    [Congressional Bills 110th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 1 Enrolled Bill (ENR)]

            H.R.1

                           One Hundred Tenth Congress

                                     of the

                            United States of America

              Begun and held at the City of Washington on Thursday,
                the fourth day of January, two thousand and seven

                                     An Act

    To provide for the implementation of the recommendations of the National
             Commission on Terrorist Attacks Upon the United States.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
        (a) Short Title.--This Act may be cited as the ``Implementing
    Recommendations of the 9/11 Commission Act of 2007''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

    Sec. 1. Short title; table of contents.

                        TITLE I--HOMELAND SECURITY GRANTS

    Sec. 101. Homeland Security Grant Program.
    Sec. 102. Other amendments to the Homeland Security Act of 2002.
    Sec. 103. Amendments to the Post-Katrina Emergency Management Reform Act
              of 2006.
    Sec. 104. Technical and conforming amendments.

                TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

    Sec. 201. Emergency management performance grant program.
    Sec. 202. Grants for construction of emergency operations centers.

    TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST RESPONDERS

    Sec. 301. Interoperable emergency communications grant program.
    Sec. 302. Border interoperability demonstration project.

           TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

    Sec. 401. Definitions.
    Sec. 402. National exercise program design.
    Sec. 403. National exercise program model exercises.
    Sec. 404. Preidentifying and evaluating multijurisdictional facilities
              to strengthen incident command; private sector preparedness.
    Sec. 405. Federal response capability inventory.
    Sec. 406. Reporting requirements.
    Sec. 407. Federal preparedness.
    Sec. 408. Credentialing and typing.
    Sec. 409. Model standards and guidelines for critical infrastructure
              workers.
    Sec. 410. Authorization of appropriations.

       TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
        FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

          Subtitle A--Homeland Security Information Sharing Enhancement

    Sec. 501. Homeland Security Advisory System and information sharing.
    Sec. 502. Intelligence Component Defined.
    Sec. 503. Role of intelligence components, training, and information
              sharing.
    Sec. 504. Information sharing.

         Subtitle B--Homeland Security Information Sharing Partnerships

    Sec. 511. Department of Homeland Security State, Local, and Regional
              Fusion Center Initiative.
    Sec. 512. Homeland Security Information Sharing Fellows Program.
    Sec. 513. Rural Policing Institute.

        Subtitle C--Interagency Threat Assessment and Coordination Group

    Sec. 521. Interagency Threat Assessment and Coordination Group.

        Subtitle D--Homeland Security Intelligence Offices Reorganization

    Sec. 531. Office of Intelligence and Analysis and Office of
              Infrastructure Protection.

                   Subtitle E--Authorization of Appropriations

    Sec. 541. Authorization of appropriations.

                TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

    Sec. 601. Availability to public of certain intelligence funding
              information.
    Sec. 602. Public Interest Declassification Board.
    Sec. 603. Sense of the Senate regarding a report on the 9/11 Commission
              recommendations with respect to intelligence reform and
              congressional intelligence oversight reform.
    Sec. 604. Availability of funds for the Public Interest Declassification
              Board.
    Sec. 605. Availability of the Executive Summary of the Report on Central
              Intelligence Agency Accountability Regarding the Terrorist
              Attacks of September 11, 2001.

          TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL

                          Subtitle A--Terrorist Travel

    Sec. 701. Report on international collaboration to increase border
              security, enhance global document security, and exchange
              terrorist information.

                             Subtitle B--Visa Waiver

    Sec. 711. Modernization of the visa waiver program.

             Subtitle C--Strengthening Terrorism Prevention Programs

    Sec. 721. Strengthening the capabilities of the Human Smuggling and
              Trafficking Center.
    Sec. 722. Enhancements to the terrorist travel program.
    Sec. 723. Enhanced driver's license.
    Sec. 724. Western Hemisphere Travel Initiative.
    Sec. 725. Model ports-of-entry.

                      Subtitle D--Miscellaneous Provisions

    Sec. 731. Report regarding border security.

                     TITLE VIII--PRIVACY AND CIVIL LIBERTIES

    Sec. 801. Modification of authorities relating to Privacy and Civil
              Liberties Oversight Board.
    Sec. 802. Department Privacy Officer.
    Sec. 803. Privacy and civil liberties officers.
    Sec. 804. Federal Agency Data Mining Reporting Act of 2007.

                      TITLE IX--PRIVATE SECTOR PREPAREDNESS

    Sec. 901. Private sector preparedness.
    Sec. 902. Responsibilities of the private sector Office of the
              Department.

               TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

    Sec. 1001. National Asset Database.
    Sec. 1002. Risk assessments and report.
    Sec. 1003. Sense of Congress regarding the inclusion of levees in the
              National Infrastructure Protection Plan.

         TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

    Sec. 1101. National Biosurveillance Integration Center.
    Sec. 1102. Biosurveillance efforts.
    Sec. 1103. Interagency coordination to enhance defenses against nuclear
              and radiological weapons of mass destruction.
    Sec. 1104. Integration of detection equipment and technologies.

       TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

    Sec. 1201. Definitions.
    Sec. 1202. Transportation security strategic planning.
    Sec. 1203. Transportation security information sharing.
    Sec. 1204. National domestic preparedness consortium.
    Sec. 1205. National transportation security center of excellence.
    Sec. 1206. Immunity for reports of suspected terrorist activity or
              suspicious behavior and response.

                TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

    Sec. 1301. Definitions.
    Sec. 1302. Enforcement authority.
    Sec. 1303. Authorization of visible intermodal prevention and response
              teams.
    Sec. 1304. Surface transportation security inspectors.
    Sec. 1305. Surface transportation security technology information
              sharing.
    Sec. 1306. TSA personnel limitations.
    Sec. 1307. National explosives detection canine team training program.
    Sec. 1308. Maritime and surface transportation security user fee study.
    Sec. 1309. Prohibition of issuance of transportation security cards to
              convicted felons.
    Sec. 1310. Roles of the Department of Homeland Security and the
              Department of Transportation.

                    TITLE XIV--PUBLIC TRANSPORTATION SECURITY

    Sec. 1401. Short title.
    Sec. 1402. Definitions.
    Sec. 1403. Findings.
    Sec. 1404. National Strategy for Public Transportation Security.
    Sec. 1405. Security assessments and plans.
    Sec. 1406. Public transportation security assistance.
    Sec. 1407. Security exercises.
    Sec. 1408. Public transportation security training program.
    Sec. 1409. Public transportation research and development.
    Sec. 1410. Information sharing.
    Sec. 1411. Threat assessments.
    Sec. 1412. Reporting requirements.
    Sec. 1413. Public transportation employee protections.
    Sec. 1414. Security background checks of covered individuals for public
              transportation.
    Sec. 1415. Limitation on fines and civil penalties.

                    TITLE XV--SURFACE TRANSPORTATION SECURITY

                         Subtitle A--General Provisions

    Sec. 1501. Definitions.
    Sec. 1502. Oversight and grant procedures.
    Sec. 1503. Authorization of appropriations.
    Sec. 1504. Public awareness.

                          Subtitle B--Railroad Security

    Sec. 1511. Railroad transportation security risk assessment and national
              strategy.
    Sec. 1512. Railroad carrier assessments and plans.
    Sec. 1513. Railroad security assistance.
    Sec. 1514. Systemwide Amtrak security upgrades.
    Sec. 1515. Fire and life safety improvements.
    Sec. 1516. Railroad carrier exercises.
    Sec. 1517. Railroad security training program.
    Sec. 1518. Railroad security research and development.
    Sec. 1519. Railroad tank car security testing.
    Sec. 1520. Railroad threat assessments.
    Sec. 1521. Railroad employee protections.
    Sec. 1522. Security background checks of covered individuals.
    Sec. 1523. Northern border railroad passenger report.
    Sec. 1524. International Railroad Security Program.
    Sec. 1525. Transmission line report.
    Sec. 1526. Railroad security enhancements.
    Sec. 1527. Applicability of District of Columbia law to certain Amtrak
              contracts.
    Sec. 1528. Railroad preemption clarification.

               Subtitle C--Over-the-Road Bus and Trucking Security

    Sec. 1531. Over-the-road bus security assessments and plans.
    Sec. 1532. Over-the-road bus security assistance.
    Sec. 1533. Over-the-road bus exercises.
    Sec. 1534. Over-the-road bus security training program.
    Sec. 1535. Over-the-road bus security research and development.
    Sec. 1536. Motor carrier employee protections.
    Sec. 1537. Unified carrier registration system agreement.
    Sec. 1538. School bus transportation security.
    Sec. 1539. Technical amendment.
    Sec. 1540. Truck security assessment.
    Sec. 1541. Memorandum of understanding annex.
    Sec. 1542. DHS Inspector General report on trucking security grant
              program.

              Subtitle D--Hazardous Material and Pipeline Security

    Sec. 1551. Railroad routing of security-sensitive materials.
    Sec. 1552. Railroad security-sensitive material tracking.
    Sec. 1553. Hazardous materials highway routing.
    Sec. 1554. Motor carrier security-sensitive material tracking.
    Sec. 1555. Hazardous materials security inspections and study.
    Sec. 1556. Technical corrections.
    Sec. 1557. Pipeline security inspections and enforcement.
    Sec. 1558. Pipeline security and incident recovery plan.

                               TITLE XVI--AVIATION

    Sec. 1601. Airport checkpoint screening fund.
    Sec. 1602. Screening of cargo carried aboard passenger aircraft.
    Sec. 1603. In-line baggage screening.
    Sec. 1604. In-line baggage system deployment.
    Sec. 1605. Strategic plan to test and implement advanced passenger
              prescreening system.
    Sec. 1606. Appeal and redress process for passengers wrongly delayed or
              prohibited from boarding a flight.
    Sec. 1607. Strengthening explosives detection at passenger screening
              checkpoints.
    Sec. 1608. Research and development of aviation transportation security
              technology.
    Sec. 1609. Blast-resistant cargo containers.
    Sec. 1610. Protection of passenger planes from explosives.
    Sec. 1611. Specialized training.
    Sec. 1612. Certain TSA personnel limitations not to apply.
    Sec. 1613. Pilot project to test different technologies at airport exit
              lanes.
    Sec. 1614. Security credentials for airline crews.
    Sec. 1615. Law enforcement officer biometric credential.
    Sec. 1616. Repair station security.
    Sec. 1617. General aviation security.
    Sec. 1618. Extension of authorization of aviation security funding.

                           TITLE XVII--MARITIME CARGO

    Sec. 1701. Container scanning and seals.

     TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
                                    TERRORISM

    Sec. 1801. Findings.
    Sec. 1802. Definitions.

      Subtitle A--Repeal and Modification of Limitations on Assistance for
                  Prevention of WMD Proliferation and Terrorism

    Sec. 1811. Repeal and modification of limitations on assistance for
              prevention of weapons of mass destruction proliferation and
              terrorism.

                  Subtitle B--Proliferation Security Initiative

    Sec. 1821. Proliferation Security Initiative improvements and
              authorities.
    Sec. 1822. Authority to provide assistance to cooperative countries.

    Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of Mass
                     Destruction Proliferation and Terrorism

    Sec. 1831. Statement of policy.
    Sec. 1832. Authorization of appropriations for the Department of Defense
              Cooperative Threat Reduction Program.
    Sec. 1833. Authorization of appropriations for the Department of Energy
              programs to prevent weapons of mass destruction proliferation
              and terrorism.

     Subtitle D--Office of the United States Coordinator for the Prevention
           of Weapons of Mass Destruction Proliferation and Terrorism

    Sec. 1841. Office of the United States Coordinator for the Prevention of
              Weapons of Mass Destruction Proliferation and Terrorism.
    Sec. 1842. Sense of Congress on United States-Russia cooperation and
              coordination on the prevention of weapons of mass destruction
              proliferation and terrorism.

    Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
                           Proliferation and Terrorism

    Sec. 1851. Establishment of Commission on the Prevention of Weapons of
              Mass Destruction Proliferation and Terrorism.
    Sec. 1852. Purposes of Commission.
    Sec. 1853. Composition of Commission.
    Sec. 1854. Responsibilities of Commission.
    Sec. 1855. Powers of Commission.
    Sec. 1856. Nonapplicability of Federal Advisory Committee Act.
    Sec. 1857. Report.
    Sec. 1858. Termination.
    Sec. 1859. Funding.

       TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

    Sec. 1901. Promoting antiterrorism capabilities through international
              cooperation.
    Sec. 1902. Transparency of funds.

             TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

    Sec. 2001. Short title.
    Sec. 2002. Definition.

     Subtitle A--Quality Educational Opportunities in Predominantly Muslim
                                   Countries.

    Sec. 2011. Findings; Policy.
    Sec. 2012. International Muslim Youth Opportunity Fund.
    Sec. 2013. Annual report to Congress.
    Sec. 2014. Extension of program to provide grants to American-sponsored
              schools in predominantly Muslim Countries to provide
              scholarships.

     Subtitle B--Democracy and Development in the Broader Middle East Region

    Sec. 2021. Middle East Foundation.

             Subtitle C--Reaffirming United States Moral Leadership

    Sec. 2031. Advancing United States interests through public diplomacy.
    Sec. 2032. Oversight of international broadcasting.
    Sec. 2033. Expansion of United States scholarship, exchange, and library
              programs in predominantly Muslim countries.
    Sec. 2034. United States policy toward detainees.

          Subtitle D--Strategy for the United States Relationship With
                     Afghanistan, Pakistan, and Saudi Arabia

    Sec. 2041. Afghanistan.
    Sec. 2042. Pakistan.
    Sec. 2043. Saudi Arabia.

                     TITLE XXI--ADVANCING DEMOCRATIC VALUES

    Sec. 2101. Short title.
    Sec. 2102. Findings.
    Sec. 2103. Statement of policy.
    Sec. 2104. Definitions.

          Subtitle A--Activities to Enhance the Promotion of Democracy

    Sec. 2111. Democracy Promotion at the Department of State.
    Sec. 2112. Democracy Fellowship Program.
    Sec. 2113. Investigations of violations of international humanitarian
              law.

    Subtitle B--Strategies and Reports on Human Rights and the Promotion of
                                    Democracy

    Sec. 2121. Strategies, priorities, and annual report.
    Sec. 2122. Translation of human rights reports.

     Subtitle C--Advisory Committee on Democracy Promotion and the Internet
                       Website of the Department of State

    Sec. 2131. Advisory Committee on Democracy Promotion.
    Sec. 2132. Sense of Congress regarding the Internet website of the
              Department of State.

         Subtitle D--Training in Democracy and Human Rights; Incentives

    Sec. 2141. Training in democracy promotion and the protection of human
              rights.
    Sec. 2142. Sense of Congress regarding ADVANCE Democracy Award.
    Sec. 2143. Personnel policies at the Department of State.

                Subtitle E--Cooperation With Democratic Countries

    Sec. 2151. Cooperation with democratic countries.

                 Subtitle F--Funding for Promotion of Democracy

    Sec. 2161. The United Nations Democracy Fund.
    Sec. 2162. United States democracy assistance programs.

               TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

    Sec. 2201. Interoperable emergency communications.
    Sec. 2202. Clarification of congressional intent.
    Sec. 2203. Cross border interoperability reports.
    Sec. 2204. Extension of short quorum.
    Sec. 2205. Requiring reports to be submitted to certain committees.

               TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

    Sec. 2301. Short title.
    Sec. 2302. Funding for program.
    Sec. 2303. NTIA coordination of E-911 implementation.

                      TITLE XXIV--MISCELLANEOUS PROVISIONS

    Sec. 2401. Quadrennial homeland security review.
    Sec. 2402. Sense of the Congress regarding the prevention of
              radicalization leading to ideologically-based violence.
    Sec. 2403. Requiring reports to be submitted to certain committees.
    Sec. 2404. Demonstration project.
    Sec. 2405. Under Secretary for Management of Department of Homeland
              Security.

                       TITLE I--HOMELAND SECURITY GRANTS

        SEC. 101. HOMELAND SECURITY GRANT PROGRAM.
        The Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
    by adding at the end the following:

                      ``TITLE XX--HOMELAND SECURITY GRANTS

    ``SEC. 2001. DEFINITIONS.
        ``In this title, the following definitions shall apply:
            ``(1) Administrator.--The term `Administrator' means the
        Administrator of the Federal Emergency Management Agency.
            ``(2) Appropriate committees of congress.--The term
        `appropriate committees of Congress' means--
                ``(A) the Committee on Homeland Security and Governmental
            Affairs of the Senate; and
                ``(B) those committees of the House of Representatives that
            the Speaker of the House of Representatives determines
            appropriate.
            ``(3) Critical infrastructure sectors.--The term `critical
        infrastructure sectors' means the following sectors, in both urban
        and rural areas:
                ``(A) Agriculture and food.
                ``(B) Banking and finance.
                ``(C) Chemical industries.
                ``(D) Commercial facilities.
                ``(E) Commercial nuclear reactors, materials, and waste.
                ``(F) Dams.
                ``(G) The defense industrial base.
                ``(H) Emergency services.
                ``(I) Energy.
                ``(J) Government facilities.
                ``(K) Information technology.
                ``(L) National monuments and icons.
                ``(M) Postal and shipping.
                ``(N) Public health and health care.
                ``(O) Telecommunications.
                ``(P) Transportation systems.
                ``(Q) Water.
            ``(4) Directly eligible tribe.--The term `directly eligible
        tribe' means--
                ``(A) any Indian tribe--
                    ``(i) that is located in the continental United States;
                    ``(ii) that operates a law enforcement or emergency
                response agency with the capacity to respond to calls for
                law enforcement or emergency services;
                    ``(iii)(I) that is located on or near an international
                border or a coastline bordering an ocean (including the
                Gulf of Mexico) or international waters;
                    ``(II) that is located within 10 miles of a system or
                asset included on the prioritized critical infrastructure
                list established under section 210E(a)(2) or has such a
                system or asset within its territory;
                    ``(III) that is located within or contiguous to 1 of
                the 50 most populous metropolitan statistical areas in the
                United States; or
                    ``(IV) the jurisdiction of which includes not less than
                1,000 square miles of Indian country, as that term is
                defined in section 1151 of title 18, United States Code;
                and
                    ``(iv) that certifies to the Secretary that a State has
                not provided funds under section 2003 or 2004 to the Indian
                tribe or consortium of Indian tribes for the purpose for
                which direct funding is sought; and
                ``(B) a consortium of Indian tribes, if each tribe
            satisfies the requirements of subparagraph (A).
            ``(5) Eligible metropolitan area.--The term `eligible
        metropolitan area' means any of the 100 most populous metropolitan
        statistical areas in the United States.
            ``(6) High-risk urban area.--The term `high-risk urban area'
        means a high-risk urban area designated under section
        2003(b)(3)(A).
            ``(7) Indian tribe.--The term `Indian tribe' has the meaning
        given that term in section 4(e) of the Indian Self-Determination
        Act (25 U.S.C. 450b(e)).
            ``(8) Metropolitan statistical area.--The term `metropolitan
        statistical area' means a metropolitan statistical area, as defined
        by the Office of Management and Budget.
            ``(9) National special security event.--The term `National
        Special Security Event' means a designated event that, by virtue of
        its political, economic, social, or religious significance, may be
        the target of terrorism or other criminal activity.
            ``(10) Population.--The term `population' means population
        according to the most recent United States census population
        estimates available at the start of the relevant fiscal year.
            ``(11) Population density.--The term `population density' means
        population divided by land area in square miles.
            ``(12) Qualified intelligence analyst.--The term `qualified
        intelligence analyst' means an intelligence analyst (as that term
        is defined in section 210A(j)), including law enforcement
        personnel--
                ``(A) who has successfully completed training to ensure
            baseline proficiency in intelligence analysis and production,
            as determined by the Secretary, which may include training
            using a curriculum developed under section 209; or
                ``(B) whose experience ensures baseline proficiency in
            intelligence analysis and production equivalent to the training
            required under subparagraph (A), as determined by the
            Secretary.
            ``(13) Target capabilities.--The term `target capabilities'
        means the target capabilities for Federal, State, local, and tribal
        government preparedness for which guidelines are required to be
        established under section 646(a) of the Post-Katrina Emergency
        Management Reform Act of 2006 (6 U.S.C. 746(a)).
            ``(14) Tribal government.--The term `tribal government' means
        the government of an Indian tribe.

            ``Subtitle A--Grants to States and High-Risk Urban Areas

    ``SEC. 2002. HOMELAND SECURITY GRANT PROGRAMS.
        ``(a) Grants Authorized.--The Secretary, through the Administrator,
    may award grants under sections 2003 and 2004 to State, local, and
    tribal governments.
        ``(b) Programs Not Affected.--This subtitle shall not be construed
    to affect any of the following Federal programs:
            ``(1) Firefighter and other assistance programs authorized
        under the Federal Fire Prevention and Control Act of 1974 (15
        U.S.C. 2201 et seq.).
            ``(2) Grants authorized under the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            ``(3) Emergency Management Performance Grants under the
        amendments made by title II of the Implementing Recommendations of
        the 9/11 Commission Act of 2007.
            ``(4) Grants to protect critical infrastructure, including port
        security grants authorized under section 70107 of title 46, United
        States Code, and the grants authorized under title XIV and XV of
        the Implementing Recommendations of the 9/11 Commission Act of 2007
        and the amendments made by such titles.
            ``(5) The Metropolitan Medical Response System authorized under
        section 635 of the Post-Katrina Emergency Management Reform Act of
        2006 (6 U.S.C. 723).
            ``(6) The Interoperable Emergency Communications Grant Program
        authorized under title XVIII.
            ``(7) Grant programs other than those administered by the
        Department.
        ``(c) Relationship to Other Laws.--
            ``(1) In general.--The grant programs authorized under sections
        2003 and 2004 shall supercede all grant programs authorized under
        section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
            ``(2) Allocation.--The allocation of grants authorized under
        section 2003 or 2004 shall be governed by the terms of this
        subtitle and not by any other provision of law.
    ``SEC. 2003. URBAN AREA SECURITY INITIATIVE.
        ``(a) Establishment.--There is established an Urban Area Security
    Initiative to provide grants to assist high-risk urban areas in
    preventing, preparing for, protecting against, and responding to acts
    of terrorism.
        ``(b) Assessment and Designation of High-Risk Urban Areas.--
            ``(1) In general.--The Administrator shall designate high-risk
        urban areas to receive grants under this section based on
        procedures under this subsection.
            ``(2) Initial assessment.--
                ``(A) In general.--For each fiscal year, the Administrator
            shall conduct an initial assessment of the relative threat,
            vulnerability, and consequences from acts of terrorism faced by
            each eligible metropolitan area, including consideration of--
                    ``(i) the factors set forth in subparagraphs (A)
                through (H) and (K) of section 2007(a)(1); and
                    ``(ii) information and materials submitted under
                subparagraph (B).
                ``(B) Submission of information by eligible metropolitan
            areas.--Prior to conducting each initial assessment under
            subparagraph (A), the Administrator shall provide each eligible
            metropolitan area with, and shall notify each eligible
            metropolitan area of, the opportunity to--
                    ``(i) submit information that the eligible metropolitan
                area believes to be relevant to the determination of the
                threat, vulnerability, and consequences it faces from acts
                of terrorism; and
                    ``(ii) review the risk assessment conducted by the
                Department of that eligible metropolitan area, including
                the bases for the assessment by the Department of the
                threat, vulnerability, and consequences from acts of
                terrorism faced by that eligible metropolitan area, and
                remedy erroneous or incomplete information.
            ``(3) Designation of high-risk urban areas.--
                ``(A) Designation.--
                    ``(i) In general.--For each fiscal year, after
                conducting the initial assessment under paragraph (2), and
                based on that assessment, the Administrator shall designate
                high-risk urban areas that may submit applications for
                grants under this section.
                    ``(ii) Additional areas.--Notwithstanding paragraph
                (2), the Administrator may--

                        ``(I) in any case where an eligible metropolitan
                    area consists of more than 1 metropolitan division (as
                    that term is defined by the Office of Management and
                    Budget) designate more than 1 high-risk urban area
                    within a single eligible metropolitan area; and
                        ``(II) designate an area that is not an eligible
                    metropolitan area as a high-risk urban area based on
                    the assessment by the Administrator of the relative
                    threat, vulnerability, and consequences from acts of
                    terrorism faced by the area.

                    ``(iii) Rule of construction.--Nothing in this
                subsection may be construed to require the Administrator
                to--

                        ``(I) designate all eligible metropolitan areas
                    that submit information to the Administrator under
                    paragraph (2)(B)(i) as high-risk urban areas; or
                        ``(II) designate all areas within an eligible
                    metropolitan area as part of the high-risk urban area.

                ``(B) Jurisdictions included in high-risk urban areas.--
                    ``(i) In general.--In designating high-risk urban areas
                under subparagraph (A), the Administrator shall determine
                which jurisdictions, at a minimum, shall be included in
                each high-risk urban area.
                    ``(ii) Additional jurisdictions.--A high-risk urban
                area designated by the Administrator may, in consultation
                with the State or States in which such high-risk urban area
                is located, add additional jurisdictions to the high-risk
                urban area.
        ``(c) Application.--
            ``(1) In general.--An area designated as a high-risk urban area
        under subsection (b) may apply for a grant under this section.
            ``(2) Minimum contents of application.--In an application for a
        grant under this section, a high-risk urban area shall submit--
                ``(A) a plan describing the proposed division of
            responsibilities and distribution of funding among the local
            and tribal governments in the high-risk urban area;
                ``(B) the name of an individual to serve as a high-risk
            urban area liaison with the Department and among the various
            jurisdictions in the high-risk urban area; and
                ``(C) such information in support of the application as the
            Administrator may reasonably require.
            ``(3) Annual applications.--Applicants for grants under this
        section shall apply or reapply on an annual basis.
            ``(4) State review and transmission.--
                ``(A) In general.--To ensure consistency with State
            homeland security plans, a high-risk urban area applying for a
            grant under this section shall submit its application to each
            State within which any part of that high-risk urban area is
            located for review before submission of such application to the
            Department.
                ``(B) Deadline.--Not later than 30 days after receiving an
            application from a high-risk urban area under subparagraph (A),
            a State shall transmit the application to the Department.
                ``(C) Opportunity for state comment.--If the Governor of a
            State determines that an application of a high-risk urban area
            is inconsistent with the State homeland security plan of that
            State, or otherwise does not support the application, the
            Governor shall--
                    ``(i) notify the Administrator, in writing, of that
                fact; and
                    ``(ii) provide an explanation of the reason for not
                supporting the application at the time of transmission of
                the application.
            ``(5) Opportunity to amend.--In considering applications for
        grants under this section, the Administrator shall provide
        applicants with a reasonable opportunity to correct defects in the
        application, if any, before making final awards.
        ``(d) Distribution of Awards.--
            ``(1) In general.--If the Administrator approves the
        application of a high-risk urban area for a grant under this
        section, the Administrator shall distribute the grant funds to the
        State or States in which that high-risk urban area is located.
            ``(2) State distribution of funds.--
                ``(A) In general.--Not later than 45 days after the date
            that a State receives grant funds under paragraph (1), that
            State shall provide the high-risk urban area awarded that grant
            not less than 80 percent of the grant funds. Any funds retained
            by a State shall be expended on items, services, or activities
            that benefit the high-risk urban area.
                ``(B) Funds retained.--A State shall provide each relevant
            high-risk urban area with an accounting of the items, services,
            or activities on which any funds retained by the State under
            subparagraph (A) were expended.
            ``(3) Interstate urban areas.--If parts of a high-risk urban
        area awarded a grant under this section are located in 2 or more
        States, the Administrator shall distribute to each such State--
                ``(A) a portion of the grant funds in accordance with the
            proposed distribution set forth in the application; or
                ``(B) if no agreement on distribution has been reached, a
            portion of the grant funds determined by the Administrator to
            be appropriate.
            ``(4) Certifications regarding distribution of grant funds to
        high-risk urban areas.--A State that receives grant funds under
        paragraph (1) shall certify to the Administrator that the State has
        made available to the applicable high-risk urban area the required
        funds under paragraph (2).
        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated for grants under this section--
            ``(1) $850,000,000 for fiscal year 2008;
            ``(2) $950,000,000 for fiscal year 2009;
            ``(3) $1,050,000,000 for fiscal year 2010;
            ``(4) $1,150,000,000 for fiscal year 2011;
            ``(5) $1,300,000,000 for fiscal year 2012; and
            ``(6) such sums as are necessary for fiscal year 2013, and each
        fiscal year thereafter.
    ``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.
        ``(a) Establishment.--There is established a State Homeland
    Security Grant Program to assist State, local, and tribal governments
    in preventing, preparing for, protecting against, and responding to
    acts of terrorism.
        ``(b) Application.--
            ``(1) In general.--Each State may apply for a grant under this
        section, and shall submit such information in support of the
        application as the Administrator may reasonably require.
            ``(2) Minimum contents of application.--The Administrator shall
        require that each State include in its application, at a minimum--
                ``(A) the purpose for which the State seeks grant funds and
            the reasons why the State needs the grant to meet the target
            capabilities of that State;
                ``(B) a description of how the State plans to allocate the
            grant funds to local governments and Indian tribes; and
                ``(C) a budget showing how the State intends to expend the
            grant funds.
            ``(3) Annual applications.--Applicants for grants under this
        section shall apply or reapply on an annual basis.
        ``(c) Distribution to Local and Tribal Governments.--
            ``(1) In general.--Not later than 45 days after receiving grant
        funds, any State receiving a grant under this section shall make
        available to local and tribal governments, consistent with the
        applicable State homeland security plan--
                ``(A) not less than 80 percent of the grant funds;
                ``(B) with the consent of local and tribal governments,
            items, services, or activities having a value of not less than
            80 percent of the amount of the grant; or
                ``(C) with the consent of local and tribal governments,
            grant funds combined with other items, services, or activities
            having a total value of not less than 80 percent of the amount
            of the grant.
            ``(2) Certifications regarding distribution of grant funds to
        local governments.--A State shall certify to the Administrator that
        the State has made the distribution to local and tribal governments
        required under paragraph (1).
            ``(3) Extension of period.--The Governor of a State may request
        in writing that the Administrator extend the period under paragraph
        (1) for an additional period of time. The Administrator may approve
        such a request if the Administrator determines that the resulting
        delay in providing grant funding to the local and tribal
        governments is necessary to promote effective investments to
        prevent, prepare for, protect against, or respond to acts of
        terrorism.
            ``(4) Exception.--Paragraph (1) shall not apply to the District
        of Columbia, the Commonwealth of Puerto Rico, American Samoa, the
        Commonwealth of the Northern Mariana Islands, Guam, or the Virgin
        Islands.
            ``(5) Direct funding.--If a State fails to make the
        distribution to local or tribal governments required under
        paragraph (1) in a timely fashion, a local or tribal government
        entitled to receive such distribution may petition the
        Administrator to request that grant funds be provided directly to
        the local or tribal government.
        ``(d) Multistate Applications.--
            ``(1) In general.--Instead of, or in addition to, any
        application for a grant under subsection (b), 2 or more States may
        submit an application for a grant under this section in support of
        multistate efforts to prevent, prepare for, protect against, and
        respond to acts of terrorism.
            ``(2) Administration of grant.--If a group of States applies
        for a grant under this section, such States shall submit to the
        Administrator at the time of application a plan describing--
                ``(A) the division of responsibilities for administering
            the grant; and
                ``(B) the distribution of funding among the States that are
            parties to the application.
        ``(e) Minimum Allocation.--
            ``(1) In general.--In allocating funds under this section, the
        Administrator shall ensure that--
                ``(A) except as provided in subparagraph (B), each State
            receives, from the funds appropriated for the State Homeland
            Security Grant Program established under this section, not less
            than an amount equal to--
                    ``(i) 0.375 percent of the total funds appropriated for
                grants under this section and section 2003 in fiscal year
                2008;
                    ``(ii) 0.365 percent of the total funds appropriated
                for grants under this section and section 2003 in fiscal
                year 2009;
                    ``(iii) 0.36 percent of the total funds appropriated
                for grants under this section and section 2003 in fiscal
                year 2010;
                    ``(iv) 0.355 percent of the total funds appropriated
                for grants under this section and section 2003 in fiscal
                year 2011; and
                    ``(v) 0.35 percent of the total funds appropriated for
                grants under this section and section 2003 in fiscal year
                2012 and in each fiscal year thereafter; and
                ``(B) for each fiscal year, American Samoa, the
            Commonwealth of the Northern Mariana Islands, Guam, and the
            Virgin Islands each receive, from the funds appropriated for
            the State Homeland Security Grant Program established under
            this section, not less than an amount equal to 0.08 percent of
            the total funds appropriated for grants under this section and
            section 2003.
            ``(2) Effect of multistate award on state minimum.--Any portion
        of a multistate award provided to a State under subsection (d)
        shall be considered in calculating the minimum State allocation
        under this subsection.
        ``(f) Authorization of Appropriations.--There are authorized to be
    appropriated for grants under this section--
            ``(1) $950,000,000 for each of fiscal years 2008 through 2012;
        and
            ``(2) such sums as are necessary for fiscal year 2013, and each
        fiscal year thereafter.
    ``SEC. 2005. GRANTS TO DIRECTLY ELIGIBLE TRIBES.
        ``(a) In General.--Notwithstanding section 2004(b), the
    Administrator may award grants to directly eligible tribes under
    section 2004.
        ``(b) Tribal Applications.--A directly eligible tribe may apply for
    a grant under section 2004 by submitting an application to the
    Administrator that includes, as appropriate, the information required
    for an application by a State under section 2004(b).
        ``(c) Consistency With State Plans.--
            ``(1) In general.--To ensure consistency with any applicable
        State homeland security plan, a directly eligible tribe applying
        for a grant under section 2004 shall provide a copy of its
        application to each State within which any part of the tribe is
        located for review before the tribe submits such application to the
        Department.
            ``(2) Opportunity for comment.--If the Governor of a State
        determines that the application of a directly eligible tribe is
        inconsistent with the State homeland security plan of that State,
        or otherwise does not support the application, not later than 30
        days after the date of receipt of that application the Governor
        shall--
                ``(A) notify the Administrator, in writing, of that fact;
            and
                ``(B) provide an explanation of the reason for not
            supporting the application.
        ``(d) Final Authority.--The Administrator shall have final
    authority to approve any application of a directly eligible tribe. The
    Administrator shall notify each State within the boundaries of which
    any part of a directly eligible tribe is located of the approval of an
    application by the tribe.
        ``(e) Prioritization.--The Administrator shall allocate funds to
    directly eligible tribes in accordance with the factors applicable to
    allocating funds among States under section 2007.
        ``(f) Distribution of Awards to Directly Eligible Tribes.--If the
    Administrator awards funds to a directly eligible tribe under this
    section, the Administrator shall distribute the grant funds directly to
    the tribe and not through any State.
        ``(g) Minimum Allocation.--
            ``(1) In general.--In allocating funds under this section, the
        Administrator shall ensure that, for each fiscal year, directly
        eligible tribes collectively receive, from the funds appropriated
        for the State Homeland Security Grant Program established under
        section 2004, not less than an amount equal to 0.1 percent of the
        total funds appropriated for grants under sections 2003 and 2004.
            ``(2) Exception.--This subsection shall not apply in any fiscal
        year in which the Administrator--
                ``(A) receives fewer than 5 applications under this
            section; or
                ``(B) does not approve at least 2 applications under this
            section.
        ``(h) Tribal Liaison.--A directly eligible tribe applying for a
    grant under section 2004 shall designate an individual to serve as a
    tribal liaison with the Department and other Federal, State, local, and
    regional government officials concerning preventing, preparing for,
    protecting against, and responding to acts of terrorism.
        ``(i) Eligibility for Other Funds.--A directly eligible tribe that
    receives a grant under section 2004 may receive funds for other
    purposes under a grant from the State or States within the boundaries
    of which any part of such tribe is located and from any high-risk urban
    area of which it is a part, consistent with the homeland security plan
    of the State or high-risk urban area.
        ``(j) State Obligations.--
            ``(1) In general.--States shall be responsible for allocating
        grant funds received under section 2004 to tribal governments in
        order to help those tribal communities achieve target capabilities
        not achieved through grants to directly eligible tribes.
            ``(2) Distribution of grant funds.--With respect to a grant to
        a State under section 2004, an Indian tribe shall be eligible for
        funding directly from that State, and shall not be required to seek
        funding from any local government.
            ``(3) Imposition of requirements.--A State may not impose
        unreasonable or unduly burdensome requirements on an Indian tribe
        as a condition of providing the Indian tribe with grant funds or
        resources under section 2004.
        ``(k) Rule of Construction.--Nothing in this section shall be
    construed to affect the authority of an Indian tribe that receives
    funds under this subtitle.
    ``SEC. 2006. TERRORISM PREVENTION.
        ``(a) Law Enforcement Terrorism Prevention Program.--
            ``(1) In general.--The Administrator shall ensure that not less
        than 25 percent of the total combined funds appropriated for grants
        under sections 2003 and 2004 is used for law enforcement terrorism
        prevention activities.
            ``(2) Law enforcement terrorism prevention activities.--Law
        enforcement terrorism prevention activities include--
                ``(A) information sharing and analysis;
                ``(B) target hardening;
                ``(C) threat recognition;
                ``(D) terrorist interdiction;
                ``(E) overtime expenses consistent with a State homeland
            security plan, including for the provision of enhanced law
            enforcement operations in support of Federal agencies,
            including for increased border security and border crossing
            enforcement;
                ``(F) establishing, enhancing, and staffing with
            appropriately qualified personnel State, local, and regional
            fusion centers that comply with the guidelines established
            under section 210A(i);
                ``(G) paying salaries and benefits for personnel, including
            individuals employed by the grant recipient on the date of the
            relevant grant application, to serve as qualified intelligence
            analysts;
                ``(H) any other activity permitted under the Fiscal Year
            2007 Program Guidance of the Department for the Law Enforcement
            Terrorism Prevention Program; and
                ``(I) any other terrorism prevention activity authorized by
            the Administrator.
            ``(3) Participation of underrepresented communities in fusion
        centers.--The Administrator shall ensure that grant funds described
        in paragraph (1) are used to support the participation, as
        appropriate, of law enforcement and other emergency response
        providers from rural and other underrepresented communities at risk
        from acts of terrorism in fusion centers.
        ``(b) Office for State and Local Law Enforcement.--
            ``(1) Establishment.--There is established in the Policy
        Directorate of the Department an Office for State and Local Law
        Enforcement, which shall be headed by an Assistant Secretary for
        State and Local Law Enforcement.
            ``(2) Qualifications.--The Assistant Secretary for State and
        Local Law Enforcement shall have an appropriate background with
        experience in law enforcement, intelligence, and other
        counterterrorism functions.
            ``(3) Assignment of personnel.--The Secretary shall assign to
        the Office for State and Local Law Enforcement permanent staff and,
        as appropriate and consistent with sections 506(c)(2), 821, and
        888(d), other appropriate personnel detailed from other components
        of the Department to carry out the responsibilities under this
        subsection.
            ``(4) Responsibilities.--The Assistant Secretary for State and
        Local Law Enforcement shall--
                ``(A) lead the coordination of Department-wide policies
            relating to the role of State and local law enforcement in
            preventing, preparing for, protecting against, and responding
            to natural disasters, acts of terrorism, and other man-made
            disasters within the United States;
                ``(B) serve as a liaison between State, local, and tribal
            law enforcement agencies and the Department;
                ``(C) coordinate with the Office of Intelligence and
            Analysis to ensure the intelligence and information sharing
            requirements of State, local, and tribal law enforcement
            agencies are being addressed;
                ``(D) work with the Administrator to ensure that law
            enforcement and terrorism-focused grants to State, local, and
            tribal government agencies, including grants under sections
            2003 and 2004, the Commercial Equipment Direct Assistance
            Program, and other grants administered by the Department to
            support fusion centers and law enforcement-oriented programs,
            are appropriately focused on terrorism prevention activities;
                ``(E) coordinate with the Science and Technology
            Directorate, the Federal Emergency Management Agency, the
            Department of Justice, the National Institute of Justice, law
            enforcement organizations, and other appropriate entities to
            support the development, promulgation, and updating, as
            necessary, of national voluntary consensus standards for
            training and personal protective equipment to be used in a
            tactical environment by law enforcement officers; and
                ``(F) conduct, jointly with the Administrator, a study to
            determine the efficacy and feasibility of establishing
            specialized law enforcement deployment teams to assist State,
            local, and tribal governments in responding to natural
            disasters, acts of terrorism, or other man-made disasters and
            report on the results of that study to the appropriate
            committees of Congress.
            ``(5) Rule of construction.--Nothing in this subsection shall
        be construed to diminish, supercede, or replace the
        responsibilities, authorities, or role of the Administrator.
    ``SEC. 2007. PRIORITIZATION.
        ``(a) In General.--In allocating funds among States and high-risk
    urban areas applying for grants under section 2003 or 2004, the
    Administrator shall consider, for each State or high-risk urban area--
            ``(1) its relative threat, vulnerability, and consequences from
        acts of terrorism, including consideration of--
                ``(A) its population, including appropriate consideration
            of military, tourist, and commuter populations;
                ``(B) its population density;
                ``(C) its history of threats, including whether it has been
            the target of a prior act of terrorism;
                ``(D) its degree of threat, vulnerability, and consequences
            related to critical infrastructure (for all critical
            infrastructure sectors) or key resources identified by the
            Administrator or the State homeland security plan, including
            threats, vulnerabilities, and consequences related to critical
            infrastructure or key resources in nearby jurisdictions;
                ``(E) the most current threat assessments available to the
            Department;
                ``(F) whether the State has, or the high-risk urban area is
            located at or near, an international border;
                ``(G) whether it has a coastline bordering an ocean
            (including the Gulf of Mexico) or international waters;
                ``(H) its likely need to respond to acts of terrorism
            occurring in nearby jurisdictions;
                ``(I) the extent to which it has unmet target capabilities;
                ``(J) in the case of a high-risk urban area, the extent to
            which that high-risk urban area includes--
                    ``(i) those incorporated municipalities, counties,
                parishes, and Indian tribes within the relevant eligible
                metropolitan area, the inclusion of which will enhance
                regional efforts to prevent, prepare for, protect against,
                and respond to acts of terrorism; and
                    ``(ii) other local and tribal governments in the
                surrounding area that are likely to be called upon to
                respond to acts of terrorism within the high-risk urban
                area; and
                ``(K) such other factors as are specified in writing by the
            Administrator; and
            ``(2) the anticipated effectiveness of the proposed use of the
        grant by the State or high-risk urban area in increasing the
        ability of that State or high-risk urban area to prevent, prepare
        for, protect against, and respond to acts of terrorism, to meet its
        target capabilities, and to otherwise reduce the overall risk to
        the high-risk urban area, the State, or the Nation.
        ``(b) Types of Threat.--In assessing threat under this section, the
    Administrator shall consider the following types of threat to critical
    infrastructure sectors and to populations in all areas of the United
    States, urban and rural:
            ``(1) Biological.
            ``(2) Chemical.
            ``(3) Cyber.
            ``(4) Explosives.
            ``(5) Incendiary.
            ``(6) Nuclear.
            ``(7) Radiological.
            ``(8) Suicide bombers.
            ``(9) Such other types of threat determined relevant by the
        Administrator.
    ``SEC. 2008. USE OF FUNDS.
        ``(a) Permitted Uses.--Grants awarded under section 2003 or 2004
    may be used to achieve target capabilities related to preventing,
    preparing for, protecting against, and responding to acts of terrorism,
    consistent with a State homeland security plan and relevant local,
    tribal, and regional homeland security plans, through--
            ``(1) developing and enhancing homeland security, emergency
        management, or other relevant plans, assessments, or mutual aid
        agreements;
            ``(2) designing, conducting, and evaluating training and
        exercises, including training and exercises conducted under section
        512 of this Act and section 648 of the Post-Katrina Emergency
        Management Reform Act of 2006 (6 U.S.C. 748);
            ``(3) protecting a system or asset included on the prioritized
        critical infrastructure list established under section 210E(a)(2);
            ``(4) purchasing, upgrading, storing, or maintaining equipment,
        including computer hardware and software;
            ``(5) ensuring operability and achieving interoperability of
        emergency communications;
            ``(6) responding to an increase in the threat level under the
        Homeland Security Advisory System, or to the needs resulting from a
        National Special Security Event;
            ``(7) establishing, enhancing, and staffing with appropriately
        qualified personnel State, local, and regional fusion centers that
        comply with the guidelines established under section 210A(i);
            ``(8) enhancing school preparedness;
            ``(9) supporting public safety answering points;
            ``(10) paying salaries and benefits for personnel, including
        individuals employed by the grant recipient on the date of the
        relevant grant application, to serve as qualified intelligence
        analysts;
            ``(11) paying expenses directly related to administration of
        the grant, except that such expenses may not exceed 3 percent of
        the amount of the grant;
            ``(12) any activity permitted under the Fiscal Year 2007
        Program Guidance of the Department for the State Homeland Security
        Grant Program, the Urban Area Security Initiative (including
        activities permitted under the full-time counterterrorism staffing
        pilot), or the Law Enforcement Terrorism Prevention Program; and
            ``(13) any other appropriate activity, as determined by the
        Administrator.
        ``(b) Limitations on Use of Funds.--
            ``(1) In general.--Funds provided under section 2003 or 2004
        may not be used--
                ``(A) to supplant State or local funds, except that nothing
            in this paragraph shall prohibit the use of grant funds
            provided to a State or high-risk urban area for otherwise
            permissible uses under subsection (a) on the basis that a State
            or high-risk urban area has previously used State or local
            funds to support the same or similar uses; or
                ``(B) for any State or local government cost-sharing
            contribution.
            ``(2) Personnel.--
                ``(A) In general.--Not more than 50 percent of the amount
            awarded to a grant recipient under section 2003 or 2004 in any
            fiscal year may be used to pay for personnel, including
            overtime and backfill costs, in support of the permitted uses
            under subsection (a).
                ``(B) Waiver.--At the request of the recipient of a grant
            under section 2003 or 2004, the Administrator may grant a
            waiver of the limitation under subparagraph (A).
            ``(3) Construction.--
                ``(A) In general.--A grant awarded under section 2003 or
            2004 may not be used to acquire land or to construct buildings
            or other physical facilities.
                ``(B) Exceptions.--
                    ``(i) In general.--Notwithstanding subparagraph (A),
                nothing in this paragraph shall prohibit the use of a grant
                awarded under section 2003 or 2004 to achieve target
                capabilities related to preventing, preparing for,
                protecting against, or responding to acts of terrorism,
                including through the alteration or remodeling of existing
                buildings for the purpose of making such buildings secure
                against acts of terrorism.
                    ``(ii) Requirements for exception.--No grant awarded
                under section 2003 or 2004 may be used for a purpose
                described in clause (i) unless--

                        ``(I) specifically approved by the Administrator;
                        ``(II) any construction work occurs under terms and
                    conditions consistent with the requirements under
                    section 611(j)(9) of the Robert T. Stafford Disaster
                    Relief and Emergency Assistance Act (42 U.S.C.
                    5196(j)(9)); and
                        ``(III) the amount allocated for purposes under
                    clause (i) does not exceed the greater of $1,000,000 or
                    15 percent of the grant award.

            ``(4) Recreation.--Grants awarded under this subtitle may not
        be used for recreational or social purposes.
        ``(c) Multiple-Purpose Funds.--Nothing in this subtitle shall be
    construed to prohibit State, local, or tribal governments from using
    grant funds under sections 2003 and 2004 in a manner that enhances
    preparedness for disasters unrelated to acts of terrorism, if such use
    assists such governments in achieving target capabilities related to
    preventing, preparing for, protecting against, or responding to acts of
    terrorism.
        ``(d) Reimbursement of Costs.--
            ``(1) Paid-on-call or volunteer reimbursement.--In addition to
        the activities described in subsection (a), a grant under section
        2003 or 2004 may be used to provide a reasonable stipend to paid-
        on-call or volunteer emergency response providers who are not
        otherwise compensated for travel to or participation in training or
        exercises related to the purposes of this subtitle. Any such
        reimbursement shall not be considered compensation for purposes of
        rendering an emergency response provider an employee under the Fair
        Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
            ``(2) Performance of federal duty.--An applicant for a grant
        under section 2003 or 2004 may petition the Administrator to use
        the funds from its grants under those sections for the
        reimbursement of the cost of any activity relating to preventing,
        preparing for, protecting against, or responding to acts of
        terrorism that is a Federal duty and usually performed by a Federal
        agency, and that is being performed by a State or local government
        under agreement with a Federal agency.
        ``(e) Flexibility in Unspent Homeland Security Grant Funds.--Upon
    request by the recipient of a grant under section 2003 or 2004, the
    Administrator may authorize the grant recipient to transfer all or part
    of the grant funds from uses specified in the grant agreement to other
    uses authorized under this section, if the Administrator determines
    that such transfer is in the interests of homeland security.
        ``(f) Equipment Standards.--If an applicant for a grant under
    section 2003 or 2004 proposes to upgrade or purchase, with assistance
    provided under that grant, new equipment or systems that do not meet or
    exceed any applicable national voluntary consensus standards developed
    under section 647 of the Post-Katrina Emergency Management Reform Act
    of 2006 (6 U.S.C. 747), the applicant shall include in its application
    an explanation of why such equipment or systems will serve the needs of
    the applicant better than equipment or systems that meet or exceed such
    standards.

                      ``Subtitle B--Grants Administration

    ``SEC. 2021. ADMINISTRATION AND COORDINATION.
        ``(a) Regional Coordination.--The Administrator shall ensure that--
            ``(1) all recipients of grants administered by the Department
        to prevent, prepare for, protect against, or respond to natural
        disasters, acts of terrorism, or other man-made disasters
        (excluding assistance provided under section 203, title IV, or
        title V of the Robert T. Stafford Disaster Relief and Emergency
        Assistance Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.))
        coordinate, as appropriate, their prevention, preparedness, and
        protection efforts with neighboring State, local, and tribal
        governments; and
            ``(2) all high-risk urban areas and other recipients of grants
        administered by the Department to prevent, prepare for, protect
        against, or respond to natural disasters, acts of terrorism, or
        other man-made disasters (excluding assistance provided under
        section 203, title IV, or title V of the Robert T. Stafford
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133, 5170
        et seq., and 5191 et seq.)) that include or substantially affect
        parts or all of more than 1 State coordinate, as appropriate,
        across State boundaries, including, where appropriate, through the
        use of regional working groups and requirements for regional plans.
        ``(b) Planning Committees.--
            ``(1) In general.--Any State or high-risk urban area receiving
        a grant under section 2003 or 2004 shall establish a planning
        committee to assist in preparation and revision of the State,
        regional, or local homeland security plan and to assist in
        determining effective funding priorities for grants under sections
        2003 and 2004.
            ``(2) Composition.--
                ``(A) In general.--The planning committee shall include
            representatives of significant stakeholders, including--
                    ``(i) local and tribal government officials; and
                    ``(ii) emergency response providers, which shall
                include representatives of the fire service, law
                enforcement, emergency medical response, and emergency
                managers.
                ``(B) Geographic representation.--The members of the
            planning committee shall be a representative group of
            individuals from the counties, cities, towns, and Indian tribes
            within the State or high-risk urban area, including, as
            appropriate, representatives of rural, high-population, and
            high-threat jurisdictions.
            ``(3) Existing planning committees.--Nothing in this subsection
        may be construed to require that any State or high-risk urban area
        create a planning committee if that State or high-risk urban area
        has established and uses a multijurisdictional planning committee
        or commission that meets the requirements of this subsection.
        ``(c) Interagency Coordination.--
            ``(1) In general.--Not later than 12 months after the date of
        enactment of the Implementing Recommendations of the 9/11
        Commission Act of 2007, the Secretary (acting through the
        Administrator), the Attorney General, the Secretary of Health and
        Human Services, and the heads of other agencies providing
        assistance to State, local, and tribal governments for preventing,
        preparing for, protecting against, and responding to natural
        disasters, acts of terrorism, and other man-made disasters, shall
        jointly--
                ``(A) compile a comprehensive list of Federal grant
            programs for State, local, and tribal governments for
            preventing, preparing for, protecting against, and responding
            to natural disasters, acts of terrorism, and other man-made
            disasters;
                ``(B) compile the planning, reporting, application, and
            other requirements and guidance for the grant programs
            described in subparagraph (A);
                ``(C) develop recommendations, as appropriate, to--
                    ``(i) eliminate redundant and duplicative requirements
                for State, local, and tribal governments, including onerous
                application and ongoing reporting requirements;
                    ``(ii) ensure accountability of the programs to the
                intended purposes of such programs;
                    ``(iii) coordinate allocation of grant funds to avoid
                duplicative or inconsistent purchases by the recipients;
                    ``(iv) make the programs more accessible and user
                friendly to applicants; and
                    ``(v) ensure the programs are coordinated to enhance
                the overall preparedness of the Nation;
                ``(D) submit the information and recommendations under
            subparagraphs (A), (B), and (C) to the appropriate committees
            of Congress; and
                ``(E) provide the appropriate committees of Congress, the
            Comptroller General, and any officer or employee of the
            Government Accountability Office with full access to any
            information collected or reviewed in preparing the submission
            under subparagraph (D).
            ``(2) Scope of task.--Nothing in this subsection shall
        authorize the elimination, or the alteration of the purposes, as
        delineated by statute, regulation, or guidance, of any grant
        program that exists on the date of the enactment of the
        Implementing Recommendations of the 9/11 Commission Act of 2007,
        nor authorize the review or preparation of proposals on the
        elimination, or the alteration of such purposes, of any such grant
        program.
        ``(d) Sense of Congress.--It is the sense of Congress that, in
    order to ensure that the Nation is most effectively able to prevent,
    prepare for, protect against, and respond to all hazards, including
    natural disasters, acts of terrorism, and other man-made disasters--
            ``(1) the Department should administer a coherent and
        coordinated system of both terrorism-focused and all-hazards
        grants;
            ``(2) there should be a continuing and appropriate balance
        between funding for terrorism-focused and all-hazards preparedness,
        as reflected in the authorizations of appropriations for grants
        under the amendments made by titles I and II, as applicable, of the
        Implementing Recommendations of the 9/11 Commission Act of 2007;
        and
            ``(3) with respect to terrorism-focused grants, it is necessary
        to ensure both that the target capabilities of the highest risk
        areas are achieved quickly and that basic levels of preparedness,
        as measured by the attainment of target capabilities, are achieved
        nationwide.
    ``SEC. 2022. ACCOUNTABILITY.
        ``(a) Audits of Grant Programs.--
            ``(1) Compliance requirements.--
                ``(A) Audit requirement.--Each recipient of a grant
            administered by the Department that expends not less than
            $500,000 in Federal funds during its fiscal year shall submit
            to the Administrator a copy of the organization-wide financial
            and compliance audit report required under chapter 75 of title
            31, United States Code.
                ``(B) Access to information.--The Department and each
            recipient of a grant administered by the Department shall
            provide the Comptroller General and any officer or employee of
            the Government Accountability Office with full access to
            information regarding the activities carried out related to any
            grant administered by the Department.
                ``(C) Improper payments.--Consistent with the Improper
            Payments Information Act of 2002 (31 U.S.C. 3321 note), for
            each of the grant programs under sections 2003 and 2004 of this
            title and section 662 of the Post-Katrina Emergency Management
            Reform Act of 2006 (6 U.S.C. 762), the Administrator shall
            specify policies and procedures for--
                    ``(i) identifying activities funded under any such
                grant program that are susceptible to significant improper
                payments; and
                    ``(ii) reporting any improper payments to the
                Department.
            ``(2) Agency program review.--
                ``(A) In general.--Not less than once every 2 years, the
            Administrator shall conduct, for each State and high-risk urban
            area receiving a grant administered by the Department, a
            programmatic and financial review of all grants awarded by the
            Department to prevent, prepare for, protect against, or respond
            to natural disasters, acts of terrorism, or other man-made
            disasters, excluding assistance provided under section 203,
            title IV, or title V of the Robert T. Stafford Disaster Relief
            and Emergency Assistance Act (42 U.S.C. 5133, 5170 et seq., and
            5191 et seq.).
                ``(B) Contents.--Each review under subparagraph (A) shall,
            at a minimum, examine--
                    ``(i) whether the funds awarded were used in accordance
                with the law, program guidance, and State homeland security
                plans or other applicable plans; and
                    ``(ii) the extent to which funds awarded enhanced the
                ability of a grantee to prevent, prepare for, protect
                against, and respond to natural disasters, acts of
                terrorism, and other man-made disasters.
                ``(C) Authorization of appropriations.--In addition to any
            other amounts authorized to be appropriated to the
            Administrator, there are authorized to be appropriated to the
            Administrator for reviews under this paragraph--
                    ``(i) $8,000,000 for each of fiscal years 2008, 2009,
                and 2010; and
                    ``(ii) such sums as are necessary for fiscal year 2011,
                and each fiscal year thereafter.
            ``(3) Office of inspector general performance audits.--
                ``(A) In general.--In order to ensure the effective and
            appropriate use of grants administered by the Department, the
            Inspector General of the Department each year shall conduct
            audits of a sample of States and high-risk urban areas that
            receive grants administered by the Department to prevent,
            prepare for, protect against, or respond to natural disasters,
            acts of terrorism, or other man-made disasters, excluding
            assistance provided under section 203, title IV, or title V of
            the Robert T. Stafford Disaster Relief and Emergency Assistance
            Act (42 U.S.C. 5133, 5170 et seq., and 5191 et seq.).
                ``(B) Determining samples.--The sample selected for audits
            under subparagraph (A) shall be--
                    ``(i) of an appropriate size to--

                        ``(I) assess the overall integrity of the grant
                    programs described in subparagraph (A); and
                        ``(II) act as a deterrent to financial
                    mismanagement; and

                    ``(ii) selected based on--

                        ``(I) the size of the grants awarded to the
                    recipient;
                        ``(II) the past grant management performance of the
                    recipient;
                        ``(III) concerns identified by the Administrator,
                    including referrals from the Administrator; and
                        ``(IV) such other factors as determined by the
                    Inspector General of the Department.

                ``(C) Comprehensive auditing.--During the 7-year period
            beginning on the date of enactment of the Implementing
            Recommendations of the 9/11 Commission Act of 2007, the
            Inspector General of the Department shall conduct not fewer
            than 1 audit of each State that receives funds under a grant
            under section 2003 or 2004.
                ``(D) Report by the inspector general.--
                    ``(i) In general.--The Inspector General of the
                Department shall submit to the appropriate committees of
                Congress an annual consolidated report regarding the audits
                completed during the fiscal year before the date of that
                report.
                    ``(ii) Contents.--Each report submitted under clause
                (i) shall describe, for the fiscal year before the date of
                that report--

                        ``(I) the audits conducted under subparagraph (A);
                        ``(II) the findings of the Inspector General with
                    respect to the audits conducted under subparagraph (A);
                        ``(III) whether the funds awarded were used in
                    accordance with the law, program guidance, and State
                    homeland security plans and other applicable plans; and
                        ``(IV) the extent to which funds awarded enhanced
                    the ability of a grantee to prevent, prepare for,
                    protect against, and respond to natural disasters, acts
                    of terrorism and other man-made disasters.

                    ``(iii) Deadline.--For each year, the report required
                under clause (i) shall be submitted not later than December
                31.
                ``(E) Public availability on website.--The Inspector
            General of the Department shall make each audit conducted under
            subparagraph (A) available on the website of the Inspector
            General, subject to redaction as the Inspector General
            determines necessary to protect classified and other sensitive
            information.
                ``(F) Provision of information to administrator.--The
            Inspector General of the Department shall provide to the
            Administrator any findings and recommendations from audits
            conducted under subparagraph (A).
                ``(G) Evaluation of grants management and oversight.--Not
            later than 1 year after the date of enactment of the
            Implementing Recommendations of the 9/11 Commission Act of
            2007, the Inspector General of the Department shall review and
            evaluate the grants management and oversight practices of the
            Federal Emergency Management Agency, including assessment of
            and recommendations relating to--
                    ``(i) the skills, resources, and capabilities of the
                workforce; and
                    ``(ii) any additional resources and staff necessary to
                carry out such management and oversight.
                ``(H) Authorization of appropriations.--In addition to any
            other amounts authorized to be appropriated to the Inspector
            General of the Department, there are authorized to be
            appropriated to the Inspector General of the Department for
            audits under subparagraph (A)--
                    ``(i) $8,500,000 for each of fiscal years 2008, 2009,
                and 2010; and
                    ``(ii) such sums as are necessary for fiscal year 2011,
                and each fiscal year thereafter.
            ``(4) Performance assessment.--In order to ensure that States
        and high-risk urban areas are using grants administered by the
        Department appropriately to meet target capabilities and
        preparedness priorities, the Administrator shall--
                ``(A) ensure that any such State or high-risk urban area
            conducts or participates in exercises under section 648(b) of
            the Post-Katrina Emergency Management Reform Act of 2006 (6
            U.S.C. 748(b));
                ``(B) use performance metrics in accordance with the
            comprehensive assessment system under section 649 of the Post-
            Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 749)
            and ensure that any such State or high-risk urban area
            regularly tests its progress against such metrics through the
            exercises required under subparagraph (A);
                ``(C) use the remedial action management program under
            section 650 of the Post-Katrina Emergency Management Reform Act
            of 2006 (6 U.S.C. 750); and
                ``(D) ensure that each State receiving a grant administered
            by the Department submits a report to the Administrator on its
            level of preparedness, as required by section 652(c) of the
            Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
            752(c)).
            ``(5) Consideration of assessments.--In conducting program
        reviews and performance audits under paragraphs (2) and (3), the
        Administrator and the Inspector General of the Department shall
        take into account the performance assessment elements required
        under paragraph (4).
            ``(6) Recovery audits.--The Administrator shall conduct a
        recovery audit (as that term is defined by the Director of the
        Office of Management and Budget under section 3561 of title 31,
        United States Code) for any grant administered by the Department
        with a total value of not less than $1,000,000, if the
        Administrator finds that--
                ``(A) a financial audit has identified improper payments
            that can be recouped; and
                ``(B) it is cost effective to conduct a recovery audit to
            recapture the targeted funds.
            ``(7) Remedies for noncompliance.--
                ``(A) In general.--If, as a result of a review or audit
            under this subsection or otherwise, the Administrator finds
            that a recipient of a grant under this title has failed to
            substantially comply with any provision of law or with any
            regulations or guidelines of the Department regarding eligible
            expenditures, the Administrator shall--
                    ``(i) reduce the amount of payment of grant funds to
                the recipient by an amount equal to the amount of grants
                funds that were not properly expended by the recipient;
                    ``(ii) limit the use of grant funds to programs,
                projects, or activities not affected by the failure to
                comply;
                    ``(iii) refer the matter to the Inspector General of
                the Department for further investigation;
                    ``(iv) terminate any payment of grant funds to be made
                to the recipient; or
                    ``(v) take such other action as the Administrator
                determines appropriate.
                ``(B) Duration of penalty.--The Administrator shall apply
            an appropriate penalty under subparagraph (A) until such time
            as the Administrator determines that the grant recipient is in
            full compliance with the law and with applicable guidelines or
            regulations of the Department.
        ``(b) Reports by Grant Recipients.--
            ``(1) Quarterly reports on homeland security spending.--
                ``(A) In general.--As a condition of receiving a grant
            under section 2003 or 2004, a State, high-risk urban area, or
            directly eligible tribe shall, not later than 30 days after the
            end of each Federal fiscal quarter, submit to the Administrator
            a report on activities performed using grant funds during that
            fiscal quarter.
                ``(B) Contents.--Each report submitted under subparagraph
            (A) shall at a minimum include, for the applicable State, high-
            risk urban area, or directly eligible tribe, and each
            subgrantee thereof--
                    ``(i) the amount obligated to that recipient under
                section 2003 or 2004 in that quarter;
                    ``(ii) the amount of funds received and expended under
                section 2003 or 2004 by that recipient in that quarter; and
                    ``(iii) a summary description of expenditures made by
                that recipient using such funds, and the purposes for which
                such expenditures were made.
                ``(C) End-of-year report.--The report submitted under
            subparagraph (A) by a State, high-risk urban area, or directly
            eligible tribe relating to the last quarter of any fiscal year
            shall include--
                    ``(i) the amount and date of receipt of all funds
                received under the grant during that fiscal year;
                    ``(ii) the identity of, and amount provided to, any
                subgrantee for that grant during that fiscal year;
                    ``(iii) the amount and the dates of disbursements of
                all such funds expended in compliance with section
                2021(a)(1) or under mutual aid agreements or other sharing
                arrangements that apply within the State, high-risk urban
                area, or directly eligible tribe, as applicable, during
                that fiscal year; and
                    ``(iv) how the funds were used by each recipient or
                subgrantee during that fiscal year.
            ``(2) Annual report.--Any State applying for a grant under
        section 2004 shall submit to the Administrator annually a State
        preparedness report, as required by section 652(c) of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)).
        ``(c) Reports by the Administrator.--
            ``(1) Federal preparedness report.--The Administrator shall
        submit to the appropriate committees of Congress annually the
        Federal Preparedness Report required under section 652(a) of the
        Post-Katrina Emergency Management Reform Act of 2006 (6 U.S.C.
        752(a)).
            ``(2) Risk assessment.--
                ``(A) In general.--For each fiscal year, the Administrator
            shall provide to the appropriate committees of Congress a
            detailed and comprehensive explanation of the methodologies
            used to calculate risk and compute the allocation of funds for
            grants administered by the Department, including--
                    ``(i) all variables included in the risk assessment and
                the weights assigned to each such variable;
                    ``(ii) an explanation of how each such variable, as
                weighted, correlates to risk, and the basis for concluding
                there is such a correlation; and
                    ``(iii) any change in the methodologies from the
                previous fiscal year, including changes in variables
                considered, weighting of those variables, and computational
                methods.
                ``(B) Classified annex.--The information required under
            subparagraph (A) shall be provided in unclassified form to the
            greatest extent possible, and may include a classified annex if
            necessary.
                ``(C) Deadline.--For each fiscal year, the information
            required under subparagraph (A) shall be provided on the
            earlier of--
                    ``(i) October 31; or
                    ``(ii) 30 days before the issuance of any program
                guidance for grants administered by the Department.
            ``(3) Tribal funding report.--At the end of each fiscal year,
        the Administrator shall submit to the appropriate committees of
        Congress a report setting forth the amount of funding provided
        during that fiscal year to Indian tribes under any grant program
        administered by the Department, whether provided directly or
        through a subgrant from a State or high-risk urban area.''.
        SEC. 102. OTHER AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002.
        (a) National Advisory Council.--Section 508(b) of the Homeland
    Security Act of 2002 (6 U.S.C. 318(b)) is amended--
            (1) by striking ``The National Advisory'' the first place that
        term appears and inserting the following:
            ``(1) In general.--The National Advisory''; and
            (2) by adding at the end the following:
            ``(2) Consultation on grants.--To ensure input from and
        coordination with State, local, and tribal governments and
        emergency response providers, the Administrator shall regularly
        consult and work with the National Advisory Council on the
        administration and assessment of grant programs administered by the
        Department, including with respect to the development of program
        guidance and the development and evaluation of risk-assessment
        methodologies, as appropriate.''.
        (b) Evacuation Planning.--Section 512(b)(5)(A) of the Homeland
    Security Act of 2002 (6 U.S.C. 321a(b)(5)(A)) is amended by inserting
    ``, including the elderly'' after ``needs''.
        SEC. 103. AMENDMENTS TO THE POST-KATRINA EMERGENCY MANAGEMENT
          REFORM ACT OF 2006.
        (a) Funding Efficacy.--Section 652(a)(2) of the Post-Katrina
    Emergency Management Reform Act of 2006 (6 U.S.C. 752(a)(2)) is
    amended--
            (1) in subparagraph (C), by striking ``and'' at the end;
            (2) in subparagraph (D), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
                ``(E) an evaluation of the extent to which grants
            administered by the Department, including grants under title XX
            of the Homeland Security Act of 2002--
                    ``(i) have contributed to the progress of State, local,
                and tribal governments in achieving target capabilities;
                and
                    ``(ii) have led to the reduction of risk from natural
                disasters, acts of terrorism, or other man-made disasters
                nationally and in State, local, and tribal
                jurisdictions.''.
        (b) State Preparedness Report.--Section 652(c)(2)(D) of the Post-
    Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 752(c)(2)(D))
    is amended by striking ``an assessment of resource needs'' and
    inserting ``a discussion of the extent to which target capabilities
    identified in the applicable State homeland security plan and other
    applicable plans remain unmet and an assessment of resources needed''.
        SEC. 104. TECHNICAL AND CONFORMING AMENDMENTS.
        (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
    seq.) is amended--
            (1) by redesignating title XVIII, as added by the SAFE Port Act
        (Public Law 109-347; 120 Stat. 1884), as title XIX;
            (2) by redesignating sections 1801 through 1806, as added by
        the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as sections
        1901 through 1906, respectively;
            (3) in section 1904(a), as so redesignated, by striking
        ``section 1802'' and inserting ``section 1902'';
            (4) in section 1906, as so redesignated, by striking ``section
        1802(a)'' each place that term appears and inserting ``section
        1902(a)''; and
            (5) in the table of contents in section 1(b), by striking the
        items relating to title XVIII and sections 1801 through 1806, as
        added by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884),
        and inserting the following:

                 ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

    ``Sec. 1901. Domestic Nuclear Detection Office.
    ``Sec. 1902. Mission of Office.
    ``Sec. 1903. Hiring authority.
    ``Sec. 1904. Testing authority.
    ``Sec. 1905. Relationship to other Department entities and Federal
              agencies.
    ``Sec. 1906. Contracting and grant making authorities.

                      ``TITLE XX--HOMELAND SECURITY GRANTS

    ``Sec. 2001. Definitions.

            ``Subtitle A--Grants to States and High-Risk Urban Areas

    ``Sec. 2002. Homeland Security Grant Programs.
    ``Sec. 2003. Urban Area Security Initiative.
    ``Sec. 2004. State Homeland Security Grant Program.
    ``Sec. 2005. Grants to directly eligible tribes.
    ``Sec. 2006. Terrorism prevention.
    ``Sec. 2007. Prioritization.
    ``Sec. 2008. Use of funds.

                       ``Subtitle B--Grants Administration

    ``Sec. 2021. Administration and coordination.
    ``Sec. 2022. Accountability.''.

               TITLE II--EMERGENCY MANAGEMENT PERFORMANCE GRANTS

        SEC. 201. EMERGENCY MANAGEMENT PERFORMANCE GRANT PROGRAM.
        Section 662 of the Post-Katrina Emergency Management Reform Act of
    2006 (6 U.S.C. 762) is amended to read as follows:
        ``SEC. 662. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.
        ``(a) Definitions.--In this section--
            ``(1) the term `program' means the emergency management
        performance grants program described in subsection (b); and
            ``(2) the term `State' has the meaning given that term in
        section 102 of the Robert T. Stafford Disaster Relief and Emergency
        Assistance Act (42 U.S.C. 5122).
        ``(b) In General.--The Administrator of the Federal Emergency
    Management Agency shall continue implementation of an emergency
    management performance grants program, to make grants to States to
    assist State, local, and tribal governments in preparing for all
    hazards, as authorized by the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5121 et seq.).
        ``(c) Federal Share.--Except as otherwise specifically provided by
    title VI of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.), the Federal share of the cost
    of an activity carried out using funds made available under the program
    shall not exceed 50 percent.
        ``(d) Apportionment.--For fiscal year 2008, and each fiscal year
    thereafter, the Administrator shall apportion the amounts appropriated
    to carry out the program among the States as follows:
            ``(1) Baseline amount.--The Administrator shall first apportion
        0.25 percent of such amounts to each of American Samoa, the
        Commonwealth of the Northern Mariana Islands, Guam, and the Virgin
        Islands and 0.75 percent of such amounts to each of the remaining
        States.
            ``(2) Remainder.--The Administrator shall apportion the
        remainder of such amounts in the ratio that--
                ``(A) the population of each State; bears to
                ``(B) the population of all States.
        ``(e) Consistency in Allocation.--Notwithstanding subsection (d),
    in any fiscal year before fiscal year 2013 in which the appropriation
    for grants under this section is equal to or greater than the
    appropriation for emergency management performance grants in fiscal
    year 2007, no State shall receive an amount under this section for that
    fiscal year less than the amount that State received in fiscal year
    2007.
        ``(f) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the program--
            ``(1) for fiscal year 2008, $400,000,000;
            ``(2) for fiscal year 2009, $535,000,000;
            ``(3) for fiscal year 2010, $680,000,000;
            ``(4) for fiscal year 2011, $815,000,000; and
            ``(5) for fiscal year 2012, $950,000,000.''.
        SEC. 202. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS CENTERS.
        Section 614 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5196c) is amended to read as follows:
        ``SEC. 614. GRANTS FOR CONSTRUCTION OF EMERGENCY OPERATIONS
          CENTERS.
        ``(a) Grants.--The Administrator of the Federal Emergency
    Management Agency may make grants to States under this title for
    equipping, upgrading, and constructing State and local emergency
    operations centers.
        ``(b) Federal Share.--Notwithstanding any other provision of this
    title, the Federal share of the cost of an activity carried out using
    amounts from grants made under this section shall not exceed 75
    percent.''.

         TITLE III--ENSURING COMMUNICATIONS INTEROPERABILITY FOR FIRST
                                   RESPONDERS

        SEC. 301. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
        (a) Establishment.--Title XVIII of the Homeland Security Act of
    2002 (6 U.S.C. 571 et seq.) is amended by adding at the end the
    following new section:
    ``SEC. 1809. INTEROPERABLE EMERGENCY COMMUNICATIONS GRANT PROGRAM.
        ``(a) Establishment.--The Secretary shall establish the
    Interoperable Emergency Communications Grant Program to make grants to
    States to carry out initiatives to improve local, tribal, statewide,
    regional, national and, where appropriate, international interoperable
    emergency communications, including communications in collective
    response to natural disasters, acts of terrorism, and other man-made
    disasters.
        ``(b) Policy.--The Director for Emergency Communications shall
    ensure that a grant awarded to a State under this section is consistent
    with the policies established pursuant to the responsibilities and
    authorities of the Office of Emergency Communications under this title,
    including ensuring that activities funded by the grant--
            ``(1) comply with the statewide plan for that State required by
        section 7303(f) of the Intelligence Reform and Terrorism Prevention
        Act of 2004 (6 U.S.C. 194(f)); and
            ``(2) comply with the National Emergency Communications Plan
        under section 1802, when completed.
        ``(c) Administration.--
            ``(1) In general.--The Administrator of the Federal Emergency
        Management Agency shall administer the Interoperable Emergency
        Communications Grant Program pursuant to the responsibilities and
        authorities of the Administrator under title V of the Act.
            ``(2) Guidance.--In administering the grant program, the
        Administrator shall ensure that the use of grants is consistent
        with guidance established by the Director of Emergency
        Communications pursuant to section 7303(a)(1)(H) of the
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
        194(a)(1)(H)).
        ``(d) Use of Funds.--A State that receives a grant under this
    section shall use the grant to implement that State's Statewide
    Interoperability Plan required under section 7303(f) of the
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
    194(f)) and approved under subsection (e), and to assist with
    activities determined by the Secretary to be integral to interoperable
    emergency communications.
        ``(e) Approval of Plans.--
            ``(1) Approval as condition of grant.--Before a State may
        receive a grant under this section, the Director of Emergency
        Communications shall approve the State's Statewide Interoperable
        Communications Plan required under section 7303(f) of the
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
        194(f)).
            ``(2) Plan requirements.--In approving a plan under this
        subsection, the Director of Emergency Communications shall ensure
        that the plan--
                ``(A) is designed to improve interoperability at the city,
            county, regional, State and interstate level;
                ``(B) considers any applicable local or regional plan; and
                ``(C) complies, to the maximum extent practicable, with the
            National Emergency Communications Plan under section 1802.
            ``(3) Approval of revisions.--The Director of Emergency
        Communications may approve revisions to a State's plan if the
        Director determines that doing so is likely to further
        interoperability.
        ``(f) Limitations on Uses of Funds.--
            ``(1) In general.--The recipient of a grant under this section
        may not use the grant--
                ``(A) to supplant State or local funds;
                ``(B) for any State or local government cost-sharing
            contribution; or
                ``(C) for recreational or social purposes.
            ``(2) Penalties.--In addition to other remedies currently
        available, the Secretary may take such actions as necessary to
        ensure that recipients of grant funds are using the funds for the
        purpose for which they were intended.
        ``(g) Limitations on Award of Grants.--
            ``(1) National emergency communications plan required.--The
        Secretary may not award a grant under this section before the date
        on which the Secretary completes and submits to Congress the
        National Emergency Communications Plan required under section 1802.
            ``(2) Voluntary consensus standards.--The Secretary may not
        award a grant to a State under this section for the purchase of
        equipment that does not meet applicable voluntary consensus
        standards, unless the State demonstrates that there are compelling
        reasons for such purchase.
        ``(h) Award of Grants.--In approving applications and awarding
    grants under this section, the Secretary shall consider--
            ``(1) the risk posed to each State by natural disasters, acts
        of terrorism, or other manmade disasters, including--
                ``(A) the likely need of a jurisdiction within the State to
            respond to such risk in nearby jurisdictions;
                ``(B) the degree of threat, vulnerability, and consequences
            related to critical infrastructure (from all critical
            infrastructure sectors) or key resources identified by the
            Administrator or the State homeland security and emergency
            management plans, including threats to, vulnerabilities of, and
            consequences from damage to critical infrastructure and key
            resources in nearby jurisdictions;
                ``(C) the size of the population and density of the
            population of the State, including appropriate consideration of
            military, tourist, and commuter populations;
                ``(D) whether the State is on or near an international
            border;
                ``(E) whether the State encompasses an economically
            significant border crossing; and
                ``(F) whether the State has a coastline bordering an ocean,
            a major waterway used for interstate commerce, or international
            waters; and
            ``(2) the anticipated effectiveness of the State's proposed use
        of grant funds to improve interoperability.
        ``(i) Opportunity to Amend Applications.--In considering
    applications for grants under this section, the Administrator shall
    provide applicants with a reasonable opportunity to correct defects in
    the application, if any, before making final awards.
        ``(j) Minimum Grant Amounts.--
            ``(1) States.--In awarding grants under this section, the
        Secretary shall ensure that for each fiscal year, except as
        provided in paragraph (2), no State receives a grant in an amount
        that is less than the following percentage of the total amount
        appropriated for grants under this section for that fiscal year:
                ``(A) For fiscal year 2008, 0.50 percent.
                ``(B) For fiscal year 2009, 0.50 percent.
                ``(C) For fiscal year 2010, 0.45 percent.
                ``(D) For fiscal year 2011, 0.40 percent.
                ``(E) For fiscal year 2012 and each subsequent fiscal year,
            0.35 percent.
            ``(2) Territories and possessions.--In awarding grants under
        this section, the Secretary shall ensure that for each fiscal year,
        American Samoa, the Commonwealth of the Northern Mariana Islands,
        Guam, and the Virgin Islands each receive grants in amounts that
        are not less than 0.08 percent of the total amount appropriated for
        grants under this section for that fiscal year.
        ``(k) Certification.--Each State that receives a grant under this
    section shall certify that the grant is used for the purpose for which
    the funds were intended and in compliance with the State's approved
    Statewide Interoperable Communications Plan.
        ``(l) State Responsibilities.--
            ``(1) Availability of funds to local and tribal governments.--
        Not later than 45 days after receiving grant funds, any State that
        receives a grant under this section shall obligate or otherwise
        make available to local and tribal governments--
                ``(A) not less than 80 percent of the grant funds;
                ``(B) with the consent of local and tribal governments,
            eligible expenditures having a value of not less than 80
            percent of the amount of the grant; or
                ``(C) grant funds combined with other eligible expenditures
            having a total value of not less than 80 percent of the amount
            of the grant.
            ``(2) Allocation of funds.--A State that receives a grant under
        this section shall allocate grant funds to tribal governments in
        the State to assist tribal communities in improving interoperable
        communications, in a manner consistent with the Statewide
        Interoperable Communications Plan. A State may not impose
        unreasonable or unduly burdensome requirements on a tribal
        government as a condition of providing grant funds or resources to
        the tribal government.
            ``(3) Penalties.--If a State violates the requirements of this
        subsection, in addition to other remedies available to the
        Secretary, the Secretary may terminate or reduce the amount of the
        grant awarded to that State or transfer grant funds previously
        awarded to the State directly to the appropriate local or tribal
        government.
        ``(m) Reports.--
            ``(1) Annual reports by state grant recipients.--A State that
        receives a grant under this section shall annually submit to the
        Director of Emergency Communications a report on the progress of
        the State in implementing that State's Statewide Interoperable
        Communications Plans required under section 7303(f) of the
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
        194(f)) and achieving interoperability at the city, county,
        regional, State, and interstate levels. The Director shall make the
        reports publicly available, including by making them available on
        the Internet website of the Office of Emergency Communications,
        subject to any redactions that the Director determines are
        necessary to protect classified or other sensitive information.
            ``(2) Annual reports to congress.--At least once each year, the
        Director of Emergency Communications shall submit to Congress a
        report on the use of grants awarded under this section and any
        progress in implementing Statewide Interoperable Communications
        Plans and improving interoperability at the city, county, regional,
        State, and interstate level, as a result of the award of such
        grants.
        ``(n) Rule of Construction.--Nothing in this section shall be
    construed or interpreted to preclude a State from using a grant awarded
    under this section for interim or long-term Internet Protocol-based
    interoperable solutions.
        ``(o) Authorization of Appropriations.--There are authorized to be
    appropriated for grants under this section--
            ``(1) for fiscal year 2008, such sums as may be necessary;
            ``(2) for each of fiscal years 2009 through 2012, $400,000,000;
        and
            ``(3) for each subsequent fiscal year, such sums as may be
        necessary.''.
        (b) Clerical Amendment.--The table of contents in section l(b) of
    such Act is amended by inserting after the item relating to section
    1808 the following:

    ``Sec. 1809. Interoperable Emergency Communications Grant Program.''.

        (c) Interoperable Communications Plans.--Section 7303 of the
    Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194)
    is amended--
            (1) in subsection (f)--
                (A) in paragraph (4), by striking ``and'' at the end;
                (B) in paragraph (5), by striking the period at the end and
            inserting a semicolon; and
                (C) by adding at the end the following:
            ``(6) include information on the governance structure used to
        develop the plan, including such information about all agencies and
        organizations that participated in developing the plan and the
        scope and timeframe of the plan; and
            ``(7) describe the method by which multi-jurisdictional,
        multidisciplinary input is provided from all regions of the
        jurisdiction, including any high-threat urban areas located in the
        jurisdiction, and the process for continuing to incorporate such
        input.'';
            (2) in subsection (g)(1), by striking ``or video'' and
        inserting ``and video''.
        (d) National Emergency Communications Plan.--Section 1802(c) of the
    Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) set a date, including interim benchmarks, as
        appropriate, by which State, local, and tribal governments, Federal
        departments and agencies, and emergency response providers expect
        to achieve a baseline level of national interoperable
        communications, as that term is defined under section 7303(g)(1) of
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6
        U.S.C. 194(g)(1)).''.
        SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
        (a) In General.--Title XVIII of the Homeland Security Act of 2002
    (6 U.S.C. 571 et seq.) is amended by adding at the end the following
    new section:
    ``SEC. 1810. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.
        ``(a) In General.--
            ``(1) Establishment.--The Secretary, acting through the
        Director of the Office of Emergency Communications (referred to in
        this section as the `Director'), and in coordination with the
        Federal Communications Commission and the Secretary of Commerce,
        shall establish an International Border Community Interoperable
        Communications Demonstration Project (referred to in this section
        as the `demonstration project').
            ``(2) Minimum number of communities.--The Director shall select
        no fewer than 6 communities to participate in a demonstration
        project.
            ``(3) Location of communities.--No fewer than 3 of the
        communities selected under paragraph (2) shall be located on the
        northern border of the United States and no fewer than 3 of the
        communities selected under paragraph (2) shall be located on the
        southern border of the United States.
        ``(b) Conditions.--The Director, in coordination with the Federal
    Communications Commission and the Secretary of Commerce, shall ensure
    that the project is carried out as soon as adequate spectrum is
    available as a result of the 800 megahertz rebanding process in border
    areas, and shall ensure that the border projects do not impair or
    impede the rebanding process, but under no circumstances shall funds be
    distributed under this section unless the Federal Communications
    Commission and the Secretary of Commerce agree that these conditions
    have been met.
        ``(c) Program Requirements.--Consistent with the responsibilities
    of the Office of Emergency Communications under section 1801, the
    Director shall foster local, tribal, State, and Federal interoperable
    emergency communications, as well as interoperable emergency
    communications with appropriate Canadian and Mexican authorities in the
    communities selected for the demonstration project. The Director
    shall--
            ``(1) identify solutions to facilitate interoperable
        communications across national borders expeditiously;
            ``(2) help ensure that emergency response providers can
        communicate with each other in the event of natural disasters, acts
        of terrorism, and other man-made disasters;
            ``(3) provide technical assistance to enable emergency response
        providers to deal with threats and contingencies in a variety of
        environments;
            ``(4) identify appropriate joint-use equipment to ensure
        communications access;
            ``(5) identify solutions to facilitate communications between
        emergency response providers in communities of differing population
        densities; and
            ``(6) take other actions or provide equipment as the Director
        deems appropriate to foster interoperable emergency communications.
        ``(d) Distribution of Funds.--
            ``(1) In general.--The Secretary shall distribute funds under
        this section to each community participating in the demonstration
        project through the State, or States, in which each community is
        located.
            ``(2) Other participants.--A State shall make the funds
        available promptly to the local and tribal governments and
        emergency response providers selected by the Secretary to
        participate in the demonstration project.
            ``(3) Report.--Not later than 90 days after a State receives
        funds under this subsection the State shall report to the Director
        on the status of the distribution of such funds to local and tribal
        governments.
        ``(e) Maximum Period of Grants.--The Director may not fund any
    participant under the demonstration project for more than 3 years.
        ``(f) Transfer of Information and Knowledge.--The Director shall
    establish mechanisms to ensure that the information and knowledge
    gained by participants in the demonstration project are transferred
    among the participants and to other interested parties, including other
    communities that submitted applications to the participant in the
    project.
        ``(g) Authorization of Appropriations.--There is authorized to be
    appropriated for grants under this section such sums as may be
    necessary.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    that Act is amended by inserting after the item relating to section
    1809 the following:

    ``Sec. 1810. Border interoperability demonstration project.''.

           TITLE IV--STRENGTHENING USE OF THE INCIDENT COMMAND SYSTEM

        SEC. 401. DEFINITIONS.
        (a) In General.--Section 501 of the Homeland Security Act of 2002
    (6 U.S.C. 311) is amended--
            (1) by redesignating paragraphs (10) and (11) as paragraphs
        (12) and (13), respectively;
            (2) by redesignating paragraphs (4) through (9) as paragraphs
        (5) through (10), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) the terms `credentialed' and `credentialing' mean having
        provided, or providing, respectively, documentation that identifies
        personnel and authenticates and verifies the qualifications of such
        personnel by ensuring that such personnel possess a minimum common
        level of training, experience, physical and medical fitness, and
        capability appropriate for a particular position in accordance with
        standards created under section 510;'';
            (4) by inserting after paragraph (10), as so redesignated, the
        following:
            ``(11) the term `resources' means personnel and major items of
        equipment, supplies, and facilities available or potentially
        available for responding to a natural disaster, act of terrorism,
        or other man-made disaster;'';
            (5) in paragraph (12), as so redesignated, by striking ``and''
        at the end;
            (6) in paragraph (13), as so redesignated, by striking the
        period at the end and inserting ``; and''; and
            (7) by adding at the end the following:
            ``(14) the terms `typed' and `typing' mean having evaluated, or
        evaluating, respectively, a resource in accordance with standards
        created under section 510.''.
        (b) Technical and Conforming Amendments.--Section 641 of the Post-
    Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 741) is
    amended--
            (1) by redesignating paragraphs (2) through (10) as paragraphs
        (3) through (11), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Credentialed; credentialing.--The terms `credentialed'
        and `credentialing' have the meanings given those terms in section
        501 of the Homeland Security Act of 2002 (6 U.S.C. 311).''; and
            (3) by adding at the end the following:
            ``(12) Resources.--The term `resources' has the meaning given
        that term in section 501 of the Homeland Security Act of 2002 (6
        U.S.C. 311).
            ``(13) Type.--The term `type' means a classification of
        resources that refers to the capability of a resource.
            ``(14) Typed; typing.--The terms `typed' and `typing' have the
        meanings given those terms in section 501 of the Homeland Security
        Act of 2002 (6 U.S.C. 311).''.
        SEC. 402. NATIONAL EXERCISE PROGRAM DESIGN.
        Section 648(b)(2)(A) of the Post-Katrina Emergency Management
    Reform Act of 2006 (6 U.S.C. 748(b)(2)(A)) is amended by striking
    clauses (iv) and (v) and inserting the following:
                    ``(iv) designed to provide for the systematic
                evaluation of readiness and enhance operational
                understanding of the incident command system and relevant
                mutual aid agreements;
                    ``(v) designed to address the unique requirements of
                populations with special needs, including the elderly; and
                    ``(vi) designed to promptly develop after-action
                reports and plans for quickly incorporating lessons learned
                into future operations; and''.
        SEC. 403. NATIONAL EXERCISE PROGRAM MODEL EXERCISES.
        Section 648(b)(2)(B) of the Post-Katrina Emergency Management
    Reform Act of 2006 (6 U.S.C. 748(b)(2)(B)) is amended by striking
    ``shall provide'' and all that follows through ``of exercises'' and
    inserting the following: ``shall include a selection of model exercises
    that State, local, and tribal governments can readily adapt for use and
    provide assistance to State, local, and tribal governments with the
    design, implementation, and evaluation of exercises (whether a model
    exercise program or an exercise designed locally)''.
        SEC. 404. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL
          FACILITIES TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR
          PREPAREDNESS.
        Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C.
    317(c)(2)) is amended--
            (1) in subparagraph (H) by striking ``and'' at the end;
            (2) by redesignating subparagraph (I) as subparagraph (K); and
            (3) by inserting after subparagraph (H) the following:
                ``(I) coordinating with the private sector to help ensure
            private sector preparedness for natural disasters, acts of
            terrorism, and other man-made disasters;
                ``(J) assisting State, local, and tribal governments, where
            appropriate, to preidentify and evaluate suitable sites where a
            multijurisdictional incident command system may quickly be
            established and operated from, if the need for such a system
            arises; and''.
        SEC. 405. FEDERAL RESPONSE CAPABILITY INVENTORY.
        Section 651 of the Post-Katrina Emergency Management Reform Act of
    2006 (6 U.S.C. 751) is amended--
            (1) in subsection (b)--
                (A) in the matter preceding paragraph (1), by striking
            ``The inventory'' and inserting ``For each Federal agency with
            responsibilities under the National Response Plan, the
            inventory'';
                (B) in paragraph (1), by striking ``and'' at the end;
                (C) by redesignating paragraph (2) as paragraph (4); and
                (D) by inserting after paragraph (1) the following:
            ``(2) a list of personnel credentialed in accordance with
        section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320);
            ``(3) a list of resources typed in accordance with section 510
        of the Homeland Security Act of 2002 (6 U.S.C. 320); and''; and
            (2) in subsection (d)--
                (A) in paragraph (1), by striking ``capabilities,
            readiness'' and all that follows and inserting the following:
            ``--
                ``(A) capabilities;
                ``(B) readiness;
                ``(C) the compatibility of equipment;
                ``(D) credentialed personnel; and
                ``(E) typed resources;'';
                (B) in paragraph (2), by inserting ``of capabilities,
            credentialed personnel, and typed resources'' after ``rapid
            deployment''; and
                (C) in paragraph (3), by striking ``inventories'' and
            inserting ``the inventory described in subsection (a)''.
        SEC. 406. REPORTING REQUIREMENTS.
        Section 652(a)(2) of the Post-Katrina Emergency Management Reform
    Act of 2006 (6 U.S.C. 752(a)(2)), as amended by section 103, is further
    amended--
            (1) in subparagraph (C), by striking ``section 651(a);'' and
        inserting ``section 651, including the number and type of
        credentialed personnel in each category of personnel trained and
        ready to respond to a natural disaster, act of terrorism, or other
        man-made disaster;'';
            (2) in subparagraph (D), by striking ``and'' at the end;
            (3) in subparagraph (E), by striking the period at the end and
        inserting ``; and''; and
            (4) by adding at the end the following:
                ``(F) a discussion of whether the list of credentialed
            personnel of the Agency described in section 651(b)(2)--
                    ``(i) complies with the strategic human capital plan
                developed under section 10102 of title 5, United States
                Code; and
                    ``(ii) is sufficient to respond to a natural disaster,
                act of terrorism, or other man-made disaster, including a
                catastrophic incident.''.
        SEC. 407. FEDERAL PREPAREDNESS.
        Section 653 of the Post-Katrina Emergency Management Reform Act of
    2006 (6 U.S.C. 753) is amended--
            (1) in subsection (a)--
                (A) in the matter preceding paragraph (1), by striking
            ``coordinating, primary, or supporting'';
                (B) in paragraph (2), by inserting ``, including
            credentialing of personnel and typing of resources likely
            needed to respond to a natural disaster, act of terrorism, or
            other man-made disaster in accordance with section 510 of the
            Homeland Security Act of 2002 (6 U.S.C. 320)'' before the
            semicolon at the end;
                (C) in paragraph (3), by striking ``and'' at the end;
                (D) in paragraph (4), by striking the period at the end and
            inserting ``; and''; and
                (E) by adding at the end the following:
            ``(5) regularly updates, verifies the accuracy of, and provides
        to the Administrator the information in the inventory required
        under section 651.''; and
            (2) in subsection (d)--
                (A) by inserting ``to the Committee on Homeland Security
            and Governmental Affairs of the Senate and the Committee on
            Homeland Security and the Committee on Transportation and
            Infrastructure of the House of Representatives'' after ``The
            President shall certify''; and
                (B) by striking ``coordinating, primary, or supporting''.
        SEC. 408. CREDENTIALING AND TYPING.
        Section 510 of the Homeland Security Act of 2002 (6 U.S.C. 320) is
    amended--
            (1) by striking ``The Administrator'' and inserting the
        following:
        ``(a) In General.--The Administrator'';
            (2) in subsection (a), as so designated, by striking
        ``credentialing of personnel and typing of'' and inserting ``for
        credentialing and typing of incident management personnel,
        emergency response providers, and other personnel (including
        temporary personnel) and''; and
            (3) by adding at the end the following:
        ``(b) Distribution.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of the Implementing Recommendations of the 9/11
        Commission Act of 2007, the Administrator shall provide the
        standards developed under subsection (a), including detailed
        written guidance, to--
                ``(A) each Federal agency that has responsibilities under
            the National Response Plan to aid that agency with
            credentialing and typing incident management personnel,
            emergency response providers, and other personnel (including
            temporary personnel) and resources likely needed to respond to
            a natural disaster, act of terrorism, or other man-made
            disaster; and
                ``(B) State, local, and tribal governments, to aid such
            governments with credentialing and typing of State, local, and
            tribal incident management personnel, emergency response
            providers, and other personnel (including temporary personnel)
            and resources likely needed to respond to a natural disaster,
            act of terrorism, or other man-made disaster.
            ``(2) Assistance.--The Administrator shall provide expertise
        and technical assistance to aid Federal, State, local, and tribal
        government agencies with credentialing and typing incident
        management personnel, emergency response providers, and other
        personnel (including temporary personnel) and resources likely
        needed to respond to a natural disaster, act of terrorism, or other
        man-made disaster.
        ``(c) Credentialing and Typing of Personnel.--Not later than 6
    months after receiving the standards provided under subsection (b),
    each Federal agency with responsibilities under the National Response
    Plan shall ensure that incident management personnel, emergency
    response providers, and other personnel (including temporary personnel)
    and resources likely needed to respond to a natural disaster, act of
    terrorism, or other manmade disaster are credentialed and typed in
    accordance with this section.
        ``(d) Consultation on Health Care Standards.--In developing
    standards for credentialing health care professionals under this
    section, the Administrator shall consult with the Secretary of Health
    and Human Services.''.
        SEC. 409. MODEL STANDARDS AND GUIDELINES FOR CRITICAL
          INFRASTRUCTURE WORKERS.
        (a) In General.--Title V of the Homeland Security Act of 2002 (6
    U.S.C. 311 et seq.) is amended by adding at the end the following:
        ``SEC. 522. MODEL STANDARDS AND GUIDELINES FOR CRITICAL
          INFRASTRUCTURE WORKERS.
        ``(a) In General.--Not later than 12 months after the date of
    enactment of the Implementing Recommendations of the 9/11 Commission
    Act of 2007, and in coordination with appropriate national professional
    organizations, Federal, State, local, and tribal government agencies,
    and private-sector and nongovernmental entities, the Administrator
    shall establish model standards and guidelines for credentialing
    critical infrastructure workers that may be used by a State to
    credential critical infrastructure workers that may respond to a
    natural disaster, act of terrorism, or other man-made disaster.
        ``(b) Distribution and Assistance.--The Administrator shall provide
    the standards developed under subsection (a), including detailed
    written guidance, to State, local, and tribal governments, and provide
    expertise and technical assistance to aid such governments with
    credentialing critical infrastructure workers that may respond to a
    natural disaster, act of terrorism, or other manmade disaster.''.
        (b) Technical and Conforming Amendment.--The table of contents in
    section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is
    amended by inserting after the item relating to section 521 the
    following:

    ``Sec. 522. Model standards and guidelines for critical infrastructure
              workers.''.
        SEC. 410. AUTHORIZATION OF APPROPRIATIONS.
        There are authorized to be appropriated such sums as necessary to
    carry out this title and the amendments made by this title.

      TITLE V--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE
        FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS
         Subtitle A--Homeland Security Information Sharing Enhancement

        SEC. 501. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION
          SHARING.
        (a) Advisory System and Information Sharing.--
            (1) In general.--Subtitle A of title II of the Homeland
        Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by adding at
        the end the following:
        ``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.
        ``(a) Requirement.--The Secretary shall administer the Homeland
    Security Advisory System in accordance with this section to provide
    advisories or warnings regarding the threat or risk that acts of
    terrorism will be committed on the homeland to Federal, State, local,
    and tribal government authorities and to the people of the United
    States, as appropriate. The Secretary shall exercise primary
    responsibility for providing such advisories or warnings.
        ``(b) Required Elements.--In administering the Homeland Security
    Advisory System, the Secretary shall--
            ``(1) establish criteria for the issuance and revocation of
        such advisories or warnings;
            ``(2) develop a methodology, relying on the criteria
        established under paragraph (1), for the issuance and revocation of
        such advisories or warnings;
            ``(3) provide, in each such advisory or warning, specific
        information and advice regarding appropriate protective measures
        and countermeasures that may be taken in response to the threat or
        risk, at the maximum level of detail practicable to enable
        individuals, government entities, emergency response providers, and
        the private sector to act appropriately;
            ``(4) whenever possible, limit the scope of each such advisory
        or warning to a specific region, locality, or economic sector
        believed to be under threat or at risk; and
            ``(5) not, in issuing any advisory or warning, use color
        designations as the exclusive means of specifying homeland security
        threat conditions that are the subject of the advisory or warning.
        ``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.
        ``(a) Information Sharing.--Consistent with section 1016 of the
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
    485), the Secretary, acting through the Under Secretary for
    Intelligence and Analysis, shall integrate the information and
    standardize the format of the products of the intelligence components
    of the Department containing homeland security information, terrorism
    information, weapons of mass destruction information, or national
    intelligence (as defined in section 3(5) of the National Security Act
    of 1947 (50 U.S.C. 401a(5))) except for any internal security protocols
    or personnel information of such intelligence components, or other
    administrative processes that are administered by any chief security
    officer of the Department.
        ``(b) Information Sharing and Knowledge Management Officers.--For
    each intelligence component of the Department, the Secretary shall
    designate an information sharing and knowledge management officer who
    shall report to the Under Secretary for Intelligence and Analysis
    regarding coordinating the different systems used in the Department to
    gather and disseminate homeland security information or national
    intelligence (as defined in section 3(5) of the National Security Act
    of 1947 (50 U.S.C. 401a(5))).
        ``(c) State, Local, and Private-Sector Sources of Information.--
            ``(1) Establishment of business processes.--The Secretary,
        acting through the Under Secretary for Intelligence and Analysis or
        the Assistant Secretary for Infrastructure Protection, as
        appropriate, shall--
                ``(A) establish Department-wide procedures for the review
            and analysis of information provided by State, local, and
            tribal governments and the private sector;
                ``(B) as appropriate, integrate such information into the
            information gathered by the Department and other departments
            and agencies of the Federal Government; and
                ``(C) make available such information, as appropriate,
            within the Department and to other departments and agencies of
            the Federal Government.
            ``(2) Feedback.--The Secretary shall develop mechanisms to
        provide feedback regarding the analysis and utility of information
        provided by any entity of State, local, or tribal government or the
        private sector that provides such information to the Department.
        ``(d) Training and Evaluation of Employees.--
            ``(1) Training.--The Secretary, acting through the Under
        Secretary for Intelligence and Analysis or the Assistant Secretary
        for Infrastructure Protection, as appropriate, shall provide to
        employees of the Department opportunities for training and
        education to develop an understanding of--
                ``(A) the definitions of homeland security information and
            national intelligence (as defined in section 3(5) of the
            National Security Act of 1947 (50 U.S.C. 401a(5))); and
                ``(B) how information available to such employees as part
            of their duties--
                    ``(i) might qualify as homeland security information or
                national intelligence; and
                    ``(ii) might be relevant to the Office of Intelligence
                and Analysis and the intelligence components of the
                Department.
            ``(2) Evaluations.--The Under Secretary for Intelligence and
        Analysis shall--
                ``(A) on an ongoing basis, evaluate how employees of the
            Office of Intelligence and Analysis and the intelligence
            components of the Department are utilizing homeland security
            information or national intelligence, sharing information
            within the Department, as described in this title, and
            participating in the information sharing environment
            established under section 1016 of the Intelligence Reform and
            Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
                ``(B) provide to the appropriate component heads regular
            reports regarding the evaluations under subparagraph (A).
        ``SEC. 205. COMPREHENSIVE INFORMATION TECHNOLOGY NETWORK
          ARCHITECTURE.
        ``(a) Establishment.--The Secretary, acting through the Under
    Secretary for Intelligence and Analysis, shall establish, consistent
    with the policies and procedures developed under section 1016 of the
    Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
    485), and consistent with the enterprise architecture of the
    Department, a comprehensive information technology network architecture
    for the Office of Intelligence and Analysis that connects the various
    databases and related information technology assets of the Office of
    Intelligence and Analysis and the intelligence components of the
    Department in order to promote internal information sharing among the
    intelligence and other personnel of the Department.
        ``(b) Comprehensive Information Technology Network Architecture
    Defined.--The term `comprehensive information technology network
    architecture' means an integrated framework for evolving or maintaining
    existing information technology and acquiring new information
    technology to achieve the strategic management and information
    resources management goals of the Office of Intelligence and Analysis.
        ``SEC. 206. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.
        ``(a) Guidance.--All activities to comply with sections 203, 204,
    and 205 shall be--
            ``(1) consistent with any policies, guidelines, procedures,
        instructions, or standards established under section 1016 of the
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
        485);
            ``(2) implemented in coordination with, as appropriate, the
        program manager for the information sharing environment established
        under that section;
            ``(3) consistent with any applicable guidance issued by the
        Director of National Intelligence; and
            ``(4) consistent with any applicable guidance issued by the
        Secretary relating to the protection of law enforcement information
        or proprietary information.
        ``(b) Consultation.--In carrying out the duties and
    responsibilities under this subtitle, the Under Secretary for
    Intelligence and Analysis shall take into account the views of the
    heads of the intelligence components of the Department.''.
            (2) Technical and conforming amendments.--
                (A) In general.--Section 201(d) of the Homeland Security
            Act of 2002 (6 U.S.C. 121(d)) is amended--
                    (i) by striking paragraph (7); and
                    (ii) by redesignating paragraphs (8) through (19) as
                paragraphs (7) through (18), respectively.
                (B) Table of contents.--The table of contents in section
            1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
            seq.) is amended by inserting after the item relating to
            section 202 the following:

    ``Sec. 203. Homeland Security Advisory System.
    ``Sec. 204. Homeland security information sharing.
    ``Sec. 205. Comprehensive information technology network architecture.
    ``Sec. 206. Coordination with information sharing environment.''.

        (b) Office of Intelligence and Analysis and Office of
    Infrastructure Protection.--Section 201(d) of the Homeland Security Act
    of 2002 (6 U.S.C. 121(d)) is amended--
            (1) in paragraph (1), by inserting ``, in support of the
        mission responsibilities of the Department and the functions of the
        National Counterterrorism Center established under section 119 of
        the National Security Act of 1947 (50 U.S.C. 404o),'' after ``and
        to integrate such information''; and
            (2) by striking paragraph (7), as redesignated by subsection
        (a)(2)(A)(ii) of this section, and inserting the following:
            ``(7) To review, analyze, and make recommendations for
        improvements to the policies and procedures governing the sharing
        of information within the scope of the information sharing
        environment established under section 1016 of the Intelligence
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485),
        including homeland security information, terrorism information, and
        weapons of mass destruction information, and any policies,
        guidelines, procedures, instructions, or standards established
        under that section.''.
        (c) Report on Comprehensive Information Technology Network
    Architecture.--Not later than 120 days after the date of enactment of
    this Act, the Secretary of Homeland Security shall submit to the
    Committee on Homeland Security and Governmental Affairs of the Senate
    and the Committee on Homeland Security of the House of Representatives
    a report on the progress of the Secretary in developing the
    comprehensive information technology network architecture required
    under section 205 of the Homeland Security Act of 2002, as added by
    subsection (a). The report shall include--
            (1) a description of the priorities for the development of the
        comprehensive information technology network architecture and a
        rationale for such priorities;
            (2) an explanation of how the various components of the
        comprehensive information technology network architecture will work
        together and interconnect;
            (3) a description of the technological challenges that the
        Secretary expects the Office of Intelligence and Analysis will face
        in implementing the comprehensive information technology network
        architecture;
            (4) a description of the technological options that are
        available or are in development that may be incorporated into the
        comprehensive information technology network architecture, the
        feasibility of incorporating such options, and the advantages and
        disadvantages of doing so;
            (5) an explanation of any security protections to be developed
        as part of the comprehensive information technology network
        architecture;
            (6) a description of safeguards for civil liberties and privacy
        to be built into the comprehensive information technology network
        architecture; and
            (7) an operational best practices plan.
        SEC. 502. INTELLIGENCE COMPONENT DEFINED.
        (a) In General.--Section 2 of the Homeland Security Act of 2002 (6
    U.S.C. 101) is amended--
            (1) by redesignating paragraphs (9) through (16) as paragraphs
        (10) through (17), respectively; and
            (2) by inserting after paragraph (8) the following:
            ``(9) The term `intelligence component of the Department' means
        any element or entity of the Department that collects, gathers,
        processes, analyzes, produces, or disseminates intelligence
        information within the scope of the information sharing
        environment, including homeland security information, terrorism
        information, and weapons of mass destruction information, or
        national intelligence, as defined under section 3(5) of the
        National Security Act of 1947 (50 U.S.C. 401a(5)), except--
                ``(A) the United States Secret Service; and
                ``(B) the Coast Guard, when operating under the direct
            authority of the Secretary of Defense or Secretary of the Navy
            pursuant to section 3 of title 14, United States Code, except
            that nothing in this paragraph shall affect or diminish the
            authority and responsibilities of the Commandant of the Coast
            Guard to command or control the Coast Guard as an armed force
            or the authority of the Director of National Intelligence with
            respect to the Coast Guard as an element of the intelligence
            community (as defined under section 3(4) of the National
            Security Act of 1947 (50 U.S.C. 401a(4)).''.
        (b) Receipt of Information From United States Secret Service.--
            (1) In general.--The Under Secretary for Intelligence and
        Analysis shall receive from the United States Secret Service
        homeland security information, terrorism information, weapons of
        mass destruction information (as these terms are defined in Section
        1016 of the Intelligence Reform and Terrorism Prevention Act of
        2004 (6 U.S.C. 485)), or national intelligence, as defined in
        Section 3(5) of the National Security Act of 1947 (50 U.S.C.
        401a(5)), as well as suspect information obtained in criminal
        investigations. The United States Secret Service shall cooperate
        with the Under Secretary for Intelligence and Analysis with respect
        to activities under sections 204 and 205 of the Homeland Security
        Act of 2002.
            (2) Savings clause.--Nothing in this Act shall interfere with
        the operation of Section 3056(g) of Title 18, United States Code,
        or with the authority of the Secretary of Homeland Security or the
        Director of the United States Secret Service regarding the budget
        of the United States Secret Service.
        (c) Technical and Conforming Amendments.--
            (1) Homeland security act of 2002.--Paragraph (13) of section
        501 of the Homeland Security Act of 2002 (6 U.S.C. 311), as
        redesignated by section 401, is amended by striking ``section
        2(10)(B)'' and inserting ``section 2(11)(B)''.
            (2) Other law.--Section 712(a) of title 14, United States Code,
        is amended by striking ``section 2(15) of the Homeland Security Act
        of 2002 (6 U.S.C. 101(15))'' and inserting ``section 2(16) of the
        Homeland Security Act of 2002 (6 U.S.C. 101(16))''.
        SEC. 503. ROLE OF INTELLIGENCE COMPONENTS, TRAINING, AND
          INFORMATION SHARING.
        (a) In General.--Subtitle A of title II of the Homeland Security
    Act of 2002 is further amended by adding at the end the following:
        ``SEC. 207. INTELLIGENCE COMPONENTS.
        ``Subject to the direction and control of the Secretary, and
    consistent with any applicable guidance issued by the Director of
    National Intelligence, the responsibilities of the head of each
    intelligence component of the Department are as follows:
            ``(1) To ensure that the collection, processing, analysis, and
        dissemination of information within the scope of the information
        sharing environment, including homeland security information,
        terrorism information, weapons of mass destruction information, and
        national intelligence (as defined in section 3(5) of the National
        Security Act of 1947 (50 U.S.C. 401a(5))), are carried out
        effectively and efficiently in support of the intelligence mission
        of the Department, as led by the Under Secretary for Intelligence
        and Analysis.
            ``(2) To otherwise support and implement the intelligence
        mission of the Department, as led by the Under Secretary for
        Intelligence and Analysis.
            ``(3) To incorporate the input of the Under Secretary for
        Intelligence and Analysis with respect to performance appraisals,
        bonus or award recommendations, pay adjustments, and other forms of
        commendation.
            ``(4) To coordinate with the Under Secretary for Intelligence
        and Analysis in developing policies and requirements for the
        recruitment and selection of intelligence officials of the
        intelligence component.
            ``(5) To advise and coordinate with the Under Secretary for
        Intelligence and Analysis on any plan to reorganize or restructure
        the intelligence component that would, if implemented, result in
        realignments of intelligence functions.
            ``(6) To ensure that employees of the intelligence component
        have knowledge of, and comply with, the programs and policies
        established by the Under Secretary for Intelligence and Analysis
        and other appropriate officials of the Department and that such
        employees comply with all applicable laws and regulations.
            ``(7) To perform such other activities relating to such
        responsibilities as the Secretary may provide.
        ``SEC. 208. TRAINING FOR EMPLOYEES OF INTELLIGENCE COMPONENTS.
        ``The Secretary shall provide training and guidance for employees,
    officials, and senior executives of the intelligence components of the
    Department to develop knowledge of laws, regulations, operations,
    policies, procedures, and programs that are related to the functions of
    the Department relating to the collection, processing, analysis, and
    dissemination of information within the scope of the information
    sharing environment, including homeland security information, terrorism
    information, and weapons of mass destruction information, or national
    intelligence (as defined in section 3(5) of the National Security Act
    of 1947 (50 U.S.C. 401a(5))).
        ``SEC. 209. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL
          GOVERNMENT OFFICIALS.
        ``(a) Curriculum.--The Secretary, acting through the Under
    Secretary for Intelligence and Analysis, shall--
            ``(1) develop a curriculum for training State, local, and
        tribal government officials, including law enforcement officers,
        intelligence analysts, and other emergency response providers, in
        the intelligence cycle and Federal laws, practices, and regulations
        regarding the development, handling, and review of intelligence and
        other information; and
            ``(2) ensure that the curriculum includes executive level
        training for senior level State, local, and tribal law enforcement
        officers, intelligence analysts, and other emergency response
        providers.
        ``(b) Training.--To the extent possible, the Federal Law
    Enforcement Training Center and other existing Federal entities with
    the capacity and expertise to train State, local, and tribal government
    officials based on the curriculum developed under subsection (a) shall
    be used to carry out the training programs created under this section.
    If such entities do not have the capacity, resources, or capabilities
    to conduct such training, the Secretary may approve another entity to
    conduct such training.
        ``(c) Consultation.--In carrying out the duties described in
    subsection (a), the Under Secretary for Intelligence and Analysis shall
    consult with the Director of the Federal Law Enforcement Training
    Center, the Attorney General, the Director of National Intelligence,
    the Administrator of the Federal Emergency Management Agency, and other
    appropriate parties, such as private industry, institutions of higher
    education, nonprofit institutions, and other intelligence agencies of
    the Federal Government.
        ``SEC. 210. INFORMATION SHARING INCENTIVES.
        ``(a) Awards.--In making cash awards under chapter 45 of title 5,
    United States Code, the President or the head of an agency, in
    consultation with the program manager designated under section 1016 of
    the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
    485), may consider the success of an employee in appropriately sharing
    information within the scope of the information sharing environment
    established under that section, including homeland security
    information, terrorism information, and weapons of mass destruction
    information, or national intelligence (as defined in section 3(5) of
    the National Security Act of 1947 (50 U.S.C. 401a(5)), in a manner
    consistent with any policies, guidelines, procedures, instructions, or
    standards established by the President or, as appropriate, the program
    manager of that environment for the implementation and management of
    that environment.
        ``(b) Other Incentives.--The head of each department or agency
    described in section 1016(i) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the
    program manager designated under section 1016 of the Intelligence
    Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall adopt
    best practices regarding effective ways to educate and motivate
    officers and employees of the Federal Government to participate fully
    in the information sharing environment, including--
            ``(1) promotions and other nonmonetary awards; and
            ``(2) publicizing information sharing accomplishments by
        individual employees and, where appropriate, the tangible end
        benefits that resulted.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended
    further by inserting after the item relating to section 206 the
    following:

    ``Sec. 207. Intelligence components.
    ``Sec. 208. Training for employees of intelligence components.
    ``Sec. 209. Intelligence training development for State and local
              government officials.
    ``Sec. 210. Information sharing incentives.''.
        SEC. 504. INFORMATION SHARING.
        Section 1016 of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (6 U.S.C. 485) is amended--
            (1) in subsection (a)--
                (A) by redesignating paragraphs (1) through (4) as
            paragraphs (2) through (5), respectively;
                (B) by inserting before paragraph (2), as so redesignated,
            the following:
            ``(1) Homeland security information.--The term `homeland
        security information' has the meaning given that term in section
        892(f) of the Homeland Security Act of 2002 (6 U.S.C. 482(f)).'';
                (C) by striking paragraph (3), as so redesignated, and
            inserting the following:
            ``(3) Information sharing environment.--The terms `information
        sharing environment' and `ISE' mean an approach that facilitates
        the sharing of terrorism and homeland security information, which
        may include any method determined necessary and appropriate for
        carrying out this section.'';
                (D) by striking paragraph (5), as so redesignated, and
            inserting the following:
            ``(5) Terrorism information.--The term `terrorism
        information'--
                ``(A) means all information, whether collected, produced,
            or distributed by intelligence, law enforcement, military,
            homeland security, or other activities relating to--
                    ``(i) the existence, organization, capabilities, plans,
                intentions, vulnerabilities, means of finance or material
                support, or activities of foreign or international
                terrorist groups or individuals, or of domestic groups or
                individuals involved in transnational terrorism;
                    ``(ii) threats posed by such groups or individuals to
                the United States, United States persons, or United States
                interests, or to those of other nations;
                    ``(iii) communications of or by such groups or
                individuals; or
                    ``(iv) groups or individuals reasonably believed to be
                assisting or associated with such groups or individuals;
                and
                ``(B) includes weapons of mass destruction information.'';
            and
                (E) by adding at the end the following:
            ``(6) Weapons of mass destruction information.--The term
        `weapons of mass destruction information' means information that
        could reasonably be expected to assist in the development,
        proliferation, or use of a weapon of mass destruction (including a
        chemical, biological, radiological, or nuclear weapon) that could
        be used by a terrorist or a terrorist organization against the
        United States, including information about the location of any
        stockpile of nuclear materials that could be exploited for use in
        such a weapon that could be used by a terrorist or a terrorist
        organization against the United States.'';
            (2) in subsection (b)(2)--
                (A) in subparagraph (H), by striking ``and'' at the end;
                (B) in subparagraph (I), by striking the period at the end
            and inserting a semicolon; and
                (C) by adding at the end the following:
                ``(J) integrates the information within the scope of the
            information sharing environment, including any such information
            in legacy technologies;
                ``(K) integrates technologies, including all legacy
            technologies, through Internet-based services, consistent with
            appropriate security protocols and safeguards, to enable
            connectivity among required users at the Federal, State, and
            local levels;
                ``(L) allows the full range of analytic and operational
            activities without the need to centralize information within
            the scope of the information sharing environment;
                ``(M) permits analysts to collaborate both independently
            and in a group (commonly known as `collective and noncollective
            collaboration'), and across multiple levels of national
            security information and controlled unclassified information;
                ``(N) provides a resolution process that enables changes by
            authorized officials regarding rules and policies for the
            access, use, and retention of information within the scope of
            the information sharing environment; and
                ``(O) incorporates continuous, real-time, and immutable
            audit capabilities, to the maximum extent practicable.'';
            (3) in subsection (f)--
                (A) in paragraph (1)--
                    (i) by striking ``during the two-year period beginning
                on the date of designation under this paragraph unless
                sooner removed from service and replaced'' and inserting
                ``until removed from service or replaced''; and
                    (ii) by striking ``The program manager shall have and
                exercise governmentwide authority.'' and inserting ``The
                program manager, in consultation with the head of any
                affected department or agency, shall have and exercise
                governmentwide authority over the sharing of information
                within the scope of the information sharing environment,
                including homeland security information, terrorism
                information, and weapons of mass destruction information,
                by all Federal departments, agencies, and components,
                irrespective of the Federal department, agency, or
                component in which the program manager may be
                administratively located, except as otherwise expressly
                provided by law.''; and
                (B) in paragraph (2)(A)--
                    (i) by redesignating clause (iii) as clause (v); and
                    (ii) by striking clause (ii) and inserting the
                following:
                    ``(ii) assist in the development of policies, as
                appropriate, to foster the development and proper operation
                of the ISE;
                    ``(iii) consistent with the direction and policies
                issued by the President, the Director of National
                Intelligence, and the Director of the Office of Management
                and Budget, issue governmentwide procedures, guidelines,
                instructions, and functional standards, as appropriate, for
                the management, development, and proper operation of the
                ISE;
                    ``(iv) identify and resolve information sharing
                disputes between Federal departments, agencies, and
                components; and'';
            (4) in subsection (g)--
                (A) in paragraph (1), by striking ``during the two-year
            period beginning on the date of the initial designation of the
            program manager by the President under subsection (f)(1),
            unless sooner removed from service and replaced'' and inserting
            ``until removed from service or replaced'';
                (B) in paragraph (2)--
                    (i) in subparagraph (F), by striking ``and'' at the
                end;
                    (ii) by redesignating subparagraph (G) as subparagraph
                (I); and
                    (iii) by inserting after subparagraph (F) the
                following:
                ``(G) assist the program manager in identifying and
            resolving information sharing disputes between Federal
            departments, agencies, and components;
                ``(H) identify appropriate personnel for assignment to the
            program manager to support staffing needs identified by the
            program manager; and'';
                (C) in paragraph (4), by inserting ``(including any
            subsidiary group of the Information Sharing Council)'' before
            ``shall not be subject''; and
                (D) by adding at the end the following:
            ``(5) Detailees.--Upon a request by the Director of National
        Intelligence, the departments and agencies represented on the
        Information Sharing Council shall detail to the program manager, on
        a reimbursable basis, appropriate personnel identified under
        paragraph (2)(H).'';
            (5) in subsection (h)(1), by striking ``and annually
        thereafter'' and inserting ``and not later than June 30 of each
        year thereafter''; and
            (6) by striking subsection (j) and inserting the following:
        ``(j) Report on the Information Sharing Environment.--
            ``(1) In general.--Not later than 180 days after the date of
        enactment of the Implementing Recommendations of the 9/11
        Commission Act of 2007, the President shall report to the Committee
        on Homeland Security and Governmental Affairs of the Senate, the
        Select Committee on Intelligence of the Senate, the Committee on
        Homeland Security of the House of Representatives, and the
        Permanent Select Committee on Intelligence of the House of
        Representatives on the feasibility of--
                ``(A) eliminating the use of any marking or process
            (including `Originator Control') intended to, or having the
            effect of, restricting the sharing of information within the
            scope of the information sharing environment, including
            homeland security information, terrorism information, and
            weapons of mass destruction information, between and among
            participants in the information sharing environment, unless the
            President has--
                    ``(i) specifically exempted categories of information
                from such elimination; and
                    ``(ii) reported that exemption to the committees of
                Congress described in the matter preceding this
                subparagraph; and
                ``(B) continuing to use Federal agency standards in effect
            on such date of enactment for the collection, sharing, and
            access to information within the scope of the information
            sharing environment, including homeland security information,
            terrorism information, and weapons of mass destruction
            information, relating to citizens and lawful permanent
            residents;
                ``(C) replacing the standards described in subparagraph (B)
            with a standard that would allow mission-based or threat-based
            permission to access or share information within the scope of
            the information sharing environment, including homeland
            security information, terrorism information, and weapons of
            mass destruction information, for a particular purpose that the
            Federal Government, through an appropriate process established
            in consultation with the Privacy and Civil Liberties Oversight
            Board established under section 1061, has determined to be
            lawfully permissible for a particular agency, component, or
            employee (commonly known as an `authorized use' standard); and
                ``(D) the use of anonymized data by Federal departments,
            agencies, or components collecting, possessing, disseminating,
            or handling information within the scope of the information
            sharing environment, including homeland security information,
            terrorism information, and weapons of mass destruction
            information, in any cases in which--
                    ``(i) the use of such information is reasonably
                expected to produce results materially equivalent to the
                use of information that is transferred or stored in a non-
                anonymized form; and
                    ``(ii) such use is consistent with any mission of that
                department, agency, or component (including any mission
                under a Federal statute or directive of the President) that
                involves the storage, retention, sharing, or exchange of
                personally identifiable information.
            ``(2) Definition.--In this subsection, the term `anonymized
        data' means data in which the individual to whom the data pertains
        is not identifiable with reasonable efforts, including information
        that has been encrypted or hidden through the use of other
        technology.
        ``(k) Additional Positions.--The program manager is authorized to
    hire not more than 40 full-time employees to assist the program manager
    in--
            ``(1) activities associated with the implementation of the
        information sharing environment, including--
                ``(A) implementing the requirements under subsection
            (b)(2); and
                ``(B) any additional implementation initiatives to enhance
            and expedite the creation of the information sharing
            environment; and
            ``(2) identifying and resolving information sharing disputes
        between Federal departments, agencies, and components under
        subsection (f)(2)(A)(iv).
        ``(l) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $30,000,000 for each of fiscal
    years 2008 and 2009.''.

         Subtitle B--Homeland Security Information Sharing Partnerships

        SEC. 511. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND
          REGIONAL FUSION CENTER INITIATIVE.
        (a) In General.--Subtitle A of title II of the Homeland Security
    Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the
    end the following:
    ``SEC. 210A. DEPARTMENT OF HOMELAND SECURITY STATE, LOCAL, AND REGIONAL
    FUSION CENTER INITIATIVE.
        ``(a) Establishment.--The Secretary, in consultation with the
    program manager of the information sharing environment established
    under section 1016 of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer
    of the Department, the Officer for Civil Rights and Civil Liberties of
    the Department, and the Privacy and Civil Liberties Oversight Board
    established under section 1061 of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a
    Department of Homeland Security State, Local, and Regional Fusion
    Center Initiative to establish partnerships with State, local, and
    regional fusion centers.
        ``(b) Department Support and Coordination.--Through the Department
    of Homeland Security State, Local, and Regional Fusion Center
    Initiative, and in coordination with the principal officials of
    participating State, local, or regional fusion centers and the officers
    designated as the Homeland Security Advisors of the States, the
    Secretary shall--
            ``(1) provide operational and intelligence advice and
        assistance to State, local, and regional fusion centers;
            ``(2) support efforts to include State, local, and regional
        fusion centers into efforts to establish an information sharing
        environment;
            ``(3) conduct tabletop and live training exercises to regularly
        assess the capability of individual and regional networks of State,
        local, and regional fusion centers to integrate the efforts of such
        networks with the efforts of the Department;
            ``(4) coordinate with other relevant Federal entities engaged
        in homeland security-related activities;
            ``(5) provide analytic and reporting advice and assistance to
        State, local, and regional fusion centers;
            ``(6) review information within the scope of the information
        sharing environment, including homeland security information,
        terrorism information, and weapons of mass destruction information,
        that is gathered by State, local, and regional fusion centers, and
        to incorporate such information, as appropriate, into the
        Department's own such information;
            ``(7) provide management assistance to State, local, and
        regional fusion centers;
            ``(8) serve as a point of contact to ensure the dissemination
        of information within the scope of the information sharing
        environment, including homeland security information, terrorism
        information, and weapons of mass destruction information;
            ``(9) facilitate close communication and coordination between
        State, local, and regional fusion centers and the Department;
            ``(10) provide State, local, and regional fusion centers with
        expertise on Department resources and operations;
            ``(11) provide training to State, local, and regional fusion
        centers and encourage such fusion centers to participate in
        terrorism threat-related exercises conducted by the Department; and
            ``(12) carry out such other duties as the Secretary determines
        are appropriate.
        ``(c) Personnel Assignment.--
            ``(1) In general.--The Under Secretary for Intelligence and
        Analysis shall, to the maximum extent practicable, assign officers
        and intelligence analysts from components of the Department to
        participating State, local, and regional fusion centers.
            ``(2) Personnel sources.--Officers and intelligence analysts
        assigned to participating fusion centers under this subsection may
        be assigned from the following Department components, in
        coordination with the respective component head and in consultation
        with the principal officials of participating fusion centers:
                ``(A) Office of Intelligence and Analysis.
                ``(B) Office of Infrastructure Protection.
                ``(C) Transportation Security Administration.
                ``(D) United States Customs and Border Protection.
                ``(E) United States Immigration and Customs Enforcement.
                ``(F) United States Coast Guard.
                ``(G) Other components of the Department, as determined by
            the Secretary.
            ``(3) Qualifying criteria.--
                ``(A) In general.--The Secretary shall develop qualifying
            criteria for a fusion center to participate in the assigning of
            Department officers or intelligence analysts under this
            section.
                ``(B) Criteria.--Any criteria developed under subparagraph
            (A) may include--
                    ``(i) whether the fusion center, through its mission
                and governance structure, focuses on a broad
                counterterrorism approach, and whether that broad approach
                is pervasive through all levels of the organization;
                    ``(ii) whether the fusion center has sufficient numbers
                of adequately trained personnel to support a broad
                counterterrorism mission;
                    ``(iii) whether the fusion center has--

                        ``(I) access to relevant law enforcement, emergency
                    response, private sector, open source, and national
                    security data; and
                        ``(II) the ability to share and analytically
                    utilize that data for lawful purposes;

                    ``(iv) whether the fusion center is adequately funded
                by the State, local, or regional government to support its
                counterterrorism mission; and
                    ``(v) the relevancy of the mission of the fusion center
                to the particular source component of Department officers
                or intelligence analysts.
            ``(4) Prerequisite.--
                ``(A) Intelligence analysis, privacy, and civil liberties
            training.--Before being assigned to a fusion center under this
            section, an officer or intelligence analyst shall undergo--
                    ``(i) appropriate intelligence analysis or information
                sharing training using an intelligence-led policing
                curriculum that is consistent with--

                        ``(I) standard training and education programs
                    offered to Department law enforcement and intelligence
                    personnel; and
                        ``(II) the Criminal Intelligence Systems Operating
                    Policies under part 23 of title 28, Code of Federal
                    Regulations (or any corresponding similar rule or
                    regulation);

                    ``(ii) appropriate privacy and civil liberties training
                that is developed, supported, or sponsored by the Privacy
                Officer appointed under section 222 and the Officer for
                Civil Rights and Civil Liberties of the Department, in
                consultation with the Privacy and Civil Liberties Oversight
                Board established under section 1061 of the Intelligence
                Reform and Terrorism Prevention Act of 2004 (5 U.S.C. 601
                note); and
                    ``(iii) such other training prescribed by the Under
                Secretary for Intelligence and Analysis.
                ``(B) Prior work experience in area.--In determining the
            eligibility of an officer or intelligence analyst to be
            assigned to a fusion center under this section, the Under
            Secretary for Intelligence and Analysis shall consider the
            familiarity of the officer or intelligence analyst with the
            State, locality, or region, as determined by such factors as
            whether the officer or intelligence analyst--
                    ``(i) has been previously assigned in the geographic
                area; or
                    ``(ii) has previously worked with intelligence
                officials or law enforcement or other emergency response
                providers from that State, locality, or region.
            ``(5) Expedited security clearance processing.--The Under
        Secretary for Intelligence and Analysis--
                ``(A) shall ensure that each officer or intelligence
            analyst assigned to a fusion center under this section has the
            appropriate security clearance to contribute effectively to the
            mission of the fusion center; and
                ``(B) may request that security clearance processing be
            expedited for each such officer or intelligence analyst and may
            use available funds for such purpose.
            ``(6) Further qualifications.--Each officer or intelligence
        analyst assigned to a fusion center under this section shall
        satisfy any other qualifications the Under Secretary for
        Intelligence and Analysis may prescribe.
        ``(d) Responsibilities.--An officer or intelligence analyst
    assigned to a fusion center under this section shall--
            ``(1) assist law enforcement agencies and other emergency
        response providers of State, local, and tribal governments and
        fusion center personnel in using information within the scope of
        the information sharing environment, including homeland security
        information, terrorism information, and weapons of mass destruction
        information, to develop a comprehensive and accurate threat
        picture;
            ``(2) review homeland security-relevant information from law
        enforcement agencies and other emergency response providers of
        State, local, and tribal government;
            ``(3) create intelligence and other information products
        derived from such information and other homeland security-relevant
        information provided by the Department; and
            ``(4) assist in the dissemination of such products, as
        coordinated by the Under Secretary for Intelligence and Analysis,
        to law enforcement agencies and other emergency response providers
        of State, local, and tribal government, other fusion centers, and
        appropriate Federal agencies.
        ``(e) Border Intelligence Priority.--
            ``(1) In general.--The Secretary shall make it a priority to
        assign officers and intelligence analysts under this section from
        United States Customs and Border Protection, United States
        Immigration and Customs Enforcement, and the Coast Guard to
        participating State, local, and regional fusion centers located in
        jurisdictions along land or maritime borders of the United States
        in order to enhance the integrity of and security at such borders
        by helping Federal, State, local, and tribal law enforcement
        authorities to identify, investigate, and otherwise interdict
        persons, weapons, and related contraband that pose a threat to
        homeland security.
            ``(2) Border intelligence products.--When performing the
        responsibilities described in subsection (d), officers and
        intelligence analysts assigned to participating State, local, and
        regional fusion centers under this section shall have, as a primary
        responsibility, the creation of border intelligence products that--
                ``(A) assist State, local, and tribal law enforcement
            agencies in deploying their resources most efficiently to help
            detect and interdict terrorists, weapons of mass destruction,
            and related contraband at land or maritime borders of the
            United States;
                ``(B) promote more consistent and timely sharing of border
            security-relevant information among jurisdictions along land or
            maritime borders of the United States; and
                ``(C) enhance the Department's situational awareness of the
            threat of acts of terrorism at or involving the land or
            maritime borders of the United States.
        ``(f) Database Access.--In order to fulfill the objectives
    described under subsection (d), each officer or intelligence analyst
    assigned to a fusion center under this section shall have appropriate
    access to all relevant Federal databases and information systems,
    consistent with any policies, guidelines, procedures, instructions, or
    standards established by the President or, as appropriate, the program
    manager of the information sharing environment for the implementation
    and management of that environment.
        ``(g) Consumer Feedback.--
            ``(1) In general.--The Secretary shall create a voluntary
        mechanism for any State, local, or tribal law enforcement officer
        or other emergency response provider who is a consumer of the
        intelligence or other information products referred to in
        subsection (d) to provide feedback to the Department on the quality
        and utility of such intelligence products.
            ``(2) Report.--Not later than one year after the date of the
        enactment of the Implementing Recommendations of the 9/11
        Commission Act of 2007, and annually thereafter, the Secretary
        shall submit to the Committee on Homeland Security and Governmental
        Affairs of the Senate and the Committee on Homeland Security of the
        House of Representatives a report that includes a description of
        the consumer feedback obtained under paragraph (1) and, if
        applicable, how the Department has adjusted its production of
        intelligence products in response to that consumer feedback.
        ``(h) Rule of Construction.--
            ``(1) In general.--The authorities granted under this section
        shall supplement the authorities granted under section 201(d) and
        nothing in this section shall be construed to abrogate the
        authorities granted under section 201(d).
            ``(2) Participation.--Nothing in this section shall be
        construed to require a State, local, or regional government or
        entity to accept the assignment of officers or intelligence
        analysts of the Department into the fusion center of that State,
        locality, or region.
        ``(i) Guidelines.--The Secretary, in consultation with the Attorney
    General, shall establish guidelines for fusion centers created and
    operated by State and local governments, to include standards that any
    such fusion center shall--
            ``(1) collaboratively develop a mission statement, identify
        expectations and goals, measure performance, and determine
        effectiveness for that fusion center;
            ``(2) create a representative governance structure that
        includes law enforcement officers and other emergency response
        providers and, as appropriate, the private sector;
            ``(3) create a collaborative environment for the sharing of
        intelligence and information among Federal, State, local, and
        tribal government agencies (including law enforcement officers and
        other emergency response providers), the private sector, and the
        public, consistent with any policies, guidelines, procedures,
        instructions, or standards established by the President or, as
        appropriate, the program manager of the information sharing
        environment;
            ``(4) leverage the databases, systems, and networks available
        from public and private sector entities, in accordance with all
        applicable laws, to maximize information sharing;
            ``(5) develop, publish, and adhere to a privacy and civil
        liberties policy consistent with Federal, State, and local law;
            ``(6) provide, in coordination with the Privacy Officer of the
        Department and the Officer for Civil Rights and Civil Liberties of
        the Department, appropriate privacy and civil liberties training
        for all State, local, tribal, and private sector representatives at
        the fusion center;
            ``(7) ensure appropriate security measures are in place for the
        facility, data, and personnel;
            ``(8) select and train personnel based on the needs, mission,
        goals, and functions of that fusion center;
            ``(9) offer a variety of intelligence and information services
        and products to recipients of fusion center intelligence and
        information; and
            ``(10) incorporate law enforcement officers, other emergency
        response providers, and, as appropriate, the private sector, into
        all relevant phases of the intelligence and fusion process,
        consistent with the mission statement developed under paragraph
        (1), either through full time representatives or liaison
        relationships with the fusion center to enable the receipt and
        sharing of information and intelligence.
        ``(j) Definitions.--In this section--
            ``(1) the term `fusion center' means a collaborative effort of
        2 or more Federal, State, local, or tribal government agencies that
        combines resources, expertise, or information with the goal of
        maximizing the ability of such agencies to detect, prevent,
        investigate, apprehend, and respond to criminal or terrorist
        activity;
            ``(2) the term `information sharing environment' means the
        information sharing environment established under section 1016 of
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6
        U.S.C. 485);
            ``(3) the term `intelligence analyst' means an individual who
        regularly advises, administers, supervises, or performs work in the
        collection, gathering, analysis, evaluation, reporting, production,
        or dissemination of information on political, economic, social,
        cultural, physical, geographical, scientific, or military
        conditions, trends, or forces in foreign or domestic areas that
        directly or indirectly affect national security;
            ``(4) the term `intelligence-led policing' means the collection
        and analysis of information to produce an intelligence end product
        designed to inform law enforcement decision making at the tactical
        and strategic levels; and
            ``(5) the term `terrorism information' has the meaning given
        that term in section 1016 of the Intelligence Reform and Terrorism
        Prevention Act of 2004 (6 U.S.C. 485).
        ``(k) Authorization of Appropriations.--There is authorized to be
    appropriated $10,000,000 for each of fiscal years 2008 through 2012, to
    carry out this section, except for subsection (i), including for hiring
    officers and intelligence analysts to replace officers and intelligence
    analysts who are assigned to fusion centers under this section.''.
        (b) Training for Predeployed Officers and Analysts.--An officer or
    analyst assigned to a fusion center by the Secretary of Homeland
    Security before the date of the enactment of this Act shall undergo the
    training described in section 210A(c)(4)(A) of the Homeland Security
    Act of 2002, as added by subsection (a), by not later than 6 months
    after such date.
        (c) Technical and Conforming Amendment.--The table of contents in
    section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
    seq.) is further amended by inserting after the item relating to
    section 210 the following:

    ``Sec. 210A. Department of Homeland Security State, Local, and Regional
              Information Fusion Center Initiative.''.

        (d) Reports.--
            (1) Concept of operations.--Not later than 90 days after the
        date of enactment of this Act and before the Department of Homeland
        Security State, Local, and Regional Fusion Center Initiative under
        section 210A of the Homeland Security Act of 2002, as added by
        subsection (a), (in this section referred to as the ``program'')
        has been implemented, the Secretary, in consultation with the
        Privacy Officer of the Department, the Officer for Civil Rights and
        Civil Liberties of the Department, and the Privacy and Civil
        Liberties Oversight Board established under section 1061 of the
        Intelligence Reform and Terrorism Prevention Act of 2004 (5 U.S.C.
        601 note), shall submit to the Committee on Homeland Security and
        Governmental Affairs of the Senate and the Committee on Homeland
        Security of the House of Representatives a report that contains a
        concept of operations for the program, which shall--
                (A) include a clear articulation of the purposes, goals,
            and specific objectives for which the program is being
            developed;
                (B) identify stakeholders in the program and provide an
            assessment of their needs;
                (C) contain a developed set of quantitative metrics to
            measure, to the extent possible, program output;
                (D) contain a developed set of qualitative instruments
            (including surveys and expert interviews) to assess the extent
            to which stakeholders believe their needs are being met; and
                (E) include a privacy and civil liberties impact
            assessment.
            (2) Privacy and civil liberties.--Not later than 1 year after
        the date of the enactment of this Act, the Privacy Officer of the
        Department of Homeland Security and the Officer for Civil Liberties
        and Civil Rights of the Department of Homeland Security, consistent
        with any policies of the Privacy and Civil Liberties Oversight
        Board established under section 1061 of the Intelligence Reform and
        Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit
        to the Committee on Homeland Security and Governmental Affairs of
        the Senate and the Committee on Homeland Security of the House of
        Representatives, the Secretary of Homeland Security, the Under
        Secretary of Homeland Security for Intelligence and Analysis, and
        the Privacy and Civil Liberties Oversight Board a report on the
        privacy and civil liberties impact of the program.
        SEC. 512. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
        (a) Establishment of Program.--Subtitle A of title II of the
    Homeland Security Act of 2002 (6 U.S.C. 121 et seq.) is further amended
    by adding at the end the following:
    ``SEC. 210B. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.
        ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through the Under
        Secretary for Intelligence and Analysis, and in consultation with
        the Chief Human Capital Officer, shall establish a fellowship
        program in accordance with this section for the purpose of--
                ``(A) detailing State, local, and tribal law enforcement
            officers and intelligence analysts to the Department in
            accordance with subchapter VI of chapter 33 of title 5, United
            States Code, to participate in the work of the Office of
            Intelligence and Analysis in order to become familiar with--
                    ``(i) the relevant missions and capabilities of the
                Department and other Federal agencies; and
                    ``(ii) the role, programs, products, and personnel of
                the Office of Intelligence and Analysis; and
                ``(B) promoting information sharing between the Department
            and State, local, and tribal law enforcement officers and
            intelligence analysts by assigning such officers and analysts
            to--
                    ``(i) serve as a point of contact in the Department to
                assist in the representation of State, local, and tribal
                information requirements;
                    ``(ii) identify information within the scope of the
                information sharing environment, including homeland
                security information, terrorism information, and weapons of
                mass destruction information, that is of interest to State,
                local, and tribal law enforcement officers, intelligence
                analysts, and other emergency response providers;
                    ``(iii) assist Department analysts in preparing and
                disseminating products derived from information within the
                scope of the information sharing environment, including
                homeland security information, terrorism information, and
                weapons of mass destruction information, that are tailored
                to State, local, and tribal law enforcement officers and
                intelligence analysts and designed to prepare for and
                thwart acts of terrorism; and
                    ``(iv) assist Department analysts in preparing products
                derived from information within the scope of the
                information sharing environment, including homeland
                security information, terrorism information, and weapons of
                mass destruction information, that are tailored to State,
                local, and tribal emergency response providers and assist
                in the dissemination of such products through appropriate
                Department channels.
            ``(2) Program name.--The program under this section shall be
        known as the `Homeland Security Information Sharing Fellows
        Program'.
        ``(b) Eligibility.--
            ``(1) In general.--In order to be eligible for selection as an
        Information Sharing Fellow under the program under this section, an
        individual shall--
                ``(A) have homeland security-related responsibilities;
                ``(B) be eligible for an appropriate security clearance;
                ``(C) possess a valid need for access to classified
            information, as determined by the Under Secretary for
            Intelligence and Analysis;
                ``(D) be an employee of an eligible entity; and
                ``(E) have undergone appropriate privacy and civil
            liberties training that is developed, supported, or sponsored
            by the Privacy Officer and the Officer for Civil Rights and
            Civil Liberties, in consultation with the Privacy and Civil
            Liberties Oversight Board established under section 1061 of the
            Intelligence Reform and Terrorism Prevention Act of 2004 (5
            U.S.C. 601 note).
            ``(2) Eligible entities.--In this subsection, the term
        `eligible entity' means--
                ``(A) a State, local, or regional fusion center;
                ``(B) a State or local law enforcement or other government
            entity that serves a major metropolitan area, suburban area, or
            rural area, as determined by the Secretary;
                ``(C) a State or local law enforcement or other government
            entity with port, border, or agricultural responsibilities, as
            determined by the Secretary;
                ``(D) a tribal law enforcement or other authority; or
                ``(E) such other entity as the Secretary determines is
            appropriate.
        ``(c) Optional Participation.--No State, local, or tribal law
    enforcement or other government entity shall be required to participate
    in the Homeland Security Information Sharing Fellows Program.
        ``(d) Procedures for Nomination and Selection.--
            ``(1) In general.--The Under Secretary for Intelligence and
        Analysis shall establish procedures to provide for the nomination
        and selection of individuals to participate in the Homeland
        Security Information Sharing Fellows Program.
            ``(2) Limitations.--The Under Secretary for Intelligence and
        Analysis shall--
                ``(A) select law enforcement officers and intelligence
            analysts representing a broad cross-section of State, local,
            and tribal agencies; and
                ``(B) ensure that the number of Information Sharing Fellows
            selected does not impede the activities of the Office of
            Intelligence and Analysis.''.
        (b) Technical and Conforming Amendment.--The table of contents in
    section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et
    seq.) is further amended by inserting after the item relating to
    section 210A the following:

    ``Sec. 210B. Homeland Security Information Sharing Fellows Program.''.

        (c) Reports.--
            (1) Concept of operations.--Not later than 90 days after the
        date of enactment of this Act, and before the implementation of the
        Homeland Security Information Sharing Fellows Program under section
        210B of the Homeland Security Act of 2002, as added by subsection
        (a), (in this section referred to as the ``Program'') the
        Secretary, in consultation with the Privacy Officer of the
        Department, the Officer for Civil Rights and Civil Liberties of the
        Department, and the Privacy and Civil Liberties Oversight Board
        established under section 1061 of the Intelligence Reform and
        Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), shall submit
        to the Committee on Homeland Security and Governmental Affairs of
        the Senate and the Committee on Homeland Security of the House of
        Representatives a report that contains a concept of operations for
        the Program, which shall include a privacy and civil liberties
        impact assessment.
            (2) Review of privacy impact.--Not later than 1 year after the
        date on which the program is implemented, the Privacy Officer of
        the Department and the Officer for Civil Rights and Civil Liberties
        of the Department, consistent with any policies of the Privacy and
        Civil Liberties Oversight Board established under section 1061 of
        the Intelligence Reform and Terrorism Prevention Act of 2004 (5
        U.S.C. 601 note), shall submit to the Committee on Homeland
        Security and Governmental Affairs of the Senate and the Committee
        on Homeland Security of the House of Representatives, the Secretary
        of Homeland Security, the Under Secretary of Homeland Security for
        Intelligence and Analysis, and the Privacy and Civil Liberties
        Oversight Board, a report on the privacy and civil liberties impact
        of the program.
        SEC. 513. RURAL POLICING INSTITUTE.
        (a) Establishment.--Subtitle A of title II of the Homeland Security
    Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the
    end the following:
    ``SEC. 210C. RURAL POLICING INSTITUTE.
        ``(a) In General.--The Secretary shall establish a Rural Policing
    Institute, which shall be administered by the Federal Law Enforcement
    Training Center, to target training to law enforcement agencies and
    other emergency response providers located in rural areas. The
    Secretary, through the Rural Policing Institute, shall--
            ``(1) evaluate the needs of law enforcement agencies and other
        emergency response providers in rural areas;
            ``(2) develop expert training programs designed to address the
        needs of law enforcement agencies and other emergency response
        providers in rural areas as identified in the evaluation conducted
        under paragraph (1), including training programs about
        intelligence-led policing and protections for privacy, civil
        rights, and civil liberties;
            ``(3) provide the training programs developed under paragraph
        (2) to law enforcement agencies and other emergency response
        providers in rural areas; and
            ``(4) conduct outreach efforts to ensure that local and tribal
        governments in rural areas are aware of the training programs
        developed under paragraph (2) so they can avail themselves of such
        programs.
        ``(b) Curricula.--The training at the Rural Policing Institute
    established under subsection (a) shall--
            ``(1) be configured in a manner so as not to duplicate or
        displace any law enforcement or emergency response program of the
        Federal Law Enforcement Training Center or a local or tribal
        government entity in existence on the date of enactment of the
        Implementing Recommendations of the 9/11 Commission Act of 2007;
        and
            ``(2) to the maximum extent practicable, be delivered in a
        cost-effective manner at facilities of the Department, on closed
        military installations with adequate training facilities, or at
        facilities operated by the participants.
        ``(c) Definition.--In this section, the term `rural' means an area
    that is not located in a metropolitan statistical area, as defined by
    the Office of Management and Budget.
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section (including for contracts, staff,
    and equipment)--
            ``(1) $10,000,000 for fiscal year 2008; and
            ``(2) $5,000,000 for each of fiscal years 2009 through 2013.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    such Act is further amended by inserting after the item relating to
    section 210B the following:

    ``Sec. 210C. Rural Policing Institute.''.

        Subtitle C--Interagency Threat Assessment and Coordination Group

        SEC. 521. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
        (a) Establishment.--Subtitle A of title II of the Homeland Security
    Act of 2002 (6 U.S.C. 121 et seq.) is further amended by adding at the
    end the following:
    ``SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
        ``(a) In General.--To improve the sharing of information within the
    scope of the information sharing environment established under section
    1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6
    U.S.C. 485) with State, local, tribal, and private sector officials,
    the Director of National Intelligence, through the program manager for
    the information sharing environment, in coordination with the
    Secretary, shall coordinate and oversee the creation of an Interagency
    Threat Assessment and Coordination Group (referred to in this section
    as the `ITACG').
        ``(b) Composition of ITACG.--The ITACG shall consist of--
            ``(1) an ITACG Advisory Council to set policy and develop
        processes for the integration, analysis, and dissemination of
        federally-coordinated information within the scope of the
        information sharing environment, including homeland security
        information, terrorism information, and weapons of mass destruction
        information; and
            ``(2) an ITACG Detail comprised of State, local, and tribal
        homeland security and law enforcement officers and intelligence
        analysts detailed to work in the National Counterterrorism Center
        with Federal intelligence analysts for the purpose of integrating,
        analyzing, and assisting in the dissemination of federally-
        coordinated information within the scope of the information sharing
        environment, including homeland security information, terrorism
        information, and weapons of mass destruction information, through
        appropriate channels identified by the ITACG Advisory Council.
        ``(c) Responsibilities of Program Manager.--The program manager, in
    consultation with the Information Sharing Council, shall--
            ``(1) monitor and assess the efficacy of the ITACG; and
            ``(2) not later than 180 days after the date of the enactment
        of the Implementing Recommendations of the 9/11 Commission Act of
        2007, and at least annually thereafter, submit to the Secretary,
        the Attorney General, the Director of National Intelligence, the
        Committee on Homeland Security and Governmental Affairs of the
        Senate and the Committee on Homeland Security of the House of
        Representatives a report on the progress of the ITACG.
        ``(d) Responsibilities of Secretary.--The Secretary, or the
    Secretary's designee, in coordination with the Director of the National
    Counterterrorism Center and the ITACG Advisory Council, shall--
            ``(1) create policies and standards for the creation of
        information products derived from information within the scope of
        the information sharing environment, including homeland security
        information, terrorism information, and weapons of mass destruction
        information, that are suitable for dissemination to State, local,
        and tribal governments and the private sector;
            ``(2) evaluate and develop processes for the timely
        dissemination of federally-coordinated information within the scope
        of the information sharing environment, including homeland security
        information, terrorism information, and weapons of mass destruction
        information, to State, local, and tribal governments and the
        private sector;
            ``(3) establish criteria and a methodology for indicating to
        State, local, and tribal governments and the private sector the
        reliability of information within the scope of the information
        sharing environment, including homeland security information,
        terrorism information, and weapons of mass destruction information,
        disseminated to them;
            ``(4) educate the intelligence community about the requirements
        of the State, local, and tribal homeland security, law enforcement,
        and other emergency response providers regarding information within
        the scope of the information sharing environment, including
        homeland security information, terrorism information, and weapons
        of mass destruction information;
            ``(5) establish and maintain the ITACG Detail, which shall
        assign an appropriate number of State, local, and tribal homeland
        security and law enforcement officers and intelligence analysts to
        work in the National Counterterrorism Center who shall--
                ``(A) educate and advise National Counterterrorism Center
            intelligence analysts about the requirements of the State,
            local, and tribal homeland security and law enforcement
            officers, and other emergency response providers regarding
            information within the scope of the information sharing
            environment, including homeland security information, terrorism
            information, and weapons of mass destruction information;
                ``(B) assist National Counterterrorism Center intelligence
            analysts in integrating, analyzing, and otherwise preparing
            versions of products derived from information within the scope
            of the information sharing environment, including homeland
            security information, terrorism information, and weapons of
            mass destruction information that are unclassified or
            classified at the lowest possible level and suitable for
            dissemination to State, local, and tribal homeland security and
            law enforcement agencies in order to help deter and prevent
            terrorist attacks;
                ``(C) implement, in coordination with National
            Counterterrorism Center intelligence analysts, the policies,
            processes, procedures, standards, and guidelines developed by
            the ITACG Advisory Council;
                ``(D) assist in the dissemination of products derived from
            information within the scope of the information sharing
            environment, including homeland security information, terrorism
            information, and weapons of mass destruction information, to
            State, local, and tribal jurisdictions only through appropriate
            channels identified by the ITACG Advisory Council; and
                ``(E) report directly to the senior intelligence official
            from the Department under paragraph (6);
            ``(6) detail a senior intelligence official from the Department
        of Homeland Security to the National Counterterrorism Center, who
        shall--
                ``(A) manage the day-to-day operations of the ITACG Detail;
                ``(B) report directly to the Director of the National
            Counterterrorism Center or the Director's designee; and
                ``(C) in coordination with the Director of the Federal
            Bureau of Investigation, and subject to the approval of the
            Director of the National Counterterrorism Center, select a
            deputy from the pool of available detailees from the Federal
            Bureau of Investigation in the National Counterterrorism
            Center; and
            ``(7) establish, within the ITACG Advisory Council, a mechanism
        to select law enforcement officers and intelligence analysts for
        placement in the National Counterterrorism Center consistent with
        paragraph (5), using criteria developed by the ITACG Advisory
        Council that shall encourage participation from a broadly
        representative group of State, local, and tribal homeland security
        and law enforcement agencies.
        ``(e) Membership.--The Secretary, or the Secretary's designee,
    shall serve as the chair of the ITACG Advisory Council, which shall
    include--
            ``(1) representatives of--
                ``(A) the Department;
                ``(B) the Federal Bureau of Investigation;
                ``(C) the National Counterterrorism Center;
                ``(D) the Department of Defense;
                ``(E) the Department of Energy;
                ``(F) the Department of State; and
                ``(G) other Federal entities as appropriate;
            ``(2) the program manager of the information sharing
        environment, designated under section 1016(f) of the Intelligence
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)), or
        the program manager's designee; and
            ``(3) executive level law enforcement and intelligence
        officials from State, local, and tribal governments.
        ``(f) Criteria.--The Secretary, in consultation with the Director
    of National Intelligence, the Attorney General, and the program manager
    of the information sharing environment established under section 1016
    of the Intelligence Reform and Terrorism Prevention Act of 2004 (6
    U.S.C. 485), shall--
            ``(1) establish procedures for selecting members of the ITACG
        Advisory Council and for the proper handling and safeguarding of
        products derived from information within the scope of the
        information sharing environment, including homeland security
        information, terrorism information, and weapons of mass destruction
        information, by those members; and
            ``(2) ensure that at least 50 percent of the members of the
        ITACG Advisory Council are from State, local, and tribal
        governments.
        ``(g) Operations.--
            ``(1) In general.--Beginning not later than 90 days after the
        date of enactment of the Implementing Recommendations of the 9/11
        Commission Act of 2007, the ITACG Advisory Council shall meet
        regularly, but not less than quarterly, at the facilities of the
        National Counterterrorism Center of the Office of the Director of
        National Intelligence.
            ``(2) Management.--Pursuant to section 119(f)(E) of the
        National Security Act of 1947 (50 U.S.C. 404o(f)(E)), the Director
        of the National Counterterrorism Center, acting through the senior
        intelligence official from the Department of Homeland Security
        detailed pursuant to subsection (d)(6), shall ensure that--
                ``(A) the products derived from information within the
            scope of the information sharing environment, including
            homeland security information, terrorism information, and
            weapons of mass destruction information, prepared by the
            National Counterterrorism Center and the ITACG Detail for
            distribution to State, local, and tribal homeland security and
            law enforcement agencies reflect the requirements of such
            agencies and are produced consistently with the policies,
            processes, procedures, standards, and guidelines established by
            the ITACG Advisory Council;
                ``(B) in consultation with the ITACG Advisory Council and
            consistent with sections 102A(f)(1)(B)(iii) and 119(f)(E) of
            the National Security Act of 1947 (50 U.S.C. 402 et seq.), all
            products described in subparagraph (A) are disseminated through
            existing channels of the Department and the Department of
            Justice and other appropriate channels to State, local, and
            tribal government officials and other entities;
                ``(C) all detailees under subsection (d)(5) have
            appropriate access to all relevant information within the scope
            of the information sharing environment, including homeland
            security information, terrorism information, and weapons of
            mass destruction information, available at the National
            Counterterrorism Center in order to accomplish the objectives
            under that paragraph;
                ``(D) all detailees under subsection (d)(5) have the
            appropriate security clearances and are trained in the
            procedures for handling, processing, storing, and disseminating
            classified products derived from information within the scope
            of the information sharing environment, including homeland
            security information, terrorism information, and weapons of
            mass destruction information; and
                ``(E) all detailees under subsection (d)(5) complete
            appropriate privacy and civil liberties training.
        ``(h) Inapplicability of the Federal Advisory Committee Act.--The
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
    ITACG or any subsidiary groups thereof.
        ``(i) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary for each of fiscal years
    2008 through 2012 to carry out this section, including to obtain
    security clearances for the State, local, and tribal participants in
    the ITACG.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    such Act is amended by inserting after the item relating to section
    210C the following:

    ``Sec. 210D. Interagency Threat Assessment and Coordination Group.''.

        (c) Privacy and Civil Liberties Impact Assessment.--Not later than
    90 days after the date of the enactment of this Act, the Privacy
    Officer and the Officer for Civil Rights and Civil Liberties of the
    Department of Homeland Security and the Chief Privacy and Civil
    Liberties Officer for the Department of Justice, in consultation with
    the Civil Liberties Protection Officer of the Office of the Director of
    National Intelligence, shall submit to the Secretary of Homeland
    Security, the Director of the Federal Bureau of Investigation, the
    Attorney General, the Director of the National Counterterrorism Center,
    the Director of National Intelligence, the Privacy and Civil Liberties
    Oversight Board, and the Committee on Homeland Security and
    Governmental Affairs of the Senate, the Committee on Homeland Security
    of the House of Representatives, the Select Committee on Intelligence
    of the Senate, and the Permanent Select Committee on Intelligence of
    the House of Representatives, a privacy and civil liberties impact
    assessment of the Interagency Threat Assessment and Coordination Group
    under section 210D of the Homeland Security Act of 2002, as added by
    subsection (a), including the use of State, local, and tribal detailees
    at the National Counterterrorism Center, as described in subsection
    (d)(5) of that section.

       Subtitle D--Homeland Security Intelligence Offices Reorganization

        SEC. 531. OFFICE OF INTELLIGENCE AND ANALYSIS AND OFFICE OF
          INFRASTRUCTURE PROTECTION.
        (a) In General.--Section 201 of the Homeland Security Act of 2002
    (6 U.S.C. 201) is amended--
            (1) in the section heading, by striking ``directorate for
        information'' and inserting ``information and'';
            (2) by striking subsections (a) through (c) and inserting the
        following:
        ``(a) Intelligence and Analysis and Infrastructure Protection.--
    There shall be in the Department an Office of Intelligence and Analysis
    and an Office of Infrastructure Protection.
        ``(b) Under Secretary for Intelligence and Analysis and Assistant
    Secretary for Infrastructure Protection.--
            ``(1) Office of intelligence and analysis.--The Office of
        Intelligence and Analysis shall be headed by an Under Secretary for
        Intelligence and Analysis, who shall be appointed by the President,
        by and with the advice and consent of the Senate.
            ``(2) Chief intelligence officer.--The Under Secretary for
        Intelligence and Analysis shall serve as the Chief Intelligence
        Officer of the Department.
            ``(3) Office of infrastructure protection.--The Office of
        Infrastructure Protection shall be headed by an Assistant Secretary
        for Infrastructure Protection, who shall be appointed by the
        President.
        ``(c) Discharge of Responsibilities.--The Secretary shall ensure
    that the responsibilities of the Department relating to information
    analysis and infrastructure protection, including those described in
    subsection (d), are carried out through the Under Secretary for
    Intelligence and Analysis or the Assistant Secretary for Infrastructure
    Protection, as appropriate.'';
            (3) in subsection (d)--
                (A) in the subsection heading, by striking ``Under
            Secretary'' and inserting ``Secretary Relating To Intelligence
            and Analysis and Infrastructure Protection'';
                (B) in the matter preceding paragraph (1), by striking
            ``Subject to the direction'' and all that follows through
            ``Infrastructure Protection'' and inserting the following:
            ``The responsibilities of the Secretary relating to
            intelligence and analysis and infrastructure protection'';
                (C) in paragraph (9), as redesignated under section
            510(a)(2)(A)(ii), by striking ``Director of Central
            Intelligence'' and inserting ``Director of National
            Intelligence'';
                (D) in paragraph (11)(B), as so redesignated, by striking
            ``Director of Central Intelligence'' and inserting ``Director
            of National Intelligence'';
                (E) by redesignating paragraph (18), as so redesignated, as
            paragraph (24); and
                (F) by inserting after paragraph (17), as so redesignated,
            the following:
            ``(18) To coordinate and enhance integration among the
        intelligence components of the Department, including through
        strategic oversight of the intelligence activities of such
        components.
            ``(19) To establish the intelligence collection, processing,
        analysis, and dissemination priorities, policies, processes,
        standards, guidelines, and procedures for the intelligence
        components of the Department, consistent with any directions from
        the President and, as applicable, the Director of National
        Intelligence.
            ``(20) To establish a structure and process to support the
        missions and goals of the intelligence components of the
        Department.
            ``(21) To ensure that, whenever possible, the Department--
                ``(A) produces and disseminates unclassified reports and
            analytic products based on open-source information; and
                ``(B) produces and disseminates such reports and analytic
            products contemporaneously with reports or analytic products
            concerning the same or similar information that the Department
            produced and disseminated in a classified format.
            ``(22) To establish within the Office of Intelligence and
        Analysis an internal continuity of operations plan.
            ``(23) Based on intelligence priorities set by the President,
        and guidance from the Secretary and, as appropriate, the Director
        of National Intelligence--
                ``(A) to provide to the heads of each intelligence
            component of the Department guidance for developing the budget
            pertaining to the activities of such component; and
                ``(B) to present to the Secretary a recommendation for a
            consolidated budget for the intelligence components of the
            Department, together with any comments from the heads of such
            components.'';
            (4) in subsection (e)(1)--
                (A) by striking ``Directorate'' the first place that term
            appears and inserting ``Office of Intelligence and Analysis and
            the Office of Infrastructure Protection''; and
                (B) by striking ``the Directorate in discharging'' and
            inserting ``such offices in discharging'';
            (5) in subsection (f)(1), by striking ``Directorate'' and
        inserting ``Office of Intelligence and Analysis and the Office of
        Infrastructure Protection''; and
            (6) In subsection (g), in the matter preceding paragraph (1),
        by striking ``Under Secretary for Information Analysis and
        Infrastructure Protection'' and inserting ``Office of Intelligence
        and Analysis and the Office of Infrastructure Protection''.
        (b) Technical and Conforming Amendments.--
            (1) In general.--Such Act is further amended--
                (A) in section 223, by striking ``Under Secretary for
            Information Analysis and Infrastructure Protection'' and
            inserting ``Under Secretary for Intelligence and Analysis, in
            cooperation with the Assistant Secretary for Infrastructure
            Protection'';
                (B) in section 224, by striking ``Under Secretary for
            Information Analysis and Infrastructure Protection'' and
            inserting ``Assistant Secretary for Infrastructure
            Protection'';
                (C) in section 302(3), by striking ``Under Secretary for
            Information Analysis and Infrastructure Protection'' and
            inserting ``Under Secretary for Intelligence and Analysis and
            the Assistant Secretary for Infrastructure Protection''; and
                (D) in section 521(d)--
                    (i) in paragraph (1), by striking ``Directorate for
                Information Analysis and Infrastructure Protection'' and
                inserting ``Office of Intelligence and Analysis''; and
                    (ii) in paragraph (2), by striking ``Under Secretary
                for Information Analysis and Infrastructure Protection''
                and inserting ``Under Secretary for Intelligence and
                Analysis''.
            (2) Additional under secretary.--Section 103(a) of the Homeland
        Security Act of 2002 (6 U.S.C. 113(a)) is amended--
                (A) by redesignating paragraphs (8) and (9) as paragraphs
            (9) and (10), respectively; and
                (B) by inserting after paragraph (7) the following:
            ``(8) An Under Secretary responsible for overseeing critical
        infrastructure protection, cybersecurity, and other related
        programs of the Department.''.
            (3) Heading.--Subtitle A of title II of the Homeland Security
        Act of 2002 (6 U.S.C. 121 et seq.) is amended in the subtitle
        heading by striking ``Directorate for Information'' and inserting
        ``Information and''.
            (4) Table of contents.--The Homeland Security Act of 2002 (6
        U.S.C. 101 et seq.) is amended in the table of contents in section
        1(b) by striking the items relating to subtitle A of title II and
        section 201 and inserting the following:

     ``Subtitle A--Information and Analysis and Infrastructure Protection;
                              Access to Information

    ``Sec. 201. Information and Analysis and Infrastructure Protection.''.

            (5) National security act of 1947.--Section 106(b)(2)(I) of the
        National Security Act of 1947 (50 U.S.C. 403-6) is amended to read
        as follows:
                ``(I) The Under Secretary of Homeland Security for
            Intelligence and Analysis.''.
        (c) Treatment of Incumbent.--The individual administratively
    performing the duties of the Under Secretary for Intelligence and
    Analysis as of the date of the enactment of this Act may continue to
    perform such duties after the date on which the President nominates an
    individual to serve as the Under Secretary pursuant to section 201 of
    the Homeland Security Act of 2002, as amended by this section, and
    until the individual so appointed assumes the duties of the position.

                  Subtitle E--Authorization of Appropriations

        SEC. 541. AUTHORIZATION OF APPROPRIATIONS.
        There is authorized to be appropriated for each of fiscal years
    2008 through 2012 such sums as may be necessary to carry out this title
    and the amendments made by this title.

               TITLE VI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

        SEC. 601. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING
          INFORMATION.
        (a) Amounts Appropriated Each Fiscal Year.--Not later than 30 days
    after the end of each fiscal year beginning with fiscal year 2007, the
    Director of National Intelligence shall disclose to the public the
    aggregate amount of funds appropriated by Congress for the National
    Intelligence Program for such fiscal year.
        (b) Waiver.--Beginning with fiscal year 2009, the President may
    waive or postpone the disclosure required by subsection (a) for any
    fiscal year by, not later than 30 days after the end of such fiscal
    year, submitting to the Select Committee on Intelligence of the Senate
    and Permanent Select Committee on Intelligence of the House of
    Representatives--
            (1) a statement, in unclassified form, that the disclosure
        required in subsection (a) for that fiscal year would damage
        national security; and
            (2) a statement detailing the reasons for the waiver or
        postponement, which may be submitted in classified form.
        (c) Definition.--As used in this section, the term ``National
    Intelligence Program'' has the meaning given the term in section 3(6)
    of the National Security Act of 1947 (50 U.S.C. 401a(6)).
        SEC. 602. PUBLIC INTEREST DECLASSIFICATION BOARD.
        The Public Interest Declassification Act of 2000 (50 U.S.C. 435
    note) is amended--
            (1) by striking ``Director of Central Intelligence'' each place
        that term appears and inserting ``Director of National
        Intelligence'';
            (2) in section 704(e)--
                (A) by striking ``If requested'' and inserting the
            following:
            ``(1) In general.--If requested''; and
                (B) by adding at the end the following:
            ``(2) Authority of board.--Upon receiving a congressional
        request described in section 703(b)(5), the Board may conduct the
        review and make the recommendations described in that section,
        regardless of whether such a review is requested by the President.
            ``(3) Reporting.--Any recommendations submitted to the
        President by the Board under section 703(b)(5), shall be submitted
        to the chairman and ranking minority member of the committee of
        Congress that made the request relating to such recommendations.'';
            (3) in section 705(c), in the subsection heading, by striking
        ``Director of Central Intelligence'' and inserting ``Director of
        National Intelligence''; and
            (4) in section 710(b), by striking ``8 years after the date''
        and all that follows and inserting ``on December 31, 2012.''.
        SEC. 603. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11
          COMMISSION RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE REFORM
          AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.
        (a) Findings.--Congress makes the following findings:
            (1) The National Commission on Terrorist Attacks Upon the
        United States (referred to in this section as the ``9/11
        Commission'') conducted a lengthy review of the facts and
        circumstances relating to the terrorist attacks of September 11,
        2001, including those relating to the intelligence community, law
        enforcement agencies, and the role of congressional oversight and
        resource allocation.
            (2) In its final report, the 9/11 Commission found that--
                (A) congressional oversight of the intelligence activities
            of the United States is dysfunctional;
                (B) under the rules of the Senate and the House of
            Representatives in effect at the time the report was completed,
            the committees of Congress charged with oversight of the
            intelligence activities lacked the power, influence, and
            sustained capability to meet the daunting challenges faced by
            the intelligence community of the United States;
                (C) as long as such oversight is governed by such rules of
            the Senate and the House of Representatives, the people of the
            United States will not get the security they want and need;
                (D) a strong, stable, and capable congressional committee
            structure is needed to give the intelligence community of the
            United States appropriate oversight, support, and leadership;
            and
                (E) the reforms recommended by the 9/11 Commission in its
            final report will not succeed if congressional oversight of the
            intelligence community in the United States is not changed.
            (3) The 9/11 Commission recommended structural changes to
        Congress to improve the oversight of intelligence activities.
            (4) Congress has enacted some of the recommendations made by
        the 9/11 Commission and is considering implementing additional
        recommendations of the 9/11 Commission.
            (5) The Senate adopted Senate Resolution 445 in the 108th
        Congress to address some of the intelligence oversight
        recommendations of the 9/11 Commission by abolishing term limits
        for the members of the Select Committee on Intelligence, clarifying
        jurisdiction for intelligence-related nominations, and streamlining
        procedures for the referral of intelligence-related legislation,
        but other aspects of the 9/11 Commission recommendations regarding
        intelligence oversight have not been implemented.
        (b) Sense of the Senate.--It is the sense of the Senate that the
    Committee on Homeland Security and Governmental Affairs and the Select
    Committee on Intelligence of the Senate each, or jointly, should--
            (1) undertake a review of the recommendations made in the final
        report of the 9/11 Commission with respect to intelligence reform
        and congressional intelligence oversight reform;
            (2) review and consider any other suggestions, options, or
        recommendations for improving intelligence oversight; and
            (3) not later than December 21, 2007, submit to the Senate a
        report that includes the recommendations of the committees, if any,
        for carrying out such reforms.
        SEC. 604. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST
          DECLASSIFICATION BOARD.
        Section 21067 of the Continuing Appropriations Resolution, 2007
    (division B of Public Law 109-289; 120 Stat. 1311), as amended by
    Public Law 109-369 (120 Stat. 2642), Public Law 109-383 (120 Stat.
    2678), and Public Law 110-5, is amended by adding at the end the
    following new subsection:
        ``(c) From the amount provided by this section, the National
    Archives and Records Administration may obligate monies necessary to
    carry out the activities of the Public Interest Declassification
    Board.''.
        SEC. 605. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON
          CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE
          TERRORIST ATTACKS OF SEPTEMBER 11, 2001.
        (a) Public Availability.--Not later than 30 days after the date of
    the enactment of this Act, the Director of the Central Intelligence
    Agency shall prepare and make available to the public a version of the
    Executive Summary of the report entitled the ``Office of Inspector
    General Report on Central Intelligence Agency Accountability Regarding
    Findings and Conclusions of the Joint Inquiry into Intelligence
    Community Activities Before and After the Terrorist Attacks of
    September 11, 2001'' issued in June 2005 that is declassified to the
    maximum extent possible, consistent with national security.
        (b) Report to Congress.--The Director of the Central Intelligence
    Agency shall submit to Congress a classified annex to the redacted
    Executive Summary made available under subsection (a) that explains the
    reason that any redacted material in the Executive Summary was withheld
    from the public.

          TITLE VII--STRENGTHENING EFFORTS TO PREVENT TERRORIST TRAVEL
                          Subtitle A--Terrorist Travel

        SEC. 701. REPORT ON INTERNATIONAL COLLABORATION TO INCREASE BORDER
          SECURITY, ENHANCE GLOBAL DOCUMENT SECURITY, AND EXCHANGE
          TERRORIST INFORMATION.
        (a) Report Required.--Not later than 270 days after the date of the
    enactment of this Act, the Secretary of State and the Secretary of
    Homeland Security, in conjunction with the Director of National
    Intelligence and the heads of other appropriate Federal departments and
    agencies, shall submit to the appropriate congressional committees a
    report on efforts of the Government of the United States to collaborate
    with international partners and allies of the United States to increase
    border security, enhance global document security, and exchange
    terrorism information.
        (b) Contents.--The report required by subsection (a) shall
    outline--
            (1) all presidential directives, programs, and strategies for
        carrying out and increasing United States Government efforts
        described in subsection (a);
            (2) the goals and objectives of each of these efforts;
            (3) the progress made in each of these efforts; and
            (4) the projected timelines for each of these efforts to become
        fully functional and effective.
        (c) Definition.--In this section, the term ``appropriate
    congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on Homeland
        Security, the Committee on the Judiciary, and the Permanent Select
        Committee on Intelligence of the House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on
        Homeland Security and Governmental Affairs, the Committee on the
        Judiciary, and the Select Committee on Intelligence of the Senate.

                            Subtitle B--Visa Waiver

        SEC. 711. MODERNIZATION OF THE VISA WAIVER PROGRAM.
        (a) Short Title.--This section may be cited as the ``Secure Travel
    and Counterterrorism Partnership Act of 2007''.
        (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should modernize and strengthen the
        security of the visa waiver program under section 217 of the
        Immigration and Nationality Act (8 U.S.C. 1187) by simultaneously--
                (A) enhancing program security requirements; and
                (B) extending visa-free travel privileges to nationals of
            foreign countries that are partners in the war on terrorism--
                    (i) that are actively cooperating with the United
                States to prevent terrorist travel, including sharing
                counterterrorism and law enforcement information; and
                    (ii) whose nationals have demonstrated their compliance
                with the provisions of the Immigration and Nationality Act
                regarding the purpose and duration of their admission to
                the United States; and
            (2) the modernization described in paragraph (1) will--
                (A) enhance bilateral cooperation on critical
            counterterrorism and information sharing initiatives;
                (B) support and expand tourism and business opportunities
            to enhance long-term economic competitiveness; and
                (C) strengthen bilateral relationships.
        (c) Discretionary Visa Waiver Program Expansion.--Section 217(c) of
    the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by
    adding at the end the following new paragraphs:
            ``(8) Nonimmigrant visa refusal rate flexibility.--
                ``(A) Certification.--
                    ``(i) In general.--On the date on which an air exit
                system is in place that can verify the departure of not
                less than 97 percent of foreign nationals who exit through
                airports of the United States and the electronic travel
                authorization system required under subsection (h)(3) is
                fully operational, the Secretary of Homeland Security shall
                certify to Congress that such air exit system and
                electronic travel authorization system are in place.
                    ``(ii) Notification to congress.--The Secretary shall
                notify Congress in writing of the date on which the air
                exit system under clause (i) fully satisfies the biometric
                requirements specified in subsection (i).
                    ``(iii) Temporary suspension of waiver authority.--
                Notwithstanding any certification made under clause (i), if
                the Secretary has not notified Congress in accordance with
                clause (ii) by June 30, 2009, the Secretary's waiver
                authority under subparagraph (B) shall be suspended
                beginning on July 1, 2009, until such time as the Secretary
                makes such notification.
                    ``(iv) Rule of construction.--Nothing in this paragraph
                shall be construed as in any way abrogating the reporting
                requirements under subsection (i)(3).
                ``(B) Waiver.--After certification by the Secretary under
            subparagraph (A), the Secretary, in consultation with the
            Secretary of State, may waive the application of paragraph
            (2)(A) for a country if--
                    ``(i) the country meets all security requirements of
                this section;
                    ``(ii) the Secretary of Homeland Security determines
                that the totality of the country's security risk mitigation
                measures provide assurance that the country's participation
                in the program would not compromise the law enforcement,
                security interests, or enforcement of the immigration laws
                of the United States;
                    ``(iii) there has been a sustained reduction in the
                rate of refusals for nonimmigrant visas for nationals of
                the country and conditions exist to continue such
                reduction;
                    ``(iv) the country cooperated with the Government of
                the United States on counterterrorism initiatives,
                information sharing, and preventing terrorist travel before
                the date of its designation as a program country, and the
                Secretary of Homeland Security and the Secretary of State
                determine that such cooperation will continue; and
                    ``(v)(I) the rate of refusals for nonimmigrant visitor
                visas for nationals of the country during the previous full
                fiscal year was not more than ten percent; or
                    ``(II) the visa overstay rate for the country for the
                previous full fiscal year does not exceed the maximum visa
                overstay rate, once such rate is established under
                subparagraph (C).
                ``(C) Maximum visa overstay rate.--
                    ``(i) Requirement to establish.--After certification by
                the Secretary under subparagraph (A), the Secretary and the
                Secretary of State jointly shall use information from the
                air exit system referred to in such subparagraph to
                establish a maximum visa overstay rate for countries
                participating in the program pursuant to a waiver under
                subparagraph (B). The Secretary of Homeland Security shall
                certify to Congress that such rate would not compromise the
                law enforcement, security interests, or enforcement of the
                immigration laws of the United States.
                    ``(ii) Visa overstay rate defined.--In this paragraph
                the term `visa overstay rate' means, with respect to a
                country, the ratio of--

                        ``(I) the total number of nationals of that country
                    who were admitted to the United States on the basis of
                    a nonimmigrant visa whose periods of authorized stays
                    ended during a fiscal year but who remained unlawfully
                    in the United States beyond such periods; to
                        ``(II) the total number of nationals of that
                    country who were admitted to the United States on the
                    basis of a nonimmigrant visa during that fiscal year.

                    ``(iii) Report and publication.--The Secretary of
                Homeland Security shall on the same date submit to Congress
                and publish in the Federal Register information relating to
                the maximum visa overstay rate established under clause
                (i). Not later than 60 days after such date, the Secretary
                shall issue a final maximum visa overstay rate above which
                a country may not participate in the program.
            ``(9) Discretionary security-related considerations.--In
        determining whether to waive the application of paragraph (2)(A)
        for a country, pursuant to paragraph (8), the Secretary of Homeland
        Security, in consultation with the Secretary of State, shall take
        into consideration other factors affecting the security of the
        United States, including--
                ``(A) airport security standards in the country;
                ``(B) whether the country assists in the operation of an
            effective air marshal program;
                ``(C) the standards of passports and travel documents
            issued by the country; and
                ``(D) other security-related factors, including the
            country's cooperation with the United States' initiatives
            toward combating terrorism and the country's cooperation with
            the United States intelligence community in sharing information
            regarding terrorist threats.''.
        (d) Security Enhancements to the Visa Waiver Program.--
            (1) In general.--Section 217 of the Immigration and Nationality
        Act (8 U.S.C. 1187) is amended--
                (A) in subsection (a), in the flush text following
            paragraph (9)--
                    (i) by striking ``Operators of aircraft'' and inserting
                the following:
            ``(10) Electronic transmission of identification information.--
        Operators of aircraft''; and
                    (ii) by adding at the end the following new paragraph:
            ``(11) Eligibility determination under the electronic travel
        authorization system.--Beginning on the date on which the
        electronic travel authorization system developed under subsection
        (h)(3) is fully operational, each alien traveling under the program
        shall, before applying for admission to the United States,
        electronically provide to the system biographical information and
        such other information as the Secretary of Homeland Security shall
        determine necessary to determine the eligibility of, and whether
        there exists a law enforcement or security risk in permitting, the
        alien to travel to the United States. Upon review of such
        biographical information, the Secretary of Homeland Security shall
        determine whether the alien is eligible to travel to the United
        States under the program.'';
                (B) in subsection (c)--
                    (i) in paragraph (2)--

                        (I) by amending subparagraph (D) to read as
                    follows:

                ``(D) Reporting lost and stolen passports.--The government
            of the country enters into an agreement with the United States
            to report, or make available through Interpol or other means as
            designated by the Secretary of Homeland Security, to the United
            States Government information about the theft or loss of
            passports within a strict time limit and in a manner specified
            in the agreement.''; and

                        (II) by adding at the end the following new
                    subparagraphs:

                ``(E) Repatriation of aliens.--The government of the
            country accepts for repatriation any citizen, former citizen,
            or national of the country against whom a final executable
            order of removal is issued not later than three weeks after the
            issuance of the final order of removal. Nothing in this
            subparagraph creates any duty for the United States or any
            right for any alien with respect to removal or release. Nothing
            in this subparagraph gives rise to any cause of action or claim
            under this paragraph or any other law against any official of
            the United States or of any State to compel the release,
            removal, or consideration for release or removal of any alien.
                ``(F) Passenger information exchange.--The government of
            the country enters into an agreement with the United States to
            share information regarding whether citizens and nationals of
            that country traveling to the United States represent a threat
            to the security or welfare of the United States or its
            citizens.'';
                    (ii) in paragraph (5)--

                        (I) by striking ``Attorney General'' each place it
                    appears and inserting ``Secretary of Homeland
                    Security''; and
                        (II) in subparagraph (A)(i)--

                            (aa) in subclause (II), by striking ``and'' at
                        the end;
                            (bb) in subclause (III)--
                                (AA) by striking ``and the Committee on
                            International Relations'' and inserting ``, the
                            Committee on Foreign Affairs, and the Committee
                            on Homeland Security,'' and by striking ``and
                            the Committee on Foreign Relations'' and
                            inserting ``, the Committee on Foreign
                            Relations, and the Committee on Homeland
                            Security and Governmental Affairs''; and
                                (BB) by striking the period at the end and
                            inserting ``; and''; and
                            (cc) by adding at the end the following new
                        subclause:

                        ``(IV) shall submit to Congress a report regarding
                    the implementation of the electronic travel
                    authorization system under subsection (h)(3) and the
                    participation of new countries in the program through a
                    waiver under paragraph (8).''; and
                        (III) in subparagraph (B), by adding at the end the
                    following new clause:

                    ``(iv) Program suspension authority.--The Director of
                National Intelligence shall immediately inform the
                Secretary of Homeland Security of any current and credible
                threat which poses an imminent danger to the United States
                or its citizens and originates from a country participating
                in the visa waiver program. Upon receiving such
                notification, the Secretary, in consultation with the
                Secretary of State--

                        ``(I) may suspend a country from the visa waiver
                    program without prior notice;
                        ``(II) shall notify any country suspended under
                    subclause (I) and, to the extent practicable without
                    disclosing sensitive intelligence sources and methods,
                    provide justification for the suspension; and
                        ``(III) shall restore the suspended country's
                    participation in the visa waiver program upon a
                    determination that the threat no longer poses an
                    imminent danger to the United States or its
                    citizens.''; and

                    (iii) by adding at the end the following new
                paragraphs:
            ``(10) Technical assistance.--The Secretary of Homeland
        Security, in consultation with the Secretary of State, shall
        provide technical assistance to program countries to assist those
        countries in meeting the requirements under this section. The
        Secretary of Homeland Security shall ensure that the program office
        within the Department of Homeland Security is adequately staffed
        and has resources to be able to provide such technical assistance,
        in addition to its duties to effectively monitor compliance of the
        countries participating in the program with all the requirements of
        the program.
            ``(11) Independent review.--
                ``(A) In general.--Prior to the admission of a new country
            into the program under this section, and in conjunction with
            the periodic evaluations required under subsection (c)(5)(A),
            the Director of National Intelligence shall conduct an
            independent intelligence assessment of a nominated country and
            member of the program.
                ``(B) Reporting requirement.--The Director shall provide to
            the Secretary of Homeland Security, the Secretary of State, and
            the Attorney General the independent intelligence assessment
            required under subparagraph (A).
                ``(C) Contents.--The independent intelligence assessment
            conducted by the Director shall include--
                    ``(i) a review of all current, credible terrorist
                threats of the subject country;
                    ``(ii) an evaluation of the subject country's
                counterterrorism efforts;
                    ``(iii) an evaluation as to the extent of the country's
                sharing of information beneficial to suppressing terrorist
                movements, financing, or actions;
                    ``(iv) an assessment of the risks associated with
                including the subject country in the program; and
                    ``(v) recommendations to mitigate the risks identified
                in clause (iv).'';
                (C) in subsection (d)--
                    (i) by striking ``Attorney General'' and inserting
                ``Secretary of Homeland Security''; and
                    (ii) by adding at the end the following new sentence:
                ``The Secretary of Homeland Security may not waive any
                eligibility requirement under this section unless the
                Secretary notifies, with respect to the House of
                Representatives, the Committee on Homeland Security, the
                Committee on the Judiciary, the Committee on Foreign
                Affairs, and the Committee on Appropriations, and with
                respect to the Senate, the Committee on Homeland Security
                and Governmental Affairs, the Committee on the Judiciary,
                the Committee on Foreign Relations, and the Committee on
                Appropriations not later than 30 days before the effective
                date of such waiver.'';
                (D) in subsection (f)(5)--
                    (i) by striking ``Attorney General'' each place it
                appears and inserting ``Secretary of Homeland Security'';
                and
                    (ii) by striking ``of blank'' and inserting ``or loss
                of'';
                (E) in subsection (h), by adding at the end the following
            new paragraph:
            ``(3) Electronic travel authorization system.--
                ``(A) System.--The Secretary of Homeland Security, in
            consultation with the Secretary of State, shall develop and
            implement a fully automated electronic travel authorization
            system (referred to in this paragraph as the `System') to
            collect such biographical and other information as the
            Secretary of Homeland Security determines necessary to
            determine, in advance of travel, the eligibility of, and
            whether there exists a law enforcement or security risk in
            permitting, the alien to travel to the United States.
                ``(B) Fees.--The Secretary of Homeland Security may charge
            a fee for the use of the System, which shall be--
                    ``(i) set at a level that will ensure recovery of the
                full costs of providing and administering the System; and
                    ``(ii) available to pay the costs incurred to
                administer the System.
                ``(C) Validity.--
                    ``(i) Period.--The Secretary of Homeland Security, in
                consultation with the Secretary of State, shall prescribe
                regulations that provide for a period, not to exceed three
                years, during which a determination of eligibility to
                travel under the program will be valid. Notwithstanding any
                other provision under this section, the Secretary of
                Homeland Security may revoke any such determination at any
                time and for any reason.
                    ``(ii) Limitation.--A determination by the Secretary of
                Homeland Security that an alien is eligible to travel to
                the United States under the program is not a determination
                that the alien is admissible to the United States.
                    ``(iii) Not a determination of visa eligibility.--A
                determination by the Secretary of Homeland Security that an
                alien who applied for authorization to travel to the United
                States through the System is not eligible to travel under
                the program is not a determination of eligibility for a
                visa to travel to the United States and shall not preclude
                the alien from applying for a visa.
                    ``(iv) Judicial review.--Notwithstanding any other
                provision of law, no court shall have jurisdiction to
                review an eligibility determination under the System.
                ``(D) Report.--Not later than 60 days before publishing
            notice regarding the implementation of the System in the
            Federal Register, the Secretary of Homeland Security shall
            submit a report regarding the implementation of the system to--
                    ``(i) the Committee on Homeland Security of the House
                of Representatives;
                    ``(ii) the Committee on the Judiciary of the House of
                Representatives;
                    ``(iii) the Committee on Foreign Affairs of the House
                of Representatives;
                    ``(iv) the Permanent Select Committee on Intelligence
                of the House of Representatives;
                    ``(v) the Committee on Appropriations of the House of
                Representatives;
                    ``(vi) the Committee on Homeland Security and
                Governmental Affairs of the Senate;
                    ``(vii) the Committee on the Judiciary of the Senate;
                    ``(viii) the Committee on Foreign Relations of the
                Senate;
                    ``(ix) the Select Committee on Intelligence of the
                Senate; and
                    ``(x) the Committee on Appropriations of the Senate.'';
                and
                (F) by adding at the end the following new subsection:
        ``(i) Exit System.--
            ``(1) In general.--Not later than one year after the date of
        the enactment of this subsection, the Secretary of Homeland
        Security shall establish an exit system that records the departure
        on a flight leaving the United States of every alien participating
        in the visa waiver program established under this section.
            ``(2) System requirements.--The system established under
        paragraph (1) shall--
                ``(A) match biometric information of the alien against
            relevant watch lists and immigration information; and
                ``(B) compare such biometric information against manifest
            information collected by air carriers on passengers departing
            the United States to confirm such aliens have departed the
            United States.
            ``(3) Report.--Not later than 180 days after the date of the
        enactment of this subsection, the Secretary shall submit to
        Congress a report that describes--
                ``(A) the progress made in developing and deploying the
            exit system established under this subsection; and
                ``(B) the procedures by which the Secretary shall improve
            the method of calculating the rates of nonimmigrants who
            overstay their authorized period of stay in the United
            States.''.
            (2) Effective date.--Section 217(a)(11) of the Immigration and
        Nationality Act, as added by paragraph (1)(A)(ii), shall take
        effect on the date that is 60 days after the date on which the
        Secretary of Homeland Security publishes notice in the Federal
        Register of the requirement under such paragraph.
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary of Homeland Security such sums as may be
    necessary to carry out this section and the amendments made by this
    section.

            Subtitle C--Strengthening Terrorism Prevention Programs

        SEC. 721. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND
          TRAFFICKING CENTER.
        (a) In General.--Section 7202 of the Intelligence Reform and
    Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended--
            (1) in subsection (c)(1), by striking ``address'' and inserting
        ``integrate and disseminate intelligence and information related
        to'';
            (2) by redesignating subsections (d) and (e) as subsections (g)
        and (h), respectively; and
            (3) by inserting after subsection (c) the following new
        subsections:
        ``(d) Director.--The Secretary of Homeland Security shall nominate
    an official of the Government of the United States to serve as the
    Director of the Center, in accordance with the requirements of the
    memorandum of understanding entitled the `Human Smuggling and
    Trafficking Center (HSTC) Charter'.
        ``(e) Staffing of the Center.--
            ``(1) In general.--The Secretary of Homeland Security, in
        cooperation with heads of other relevant agencies and departments,
        shall ensure that the Center is staffed with not fewer than 40
        full-time equivalent positions, including, as appropriate,
        detailees from the following:
                ``(A) Agencies and offices within the Department of
            Homeland Security, including the following:
                    ``(i) The Office of Intelligence and Analysis.
                    ``(ii) The Transportation Security Administration.
                    ``(iii) United States Citizenship and Immigration
                Services.
                    ``(iv) United States Customs and Border Protection.
                    ``(v) The United States Coast Guard.
                    ``(vi) United States Immigration and Customs
                Enforcement.
                ``(B) Other departments, agencies, or entities, including
            the following:
                    ``(i) The Central Intelligence Agency.
                    ``(ii) The Department of Defense.
                    ``(iii) The Department of the Treasury.
                    ``(iv) The National Counterterrorism Center.
                    ``(v) The National Security Agency.
                    ``(vi) The Department of Justice.
                    ``(vii) The Department of State.
                    ``(viii) Any other relevant agency or department.
            ``(2) Expertise of detailees.--The Secretary of Homeland
        Security, in cooperation with the head of each agency, department,
        or other entity referred to in paragraph (1), shall ensure that the
        detailees provided to the Center under such paragraph include an
        adequate number of personnel who are--
                ``(A) intelligence analysts or special agents with
            demonstrated experience related to human smuggling, trafficking
            in persons, or terrorist travel; and
                ``(B) personnel with experience in the areas of--
                    ``(i) consular affairs;
                    ``(ii) counterterrorism;
                    ``(iii) criminal law enforcement;
                    ``(iv) intelligence analysis;
                    ``(v) prevention and detection of document fraud;
                    ``(vi) border inspection;
                    ``(vii) immigration enforcement; or
                    ``(viii) human trafficking and combating severe forms
                of trafficking in persons.
            ``(3) Enhanced personnel management.--
                ``(A) Incentives for service in certain positions.--
                    ``(i) In general.--The Secretary of Homeland Security,
                and the heads of other relevant agencies, shall prescribe
                regulations or promulgate personnel policies to provide
                incentives for service on the staff of the Center,
                particularly for serving terms of at least two years
                duration.
                    ``(ii) Forms of incentives.--Incentives under clause
                (i) may include financial incentives, bonuses, and such
                other awards and incentives as the Secretary and the heads
                of other relevant agencies, consider appropriate.
                ``(B) Enhanced promotion for service at the center.--
            Notwithstanding any other provision of law, the Secretary of
            Homeland Security, and the heads of other relevant agencies,
            shall ensure that personnel who are assigned or detailed to
            service at the Center shall be considered for promotion at
            rates equivalent to or better than similarly situated personnel
            of such agencies who are not so assigned or detailed, except
            that this subparagraph shall not apply in the case of personnel
            who are subject to the provisions of the Foreign Service Act of
            1980.
        ``(f) Administrative Support and Funding.--The Secretary of
    Homeland Security shall provide to the Center the administrative
    support and funding required for its maintenance, including funding for
    personnel, leasing of office space, supplies, equipment, technology,
    training, and travel expenses necessary for the Center to carry out its
    functions.''.
        (b) Report.--Subsection (g) of section 7202 of the Intelligence
    Reform and Terrorism Prevention Act of 2004, as redesignated by
    subsection (a)(2), is amended to read as follows:
        ``(g) Report.--
            ``(1) Initial report.--Not later than 180 days after December
        17, 2004, the President shall transmit to Congress a report
        regarding the implementation of this section, including a
        description of the staffing and resource needs of the Center.
            ``(2) Follow-up report.--Not later than 180 days after the date
        of the enactment of the Implementing Recommendations of the 9/11
        Commission Act of 2007, the President shall transmit to Congress a
        report regarding the operation of the Center and the activities
        carried out by the Center, including a description of--
                ``(A) the roles and responsibilities of each agency or
            department that is participating in the Center;
                ``(B) the mechanisms used to share information among each
            such agency or department;
                ``(C) the personnel provided to the Center by each such
            agency or department;
                ``(D) the type of information and reports being
            disseminated by the Center;
                ``(E) any efforts by the Center to create a centralized
            Federal Government database to store information related to
            unlawful travel of foreign nationals, including a description
            of any such database and of the manner in which information
            utilized in such a database would be collected, stored, and
            shared;
                ``(F) how each agency and department shall utilize its
            resources to ensure that the Center uses intelligence to focus
            and drive its efforts;
                ``(G) efforts to consolidate networked systems for the
            Center;
                ``(H) the mechanisms for the sharing of homeland security
            information from the Center to the Office of Intelligence and
            Analysis, including how such sharing shall be consistent with
            section 1016(b);
                ``(I) the ability of participating personnel in the Center
            to freely access necessary databases and share information
            regarding issues related to human smuggling, trafficking in
            persons, and terrorist travel;
                ``(J) how the assignment of personnel to the Center is
            incorporated into the civil service career path of such
            personnel; and
                ``(K) cooperation and coordination efforts, including any
            memorandums of understanding, among participating agencies and
            departments regarding issues related to human smuggling,
            trafficking in persons, and terrorist travel.''.
        (c) Coordination With the Office of Intelligence and Analysis.--
    Section 7202 of the Intelligence Reform and Terrorism Prevention Act of
    2004 is amended by adding after subsection (h), as redesignated by
    subsection (a)(2), the following new subsection:
        ``(i) Coordination With the Office of Intelligence and Analysis.--
    The Office of Intelligence and Analysis, in coordination with the
    Center, shall submit to relevant State, local, and tribal law
    enforcement agencies periodic reports regarding terrorist threats
    related to human smuggling, human trafficking, and terrorist travel.''.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary of Homeland Security $20,000,000 for
    fiscal year 2008 to carry out section 7202 of the Intelligence Reform
    and Terrorism Prevention Act of 2004, as amended by this section.
        SEC. 722. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.
        Section 7215 of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (6 U.S.C. 123) is amended to read as follows:
    ``SEC. 7215. TERRORIST TRAVEL PROGRAM.
        ``(a) Requirement to Establish.--Not later than 90 days after the
    date of the enactment of the Implementing Recommendations of the 9/11
    Commission Act of 2007, the Secretary of Homeland Security, in
    consultation with the Director of the National Counterterrorism Center
    and consistent with the strategy developed under section 7201, shall
    establish a program to oversee the implementation of the Secretary's
    responsibilities with respect to terrorist travel.
        ``(b) Head of the Program.--The Secretary of Homeland Security
    shall designate an official of the Department of Homeland Security to
    be responsible for carrying out the program. Such official shall be--
            ``(1) the Assistant Secretary for Policy of the Department of
        Homeland Security; or
            ``(2) an official appointed by the Secretary who reports
        directly to the Secretary.
        ``(c) Duties.--The official designated under subsection (b) shall
    assist the Secretary of Homeland Security in improving the Department's
    ability to prevent terrorists from entering the United States or
    remaining in the United States undetected by--
            ``(1) developing relevant strategies and policies;
            ``(2) reviewing the effectiveness of existing programs and
        recommending improvements, if necessary;
            ``(3) making recommendations on budget requests and on the
        allocation of funding and personnel;
            ``(4) ensuring effective coordination, with respect to
        policies, programs, planning, operations, and dissemination of
        intelligence and information related to terrorist travel--
                ``(A) among appropriate subdivisions of the Department of
            Homeland Security, as determined by the Secretary and
            including--
                    ``(i) United States Customs and Border Protection;
                    ``(ii) United States Immigration and Customs
                Enforcement;
                    ``(iii) United States Citizenship and Immigration
                Services;
                    ``(iv) the Transportation Security Administration; and
                    ``(v) the United States Coast Guard; and
                ``(B) between the Department of Homeland Security and other
            appropriate Federal agencies; and
            ``(5) serving as the Secretary's primary point of contact with
        the National Counterterrorism Center for implementing initiatives
        related to terrorist travel and ensuring that the recommendations
        of the Center related to terrorist travel are carried out by the
        Department.
        ``(d) Report.--Not later than 180 days after the date of the
    enactment of the Implementing Recommendations of the 9/11 Commission
    Act of 2007, the Secretary of Homeland Security shall submit to the
    Committee on Homeland Security and Governmental Affairs of the Senate
    and the Committee on Homeland Security of the House of Representatives
    a report on the implementation of this section.''.
        SEC. 723. ENHANCED DRIVER'S LICENSE.
        Section 7209(b)(1) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
            (1) in subparagraph (B)--
                (A) in clause (vi), by striking ``and'' at the end;
                (B) in clause (vii), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following new clause:
                    ``(viii) the signing of a memorandum of agreement to
                initiate a pilot program with not less than one State to
                determine if an enhanced driver's license, which is
                machine-readable and tamper proof, not valid for
                certification of citizenship for any purpose other than
                admission into the United States from Canada or Mexico, and
                issued by such State to an individual, may permit the
                individual to use the driver's license to meet the
                documentation requirements under subparagraph (A) for entry
                into the United States from Canada or Mexico at land and
                sea ports of entry.''; and
            (2) by adding at the end the following new subparagraph:
                ``(C) Report.--Not later than 180 days after the initiation
            of the pilot program described in subparagraph (B)(viii), the
            Secretary of Homeland Security and the Secretary of State shall
            submit to the appropriate congressional committees a report
            which includes--
                    ``(i) an analysis of the impact of the pilot program on
                national security;
                    ``(ii) recommendations on how to expand the pilot
                program to other States;
                    ``(iii) any appropriate statutory changes to facilitate
                the expansion of the pilot program to additional States and
                to citizens of Canada;
                    ``(iv) a plan to screen individuals participating in
                the pilot program against United States terrorist watch
                lists; and
                    ``(v) a recommendation for the type of machine-readable
                technology that should be used in enhanced driver's
                licenses, based on individual privacy considerations and
                the costs and feasibility of incorporating any new
                technology into existing driver's licenses.''.
        SEC. 724. WESTERN HEMISPHERE TRAVEL INITIATIVE.
        Before the Secretary of Homeland Security publishes a final rule in
    the Federal Register implementing section 7209 of the Intelligence
    Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 8
    U.S.C. 1185 note)--
            (1) the Secretary of Homeland Security shall complete a cost-
        benefit analysis of the Western Hemisphere Travel Initiative,
        authorized under such section 7209; and
            (2) the Secretary of State shall develop proposals for reducing
        the execution fee charged for the passport card, proposed at 71
        Fed. Reg. 60928-32 (October 17, 2006), including the use of mobile
        application teams, during implementation of the land and sea phase
        of the Western Hemisphere Travel Initiative, in order to encourage
        United States citizens to apply for the passport card.
        SEC. 725. MODEL PORTS-OF-ENTRY.
        (a) In General.--The Secretary of Homeland Security shall--
            (1) establish a model ports-of-entry program for the purpose of
        providing a more efficient and welcoming international arrival
        process in order to facilitate and promote business and tourist
        travel to the United States, while also improving security; and
            (2) implement the program initially at the 20 United States
        international airports that have the highest number of foreign
        visitors arriving annually as of the date of the enactment of this
        Act.
        (b) Program Elements.--The program shall include--
            (1) enhanced queue management in the Federal Inspection
        Services area leading up to primary inspection;
            (2) assistance for foreign travelers once they have been
        admitted to the United States, in consultation, as appropriate,
        with relevant governmental and nongovernmental entities; and
            (3) instructional videos, in English and such other languages
        as the Secretary determines appropriate, in the Federal Inspection
        Services area that explain the United States inspection process and
        feature national, regional, or local welcome videos.
        (c) Additional Customs and Border Protection Officers for High-
    Volume Ports.--Subject to the availability of appropriations, not later
    than the end of fiscal year 2008 the Secretary of Homeland Security
    shall employ not fewer than an additional 200 Customs and Border
    Protection officers over the number of such positions for which funds
    were appropriated for the proceeding fiscal year to address staff
    shortages at the 20 United States international airports that have the
    highest number of foreign visitors arriving annually as of the date of
    the enactment of this Act.

                      Subtitle D--Miscellaneous Provisions

        SEC. 731. REPORT REGARDING BORDER SECURITY.
        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of Homeland Security shall submit
    to Congress a report regarding ongoing initiatives of the Department of
    Homeland Security to improve security along the northern border of the
    United States.
        (b) Contents.--The report submitted under subsection (a) shall--
            (1) address the vulnerabilities along the northern border of
        the United States; and
            (2) provide recommendations to address such vulnerabilities,
        including required resources needed to protect the northern border
        of the United States.
        (c) Government Accountability Office.--Not later than 270 days
    after the date of the submission of the report under subsection (a),
    the Comptroller General of the United States shall submit to Congress a
    report that--
            (1) reviews and comments on the report under subsection (a);
        and
            (2) provides recommendations regarding any additional actions
        necessary to protect the northern border of the United States.

                    TITLE VIII--PRIVACY AND CIVIL LIBERTIES

        SEC. 801. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL
          LIBERTIES OVERSIGHT BOARD.
        (a) Modification of Authorities.--Section 1061 of the National
    Security Intelligence Reform Act of 2004 (5 U.S.C. 601 note) is amended
    to read as follows:
    ``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.
        ``(a) In General.--There is established as an independent agency
    within the executive branch a Privacy and Civil Liberties Oversight
    Board (referred to in this section as the `Board').
        ``(b) Findings.--Consistent with the report of the National
    Commission on Terrorist Attacks Upon the United States, Congress makes
    the following findings:
            ``(1) In conducting the war on terrorism, the Government may
        need additional powers and may need to enhance the use of its
        existing powers.
            ``(2) This shift of power and authority to the Government calls
        for an enhanced system of checks and balances to protect the
        precious liberties that are vital to our way of life and to ensure
        that the Government uses its powers for the purposes for which the
        powers were given.
            ``(3) The National Commission on Terrorist Attacks Upon the
        United States correctly concluded that `The choice between security
        and liberty is a false choice, as nothing is more likely to
        endanger America's liberties than the success of a terrorist attack
        at home. Our history has shown us that insecurity threatens
        liberty. Yet, if our liberties are curtailed, we lose the values
        that we are struggling to defend.'.
        ``(c) Purpose.--The Board shall--
            ``(1) analyze and review actions the executive branch takes to
        protect the Nation from terrorism, ensuring that the need for such
        actions is balanced with the need to protect privacy and civil
        liberties; and
            ``(2) ensure that liberty concerns are appropriately considered
        in the development and implementation of laws, regulations, and
        policies related to efforts to protect the Nation against
        terrorism.
        ``(d) Functions.--
            ``(1) Advice and counsel on policy development and
        implementation.--The Board shall--
                ``(A) review proposed legislation, regulations, and
            policies related to efforts to protect the Nation from
            terrorism, including the development and adoption of
            information sharing guidelines under subsections (d) and (f) of
            section 1016;
                ``(B) review the implementation of new and existing
            legislation, regulations, and policies related to efforts to
            protect the Nation from terrorism, including the implementation
            of information sharing guidelines under subsections (d) and (f)
            of section 1016;
                ``(C) advise the President and the departments, agencies,
            and elements of the executive branch to ensure that privacy and
            civil liberties are appropriately considered in the development
            and implementation of such legislation, regulations, policies,
            and guidelines; and
                ``(D) in providing advice on proposals to retain or enhance
            a particular governmental power, consider whether the
            department, agency, or element of the executive branch has
            established--
                    ``(i) that the need for the power is balanced with the
                need to protect privacy and civil liberties;
                    ``(ii) that there is adequate supervision of the use by
                the executive branch of the power to ensure protection of
                privacy and civil liberties; and
                    ``(iii) that there are adequate guidelines and
                oversight to properly confine its use.
            ``(2) Oversight.--The Board shall continually review--
                ``(A) the regulations, policies, and procedures, and the
            implementation of the regulations, policies, and procedures, of
            the departments, agencies, and elements of the executive branch
            relating to efforts to protect the Nation from terrorism to
            ensure that privacy and civil liberties are protected;
                ``(B) the information sharing practices of the departments,
            agencies, and elements of the executive branch relating to
            efforts to protect the Nation from terrorism to determine
            whether they appropriately protect privacy and civil liberties
            and adhere to the information sharing guidelines issued or
            developed under subsections (d) and (f) of section 1016 and to
            other governing laws, regulations, and policies regarding
            privacy and civil liberties; and
                ``(C) other actions by the executive branch relating to
            efforts to protect the Nation from terrorism to determine
            whether such actions--
                    ``(i) appropriately protect privacy and civil
                liberties; and
                    ``(ii) are consistent with governing laws, regulations,
                and policies regarding privacy and civil liberties.
            ``(3) Relationship with privacy and civil liberties officers.--
        The Board shall--
                ``(A) receive and review reports and other information from
            privacy officers and civil liberties officers under section
            1062;
                ``(B) when appropriate, make recommendations to such
            privacy officers and civil liberties officers regarding their
            activities; and
                ``(C) when appropriate, coordinate the activities of such
            privacy officers and civil liberties officers on relevant
            interagency matters.
            ``(4) Testimony.--The members of the Board shall appear and
        testify before Congress upon request.
        ``(e) Reports.--
            ``(1) In general.--The Board shall--
                ``(A) receive and review reports from privacy officers and
            civil liberties officers under section 1062; and
                ``(B) periodically submit, not less than semiannually,
            reports--
                    ``(i)(I) to the appropriate committees of Congress,
                including the Committee on the Judiciary of the Senate, the
                Committee on the Judiciary of the House of Representatives,
                the Committee on Homeland Security and Governmental Affairs
                of the Senate, the Committee on Homeland Security of the
                House of Representatives, the Committee on Oversight and
                Government Reform of the House of Representatives, the
                Select Committee on Intelligence of the Senate, and the
                Permanent Select Committee on Intelligence of the House of
                Representatives; and
                    ``(II) to the President; and
                    ``(ii) which shall be in unclassified form to the
                greatest extent possible, with a classified annex where
                necessary.
            ``(2) Contents.--Not less than 2 reports submitted each year
        under paragraph (1)(B) shall include--
                ``(A) a description of the major activities of the Board
            during the preceding period;
                ``(B) information on the findings, conclusions, and
            recommendations of the Board resulting from its advice and
            oversight functions under subsection (d);
                ``(C) the minority views on any findings, conclusions, and
            recommendations of the Board resulting from its advice and
            oversight functions under subsection (d);
                ``(D) each proposal reviewed by the Board under subsection
            (d)(1) that--
                    ``(i) the Board advised against implementation; and
                    ``(ii) notwithstanding such advice, actions were taken
                to implement; and
                ``(E) for the preceding period, any requests submitted
            under subsection (g)(1)(D) for the issuance of subpoenas that
            were modified or denied by the Attorney General.
        ``(f) Informing the Public.--The Board shall--
            ``(1) make its reports, including its reports to Congress,
        available to the public to the greatest extent that is consistent
        with the protection of classified information and applicable law;
        and
            ``(2) hold public hearings and otherwise inform the public of
        its activities, as appropriate and in a manner consistent with the
        protection of classified information and applicable law.
        ``(g) Access to Information.--
            ``(1) Authorization.--If determined by the Board to be
        necessary to carry out its responsibilities under this section, the
        Board is authorized to--
                ``(A) have access from any department, agency, or element
            of the executive branch, or any Federal officer or employee of
            any such department, agency, or element, to all relevant
            records, reports, audits, reviews, documents, papers,
            recommendations, or other relevant material, including
            classified information consistent with applicable law;
                ``(B) interview, take statements from, or take public
            testimony from personnel of any department, agency, or element
            of the executive branch, or any Federal officer or employee of
            any such department, agency, or element;
                ``(C) request information or assistance from any State,
            tribal, or local government; and
                ``(D) at the direction of a majority of the members of the
            Board, submit a written request to the Attorney General of the
            United States that the Attorney General require, by subpoena,
            persons (other than departments, agencies, and elements of the
            executive branch) to produce any relevant information,
            documents, reports, answers, records, accounts, papers, and
            other documentary or testimonial evidence.
            ``(2) Review of subpoena request.--
                ``(A) In general.--Not later than 30 days after the date of
            receipt of a request by the Board under paragraph (1)(D), the
            Attorney General shall--
                    ``(i) issue the subpoena as requested; or
                    ``(ii) provide the Board, in writing, with an
                explanation of the grounds on which the subpoena request
                has been modified or denied.
                ``(B) Notification.--If a subpoena request is modified or
            denied under subparagraph (A)(ii), the Attorney General shall,
            not later than 30 days after the date of that modification or
            denial, notify the Committee on the Judiciary of the Senate and
            the Committee on the Judiciary of the House of Representatives.
            ``(3) Enforcement of subpoena.--In the case of contumacy or
        failure to obey a subpoena issued pursuant to paragraph (1)(D), the
        United States district court for the judicial district in which the
        subpoenaed person resides, is served, or may be found may issue an
        order requiring such person to produce the evidence required by
        such subpoena.
            ``(4) Agency cooperation.--Whenever information or assistance
        requested under subparagraph (A) or (B) of paragraph (1) is, in the
        judgment of the Board, unreasonably refused or not provided, the
        Board shall report the circumstances to the head of the department,
        agency, or element concerned without delay. The head of the
        department, agency, or element concerned shall ensure that the
        Board is given access to the information, assistance, material, or
        personnel the Board determines to be necessary to carry out its
        functions.
        ``(h) Membership.--
            ``(1) Members.--The Board shall be composed of a full-time
        chairman and 4 additional members, who shall be appointed by the
        President, by and with the advice and consent of the Senate.
            ``(2) Qualifications.--Members of the Board shall be selected
        solely on the basis of their professional qualifications,
        achievements, public stature, expertise in civil liberties and
        privacy, and relevant experience, and without regard to political
        affiliation, but in no event shall more than 3 members of the Board
        be members of the same political party. The President shall, before
        appointing an individual who is not a member of the same political
        party as the President, consult with the leadership of that party,
        if any, in the Senate and House of Representatives.
            ``(3) Incompatible office.--An individual appointed to the
        Board may not, while serving on the Board, be an elected official,
        officer, or employee of the Federal Government, other than in the
        capacity as a member of the Board.
            ``(4) Term.--Each member of the Board shall serve a term of 6
        years, except that--
                ``(A) a member appointed to a term of office after the
            commencement of such term may serve under such appointment only
            for the remainder of such term; and
                ``(B) upon the expiration of the term of office of a
            member, the member shall continue to serve until the member's
            successor has been appointed and qualified, except that no
            member may serve under this subparagraph--
                    ``(i) for more than 60 days when Congress is in session
                unless a nomination to fill the vacancy shall have been
                submitted to the Senate; or
                    ``(ii) after the adjournment sine die of the session of
                the Senate in which such nomination is submitted.
            ``(5) Quorum and meetings.--The Board shall meet upon the call
        of the chairman or a majority of its members. Three members of the
        Board shall constitute a quorum.
        ``(i) Compensation and Travel Expenses.--
            ``(1) Compensation.--
                ``(A) Chairman.--The chairman of the Board shall be
            compensated at the rate of pay payable for a position at level
            III of the Executive Schedule under section 5314 of title 5,
            United States Code.
                ``(B) Members.--Each member of the Board shall be
            compensated at a rate of pay payable for a position at level IV
            of the Executive Schedule under section 5315 of title 5, United
            States Code, for each day during which that member is engaged
            in the actual performance of the duties of the Board.
            ``(2) Travel expenses.--Members of the Board shall be allowed
        travel expenses, including per diem in lieu of subsistence, at
        rates authorized for persons employed intermittently by the
        Government under section 5703(b) of title 5, United States Code,
        while away from their homes or regular places of business in the
        performance of services for the Board.
        ``(j) Staff.--
            ``(1) Appointment and compensation.--The chairman of the Board,
        in accordance with rules agreed upon by the Board, shall appoint
        and fix the compensation of a full-time executive director and such
        other personnel as may be necessary to enable the Board to carry
        out its functions, without regard to the provisions of title 5,
        United States Code, governing appointments in the competitive
        service, and without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of such title relating to
        classification and General Schedule pay rates, except that no rate
        of pay fixed under this subsection may exceed the equivalent of
        that payable for a position at level V of the Executive Schedule
        under section 5316 of title 5, United States Code.
            ``(2) Detailees.--Any Federal employee may be detailed to the
        Board without reimbursement from the Board, and such detailee shall
        retain the rights, status, and privileges of the detailee's regular
        employment without interruption.
            ``(3) Consultant services.--The Board may procure the temporary
        or intermittent services of experts and consultants in accordance
        with section 3109 of title 5, United States Code, at rates that do
        not exceed the daily rate paid a person occupying a position at
        level IV of the Executive Schedule under section 5315 of such
        title.
        ``(k) Security Clearances.--
            ``(1) In general.--The appropriate departments, agencies, and
        elements of the executive branch shall cooperate with the Board to
        expeditiously provide the Board members and staff with appropriate
        security clearances to the extent possible under existing
        procedures and requirements.
            ``(2) Rules and procedures.--After consultation with the
        Secretary of Defense, the Attorney General, and the Director of
        National Intelligence, the Board shall adopt rules and procedures
        of the Board for physical, communications, computer, document,
        personnel, and other security relating to carrying out the
        functions of the Board.
        ``(l) Treatment as Agency, Not as Advisory Committee.--The Board--
            ``(1) is an agency (as defined in section 551(1) of title 5,
        United States Code); and
            ``(2) is not an advisory committee (as defined in section 3(2)
        of the Federal Advisory Committee Act (5 U.S.C. App.)).
        ``(m) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section amounts as follows:
            ``(1) For fiscal year 2008, $5,000,000.
            ``(2) For fiscal year 2009, $6,650,000.
            ``(3) For fiscal year 2010, $8,300,000.
            ``(4) For fiscal year 2011, $10,000,000.
            ``(5) For fiscal year 2012 and each subsequent fiscal year,
        such sums as may be necessary.''.
        (b) Security Rules and Procedures.--The Privacy and Civil Liberties
    Oversight Board shall promptly adopt the security rules and procedures
    required under section 1061(k)(2) of the National Security Intelligence
    Reform Act of 2004 (as added by subsection (a) of this section).
        (c) Transition Provisions.--
            (1) Treatment of incumbent members of the privacy and civil
        liberties oversight board.--
                (A) Continuation of service.--Any individual who is a
            member of the Privacy and Civil Liberties Oversight Board on
            the date of enactment of this Act may continue to serve on the
            Board until 180 days after the date of enactment of this Act.
                (B) Termination of terms.--The term of any individual who
            is a member of the Privacy and Civil Liberties Oversight Board
            on the date of enactment of this Act shall terminate 180 days
            after the date of enactment of this Act.
            (2) Appointments.--
                (A) In general.--The President and the Senate shall take
            such actions as necessary for the President, by and with the
            advice and consent of the Senate, to appoint members to the
            Privacy and Civil Liberties Oversight Board as constituted
            under the amendments made by subsection (a) in a timely manner
            to provide for the continuing operation of the Board and
            orderly implementation of this section.
                (B) Designations.--In making the appointments described
            under subparagraph (A) of the first members of the Privacy and
            Civil Liberties Oversight Board as constituted under the
            amendments made by subsection (a), the President shall provide
            for the members to serve terms of 2, 3, 4, 5, and 6 years
            beginning on the effective date described under subsection
            (d)(1), with the term of each such member to be designated by
            the President.
        (d) Effective Date.--
            (1) In general.--The amendments made by subsection (a) and
        subsection (b) shall take effect 180 days after the date of
        enactment of this Act.
            (2) Transition provisions.--Subsection (c) shall take effect on
        the date of enactment of this Act.
        SEC. 802. DEPARTMENT PRIVACY OFFICER.
        Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is
    amended--
            (1) by inserting ``(a) Appointment and Responsibilities.--''
        before ``The Secretary''; and
            (2) by adding at the end the following:
        ``(b) Authority To Investigate.--
            ``(1) In general.--The senior official appointed under
        subsection (a) may--
                ``(A) have access to all records, reports, audits, reviews,
            documents, papers, recommendations, and other materials
            available to the Department that relate to programs and
            operations with respect to the responsibilities of the senior
            official under this section;
                ``(B) make such investigations and reports relating to the
            administration of the programs and operations of the Department
            as are, in the senior official's judgment, necessary or
            desirable;
                ``(C) subject to the approval of the Secretary, require by
            subpoena the production, by any person other than a Federal
            agency, of all information, documents, reports, answers,
            records, accounts, papers, and other data and documentary
            evidence necessary to performance of the responsibilities of
            the senior official under this section; and
                ``(D) administer to or take from any person an oath,
            affirmation, or affidavit, whenever necessary to performance of
            the responsibilities of the senior official under this section.
            ``(2) Enforcement of subpoenas.--Any subpoena issued under
        paragraph (1)(C) shall, in the case of contumacy or refusal to
        obey, be enforceable by order of any appropriate United States
        district court.
            ``(3) Effect of oaths.--Any oath, affirmation, or affidavit
        administered or taken under paragraph (1)(D) by or before an
        employee of the Privacy Office designated for that purpose by the
        senior official appointed under subsection (a) shall have the same
        force and effect as if administered or taken by or before an
        officer having a seal of office.
        ``(c) Supervision and Coordination.--
            ``(1) In general.--The senior official appointed under
        subsection (a) shall--
                ``(A) report to, and be under the general supervision of,
            the Secretary; and
                ``(B) coordinate activities with the Inspector General of
            the Department in order to avoid duplication of effort.
            ``(2) Coordination with the inspector general.--
                ``(A) In general.--Except as provided in subparagraph (B),
            the senior official appointed under subsection (a) may
            investigate any matter relating to possible violations or abuse
            concerning the administration of any program or operation of
            the Department relevant to the purposes under this section.
                ``(B) Coordination.--
                    ``(i) Referral.--Before initiating any investigation
                described under subparagraph (A), the senior official shall
                refer the matter and all related complaints, allegations,
                and information to the Inspector General of the Department.
                    ``(ii) Determinations and notifications by the
                inspector general.--

                        ``(I) In general.--Not later than 30 days after the
                    receipt of a matter referred under clause (i), the
                    Inspector General shall--

                            ``(aa) make a determination regarding whether
                        the Inspector General intends to initiate an audit
                        or investigation of the matter referred under
                        clause (i); and
                            ``(bb) notify the senior official of that
                        determination.

                        ``(II) Investigation not initiated.--If the
                    Inspector General notifies the senior official under
                    subclause (I)(bb) that the Inspector General intended
                    to initiate an audit or investigation, but does not
                    initiate that audit or investigation within 90 days
                    after providing that notification, the Inspector
                    General shall further notify the senior official that
                    an audit or investigation was not initiated. The
                    further notification under this subclause shall be made
                    not later than 3 days after the end of that 90-day
                    period.

                    ``(iii) Investigation by senior official.--The senior
                official may investigate a matter referred under clause (i)
                if--

                        ``(I) the Inspector General notifies the senior
                    official under clause (ii)(I)(bb) that the Inspector
                    General does not intend to initiate an audit or
                    investigation relating to that matter; or
                        ``(II) the Inspector General provides a further
                    notification under clause (ii)(II) relating to that
                    matter.

                    ``(iv) Privacy training.--Any employee of the Office of
                Inspector General who audits or investigates any matter
                referred under clause (i) shall be required to receive
                adequate training on privacy laws, rules, and regulations,
                to be provided by an entity approved by the Inspector
                General in consultation with the senior official appointed
                under subsection (a).
        ``(d) Notification to Congress on Removal.--If the Secretary
    removes the senior official appointed under subsection (a) or transfers
    that senior official to another position or location within the
    Department, the Secretary shall--
            ``(1) promptly submit a written notification of the removal or
        transfer to Houses of Congress; and
            ``(2) include in any such notification the reasons for the
        removal or transfer.
        ``(e) Reports by Senior Official to Congress.--The senior official
    appointed under subsection (a) shall--
            ``(1) submit reports directly to the Congress regarding
        performance of the responsibilities of the senior official under
        this section, without any prior comment or amendment by the
        Secretary, Deputy Secretary, or any other officer or employee of
        the Department or the Office of Management and Budget; and
            ``(2) inform the Committee on Homeland Security and
        Governmental Affairs of the Senate and the Committee on Homeland
        Security of the House of Representatives not later than--
                ``(A) 30 days after the Secretary disapproves the senior
            official's request for a subpoena under subsection (b)(1)(C) or
            the Secretary substantively modifies the requested subpoena; or
                ``(B) 45 days after the senior official's request for a
            subpoena under subsection (b)(1)(C), if that subpoena has not
            either been approved or disapproved by the Secretary.''.
        SEC. 803. PRIVACY AND CIVIL LIBERTIES OFFICERS.
        (a) In General.--Section 1062 of the National Security Intelligence
    Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3688) is
    amended to read as follows:
    ``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.
        ``(a) Designation and Functions.--The Attorney General, the
    Secretary of Defense, the Secretary of State, the Secretary of the
    Treasury, the Secretary of Health and Human Services, the Secretary of
    Homeland Security, the Director of National Intelligence, the Director
    of the Central Intelligence Agency, and the head of any other
    department, agency, or element of the executive branch designated by
    the Privacy and Civil Liberties Oversight Board under section 1061 to
    be appropriate for coverage under this section shall designate not less
    than 1 senior officer to serve as the principal advisor to--
            ``(1) assist the head of such department, agency, or element
        and other officials of such department, agency, or element in
        appropriately considering privacy and civil liberties concerns when
        such officials are proposing, developing, or implementing laws,
        regulations, policies, procedures, or guidelines related to efforts
        to protect the Nation against terrorism;
            ``(2) periodically investigate and review department, agency,
        or element actions, policies, procedures, guidelines, and related
        laws and their implementation to ensure that such department,
        agency, or element is adequately considering privacy and civil
        liberties in its actions;
            ``(3) ensure that such department, agency, or element has
        adequate procedures to receive, investigate, respond to, and
        redress complaints from individuals who allege such department,
        agency, or element has violated their privacy or civil liberties;
        and
            ``(4) in providing advice on proposals to retain or enhance a
        particular governmental power the officer shall consider whether
        such department, agency, or element has established--
                ``(A) that the need for the power is balanced with the need
            to protect privacy and civil liberties;
                ``(B) that there is adequate supervision of the use by such
            department, agency, or element of the power to ensure
            protection of privacy and civil liberties; and
                ``(C) that there are adequate guidelines and oversight to
            properly confine its use.
        ``(b) Exception to Designation Authority.--
            ``(1) Privacy officers.--In any department, agency, or element
        referred to in subsection (a) or designated by the Privacy and
        Civil Liberties Oversight Board, which has a statutorily created
        privacy officer, such officer shall perform the functions specified
        in subsection (a) with respect to privacy.
            ``(2) Civil liberties officers.--In any department, agency, or
        element referred to in subsection (a) or designated by the Board,
        which has a statutorily created civil liberties officer, such
        officer shall perform the functions specified in subsection (a)
        with respect to civil liberties.
        ``(c) Supervision and Coordination.--Each privacy officer or civil
    liberties officer described in subsection (a) or (b) shall--
            ``(1) report directly to the head of the department, agency, or
        element concerned; and
            ``(2) coordinate their activities with the Inspector General of
        such department, agency, or element to avoid duplication of effort.
        ``(d) Agency Cooperation.--The head of each department, agency, or
    element shall ensure that each privacy officer and civil liberties
    officer--
            ``(1) has the information, material, and resources necessary to
        fulfill the functions of such officer;
            ``(2) is advised of proposed policy changes;
            ``(3) is consulted by decision makers; and
            ``(4) is given access to material and personnel the officer
        determines to be necessary to carry out the functions of such
        officer.
        ``(e) Reprisal for Making Complaint.--No action constituting a
    reprisal, or threat of reprisal, for making a complaint or for
    disclosing information to a privacy officer or civil liberties officer
    described in subsection (a) or (b), or to the Privacy and Civil
    Liberties Oversight Board, that indicates a possible violation of
    privacy protections or civil liberties in the administration of the
    programs and operations of the Federal Government relating to efforts
    to protect the Nation from terrorism shall be taken by any Federal
    employee in a position to take such action, unless the complaint was
    made or the information was disclosed with the knowledge that it was
    false or with willful disregard for its truth or falsity.
        ``(f) Periodic Reports.--
            ``(1) In general.--The privacy officers and civil liberties
        officers of each department, agency, or element referred to or
        described in subsection (a) or (b) shall periodically, but not less
        than quarterly, submit a report on the activities of such
        officers--
                ``(A)(i) to the appropriate committees of Congress,
            including the Committee on the Judiciary of the Senate, the
            Committee on the Judiciary of the House of Representatives, the
            Committee on Homeland Security and Governmental Affairs of the
            Senate, the Committee on Oversight and Government Reform of the
            House of Representatives, the Select Committee on Intelligence
            of the Senate, and the Permanent Select Committee on
            Intelligence of the House of Representatives;
                ``(ii) to the head of such department, agency, or element;
            and
                ``(iii) to the Privacy and Civil Liberties Oversight Board;
            and
                ``(B) which shall be in unclassified form to the greatest
            extent possible, with a classified annex where necessary.
            ``(2) Contents.--Each report submitted under paragraph (1)
        shall include information on the discharge of each of the functions
        of the officer concerned, including--
                ``(A) information on the number and types of reviews
            undertaken;
                ``(B) the type of advice provided and the response given to
            such advice;
                ``(C) the number and nature of the complaints received by
            the department, agency, or element concerned for alleged
            violations; and
                ``(D) a summary of the disposition of such complaints, the
            reviews and inquiries conducted, and the impact of the
            activities of such officer.
        ``(g) Informing the Public.--Each privacy officer and civil
    liberties officer shall--
            ``(1) make the reports of such officer, including reports to
        Congress, available to the public to the greatest extent that is
        consistent with the protection of classified information and
        applicable law; and
            ``(2) otherwise inform the public of the activities of such
        officer, as appropriate and in a manner consistent with the
        protection of classified information and applicable law.
        ``(h) Savings Clause.--Nothing in this section shall be construed
    to limit or otherwise supplant any other authorities or
    responsibilities provided by law to privacy officers or civil liberties
    officers.''.
        (b) Clerical Amendment.--The table of contents for the Intelligence
    Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is
    amended by striking the item relating to section 1062 and inserting the
    following new item:

    ``Sec. 1062. Privacy and civil liberties officers.''.
        SEC. 804. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.
        (a) Short Title.--This section may be cited as the ``Federal Agency
    Data Mining Reporting Act of 2007''.
        (b) Definitions.--In this section:
            (1) Data mining.--The term ``data mining'' means a program
        involving pattern-based queries, searches, or other analyses of 1
        or more electronic databases, where--
                (A) a department or agency of the Federal Government, or a
            non-Federal entity acting on behalf of the Federal Government,
            is conducting the queries, searches, or other analyses to
            discover or locate a predictive pattern or anomaly indicative
            of terrorist or criminal activity on the part of any individual
            or individuals;
                (B) the queries, searches, or other analyses are not
            subject-based and do not use personal identifiers of a specific
            individual, or inputs associated with a specific individual or
            group of individuals, to retrieve information from the database
            or databases; and
                (C) the purpose of the queries, searches, or other analyses
            is not solely--
                    (i) the detection of fraud, waste, or abuse in a
                Government agency or program; or
                    (ii) the security of a Government computer system.
            (2) Database.--The term ``database'' does not include telephone
        directories, news reporting, information publicly available to any
        member of the public without payment of a fee, or databases of
        judicial and administrative opinions or other legal research
        sources.
        (c) Reports on Data Mining Activities by Federal Agencies.--
            (1) Requirement for report.--The head of each department or
        agency of the Federal Government that is engaged in any activity to
        use or develop data mining shall submit a report to Congress on all
        such activities of the department or agency under the jurisdiction
        of that official. The report shall be produced in coordination with
        the privacy officer of that department or agency, if applicable,
        and shall be made available to the public, except for an annex
        described in subparagraph (C).
            (2) Content of report.--Each report submitted under
        subparagraph (A) shall include, for each activity to use or develop
        data mining, the following information:
                (A) A thorough description of the data mining activity, its
            goals, and, where appropriate, the target dates for the
            deployment of the data mining activity.
                (B) A thorough description of the data mining technology
            that is being used or will be used, including the basis for
            determining whether a particular pattern or anomaly is
            indicative of terrorist or criminal activity.
                (C) A thorough description of the data sources that are
            being or will be used.
                (D) An assessment of the efficacy or likely efficacy of the
            data mining activity in providing accurate information
            consistent with and valuable to the stated goals and plans for
            the use or development of the data mining activity.
                (E) An assessment of the impact or likely impact of the
            implementation of the data mining activity on the privacy and
            civil liberties of individuals, including a thorough
            description of the actions that are being taken or will be
            taken with regard to the property, privacy, or other rights or
            privileges of any individual or individuals as a result of the
            implementation of the data mining activity.
                (F) A list and analysis of the laws and regulations that
            govern the information being or to be collected, reviewed,
            gathered, analyzed, or used in conjunction with the data mining
            activity, to the extent applicable in the context of the data
            mining activity.
                (G) A thorough discussion of the policies, procedures, and
            guidelines that are in place or that are to be developed and
            applied in the use of such data mining activity in order to--
                    (i) protect the privacy and due process rights of
                individuals, such as redress procedures; and
                    (ii) ensure that only accurate and complete information
                is collected, reviewed, gathered, analyzed, or used, and
                guard against any harmful consequences of potential
                inaccuracies.
            (3) Annex.--
                (A) In general.--A report under subparagraph (A) shall
            include in an annex any necessary--
                    (i) classified information;
                    (ii) law enforcement sensitive information;
                    (iii) proprietary business information; or
                    (iv) trade secrets (as that term is defined in section
                1839 of title 18, United States Code).
                (B) Availability.--Any annex described in clause (i)--
                    (i) shall be available, as appropriate, and consistent
                with the National Security Act of 1947 (50 U.S.C. 401 et
                seq.), to the Committee on Homeland Security and
                Governmental Affairs, the Committee on the Judiciary, the
                Select Committee on Intelligence, the Committee on
                Appropriations, and the Committee on Banking, Housing, and
                Urban Affairs of the Senate and the Committee on Homeland
                Security, the Committee on the Judiciary, the Permanent
                Select Committee on Intelligence, the Committee on
                Appropriations, and the Committee on Financial Services of
                the House of Representatives; and
                    (ii) shall not be made available to the public.
            (4) Time for report.--Each report required under subparagraph
        (A) shall be--
                (A) submitted not later than 180 days after the date of
            enactment of this Act; and
                (B) updated not less frequently than annually thereafter,
            to include any activity to use or develop data mining engaged
            in after the date of the prior report submitted under
            subparagraph (A).

                     TITLE IX--PRIVATE SECTOR PREPAREDNESS

        SEC. 901. PRIVATE SECTOR PREPAREDNESS.
        (a) In General.--Title V of the Homeland Security Act of 2002 (6
    U.S.C. 311 et seq.), as amended by section 409, is further amended by
    adding at the end the following:
        ``SEC. 523. GUIDANCE AND RECOMMENDATIONS.
        ``(a) In General.--Consistent with their responsibilities and
    authorities under law, as of the day before the date of the enactment
    of this section, the Administrator and the Assistant Secretary for
    Infrastructure Protection, in consultation with the private sector, may
    develop guidance or recommendations and identify best practices to
    assist or foster action by the private sector in--
            ``(1) identifying potential hazards and assessing risks and
        impacts;
            ``(2) mitigating the impact of a wide variety of hazards,
        including weapons of mass destruction;
            ``(3) managing necessary emergency preparedness and response
        resources;
            ``(4) developing mutual aid agreements;
            ``(5) developing and maintaining emergency preparedness and
        response plans, and associated operational procedures;
            ``(6) developing and conducting training and exercises to
        support and evaluate emergency preparedness and response plans and
        operational procedures;
            ``(7) developing and conducting training programs for security
        guards to implement emergency preparedness and response plans and
        operations procedures; and
            ``(8) developing procedures to respond to requests for
        information from the media or the public.
        ``(b) Issuance and Promotion.--Any guidance or recommendations
    developed or best practices identified under subsection (a) shall be--
            ``(1) issued through the Administrator; and
            ``(2) promoted by the Secretary to the private sector.
        ``(c) Small Business Concerns.--In developing guidance or
    recommendations or identifying best practices under subsection (a), the
    Administrator and the Assistant Secretary for Infrastructure Protection
    shall take into consideration small business concerns (under the
    meaning given that term in section 3 of the Small Business Act (15
    U.S.C. 632)), including any need for separate guidance or
    recommendations or best practices, as necessary and appropriate.
        ``(d) Rule of Construction.--Nothing in this section may be
    construed to supersede any requirement established under any other
    provision of law.
        ``SEC. 524. VOLUNTARY PRIVATE SECTOR PREPAREDNESS ACCREDITATION AND
          CERTIFICATION PROGRAM.
        ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through the officer
        designated under paragraph (2), shall establish and implement the
        voluntary private sector preparedness accreditation and
        certification program in accordance with this section.
            ``(2) Designation of officer.--The Secretary shall designate an
        officer responsible for the accreditation and certification program
        under this section. Such officer (hereinafter referred to in this
        section as the `designated officer') shall be one of the following:
                ``(A) The Administrator, based on consideration of--
                    ``(i) the expertise of the Administrator in emergency
                management and preparedness in the United States; and
                    ``(ii) the responsibilities of the Administrator as the
                principal advisor to the President for all matters relating
                to emergency management in the United States.
                ``(B) The Assistant Secretary for Infrastructure
            Protection, based on consideration of the expertise of the
            Assistant Secretary in, and responsibilities for--
                    ``(i) protection of critical infrastructure;
                    ``(ii) risk assessment methodologies; and
                    ``(iii) interacting with the private sector on the
                issues described in clauses (i) and (ii).
                ``(C) The Under Secretary for Science and Technology, based
            on consideration of the expertise of the Under Secretary in,
            and responsibilities associated with, standards.
            ``(3) Coordination.--In carrying out the accreditation and
        certification program under this section, the designated officer
        shall coordinate with--
                ``(A) the other officers of the Department referred to in
            paragraph (2), using the expertise and responsibilities of such
            officers; and
                ``(B) the Special Assistant to the Secretary for the
            Private Sector, based on consideration of the expertise of the
            Special Assistant in, and responsibilities for, interacting
            with the private sector.
        ``(b) Voluntary Private Sector Preparedness Standards; Voluntary
    Accreditation and Certification Program for the Private Sector.--
            ``(1) Accreditation and certification program.--Not later than
        210 days after the date of enactment of the Implementing
        Recommendations of the 9/11 Commission Act of 2007, the designated
        officer shall--
                ``(A) begin supporting the development and updating, as
            necessary, of voluntary preparedness standards through
            appropriate organizations that coordinate or facilitate the
            development and use of voluntary consensus standards and
            voluntary consensus standards development organizations; and
                ``(B) in consultation with representatives of appropriate
            organizations that coordinate or facilitate the development and
            use of voluntary consensus standards, appropriate voluntary
            consensus standards development organizations, each private
            sector advisory council created under section 102(f)(4),
            appropriate representatives of State and local governments,
            including emergency management officials, and appropriate
            private sector advisory groups, such as sector coordinating
            councils and information sharing and analysis centers--
                    ``(i) develop and promote a program to certify the
                preparedness of private sector entities that voluntarily
                choose to seek certification under the program; and
                    ``(ii) implement the program under this subsection
                through any entity with which the designated officer enters
                into an agreement under paragraph (3)(A), which shall
                accredit third parties to carry out the certification
                process under this section.
            ``(2) Program elements.--
                ``(A) In general.--
                    ``(i) Program.--The program developed and implemented
                under this subsection shall assess whether a private sector
                entity complies with voluntary preparedness standards.
                    ``(ii) Guidelines.--In developing the program under
                this subsection, the designated officer shall develop
                guidelines for the accreditation and certification
                processes established under this subsection.
                ``(B) Standards.--The designated officer, in consultation
            with representatives of appropriate organizations that
            coordinate or facilitate the development and use of voluntary
            consensus standards, representatives of appropriate voluntary
            consensus standards development organizations, each private
            sector advisory council created under section 102(f)(4),
            appropriate representatives of State and local governments,
            including emergency management officials, and appropriate
            private sector advisory groups such as sector coordinating
            councils and information sharing and analysis centers--
                    ``(i) shall adopt one or more appropriate voluntary
                preparedness standards that promote preparedness, which may
                be tailored to address the unique nature of various sectors
                within the private sector, as necessary and appropriate,
                that shall be used in the accreditation and certification
                program under this subsection; and
                    ``(ii) after the adoption of one or more standards
                under clause (i), may adopt additional voluntary
                preparedness standards or modify or discontinue the use of
                voluntary preparedness standards for the accreditation and
                certification program, as necessary and appropriate to
                promote preparedness.
                ``(C) Submission of recommendations.--In adopting one or
            more standards under subparagraph (B), the designated officer
            may receive recommendations from any entity described in that
            subparagraph relating to appropriate voluntary preparedness
            standards, including appropriate sector specific standards, for
            adoption in the program.
                ``(D) Small business concerns.--The designated officer and
            any entity with which the designated officer enters into an
            agreement under paragraph (3)(A) shall establish separate
            classifications and methods of certification for small business
            concerns (under the meaning given that term in section 3 of the
            Small Business Act (15 U.S.C. 632)) for the program under this
            subsection.
                ``(E) Considerations.--In developing and implementing the
            program under this subsection, the designated officer shall--
                    ``(i) consider the unique nature of various sectors
                within the private sector, including preparedness
                standards, business continuity standards, or best
                practices, established--

                        ``(I) under any other provision of Federal law; or
                        ``(II) by any sector-specific agency, as defined
                    under Homeland Security Presidential Directive-7; and

                    ``(ii) coordinate the program, as appropriate, with--

                        ``(I) other Department private sector related
                    programs; and
                        ``(II) preparedness and business continuity
                    programs in other Federal agencies.

            ``(3) Accreditation and certification processes.--
                ``(A) Agreement.--
                    ``(i) In general.--Not later than 210 days after the
                date of enactment of the Implementing Recommendations of
                the 9/11 Commission Act of 2007, the designated officer
                shall enter into one or more agreements with a highly
                qualified nongovernmental entity with experience or
                expertise in coordinating and facilitating the development
                and use of voluntary consensus standards and in managing or
                implementing accreditation and certification programs for
                voluntary consensus standards, or a similarly qualified
                private sector entity, to carry out accreditations and
                oversee the certification process under this subsection. An
                entity entering into an agreement with the designated
                officer under this clause (hereinafter referred to in this
                section as a `selected entity') shall not perform
                certifications under this subsection.
                    ``(ii) Contents.--A selected entity shall manage the
                accreditation process and oversee the certification process
                in accordance with the program established under this
                subsection and accredit qualified third parties to carry
                out the certification program established under this
                subsection.
                ``(B) Procedures and requirements for accreditation and
            certification.--
                    ``(i) In general.--Any selected entity shall
                collaborate to develop procedures and requirements for the
                accreditation and certification processes under this
                subsection, in accordance with the program established
                under this subsection and guidelines developed under
                paragraph (2)(A)(ii).
                    ``(ii) Contents and use.--The procedures and
                requirements developed under clause (i) shall--

                        ``(I) ensure reasonable uniformity in any
                    accreditation and certification processes if there is
                    more than one selected entity; and
                        ``(II) be used by any selected entity in conducting
                    accreditations and overseeing the certification process
                    under this subsection.

                    ``(iii) Disagreement.--Any disagreement among selected
                entities in developing procedures under clause (i) shall be
                resolved by the designated officer.
                ``(C) Designation.--A selected entity may accredit any
            qualified third party to carry out the certification process
            under this subsection.
                ``(D) Disadvantaged business involvement.--In accrediting
            qualified third parties to carry out the certification process
            under this subsection, a selected entity shall ensure, to the
            extent practicable, that the third parties include qualified
            small, minority, women-owned, or disadvantaged business
            concerns when appropriate. The term `disadvantaged business
            concern' means a small business that is owned and controlled by
            socially and economically disadvantaged individuals, as defined
            in section 124 of title 13, United States Code of Federal
            Regulations.
                ``(E) Treatment of other certifications.--At the request of
            any entity seeking certification, any selected entity may
            consider, as appropriate, other relevant certifications
            acquired by the entity seeking certification. If the selected
            entity determines that such other certifications are sufficient
            to meet the certification requirement or aspects of the
            certification requirement under this section, the selected
            entity may give credit to the entity seeking certification, as
            appropriate, to avoid unnecessarily duplicative certification
            requirements.
                ``(F) Third parties.--To be accredited under subparagraph
            (C), a third party shall--
                    ``(i) demonstrate that the third party has the ability
                to certify private sector entities in accordance with the
                procedures and requirements developed under subparagraph
                (B);
                    ``(ii) agree to perform certifications in accordance
                with such procedures and requirements;
                    ``(iii) agree not to have any beneficial interest in or
                any direct or indirect control over--

                        ``(I) a private sector entity for which that third
                    party conducts a certification under this subsection;
                    or
                        ``(II) any organization that provides preparedness
                    consulting services to private sector entities;

                    ``(iv) agree not to have any other conflict of interest
                with respect to any private sector entity for which that
                third party conducts a certification under this subsection;
                    ``(v) maintain liability insurance coverage at policy
                limits in accordance with the requirements developed under
                subparagraph (B); and
                    ``(vi) enter into an agreement with the selected entity
                accrediting that third party to protect any proprietary
                information of a private sector entity obtained under this
                subsection.
                ``(G) Monitoring.--
                    ``(i) In general.--The designated officer and any
                selected entity shall regularly monitor and inspect the
                operations of any third party conducting certifications
                under this subsection to ensure that the third party is
                complying with the procedures and requirements established
                under subparagraph (B) and all other applicable
                requirements.
                    ``(ii) Revocation.--If the designated officer or any
                selected entity determines that a third party is not
                meeting the procedures or requirements established under
                subparagraph (B), the selected entity shall--

                        ``(I) revoke the accreditation of that third party
                    to conduct certifications under this subsection; and
                        ``(II) review any certification conducted by that
                    third party, as necessary and appropriate.

            ``(4) Annual review.--
                ``(A) In general.--The designated officer, in consultation
            with representatives of appropriate organizations that
            coordinate or facilitate the development and use of voluntary
            consensus standards, appropriate voluntary consensus standards
            development organizations, appropriate representatives of State
            and local governments, including emergency management
            officials, and each private sector advisory council created
            under section 102(f)(4), shall annually review the voluntary
            accreditation and certification program established under this
            subsection to ensure the effectiveness of such program
            (including the operations and management of such program by any
            selected entity and the selected entity's inclusion of
            qualified disadvantaged business concerns under paragraph
            (3)(D)) and make improvements and adjustments to the program as
            necessary and appropriate.
                ``(B) Review of standards.--Each review under subparagraph
            (A) shall include an assessment of the voluntary preparedness
            standard or standards used in the program under this
            subsection.
            ``(5) Voluntary participation.--Certification under this
        subsection shall be voluntary for any private sector entity.
            ``(6) Public listing.--The designated officer shall maintain
        and make public a listing of any private sector entity certified as
        being in compliance with the program established under this
        subsection, if that private sector entity consents to such listing.
        ``(c) Rule of Construction.--Nothing in this section may be
    construed as--
            ``(1) a requirement to replace any preparedness, emergency
        response, or business continuity standards, requirements, or best
        practices established--
                ``(A) under any other provision of federal law; or
                ``(B) by any sector-specific agency, as those agencies are
            defined under Homeland Security Presidential Directive-7; or
            ``(2) exempting any private sector entity seeking certification
        or meeting certification requirements under subsection (b) from
        compliance with all applicable statutes, regulations, directives,
        policies, and industry codes of practice.''.
        (b) Report to Congress.--Not later than 210 days after the date of
    enactment of this Act, the Secretary shall submit to the Committee on
    Homeland Security and Governmental Affairs of the Senate and the
    Committee on Homeland Security and the Committee on Transportation and
    Infrastructure of the House of Representatives a report detailing--
            (1) any action taken to implement section 524(b) of the
        Homeland Security Act of 2002, as added by subsection (a),
        including a discussion of--
                (A) the separate methods of classification and
            certification for small business concerns (under the meaning
            given that term in section 3 of the Small Business Act (15
            U.S.C. 632)) as compared to other private sector entities; and
                (B) whether the separate classifications and methods of
            certification for small business concerns are likely to help to
            ensure that such measures are not overly burdensome and are
            adequate to meet the voluntary preparedness standard or
            standards adopted by the program under section 524(b) of the
            Homeland Security Act of 2002, as added by subsection (a); and
            (2) the status, as of the date of that report, of the
        implementation of that subsection.
        (c) Deadline for Designation of Officer.--The Secretary of Homeland
    Security shall designate the officer as described in section 524 of the
    Homeland Security Act of 2002, as added by subsection (a), by not later
    than 30 days after the date of the enactment of this Act.
        (d) Definition.--Section 2 of the Homeland Security Act of 2002 (6
    U.S.C. 101) is amended by adding at the end the following:
            ``(18) The term `voluntary preparedness standards' means a
        common set of criteria for preparedness, disaster management,
        emergency management, and business continuity programs, such as the
        American National Standards Institute's National Fire Protection
        Association Standard on Disaster/Emergency Management and Business
        Continuity Programs (ANSI/NFPA 1600).''.
        (e) Clerical Amendments.--The table of contents in section 1(b) of
    such Act is further amended by adding at the end the following:

    ``Sec. 523. Guidance and recommendations.
    ``Sec. 524. Voluntary private sector preparedness accreditation and
              certification program.''.

        (f) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section
    and the amendments made by this section.
        SEC. 902. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE
          DEPARTMENT.
        (a) In General.--Section 102(f) of the Homeland Security Act of
    2002 (6 U.S.C. 112(f)) is amended--
            (1) by redesignating paragraphs (8) through (10) as paragraphs
        (9) through (11), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) providing information to the private sector regarding
        voluntary preparedness standards and the business justification for
        preparedness and promoting to the private sector the adoption of
        voluntary preparedness standards;''.
        (b) Private Sector Advisory Councils.--Section 102(f)(4) of the
    Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by inserting ``and'' after the
        semicolon at the end; and
            (3) by adding at the end the following:
                ``(C) advise the Secretary on private sector preparedness
            issues, including effective methods for--
                    ``(i) promoting voluntary preparedness standards to the
                private sector; and
                    ``(ii) assisting the private sector in adopting
                voluntary preparedness standards;''.

              TITLE X--IMPROVING CRITICAL INFRASTRUCTURE SECURITY

    SEC. 1001. NATIONAL ASSET DATABASE.
        (a) In General.--Subtitle A of title II of the Homeland Security
    Act of 2002, as amended by title V, is further amended by adding at the
    end the following new section:
    ``SEC. 210E. NATIONAL ASSET DATABASE.
        ``(a) Establishment.--
            ``(1) National asset database.--The Secretary shall establish
        and maintain a national database of each system or asset that--
                ``(A) the Secretary, in consultation with appropriate
            homeland security officials of the States, determines to be
            vital and the loss, interruption, incapacity, or destruction of
            which would have a negative or debilitating effect on the
            economic security, public health, or safety of the United
            States, any State, or any local government; or
                ``(B) the Secretary determines is appropriate for inclusion
            in the database.
            ``(2) Prioritized critical infrastructure list.--In accordance
        with Homeland Security Presidential Directive-7, as in effect on
        January 1, 2007, the Secretary shall establish and maintain a
        single classified prioritized list of systems and assets included
        in the database under paragraph (1) that the Secretary determines
        would, if destroyed or disrupted, cause national or regional
        catastrophic effects.
        ``(b) Use of Database.--The Secretary shall use the database
    established under subsection (a)(1) in the development and
    implementation of Department plans and programs as appropriate.
        ``(c) Maintenance of Database.--
            ``(1) In general.--The Secretary shall maintain and annually
        update the database established under subsection (a)(1) and the
        list established under subsection (a)(2), including--
                ``(A) establishing data collection guidelines and providing
            such guidelines to the appropriate homeland security official
            of each State;
                ``(B) regularly reviewing the guidelines established under
            subparagraph (A), including by consulting with the appropriate
            homeland security officials of States, to solicit feedback
            about the guidelines, as appropriate;
                ``(C) after providing the homeland security official of a
            State with the guidelines under subparagraph (A), allowing the
            official a reasonable amount of time to submit to the Secretary
            any data submissions recommended by the official for inclusion
            in the database established under subsection (a)(1);
                ``(D) examining the contents and identifying any
            submissions made by such an official that are described
            incorrectly or that do not meet the guidelines established
            under subparagraph (A); and
                ``(E) providing to the appropriate homeland security
            official of each relevant State a list of submissions
            identified under subparagraph (D) for review and possible
            correction before the Secretary finalizes the decision of which
            submissions will be included in the database established under
            subsection (a)(1).
            ``(2) Organization of information in database.--The Secretary
        shall organize the contents of the database established under
        subsection (a)(1) and the list established under subsection (a)(2)
        as the Secretary determines is appropriate. Any organizational
        structure of such contents shall include the categorization of the
        contents--
                ``(A) according to the sectors listed in National
            Infrastructure Protection Plan developed pursuant to Homeland
            Security Presidential Directive-7; and
                ``(B) by the State and county of their location.
            ``(3) Private sector integration.--The Secretary shall identify
        and evaluate methods, including the Department's Protected Critical
        Infrastructure Information Program, to acquire relevant private
        sector information for the purpose of using that information to
        generate any database or list, including the database established
        under subsection (a)(1) and the list established under subsection
        (a)(2).
            ``(4) Retention of classification.--The classification of
        information required to be provided to Congress, the Department, or
        any other department or agency under this section by a sector-
        specific agency, including the assignment of a level of
        classification of such information, shall be binding on Congress,
        the Department, and that other Federal agency.
        ``(d) Reports.--
            ``(1) Report required.--Not later than 180 days after the date
        of the enactment of the Implementing Recommendations of the 9/11
        Commission Act of 2007, and annually thereafter, the Secretary
        shall submit to the Committee on Homeland Security and Governmental
        Affairs of the Senate and the Committee on Homeland Security of the
        House of Representatives a report on the database established under
        subsection (a)(1) and the list established under subsection (a)(2).
            ``(2) Contents of report.--Each such report shall include the
        following:
                ``(A) The name, location, and sector classification of each
            of the systems and assets on the list established under
            subsection (a)(2).
                ``(B) The name, location, and sector classification of each
            of the systems and assets on such list that are determined by
            the Secretary to be most at risk to terrorism.
                ``(C) Any significant challenges in compiling the list of
            the systems and assets included on such list or in the database
            established under subsection (a)(1).
                ``(D) Any significant changes from the preceding report in
            the systems and assets included on such list or in such
            database.
                ``(E) If appropriate, the extent to which such database and
            such list have been used, individually or jointly, for
            allocating funds by the Federal Government to prevent, reduce,
            mitigate, or respond to acts of terrorism.
                ``(F) The amount of coordination between the Department and
            the private sector, through any entity of the Department that
            meets with representatives of private sector industries for
            purposes of such coordination, for the purpose of ensuring the
            accuracy of such database and such list.
                ``(G) Any other information the Secretary deems relevant.
            ``(3) Classified information.--The report shall be submitted in
        unclassified form but may contain a classified annex.
        ``(e) Inspector General Study.--By not later than two years after
    the date of enactment of the Implementing Recommendations of the 9/11
    Commission Act of 2007, the Inspector General of the Department shall
    conduct a study of the implementation of this section.
        ``(f) National Infrastructure Protection Consortium.--The Secretary
    may establish a consortium to be known as the `National Infrastructure
    Protection Consortium'. The Consortium may advise the Secretary on the
    best way to identify, generate, organize, and maintain any database or
    list of systems and assets established by the Secretary, including the
    database established under subsection (a)(1) and the list established
    under subsection (a)(2). If the Secretary establishes the National
    Infrastructure Protection Consortium, the Consortium may--
            ``(1) be composed of national laboratories, Federal agencies,
        State and local homeland security organizations, academic
        institutions, or national Centers of Excellence that have
        demonstrated experience working with and identifying critical
        infrastructure and key resources; and
            ``(2) provide input to the Secretary on any request pertaining
        to the contents of such database or such list.''.
        (b) Deadlines for Implementation and Notification of Congress.--Not
    later than 180 days after the date of the enactment of this Act, the
    Secretary of Homeland Security shall submit the first report required
    under section 210E(d) of the Homeland Security Act of 2002, as added by
    subsection (a).
        (c) Clerical Amendment.--The table of contents in section 1(b) of
    such Act is further amended by inserting after the item relating to
    section 210D the following:

    ``Sec. 210E. National Asset Database.''.
    SEC. 1002. RISK ASSESSMENTS AND REPORT.
        (a) Risk Assessments.--Section 201(d) of the Homeland Security Act
    of 2002 (6 U.S.C. 121(d)) is further amended by adding at the end the
    following new paragraph:
            ``(25) To prepare and submit to the Committee on Homeland
        Security and Governmental Affairs of the Senate and the Committee
        on Homeland Security in the House of Representatives, and to other
        appropriate congressional committees having jurisdiction over the
        critical infrastructure or key resources, for each sector
        identified in the National Infrastructure Protection Plan, a report
        on the comprehensive assessments carried out by the Secretary of
        the critical infrastructure and key resources of the United States,
        evaluating threat, vulnerability, and consequence, as required
        under this subsection. Each such report--
                ``(A) shall contain, if applicable, actions or
            countermeasures recommended or taken by the Secretary or the
            head of another Federal agency to address issues identified in
            the assessments;
                ``(B) shall be required for fiscal year 2007 and each
            subsequent fiscal year and shall be submitted not later than 35
            days after the last day of the fiscal year covered by the
            report; and
                ``(C) may be classified.''.
        (b) Report on Industry Preparedness.--Not later than 6 months after
    the last day of fiscal year 2007 and each subsequent fiscal year, the
    Secretary of Homeland Security, in cooperation with the Secretary of
    Commerce, the Secretary of Transportation, the Secretary of Defense,
    and the Secretary of Energy, shall submit to the Committee on Banking,
    Housing, and Urban Affairs and the Committee on Homeland Security and
    Governmental Affairs of the Senate and the Committee on Financial
    Services and the Committee on Homeland Security of the House of
    Representatives a report that details the actions taken by the Federal
    Government to ensure, in accordance with subsections (a) and (c) of
    section 101 of the Defense Production Act of 1950 (50 U.S.C. App.
    2071), the preparedness of industry to reduce interruption of critical
    infrastructure and key resource operations during an act of terrorism,
    natural catastrophe, or other similar national emergency.
    SEC. 1003. SENSE OF CONGRESS REGARDING THE INCLUSION OF LEVEES IN THE
    NATIONAL INFRASTRUCTURE PROTECTION PLAN.
        It is the sense of Congress that the Secretary should ensure that
    levees are included in one of the critical infrastructure and key
    resources sectors identified in the National Infrastructure Protection
    Plan.

        TITLE XI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

    SEC. 1101. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
        (a) In General.--Title III of the Homeland Security Act of 2002 (6
    U.S.C. et seq.) is amended by adding at the end the following:
        ``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.
        ``(a) Establishment.--The Secretary shall establish, operate, and
    maintain a National Biosurveillance Integration Center (referred to in
    this section as the `NBIC'), which shall be headed by a Directing
    Officer, under an office or directorate of the Department that is in
    existence as of the date of the enactment of this section.
        ``(b) Primary Mission.--The primary mission of the NBIC is to--
            ``(1) enhance the capability of the Federal Government to--
                ``(A) rapidly identify, characterize, localize, and track a
            biological event of national concern by integrating and
            analyzing data relating to human health, animal, plant, food,
            and environmental monitoring systems (both national and
            international); and
                ``(B) disseminate alerts and other information to Member
            Agencies and, in coordination with (and where possible through)
            Member Agencies, to agencies of State, local, and tribal
            governments, as appropriate, to enhance the ability of such
            agencies to respond to a biological event of national concern;
            and
            ``(2) oversee development and operation of the National
        Biosurveillance Integration System.
        ``(c) Requirements.--The NBIC shall detect, as early as possible, a
    biological event of national concern that presents a risk to the United
    States or the infrastructure or key assets of the United States,
    including by--
            ``(1) consolidating data from all relevant surveillance systems
        maintained by Member Agencies to detect biological events of
        national concern across human, animal, and plant species;
            ``(2) seeking private sources of surveillance, both foreign and
        domestic, when such sources would enhance coverage of critical
        surveillance gaps;
            ``(3) using an information technology system that uses the best
        available statistical and other analytical tools to identify and
        characterize biological events of national concern in as close to
        real-time as is practicable;
            ``(4) providing the infrastructure for such integration,
        including information technology systems and space, and support for
        personnel from Member Agencies with sufficient expertise to enable
        analysis and interpretation of data;
            ``(5) working with Member Agencies to create information
        technology systems that use the minimum amount of patient data
        necessary and consider patient confidentiality and privacy issues
        at all stages of development and apprise the Privacy Officer of
        such efforts; and
            ``(6) alerting Member Agencies and, in coordination with (and
        where possible through) Member Agencies, public health agencies of
        State, local, and tribal governments regarding any incident that
        could develop into a biological event of national concern.
        ``(d) Responsibilities of the Directing Officer of the NBIC.--
            ``(1) In general.--The Directing Officer of the NBIC shall--
                ``(A) on an ongoing basis, monitor the availability and
            appropriateness of surveillance systems used by the NBIC and
            those systems that could enhance biological situational
            awareness or the overall performance of the NBIC;
                ``(B) on an ongoing basis, review and seek to improve the
            statistical and other analytical methods used by the NBIC;
                ``(C) receive and consider other relevant homeland security
            information, as appropriate; and
                ``(D) provide technical assistance, as appropriate, to all
            Federal, regional, State, local, and tribal government entities
            and private sector entities that contribute data relevant to
            the operation of the NBIC.
            ``(2) Assessments.--The Directing Officer of the NBIC shall--
                ``(A) on an ongoing basis, evaluate available data for
            evidence of a biological event of national concern; and
                ``(B) integrate homeland security information with NBIC
            data to provide overall situational awareness and determine
            whether a biological event of national concern has occurred.
            ``(3) Information sharing.--
                ``(A) In general.--The Directing Officer of the NBIC
            shall--
                    ``(i) establish a method of real-time communication
                with the National Operations Center;
                    ``(ii) in the event that a biological event of national
                concern is detected, notify the Secretary and disseminate
                results of NBIC assessments relating to that biological
                event of national concern to appropriate Federal response
                entities and, in coordination with relevant Member
                Agencies, regional, State, local, and tribal governmental
                response entities in a timely manner;
                    ``(iii) provide any report on NBIC assessments to
                Member Agencies and, in coordination with relevant Member
                Agencies, any affected regional, State, local, or tribal
                government, and any private sector entity considered
                appropriate that may enhance the mission of such Member
                Agencies, governments, or entities or the ability of the
                Nation to respond to biological events of national concern;
                and
                    ``(iv) share NBIC incident or situational awareness
                reports, and other relevant information, consistent with
                the information sharing environment established under
                section 1016 of the Intelligence Reform and Terrorism
                Prevention Act of 2004 (6 U.S.C. 485) and any policies,
                guidelines, procedures, instructions, or standards
                established under that section.
                ``(B) Consultation.--The Directing Officer of the NBIC
            shall implement the activities described in subparagraph (A)
            consistent with the policies, guidelines, procedures,
            instructions, or standards established under section 1016 of
            the Intelligence Reform and Terrorism Prevention Act of 2004 (6
            U.S.C. 485) and in consultation with the Director of National
            Intelligence, the Under Secretary for Intelligence and
            Analysis, and other offices or agencies of the Federal
            Government, as appropriate.
        ``(e) Responsibilities of the NBIC Member Agencies.--
            ``(1) In general.--Each Member Agency shall--
                ``(A) use its best efforts to integrate biosurveillance
            information into the NBIC, with the goal of promoting
            information sharing between Federal, State, local, and tribal
            governments to detect biological events of national concern;
                ``(B) provide timely information to assist the NBIC in
            maintaining biological situational awareness for accurate
            detection and response purposes;
                ``(C) enable the NBIC to receive and use biosurveillance
            information from member agencies to carry out its requirements
            under subsection (c);
                ``(D) connect the biosurveillance data systems of that
            Member Agency to the NBIC data system under mutually agreed
            protocols that are consistent with subsection (c)(5);
                ``(E) participate in the formation of strategy and policy
            for the operation of the NBIC and its information sharing;
                ``(F) provide personnel to the NBIC under an interagency
            personnel agreement and consider the qualifications of such
            personnel necessary to provide human, animal, and environmental
            data analysis and interpretation support to the NBIC; and
                ``(G) retain responsibility for the surveillance and
            intelligence systems of that department or agency, if
            applicable.
        ``(f) Administrative Authorities.--
            ``(1) Hiring of experts.--The Directing Officer of the NBIC
        shall hire individuals with the necessary expertise to develop and
        operate the NBIC.
            ``(2) Detail of personnel.--Upon the request of the Directing
        Officer of the NBIC, the head of any Federal department or agency
        may detail, on a reimbursable basis, any of the personnel of that
        department or agency to the Department to assist the NBIC in
        carrying out this section.
        ``(g) NBIC Interagency Working Group.--The Directing Officer of the
    NBIC shall--
            ``(1) establish an interagency working group to facilitate
        interagency cooperation and to advise the Directing Officer of the
        NBIC regarding recommendations to enhance the biosurveillance
        capabilities of the Department; and
            ``(2) invite Member Agencies to serve on that working group.
        ``(h) Relationship to Other Departments and Agencies.--The
    authority of the Directing Officer of the NBIC under this section shall
    not affect any authority or responsibility of any other department or
    agency of the Federal Government with respect to biosurveillance
    activities under any program administered by that department or agency.
        ``(i) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
        ``(j) Definitions.--In this section:
            ``(1) The terms `biological agent' and `toxin' have the
        meanings given those terms in section 178 of title 18, United
        States Code.
            ``(2) The term `biological event of national concern' means--
                ``(A) an act of terrorism involving a biological agent or
            toxin; or
                ``(B) a naturally occurring outbreak of an infectious
            disease that may result in a national epidemic.
            ``(3) The term `homeland security information' has the meaning
        given that term in section 892.
            ``(4) The term `Member Agency' means any Federal department or
        agency that, at the discretion of the head of that department or
        agency, has entered a memorandum of understanding regarding
        participation in the NBIC.
            ``(5) The term `Privacy Officer' means the Privacy Officer
        appointed under section 222.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by
    inserting after the item relating to section 315 the following:

    ``Sec. 316. National Biosurveillance Integration Center.''.

        (c) Deadline for Implementation.--The National Biosurveillance
    Integration Center under section 316 of the Homeland Security Act, as
    added by subsection (a), shall be fully operational by not later than
    September 30, 2008.
        (d) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary of Homeland Security shall submit to the
    Committee on Homeland Security and Governmental Affairs of the Senate
    and the Committee on Homeland Security of the House of Representatives
    an interim report on the status of the operations at the National
    Biosurviellance Integration Center that addresses the efforts of the
    Center to integrate the surveillance efforts of Federal, State, local,
    and tribal governments. When the National Biosurveillance Integration
    Center is fully operational, the Secretary shall submit to such
    committees a final report on the status of such operations.
    SEC. 1102. BIOSURVEILLANCE EFFORTS.
        The Comptroller General of the United States shall submit to
    Congress a report--
            (1) describing the state of Federal, State, local, and tribal
        government biosurveillance efforts as of the date of such report;
            (2) describing any duplication of effort at the Federal, State,
        local, or tribal government level to create biosurveillance
        systems; and
            (3) providing the recommendations of the Comptroller General
        regarding--
                (A) the integration of biosurveillance systems;
                (B) the effective use of biosurveillance resources; and
                (C) the effective use of the expertise of Federal, State,
            local, and tribal governments.
    SEC. 1103. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR
    AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.
        (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et
    seq.) is amended by inserting after section 1906, as redesignated by
    section 104, the following:
    ``SEC. 1907. JOINT ANNUAL INTERAGENCY REVIEW OF GLOBAL NUCLEAR
    DETECTION ARCHITECTURE.
        ``(a) Annual Review.--
            ``(1) In general.--The Secretary, the Attorney General, the
        Secretary of State, the Secretary of Defense, the Secretary of
        Energy, and the Director of National Intelligence shall jointly
        ensure interagency coordination on the development and
        implementation of the global nuclear detection architecture by
        ensuring that, not less frequently than once each year--
                ``(A) each relevant agency, office, or entity--
                    ``(i) assesses its involvement, support, and
                participation in the development, revision, and
                implementation of the global nuclear detection
                architecture; and
                    ``(ii) examines and evaluates components of the global
                nuclear detection architecture (including associated
                strategies and acquisition plans) relating to the
                operations of that agency, office, or entity, to determine
                whether such components incorporate and address current
                threat assessments, scenarios, or intelligence analyses
                developed by the Director of National Intelligence or other
                agencies regarding threats relating to nuclear or
                radiological weapons of mass destruction; and
                ``(B) each agency, office, or entity deploying or operating
            any nuclear or radiological detection technology under the
            global nuclear detection architecture--
                    ``(i) evaluates the deployment and operation of nuclear
                or radiological detection technologies under the global
                nuclear detection architecture by that agency, office, or
                entity;
                    ``(ii) identifies performance deficiencies and
                operational or technical deficiencies in nuclear or
                radiological detection technologies deployed under the
                global nuclear detection architecture; and
                    ``(iii) assesses the capacity of that agency, office,
                or entity to implement the responsibilities of that agency,
                office, or entity under the global nuclear detection
                architecture.
            ``(2) Technology.--Not less frequently than once each year, the
        Secretary shall examine and evaluate the development, assessment,
        and acquisition of radiation detection technologies deployed or
        implemented in support of the domestic portion of the global
        nuclear detection architecture.
        ``(b) Annual Report on Joint Interagency Review.--
            ``(1) In general.--Not later than March 31 of each year, the
        Secretary, the Attorney General, the Secretary of State, the
        Secretary of Defense, the Secretary of Energy, and the Director of
        National Intelligence, shall jointly submit a report regarding the
        implementation of this section and the results of the reviews
        required under subsection (a) to--
                ``(A) the President;
                ``(B) the Committee on Appropriations, the Committee on
            Armed Services, the Select Committee on Intelligence, and the
            Committee on Homeland Security and Governmental Affairs of the
            Senate; and
                ``(C) the Committee on Appropriations, the Committee on
            Armed Services, the Permanent Select Committee on Intelligence,
            the Committee on Homeland Security, and the Committee on
            Science and Technology of the House of Representatives.
            ``(2) Form.--The annual report submitted under paragraph (1)
        shall be submitted in unclassified form to the maximum extent
        practicable, but may include a classified annex.
        ``(c) Definition.--In this section, the term `global nuclear
    detection architecture' means the global nuclear detection architecture
    developed under section 1902.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by
    inserting after the item relating to section 1906, as added by section
    104, the following:

    ``Sec. 1907. Joint annual interagency review of global nuclear detection
              architecture.''.
    SEC. 1104. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.
        (a) Responsibility of Secretary.--The Secretary of Homeland
    Security shall have responsibility for ensuring that domestic chemical,
    biological, radiological, and nuclear detection equipment and
    technologies are integrated, as appropriate, with other border security
    systems and detection technologies.
        (b) Report.--Not later than 6 months after the date of enactment of
    this Act, the Secretary shall submit a report to Congress that contains
    a plan to develop a departmental technology assessment process to
    determine and certify the technology readiness levels of chemical,
    biological, radiological, and nuclear detection technologies before the
    full deployment of such technologies within the United States.

      TITLE XII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

    SEC. 1201. DEFINITIONS.
        For purposes of this title, the following terms apply:
            (1) Department.--The term ``Department'' means the Department
        of Homeland Security.
            (2) Secretary.--The term ``Secretary'' means the Secretary of
        Homeland Security.
    SEC. 1202. TRANSPORTATION SECURITY STRATEGIC PLANNING.
        (a) In General.--Section 114(t)(1)(B) of title 49, United States
    Code, is amended to read as follows:
                ``(B) transportation modal security plans addressing
            security risks, including threats, vulnerabilities, and
            consequences, for aviation, railroad, ferry, highway, maritime,
            pipeline, public transportation, over-the-road bus, and other
            transportation infrastructure assets.''.
        (b) Contents of the National Strategy for Transportation
    Security.--Section 114(t)(3) of such title is amended--
            (1) in subparagraph (B), by inserting ``, based on risk
        assessments conducted or received by the Secretary of Homeland
        Security (including assessments conducted under the Implementing
        Recommendations of the 9/11 Commission Act of 2007'' after ``risk
        based priorities'';
            (2) in subparagraph (D)--
                (A) by striking ``and local'' and inserting ``local, and
            tribal''; and
                (B) by striking ``private sector cooperation and
            participation'' and inserting ``cooperation and participation
            by private sector entities, including nonprofit employee labor
            organizations,'';
            (3) in subparagraph (E)--
                (A) by striking ``response'' and inserting ``prevention,
            response,''; and
                (B) by inserting ``and threatened and executed acts of
            terrorism outside the United States to the extent such acts
            affect United States transportation systems'' before the period
            at the end;
            (4) in subparagraph (F), by adding at the end the following:
        ``Transportation security research and development projects shall
        be based, to the extent practicable, on such prioritization.
        Nothing in the preceding sentence shall be construed to require the
        termination of any research or development project initiated by the
        Secretary of Homeland Security or the Secretary of Transportation
        before the date of enactment of the Implementing Recommendations of
        the 9/11 Commission Act of 2007.''; and
            (5) by adding at the end the following:
                ``(G) A 3- and 10-year budget for Federal transportation
            security programs that will achieve the priorities of the
            National Strategy for Transportation Security.
                ``(H) Methods for linking the individual transportation
            modal security plans and the programs contained therein, and a
            plan for addressing the security needs of intermodal
            transportation.
                ``(I) Transportation modal security plans described in
            paragraph (1)(B), including operational recovery plans to
            expedite, to the maximum extent practicable, the return to
            operation of an adversely affected transportation system
            following a major terrorist attack on that system or other
            incident. These plans shall be coordinated with the resumption
            of trade protocols required under section 202 of the SAFE Port
            Act (6 U.S.C. 942) and the National Maritime Transportation
            Security Plan required under section 70103(a) of title 46.''.
        (c) Periodic Progress Reports.--Section 114(t)(4) of such title is
    amended--
            (1) in subparagraph (C)--
                (A) in clause (i) by inserting ``, including the
            transportation modal security plans'' before the period at the
            end; and
                (B) by striking clause (ii) and inserting the following:
                    ``(ii) Content.--Each progress report submitted under
                this subparagraph shall include, at a minimum, the
                following:

                        ``(I) Recommendations for improving and
                    implementing the National Strategy for Transportation
                    Security and the transportation modal and intermodal
                    security plans that the Secretary of Homeland Security,
                    in consultation with the Secretary of Transportation,
                    considers appropriate.
                        ``(II) An accounting of all grants for
                    transportation security, including grants and contracts
                    for research and development, awarded by the Secretary
                    of Homeland Security in the most recent fiscal year and
                    a description of how such grants accomplished the goals
                    of the National Strategy for Transportation Security.
                        ``(III) An accounting of all--

                            ``(aa) funds requested in the President's
                        budget submitted pursuant to section 1105 of title
                        31 for the most recent fiscal year for
                        transportation security, by mode;
                            ``(bb) personnel working on transportation
                        security by mode, including the number of
                        contractors; and
                            ``(cc) information on the turnover in the
                        previous year among senior staff of the Department
                        of Homeland Security, including component agencies,
                        working on transportation security issues. Such
                        information shall include the number of employees
                        who have permanently left the office, agency, or
                        area in which they worked, and the amount of time
                        that they worked for the Department.
                    ``(iii) Written explanation of transportation security
                activities not delineated in the national strategy for
                transportation security.--At the end of each fiscal year,
                the Secretary of Homeland Security shall submit to the
                appropriate congressional committees a written explanation
                of any Federal transportation security activity that is
                inconsistent with the National Strategy for Transportation
                Security, including the amount of funds to be expended for
                the activity and the number of personnel involved.''; and
            (2) by striking subparagraph (E) and inserting the following:
                ``(E) Appropriate congressional committees defined.--In
            this subsection, the term `appropriate congressional
            committees' means the Committee on Transportation and
            Infrastructure and the Committee on Homeland Security of the
            House of Representatives and the Committee on Commerce,
            Science, and Transportation, the Committee on Homeland Security
            and Governmental Affairs, and the Committee on Banking,
            Housing, and Urban Affairs of the Senate.''.
        (d) Priority Status.--Section 114(t)(5)(B) of such title is
    amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) by redesignating clause (iv) as clause (v); and
            (3) by inserting after clause (iii) the following:
                    ``(iv) the transportation sector specific plan required
                under Homeland Security Presidential Directive-7; and''.
        (e) Coordination and Plan Distribution.--Section 114(t) of such
    title is amended by adding at the end the following:
            ``(6) Coordination.--In carrying out the responsibilities under
        this section, the Secretary of Homeland Security, in coordination
        with the Secretary of Transportation, shall consult, as
        appropriate, with Federal, State, and local agencies, tribal
        governments, private sector entities (including nonprofit employee
        labor organizations), institutions of higher learning, and other
        entities.
            ``(7) Plan distribution.--The Secretary of Homeland Security
        shall make available and appropriately publicize an unclassified
        version of the National Strategy for Transportation Security,
        including its component transportation modal security plans, to
        Federal, State, regional, local and tribal authorities,
        transportation system owners or operators, private sector
        stakeholders, including nonprofit employee labor organizations
        representing transportation employees, institutions of higher
        learning, and other appropriate entities.''.
    SEC. 1203. TRANSPORTATION SECURITY INFORMATION SHARING.
        (a) In General.--Section 114 of title 49, United States Code, is
    amended by adding at the end the following:
        ``(u) Transportation Security Information Sharing Plan.--
            ``(1) Definitions.--In this subsection:
                ``(A) Appropriate congressional committees.--The term
            `appropriate congressional committees' has the meaning given
            that term in subsection (t).
                ``(B) Plan.--The term `Plan' means the Transportation
            Security Information Sharing Plan established under paragraph
            (2).
                ``(C) Public and private stakeholders.--The term `public
            and private stakeholders' means Federal, State, and local
            agencies, tribal governments, and appropriate private entities,
            including nonprofit employee labor organizations representing
            transportation employees.
                ``(D) Secretary.--The term `Secretary' means the Secretary
            of Homeland Security.
                ``(E) Transportation security information.--The term
            `transportation security information' means information
            relating to the risks to transportation modes, including
            aviation, public transportation, railroad, ferry, highway,
            maritime, pipeline, and over-the-road bus transportation, and
            may include specific and general intelligence products, as
            appropriate.
            ``(2) Establishment of plan.--The Secretary of Homeland
        Security, in consultation with the program manager of the
        information sharing environment established under section 1016 of
        the Intelligence Reform and Terrorism Prevention Act of 2004 (6
        U.S.C. 485), the Secretary of Transportation, and public and
        private stakeholders, shall establish a Transportation Security
        Information Sharing Plan. In establishing the Plan, the Secretary
        shall gather input on the development of the Plan from private and
        public stakeholders and the program manager of the information
        sharing environment established under section 1016 of the
        Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
        485).
            ``(3) Purpose of plan.--The Plan shall promote sharing of
        transportation security information between the Department of
        Homeland Security and public and private stakeholders.
            ``(4) Content of plan.--The Plan shall include--
                ``(A) a description of how intelligence analysts within the
            Department of Homeland Security will coordinate their
            activities within the Department and with other Federal, State,
            and local agencies, and tribal governments, including
            coordination with existing modal information sharing centers
            and the center described in section 1410 of the Implementing
            Recommendations of the 9/11 Commission Act of 2007;
                ``(B) the establishment of a point of contact, which may be
            a single point of contact within the Department of Homeland
            Security, for each mode of transportation for the sharing of
            transportation security information with public and private
            stakeholders, including an explanation and justification to the
            appropriate congressional committees if the point of contact
            established pursuant to this subparagraph differs from the
            agency within the Department that has the primary authority, or
            has been delegated such authority by the Secretary, to regulate
            the security of that transportation mode;
                ``(C) a reasonable deadline by which the Plan will be
            implemented; and
                ``(D) a description of resource needs for fulfilling the
            Plan.
            ``(5) Coordination with information sharing .--The Plan shall
        be--
                ``(A) implemented in coordination, as appropriate, with the
            program manager for the information sharing environment
            established under section 1016 of the Intelligence Reform and
            Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
                ``(B) consistent with the establishment of the information
            sharing environment and any policies, guidelines, procedures,
            instructions, or standards established by the President or the
            program manager for the implementation and management of the
            information sharing environment.
            ``(6) Reports to congress.--
                ``(A) In general.--Not later than 150 days after the date
            of enactment of this subsection, and annually thereafter, the
            Secretary shall submit to the appropriate congressional
            committees, a report containing the Plan.
                ``(B) Annual report.--Not later than 1 year after the date
            of enactment of this subsection, the Secretary shall submit to
            the appropriate congressional committees a report on updates to
            and the implementation of the Plan.
            ``(7) Survey and report.--
                ``(A) In general.--The Comptroller General of the United
            States shall conduct a biennial survey of the satisfaction of
            recipients of transportation intelligence reports disseminated
            under the Plan.
                ``(B) Information sought.--The survey conducted under
            subparagraph (A) shall seek information about the quality,
            speed, regularity, and classification of the transportation
            security information products disseminated by the Department of
            Homeland Security to public and private stakeholders.
                ``(C) Report.--Not later than 1 year after the date of the
            enactment of the Implementing Recommendations of the 9/11
            Commission Act of 2007, and every even numbered year
            thereafter, the Comptroller General shall submit to the
            appropriate congressional committees, a report on the results
            of the survey conducted under subparagraph (A). The Comptroller
            General shall also provide a copy of the report to the
            Secretary.
            ``(8) Security clearances.--The Secretary shall, to the
        greatest extent practicable, take steps to expedite the security
        clearances needed for designated public and private stakeholders to
        receive and obtain access to classified information distributed
        under this section, as appropriate.
            ``(9) Classification of material.--The Secretary, to the
        greatest extent practicable, shall provide designated public and
        private stakeholders with transportation security information in an
        unclassified format.''.
        (b) Congressional Oversight of Security Assurance for Public and
    Private Stakeholders.--
            (1) In general.--Except as provided in paragraph (2), the
        Secretary shall provide a semiannual report to the Committee on
        Homeland Security and Governmental Affairs, the Committee on
        Commerce, Science, and Transportation, and the Committee on
        Banking, Housing, and Urban Affairs of the Senate and the Committee
        on Homeland Security and the Committee on Transportation and
        Infrastructure of the House of Representatives that includes--
                (A) the number of public and private stakeholders who were
            provided with each report;
                (B) a description of the measures the Secretary has taken,
            under section 114(u)(7) of title 49, United States Code, as
            added by this section, or otherwise, to ensure proper treatment
            and security for any classified information to be shared with
            the public and private stakeholders under the Plan; and
                (C) an explanation of the reason for the denial of
            transportation security information to any stakeholder who had
            previously received such information.
            (2) No report required if no changes in stakeholders.--The
        Secretary is not required to provide a semiannual report under
        paragraph (1) if no stakeholders have been added to or removed from
        the group of persons with whom transportation security information
        is shared under the plan since the end of the period covered by the
        last preceding semiannual report.
    SEC. 1204. NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.
        (a) In General.--The Secretary is authorized to establish, operate,
    and maintain a National Domestic Preparedness Consortium within the
    Department.
        (b) Members.--Members of the National Domestic Preparedness
    Consortium shall consist of--
            (1) the Center for Domestic Preparedness;
            (2) the National Energetic Materials Research and Testing
        Center, New Mexico Institute of Mining and Technology;
            (3) the National Center for Biomedical Research and Training,
        Louisiana State University;
            (4) the National Emergency Response and Rescue Training Center,
        Texas A&M University;
            (5) the National Exercise, Test, and Training Center, Nevada
        Test Site;
            (6) the Transportation Technology Center, Incorporated, in
        Pueblo, Colorado; and
            (7) the National Disaster Preparedness Training Center,
        University of Hawaii.
        (c) Duties.--The National Domestic Preparedness Consortium shall
    identify, develop, test, and deliver training to State, local, and
    tribal emergency response providers, provide on-site and mobile
    training at the performance and management and planning levels, and
    facilitate the delivery of training by the training partners of the
    Department.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary--
            (1) for the Center for Domestic Preparedness--
                (A) $57,000,000 for fiscal year 2008;
                (B) $60,000,000 for fiscal year 2009;
                (C) $63,000,000 for fiscal year 2010; and
                (D) $66,000,000 for fiscal year 2011; and
            (2) for the National Energetic Materials Research and Testing
        Center, the National Center for Biomedical Research and Training,
        the National Emergency Response and Rescue Training Center, the
        National Exercise, Test, and Training Center, the Transportation
        Technology Center, Incorporated, and the National Disaster
        Preparedness Training Center each--
                (A) $22,000,000 for fiscal year 2008;
                (B) $23,000,000 for fiscal year 2009;
                (C) $24,000,000 for fiscal year 2010; and
                (D) $25,500,000 for fiscal year 2011.
        (e) Savings Provision.--From the amounts appropriated pursuant to
    this section, the Secretary shall ensure that future amounts provided
    to each of the following entities are not less than the amounts
    provided to each such entity for participation in the Consortium in
    fiscal year 2007--
            (1) the Center for Domestic Preparedness;
            (2) the National Energetic Materials Research and Testing
        Center, New Mexico Institute of Mining and Technology;
            (3) the National Center for Biomedical Research and Training,
        Louisiana State University;
            (4) the National Emergency Response and Rescue Training Center,
        Texas A&M University; and
            (5) the National Exercise, Test, and Training Center, Nevada
        Test Site.
    SEC. 1205. NATIONAL TRANSPORTATION SECURITY CENTER OF EXCELLENCE.
        (a) Establishment.--The Secretary shall establish a National
    Transportation Security Center of Excellence to conduct research and
    education activities, and to develop or provide professional security
    training, including the training of transportation employees and
    transportation professionals.
        (b) Designation.--The Secretary shall select one of the
    institutions identified in subsection (c) as the lead institution
    responsible for coordinating the National Transportation Security
    Center of Excellence.
        (c) Member Institutions.--
            (1) Consortium.--The institution of higher education selected
        under subsection (b) shall execute agreements with the other
        institutions of higher education identified in this subsection and
        other institutions designated by the Secretary to develop a
        consortium to assist in accomplishing the goals of the Center.
            (2) Members.--The National Transportation Security Center of
        Excellence shall consist of--
                (A) Texas Southern University in Houston, Texas;
                (B) the National Transit Institute at Rutgers, The State
            University of New Jersey;
                (C) Tougaloo College;
                (D) the Connecticut Transportation Institute at the
            University of Connecticut;
                (E) the Homeland Security Management Institute, Long Island
            University;
                (F) the Mack-Blackwell National Rural Transportation Study
            Center at the University of Arkansas; and
                (G) any additional institutions or facilities designated by
            the Secretary.
            (3) Certain inclusions.--To the extent practicable, the
        Secretary shall ensure that an appropriate number of any additional
        consortium colleges or universities designated by the Secretary
        under this subsection are Historically Black Colleges and
        Universities, Hispanic Serving Institutions, and Indian Tribally
        Controlled Colleges and Universities.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
            (1) $18,000,000 for fiscal year 2008;
            (2) $18,000,000 for fiscal year 2009;
            (3) $18,000,000 for fiscal year 2010; and
            (4) $18,000,000 for fiscal year 2011.
    SEC. 1206. IMMUNITY FOR REPORTS OF SUSPECTED TERRORIST ACTIVITY OR
    SUSPICIOUS BEHAVIOR AND RESPONSE.
        (a) Immunity for Reports of Suspected Terrorist Activity or
    Suspicious Behavior.--
            (1) In general.--Any person who, in good faith and based on
        objectively reasonable suspicion, makes, or causes to be made, a
        voluntary report of covered activity to an authorized official
        shall be immune from civil liability under Federal, State, and
        local law for such report.
            (2) False reports.--Paragraph (1) shall not apply to any report
        that the person knew to be false or was made with reckless
        disregard for the truth at the time that person made that report.
        (b) Immunity for Response.--
            (1) In general.--Any authorized official who observes, or
        receives a report of, covered activity and takes reasonable action
        in good faith to respond to such activity shall have qualified
        immunity from civil liability for such action, consistent with
        applicable law in the relevant jurisdiction. An authorized official
        as defined by subsection (d)(1)(A) not entitled to assert the
        defense of qualified immunity shall nevertheless be immune from
        civil liability under Federal, State, and local law if such
        authorized official takes reasonable action, in good faith, to
        respond to the reported activity.
            (2) Savings clause.--Nothing in this subsection shall affect
        the ability of any authorized official to assert any defense,
        privilege, or immunity that would otherwise be available, and this
        subsection shall not be construed as affecting any such defense,
        privilege, or immunity.
        (c) Attorney Fees and Costs.--Any person or authorized official
    found to be immune from civil liability under this section shall be
    entitled to recover from the plaintiff all reasonable costs and
    attorney fees.
        (d) Definitions.--In this section:
            (1) Authorized official.--The term ``authorized official''
        means--
                (A) any employee or agent of a passenger transportation
            system or other person with responsibilities relating to the
            security of such systems;
                (B) any officer, employee, or agent of the Department of
            Homeland Security, the Department of Transportation, or the
            Department of Justice with responsibilities relating to the
            security of passenger transportation systems; or
                (C) any Federal, State, or local law enforcement officer.
            (2) Covered activity.--The term ``covered activity'' means any
        suspicious transaction, activity, or occurrence that involves, or
        is directed against, a passenger transportation system or vehicle
        or its passengers indicating that an individual may be engaging, or
        preparing to engage, in a violation of law relating to--
                (A) a threat to a passenger transportation system or
            passenger safety or security; or
                (B) an act of terrorism (as that term is defined in section
            3077 of title 18, United States Code).
            (3) Passenger transportation.--The term ``passenger
        transportation'' means--
                (A) public transportation, as defined in section 5302 of
            title 49, United States Code;
                (B) over-the-road bus transportation, as defined in title
            XV of this Act, and school bus transportation;
                (C) intercity passenger rail transportation as defined in
            section 24102 of title 49, United States Code;
                (D) the transportation of passengers onboard a passenger
            vessel as defined in section 2101 of title 46, United States
            Code;
                (E) other regularly scheduled waterborne transportation
            service of passengers by vessel of at least 20 gross tons; and
                (F) air transportation, as defined in section 40102 of
            title 49, United States Code, of passengers.
            (4) Passenger transportation system.--The term ``passenger
        transportation system'' means an entity or entities organized to
        provide passenger transportation using vehicles, including the
        infrastructure used to provide such transportation.
            (5) Vehicle.--The term ``vehicle'' has the meaning given to
        that term in section 1992(16) of title 18, United States Code.
        (e) Effective Date.--This section shall take effect on October 1,
    2006, and shall apply to all activities and claims occurring on or
    after such date.

                TITLE XIII--TRANSPORTATION SECURITY ENHANCEMENTS

    SEC. 1301. DEFINITIONS.
        For purposes of this title, the following terms apply:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Commerce, Science, and Transportation, the Committee on Banking,
        Housing, and Urban Affairs, and the Committee on Homeland Security
        and Governmental Affairs of the Senate and the Committee on
        Homeland Security and the Committee on Transportation and
        Infrastructure of the House of Representatives.
            (2) Department.--The term ``Department'' means the Department
        of Homeland Security.
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Homeland Security.
            (4) State.--The term ``State'' means any one of the 50 States,
        the District of Columbia, Puerto Rico, the Northern Mariana
        Islands, the Virgin Islands, Guam, American Samoa, and any other
        territory or possession of the United States.
            (5) Terrorism.--The term ``terrorism'' has the meaning that
        term has in section 2 of the Homeland Security Act of 2002 (6
        U.S.C. 101).
            (6) United states.--The term ``United States'' means the 50
        States, the District of Columbia, Puerto Rico, the Northern Mariana
        Islands, the Virgin Islands, Guam, American Samoa, and any other
        territory or possession of the United States.
    SEC. 1302. ENFORCEMENT AUTHORITY.
        (a) In General.--Section 114 of title 49, United States Code, as
    amended by section 1203 of this Act, is further amended by adding at
    the end the following:
        ``(v) Enforcement of Regulations and Orders of the Secretary of
    Homeland Security.--
            ``(1) Application of subsection.--
                ``(A) In general.--This subsection applies to the
            enforcement of regulations prescribed, and orders issued, by
            the Secretary of Homeland Security under a provision of chapter
            701 of title 46 and under a provision of this title other than
            a provision of chapter 449 (in this subsection referred to as
            an `applicable provision of this title').
                ``(B) Violations of chapter 449.--The penalties for
            violations of regulations prescribed and orders issued by the
            Secretary of Homeland Security under chapter 449 of this title
            are provided under chapter 463 of this title.
                ``(C) Nonapplication to certain violations.--
                    ``(i) Paragraphs (2) through (5) do not apply to
                violations of regulations prescribed, and orders issued, by
                the Secretary of Homeland Security under a provision of
                this title--

                        ``(I) involving the transportation of personnel or
                    shipments of materials by contractors where the
                    Department of Defense has assumed control and
                    responsibility;
                        ``(II) by a member of the armed forces of the
                    United States when performing official duties; or
                        ``(III) by a civilian employee of the Department of
                    Defense when performing official duties.

                    ``(ii) Violations described in subclause (I), (II), or
                (III) of clause (i) shall be subject to penalties as
                determined by the Secretary of Defense or the Secretary's
                designee.
            ``(2) Civil penalty.--
                ``(A) In general.--A person is liable to the United States
            Government for a civil penalty of not more than $10,000 for a
            violation of a regulation prescribed, or order issued, by the
            Secretary of Homeland Security under an applicable provision of
            this title.
                ``(B) Repeat violations.--A separate violation occurs under
            this paragraph for each day the violation continues.
            ``(3) Administrative imposition of civil penalties.--
                ``(A) In general.--The Secretary of Homeland Security may
            impose a civil penalty for a violation of a regulation
            prescribed, or order issued, under an applicable provision of
            this title. The Secretary shall give written notice of the
            finding of a violation and the penalty.
                ``(B) Scope of civil action.--In a civil action to collect
            a civil penalty imposed by the Secretary under this subsection,
            a court may not re-examine issues of liability or the amount of
            the penalty.
                ``(C) Jurisdiction.--The district courts of the United
            States shall have exclusive jurisdiction of civil actions to
            collect a civil penalty imposed by the Secretary under this
            subsection if--
                    ``(i) the amount in controversy is more than--

                        ``(I) $400,000, if the violation was committed by a
                    person other than an individual or small business
                    concern; or
                        ``(II) $50,000 if the violation was committed by an
                    individual or small business concern;

                    ``(ii) the action is in rem or another action in rem
                based on the same violation has been brought; or
                    ``(iii) another action has been brought for an
                injunction based on the same violation.
                ``(D) Maximum penalty.--The maximum civil penalty the
            Secretary administratively may impose under this paragraph is--
                    ``(i) $400,000, if the violation was committed by a
                person other than an individual or small business concern;
                or
                    ``(ii) $50,000, if the violation was committed by an
                individual or small business concern.
                ``(E) Notice and opportunity to request hearing.--Before
            imposing a penalty under this section the Secretary shall
            provide to the person against whom the penalty is to be
            imposed--
                    ``(i) written notice of the proposed penalty; and
                    ``(ii) the opportunity to request a hearing on the
                proposed penalty, if the Secretary receives the request not
                later than 30 days after the date on which the person
                receives notice.
            ``(4) Compromise and setoff.--
                ``(A) The Secretary may compromise the amount of a civil
            penalty imposed under this subsection.
                ``(B) The Government may deduct the amount of a civil
            penalty imposed or compromised under this subsection from
            amounts it owes the person liable for the penalty.
            ``(5) Investigations and proceedings.--Chapter 461 shall apply
        to investigations and proceedings brought under this subsection to
        the same extent that it applies to investigations and proceedings
        brought with respect to aviation security duties designated to be
        carried out by the Secretary.
            ``(6) Definitions.--In this subsection:
                ``(A) Person.--The term `person' does not include--
                    ``(i) the United States Postal Service; or
                    ``(ii) the Department of Defense.
                ``(B) Small business concern.--The term `small business
            concern' has the meaning given that term in section 3 of the
            Small Business Act (15 U.S.C. 632).
            ``(7) Enforcement transparency.--
                ``(A) In general.--Not later than December 31, 2008, and
            annually thereafter, the Secretary shall--
                    ``(i) provide an annual summary to the public of all
                enforcement actions taken by the Secretary under this
                subsection; and
                    ``(ii) include in each such summary the docket number
                of each enforcement action, the type of alleged violation,
                the penalty or penalties proposed, and the final assessment
                amount of each penalty.
                ``(B) Electronic availability.--Each summary under this
            paragraph shall be made available to the public by electronic
            means.
                ``(C) Relationship to the freedom of information act and
            the privacy act.--Nothing in this subsection shall be construed
            to require disclosure of information or records that are exempt
            from disclosure under sections 552 or 552a of title 5.
                ``(D) Enforcement guidance.--Not later than 180 days after
            the enactment of the Implementing Recommendations of the 9/11
            Commission Act of 2007, the Secretary shall provide a report to
            the public describing the enforcement process established under
            this subsection.''.
        (b) Conforming Amendment.--Section 46301(a)(4) of title 49, United
    States Code, is amended by striking ``or another requirement under this
    title administered by the Under Secretary of Transportation for
    Security''.
    SEC. 1303. AUTHORIZATION OF VISIBLE INTERMODAL PREVENTION AND RESPONSE
    TEAMS.
        (a) In General.--The Secretary, acting through the Administrator of
    the Transportation Security Administration, may develop Visible
    Intermodal Prevention and Response (referred to in this section as
    ``VIPR'') teams to augment the security of any mode of transportation
    at any location within the United States. In forming a VIPR team, the
    Secretary--
            (1) may use any asset of the Department, including Federal air
        marshals, surface transportation security inspectors, canine
        detection teams, and advanced screening technology;
            (2) may determine when a VIPR team shall be deployed, as well
        as the duration of the deployment;
            (3) shall, prior to and during the deployment, consult with
        local security and law enforcement officials in the jurisdiction
        where the VIPR team is or will be deployed, to develop and agree
        upon the appropriate operational protocols and provide relevant
        information about the mission of the VIPR team, as appropriate; and
            (4) shall, prior to and during the deployment, consult with all
        transportation entities directly affected by the deployment of a
        VIPR team, as appropriate, including railroad carriers, air
        carriers, airport owners, over-the-road bus operators and terminal
        owners and operators, motor carriers, public transportation
        agencies, owners or operators of highways, port operators and
        facility owners, vessel owners and operators and pipeline
        operators.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section such sums as
    necessary for fiscal years 2007 through 2011.
    SEC. 1304. SURFACE TRANSPORTATION SECURITY INSPECTORS.
        (a) In General.--The Secretary, acting through the Administrator of
    the Transportation Security Administration, is authorized to train,
    employ, and utilize surface transportation security inspectors.
        (b) Mission.--The Secretary shall use surface transportation
    security inspectors to assist surface transportation carriers,
    operators, owners, entities, and facilities to enhance their security
    against terrorist attack and other security threats and to assist the
    Secretary in enforcing applicable surface transportation security
    regulations and directives.
        (c) Authorities.--Surface transportation security inspectors
    employed pursuant to this section shall be authorized such powers and
    delegated such responsibilities as the Secretary determines
    appropriate, subject to subsection (e).
        (d) Requirements.--The Secretary shall require that surface
    transportation security inspectors have relevant transportation
    experience and other security and inspection qualifications, as
    determined appropriate.
        (e) Limitations.--
            (1) Inspectors.--Surface transportation inspectors shall be
        prohibited from issuing fines to public transportation agencies, as
        defined in title XIV, for violations of the Department's
        regulations or orders except through the process described in
        paragraph (2).
            (2) Civil penalties.--The Secretary shall be prohibited from
        assessing civil penalties against public transportation agencies,
        as defined in title XIV, for violations of the Department's
        regulations or orders, except in accordance with the following:
                (A) In the case of a public transportation agency that is
            found to be in violation of a regulation or order issued by the
            Secretary, the Secretary shall seek correction of the violation
            through a written notice to the public transportation agency
            and shall give the public transportation agency reasonable
            opportunity to correct the violation or propose an alternative
            means of compliance acceptable to the Secretary.
                (B) If the public transportation agency does not correct
            the violation or propose an alternative means of compliance
            acceptable to the Secretary within a reasonable time period
            that is specified in the written notice, the Secretary may take
            any action authorized in section 114 of title 49, United States
            Code, as amended by this Act.
            (3) Limitation on secretary.--The Secretary shall not initiate
        civil enforcement actions for violations of administrative and
        procedural requirements pertaining to the application for, and
        expenditure of, funds awarded under transportation security grant
        programs under this Act.
        (f) Number of Inspectors.--The Secretary shall employ up to a total
    of--
            (1) 100 surface transportation security inspectors in fiscal
        year 2007;
            (2) 150 surface transportation security inspectors in fiscal
        year 2008;
            (3) 175 surface transportation security inspectors in fiscal
        year 2009; and
            (4) 200 surface transportation security inspectors in fiscal
        years 2010 and 2011.
        (g) Coordination.--The Secretary shall ensure that the mission of
    the surface transportation security inspectors is consistent with any
    relevant risk assessments required by this Act or completed by the
    Department, the modal plans required under section 114(t) of title 49,
    United States Code, the Memorandum of Understanding between the
    Department and the Department of Transportation on Roles and
    Responsibilities, dated September 28, 2004, and any and all subsequent
    annexes to this Memorandum of Understanding, and other relevant
    documents setting forth the Department's transportation security
    strategy, as appropriate.
        (h) Consultation.--The Secretary shall periodically consult with
    the surface transportation entities which are or may be inspected by
    the surface transportation security inspectors, including, as
    appropriate, railroad carriers, over-the-road bus operators and
    terminal owners and operators, motor carriers, public transportation
    agencies, owners or operators of highways, and pipeline operators on--
            (1) the inspectors' duties, responsibilities, authorities, and
        mission; and
            (2) strategies to improve transportation security and to ensure
        compliance with transportation security requirements.
        (i) Report.--Not later than September 30, 2008, the Department of
    Homeland Security Inspector General shall transmit a report to the
    appropriate congressional committees on the performance and
    effectiveness of surface transportation security inspectors, whether
    there is a need for additional inspectors, and other recommendations.
        (j) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
            (1) $11,400,000 for fiscal year 2007;
            (2) $17,100,000 for fiscal year 2008;
            (3) $19,950,000 for fiscal year 2009;
            (4) $22,800,000 for fiscal year 2010; and
            (5) $22,800,000 for fiscal year 2011.
    SEC. 1305. SURFACE TRANSPORTATION SECURITY TECHNOLOGY INFORMATION
    SHARING.
        (a) In General.--
            (1) Information sharing.--The Secretary, in consultation with
        the Secretary of Transportation, shall establish a program to
        provide appropriate information that the Department has gathered or
        developed on the performance, use, and testing of technologies that
        may be used to enhance railroad, public transportation, and surface
        transportation security to surface transportation entities,
        including railroad carriers, over-the-road bus operators and
        terminal owners and operators, motor carriers, public
        transportation agencies, owners or operators of highways, pipeline
        operators, and State, local, and tribal governments that provide
        security assistance to such entities.
            (2) Designation of qualified antiterrorism technologies.--The
        Secretary shall include in such information provided in paragraph
        (1) whether the technology is designated as a qualified
        antiterrorism technology under the Support Anti-terrorism by
        Fostering Effective Technologies Act of 2002 (Public Law 107-296),
        as appropriate.
        (b) Purpose.--The purpose of the program is to assist eligible
    grant recipients under this Act and others, as appropriate, to purchase
    and use the best technology and equipment available to meet the
    security needs of the Nation's surface transportation system.
        (c) Coordination.--The Secretary shall ensure that the program
    established under this section makes use of and is consistent with
    other Department technology testing, information sharing, evaluation,
    and standards-setting programs, as appropriate.
    SEC. 1306. TSA PERSONNEL LIMITATIONS.
        Any statutory limitation on the number of employees in the
    Transportation Security Administration does not apply to employees
    carrying out this title and titles XII, XIV, and XV.
    SEC. 1307. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING PROGRAM.
        (a) Definitions.--For purposes of this section, the term
    ``explosives detection canine team'' means a canine and a canine
    handler that are trained to detect explosives, radiological materials,
    chemical, nuclear or biological weapons, or other threats as defined by
    the Secretary.
        (b) In General.--
            (1) Increased capacity.--Not later than 180 days after the date
        of enactment of this Act, the Secretary of Homeland Security
        shall--
                (A) begin to increase the number of explosives detection
            canine teams certified by the Transportation Security
            Administration for the purposes of transportation-related
            security by up to 200 canine teams annually by the end of 2010;
            and
                (B) encourage State, local, and tribal governments and
            private owners of high-risk transportation facilities to
            strengthen security through the use of highly trained
            explosives detection canine teams.
            (2) Explosives detection canine teams.--The Secretary of
        Homeland Security shall increase the number of explosives detection
        canine teams by--
                (A) using the Transportation Security Administration's
            National Explosives Detection Canine Team Training Center,
            including expanding and upgrading existing facilities,
            procuring and breeding additional canines, and increasing
            staffing and oversight commensurate with the increased training
            and deployment capabilities;
                (B) partnering with other Federal, State, or local
            agencies, nonprofit organizations, universities, or the private
            sector to increase the training capacity for canine detection
            teams;
                (C) procuring explosives detection canines trained by
            nonprofit organizations, universities, or the private sector
            provided they are trained in a manner consistent with the
            standards and requirements developed pursuant to subsection (c)
            or other criteria developed by the Secretary; or
                (D) a combination of subparagraphs (A), (B), and (C), as
            appropriate.
        (c) Standards for Explosives Detection Canine Teams.--
            (1) In general.--Based on the feasibility in meeting the
        ongoing demand for quality explosives detection canine teams, the
        Secretary shall establish criteria, including canine training
        curricula, performance standards, and other requirements approved
        by the Transportation Security Administration necessary to ensure
        that explosives detection canine teams trained by nonprofit
        organizations, universities, and private sector entities are
        adequately trained and maintained.
            (2) Expansion.--In developing and implementing such curriculum,
        performance standards, and other requirements, the Secretary
        shall--
                (A) coordinate with key stakeholders, including
            international, Federal, State, and local officials, and private
            sector and academic entities to develop best practice
            guidelines for such a standardized program, as appropriate;
                (B) require that explosives detection canine teams trained
            by nonprofit organizations, universities, or private sector
            entities that are used or made available by the Secretary be
            trained consistent with specific training criteria developed by
            the Secretary; and
                (C) review the status of the private sector programs on at
            least an annual basis to ensure compliance with training
            curricula, performance standards, and other requirements.
        (d) Deployment.--The Secretary shall--
            (1) use the additional explosives detection canine teams as
        part of the Department's efforts to strengthen security across the
        Nation's transportation network, and may use the canine teams on a
        more limited basis to support other homeland security missions, as
        determined appropriate by the Secretary;
            (2) make available explosives detection canine teams to all
        modes of transportation, for high-risk areas or to address specific
        threats, on an as-needed basis and as otherwise determined
        appropriate by the Secretary;
            (3) encourage, but not require, any transportation facility or
        system to deploy TSA-certified explosives detection canine teams
        developed under this section; and
            (4) consider specific needs and training requirements for
        explosives detection canine teams to be deployed across the
        Nation's transportation network, including in venues of multiple
        modes of transportation, as appropriate.
        (e) Canine Procurement.--The Secretary, acting through the
    Administrator of the Transportation Security Administration, shall work
    to ensure that explosives detection canine teams are procured as
    efficiently as possible and at the best price, while maintaining the
    needed level of quality, including, if appropriate, through increased
    domestic breeding.
        (f) Study.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General shall report to the appropriate
    congressional committees on the utilization of explosives detection
    canine teams to strengthen security and the capacity of the national
    explosive detection canine team program.
        (g) Authorization.--There are authorized to be appropriated to the
    Secretary such sums as may be necessary to carry out this section for
    fiscal years 2007 through 2011.
    SEC. 1308. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.
        (a) In General.--The Secretary of Homeland Security shall conduct a
    study of the need for, and feasibility of, establishing a system of
    maritime and surface transportation-related user fees that may be
    imposed and collected as a dedicated revenue source, on a temporary or
    continuing basis, to provide necessary funding for legitimate
    improvements to, and maintenance of, maritime and surface
    transportation security, including vessel and facility plans required
    under section 70103(c) of title 46, United States Code. In developing
    the study, the Secretary shall consult with maritime and surface
    transportation carriers, shippers, passengers, facility owners and
    operators, and other persons as determined by the Secretary. Not later
    than 1 year after the date of the enactment of this Act, the Secretary
    shall submit a report to the appropriate congressional committees that
    contains--
            (1) the results of the study;
            (2) an assessment of the annual sources of funding collected
        through maritime and surface transportation at ports of entry and a
        detailed description of the distribution and use of such funds,
        including the amount and percentage of such sources that are
        dedicated to improve and maintain security;
            (3) an assessment of--
                (A) the fees, charges, and standards imposed on United
            States ports, port terminal operators, shippers, carriers, and
            other persons who use United States ports of entry compared
            with the fees and charges imposed on Canadian and Mexican
            ports, Canadian and Mexican port terminal operators, shippers,
            carriers, and other persons who use Canadian or Mexican ports
            of entry; and
                (B) the impact of such fees, charges, and standards on the
            competitiveness of United States ports, port terminal
            operators, railroad carriers, motor carriers, pipelines, other
            transportation modes, and shippers;
            (4) the private efforts and investments to secure maritime and
        surface transportation modes, including those that are operational
        and those that are planned; and
            (5) the Secretary's recommendations based upon the study, and
        an assessment of the consistency of such recommendations with the
        international obligations and commitments of the United States.
        (b) Definitions.--In this section:
            (1) Port of entry.--The term ``port of entry'' means any port
        or other facility through which foreign goods are permitted to
        enter the customs territory of a country under official
        supervision.
            (2) Maritime and surface transportation.--The term ``maritime
        and surface transportation'' includes ocean borne and vehicular
        transportation.
    SEC. 1309. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO
    CONVICTED FELONS.
        (a) In General.--Section 70105 of title 46, United States Code, is
    amended--
            (1) in subsection (b)(1), by striking ``decides that the
        individual poses a security risk under subsection (c)'' and
        inserting ``determines under subsection (c) that the individual
        poses a security risk''; and
            (2) in subsection (c), by amending paragraph (1) to read as
        follows:
            ``(1) Disqualifications.--
                ``(A) Permanent disqualifying criminal offenses.--Except as
            provided under paragraph (2), an individual is permanently
            disqualified from being issued a biometric transportation
            security card under subsection (b) if the individual has been
            convicted, or found not guilty by reason of insanity, in a
            civilian or military jurisdiction of any of the following
            felonies:
                    ``(i) Espionage or conspiracy to commit espionage.
                    ``(ii) Sedition or conspiracy to commit sedition.
                    ``(iii) Treason or conspiracy to commit treason.
                    ``(iv) A Federal crime of terrorism (as defined in
                section 2332b(g) of title 18), a crime under a comparable
                State law, or conspiracy to commit such crime.
                    ``(v) A crime involving a transportation security
                incident.
                    ``(vi) Improper transportation of a hazardous material
                in violation of section 5104(b) of title 49, or a
                comparable State law.
                    ``(vii) Unlawful possession, use, sale, distribution,
                manufacture, purchase, receipt, transfer, shipment,
                transportation, delivery, import, export, or storage of, or
                dealing in, an explosive or explosive device. In this
                clause, an explosive or explosive device includes--

                        ``(I) an explosive (as defined in sections 232(5)
                    and 844(j) of title 18);
                        ``(II) explosive materials (as defined in
                    subsections (c) through (f) of section 841 of title
                    18); and
                        ``(III) a destructive device (as defined in
                    921(a)(4) of title 18 or section 5845(f) of the
                    Internal Revenue Code of 1986).

                    ``(viii) Murder.
                    ``(ix) Making any threat, or maliciously conveying
                false information knowing the same to be false, concerning
                the deliverance, placement, or detonation of an explosive
                or other lethal device in or against a place of public use,
                a State or other government facility, a public
                transportation system, or an infrastructure facility.
                    ``(x) A violation of chapter 96 of title 18, popularly
                known as the Racketeer Influenced and Corrupt Organizations
                Act, or a comparable State law, if one of the predicate
                acts found by a jury or admitted by the defendant consists
                of one of the crimes listed in this subparagraph.
                    ``(xi) Attempt to commit any of the crimes listed in
                clauses (i) through (iv).
                    ``(xii) Conspiracy or attempt to commit any of the
                crimes described in clauses (v) through (x).
                ``(B) Interim disqualifying criminal offenses.--Except as
            provided under paragraph (2), an individual is disqualified
            from being issued a biometric transportation security card
            under subsection (b) if the individual has been convicted, or
            found not guilty by reason of insanity, during the 7-year
            period ending on the date on which the individual applies for
            such card, or was released from incarceration during the 5-year
            period ending on the date on which the individual applies for
            such card, of any of the following felonies:
                    ``(i) Unlawful possession, use, sale, manufacture,
                purchase, distribution, receipt, transfer, shipment,
                transportation, delivery, import, export, or storage of, or
                dealing in, a firearm or other weapon. In this clause, a
                firearm or other weapon includes--

                        ``(I) firearms (as defined in section 921(a)(3) of
                    title 18 or section 5845(a) of the Internal Revenue
                    Code of 1986); and
                        ``(II) items contained on the U.S. Munitions Import
                    List under section 447.21 of title 27, Code of Federal
                    Regulations.

                    ``(ii) Extortion.
                    ``(iii) Dishonesty, fraud, or misrepresentation,
                including identity fraud and money laundering if the money
                laundering is related to a crime described in this
                subparagraph or subparagraph (A). In this clause, welfare
                fraud and passing bad checks do not constitute dishonesty,
                fraud, or misrepresentation.
                    ``(iv) Bribery.
                    ``(v) Smuggling.
                    ``(vi) Immigration violations.
                    ``(vii) Distribution of, possession with intent to
                distribute, or importation of a controlled substance.
                    ``(viii) Arson.
                    ``(ix) Kidnaping or hostage taking.
                    ``(x) Rape or aggravated sexual abuse.
                    ``(xi) Assault with intent to kill.
                    ``(xii) Robbery.
                    ``(xiii) Conspiracy or attempt to commit any of the
                crimes listed in this subparagraph.
                    ``(xiv) Fraudulent entry into a seaport in violation of
                section 1036 of title 18, or a comparable State law.
                    ``(xv) A violation of the chapter 96 of title 18,
                popularly known as the Racketeer Influenced and Corrupt
                Organizations Act or a comparable State law, other than any
                of the violations listed in subparagraph (A)(x).
                ``(C) Under want, warrant, or indictment.--An applicant who
            is wanted, or under indictment, in any civilian or military
            jurisdiction for a felony listed in paragraph (1)(A), is
            disqualified from being issued a biometric transportation
            security card under subsection (b) until the want or warrant is
            released or the indictment is dismissed.
                ``(D) Other potential disqualifications.--Except as
            provided under subparagraphs (A) through (C), an individual may
            not be denied a transportation security card under subsection
            (b) unless the Secretary determines that individual--
                    ``(i) has been convicted within the preceding 7-year
                period of a felony or found not guilty by reason of
                insanity of a felony--

                        ``(I) that the Secretary believes could cause the
                    individual to be a terrorism security risk to the
                    United States; or
                        ``(II) for causing a severe transportation security
                    incident;

                    ``(ii) has been released from incarceration within the
                preceding 5-year period for committing a felony described
                in clause (i);
                    ``(iii) may be denied admission to the United States or
                removed from the United States under the Immigration and
                Nationality Act (8 U.S.C. 1101 et seq.); or
                    ``(iv) otherwise poses a terrorism security risk to the
                United States.
                ``(E) Modification of listed offenses.--The Secretary may,
            by rulemaking, add to or modify the list of disqualifying
            crimes described in paragraph (1)(B).''.
    SEC. 1310. ROLES OF THE DEPARTMENT OF HOMELAND SECURITY AND THE
    DEPARTMENT OF TRANSPORTATION.
        The Secretary of Homeland Security is the principal Federal
    official responsible for transportation security. The roles and
    responsibilities of the Department of Homeland Security and the
    Department of Transportation in carrying out this title and titles XII,
    XIV, and XV are the roles and responsibilities of such Departments
    pursuant to the Aviation and Transportation Security Act (Public Law
    107-71); the Intelligence Reform and Terrorism Prevention Act of 2004
    (Public Law 108-458); the National Infrastructure Protection Plan
    required by Homeland Security Presidential Directive-7; The Homeland
    Security Act of 2002; The National Response Plan; Executive Order No.
    13416: Strengthening Surface Transportation Security, dated December 5,
    2006; the Memorandum of Understanding between the Department and the
    Department of Transportation on Roles and Responsibilities, dated
    September 28, 2004, and any and all subsequent annexes to this
    Memorandum of Understanding; and any other relevant agreements between
    the two Departments.

                   TITLE XIV--PUBLIC TRANSPORTATION SECURITY

    SEC. 1401. SHORT TITLE.
        This title may be cited as the ``National Transit Systems Security
    Act of 2007''.
    SEC. 1402. DEFINITIONS.
        For purposes of this title, the following terms apply:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Banking, Housing, and Urban Affairs, and the Committee on Homeland
        Security and Governmental Affairs of the Senate and the Committee
        on Homeland Security and the Committee on Transportation and
        Infrastructure of the House of Representatives.
            (2) Department.--The term ``Department'' means the Department
        of Homeland Security.
            (3) Disadvantaged businesses concerns.--The term
        ``disadvantaged business concerns'' means small businesses that are
        owned and controlled by socially and economically disadvantaged
        individuals as defined in section 124, title 13, Code of Federal
        Regulations.
            (4) Frontline employee.--The term ``frontline employee'' means
        an employee of a public transportation agency who is a transit
        vehicle driver or operator, dispatcher, maintenance and maintenance
        support employee, station attendant, customer service employee,
        security employee, or transit police, or any other employee who has
        direct contact with riders on a regular basis, and any other
        employee of a public transportation agency that the Secretary
        determines should receive security training under section 1408.
            (5) Public transportation agency.--The term ``public
        transportation agency'' means a publicly owned operator of public
        transportation eligible to receive Federal assistance under chapter
        53 of title 49, United States Code.
            (6) Secretary.--The term ``Secretary'' means the Secretary of
        Homeland Security.
    SEC. 1403. FINDINGS.
        Congress finds that--
            (1) 182 public transportation systems throughout the world have
        been primary targets of terrorist attacks;
            (2) more than 6,000 public transportation agencies operate in
        the United States;
            (3) people use public transportation vehicles 33,000,000 times
        each day;
            (4) the Federal Transit Administration has invested
        $93,800,000,000 since 1992 for construction and improvements;
            (5) the Federal investment in transit security has been
        insufficient; and
            (6) greater Federal investment in transit security improvements
        per passenger boarding is necessary to better protect the American
        people, given transit's vital importance in creating mobility and
        promoting our Nation's economy.
    SEC. 1404. NATIONAL STRATEGY FOR PUBLIC TRANSPORTATION SECURITY.
        (a) National Strategy.--Not later than 9 months after the date of
    enactment of this Act and based upon the previous and ongoing security
    assessments conducted by the Department and the Department of
    Transportation, the Secretary, consistent with and as required by
    section 114(t) of title 49, United States Code, shall develop and
    implement the modal plan for public transportation, entitled the
    ``National Strategy for Public Transportation Security''.
        (b) Purpose.--
            (1) Guidelines.--In developing the National Strategy for Public
        Transportation Security, the Secretary shall establish guidelines
        for public transportation security that--
                (A) minimize security threats to public transportation
            systems; and
                (B) maximize the abilities of public transportation systems
            to mitigate damage resulting from terrorist attack or other
            major incident.
            (2) Assessments and consultations.--In developing the National
        Strategy for Public Transportation Security, the Secretary shall--
                (A) use established and ongoing public transportation
            security assessments as the basis of the National Strategy for
            Public Transportation Security; and
                (B) consult with all relevant stakeholders, including
            public transportation agencies, nonprofit labor organizations
            representing public transportation employees, emergency
            responders, public safety officials, and other relevant
            parties.
        (c) Contents.--In the National Strategy for Public Transportation
    Security, the Secretary shall describe prioritized goals, objectives,
    policies, actions, and schedules to improve the security of public
    transportation.
        (d) Responsibilities.--The Secretary shall include in the National
    Strategy for Public Transportation Security a description of the roles,
    responsibilities, and authorities of Federal, State, and local
    agencies, tribal governments, and appropriate stakeholders. The plan
    shall also include--
            (1) the identification of, and a plan to address, gaps and
        unnecessary overlaps in the roles, responsibilities, and
        authorities of Federal agencies; and
            (2) a process for coordinating existing or future security
        strategies and plans for public transportation, including the
        National Infrastructure Protection Plan required by Homeland
        Security Presidential Directive-7; Executive Order No. 13416:
        Strengthening Surface Transportation Security dated December 5,
        2006; the Memorandum of Understanding between the Department and
        the Department of Transportation on Roles and Responsibilities
        dated September 28, 2004; and subsequent annexes and agreements.
        (e) Adequacy of Existing Plans and Strategies.--In developing the
    National Strategy for Public Transportation Security, the Secretary
    shall use relevant existing risk assessments and strategies developed
    by the Department or other Federal agencies, including those developed
    or implemented pursuant to section 114(t) of title 49, United States
    Code, or Homeland Security Presidential Directive-7.
        (f) Funding.--There is authorized to be appropriated to the
    Secretary to carry out this section $2,000,000 for fiscal year 2008.
    SEC. 1405. SECURITY ASSESSMENTS AND PLANS.
        (a) Public Transportation Security Assessments.--
            (1) Submission.--Not later than 30 days after the date of
        enactment of this Act, the Administrator of the Federal Transit
        Administration of the Department of Transportation shall submit all
        public transportation security assessments and all other relevant
        information to the Secretary.
            (2) Secretarial review.--Not later than 60 days after receiving
        the submission under paragraph (1), the Secretary shall review and
        augment the security assessments received, and conduct additional
        security assessments as necessary to ensure that at a minimum, all
        high risk public transportation agencies, as determined by the
        Secretary, will have a completed security assessment.
            (3) Content.--The Secretary shall ensure that each completed
        security assessment includes--
                (A) identification of critical assets, infrastructure, and
            systems and their vulnerabilities; and
                (B) identification of any other security weaknesses,
            including weaknesses in emergency response planning and
            employee training.
        (b) Bus and Rural Public Transportation Systems.--Not later than
    180 days after the date of enactment of this Act, the Secretary shall--
            (1) conduct security assessments, based on a representative
        sample, to determine the specific needs of--
                (A) local bus-only public transportation systems; and
                (B) public transportation systems that receive funds under
            section 5311 of title 49, United States Code; and
            (2) make the representative assessments available for use by
        similarly situated systems.
        (c) Security Plans.--
            (1) Requirement for plan.--
                (A) High risk agencies.--The Secretary shall require public
            transportation agencies determined by the Secretary to be at
            high risk for terrorism to develop a comprehensive security
            plan. The Secretary shall provide technical assistance and
            guidance to public transportation agencies in preparing and
            implementing security plans under this section.
                (B) Other agencies.--Provided that no public transportation
            agency that has not been designated high risk shall be required
            to develop a security plan, the Secretary may also establish a
            security program for public transportation agencies not
            designated high risk by the Secretary, to assist those public
            transportation agencies which request assistance, including--
                    (i) guidance to assist such agencies in conducting
                security assessments and preparing and implementing
                security plans; and
                    (ii) a process for the Secretary to review and approve
                such assessments and plans, as appropriate.
            (2) Contents of plan.--The Secretary shall ensure that security
        plans include, as appropriate--
                (A) a prioritized list of all items included in the public
            transportation agency's security assessment that have not yet
            been addressed;
                (B) a detailed list of any additional capital and
            operational improvements identified by the Department or the
            public transportation agency and a certification of the public
            transportation agency's technical capacity for operating and
            maintaining any security equipment that may be identified in
            such list;
                (C) specific procedures to be implemented or used by the
            public transportation agency in response to a terrorist attack,
            including evacuation and passenger communication plans and
            appropriate evacuation and communication measures for the
            elderly and individuals with disabilities;
                (D) a coordinated response plan that establishes procedures
            for appropriate interaction with State and local law
            enforcement agencies, emergency responders, and Federal
            officials in order to coordinate security measures and plans
            for response in the event of a terrorist attack or other major
            incident;
                (E) a strategy and timeline for conducting training under
            section 1408;
                (F) plans for providing redundant and other appropriate
            backup systems necessary to ensure the continued operation of
            critical elements of the public transportation system in the
            event of a terrorist attack or other major incident;
                (G) plans for providing service capabilities throughout the
            system in the event of a terrorist attack or other major
            incident in the city or region which the public transportation
            system serves;
                (H) methods to mitigate damage within a public
            transportation system in case of an attack on the system,
            including a plan for communication and coordination with
            emergency responders; and
                (I) other actions or procedures as the Secretary determines
            are appropriate to address the security of the public
            transportation system.
            (3) Review.--Not later than 6 months after receiving the plans
        required under this section, the Secretary shall--
                (A) review each security plan submitted;
                (B) require the public transportation agency to make any
            amendments needed to ensure that the plan meets the
            requirements of this section; and
                (C) approve any security plan that meets the requirements
            of this section.
            (4) Exemption.--The Secretary shall not require a public
        transportation agency to develop a security plan under paragraph
        (1) if the agency does not receive a grant under section 1406.
            (5) Waiver.--The Secretary may waive the exemption provided in
        paragraph (4) to require a public transportation agency to develop
        a security plan under paragraph (1) in the absence of grant funds
        under section 1406 if not less than 3 days after making the
        determination the Secretary provides the appropriate congressional
        committees and the public transportation agency written
        notification detailing the need for the security plan, the reasons
        grant funding has not been made available, and the reason the
        agency has been designated high risk.
        (d) Consistency With Other Plans.--The Secretary shall ensure that
    the security plans developed by public transportation agencies under
    this section are consistent with the security assessments developed by
    the Department and the National Strategy for Public Transportation
    Security developed under section 1404.
        (e) Updates.--Not later than September 30, 2008, and annually
    thereafter, the Secretary shall--
            (1) update the security assessments referred to in subsection
        (a);
            (2) update the security improvement priorities required under
        subsection (f); and
            (3) require public transportation agencies to update the
        security plans required under subsection (c) as appropriate.
        (f) Security Improvement Priorities.--
            (1) In general.--Beginning in fiscal year 2008 and each fiscal
        year thereafter, the Secretary, after consultation with management
        and nonprofit employee labor organizations representing public
        transportation employees as appropriate, and with appropriate State
        and local officials, shall utilize the information developed or
        received in this section to establish security improvement
        priorities unique to each individual public transportation agency
        that has been assessed.
            (2) Allocations.--The Secretary shall use the security
        improvement priorities established in paragraph (1) as the basis
        for allocating risk-based grant funds under section 1406, unless
        the Secretary notifies the appropriate congressional committees
        that the Secretary has determined an adjustment is necessary to
        respond to an urgent threat or other significant national security
        factors.
        (g) Shared Facilities.--The Secretary shall encourage the
    development and implementation of coordinated assessments and security
    plans to the extent a public transportation agency shares facilities
    (such as tunnels, bridges, stations, or platforms) with another public
    transportation agency, a freight or passenger railroad carrier, or
    over-the-road bus operator that are geographically close or otherwise
    co-located.
        (h) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing in this
        section shall be construed as authorizing the withholding of any
        information from Congress.
            (2) Disclosure of independently furnished information.--Nothing
        in this section shall be construed as affecting any authority or
        obligation of a Federal agency to disclose any record or
        information that the Federal agency obtains from a public
        transportation agency under any other Federal law.
        (i) Determination.--In response to a petition by a public
    transportation agency or at the discretion of the Secretary, the
    Secretary may recognize existing procedures, protocols, and standards
    of a public transportation agency that the Secretary determines meet
    all or part of the requirements of this section regarding security
    assessments or security plans.
    SEC. 1406. PUBLIC TRANSPORTATION SECURITY ASSISTANCE.
        (a) Security Assistance Program.--
            (1) In general.--The Secretary shall establish a program for
        making grants to eligible public transportation agencies for
        security improvements described in subsection (b).
            (2) Eligibility.--A public transportation agency is eligible
        for a grant under this section if the Secretary has performed a
        security assessment or the agency has developed a security plan
        under section 1405. Grant funds shall only be awarded for
        permissible uses under subsection (b) to--
                (A) address items included in a security assessment; or
                (B) further a security plan.
        (b) Uses of Funds.--A recipient of a grant under subsection (a)
    shall use the grant funds for one or more of the following:
            (1) Capital uses of funds, including--
                (A) tunnel protection systems;
                (B) perimeter protection systems, including access control,
            installation of improved lighting, fencing, and barricades;
                (C) redundant critical operations control systems;
                (D) chemical, biological, radiological, or explosive
            detection systems, including the acquisition of canines used
            for such detection;
                (E) surveillance equipment;
                (F) communications equipment, including mobile service
            equipment to provide access to wireless Enhanced 911 (E911)
            emergency services in an underground fixed guideway system;
                (G) emergency response equipment, including personal
            protective equipment;
                (H) fire suppression and decontamination equipment;
                (I) global positioning or tracking and recovery equipment,
            and other automated-vehicle-locator-type system equipment;
                (J) evacuation improvements;
                (K) purchase and placement of bomb-resistant trash cans
            throughout public transportation facilities, including subway
            exits, entrances, and tunnels;
                (L) capital costs associated with security awareness,
            security preparedness, and security response training,
            including training under section 1408 and exercises under
            section 1407;
                (M) security improvements for public transportation
            systems, including extensions thereto, in final design or under
            construction;
                (N) security improvements for stations and other public
            transportation infrastructure, including stations and other
            public transportation infrastructure owned by State or local
            governments; and
                (O) other capital security improvements determined
            appropriate by the Secretary.
            (2) Operating uses of funds, including--
                (A) security training, including training under section
            1408 and training developed by institutions of higher education
            and by nonprofit employee labor organizations, for public
            transportation employees, including frontline employees;
                (B) live or simulated exercises under section 1407;
                (C) public awareness campaigns for enhanced public
            transportation security;
                (D) canine patrols for chemical, radiological, biological,
            or explosives detection;
                (E) development of security plans under section 1405;
                (F) overtime reimbursement including reimbursement of
            State, local, and tribal governments, for costs for enhanced
            security personnel during significant national and
            international public events;
                (G) operational costs, including reimbursement of State,
            local, and tribal governments for costs for personnel assigned
            to full-time or part-time security or counterterrorism duties
            related to public transportation, provided that this expense
            totals no more than 10 percent of the total grant funds
            received by a public transportation agency in any 1 year; and
                (H) other operational security costs determined appropriate
            by the Secretary, excluding routine, ongoing personnel costs,
            other than those set forth in this section.
        (c) Department of Homeland Security Responsibilities.--In carrying
    out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants under
        this section, including application requirements;
            (2) pursuant to subsection (a)(2), select the recipients of
        grants based solely on risk; and
            (3) pursuant to subsection (b), establish the priorities for
        which grant funds may be used under this section.
        (d) Distribution of Grants.--Not later than 90 days after the date
    of enactment of this Act, the Secretary and the Secretary of
    Transportation shall determine the most effective and efficient way to
    distribute grant funds to the recipients of grants determined by the
    Secretary under subsection (a). Subject to the determination made by
    the Secretaries, the Secretary may transfer funds to the Secretary of
    Transportation for the purposes of disbursing funds to the grant
    recipient.
        (e) Subject to Certain Terms and Conditions.--Except as otherwise
    specifically provided in this section, a grant provided under this
    section shall be subject to the terms and conditions applicable to a
    grant made under section 5307 of title 49, United States Code, as in
    effect on January 1, 2007, and such other terms and conditions as are
    determined necessary by the Secretary.
        (f) Limitation on Uses of Funds.--Grants made under this section
    may not be used to make any State or local government cost-sharing
    contribution under any other Federal law.
        (g) Annual Reports.--Each recipient of a grant under this section
    shall report annually to the Secretary on the use of the grant funds.
        (h) Guidelines.--Before distribution of funds to recipients of
    grants, the Secretary shall issue guidelines to ensure that, to the
    extent that recipients of grants under this section use contractors or
    subcontractors, such recipients shall use small, minority, women-owned,
    or disadvantaged business concerns as contractors or subcontractors to
    the extent practicable.
        (i) Coordination With State Homeland Security Plans.--In
    establishing security improvement priorities under section 1405 and in
    awarding grants for capital security improvements and operational
    security improvements under subsection (b), the Secretary shall act
    consistently with relevant State homeland security plans.
        (j) Multistate Transportation Systems.--In cases in which a public
    transportation system operates in more than one State, the Secretary
    shall give appropriate consideration to the risks of the entire system,
    including those portions of the States into which the system crosses,
    in establishing security improvement priorities under section 1405 and
    in awarding grants for capital security improvements and operational
    security improvements under subsection (b).
        (k) Congressional Notification.--Not later than 3 days before the
    award of any grant under this section, the Secretary shall notify
    simultaneously, the appropriate congressional committees of the intent
    to award such grant.
        (l) Return of Misspent Grant Funds.--The Secretary shall establish
    a process to require the return of any misspent grant funds received
    under this section determined to have been spent for a purpose other
    than those specified in the grant award.
        (m) Authorization of Appropriations.--
            (1) There are authorized to be appropriated to the Secretary to
        make grants under this section--
                (A) such sums as are necessary for fiscal year 2007;
                (B) $650,000,000 for fiscal year 2008, except that not more
            than 50 percent of such funds may be used for operational costs
            under subsection (b)(2);
                (C) $750,000,000 for fiscal year 2009, except that not more
            than 30 percent of such funds may be used for operational costs
            under subsection (b)(2);
                (D) $900,000,000 for fiscal year 2010, except that not more
            than 20 percent of such funds may be used for operational costs
            under subsection (b)(2); and
                (E) $1,100,000,000 for fiscal year 2011, except that not
            more than 10 percent of such funds may be used for operational
            costs under subsection (b)(2).
            (2) Period of availability.--Sums appropriated to carry out
        this section shall remain available until expended.
            (3) Waiver.--The Secretary may waive the limitation on
        operational costs specified in subparagraphs (B) through (E) of
        paragraph (1) if the Secretary determines that such a waiver is
        required in the interest of national security, and if the Secretary
        provides a written justification to the appropriate congressional
        committees prior to any such action.
            (4) Effective date.--Funds provided for fiscal year 2007
        transit security grants under Public Law 110-28 shall be allocated
        based on security assessments that are in existence as of the date
        of enactment of this Act.
    SEC. 1407. SECURITY EXERCISES.
        (a) In General.--The Secretary shall establish a program for
    conducting security exercises for public transportation agencies for
    the purpose of assessing and improving the capabilities of entities
    described in subsection (b) to prevent, prepare for, mitigate against,
    respond to, and recover from acts of terrorism.
        (b) Covered Entities.--Entities to be assessed under the program
    shall include--
            (1) Federal, State, and local agencies and tribal governments;
            (2) public transportation agencies;
            (3) governmental and nongovernmental emergency response
        providers and law enforcement personnel, including transit police;
        and
            (4) any other organization or entity that the Secretary
        determines appropriate.
        (c) Requirements.--The Secretary shall ensure that the program--
            (1) requires, for public transportation agencies which the
        Secretary deems appropriate, exercises to be conducted that are--
                (A) scaled and tailored to the needs of specific public
            transportation systems, and include taking into account the
            needs of the elderly and individuals with disabilities;
                (B) live;
                (C) coordinated with appropriate officials;
                (D) as realistic as practicable and based on current risk
            assessments, including credible threats, vulnerabilities, and
            consequences;
                (E) inclusive, as appropriate, of frontline employees and
            managers; and
                (F) consistent with the National Incident Management
            System, the National Response Plan, the National Infrastructure
            Protection Plan, the National Preparedness Guidance, the
            National Preparedness Goal, and other such national
            initiatives;
            (2) provides that exercises described in paragraph (1) will
        be--
                (A) evaluated by the Secretary against clear and consistent
            performance measures;
                (B) assessed by the Secretary to learn best practices,
            which shall be shared with appropriate Federal, State, local,
            and tribal officials, governmental and nongovernmental
            emergency response providers, law enforcement personnel,
            including railroad and transit police, and appropriate
            stakeholders; and
                (C) followed by remedial action by covered entities in
            response to lessons learned;
            (3) involves individuals in neighborhoods around the
        infrastructure of a public transportation system; and
            (4) assists State, local, and tribal governments and public
        transportation agencies in designing, implementing, and evaluating
        exercises that conform to the requirements of paragraph (2).
        (d) National Exercise Program.--The Secretary shall ensure that the
    exercise program developed under subsection (a) is a component of the
    National Exercise Program established under section 648 of the Post
    Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
    748).
        (e) Ferry System Exemption.--This section does not apply to any
    ferry system for which drills are required to be conducted pursuant to
    section 70103 of title 46, United States Code.
    SEC. 1408. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.
        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Secretary shall develop and issue detailed interim
    final regulations, and not later than 1 year after the date of
    enactment of this Act, the Secretary shall develop and issue detailed
    final regulations, for a public transportation security training
    program to prepare public transportation employees, including frontline
    employees, for potential security threats and conditions.
        (b) Consultation.--The Secretary shall develop the interim final
    and final regulations under subsection (a) in consultation with--
            (1) appropriate law enforcement, fire service, security, and
        terrorism experts;
            (2) representatives of public transportation agencies; and
            (3) nonprofit employee labor organizations representing public
        transportation employees or emergency response personnel.
        (c) Program Elements.--The interim final and final regulations
    developed under subsection (a) shall require security training programs
    to include, at a minimum, elements to address the following:
            (1) Determination of the seriousness of any occurrence or
        threat.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend oneself, including using
        nonlethal defense devices.
            (4) Use of personal protective devices and other protective
        equipment.
            (5) Evacuation procedures for passengers and employees,
        including individuals with disabilities and the elderly.
            (6) Training related to behavioral and psychological
        understanding of, and responses to, terrorist incidents, including
        the ability to cope with hijacker behavior, and passenger
        responses.
            (7) Live situational training exercises regarding various
        threat conditions, including tunnel evacuation procedures.
            (8) Recognition and reporting of dangerous substances and
        suspicious packages, persons, and situations.
            (9) Understanding security incident procedures, including
        procedures for communicating with governmental and nongovernmental
        emergency response providers and for on scene interaction with such
        emergency response providers.
            (10) Operation and maintenance of security equipment and
        systems.
            (11) Other security training activities that the Secretary
        deems appropriate.
        (d) Required Programs.--
            (1) Development and submission to secretary.--Not later than 90
        days after a public transportation agency meets the requirements
        under subsection (e), each such public transportation agency shall
        develop a security training program in accordance with the
        regulations developed under subsection (a) and submit the program
        to the Secretary for approval.
            (2) Approval.--Not later than 60 days after receiving a
        security training program proposal under this subsection, the
        Secretary shall approve the program or require the public
        transportation agency that developed the program to make any
        revisions to the program that the Secretary determines necessary
        for the program to meet the requirements of the regulations. A
        public transportation agency shall respond to the Secretary's
        comments within 30 days after receiving them.
            (3) Training.--Not later than 1 year after the Secretary
        approves a security training program proposal in accordance with
        this subsection, the public transportation agency that developed
        the program shall complete the training of all employees covered
        under the program.
            (4) Updates of regulations and program revisions.--The
        Secretary shall periodically review and update, as appropriate, the
        training regulations issued under subsection (a) to reflect new or
        changing security threats. Each public transportation agency shall
        revise its training program accordingly and provide additional
        training as necessary to its workers within a reasonable time after
        the regulations are updated.
        (e) Applicability.--A public transportation agency that receives a
    grant award under this title shall be required to develop and implement
    a security training program pursuant to this section.
        (f) Long-Term Training Requirement.--Any public transportation
    agency required to develop a security training program pursuant to this
    section shall provide routine and ongoing training for employees
    covered under the program, regardless of whether the public
    transportation agency receives subsequent grant awards.
        (g) National Training Program.--The Secretary shall ensure that the
    training program developed under subsection (a) is a component of the
    National Training Program established under section 648 of the Post
    Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
    748).
        (h) Ferry Exemption.--This section shall not apply to any ferry
    system for which training is required to be conducted pursuant to
    section 70103 of title 46, United States Code.
        (i) Report.--Not later than 2 years after the date of issuance of
    the final regulation, the Comptroller General shall review
    implementation of the training program, including interviewing a
    representative sample of public transportation agencies and employees,
    and report to the appropriate congressional committees, on the number
    of reviews conducted and the results. The Comptroller General may
    submit the report in both classified and redacted formats as necessary.
    SEC. 1409. PUBLIC TRANSPORTATION RESEARCH AND DEVELOPMENT.
        (a) Establishment of Research and Development Program.--The
    Secretary shall carry out a research and development program through
    the Homeland Security Advanced Research Projects Agency in the Science
    and Technology Directorate and in consultation with the Transportation
    Security Administration and with the Federal Transit Administration,
    for the purpose of improving the security of public transportation
    systems.
        (b) Grants and Contracts Authorized.--The Secretary shall award
    grants or contracts to public or private entities to conduct research
    and demonstrate technologies and methods to reduce and deter terrorist
    threats or mitigate damages resulting from terrorist attacks against
    public transportation systems.
        (c) Use of Funds.--Grants or contracts awarded under subsection
    (a)--
            (1) shall be coordinated with activities of the Homeland
        Security Advanced Research Projects Agency; and
            (2) may be used to--
                (A) research chemical, biological, radiological, or
            explosive detection systems that do not significantly impede
            passenger access;
                (B) research imaging technologies;
                (C) conduct product evaluations and testing;
                (D) improve security and redundancy for critical
            communications, electrical power, and computer and train
            control systems;
                (E) develop technologies for securing tunnels, transit
            bridges and aerial structures;
                (F) research technologies that mitigate damages in the
            event of a cyber attack; and
                (G) research other technologies or methods for reducing or
            deterring terrorist attacks against public transportation
            systems, or mitigating damage from such attacks.
        (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and development
        projects under this section, the Secretary shall consult with the
        Chief Privacy Officer of the Department and the Officer for Civil
        Rights and Civil Liberties of the Department, as appropriate, and
        in accordance with section 222 of the Homeland Security Act of 2002
        (6 U.S.C. 142).
            (2) Privacy impact assessments.--In accordance with sections
        222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142;
        345), the Chief Privacy Officer shall conduct privacy impact
        assessments and the Officer for Civil Rights and Civil Liberties
        shall conduct reviews, as appropriate, for research and development
        initiatives developed under this section.
        (e) Reporting Requirement.--Each entity that is awarded a grant or
    contract under this section shall report annually to the Department on
    the use of grant or contract funds received under this section to
    ensure that the awards made are expended in accordance with the
    purposes of this title and the priorities developed by the Secretary.
        (f) Coordination.--The Secretary shall ensure that the research is
    consistent with the priorities established in the National Strategy for
    Public Transportation Security and is coordinated, to the extent
    practicable, with other Federal, State, local, tribal, and private
    sector public transportation, railroad, commuter railroad, and over-
    the-road bus research initiatives to leverage resources and avoid
    unnecessary duplicative efforts.
        (g) Return of Misspent Grant or Contract Funds.--If the Secretary
    determines that a grantee or contractor used any portion of the grant
    or contract funds received under this section for a purpose other than
    the allowable uses specified under subsection (c), the grantee or
    contractor shall return any amount so used to the Treasury of the
    United States.
        (h) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to make grants under this section--
            (1) such sums as necessary for fiscal year 2007;
            (2) $25,000,000 for fiscal year 2008;
            (3) $25,000,000 for fiscal year 2009;
            (4) $25,000,000 for fiscal year 2010; and
            (5) $25,000,000 for fiscal year 2011.
    SEC. 1410. INFORMATION SHARING.
        (a) Intelligence Sharing.--The Secretary shall ensure that the
    Department of Transportation receives appropriate and timely
    notification of all credible terrorist threats against public
    transportation assets in the United States.
        (b) Information Sharing Analysis Center.--
            (1) Authorization.--The Secretary shall provide for the
        reasonable costs of the Information Sharing and Analysis Center for
        Public Transportation (referred to in this subsection as the
        ``ISAC'').
            (2) Participation.--The Secretary--
                (A) shall require public transportation agencies that the
            Secretary determines to be at high risk of terrorist attack to
            participate in the ISAC;
                (B) shall encourage all other public transportation
            agencies to participate in the ISAC;
                (C) shall encourage the participation of nonprofit employee
            labor organizations representing public transportation
            employees, as appropriate; and
                (D) shall not charge a fee for participating in the ISAC.
        (c) Report.--The Comptroller General shall report, not less than 3
    years after the date of enactment of this Act, to the appropriate
    congressional committees, as to the value and efficacy of the ISAC
    along with any other public transportation information-sharing programs
    ongoing at the Department. The report shall include an analysis of the
    user satisfaction of public transportation agencies on the state of
    information-sharing and the value that each system provides the user,
    the costs and benefits of all centers and programs, the coordination
    among centers and programs, how each center or program contributes to
    implementing the information sharing plan under section 1203, and
    analysis of the extent to which the ISAC is duplicative with the
    Department's information-sharing program.
        (d) Authorization.--
            (1) In general.--There are authorized to be appropriated to the
        Secretary to carry out this section--
                (A) $600,000 for fiscal year 2008;
                (B) $600,000 for fiscal year 2009;
                (C) $600,000 for fiscal year 2010; and
                (D) such sums as may be necessary for 2011, provided the
            report required in subsection (c) of this section has been
            submitted to Congress.
            (2) Availability of funds.--Such sums shall remain available
        until expended.
    SEC. 1411. THREAT ASSESSMENTS.
        Not later than 1 year after the date of enactment of this Act, the
    Secretary shall complete a name-based security background check against
    the consolidated terrorist watchlist and an immigration status check
    for all public transportation frontline employees, similar to the
    threat assessment screening program required for facility employees and
    longshoremen by the Commandant of the Coast Guard under Coast Guard
    Notice USCG-2006-24189 (71 Fed. Reg. 25066 (April 8, 2006)).
    SEC. 1412. REPORTING REQUIREMENTS.
        (a) Annual Report to Congress.--
            (1) In general.--Not later than March 31 of each year, the
        Secretary shall submit a report, containing the information
        described in paragraph (2), to the appropriate congressional
        committees.
            (2) Contents.--The report submitted under paragraph (1) shall
        include--
                (A) a description of the implementation of the provisions
            of this title;
                (B) the amount of funds appropriated to carry out the
            provisions of this title that have not been expended or
            obligated;
                (C) the National Strategy for Public Transportation
            Security required under section 1404;
                (D) an estimate of the cost to implement the National
            Strategy for Public Transportation Security which shall break
            out the aggregated total cost of needed capital and operational
            security improvements for fiscal years 2008-2018; and
                (E) the state of public transportation security in the
            United States, which shall include detailing the status of
            security assessments, the progress being made around the
            country in developing prioritized lists of security
            improvements necessary to make public transportation facilities
            and passengers more secure, the progress being made by agencies
            in developing security plans and how those plans differ from
            the security assessments and a prioritized list of security
            improvements being compiled by other agencies, as well as a
            random sample of an equal number of large- and small-scale
            projects currently underway.
            (3) Format.--The Secretary may submit the report in both
        classified and redacted formats if the Secretary determines that
        such action is appropriate or necessary.
        (b) Annual Report to Governors.--
            (1) In general.--Not later than March 31 of each year, the
        Secretary shall submit a report to the Governor of each State with
        a public transportation agency that has received a grant under this
        Act.
            (2) Contents.--The report submitted under paragraph (1) shall
        specify--
                (A) the amount of grant funds distributed to each such
            public transportation agency; and
                (B) the use of such grant funds.
    SEC. 1413. PUBLIC TRANSPORTATION EMPLOYEE PROTECTIONS.
        (a) In General.--A public transportation agency, a contractor or a
    subcontractor of such agency, or an officer or employee of such agency,
    shall not discharge, demote, suspend, reprimand, or in any other way
    discriminate against an employee if such discrimination is due, in
    whole or in part, to the employee's lawful, good faith act done, or
    perceived by the employer to have been done or about to be done--
            (1) to provide information, directly cause information to be
        provided, or otherwise directly assist in any investigation
        regarding any conduct which the employee reasonably believes
        constitutes a violation of any Federal law, rule, or regulation
        relating to public transportation safety or security, or fraud,
        waste, or abuse of Federal grants or other public funds intended to
        be used for public transportation safety or security, if the
        information or assistance is provided to or an investigation
        stemming from the provided information is conducted by--
                (A) a Federal, State, or local regulatory or law
            enforcement agency (including an office of the Inspector
            General under the Inspector General Act of 1978 (5 U.S.C. App.;
            Public Law 95-452);
                (B) any Member of Congress, any Committee of Congress, or
            the Government Accountability Office; or
                (C) a person with supervisory authority over the employee
            or such other person who has the authority to investigate,
            discover, or terminate the misconduct;
            (2) to refuse to violate or assist in the violation of any
        Federal law, rule, or regulation relating to public transportation
        safety or security;
            (3) to file a complaint or directly cause to be brought a
        proceeding related to the enforcement of this section or to testify
        in that proceeding;
            (4) to cooperate with a safety or security investigation by the
        Secretary of Transportation, the Secretary of Homeland Security, or
        the National Transportation Safety Board; or
            (5) to furnish information to the Secretary of Transportation,
        the Secretary of Homeland Security, the National Transportation
        Safety Board, or any Federal, State, or local regulatory or law
        enforcement agency as to the facts relating to any accident or
        incident resulting in injury or death to an individual or damage to
        property occurring in connection with public transportation.
        (b) Hazardous Safety or Security Conditions.--(1) A public
    transportation agency, or a contractor or a subcontractor of such
    agency, or an officer or employee of such agency, shall not discharge,
    demote, suspend, reprimand, or in any other way discriminate against an
    employee for--
            (A) reporting a hazardous safety or security condition;
            (B) refusing to work when confronted by a hazardous safety or
        security condition related to the performance of the employee's
        duties, if the conditions described in paragraph (2) exist; or
            (C) refusing to authorize the use of any safety- or security-
        related equipment, track, or structures, if the employee is
        responsible for the inspection or repair of the equipment, track,
        or structures, when the employee believes that the equipment,
        track, or structures are in a hazardous safety or security
        condition, if the conditions described in paragraph (2) of this
        subsection exist.
        (2) A refusal is protected under paragraph (1)(B) and (C) if--
            (A) the refusal is made in good faith and no reasonable
        alternative to the refusal is available to the employee;
            (B) a reasonable individual in the circumstances then
        confronting the employee would conclude that--
                (i) the hazardous condition presents an imminent danger of
            death or serious injury; and
                (ii) the urgency of the situation does not allow sufficient
            time to eliminate the danger without such refusal; and
            (C) the employee, where possible, has notified the public
        transportation agency of the existence of the hazardous condition
        and the intention not to perform further work, or not to authorize
        the use of the hazardous equipment, track, or structures, unless
        the condition is corrected immediately or the equipment, track, or
        structures are repaired properly or replaced.
        (3) In this subsection, only subsection (b)(1)(A) shall apply to
    security personnel, including transit police, employed or utilized by a
    public transportation agency to protect riders, equipment, assets, or
    facilities.
        (c) Enforcement Action.--
            (1) Filing and notification.--A person who believes that he or
        she has been discharged or otherwise discriminated against by any
        person in violation of subsection (a) or (b) may, not later than
        180 days after the date on which such violation occurs, file (or
        have any person file on his or her behalf) a complaint with the
        Secretary of Labor alleging such discharge or discrimination. Upon
        receipt of a complaint filed under this paragraph, the Secretary of
        Labor shall notify, in writing, the person named in the complaint
        and the person's employer of the filing of the complaint, of the
        allegations contained in the complaint, of the substance of
        evidence supporting the complaint, and of the opportunities that
        will be afforded to such person under paragraph (2).
            (2) Investigation; preliminary order.--
                (A) In general.--Not later than 60 days after the date of
            receipt of a complaint filed under paragraph (1) and after
            affording the person named in the complaint an opportunity to
            submit to the Secretary of Labor a written response to the
            complaint and an opportunity to meet with a representative of
            the Secretary of Labor to present statements from witnesses,
            the Secretary of Labor shall conduct an investigation and
            determine whether there is reasonable cause to believe that the
            complaint has merit and notify, in writing, the complainant and
            the person alleged to have committed a violation of subsection
            (a) or (b) of the Secretary of Labor's findings. If the
            Secretary of Labor concludes that there is a reasonable cause
            to believe that a violation of subsection (a) or (b) has
            occurred, the Secretary of Labor shall accompany the Secretary
            of Labor's findings with a preliminary order providing the
            relief prescribed by paragraph (3)(B). Not later than 30 days
            after the date of notification of findings under this
            paragraph, either the person alleged to have committed the
            violation or the complainant may file objections to the
            findings or preliminary order, or both, and request a hearing
            on the record. The filing of such objections shall not operate
            to stay any reinstatement remedy contained in the preliminary
            order. Such hearings shall be conducted expeditiously. If a
            hearing is not requested in such 30-day period, the preliminary
            order shall be deemed a final order that is not subject to
            judicial review.
                (B) Requirements.--
                    (i) Required showing by complainant.--The Secretary of
                Labor shall dismiss a complaint filed under this subsection
                and shall not conduct an investigation otherwise required
                under subparagraph (A) unless the complainant makes a prima
                facie showing that any behavior described in subsection (a)
                or (b) was a contributing factor in the unfavorable
                personnel action alleged in the complaint.
                    (ii) Showing by employer.--Notwithstanding a finding by
                the Secretary of Labor that the complainant has made the
                showing required under clause (i), no investigation
                otherwise required under paragraph (A) shall be conducted
                if the employer demonstrates, by clear and convincing
                evidence, that the employer would have taken the same
                unfavorable personnel action in the absence of that
                behavior.
                    (iii) Criteria for determination by secretary of
                labor.--The Secretary of Labor may determine that a
                violation of subsection (a) or (b) has occurred only if the
                complainant demonstrates that any behavior described in
                subsection (a) or (b) was a contributing factor in the
                unfavorable personnel action alleged in the complaint.
                    (iv) Prohibition.--Relief may not be ordered under
                paragraph (A) if the employer demonstrates by clear and
                convincing evidence that the employer would have taken the
                same unfavorable personnel action in the absence of that
                behavior.
            (3) Final order.--
                (A) Deadline for issuance; settlement agreements.--Not
            later than 120 days after the date of conclusion of a hearing
            under paragraph (2), the Secretary of Labor shall issue a final
            order providing the relief prescribed by this paragraph or
            denying the complaint. At any time before issuance of a final
            order, a proceeding under this subsection may be terminated on
            the basis of a settlement agreement entered into by the
            Secretary of Labor, the complainant, and the person alleged to
            have committed the violation.
                (B) Remedy.--If, in response to a complaint filed under
            paragraph (1), the Secretary of Labor determines that a
            violation of subsection (a) or (b) has occurred, the Secretary
            of Labor shall order the person who committed such violation
            to--
                    (i) take affirmative action to abate the violation; and
                    (ii) provide the remedies described in subsection (d).
                (C) Order.--If an order is issued under subparagraph (B),
            the Secretary of Labor, at the request of the complainant,
            shall assess against the person against whom the order is
            issued a sum equal to the aggregate amount of all costs and
            expenses (including attorney and expert witness fees)
            reasonably incurred, as determined by the Secretary of Labor,
            by the complainant for, or in connection with, bringing the
            complaint upon which the order was issued.
                (D) Frivolous complaints.--If the Secretary of Labor finds
            that a complaint under paragraph (1) is frivolous or has been
            brought in bad faith, the Secretary of Labor may award to the
            prevailing employer reasonable attorney fees not exceeding
            $1,000.
            (4) Review.--
                (A) Appeal to court of appeals.--Any person adversely
            affected or aggrieved by an order issued under paragraph (3)
            may obtain review of the order in the United States Court of
            Appeals for the circuit in which the violation, with respect to
            which the order was issued, allegedly occurred or the circuit
            in which the complainant resided on the date of such violation.
            The petition for review must be filed not later than 60 days
            after the date of the issuance of the final order of the
            Secretary of Labor. Review shall conform to chapter 7 of title
            5, United States Code. The commencement of proceedings under
            this subparagraph shall not, unless ordered by the court,
            operate as a stay of the order.
                (B) Limitation on collateral attack.--An order of the
            Secretary of Labor with respect to which review could have been
            obtained under subparagraph (A) shall not be subject to
            judicial review in any criminal or other civil proceeding.
            (5) Enforcement of order by secretary of labor.--Whenever any
        person has failed to comply with an order issued under paragraph
        (3), the Secretary of Labor may file a civil action in the United
        States district court for the district in which the violation was
        found to occur to enforce such order. In actions brought under this
        paragraph, the district courts shall have jurisdiction to grant all
        appropriate relief including, but not limited to, injunctive relief
        and compensatory damages.
            (6) Enforcement of order by parties.--
                (A) Commencement of action.--A person on whose behalf an
            order was issued under paragraph (3) may commence a civil
            action against the person to whom such order was issued to
            require compliance with such order. The appropriate United
            States district court shall have jurisdiction, without regard
            to the amount in controversy or the citizenship of the parties,
            to enforce such order.
                (B) Attorney fees.--The court, in issuing any final order
            under this paragraph, may award costs of litigation (including
            reasonable attorney and expert witness fees) to any party
            whenever the court determines such award is appropriate.
            (7) De novo review.--With respect to a complaint under
        paragraph (1), if the Secretary of Labor has not issued a final
        decision within 210 days after the filing of the complaint and if
        the delay is not due to the bad faith of the employee, the employee
        may bring an original action at law or equity for de novo review in
        the appropriate district court of the United States, which shall
        have jurisdiction over such an action without regard to the amount
        in controversy, and which action shall, at the request of either
        party to such action, be tried by the court with a jury. The action
        shall be governed by the same legal burdens of proof specified in
        paragraph (2)(B) for review by the Secretary of Labor.
        (d) Remedies.--
            (1) In general.--An employee prevailing in any action under
        subsection (c) shall be entitled to all relief necessary to make
        the employee whole.
            (2) Damages.--Relief in an action under subsection (c)
        (including an action described in (c)(7)) shall include--
                (A) reinstatement with the same seniority status that the
            employee would have had, but for the discrimination;
                (B) any backpay, with interest; and
                (C) compensatory damages, including compensation for any
            special damages sustained as a result of the discrimination,
            including litigation costs, expert witness fees, and reasonable
            attorney fees.
            (3) Possible relief.--Relief in any action under subsection (c)
        may include punitive damages in an amount not to exceed $250,000.
        (e) Election of Remedies.--An employee may not seek protection
    under both this section and another provision of law for the same
    allegedly unlawful act of the public transportation agency.
        (f) No Preemption.--Nothing in this section preempts or diminishes
    any other safeguards against discrimination, demotion, discharge,
    suspension, threats, harassment, reprimand, retaliation, or any other
    manner of discrimination provided by Federal or State law.
        (g) Rights Retained by Employee.--Nothing in this section shall be
    construed to diminish the rights, privileges, or remedies of any
    employee under any Federal or State law or under any collective
    bargaining agreement. The rights and remedies in this section may not
    be waived by any agreement, policy, form, or condition of employment.
        (h) Disclosure of Identity.--
            (1) Except as provided in paragraph (2) of this subsection, or
        with the written consent of the employee, the Secretary of
        Transportation or the Secretary of Homeland Security may not
        disclose the name of an employee who has provided information
        described in subsection (a)(1).
            (2) The Secretary of Transportation or the Secretary of
        Homeland Security shall disclose to the Attorney General the name
        of an employee described in paragraph (1) of this subsection if the
        matter is referred to the Attorney General for enforcement. The
        Secretary making such disclosure shall provide reasonable advance
        notice to the affected employee if disclosure of that person's
        identity or identifying information is to occur.
        (i) Process for Reporting Security Problems to the Department of
    Homeland Security.--
            (1) Establishment of process.--The Secretary shall establish
        through regulations after an opportunity for notice and comment,
        and provide information to the public regarding, a process by which
        any person may submit a report to the Secretary regarding public
        transportation security problems, deficiencies, or vulnerabilities.
            (2) Acknowledgment of receipt.--If a report submitted under
        paragraph (1) identifies the person making the report, the
        Secretary shall respond promptly to such person and acknowledge
        receipt of the report.
            (3) Steps to address problem.--The Secretary shall review and
        consider the information provided in any report submitted under
        paragraph (1) and shall take appropriate steps to address any
        problems or deficiencies identified.
    SEC. 1414. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS FOR PUBLIC
    TRANSPORTATION.
        (a) Definitions.--In this section, the following definitions apply:
            (1) Security background check.--The term ``security background
        check'' means reviewing the following for the purpose of
        identifying individuals who may pose a threat to transportation
        security, national security, or of terrorism:
                (A) Relevant criminal history databases.
                (B) In the case of an alien (as defined in section 101 of
            the Immigration and Nationality Act (8 U.S.C. 1101(a)(3))), the
            relevant databases to determine the status of the alien under
            the immigration laws of the United States.
                (C) Other relevant information or databases, as determined
            by the Secretary.
            (2) Covered individual.--The term ``covered individual'' means
        an employee of a public transportation agency or a contractor or
        subcontractor of a public transportation agency.
        (b) Guidance.--
            (1) Any guidance, recommendations, suggested action items, or
        any other widely disseminated voluntary action item issued by the
        Secretary to a public transportation agency or a contractor or
        subcontractor of a public transportation agency relating to
        performing a security background check of a covered individual
        shall contain recommendations on the appropriate scope and
        application of such a security background check, including the time
        period covered, the types of disqualifying offenses, and a redress
        process for adversely impacted covered individuals consistent with
        subsections (c) and (d) of this section.
            (2) Not later than 60 days after the date of enactment of this
        Act, any guidance, recommendations, suggested action items, or any
        other widely disseminated voluntary action item issued by the
        Secretary prior to the date of enactment of this Act to a public
        transportation agency or a contractor or subcontractor of a public
        transportation agency relating to performing a security background
        check of a covered individual shall be updated in compliance with
        paragraph (b)(1).
            (3) If a public transportation agency or a contractor or
        subcontractor of a public transportation agency performs a security
        background check on a covered individual to fulfill guidance issued
        by the Secretary under paragraph (1) or (2), the Secretary shall
        not consider such guidance fulfilled unless an adequate redress
        process as described in subsection (d) is provided to covered
        individuals.
        (c) Requirements.--If the Secretary issues a rule, regulation or
    directive requiring a public transportation agency or contractor or
    subcontractor of a public transportation agency to perform a security
    background check of a covered individual, then the Secretary shall
    prohibit a public transportation agency or contractor or subcontractor
    of a public transportation agency from making an adverse employment
    decision, including removal or suspension of the employee, due to such
    rule, regulation, or directive with respect to a covered individual
    unless the public transportation agency or contractor or subcontractor
    of a public transportation agency determines that the covered
    individual--
            (1) has been convicted of, has been found not guilty of by
        reason of insanity, or is under want, warrant, or indictment for a
        permanent disqualifying criminal offense listed in part 1572 of
        title 49, Code of Federal Regulations;
            (2) was convicted of or found not guilty by reason of insanity
        of an interim disqualifying criminal offense listed in part 1572 of
        title 49, Code of Federal Regulations, within 7 years of the date
        that the public transportation agency or contractor or
        subcontractor of the public transportation agency performs the
        security background check; or
            (3) was incarcerated for an interim disqualifying criminal
        offense listed in part 1572 of title 49, Code of Federal
        Regulations, and released from incarceration within 5 years of the
        date that the public transportation agency or contractor or
        subcontractor of a public transportation agency performs the
        security background check.
        (d) Redress Process.--If the Secretary issues a rule, regulation,
    or directive requiring a public transportation agency or contractor or
    subcontractor of a public transportation agency to perform a security
    background check of a covered individual, the Secretary shall--
            (1) provide an adequate redress process for a covered
        individual subjected to an adverse employment decision, including
        removal or suspension of the employee, due to such rule,
        regulation, or directive that is consistent with the appeals and
        waiver process established for applicants for commercial motor
        vehicle hazardous materials endorsements and transportation workers
        at ports, as required by section 70105(c) of title 49, United
        States Code; and
            (2) have the authority to order an appropriate remedy,
        including reinstatement of the covered individual, should the
        Secretary determine that a public transportation agency or
        contractor or subcontractor of a public transportation agency
        wrongfully made an adverse employment decision regarding a covered
        individual pursuant to such rule, regulation, or directive.
        (e) False Statements.--A public transportation agency or a
    contractor or subcontractor of a public transportation agency may not
    knowingly misrepresent to an employee or other relevant person,
    including an arbiter involved in a labor arbitration, the scope,
    application, or meaning of any rules, regulations, directives, or
    guidance issued by the Secretary related to security background check
    requirements for covered individuals when conducting a security
    background check. Not later than 1 year after the date of enactment of
    this Act, the Secretary shall issue a regulation that prohibits a
    public transportation agency or a contractor or subcontractor of a
    public transportation agency from knowingly misrepresenting to an
    employee or other relevant person, including an arbiter involved in a
    labor arbitration, the scope, application, or meaning of any rules,
    regulations, directives, or guidance issued by the Secretary related to
    security background check requirements for covered individuals when
    conducting a security background check.
        (f) Rights and Responsibilities.--Nothing in this section shall be
    construed to abridge a public transportation agency's or a contractor
    or subcontractor of a public transportation agency's rights or
    responsibilities to make adverse employment decisions permitted by
    other Federal, State, or local laws. Nothing in the section shall be
    construed to abridge rights and responsibilities of covered
    individuals, a public transportation agency, or a contractor or
    subcontractor of a public transportation agency under any other
    Federal, State, or local laws or collective bargaining agreement.
        (g) No Preemption of Federal or State Law.--Nothing in this section
    shall be construed to preempt a Federal, State, or local law that
    requires criminal history background checks, immigration status checks,
    or other background checks of covered individuals.
        (h) Statutory Construction.--Nothing in this section shall be
    construed to affect the process for review established under section
    70105(c) of title 46, United States Code, including regulations issued
    pursuant to such section.
    SEC. 1415. LIMITATION ON FINES AND CIVIL PENALTIES.
        (a) Inspectors.--Surface transportation inspectors shall be
    prohibited from issuing fines to public transportation agencies for
    violations of the Department's regulations or orders except through the
    process described in subsection (b).
        (b) Civil Penalties.--The Secretary shall be prohibited from
    assessing civil penalties against public transportation agencies for
    violations of the Department's regulations or orders, except in
    accordance with the following:
            (1) In the case of a public transportation agency that is found
        to be in violation of a regulation or order issued by the
        Secretary, the Secretary shall seek correction of the violation
        through a written notice to the public transportation agency and
        shall give the public transportation agency reasonable opportunity
        to correct the violation or propose an alternative means of
        compliance acceptable to the Secretary.
            (2) If the public transportation agency does not correct the
        violation or propose an alternative means of compliance acceptable
        to the Secretary within a reasonable time period that is specified
        in the written notice, the Secretary may take any action authorized
        in section 114 of title 49, United States Code, as amended by this
        Act.
        (c) Limitation on Secretary.--The Secretary shall not initiate
    civil enforcement actions for violations of administrative and
    procedural requirements pertaining to the application for and
    expenditure of funds awarded under transportation security grant
    programs under this title.

                   TITLE XV--SURFACE TRANSPORTATION SECURITY
                         Subtitle A--General Provisions

    SEC. 1501. DEFINITIONS.
        In this title, the following definitions apply:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Commerce, Science, and Transportation and the Committee on Homeland
        Security and Governmental Affairs of the Senate and the Committee
        on Homeland Security and the Committee on Transportation and
        Infrastructure of the House of Representatives.
            (2) Secretary.--The term ``Secretary'' means the Secretary of
        Homeland Security.
            (3) Department.--The term ``Department'' means the Department
        of Homeland Security.
            (4) Over-the-road bus.--The term ``over-the-road bus'' means a
        bus characterized by an elevated passenger deck located over a
        baggage compartment.
            (5) Over-the-road bus frontline employees.--In this section,
        the term ``over-the-road bus frontline employees'' means over-the-
        road bus drivers, security personnel, dispatchers, maintenance and
        maintenance support personnel, ticket agents, other terminal
        employees, and other employees of an over-the-road bus operator or
        terminal owner or operator that the Secretary determines should
        receive security training under this title.
            (6) Railroad frontline employees.--In this section, the term
        ``railroad frontline employees'' means security personnel,
        dispatchers, locomotive engineers, conductors, trainmen, other
        onboard employees, maintenance and maintenance support personnel,
        bridge tenders, and any other employees of railroad carriers that
        the Secretary determines should receive security training under
        this title.
            (7) Railroad.--The term ``railroad'' has the meaning that term
        has in section 20102 of title 49, United States Code.
            (8) Railroad carrier.--The term ``railroad carrier'' has the
        meaning that term has in section 20102 of title 49, United States
        Code.
            (9) State.--The term ``State'' means any one of the 50 States,
        the District of Columbia, Puerto Rico, the Northern Mariana
        Islands, the Virgin Islands, Guam, American Samoa, and any other
        territory or possession of the United States.
            (10) Terrorism.--The term ``terrorism'' has the meaning that
        term has in section 2 of the Homeland Security Act of 2002 (6
        U.S.C. 101).
            (11) Transportation.--The term ``transportation'', as used with
        respect to an over-the-road bus, means the movement of passengers
        or property by an over-the-road bus--
                (A) in the jurisdiction of the United States between a
            place in a State and a place outside the State (including a
            place outside the United States); or
                (B) in a State that affects trade, traffic, and
            transportation described in subparagraph (A).
            (12) United states.--The term ``United States'' means the 50
        States, the District of Columbia, Puerto Rico, the Northern Mariana
        Islands, the Virgin Islands, Guam, American Samoa, and any other
        territory or possession of the United States.
            (13) Security-sensitive material.--The term ``security-
        sensitive material'' means a material, or a group or class of
        material, in a particular amount and form that the Secretary, in
        consultation with the Secretary of Transportation, determines,
        through a rulemaking with opportunity for public comment, poses a
        significant risk to national security while being transported in
        commerce due to the potential use of the material in an act of
        terrorism. In making such a designation, the Secretary shall, at a
        minimum, consider the following:
                (A) Class 7 radioactive materials.
                (B) Division 1.1, 1.2, or 1.3 explosives.
                (C) Materials poisonous or toxic by inhalation, including
            Division 2.3 gases and Division 6.1 materials.
                (D) A select agent or toxin regulated by the Centers for
            Disease Control and Prevention under part 73 of title 42, Code
            of Federal Regulations.
            (14) Disadvantaged business concerns.--The term ``disadvantaged
        business concerns'' means small businesses that are owned and
        controlled by socially and economically disadvantaged individuals
        as defined in section 124, of title 13, Code of Federal
        Regulations.
            (15) Amtrak.--The term ``Amtrak'' means the National Railroad
        Passenger Corporation.
    SEC. 1502. OVERSIGHT AND GRANT PROCEDURES.
        (a) Secretarial Oversight.--The Secretary, in coordination with
    Secretary of Transportation for grants awarded to Amtrak, shall
    establish necessary procedures, including monitoring and audits, to
    ensure that grants made under this title are expended in accordance
    with the purposes of this title and the priorities and other criteria
    developed by the Secretary.
        (b) Additional Audits and Reviews.--The Secretary, and the
    Secretary of Transportation for grants awarded to Amtrak, may award
    contracts to undertake additional audits and reviews of the safety,
    security, procurement, management, and financial compliance of a
    recipient of amounts under this title.
        (c) Procedures for Grant Award.--Not later than 180 days after the
    date of enactment of this Act, the Secretary shall prescribe procedures
    and schedules for the awarding of grants under this title, including
    application and qualification procedures, and a record of decision on
    applicant eligibility. The procedures shall include the execution of a
    grant agreement between the grant recipient and the Secretary and shall
    be consistent, to the extent practicable, with the grant procedures
    established under section 70107(i) and (j) of title 46, United States
    Code.
        (d) Additional Authority.--
            (1) Issuance.--The Secretary may issue non-binding letters of
        intent to recipients of a grant under this title, to commit funding
        from future budget authority of an amount, not more than the
        Federal Government's share of the project's cost, for a capital
        improvement project.
            (2) Schedule.--The letter of intent under this subsection shall
        establish a schedule under which the Secretary will reimburse the
        recipient for the Government's share of the project's costs, as
        amounts become available, if the recipient, after the Secretary
        issues that letter, carries out the project without receiving
        amounts under a grant issued under this title.
            (3) Notice to secretary.--A recipient that has been issued a
        letter of intent under this section shall notify the Secretary of
        the recipient's intent to carry out a project before the project
        begins.
            (4) Notice to congress.--The Secretary shall transmit to the
        appropriate congressional committees a written notification at
        least 5 days before the issuance of a letter of intent under this
        subsection.
            (5) Limitations.--A letter of intent issued under this
        subsection is not an obligation of the Federal Government under
        section 1501 of title 31, United States Code, and the letter is not
        deemed to be an administrative commitment for financing. An
        obligation or administrative commitment may be made only as amounts
        are provided in authorization and appropriations laws.
        (e) Return of Misspent Grant Funds.--As part of the grant agreement
    under subsection (c), the Secretary shall require grant applicants to
    return any misspent grant funds received under this title that the
    Secretary considers to have been spent for a purpose other than those
    specified in the grant award. The Secretary shall take all necessary
    actions to recover such funds.
        (f) Congressional Notification.--Not later than 5 days before the
    award of any grant is made under this title, the Secretary shall notify
    the appropriate congressional committees of the intent to award such
    grant.
        (g) Guidelines.--The Secretary shall ensure, to the extent
    practicable, that grant recipients under this title who use contractors
    or subcontractors use small, minority, women-owned, or disadvantaged
    business concerns as contractors or subcontractors when appropriate.
    SEC. 1503. AUTHORIZATION OF APPROPRIATIONS.
        (a) Transportation Security Administration Authorization.--Section
    114 of title 49, United States Code, as amended by section 1302 of this
    Act, is further amended by adding at the end the following:
        ``(w) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary of Homeland Security for--
            ``(1) railroad security--
                ``(A) $488,000,000 for fiscal year 2008;
                ``(B) $483,000,000 for fiscal year 2009;
                ``(C) $508,000,000 for fiscal year 2010; and
                ``(D) $508,000,000 for fiscal year 2011;
            ``(2) over-the-road bus and trucking security--
                ``(A) $14,000,000 for fiscal year 2008;
                ``(B) $27,000,000 for fiscal year 2009;
                ``(C) $27,000,000 for fiscal year 2010; and
                ``(D) $27,000,000 for fiscal year 2011; and
            ``(3) hazardous material and pipeline security--
                ``(A) $12,000,000 for fiscal year 2008;
                ``(B) $12,000,000 for fiscal year 2009; and
                ``(C) $12,000,000 for fiscal year 2010.''.
        (b) Department of Transportation.--There are authorized to be
    appropriated to the Secretary of Transportation to carry out section
    1515--
            (1) $38,000,000 for fiscal year 2008;
            (2) $40,000,000 for fiscal year 2009;
            (3) $55,000,000 for fiscal year 2010; and
            (4) $70,000,000 for fiscal year 2011.
    SEC. 1504. PUBLIC AWARENESS.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall develop a national plan for railroad and over-the-
    road bus security public outreach and awareness. Such a plan shall be
    designed to increase awareness of measures that the general public,
    passengers, and employees of railroad carriers and over-the-road bus
    operators can take to increase the security of the national railroad
    and over-the-road bus transportation systems. Such a plan shall also
    provide outreach to railroad carriers and over-the-road bus operators
    and their employees to improve their awareness of available
    technologies, ongoing research and development efforts, and available
    Federal funding sources to improve security. Not later than 9 months
    after the date of enactment of this Act, the Secretary shall implement
    the plan developed under this section.

                         Subtitle B--Railroad Security

    SEC. 1511. RAILROAD TRANSPORTATION SECURITY RISK ASSESSMENT AND
    NATIONAL STRATEGY.
        (a) Risk Assessment.--The Secretary shall establish a Federal task
    force, including the Transportation Security Administration and other
    agencies within the Department, the Department of Transportation, and
    other appropriate Federal agencies, to complete, within 6 months of the
    date of enactment of this Act, a nationwide risk assessment of a
    terrorist attack on railroad carriers. The assessment shall include--
            (1) a methodology for conducting the risk assessment, including
        timelines, that addresses how the Department will work with the
        entities described in subsection (c) and make use of existing
        Federal expertise within the Department, the Department of
        Transportation, and other appropriate agencies;
            (2) identification and evaluation of critical assets and
        infrastructure, including tunnels used by railroad carriers in
        high-threat urban areas;
            (3) identification of risks to those assets and infrastructure;
            (4) identification of risks that are specific to the
        transportation of hazardous materials via railroad;
            (5) identification of risks to passenger and cargo security,
        transportation infrastructure protection systems, operations,
        communications systems, and any other area identified by the
        assessment;
            (6) an assessment of employee training and emergency response
        planning;
            (7) an assessment of public and private operational recovery
        plans, taking into account the plans for the maritime sector
        required under section 70103 of title 46, United States Code, to
        expedite, to the maximum extent practicable, the return of an
        adversely affected railroad transportation system or facility to
        its normal performance level after a major terrorist attack or
        other security event on that system or facility; and
            (8) an account of actions taken or planned by both public and
        private entities to address identified railroad security issues and
        an assessment of the effective integration of such actions.
        (b) National Strategy.--
            (1) Requirement.--Not later than 9 months after the date of
        enactment of this Act and based upon the assessment conducted under
        subsection (a), the Secretary, consistent with and as required by
        section 114(t) of title 49, United States Code, shall develop and
        implement the modal plan for railroad transportation, entitled the
        ``National Strategy for Railroad Transportation Security''.
            (2) Contents.--The modal plan shall include prioritized goals,
        actions, objectives, policies, mechanisms, and schedules for, at a
        minimum--
                (A) improving the security of railroad tunnels, railroad
            bridges, railroad switching and car storage areas, other
            railroad infrastructure and facilities, information systems,
            and other areas identified by the Secretary as posing
            significant railroad-related risks to public safety and the
            movement of interstate commerce, taking into account the impact
            that any proposed security measure might have on the provision
            of railroad service or on operations served or otherwise
            affected by railroad service;
                (B) deploying equipment and personnel to detect security
            threats, including those posed by explosives and hazardous
            chemical, biological, and radioactive substances, and any
            appropriate countermeasures;
                (C) consistent with section 1517, training railroad
            employees in terrorism prevention, preparedness, passenger
            evacuation, and response activities;
                (D) conducting public outreach campaigns for railroads
            regarding security, including educational initiatives designed
            to inform the public on how to prevent, prepare for, respond
            to, and recover from a terrorist attack on railroad
            transportation;
                (E) providing additional railroad security support for
            railroads at high or severe threat levels of alert;
                (F) ensuring, in coordination with freight and intercity
            and commuter passenger railroads, the continued movement of
            freight and passengers in the event of an attack affecting the
            railroad system, including the possibility of rerouting traffic
            due to the loss of critical infrastructure, such as a bridge,
            tunnel, yard, or station;
                (G) coordinating existing and planned railroad security
            initiatives undertaken by the public and private sectors;
                (H) assessing--
                    (i) the usefulness of covert testing of railroad
                security systems;
                    (ii) the ability to integrate security into
                infrastructure design; and
                    (iii) the implementation of random searches of
                passengers and baggage; and
                (I) identifying the immediate and long-term costs of
            measures that may be required to address those risks and public
            and private sector sources to fund such measures.
            (3) Responsibilities.--The Secretary shall include in the modal
        plan a description of the roles, responsibilities, and authorities
        of Federal, State, and local agencies, government-sponsored
        entities, tribal governments, and appropriate stakeholders
        described in subsection (c). The plan shall also include--
                (A) the identification of, and a plan to address, gaps and
            unnecessary overlaps in the roles, responsibilities, and
            authorities described in this paragraph;
                (B) a methodology for how the Department will work with the
            entities described in subsection (c), and make use of existing
            Federal expertise within the Department, the Department of
            Transportation, and other appropriate agencies;
                (C) a process for facilitating security clearances for the
            purpose of intelligence and information sharing with the
            entities described in subsection (c), as appropriate;
                (D) a strategy and timeline, coordinated with the research
            and development program established under section 1518, for the
            Department, the Department of Transportation, other appropriate
            Federal agencies and private entities to research and develop
            new technologies for securing railroad systems; and
                (E) a process for coordinating existing or future security
            strategies and plans for railroad transportation, including the
            National Infrastructure Protection Plan required by Homeland
            Security Presidential Directive-7; Executive Order No. 13416:
            ``Strengthening Surface Transportation Security'' dated
            December 5, 2006; the Memorandum of Understanding between the
            Department and the Department of Transportation on Roles and
            Responsibilities dated September 28, 2004, and any and all
            subsequent annexes to this Memorandum of Understanding, and any
            other relevant agreements between the two Departments.
        (c) Consultation With Stakeholders.--In developing the National
    Strategy required under this section, the Secretary shall consult with
    railroad management, nonprofit employee organizations representing
    railroad employees, owners or lessors of railroad cars used to
    transport hazardous materials, emergency responders, offerors of
    security-sensitive materials, public safety officials, and other
    relevant parties.
        (d) Adequacy of Existing Plans and Strategies.--In developing the
    risk assessment and National Strategy required under this section, the
    Secretary shall utilize relevant existing plans, strategies, and risk
    assessments developed by the Department or other Federal agencies,
    including those developed or implemented pursuant to section 114(t) of
    title 49, United States Code, or Homeland Security Presidential
    Directive-7, and, as appropriate, assessments developed by other public
    and private stakeholders.
        (e) Report.--
            (1) Contents.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall transmit to the
        appropriate congressional committees a report containing--
                (A) the assessment and the National Strategy required by
            this section; and
                (B) an estimate of the cost to implement the National
            Strategy.
            (2) Format.--The Secretary may submit the report in both
        classified and redacted formats if the Secretary determines that
        such action is appropriate or necessary.
        (f) Annual Updates.--Consistent with the requirements of section
    114(t) of title 49, United States Code, the Secretary shall update the
    assessment and National Strategy each year and transmit a report, which
    may be submitted in both classified and redacted formats, to the
    appropriate congressional committees containing the updated assessment
    and recommendations.
        (g) Funding.--Out of funds appropriated pursuant to section 114(w)
    of title 49, United States Code, as amended by section 1503 of this
    title, there shall be made available to the Secretary to carry out this
    section $5,000,000 for fiscal year 2008.
    SEC. 1512. RAILROAD CARRIER ASSESSMENTS AND PLANS.
        (a) In General.--Not later than 12 months after the date of
    enactment of this Act, the Secretary shall issue regulations that--
            (1) require each railroad carrier assigned to a high-risk tier
        under this section to--
                (A) conduct a vulnerability assessment in accordance with
            subsections (c) and (d); and
                (B) to prepare, submit to the Secretary for approval, and
            implement a security plan in accordance with this section that
            addresses security performance requirements; and
            (2) establish standards and guidelines, based on and consistent
        with the risk assessment and National Strategy for Railroad
        Transportation Security developed under section 1511, for
        developing and implementing the vulnerability assessments and
        security plans for railroad carriers assigned to high-risk tiers.
        (b) Non High-Risk Programs.--The Secretary may establish a security
    program for railroad carriers not assigned to a high-risk tier,
    including--
            (1) guidance for such carriers in conducting vulnerability
        assessments and preparing and implementing security plans, as
        determined appropriate by the Secretary; and
            (2) a process to review and approve such assessments and plans,
        as appropriate.
        (c) Deadline for Submission.--Not later than 9 months after the
    date of issuance of the regulations under subsection (a), the
    vulnerability assessments and security plans required by such
    regulations for railroad carriers assigned to a high-risk tier shall be
    completed and submitted to the Secretary for review and approval.
        (d) Vulnerability Assessments.--
            (1) Requirements.--The Secretary shall provide technical
        assistance and guidance to railroad carriers in conducting
        vulnerability assessments under this section and shall require that
        each vulnerability assessment of a railroad carrier assigned to a
        high-risk tier under this section, include, as applicable--
                (A) identification and evaluation of critical railroad
            carrier assets and infrastructure, including platforms,
            stations, intermodal terminals, tunnels, bridges, switching and
            storage areas, and information systems as appropriate;
                (B) identification of the vulnerabilities to those assets
            and infrastructure;
                (C) identification of strengths and weaknesses in--
                    (i) physical security;
                    (ii) passenger and cargo security, including the
                security of security-sensitive materials being transported
                by railroad or stored on railroad property;
                    (iii) programmable electronic devices, computers, or
                other automated systems which are used in providing the
                transportation;
                    (iv) alarms, cameras, and other protection systems;
                    (v) communications systems and utilities needed for
                railroad security purposes, including dispatching and
                notification systems;
                    (vi) emergency response planning;
                    (vii) employee training; and
                    (viii) such other matters as the Secretary determines
                appropriate; and
                (D) identification of redundant and backup systems required
            to ensure the continued operation of critical elements of a
            railroad carrier's system in the event of an attack or other
            incident, including disruption of commercial electric power or
            communications network.
            (2) Threat information.--The Secretary shall provide in a
        timely manner to the appropriate employees of a railroad carrier,
        as designated by the railroad carrier, threat information that is
        relevant to the carrier when preparing and submitting a
        vulnerability assessment and security plan, including an assessment
        of the most likely methods that could be used by terrorists to
        exploit weaknesses in railroad security.
        (e) Security Plans.--
            (1) Requirements.--The Secretary shall provide technical
        assistance and guidance to railroad carriers in preparing and
        implementing security plans under this section, and shall require
        that each security plan of a railroad carrier assigned to a high-
        risk tier under this section include, as applicable--
                (A) identification of a security coordinator having
            authority--
                    (i) to implement security actions under the plan;
                    (ii) to coordinate security improvements; and
                    (iii) to receive immediate communications from
                appropriate Federal officials regarding railroad security;
                (B) a list of needed capital and operational improvements;
                (C) procedures to be implemented or used by the railroad
            carrier in response to a terrorist attack, including evacuation
            and passenger communication plans that include individuals with
            disabilities as appropriate;
                (D) identification of steps taken with State and local law
            enforcement agencies, emergency responders, and Federal
            officials to coordinate security measures and plans for
            response to a terrorist attack;
                (E) a strategy and timeline for conducting training under
            section 1517;
                (F) enhanced security measures to be taken by the railroad
            carrier when the Secretary declares a period of heightened
            security risk;
                (G) plans for providing redundant and backup systems
            required to ensure the continued operation of critical elements
            of the railroad carrier's system in the event of a terrorist
            attack or other incident;
                (H) a strategy for implementing enhanced security for
            shipments of security-sensitive materials, including plans for
            quickly locating and securing such shipments in the event of a
            terrorist attack or security incident; and
                (I) such other actions or procedures as the Secretary
            determines are appropriate to address the security of railroad
            carriers.
            (2) Security coordinator requirements.--The Secretary shall
        require that the individual serving as the security coordinator
        identified in paragraph (1)(A) is a citizen of the United States.
        The Secretary may waive this requirement with respect to an
        individual if the Secretary determines that it is appropriate to do
        so based on a background check of the individual and a review of
        the consolidated terrorist watchlist.
            (3) Consistency with other plans.--The Secretary shall ensure
        that the security plans developed by railroad carriers under this
        section are consistent with the risk assessment and National
        Strategy for Railroad Transportation Security developed under
        section 1511.
        (f) Deadline for Review Process.--Not later than 6 months after
    receiving the assessments and plans required under this section, the
    Secretary shall--
            (1) review each vulnerability assessment and security plan
        submitted to the Secretary in accordance with subsection (c);
            (2) require amendments to any security plan that does not meet
        the requirements of this section; and
            (3) approve any vulnerability assessment or security plan that
        meets the requirements of this section.
        (g) Interim Security Measures.--The Secretary may require railroad
    carriers, during the period before the deadline established under
    subsection (c), to submit a security plan under subsection (e) to
    implement any necessary interim security measures essential to
    providing adequate security of the railroad carrier's system. An
    interim plan required under this subsection will be superseded by a
    plan required under subsection (e).
        (h) Tier Assignment.--Utilizing the risk assessment and National
    Strategy for Railroad Transportation Security required under section
    1511, the Secretary shall assign each railroad carrier to a risk-based
    tier established by the Secretary:
            (1) Provision of information.--The Secretary may request, and a
        railroad carrier shall provide, information necessary for the
        Secretary to assign a railroad carrier to the appropriate tier
        under this subsection.
            (2) Notification.--Not later than 60 days after the date a
        railroad carrier is assigned to a tier under this subsection, the
        Secretary shall notify the railroad carrier of the tier to which it
        is assigned and the reasons for such assignment.
            (3) High-risk tiers.--At least one of the tiers established by
        the Secretary under this subsection shall be designated a tier for
        high-risk railroad carriers.
            (4) Reassignment.--The Secretary may reassign a railroad
        carrier to another tier, as appropriate, in response to changes in
        risk. The Secretary shall notify the railroad carrier not later
        than 60 days after such reassignment and provide the railroad
        carrier with the reasons for such reassignment.
        (i) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing in this
        section shall be construed as authorizing the withholding of any
        information from Congress.
            (2) Disclosure of independently furnished information.--Nothing
        in this section shall be construed as affecting any authority or
        obligation of a Federal agency to disclose any record or
        information that the Federal agency obtains from a railroad carrier
        under any other Federal law.
        (j) Existing Procedures, Protocols and Standards.--
            (1) Determination.--In response to a petition by a railroad
        carrier or at the discretion of the Secretary, the Secretary may
        determine that existing procedures, protocols, and standards meet
        all or part of the requirements of this section, including
        regulations issued under subsection (a), regarding vulnerability
        assessments and security plans.
            (2) Election.--Upon review and written determination by the
        Secretary that existing procedures, protocols, or standards of a
        railroad carrier satisfy the requirements of this section, the
        railroad carrier may elect to comply with those procedures,
        protocols, or standards instead of the requirements of this
        section.
            (3) Partial approval.--If the Secretary determines that the
        existing procedures, protocols, or standards of a railroad carrier
        satisfy only part of the requirements of this section, the
        Secretary may accept such submission, but shall require submission
        by the railroad carrier of any additional information relevant to
        the vulnerability assessment and security plan of the railroad
        carrier to ensure that the remaining requirements of this section
        are fulfilled.
            (4) Notification.--If the Secretary determines that particular
        existing procedures, protocols, or standards of a railroad carrier
        under this subsection do not satisfy the requirements of this
        section, the Secretary shall provide to the railroad carrier a
        written notification that includes an explanation of the
        determination.
            (5) Review.--Nothing in this subsection shall relieve the
        Secretary of the obligation--
                (A) to review the vulnerability assessment and security
            plan submitted by a railroad carrier under this section; and
                (B) to approve or disapprove each submission on an
            individual basis.
        (k) Periodic Evaluation by Railroad Carriers Required.--
            (1) Submission of evaluation.--Not later than 3 years after the
        date on which a vulnerability assessment or security plan required
        to be submitted to the Secretary under subsection (c) is approved,
        and at least once every 5 years thereafter (or on such a schedule
        as the Secretary may establish by regulation), a railroad carrier
        who submitted a vulnerability assessment and security plan and who
        is still assigned to the high-risk tier must also submit to the
        Secretary an evaluation of the adequacy of the vulnerability
        assessment and security plan that includes a description of any
        material changes made to the vulnerability assessment or security
        plan.
            (2) Review of evaluation.--Not later than 180 days after the
        date on which an evaluation is submitted, the Secretary shall
        review the evaluation and notify the railroad carrier submitting
        the evaluation of the Secretary's approval or disapproval of the
        evaluation.
        (l) Shared Facilities.--The Secretary may permit under this section
    the development and implementation of coordinated vulnerability
    assessments and security plans to the extent that a railroad carrier
    shares facilities with, or is colocated with, other transportation
    entities or providers that are required to develop vulnerability
    assessments and security plans under Federal law.
        (m) Consultation.--In carrying out this section, the Secretary
    shall consult with railroad carriers, nonprofit employee labor
    organizations representation railroad employees, and public safety and
    law enforcement officials.
    SEC. 1513. RAILROAD SECURITY ASSISTANCE.
        (a) Security Improvement Grants.--(1) The Secretary, in
    consultation with the Administrator of the Transportation Security
    Administration and other appropriate agencies or officials, is
    authorized to make grants to railroad carriers, the Alaska Railroad,
    security-sensitive materials offerors who ship by railroad, owners of
    railroad cars used in the transportation of security-sensitive
    materials, State and local governments (for railroad passenger
    facilities and infrastructure not owned by Amtrak), and Amtrak for
    intercity passenger railroad and freight railroad security improvements
    described in subsection (b) as approved by the Secretary.
        (2) A railroad carrier is eligible for a grant under this section
    if the carrier has completed a vulnerability assessment and developed a
    security plan that the Secretary has approved in accordance with
    section 1512.
        (3) A recipient of a grant under this section may use grant funds
    only for permissible uses under subsection (b) to further a railroad
    security plan that meets the requirements of paragraph (2).
        (4) Notwithstanding the requirement for eligibility and uses of
    funds in paragraphs (2) and (3), a railroad carrier is eligible for a
    grant under this section if the applicant uses the funds solely for the
    development of assessments or security plans under section 1512.
        (5) Notwithstanding the requirements for eligibility and uses of
    funds in paragraphs (2) and (3), prior to the earlier of 1 year after
    the date of issuance of final regulations requiring vulnerability
    assessments and security plans under section 1512 or 3 years after the
    date of enactment of this Act, the Secretary may award grants under
    this section for rail security improvements listed under subsection (b)
    based upon railroad carrier vulnerability assessments and security
    plans that the Secretary determines are sufficient for the purposes of
    this section but have not been approved by the Secretary in accordance
    with section 1512.
        (b) Uses of Funds.--A recipient of a grant under this section shall
    use the grant funds for one or more of the following:
            (1) Security and redundancy for critical communications,
        computer, and train control systems essential for secure railroad
        operations.
            (2) Accommodation of railroad cargo or passenger security
        inspection facilities, related infrastructure, and operations at or
        near United States international borders or other ports of entry.
            (3) The security of security-sensitive materials transportation
        by railroad.
            (4) Chemical, biological, radiological, or explosive detection,
        including canine patrols for such detection.
            (5) The security of intercity passenger railroad stations,
        trains, and infrastructure, including security capital improvement
        projects that the Secretary determines enhance railroad station
        security.
            (6) Technologies to reduce the vulnerabilities of railroad
        cars, including structural modification of railroad cars
        transporting security-sensitive materials to improve their
        resistance to acts of terrorism.
            (7) The sharing of intelligence and information about security
        threats.
            (8) To obtain train tracking and communications equipment,
        including equipment that is interoperable with Federal, State, and
        local agencies and tribal governments.
            (9) To hire, train, and employ police and security officers,
        including canine units, assigned to full-time security or
        counterterrorism duties related to railroad transportation.
            (10) Overtime reimbursement, including reimbursement of State,
        local, and tribal governments for costs, for enhanced security
        personnel assigned to duties related to railroad security during
        periods of high or severe threat levels and National Special
        Security Events or other periods of heightened security as
        determined by the Secretary.
            (11) Perimeter protection systems, including access control,
        installation of improved lighting, fencing, and barricades at
        railroad facilities.
            (12) Tunnel protection systems.
            (13) Passenger evacuation and evacuation-related capital
        improvements.
            (14) Railroad security inspection technologies, including
        verified visual inspection technologies using hand-held readers.
            (15) Surveillance equipment.
            (16) Cargo or passenger screening equipment.
            (17) Emergency response equipment, including fire suppression
        and decontamination equipment, personal protective equipment, and
        defibrillators.
            (18) Operating and capital costs associated with security
        awareness, preparedness, and response training, including training
        under section 1517, and training developed by universities,
        institutions of higher education, and nonprofit employee labor
        organizations, for railroad employees, including frontline
        employees.
            (19) Live or simulated exercises, including exercises described
        in section 1516.
            (20) Public awareness campaigns for enhanced railroad security.
            (21) Development of assessments or security plans under section
        1512.
            (22) Other security improvements--
                (A) identified, required, or recommended under sections
            1511 and 1512, including infrastructure, facilities, and
            equipment upgrades; or
                (B) that the Secretary considers appropriate.
        (c) Department of Homeland Security Responsibilities.--In carrying
    out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants;
            (2) establish priorities for uses of funds for grant
        recipients;
            (3) award the funds authorized by this section based on risk,
        as identified by the plans required under sections 1511 and 1512,
        or assessment or plan described in subsection (a)(5);
            (4) take into account whether stations or facilities are used
        by commuter railroad passengers as well as intercity railroad
        passengers in reviewing grant applications;
            (5) encourage non-Federal financial participation in projects
        funded by grants; and
            (6) not later than 5 business days after awarding a grant to
        Amtrak under this section, transfer grant funds to the Secretary of
        Transportation to be disbursed to Amtrak.
        (d) Multiyear Awards.--Grant funds awarded under this section may
    be awarded for projects that span multiple years.
        (e) Limitation on Uses of Funds.--A grant made under this section
    may not be used to make any State or local government cost-sharing
    contribution under any other Federal law.
        (f) Annual Reports.--Each recipient of a grant under this section
    shall report annually to the Secretary on the use of grant funds.
        (g) Non-Federal Match Study.--Not later than 240 days after the
    date of enactment of this Act, the Secretary shall provide a report to
    the appropriate congressional committees on the feasibility and
    appropriateness of requiring a non-Federal match for grants awarded to
    freight railroad carriers and other private entities under this
    section.
        (h) Subject to Certain Standards.--A recipient of a grant under
    this section and sections 1514 and 1515 shall be required to comply
    with the standards of section 24312 of title 49, United States Code, as
    in effect on January 1, 2007, with respect to the project in the same
    manner as Amtrak is required to comply with such standards for
    construction work financed under an agreement made under section
    24308(a) of that title.
        (i) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant to section
        114(w) of title 49, United States Code, as amended by section 1503
        of this title, there shall be made available to the Secretary to
        carry out this section--
                (A) $300,000,000 for fiscal year 2008;
                (B) $300,000,000 for fiscal year 2009;
                (C) $300,000,000 for fiscal year 2010; and
                (D) $300,000,000 for fiscal year 2011.
            (2) Period of availability.--Sums appropriated to carry out
        this section shall remain available until expended.
    SEC. 1514. SYSTEMWIDE AMTRAK SECURITY UPGRADES.
        (a) In General.--
            (1) Grants.--Subject to subsection (b), the Secretary, in
        consultation with the Administrator of the Transportation Security
        Administration, is authorized to make grants to Amtrak in
        accordance with the provisions of this section.
            (2) General purposes.--The Secretary may make such grants for
        the purposes of--
                (A) protecting underwater and underground assets and
            systems;
                (B) protecting high-risk and high-consequence assets
            identified through systemwide risk assessments;
                (C) providing counterterrorism or security training;
                (D) providing both visible and unpredictable deterrence;
            and
                (E) conducting emergency preparedness drills and exercises.
            (3) Specific projects.--The Secretary shall make such grants--
                (A) to secure major tunnel access points and ensure tunnel
            integrity in New York, New Jersey, Maryland, and Washington,
            DC;
                (B) to secure Amtrak trains;
                (C) to secure Amtrak stations;
                (D) to obtain a watchlist identification system approved by
            the Secretary;
                (E) to obtain train tracking and interoperable
            communications systems that are coordinated with Federal,
            State, and local agencies and tribal governments to the maximum
            extent possible;
                (F) to hire, train, and employ police and security
            officers, including canine units, assigned to full-time
            security or counterterrorism duties related to railroad
            transportation;
                (G) for operating and capital costs associated with
            security awareness, preparedness, and response training,
            including training under section 1517, and training developed
            by universities, institutions of higher education, and
            nonprofit employee labor organizations, for railroad employees,
            including frontline employees; and
                (H) for live or simulated exercises, including exercises
            described in section 1516.
        (b) Conditions.--The Secretary shall award grants to Amtrak under
    this section for projects contained in a systemwide security plan
    approved by the Secretary developed pursuant to section 1512. Not later
    than 5 business days after awarding a grant to Amtrak under this
    section, the Secretary shall transfer the grant funds to the Secretary
    of Transportation to be disbursed to Amtrak.
        (c) Equitable Geographic Allocation.--The Secretary shall ensure
    that, subject to meeting the highest security needs on Amtrak's entire
    system and consistent with the risk assessment required under section
    1511 and Amtrak's vulnerability assessment and security plan developed
    under section 1512, stations and facilities located outside of the
    Northeast Corridor receive an equitable share of the security funds
    authorized by this section.
        (d) Availability of Funds.--
            (1) In general.--Out of funds appropriated pursuant to section
        114(w) of title 49, United States Code, as amended by section 1503
        of this title, there shall be made available to the Secretary and
        the Administrator of the Transportation Security Administration to
        carry out this section--
                (A) $150,000,000 for fiscal year 2008;
                (B) $150,000,000 for fiscal year 2009;
                (C) $175,000,000 for fiscal year 2010; and
                (D) $175,000,000 for fiscal year 2011.
            (2) Availability of appropriated funds.--Amounts appropriated
        pursuant to paragraph (1) shall remain available until expended.
    SEC. 1515. FIRE AND LIFE SAFETY IMPROVEMENTS.
        (a) Life-Safety Needs.--There are authorized to be appropriated to
    the Secretary of Transportation for making grants to Amtrak for the
    purpose of carrying out projects to make fire and life safety
    improvements to Amtrak tunnels on the Northeast Corridor the following
    amounts:
            (1) For the 6 New York and New Jersey tunnels to provide
        ventilation, electrical, and fire safety technology improvements,
        emergency communication and lighting systems, and emergency access
        and egress for passengers--
                (A) $25,000,000 for fiscal year 2008;
                (B) $30,000,000 for fiscal year 2009;
                (C) $45,000,000 for fiscal year 2010; and
                (D) $60,000,000 for fiscal year 2011.
            (2) For the Baltimore Potomac Tunnel and the Union Tunnel,
        together, to provide adequate drainage and ventilation,
        communication, lighting, standpipe, and passenger egress
        improvements--
                (A) $5,000,000 for fiscal year 2008;
                (B) $5,000,000 for fiscal year 2009;
                (C) $5,000,000 for fiscal year 2010; and
                (D) $5,000,000 for fiscal year 2011.
            (3) For the Union Station tunnels in the District of Columbia
        to improve ventilation, communication, lighting, and passenger
        egress improvements--
                (A) $5,000,000 for fiscal year 2008;
                (B) $5,000,000 for fiscal year 2009;
                (C) $5,000,000 for fiscal year 2010; and
                (D) $5,000,000 for fiscal year 2011.
        (b) Infrastructure Upgrades.--Out of funds appropriated pursuant to
    section 1503(b), there shall be made available to the Secretary of
    Transportation for fiscal year 2008, $3,000,000 for the preliminary
    design of options for a new tunnel on a different alignment to augment
    the capacity of the existing Baltimore tunnels.
        (c) Availability of Amounts.--Amounts appropriated pursuant to this
    section shall remain available until expended.
        (d) Plans Required.--The Secretary of Transportation may not make
    amounts available to Amtrak for obligation or expenditure under
    subsection (a)--
            (1) until Amtrak has submitted to the Secretary of
        Transportation, and the Secretary of Transportation has approved,
        an engineering and financial plan for such projects; and
            (2) unless, for each project funded pursuant to this section,
        the Secretary of Transportation has approved a project management
        plan prepared by Amtrak.
        (e) Review of Plans.--
            (1) In general.--The Secretary of Transportation shall complete
        the review of a plan required under subsection (d) and approve or
        disapprove the plan within 45 days after the date on which each
        such plan is submitted by Amtrak.
            (2) Incomplete or deficient plan.--If the Secretary of
        Transportation determines that a plan is incomplete or deficient,
        the Secretary of Transportation shall notify Amtrak of the
        incomplete items or deficiencies and Amtrak shall, within 30 days
        after receiving the Secretary of Transportation's notification,
        submit a modified plan for the Secretary of Transportation's
        review.
            (3) Approval of plan.--Within 15 days after receiving
        additional information on items previously included in the plan,
        and within 45 days after receiving items newly included in a
        modified plan, the Secretary of Transportation shall either approve
        the modified plan, or if the Secretary of Transportation finds the
        plan is still incomplete or deficient, the Secretary of
        Transportation shall--
                (A) identify in writing to the appropriate congressional
            committees the portions of the plan the Secretary finds
            incomplete or deficient;
                (B) approve all other portions of the plan;
                (C) obligate the funds associated with those portions; and
                (D) execute an agreement with Amtrak within 15 days
            thereafter on a process for resolving the remaining portions of
            the plan.
        (f) Financial Contribution From Other Tunnel Users.--The Secretary
    of Transportation, taking into account the need for the timely
    completion of all portions of the tunnel projects described in
    subsection (a), shall--
            (1) consider the extent to which railroad carriers other than
        Amtrak use or plan to use the tunnels;
            (2) consider the feasibility of seeking a financial
        contribution from those other railroad carriers toward the costs of
        the projects; and
            (3) obtain financial contributions or commitments from such
        other railroad carriers at levels reflecting the extent of their
        use or planned use of the tunnels, if feasible.
    SEC. 1516. RAILROAD CARRIER EXERCISES.
        (a) In General.--The Secretary shall establish a program for
    conducting security exercises for railroad carriers for the purpose of
    assessing and improving the capabilities of entities described in
    subsection (b) to prevent, prepare for, mitigate, respond to, and
    recover from acts of terrorism.
        (b) Covered Entities.--Entities to be assessed under the program
    shall include--
            (1) Federal, State, and local agencies and tribal governments;
            (2) railroad carriers;
            (3) governmental and nongovernmental emergency response
        providers, law enforcement agencies, and railroad and transit
        police, as appropriate; and
            (4) any other organization or entity that the Secretary
        determines appropriate.
        (c) Requirements.--The Secretary shall ensure that the program--
            (1) consolidates existing security exercises for railroad
        carriers administered by the Department and the Department of
        Transportation, as jointly determined by the Secretary and the
        Secretary of Transportation, unless the Secretary waives this
        consolidation requirement as appropriate;
            (2) consists of exercises that are--
                (A) scaled and tailored to the needs of the carrier,
            including addressing the needs of the elderly and individuals
            with disabilities;
                (B) live, in the case of the most at-risk facilities to a
            terrorist attack;
                (C) coordinated with appropriate officials;
                (D) as realistic as practicable and based on current risk
            assessments, including credible threats, vulnerabilities, and
            consequences;
                (E) inclusive, as appropriate, of railroad frontline
            employees; and
                (F) consistent with the National Incident Management
            System, the National Response Plan, the National Infrastructure
            Protection Plan, the National Preparedness Guidance, the
            National Preparedness Goal, and other such national
            initiatives;
            (3) provides that exercises described in paragraph (2) will
        be--
                (A) evaluated by the Secretary against clear and consistent
            performance measures;
                (B) assessed by the Secretary to identify best practices,
            which shall be shared, as appropriate, with railroad carriers,
            nonprofit employee organizations that represent railroad
            carrier employees, Federal, State, local, and tribal officials,
            governmental and nongovernmental emergency response providers,
            law enforcement personnel, including railroad carrier and
            transit police, and other stakeholders; and
                (C) used to develop recommendations, as appropriate, from
            the Secretary to railroad carriers on remedial action to be
            taken in response to lessons learned;
            (4) allows for proper advanced notification of communities and
        local governments in which exercises are held, as appropriate; and
            (5) assists State, local, and tribal governments and railroad
        carriers in designing, implementing, and evaluating additional
        exercises that conform to the requirements of paragraph (1).
        (d) National Exercise Program.--The Secretary shall ensure that the
    exercise program developed under subsection (c) is a component of the
    National Exercise Program established under section 648 of the Post
    Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
    748).
    SEC. 1517. RAILROAD SECURITY TRAINING PROGRAM.
        (a) In General.--Not later than 6 months after the date of
    enactment of this Act, the Secretary shall develop and issue
    regulations for a training program to prepare railroad frontline
    employees for potential security threats and conditions. The
    regulations shall take into consideration any current security training
    requirements or best practices.
        (b) Consultation.--The Secretary shall develop the regulations
    under subsection (a) in consultation with--
            (1) appropriate law enforcement, fire service, emergency
        response, security, and terrorism experts;
            (2) railroad carriers;
            (3) railroad shippers; and
            (4) nonprofit employee labor organizations representing
        railroad employees or emergency response personnel.
        (c) Program Elements.--The regulations developed under subsection
    (a) shall require security training programs described in subsection
    (a) to include, at a minimum, elements to address the following, as
    applicable:
            (1) Determination of the seriousness of any occurrence or
        threat.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend or protect oneself.
            (4) Use of personal and other protective equipment.
            (5) Evacuation procedures for passengers and railroad
        employees, including individuals with disabilities and the elderly.
            (6) Psychology, behavior, and methods of terrorists, including
        observation and analysis.
            (7) Training related to psychological responses to terrorist
        incidents, including the ability to cope with hijacker behavior and
        passenger responses.
            (8) Live situational training exercises regarding various
        threat conditions, including tunnel evacuation procedures.
            (9) Recognition and reporting of dangerous substances,
        suspicious packages, and situations.
            (10) Understanding security incident procedures, including
        procedures for communicating with governmental and nongovernmental
        emergency response providers and for on-scene interaction with such
        emergency response providers.
            (11) Operation and maintenance of security equipment and
        systems.
            (12) Other security training activities that the Secretary
        considers appropriate.
        (d) Required Programs.--
            (1) Development and submission to secretary.--Not later than 90
        days after the Secretary issues regulations under subsection (a),
        each railroad carrier shall develop a security training program in
        accordance with this section and submit the program to the
        Secretary for approval.
            (2) Approval or disapproval.--Not later than 60 days after
        receiving a security training program proposal under this
        subsection, the Secretary shall approve the program or require the
        railroad carrier that developed the program to make any revisions
        to the program that the Secretary considers necessary for the
        program to meet the requirements of this section. A railroad
        carrier shall respond to the Secretary's comments within 30 days
        after receiving them.
            (3) Training.--Not later than 1 year after the Secretary
        approves a security training program in accordance with this
        subsection, the railroad carrier that developed the program shall
        complete the training of all railroad frontline employees who were
        hired by a carrier more than 30 days preceding such date. For such
        employees employed less than 30 days by a carrier preceding such
        date, training shall be completed within the first 60 days of
        employment.
            (4) Updates of regulations and program revisions.--The
        Secretary shall periodically review and update as appropriate the
        training regulations issued under subsection (a) to reflect new or
        changing security threats. Each railroad carrier shall revise its
        training program accordingly and provide additional training as
        necessary to its frontline employees within a reasonable time after
        the regulations are updated.
        (e) National Training Program.--The Secretary shall ensure that the
    training program developed under subsection (a) is a component of the
    National Training Program established under section 648 of the Post
    Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
    748).
        (f) Reporting Requirements.--Not later than 2 years after the date
    of regulation issuance, the Secretary shall review implementation of
    the training program of a representative sample of railroad carriers
    and railroad frontline employees, and report to the appropriate
    congressional committees on the number of reviews conducted and the
    results of such reviews. The Secretary may submit the report in both
    classified and redacted formats as necessary.
        (g) Other Employees.--The Secretary shall issue guidance and best
    practices for a railroad shipper employee security program containing
    the elements listed under subsection (c).
    SEC. 1518. RAILROAD SECURITY RESEARCH AND DEVELOPMENT.
        (a) Establishment of Research and Development Program.--The
    Secretary, acting through the Under Secretary for Science and
    Technology and the Administrator of the Transportation Security
    Administration, shall carry out a research and development program for
    the purpose of improving the security of railroad transportation
    systems.
        (b) Eligible Projects.--The research and development program may
    include projects--
            (1) to reduce the vulnerability of passenger trains, stations,
        and equipment to explosives and hazardous chemical, biological, and
        radioactive substances, including the development of technology to
        screen passengers in large numbers at peak commuting times with
        minimal interference and disruption;
            (2) to test new emergency response and recovery techniques and
        technologies, including those used at international borders;
            (3) to develop improved railroad security technologies,
        including--
                (A) technologies for sealing or modifying railroad tank
            cars;
                (B) automatic inspection of railroad cars;
                (C) communication-based train control systems;
                (D) emergency response training, including training in a
            tunnel environment;
                (E) security and redundancy for critical communications,
            electrical power, computer, and train control systems; and
                (F) technologies for securing bridges and tunnels;
            (4) to test wayside detectors that can detect tampering;
            (5) to support enhanced security for the transportation of
        security-sensitive materials by railroad;
            (6) to mitigate damages in the event of a cyber attack; and
            (7) to address other vulnerabilities and risks identified by
        the Secretary.
        (c) Coordination With Other Research Initiatives.--The Secretary--
            (1) shall ensure that the research and development program is
        consistent with the National Strategy for Railroad Transportation
        Security developed under section 1511 and any other transportation
        security research and development programs required by this Act;
            (2) shall, to the extent practicable, coordinate the research
        and development activities of the Department with other ongoing
        research and development security-related initiatives, including
        research being conducted by--
                (A) the Department of Transportation, including University
            Transportation Centers and other institutes, centers, and
            simulators funded by the Department of Transportation;
                (B) the National Academy of Sciences;
                (C) the Technical Support Working Group;
                (D) other Federal departments and agencies; and
                (E) other Federal and private research laboratories,
            research entities, and universities and institutions of higher
            education, including Historically Black Colleges and
            Universities, Hispanic Serving Institutions, or Indian Tribally
            Controlled Colleges and Universities;
            (3) shall carry out any research and development project
        authorized by this section through a reimbursable agreement with an
        appropriate Federal agency, if the agency--
                (A) is currently sponsoring a research and development
            project in a similar area; or
                (B) has a unique facility or capability that would be
            useful in carrying out the project;
            (4) may award grants, or enter into cooperative agreements,
        contracts, other transactions, or reimbursable agreements to the
        entities described in paragraph (2) and the eligible grant
        recipients under section 1513; and
            (5) shall make reasonable efforts to enter into memoranda of
        understanding, contracts, grants, cooperative agreements, or other
        transactions with railroad carriers willing to contribute both
        physical space and other resources.
        (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and development
        projects under this section, the Secretary shall consult with the
        Chief Privacy Officer of the Department and the Officer for Civil
        Rights and Civil Liberties of the Department as appropriate and in
        accordance with section 222 of the Homeland Security Act of 2002 (6
        U.S.C. 142).
            (2) Privacy impact assessments.--In accordance with sections
        222 and 705 of the Homeland Security Act of 2002 (6 U.S.C. 142;
        345), the Chief Privacy Officer shall conduct privacy impact
        assessments and the Officer for Civil Rights and Civil Liberties
        shall conduct reviews, as appropriate, for research and development
        initiatives developed under this section that the Secretary
        determines could have an impact on privacy, civil rights, or civil
        liberties.
        (e) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant to section
        114(w) of title 49, United States Code, as amended by section 1503,
        there shall be made available to the Secretary to carry out this
        section--
                (A) $33,000,000 for fiscal year 2008;
                (B) $33,000,000 for fiscal year 2009;
                (C) $33,000,000 for fiscal year 2010; and
                (D) $33,000,000 for fiscal year 2011.
            (2) Period of availability.--Such sums shall remain available
        until expended.
    SEC. 1519. RAILROAD TANK CAR SECURITY TESTING.
        (a) Railroad Tank Car Vulnerability Assessment.--
            (1) Assessment.--The Secretary shall assess the likely methods
        of a deliberate terrorist attack against a railroad tank car used
        to transport toxic-inhalation-hazard materials, and for each method
        assessed, the degree to which it may be successful in causing
        death, injury, or serious adverse effects to human health, the
        environment, critical infrastructure, national security, the
        national economy, or public welfare.
            (2) Threats.--In carrying out paragraph (1), the Secretary
        shall consider the most current threat information as to likely
        methods of a successful terrorist attack on a railroad tank car
        transporting toxic-inhalation-hazard materials, and may consider
        the following:
                (A) Explosive devices placed along the tracks or attached
            to a railroad tank car.
                (B) The use of missiles, grenades, rockets, mortars, or
            other high-caliber weapons against a railroad tank car.
            (3) Physical testing.--In developing the assessment required
        under paragraph (1), the Secretary shall conduct physical testing
        of the vulnerability of railroad tank cars used to transport toxic-
        inhalation-hazard materials to different methods of a deliberate
        attack, using technical information and criteria to evaluate the
        structural integrity of railroad tank cars.
            (4) Report.--Not later than 30 days after the completion of the
        assessment under paragraph (1), the Secretary shall provide to the
        appropriate congressional committees a report, in the appropriate
        format, on such assessment.
        (b) Railroad Tank Car Dispersion Modeling.--
            (1) In general.--The Secretary, acting through the National
        Infrastructure Simulation and Analysis Center, shall conduct an air
        dispersion modeling analysis of release scenarios of toxic-
        inhalation-hazard materials resulting from a terrorist attack on a
        loaded railroad tank car carrying such materials in urban and rural
        environments.
            (2) Considerations.--The analysis under this subsection shall
        take into account the following considerations:
                (A) The most likely means of attack and the resulting
            dispersal rate.
                (B) Different times of day, to account for differences in
            cloud coverage and other atmospheric conditions in the
            environment being modeled.
                (C) Differences in population size and density.
                (D) Historically accurate wind speeds, temperatures, and
            wind directions.
                (E) Differences in dispersal rates or other relevant
            factors related to whether a railroad tank car is in motion or
            stationary.
                (F) Emergency response procedures by local officials.
                (G) Any other considerations the Secretary believes would
            develop an accurate, plausible dispersion model for toxic-
            inhalation-hazard materials released from a railroad tank car
            as a result of a terrorist act.
            (3) Consultation.--In conducting the dispersion modeling under
        paragraph (1), the Secretary shall consult with the Secretary of
        Transportation, hazardous materials experts, railroad carriers,
        nonprofit employee labor organizations representing railroad
        employees, appropriate State, local, and tribal officials, and
        other Federal agencies, as appropriate.
            (4) Information sharing.--Upon completion of the analysis
        required under paragraph (1), the Secretary shall share the
        information developed with the appropriate stakeholders, given
        appropriate information protection provisions as may be required by
        the Secretary.
            (5) Report.--Not later than 30 days after completion of all
        dispersion analyses under paragraph (1), the Secretary shall submit
        to the appropriate congressional committees a report detailing the
        Secretary's conclusions and findings in an appropriate format.
    SEC. 1520. RAILROAD THREAT ASSESSMENTS.
        Not later than 1 year after the date of enactment of this Act, the
    Secretary shall complete a name-based security background check against
    the consolidated terrorist watchlist and an immigration status check
    for all railroad frontline employees, similar to the threat assessment
    screening program required for facility employees and longshoremen by
    the Commandant of the Coast Guard under Coast Guard Notice USCG-2006-
    24189 (71 Fed. Reg. 25066 (April 8, 2006)).
    SEC. 1521. RAILROAD EMPLOYEE PROTECTIONS.
        Section 20109 of title 49, United States Code, is amended to read:
    ``SEC. 20109. EMPLOYEE PROTECTIONS.
        ``(a) In General.--A railroad carrier engaged in interstate or
    foreign commerce, a contractor or a subcontractor of such a railroad
    carrier, or an officer or employee of such a railroad carrier, may not
    discharge, demote, suspend, reprimand, or in any other way discriminate
    against an employee if such discrimination is due, in whole or in part,
    to the employee's lawful, good faith act done, or perceived by the
    employer to have been done or about to be done--
            ``(1) to provide information, directly cause information to be
        provided, or otherwise directly assist in any investigation
        regarding any conduct which the employee reasonably believes
        constitutes a violation of any Federal law, rule, or regulation
        relating to railroad safety or security, or gross fraud, waste, or
        abuse of Federal grants or other public funds intended to be used
        for railroad safety or security, if the information or assistance
        is provided to or an investigation stemming from the provided
        information is conducted by--
                ``(A) a Federal, State, or local regulatory or law
            enforcement agency (including an office of the Inspector
            General under the Inspector General Act of 1978 (5 U.S.C. App.;
            Public Law 95-452);
                ``(B) any Member of Congress, any committee of Congress, or
            the Government Accountability Office; or
                ``(C) a person with supervisory authority over the employee
            or such other person who has the authority to investigate,
            discover, or terminate the misconduct;
            ``(2) to refuse to violate or assist in the violation of any
        Federal law, rule, or regulation relating to railroad safety or
        security;
            ``(3) to file a complaint, or directly cause to be brought a
        proceeding related to the enforcement of this part or, as
        applicable to railroad safety or security, chapter 51 or 57 of this
        title, or to testify in that proceeding;
            ``(4) to notify, or attempt to notify, the railroad carrier or
        the Secretary of Transportation of a work-related personal injury
        or work-related illness of an employee;
            ``(5) to cooperate with a safety or security investigation by
        the Secretary of Transportation, the Secretary of Homeland
        Security, or the National Transportation Safety Board;
            ``(6) to furnish information to the Secretary of
        Transportation, the Secretary of Homeland Security, the National
        Transportation Safety Board, or any Federal, State, or local
        regulatory or law enforcement agency as to the facts relating to
        any accident or incident resulting in injury or death to an
        individual or damage to property occurring in connection with
        railroad transportation; or
            ``(7) to accurately report hours on duty pursuant to chapter
        211.
        ``(b) Hazardous Safety or Security Conditions.--(1) A railroad
    carrier engaged in interstate or foreign commerce, or an officer or
    employee of such a railroad carrier, shall not discharge, demote,
    suspend, reprimand, or in any other way discriminate against an
    employee for--
            ``(A) reporting, in good faith, a hazardous safety or security
        condition;
            ``(B) refusing to work when confronted by a hazardous safety or
        security condition related to the performance of the employee's
        duties, if the conditions described in paragraph (2) exist; or
            ``(C) refusing to authorize the use of any safety-related
        equipment, track, or structures, if the employee is responsible for
        the inspection or repair of the equipment, track, or structures,
        when the employee believes that the equipment, track, or structures
        are in a hazardous safety or security condition, if the conditions
        described in paragraph (2) exist.
        ``(2) A refusal is protected under paragraph (1)(B) and (C) if--
            ``(A) the refusal is made in good faith and no reasonable
        alternative to the refusal is available to the employee;
            ``(B) a reasonable individual in the circumstances then
        confronting the employee would conclude that--
                ``(i) the hazardous condition presents an imminent danger
            of death or serious injury; and
                ``(ii) the urgency of the situation does not allow
            sufficient time to eliminate the danger without such refusal;
            and
            ``(C) the employee, where possible, has notified the railroad
        carrier of the existence of the hazardous condition and the
        intention not to perform further work, or not to authorize the use
        of the hazardous equipment, track, or structures, unless the
        condition is corrected immediately or the equipment, track, or
        structures are repaired properly or replaced.
        ``(3) In this subsection, only paragraph (1)(A) shall apply to
    security personnel employed by a railroad carrier to protect
    individuals and property transported by railroad.
        ``(c) Enforcement Action.--
            ``(1) In general.--An employee who alleges discharge,
        discipline, or other discrimination in violation of subsection (a)
        or (b) of this section, may seek relief in accordance with the
        provisions of this section, with any petition or other request for
        relief under this section to be initiated by filing a complaint
        with the Secretary of Labor.
            ``(2) Procedure.--
                ``(A) In general.--Any action under paragraph (1) shall be
            governed under the rules and procedures set forth in section
            42121(b), including:
                    ``(i) Burdens of proof.--Any action brought under
                (c)(1) shall be governed by the legal burdens of proof set
                forth in section 42121(b).
                    ``(ii) Statute of limitations.--An action under
                paragraph (1) shall be commenced not later than 180 days
                after the date on which the alleged violation of subsection
                (a) or (b) of this section occurs.
                    ``(iii) Civil actions to enforce.--If a person fails to
                comply with an order issued by the Secretary of Labor
                pursuant to the procedures in section 42121(b), the
                Secretary of Labor may bring a civil action to enforce the
                order in the district court of the United States for the
                judicial district in which the violation occurred, as set
                forth in 42121.
                ``(B) Exception.--Notification made under section
            42121(b)(1) shall be made to the person named in the complaint
            and the person's employer.
            ``(3) De novo review.--With respect to a complaint under
        paragraph (1), if the Secretary of Labor has not issued a final
        decision within 210 days after the filing of the complaint and if
        the delay is not due to the bad faith of the employee, the employee
        may bring an original action at law or equity for de novo review in
        the appropriate district court of the United States, which shall
        have jurisdiction over such an action without regard to the amount
        in controversy, and which action shall, at the request of either
        party to such action, be tried by the court with a jury.
            ``(4) Appeals.--Any person adversely affected or aggrieved by
        an order issued pursuant to the procedures in section 42121(b), may
        obtain review of the order in the United States court of appeals
        for the circuit in which the violation, with respect to which the
        order was issued, allegedly occurred or the circuit in which the
        complainant resided on the date of such violation. The petition for
        review must be filed not later than 60 days after the date of the
        issuance of the final order of the Secretary of Labor. The review
        shall conform to chapter 7 of title 5. The commencement of
        proceedings under this paragraph shall not, unless ordered by the
        court, operate as a stay of the order.
        ``(d) Remedies.--
            ``(1) In general.--An employee prevailing in any action under
        subsection (c) shall be entitled to all relief necessary to make
        the employee whole.
            ``(2) Damages.--Relief in an action under subsection (c)
        (including an action described in subsection (c)(3)) shall
        include--
                ``(A) reinstatement with the same seniority status that the
            employee would have had, but for the discrimination;
                ``(B) any backpay, with interest; and
                ``(C) compensatory damages, including compensation for any
            special damages sustained as a result of the discrimination,
            including litigation costs, expert witness fees, and reasonable
            attorney fees.
            ``(3) Possible relief.--Relief in any action under subsection
        (c) may include punitive damages in an amount not to exceed
        $250,000.
        ``(e) Election of Remedies.--An employee may not seek protection
    under both this section and another provision of law for the same
    allegedly unlawful act of the railroad carrier.
        ``(f) No Preemption.--Nothing in this section preempts or
    diminishes any other safeguards against discrimination, demotion,
    discharge, suspension, threats, harassment, reprimand, retaliation, or
    any other manner of discrimination provided by Federal or State law.
        ``(g) Rights Retained by Employee.--Nothing in this section shall
    be deemed to diminish the rights, privileges, or remedies of any
    employee under any Federal or State law or under any collective
    bargaining agreement. The rights and remedies in this section may not
    be waived by any agreement, policy, form, or condition of employment.
        ``(h) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this subsection,
        or with the written consent of the employee, the Secretary of
        Transportation or the Secretary of Homeland Security may not
        disclose the name of an employee of a railroad carrier who has
        provided information about an alleged violation of this part or, as
        applicable to railroad safety or security, chapter 51 or 57 of this
        title, or a regulation prescribed or order issued under any of
        those provisions.
            ``(2) The Secretary of Transportation or the Secretary of
        Homeland Security shall disclose to the Attorney General the name
        of an employee described in paragraph (1) if the matter is referred
        to the Attorney General for enforcement. The Secretary making such
        disclosures shall provide reasonable advance notice to the affected
        employee if disclosure of that person's identity or identifying
        information is to occur.
        ``(i) Process for Reporting Security Problems to the Department of
    Homeland Security.--
            ``(1) Establishment of process.--The Secretary of Homeland
        Security shall establish through regulations, after an opportunity
        for notice and comment, a process by which any person may report to
        the Secretary of Homeland Security regarding railroad security
        problems, deficiencies, or vulnerabilities.
            ``(2) Acknowledgment of receipt.--If a report submitted under
        paragraph (1) identifies the person making the report, the
        Secretary of Homeland Security shall respond promptly to such
        person and acknowledge receipt of the report.
            ``(3) Steps to address problem.--The Secretary of Homeland
        Security shall review and consider the information provided in any
        report submitted under paragraph (1) and shall take appropriate
        steps to address any problems or deficiencies identified.''.
    SEC. 1522. SECURITY BACKGROUND CHECKS OF COVERED INDIVIDUALS.
        (a) Definitions.--In this section, the following definitions apply:
            (1) Security background check.--The term ``security background
        check'' means reviewing, for the purpose of identifying individuals
        who may pose a threat to transportation security or national
        security, or of terrorism--
                (A) relevant criminal history databases;
                (B) in the case of an alien (as defined in the Immigration
            and Nationality Act (8 U.S.C. 1101(a)(3)), the relevant
            databases to determine the status of the alien under the
            immigration laws of the United States; and
                (C) other relevant information or databases, as determined
            by the Secretary.
            (2) Covered individual.--The term ``covered individual'' means
        an employee of a railroad carrier or a contractor or subcontractor
        of a railroad carrier.
        (b) Guidance.--
            (1) Any guidance, recommendations, suggested action items, or
        any other widely disseminated voluntary action items issued by the
        Secretary to a railroad carrier or a contractor or subcontractor of
        a railroad carrier relating to performing a security background
        check of a covered individual shall contain recommendations on the
        appropriate scope and application of such a security background
        check, including the time period covered, the types of
        disqualifying offenses, and a redress process for adversely
        impacted covered individuals consistent with subsections (c) and
        (d) of this section.
            (2) Within 60 days after the date of enactment of this Act, any
        guidance, recommendations, suggested action items, or any other
        widely disseminated voluntary action item issued by the Secretary
        prior to the date of enactment of this Act to a railroad carrier or
        a contractor or subcontractor of a railroad carrier relating to
        performing a security background check of a covered individual
        shall be updated in compliance with paragraph (1).
            (3) If a railroad carrier or a contractor or subcontractor of a
        railroad carrier performs a security background check on a covered
        individual to fulfill guidance issued by the Secretary under
        paragraph (1) or (2), the Secretary shall not consider such
        guidance fulfilled unless an adequate redress process as described
        in subsection (d) is provided to covered individuals.
        (c) Requirements.--If the Secretary issues a rule, regulation, or
    directive requiring a railroad carrier or contractor or subcontractor
    of a railroad carrier to perform a security background check of a
    covered individual, then the Secretary shall prohibit the railroad
    carrier or contractor or subcontractor of a railroad carrier from
    making an adverse employment decision, including removal or suspension
    of the covered individual, due to such rule, regulation, or directive
    with respect to a covered individual unless the railroad carrier or
    contractor or subcontractor of a railroad carrier determines that the
    covered individual--
            (1) has been convicted of, has been found not guilty by reason
        of insanity, or is under want, warrant, or indictment for a
        permanent disqualifying criminal offense listed in part 1572 of
        title 49, Code of Federal Regulations;
            (2) was convicted of or found not guilty by reason of insanity
        of an interim disqualifying criminal offense listed in part 1572 of
        title 49, Code of Federal Regulations, within 7 years of the date
        that the railroad carrier or contractor or subcontractor of a
        railroad carrier performs the security background check; or
            (3) was incarcerated for an interim disqualifying criminal
        offense listed in part 1572 of title 49, Code of Federal
        Regulations, and released from incarceration within 5 years of the
        date that the railroad carrier or contractor or subcontractor of a
        railroad carrier performs the security background check.
        (d) Redress Process.--If the Secretary issues a rule, regulation,
    or directive requiring a railroad carrier or contractor or
    subcontractor of a railroad carrier to perform a security background
    check of a covered individual, the Secretary shall--
            (1) provide an adequate redress process for a covered
        individual subjected to an adverse employment decision, including
        removal or suspension of the employee, due to such rule,
        regulation, or directive that is consistent with the appeals and
        waiver process established for applicants for commercial motor
        vehicle hazardous materials endorsements and transportation
        employees at ports, as required by section 70105(c) of title 46,
        United States Code; and
            (2) have the authority to order an appropriate remedy,
        including reinstatement of the covered individual, should the
        Secretary determine that a railroad carrier or contractor or
        subcontractor of a railroad carrier wrongfully made an adverse
        employment decision regarding a covered individual pursuant to such
        rule, regulation, or directive.
        (e) False Statements.--A railroad carrier or a contractor or
    subcontractor of a railroad carrier may not knowingly misrepresent to
    an employee or other relevant person, including an arbiter involved in
    a labor arbitration, the scope, application, or meaning of any rules,
    regulations, directives, or guidance issued by the Secretary related to
    security background check requirements for covered individuals when
    conducting a security background check. Not later than 1 year after the
    date of enactment of this Act, the Secretary shall issue a regulation
    that prohibits a railroad carrier or a contractor or subcontractor of a
    railroad carrier from knowingly misrepresenting to an employee or other
    relevant person, including an arbiter involved in a labor arbitration,
    the scope, application, or meaning of any rules, regulations,
    directives, or guidance issued by the Secretary related to security
    background check requirements for covered individuals when conducting a
    security background check.
        (f) Rights and Responsibilities.--Nothing in this section shall be
    construed to abridge a railroad carrier's or a contractor or
    subcontractor of a railroad carrier's rights or responsibilities to
    make adverse employment decisions permitted by other Federal, State, or
    local laws. Nothing in the section shall be construed to abridge rights
    and responsibilities of covered individuals, a railroad carrier, or a
    contractor or subcontractor of a railroad carrier, under any other
    Federal, State, or local laws or under any collective bargaining
    agreement.
        (g) No Preemption of Federal or State Law.--Nothing in this section
    shall be construed to preempt a Federal, State, or local law that
    requires criminal history background checks, immigration status checks,
    or other background checks, of covered individuals.
        (h) Statutory Construction.--Nothing in this section shall be
    construed to affect the process for review established under section
    70105(c) of title 46, United States Code, including regulations issued
    pursuant to such section.
    SEC. 1523. NORTHERN BORDER RAILROAD PASSENGER REPORT.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary, in consultation with the Administrator of
    the Transportation Security Administration, the Secretary of
    Transportation, heads of other appropriate Federal departments and
    agencies and Amtrak shall transmit a report to the appropriate
    congressional committees that contains--
            (1) a description of the current system for screening
        passengers and baggage on passenger railroad service between the
        United States and Canada;
            (2) an assessment of the current program to provide
        preclearance of airline passengers between the United States and
        Canada as outlined in ``The Agreement on Air Transport Preclearance
        between the Government of Canada and the Government of the United
        States of America'', dated January 18, 2001;
            (3) an assessment of the current program to provide
        preclearance of freight railroad traffic between the United States
        and Canada as outlined in the ``Declaration of Principle for the
        Improved Security of Rail Shipments by Canadian National Railway
        and Canadian Pacific Railway from Canada to the United States'',
        dated April 2, 2003;
            (4) information on progress by the Department of Homeland
        Security and other Federal agencies towards finalizing a bilateral
        protocol with Canada that would provide for preclearance of
        passengers on trains operating between the United States and
        Canada;
            (5) a description of legislative, regulatory, budgetary, or
        policy barriers within the United States Government to providing
        prescreened passenger lists for railroad passengers traveling
        between the United States and Canada to the Department;
            (6) a description of the position of the Government of Canada
        and relevant Canadian agencies with respect to preclearance of such
        passengers;
            (7) a draft of any changes in existing Federal law necessary to
        provide for prescreening of such passengers and providing
        prescreened passenger lists to the Department; and
            (8) an analysis of the feasibility of reinstating in-transit
        inspections onboard international Amtrak trains.
        (b) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In preparing the report under this section,
        the Secretary shall consult with the Chief Privacy Officer of the
        Department and the Officer for Civil Rights and Civil Liberties of
        the Department as appropriate and in accordance with section 222 of
        the Homeland Security Act of 2002.
            (2) Privacy impact assessments.--In accordance with sections
        222 and 705 of the Homeland Security Act of 2002, the report must
        contain a privacy impact assessment conducted by the Chief Privacy
        Officer and a review conducted by the Officer for Civil Rights and
        Civil Liberties.
    SEC. 1524. INTERNATIONAL RAILROAD SECURITY PROGRAM.
        (a) In General.--
            (1) The Secretary shall develop a system to detect both
        undeclared passengers and contraband, with a primary focus on the
        detection of nuclear and radiological materials entering the United
        States by railroad.
            (2) System requirements.--In developing the system under
        paragraph (1), the Secretary may, in consultation with the Domestic
        Nuclear Detection Office, Customs and Border Protection, and the
        Transportation Security Administration--
                (A) deploy radiation detection equipment and nonintrusive
            imaging equipment at locations where railroad shipments cross
            an international border to enter the United States;
                (B) consider the integration of radiation detection
            technologies with other nonintrusive inspection technologies
            where feasible;
                (C) ensure appropriate training, operations, and response
            protocols are established for Federal, State, and local
            personnel;
                (D) implement alternative procedures to check railroad
            shipments at locations where the deployment of nonintrusive
            inspection imaging equipment is determined to not be
            practicable;
                (E) ensure, to the extent practicable, that such
            technologies deployed can detect terrorists or weapons,
            including weapons of mass destruction; and
                (F) take other actions, as appropriate, to develop the
            system.
        (b) Additional Information.--The Secretary shall--
            (1) identify and seek the submission of additional data
        elements for improved high-risk targeting related to the movement
        of cargo through the international supply chain utilizing a
        railroad prior to importation into the United States;
            (2) utilize data collected and maintained by the Secretary of
        Transportation in the targeting of high-risk cargo identified under
        paragraph (1); and
            (3) analyze the data provided in this subsection to identify
        high-risk cargo for inspection.
        (c) Report to Congress.--Not later than September 30, 2008, the
    Secretary shall transmit to the appropriate congressional committees a
    report that describes the progress of the system being developed under
    subsection (a).
        (d) Definitions.--In this section:
            (1) International supply chain.--The term ``international
        supply chain'' means the end-to-end process for shipping goods to
        or from the United States, beginning at the point of origin
        (including manufacturer, supplier, or vendor) through a point of
        distribution to the destination.
            (2) Radiation detection equipment.--The term ``radiation
        detection equipment'' means any technology that is capable of
        detecting or identifying nuclear and radiological material or
        nuclear and radiological explosive devices.
            (3) Inspection.--The term ``inspection'' means the
        comprehensive process used by Customs and Border Protection to
        assess goods entering the United States to appraise them for duty
        purposes, to detect the presence of restricted or prohibited items,
        and to ensure compliance with all applicable laws.
    SEC. 1525. TRANSMISSION LINE REPORT.
        (a) Study.--The Comptroller General shall undertake an assessment
    of the placement of high-voltage, direct-current, electric transmission
    lines along active railroad and other transportation rights-of-way. In
    conducting the assessment, the Comptroller General shall evaluate any
    economic, safety, and security risks and benefits to inhabitants living
    adjacent to such rights-of-way and to consumers of electric power
    transmitted by such transmission lines.
        (b) Report.--Not later than 6 months after the date of enactment of
    this Act, the Comptroller General shall transmit the results of the
    assessment in subsection (a) to the appropriate congressional
    committees.
    SEC. 1526. RAILROAD SECURITY ENHANCEMENTS.
        (a) Railroad Police Officers.--Section 28101 of title 49, United
    States Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``Under''; and
            (2) by adding at the end the following:
        ``(b) Assignment.--A railroad police officer employed by a railroad
    carrier and certified or commissioned as a police officer under the
    laws of a State may be temporarily assigned to assist a second railroad
    carrier in carrying out law enforcement duties upon the request of the
    second railroad carrier, at which time the police officer shall be
    considered to be an employee of the second railroad carrier and shall
    have authority to enforce the laws of any jurisdiction in which the
    second railroad carrier owns property to the same extent as provided in
    subsection (a).''.
        (b) Model State Legislation.--Not later than November 2, 2007, the
    Secretary of Transportation shall develop and make available to States
    model legislation to address the problem of entities that claim to be
    railroad carriers in order to establish and run a police force when the
    entities do not in fact provide railroad transportation. In developing
    the model State legislation the Secretary shall solicit the input of
    the States, railroads carriers, and railroad carrier employees. The
    Secretary shall review and, if necessary, revise such model State
    legislation periodically.
    SEC. 1527. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK
    CONTRACTS.
        Section 24301 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(o) Applicability of District of Columbia Law.--Any lease or
    contract entered into between Amtrak and the State of Maryland, or any
    department or agency of the State of Maryland, after the date of the
    enactment of this subsection shall be governed by the laws of the
    District of Columbia.''.
    SEC. 1528. RAILROAD PREEMPTION CLARIFICATION.
        Section 20106 of title 49, United States Code, is amended to read
    as follows:
    ``Sec. 20106. Preemption
        ``(a) National Uniformity of Regulation.--(1) Laws, regulations,
    and orders related to railroad safety and laws, regulations, and orders
    related to railroad security shall be nationally uniform to the extent
    practicable.
        ``(2) A State may adopt or continue in force a law, regulation, or
    order related to railroad safety or security until the Secretary of
    Transportation (with respect to railroad safety matters), or the
    Secretary of Homeland Security (with respect to railroad security
    matters), prescribes a regulation or issues an order covering the
    subject matter of the State requirement. A State may adopt or continue
    in force an additional or more stringent law, regulation, or order
    related to railroad safety or security when the law, regulation, or
    order--
            ``(A) is necessary to eliminate or reduce an essentially local
        safety or security hazard;
            ``(B) is not incompatible with a law, regulation, or order of
        the United States Government; and
            ``(C) does not unreasonably burden interstate commerce.
        ``(b) Clarification Regarding State Law Causes of Action.--(1)
    Nothing in this section shall be construed to preempt an action under
    State law seeking damages for personal injury, death, or property
    damage alleging that a party--
            ``(A) has failed to comply with the Federal standard of care
        established by a regulation or order issued by the Secretary of
        Transportation (with respect to railroad safety matters), or the
        Secretary of Homeland Security (with respect to railroad security
        matters), covering the subject matter as provided in subsection (a)
        of this section;
            ``(B) has failed to comply with its own plan, rule, or standard
        that it created pursuant to a regulation or order issued by either
        of the Secretaries; or
            ``(C) has failed to comply with a State law, regulation, or
        order that is not incompatible with subsection (a)(2).
        ``(2) This subsection shall apply to all pending State law causes
    of action arising from events or activities occurring on or after
    January 18, 2002.
        ``(c) Jurisdiction.--Nothing in this section creates a Federal
    cause of action on behalf of an injured party or confers Federal
    question jurisdiction for such State law causes of action.''.

              Subtitle C--Over-the-Road Bus and Trucking Security

    SEC. 1531. OVER-THE-ROAD BUS SECURITY ASSESSMENTS AND PLANS.
        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall issue regulations that--
            (1) require each over-the-road bus operator assigned to a high-
        risk tier under this section--
                (A) to conduct a vulnerability assessment in accordance
            with subsections (c) and (d); and
                (B) to prepare, submit to the Secretary for approval, and
            implement a security plan in accordance with subsection (e);
            and
            (2) establish standards and guidelines for developing and
        implementing the vulnerability assessments and security plans for
        carriers assigned to high-risk tiers consistent with this section.
        (b) Non High-Risk Programs.--The Secretary may establish a security
    program for over-the-road bus operators not assigned to a high-risk
    tier, including--
            (1) guidance for such operators in conducting vulnerability
        assessments and preparing and implementing security plans, as
        determined appropriate by the Secretary; and
            (2) a process to review and approve such assessments and plans,
        as appropriate.
        (c) Deadline for Submission.--Not later than 9 months after the
    date of issuance of the regulations under subsection (a), the
    vulnerability assessments and security plans required by such
    regulations for over-the-road bus operators assigned to a high-risk
    tier shall be completed and submitted to the Secretary for review and
    approval.
        (d) Vulnerability Assessments.--
            (1) Requirements.--The Secretary shall provide technical
        assistance and guidance to over-the-road bus operators in
        conducting vulnerability assessments under this section and shall
        require that each vulnerability assessment of an operator assigned
        to a high-risk tier under this section includes, as appropriate--
                (A) identification and evaluation of critical assets and
            infrastructure, including platforms, stations, terminals, and
            information systems;
                (B) identification of the vulnerabilities to those assets
            and infrastructure; and
                (C) identification of weaknesses in--
                    (i) physical security;
                    (ii) passenger and cargo security;
                    (iii) the security of programmable electronic devices,
                computers, or other automated systems which are used in
                providing over-the-road bus transportation;
                    (iv) alarms, cameras, and other protection systems;
                    (v) communications systems and utilities needed for
                over-the-road bus security purposes, including dispatching
                systems;
                    (vi) emergency response planning;
                    (vii) employee training; and
                    (viii) such other matters as the Secretary determines
                appropriate.
            (2) Threat information.--The Secretary shall provide in a
        timely manner to the appropriate employees of an over-the-road bus
        operator, as designated by the over-the-road bus operator, threat
        information that is relevant to the operator when preparing and
        submitting a vulnerability assessment and security plan, including
        an assessment of the most likely methods that could be used by
        terrorists to exploit weaknesses in over-the-road bus security.
        (e) Security Plans.--
            (1) Requirements.--The Secretary shall provide technical
        assistance and guidance to over-the-road bus operators in preparing
        and implementing security plans under this section and shall
        require that each security plan of an over-the-road bus operator
        assigned to a high-risk tier under this section includes, as
        appropriate--
                (A) the identification of a security coordinator having
            authority--
                    (i) to implement security actions under the plan;
                    (ii) to coordinate security improvements; and
                    (iii) to receive communications from appropriate
                Federal officials regarding over-the-road bus security;
                (B) a list of needed capital and operational improvements;
                (C) procedures to be implemented or used by the over-the-
            road bus operator in response to a terrorist attack, including
            evacuation and passenger communication plans that include
            individuals with disabilities, as appropriate;
                (D) the identification of steps taken with State and local
            law enforcement agencies, emergency responders, and Federal
            officials to coordinate security measures and plans for
            response to a terrorist attack;
                (E) a strategy and timeline for conducting training under
            section 1534;
                (F) enhanced security measures to be taken by the over-the-
            road bus operator when the Secretary declares a period of
            heightened security risk;
                (G) plans for providing redundant and backup systems
            required to ensure the continued operation of critical elements
            of the over-the-road bus operator's system in the event of a
            terrorist attack or other incident; and
                (H) such other actions or procedures as the Secretary
            determines are appropriate to address the security of over-the-
            road bus operators.
            (2) Security coordinator requirements.--The Secretary shall
        require that the individual serving as the security coordinator
        identified in paragraph (1)(A) is a citizen of the United States.
        The Secretary may waive this requirement with respect to an
        individual if the Secretary determines that it is appropriate to do
        so based on a background check of the individual and a review of
        the consolidated terrorist watchlist.
        (f) Deadline for Review Process.--Not later than 6 months after
    receiving the assessments and plans required under this section, the
    Secretary shall--
            (1) review each vulnerability assessment and security plan
        submitted to the Secretary in accordance with subsection (c);
            (2) require amendments to any security plan that does not meet
        the requirements of this section; and
            (3) approve any vulnerability assessment or security plan that
        meets the requirements of this section.
        (g) Interim Security Measures.--The Secretary may require over-the-
    road bus operators, during the period before the deadline established
    under subsection (c), to submit a security plan to implement any
    necessary interim security measures essential to providing adequate
    security of the over-the-road bus operator's system. An interim plan
    required under this subsection shall be superseded by a plan required
    under subsection (c).
        (h) Tier Assignment.--The Secretary shall assign each over-the-road
    bus operator to a risk-based tier established by the Secretary:
            (1) Provision of information.--The Secretary may request, and
        an over-the-road bus operator shall provide, information necessary
        for the Secretary to assign an over-the-road bus operator to the
        appropriate tier under this subsection.
            (2) Notification.--Not later than 60 days after the date an
        over-the-road bus operator is assigned to a tier under this
        section, the Secretary shall notify the operator of the tier to
        which it is assigned and the reasons for such assignment.
            (3) High-risk tiers.--At least one of the tiers established by
        the Secretary under this section shall be a tier designated for
        high-risk over-the-road bus operators.
            (4) Reassignment.--The Secretary may reassign an over-the-road
        bus operator to another tier, as appropriate, in response to
        changes in risk and the Secretary shall notify the over-the-road
        bus operator within 60 days after such reassignment and provide the
        operator with the reasons for such reassignment.
        (i) Existing Procedures, Protocols, and Standards.--
            (1) Determination.--In response to a petition by an over-the-
        road bus operator or at the discretion of the Secretary, the
        Secretary may determine that existing procedures, protocols, and
        standards meet all or part of the requirements of this section
        regarding vulnerability assessments and security plans.
            (2) Election.--Upon review and written determination by the
        Secretary that existing procedures, protocols, or standards of an
        over-the-road bus operator satisfy the requirements of this
        section, the over-the-road bus operator may elect to comply with
        those procedures, protocols, or standards instead of the
        requirements of this section.
            (3) Partial approval.--If the Secretary determines that the
        existing procedures, protocols, or standards of an over-the-road
        bus operator satisfy only part of the requirements of this section,
        the Secretary may accept such submission, but shall require
        submission by the operator of any additional information relevant
        to the vulnerability assessment and security plan of the operator
        to ensure that the remaining requirements of this section are
        fulfilled.
            (4) Notification.--If the Secretary determines that particular
        existing procedures, protocols, or standards of an over-the-road
        bus operator under this subsection do not satisfy the requirements
        of this section, the Secretary shall provide to the operator a
        written notification that includes an explanation of the reasons
        for nonacceptance.
            (5) Review.--Nothing in this subsection shall relieve the
        Secretary of the obligation--
                (A) to review the vulnerability assessment and security
            plan submitted by an over-the-road bus operator under this
            section; and
                (B) to approve or disapprove each submission on an
            individual basis.
        (j) Periodic Evaluation by Over-the-Road Bus Provider Required.--
            (1) Submission of evaluation.--Not later than 3 years after the
        date on which a vulnerability assessment or security plan required
        to be submitted to the Secretary under subsection (c) is approved,
        and at least once every 5 years thereafter (or on such a schedule
        as the Secretary may establish by regulation), an over-the-road bus
        operator who submitted a vulnerability assessment and security plan
        and who is still assigned to the high-risk tier shall also submit
        to the Secretary an evaluation of the adequacy of the vulnerability
        assessment and security plan that includes a description of any
        material changes made to the vulnerability assessment or security
        plan.
            (2) Review of evaluation.--Not later than 180 days after the
        date on which an evaluation is submitted, the Secretary shall
        review the evaluation and notify the over-the-road bus operator
        submitting the evaluation of the Secretary's approval or
        disapproval of the evaluation.
        (k) Shared Facilities.--The Secretary may permit under this section
    the development and implementation of coordinated vulnerability
    assessments and security plans to the extent that an over-the-road bus
    operator shares facilities with, or is colocated with, other
    transportation entities or providers that are required to develop
    vulnerability assessments and security plans under Federal law.
        (l) Nondisclosure of Information.--
            (1) Submission of information to congress.--Nothing in this
        section shall be construed as authorizing the withholding of any
        information from Congress.
            (2) Disclosure of independently furnished information.--Nothing
        in this section shall be construed as affecting any authority or
        obligation of a Federal agency to disclose any record or
        information that the Federal agency obtains from an over-the-road
        bus operator under any other Federal law.
    SEC. 1532. OVER-THE-ROAD BUS SECURITY ASSISTANCE.
        (a) In General.--The Secretary shall establish a program for making
    grants to eligible private operators providing transportation by an
    over-the-road bus for security improvements described in subsection
    (b).
        (b) Uses of Funds.--A recipient of a grant received under
    subsection (a) shall use the grant funds for one or more of the
    following:
            (1) Constructing and modifying terminals, garages, and
        facilities, including terminals and other over-the-road bus
        facilities owned by State or local governments, to increase their
        security.
            (2) Modifying over-the-road buses to increase their security.
            (3) Protecting or isolating the driver of an over-the-road bus.
            (4) Acquiring, upgrading, installing, or operating equipment,
        software, or accessorial services for collection, storage, or
        exchange of passenger and driver information through ticketing
        systems or other means and for information links with government
        agencies, for security purposes.
            (5) Installing cameras and video surveillance equipment on
        over-the-road buses and at terminals, garages, and over-the-road
        bus facilities.
            (6) Establishing and improving an emergency communications
        system linking drivers and over-the-road buses to the recipient's
        operations center or linking the operations center to law
        enforcement and emergency personnel.
            (7) Implementing and operating passenger screening programs for
        weapons and explosives.
            (8) Public awareness campaigns for enhanced over-the-road bus
        security.
            (9) Operating and capital costs associated with over-the-road
        bus security awareness, preparedness, and response training,
        including training under section 1534 and training developed by
        institutions of higher education and by nonprofit employee labor
        organizations, for over-the-road bus employees, including frontline
        employees.
            (10) Chemical, biological, radiological, or explosive
        detection, including canine patrols for such detection.
            (11) Overtime reimbursement, including reimbursement of State,
        local, and tribal governments for costs, for enhanced security
        personnel assigned to duties related to over-the-road bus security
        during periods of high or severe threat levels, National Special
        Security Events, or other periods of heightened security as
        determined by the Secretary.
            (12) Live or simulated exercises, including those described in
        section 1533.
            (13) Operational costs to hire, train, and employ police and
        security officers, including canine units, assigned to full-time
        security or counterterrorism duties related to over-the-road bus
        transportation, including reimbursement of State, local, and tribal
        government costs for such personnel.
            (14) Development of assessments or security plans under section
        1531.
            (15) Such other improvements as the Secretary considers
        appropriate.
        (c) Due Consideration.--In making grants under this section, the
    Secretary shall prioritize grant funding based on security risks to bus
    passengers and the ability of a project to reduce, or enhance response
    to, that risk, and shall not penalize private operators of over-the-
    road buses that have taken measures to enhance over-the-road bus
    transportation security prior to September 11, 2001.
        (d) Department of Homeland Security Responsibilities.--In carrying
    out the responsibilities under subsection (a), the Secretary shall--
            (1) determine the requirements for recipients of grants under
        this section, including application requirements;
            (2) select grant recipients;
            (3) award the funds authorized by this section based on risk,
        as identified by the plans required under section 1531 or
        assessment or plan described in subsection (f)(2); and
            (4) pursuant to subsection (c), establish priorities for the
        use of funds for grant recipients.
        (e) Distribution of Grants.--Not later than 90 days after the date
    of enactment of this Act, the Secretary and the Secretary of
    Transportation shall determine the most effective and efficient way to
    distribute grant funds to the recipients of grants determined by the
    Secretary under subsection (a). Subject to the determination made by
    the Secretaries, the Secretary may transfer funds to the Secretary of
    Transportation for the purposes of disbursing funds to the grant
    recipient.
        (f) Eligibility.--
            (1) A private operator providing transportation by an over-the-
        road bus is eligible for a grant under this section if the operator
        has completed a vulnerability assessment and developed a security
        plan that the Secretary has approved under section 1531. Grant
        funds may only be used for permissible uses under subsection (b) to
        further an over-the-road bus security plan.
            (2) Notwithstanding the requirements for eligibility and uses
        in paragraph (1), prior to the earlier of 1 year after the date of
        issuance of final regulations requiring vulnerability assessments
        and security plans under section 1531 or 3 years after the date of
        enactment of this Act, the Secretary may award grants under this
        section for over-the-road bus security improvements listed under
        subsection (b) based upon over-the-road bus vulnerability
        assessments and security plans that the Secretary deems are
        sufficient for the purposes of this section but have not been
        approved by the Secretary in accordance with section 1531.
        (g) Subject to Certain Terms and Conditions.--Except as otherwise
    specifically provided in this section, a grant made under this section
    shall be subject to the terms and conditions applicable to
    subrecipients who provide over-the-road bus transportation under
    section 5311(f) of title 49, United States Code, and such other terms
    and conditions as are determined necessary by the Secretary.
        (h) Limitation on Uses of Funds.--A grant made under this section
    may not be used to make any State or local government cost-sharing
    contribution under any other Federal law.
        (i) Annual Reports.--Each recipient of a grant under this section
    shall report annually to the Secretary and on the use of such grant
    funds.
        (j) Consultation.--In carrying out this section, the Secretary
    shall consult with over-the-road bus operators and nonprofit employee
    labor organizations representing over-the-road bus employees, public
    safety and law enforcement officials.
        (k) Authorization.--
            (1) In general.--From the amounts appropriated pursuant to
        section 114(w) of title 49, United States Code, as amended by
        section 1503 of this Act, there shall be made available to the
        Secretary to make grants under this section--
                (A) $12,000,000 for fiscal year 2008;
                (B) $25,000,000 for fiscal year 2009;
                (C) $25,000,000 for fiscal year 2010; and
                (D) $25,000,000 for fiscal year 2011.
            (2) Period of availability.--Sums appropriated to carry out
        this section shall remain available until expended.
    SEC. 1533. OVER-THE-ROAD BUS EXERCISES.
        (a) In General.--The Secretary shall establish a program for
    conducting security exercises for over-the-road bus transportation for
    the purpose of assessing and improving the capabilities of entities
    described in subsection (b) to prevent, prepare for, mitigate, respond
    to, and recover from acts of terrorism.
        (b) Covered Entities.--Entities to be assessed under the program
    shall include--
            (1) Federal, State, and local agencies and tribal governments;
            (2) over-the-road bus operators and over-the-road bus terminal
        owners and operators;
            (3) governmental and nongovernmental emergency response
        providers and law enforcement agencies; and
            (4) any other organization or entity that the Secretary
        determines appropriate.
        (c) Requirements.--The Secretary shall ensure that the program--
            (1) consolidates existing security exercises for over-the-road
        bus operators and terminals administered by the Department and the
        Department of Transportation, as jointly determined by the
        Secretary and the Secretary of Transportation, unless the Secretary
        waives this consolidation requirement, as appropriate;
            (2) consists of exercises that are--
                (A) scaled and tailored to the needs of the over-the-road
            bus operators and terminals, including addressing the needs of
            the elderly and individuals with disabilities;
                (B) live, in the case of the most at-risk facilities to a
            terrorist attack;
                (C) coordinated with appropriate officials;
                (D) as realistic as practicable and based on current risk
            assessments, including credible threats, vulnerabilities, and
            consequences;
                (E) inclusive, as appropriate, of over-the-road bus
            frontline employees; and
                (F) consistent with the National Incident Management
            System, the National Response Plan, the National Infrastructure
            Protection Plan, the National Preparedness Guidance, the
            National Preparedness Goal, and other such national
            initiatives;
            (3) provides that exercises described in paragraph (2) will
        be--
                (A) evaluated by the Secretary against clear and consistent
            performance measures;
                (B) assessed by the Secretary to identify best practices,
            which shall be shared, as appropriate, with operators providing
            over-the-road bus transportation, nonprofit employee
            organizations that represent over-the-road bus employees,
            Federal, State, local, and tribal officials, governmental and
            nongovernmental emergency response providers, and law
            enforcement personnel; and
                (C) used to develop recommendations, as appropriate,
            provided to over-the-road bus operators and terminal owners and
            operators on remedial action to be taken in response to lessons
            learned;
            (4) allows for proper advanced notification of communities and
        local governments in which exercises are held, as appropriate; and
            (5) assists State, local, and tribal governments and over-the-
        road bus operators and terminal owners and operators in designing,
        implementing, and evaluating additional exercises that conform to
        the requirements of paragraph (2).
        (d) National Exercise Program.--The Secretary shall ensure that the
    exercise program developed under subsection (c) is consistent with the
    National Exercise Program established under section 648 of the Post
    Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
    748).
    SEC. 1534. OVER-THE-ROAD BUS SECURITY TRAINING PROGRAM.
        (a) In General.--Not later than 6 months after the date of
    enactment of this Act, the Secretary shall develop and issue
    regulations for an over-the-road bus training program to prepare over-
    the-road bus frontline employees for potential security threats and
    conditions. The regulations shall take into consideration any current
    security training requirements or best practices.
        (b) Consultation.--The Secretary shall develop regulations under
    subsection (a) in consultation with--
            (1) appropriate law enforcement, fire service, emergency
        response, security, and terrorism experts;
            (2) operators providing over-the-road bus transportation; and
            (3) nonprofit employee labor organizations representing over-
        the-road bus employees and emergency response personnel.
        (c) Program Elements.--The regulations developed under subsection
    (a) shall require security training programs, to include, at a minimum,
    elements to address the following, as applicable:
            (1) Determination of the seriousness of any occurrence or
        threat.
            (2) Driver and passenger communication and coordination.
            (3) Appropriate responses to defend or protect oneself.
            (4) Use of personal and other protective equipment.
            (5) Evacuation procedures for passengers and over-the-road bus
        employees, including individuals with disabilities and the elderly.
            (6) Psychology, behavior, and methods of terrorists, including
        observation and analysis.
            (7) Training related to psychological responses to terrorist
        incidents, including the ability to cope with hijacker behavior and
        passenger responses.
            (8) Live situational training exercises regarding various
        threat conditions, including tunnel evacuation procedures.
            (9) Recognition and reporting of dangerous substances,
        suspicious packages, and situations.
            (10) Understanding security incident procedures, including
        procedures for communicating with emergency response providers and
        for on-scene interaction with such emergency response providers.
            (11) Operation and maintenance of security equipment and
        systems.
            (12) Other security training activities that the Secretary
        considers appropriate.
        (d) Required Programs.--
            (1) Development and submission to secretary.--Not later than 90
        days after the Secretary issues the regulations under subsection
        (a), each over-the-road bus operator shall develop a security
        training program in accordance with such regulations and submit the
        program to the Secretary for approval.
            (2) Approval.--Not later than 60 days after receiving a
        security training program under this subsection, the Secretary
        shall approve the program or require the over-the-road bus operator
        that developed the program to make any revisions to the program
        that the Secretary considers necessary for the program to meet the
        requirements of the regulations. An over-the-road bus operator
        shall respond to the Secretary's comments not later than 30 days
        after receiving them.
            (3) Training.--Not later than 1 year after the Secretary
        approves a security training program in accordance with this
        subsection, the over-the-road bus operator that developed the
        program shall complete the training of all over-the-road bus
        frontline employees who were hired by the operator more than 30
        days preceding such date. For such employees employed less than 30
        days by an operator preceding such date, training shall be
        completed within the first 60 days of employment.
            (4) Updates of regulations and program revisions.--The
        Secretary shall periodically review and update, as appropriate, the
        training regulations issued under subsection (a) to reflect new or
        changing security threats. Each over-the-road bus operator shall
        revise its training program accordingly and provide additional
        training as necessary to its employees within a reasonable time
        after the regulations are updated.
        (e) National Training Program.--The Secretary shall ensure that the
    training program developed under subsection (a) is a component of the
    National Training Program established under section 648 of the Post
    Katrina Emergency Management Reform Act (Public Law 109-295; 6 U.S.C.
    748).
        (f) Reporting Requirements.--Not later than 2 years after the date
    of regulation issuance, the Secretary shall review implementation of
    the training program of a representative sample of over-the-road bus
    operators and over-the-road bus frontline employees, and report to the
    appropriate congressional committees of such reviews. The Secretary may
    submit the report in both classified and redacted formats as necessary.
    SEC. 1535. OVER-THE-ROAD BUS SECURITY RESEARCH AND DEVELOPMENT.
        (a) Establishment of Research and Development Program.--The
    Secretary, acting through the Under Secretary for Science and
    Technology and the Administrator of the Transportation Security
    Administration, shall carry out a research and development program for
    the purpose of improving the security of over-the-road buses.
        (b) Eligible Projects.--The research and development program may
    include projects--
            (1) to reduce the vulnerability of over-the-road buses,
        stations, terminals, and equipment to explosives and hazardous
        chemical, biological, and radioactive substances, including the
        development of technology to screen passengers in large numbers
        with minimal interference and disruption;
            (2) to test new emergency response and recovery techniques and
        technologies, including those used at international borders;
            (3) to develop improved technologies, including those for--
                (A) emergency response training, including training in a
            tunnel environment, if appropriate; and
                (B) security and redundancy for critical communications,
            electrical power, computer, and over-the-road bus control
            systems; and
            (4) to address other vulnerabilities and risks identified by
        the Secretary.
        (c) Coordination With Other Research Initiatives.--The Secretary--
            (1) shall ensure that the research and development program is
        consistent with the other transportation security research and
        development programs required by this Act;
            (2) shall, to the extent practicable, coordinate the research
        and development activities of the Department with other ongoing
        research and development security-related initiatives, including
        research being conducted by--
                (A) the Department of Transportation, including University
            Transportation Centers and other institutes, centers, and
            simulators funded by the Department of Transportation;
                (B) the National Academy of Sciences;
                (C) the Technical Support Working Group;
                (D) other Federal departments and agencies; and
                (E) other Federal and private research laboratories,
            research entities, and institutions of higher education,
            including Historically Black Colleges and Universities,
            Hispanic Serving Institutions, and Indian Tribally Controlled
            Colleges and Universities;
            (3) shall carry out any research and development project
        authorized by this section through a reimbursable agreement with an
        appropriate Federal agency, if the agency--
                (A) is currently sponsoring a research and development
            project in a similar area; or
                (B) has a unique facility or capability that would be
            useful in carrying out the project;
            (4) may award grants and enter into cooperative agreements,
        contracts, other transactions, or reimbursable agreements to the
        entities described in paragraph (2) and eligible recipients under
        section 1532; and
            (5) shall make reasonable efforts to enter into memoranda of
        understanding, contracts, grants, cooperative agreements, or other
        transactions with private operators providing over-the-road bus
        transportation willing to contribute assets, physical space, and
        other resources.
        (d) Privacy and Civil Rights and Civil Liberties Issues.--
            (1) Consultation.--In carrying out research and development
        projects under this section, the Secretary shall consult with the
        Chief Privacy Officer of the Department and the Officer for Civil
        Rights and Civil Liberties of the Department as appropriate and in
        accordance with section 222 of the Homeland Security Act of 2002.
            (2) Privacy impact assessments.--In accordance with sections
        222 and 705 of the Homeland Security Act of 2002, the Chief Privacy
        Officer shall conduct privacy impact assessments and the Officer
        for Civil Rights and Civil Liberties shall conduct reviews, as
        appropriate, for research and development initiatives developed
        under this section that the Secretary determines could have an
        impact on privacy, civil rights, or civil liberties.
        (e) Authorization of Appropriations.--
            (1) In general.--From the amounts appropriated pursuant to
        section 114(w) of title 49, United States Code, as amended by
        section 1503 of this Act, there shall be made available to the
        Secretary to carry out this section--
                (A) $2,000,000 for fiscal year 2008;
                (B) $2,000,000 for fiscal year 2009;
                (C) $2,000,000 for fiscal year 2010; and
                (D) $2,000,000 for fiscal year 2011.
            (2) Period of availability.--Such sums shall remain available
        until expended.
    SEC. 1536. MOTOR CARRIER EMPLOYEE PROTECTIONS.
        Section 31105 of title 49, United States Code, is amended to read:
        ``(a) Prohibitions.--(1) A person may not discharge an employee, or
    discipline or discriminate against an employee regarding pay, terms, or
    privileges of employment, because--
            ``(A)(i) the employee, or another person at the employee's
        request, has filed a complaint or begun a proceeding related to a
        violation of a commercial motor vehicle safety or security
        regulation, standard, or order, or has testified or will testify in
        such a proceeding; or
            ``(ii) the person perceives that the employee has filed or is
        about to file a complaint or has begun or is about to begin a
        proceeding related to a violation of a commercial motor vehicle
        safety or security regulation, standard, or order;
            ``(B) the employee refuses to operate a vehicle because--
                ``(i) the operation violates a regulation, standard, or
            order of the United States related to commercial motor vehicle
            safety, health, or security; or
                ``(ii) the employee has a reasonable apprehension of
            serious injury to the employee or the public because of the
            vehicle's hazardous safety or security condition;
            ``(C) the employee accurately reports hours on duty pursuant to
        chapter 315;
            ``(D) the employee cooperates, or the person perceives that the
        employee is about to cooperate, with a safety or security
        investigation by the Secretary of Transportation, the Secretary of
        Homeland Security, or the National Transportation Safety Board; or
            ``(E) the employee furnishes, or the person perceives that the
        employee is or is about to furnish, information to the Secretary of
        Transportation, the Secretary of Homeland Security, the National
        Transportation Safety Board, or any Federal, State, or local
        regulatory or law enforcement agency as to the facts relating to
        any accident or incident resulting in injury or death to an
        individual or damage to property occurring in connection with
        commercial motor vehicle transportation.
        ``(2) Under paragraph (1)(B)(ii) of this subsection, an employee's
    apprehension of serious injury is reasonable only if a reasonable
    individual in the circumstances then confronting the employee would
    conclude that the hazardous safety or security condition establishes a
    real danger of accident, injury, or serious impairment to health. To
    qualify for protection, the employee must have sought from the
    employer, and been unable to obtain, correction of the hazardous safety
    or security condition.
        ``(b) Filing Complaints and Procedures.--(1) An employee alleging
    discharge, discipline, or discrimination in violation of subsection (a)
    of this section, or another person at the employee's request, may file
    a complaint with the Secretary of Labor not later than 180 days after
    the alleged violation occurred. All complaints initiated under this
    section shall be governed by the legal burdens of proof set forth in
    section 42121(b). On receiving the complaint, the Secretary of Labor
    shall notify, in writing, the person alleged to have committed the
    violation of the filing of the complaint.
        ``(2)(A) Not later than 60 days after receiving a complaint, the
    Secretary of Labor shall conduct an investigation, decide whether it is
    reasonable to believe the complaint has merit, and notify, in writing,
    the complainant and the person alleged to have committed the violation
    of the findings. If the Secretary of Labor decides it is reasonable to
    believe a violation occurred, the Secretary of Labor shall include with
    the decision findings and a preliminary order for the relief provided
    under paragraph (3) of this subsection.
        ``(B) Not later than 30 days after the notice under subparagraph
    (A) of this paragraph, the complainant and the person alleged to have
    committed the violation may file objections to the findings or
    preliminary order, or both, and request a hearing on the record. The
    filing of objections does not stay a reinstatement ordered in the
    preliminary order. If a hearing is not requested within the 30 days,
    the preliminary order is final and not subject to judicial review.
        ``(C) A hearing shall be conducted expeditiously. Not later than
    120 days after the end of the hearing, the Secretary of Labor shall
    issue a final order. Before the final order is issued, the proceeding
    may be ended by a settlement agreement made by the Secretary of Labor,
    the complainant, and the person alleged to have committed the
    violation.
        ``(3)(A) If the Secretary of Labor decides, on the basis of a
    complaint, a person violated subsection (a) of this section, the
    Secretary of Labor shall order the person to--
        ``(i) take affirmative action to abate the violation;
        ``(ii) reinstate the complainant to the former position with the
    same pay and terms and privileges of employment; and
        ``(iii) pay compensatory damages, including backpay with interest
    and compensation for any special damages sustained as a result of the
    discrimination, including litigation costs, expert witness fees, and
    reasonable attorney fees.
        ``(B) If the Secretary of Labor issues an order under subparagraph
    (A) of this paragraph and the complainant requests, the Secretary of
    Labor may assess against the person against whom the order is issued
    the costs (including attorney fees) reasonably incurred by the
    complainant in bringing the complaint. The Secretary of Labor shall
    determine the costs that reasonably were incurred.
        ``(C) Relief in any action under subsection (b) may include
    punitive damages in an amount not to exceed $250,000.
        ``(c) De Novo Review.--With respect to a complaint under paragraph
    (1), if the Secretary of Labor has not issued a final decision within
    210 days after the filing of the complaint and if the delay is not due
    to the bad faith of the employee, the employee may bring an original
    action at law or equity for de novo review in the appropriate district
    court of the United States, which shall have jurisdiction over such an
    action without regard to the amount in controversy, and which action
    shall, at the request of either party to such action, be tried by the
    court with a jury.
        ``(d) Judicial Review and Venue.--A person adversely affected by an
    order issued after a hearing under subsection (b) of this section may
    file a petition for review, not later than 60 days after the order is
    issued, in the court of appeals of the United States for the circuit in
    which the violation occurred or the person resided on the date of the
    violation. Review shall conform to chapter 7 of title 5. The review
    shall be heard and decided expeditiously. An order of the Secretary of
    Labor subject to review under this subsection is not subject to
    judicial review in a criminal or other civil proceeding.
        ``(e) Civil Actions to Enforce.--If a person fails to comply with
    an order issued under subsection (b) of this section, the Secretary of
    Labor shall bring a civil action to enforce the order in the district
    court of the United States for the judicial district in which the
    violation occurred.
        ``(f) No Preemption.--Nothing in this section preempts or
    diminishes any other safeguards against discrimination, demotion,
    discharge, suspension, threats, harassment, reprimand, retaliation, or
    any other manner of discrimination provided by Federal or State law.
        ``(g) Rights Retained by Employee.--Nothing in this section shall
    be deemed to diminish the rights, privileges, or remedies of any
    employee under any Federal or State law or under any collective
    bargaining agreement. The rights and remedies in this section may not
    be waived by any agreement, policy, form, or condition of employment.
        ``(h) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this subsection,
        or with the written consent of the employee, the Secretary of
        Transportation or the Secretary of Homeland Security may not
        disclose the name of an employee who has provided information about
        an alleged violation of this part, or a regulation prescribed or
        order issued under any of those provisions.
            ``(2) The Secretary of Transportation or the Secretary of
        Homeland Security shall disclose to the Attorney General the name
        of an employee described in paragraph (1) of this subsection if the
        matter is referred to the Attorney General for enforcement. The
        Secretary making such disclosure shall provide reasonable advance
        notice to the affected employee if disclosure of that person's
        identity or identifying information is to occur.
        ``(i) Process for Reporting Security Problems to the Department of
    Homeland Security.--
            ``(1) Establishment of process.--The Secretary of Homeland
        Security shall establish through regulations, after an opportunity
        for notice and comment, a process by which any person may report to
        the Secretary of Homeland Security regarding motor carrier vehicle
        security problems, deficiencies, or vulnerabilities.
            ``(2) Acknowledgment of receipt.--If a report submitted under
        paragraph (1) identifies the person making the report, the
        Secretary of Homeland Security shall respond promptly to such
        person and acknowledge receipt of the report.
            ``(3) Steps to address problem.--The Secretary of Homeland
        Security shall review and consider the information provided in any
        report submitted under paragraph (1) and shall take appropriate
        steps to address any problems or deficiencies identified.
        ``(j) Definition.--In this section, `employee' means a driver of a
    commercial motor vehicle (including an independent contractor when
    personally operating a commercial motor vehicle), a mechanic, a freight
    handler, or an individual not an employer, who--
            ``(1) directly affects commercial motor vehicle safety or
        security in the course of employment by a commercial motor carrier;
        and
            ``(2) is not an employee of the United States Government, a
        State, or a political subdivision of a State acting in the course
        of employment.''.
    SEC. 1537. UNIFIED CARRIER REGISTRATION SYSTEM AGREEMENT.
        (a) Reenactment of SSRS.--Section 14504 of title 49, United States
    Code, as that section was in effect on December 31, 2006, shall be in
    effect as a law of the United States for the period beginning on
    January 1, 2007, ending on the earlier of January 1, 2008, or the
    effective date of the final regulations issued pursuant to subsection
    (b).
        (b) Deadline for Final Regulations.--Not later than October 1,
    2007, the Federal Motor Carrier Safety Administration shall issue final
    regulations to establish the Unified Carrier Registration System, as
    required by section 13908 of title 49, United States Code, and set fees
    for the unified carrier registration agreement for calendar year 2007
    or subsequent calendar years to be charged to motor carriers, motor
    private carriers, and freight forwarders under such agreement, as
    required by 14504a of title 49, United States Code.
        (c) Repeal of SSRS.--Section 4305(a) of the Safe, Accountable,
    Flexible Efficient Transportation Equity Act: A Legacy for Users (119
    Stat. 1764) is amended by striking ``the first January'' and all that
    follows through ``this Act'' and inserting ``January 1, 2008''.
    SEC. 1538. SCHOOL BUS TRANSPORTATION SECURITY.
        (a) School Bus Security Risk Assessment.--Not later than 1 year
    after the date of enactment of this Act, the Secretary shall transmit
    to the appropriate congressional committees a report, including a
    classified report, as appropriate, containing a comprehensive
    assessment of the risk of a terrorist attack on the Nation's school bus
    transportation system in accordance with the requirements of this
    section.
        (b) Contents of Risk Assessment.--The assessment shall include--
            (1) an assessment of security risks to the Nation's school bus
        transportation system, including publicly and privately operated
        systems;
            (2) an assessment of actions already taken by operators or
        others to address identified security risks; and
            (3) an assessment of whether additional actions and investments
        are necessary to improve the security of passengers traveling on
        school buses and a list of such actions or investments, if
        appropriate.
        (c) Consultation.--In conducting the risk assessment, the Secretary
    shall consult with administrators and officials of school systems,
    representatives of the school bus industry, including both publicly and
    privately operated systems, public safety and law enforcement
    officials, and nonprofit employee labor organizations representing
    school bus drivers.
    SEC. 1539. TECHNICAL AMENDMENT.
        Section 1992(d)(7) of title 18, United States Code, is amended by
    inserting ``intercity bus transportation'' after ``includes''.
    SEC. 1540. TRUCK SECURITY ASSESSMENT.
        (a) Definition.--For the purposes of this section, the term
    ``truck'' means any self-propelled or towed motor vehicle used on a
    highway in interstate commerce to transport property when the vehicle--
            (1) has a gross vehicle weight rating or gross combination
        weight rating, or gross vehicle weight or gross combination weight,
        of 4,536 kg (10,001 pounds) or more, whichever is greater; or
            (2) is used in transporting material found by the Secretary of
        Transportation to be hazardous under section 5103 of title 49,
        United States Code, and transported in a quantity requiring
        placarding under regulations prescribed by the Secretary under
        subtitle B, chapter I, subchapter C of title 49, Code of Federal
        Regulations.
        (b) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary, in coordination with the Secretary of
    Transportation, shall transmit a report to the appropriate
    congressional committees on truck security issues that includes--
            (1) a security risk assessment of the trucking industry;
            (2) an assessment of actions already taken by both public and
        private entities to address identified security risks;
            (3) an assessment of the economic impact that security upgrades
        of trucks, truck equipment, or truck facilities may have on the
        trucking industry and its employees, including independent owner-
        operators;
            (4) an assessment of ongoing research by public and private
        entities and the need for additional research on truck security;
            (5) an assessment of industry best practices to enhance
        security; and
            (6) an assessment of the current status of secure truck
        parking.
        (c) Format.--The Secretary may submit the report in both classified
    and redacted formats if the Secretary determines that such action is
    appropriate or necessary.
    SEC. 1541. MEMORANDUM OF UNDERSTANDING ANNEX.
        Not later than 1 year after the date of enactment of this Act, the
    Secretary of Transportation and the Secretary shall execute and develop
    an annex to the Memorandum of Understanding between the two departments
    signed on September 28, 2004, governing the specific roles,
    delineations of responsibilities, resources, and commitments of the
    Department of Transportation and the Department of Homeland Security,
    respectively, in addressing motor carrier transportation security
    matters, including over-the-road bus security matters, and shall cover
    the processes the Departments will follow to promote communications,
    efficiency, and nonduplication of effort.
    SEC. 1542. DHS INSPECTOR GENERAL REPORT ON TRUCKING SECURITY GRANT
    PROGRAM.
        (a) Initial Report.--Not later than 90 days after the date of
    enactment of this Act, the Inspector General of the Department of
    Homeland Security shall submit a report to the appropriate
    congressional committees on the Federal trucking industry security
    grant program, for fiscal years 2004 and 2005 that--
            (1) addresses the grant announcement, application, receipt,
        review, award, monitoring, and closeout processes; and
            (2) states the amount obligated or expended under the program
        for fiscal years 2004 and 2005 for--
                (A) infrastructure protection;
                (B) training;
                (C) equipment;
                (D) educational materials;
                (E) program administration;
                (F) marketing; and
                (G) other functions.
        (b) Subsequent Report.--Not later than 1 year after the date of
    enactment of this Act, the Inspector General of the Department of
    Homeland Security shall submit a report to the appropriate
    congressional committees that--
            (1) analyzes the performance, efficiency, and effectiveness of
        the Federal trucking industry security grant program, and the need
        for the program using all years of available data; and
            (2) makes recommendations regarding the future of the program,
        including options to improve the effectiveness and utility of the
        program and motor carrier security.

              Subtitle D--Hazardous Material and Pipeline Security

    SEC. 1551. RAILROAD ROUTING OF SECURITY-SENSITIVE MATERIALS.
        (a) In General.--Not later than 9 months after the date of
    enactment of this Act, the Secretary of Transportation, in consultation
    with the Secretary, shall publish a final rule based on the Pipeline
    and Hazardous Materials Safety Administration's Notice of Proposed
    Rulemaking published on December 21, 2006, entitled ``Hazardous
    Materials: Enhancing Railroad Transportation Safety and Security for
    Hazardous Materials Shipments''. The final rule shall incorporate the
    requirements of this section and, as appropriate, public comments
    received during the comment period of the rulemaking.
        (b) Security-Sensitive Materials Commodity Data.--The Secretary of
    Transportation shall ensure that the final rule requires each railroad
    carrier transporting security-sensitive materials in commerce to, no
    later than 90 days after the end of each calendar year, compile
    security-sensitive materials commodity data. Such data must be
    collected by route, line segment, or series of line segments, as
    aggregated by the railroad carrier. Within the railroad carrier
    selected route, the commodity data must identify the geographic
    location of the route and the total number of shipments by the United
    Nations identification number for the security-sensitive materials.
        (c) Railroad Transportation Route Analysis for Security-Sensitive
    Materials.--The Secretary of Transportation shall ensure that the final
    rule requires each railroad carrier transporting security-sensitive
    materials in commerce to, for each calendar year, provide a written
    analysis of the safety and security risks for the transportation routes
    identified in the security-sensitive materials commodity data collected
    as required by subsection (b). The safety and security risks present
    shall be analyzed for the route, railroad facilities, railroad storage
    facilities, and high-consequence targets along or in proximity to the
    route.
        (d) Alternative Route Analysis for Security-Sensitive Materials.--
    The Secretary of Transportation shall ensure that the final rule
    requires each railroad carrier transporting security-sensitive
    materials in commerce to--
            (1) for each calendar year--
                (A) identify practicable alternative routes over which the
            railroad carrier has authority to operate as compared to the
            current route for such a shipment analyzed under subsection
            (c); and
                (B) perform a safety and security risk assessment of the
            alternative route for comparison to the route analysis
            specified in subsection (c);
            (2) ensure that the analysis under paragraph (1) includes--
                (A) identification of safety and security risks for an
            alternative route;
                (B) comparison of those risks identified under subparagraph
            (A) to the primary railroad transportation route, including the
            risk of a catastrophic release from a shipment traveling along
            the alternate route compared to the primary route;
                (C) any remediation or mitigation measures implemented on
            the primary or alternative route; and
                (D) potential economic effects of using an alternative
            route; and
            (3) consider when determining the practicable alternative
        routes under paragraph (1)(A) the use of interchange agreements
        with other railroad carriers.
        (e) Alternative Route Selection for Security-Sensitive Materials.--
    The Secretary of Transportation shall ensure that the final rule
    requires each railroad carrier transporting security-sensitive
    materials in commerce to use the analysis required by subsections (c)
    and (d) to select the safest and most secure route to be used in
    transporting security-sensitive materials.
        (f) Review.--The Secretary of Transportation shall ensure that the
    final rule requires each railroad carrier transporting security-
    sensitive materials in commerce to annually review and select the
    practicable route posing the least overall safety and security risk in
    accordance with this section. The railroad carrier must retain in
    writing all route review and selection decision documentation and
    restrict the distribution, disclosure, and availability of information
    contained in the route analysis to appropriate persons. This
    documentation should include, but is not limited to, comparative
    analyses, charts, graphics, or railroad system maps.
        (g) Retrospective Analysis.--The Secretary of Transportation shall
    ensure that the final rule requires each railroad carrier transporting
    security-sensitive materials in commerce to, not less than once every 3
    years, analyze the route selection determinations required under this
    section. Such an analysis shall include a comprehensive, systemwide
    review of all operational changes, infrastructure modifications,
    traffic adjustments, changes in the nature of high-consequence targets
    located along or in proximity to the route, or other changes affecting
    the safety and security of the movements of security-sensitive
    materials that were implemented since the previous analysis was
    completed.
        (h) Consultation.--In carrying out subsection (c), railroad
    carriers transporting security-sensitive materials in commerce shall
    seek relevant information from State, local, and tribal officials, as
    appropriate, regarding security risks to high-consequence targets along
    or in proximity to a route used by a railroad carrier to transport
    security-sensitive materials.
        (i) Definitions.--In this section:
            (1) The term ``route'' includes storage facilities and trackage
        used by railroad cars in transportation in commerce.
            (2) The term ``high-consequence target'' means a property,
        natural resource, location, area, or other target designated by the
        Secretary that is a viable terrorist target of national
        significance, which may include a facility or specific critical
        infrastructure, the attack of which by railroad could result in--
                (A) catastrophic loss of life;
                (B) significant damage to national security or defense
            capabilities; or
                (C) national economic harm.
    SEC. 1552. RAILROAD SECURITY-SENSITIVE MATERIAL TRACKING.
        (a) Communications.--
            (1) In general.--In conjunction with the research and
        development program established under section 1518 and consistent
        with the results of research relating to wireless and other
        tracking technologies, the Secretary, in consultation with the
        Administrator of the Transportation Security Administration, shall
        develop a program that will encourage the equipping of railroad
        cars transporting security-sensitive materials, as defined in
        section 1501, with technology that provides--
                (A) car position location and tracking capabilities; and
                (B) notification of railroad car depressurization, breach,
            unsafe temperature, or release of hazardous materials, as
            appropriate.
            (2) Coordination.--In developing the program required by
        paragraph (1), the Secretary shall--
                (A) consult with the Secretary of Transportation to
            coordinate the program with any ongoing or planned efforts for
            railroad car tracking at the Department of Transportation; and
                (B) ensure that the program is consistent with
            recommendations and findings of the Department of Homeland
            Security's hazardous material railroad tank car tracking pilot
            programs.
        (b) Funding.--From the amounts appropriated pursuant to 114(w) of
    title 49, United States Code, as amended by section 1503 of this title,
    there shall be made available to the Secretary to carry out this
    section--
            (1) $3,000,000 for fiscal year 2008;
            (2) $3,000,000 for fiscal year 2009; and
            (3) $3,000,000 for fiscal year 2010.
    SEC. 1553. HAZARDOUS MATERIALS HIGHWAY ROUTING.
        (a) Route Plan Guidance.--Not later than 1 year after the date of
    enactment of this Act, the Secretary of Transportation, in consultation
    with the Secretary, shall--
            (1) document existing and proposed routes for the
        transportation of radioactive and nonradioactive hazardous
        materials by motor carrier, and develop a framework for using a
        geographic information system-based approach to characterize routes
        in the national hazardous materials route registry;
            (2) assess and characterize existing and proposed routes for
        the transportation of radioactive and nonradioactive hazardous
        materials by motor carrier for the purpose of identifying
        measurable criteria for selecting routes based on safety and
        security concerns;
            (3) analyze current route-related hazardous materials
        regulations in the United States, Canada, and Mexico to identify
        cross-border differences and conflicting regulations;
            (4) document the safety and security concerns of the public,
        motor carriers, and State, local, territorial, and tribal
        governments about the highway routing of hazardous materials;
            (5) prepare guidance materials for State officials to assist
        them in identifying and reducing both safety concerns and security
        risks when designating highway routes for hazardous materials
        consistent with the 13 safety-based nonradioactive materials
        routing criteria and radioactive materials routing criteria in
        subpart C part 397 of title 49, Code of Federal Regulations;
            (6) develop a tool that will enable State officials to examine
        potential routes for the highway transportation of hazardous
        materials, assess specific security risks associated with each
        route, and explore alternative mitigation measures; and
            (7) transmit to the appropriate congressional committees a
        report on the actions taken to fulfill paragraphs (1) through (6)
        and any recommended changes to the routing requirements for the
        highway transportation of hazardous materials in part 397 of title
        49, Code of Federal Regulations.
        (b) Route Plans.--
            (1) Assessment.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of Transportation shall
        complete an assessment of the safety and national security benefits
        achieved under existing requirements for route plans, in written or
        electronic format, for explosives and radioactive materials. The
        assessment shall, at a minimum--
                (A) compare the percentage of Department of Transportation
            recordable incidents and the severity of such incidents for
            shipments of explosives and radioactive materials for which
            such route plans are required with the percentage of recordable
            incidents and the severity of such incidents for shipments of
            explosives and radioactive materials not subject to such route
            plans; and
                (B) quantify the security and safety benefits, feasibility,
            and costs of requiring each motor carrier that is required to
            have a hazardous material safety permit under part 385 of title
            49, Code of Federal Regulations, to maintain, follow, and carry
            such a route plan that meets the requirements of section
            397.101 of that title when transporting the type and quantity
            of hazardous materials described in section 385.403, taking
            into account the various segments of the motor carrier
            industry, including tank truck, truckload and less than
            truckload carriers.
            (2) Report.--Not later than 1 year after the date of enactment
        of this Act, the Secretary of Transportation shall submit a report
        to the appropriate congressional committees containing the findings
        and conclusions of the assessment.
        (c) Requirement.--The Secretary shall require motor carriers that
    have a hazardous material safety permit under part 385 of title 49,
    Code of Federal Regulations, to maintain, follow, and carry a route
    plan, in written or electronic format, that meets the requirements of
    section 397.101 of that title when transporting the type and quantity
    of hazardous materials described in section 385.403 if the Secretary
    determines, under the assessment required in subsection (b), that such
    a requirement would enhance security and safety without imposing
    unreasonable costs or burdens upon motor carriers.
    SEC. 1554. MOTOR CARRIER SECURITY-SENSITIVE MATERIAL TRACKING.
        (a) Communications.--
            (1) In general.--Not later than 6 months after the date of
        enactment of this Act, consistent with the findings of the
        Transportation Security Administration's hazardous materials truck
        security pilot program, the Secretary, through the Administrator of
        the Transportation Security Administration and in consultation with
        the Secretary of Transportation, shall develop a program to
        facilitate the tracking of motor carrier shipments of security-
        sensitive materials and to equip vehicles used in such shipments
        with technology that provides--
                (A) frequent or continuous communications;
                (B) vehicle position location and tracking capabilities;
            and
                (C) a feature that allows a driver of such vehicles to
            broadcast an emergency distress signal.
            (2) Considerations.--In developing the program required by
        paragraph (1), the Secretary shall--
                (A) consult with the Secretary of Transportation to
            coordinate the program with any ongoing or planned efforts for
            motor carrier or security-sensitive materials tracking at the
            Department of Transportation;
                (B) take into consideration the recommendations and
            findings of the report on the hazardous material safety and
            security operational field test released by the Federal Motor
            Carrier Safety Administration on November 11, 2004; and
                (C) evaluate--
                    (i) any new information related to the costs and
                benefits of deploying, equipping, and utilizing tracking
                technology, including portable tracking technology, for
                motor carriers transporting security-sensitive materials
                not included in the hazardous material safety and security
                operational field test report released by the Federal Motor
                Carrier Safety Administration on November 11, 2004;
                    (ii) the ability of tracking technology to resist
                tampering and disabling;
                    (iii) the capability of tracking technology to collect,
                display, and store information regarding the movement of
                shipments of security-sensitive materials by commercial
                motor vehicles;
                    (iv) the appropriate range of contact intervals between
                the tracking technology and a commercial motor vehicle
                transporting security-sensitive materials;
                    (v) technology that allows the installation by a motor
                carrier of concealed electronic devices on commercial motor
                vehicles that can be activated by law enforcement
                authorities to disable the vehicle or alert emergency
                response resources to locate and recover security-sensitive
                materials in the event of loss or theft of such materials;
                    (vi) whether installation of the technology described
                in clause (v) should be incorporated into the program under
                paragraph (1);
                    (vii) the costs, benefits, and practicality of such
                technology described in clause (v) in the context of the
                overall benefit to national security, including commerce in
                transportation; and
                    (viii) other systems and information the Secretary
                determines appropriate.
        (b) Funding.--From the amounts appropriated pursuant to section
    114(w) of title 49, United States Code, as amended by section 1503 of
    this Act, there shall be made available to the Secretary to carry out
    this section--
            (1) $7,000,000 for fiscal year 2008 of which $3,000,000 may be
        used for equipment;
            (2) $7,000,000 for fiscal year 2009 of which $3,000,000 may be
        used for equipment; and
            (3) $7,000,000 for fiscal year 2010 of which $3,000,000 may be
        used for equipment.
        (c) Report.--Not later than 1 year after the issuance of
    regulations under subsection (a), the Secretary shall issue a report to
    the appropriate congressional committees on the program developed and
    evaluation carried out under this section.
        (d) Limitation.--The Secretary may not mandate the installation or
    utilization of a technology described under this section without
    additional congressional authority provided after the date of enactment
    of this Act.
    SEC. 1555. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND STUDY.
        (a) In General.--The Secretary of Transportation shall consult with
    the Secretary to limit, to the extent practicable, duplicative reviews
    of the hazardous materials security plans required under part 172,
    title 49, Code of Federal Regulations.
        (b) Transportation Costs Study.--Within 1 year after the date of
    enactment of this Act, the Secretary of Transportation, in conjunction
    with the Secretary, shall study to what extent the insurance, security,
    and safety costs borne by railroad carriers, motor carriers, pipeline
    carriers, air carriers, and maritime carriers associated with the
    transportation of hazardous materials are reflected in the rates paid
    by offerors of such commodities as compared to the costs and rates,
    respectively, for the transportation of nonhazardous materials.
    SEC. 1556. TECHNICAL CORRECTIONS.
        (a) Correction.--Section 5103a of title 49, United States Code, is
    amended--
            (1) in subsection (a)(1) by striking ``Secretary'' and
        inserting ``Secretary of Homeland Security'';
            (2) in subsection (b) by striking ``Secretary'' each place it
        appears and inserting ``Secretary of Transportation'';
            (3) in subsection (d)(1)(B) by striking ``Secretary'' and
        inserting ``Secretary of Homeland Security''; and
            (4) in subsection (e) by striking ``Secretary'' and inserting
        ``Secretary of Homeland Security'' each place it appears.
        (b) Relationship to Transportation Security Cards.--
            (1) Background check.--An individual who has a valid
        transportation employee identification card issued by the Secretary
        under section 70105 of title 46, United States Code, shall be
        deemed to have met the background records check required under
        section 5103a of title 49, United States Code.
            (2) State review.--Nothing in this subsection prevents or
        preempts a State from conducting a criminal records check of an
        individual that has applied for a license to operate a motor
        vehicle transporting in commerce a hazardous material.
    SEC. 1557. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.
        (a) In General.--Not later than 9 months after the date of
    enactment of this Act, consistent with the Annex to the Memorandum of
    Understanding executed on August 9, 2006, between the Department of
    Transportation and the Department, the Secretary, in consultation with
    the Secretary of Transportation, shall establish a program for
    reviewing pipeline operator adoption of recommendations of the
    September 5, 2002, Department of Transportation Research and Special
    Programs Administration's Pipeline Security Information Circular,
    including the review of pipeline security plans and critical facility
    inspections.
        (b) Review and Inspection.--Not later than 12 months after the date
    of enactment of this Act, the Secretary and the Secretary of
    Transportation shall develop and implement a plan for reviewing the
    pipeline security plans and an inspection of the critical facilities of
    the 100 most critical pipeline operators covered by the September 5,
    2002, circular, where such facilities have not been inspected for
    security purposes since September 5, 2002, by either the Department or
    the Department of Transportation.
        (c) Compliance Review Methodology.--In reviewing pipeline operator
    compliance under subsections (a) and (b), risk assessment methodologies
    shall be used to prioritize risks and to target inspection and
    enforcement actions to the highest risk pipeline assets.
        (d) Regulations.--Not later than 18 months after the date of
    enactment of this Act, the Secretary and the Secretary of
    Transportation shall develop and transmit to pipeline operators
    security recommendations for natural gas and hazardous liquid pipelines
    and pipeline facilities. If the Secretary determines that regulations
    are appropriate, the Secretary shall consult with the Secretary of
    Transportation on the extent of risk and appropriate mitigation
    measures, and the Secretary or the Secretary of Transportation,
    consistent with the Annex to the Memorandum of Understanding executed
    on August 9, 2006, shall promulgate such regulations and carry out
    necessary inspection and enforcement actions. Any regulations shall
    incorporate the guidance provided to pipeline operators by the
    September 5, 2002, Department of Transportation Research and Special
    Programs Administration's Pipeline Security Information Circular and
    contain additional requirements as necessary based upon the results of
    the inspections performed under subsection (b). The regulations shall
    include the imposition of civil penalties for noncompliance.
        (e) Funding.--From the amounts appropriated pursuant to section
    114(w) of title 49, United States Code, as amended by section 1503 of
    this Act, there shall be made available to the Secretary to carry out
    this section--
            (1) $2,000,000 for fiscal year 2008;
            (2) $2,000,000 for fiscal year 2009; and
            (3) $2,000,000 for fiscal year 2010.
    SEC. 1558. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.
        (a) In General.--The Secretary, in consultation with the Secretary
    of Transportation and the Administrator of the Pipeline and Hazardous
    Materials Safety Administration, and in accordance with the Annex to
    the Memorandum of Understanding executed on August 9, 2006, the
    National Strategy for Transportation Security, and Homeland Security
    Presidential Directive-7, shall develop a pipeline security and
    incident recovery protocols plan. The plan shall include--
            (1) for the Government to provide increased security support to
        the most critical interstate and intrastate natural gas and
        hazardous liquid transmission pipeline infrastructure and
        operations as determined under section 1557 when--
                (A) under severe security threat levels of alert; or
                (B) under specific security threat information relating to
            such pipeline infrastructure or operations exists; and
            (2) an incident recovery protocol plan, developed in
        conjunction with interstate and intrastate transmission and
        distribution pipeline operators and terminals and facilities
        operators connected to pipelines, to develop protocols to ensure
        the continued transportation of natural gas and hazardous liquids
        to essential markets and for essential public health or national
        defense uses in the event of an incident affecting the interstate
        and intrastate natural gas and hazardous liquid transmission and
        distribution pipeline system, which shall include protocols for
        restoring essential services supporting pipelines and granting
        access to pipeline operators for pipeline infrastructure repair,
        replacement, or bypass following an incident.
        (b) Existing Private and Public Sector Efforts.--The plan shall
    take into account actions taken or planned by both private and public
    entities to address identified pipeline security issues and assess the
    effective integration of such actions.
        (c) Consultation.--In developing the plan under subsection (a), the
    Secretary shall consult with the Secretary of Transportation,
    interstate and intrastate transmission and distribution pipeline
    operators, nonprofit employee organizations representing pipeline
    employees, emergency responders, offerors, State pipeline safety
    agencies, public safety officials, and other relevant parties.
        (d) Report.--
            (1) Contents.--Not later than 2 years after the date of
        enactment of this Act, the Secretary shall transmit to the
        appropriate congressional committees a report containing the plan
        required by subsection (a), including an estimate of the private
        and public sector costs to implement any recommendations.
            (2) Format.--The Secretary may submit the report in both
        classified and redacted formats if the Secretary determines that
        such action is appropriate or necessary.

                              TITLE XVI--AVIATION

    SEC. 1601. AIRPORT CHECKPOINT SCREENING FUND.
        Section 44940 of title 49, United States Code, is amended--
            (1) in subsection (d)(4) by inserting ``, other than subsection
        (i),'' before ``except to''; and
            (2) by adding at the end the following:
        ``(i) Checkpoint Screening Security Fund.--
            ``(1) Establishment.--There is established in the Department of
        Homeland Security a fund to be known as the `Checkpoint Screening
        Security Fund'.
            ``(2) Deposits.--In fiscal year 2008, after amounts are made
        available under section 44923(h), the next $250,000,000 derived
        from fees received under subsection (a)(1) shall be available to be
        deposited in the Fund.
            ``(3) Fees.--The Secretary of Homeland Security shall impose
        the fee authorized by subsection (a)(1) so as to collect at least
        $250,000,000 in fiscal year 2008 for deposit into the Fund.
            ``(4) Availability of amounts.--Amounts in the Fund shall be
        available until expended by the Administrator of the Transportation
        Security Administration for the purchase, deployment, installation,
        research, and development of equipment to improve the ability of
        security screening personnel at screening checkpoints to detect
        explosives.''.
    SEC. 1602. SCREENING OF CARGO CARRIED ABOARD PASSENGER AIRCRAFT.
        (a) In General.--Section 44901 of title 49, United States Code, is
    amended--
            (1) by redesignating subsections (g) and (h) as subsections (h)
        and (i), respectively; and
            (2) by inserting after subsection (f) the following:
        ``(g) Air Cargo on Passenger Aircraft.--
            ``(1) In general.--Not later than 3 years after the date of
        enactment of the Implementing Recommendations of the 9/11
        Commission Act of 2007, the Secretary of Homeland Security shall
        establish a system to screen 100 percent of cargo transported on
        passenger aircraft operated by an air carrier or foreign air
        carrier in air transportation or intrastate air transportation to
        ensure the security of all such passenger aircraft carrying cargo.
            ``(2) Minimum standards.--The system referred to in paragraph
        (1) shall require, at a minimum, that equipment, technology,
        procedures, personnel, or other methods approved by the
        Administrator of the Transportation Security Administration, are
        used to screen cargo carried on passenger aircraft described in
        paragraph (1) to provide a level of security commensurate with the
        level of security for the screening of passenger checked baggage as
        follows:
                ``(A) 50 percent of such cargo is so screened not later
            than 18 months after the date of enactment of the Implementing
            Recommendations of the 9/11 Commission Act of 2007.
                ``(B) 100 percent of such cargo is so screened not later
            than 3 years after such date of enactment.
            ``(3) Regulations.--
                ``(A) Interim final rule.--The Secretary of Homeland
            Security may issue an interim final rule as a temporary
            regulation to implement this subsection without regard to the
            provisions of chapter 5 of title 5.
                ``(B) Final rule.--
                    ``(i) In general.--If the Secretary issues an interim
                final rule under subparagraph (A), the Secretary shall
                issue, not later than one year after the effective date of
                the interim final rule, a final rule as a permanent
                regulation to implement this subsection in accordance with
                the provisions of chapter 5 of title 5.
                    ``(ii) Failure to act.--If the Secretary does not issue
                a final rule in accordance with clause (i) on or before the
                last day of the one-year period referred to in clause (i),
                the Secretary shall submit to the Committee on Homeland
                Security of the House of Representatives, Committee on
                Commerce, Science, and Transportation of the Senate, and
                the Committee on Homeland Security and Governmental Affairs
                of the Senate a report explaining why the final rule was
                not timely issued and providing an estimate of the earliest
                date on which the final rule will be issued. The Secretary
                shall submit the first such report within 10 days after
                such last day and submit a report to the Committees
                containing updated information every 30 days thereafter
                until the final rule is issued.
                    ``(iii) Superceding of interim final rule.--The final
                rule issued in accordance with this subparagraph shall
                supersede the interim final rule issued under subparagraph
                (A).
            ``(4) Report.--Not later than 1 year after the date of
        establishment of the system under paragraph (1), the Secretary
        shall submit to the Committees referred to in paragraph (3)(B)(ii)
        a report that describes the system.
            ``(5) Screening defined.--In this subsection the term
        `screening' means a physical examination or non-intrusive methods
        of assessing whether cargo poses a threat to transportation
        security. Methods of screening include x-ray systems, explosives
        detection systems, explosives trace detection, explosives detection
        canine teams certified by the Transportation Security
        Administration, or a physical search together with manifest
        verification. The Administrator may approve additional methods to
        ensure that the cargo does not pose a threat to transportation
        security and to assist in meeting the requirements of this
        subsection. Such additional cargo screening methods shall not
        include solely performing a review of information about the
        contents of cargo or verifying the identity of a shipper of the
        cargo that is not performed in conjunction with other security
        methods authorized under this subsection, including whether a known
        shipper is registered in the known shipper database. Such
        additional cargo screening methods may include a program to certify
        the security methods used by shippers pursuant to paragraphs (1)
        and (2) and alternative screening methods pursuant to exemptions
        referred to in subsection (b) of section 1602 of the Implementing
        Recommendations of the 9/11 Commission Act of 2007.''.
        (b) Assessment of Exemptions.--
            (1) TSA assessment.--
                (A) In general.--Not later than 120 days after the date of
            enactment of this Act, the Secretary of Homeland Security shall
            submit to the appropriate committees of Congress and to the
            Comptroller General a report containing an assessment of each
            exemption granted under section 44901(i)(1) of title 49, United
            States Code, for the screening required by such section for
            cargo transported on passenger aircraft and an analysis to
            assess the risk of maintaining such exemption.
                (B) Contents.--The report under subparagraph (A) shall
            include--
                    (i) the rationale for each exemption;
                    (ii) what percentage of cargo is not screened in
                accordance with section 44901(g) of title 49, United States
                Code;
                    (iii) the impact of each exemption on aviation
                security;
                    (iv) the projected impact on the flow of commerce of
                eliminating each exemption, respectively, should the
                Secretary choose to take such action; and
                    (v) plans and rationale for maintaining, changing, or
                eliminating each exemption.
                (C) Format.--The Secretary may submit the report under
            subparagraph (A) in both classified and redacted formats if the
            Secretary determines that such action is appropriate or
            necessary.
            (2) GAO assessment.--Not later than 120 days after the date on
        which the report under paragraph (1) is submitted, the Comptroller
        General shall review the report and submit to the Committee on
        Homeland Security of the House of Representatives, the Committee on
        Commerce, Science, and Transportation of the Senate, and the
        Committee on Homeland Security and Governmental Affairs of the
        Senate an assessment of the methodology of determinations made by
        the Secretary for maintaining, changing, or eliminating an
        exemption under section 44901(i)(1) of title 49, United States
        Code.
    SEC. 1603. IN-LINE BAGGAGE SCREENING.
        (a) Extension of Authorization.--Section 44923(i)(1) of title 49,
    United States Code, is amended by striking ``2007.'' and inserting
    ``2007, and $450,000,000 for each of fiscal years 2008 through 2011''.
        (b) Submission of Cost-Sharing Study and Plan.--Not later than 60
    days after the date of enactment of this Act, the Secretary for
    Homeland Security shall submit to the appropriate congressional
    committees the cost sharing study described in section 4019(d) of the
    Intelligence Reform and Terrorism Prevention Act of 2004 (118 Stat.
    3722), together with the Secretary's analysis of the study, a list of
    provisions of the study the Secretary intends to implement, and a plan
    and schedule for implementation of such listed provisions.
    SEC. 1604. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.
        (a) In General.--Section 44923 of title 49, United States Code, is
    amended--
            (1) in subsection (a) by striking ``may make'' and inserting
        ``shall make'';
            (2) in subsection (d)(1) by striking ``may'' and inserting
        ``shall'';
            (3) in subsection (h)(1) by striking ``2007'' and inserting
        ``2028'';
            (4) in subsection (h) by striking paragraphs (2) and (3) and
        inserting the following:
            ``(2) Allocation.--Of the amount made available under paragraph
        (1) for a fiscal year, not less than $200,000,000 shall be
        allocated to fulfill letters of intent issued under subsection (d).
            ``(3) Discretionary grants.--Of the amount made available under
        paragraph (1) for a fiscal year, up to $50,000,000 shall be used to
        make discretionary grants, including other transaction agreements
        for airport security improvement projects, with priority given to
        small hub airports and nonhub airports.'';
            (5) by redesignating subsection (i) as subsection (j); and
            (6) by inserting after subsection (h) the following:
        ``(i) Leveraged Funding.--For purposes of this section, a grant
    under subsection (a) to an airport sponsor to service an obligation
    issued by or on behalf of that sponsor to fund a project described in
    subsection (a) shall be considered to be a grant for that project.''.
        (b) Prioritization of Projects.--
            (1) In general.--The Administrator of the Transportation
        Security Administration shall establish a prioritization schedule
        for airport security improvement projects described in section
        44923 of title 49, United States Code, based on risk and other
        relevant factors, to be funded under that section. The schedule
        shall include both hub airports referred to in paragraphs (29),
        (31), and (42) of section 40102 of such title and nonhub airports
        (as defined in section 47102(13) of such title).
            (2) Airports that have incurred eligible costs.--The schedule
        shall include airports that have incurred eligible costs associated
        with development of partial or completed in-line baggage systems
        before the date of enactment of this Act in reasonable anticipation
        of receiving a grant under section 44923 of title 49, United States
        Code, in reimbursement of those costs but that have not received
        such a grant.
            (3) Report.--Not later than 180 days after the date of
        enactment of this Act, the Administrator shall provide a copy of
        the prioritization schedule, a corresponding timeline, and a
        description of the funding allocation under section 44923 of title
        49, United States Code, to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Homeland Security
        of the House of Representatives.
    SEC. 1605. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER
    PRESCREENING SYSTEM.
        (a) In General.--Not later than 120 days after the date of
    enactment of this Act, the Secretary of Homeland Security, in
    consultation with the Administrator of the Transportation Security
    Administration, shall submit to the Committee on Homeland Security of
    the House of Representatives, the Committee on Commerce, Science, and
    Transportation of the Senate, and the Committee on Homeland Security
    and Governmental Affairs of the Senate a plan that--
            (1) describes the system to be utilized by the Department of
        Homeland Security to assume the performance of comparing passenger
        information, as defined by the Administrator, to the automatic
        selectee and no-fly lists, utilizing appropriate records in the
        consolidated and integrated terrorist watchlist maintained by the
        Federal Government;
            (2) provides a projected timeline for each phase of testing and
        implementation of the system;
            (3) explains how the system will be integrated with the
        prescreening system for passengers on international flights; and
            (4) describes how the system complies with section 552a of
        title 5, United States Code.
        (b) GAO Assessment.--Not later than 180 days after the date of
    enactment of this Act, the Comptroller General shall submit a report to
    the Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Homeland Security of the House of Representatives
    that--
            (1) describes the progress made by the Transportation Security
        Administration in implementing the secure flight passenger pre-
        screening program;
            (2) describes the effectiveness of the current appeals process
        for passengers wrongly assigned to the no-fly and terrorist watch
        lists;
            (3) describes the Transportation Security Administration's plan
        to protect private passenger information and progress made in
        integrating the system with the pre-screening program for
        international flights operated by United States Customs and Border
        Protection;
            (4) provides a realistic determination of when the system will
        be completed; and
            (5) includes any other relevant observations or recommendations
        the Comptroller General deems appropriate.
    SEC. 1606. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR
    PROHIBITED FROM BOARDING A FLIGHT.
        (a) In General.--Subchapter I of chapter 449 of title 49, United
    States Code is amended by adding at the end the following:
    ``Sec. 44926. Appeal and redress process for passengers wrongly delayed
         or prohibited from boarding a flight
        ``(a) In General.--The Secretary of Homeland Security shall
    establish a timely and fair process for individuals who believe they
    have been delayed or prohibited from boarding a commercial aircraft
    because they were wrongly identified as a threat under the regimes
    utilized by the Transportation Security Administration, United States
    Customs and Border Protection, or any other office or component of the
    Department of Homeland Security.
        ``(b) Office of Appeals and Redress.--
            ``(1) Establishment.--The Secretary shall establish in the
        Department an Office of Appeals and Redress to implement,
        coordinate, and execute the process established by the Secretary
        pursuant to subsection (a). The Office shall include
        representatives from the Transportation Security Administration,
        United States Customs and Border Protection, and such other offices
        and components of the Department as the Secretary determines
        appropriate.
            ``(2) Records.--The process established by the Secretary
        pursuant to subsection (a) shall include the establishment of a
        method by which the Office, under the direction of the Secretary,
        will be able to maintain a record of air carrier passengers and
        other individuals who have been misidentified and have corrected
        erroneous information.
            ``(3) Information.--To prevent repeated delays of an
        misidentified passenger or other individual, the Office shall--
                ``(A) ensure that the records maintained under this
            subsection contain information determined by the Secretary to
            authenticate the identity of such a passenger or individual;
                ``(B) furnish to the Transportation Security
            Administration, United States Customs and Border Protection, or
            any other appropriate office or component of the Department,
            upon request, such information as may be necessary to allow
            such office or component to assist air carriers in improving
            their administration of the advanced passenger prescreening
            system and reduce the number of false positives; and
                ``(C) require air carriers and foreign air carriers take
            action to identify passengers determined, under the process
            established under subsection (a), to have been wrongly
            identified.
            ``(4) Handling of personally identifiable information.--The
        Secretary, in conjunction with the Chief Privacy Officer of the
        Department shall--
                ``(A) require that Federal employees of the Department
            handling personally identifiable information of passengers (in
            this paragraph referred to as `PII') complete mandatory privacy
            and security training prior to being authorized to handle PII;
                ``(B) ensure that the records maintained under this
            subsection are secured by encryption, one-way hashing, other
            data anonymization techniques, or such other equivalent
            security technical protections as the Secretary determines
            necessary;
                ``(C) limit the information collected from misidentified
            passengers or other individuals to the minimum amount necessary
            to resolve a redress request;
                ``(D) require that the data generated under this subsection
            shall be shared or transferred via a secure data network, that
            has been audited to ensure that the anti-hacking and other
            security related software functions properly and is updated as
            necessary;
                ``(E) ensure that any employee of the Department receiving
            the data contained within the records handles the information
            in accordance with the section 552a of title 5, United States
            Code, and the Federal Information Security Management Act of
            2002 (Public Law 107-296);
                ``(F) only retain the data for as long as needed to assist
            the individual traveler in the redress process; and
                ``(G) conduct and publish a privacy impact assessment of
            the process described within this subsection and transmit the
            assessment to the Committee on Homeland Security of the House
            of Representatives, the Committee on Commerce, Science, and
            Transportation of the Senate, and Committee on Homeland
            Security and Governmental Affairs of the Senate.
            ``(5) Initiation of redress process at airports.--The Office
        shall establish at each airport at which the Department has a
        significant presence a process to provide information to air
        carrier passengers to begin the redress process established
        pursuant to subsection (a).''.
        (b) Clerical Amendment.--The analysis for such chapter is amended
    by inserting after the item relating to section 44925 the following:

    ``44926. Appeal and redress process for passengers wrongly delayed or
              prohibited from boarding a flight.''.
    SEC. 1607. STRENGTHENING EXPLOSIVES DETECTION AT PASSENGER SCREENING
    CHECKPOINTS.
        (a) In General.--Not later than 30 days after the date of enactment
    of this Act, the Secretary of Homeland Security, in consultation with
    the Administrator of the Transportation Security Administration, shall
    issue the strategic plan the Secretary was required by section 44925(b)
    of title 49, United States Code, to have issued within 90 days after
    the date of enactment of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458).
        (b) Deployment.--Section 44925(b) of title 49, United States Code,
    is amended by adding at the end the following:
            ``(3) Implementation.--The Secretary shall begin implementation
        of the strategic plan within one year after the date of enactment
        of this paragraph.''.
    SEC. 1608. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY
    TECHNOLOGY.
        Section 137(a) of the Aviation and Transportation Security Act (49
    U.S.C. 44912 note; 115 Stat. 637) is amended--
            (1) by striking ``2002 through 2006'' and inserting ``2006
        through 2011'';
            (2) by striking ``aviation'' and inserting ``transportation'';
        and
            (3) by striking ``2002 and 2003'' and inserting ``2006 through
        2011''.
    SEC. 1609. BLAST-RESISTANT CARGO CONTAINERS.
        Section 44901 of title 49, United States Code, as amended by
    section 1602, is further amended by adding at the end the following:
        ``(j) Blast-Resistant Cargo Containers.--
            ``(1) In general.--Before January 1, 2008, the Administrator of
        the Transportation Security Administration shall--
                ``(A) evaluate the results of the blast-resistant cargo
            container pilot program that was initiated before the date of
            enactment of this subsection; and
                ``(B) prepare and distribute through the Aviation Security
            Advisory Committee to the appropriate Committees of Congress
            and air carriers a report on that evaluation which may contain
            nonclassified and classified sections.
            ``(2) Acquisition, maintenance, and replacement.--Upon
        completion and consistent with the results of the evaluation that
        paragraph (1)(A) requires, the Administrator shall--
                ``(A) develop and implement a program, as the Administrator
            determines appropriate, to acquire, maintain, and replace
            blast-resistant cargo containers;
                ``(B) pay for the program; and
                ``(C) make available blast-resistant cargo containers to
            air carriers pursuant to paragraph (3).
            ``(3) Distribution to air carriers.--The Administrator shall
        make available, beginning not later than July 1, 2008, blast-
        resistant cargo containers to air carriers for use on a risk
        managed basis as determined by the Administrator.''.
    SEC. 1610. PROTECTION OF PASSENGER PLANES FROM EXPLOSIVES.
        (a) Technology Research and Pilot Projects.--
            (1) Research and development.--The Secretary of Homeland
        Security, in consultation with the Administrator of the
        Transportation Security Administration, shall expedite research and
        development programs for technologies that can disrupt or prevent
        an explosive device from being introduced onto a passenger plane or
        from damaging a passenger plane while in flight or on the ground.
        The research shall be used in support of implementation of section
        44901 of title 49, United States Code.
            (2) Pilot projects.--The Secretary, in conjunction with the
        Secretary of Transportation, shall establish a grant program to
        fund pilot projects--
                (A) to deploy technologies described in paragraph (1); and
                (B) to test technologies to expedite the recovery,
            development, and analysis of information from aircraft
            accidents to determine the cause of the accident, including
            deployable flight deck and voice recorders and remote location
            recording devices.
        (b) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary of Homeland Security for fiscal year 2008
    such sums as may be necessary to carry out this section. Such sums
    shall remain available until expended.
    SEC. 1611. SPECIALIZED TRAINING.
        The Administrator of the Transportation Security Administration
    shall provide advanced training to transportation security officers for
    the development of specialized security skills, including behavior
    observation and analysis, explosives detection, and document
    examination, in order to enhance the effectiveness of layered
    transportation security measures.
    SEC. 1612. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.
        (a) In General.--Notwithstanding any provision of law, any
    statutory limitation on the number of employees in the Transportation
    Security Administration, before or after its transfer to the Department
    of Homeland Security from the Department of Transportation, does not
    apply after fiscal year 2007.
        (b) Aviation Security.--Notwithstanding any provision of law
    imposing a limitation on the recruiting or hiring of personnel into the
    Transportation Security Administration to a maximum number of permanent
    positions, the Secretary of Homeland Security shall recruit and hire
    such personnel into the Administration as may be necessary--
            (1) to provide appropriate levels of aviation security; and
            (2) to accomplish that goal in such a manner that the average
        aviation security-related delay experienced by airline passengers
        is reduced to a level of less than 10 minutes.
    SEC. 1613. PILOT PROJECT TO TEST DIFFERENT TECHNOLOGIES AT AIRPORT EXIT
    LANES.
        (a) In General.--The Administrator of the Transportation Security
    Administration shall conduct a pilot program at not more than 2
    airports to identify technologies to improve security at airport exit
    lanes.
        (b) Program Components.--In conducting the pilot program under this
    section, the Administrator shall--
            (1) utilize different technologies that protect the integrity
        of the airport exit lanes from unauthorized entry;
            (2) work with airport officials to deploy such technologies in
        multiple configurations at a selected airport or airports at which
        some of the exits are not colocated with a screening checkpoint;
        and
            (3) ensure the level of security is at or above the level of
        existing security at the airport or airports where the pilot
        program is conducted.
        (c) Reports.--
            (1) Initial briefing.--Not later than 180 days after the date
        of enactment of this Act, the Administrator shall conduct a
        briefing to the congressional committees set forth in paragraph (3)
        that describes--
                (A) the airport or airports selected to participate in the
            pilot program;
                (B) the technologies to be tested;
                (C) the potential savings from implementing the
            technologies at selected airport exits;
                (D) the types of configurations expected to be deployed at
            such airports; and
                (E) the expected financial contribution from each airport.
            (2) Final report.--Not later than 18 months after the
        technologies are deployed at the airports participating in the
        pilot program, the Administrator shall submit a final report to the
        congressional committees set forth in paragraph (3) that
        describes--
                (A) the changes in security procedures and technologies
            deployed;
                (B) the estimated cost savings at the airport or airports
            that participated in the pilot program; and
                (C) the efficacy and staffing benefits of the pilot program
            and its applicability to other airports in the United States.
            (3) Congressional committees.--The reports required under this
        subsection shall be submitted to--
                (A) the Committee on Commerce, Science, and Transportation
            of the Senate;
                (B) the Committee on Appropriations of the Senate;
                (C) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                (D) the Committee on Homeland Security of the House of
            Representatives; and
                (E) the Committee on Appropriations of the House of
            Representatives.
        (d) Use of Existing Funds.--This section shall be executed using
    existing funds.
    SEC. 1614. SECURITY CREDENTIALS FOR AIRLINE CREWS.
        (a) Report.--Not later than 180 days after the date of enactment of
    this Act, the Administrator of the Transportation Security
    Administration, after consultation with airline, airport, and flight
    crew representatives, shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate, the Committee on Homeland
    Security and Governmental Affairs of the Senate, the Committee on
    Homeland Security of the House of Representatives, and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report on the status of the Administration's efforts to institute a
    sterile area access system or method that will enhance security by
    properly identifying authorized airline flight deck and cabin crew
    members at screening checkpoints and granting them expedited access
    through screening checkpoints. The Administrator shall include in the
    report recommendations on the feasibility of implementing the system
    for the domestic aviation industry beginning 1 year after the date on
    which the report is submitted.
        (b) Beginning Implementation.--The Administrator shall begin
    implementation of the system or method referred to in subsection (a)
    not later than 1 year after the date on which the Administrator submits
    the report under subsection (a).
    SEC. 1615. LAW ENFORCEMENT OFFICER BIOMETRIC CREDENTIAL.
        (a) In General.--Section 44903(h)(6) of title 49, United States
    Code, is amended to read as follows:
            ``(6) Use of biometric technology for armed law enforcement
        travel.--
                ``(A) In general.--Not later than 18 months after the date
            of enactment of the Implementing Recommendations of the 9/11
            Commission Act of 2007, the Secretary of Homeland Security, in
            consultation with the Attorney General, shall--
                    ``(i) implement this section by publication in the
                Federal Register; and
                    ``(ii) establish a national registered armed law
                enforcement program, that shall be federally managed, for
                law enforcement officers needing to be armed when traveling
                by commercial aircraft.
                ``(B) Program requirements.--The program shall--
                    ``(i) establish a credential or a system that
                incorporates biometric technology and other applicable
                technologies;
                    ``(ii) establish a system for law enforcement officers
                who need to be armed when traveling by commercial aircraft
                on a regular basis and for those who need to be armed
                during temporary travel assignments;
                    ``(iii) comply with other uniform credentialing
                initiatives, including the Homeland Security Presidential
                Directive 12;
                    ``(iv) apply to all Federal, State, local, tribal, and
                territorial government law enforcement agencies; and
                    ``(v) establish a process by which the travel
                credential or system may be used to verify the identity,
                using biometric technology, of a Federal, State, local,
                tribal, or territorial law enforcement officer seeking to
                carry a weapon on board a commercial aircraft, without
                unnecessarily disclosing to the public that the individual
                is a law enforcement officer.
                ``(C) Procedures.--In establishing the program, the
            Secretary shall develop procedures--
                    ``(i) to ensure that a law enforcement officer of a
                Federal, State, local, tribal, or territorial government
                flying armed has a specific reason for flying armed and the
                reason is within the scope of the duties of such officer;
                    ``(ii) to preserve the anonymity of the armed law
                enforcement officer;
                    ``(iii) to resolve failures to enroll, false matches,
                and false nonmatches relating to the use of the law
                enforcement travel credential or system;
                    ``(iv) to determine the method of issuance of the
                biometric credential to law enforcement officers needing to
                be armed when traveling by commercial aircraft;
                    ``(v) to invalidate any law enforcement travel
                credential or system that is lost, stolen, or no longer
                authorized for use;
                    ``(vi) to coordinate the program with the Federal Air
                Marshal Service, including the force multiplier program of
                the Service; and
                    ``(vii) to implement a phased approach to launching the
                program, addressing the immediate needs of the relevant
                Federal agent population before expanding to other law
                enforcement populations.''.
        (b) Report.--
            (1) In general.--Not later than 180 days after implementing the
        national registered armed law enforcement program required by
        section 44903(h)(6) of title 49, United States Code, the Secretary
        of Homeland Security shall submit to the Committee on Commerce,
        Science, and Transportation of the Senate and the Committee on
        Homeland Security of the House of Representatives a report. If the
        Secretary has not implemented the program within 180 days after the
        date of enactment of this Act, the Secretary shall submit a report
        to the Committees within 180 days explaining the reasons for the
        failure to implement the program within the time required by that
        section and a further report within each successive 90-day period
        until the program is implemented explaining the reasons for such
        further delays in implementation until the program is functioning.
            (2) Classified format.--The Secretary may submit each report
        required by this subsection in classified format.
    SEC. 1616. REPAIR STATION SECURITY.
        (a) Certification of Foreign Repair Stations Suspension.--If the
    regulations required by section 44924(f) of title 49, United States
    Code, are not issued within 1 year after the date of enactment of this
    Act, the Administrator of the Federal Aviation Administration may not
    certify any foreign repair station under part 145 of title 14, Code of
    Federal Regulations, after such date unless the station was previously
    certified, or is in the process of certification by the Administration
    under that part.
        (b) 6-Month Deadline for Security Review and Audit.--Subsections
    (a) and (d) of section 44924 of title 49, United States Code, is
    amended--
            (1) in each of subsections (a) and (b) by striking ``18
        months'' and inserting ``6 months''; and
            (2) in subsection (d) by inserting ``(other than a station that
        was previously certified, or is in the process of certification, by
        the Administration under this part)'' before ``until''.
    SEC. 1617. GENERAL AVIATION SECURITY.
        Section 44901 of title 49, United States Code, as amended by
    sections 1602 and 1609, is further amended by adding at the end the
    following:
        ``(k) General Aviation Airport Security Program.--
            ``(1) In general.--Not later than one year after the date of
        enactment of this subsection, the Administrator of the
        Transportation Security Administration shall--
                ``(A) develop a standardized threat and vulnerability
            assessment program for general aviation airports (as defined in
            section 47134(m)); and
                ``(B) implement a program to perform such assessments on a
            risk-managed basis at general aviation airports.
            ``(2) Grant program.--Not later than 6 months after the date of
        enactment of this subsection, the Administrator shall initiate and
        complete a study of the feasibility of a program, based on a risk-
        managed approach, to provide grants to operators of general
        aviation airports (as defined in section 47134(m)) for projects to
        upgrade security at such airports. If the Administrator determines
        that such a program is feasible, the Administrator shall establish
        such a program.
            ``(3) Application to general aviation aircraft.--Not later than
        180 days after the date of enactment of this subsection, the
        Administrator shall develop a risk-based system under which--
                ``(A) general aviation aircraft, as identified by the
            Administrator, in coordination with the Administrator of the
            Federal Aviation Administration, are required to submit
            passenger information and advance notification requirements for
            United States Customs and Border Protection before entering
            United States airspace; and
                ``(B) such information is checked against appropriate
            databases.
            ``(4) Authorization of appropriations.--There are authorized to
        be appropriated to the Administrator of the Transportation Security
        Administration such sums as may be necessary to carry out
        paragraphs (2) and (3).''.
    SEC. 1618. EXTENSION OF AUTHORIZATION OF AVIATION SECURITY FUNDING.
        Section 48301(a) of title 49, United States Code, is amended by
    striking ``and 2006'' and inserting ``2007, 2008, 2009, 2010, and
    2011''.

                           TITLE XVII--MARITIME CARGO

    SEC. 1701. CONTAINER SCANNING AND SEALS.
        (a) Container Scanning.--Section 232(b) of the SAFE Ports Act (6
    U.S.C. 982(b)) is amended to read as follows:
        ``(b) Full-Scale Implementation.--
            ``(1) In general.--A container that was loaded on a vessel in a
        foreign port shall not enter the United States (either directly or
        via a foreign port) unless the container was scanned by
        nonintrusive imaging equipment and radiation detection equipment at
        a foreign port before it was loaded on a vessel.
            ``(2) Application.--Paragraph (1) shall apply with respect to
        containers loaded on a vessel in a foreign country on or after the
        earlier of--
                ``(A) July 1, 2012; or
                ``(B) such other date as may be established by the
            Secretary under paragraph (3).
            ``(3) Establishment of earlier deadline.--The Secretary shall
        establish a date under (2)(B) pursuant to the lessons learned
        through the pilot integrated scanning systems established under
        section 231.
            ``(4) Extensions.--The Secretary may extend the date specified
        in paragraph (2)(A) or (2)(B) for 2 years, and may renew the
        extension in additional 2-year increments, for containers loaded in
        a port or ports, if the Secretary certifies to Congress that at
        least two of the following conditions exist:
                ``(A) Systems to scan containers in accordance with
            paragraph (1) are not available for purchase and installation.
                ``(B) Systems to scan containers in accordance with
            paragraph (1) do not have a sufficiently low false alarm rate
            for use in the supply chain.
                ``(C) Systems to scan containers in accordance with
            paragraph (1) cannot be purchased, deployed, or operated at
            ports overseas, including, if applicable, because a port does
            not have the physical characteristics to install such a system.
                ``(D) Systems to scan containers in accordance with
            paragraph (1) cannot be integrated, as necessary, with existing
            systems.
                ``(E) Use of systems that are available to scan containers
            in accordance with paragraph (1) will significantly impact
            trade capacity and the flow of cargo.
                ``(F) Systems to scan containers in accordance with
            paragraph (1) do not adequately provide an automated
            notification of questionable or high-risk cargo as a trigger
            for further inspection by appropriately trained personnel.
            ``(5) Exemption for military cargo.--Notwithstanding any other
        provision in the section, supplies bought by the Secretary of
        Defense and transported in compliance section 2631 of title 10,
        United States Code, and military cargo of foreign countries are
        exempt from the requirements of this section.
            ``(6) Report on extensions.--An extension under paragraph (4)
        for a port or ports shall take effect upon the expiration of the
        60-day period beginning on the date the Secretary provides a report
        to Congress that--
                ``(A) states what container traffic will be affected by the
            extension;
                ``(B) provides supporting evidence to support the
            Secretary's certification of the basis for the extension; and
                ``(C) explains what measures the Secretary is taking to
            ensure that scanning can be implemented as early as possible at
            the port or ports that are the subject of the report.
            ``(7) Report on renewal of extension.--If an extension under
        paragraph (4) takes effect, the Secretary shall, after one year,
        submit a report to Congress on whether the Secretary expects to
        seek to renew the extension.
            ``(8) Scanning technology standards.--In implementing paragraph
        (1), the Secretary shall--
                ``(A) establish technological and operational standards for
            systems to scan containers;
                ``(B) ensure that the standards are consistent with the
            global nuclear detection architecture developed under the
            Homeland Security Act of 2002; and
                ``(C) coordinate with other Federal agencies that
            administer scanning or detection programs at foreign ports.
            ``(9) International trade and other obligations.--In carrying
        out this subsection, the Secretary shall consult with appropriate
        Federal departments and agencies and private sector stakeholders,
        and ensure that actions under this section do not violate
        international trade obligations, and are consistent with the World
        Customs Organization framework, or other international obligations
        of the United States.''.
        (b) Deadline for Container Security Standards and Procedures.--
    Section 204(a)(4) of the SAFE Port Act (6 U.S.C. 944(a)(4)) is amended
    by--
            (1) striking ``(1) Deadline for enforcement.--'' and inserting
        the following:
            ``(1) Deadline for enforcement.--
                ``(A) Enforcement of rule.--''; and
            (2) adding at the end the following:
                ``(B) Interim requirement.--If the interim final rule
            described in paragraph (2) is not issued by April 1, 2008,
            then--
                    ``(i) effective not later than October 15, 2008, all
                containers in transit to the United States shall be
                required to meet the requirements of International
                Organization for Standardization Publicly Available
                Specification 17712 standard for sealing containers; and
                    ``(ii) the requirements of this subparagraph shall
                cease to be effective upon the effective date of the
                interim final rule issued pursuant to this subsection.''.

     TITLE XVIII--PREVENTING WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
                                   TERRORISM

    SEC. 1801. FINDINGS.
        The 9/11 Commission has made the following recommendations:
            (1) Strengthen ``counter-proliferation'' efforts.--The United
        States should work with the international community to develop laws
        and an international legal regime with universal jurisdiction to
        enable any state in the world to capture, interdict, and prosecute
        smugglers of nuclear material.
            (2) Expand the proliferation security initiative.--In carrying
        out the Proliferation Security Initiative, the United States
        should--
                (A) use intelligence and planning resources of the North
            Atlantic Treaty Organization (NATO) alliance;
                (B) make participation open to non-NATO countries; and
                (C) encourage Russia and the People's Republic of China to
            participate.
            (3) Support the cooperative threat reduction program.--The
        United States should expand, improve, increase resources for, and
        otherwise fully support the Cooperative Threat Reduction program.
    SEC. 1802. DEFINITIONS.
        In this title:
            (1) The terms ``prevention of weapons of mass destruction
        proliferation and terrorism'' and ``prevention of WMD proliferation
        and terrorism'' include activities under--
                (A) the programs specified in section 1501(b) of the
            National Defense Authorization Act for Fiscal Year 1997 (Public
            Law 104-201; 110 Stat. 2731; 50 U.S.C. 2362 note);
                (B) the programs for which appropriations are authorized by
            section 3101(a)(2) of the Bob Stump National Defense
            Authorization Act for Fiscal Year 2003 (Public Law 107-314; 116
            Stat. 2729);
                (C) programs authorized by section 504 of the Freedom for
            Russia and Emerging Eurasian Democracies and Open Markets
            Support Act of 1992 (the FREEDOM Support Act) (22 U.S.C. 5854)
            and programs authorized by section 1412 of the Former Soviet
            Union Demilitarization Act of 1992 (22 U.S.C. 5902); and
                (D) a program of any agency of the Federal Government
            having a purpose similar to that of any of the programs
            identified in subparagraphs (A) through (C), as designated by
            the United States Coordinator for the Prevention of Weapons of
            Mass Destruction Proliferation and Terrorism and the head of
            the agency.
            (2) The terms ``weapons of mass destruction'' and ``WMD'' mean
        chemical, biological, and nuclear weapons, and chemical,
        biological, and nuclear materials used in the manufacture of such
        weapons.
            (3) The term ``items of proliferation concern'' means--
                (A) equipment, materials, or technology listed in--
                    (i) the Trigger List of the Guidelines for Nuclear
                Transfers of the Nuclear Suppliers Group;
                    (ii) the Annex of the Guidelines for Transfers of
                Nuclear-Related Dual-Use Equipment, Materials, Software,
                and Related Technology of the Nuclear Suppliers Group; or
                    (iii) any of the Common Control Lists of the Australia
                Group; and
                (B) any other sensitive items.

     Subtitle A--Repeal and Modification of Limitations on Assistance for
                 Prevention of WMD Proliferation and Terrorism

    SEC. 1811. REPEAL AND MODIFICATION OF LIMITATIONS ON ASSISTANCE FOR
    PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.
        Consistent with the recommendations of the 9/11 Commission,
    Congress repeals or modifies the limitations on assistance for
    prevention of weapons of mass destruction proliferation and terrorism
    as follows:
            (1) Soviet nuclear threat reduction act of 1991.--Subsections
        (b) and (c) of section 211 of the Soviet Nuclear Threat Reduction
        Act of 1991 (title II of Public Law 102-228; 22 U.S.C. 2551 note)
        are repealed.
            (2) Cooperative threat reduction act of 1993.--Section 1203(d)
        of the Cooperative Threat Reduction Act of 1993 (title XII of
        Public Law 103-160; 22 U.S.C. 5952(d)) is repealed.
            (3) Russian chemical weapons destruction facilities.--Section
        1305 of the National Defense Authorization Act for Fiscal Year 2000
        (Public Law 106-65; 22 U.S.C. 5952 note) is repealed.
            (4) Authority to use cooperative threat reduction funds outside
        the former soviet union--modification of certification requirement;
        congressional notice requirement.--Section 1308 of the National
        Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136;
        22 U.S.C. 5963) is amended--
                (A) in subsection (a)--
                    (i) by striking ``the President may'' and inserting
                ``the Secretary of Defense may''; and
                    (ii) by striking ``if the President'' and inserting
                ``if the Secretary of Defense, with the concurrence of the
                Secretary of State,'';
                (B) in subsection (d)(1)--
                    (i) by striking ``The President may not'' and inserting
                ``The Secretary of Defense may not''; and
                    (ii) by striking ``until the President'' and inserting
                ``until the Secretary of Defense, with the concurrence of
                the Secretary of State,'';
                (C) in subsection (d)(2)--
                    (i) by striking ``Not later than 10 days after'' and
                inserting ``Not later than 15 days prior to'';
                    (ii) by striking ``the President shall'' and inserting
                ``the Secretary of Defense shall''; and
                    (iii) by striking ``Congress'' and inserting ``the
                Committee on Armed Services and the Committee on Foreign
                Affairs of the House of Representatives and the Committee
                on Armed Services and the Committee on Foreign Relations of
                the Senate''; and
                (D) in subsection (d) by adding at the end the following:
        ``(3) In the case of a situation that threatens human life or
    safety or where a delay would severely undermine the national security
    of the United States, notification under paragraph (2) shall be made
    not later than 10 days after obligating funds under the authority in
    subsection (a) for a project or activity.''.

                 Subtitle B--Proliferation Security Initiative

    SEC. 1821. PROLIFERATION SECURITY INITIATIVE IMPROVEMENTS AND
    AUTHORITIES.
        (a) Sense of Congress.--It is the sense of Congress, consistent
    with the 9/11 Commission's recommendations, that the President should
    strive to expand and strengthen the Proliferation Security Initiative
    (in this subtitle referred to as ``PSI'') announced by the President on
    May 31, 2003, with a particular emphasis on the following:
            (1) Issuing a presidential directive to the relevant United
        States Government agencies and departments that directs such
        agencies and departments to--
                (A) establish clear PSI authorities, responsibilities, and
            structures;
                (B) include in the budget request for each such agency or
            department for each fiscal year, a request for funds necessary
            for United States PSI-related activities; and
                (C) provide other necessary resources to achieve more
            efficient and effective performance of United States PSI-
            related activities.
            (2) Increasing PSI cooperation with all countries.
            (3) Implementing the recommendations of the Government
        Accountability Office (GAO) in the September 2006 report titled
        ``Better Controls Needed to Plan and Manage Proliferation Security
        Initiative Activities'' (GAO-06-937C) regarding the following:
                (A) The Department of Defense and the Department of State
            should establish clear PSI roles and responsibilities, policies
            and procedures, interagency communication mechanisms,
            documentation requirements, and indicators to measure program
            results.
                (B) The Department of Defense and the Department of State
            should develop a strategy to work with PSI-participating
            countries to resolve issues that are impediments to conducting
            successful PSI interdictions.
            (4) Establishing a multilateral mechanism to increase
        coordination, cooperation, and compliance among PSI-participating
        countries.
        (b) Budget Submission.--
            (1) In general.--Each fiscal year in which activities are
        planned to be carried out under the PSI, the President shall
        include in the budget request for each participating United States
        Government agency or department for that fiscal year, a description
        of the funding and the activities for which the funding is
        requested for each such agency or department.
            (2) Report.--Not later than the first Monday in February of
        each year in which the President submits a budget request described
        in paragraph (1), the Secretary of Defense and the Secretary of
        State shall submit to Congress a comprehensive joint report setting
        forth the following:
                (A) A 3-year plan, beginning with the fiscal year for the
            budget request, that specifies the amount of funding and other
            resources to be provided by the United States for PSI-related
            activities over the term of the plan, including the purposes
            for which such funding and resources will be used.
                (B) For the report submitted in 2008, a description of the
            PSI-related activities carried out during the 3 fiscal years
            preceding the year of the report, and for the report submitted
            in 2009 and each year thereafter, a description of the PSI-
            related activities carried out during the fiscal year preceding
            the year of the report. The description shall include, for each
            fiscal year covered by the report--
                    (i) the amounts obligated and expended for such
                activities and the purposes for which such amounts were
                obligated and expended;
                    (ii) a description of the participation of each
                department or agency of the United States Government in
                such activities;
                    (iii) a description of the participation of each
                foreign country or entity in such activities;
                    (iv) a description of any assistance provided to a
                foreign country or entity participating in such activities
                in order to secure such participation, in response to such
                participation, or in order to improve the quality of such
                participation; and
                    (v) such other information as the Secretary of Defense
                and the Secretary of State determine should be included to
                keep Congress fully informed of the operation and
                activities of the PSI.
            (3) Classification.--The report required by paragraph (2) shall
        be in an unclassified form but may include a classified annex as
        necessary.
        (c) Implementation Report.--Not later than 180 days after the date
    of the enactment of this Act, the President shall transmit to the
    Committee on Armed Services and the Committee on Foreign Affairs of the
    House of Representatives and the Committee on Armed Services and the
    Committee on Foreign Relations of the Senate a report on the
    implementation of this section. The report shall include--
            (1) the steps taken to implement the recommendations described
        in paragraph (3) of subsection (a); and
            (2) the progress made toward implementing the matters described
        in paragraphs (1), (2), and (4) of subsection (a).
        (d) GAO Reports.--The Government Accountability Office shall submit
    to Congress, for each of fiscal years 2007, 2009, and 2011, a report
    with its assessment of the progress and effectiveness of the PSI, which
    shall include an assessment of the measures referred to in subsection
    (a).
    SEC. 1822. AUTHORITY TO PROVIDE ASSISTANCE TO COOPERATIVE COUNTRIES.
        (a) In General.--The President is authorized to provide assistance
    under subsection (b) to any country that cooperates with the United
    States and with other countries allied with the United States to
    prevent the transport and transshipment of items of proliferation
    concern in its national territory or airspace or in vessels under its
    control or registry.
        (b) Types of Assistance.--The assistance authorized under
    subsection (a) consists of the following:
            (1) Assistance under section 23 of the Arms Export Control Act
        (22 U.S.C. 2763).
            (2) Assistance under chapters 4 (22 U.S.C. 2346 et seq.) and 5
        (22 U.S.C. 2347 et seq.) of part II of the Foreign Assistance Act
        of 1961.
            (3) Drawdown of defense excess defense articles and services
        under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C.
        2321j).
        (c) Congressional Notification.--Assistance authorized under this
    section may not be provided until at least 30 days after the date on
    which the President has provided notice thereof to the Committee on
    Armed Services, the Committee on Foreign Affairs, and the Committee on
    Appropriations of the House of Representatives and the Committee on
    Armed Services, the Committee on Foreign Relations, and the Committee
    on Appropriations of the Senate, in accordance with the procedures
    applicable to reprogramming notifications under section 634A(a) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2394-1(a)), and has certified
    to such committees that such assistance will be used in accordance with
    the requirement of subsection (e) of this section.
        (d) Limitation.--Assistance may be provided to a country under
    subsection (a) in no more than 3 fiscal years.
        (e) Use of Assistance.--Assistance provided under this section
    shall be used to enhance the capability of the recipient country to
    prevent the transport and transshipment of items of proliferation
    concern in its national territory or airspace, or in vessels under its
    control or registry, including through the development of a legal
    framework in that country to enhance such capability by criminalizing
    proliferation, enacting strict export controls, and securing sensitive
    materials within its borders, and to enhance the ability of the
    recipient country to cooperate in PSI operations.
        (f) Limitation on Ship or Aircraft Transfers.--
            (1) Limitation.--Except as provided in paragraph (2), the
        President may not transfer any excess defense article that is a
        vessel or an aircraft to a country that has not agreed, in
        connection with such transfer, that it will support and assist
        efforts by the United States, consistent with international law, to
        interdict items of proliferation concern until 30 days after the
        date on which the President has provided notice of the proposed
        transfer to the committees described in subsection (c) in
        accordance with the procedures applicable to reprogramming
        notifications under section 634A(a) of the Foreign Assistance Act
        of 1961 (22 U.S.C. 2394-1(a)), in addition to any other requirement
        of law.
            (2) Exception.--The limitation in paragraph (1) shall not apply
        to any transfer, not involving significant military equipment, in
        which the primary use of the aircraft or vessel will be for
        counternarcotics, counterterrorism, or counter-
        proliferation purposes.

      Subtitle C--Assistance to Accelerate Programs to Prevent Weapons of
                  Mass Destruction Proliferation and Terrorism

    SEC. 1831. STATEMENT OF POLICY.
        It shall be the policy of the United States, consistent with the 9/
    11 Commission's recommendations, to eliminate any obstacles to timely
    obligating and executing the full amount of any appropriated funds for
    threat reduction and nonproliferation programs in order to accelerate
    and strengthen progress on preventing weapons of mass destruction (WMD)
    proliferation and terrorism. Such policy shall be implemented with
    concrete measures, such as those described in this title, including the
    removal and modification of statutory limits to executing funds, the
    expansion and strengthening of the Proliferation Security Initiative,
    the establishment of the Office of the United States Coordinator for
    the Prevention of Weapons of Mass Destruction Proliferation and
    Terrorism under subtitle D, and the establishment of the Commission on
    the Prevention of Weapons of Mass Destruction Proliferation and
    Terrorism under subtitle E. As a result, Congress intends that any
    funds authorized to be appropriated to programs for preventing WMD
    proliferation and terrorism under this subtitle will be executed in a
    timely manner.
    SEC. 1832. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF
    DEFENSE COOPERATIVE THREAT REDUCTION PROGRAM.
        (a) Fiscal Year 2008.--
            (1) In general.--Subject to paragraph (2), there are authorized
        to be appropriated to the Department of Defense Cooperative Threat
        Reduction Program such sums as may be necessary for fiscal year
        2008 for the following purposes:
                (A) Chemical weapons destruction at Shchuch'ye, Russia.
                (B) Biological weapons proliferation prevention.
                (C) Acceleration, expansion, and strengthening of
            Cooperative Threat Reduction Program activities.
            (2) Limitation.--The sums appropriated pursuant to paragraph
        (1) may not exceed the amounts authorized to be appropriated by any
        national defense authorization Act for fiscal year 2008 (whether
        enacted before or after the date of the enactment of this Act) to
        the Department of Defense Cooperative Threat Reduction Program for
        such purposes.
        (b) Future Years.--It is the sense of Congress that in fiscal year
    2008 and future fiscal years, the President should accelerate and
    expand funding for Cooperative Threat Reduction programs administered
    by the Department of Defense and such efforts should include, beginning
    upon enactment of this Act, encouraging additional commitments by the
    Russian Federation and other partner nations, as recommended by the 9/
    11 Commission.
    SEC. 1833. AUTHORIZATION OF APPROPRIATIONS FOR THE DEPARTMENT OF ENERGY
    PROGRAMS TO PREVENT WEAPONS OF MASS DESTRUCTION PROLIFERATION AND
    TERRORISM.
        (a) In General.--Subject to subsection (b), there are authorized to
    be appropriated to Department of Energy National Nuclear Security
    Administration Defense Nuclear Nonproliferation such sums as may be
    necessary for fiscal year 2008 to accelerate, expand, and strengthen
    the following programs to prevent weapons of mass destruction (WMD)
    proliferation and terrorism:
            (1) The Global Threat Reduction Initiative.
            (2) The Nonproliferation and International Security program.
            (3) The International Materials Protection, Control and
        Accounting program.
            (4) The Nonproliferation and Verification Research and
        Development program.
        (b) Limitation.--The sums appropriated pursuant to subsection (a)
    may not exceed the amounts authorized to be appropriated by any
    national defense authorization Act for fiscal year 2008 (whether
    enacted before or after the date of the enactment of this Act) to
    Department of Energy National Nuclear Security Administration Defense
    Nuclear Nonproliferation for such purposes.

    Subtitle D--Office of the United States Coordinator for the Prevention
           of Weapons of Mass Destruction Proliferation and Terrorism

    SEC. 1841. OFFICE OF THE UNITED STATES COORDINATOR FOR THE PREVENTION
    OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.
        (a) Establishment.--There is established within the Executive
    Office of the President an office to be known as the ``Office of the
    United States Coordinator for the Prevention of Weapons of Mass
    Destruction Proliferation and Terrorism'' (in this section referred to
    as the ``Office'').
        (b) Officers.--
            (1) United states coordinator.--The head of the Office shall be
        the United States Coordinator for the Prevention of Weapons of Mass
        Destruction Proliferation and Terrorism (in this section referred
        to as the ``Coordinator'').
            (2) Deputy united states coordinator.--There shall be a Deputy
        United States Coordinator for the Prevention of Weapons of Mass
        Destruction Proliferation and Terrorism (in this section referred
        to as the ``Deputy Coordinator''), who shall--
                (A) assist the Coordinator in carrying out the
            responsibilities of the Coordinator under this subtitle; and
                (B) serve as Acting Coordinator in the absence of the
            Coordinator and during any vacancy in the office of
            Coordinator.
            (3) Appointment.--The Coordinator and Deputy Coordinator shall
        be appointed by the President, by and with the advice and consent
        of the Senate, and shall be responsible on a full-time basis for
        the duties and responsibilities described in this section.
            (4) Limitation.--No person shall serve as Coordinator or Deputy
        Coordinator while serving in any other position in the Federal
        Government.
            (5) Access by congress.--The establishment of the Office of the
        Coordinator within the Executive Office of the President shall not
        be construed as affecting access by the Congress or committees of
        either House to--
                (A) information, documents, and studies in the possession
            of, or conducted by or at the direction of, the Coordinator; or
                (B) personnel of the Office of the Coordinator.
        (c) Duties.--The responsibilities of the Coordinator shall include
    the following:
            (1) Serving as the principal advisor to the President on all
        matters relating to the prevention of weapons of mass destruction
        (WMD) proliferation and terrorism.
            (2) Formulating a comprehensive and well-coordinated United
        States strategy and policies for preventing WMD proliferation and
        terrorism, including--
                (A) measurable milestones and targets to which departments
            and agencies can be held accountable;
                (B) identification of gaps, duplication, and other
            inefficiencies in existing activities, initiatives, and
            programs and the steps necessary to overcome these obstacles;
                (C) plans for preserving the nuclear security investment
            the United States has made in Russia, the former Soviet Union,
            and other countries;
                (D) prioritized plans to accelerate, strengthen, and expand
            the scope of existing initiatives and programs, which include
            identification of vulnerable sites and material and the
            corresponding actions necessary to eliminate such
            vulnerabilities;
                (E) new and innovative initiatives and programs to address
            emerging challenges and strengthen United States capabilities,
            including programs to attract and retain top scientists and
            engineers and strengthen the capabilities of United States
            national laboratories;
                (F) plans to coordinate United States activities,
            initiatives, and programs relating to the prevention of WMD
            proliferation and terrorism, including those of the Department
            of Energy, the Department of Defense, the Department of State,
            and the Department of Homeland Security, and including the
            Proliferation Security Initiative, the G-8 Global Partnership
            Against the Spread of Weapons and Materials of Mass
            Destruction, United Nations Security Council Resolution 1540,
            and the Global Initiative to Combat Nuclear Terrorism;
                (G) plans to strengthen United States commitments to
            international regimes and significantly improve cooperation
            with other countries relating to the prevention of WMD
            proliferation and terrorism, with particular emphasis on work
            with the international community to develop laws and an
            international legal regime with universal jurisdiction to
            enable any state in the world to interdict and prosecute
            smugglers of WMD material, as recommended by the 9/11
            Commission; and
                (H) identification of actions necessary to implement the
            recommendations of the Commission on the Prevention of Weapons
            of Mass Destruction Proliferation and Terrorism established
            under subtitle E of this title.
            (3) Leading inter-agency coordination of United States efforts
        to implement the strategy and policies described in this section.
            (4) Conducting oversight and evaluation of accelerated and
        strengthened implementation of initiatives and programs to prevent
        WMD proliferation and terrorism by relevant government departments
        and agencies.
            (5) Overseeing the development of a comprehensive and
        coordinated budget for programs and initiatives to prevent WMD
        proliferation and terrorism, ensuring that such budget adequately
        reflects the priority of the challenges and is effectively
        executed, and carrying out other appropriate budgetary authorities.
        (d) Staff.--The Coordinator may--
            (1) appoint, employ, fix compensation, and terminate such
        personnel as may be necessary to enable the Coordinator to perform
        his or her duties under this title;
            (2) direct, with the concurrence of the Secretary of a
        department or head of an agency, the temporary reassignment within
        the Federal Government of personnel employed by such department or
        agency, in order to implement United States policy with regard to
        the prevention of WMD proliferation and terrorism;
            (3) use for administrative purposes, on a reimbursable basis,
        the available services, equipment, personnel, and facilities of
        Federal, State, and local agencies;
            (4) procure the services of experts and consultants in
        accordance with section 3109 of title 5, United States Code,
        relating to appointments in the Federal Service, at rates of
        compensation for individuals not to exceed the daily equivalent of
        the rate of pay payable for a position at level IV of the Executive
        Schedule under section 5315 of title 5, United States Code; and
            (5) use the mails in the same manner as any other department or
        agency of the executive branch.
        (e) Consultation With Commission.--The Office and the Coordinator
    shall regularly consult with and strive to implement the
    recommendations of the Commission on the Prevention of Weapons of Mass
    Destruction Proliferation and Terrorism, established under subtitle E
    of this title.
        (f) Annual Report on Strategic Plan.--For fiscal year 2009 and each
    fiscal year thereafter, the Coordinator shall submit to Congress, at
    the same time as the submission of the budget for that fiscal year
    under title 31, United States Code, a report on the strategy and
    policies developed pursuant to subsection (c)(2), together with any
    recommendations of the Coordinator for legislative changes that the
    Coordinator considers appropriate with respect to such strategy and
    policies and their implementation or the Office of the Coordinator.
        (g) Participation in National Security Council and Homeland
    Security Council.--Section 101 of the National Security Act of 1947 (50
    U.S.C. 402) is amended--
            (1) by redesignating the last subsection (added as ``(i)'' by
        section 301 of Public Law 105-292) as subsection (k); and
            (2) by adding at the end the following:
        ``(l) Participation of Coordinator for the Prevention of Weapons of
    Mass Destruction Proliferation and Terrorism.--The United States
    Coordinator for the Prevention of Weapons of Mass Destruction
    Proliferation and Terrorism (or, in the Coordinator's absence, the
    Deputy United States Coordinator) may, in the performance of the
    Coordinator's duty as principal advisor to the President on all matters
    relating to the prevention of weapons of mass destruction proliferation
    and terrorism, and, subject to the direction of the President, attend
    and participate in meetings of the National Security Council and the
    Homeland Security Council.''.
    SEC. 1842. SENSE OF CONGRESS ON UNITED STATES-RUSSIA COOPERATION AND
    COORDINATION ON THE PREVENTION OF WEAPONS OF MASS DESTRUCTION
    PROLIFERATION AND TERRORISM.
        It is the sense of the Congress that, as soon as practical, the
    President should engage the President of the Russian Federation in a
    discussion of the purposes and goals for the establishment of the
    Office of the United States Coordinator for the Prevention of Weapons
    of Mass Destruction Proliferation and Terrorism (in this section
    referred to as the ``Office''), the authorities and responsibilities of
    the United States Coordinator for the Prevention of Weapons of Mass
    Destruction Proliferation and Terrorism (in this section referred to as
    the ``United States Coordinator''), and the importance of strong
    cooperation between the United States Coordinator and a senior official
    of the Russian Federation having authorities and responsibilities for
    preventing weapons of mass destruction proliferation and terrorism
    commensurate with those of the United States Coordinator, and with whom
    the United States Coordinator should coordinate planning and
    implementation of activities within and outside of the Russian
    Federation having the purpose of preventing weapons of mass destruction
    proliferation and terrorism.

    Subtitle E--Commission on the Prevention of Weapons of Mass Destruction
                          Proliferation and Terrorism

    SEC. 1851. ESTABLISHMENT OF COMMISSION ON THE PREVENTION OF WEAPONS OF
    MASS DESTRUCTION PROLIFERATION AND TERRORISM.
        There is established the Commission on the Prevention of Weapons of
    Mass Destruction Proliferation and Terrorism (in this subtitle referred
    to as the ``Commission'').
    SEC. 1852. PURPOSES OF COMMISSION.
        (a) In General.--The purposes of the Commission are to--
            (1) assess current activities, initiatives, and programs to
        prevent weapons of mass destruction proliferation and terrorism;
        and
            (2) provide a clear and comprehensive strategy and concrete
        recommendations for such activities, initiatives, and programs.
        (b) In Particular.--The Commission shall give particular attention
    to activities, initiatives, and programs to secure all nuclear weapons-
    usable material around the world and to significantly accelerate,
    expand, and strengthen, on an urgent basis, United States and
    international efforts to prevent, stop, and counter the spread of
    nuclear weapons capabilities and related equipment, material, and
    technology to terrorists and states of concern.
    SEC. 1853. COMPOSITION OF COMMISSION.
        (a) Members.--The Commission shall be composed of 9 members, of
    whom--
            (1) 1 member shall be appointed by the leader of the Senate of
        the Democratic Party (majority or minority leader, as the case may
        be), with the concurrence of the leader of the House of
        Representatives of the Democratic party (majority or minority
        leader as the case may be), who shall serve as chairman of the
        Commission;
            (2) 2 members shall be appointed by the senior member of the
        Senate leadership of the Democratic party;
            (3) 2 members shall be appointed by the senior member of the
        Senate leadership of the Republican party;
            (4) 2 members shall be appointed by the senior member of the
        leadership of the House of Representatives of the Democratic party;
        and
            (5) 2 members shall be appointed by the senior member of the
        leadership of the House of Representatives of the Republican party.
        (b) Qualifications.--It is the sense of Congress that individuals
    appointed to the Commission should be prominent United States citizens,
    with significant depth of experience in the nonproliferation or arms
    control fields.
        (c) Deadline for Appointment.--All members of the Commission shall
    be appointed within 90 days of the date of the enactment of this Act.
        (d) Initial Meeting.--The Commission shall meet and begin the
    operations of the Commission as soon as practicable.
        (e) Quorum; Vacancies.--After its initial meeting, the Commission
    shall meet upon the call of the chairman or a majority of its members.
    Six members of the Commission shall constitute a quorum. Any vacancy in
    the Commission shall not affect its powers, but shall be filled in the
    same manner in which the original appointment was made.
    SEC. 1854. RESPONSIBILITIES OF COMMISSION.
        (a) In General.--The Commission shall address--
            (1) the roles, missions, and structure of all relevant
        government departments, agencies, and other actors, including the
        Office of the United States Coordinator for the Prevention of
        Weapons of Mass Destruction Proliferation and Terrorism established
        under subtitle D of this title;
            (2) inter-agency coordination;
            (3) United States commitments to international regimes and
        cooperation with other countries; and
            (4) the threat of weapons of mass destruction proliferation and
        terrorism to the United States and its interests and allies,
        including the threat posed by black-market networks, and the
        effectiveness of the responses by the United States and the
        international community to such threats.
        (b) Follow-on Baker-Cutler Report.--The Commission shall also
    reassess, and where necessary update and expand on, the conclusions and
    recommendations of the report titled ``A Report Card on the Department
    of Energy's Nonproliferation Programs with Russia'' of January 2001
    (also known as the ``Baker-Cutler Report'') and implementation of such
    recommendations.
    SEC. 1855. POWERS OF COMMISSION.
        (a) Hearings and Evidence.--The Commission or, on the authority of
    the Commission, any subcommittee or member thereof, may, for the
    purpose of carrying out this subtitle, hold such hearings and sit and
    act at such times and places, take such testimony, receive such
    evidence, and administer such oaths as the Commission or such
    designated subcommittee or designated member may determine advisable.
        (b) Contracting.--The Commission may, to such extent and in such
    amounts as are provided in appropriations Acts, enter into contracts to
    enable the Commission to discharge its duties under this subtitle.
        (c) Staff of Commission.--
            (1) Appointment and compensation.--The chairman of the
        Commission, in accordance with rules agreed upon by the Commission,
        may appoint and fix the compensation of a staff director and such
        other personnel as may be necessary to enable the Commission to
        carry out its functions, without regard to the provisions of title
        5, United States Code, governing appointments in the competitive
        service, and without regard to the provisions of chapter 51 and
        subchapter III of chapter 53 of such title relating to
        classification and General Schedule pay rates, except that no rate
        of pay fixed under this subsection may exceed the equivalent of
        that payable for a position at level V of the Executive Schedule
        under section 5316 of title 5, United States Code.
            (2) Personnel as federal employees.--
                (A) In general.--The executive director and any employees
            of the Commission shall be employees under section 2105 of
            title 5, United States Code, for purposes of chapters 63, 81,
            83, 84, 85, 87, 89, and 90 of that title.
                (B) Members of commission.--Subparagraph (A) shall not be
            construed to apply to members of the Commission.
            (3) Detailees.--Any Federal Government employee may be detailed
        to the Commission without reimbursement from the Commission, and
        such detailee shall retain the rights, status, and privileges of
        his or her regular employment without interruption.
            (4) Consultant services.--The Commission may procure the
        services of experts and consultants in accordance with section 3109
        of title 5, United States Code, but at rates not to exceed the
        daily rate paid a person occupying a position at level IV of the
        Executive Schedule under section 5315 of title 5, United States
        Code.
            (5) Emphasis on security clearances.--Emphasis shall be made to
        hire employees and retain contractors and detailees with active
        security clearances.
        (d) Information From Federal Agencies.--
            (1) In general.--The Commission is authorized to secure
        directly from any executive department, bureau, agency, board,
        commission, office, independent establishment, or instrumentality
        of the Government, information, suggestions, estimates, and
        statistics for the purposes of this subtitle. Each department,
        bureau, agency, board, commission, office, independent
        establishment, or instrumentality shall, to the extent authorized
        by law, furnish such information, suggestions, estimates, and
        statistics directly to the Commission, upon request made by the
        chairman, the chairman of any subcommittee created by a majority of
        the Commission, or any member designated by a majority of the
        Commission.
            (2) Receipt, handling, storage, and dissemination.--Information
        shall only be received, handled, stored, and disseminated by
        members of the Commission and its staff consistent with all
        applicable statutes, regulations, and Executive orders.
        (e) Assistance From Federal Agencies.--
            (1) General services administration.--The Administrator of
        General Services shall provide to the Commission on a reimbursable
        basis administrative support and other services for the performance
        of the Commission's functions.
            (2) Other departments and agencies.--In addition to the
        assistance prescribed in paragraph (1), departments and agencies of
        the United States may provide to the Commission such services,
        funds, facilities, staff, and other support services as they may
        determine advisable and as may be authorized by law.
        (f) Gifts.--The Commission may accept, use, and dispose of gifts or
    donations of services or property.
        (g) Postal Services.--The Commission may use the United States
    mails in the same manner and under the same conditions as departments
    and agencies of the United States.
    SEC. 1856. NONAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.
        (a) In General.--The Federal Advisory Committee Act (5 U.S.C. App.)
    shall not apply to the Commission.
        (b) Public Meetings and Release of Public Versions of Reports.--The
    Commission shall--
            (1) hold public hearings and meetings to the extent
        appropriate; and
            (2) release public versions of the report required under
        section 1857.
        (c) Public Hearings.--Any public hearings of the Commission shall
    be conducted in a manner consistent with the protection of information
    provided to or developed for or by the Commission as required by any
    applicable statute, regulation, or Executive order.
    SEC. 1857. REPORT.
        Not later than 180 days after the appointment of the Commission,
    the Commission shall submit to the President and Congress a final
    report containing such findings, conclusions, and recommendations for
    corrective measures as have been agreed to by a majority of Commission
    members.
    SEC. 1858. TERMINATION.
        (a) In General.--The Commission, and all the authorities of this
    subtitle, shall terminate 60 days after the date on which the final
    report is submitted under section 1857.
        (b) Administrative Activities Before Termination.--The Commission
    may use the 60-day period referred to in subsection (a) for the purpose
    of concluding its activities, including providing testimony to
    committees of Congress concerning its report and disseminating the
    final report.
    SEC. 1859. FUNDING.
        (a) In General.--There are authorized to be appropriated such sums
    as may be necessary for the purposes of the activities of the
    Commission under this title.
        (b) Duration of Availability.--Amounts made available to the
    Commission under subsection (a) shall remain available until the
    termination of the Commission.

       TITLE XIX--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

    SEC. 1901. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL
    COOPERATION.
        (a) Findings.--Congress finds the following:
            (1) The development and implementation of technology is
        critical to combating terrorism and other high consequence events
        and implementing a comprehensive homeland security strategy.
            (2) The United States and its allies in the global war on
        terrorism share a common interest in facilitating research,
        development, testing, and evaluation of equipment, capabilities,
        technologies, and services that will aid in detecting, preventing,
        responding to, recovering from, and mitigating against acts of
        terrorism.
            (3) Certain United States allies in the global war on
        terrorism, including Israel, the United Kingdom, Canada, Australia,
        and Singapore have extensive experience with, and technological
        expertise in, homeland security.
            (4) The United States and certain of its allies in the global
        war on terrorism have a history of successful collaboration in
        developing mutually beneficial equipment, capabilities,
        technologies, and services in the areas of defense, agriculture,
        and telecommunications.
            (5) The United States and its allies in the global war on
        terrorism will mutually benefit from the sharing of technological
        expertise to combat domestic and international terrorism.
            (6) The establishment of an office to facilitate and support
        cooperative endeavors between and among government agencies, for-
        profit business entities, academic institutions, and nonprofit
        entities of the United States and its allies will safeguard lives
        and property worldwide against acts of terrorism and other high
        consequence events.
        (b) Promoting Antiterrorism Through International Cooperation
    Act.--
            (1) In general.--Title III of the Homeland Security Act of 2002
        (6 U.S.C. 181 et seq.) is amended by adding after section 316, as
        added by section 1101 of this Act, the following:
        ``SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL
          COOPERATION PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director
        selected under subsection (b)(2).
            ``(2) International cooperative activity.--The term
        `international cooperative activity' includes--
                ``(A) coordinated research projects, joint research
            projects, or joint ventures;
                ``(B) joint studies or technical demonstrations;
                ``(C) coordinated field exercises, scientific seminars,
            conferences, symposia, and workshops;
                ``(D) training of scientists and engineers;
                ``(E) visits and exchanges of scientists, engineers, or
            other appropriate personnel;
                ``(F) exchanges or sharing of scientific and technological
            information; and
                ``(G) joint use of laboratory facilities and equipment.
        ``(b) Science and Technology Homeland Security International
    Cooperative Programs Office.--
            ``(1) Establishment.--The Under Secretary shall establish the
        Science and Technology Homeland Security International Cooperative
        Programs Office.
            ``(2) Director.--The Office shall be headed by a Director,
        who--
                ``(A) shall be selected, in consultation with the Assistant
            Secretary for International Affairs, by and shall report to the
            Under Secretary; and
                ``(B) may be an officer of the Department serving in
            another position.
            ``(3) Responsibilities.--
                ``(A) Development of mechanisms.--The Director shall be
            responsible for developing, in coordination with the Department
            of State and, as appropriate, the Department of Defense, the
            Department of Energy, and other Federal agencies,
            understandings and agreements to allow and to support
            international cooperative activity in support of homeland
            security.
                ``(B) Priorities.--The Director shall be responsible for
            developing, in coordination with the Office of International
            Affairs and other Federal agencies, strategic priorities for
            international cooperative activity for the Department in
            support of homeland security.
                ``(C) Activities.--The Director shall facilitate the
            planning, development, and implementation of international
            cooperative activity to address the strategic priorities
            developed under subparagraph (B) through mechanisms the Under
            Secretary considers appropriate, including grants, cooperative
            agreements, or contracts to or with foreign public or private
            entities, governmental organizations, businesses (including
            small businesses and socially and economically disadvantaged
            small businesses (as those terms are defined in sections 3 and
            8 of the Small Business Act (15 U.S.C. 632 and 637),
            respectively)), federally funded research and development
            centers, and universities.
                ``(D) Identification of partners.--The Director shall
            facilitate the matching of United States entities engaged in
            homeland security research with non-United States entities
            engaged in homeland security research so that they may partner
            in homeland security research activities.
            ``(4) Coordination.--The Director shall ensure that the
        activities under this subsection are coordinated with the Office of
        International Affairs and the Department of State and, as
        appropriate, the Department of Defense, the Department of Energy,
        and other relevant Federal agencies or interagency bodies. The
        Director may enter into joint activities with other Federal
        agencies.
        ``(c) Matching Funding.--
            ``(1) In general.--
                ``(A) Equitability.--The Director shall ensure that funding
            and resources expended in international cooperative activity
            will be equitably matched by the foreign partner government or
            other entity through direct funding, funding of complementary
            activities, or the provision of staff, facilities, material, or
            equipment.
                ``(B) Grant matching and repayment.--
                    ``(i) In general.--The Secretary may require a
                recipient of a grant under this section--

                        ``(I) to make a matching contribution of not more
                    than 50 percent of the total cost of the proposed
                    project for which the grant is awarded; and
                        ``(II) to repay to the Secretary the amount of the
                    grant (or a portion thereof), interest on such amount
                    at an appropriate rate, and such charges for
                    administration of the grant as the Secretary determines
                    appropriate.

                    ``(ii) Maximum amount.--The Secretary may not require
                that repayment under clause (i)(II) be more than 150
                percent of the amount of the grant, adjusted for inflation
                on the basis of the Consumer Price Index.
            ``(2) Foreign partners.--Partners may include Israel, the
        United Kingdom, Canada, Australia, Singapore, and other allies in
        the global war on terrorism as determined to be appropriate by the
        Secretary of Homeland Security and the Secretary of State.
            ``(3) Loans of equipment.--The Director may make or accept
        loans of equipment for research and development and comparative
        testing purposes.
        ``(d) Foreign Reimbursements.--If the Science and Technology
    Homeland Security International Cooperative Programs Office
    participates in an international cooperative activity with a foreign
    partner on a cost-sharing basis, any reimbursements or contributions
    received from that foreign partner to meet its share of the project may
    be credited to appropriate current appropriations accounts of the
    Directorate of Science and Technology.
        ``(e) Report to Congress on International Cooperative Activities.--
    Not later than one year after the date of enactment of this section,
    and every 5 years thereafter, the Under Secretary, acting through the
    Director, shall submit to Congress a report containing--
            ``(1) a brief description of each grant, cooperative agreement,
        or contract made or entered into under subsection (b)(3)(C),
        including the participants, goals, and amount and sources of
        funding; and
            ``(2) a list of international cooperative activities underway,
        including the participants, goals, expected duration, and amount
        and sources of funding, including resources provided to support the
        activities in lieu of direct funding.
        ``(f) Animal and Zoonotic Diseases.--As part of the international
    cooperative activities authorized in this section, the Under Secretary,
    in coordination with the Chief Medical Officer, the Department of
    State, and appropriate officials of the Department of Agriculture, the
    Department of Defense, and the Department of Health and Human Services,
    may enter into cooperative activities with foreign countries, including
    African nations, to strengthen American preparedness against foreign
    animal and zoonotic diseases overseas that could harm the Nation's
    agricultural and public health sectors if they were to reach the United
    States.
        ``(g) Construction; Authorities of the Secretary of State.--Nothing
    in this section shall be construed to alter or affect the following
    provisions of law:
            ``(1) Title V of the Foreign Relations Authorization Act,
        Fiscal Year 1979 (22 U.S.C. 2656a et seq.).
            ``(2) Section 112b(c) of title 1, United States Code.
            ``(3) Section 1(e)(2) of the State Department Basic Authorities
        Act of 1956 (22 U.S.C. 2651a(e)(2)).
            ``(4) Sections 2 and 27 of the Arms Export Control Act (22
        U.S.C. 2752 and 22 U.S.C. 2767).
            ``(5) Section 622(c) of the Foreign Assistance Act of 1961 (22
        U.S.C. 2382(c)).
        ``(h) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section such sums as are necessary.''.
            (2) Technical and conforming amendment.--The table of contents
        in section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101
        et seq.) is amended by inserting after the item relating to section
        316, as added by section 1101 of this Act, the following:

    ``Sec. 317. Promoting antiterrorism through international cooperation
              program.''.
    SEC. 1902. TRANSPARENCY OF FUNDS.
        For each Federal award (as that term is defined in section 2 of the
    Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C.
    6101 note)) under this title or an amendment made by this title, the
    Director of the Office of Management and Budget shall ensure full and
    timely compliance with the requirements of the Federal Funding
    Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).

             TITLE XX--9/11 COMMISSION INTERNATIONAL IMPLEMENTATION

    SEC. 2001. SHORT TITLE.
        This title may be cited as the ``9/11 Commission International
    Implementation Act of 2007''.
    SEC. 2002. DEFINITION.
        In this title, except as otherwise provided, the term ``appropriate
    congressional committees''--
            (1) means--
                (A) the Committee on Foreign Affairs and the Committee on
            Appropriations of the House of Representatives; and
                (B) the Committee on Foreign Relations and the Committee on
            Appropriations of the Senate; and
            (2) includes, for purposes of subtitle D, the Committees on
        Armed Services of the House of Representatives and of the Senate.

     Subtitle A--Quality Educational Opportunities in Predominantly Muslim
                                   Countries.

    SEC. 2011. FINDINGS; POLICY.
        (a) Findings.--Congress makes the following findings:
            (1) The report of the National Commission on Terrorist Attacks
        Upon the United States stated that ``[e]ducation that teaches
        tolerance, the dignity and value of each individual, and respect
        for different beliefs is a key element in any global strategy to
        eliminate Islamist terrorism''.
            (2) The report of the National Commission on Terrorist Attacks
        Upon the United States concluded that ensuring educational
        opportunity is essential to the efforts of the United States to
        defeat global terrorism and recommended that the United States
        Government ``should offer to join with other nations in generously
        supporting [spending funds] . . . directly for building and
        operating primary and secondary schools in those Muslim states that
        commit to sensibly investing their own money in public education''.
            (3) While Congress endorsed such a program in the Intelligence
        Reform and Terrorism Prevention Act of 2004 (Public Law 108-458),
        such a program has not been established.
        (b) Policy.--It is the policy of the United States--
            (1) to work toward the goal of dramatically increasing the
        availability of modern basic education through public schools in
        predominantly Muslim countries, which will reduce the influence of
        radical madrassas and other institutions that promote religious
        extremism;
            (2) to join with other countries in generously supporting the
        International Muslim Youth Opportunity Fund authorized under
        section 7114 of the Intelligence Reform and Terrorism Prevention
        Act of 2004, as amended by section 2012 of this Act, with the goal
        of building and supporting public primary and secondary schools in
        predominantly Muslim countries that commit to sensibly investing
        the resources of such countries in modern public education;
            (3) to offer additional incentives to increase the availability
        of modern basic education in predominantly Muslim countries; and
            (4) to work to prevent financing of educational institutions
        that support radical Islamic fundamentalism.
    SEC. 2012. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
        Section 7114 of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (22 U.S.C. 2228) is amended to read as follows:
    ``SEC. 7114. INTERNATIONAL MUSLIM YOUTH OPPORTUNITY FUND.
        ``(a) Purpose.--The purpose of this section is to strengthen the
    public educational systems in predominantly Muslim countries by--
            ``(1) authorizing the establishment of an International Muslim
        Youth Educational Fund through which the United States dedicates
        resources, either through a separate fund or through an
        international organization, to assist those countries that commit
        to education reform; and
            ``(2) providing resources for the Fund and to the President to
        help strengthen the public educational systems in those countries.
        ``(b) Establishment of Fund.--
            ``(1) Authority.--The President is authorized to establish an
        International Muslim Youth Opportunity Fund and to carry out
        programs consistent with paragraph (4) under existing authorities,
        including the Mutual Educational and Cultural Exchange Act of 1961
        (commonly referred to as the `Fulbright-Hays Act').
            ``(2) Location.--The Fund may be established--
                ``(A) as a separate fund in the Treasury; or
                ``(B) through an international organization or
            international financial institution, such as the United Nations
            Educational, Science and Cultural Organization, the United
            Nations Development Program, or the International Bank for
            Reconstruction and Development.
            ``(3) Transfers and receipts.--The head of any department,
        agency, or instrumentality of the United States Government may
        transfer any amount to the Fund, and the Fund may receive funds
        from private enterprises, foreign countries, or other entities.
            ``(4) Activities of the fund.--The Fund shall support programs
        described in this paragraph to improve the education environment in
        predominantly Muslim countries.
                ``(A) Assistance to enhance modern educational programs.--
                    ``(i) The establishment in predominantly Muslim
                countries of a program of reform to create a modern
                education curriculum in the public educational systems in
                such countries.
                    ``(ii) The establishment or modernization of
                educational materials to advance a modern educational
                curriculum in such systems.
                    ``(iii) Teaching English to adults and children.
                    ``(iv) The enhancement in predominantly Muslim
                countries of community, family, and student participation
                in the formulation and implementation of education
                strategies and programs in such countries.
                ``(B) Assistance for training and exchange programs for
            teachers, administrators, and students.--
                    ``(i) The establishment of training programs for
                teachers and educational administrators to enhance skills,
                including the establishment of regional centers to train
                individuals who can transfer such skills upon return to
                their countries.
                    ``(ii) The establishment of exchange programs for
                teachers and administrators in predominantly Muslim
                countries and with other countries to stimulate additional
                ideas and reform throughout the world, including teacher
                training exchange programs focused on primary school
                teachers in such countries.
                    ``(iii) The establishment of exchange programs for
                primary and secondary students in predominantly Muslim
                countries and with other countries to foster understanding
                and tolerance and to stimulate long-standing relationships.
                ``(C) Assistance targeting primary and secondary
            students.--
                    ``(i) The establishment in predominantly Muslim
                countries of after-school programs, civic education
                programs, and education programs focusing on life skills,
                such as inter-personal skills and social relations and
                skills for healthy living, such as nutrition and physical
                fitness.
                    ``(ii) The establishment in predominantly Muslim
                countries of programs to improve the proficiency of primary
                and secondary students in information technology skills.
                ``(D) Assistance for development of youth professionals.--
                    ``(i) The establishment of programs in predominantly
                Muslim countries to improve vocational training in trades
                to help strengthen participation of Muslims and Arabs in
                the economic development of their countries.
                    ``(ii) The establishment of programs in predominantly
                Muslim countries that target older Muslim youths not in
                school in such areas as entrepreneurial skills, accounting,
                micro-finance activities, work training, financial
                literacy, and information technology.
                ``(E) Other types of assistance.--
                    ``(i) The translation of foreign books, newspapers,
                reference guides, and other reading materials into local
                languages.
                    ``(ii) The construction and equipping of modern
                community and university libraries.
            ``(5) Authorization of appropriations.--
                ``(A) In general.--There is authorized to be appropriated
            to the President to carry out this section such sums as may be
            necessary for fiscal years 2008, 2009, and 2010.
                ``(B) Availability.--Amounts appropriated pursuant to the
            authorization of appropriations under subsection (a) are
            authorized to remain available until expended.
                ``(C) Additional funds.--Amounts authorized to be
            appropriated under subsection (a) shall be in addition to
            amounts otherwise available for such purposes.
            ``(6) Report to congress.--Not later than 180 days after the
        date of the enactment of this section and annually thereafter until
        January 30, 2010, the President shall submit to the appropriate
        congressional committees a report on United States efforts to
        assist in the improvement of educational opportunities for
        predominantly Muslim children and youths, including the progress
        made toward establishing the International Muslim Youth Opportunity
        Fund.
            ``(7) Appropriate congressional committees defined.--In this
        subsection, the term `appropriate congressional committees' means
        the Committee on Foreign Affairs and the Committee on
        Appropriations of the House of Representatives and the Committee on
        Foreign Relations and the Committee on Appropriations of the
        Senate.''.
    SEC. 2013. ANNUAL REPORT TO CONGRESS.
        (a) In General.--Not later than June 1 of each year until December
    31, 2009, the Secretary of State shall submit to the appropriate
    congressional committees a report on the efforts of predominantly
    Muslim countries to increase the availability of modern basic education
    and to close educational institutions that promote religious extremism
    and terrorism.
        (b) Contents.--Each report shall include--
            (1) a list of predominantly Muslim countries that are making
        serious and sustained efforts to improve the availability of modern
        basic education and to close educational institutions that promote
        religious extremism and terrorism;
            (2) a list of such countries that are making efforts to improve
        the availability of modern basic education and to close educational
        institutions that promote religious extremism and terrorism, but
        such efforts are not serious and sustained;
            (3) a list of such countries that are not making efforts to
        improve the availability of modern basic education and to close
        educational institutions that promote religious extremism and
        terrorism; and
            (4) an assessment for each country specified in each of
        paragraphs (1), (2), and (3) of the role of United States
        assistance with respect to the efforts made or not made to improve
        the availability of modern basic education and close educational
        institutions that promote religious extremism and terrorism.
    SEC. 2014. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED
    SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
        (a) Findings.--Congress finds the following:
            (1) Section 7113 of the Intelligence Reform and Terrorism
        Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 2452 note)
        authorized the establishment of a pilot program to provide grants
        to American-sponsored schools in predominantly Muslim countries so
        that such schools could provide scholarships to young people from
        lower-income and middle-income families in such countries to attend
        such schools, where they could improve their English and be exposed
        to a modern education.
            (2) Since the date of the enactment of that section, the Middle
        East Partnership Initiative has pursued implementation of that
        program.
        (b) Extension of Program.--
            (1) In general.--Section 7113 of the Intelligence Reform and
        Terrorism Prevention Act of 2004 is amended--
                (A) in the section heading by striking ``pilot''; and
                (B) in subsection (c)--
                    (i) in the subsection heading, by striking ``Pilot'';
                and
                    (ii) by striking ``pilot'';
                (C) in subsection (d), by striking ``pilot'' each place it
            appears;
                (D) in subsection (f) by striking ``pilot'';
                (E) in subsection (g), in the first sentence--
                    (i) by inserting ``and April 15, 2008,'' after ``April
                15, 2006,''; and
                    (ii) by striking ``pilot''; and
                (F) in subsection (h)--
                    (i) by striking ``2005 and 2006'' and inserting ``2007
                and 2008''; and
                    (ii) by striking ``pilot''.
            (2) Conforming amendment.--Section 1(b) of such Act is amended,
        in the table of contents, by striking the item relating to section
        7113 and inserting after section 7112 the following new item:

    ``7113. Program to provide grants to American-sponsored schools in
              predominantly Muslim countries to provide scholarships.''.

    Subtitle B--Democracy and Development in the Broader Middle East Region

    SEC. 2021. MIDDLE EAST FOUNDATION.
        (a) Purposes.--The purposes of this section are to support, through
    the provision of grants, technical assistance, training, and other
    programs, in the countries of the broader Middle East region, the
    expansion of--
            (1) civil society;
            (2) opportunities for political participation for all citizens;
            (3) protections for internationally recognized human rights,
        including the rights of women;
            (4) educational system reforms;
            (5) independent media;
            (6) policies that promote economic opportunities for citizens;
            (7) the rule of law; and
            (8) democratic processes of government.
        (b) Middle East Foundation.--
            (1) Designation.--The Secretary of State is authorized to
        designate an appropriate private, nonprofit organization that is
        organized or incorporated under the laws of the United States or of
        a State as the Middle East Foundation (referred to in this section
        as the ``Foundation'').
            (2) Funding.--
                (A) Authority.--The Secretary of State is authorized to
            provide funding to the Foundation through the Middle East
            Partnership Initiative of the Department of State.
            Notwithstanding any other provision of law, the Foundation
            shall use amounts provided under this paragraph to carry out
            the purposes specified in subsection (a), including through
            making grants, using such funds as an endowment, and providing
            other assistance to entities to carry out programs for such
            purposes.
                (B) Funding from other sources.--In determining the amount
            of funding to provide to the Foundation, the Secretary of State
            shall take into consideration the amount of funds that the
            Foundation has received from sources other than the United
            States Government.
            (3) Notification to congressional committees.--The Secretary of
        State shall notify the appropriate congressional committees of the
        designation of an appropriate organization as the Foundation.
        (c) Grants for Projects.--
            (1) Foundation to make grants.--The Secretary of State shall
        enter into an agreement with the Foundation that requires the
        Foundation to use the funds provided under subsection (b)(2) to
        make grants to persons or entities (other than governments or
        government entities) located in the broader Middle East region or
        working with local partners based in the broader Middle East region
        to carry out projects that support the purposes specified in
        subsection (a).
            (2) Center for public policy.--Under the agreement described in
        paragraph (1), the Foundation may make a grant to an institution of
        higher education located in the broader Middle East region to
        create a center for public policy for the purpose of permitting
        scholars and professionals from the countries of the broader Middle
        East region and from other countries, including the United States,
        to carry out research, training programs, and other activities to
        inform public policymaking in the broader Middle East region and to
        promote broad economic, social, and political reform for the people
        of the broader Middle East region.
            (3) Applications for grants.--An entity seeking a grant from
        the Foundation under this section shall submit an application to
        the head of the Foundation at such time, in such manner, and
        containing such information as the head of the Foundation may
        reasonably require.
        (d) Private Character of the Foundation.--Nothing in this section
    shall be construed to--
            (1) make the Foundation an agency or establishment of the
        United States Government, or to make the officers or employees of
        the Foundation officers or employees of the United States for
        purposes of title 5, United States Code; or
            (2) impose any restriction on the Foundation's acceptance of
        funds from private and public sources in support of its activities
        consistent with the purposes specified in subsection (a).
        (e) Limitation on Payments to Foundation Personnel.--No part of the
    funds provided to the Foundation under this section shall inure to the
    benefit of any officer or employee of the Foundation, except as salary
    or reasonable compensation for services.
        (f) Retention of Interest.--The Foundation may hold funds provided
    under this section in interest-bearing accounts prior to the
    disbursement of such funds to carry out the purposes specified in
    subsection (a), and may retain for such purposes any interest earned
    without returning such interest to the Treasury of the United States.
    The Foundation may retain and use such funds as an endowment to carry
    out the purposes specified in subsection (a).
        (g) Financial Accountability.--
            (1) Independent private audits of the foundation.--The accounts
        of the Foundation shall be audited annually in accordance with
        generally accepted auditing standards by independent certified
        public accountants or independent licensed public accountants
        certified or licensed by a regulatory authority of a State or other
        political subdivision of the United States. The report of the
        independent audit shall be included in the annual report required
        by subsection (h).
            (2) GAO audits.--The financial transactions undertaken pursuant
        to this section by the Foundation may be audited by the Government
        Accountability Office in accordance with such principles and
        procedures and under such rules and regulations as may be
        prescribed by the Comptroller General of the United States.
            (3) Audits of grant recipients.--
                (A) In general.--A recipient of a grant from the Foundation
            shall agree to permit an audit of the books and records of such
            recipient related to the use of the grant funds.
                (B) Recordkeeping.--Such recipient shall maintain
            appropriate books and records to facilitate an audit referred
            to in subparagraph (A), including--
                    (i) separate accounts with respect to the grant funds;
                    (ii) records that fully disclose the use of the grant
                funds;
                    (iii) records describing the total cost of any project
                carried out using grant funds; and
                    (iv) the amount and nature of any funds received from
                other sources that were combined with the grant funds to
                carry out a project.
        (h) Annual Reports.--Not later than January 31, 2008, and annually
    thereafter, the Foundation shall submit to the appropriate
    congressional committees and make available to the public a report that
    includes, for the fiscal year prior to the fiscal year in which the
    report is submitted, a comprehensive and detailed description of--
            (1) the operations and activities of the Foundation that were
        carried out using funds provided under this section;
            (2) grants made by the Foundation to other entities with funds
        provided under this section;
            (3) other activities of the Foundation to further the purposes
        specified in subsection (a); and
            (4) the financial condition of the Foundation.
        (i) Broader Middle East Region Defined.--In this section, the term
    ``broader Middle East region'' means Afghanistan, Algeria, Bahrain,
    Egypt, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman,
    Pakistan, Qatar, Saudi Arabia, Syria, Tunisia, United Arab Emirates,
    West Bank and Gaza, and Yemen.
        (j) Repeal.--Section 534(k) of Public Law 109-102 is repealed.

             Subtitle C--Reaffirming United States Moral Leadership

    SEC. 2031. ADVANCING UNITED STATES INTERESTS THROUGH PUBLIC DIPLOMACY.
        (a) Finding.--Congress finds that the report of the National
    Commission on Terrorist Attacks Upon the United States stated that
    ``Recognizing that Arab and Muslim audiences rely on satellite
    television and radio, the government has begun some promising
    initiatives in television and radio broadcasting to the Arab world,
    Iran, and Afghanistan. These efforts are beginning to reach large
    audiences. The Broadcasting Board of Governors has asked for much
    larger resources. It should get them.''.
        (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States needs to improve its communication of
        information and ideas to people in foreign countries, particularly
        in countries with significant Muslim populations; and
            (2) public diplomacy should reaffirm the paramount commitment
        of the United States to democratic principles, including preserving
        the civil liberties of all the people of the United States,
        including Muslim-Americans.
        (c) Special Authority for Surge Capacity.--The United States
    International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is
    amended by adding at the end the following new section:
        ``SEC. 316. SPECIAL AUTHORITY FOR SURGE CAPACITY.
        ``(a) Emergency Authority.--
            ``(1) In general.--Whenever the President determines it to be
        important to the national interests of the United States and so
        certifies to the appropriate congressional committees, the
        President, on such terms and conditions as the President may
        determine, is authorized to direct any department, agency, or other
        entity of the United States to furnish the Broadcasting Board of
        Governors with such assistance outside the United States as may be
        necessary to provide international broadcasting activities of the
        United States with a surge capacity to support United States
        foreign policy objectives during a crisis abroad.
            ``(2) Supersedes existing law.--The authority of paragraph (1)
        shall supersede any other provision of law.
            ``(3) Surge capacity defined.--In this subsection, the term
        `surge capacity' means the financial and technical resources
        necessary to carry out broadcasting activities in a geographical
        area during a crisis abroad.
            ``(4) Duration.--The President is authorized to exercise the
        authority provided in subsection (a)(1) for a period of up to six
        months, which may be renewed for one additional six month period.
        ``(b) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated to
        the President such sums as may be necessary for the President to
        carry out this section, except that no such amount may be
        appropriated which, when added to amounts previously appropriated
        for such purpose but not yet obligated, would cause such amounts to
        exceed $25,000,000.
            ``(2) Availability of funds.--Amounts appropriated pursuant to
        the authorization of appropriations in this subsection are
        authorized to remain available until expended.
            ``(3) Designation of appropriations.--Amounts appropriated
        pursuant to the authorization of appropriations in this subsection
        may be referred to as the `United States International Broadcasting
        Surge Capacity Fund'.
        ``(c) Report.--The annual report submitted to the President and
    Congress by the Broadcasting Board of Governors under section 305(a)(9)
    shall provide a detailed description of any activities carried out
    under this section.''.
    SEC. 2032. OVERSIGHT OF INTERNATIONAL BROADCASTING.
        (a) Transcription of Persian and Arabic Language Broadcasts.--Not
    later than 90 days after the date of the enactment of this Act, the
    Broadcasting Board of Governors shall initiate a pilot project to
    transcribe into the English language news and information programming
    broadcast by Radio Farda, Radio Sawa, the Persian Service of the Voice
    of America, and Alhurra.
        (b) Random Sampling; Public Availability.--The transcription
    required under subsection (a) shall consist of a random sampling of
    such programming. The transcripts shall be available to Congress and
    the public on the Internet site of the Board.
        (c) Report.--Not later than May 1, 2008, the Chairman of the
    Broadcasting Board of Governors shall submit to the Committee on
    Foreign Affairs of the House of Representatives and Committee on
    Foreign Relations of the Senate a report on the feasibility and utility
    of continuing the pilot project required under subsection (a).
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the ``International Broadcasting Operations'' account
    of the Broadcasting Board of Governors $2,000,000 for fiscal year 2008
    to carry out the pilot project required under subsection (a).
    SEC. 2033. EXPANSION OF UNITED STATES SCHOLARSHIP, EXCHANGE, AND
    LIBRARY PROGRAMS IN PREDOMINANTLY MUSLIM COUNTRIES.
        (a) Report; Certification.--Not later than 30 days after the date
    of the enactment of this Act and every 180 days thereafter until
    December 31, 2009, the Secretary of State shall submit to the
    appropriate congressional committees a report on the recommendations of
    the National Commission on Terrorist Attacks Upon the United States and
    the policy goals described in section 7112 of the Intelligence Reform
    and Terrorism Prevention Act of 2004 (Public Law 108-458) for expanding
    United States scholarship, exchange, and library programs in
    predominantly Muslim countries. Such report shall include--
            (1) a certification by the Secretary of State that such
        recommendations have been implemented; or
            (2) if the Secretary of State is unable to make the
        certification described in paragraph (1), a description of--
                (A) the steps taken to implement such recommendations and
            achieve such policy goals;
                (B) when the Secretary of State expects such
            recommendations to be implemented and such policy goals to be
            achieved; and
                (C) any allocation of resources or other actions by
            Congress the Secretary of State considers necessary to
            implement such recommendations and achieve such policy goals.
        (b) Termination of Duty to Report.--The duty to submit a report
    under subsection (a) shall terminate when the Secretary of State
    submits a certification pursuant to paragraph (1) of such subsection.
    SEC. 2034. UNITED STATES POLICY TOWARD DETAINEES.
        (a) Findings.--Congress finds the following:
            (1) The National Commission on Terrorist Attacks Upon the
        United States (commonly referred to as the ``9/11 Commission'')
        declared that the United States ``should work with friends to
        develop mutually agreed-on principles for the detention and humane
        treatment of captured international terrorists who are not being
        held under a particular country's criminal laws'' and recommended
        that the United States engage its allies ``to develop a common
        coalition approach toward the detention and humane treatment of
        captured terrorists''.
            (2) A number of investigations remain ongoing by countries that
        are close United States allies in the war on terrorism regarding
        the conduct of officials, employees, and agents of the United
        States and of other countries related to conduct regarding
        detainees.
            (3) The Secretary of State has launched an initiative to try to
        address the differences between the United States and many of its
        allies regarding the treatment of detainees.
        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary, acting through the Legal Adviser of the Department of State,
    should continue to build on the Secretary's efforts to engage United
    States allies to develop a common coalition approach, in compliance
    with Common Article 3 of the Geneva Conventions and other applicable
    legal principles, toward the detention and humane treatment of
    individuals detained during Operation Iraqi Freedom, Operation Enduring
    Freedom, or in connection with United States counterterrorist
    operations.
        (c) Reporting to Congress.--
            (1) Briefings.--The Secretary of State shall keep the
        appropriate congressional committees fully and currently informed
        of the progress of any discussions between the United States and
        its allies regarding the development of the common coalition
        approach described in subsection (b).
            (2) Report.--Not later than 180 days after the date of the
        enactment of this Act, the Secretary of State, in consultation with
        the Attorney General and the Secretary of Defense, shall submit to
        the appropriate congressional committees a report on any progress
        towards developing the common coalition approach described in
        subsection (b).
        (d) Definition.--In this section, the term ``appropriate
    congressional committees'' means--
            (1) with respect to the House of Representatives, the Committee
        on Foreign Affairs, the Committee on Armed Services, the Committee
        on the Judiciary, and the Permanent Select Committee on
        Intelligence; and
            (2) with respect to the Senate, the Committee on Foreign
        Relations, the Committee on Armed Services, the Committee on the
        Judiciary, and the Select Committee on Intelligence.

         Subtitle D--Strategy for the United States Relationship With
                    Afghanistan, Pakistan, and Saudi Arabia

    SEC. 2041. AFGHANISTAN.
        (a) Congressional Findings.--Congress finds the following:
            (1) A democratic, stable, and prosperous Afghanistan is vital
        to the national security of the United States and to combating
        international terrorism.
            (2) Following the ouster of the Taliban regime in 2001, the
        Government of Afghanistan, with assistance from the United States
        and the international community, has achieved some notable
        successes, including--
                (A) adopting a constitution;
                (B) holding presidential, parliamentary, and provincial
            council elections;
                (C) improving the protection of human rights, including
            women's rights; and
                (D) expanding educational opportunities.
            (3) The following factors pose a serious and immediate threat
        to the stability of Afghanistan:
                (A) Taliban and anti-government forces, al Qaeda, and
            criminal networks.
                (B) Drug trafficking and corruption.
                (C) Weak institutions of administration, security, and
            justice, including pervasive lack of the rule of law.
                (D) Poverty, unemployment, and lack of provision of basic
            services.
            (4) The United States and the international community must
        significantly increase political, economic, and military support to
        Afghanistan to ensure its long-term stability and prosperity, and
        to deny violent extremist groups such as al Qaeda sanctuary in
        Afghanistan.
        (b) Statements of Policy.--The following shall be the policies of
    the United States:
            (1) The United States shall vigorously support the people and
        Government of Afghanistan as they continue to commit to the path
        toward a government representing and protecting the rights of all
        Afghans, and shall maintain its long-term commitment to the people
        of Afghanistan by increased assistance and the continued deployment
        of United States troops in Afghanistan as long as the Government of
        Afghanistan supports such United States involvement.
            (2) In order to reduce the ability of the Taliban and al Qaeda
        to finance their operations through the opium trade, the President
        shall engage aggressively with the Government of Afghanistan,
        countries in the region or otherwise influenced by the trade and
        transit of narcotics, as well as North Atlantic Treaty Organization
        (NATO) partners of the United States, and in consultation with
        Congress, to assess the success of the current Afghan counter-
        narcotics strategy and to explore additional options for addressing
        the narcotics crisis in Afghanistan, including possible changes in
        rules of engagement for NATO and Coalition forces for participation
        in actions against narcotics trafficking and kingpins, and the
        provision of comprehensive assistance to farmers who rely on opium
        for their livelihood, including through the promotion of
        alternative crops and livelihoods.
            (3) The United States shall continue to work with and provide
        assistance to the Government of Afghanistan to strengthen local and
        national government institutions and the rule of law, including the
        training of judges and prosecutors, and to train and equip the
        Afghan National Security Forces.
            (4) The United States shall continue to call on NATO members
        participating in operations in Afghanistan to meet their
        commitments to provide forces and equipment, and to lift
        restrictions on how such forces can be deployed.
            (5) The United States shall continue to foster greater
        understanding and cooperation between the Governments of
        Afghanistan and Pakistan by taking the following actions:
                (A) Facilitating greater communication, including through
            official mechanisms such as the Tripartite Commission and the
            Joint Intelligence Operations Center, and by promoting other
            forms of exchange between the parliaments and civil society of
            the two countries.
                (B) Urging the Government of Afghanistan to enter into a
            political dialogue with Pakistan with respect to all issues
            relating to the border between the two countries, with the aim
            of establishing a mutually-recognized and monitored border,
            open to human and economic exchange, and with both countries
            fully responsible for border security.
        (c) Statement of Congress.--Congress strongly urges that the
    Afghanistan Freedom Support Act of 2002 (22 U.S.C. 7501 et seq.) be
    reauthorized and updated to take into account new developments in
    Afghanistan and in the region so as to demonstrate the continued
    support by the United States for the people and Government of
    Afghanistan.
        (d) Emergency Increase in Effective Police Training and Policing
    Operations.--
            (1) Congressional finding.--Congress finds that police training
        programs in Afghanistan have achieved far less return on
        substantial investment to date and require a substantive review and
        justification of the means and purposes of such assistance,
        consequent to any provision of additional resources.
            (2) Assistance authorized.--The President shall make increased
        efforts, on an urgent basis, to--
                (A) dramatically improve the capability and effectiveness
            of United States and international police trainers, mentors,
            and police personnel for police training programs in
            Afghanistan, as well as develop a pretraining screening
            program;
                (B) increase the numbers of such trainers, mentors, and
            personnel only if such increase is determined to improve the
            performance and capabilities of the Afghanistan civil security
            forces; and
                (C) assist the Government of Afghanistan, in conjunction
            with the Afghanistan civil security forces and their
            leadership, in addressing the corruption crisis that is
            threatening to undermine Afghanistan's future.
            (3) Report.--Not later than 180 days after the date of the
        enactment of this Act, and every 6 months thereafter until
        September 30, 2010, the President shall transmit to the appropriate
        congressional committees a report on United States efforts to
        fulfill the requirements of this subsection. The report required by
        this paragraph may be transmitted concurrently with any similar
        report required by the Afghanistan Freedom Support Act of 2002.
    SEC. 2042. PAKISTAN.
        (a) Congressional Findings.--Congress finds the following:
            (1) A democratic, stable, and prosperous Pakistan that is a
        full and reliable partner in the struggle against the Taliban, al
        Qaeda, and other terrorist groups, and is a responsible steward of
        its nuclear weapons and technology, is vital to the national
        security of the United States.
            (2) Since September 11, 2001, the Government of Pakistan has
        been a critical ally and an important partner in removing the
        Taliban regime in Afghanistan and combating al Qaeda.
            (3) Pakistan has made great sacrifices in the shared struggle
        against al Qaeda-affiliated terrorist groups, engaging in military
        operations that have led to the deaths of hundreds of Pakistani
        security personnel and enduring acts of terrorism that have killed
        hundreds of Pakistani civilians.
            (4) Publicly-stated goals of the Government of Pakistan and the
        national interests of the United States are in close agreement in
        many areas, including--
                (A) curbing the proliferation of nuclear weapons
            technology;
                (B) combating poverty and corruption;
                (C) enabling effective government institutions, including
            public education;
                (D) promoting democracy and the rule of law, particularly
            at the national level;
                (E) addressing the continued presence of Taliban and other
            violent extremist forces throughout the country;
                (F) maintaining the authority of the Government of Pakistan
            in all parts of its national territory;
                (G) securing the borders of Pakistan to prevent the
            movement of militants and terrorists into other countries and
            territories; and
                (H) effectively dealing with violent extremism.
            (5) The opportunity exists for shared effort in helping to
        achieve correlative goals with the Government of Pakistan,
        particularly--
                (A) increased United States assistance to Pakistan, as
            appropriate, to achieve progress in meeting the goals of
            subparagraphs (A) through (C) of paragraph (4);
                (B) increased commitment on the part of the Government of
            Pakistan to achieve the goals of paragraph (4)(D), particularly
            given continued concerns, based on the conduct of previous
            elections, regarding whether parliamentary elections scheduled
            for 2007 will be free, fair, and inclusive of all political
            parties and carried out in full accordance with
            internationally-recognized democratic norms; and
                (C) increased commitment on the part of the Government of
            Pakistan to take actions described in paragraph (4)(E),
            particularly given--
                    (i) the continued operation of the Taliban's Quetta
                shura, as noted by then-North Atlantic Treaty Organization
                Supreme Allied Commander General James Jones in testimony
                before the Senate Foreign Relations Committee on September
                21, 2006; and
                    (ii) the continued operation of al Qaeda affiliates
                Lashkar-e Taiba and Jaish-e Muhammad, sometimes under
                different names, as demonstrated by the lack of meaningful
                action taken against Hafiz Muhammad Saeed, Maulana Masood
                Azhar, and other known leaders and members of such
                terrorist organizations; and
                (D) increased commitment on the part of the Government of
            the United States in regard to working with all elements of
            Pakistan society in helping to achieve the correlative goals
            described in subparagraphs (A) through (H) of paragraph (4).
        (b) Statements of Policy.--The following shall be the policy of the
    United States:
            (1) To maintain and deepen its friendship and long-term
        strategic relationship with Pakistan.
            (2) To work with the Government of Pakistan to combat
        international terrorism, especially in the frontier provinces of
        Pakistan, and to end the use of Pakistan as a safe haven for
        terrorist groups, including those associated with al Qaeda or the
        Taliban.
            (3) To support robust funding for programs of the United States
        Agency for International Development and the Department of State
        that assist the Government of Pakistan in working toward the goals
        described in subsection (a)(4), as the Government of Pakistan
        demonstrates a clear commitment to building a moderate, democratic
        state.
            (4) To work with the international community to secure
        additional financial and political support to effectively implement
        the policies set forth in this subsection.
            (5) To facilitate a just resolution of the dispute over the
        territory of Kashmir, to the extent that such facilitation is
        invited and welcomed by the Governments of Pakistan and India and
        by the people of Kashmir.
            (6) To facilitate greater communication and cooperation between
        the Governments of Afghanistan and Pakistan for the improvement of
        bilateral relations and cooperation in combating terrorism in both
        countries.
            (7) To work with the Government of Pakistan to dismantle
        existing proliferation networks and prevent the proliferation of
        nuclear technology.
        (c) Strategy Relating to Pakistan.--
            (1) Requirement for report on strategy.--Not later than 90 days
        after the date of the enactment of this Act, the President shall
        transmit to the appropriate congressional committees a report that
        describes the long-term strategy of the United States to engage
        with the Government of Pakistan to achieve the goals described in
        subparagraphs (A) through (H) of subsection (a)(4) and to carry out
        the policies described in subsection (b).
            (2) Form.--The report required by paragraph (1) shall be
        transmitted in unclassified form, but may include a classified
        annex, if necessary.
        (d) Limitation on United States Security Assistance to Pakistan.--
            (1) Limitation.--For fiscal year 2008, United States assistance
        under chapter 2 of part II of the Foreign Assistance Act of 1961
        (22 U.S.C. 2311 et seq.) or section 23 of the Arms Export Control
        Act (22 U.S.C. 2763) may not be provided to, and a license for any
        item controlled under the Arms Export Control Act (22 U.S.C. 2751
        et seq.) may not be approved for, Pakistan until the President
        transmits to the appropriate congressional committees a report that
        contains a determination of the President that the Government of
        Pakistan--
                (A) is committed to eliminating from Pakistani territory
            any organization such as the Taliban, al Qaeda, or any
            successor, engaged in military, insurgent, or terrorist
            activities in Afghanistan;
                (B) is undertaking a comprehensive military, legal,
            economic, and political campaign to achieving the goal
            described in subparagraph (A); and
                (C) is currently making demonstrated, significant, and
            sustained progress toward eliminating support or safe haven for
            terrorists.
            (2) Memorandum of justification.--The President shall include
        in the report required by paragraph (1) a memorandum of
        justification setting forth the basis for the President's
        determination under paragraph (1).
            (3) Form.--The report required by paragraph (1) and the
        memorandum of justification required by paragraph (2) shall be
        transmitted in unclassified form, but may include a classified
        annex, if necessary.
        (e) Nuclear Proliferation.--
            (1) Congressional finding.--Congress finds that the maintenance
        by any country of a procurement or supply network for the illicit
        proliferation of nuclear and missile technologies would be
        inconsistent with that country being considered an ally of the
        United States.
            (2) Sense of congress.--It is the sense of Congress that the
        national security interest of the United States will best be served
        if the United States develops and implements a long-term strategy
        to improve the United States relationship with Pakistan and works
        with the Government of Pakistan to stop nuclear proliferation.
        (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to the
        President such sums as may be necessary to provide assistance
        described in subsection (d)(1) for Pakistan for fiscal year 2008 in
        accordance with the requirements of subsection (d)(1).
            (2) Other funds.--Amounts authorized to be appropriated under
        this subsection are in addition to amounts otherwise available for
        such purposes.
            (3) Declaration of policy.--Congress declares that the amount
        of funds appropriated pursuant to the authorization of
        appropriations under paragraph (1) and for subsequent fiscal years
        shall be determined by the extent to which the Government of
        Pakistan displays demonstrable progress in--
                (A) preventing al Qaeda and other terrorist organizations
            from operating in the territory of Pakistan, including
            eliminating terrorist training camps or facilities, arresting
            members and leaders of terrorist organizations, and countering
            recruitment efforts;
                (B) preventing the Taliban from using the territory of
            Pakistan as a sanctuary from which to launch attacks within
            Afghanistan, including by arresting Taliban leaders, stopping
            cross-border incursions, and countering recruitment efforts;
            and
                (C) implementing democratic reforms, including allowing
            free, fair, and inclusive elections at all levels of government
            in accordance with internationally-recognized democratic norms,
            and respecting the independence of the press and judiciary.
            (4) Biannual reports to congress.--
                (A) In general.--The Secretary of State shall submit to the
            appropriate congressional committees a biannual report
            describing in detail the extent to which the Government of
            Pakistan has displayed demonstrable progress in meeting the
            goals described in subparagraphs (A) through (C) of paragraph
            (3).
                (B) Schedule for submission.--The report required by
            subparagraph (A) shall be submitted not later than April 15 and
            October 15 of each year until October 15, 2009.
                (C) Form.--The report required by subparagraph (A) shall be
            submitted in unclassified form, but may include a classified
            annex, if necessary.
        (g) Extension of Waivers.--
            (1) Amendments.--The Act entitled ``An Act to authorize the
        President to exercise waivers of foreign assistance restrictions
        with respect to Pakistan through September 30, 2003, and for other
        purposes'', approved October 27, 2001 (Public Law 107-57; 115 Stat.
        403), is amended--
                (A) in section 1(b)--
                    (i) in the heading, to read as follows:
        ``(b) Fiscal Years 2007 and 2008--''; and
                    (ii) in paragraph (1), by striking ``any provision''
                and all that follows through ``that prohibits'' and
                inserting ``any provision of an Act making appropriations
                for foreign operations, export financing, and related
                programs appropriations for fiscal year 2007 or 2008 (or
                any other appropriations Act) that prohibits'';
                (B) in section 3(2), by striking ``Such provision'' and all
            that follows through ``as are'' and inserting ``Such provision
            of an Act making appropriations for foreign operations, export
            financing, and related programs appropriations for fiscal years
            2002 through 2008 (or any other appropriations Act) as are'';
            and
                (C) in section 6, by striking ``the provisions'' and all
            that follows and inserting ``the provisions of this Act shall
            terminate on October 1, 2008.''.
            (2) Effective date.--The amendments made by paragraph (1) take
        effect on October 1, 2006.
            (3) Sense of congress.--It is the sense of Congress that
        determinations to provide extensions of waivers of foreign
        assistance prohibitions with respect to Pakistan pursuant to Public
        Law 107-57 for fiscal years after the fiscal years specified in the
        amendments made by paragraph (1) to Public Law 107-57 should be
        informed by demonstrable progress in achieving the goals described
        in subparagraphs (A) through (C) of subsection (f)(3).
    SEC. 2043. SAUDI ARABIA.
        (a) Congressional Findings.--Congress finds that:
            (1) The National Commission on Terrorist Attacks Upon the
        United States concluded that the Kingdom of Saudi Arabia has ``been
        a problematic ally in combating Islamic extremism. At the level of
        high policy, Saudi Arabia's leaders cooperated with American
        diplomatic initiatives aimed at the Taliban or Pakistan before 9/
        11. At the same time, Saudi Arabia's society was a place where al
        Qaeda raised money directly from individuals and through charities.
        It was the society that produced 15 of the 19 hijackers.''.
            (2) Saudi Arabia has an uneven record in the fight against
        terrorism, especially with respect to terrorist financing, support
        for radical madrassas, a lack of political outlets for its
        citizens, and restrictions on religious pluralism, that poses a
        threat to the security of the United States, the international
        community, and Saudi Arabia itself.
            (3) The National Commission on Terrorist Attacks Upon the
        United States concluded that the ``problems in the U.S.-Saudi
        relationship must be confronted, openly''. It recommended that the
        two countries build a relationship that includes a ``shared
        commitment to political and economic reform . . . and a shared
        interest in greater tolerance and cultural respect, translating
        into a commitment to fight the violent extremists who foment
        hatred''.
            (4) The United States has a national security interest in
        working with the Government of Saudi Arabia to combat international
        terrorists that operate within that country or that operate outside
        Saudi Arabia with the support of citizens of Saudi Arabia.
            (5) The United States and Saudi Arabia established a Strategic
        Dialogue in 2005, which provides a framework for the two countries
        to discuss a range of bilateral issues at high levels, including
        counterterrorism policy and political and economic reforms.
            (6) It is in the national security interest of the United
        States to support the Government of Saudi Arabia in undertaking a
        number of political and economic reforms, including increasing
        anti-terrorism operations conducted by law enforcement agencies,
        providing more political and religious rights to its citizens,
        increasing the rights of women, engaging in comprehensive
        educational reform, enhancing monitoring of charitable
        organizations, and promulgating and enforcing domestic laws and
        regulation on terrorist financing.
        (b) Statement of Policy.--It is the policy of the United States--
            (1) to engage with the Government of Saudi Arabia to openly
        confront the issue of terrorism, as well as other problematic
        issues such as the lack of political freedoms;
            (2) to enhance counterterrorism cooperation with the Government
        of Saudi Arabia; and
            (3) to support the efforts of the Government of Saudi Arabia to
        make political, economic, and social reforms, including greater
        religious freedom, throughout the country.
        (c) Progress in Counterterrorism and Other Cooperation.--
            (1) Report.--Not later than 180 days after the date of the
        enactment of this Act, the President shall transmit to the
        appropriate congressional committees a report that--
                (A) describes the long-term strategy of the United States--
                    (i) to engage with the Government of Saudi Arabia to
                facilitate political, economic, and social reforms,
                including greater religious freedom, that will enhance the
                ability of the Government of Saudi Arabia to combat
                international terrorism; and
                    (ii) to work with the Government of Saudi Arabia to
                combat terrorism, including through effective measures to
                prevent and prohibit the financing of terrorists by Saudi
                institutions and citizens; and
                (B) provides an assessment of the progress made by Saudi
            Arabia since 2001 on the matters described in subparagraph (A),
            including--
                    (i) whether Saudi Arabia has become a party to the
                International Convention for the Suppression of the
                Financing of Terrorism; and
                    (ii) the activities and authority of the Saudi
                Nongovernmental National Commission for Relief and Charity
                Work Abroad.
            (2) Form.--The report required by paragraph (1) shall be
        transmitted in unclassified form, but may include a classified
        annex, if necessary.

                     TITLE XXI--ADVANCING DEMOCRATIC VALUES

    SEC. 2101. SHORT TITLE.
        This title may be cited as the ``Advance Democratic Values, Address
    Nondemocratic Countries, and Enhance Democracy Act of 2007'' or the
    ``ADVANCE Democracy Act of 2007''.
    SEC. 2102. FINDINGS.
        Congress finds the following:
            (1) The United States Declaration of Independence, the United
        States Constitution, and the United Nations Universal Declaration
        of Human Rights declare that all human beings are created equal and
        possess certain rights and freedoms, including the fundamental
        right to participate in the political life and government of their
        respective countries.
            (2) The development of democracy constitutes a long-term
        challenge that goes through unique phases and paces in individual
        countries as such countries develop democratic institutions such as
        a thriving civil society, a free media, and an independent
        judiciary, and must be led from within such countries, including by
        nongovernmental and governmental reformers.
            (3) Individuals, nongovernmental organizations, and movements
        that support democratic principles, practices, and values are under
        increasing pressure from some governments of nondemocratic
        countries (as well as, in some cases, from governments of
        democratic transition countries), including by using administrative
        and regulatory mechanisms to undermine the activities of such
        individuals, organizations, and movements.
            (4) Democratic countries have a number of instruments available
        for supporting democratic reformers who are committed to promoting
        effective, nonviolent change in nondemocratic countries and who are
        committed to keeping their countries on the path to democracy.
            (5) United States efforts to promote democracy and protect
        human rights can be strengthened to improve assistance for such
        reformers, including through an enhanced role for United States
        diplomats when properly trained and given the right incentives.
            (6) The promotion of democracy requires a broad-based effort
        with cooperation between all democratic countries, including
        through the Community of Democracies.
    SEC. 2103. STATEMENT OF POLICY.
        It is the policy of the United States--
            (1) to promote freedom and democracy in foreign countries as a
        fundamental component of United States foreign policy, along with
        other key foreign policy goals;
            (2) to affirm fundamental freedoms and internationally
        recognized human rights in foreign countries, as reflected in the
        Universal Declaration of Human Rights and the International
        Covenant on Civil and Political Rights, and to condemn offenses
        against those freedoms and rights as a fundamental component of
        United States foreign policy, along with other key foreign policy
        goals;
            (3) to protect and promote such fundamental freedoms and
        rights, including the freedoms of association, of expression, of
        the press, and of religion, and the right to own private property;
            (4) to commit to the long-term challenge of promoting universal
        democracy by promoting democratic institutions, including
        institutions that support the rule of law (such as an independent
        judiciary), an independent and professional media, strong
        legislatures, a thriving civil society, transparent and
        professional independent governmental auditing agencies, civilian
        control of the military, and institutions that promote the rights
        of minorities and women;
            (5) to use instruments of United States influence to support,
        promote, and strengthen democratic principles, practices, and
        values, including the right to free, fair, and open elections,
        secret balloting, and universal suffrage, including by--
                (A) providing appropriate support to individuals,
            nongovernmental organizations, and movements located in
            nondemocratic countries that aspire to live in freedom and
            establish full democracy in such countries; and
                (B) providing political, economic, and other support to
            foreign countries and individuals, nongovernmental
            organizations, and movements that are willingly undertaking a
            transition to democracy; and
            (6) to strengthen cooperation with other democratic countries
        in order to better promote and defend shared values and ideals.
    SEC. 2104. DEFINITIONS.
        In this title:
            (1) Annual report on advancing freedom and democracy.--The term
        ``Annual Report on Advancing Freedom and Democracy'' refers to the
        annual report submitted to Congress by the Department of State
        pursuant to section 665(c) of the Foreign Relations Authorization
        Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 2151n note),
        in which the Department reports on actions taken by the United
        States Government to encourage respect for human rights and
        democracy.
            (2) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means the Committee on
        Foreign Affairs of the House of Representatives and the Committee
        on Foreign Relations of the Senate.
            (3) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary of State for Democracy, Human Rights,
        and Labor.
            (4) Community of democracies and community.--The terms
        ``Community of Democracies'' and ``Community'' mean the association
        of democratic countries committed to the global promotion of
        democratic principles, practices, and values, which held its First
        Ministerial Conference in Warsaw, Poland, in June 2000.
            (5) Department.--The term ``Department'' means the Department
        of State.
            (6) Nondemocratic country or democratic transition country.--
        The term ``nondemocratic country'' or ``democratic transition
        country'' shall include any country which is not governed by a
        fully functioning democratic form of government, as determined by
        the Secretary, taking into account the general consensus regarding
        the status of civil and political rights in a country by major
        nongovernmental organizations that conduct assessments of such
        conditions in countries and whether the country exhibits the
        following characteristics:
                (A) All citizens of such country have the right to, and are
            not restricted in practice from, fully and freely participating
            in the political life of such country.
                (B) The national legislative body of such country and, if
            directly elected, the head of government of such country, are
            chosen by free, fair, open, and periodic elections, by
            universal and equal suffrage, and by secret ballot.
                (C) More than one political party in such country has
            candidates who seek elected office at the national level and
            such parties are not restricted in their political activities
            or their process for selecting such candidates, except for
            reasonable administrative requirements commonly applied in
            countries categorized as fully democratic.
                (D) All citizens in such country have a right to, and are
            not restricted in practice from, fully exercising such
            fundamental freedoms as the freedom of expression, conscience,
            and peaceful assembly and association, and such country has a
            free, independent, and pluralistic media.
                (E) The current government of such country did not come to
            power in a manner contrary to the rule of law.
                (F) Such country possesses an independent judiciary and the
            government of such country generally respects the rule of law.
                (G) Such country does not violate other core principles
            enshrined in the United Nations Charter, the Universal
            Declaration of Human Rights, the International Covenant on
            Civil and Political Rights, United Nations Commission on Human
            Rights Resolution 1499/57 (entitled ``Promotion of the Right to
            Democracy''), and the United Nations General Assembly
            Resolution 55/96 (entitled ``Promoting and consolidating
            democracy'').
                (H) As applicable, whether the country has scored favorably
            on the political, civil liberties, corruption, and rule of law
            indicators used to determine eligibility for financial
            assistance disbursed from the Millennium Challenge Account.
            (7) Secretary.--The term ``Secretary'' means the Secretary of
        State.

          Subtitle A--Activities to Enhance the Promotion of Democracy

    SEC. 2111. DEMOCRACY PROMOTION AT THE DEPARTMENT OF STATE.
        (a) Democracy Liaison Officers.--
            (1) In general.--The Secretary of State shall establish and
        staff Democracy Liaison Officer positions. Democracy Liaison
        Officers shall serve under the supervision of the Assistant
        Secretary. Democracy Liaison Officers may be assigned to the
        following posts:
                (A) United States missions to, or liaisons with, regional
            and multilateral organizations, including the United States
            missions to the European Union, African Union, Organization of
            American States, and any other appropriate regional
            organization, the Organization for Security and Cooperation in
            Europe, the United Nations and its relevant specialized
            agencies, and the North Atlantic Treaty Organization.
                (B) Regional public diplomacy centers of the Department of
            State.
                (C) United States combatant commands.
                (D) Other posts as designated by the Secretary.
            (2) Responsibilities.--Each Democracy Liaison Officer should--
                (A) provide expertise on effective approaches to promote
            and build democracy;
                (B) assist in formulating and implementing strategies for
            transitions to democracy; and
                (C) carry out such other responsibilities as the Secretary
            or the Assistant Secretary may assign.
            (3) New positions.--To the fullest extent practicable, taking
        into consideration amounts appropriated to carry out this
        subsection and personnel available for assignment to the positions
        described in paragraph (1), the Democracy Liaison Officer positions
        established under subsection (a) shall be new positions that are in
        addition to existing positions with responsibility for other human
        rights and democracy related issues and programs, including
        positions with responsibility for labor issues.
            (4) Relationship to other authorities.--Nothing in this
        subsection may be construed as altering any authority or
        responsibility of a chief of mission or other employee of a
        diplomatic mission of the United States provided under any other
        provision of law, including any authority or responsibility for the
        development or implementation of strategies to promote democracy.
        (b) Office Related to Democratic Movements and Transitions.--
            (1) Establishment.--There shall be identified within the Bureau
        of Democracy, Human Rights, and Labor of the Department at least
        one office that shall be responsible for working with democratic
        movements and facilitating the transition to full democracy of
        nondemocratic countries and democratic transition countries.
            (2) Responsibilities.--The Assistant Secretary shall, including
        by acting through the office or offices identified pursuant to
        paragraph (1)--
                (A) provide support for Democratic Liaison Officers
            established under subsection (a);
                (B) develop relations with, consult with, and provide
            assistance to nongovernmental organizations, individuals, and
            movements that are committed to the peaceful promotion of
            democracy and fundamental rights and freedoms, including
            fostering relationships with the United States Government and
            the governments of other democratic countries; and
                (C) assist officers and employees of regional bureaus of
            the Department to develop strategies and programs to promote
            peaceful change in nondemocratic countries and democratic
            transition countries.
            (3) Liaison.--Within the Bureau of Democracy, Human Rights, and
        Labor, the Assistant Secretary shall identify officers or employees
        who have expertise in and shall be responsible for working with
        nongovernmental organizations, individuals, and movements that
        develop relations with, consult with, and provide assistance to
        nongovernmental organizations, individuals, and movements in
        foreign countries that are committed to the peaceful promotion of
        democracy and fundamental rights and freedoms.
        (c) Actions by Chiefs of Mission.--Each chief of mission in each
    nondemocratic country or democratic transition country should--
            (1) develop, as part of annual program planning, a strategy to
        promote democratic principles, practices, and values in each such
        foreign country and to provide support, as appropriate, to
        nongovernmental organizations, individuals, and movements in each
        such country that are committed to democratic principles,
        practices, and values, such as by--
                (A) consulting and coordinating with and providing support
            to such nongovernmental organizations, individuals, and
            movements regarding the promotion of democracy;
                (B) issuing public condemnations of violations of
            internationally recognized human rights, including violations
            of religious freedom, and visiting local landmarks and other
            local sites associated with nonviolent protest in support of
            democracy and freedom from oppression; and
                (C) holding periodic meetings with such nongovernmental
            organizations, individuals, and movements to discuss democracy
            and political, social, and economic freedoms;
            (2) hold ongoing discussions with the leaders of each such
        nondemocratic country or democratic transition country regarding
        progress toward a democratic system of governance and the
        development of political, social, and economic freedoms and respect
        for human rights, including freedom of religion or belief, in such
        country; and
            (3) conduct meetings with civil society, interviews with media
        that can directly reach citizens of each such country, and
        discussions with students and young people of each such country
        regarding progress toward a democratic system of governance and the
        development of political, social, and economic freedoms in each
        such country.
        (d) Recruitment.--The Secretary should seek to increase the
    proportion of members of the Foreign Service who serve in the Bureau of
    Democracy, Human Rights, and Labor.
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary such sums as may be necessary to carry
    out this section.
    SEC. 2112. DEMOCRACY FELLOWSHIP PROGRAM.
        (a) Requirement for Program.--The Secretary shall establish a
    Democracy Fellowship Program to enable officers of the Department to
    gain an additional perspective on democracy promotion in foreign
    countries by working on democracy issues in appropriate congressional
    offices or congressional committees with oversight over the subject
    matter of this title, including the Committee on Foreign Affairs and
    the Committee on Appropriations of the House of Representatives and the
    Committee on Foreign Relations and the Committee on Appropriations of
    the Senate, and international or nongovernmental organizations involved
    in democracy promotion.
        (b) Selection and Placement.--The Assistant Secretary shall play a
    central role in the selection of Democracy Fellows and facilitate their
    placement in appropriate congressional offices, congressional
    committees, international organizations, and nongovernmental
    organizations.
    SEC. 2113. INVESTIGATIONS OF VIOLATIONS OF INTERNATIONAL HUMANITARIAN
    LAW.
        (a) In General.--The President, with the assistance of the
    Secretary, the Under Secretary of State for Democracy and Global
    Affairs, and the Ambassador-at-Large for War Crimes Issues, shall
    collect information regarding incidents that may constitute crimes
    against humanity, genocide, slavery, or other violations of
    international humanitarian law.
        (b) Accountability.--The President shall consider what actions can
    be taken to ensure that any government of a country or the leaders or
    senior officials of such government who are responsible for crimes
    against humanity, genocide, slavery, or other violations of
    international humanitarian law identified under subsection (a) are
    brought to account for such crimes in an appropriately constituted
    tribunal.

    Subtitle B--Strategies and Reports on Human Rights and the Promotion of
                                   Democracy

    SEC. 2121. STRATEGIES, PRIORITIES, AND ANNUAL REPORT.
        (a) Expansion of Country-Specific Strategies to Promote
    Democracy.--
            (1) Commendation.--Congress commends the Secretary for the
        ongoing work by the Department to develop country-specific
        strategies for promoting democracy.
            (2) Expansion.--The Secretary shall expand the development of
        such strategies to all nondemocratic countries and democratic
        transition countries.
            (3) Briefings.--The Secretary shall keep the appropriate
        congressional committees fully and currently informed as such
        strategies are developed.
        (b) Report Title.--Section 665(c) of the Foreign Relations
    Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C.
    2151n note) is amended, in the first sentence, by inserting ``entitled
    the Annual Report on Advancing Freedom and Democracy'' before the
    period at the end.
        (c) Enhanced Report.--The Annual Report on Advancing Freedom and
    Democracy shall include, as appropriate--
            (1) United States priorities for the promotion of democracy and
        the protection of human rights for each nondemocratic country and
        democratic transition country, developed in consultation with
        relevant parties in such countries; and
            (2) specific actions and activities of chiefs of missions and
        other United States officials to promote democracy and protect
        human rights in each such country.
        (d) Schedule of Submission.--Section 665(c) of the Foreign
    Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22
    U.S.C. 2151n note) is amended, in the second sentence, by striking ``30
    days'' and inserting ``90 days''.
    SEC. 2122. TRANSLATION OF HUMAN RIGHTS REPORTS.
        (a) In General.--The Secretary shall continue to expand the timely
    translation of the applicable parts of the Country Reports on Human
    Rights Practices required under sections 116(d) and 502B(b) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), the
    Annual Report on International Religious Freedom required under section
    102(b) of the International Religious Freedom Act of 1998 (22 U.S.C.
    6412(b)), the Trafficking in Persons Report required under section
    110(b) of the Trafficking Victims Protection Act of 2000 (22 U.S.C.
    7107(b)), and any separate report on democracy and human rights policy
    submitted in accordance with section 665(c) of the Foreign Relations
    Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C.
    2151n note) into the principal languages of as many countries as
    possible, with particular emphasis on nondemocratic countries,
    democratic transition countries, and countries in which extrajudicial
    killings, torture, or other serious violations of human rights have
    occurred.
        (b) Report.--
            (1) Requirement.--Not later than April 1, 2008, and annually
        thereafter through 2010, the Secretary shall submit to the
        appropriate congressional committees a report describing any
        translations of the reports specified in subsection (a) for the
        preceding year, including which of such reports have been
        translated into which principal languages and the countries in
        which such translations have been distributed by posting on a
        relevant website or elsewhere.
            (2) Form.--The report required under paragraph (1) may be
        included in any separate report on democracy and human rights
        policy submitted in accordance with section 665(c) of the Foreign
        Relations Authorization Act, Fiscal Year 2003.

    Subtitle C--Advisory Committee on Democracy Promotion and the Internet
                       Website of the Department of State

    SEC. 2131. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.
        Congress commends the Secretary for creating an Advisory Committee
    on Democracy Promotion, and it is the sense of Congress that the
    Committee should play a significant role in the Department's
    transformational diplomacy by advising the Secretary regarding United
    States efforts to promote democracy and democratic transition in
    connection with the formulation and implementation of United States
    foreign policy and foreign assistance, including reviewing and making
    recommendations on--
            (1) how to improve the capacity of the Department to promote
        democracy and human rights; and
            (2) how to improve foreign assistance programs related to the
        promotion of democracy.
    SEC. 2132. SENSE OF CONGRESS REGARDING THE INTERNET WEBSITE OF THE
    DEPARTMENT OF STATE.
        It is the sense of Congress that in order to facilitate access by
    individuals, nongovernmental organizations, and movements in foreign
    countries to documents, streaming video and audio, and other media
    regarding democratic principles, practices, and values, and the
    promotion and strengthening of democracy, the Secretary should take
    additional steps to enhance the Internet site for global democracy and
    human rights of the Department, which should include, where
    practicable, the following:
            (1) Narratives and histories, published by the United States
        Government, of significant democratic movements in foreign
        countries, particularly regarding successful nonviolent campaigns
        to promote democracy in non-democratic countries and democratic
        transition countries.
            (2) Narratives, published by the United States Government,
        relating to the importance of the establishment of and respect for
        internationally recognized human rights, democratic principles,
        practices, and values, and other fundamental freedoms.
            (3) Major human rights reports by the United States Government,
        including translations of such materials, as appropriate.
            (4) Any other documents, references, or links to appropriate
        external Internet websites (such as websites of international or
        nongovernmental organizations), including references or links to
        training materials, narratives, and histories regarding successful
        democratic movements.

         Subtitle D--Training in Democracy and Human Rights; Incentives

    SEC. 2141. TRAINING IN DEMOCRACY PROMOTION AND THE PROTECTION OF HUMAN
    RIGHTS.
        (a) In General.--The Secretary shall continue to enhance training
    for members of the Foreign Service and civil service responsible for
    the promotion of democracy and the protection of human rights. Such
    training shall include appropriate instruction and training materials
    regarding:
            (1) International documents and United States policy regarding
        the promotion of democracy and respect for human rights.
            (2) United States policy regarding the promotion and
        strengthening of democracy around the world, with particular
        emphasis on the transition to democracy in nondemocratic countries
        and democratic transition countries.
            (3) For any member, chief of mission, or deputy chief of
        mission who is to be assigned to a nondemocratic country or
        democratic transition country, ways to promote democracy in such
        country and to assist individuals, nongovernmental organizations,
        and movements in such country that support democratic principles,
        practices, and values.
            (4) The protection of internationally recognized human rights
        (including the protection of religious freedom) and standards
        related to such rights, provisions of United States law related to
        such rights, diplomatic tools to promote respect for such rights,
        and the protection of individuals who have fled their countries due
        to violations of such rights.
        (b) Consultation.--The Secretary, acting through the Director of
    the National Foreign Affairs Training Center of the Foreign Service
    Institute of the Department, shall consult, as appropriate, with
    nongovernmental organizations involved in the protection and promotion
    of such rights and the United States Commission on International
    Religious Freedom with respect to the training required by this
    subsection.
        (c) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall submit to the appropriate
    congressional committees a report containing a description of the
    current and planned training provided to Foreign Service officers in
    human rights and democracy promotion, including such training provided
    to chiefs of mission serving or preparing to serve in nondemocratic
    countries or democratic transition countries.
    SEC. 2142. SENSE OF CONGRESS REGARDING ADVANCE DEMOCRACY AWARD.
        It is the sense of Congress that--
            (1) the Secretary should further strengthen the capacity of the
        Department to carry out results-based democracy promotion efforts
        through the establishment of an annual award to be known as the
        ``Outstanding Achievements in Advancing Democracy Award'', or the
        ``ADVANCE Democracy Award'', that would be awarded to officers or
        employees of the Department; and
            (2) the Secretary should establish procedures for selecting
        recipients of such award, including any financial terms associated
        with such award.
    SEC. 2143. PERSONNEL POLICIES AT THE DEPARTMENT OF STATE.
        In addition to the awards and other incentives already implemented,
    the Secretary should increase incentives for members of the Foreign
    Service and other employees of the Department who take assignments
    relating to the promotion of democracy and the protection of human
    rights, including the following:
            (1) Providing performance pay under section 405 of the Foreign
        Service Act of 1980 (22 U.S.C. 3965) to such members and employees
        who carry out their assignment in an outstanding manner.
            (2) Considering such an assignment as a basis for promotion
        into the Senior Foreign Service.
            (3) Providing Foreign Service Awards under section 614 of the
        Foreign Service Act of 1980 (22 U.S.C. 4013) to such members and
        employees who provide distinguished or meritorious service in the
        promotion of democracy or the protection of human rights.

               Subtitle E--Cooperation With Democratic Countries

    SEC. 2151. COOPERATION WITH DEMOCRATIC COUNTRIES.
        (a) Sense of Congress.--It is the sense of Congress that the United
    States should cooperate with other democratic countries to--
            (1) promote and protect democratic principles, practices, and
        values;
            (2) promote and protect shared political, social, and economic
        freedoms, including the freedoms of association, of expression, of
        the press, of religion, and to own private property;
            (3) promote and protect respect for the rule of law;
            (4) develop, adopt, and pursue strategies to advance common
        interests in international organizations and multilateral
        institutions to which members of cooperating democratic countries
        belong; and
            (5) provide political, economic, and other necessary support to
        countries that are undergoing a transition to democracy.
        (b) Community of Democracies.--
            (1) Sense of congress.--It is the sense of Congress that--
                (A) the Community of Democracies should develop a more
            formal mechanism for carrying out work between ministerial
            meetings, such as through the creation of a permanent
            secretariat with appropriate staff to carry out such work, and
            should establish a headquarters; and
                (B) nondemocratic countries should not participate in any
            association or group of democratic countries aimed at working
            together to promote democracy.
            (2) Detail of personnel.--The Secretary is authorized to detail
        on a nonreimbursable basis any employee of the Department to any
        permanent secretariat of the Community of Democracies or to the
        government of any country that is a member of the Convening Group
        of the Community of Democracies.
        (c) Establishment of an Office for Multilateral Democracy
    Promotion.--The Secretary should establish an office of multilateral
    democracy promotion with the mission to further develop and strengthen
    the institutional structure of the Community of Democracies, develop
    interministerial projects, enhance the United Nations Democracy Caucus,
    manage policy development of the United Nations Democracy Fund, and
    enhance coordination with other regional and multilateral bodies with
    jurisdiction over democracy issues.
        (d) International Center for Democratic Transition.--
            (1) Sense of congress.--It is the sense of Congress that the
        International Center for Democratic Transition, an initiative of
        the Government of Hungary, serves to promote practical projects and
        the sharing of best practices in the area of democracy promotion
        and should be supported by, in particular, the United States, other
        European countries with experiences in democratic transitions, and
        private individuals.
            (2) Authorization of appropriations.--There is authorized to be
        appropriated $1,000,000 for each of fiscal years 2008, 2009, and
        2010 to the Secretary for a grant to the International Center for
        Democratic Transition. Amounts appropriated under this paragraph
        are authorized to remain available until expended.

                 Subtitle F--Funding for Promotion of Democracy

    SEC. 2161. THE UNITED NATIONS DEMOCRACY FUND.
        (a) Sense of Congress.--It is the sense of Congress that the United
    States should work with other countries to enhance the goals and work
    of the United Nations Democracy Fund, an essential tool to promote
    democracy, and in particular support civil society in foreign countries
    in their efforts to help consolidate democracy and bring about
    transformational change.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated $14,000,000 for each of fiscal years 2008 and 2009 to the
    Secretary for a United States contribution to the United Nations
    Democracy Fund.
    SEC. 2162. UNITED STATES DEMOCRACY ASSISTANCE PROGRAMS.
        (a) Sense of Congress Regarding Use of Instruments of Democracy
    Promotion.--It is the sense of Congress that--
            (1) United States support for democracy is strengthened by
        using a variety of different instrumentalities, such as the
        National Endowment for Democracy, the United States Agency for
        International Development, and the Department; and
            (2) the purpose of the Department's Human Rights and Democracy
        Fund should be to support innovative programming, media, and
        materials designed to uphold democratic principles, practices, and
        values, support and strengthen democratic institutions, promote
        human rights and the rule of law, and build civil societies in
        countries around the world.
        (b) Sense of Congress Regarding Mechanisms for Delivering
    Assistance.--
            (1) Findings.--Congress finds the following:
                (A) Democracy assistance has many different forms,
            including assistance to promote the rule of law, build the
            capacity of civil society, political parties, and legislatures,
            improve the independence of the media and the judiciary,
            enhance independent auditing functions, and advance security
            sector reform.
                (B) There is a need for greater clarity on the coordination
            and delivery mechanisms for United States democracy assistance.
            (2) Sense of congress.--It is the sense of Congress that the
        Secretary and the Administrator of the United States Agency for
        International Development should develop guidelines, in
        consultation with the appropriate congressional committees,
        building on the existing framework for grants, cooperative
        agreements, contracts, and other acquisition mechanisms to guide
        United States missions in foreign countries in coordinating United
        States democracy assistance and selecting the appropriate
        combination of such mechanisms for such assistance.

               TITLE XXII--INTEROPERABLE EMERGENCY COMMUNICATIONS

    SEC. 2201. INTEROPERABLE EMERGENCY COMMUNICATIONS.
        (a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309
    note) is amended--
            (1) by striking paragraphs (1) and (2) of subsection (a) and
        inserting the following:
            ``(1) may take such administrative action as is necessary to
        establish and implement--
                ``(A) a grant program to assist public safety agencies in
            the planning and coordination associated with, the acquisition
            of, deployment of, or training for the use of interoperable
            communications equipment, software and systems that--
                    ``(i) utilize reallocated public safety spectrum for
                radio communication;
                    ``(ii) enable interoperability with communications
                systems that can utilize reallocated public safety spectrum
                for radio communication; or
                    ``(iii) otherwise improve or advance the
                interoperability of public safety communications systems
                that utilize other public safety spectrum bands; and
                ``(B) are used to establish and implement a strategic
            technology reserve to pre-position or secure interoperable
            communications in advance for immediate deployment in an
            emergency or major disaster;
            ``(2) shall make payments of not to exceed $1,000,000,000, in
        the aggregate, through fiscal year 2010 from the Digital Television
        Transition and Public Safety Fund established under section
        309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C.
        309(j)(8)(E)) to carry out the grant program established under
        paragraph (1), of which at least $75,000,000, in the aggregate,
        shall be used for purposes described in paragraph (1)(B); and
            ``(3) shall permit any funds allocated for use under paragraph
        (1)(B) to be used for purposes identified under paragraph (1)(A),
        if the public safety agency demonstrates that it has already
        implemented such a strategic technology reserve or demonstrates
        higher priority public safety communications needs.'';
            (2) by redesignating subsections (b), (c), and (d) as
        subsections (h), (i), and (j), respectively, and inserting after
        subsection (a) the following:
        ``(b) Eligibility.--To be eligible for assistance under the grant
    program established under subparagraph (a)(1)(A), an applicant shall
    submit an application, at such time, in such form, and containing such
    information as the Assistant Secretary may require, including a
    detailed explanation of how assistance received under the program would
    be used to improve communications interoperability and ensure
    interoperability with other public safety agencies in an emergency or a
    major disaster.
        ``(c) Criteria for Strategic Technology Reserves.--
            ``(1) In general.--In evaluating permitted uses under
        subparagraph (a)(1)(B), the Assistant Secretary shall consider the
        continuing technological evolution of communications technologies
        and devices, with its implicit risk of obsolescence, and shall
        ensure, to the maximum extent feasible, that a substantial part of
        the reserve involves prenegotiated contracts and other arrangements
        for rapid deployment of equipment, supplies, and systems (and
        communications service related to such equipment, supplies, and
        systems), rather than the warehousing or storage of equipment and
        supplies currently available at the time the reserve is
        established.
            ``(2) Requirements and characteristics.--Funds provided to meet
        uses described in paragraph (1) shall be used in support of
        reserves that--
                ``(A) are capable of re-establishing communications when
            existing critical infrastructure is damaged or destroyed in an
            emergency or a major disaster;
                ``(B) include appropriate current, widely-used equipment,
            such as Land Mobile Radio Systems, cellular telephones and
            satellite-enabled equipment (and related communications
            service), Cells-On-Wheels, Cells-On-Light-Trucks, or other
            self-contained mobile cell sites that can be towed, backup
            batteries, generators, fuel, and computers;
                ``(C) include equipment on hand for the Governor of each
            State, key emergency response officials, and appropriate State
            or local personnel;
                ``(D) include contracts (including prenegotiated contracts)
            for rapid delivery of the most current technology available
            from commercial sources; and
                ``(E) include arrangements for training to ensure that
            personnel are familiar with the operation of the equipment and
            devices to be delivered pursuant to such contracts.
            ``(3) Additional characteristics.--Portions of the reserve may
        be virtual and may include items donated on an in-kind contribution
        basis.
            ``(4) Allocation of funds.--In evaluating permitted uses under
        subparagraph (a)(1)(B), the Assistant Secretary shall take into
        account barriers to immediate deployment, including time and
        distance, that may slow the rapid deployment of equipment,
        supplies, and systems (and communications service related to such
        equipment, supplies, and systems) in the event of an emergency in
        any State.
        ``(d) Voluntary Consensus Standards.--In carrying out this section,
    the Assistant Secretary, in cooperation with the Secretary of Homeland
    Security, shall identify and, if necessary, encourage the development
    and implementation of, voluntary consensus standards for interoperable
    communications systems to the greatest extent practicable, but shall
    not require any such standard.
        ``(e) Inspector General Report and Audits.--
            ``(1) Report.--Beginning with the first fiscal year beginning
        after the date of enactment of the Implementing Recommendations of
        the 9/11 Commission Act of 2007, the Inspector General of the
        Department of Commerce shall conduct an annual assessment of the
        management of the grant program implemented under subsection (a)(1)
        and transmit a report containing the findings of that assessment
        and any recommendations related thereto to the Senate Committee on
        Commerce, Science, and Transportation and the House of
        Representatives Committee on Energy and Commerce.
            ``(2) Audits.--Beginning with the first fiscal year beginning
        after the date of enactment of the Implementing Recommendations of
        the 9/11 Commission Act of 2007, the Inspector General of the
        Department of Commerce shall conduct financial audits of entities
        receiving grants from the program implemented under subsection
        (a)(1), and shall ensure that, over the course of 4 years, such
        audits cover recipients in a representative sample of not fewer
        than 25 States or territories. The results of any such audits shall
        be made publicly available via web site, subject to redaction as
        the Inspector General determines necessary to protect classified
        and other sensitive information.
        ``(f) Rule of Construction.--Nothing in this section shall be
    construed or interpreted to preclude the use of funds under this
    section by any public safety agency for interim- or long-term Internet
    Protocol-based interoperable solutions.''; and
            (3) by striking paragraph (3) of subsection (j), as so
        redesignated.
        (b) FCC Vulnerability Assessment and Report on Emergency
    Communications Back-up System.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Federal Communications Commission shall
        conduct a vulnerability assessment of the Nation's critical
        communications and information systems infrastructure and shall
        evaluate the technical feasibility of creating a back-up emergency
        communications system that complements existing communications
        resources and takes into account next generation and advanced
        communications technologies. The overriding objective for the
        evaluation shall be providing a framework for the development of a
        resilient interoperable communications system for emergency
        responders in an emergency. The Commission shall consult with the
        National Communications System and shall evaluate all reasonable
        options, including satellites, wireless, and terrestrial-based
        communications systems and other alternative transport mechanisms
        that can be used in tandem with existing technologies.
            (2) Factors to be evaluated.--The evaluation under paragraph
        (1) shall include--
                (A) a survey of all Federal agencies that use terrestrial
            or satellite technology for communications security and an
            evaluation of the feasibility of using existing systems for the
            purpose of creating such an emergency back-up public safety
            communications system;
                (B) the feasibility of using private satellite, wireless,
            or terrestrial networks for emergency communications;
                (C) the technical options, cost, and deployment methods of
            software, equipment, handsets or desktop communications devices
            for public safety entities in major urban areas, and
            nationwide; and
                (D) the feasibility and cost of necessary changes to the
            network operations center of terrestrial-based or satellite
            systems to enable the centers to serve as emergency back-up
            communications systems.
            (3) Report.--
                (A) In general.--Upon the completion of the evaluation
            under subsection (a), the Commission shall submit a report to
            Congress that details the findings of the evaluation, including
            a full inventory of existing public and private resources most
            efficiently capable of providing emergency communications.
                (B) Classified index.--The report on critical
            infrastructure under this subsection may contain a classified
            annex.
                (C) Retention of classification.--The classification of
            information required to be provided to Congress or any other
            department or agency under this section by the Federal
            Communications Commission, including the assignment of a level
            of classification of such information, shall be binding on
            Congress and any other department or agency.
        (c) Joint Advisory Committee on Communications Capabilities of
    Emergency Medical and Public Health Care Facilities.--
            (1) Establishment.--The Assistant Secretary of Commerce for
        Communications and Information and the Chairman of the Federal
        Communications Commission, in consultation with the Secretary of
        Homeland Security and the Secretary of Health and Human Services,
        shall establish a joint advisory committee to examine the
        communications capabilities and needs of emergency medical and
        public health care facilities. The joint advisory committee shall
        be composed of individuals with expertise in communications
        technologies and emergency medical and public health care,
        including representatives of Federal, State and local governments,
        industry and non-profit health organizations, and academia and
        educational institutions.
            (2) Duties.--The joint advisory committee shall--
                (A) assess specific communications capabilities and needs
            of emergency medical and public health care facilities,
            including the improvement of basic voice, data, and broadband
            capabilities;
                (B) assess options to accommodate growth of basic and
            emerging communications services used by emergency medical and
            public health care facilities;
                (C) assess options to improve integration of communications
            systems used by emergency medical and public health care
            facilities with existing or future emergency communications
            networks; and
                (D) report its findings to the Senate Committee on
            Commerce, Science, and Transportation and the House of
            Representatives Committee on Energy and Commerce, within 6
            months after the date of enactment of this Act.
        (d) Authorization of Emergency Medical and Public Health
    Communications Pilot Projects.--
            (1) In general.--The Assistant Secretary of Commerce for
        Communications and Information may establish not more than 10
        geographically dispersed project grants to emergency medical and
        public health care facilities to improve the capabilities of
        emergency communications systems in emergency medical care
        facilities.
            (2) Maximum amount.--The Assistant Secretary may not provide
        more than $2,000,000 in Federal assistance under the pilot program
        to any applicant.
            (3) Cost sharing.--The Assistant Secretary may not provide more
        than 20 percent of the cost, incurred during the period of the
        grant, of any project under the pilot program.
            (4) Maximum period of grants.--The Assistant Secretary may not
        fund any applicant under the pilot program for more than 3 years.
            (5) Deployment and distribution.--The Assistant Secretary shall
        seek to the maximum extent practicable to ensure a broad geographic
        distribution of project sites.
            (6) Transfer of information and knowledge.--The Assistant
        Secretary shall establish mechanisms to ensure that the information
        and knowledge gained by participants in the pilot program are
        transferred among the pilot program participants and to other
        interested parties, including other applicants that submitted
        applications.
    SEC. 2202. CLARIFICATION OF CONGRESSIONAL INTENT.
        The Federal departments and agencies (including independent
    agencies) identified under the provisions of this title and title III
    of this Act and title VI of Public Law 109-295 shall carry out their
    respective duties and responsibilities in a manner that does not impede
    the implementation of requirements specified under this title and title
    III of this Act and title VI of Public Law 109-295. Notwithstanding the
    obligations under section 1806 of Public Law 109-295, the provisions of
    this title and title III of this Act and title VI of Public Law 109-295
    shall not preclude or obstruct any such department or agency from
    exercising its other authorities related to emergency communications
    matters.
    SEC. 2203. CROSS BORDER INTEROPERABILITY REPORTS.
        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Federal Communications Commission, in consultation
    with the Department of Homeland Security's Office of Emergency
    Communications, the Office of Management of Budget, and the Department
    of State shall report to the Senate Committee on Commerce, Science, and
    Transportation and the House of Representatives Committee on Energy and
    Commerce on--
            (1) the status of the mechanism established by the President
        under section 7303(c) of the Intelligence Reform and Terrorism
        Prevention Act of 2004 (6 U.S.C. 194(c)) for coordinating cross
        border interoperability issues between--
                (A) the United States and Canada; and
                (B) the United States and Mexico;
            (2) the status of treaty negotiations with Canada and Mexico
        regarding the coordination of the re-banding of 800 megahertz
        radios, as required under the final rule of the Federal
        Communication Commission in the ``Private Land Mobile Services; 800
        MHz Public Safety Interface Proceeding'' (WT Docket No. 02-55; ET
        Docket No. 00-258; ET Docket No. 95-18, RM-9498; RM-10024; FCC 04-
        168) including the status of any outstanding issues in the
        negotiations between--
                (A) the United States and Canada; and
                (B) the United States and Mexico;
            (3) communications between the Commission and the Department of
        State over possible amendments to the bilateral legal agreements
        and protocols that govern the coordination process for license
        applications seeking to use channels and frequencies above Line A;
            (4) the annual rejection rate for the last 5 years by the
        United States of applications for new channels and frequencies by
        Canadian private and public entities; and
            (5) any additional procedures and mechanisms that can be taken
        by the Commission to decrease the rejection rate for applications
        by United States private and public entities seeking licenses to
        use channels and frequencies above Line A.
        (b) Updated Reports to Be Filed on the Status of Treaty of
    Negotiations.--The Federal Communications Commission, in conjunction
    with the Department of Homeland Security, the Office of Management of
    Budget, and the Department of State shall continually provide updated
    reports to the Committee on Commerce, Science, and Transportation of
    the Senate and the Committee on Energy and Commerce of the House of
    Representatives on the status of treaty negotiations under subsection
    (a)(2) until the appropriate United States treaty has been revised with
    each of--
            (1) Canada; and
            (2) Mexico.
        (c) International Negotiations To Remedy Situation.--Not later than
    90 days after the date of enactment of this Act, the Secretary of the
    Department of State shall report to Congress on--
            (1) the current process for considering applications by Canada
        for frequencies and channels by United States communities above
        Line A;
            (2) the status of current negotiations to reform and revise
        such process;
            (3) the estimated date of conclusion for such negotiations;
            (4) whether the current process allows for automatic denials or
        dismissals of initial applications by the Government of Canada, and
        whether such denials or dismissals are currently occurring; and
            (5) communications between the Department of State and the
        Federal Communications Commission pursuant to subsection (a)(3).
    SEC. 2204. EXTENSION OF SHORT QUORUM.
        Notwithstanding section 4(d) of the Consumer Product Safety Act (15
    U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission,
    if they are not affiliated with the same political party, shall
    constitute a quorum for the 6-month period beginning on the date of
    enactment of this Act.
    SEC. 2205. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
        In addition to the committees specifically enumerated to receive
    reports under this title, any report transmitted under the provisions
    of this title shall also be transmitted to the appropriate
    congressional committees (as defined in section 2(2) of the Homeland
    Security Act of 2002 (6 U.S.C. 101(2))).

              TITLE XXIII--EMERGENCY COMMUNICATIONS MODERNIZATION

    SEC. 2301. SHORT TITLE.
        This title may be cited as the ``Improving Emergency Communications
    Act of 2007''.
    SEC. 2302. FUNDING FOR PROGRAM.
        Section 3011 of the Digital Television Transition and Public Safety
    Act of 2005 (Public Law 109-171; 47 U.S.C. 309 note) is amended--
            (1) by striking ``The'' and inserting:
        ``(a) In General.--The''; and
            (2) by adding at the end the following:
        ``(b) Credit.--The Assistant Secretary may borrow from the
    Treasury, upon enactment of the 911 Modernization Act, such sums as
    necessary, but not to exceed $43,500,000, to implement this section.
    The Assistant Secretary shall reimburse the Treasury, without interest,
    as funds are deposited into the Digital Television Transition and
    Public Safety Fund.''.
    SEC. 2303. NTIA COORDINATION OF E-911 IMPLEMENTATION.
        Section 158(b)(4) of the National Telecommunications and
    Information Administration Organization Act (47 U.S.C. 942(b)(4)) is
    amended by adding at the end thereof the following: ``Within 180 days
    after the date of enactment of the 911 Modernization Act, the Assistant
    Secretary and the Administrator shall jointly issue regulations
    updating the criteria to allow a portion of the funds to be used to
    give priority to grants that are requested by public safety answering
    points that were not capable of receiving 911 calls as of the date of
    enactment of that Act, for the incremental cost of upgrading from Phase
    I to Phase II compliance. Such grants shall be subject to all other
    requirements of this section.''.

                      TITLE XXIV--MISCELLANEOUS PROVISIONS

    SEC. 2401. QUADRENNIAL HOMELAND SECURITY REVIEW.
        (a) Review Required.--Title VII of the Homeland Security Act of
    2002 is amended by adding at the end the following:
        ``SEC. 707. QUADRENNIAL HOMELAND SECURITY REVIEW.
        ``(a) Requirement.--
            ``(1) Quadrennial reviews required.--In fiscal year 2009, and
        every 4 years thereafter, the Secretary shall conduct a review of
        the homeland security of the Nation (in this section referred to as
        a `quadrennial homeland security review').
            ``(2) Scope of reviews.--Each quadrennial homeland security
        review shall be a comprehensive examination of the homeland
        security strategy of the Nation, including recommendations
        regarding the long-term strategy and priorities of the Nation for
        homeland security and guidance on the programs, assets,
        capabilities, budget, policies, and authorities of the Department.
            ``(3) Consultation.--The Secretary shall conduct each
        quadrennial homeland security review under this subsection in
        consultation with--
                ``(A) the heads of other Federal agencies, including the
            Attorney General, the Secretary of State, the Secretary of
            Defense, the Secretary of Health and Human Services, the
            Secretary of the Treasury, the Secretary of Agriculture, and
            the Director of National Intelligence;
                ``(B) key officials of the Department; and
                ``(C) other relevant governmental and nongovernmental
            entities, including State, local, and tribal government
            officials, members of Congress, private sector representatives,
            academics, and other policy experts.
            ``(4) Relationship with future years homeland security
        program.--The Secretary shall ensure that each review conducted
        under this section is coordinated with the Future Years Homeland
        Security Program required under section 874.
        ``(b) Contents of Review.--In each quadrennial homeland security
    review, the Secretary shall--
            ``(1) delineate and update, as appropriate, the national
        homeland security strategy, consistent with appropriate national
        and Department strategies, strategic plans, and Homeland Security
        Presidential Directives, including the National Strategy for
        Homeland Security, the National Response Plan, and the Department
        Security Strategic Plan;
            ``(2) outline and prioritize the full range of the critical
        homeland security mission areas of the Nation;
            ``(3) describe the interagency cooperation, preparedness of
        Federal response assets, infrastructure, budget plan, and other
        elements of the homeland security program and policies of the
        Nation associated with the national homeland security strategy,
        required to execute successfully the full range of missions called
        for in the national homeland security strategy described in
        paragraph (1) and the homeland security mission areas outlined
        under paragraph (2);
            ``(4) identify the budget plan required to provide sufficient
        resources to successfully execute the full range of missions called
        for in the national homeland security strategy described in
        paragraph (1) and the homeland security mission areas outlined
        under paragraph (2);
            ``(5) include an assessment of the organizational alignment of
        the Department with the national homeland security strategy
        referred to in paragraph (1) and the homeland security mission
        areas outlined under paragraph (2); and
            ``(6) review and assess the effectiveness of the mechanisms of
        the Department for executing the process of turning the
        requirements developed in the quadrennial homeland security review
        into an acquisition strategy and expenditure plan within the
        Department.
        ``(c) Reporting.--
            ``(1) In general.--Not later than December 31 of the year in
        which a quadrennial homeland security review is conducted, the
        Secretary shall submit to Congress a report regarding that
        quadrennial homeland security review.
            ``(2) Contents of report.--Each report submitted under
        paragraph (1) shall include--
                ``(A) the results of the quadrennial homeland security
            review;
                ``(B) a description of the threats to the assumed or
            defined national homeland security interests of the Nation that
            were examined for the purposes of that review;
                ``(C) the national homeland security strategy, including a
            prioritized list of the critical homeland security missions of
            the Nation;
                ``(D) a description of the interagency cooperation,
            preparedness of Federal response assets, infrastructure, budget
            plan, and other elements of the homeland security program and
            policies of the Nation associated with the national homeland
            security strategy, required to execute successfully the full
            range of missions called for in the applicable national
            homeland security strategy referred to in subsection (b)(1) and
            the homeland security mission areas outlined under subsection
            (b)(2);
                ``(E) an assessment of the organizational alignment of the
            Department with the applicable national homeland security
            strategy referred to in subsection (b)(1) and the homeland
            security mission areas outlined under subsection (b)(2),
            including the Department's organizational structure, management
            systems, budget and accounting systems, human resources
            systems, procurement systems, and physical and technical
            infrastructure;
                ``(F) a discussion of the status of cooperation among
            Federal agencies in the effort to promote national homeland
            security;
                ``(G) a discussion of the status of cooperation between the
            Federal Government and State, local, and tribal governments in
            preventing terrorist attacks and preparing for emergency
            response to threats to national homeland security;
                ``(H) an explanation of any underlying assumptions used in
            conducting the review; and
                ``(I) any other matter the Secretary considers appropriate.
            ``(3) Public availability.--The Secretary shall, consistent
        with the protection of national security and other sensitive
        matters, make each report submitted under paragraph (1) publicly
        available on the Internet website of the Department.
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this
    section.''.
        (b) Preparation for Quadrennial Homeland Security Review.--
            (1) In general.--During fiscal years 2007 and 2008, the
        Secretary of Homeland Security shall make preparations to conduct
        the first quadrennial homeland security review under section 707 of
        the Homeland Security Act of 2002, as added by subsection (a), in
        fiscal year 2009, including--
                (A) determining the tasks to be performed;
                (B) estimating the human, financial, and other resources
            required to perform each task;
                (C) establishing the schedule for the execution of all
            project tasks;
                (D) ensuring that these resources will be available as
            needed; and
                (E) all other preparations considered necessary by the
            Secretary.
            (2) Report.--Not later than 60 days after the date of enactment
        of this Act, the Secretary shall submit to Congress and make
        publicly available on the Internet website of the Department of
        Homeland Security a detailed resource plan specifying the estimated
        budget and number of staff members that will be required for
        preparation of the first quadrennial homeland security review.
        (c) Clerical Amendment.--The table of sections in section 1(b) of
    such Act is amended by inserting after the item relating to section 706
    the following new item:

    ``Sec. 707. Quadrennial Homeland Security Review.''.
    SEC. 2402. SENSE OF THE CONGRESS REGARDING THE PREVENTION OF
    RADICALIZATION LEADING TO IDEOLOGICALLY-BASED VIOLENCE.
        (a) Findings.--Congress finds the following:
            (1) The United States is engaged in a struggle against a
        transnational terrorist movement of radical extremists that plans,
        prepares for, and engages in acts of ideologically-based violence
        worldwide.
            (2) The threat of radicalization that leads to ideologically-
        based violence transcends borders and has been identified as a
        potential threat within the United States.
            (3) Radicalization has been identified as a precursor to
        terrorism caused by ideologically-based groups.
            (4) Countering the threat of violent extremists domestically,
        as well as internationally, is a critical element of the plan of
        the United States for success in the fight against terrorism.
            (5) United States law enforcement agencies have identified
        radicalization that leads to ideologically-based violence as an
        emerging threat and have in recent years identified cases of
        extremists operating inside the United States, known as
        ``homegrown'' extremists, with the intent to provide support for,
        or directly commit, terrorist attacks.
            (6) Alienation of Muslim populations in the Western world has
        been identified as a factor in the spread of radicalization that
        could lead to ideologically-based violence.
            (7) Many other factors have been identified as contributing to
        the spread of radicalization and resulting acts of ideologically-
        based violence. Among these is the appeal of left-wing and right-
        wing hate groups, and other hate groups, including groups operating
        in prisons. Other such factors must be examined and countered as
        well in order to protect the homeland from violent extremists of
        every kind.
            (8) Radicalization leading to ideologically-based violence
        cannot be prevented solely through law enforcement and intelligence
        measures.
        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary of Homeland Security, in consultation with other relevant
    Federal agencies, should make a priority of countering domestic
    radicalization that leads to ideologically-based violence by--
            (1) using intelligence analysts and other experts to better
        understand the process of radicalization from sympathizer to
        activist to terrorist;
            (2) recruiting employees with diverse worldviews, skills,
        languages, and cultural backgrounds, and expertise;
            (3) consulting with experts to ensure that the lexicon used
        within public statements is precise and appropriate and does not
        aid extremists by offending religious, ethnic, and minority
        communities;
            (4) addressing prisoner radicalization and post-sentence
        reintegration, in concert with the Attorney General and State and
        local corrections officials;
            (5) pursuing broader avenues of dialogue with minority
        communities, including the American Muslim community, to foster
        mutual respect, understanding, and trust; and
            (6) working directly with State, local, and community leaders
        to--
                (A) educate such leaders about the threat of radicalization
            that leads to ideologically-based violence and the necessity of
            taking preventative action at the local level; and
                (B) facilitate the sharing of best practices from other
            countries and communities to encourage outreach to minority
            communities, including the American Muslim community, and
            develop partnerships among and between all religious faiths and
            ethnic groups.
    SEC. 2403. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.
        The Committee on Commerce, Science, and Transportation of the
    Senate shall receive the reports required by the following provisions
    of law in the same manner and to the same extent that the reports are
    to be received by the Committee on Homeland Security and Governmental
    Affairs of the Senate:
            (1) Section 1016(j)(1) of the Intelligence Reform and Terrorist
        Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
            (2) Section 511(d) of this Act.
            (3) Subsection (a)(3)(D) of section 2022 of the Homeland
        Security Act of 2002, as added by section 101 of this Act.
            (4) Section 7215(d) of the Intelligence Reform and Terrorism
        Prevention Act of 2004 (6 U.S.C. 123(d)).
            (5) Section 7209(b)(1)(C) of the Intelligence Reform and
        Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
            (6) Section 804(c) of this Act.
            (7) Section 901(b) of this Act.
            (8) Section 1002(a) of this Act.
            (9) Title III of this Act.
    SEC. 2404. DEMONSTRATION PROJECT.
        (a) Demonstration Project Required.--Not later than 120 days after
    the date of enactment of this Act, the Secretary of Homeland Security
    shall--
            (1) establish a demonstration project to conduct demonstrations
        of security management systems that--
                (A) shall use a management system standards approach; and
                (B) may be integrated into quality, safety, environmental
            and other internationally adopted management systems; and
            (2) enter into one or more agreements with a private sector
        entity to conduct such demonstrations of security management
        systems.
        (b) Security Management System Defined.--In this section, the term
    `security management system' means a set of guidelines that address the
    security assessment needs of critical infrastructure and key resources
    that are consistent with a set of generally accepted management
    standards ratified and adopted by a standards making body.
    SEC. 2405. UNDER SECRETARY FOR MANAGEMENT OF DEPARTMENT OF HOMELAND
    SECURITY.
        (a) Responsibilities.--Section 701(a) of the Homeland Security Act
    of 2002 (6 U.S.C. 341) is amended--
            (1) by inserting ``The Under Secretary for Management shall
        serve as the Chief Management Officer and principal advisor to the
        Secretary on matters related to the management of the Department,
        including management integration and transformation in support of
        homeland security operations and programs.'' before ``The
        Secretary'';
            (2) by striking paragraph (7) and inserting the following:
            ``(7) Strategic management planning and annual performance
        planning and identification and tracking of performance measures
        relating to the responsibilities of the Department.''; and
            (3) by striking paragraph (9), and inserting the following:
            ``(9) The management integration and transformation process, as
        well as the transition process, to ensure an efficient and orderly
        consolidation of functions and personnel in the Department and
        transition, including--
                ``(A) the development of a management integration strategy
            for the Department, and
                ``(B) before December 1 of any year in which a Presidential
            election is held, the development of a transition and
            succession plan, to be made available to the incoming Secretary
            and Under Secretary for Management, to guide the transition of
            management functions to a new Administration.''.
        (b) Appointment and Evaluation.--Section 701 of the Homeland
    Security Act of 2002 (6 U.S.C. 341), as amended by subsection (a), is
    further amended by adding at the end the following:
        ``(c) Appointment and Evaluation.--The Under Secretary for
    Management shall--
            ``(1) be appointed by the President, by and with the advice and
        consent of the Senate, from among persons who have--
                ``(A) extensive executive level leadership and management
            experience in the public or private sector;
                ``(B) strong leadership skills;
                ``(C) a demonstrated ability to manage large and complex
            organizations; and
                ``(D) a proven record in achieving positive operational
            results;
            ``(2) enter into an annual performance agreement with the
        Secretary that shall set forth measurable individual and
        organizational goals; and
            ``(3) be subject to an annual performance evaluation by the
        Secretary, who shall determine as part of each such evaluation
        whether the Under Secretary for Management has made satisfactory
        progress toward achieving the goals set out in the performance
        agreement required under paragraph (2).''.
        (c) Deadline for Appointment; Incumbent.--
            (1) Deadline for appointment.--Not later than 90 days after the
        date of the enactment of this Act, the Secretary of Homeland
        Security shall name an individual who meets the qualifications of
        section 701 of the Homeland Security Act (6 U.S.C. 341), as amended
        by subsections (a) and (b), to serve as the Under Secretary of
        Homeland Security for Management. The Secretary may submit the name
        of the individual who serves in the position of Under Secretary of
        Homeland Security for Management on the date of enactment of this
        Act together with a statement that informs the Congress that the
        individual meets the qualifications of such section as so amended.
            (2) Incumbent.--The incumbent serving as Under Secretary of
        Homeland Security for Management on November 4, 2008, is authorized
        to continue serving in that position until a successor is
        confirmed, to ensure continuity in the management functions of the
        Department.
        (d) Sense of Congress With Respect to Service of Incumbents.--It is
    the sense of the Congress that the person serving as Under Secretary of
    Homeland Security for Management on the date on which a Presidential
    election is held should be encouraged by the newly-elected President to
    remain in office in a new Administration until such time as a successor
    is confirmed by Congress.
        (e) Executive Schedule.--Section 5313 of title 5, United States
    Code, is amended by inserting after the item relating to the Deputy
    Secretary of Homeland Security the following:
        ``Under Secretary of Homeland Security for Management.''.

                                   Speaker of the House of Representatives.

                                Vice President of the United States and
                                                   President of the Senate.