status and that any changes
to the Congressional Charter do not affect the rights and
obligations of The American National Red Cross to carry out its
purposes.
(8) Given the role of The American National Red Cross in
carrying out its services, programs, and activities, and
meeting its various obligations, the effectiveness of The
American National Red Cross will be promoted by the creation of
an organizational ombudsman who--
(A) will be a neutral or impartial dispute
resolution practitioner whose major function will be to
provide confidential and informal assistance to the
many internal and external stakeholders of The American
National Red Cross;
(B) will report to the chief executive officer and
the audit committee of the Board of Governors; and
(C) will have access to anyone and any documents in
The American National Red Cross.
(b) Sense of Congress.--It is the sense of Congress that--
(1) charitable organizations are an indispensable part of
American society, but these organizations can only fulfill
their important roles by maintaining the trust of the American
public;
(2) trust is fostered by effective governance and
transparency, which are the principal goals of the
recommendations of the Board of Governors in the Governance
Report and this title;
(3) Federal and State action play an important role in
ensuring effective governance and transparency by setting
standards, rooting out violations, and informing the public;
and
(4) while The American National Red Cross is and will
remain a Federally chartered instrumentality of the United
States, and it has the rights and obligations consistent with
that status, The American National Red Cross nevertheless
should maintain appropriate communications with State
regulators of charitable organizations and should cooperate
with them as appropriate in specific matters as they arise from
time to time.
SEC. 1803. ORGANIZATION.
Section 300101 of title 36, United States Code, is amended--
(1) in subsection (a), by inserting ``a Federally chartered
instrumentality of the United States and'' before ``a body
corporate and politic''; and
(2) in subsection (b), by inserting at the end the
following new sentence: ``The corporation may conduct its
business and affairs, and otherwise hold itself out, as the
`American Red Cross' in any jurisdiction.''.
SEC. 1804. PURPOSES.
Section 300102 of title 36, United States Code, is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following paragraph:
``(5) to conduct other activities consistent with the
foregoing purposes.''.
SEC. 1805. MEMBERSHIP AND CHAPTERS.
Section 300103 of title 36, United States Code, is amended--
(1) in subsection (a), by inserting ``, or as otherwise
provided,'' before ``in the bylaws'';
(2) in subsection (b)(1)--
(A) by striking ``board of governors'' and
inserting ``corporation''; and
(B) by inserting ``policies and'' before
``regulations related''; and
(3) in subsection (b)(2)--
(A) by inserting ``policies and'' before
``regulations shall require''; and
(B) by striking ``national convention'' and
inserting ``annual meeting''.
SEC. 1806. BOARD OF GOVERNORS.
Section 300104 of title 36, United States Code, is amended to read
as follows:
``Sec. 300104. Board of governors
``(a) Board of Governors.--
``(1) In general.--The board of governors is the governing
body of the corporation with all powers of governing and
directing, and of overseeing the management of the business and
affairs of, the corporation.
``(2) Number.--The board of governors shall fix by
resolution, from time to time, the number of members
constituting the entire board of governors, provided that--
``(A) as of March 31, 2009, and thereafter, there
shall be no fewer than 12 and no more than 25 members;
and
``(B) as of March 31, 2012, and thereafter, there
shall be no fewer than 12 and no more than 20 members
constituting the entire board.
Procedures to implement the preceding sentence shall be
provided in the bylaws.
``(3) Appointment.--The governors shall be appointed or
elected in the following manner:
``(A) Chairman.--
``(i) In general.--The board of governors,
in accordance with procedures provided in the
bylaws, shall recommend to the President an
individual to serve as chairman of the board of
governors. If such recommendation is approved
by the President, the President shall appoint
such individual to serve as chairman of the
board of governors.
``(ii) Vacancies.--Vacancies in the office
of the chairman, including vacancies resulting
from the resignation, death, or removal by the
President of the chairman, shall be filled in
the same manner described in clause (i).
``(iii) Duties.--The chairman shall be a
member of the board of governors and, when
present, shall preside at meetings of the board
of governors and shall have such other duties
and responsibilities as may be provided in the
bylaws or a resolution of the board of
governors.
``(B) Other members.--
``(i) In general.--Members of the board of
governors other than the chairman shall be
elected at the annual meeting of the
corporation in accordance with such procedures
as may be provided in the bylaws.
``(ii) Vacancies.--Vacancies in any such
elected board position and in any newly created
board position may be filled by a vote of the
remaining members of the board of governors in
accordance with such procedures as may be
provided in the bylaws.
``(b) Terms of Office.--
``(1) In general.--The term of office of each member of the
board of governors shall be 3 years, except that--
``(A) the board of governors may provide under the
bylaws that the terms of office of members of the board
of governors elected to the board of governors before
March 31, 2012, may be less than 3 years in order to
implement the provisions of subparagraphs (A) and (B)
of subsection (a)(2); and
``(B) any member of the board of governors elected
by the board to fill a vacancy in a board position
arising before the expiration of its term may, as
determined by the board, serve for the remainder of
that term or until the next annual meeting of the
corporation.
``(2) Staggered terms.--The terms of office of members of
the board of governors (other than the chairman) shall be
staggered such that, by March 31, 2012, and thereafter, \1/3\
of the entire board (or as near to \1/3\ as practicable) shall
be elected at each successive annual meeting of the corporation
with the term of office of each member of the board of
governors elected at an annual meeting expiring at the third
annual meeting following the annual meeting at which such
member was elected.
``(3) Term limits.--No person may serve as a member of the
board of governors for more than such number of terms of office
or years as may be provided in the bylaws.
``(c) Committees and Officers.--The board--
``(1) may appoint, from its own members, an executive
committee to exercise such powers of the board when the board
is not in session as may be provided in the bylaws;
``(2) may appoint such other committees or advisory
councils with such powers as may be provided in the bylaws or a
resolution of the board of governors;
``(3) shall appoint such officers of the corporation,
including a chief executive officer, with such duties,
responsibilities, and terms of office as may be provided in the
bylaws or a resolution of the board of governors; and
``(4) may remove members of the board of governors (other
than the chairman), officers, and employees under such
procedures as may be provided in the bylaws or a resolution of
the board of governors.
``(d) Advisory Council.--
``(1) Establishment.--There shall be an advisory council to
the board of governors.
``(2) Membership; appointment by president.--
``(A) In general.--The advisory council shall be
composed of no fewer than 8 and no more than 10
members, each of whom shall be appointed by the
President from principal officers of the executive
departments and senior officers of the Armed Forces
whose positions and interests qualify them to
contribute to carrying out the programs and purposes of
the corporation.
``(B) Members from the armed forces.--At least 1,
but not more than 3, of the members of the advisory
council shall be selected from the Armed Forces.
``(3) Duties.--The advisory council shall advise, report
directly to, and meet, at least 1 time per year with the board
of governors, and shall have such name, functions and be
subject to such procedures as may be provided in the bylaws.
``(e) Action Without Meeting.--Any action required or permitted to
be taken at any meeting of the board of governors or of any committee
thereof may be taken without a meeting if all members of the board or
committee, as the case may be, consent thereto in writing, or by
electronic transmission and the writing or writings or electronic
transmission or transmissions are filed with the minutes of proceedings
of the board or committee. Such filing shall be in paper form if the
minutes are maintained in paper form and shall be in electronic form if
the minutes are maintained in electronic form.
``(f) Voting by Proxy.--
``(1) In general.--Voting by proxy is not allowed at any
meeting of the board, at the annual meeting, or at any meeting
of a chapter.
``(2) Exception.--The board may allow the election of
governors by proxy during any emergency.
``(g) Bylaws.--
``(1) In general.--The board of governors may--
``(A) at any time adopt bylaws; and
``(B) at any time adopt bylaws to be effective only
in an emergency.
``(2) Emergency bylaws.--Any bylaws adopted pursuant to
paragraph (1)(B) may provide special procedures necessary for
managing the corporation during the emergency. All provisions
of the regular bylaws consistent with the emergency bylaws
remain effective during the emergency.
``(h) Definitions.--For purposes of this section--
``(1) the term `entire board' means the total number of
members of the board of governors that the corporation would
have if there were no vacancies; and
``(2) the term `emergency' shall have such meaning as may
be provided in the bylaws.''.
SEC. 1807. POWERS.
Paragraph (a)(1) of section 300105 of title 36, United States Code,
is amended by striking ``bylaws'' and inserting ``policies''.
SEC. 1808. ANNUAL MEETING.
Section 300107 of title 36, United States Code, is amended to read
as follows:
``Sec. 300107. Annual meeting
``(a) In General.--The annual meeting of the corporation is the
annual meeting of delegates of the chapters.
``(b) Time of Meeting.--The annual meeting shall be held as
determined by the board of governors.
``(c) Place of Meeting.--The board of governors is authorized to
determine that the annual meeting shall not be held at any place, but
may instead be held solely by means of remote communication subject to
such procedures as are provided in the bylaws.
``(d) Voting.--
``(1) In general.--In matters requiring a vote at the
annual meeting, each chapter is entitled to at least 1 vote,
and voting on all matters may be conducted by mail, telephone,
telegram, cablegram, electronic mail, or any other means of
electronic or telephone transmission, provided that the person
voting shall state, or submit information from which it can be
determined, that the method of voting chosen was authorized by
such person.
``(2) Establishment of number of votes.--
``(A) In general.--The board of governors shall
determine on an equitable basis the number of votes
that each chapter is entitled to cast, taking into
consideration the size of the membership of the
chapters, the populations served by the chapters, and
such other factors as may be determined by the board.
``(B) Periodic review.--The board of governors
shall review the allocation of votes at least every 5
years.''.
SEC. 1809. ENDOWMENT FUND.
Section 300109 of title 36, United States Code is amended--
(1) by striking ``nine'' from the first sentence thereof;
and
(2) by striking the second sentence and inserting the
following: ``The corporation shall prescribe policies and
regulations on terms and tenure of office, accountability, and
expenses of the board of trustees.''.
SEC. 1810. ANNUAL REPORT AND AUDIT.
Subsection (a) of section 300110 of title 36, United States Code,
is amended to read as follows:
``(a) Submission of Report.--As soon as practicable after the end
of the corporation's fiscal year, which may be changed from time to
time by the board of governors, the corporation shall submit a report
to the Secretary of Defense on the activities of the corporation during
such fiscal year, including a complete, itemized report of all receipts
and expenditures.''.
SEC. 1811. COMPTROLLER GENERAL OF THE UNITED STATES AND OFFICE OF THE
OMBUDSMAN.
(a) In General.--Chapter 3001 of title 36, United States Code, is
amended by redesignating section 300111 as section 300113 and by
inserting after section 300110 the following new sections:
``Sec. 300111. Authority of the Comptroller General of the United
States
``The Comptroller General of the United States is authorized to
review the corporation's involvement in any Federal program or activity
the Government carries out under law.
``Sec. 300112. Office of the Ombudsman
``(a) Establishment.--The corporation shall establish an Office of
the Ombudsman with such duties and responsibilities as may be provided
in the bylaws or a resolution of the board of governors.
``(b) Report.--
``(1) In general.--The Office of the Ombudsman shall submit
annually to the appropriate Congressional committees a report
concerning any trends and systemic matters that the Office of
the Ombudsman has identified as confronting the corporation.
``(2) Appropriate congressional committees.--For purposes
of paragraph (1), the appropriate Congressional committees are
the following committees of Congress:
``(A) Senate committees.--The appropriate
Congressional committees of the Senate are--
``(i) the Committee on Finance;
``(ii) the Committee on Foreign Relations;
``(iii) the Committee on Health, Education,
Labor, and Pensions;
``(iv) the Committee on Homeland Security
and Governmental Affairs; and
``(v) the Committee on the Judiciary.
``(B) House committees.--The appropriate
Congressional committees of the House of
Representatives are--
``(i) the Committee on Energy and Commerce;
``(ii) the Committee on Foreign Affairs;
``(iii) the Committee on Homeland Security;
``(iv) the Committee on the Judiciary; and
``(v) the Committee on Ways and Means.''.
(b) Clerical Amendment.--The table of sections for chapter 3001 of
title 36, United States Code, is amended by striking the item relating
to section 300111 and inserting the following:
``300111. Authority of the Comptroller General of the United States.
``300112. Office of the Ombudsman.
``300113. Reservation of right to amend or repeal.''.
TITLE XIX--ADVANCEMENT OF DEMOCRATIC VALUES
SEC. 1901. SHORT TITLE.
This title may be cited as the ``Advance Democratic Values, Address
Non-democratic Countries, and Enhance Democracy Act of 2007'' or the
``ADVANCE Democracy Act of 2007''.
SEC. 1902. FINDINGS.
Congress finds that in order to support the expansion of freedom
and democracy in the world, the foreign policy of the United States
should be organized in support of transformational diplomacy that seeks
to work through partnerships to build and sustain democratic, well-
governed states that will respect human rights and respond to the needs
of their people and conduct themselves responsibly in the international
system.
SEC. 1903. STATEMENT OF POLICY.
It should be the policy of the United States--
(1) to promote freedom and democracy in foreign countries
as a fundamental component of the foreign policy of the United
States;
(2) to affirm internationally recognized human rights
standards and norms and to condemn offenses against those
rights;
(3) to use instruments of United States influence to
support, promote, and strengthen democratic principles,
practices, and values, including the right to free, fair, and
open elections, secret balloting, and universal suffrage;
(4) to protect and promote fundamental freedoms and rights,
including the freedom of association, of expression, of the
press, and of religion, and the right to own private property;
(5) to protect and promote respect for and adherence to the
rule of law;
(6) to provide appropriate support to nongovernmental
organizations working to promote freedom and democracy;
(7) to provide political, economic, and other support to
countries that are willingly undertaking a transition to
democracy;
(8) to commit to the long-term challenge of promoting
universal democracy; and
(9) to strengthen alliances and relationships with other
democratic countries in order to better promote and defend
shared values and ideals.
SEC. 1904. DEFINITIONS.
In this title:
(1) Annual report on advancing freedom and democracy.--The
term ``Annual Report on Advancing Freedom and Democracy''
refers to the annual report submitted to Congress by the
Department of State pursuant to section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
228; 22 U.S.C. 2151n note), in which the Department reports on
actions taken by the United States Government to encourage
respect for human rights and democracy.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of State for Democracy, Human
Rights, and Labor.
(3) Community of democracies and community.--The terms
``Community of Democracies'' and ``Community'' mean the
association of democratic countries committed to the global
promotion of democratic principles, practices, and values,
which held its First Ministerial Conference in Warsaw, Poland,
in June 2000.
(4) Department.--The term ``Department'' means the
Department of State.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of State for Democracy and Global Affairs.
Subtitle A--Liaison Officers and Fellowship Program to Enhance the
Promotion of Democracy
SEC. 1911. DEMOCRACY LIAISON OFFICERS.
(a) In General.--The Secretary of State shall establish and staff
Democracy Liaison Officer positions, under the supervision of the
Assistant Secretary, who may be assigned to the following posts:
(1) United States missions to, or liaison with, regional
and multilateral organizations, including the United States
missions to the European Union, African Union, Organization of
American States and any other appropriate regional
organization, Organization for Security and Cooperation in
Europe, the United Nations and its relevant specialized
agencies, and the North Atlantic Treaty Organization.
(2) Regional public diplomacy centers of the Department.
(3) United States combatant commands.
(4) Other posts as designated by the Secretary of State.
(b) Responsibilities.--Each Democracy Liaison Officer should--
(1) provide expertise on effective approaches to promote
and build democracy;
(2) assist in formulating and implementing strategies for
transitions to democracy; and
(3) carry out other responsibilities as the Secretary of
State and the Assistant Secretary may assign.
(c) New Positions.--The Democracy Liaison Officer positions
established under subsection (a) should be new positions that are in
addition to existing officer positions with responsibility for other
human rights and democracy related issues and programs.
(d) Relationship to Other Authorities.--Nothing in this section may
be construed as removing any authority or responsibility of a chief of
mission or other employee of a diplomatic mission of the United States
provided under any other provision of law, including any authority or
responsibility for the development or implementation of strategies to
promote democracy.
SEC. 1912. DEMOCRACY FELLOWSHIP PROGRAM.
(a) Requirement for Program.--The Secretary of State shall
establish a Democracy Fellowship Program to enable Department officers
to gain an additional perspective on democracy promotion abroad by
working on democracy issues in congressional committees with oversight
over the subject matter of this title, including the Committee on
Foreign Relations and the Committee on Appropriations of the Senate and
the Committee on Foreign Affairs and the Committee on Appropriations of
the House of Representatives, and in nongovernmental organizations
involved in democracy promotion.
(b) Selection and Placement.--The Assistant Secretary shall play a
central role in the selection of Democracy Fellows and facilitate their
placement in appropriate congressional offices and nongovernmental
organizations.
(c) Exception.--A Democracy Fellow may not be assigned to any
congressional office until the Secretary of Defense certifies to the
Committee on Armed Services and the Committee on Foreign Relations of
the Senate and the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives that the request of the
Commander of the United States Central Command for the Department of
State for personnel and foreign service officers has been fulfilled.
SEC. 1913. TRANSPARENCY OF UNITED STATES BROADCASTING TO ASSIST IN
OVERSIGHT AND ENSURE PROMOTION OF HUMAN RIGHTS AND
DEMOCRACY IN INTERNATIONAL BROADCASTS.
(a) Transcripts.--The Broadcasting Board of Governors shall
transcribe into English all original broadcasting content.
(b) Public Transparency.--The Broadcasting Board of Governors shall
post all English transcripts from its broadcasting content on a
publicly available website within 30 days of the original broadcast.
(c) Broadcasting Content Defined.--In this section, the term
``broadcasting content'' includes programming produced or broadcast by
United State international broadcasters, including--
(1) Voice of America;
(2) Alhurra;
(3) Radio Sawa;
(4) Radio Farda;
(5) Radio Free Europe/Radio Liberty;
(6) Radio Free Asia; and
(7) The Office of Cuba Broadcasting.
Subtitle B--Annual Report on Advancing Freedom and Democracy
SEC. 1921. ANNUAL REPORT.
(a) Report Title.--Section 665(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C.
2151n note) is amended in the first sentence by inserting ``entitled
the Advancing Freedom and Democracy Report'' before the period at the
end.
(b) Schedule for Submission.--If a report entitled the Advancing
Freedom and Democracy Report pursuant to section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003, as amended by subsection
(a), is submitted under such section, such report shall be submitted
not later than 90 days after the date of submission of the report
required by section 116(d) of the Foreign Assistance Act of 1961 (22
U.S.C. 2151n(d)).
(c) Conforming Amendment.--Section 665(c) of the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 2151n note) is
amended by striking ``30 days'' and inserting ``90 days''.
SEC. 1922. SENSE OF CONGRESS ON TRANSLATION OF HUMAN RIGHTS REPORTS.
It is the sense of Congress that the Secretary of State should
continue to ensure and expand the timely translation of Human Rights
and International Religious Freedom reports and the Annual Report on
Advancing Freedom and Democracy prepared by personnel of the Department
of State into the principal languages of as many countries as possible.
Translations are welcomed because information on United States support
for universal enjoyment of freedoms and rights serves to encourage
individuals around the globe seeking to advance the cause of freedom in
their countries.
Subtitle C--Advisory Committee on Democracy Promotion and the Internet
Website of the Department of State
SEC. 1931. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.
Congress commends the Secretary of State for creating an Advisory
Committee on Democracy Promotion, and it is the sense of Congress that
the Committee should play a significant role in the Department's
transformational diplomacy by advising the Secretary of State regarding
United States efforts to promote democracy and democratic transition in
connection with the formulation and implementation of United States
foreign policy and foreign assistance.
SEC. 1932. SENSE OF CONGRESS ON THE INTERNET WEBSITE OF THE DEPARTMENT
OF STATE.
It is the sense of Congress that--
(1) the Secretary of State should continue and further
expand the Secretary's existing efforts to inform the public in
foreign countries of the efforts of the United States to
promote democracy and defend human rights through the Internet
website of the Department of State;
(2) the Secretary of State should continue to enhance the
democracy promotion materials and resources on that Internet
website, as such enhancement can benefit and encourage those
around the world who seek freedom; and
(3) such enhancement should include where possible and
practical, translated reports on democracy and human rights
prepared by personnel of the Department, narratives and
histories highlighting successful nonviolent democratic
movements, and other relevant material.
Subtitle D--Training in Democracy and Human Rights; Promotions
SEC. 1941. SENSE OF CONGRESS ON TRAINING IN DEMOCRACY AND HUMAN RIGHTS.
It is the sense of Congress that--
(1) the Secretary of State should continue to enhance and
expand the training provided to foreign service officers and
civil service employees on how to strengthen and promote
democracy and human rights; and
(2) the Secretary of State should continue the effective
and successful use of case studies and practical workshops
addressing potential challenges, and work with non-state
actors, including nongovernmental organizations that support
democratic principles, practices, and values.
SEC. 1942. SENSE OF CONGRESS ON ADVANCE DEMOCRACY AWARD.
It is the sense of Congress that--
(1) the Secretary of State should further strengthen the
capacity of the Department to carry out result-based democracy
promotion efforts through the establishment of awards and other
employee incentives, including the establishment of an annual
award known as Outstanding Achievements in Advancing Democracy,
or the ADVANCE Democracy Award, that would be awarded to
officers or employees of the Department; and
(2) the Secretary of State should establish the procedures
for selecting recipients of such award, including any financial
terms, associated with such award.
SEC. 1943. PROMOTIONS.
The precepts for selection boards responsible for recommending
promotions of foreign service officers, including members of the senior
foreign service, should include consideration of a candidate's
experience or service in promotion of human rights and democracy.
SEC. 1944. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN COUNTRIES AND
ACTIVITIES OF CHIEFS OF MISSION.
It is the sense of Congress that each chief of mission should
provide input on the actions described in the Advancing Freedom and
Democracy Report submitted under section 665(c) of the Foreign
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
U.S.C. 2151n note), as amended by section 1621, and should intensify
democracy and human rights promotion activities.
Subtitle E--Alliances With Democratic Countries
SEC. 1951. ALLIANCES WITH DEMOCRATIC COUNTRIES.
(a) Establishment of an Office for the Community of Democracies.--
The Secretary of State should, and is authorized to, establish an
Office for the Community of Democracies with the mission to further
develop and strengthen the institutional structure of the Community of
Democracies, develop interministerial projects, enhance the United
Nations Democracy Caucus, manage policy development of the United
Nations Democracy Fund, and enhance coordination with other regional
and multilateral bodies with jurisdiction over democracy issues.
(b) Sense of Congress on International Center for Democratic
Transition.--It is the sense of Congress that the International Center
for Democratic Transition, an initiative of the Government of Hungary,
serves to promote practical projects and the sharing of best practices
in the area of democracy promotion and should be supported by, in
particular, other European countries with experiences in democratic
transitions, the United States, and private individuals.
Subtitle F--Funding for Promotion of Democracy
SEC. 1961. SENSE OF CONGRESS ON THE UNITED NATIONS DEMOCRACY FUND.
It is the sense of Congress that the United States should work with
other countries to enhance the goals and work of the United Nations
Democracy Fund, an essential tool to promote democracy, and in
particular support civil society in their efforts to help consolidate
democracy and bring about transformational change.
SEC. 1962. THE HUMAN RIGHTS AND DEMOCRACY FUND.
The purpose of the Human Rights and Democracy Fund should be to
support innovative programming, media, and materials designed to uphold
democratic principles, support and strengthen democratic institutions,
promote human rights and the rule of law, and build civil societies in
countries around the world.
Attest:
Secretary.
110th CONGRESS
1st Session
H. R. 1
_______________________________________________________________________
AMENDMENT