[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 4 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
110th CONGRESS
  1st Session
                                  S. 4

_______________________________________________________________________

                                 AN ACT


 
   To make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
   effectively, to improve homeland security, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Improving America's Security Act of 
2007''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Department.--The term ``Department'' means the 
        Department of Homeland Security.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.

SEC. 3. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Table of contents.
  TITLE I--IMPROVING INTELLIGENCE AND INFORMATION SHARING WITHIN THE 
    FEDERAL GOVERNMENT AND WITH STATE, LOCAL, AND TRIBAL GOVERNMENTS

     Subtitle A--Homeland Security Information Sharing Enhancement

Sec. 111. Homeland Security Advisory System and information sharing.
Sec. 112. Information sharing.
Sec. 113. Intelligence training development for State and local 
                            government officials.
Sec. 114. Information sharing incentives.
     Subtitle B--Homeland Security Information Sharing Partnerships

Sec. 121. State, Local, and Regional Fusion Center Initiative.
Sec. 122. Homeland Security Information Sharing Fellows Program.
Sec. 123. Rural Policing Institute.
    Subtitle C--Interagency Threat Assessment and Coordination Group

Sec. 131. Interagency Threat Assessment and Coordination Group.
                   TITLE II--HOMELAND SECURITY GRANTS

Sec. 201. Short title.
Sec. 202. Homeland Security Grant Program.
Sec. 203. Equipment technical assistance training.
Sec. 204. Technical and conforming amendments.
       TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

Sec. 301. Dedicated funding to achieve emergency communications 
                            operability and interoperable 
                            communications.
Sec. 302. Border Interoperability Demonstration Project.
       TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

Sec. 401. Emergency Management Performance Grants Program.
          TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

Sec. 501. Modernization of the visa waiver program.
Sec. 502. Strengthening the capabilities of the Human Smuggling and 
                            Trafficking Center.
Sec. 503. Enhancements to the Terrorist Travel Program.
Sec. 504. Enhanced driver's license.
Sec. 505. Western Hemisphere Travel Initiative.
Sec. 506. Model ports-of-entry.
             TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS

Sec. 601. Modification of authorities relating to Privacy and Civil 
                            Liberties Oversight Board.
Sec. 602. Privacy and civil liberties officers.
Sec. 603. Department Privacy Officer.
Sec. 604. Federal Agency Data Mining Reporting Act of 2007.
    TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 701. National Biosurveillance Integration Center.
Sec. 702. Biosurveillance efforts.
Sec. 703. Interagency coordination to enhance defenses against nuclear 
                            and radiological weapons of mass 
                            destruction.
                TITLE VIII--PRIVATE SECTOR PREPAREDNESS

Sec. 801. Definitions.
Sec. 802. Responsibilities of the private sector office of the 
                            department.
Sec. 803. Voluntary national preparedness standards compliance; 
                            accreditation and certification program for 
                            the private sector.
Sec. 804. Sense of Congress regarding promoting an international 
                            standard for private sector preparedness.
Sec. 805. Demonstration project.
Sec. 806. Report to Congress.
Sec. 807. Rule of construction.
   TITLE IX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 901. Transportation security strategic planning.
Sec. 902. Transportation security information sharing.
Sec. 903. Transportation Security Administration personnel management.
Sec. 904. Appeal rights and employee engagement mechanism for passenger 
                            and property screeners.
Sec. 905. Plan for 100 percent scanning of cargo containers.
                    TITLE X--INCIDENT COMMAND SYSTEM

Sec. 1001. Preidentifying and evaluating multijurisdictional facilities 
                            to strengthen incident command; private 
                            sector preparedness.
Sec. 1002. Credentialing and typing to strengthen incident command.
              TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION

Sec. 1101. Critical infrastructure protection.
Sec. 1102. Risk assessment and report.
Sec. 1103. Use of existing capabilities.
Sec. 1104. Priorities and allocations.
           TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 1201. Availability to public of certain intelligence funding 
                            information.
Sec. 1202. Response of intelligence community to requests from 
                            Congress.
Sec. 1203. Public Interest Declassification Board.
Sec. 1204. Sense of the Senate regarding a report on the 9/11 
                            Commission recommendations with respect to 
                            intelligence reform and congressional 
                            intelligence oversight reform.
Sec. 1205. Availability of funds for the Public Interest 
                            Declassification Board.
Sec. 1206. Availability of the Executive Summary of the Report on 
                            Central Intelligence Agency Accountability 
                            Regarding the Terrorist Attacks of 
                            September 11, 2001.
  TITLE XIII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1301. Promoting antiterrorism capabilities through international 
                            cooperation.
Sec. 1302. Transparency of funds.
 TITLE XIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

Sec. 1401. Short title.
          Subtitle A--Surface Transportation and Rail Security

Sec. 1411. Definition.
                     PART I--Improved Rail Security

Sec. 1421. Rail transportation security risk assessment.
Sec. 1422. Systemwide Amtrak security upgrades.
Sec. 1423. Fire and life-safety improvements.
Sec. 1424. Freight and passenger rail security upgrades.
Sec. 1425. Rail security research and development.
Sec. 1426. Oversight and grant procedures.
Sec. 1427. Amtrak plan to assist families of passengers involved in 
                            rail passenger accidents.
Sec. 1428. Northern border rail passenger report.
Sec. 1429. Rail worker security training program.
Sec. 1430. Whistleblower protection program.
Sec. 1431. High hazard material security risk mitigation plans.
Sec. 1432. Enforcement authority.
Sec. 1433. Rail security enhancements.
Sec. 1434. Public awareness.
Sec. 1435. Railroad high hazard material tracking.
Sec. 1436. Unified carrier registration system plan agreement.
Sec. 1437. Authorization of appropriations.
Sec. 1438. Applicability of District of Columbia law to certain Amtrak 
                            contracts.
 PART II--Improved Motor Carrier, Bus, and Hazardous Material Security

Sec. 1441. Hazardous materials highway routing.
Sec. 1442. Motor carrier high hazard material tracking.
Sec. 1443. Memorandum of agreement.
Sec. 1444. Hazardous materials security inspections and enforcement.
Sec. 1445. Truck security assessment.
Sec. 1446. National public sector response system.
Sec. 1447. Over-the-road bus security assistance.
Sec. 1448. Pipeline security and incident recovery plan.
Sec. 1449. Pipeline security inspections and enforcement.
Sec. 1450. Technical corrections.
Sec. 1451. Certain personnel limitations not to apply.
Sec. 1452. Maritime and surface transportation security user fee study.
Sec. 1453. DHS Inspector General report on Highway Watch grant program.
Sec. 1454. Prohibition of issuance of transportation security cards to 
                            convicted felons.
Sec. 1455. Prohibition of issuance of transportation security cards to 
                            convicted felons.
               Subtitle B--Aviation Security Improvement

Sec. 1461. Extension of authorization for aviation security funding.
Sec. 1462. Passenger aircraft cargo screening.
Sec. 1463. Blast-resistant cargo containers.
Sec. 1464. Protection of air cargo on passenger planes from explosives.
Sec. 1465. In-line baggage screening.
Sec. 1466. Enhancement of in-line baggage system deployment.
Sec. 1467. Research and development of aviation transportation security 
                            technology.
Sec. 1468. Certain TSA personnel limitations not to apply.
Sec. 1469. Specialized training.
Sec. 1470. Explosive detection at passenger screening checkpoints.
Sec. 1471. Appeal and redress process for passengers wrongly delayed or 
                            prohibited from boarding a flight.
Sec. 1472. Strategic plan to test and implement advanced passenger 
                            prescreening system.
Sec. 1473. Repair station security.
Sec. 1474. General aviation security.
Sec. 1475. Security credentials for airline crews.
Sec. 1476. National explosives detection canine team training center.
Sec. 1477. Law enforcement biometric credential.
Sec. 1478. Employee retention internship program.
Sec. 1479. Pilot project to reduce the number of transportation 
                            security officers at airport exit lanes.
           Subtitle C--Interoperable Emergency Communications

Sec. 1481. Interoperable emergency communications.
Sec. 1482. Rule of construction.
Sec. 1483. Cross border interoperability reports.
Sec. 1484. Extension of short quorum.
Sec. 1485. Requiring reports to be submitted to certain committees.
          TITLE XV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Security assessments.
Sec. 1504. Security assistance grants.
Sec. 1505. Public transportation security training program.
Sec. 1506. Intelligence sharing.
Sec. 1507. Research, development, and demonstration grants and 
                            contracts.
Sec. 1508. Reporting requirements.
Sec. 1509. Authorization of appropriations.
Sec. 1510. Sunset provision.
                  TITLE XVI--MISCELLANEOUS PROVISIONS

Sec. 1601. Deputy Secretary of Homeland Security for Management.
Sec. 1602. Sense of the Senate regarding combating domestic 
                            radicalization.
Sec. 1603. Sense of the Senate regarding oversight of Homeland 
                            Security.
Sec. 1604. Report regarding border security.
Sec. 1605. Law Enforcement Assistance Force.
Sec. 1606. Quadrennial homeland security review.
Sec. 1607. Integration of detection equipment and technologies.
                     TITLE XVII--911 MODERNIZATION

Sec. 1701. Short title.
Sec. 1702. Funding for program.
Sec. 1703. NTIA coordination of E-911 implementation.
     TITLE XVIII--MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS

Sec. 1801. Short title.
Sec. 1802. Findings; Sense of Congress.
Sec. 1803. Organization.
Sec. 1804. Purposes.
Sec. 1805. Membership and chapters.
Sec. 1806. Board of governors.
Sec. 1807. Powers.
Sec. 1808. Annual meeting.
Sec. 1809. Endowment fund.
Sec. 1810. Annual report and audit.
Sec. 1811. Comptroller General of the United States and Office of the 
                            Ombudsman.
              TITLE XIX--ADVANCEMENT OF DEMOCRATIC VALUES

Sec. 1901. Short title.
Sec. 1902. Findings.
Sec. 1903. Statement of policy.
Sec. 1904. Definitions.
  Subtitle A--Liaison Officers and Fellowship Program To Enhance the 
                         Promotion of Democracy

Sec. 1911. Democracy Liaison Officers.
Sec. 1912. Democracy Fellowship Program.
Sec. 1913. Transparency of United States broadcasting to assist in 
                            oversight and ensure promotion of human 
                            rights and democracy in international 
                            broadcasts.
      Subtitle B--Annual Report on Advancing Freedom and Democracy

Sec. 1921. Annual report.
Sec. 1922. Sense of Congress on translation of human rights reports.
Subtitle C--Advisory Committee on Democracy Promotion and the Internet 
                   Website of the Department of State

Sec. 1931. Advisory Committee on Democracy Promotion.
Sec. 1932. Sense of Congress on the Internet website of the Department 
                            of State.
     Subtitle D--Training in Democracy and Human Rights; Promotions

Sec. 1941. Sense of Congress on training in democracy and human rights.
Sec. 1942. Sense of Congress on ADVANCE Democracy Award.
Sec. 1943. Promotions.
Sec. 1944. Programs by United States missions in foreign countries and 
                            activities of chiefs of mission.
            Subtitle E--Alliances With Democratic Countries

Sec. 1951. Alliances with democratic countries.
             Subtitle F--Funding for Promotion of Democracy

Sec. 1961. Sense of Congress on the United Nations Democracy Fund.
Sec. 1962. The Human Rights and Democracy Fund.

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

     Subtitle A--Homeland Security Information Sharing Enhancement

SEC. 111. HOMELAND SECURITY ADVISORY SYSTEM AND INFORMATION SHARING.

    (a) Advisory System and Information Sharing.--
            (1) In general.--Subtitle A of title II of the Homeland 
        Security Act of 2002 (6 U.S.C. 121 et seq.) is amended by 
        adding at the end the following:

``SEC. 203. HOMELAND SECURITY ADVISORY SYSTEM.

    ``(a) Requirement.--The Secretary shall administer the Homeland 
Security Advisory System in accordance with this section to provide 
warnings regarding the risk of terrorist attacks on the homeland to 
Federal, State, local, and tribal government authorities and to the 
people of the United States, as appropriate. The Secretary shall 
exercise primary responsibility for providing such warnings.
    ``(b) Required Elements.--In administering the Homeland Security 
Advisory System, the Secretary shall--
            ``(1) establish criteria for the issuance and revocation of 
        such warnings;
            ``(2) develop a methodology, relying on the criteria 
        established under paragraph (1), for the issuance and 
        revocation of such warnings;
            ``(3) provide, in each such warning, specific information 
        and advice regarding appropriate protective measures and 
        countermeasures that may be taken in response to that risk, at 
        the maximum level of detail practicable to enable individuals, 
        government entities, emergency response providers, and the 
        private sector to act appropriately; and
            ``(4) whenever possible, limit the scope of each such 
        warning to a specific region, locality, or economic sector 
        believed to be at risk.

``SEC. 204. HOMELAND SECURITY INFORMATION SHARING.

    ``(a) Information Sharing.--Consistent with section 1016 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
485), the Secretary shall integrate and standardize the information of 
the intelligence components of the Department, except for any internal 
protocols of such intelligence components, to be administered by the 
Chief Intelligence Officer.
    ``(b) Information Sharing and Knowledge Management Officers.--For 
each intelligence component of the Department, the Secretary shall 
designate an information sharing and knowledge management officer who 
shall report to the Chief Intelligence Officer regarding coordinating 
the different systems used in the Department to gather and disseminate 
homeland security information.
    ``(c) State, Local, and Private-Sector Sources of Information.--
            ``(1) Establishment of business processes.--The Chief 
        Intelligence Officer shall--
                    ``(A) establish Department-wide procedures for the 
                review and analysis of information gathered from 
                sources in State, local, and tribal government and the 
                private sector;
                    ``(B) as appropriate, integrate such information 
                into the information gathered by the Department and 
                other departments and agencies of the Federal 
                Government; and
                    ``(C) make available such information, as 
                appropriate, within the Department and to other 
                departments and agencies of the Federal Government.
            ``(2) Feedback.--The Secretary shall develop mechanisms to 
        provide feedback regarding the analysis and utility of 
        information provided by any entity of State, local, or tribal 
        government or the private sector that gathers information and 
        provides such information to the Department.
    ``(d) Training and Evaluation of Employees.--
            ``(1) Training.--The Chief Intelligence Officer shall 
        provide to employees of the Department opportunities for 
        training and education to develop an understanding of--
                    ``(A) the definition of homeland security 
                information; and
                    ``(B) how information available to such employees 
                as part of their duties--
                            ``(i) might qualify as homeland security 
                        information; and
                            ``(ii) might be relevant to the 
                        intelligence components of the Department.
            ``(2) Evaluations.--The Chief Intelligence Officer shall--
                    ``(A) on an ongoing basis, evaluate how employees 
                of the Office of Intelligence and Analysis and the 
                intelligence components of the Department are utilizing 
                homeland security information, sharing information 
                within the Department, as described in this subtitle, 
                and participating in the information sharing 
                environment established under section 1016 of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 485); and
                    ``(B) provide a report regarding any evaluation 
                under subparagraph (A) to the appropriate component 
                heads.

``SEC. 205. COORDINATION WITH INFORMATION SHARING ENVIRONMENT.

    ``All activities to comply with sections 203 and 204 shall be--
            ``(1) implemented in coordination with the program manager 
        for the information sharing environment established under 
        section 1016 of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 485); and
            ``(2) consistent with and support the establishment of that 
        environment, and any policies, guidelines, procedures, 
        instructions, or standards established by the President or, as 
        appropriate, the program manager for the implementation and 
        management of that environment.''.
            (2) Technical and conforming amendments.--
                    (A) In general.--Section 201(d) of the Homeland 
                Security Act of 2002 (6 U.S.C. 121(d)) is amended--
                            (i) by striking paragraph (7); and
                            (ii) by redesignating paragraphs (8) 
                        through (19) as paragraphs (7) through (18), 
                        respectively.
                    (B) Table of contents.--The table of contents in 
                section 1(b) of the Homeland Security Act of 2002 (6 
                U.S.C. 101 et seq.) is amended by inserting after the 
                item relating to section 202 the following:

``Sec. 203. Homeland Security Advisory System.
``Sec. 204. Homeland Security Information Sharing.
``Sec. 205. Coordination with information sharing environment.''.
    (b) Intelligence Component Defined.--
            (1) In general.--Section 2 of the Homeland Security Act of 
        2002 (6 U.S.C. 101) is amended--
                    (A) by redesignating paragraphs (9) through (16) as 
                paragraphs (10) through (17), respectively; and
                    (B) by inserting after paragraph (8) the following:
            ``(9) The term `intelligence component of the Department' 
        means any directorate, agency, or other element or entity of 
        the Department that gathers, receives, analyzes, produces, or 
        disseminates homeland security information.''.
            (2) Technical and conforming amendments.--
                    (A) Homeland security act of 2002.--Section 501(11) 
                of the Homeland Security Act of 2002 (6 U.S.C. 311(11)) 
                is amended by striking ``section 2(10)(B)'' and 
                inserting ``section 2(11)(B)''.
                    (B) Other law.--Section 712(a) of title 14, United 
                States Code, is amended by striking ``section 2(15) of 
                the Homeland Security Act of 2002 (6 U.S.C. 101(15))'' 
                and inserting ``section 2(16) of the Homeland Security 
                Act of 2002 (6 U.S.C. 101(16))''.
    (c) Responsibilities of the Under Secretary for Information 
Analysis and Infrastructure Protection.--Section 201(d) of the Homeland 
Security Act of 2002 (6 U.S.C. 121(d)) is amended--
            (1) in paragraph (1), by inserting ``, in support of the 
        mission responsibilities of the Department and consistent with 
        the functions of the National Counterterrorism Center 
        established under section 119 of the National Security Act of 
        1947 (50 U.S.C. 50 U.S.C. 404o),'' after ``and to integrate 
        such information''; and
            (2) by striking paragraph (7), as redesignated by 
        subsection (a)(2)(A) of this section, and inserting the 
        following:
            ``(7) To review, analyze, and make recommendations for 
        improvements in the policies and procedures governing the 
        sharing of intelligence information, intelligence-related 
        information, and other information relating to homeland 
        security within the Federal Government and among the Federal 
        Government and State, local, and tribal government agencies and 
        authorities, consistent with the information sharing 
        environment established under section 1016 of the Intelligence 
        Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485) and 
        any policies, guidelines, procedures, instructions or standards 
        established by the President or, as appropriate, the program 
        manager for the implementation and management of that 
        environment.''.

SEC. 112. INFORMATION SHARING.

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

SEC. 113. INTELLIGENCE TRAINING DEVELOPMENT FOR STATE AND LOCAL 
              GOVERNMENT OFFICIALS.

    (a) Curriculum.--The Secretary, acting through the Chief 
Intelligence Officer, shall--
            (1) develop curriculum for the training of State, local, 
        and tribal government officials relating to the handling, 
        review, and development of intelligence material; and
            (2) ensure that the curriculum includes executive level 
        training.
    (b) Training.--To the extent possible, the Federal Law Enforcement 
Training Center and other existing Federal entities with the capacity 
and expertise to train State, local, and tribal government officials 
based on the curriculum developed under subsection (a) shall be used to 
carry out the training programs created under this section. If such 
entities do not have the capacity, resources, or capabilities to 
conduct such training, the Secretary may approve another entity to 
conduct the training.
    (c) Consultation.--In carrying out the duties described in 
subsection (a), the Chief Intelligence Officer shall consult with the 
Director of the Federal Law Enforcement Training Center, the Attorney 
General, the Director of National Intelligence, the Administrator of 
the Federal Emergency Management Agency, and other appropriate parties, 
such as private industry, institutions of higher education, nonprofit 
institutions, and other intelligence agencies of the Federal 
Government.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.

SEC. 114. INFORMATION SHARING INCENTIVES.

    (a) Awards.--In making cash awards under chapter 45 of title 5, 
United States Code, the President or the head of an agency, in 
consultation with the program manager designated under section 1016 of 
the Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 
485), may consider the success of an employee in sharing information 
within the scope of the information sharing environment established 
under that section in a manner consistent with any policies, 
guidelines, procedures, instructions, or standards established by the 
President or, as appropriate, the program manager of that environment 
for the implementation and management of that environment.
    (b) Other Incentives.--The head of each department or agency 
described in section 1016(i) of the Intelligence Reform and Terrorist 
Prevention Act of 2004 (6 U.S.C. 485(i)), in consultation with the 
program manager designated under section 1016 of the Intelligence 
Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 485), shall adopt 
best practices regarding effective ways to educate and motivate 
officers and employees of the Federal Government to engage in the 
information sharing environment, including--
            (1) promotions and other nonmonetary awards; and
            (2) publicizing information sharing accomplishments by 
        individual employees and, where appropriate, the tangible end 
        benefits that resulted.

     Subtitle B--Homeland Security Information Sharing Partnerships

SEC. 121. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.

    (a) In General.--Subtitle A of title II of the Homeland Security 
Act of 2002 (6 U.S.C. 121 et seq.), as amended by this Act, is amended 
by adding at the end the following:

``SEC. 206. STATE, LOCAL, AND REGIONAL FUSION CENTER INITIATIVE.

    ``(a) Definitions.--In this section--
            ``(1) the term `Chief Intelligence Officer' means the Chief 
        Intelligence Officer of the Department;
            ``(2) the term `fusion center' means a collaborative effort 
        of 2 or more Federal, State, local, or tribal government 
        agencies that combines resources, expertise, or information 
        with the goal of maximizing the ability of such agencies to 
        detect, prevent, investigate, apprehend, and respond to 
        criminal or terrorist activity;
            ``(3) the term `information sharing environment' means the 
        information sharing environment established under section 1016 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 485);
            ``(4) the term `intelligence analyst' means an individual 
        who regularly advises, administers, supervises, or performs 
        work in the collection, analysis, evaluation, reporting, 
        production, or dissemination of information on political, 
        economic, social, cultural, physical, geographical, scientific, 
        or military conditions, trends, or forces in foreign or 
        domestic areas that directly or indirectly affect national 
        security;
            ``(5) the term `intelligence-led policing' means the 
        collection and analysis of information to produce an 
        intelligence end product designed to inform law enforcement 
        decision making at the tactical and strategic levels; and
            ``(6) the term `terrorism information' has the meaning 
        given that term in section 1016 of the Intelligence Reform and 
        Terrorist Prevention Act of 2004 (6 U.S.C. 485).
    ``(b) Establishment.--The Secretary, in consultation with the 
program manager of the information sharing environment established 
under section 1016 of the Intelligence Reform and Terrorist Prevention 
Act of 2004 (6 U.S.C. 485), the Attorney General, the Privacy Officer 
of the Department, the Officer for Civil Rights and Civil Liberties of 
the Department, and the Privacy and Civil Liberties Oversight Board 
established under section 1061 of the Intelligence Reform and Terrorist 
Prevention Act of 2004 (5 U.S.C. 601 note), shall establish a State, 
Local, and Regional Fusion Center Initiative to establish partnerships 
with State, local, and regional fusion centers.
    ``(c) Department Support and Coordination.--Through the State, 
Local, and Regional Fusion Center Initiative, the Secretary shall--
            ``(1) coordinate with the principal officer of each State, 
        local, or regional fusion center and the officer designated as 
        the Homeland Security Advisor of the State;
            ``(2) provide operational and intelligence advice and 
        assistance to State, local, and regional fusion centers;
            ``(3) support efforts to include State, local, and regional 
        fusion centers into efforts to establish an information sharing 
        environment;
            ``(4) conduct exercises, including live training exercises, 
        to regularly assess the capability of individual and regional 
        networks of State, local, and regional fusion centers to 
        integrate the efforts of such networks with the efforts of the 
        Department;
            ``(5) coordinate with other relevant Federal entities 
        engaged in homeland security-related activities;
            ``(6) provide analytic and reporting advice and assistance 
        to State, local, and regional fusion centers;
            ``(7) review homeland security information gathered by 
        State, local, and regional fusion centers and incorporate 
        relevant information with homeland security information of the 
        Department;
            ``(8) provide management assistance to State, local, and 
        regional fusion centers;
            ``(9) serve as a point of contact to ensure the 
        dissemination of relevant homeland security information;
            ``(10) facilitate close communication and coordination 
        between State, local, and regional fusion centers and the 
        Department;
            ``(11) provide State, local, and regional fusion centers 
        with expertise on Department resources and operations;
            ``(12) provide training to State, local, and regional 
        fusion centers and encourage such fusion centers to participate 
        in terrorist threat-related exercises conducted by the 
        Department; and
            ``(13) carry out such other duties as the Secretary 
        determines are appropriate.
    ``(d) Personnel Assignment.--
            ``(1) In general.--The Chief Intelligence Officer may, to 
        the maximum extent practicable, assign officers and 
        intelligence analysts from components of the Department to 
        State, local, and regional fusion centers.
            ``(2) Personnel sources.--Officers and intelligence 
        analysts assigned to fusion centers under this subsection may 
        be assigned from the following Department components, in 
        consultation with the respective component head:
                    ``(A) Office of Intelligence and Analysis, or its 
                successor.
                    ``(B) Office of Infrastructure Protection.
                    ``(C) Transportation Security Administration.
                    ``(D) United States Customs and Border Protection.
                    ``(E) United States Immigration and Customs 
                Enforcement.
                    ``(F) United States Coast Guard.
                    ``(G) Other intelligence components of the 
                Department, as determined by the Secretary.
            ``(3) Participation.--
                    ``(A) In general.--The Secretary may develop 
                qualifying criteria for a fusion center to participate 
                in the assigning of Department officers or intelligence 
                analysts under this section.
                    ``(B) Criteria.--Any criteria developed under 
                subparagraph (A) may include--
                            ``(i) whether the fusion center, through 
                        its mission and governance structure, focuses 
                        on a broad counterterrorism approach, and 
                        whether that broad approach is pervasive 
                        through all levels of the organization;
                            ``(ii) whether the fusion center has 
                        sufficient numbers of adequately trained 
                        personnel to support a broad counterterrorism 
                        mission;
                            ``(iii) whether the fusion center has--
                                    ``(I) access to relevant law 
                                enforcement, emergency response, 
                                private sector, open source, and 
                                national security data; and
                                    ``(II) the ability to share and 
                                analytically exploit that data for 
                                authorized purposes;
                            ``(iv) whether the fusion center is 
                        adequately funded by the State, local, or 
                        regional government to support its 
                        counterterrorism mission; and
                            ``(v) the relevancy of the mission of the 
                        fusion center to the particular source 
                        component of Department officers or 
                        intelligence analysts.
            ``(4) Prerequisite.--
                    ``(A) Intelligence analysis, privacy, and civil 
                liberties training.--Before being assigned to a fusion 
                center under this section, an officer or intelligence 
                analyst shall undergo--
                            ``(i) appropriate intelligence analysis or 
                        information sharing training using an 
                        intelligence-led policing curriculum that is 
                        consistent with--
                                    ``(I) standard training and 
                                education programs offered to 
                                Department law enforcement and 
                                intelligence personnel; and
                                    ``(II) the Criminal Intelligence 
                                Systems Operating Policies under part 
                                23 of title 28, Code of Federal 
                                Regulations (or any corresponding 
                                similar regulation or ruling);
                            ``(ii) appropriate privacy and civil 
                        liberties training that is developed, 
                        supported, or sponsored by the Privacy Officer 
                        appointed under section 222 and the Officer for 
                        Civil Rights and Civil Liberties of the 
                        Department, in partnership with the Privacy and 
                        Civil Liberties Oversight Board established 
                        under section 1061 of the Intelligence Reform 
                        and Terrorism Prevention Act of 2004 (5 U.S.C. 
                        601 note); and
                            ``(iii) such other training prescribed by 
                        the Chief Intelligence Officer.
                    ``(B) Prior work experience in area.--In 
                determining the eligibility of an officer or 
                intelligence analyst to be assigned to a fusion center 
                under this section, the Chief Intelligence Officer 
                shall consider the familiarity of the officer or 
                intelligence analyst with the State, locality, or 
                region, as determined by such factors as whether the 
                officer or intelligence analyst--
                            ``(i) has been previously assigned in the 
                        geographic area; or
                            ``(ii) has previously worked with 
                        intelligence officials or emergency response 
                        providers from that State, locality, or region.
            ``(5) Expedited security clearance processing.--The Chief 
        Intelligence Officer--
                    ``(A) shall ensure that each officer or 
                intelligence analyst assigned to a fusion center under 
                this section has the appropriate clearance to 
                contribute effectively to the mission of the fusion 
                center; and
                    ``(B) may request that security clearance 
                processing be expedited for each such officer or 
                intelligence analyst.
            ``(6) Further qualifications.--Each officer or intelligence 
        analyst assigned to a fusion center under this section shall 
        satisfy any other qualifications the Chief Intelligence Officer 
        may prescribe.
    ``(e) Responsibilities.--An officer or intelligence analyst 
assigned to a fusion center under this section shall--
            ``(1) assist law enforcement agencies and other emergency 
        response providers of State, local, and tribal governments and 
        fusion center personnel in using Federal homeland security 
        information to develop a comprehensive and accurate threat 
        picture;
            ``(2) review homeland security-relevant information from 
        law enforcement agencies and other emergency response providers 
        of State, local, and tribal government;
            ``(3) create intelligence and other information products 
        derived from such information and other homeland security-
        relevant information provided by the Department;
            ``(4) assist in the dissemination of such products, under 
        the coordination of the Chief Intelligence Officer, to law 
        enforcement agencies and other emergency response providers of 
        State, local, and tribal government; and
            ``(5) assist in the dissemination of such products to the 
        Chief Intelligence Officer for collection and dissemination to 
        other fusion centers.
    ``(f) Database Access.--In order to fulfill the objectives 
described under subsection (e), each officer or intelligence analyst 
assigned to a fusion center under this section shall have direct access 
to all relevant Federal databases and information systems, consistent 
with any policies, guidelines, procedures, instructions, or standards 
established by the President or, as appropriate, the program manager of 
the information sharing environment for the implementation and 
management of that environment.
    ``(g) Consumer Feedback.--
            ``(1) In general.--The Secretary shall create a mechanism 
        for any State, local, or tribal emergency response provider who 
        is a consumer of the intelligence or other information products 
        described under subsection (e) to voluntarily provide feedback 
        to the Department on the quality and utility of such 
        intelligence products.
            ``(2) Results.--The results of the voluntary feedback under 
        paragraph (1) shall be provided electronically to Congress and 
        appropriate personnel of the Department.
    ``(h) Rule of Construction.--
            ``(1) In general.--The authorities granted under this 
        section shall supplement the authorities granted under section 
        201(d) and nothing in this section shall be construed to 
        abrogate the authorities granted under section 201(d).
            ``(2) Participation.--Nothing in this section shall be 
        construed to require a State, local, or regional government or 
        entity to accept the assignment of officers or intelligence 
        analysts of the Department into the fusion center of that 
        State, locality, or region.
    ``(i) Guidelines.--The Secretary, in consultation with the Attorney 
General of the United States, shall establish guidelines for fusion 
centers operated by State and local governments, to include standards 
that any such fusion center shall--
            ``(1) collaboratively develop a mission statement, identify 
        expectations and goals, measure performance, and determine 
        effectiveness for that fusion center;
            ``(2) create a representative governance structure that 
        includes emergency response providers and, as appropriate, the 
        private sector;
            ``(3) create a collaborative environment for the sharing of 
        information and intelligence among Federal, State, tribal, and 
        local government agencies (including emergency response 
        providers), the private sector, and the public, consistent with 
        any policies, guidelines, procedures, instructions, or 
        standards established by the President or, as appropriate, the 
        program manager of the information sharing environment;
            ``(4) leverage the databases, systems, and networks 
        available from public and private sector entities to maximize 
        information sharing;
            ``(5) develop, publish, and adhere to a privacy and civil 
        liberties policy consistent with Federal, State, and local law;
            ``(6) ensure appropriate security measures are in place for 
        the facility, data, and personnel;
            ``(7) select and train personnel based on the needs, 
        mission, goals, and functions of that fusion center;
            ``(8) offer a variety of intelligence services and products 
        to recipients of fusion center intelligence and information; 
        and
            ``(9) incorporate emergency response providers, and, as 
        appropriate, the private sector, into all relevant phases of 
        the intelligence and fusion process through full time 
        representatives or liaison officers.
    ``(j) Authorization of Appropriations.--Except for subsection (i), 
there are authorized to be appropriated $10,000,000 for each of fiscal 
years 2008 through 2012, to carry out this section, including for 
hiring officers and intelligence analysts to replace officers and 
intelligence analysts who are assigned to fusion centers under this 
section.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 205, 
as added by this Act, the following:

``Sec. 206. State, Local, and Regional Information Fusion Center 
                            Initiative.''.
    (c) Reports.--
            (1) Concept of operations.--Not later than 90 days after 
        the date of enactment of this Act and before the State, Local, 
        and Regional Fusion Center Initiative under section 206 of the 
        Homeland Security Act of 2002, as added by subsection (a), (in 
        this section referred to as the ``program'') has been 
        implemented, the Secretary, in consultation with the Privacy 
        Officer of the Department, the Officer for Civil Rights and 
        Civil Liberties of the Department, and the Privacy and Civil 
        Liberties Oversight Board established under section 1061 of the 
        Intelligence Reform and Terrorist Prevention Act of 2004 (5 
        U.S.C. 601 note), shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        a report that contains a concept of operations for the program, 
        which shall--
                    (A) include a clear articulation of the purposes, 
                goals, and specific objectives for which the program is 
                being developed;
                    (B) identify stakeholders in the program and 
                provide an assessment of their needs;
                    (C) contain a developed set of quantitative metrics 
                to measure, to the extent possible, program output;
                    (D) contain a developed set of qualitative 
                instruments (including surveys and expert interviews) 
                to assess the extent to which stakeholders believe 
                their needs are being met; and
                    (E) include a privacy and civil liberties impact 
                assessment.
            (2) Privacy and civil liberties.--Not later than 1 year 
        after the date on which the program is implemented, the Privacy 
        and Civil Liberties Oversight Board established under section 
        1061 of the Intelligence Reform and Terrorist Prevention Act of 
        2004 (5 U.S.C. 601 note), in consultation with the Privacy 
        Officer of the Department and the Officer for Civil Rights and 
        Civil Liberties of the Department, shall submit to Congress, 
        the Secretary, and the Chief Intelligence Officer of the 
        Department a report on the privacy and civil liberties impact 
        of the program.

SEC. 122. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

    (a) Establishment of Program.--Subtitle A of title II of the 
Homeland Security Act of 2002 (6 U.S.C. 121 et seq.), as amended by 
this Act, is amended by adding at the end the following:

``SEC. 207. HOMELAND SECURITY INFORMATION SHARING FELLOWS PROGRAM.

    ``(a) Establishment.--
            ``(1) In general.--The Secretary, acting through the Chief 
        Intelligence Officer, and in consultation with the Chief Human 
        Capital Officer, shall establish a fellowship program in 
        accordance with this section for the purpose of--
                    ``(A) detailing State, local, and tribal law 
                enforcement officers and intelligence analysts to the 
                Department in accordance with subchapter VI of chapter 
                33 of title 5, United States Code, to participate in 
                the work of the Office of Intelligence and Analysis in 
                order to become familiar with--
                            ``(i) the relevant missions and 
                        capabilities of the Department and other 
                        Federal agencies; and
                            ``(ii) the role, programs, products, and 
                        personnel of the Office of Intelligence and 
                        Analysis; and
                    ``(B) promoting information sharing between the 
                Department and State, local, and tribal law enforcement 
                officers and intelligence analysts by assigning such 
                officers and analysts to--
                            ``(i) serve as a point of contact in the 
                        Department to assist in the representation of 
                        State, local, and tribal homeland security 
                        information needs;
                            ``(ii) identify homeland security 
                        information of interest to State, local, and 
                        tribal law enforcement officers, emergency 
                        response providers, and intelligence analysts; 
                        and
                            ``(iii) assist Department analysts in 
                        preparing and disseminating terrorism-related 
                        products that are tailored to State, local, and 
                        tribal emergency response providers, law 
                        enforcement officers, and intelligence analysts 
                        and designed to prepare for and thwart 
                        terrorist attacks.
            ``(2) Program name.--The program under this section shall 
        be known as the `Homeland Security Information Sharing Fellows 
        Program'.
    ``(b) Eligibility.--
            ``(1) In general.--In order to be eligible for selection as 
        an Information Sharing Fellow under the program under this 
        section, an individual shall--
                    ``(A) have homeland security-related 
                responsibilities;
                    ``(B) be eligible for an appropriate national 
                security clearance;
                    ``(C) possess a valid need for access to classified 
                information, as determined by the Chief Intelligence 
                Officer;
                    ``(D) be an employee of an eligible entity; and
                    ``(E) have undergone appropriate privacy and civil 
                liberties training that is developed, supported, or 
                sponsored by the Privacy Officer and the Officer for 
                Civil Rights and Civil Liberties, in partnership with 
                the Privacy and Civil Liberties Oversight Board 
                established under section 1061 of the Intelligence 
                Reform and Terrorist Prevention Act of 2004 (5 U.S.C. 
                601 note).
            ``(2) Eligible entities.--In this subsection, the term 
        `eligible entity' means--
                    ``(A) a State, local, or regional fusion center;
                    ``(B) a State or local law enforcement or other 
                government entity that serves a major metropolitan 
                area, suburban area, or rural area, as determined by 
                the Secretary;
                    ``(C) a State or local law enforcement or other 
                government entity with port, border, or agricultural 
                responsibilities, as determined by the Secretary;
                    ``(D) a tribal law enforcement or other authority; 
                or
                    ``(E) such other entity as the Secretary determines 
                is appropriate.
    ``(c) Optional Participation.--No State, local, or tribal law 
enforcement or other government entity shall be required to participate 
in the Homeland Security Information Sharing Fellows Program.
    ``(d) Procedures for Nomination and Selection.--
            ``(1) In general.--The Chief Intelligence Officer shall 
        establish procedures to provide for the nomination and 
        selection of individuals to participate in the Homeland 
        Security Information Sharing Fellows Program.
            ``(2) Limitations.--The Chief Intelligence Officer shall--
                    ``(A) select law enforcement officers and 
                intelligence analysts representing a broad cross-
                section of State, local, and tribal agencies; and
                    ``(B) ensure that the number of Information Sharing 
                Fellows selected does not impede the activities of the 
                Office of Intelligence and Analysis.
    ``(e) Definitions.--In this section--
            ``(1) the term `Chief Intelligence Officer' means the Chief 
        Intelligence Officer of the Department; and
            ``(2) the term `Office of Intelligence and Analysis' means 
        the office of the Chief Intelligence Officer.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 206, 
as added by this Act, the following:

``Sec. 207. Homeland Security Information Sharing Fellows Program.''.
    (c) Reports.--
            (1) Concept of operations.--Not later than 90 days after 
        the date of enactment of this Act, and before the 
        implementation of the Homeland Security Information Sharing 
        Fellows Program under section 207 of the Homeland Security Act 
        of 2002, as added by subsection (a), (in this section referred 
        to as the ``Program'') the Secretary, in consultation with the 
        Privacy Officer of the Department, the Officer for Civil Rights 
        and Civil Liberties of the Department, and the Privacy and 
        Civil Liberties Oversight Board established under section 1061 
        of the Intelligence Reform and Terrorist Prevention Act of 2004 
        (5 U.S.C. 601 note), shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        a report that contains a concept of operations for the Program, 
        which shall include a privacy and civil liberties impact 
        assessment.
            (2) Review of privacy impact.--Not later than 1 year after 
        the date on which the Program is implemented, the Privacy and 
        Civil Liberties Oversight Board established under section 1061 
        of the Intelligence Reform and Terrorist Prevention Act of 2004 
        (5 U.S.C. 601 note), in consultation with the Privacy Officer 
        of the Department and the Officer for Civil Rights and Civil 
        Liberties of the Department, shall submit to Congress, the 
        Secretary, and the Chief Intelligence Officer of the Department 
        a report on the privacy and civil liberties impact of the 
        Program.

SEC. 123. RURAL POLICING INSTITUTE.

    (a) In General.--There is established a Rural Policing Institute, 
which shall be administered by the Office of State and Local Training 
of the Federal Law Enforcement Training Center (based in Glynco, 
Georgia), to--
            (1) evaluate the needs of law enforcement agencies of units 
        of local government and tribal governments located in rural 
        areas;
            (2) develop expert training programs designed to address 
        the needs of rural law enforcement agencies regarding combating 
        methamphetamine addiction and distribution, domestic violence, 
        law enforcement response related to school shootings, and other 
        topics identified in the evaluation conducted under paragraph 
        (1);
            (3) provide the training programs described in paragraph 
        (2) to law enforcement agencies of units of local government 
        and tribal governments located in rural areas; and
            (4) conduct outreach efforts to ensure that training 
        programs under the Rural Policing Institute reach law 
        enforcement officers of units of local government and tribal 
        governments located in rural areas.
    (b) Curricula.--The training at the Rural Policing Institute 
established under subsection (a) shall be configured in a manner so as 
to not duplicate or displace any law enforcement program of the Federal 
Law Enforcement Training Center in existence on the date of enactment 
of this Act.
    (c) Definition.--In this section, the term ``rural'' means area 
that is not located in a metropolitan statistical area, as defined by 
the Office of Management and Budget.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section (including for contracts, staff, 
and equipment)--
            (1) $10,000,000 for fiscal year 2008; and
            (2) $5,000,000 for each of fiscal years 2009 through 2013.

    Subtitle C--Interagency Threat Assessment and Coordination Group

SEC. 131. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.

    (a) In General.--As part of efforts to establish the information 
sharing environment established under section 1016 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the program 
manager shall oversee and coordinate the creation and ongoing operation 
of an Interagency Threat Assessment and Coordination Group (in this 
section referred to as the ``ITACG'').
    (b) Responsibilities.--The ITACG shall facilitate the production of 
federally coordinated products derived from information within the 
scope of the information sharing environment established under section 
1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 
U.S.C. 485) and intended for distribution to State, local, and tribal 
government officials and the private sector.
    (c) Operations.--
            (1) In general.--The ITACG shall be located at the 
        facilities of the National Counterterrorism Center of the 
        Office of the Director of National Intelligence.
            (2) Management.--
                    (A) In general.--The Secretary shall assign a 
                senior level officer to manage and direct the 
                administration of the ITACG.
                    (B) Distribution.--The Secretary, in consultation 
                with the Attorney General and the heads of other 
                agencies, as appropriate, shall determine how specific 
                products shall be distributed to State, local, and 
                tribal officials and private sector partners under this 
                section.
                    (C) Standards for admission.--The Secretary, acting 
                through the Chief Intelligence Officer and in 
                consultation with the Director of National 
                Intelligence, the Attorney General, and the program 
                manager of the information sharing environment 
                established under section 1016 of the Intelligence 
                Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 
                485), shall establish standards for the admission of 
                law enforcement and intelligence officials from a 
                State, local, or tribal government into the ITACG.
    (d) Membership.--
            (1) In general.--The ITACG shall include representatives 
        of--
                    (A) the Department;
                    (B) the Federal Bureau of Investigation;
                    (C) the Department of Defense;
                    (D) the Department of Energy;
                    (E) law enforcement and intelligence officials from 
                State, local, and tribal governments, as appropriate; 
                and
                    (F) other Federal entities as appropriate.
            (2) Criteria.--The program manager for the information 
        sharing environment, in consultation with the Secretary of 
        Defense, the Secretary, the Director of National Intelligence, 
        and the Director of the Federal Bureau of Investigation shall 
        develop qualifying criteria and establish procedures for 
        selecting personnel assigned to the ITACG and for the proper 
        handling and safeguarding of information related to terrorism.
    (e) Inapplicability of the Federal Advisory Committee Act.--The 
ITACG and any subsidiary groups thereof shall not be subject to the 
requirements of the Federal Advisory Committee Act (5 U.S.C. App.).

                   TITLE II--HOMELAND SECURITY GRANTS

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Homeland Security Grant 
Enhancement Act of 2007''.

SEC. 202. HOMELAND SECURITY GRANT PROGRAM.

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

                  ``TITLE XX--HOMELAND SECURITY GRANTS

``SEC. 2001. DEFINITIONS.

    ``In this title, the following definitions shall apply:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
            ``(2) Combined statistical area.--The term `combined 
        statistical area' means a combined statistical area, as defined 
        by the Office of Management and Budget.
            ``(3) Directly eligible tribe.--The term `directly eligible 
        tribe' means--
                    ``(A) any Indian tribe that--
                            ``(i) is located in the continental United 
                        States;
                            ``(ii) operates a law enforcement or 
                        emergency response agency with the capacity to 
                        respond to calls for law enforcement or 
                        emergency services;
                            ``(iii) is located--
                                    ``(I) on, or within 50 miles of, an 
                                international border or a coastline 
                                bordering an ocean or international 
                                waters;
                                    ``(II) within 10 miles of critical 
                                infrastructure or has critical 
                                infrastructure within its territory; or
                                    ``(III) within or contiguous to 1 
                                of the 50 largest metropolitan 
                                statistical areas in the United States; 
                                and
                            ``(iv) certifies to the Secretary that a 
                        State is not making funds distributed under 
                        this title available to the Indian tribe or 
                        consortium of Indian tribes for the purpose for 
                        which the Indian tribe or consortium of Indian 
                        tribes is seeking grant funds; and
                    ``(B) a consortium of Indian tribes, if each tribe 
                satisfies the requirements of subparagraph (A).
            ``(4) Eligible metropolitan area.--The term `eligible 
        metropolitan area' means the following:
                    ``(A) In general.--A combination of 2 or more 
                incorporated municipalities, counties, parishes, or 
                Indian tribes that--
                            ``(i) is within--
                                    ``(I) any of the 100 largest 
                                metropolitan statistical areas in the 
                                United States; or
                                    ``(II) any combined statistical 
                                area, of which any metropolitan 
                                statistical area described in 
                                subparagraph (A) is a part; and
                            ``(ii) includes the city with the largest 
                        population in that metropolitan statistical 
                        area.
                    ``(B) Other combinations.--Any other combination of 
                contiguous local or tribal governments that are 
                formally certified by the Administrator as an eligible 
                metropolitan area for purposes of this title with the 
                consent of the State or States in which such local or 
                tribal governments are located.
                    ``(C) Inclusion of additional local governments.--
                An eligible metropolitan area may include additional 
                local or tribal governments outside the relevant 
                metropolitan statistical area or combined statistical 
                area that are likely to be affected by, or be called 
                upon to respond to, a terrorist attack within the 
                metropolitan statistical area.
            ``(5) Indian tribe.--The term `Indian tribe' has the 
        meaning given that term in section 4(e) of the Indian Self-
        Determination Act (25 U.S.C. 450b(e)).
            ``(6) Metropolitan statistical area.--The term 
        `metropolitan statistical area' means a metropolitan 
        statistical area, as defined by the Office of Management and 
        Budget.
            ``(7) National special security event.--The term `National 
        Special Security Event' means a designated event that, by 
        virtue of its political, economic, social, or religious 
        significance, may be the target of terrorism or other criminal 
        activity.
            ``(8) Population.--The term `population' means population 
        according to the most recent United States census population 
        estimates available at the start of the relevant fiscal year.
            ``(9) Population density.--The term `population density' 
        means population divided by land area in square miles.
            ``(10) Target capabilities.--The term `target capabilities' 
        means the target capabilities for Federal, State, local, and 
        tribal government preparedness for which guidelines are 
        required to be established under section 646(a) of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 
        746(a)).
            ``(11) Tribal government.--The term `tribal government' 
        means the government of an Indian tribe.

``SEC. 2002. HOMELAND SECURITY GRANT PROGRAM.

    ``(a) Grants Authorized.--The Secretary, through the Administrator, 
may award grants to State, local, and tribal governments for the 
purposes of this title.
    ``(b) Programs Not Affected.--This title shall not be construed to 
affect any authority to award grants under any of the following Federal 
programs:
            ``(1) The firefighter assistance programs authorized under 
        section 33 and 34 of the Federal Fire Prevention and Control 
        Act of 1974 (15 U.S.C. 2229 and 2229a).
            ``(2) The Urban Search and Rescue Grant Program authorized 
        under the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5121 et seq.).
            ``(3) Grants to protect critical infrastructure, including 
        port security grants authorized under section 70107 of title 
        46, United States Code, and the grants authorized in title XIV 
        and XV of the Improving America's Security Act of 2007.
            ``(4) The Metropolitan Medical Response System authorized 
        under section 635 of the Post-Katrina Emergency Management 
        Reform Act of 2006 (6 U.S.C. 723).
            ``(5) Grant programs other than those administered by the 
        Department.
    ``(c) Relationship to Other Laws.--
            ``(1) In general.--The grant programs authorized under this 
        title shall supercede all grant programs authorized under 
        section 1014 of the USA PATRIOT Act (42 U.S.C. 3714).
            ``(2) Program integrity.--Each grant program under this 
        title, section 1809 of this Act, or section 662 of the Post-
        Katrina Emergency Management Reform Act of 2006 (6 U.S.C. 763) 
        shall include, consistent with the Improper Payments 
        Information Act of 2002 (31 U.S.C. 3321 note), policies and 
        procedures for--
                    ``(A) identifying activities funded under any such 
                grant program that are susceptible to significant 
                improper payments; and
                    ``(B) reporting the incidence of improper payments 
                to the Department.
            ``(3) Allocation.--Except as provided under paragraph (2) 
        of this subsection, the allocation of grants authorized under 
        this title shall be governed by the terms of this title and not 
        by any other provision of law.
    ``(d) Minimum Performance Requirements.--
            ``(1) In general.--The Administrator shall--
                    ``(A) establish minimum performance requirements 
                for entities that receive homeland security grants;
                    ``(B) conduct, in coordination with State, 
                regional, local, and tribal governments receiving 
                grants under this title, section 1809 of this Act, or 
                section 662 of the Post-Katrina Emergency Management 
                Reform Act of 2006 (6 U.S.C. 763), simulations and 
                exercises to test the minimum performance requirements 
                established under subparagraph (A) for--
                            ``(i) emergencies (as that term is defined 
                        in section 102 of the Robert T. Stafford 
                        Disaster Relief and Emergency Assistance Act 
                        (42 U.S.C. 5122)) and major disasters not less 
                        than twice each year; and
                            ``(ii) catastrophic incidents (as that term 
                        is defined in section 501) not less than once 
                        each year; and
                    ``(C) ensure that entities that the Administrator 
                determines are failing to demonstrate minimum 
                performance requirements established under subparagraph 
                (A) shall remedy the areas of failure, not later than 
                the end of the second full fiscal year after the date 
                of such determination by--
                            ``(i) establishing a plan for the 
                        achievement of the minimum performance 
                        requirements under subparagraph (A), 
                        including--
                                    ``(I) developing intermediate 
                                indicators for the 2 fiscal years 
                                following the date of such 
                                determination; and
                                    ``(II) conducting additional 
                                simulations and exercises; and
                            ``(ii) revising an entity's homeland 
                        security plan, if necessary, to achieve the 
                        minimum performance requirements under 
                        subparagraph (A).
            ``(2) Waiver.--At the discretion of the Administrator, the 
        occurrence of an actual emergency, major disaster, or 
        catastrophic incident in an area may be deemed as a simulation 
        under paragraph (1)(B).
            ``(3) Report to congress.--Not later than the end of the 
        first full fiscal year after the date of enactment of the 
        Improving America's Security Act of 2007, and each fiscal year 
        thereafter, the Administrator shall submit to the Committee on 
        Homeland Security and Governmental Affairs of the Senate and to 
        the Committee on Homeland Security of the House of 
        Representatives a report describing--
                    ``(A) the performance of grantees under paragraph 
                (1)(A);
                    ``(B) lessons learned through the simulations and 
                exercises under paragraph (1)(B); and
                    ``(C) efforts being made to remedy failed 
                performance under paragraph (1)(C).

``SEC. 2003. URBAN AREA SECURITY INITIATIVE.

    ``(a) Establishment.--There is established an Urban Area Security 
Initiative to provide grants to assist high-risk metropolitan areas in 
preventing, preparing for, protecting against, responding to, and 
recovering from acts of terrorism.
    ``(b) Application.--
            ``(1) In general.--An eligible metropolitan area may apply 
        for grants under this section.
            ``(2) Annual applications.--Applicants for grants under 
        this section shall apply or reapply on an annual basis for 
        grants distributed under the program.
            ``(3) Information.--In an application for a grant under 
        this section, an eligible metropolitan area shall submit--
                    ``(A) a plan describing the proposed division of 
                responsibilities and distribution of funding among the 
                local and tribal governments in the eligible 
                metropolitan area;
                    ``(B) the name of an individual to serve as a 
                metropolitan area liaison with the Department and among 
                the various jurisdictions in the metropolitan area; and
                    ``(C) such information in support of the 
                application as the Administrator may reasonably 
                require.
    ``(c) State Review and Transmission.--
            ``(1) In general.--To ensure consistency with State 
        homeland security plans, an eligible metropolitan area applying 
        for a grant under this section shall submit its application to 
        each State within which any part of the eligible metropolitan 
        area is located for review before submission of such 
        application to the Department.
            ``(2) Deadline.--Not later than 30 days after receiving an 
        application from an eligible metropolitan area under paragraph 
        (1), each such State shall transmit the application to the 
        Department.
            ``(3) State disagreement.--If the Governor of any such 
        State determines that an application of an eligible 
        metropolitan area is inconsistent with the State homeland 
        security plan of that State, or otherwise does not support the 
        application, the Governor shall--
                    ``(A) notify the Administrator, in writing, of that 
                fact; and
                    ``(B) provide an explanation of the reason for not 
                supporting the application at the time of transmission 
                of the application.
    ``(d) Prioritization.--In allocating funds among metropolitan areas 
applying for grants under this section, the Administrator shall 
consider--
            ``(1) the relative threat, vulnerability, and consequences 
        faced by the eligible metropolitan area from a terrorist 
        attack, including consideration of--
                    ``(A) the population of the eligible metropolitan 
                area, including appropriate consideration of military, 
                tourist, and commuter populations;
                    ``(B) the population density of the eligible 
                metropolitan area;
                    ``(C) the history of threats faced by the eligible 
                metropolitan area, including--
                            ``(i) whether there has been a prior 
                        terrorist attack in the eligible metropolitan 
                        area; and
                            ``(ii) whether any part of the eligible 
                        metropolitan area, or any critical 
                        infrastructure or key resource within the 
                        eligible metropolitan area, has ever 
                        experienced a higher threat level under the 
                        Homeland Security Advisory System than other 
                        parts of the United States;
                    ``(D) the degree of threat, vulnerability, and 
                consequences to the eligible metropolitan area related 
                to critical infrastructure or key resources identified 
                by the Secretary or the State homeland security plan, 
                including threats, vulnerabilities, and consequences 
                from critical infrastructure in nearby jurisdictions;
                    ``(E) whether the eligible metropolitan area is 
                located at or near an international border;
                    ``(F) whether the eligible metropolitan area has a 
                coastline bordering ocean or international waters;
                    ``(G) threats, vulnerabilities, and consequences 
                faced by the eligible metropolitan area related to at-
                risk sites or activities in nearby jurisdictions, 
                including the need to respond to terrorist attacks 
                arising in those jurisdictions;
                    ``(H) the most current threat assessments available 
                to the Department;
                    ``(I) the extent to which the eligible metropolitan 
                area has unmet target capabilities;
                    ``(J) the extent to which the eligible metropolitan 
                area includes--
                            ``(i) all incorporated municipalities, 
                        counties, parishes, and Indian tribes within 
                        the relevant metropolitan statistical area or 
                        combined statistical area the inclusion of 
                        which will enhance regional efforts to prevent, 
                        prepare for, protect against, respond to, and 
                        recover from acts of terrorism; and
                            ``(ii) other local governments and tribes 
                        that are likely to be called upon to respond to 
                        a terrorist attack within the eligible 
                        metropolitan area; and
                    ``(K) such other factors as are specified in 
                writing by the Administrator; and
            ``(2) the anticipated effectiveness of the proposed 
        spending plan for the eligible metropolitan area in increasing 
        the ability of that eligible metropolitan area to prevent, 
        prepare for, protect against, respond to, and recover from 
        terrorism, to meet its target capabilities, and to otherwise 
        reduce the overall risk to the metropolitan area, the State, 
        and the Nation.
    ``(e) Opportunity to Amend.--In considering applications for grants 
under this section, the Administrator shall provide applicants with a 
reasonable opportunity to correct defects in the application, if any, 
before making final awards.
    ``(f) Allowable Uses.--Grants awarded under this section may be 
used to achieve target capabilities, consistent with a State homeland 
security plan and relevant local and regional homeland security plans, 
through--
            ``(1) developing and enhancing State, local, or regional 
        plans, risk assessments, or mutual aid agreements;
            ``(2) purchasing, upgrading, storing, or maintaining 
        equipment;
            ``(3) designing, conducting, and evaluating training and 
        exercises, including exercises of mass evacuation plans under 
        section 512 and including the payment of overtime and backfill 
        costs in support of such activities;
            ``(4) responding to an increase in the threat level under 
        the Homeland Security Advisory System, or to the needs 
        resulting from a National Special Security Event, including 
        payment of overtime and backfill costs;
            ``(5) establishing, enhancing, and staffing with 
        appropriately qualified personnel State and local fusion 
        centers that comply with the guidelines established under 
        section 206(i);
            ``(6) protecting critical infrastructure and key resources 
        identified in the Critical Infrastructure List established 
        under section 1101 of the Improving America's Security Act of 
        2007, including the payment of appropriate personnel costs;
            ``(7) any activity permitted under the Fiscal Year 2007 
        Program Guidance of the Department for the Urban Area Security 
        Initiative or the Law Enforcement Terrorism Prevention Grant 
        Program, including activities permitted under the full-time 
        counterterrorism staffing pilot; and
            ``(8) any other activity relating to achieving target 
        capabilities approved by the Administrator.
    ``(g) Distribution of Awards to Metropolitan Areas.--
            ``(1) In general.--If the Administrator approves the 
        application of an eligible metropolitan area for a grant under 
        this section, the Administrator shall distribute the grant 
        funds to the State or States in which the eligible metropolitan 
        area is located.
            ``(2) State distribution of funds.--
                    ``(A) In general.--Each State shall provide the 
                eligible metropolitan area not less than 80 percent of 
                the grant funds. Any funds retained by a State shall be 
                expended on items or services approved by the 
                Administrator that benefit the eligible metropolitan 
                area.
                    ``(B) Funds retained.--A State shall provide each 
                relevant eligible metropolitan area with an accounting 
                of the items or services on which any funds retained by 
                the State under subparagraph (A) were expended.
            ``(3) Multistate regions.--If parts of an eligible 
        metropolitan area awarded a grant are located in 2 or more 
        States, the Secretary shall distribute to each such State--
                    ``(A) a portion of the grant funds in accordance 
                with the proposed distribution set forth in the 
                application; or
                    ``(B) if no agreement on distribution has been 
                reached, a portion of the grant funds in proportion to 
                each State's share of the population of the eligible 
                metropolitan area.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
            ``(1) for fiscal year 2007, such sums as are necessary;
            ``(2) for each of fiscal years 2008, 2009, and 2010, 
        $1,278,639,000; and
            ``(3) for fiscal year 2011, and each fiscal year 
        thereafter, such sums as are necessary.

``SEC. 2004. STATE HOMELAND SECURITY GRANT PROGRAM.

    ``(a) Establishment.--There is established a State Homeland 
Security Grant Program to assist State, local, and tribal governments 
in preventing, preparing for, protecting against, responding to, and 
recovering from acts of terrorism.
    ``(b) Application.--
            ``(1) In general.--Each State may apply for a grant under 
        this section, and shall submit such information in support of 
        the application as the Administrator may reasonably require.
            ``(2) Annual applications.--Applicants for grants under 
        this section shall apply or reapply on an annual basis for 
        grants distributed under the program.
    ``(c) Prioritization.--In allocating funds among States applying 
for grants under this section, the Administrator shall consider--
            ``(1) the relative threat, vulnerability, and consequences 
        faced by a State from a terrorist attack, including 
        consideration of--
                    ``(A) the size of the population of the State, 
                including appropriate consideration of military, 
                tourist, and commuter populations;
                    ``(B) the population density of the State;
                    ``(C) the history of threats faced by the State, 
                including--
                            ``(i) whether there has been a prior 
                        terrorist attack in an urban area that is 
                        wholly or partly in the State, or in the State 
                        itself; and
                            ``(ii) whether any part of the State, or 
                        any critical infrastructure or key resource 
                        within the State, has ever experienced a higher 
                        threat level under the Homeland Security 
                        Advisory System than other parts of the United 
                        States;
                    ``(D) the degree of threat, vulnerability, and 
                consequences related to critical infrastructure or key 
                resources identified by the Secretary or the State 
                homeland security plan;
                    ``(E) whether the State has an international 
                border;
                    ``(F) whether the State has a coastline bordering 
                ocean or international waters;
                    ``(G) threats, vulnerabilities, and consequences 
                faced by a State related to at-risk sites or activities 
                in adjacent States, including the State's need to 
                respond to terrorist attacks arising in adjacent 
                States;
                    ``(H) the most current threat assessments available 
                to the Department;
                    ``(I) the extent to which the State has unmet 
                target capabilities; and
                    ``(J) such other factors as are specified in 
                writing by the Administrator;
            ``(2) the anticipated effectiveness of the proposed 
        spending plan of the State in increasing the ability of the 
        State to--
                    ``(A) prevent, prepare for, protect against, 
                respond to, and recover from terrorism;
                    ``(B) meet the target capabilities of the State; 
                and
                    ``(C) otherwise reduce the overall risk to the 
                State and the Nation; and
            ``(3) the need to balance the goal of ensuring the target 
        capabilities of the highest risk areas are achieved quickly and 
        the goal of ensuring that basic levels of preparedness, as 
        measured by the attainment of target capabilities, are achieved 
        nationwide.
    ``(d) Minimum Allocation.--In allocating funds under subsection 
(c), the Administrator shall ensure that, for each fiscal year--
            ``(1) except as provided for in paragraph (2), no State 
        receives less than an amount equal to 0.45 percent of the total 
        funds appropriated for the State Homeland Security Grant 
        Program; and
            ``(2) American Samoa, the Commonwealth of the Northern 
        Mariana Islands, Guam, and the Virgin Islands each receive not 
        less than 0.08 percent of the amounts appropriated for the 
        State Homeland Security Grant Program.
    ``(e) Multistate Partnerships.--
            ``(1) In general.--Instead of, or in addition to, any 
        application for funds under subsection (b), 2 or more States 
        may submit an application under this paragraph for multistate 
        efforts to prevent, prepare for, protect against, respond to, 
        or recover from acts of terrorism.
            ``(2) Grantees.--Multistate grants may be awarded to 
        either--
                    ``(A) an individual State acting on behalf of a 
                consortium or partnership of States with the consent of 
                all member States; or
                    ``(B) a group of States applying as a consortium or 
                partnership.
            ``(3) Administration of grant.--If a group of States apply 
        as a consortium or partnership such States shall submit to the 
        Secretary at the time of application a plan describing--
                    ``(A) the division of responsibilities for 
                administering the grant; and
                    ``(B) the distribution of funding among the various 
                States and entities that are party to the application.
    ``(f) Funding for Local and Tribal Governments.--
            ``(1) In general.--The Administrator shall require that, 
        not later than 60 days after receiving grant funding, any State 
        receiving a grant under this section shall make available to 
        local and tribal governments and emergency response providers, 
        consistent with the applicable State homeland security plan--
                    ``(A) not less than 80 percent of the grant funds;
                    ``(B) with the consent of local and tribal 
                governments, the resources purchased with such grant 
                funds having a value equal to not less than 80 percent 
                of the amount of the grant; or
                    ``(C) grant funds combined with resources purchased 
                with the grant funds having a value equal to not less 
                than 80 percent of the amount of the grant.
            ``(2) Extension of period.--The Governor of a State may 
        request in writing that the Administrator extend the period 
        under paragraph (1) for an additional period of time. The 
        Administrator may approve such a request, and may extend such 
        period for an additional period, if the Administrator 
        determines that the resulting delay in providing grant funding 
        to the local and tribal governments and emergency response 
        providers is necessary to promote effective investments to 
        prevent, prepare for, protect against, respond to, and recover 
        from terrorism, or to meet the target capabilities of the 
        State.
            ``(3) Indian tribes.--States shall be responsible for 
        allocating grant funds received under this section to tribal 
        governments in order to help those tribal communities achieve 
        target capabilities. Indian tribes shall be eligible for 
        funding directly from the States, and shall not be required to 
        seek funding from any local government.
            ``(4) Exception.--Paragraph (1) shall not apply to the 
        District of Columbia, the Commonwealth of Puerto Rico, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, Guam, 
        or the Virgin Islands.
    ``(g) Grants to Directly Eligible Tribes.--
            ``(1) In general.--Notwithstanding subsection (b), the 
        Secretary may award grants to directly eligible tribes under 
        this section.
            ``(2) Tribal applications.--A directly eligible tribe may 
        apply for a grant under this section by submitting an 
        application to the Administrator that includes the information 
        required for an application by a State under subsection (b).
            ``(3) State review.--
                    ``(A) In general.--To ensure consistency with State 
                homeland security plans, a directly eligible tribe 
                applying for a grant under this section shall submit 
                its application to each State within which any part of 
                the tribe is located for review before submission of 
                such application to the Department.
                    ``(B) Deadline.--Not later than 30 days after 
                receiving an application from a directly eligible tribe 
                under subparagraph (A), each such State shall transmit 
                the application to the Department.
                    ``(C) State disagreement.--If the Governor of any 
                such State determines that the application of a 
                directly eligible tribe is inconsistent with the State 
                homeland security plan of that State, or otherwise does 
                not support the application, the Governor shall--
                            ``(i) notify the Administrator, in writing, 
                        of that fact; and
                            ``(ii) provide an explanation of the reason 
                        for not supporting the application at the time 
                        of transmission of the application.
            ``(4) Distribution of awards to directly eligible tribes.--
        If the Administrator awards funds to a directly eligible tribe 
        under this section, the Administrator shall distribute the 
        grant funds directly to the directly eligible tribe. The funds 
        shall not be distributed to the State or States in which the 
        directly eligible tribe is located.
            ``(5) Tribal liaison.--A directly eligible tribe applying 
        for a grant under this section shall designate a specific 
        individual to serve as the tribal liaison who shall--
                    ``(A) coordinate with Federal, State, local, 
                regional, and private officials concerning terrorism 
                preparedness;
                    ``(B) develop a process for receiving input from 
                Federal, State, local, regional, and private officials 
                to assist in the development of the application of such 
                tribe and to improve the access of such tribe to 
                grants; and
                    ``(C) administer, in consultation with State, 
                local, regional, and private officials, grants awarded 
                to such tribe.
            ``(6) Tribes receiving direct grants.--A directly eligible 
        tribe that receives a grant directly under this section is 
        eligible to receive funds for other purposes under a grant from 
        the State or States within the boundaries of which any part of 
        such tribe is located, consistent with the homeland security 
        plan of the State.
            ``(7) Rule of construction.--Nothing in this section shall 
        be construed to affect the authority of an Indian tribe that 
        receives funds under this section.
    ``(h) Opportunity To Amend.--In considering applications for grants 
under this section, the Administrator shall provide applicants with a 
reasonable opportunity to correct defects in the application, if any, 
before making final awards.
    ``(i) Allowable Uses.--Grants awarded under this section may be 
used to achieve target capabilities, consistent with a State homeland 
security plan, through--
            ``(1) developing and enhancing State, local, tribal, or 
        regional plans, risk assessments, or mutual aid agreements;
            ``(2) purchasing, upgrading, storing, or maintaining 
        equipment;
            ``(3) designing, conducting, and evaluating training and 
        exercises, including exercises of mass evacuation plans under 
        section 512 and including the payment of overtime and backfill 
        costs in support of such activities;
            ``(4) responding to an increase in the threat level under 
        the Homeland Security Advisory System, including payment of 
        overtime and backfill costs;
            ``(5) establishing, enhancing, and staffing with 
        appropriately qualified personnel State and local fusion 
        centers, that comply with the guidelines established under 
        section 206(i);
            ``(6) protecting critical infrastructure and key resources 
        identified in the Critical Infrastructure List established 
        under section 1101 of the Improving America's Security Act of 
        2007, including the payment of appropriate personnel costs;
            ``(7) any activity permitted under the Fiscal Year 2007 
        Program Guidance of the Department for the State Homeland 
        Security Grant Program or the Law Enforcement Terrorism 
        Prevention Grant Program, including activities permitted under 
        the full-time counterterrorism staffing pilot; and
            ``(8) any other activity relating to achieving target 
        capabilities approved by the Administrator.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
            ``(1) for fiscal year 2007, such sums as are necessary;
            ``(2) for each of fiscal years 2008, 2009, and 2010, 
        $913,180,500; and
            ``(3) for fiscal year 2011, and each fiscal year 
        thereafter, such sums as are necessary.

``SEC. 2005. TERRORISM PREVENTION.

    ``(a) Law Enforcement Terrorism Prevention Program.--
            ``(1) In general.--The Administrator shall designate not 
        less than 25 percent of the combined amount appropriated for 
        grants under sections 2003 and 2004 to be used for law 
        enforcement terrorism prevention activities.
            ``(2) Use of funds.--Grants awarded under this subsection 
        may be used for--
                    ``(A) information sharing to preempt terrorist 
                attacks;
                    ``(B) target hardening to reduce the vulnerability 
                of selected high value targets;
                    ``(C) threat recognition to recognize the potential 
                or development of a threat;
                    ``(D) intervention activities to interdict 
                terrorists before they can execute a threat;
                    ``(E) overtime expenses related to a State homeland 
                security plan, including overtime costs associated with 
                providing enhanced law enforcement operations in 
                support of Federal agencies for increased border 
                security and border crossing enforcement;
                    ``(F) establishing, enhancing, and staffing with 
                appropriately qualified personnel State and local 
                fusion centers that comply with the guidelines 
                established under section 206(i);
                    ``(G) any other activity permitted under the Fiscal 
                Year 2007 Program Guidance of the Department for the 
                Law Enforcement Terrorism Prevention Program; and
                    ``(H) any other terrorism prevention activity 
                authorized by the Administrator.
    ``(b) Office for the Prevention of Terrorism.--
            ``(1) Establishment.--There is established in the 
        Department an Office for the Prevention of Terrorism, which 
        shall be headed by a Director.
            ``(2) Director.--
                    ``(A) Reporting.--The Director of the Office for 
                the Prevention of Terrorism shall report directly to 
                the Secretary.
                    ``(B) Qualifications.--The Director of the Office 
                for the Prevention of Terrorism shall have an 
                appropriate background with experience in law 
                enforcement, intelligence, and other antiterrorist 
                functions.
            ``(3) Assignment of personnel.--
                    ``(A) In general.--The Secretary shall assign to 
                the Office for the Prevention of Terrorism permanent 
                staff and other appropriate personnel detailed from 
                other components of the Department to carry out the 
                responsibilities under this section.
                    ``(B) Liaisons.--The Secretary shall designate 
                senior employees from each component of the Department 
                that has significant antiterrorism responsibilities to 
                act as liaisons between that component and the Office 
                for the Prevention of Terrorism.
            ``(4) Responsibilities.--The Director of the Office for the 
        Prevention of Terrorism shall--
                    ``(A) coordinate policy and operations between the 
                Department and State, local, and tribal government 
                agencies relating to preventing acts of terrorism 
                within the United States;
                    ``(B) serve as a liaison between State, local, and 
                tribal law enforcement agencies and the Department;
                    ``(C) in coordination with the Office of 
                Intelligence and Analysis, develop better methods for 
                the sharing of intelligence with State, local, and 
                tribal law enforcement agencies;
                    ``(D) work with the Administrator to ensure that 
                homeland security grants to State, local, and tribal 
                government agencies, including grants under this title, 
                the Commercial Equipment Direct Assistance Program, and 
                grants to support fusion centers and other law 
                enforcement-oriented programs are adequately focused on 
                terrorism prevention activities, including through 
                review of budget requests for those programs; and
                    ``(E) coordinate with the Federal Emergency 
                Management Agency, the Department of Justice, the 
                National Institute of Justice, law enforcement 
                organizations, and other appropriate entities to 
                support the development, promulgation, and updating, as 
                necessary, of national voluntary consensus standards 
                for training and personal protective equipment to be 
                used in a tactical environment by law enforcement 
                officers.
            ``(5) Pilot project.--
                    ``(A) In general.--The Director of the Office for 
                the Prevention of Terrorism, in coordination with the 
                Administrator, shall establish a pilot project to 
                determine the efficacy and feasibility of establishing 
                law enforcement deployment teams.
                    ``(B) Function.--The law enforcement deployment 
                teams participating in the pilot program under this 
                paragraph shall form the basis of a national network of 
                standardized law enforcement resources to assist State, 
                local, and tribal governments in responding to natural 
                disasters, acts of terrorism, or other man-made 
                disaster.
            ``(6) Construction.--Nothing in this section may be 
        construed to affect the roles or responsibilities of the 
        Department of Justice.

``SEC. 2006. RESTRICTIONS ON USE OF FUNDS.

    ``(a) Limitations on Use.--
            ``(1) Construction.--
                    ``(A) In general.--Grants awarded under this title 
                may not be used to acquire land or to construct 
                buildings or other physical facilities.
                    ``(B) Exceptions.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A), nothing in this paragraph 
                        shall prohibit the use of grants awarded under 
                        this title to achieve target capabilities 
                        through--
                                    ``(I) the construction of 
                                facilities described in section 611 of 
                                the Robert T. Stafford Disaster Relief 
                                and Emergency Assistance Act (42 U.S.C. 
                                5196); or
                                    ``(II) the alteration or remodeling 
                                of existing buildings for the purpose 
                                of making such buildings secure against 
                                terrorist attacks or able to withstand 
                                or protect against chemical, 
                                radiological, or biological attacks.
                            ``(ii) Requirements for exception.--No 
                        grant awards may be used for the purposes under 
                        clause (i) unless--
                                    ``(I) specifically approved by the 
                                Administrator;
                                    ``(II) the construction occurs 
                                under terms and conditions consistent 
                                with the requirements under section 
                                611(j)(9) of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5196(j)(9)); 
                                and
                                    ``(III) the amount allocated for 
                                purposes under clause (i) does not 
                                exceed 20 percent of the grant award.
            ``(2) Personnel.--
                    ``(A) In general.--For any grant awarded under 
                section 2003 or 2004--
                            ``(i) not more than 25 percent of the 
                        amount awarded to a grant recipient may be used 
                        to pay overtime and backfill costs; and
                            ``(ii) not more than 25 percent of the 
                        amount awarded to the grant recipient may be 
                        used to pay personnel costs not described in 
                        clause (i).
                    ``(B) Waiver.--At the request of the recipient of a 
                grant under section 2003 or section 2004, the 
                Administrator may grant a waiver of any limitation 
                under subparagraph (A).
                    ``(C) Exception. The limitations under subparagraph 
                (A) shall not apply to activities permitted under the 
                full-time counterterrorism staffing pilot, as described 
                in the Fiscal Year 2007 Program Guidance of the 
                Department for the Urban Area Security Initiative.
            ``(3) Recreation.--Grants awarded under this title may not 
        be used for recreational or social purposes.
    ``(b) Multiple-Purpose Funds.--Nothing in this title shall be 
construed to prohibit State, local, or tribal governments from using 
grant funds under sections 2003 and 2004 in a manner that enhances 
preparedness for disasters unrelated to acts of terrorism, if such use 
assists such governments in achieving capabilities for terrorism 
preparedness established by the Administrator.
    ``(c) Equipment Standards.--If an applicant for a grant under this 
title proposes to upgrade or purchase, with assistance provided under 
that grant, new equipment or systems that do not meet or exceed any 
applicable national voluntary consensus standards developed under 
section 647 of the Post-Katrina Emergency Management Reform Act of 2006 
(6 U.S.C. 747), the applicant shall include in its application an 
explanation of why such equipment or systems will serve the needs of 
the applicant better than equipment or systems that meet or exceed such 
standards.
    ``(d) Supplement Not Supplant.--Amounts appropriated for grants 
under this title shall be used to supplement and not supplant other 
State, local, and tribal government public funds obligated for the 
purposes provided under this title.

``SEC. 2007. ADMINISTRATION AND COORDINATION.

    ``(a) Administrator.--The Administrator shall, in consultation with 
other appropriate offices within the Department, have responsibility 
for administering all homeland security grant programs administered by 
the Department and for ensuring coordination among those programs and 
consistency in the guidance issued to recipients across those programs.
    ``(b) National Advisory Council.--To ensure input from and 
coordination with State, local, and tribal governments and emergency 
response providers, the Administrator shall regularly consult and work 
with the National Advisory Council established under section 508 on the 
administration and assessment of grant programs administered by the 
Department, including with respect to the development of program 
guidance and the development and evaluation of risk-assessment 
methodologies.
    ``(c) Regional Coordination.--The Administrator shall ensure that--
            ``(1) all recipients of homeland security grants 
        administered by the Department, as a condition of receiving 
        those grants, coordinate their prevention, preparedness, and 
        protection efforts with neighboring State, local, and tribal 
        governments, as appropriate; and
            ``(2) all metropolitan areas and other recipients of 
        homeland security grants administered by the Department that 
        include or substantially affect parts or all of more than 1 
        State, coordinate across State boundaries, including, where 
        appropriate, through the use of regional working groups and 
        requirements for regional plans, as a condition of receiving 
        Departmentally administered homeland security grants.
    ``(d) Planning Committees.--
            ``(1) In general.--Any State or metropolitan area receiving 
        grants under section 2003 or 2004 shall establish a planning 
        committee to assist in preparation and revision of the State, 
        regional, or local homeland security plan and to assist in 
        determining effective funding priorities.
            ``(2) Composition.--
                    ``(A) In general.--The planning committee shall 
                include representatives of significant stakeholders, 
                including--
                            ``(i) local and tribal government 
                        officials; and
                            ``(ii) emergency response providers, which 
                        shall include representatives of the fire 
                        service, law enforcement, emergency medical 
                        response, and emergency managers.
                    ``(B) Geographic representation.--The members of 
                the planning committee shall be a representative group 
                of individuals from the counties, cities, towns, and 
                Indian tribes within the State or metropolitan areas, 
                including, as appropriate, representatives of rural, 
                high-population, and high-threat jurisdictions.
            ``(3) Existing planning committees.--Nothing in this 
        subsection may be construed to require that any State or 
        metropolitan area create a planning committee if that State or 
        metropolitan area has established and uses a 
        multijurisdictional planning committee or commission that meets 
        the requirements of this subsection.
    ``(e) Interagency Coordination.--The Secretary, through the 
Administrator, in coordination with the Attorney General, the Secretary 
of Health and Human Services, and other agencies providing assistance 
to State, local, and tribal governments for preventing, preparing for, 
protecting against, responding to, and recovering from natural 
disasters, acts of terrorism, and other man-made disasters, and not 
later than 12 months after the date of enactment of the Improving 
America's Security Act of 2007, shall--
            ``(1) compile a comprehensive list of Federal programs that 
        provide assistance to State, local, and tribal governments for 
        preventing, preparing for, and responding to, natural 
        disasters, acts of terrorism, and other man-made disasters;
            ``(2) develop a proposal to coordinate, to the greatest 
        extent practicable, the planning, reporting, application, and 
        other requirements and guidance for homeland security 
        assistance programs to--
                    ``(A) eliminate redundant and duplicative 
                requirements, including onerous application and ongoing 
                reporting requirements;
                    ``(B) ensure accountability of the programs to the 
                intended purposes of such programs;
                    ``(C) coordinate allocation of grant funds to avoid 
                duplicative or inconsistent purchases by the 
                recipients; and
                    ``(D) make the programs more accessible and user 
                friendly to applicants; and
            ``(3) submit the information and proposals under paragraphs 
        (1) and (2) to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives.

``SEC. 2008. ACCOUNTABILITY.

    ``(a) Reports to Congress.--
            ``(1) Funding efficacy.--The Administrator shall submit to 
        Congress, as a component of the annual Federal Preparedness 
        Report required under section 652 of the Post-Katrina Emergency 
        Management Reform Act of 2006 (6 U.S.C. 752), an evaluation of 
        the extent to which grants Administered by the Department, 
        including the grants established by this title--
                    ``(A) have contributed to the progress of State, 
                local, and tribal governments in achieving target 
                capabilities; and
                    ``(B) have led to the reduction of risk nationally 
                and in State, local, and tribal jurisdictions.
            ``(2) Risk assessment.--
                    ``(A) In general.--For each fiscal year, the 
                Administrator shall provide to the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Homeland Security of the 
                House of Representatives a detailed and comprehensive 
                explanation of the methodology used to calculate risk 
                and compute the allocation of funds under sections 2003 
                and 2004 of this title, including--
                            ``(i) all variables included in the risk 
                        assessment and the weights assigned to each;
                            ``(ii) an explanation of how each such 
                        variable, as weighted, correlates to risk, and 
                        the basis for concluding there is such a 
                        correlation; and
                            ``(iii) any change in the methodology from 
                        the previous fiscal year, including changes in 
                        variables considered, weighting of those 
                        variables, and computational methods.
                    ``(B) Classified annex.--The information required 
                under subparagraph (A) shall be provided in 
                unclassified form to the greatest extent possible, and 
                may include a classified annex if necessary.
                    ``(C) Deadline.--For each fiscal year, the 
                information required under subparagraph (A) shall be 
                provided on the earlier of--
                            ``(i) October 31; or
                            ``(ii) 30 days before the issuance of any 
                        program guidance for grants under sections 2003 
                        and 2004.
    ``(b) Reviews and Audits.--
            ``(1) Department review.--The Administrator shall conduct 
        periodic reviews of grants made under this title to ensure that 
        recipients allocate funds consistent with the guidelines 
        established by the Department.
            ``(2) Government accountability office.--
                    ``(A) Access to information.--Each recipient of a 
                grant under this title and the Department shall provide 
                the Government Accountability Office with full access 
                to information regarding the activities carried out 
                under this title.
                    ``(B) Audits and reports.--
                            ``(i) Audit.--Not later than 12 months 
                        after the date of enactment of the Improving 
                        America's Security Act of 2007, and 
                        periodically thereafter, the Comptroller 
                        General of the United States shall conduct an 
                        audit of grants made under this title.
                            ``(ii) Report.--The Comptroller General of 
                        the United States shall submit a report to the 
                        Committee on Homeland Security and Governmental 
                        Affairs of the Senate and the Committee on 
                        Homeland Security of the House of 
                        Representatives on--
                                    ``(I) the results of any audit 
                                conducted under clause (i), including 
                                an analysis of the purposes for which 
                                the grant funds authorized under this 
                                title are being spent; and
                                    ``(II) whether the grant recipients 
                                have allocated funding consistent with 
                                the State homeland security plan and 
                                the guidelines established by the 
                                Department.
            ``(3) Audit requirement.--Grant recipients that expend 
        $500,000 or more in grant funds received under this title 
        during any fiscal year shall submit to the Administrator an 
        organization-wide financial and compliance audit report in 
        conformance with the requirements of chapter 75 of title 31, 
        United States Code.
            ``(4) Recovery audits.--The Secretary shall conduct a 
        recovery audit (as that term is defined by the Director of the 
        Office of Management and Budget under section 3561 of title 31, 
        United States Code) for any grant administered by the 
        Department with a total value of $1,000,000 or greater.
    ``(c) Remedies for Noncompliance.--
            ``(1) In general.--If the Administrator finds, after 
        reasonable notice and an opportunity for a hearing, that a 
        recipient of a grant under this title has failed to 
        substantially comply with any provision of this title, or with 
        any regulations or guidelines of the Department regarding 
        eligible expenditures, the Administrator shall--
                    ``(A) terminate any payment of grant funds to be 
                made to the recipient under this title;
                    ``(B) reduce the amount of payment of grant funds 
                to the recipient by an amount equal to the amount of 
                grants funds that were not expended by the recipient in 
                accordance with this title; or
                    ``(C) limit the use of grant funds received under 
                this title to programs, projects, or activities not 
                affected by the failure to comply.
            ``(2) Duration of penalty.--The Administrator shall apply 
        an appropriate penalty under paragraph (1) until such time as 
        the Secretary determines that the grant recipient is in full 
        compliance with this title or with applicable guidelines or 
        regulations of the Department.
            ``(3) Direct funding.--If a State fails to substantially 
        comply with any provision of this title or with applicable 
        guidelines or regulations of the Department, including failing 
        to provide local or tribal governments with grant funds or 
        resources purchased with grant funds in a timely fashion, a 
        local or tribal government entitled to receive such grant funds 
        or resources may petition the Administrator, at such time and 
        in such manner as determined by the Administrator, to request 
        that grant funds or resources be provided directly to the local 
        or tribal government.

``SEC. 2009. AUDITING.

    ``(a) Audits of Grants.--
            ``(1) In general.--Not later than the date described in 
        paragraph (2), and every 2 years thereafter, the Inspector 
        General of the Department shall conduct an audit of each entity 
        that receives a grant under the Urban Area Security Initiative, 
        the State Homeland Security Grant Program, or the Emergency 
        Management Performance Grant Program to evaluate the use of 
        funds under such grant program by such entity.
            ``(2) Timing.--The date described in this paragraph is the 
        later of 2 years after--
                    ``(A) the date of enactment of the Improving 
                America's Security Act of 2007; and
                    ``(B) the date that an entity first receives a 
                grant under the Urban Area Security Initiative, the 
                State Homeland Security Grant Program, or the Emergency 
                Management Performance Grant Program, as the case may 
                be.
            ``(3) Contents.--Each audit under this subsection shall 
        evaluate--
                    ``(A) the use of funds under the relevant grant 
                program by an entity during the 2 full fiscal years 
                before the date of that audit;
                    ``(B) whether funds under that grant program were 
                used by that entity as required by law; and
                    ``(C)(i) for each grant under the Urban Area 
                Security Initiative or the State Homeland Security 
                Grant Program, the extent to which funds under that 
                grant were used to prepare for, protect against, 
                respond to, or recover from acts of terrorism; and
                    ``(ii) for each grant under the Emergency 
                Management Performance Grant Program, the extent to 
                which funds under that grant were used to prevent, 
                prepare for, protect against, respond to, recover from, 
                or mitigate against all hazards, including natural 
                disasters, acts of terrorism, and other man-made 
                disasters.
            ``(4) Public availability on website.--The Inspector 
        General of the Department shall make each audit under this 
        subsection available on the website of the Inspector General.
            ``(5) Reporting.--
                    ``(A) In general.--Not later than 2 years and 60 
                days after the date of enactment of the Improving 
                America's Security Act of 2007, and annually 
                thereafter, the Inspector General of the Department 
                shall submit to Congress a consolidated report 
                regarding the audits conducted under this subsection.
                    ``(B) Contents.--Each report submitted under this 
                paragraph shall describe--
                            ``(i)(I) for the first such report, the 
                        audits conducted under this subsection during 
                        the 2-year period beginning on the date of 
                        enactment of the Improving America's Security 
                        Act of 2007; and
                            ``(II) for each subsequent such report, the 
                        audits conducted under this subsection during 
                        the fiscal year before the date of the 
                        submission of that report;
                            ``(ii) whether funds under each grant 
                        audited during the period described in clause 
                        (i) that is applicable to such report were used 
                        as required by law; and
                            ``(iii)(I) for grants under the Urban Area 
                        Security Initiative or the State Homeland 
                        Security Grant Program audited, the extent to 
                        which, during the period described in clause 
                        (i) that is applicable to such report, funds 
                        under such grants were used to prepare for, 
                        protect against, respond to, or recover from 
                        acts of terrorism; and
                            ``(II) for grants under the Emergency 
                        Management Performance Grant Program audited, 
                        the extent to which funds under such grants 
                        were used during the period described in clause 
                        (i) applicable to such report to prevent, 
                        prepare for, protect against, respond to, 
                        recover from, or mitigate against all hazards, 
                        including natural disasters, acts of terrorism, 
                        and other man-made disasters.
    ``(b) Audit of Other Preparedness Grants.--
            ``(1) In general.--Not later than the date described in 
        paragraph (2), the Inspector General of the Department shall 
        conduct an audit of each entity that receives a grant under the 
        Urban Area Security Initiative, the State Homeland Security 
        Grant Program, or the Emergency Management Performance Grant 
        Program to evaluate the use by that entity of any grant for 
        preparedness administered by the Department that was awarded 
        before the date of enactment of the Improving America's 
        Security Act of 2007.
            ``(2) Timing.--The date described in this paragraph is the 
        later of 2 years after--
                    ``(A) the date of enactment of the Improving 
                America's Security Act of 2007; and
                    ``(B) the date that an entity first receives a 
                grant under the Urban Area Security Initiative, the 
                State Homeland Security Grant Program, or the Emergency 
                Management Performance Grant Program, as the case may 
                be.
            ``(3) Contents.--Each audit under this subsection shall 
        evaluate--
                    ``(A) the use of funds by an entity under any grant 
                for preparedness administered by the Department that 
                was awarded before the date of enactment of the 
                Improving America's Security Act of 2007;
                    ``(B) whether funds under each such grant program 
                were used by that entity as required by law; and
                    ``(C) the extent to which such funds were used to 
                enhance preparedness.
            ``(4) Public availability on website.--The Inspector 
        General of the Department shall make each audit under this 
        subsection available on the website of the Inspector General.
            ``(5) Reporting.--
                    ``(A) In general.--Not later than 2 years and 60 
                days after the date of enactment of the Improving 
                America's Security Act of 2007, and annually 
                thereafter, the Inspector General of the Department 
                shall submit to Congress a consolidated report 
                regarding the audits conducted under this subsection.
                    ``(B) Contents.--Each report submitted under this 
                paragraph shall describe--
                            ``(i)(I) for the first such report, the 
                        audits conducted under this subsection during 
                        the 2-year period beginning on the date of 
                        enactment of the Improving America's Security 
                        Act of 2007; and
                            ``(II) for each subsequent such report, the 
                        audits conducted under this subsection during 
                        the fiscal year before the date of the 
                        submission of that report;
                            ``(ii) whether funds under each grant 
                        audited were used as required by law; and
                            ``(iii) the extent to which funds under 
                        each grant audited were used to enhance 
                        preparedness.
    ``(c) Funding for Audits.--
            ``(1) In general.--The Administrator shall withhold 1 
        percent of the total amount of each grant under the Urban Area 
        Security Initiative, the State Homeland Security Grant Program, 
        and the Emergency Management Performance Grant Program for 
        audits under this section.
            ``(2) Availability of funds.--The Administrator shall make 
        amounts withheld under this subsection available as follows:
                    ``(A) Amounts withheld from grants under the Urban 
                Area Security Initiative shall be made available for 
                audits under this section of entities receiving grants 
                under the Urban Area Security Initiative.
                    ``(B) Amounts withheld from grants under the State 
                Homeland Security Grant Program shall be made available 
                for audits under this section of entities receiving 
                grants under the State Homeland Security Grant Program.
                    ``(C) Amounts withheld from grants under the 
                Emergency Management Performance Grant Program shall be 
                made available for audits under this section of 
                entities receiving grants under the Emergency 
                Management Performance Grant Program.
    ``(d) Definition.--In this section, the term `Emergency Management 
Performance Grants Program' means the Emergency Management Performance 
Grants Program under section 662 of the Post-Katrina Emergency 
Management Reform Act of 2006 (6 U.S.C. 763; Public Law 109-295).

``SEC. 2010. SENSE OF THE SENATE.

    ``It is the sense of the Senate that, in order to ensure that the 
Nation is most effectively able to prevent, prepare for, protect 
against, respond to, recovery from, and mitigate against all hazards, 
including natural disasters, acts of terrorism, and other man-made 
disasters--
            ``(1) the Department should administer a coherent and 
        coordinated system of both terrorism-focused and all-hazards 
        grants, the essential building blocks of which include--
                    ``(A) the Urban Area Security Initiative and State 
                Homeland Security Grant Program established under this 
                title (including funds dedicated to law enforcement 
                terrorism prevention activities);
                    ``(B) the Emergency Communications Operability and 
                Interoperable Communications Grants established under 
                section 1809; and
                    ``(C) the Emergency Management Performance Grants 
                Program authorized under section 662 of the Post-
                Katrina Emergency Management Reform Act of 2006 (6 
                U.S.C. 763); and
            ``(2) to ensure a continuing and appropriate balance 
        between terrorism-focused and all-hazards preparedness, the 
        amounts appropriated for grants under the Urban Area Security 
        Initiative, State Homeland Security Grant Program, and 
        Emergency Management Performance Grants Program in any fiscal 
        year should be in direct proportion to the amounts authorized 
        for those programs for fiscal year 2008 under the amendments 
        made by titles II and IV, as applicable, of the Improving 
        America's Security Act of 2007.''.

SEC. 203. EQUIPMENT TECHNICAL ASSISTANCE TRAINING.

    (a) Sense of the Senate.--It is the sense of the Senate that the 
Department of Homeland Security shall conduct no fewer than 7,500 
trainings annually through the Domestic Preparedness Equipment 
Technical Assistance Program.
    (b) Report.--The Secretary of Homeland Security shall report no 
later than September 30 annually to the Senate Homeland Security and 
Governmental Affairs Committee, the House Homeland Security Committee, 
Senate Appropriations Subcommittee on Homeland Security, and the House 
Appropriations Subcommittee on Homeland Security--
    (a) on the number of trainings conducted that year through the 
Domestic Preparedness Equipment Technical Assistance Program; and
    (b) if the number of trainings conducted that year is less than 
7,500, an explanation of why fewer trainings were needed.

SEC. 204. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) In General.--The Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended--
            (1) by redesignating title XVIII, as added by the SAFE Port 
        Act (Public Law 109-347; 120 Stat. 1884), as title XIX;
            (2) by redesignating sections 1801 through 1806, as added 
        by the SAFE Port Act (Public Law 109-347; 120 Stat. 1884), as 
        sections 1901 through 1906, respectively;
            (3) in section 1904(a), as so redesignated, by striking 
        ``section 1802'' and inserting ``section 1902''; and
            (4) in section 1906, as so redesignated, by striking 
        ``section 1802(a)'' each place that term appears and inserting 
        ``section 1902(a)''.
    (b) Table of Contents.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 note) is amended by 
striking the items relating to title XVIII and sections 1801 through 
1806, as added by the SAFE Port Act (Public Law 109-347; 120 Stat. 
1884), and inserting the following:

             ``TITLE XIX--DOMESTIC NUCLEAR DETECTION OFFICE

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

``Sec. 2001. Definitions.
``Sec. 2002. Homeland Security Grant Program.
``Sec. 2003. Urban Area Security Initiative.
``Sec. 2004. State Homeland Security Grant Program.
``Sec. 2005. Terrorism prevention.
``Sec. 2006. Restrictions on use of funds.
``Sec. 2007. Administration and coordination.
``Sec. 2008. Accountability.
``Sec. 2009. Auditing.
``Sec. 2010. Sense of the Senate.''.

       TITLE III--COMMUNICATIONS OPERABILITY AND INTEROPERABILITY

SEC. 301. DEDICATED FUNDING TO ACHIEVE EMERGENCY COMMUNICATIONS 
              OPERABILITY AND INTEROPERABLE COMMUNICATIONS.

    (a) Emergency Communications Operability and Interoperable 
Communications.--
            (1) In general.--Title XVIII of the Homeland Security Act 
        of 2002 (6 U.S.C. 571 et seq.) (relating to emergency 
        communications) is amended by adding at the end the following:

``SEC. 1809. EMERGENCY COMMUNICATIONS OPERABILITY AND INTEROPERABLE 
              COMMUNICATIONS GRANTS.

    ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the 
        Administrator of the Federal Emergency Management Agency.
            ``(2) Emergency communications operability.--The term 
        `emergency communications operability' means the ability to 
        provide and maintain, throughout an emergency response 
        operation, a continuous flow of information among emergency 
        response providers, agencies, and government officers from 
        multiple disciplines and jurisdictions and at all levels of 
        government, in the event of a natural disaster, act of 
        terrorism, or other man-made disaster, including where there 
        has been significant damage to, or destruction of, critical 
        infrastructure, including substantial loss of ordinary 
        telecommunications infrastructure and sustained loss of 
        electricity.
    ``(b) In General.--The Administrator shall make grants to States 
for initiatives necessary to achieve, maintain, or enhance Statewide, 
regional, national and, as appropriate, international emergency 
communications operability and interoperable communications.
    ``(c) Statewide Interoperable Communications Plans.--
            ``(1) Submission of plans.--The Administrator shall require 
        any State applying for a grant under this section to submit a 
        Statewide Interoperable Communications Plan as described under 
        section 7303(f) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(f)).
            ``(2) Coordination and consultation.--The Statewide plan 
        submitted under paragraph (1) shall be developed--
                    ``(A) in coordination with local and tribal 
                governments, emergency response providers, and other 
                relevant State officers; and
                    ``(B) in consultation with and subject to 
                appropriate comment by the applicable Regional 
                Emergency Communications Coordination Working Group as 
                described under section 1805.
            ``(3) Approval.--The Administrator may not award a grant to 
        a State unless the Administrator, in consultation with the 
        Director for Emergency Communications, has approved the 
        applicable Statewide plan.
            ``(4) Revisions.--A State may revise the applicable 
        Statewide plan approved by the Administrator under this 
        subsection, subject to approval of the revision by the 
        Administrator.
    ``(d) Consistency.--The Administrator shall ensure that each grant 
is used to supplement and support, in a consistent and coordinated 
manner, any applicable State, regional, or urban area homeland security 
plan.
    ``(e) Use of Grant Funds.--Grants awarded under subsection (b) may 
be used for initiatives to achieve, maintain, or enhance emergency 
communications operability and interoperable communications, 
including--
            ``(1) Statewide or regional communications planning, 
        including governance related activities;
            ``(2) system design and engineering;
            ``(3) system procurement and installation;
            ``(4) exercises;
            ``(5) modeling and simulation exercises for operational 
        command and control functions;
            ``(6) technical assistance;
            ``(7) training; and
            ``(8) other appropriate activities determined by the 
        Administrator to be integral to achieve, maintain, or enhance 
        emergency communications operability and interoperable 
        communications.
    ``(f) Application.--
            ``(1) In general.--A State desiring a grant under this 
        section shall submit an application at such time, in such 
        manner, and accompanied by such information as the 
        Administrator may reasonably require.
            ``(2) Minimum contents.--At a minimum, each application 
        submitted under paragraph (1) shall--
                    ``(A) identify the critical aspects of the 
                communications life cycle, including planning, system 
                design and engineering, procurement and installation, 
                and training for which funding is requested;
                    ``(B) describe how--
                            ``(i) the proposed use of funds--
                                    ``(I) would be consistent with and 
                                address the goals in any applicable 
                                State, regional, or urban homeland 
                                security plan; and
                                    ``(II) unless the Administrator 
                                determines otherwise, are--
                                            ``(aa) consistent with the 
                                        National Emergency 
                                        Communications Plan under 
                                        section 1802; and
                                            ``(bb) compatible with the 
                                        national infrastructure and 
                                        national voluntary consensus 
                                        standards;
                            ``(ii) the applicant intends to spend funds 
                        under the grant, to administer such funds, and 
                        to allocate such funds among participating 
                        local and tribal governments and emergency 
                        response providers;
                            ``(iii) the State plans to allocate the 
                        grant funds on the basis of risk and 
                        effectiveness to regions, local and tribal 
                        governments to promote meaningful investments 
                        for achieving, maintaining, or enhancing 
                        emergency communications operability and 
                        interoperable communications;
                            ``(iv) the State intends to address the 
                        emergency communications operability and 
                        interoperable communications needs at the city, 
                        county, regional, State, and interstate level; 
                        and
                            ``(v) the State plans to emphasize regional 
                        planning and cooperation, both within the 
                        jurisdictional borders of that State and with 
                        neighboring States;
                    ``(C) be consistent with the Statewide 
                Interoperable Communications Plan required under 
                section 7303(f) of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (6 U.S.C. 194(f)); and
                    ``(D) include a capital budget and timeline showing 
                how the State intends to allocate and expend the grant 
                funds.
    ``(g) Award of Grants.--
            ``(1) Considerations.--In approving applications and 
        awarding grants under this section, the Administrator shall 
        consider--
                    ``(A) the nature of the threat to the State from a 
                natural disaster, act of terrorism, or other man-made 
                disaster;
                    ``(B) the location, risk, or vulnerability of 
                critical infrastructure and key national assets, 
                including the consequences from damage to critical 
                infrastructure in nearby jurisdictions as a result of 
                natural disasters, acts of terrorism, or other man-made 
                disasters;
                    ``(C) the size of the population of the State, 
                including appropriate consideration of military, 
                tourist, and commuter populations;
                    ``(D) the population density of the State;
                    ``(E) the extent to which grants will be utilized 
                to implement emergency communications operability and 
                interoperable communications solutions--
                            ``(i) consistent with the National 
                        Emergency Communications Plan under section 
                        1802 and compatible with the national 
                        infrastructure and national voluntary consensus 
                        standards; and
                            ``(ii) more efficient and cost effective 
                        than current approaches;
                    ``(F) the extent to which a grant would expedite 
                the achievement, maintenance, or enhancement of 
                emergency communications operability and interoperable 
                communications in the State with Federal, State, local, 
                and tribal governments;
                    ``(G) the extent to which a State, given its 
                financial capability, demonstrates its commitment to 
                achieve, maintain, or enhance emergency communications 
                operability and interoperable communications by 
                supplementing Federal funds with non-Federal funds;
                    ``(H) whether the State is on or near an 
                international border;
                    ``(I) whether the State encompasses an economically 
                significant border crossing;
                    ``(J) whether the State has a coastline bordering 
                an ocean, a major waterway used for interstate 
                commerce, or international waters;
                    ``(K) the extent to which geographic barriers pose 
                unusual obstacles to achieving, maintaining, or 
                enhancing emergency communications operability or 
                interoperable communications;
                    ``(L) the threats, vulnerabilities, and 
                consequences faced by the State related to at-risk 
                sites or activities in nearby jurisdictions, including 
                the need to respond to natural disasters, acts of 
                terrorism, and other man-made disasters arising in 
                those jurisdictions;
                    ``(M) the need to achieve, maintain, or enhance 
                nationwide emergency communications operability and 
                interoperable communications, consistent with the 
                National Emergency Communications Plan under section 
                1802;
                    ``(N) whether the activity for which a grant is 
                requested is being funded under another Federal or 
                State emergency communications grant program; and
                    ``(O) such other factors as are specified by the 
                Administrator in writing.
            ``(2) Review panel.--
                    ``(A) In general.--The Secretary shall establish a 
                review panel under section 871(a) to assist in 
                reviewing grant applications under this section.
                    ``(B) Recommendations.--The review panel 
                established under subparagraph (A) shall make 
                recommendations to the Administrator regarding 
                applications for grants under this section.
                    ``(C) Membership.--The review panel established 
                under subparagraph (A) shall include--
                            ``(i) individuals with technical expertise 
                        in emergency communications operability and 
                        interoperable communications;
                            ``(ii) emergency response providers; and
                            ``(iii) other relevant State and local 
                        officers.
            ``(3) Minimum grant amounts.--The Administrator shall 
        ensure that for each fiscal year--
                    ``(A) no State receives less than an amount equal 
                to 0.75 percent of the total funds appropriated for 
                grants under this section; and
                    ``(B) American Samoa, the Commonwealth of the 
                Northern Mariana Islands, Guam, and the Virgin Islands 
                each receive no less than 0.25 percent of the amounts 
                appropriated for grants under this section.
            ``(4) Availability of funds.--Any grant funds awarded that 
        may be used to support emergency communications operability or 
        interoperable communications shall, as the Administrator may 
        determine, remain available for up to 3 years, consistent with 
        section 7303(e) of the Intelligence Reform and Terrorism 
        Prevention Act of 2004 (6 U.S.C. 194(e)).
    ``(h) State Responsibilities.--
            ``(1) Pass-through of funds to local and tribal 
        governments.--The Administrator shall determine a date by which 
        a State that receives a grant shall obligate or otherwise make 
        available to local and tribal governments and emergency 
        response providers--
                    ``(A) not less than 80 percent of the funds of the 
                amount of the grant;
                    ``(B) resources purchased with the grant funds 
                having a value equal to not less than 80 percent of the 
                total amount of the grant; or
                    ``(C) grant funds combined with resources purchased 
                with the grant funds having a value equal to not less 
                than 80 percent of the total amount of the grant.
            ``(2) Certifications regarding distribution of grant funds 
        to local and tribal governments.--Any State that receives a 
        grant shall certify to the Administrator, by not later than 30 
        days after the date described under paragraph (1) with respect 
        to the grant, that the State has made available for expenditure 
        by local or tribal governments and emergency response providers 
        the required amount of grant funds under paragraph (1).
            ``(3) Report on grant spending.--
                    ``(A) In general.--Any State that receives a grant 
                shall submit a spending report to the Administrator at 
                such time, in such manner, and accompanied by such 
                information as the Administrator may reasonably 
                require.
                    ``(B) Minimum contents.--At a minimum, each report 
                under this paragraph shall include--
                            ``(i) the amount, ultimate recipients, and 
                        dates of receipt of all funds received under 
                        the grant;
                            ``(ii) the amount and the dates of 
                        disbursements of all such funds expended in 
                        compliance with paragraph (1) or under mutual 
                        aid agreements or other intrastate and 
                        interstate sharing arrangements, as applicable;
                            ``(iii) how the funds were used by each 
                        ultimate recipient or beneficiary;
                            ``(iv) the extent to which emergency 
                        communications operability and interoperable 
                        communications identified in the applicable 
                        Statewide plan and application have been 
                        achieved, maintained, or enhanced as the result 
                        of the expenditure of grant funds; and
                            ``(v) the extent to which emergency 
                        communications operability and interoperable 
                        communications identified in the applicable 
                        Statewide plan and application remain unmet.
                    ``(C) Public availability on website.--The 
                Administrator shall make each report submitted under 
                subparagraph (A) publicly available on the website of 
                the Federal Emergency Management Agency. The 
                Administrator may redact such information from the 
                reports as the Administrator determines necessary to 
                protect national security.
            ``(4) Penalties for reporting delay.--If a State fails to 
        provide the information required by the Administrator under 
        paragraph (3), the Administrator may--
                    ``(A) reduce grant payments to the State from the 
                portion of grant funds that are not required to be 
                passed through under paragraph (1);
                    ``(B) terminate payment of funds under the grant to 
                the State, and transfer the appropriate portion of 
                those funds directly to local and tribal governments 
                and emergency response providers that were intended to 
                receive funding under that grant; or
                    ``(C) impose additional restrictions or burdens on 
                the use of funds by the State under the grant, which 
                may include--
                            ``(i) prohibiting use of such funds to pay 
                        the grant-related expenses of the State; or
                            ``(ii) requiring the State to distribute to 
                        local and tribal government and emergency 
                        response providers all or a portion of grant 
                        funds that are not required to be passed 
                        through under paragraph (1).
    ``(i) Prohibited Uses.--Grants awarded under this section may not 
be used for recreational or social purposes.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
            ``(1) $400,000,000 for fiscal year 2008;
            ``(2) $500,000,000 for fiscal year 2009;
            ``(3) $600,000,000 for fiscal year 2010;
            ``(4) $800,000,000 for fiscal year 2011;
            ``(5) $1,000,000,000 for fiscal year 2012; and
            ``(6) such sums as necessary for each fiscal year 
        thereafter.
    ``(k) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude the use of funds under this 
section by a State for interim or long-term Internet Protocol-based 
interoperable solutions, notwithstanding compliance with the Project 25 
standard.''.
            (2) Technical and conforming amendment.--The table of 
        contents under section 1(b) of the Homeland Security Act of 
        2002 (6 U.S.C. 101) is amended by inserting after the item 
        relating to section 1808 the following:

``Sec. 1809. Emergency communications operability and interoperable 
                            communications grants.''
    (b) Interoperable Communications Plans.--Section 7303 of the 
Intelligence Reform and Terrorist Prevention Act of 2004 (6 U.S.C. 194) 
is amended--
            (1) in subsection (f)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(6) include information on the governance structure used 
        to develop the plan, such as all agencies and organizations 
        that participated in developing the plan and the scope and 
        timeframe of the plan; and
            ``(7) describe the method by which multi-jurisdictional, 
        multi-disciplinary input was provided from all regions of the 
        jurisdiction and the process for continuing to incorporate such 
        input.''; and
            (2) in subsection (g)(1), by striking ``or video'' and 
        inserting ``and video''.
    (c) National Emergency Communications Plan.--Section 1802(c) of the 
Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(10) set a date, including interim benchmarks, as 
        appropriate, by which State, local, and tribal governments, 
        Federal departments and agencies, emergency response providers, 
        and the private sector will achieve interoperable 
        communications as that term is defined under section 7303(g)(1) 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 194(g)(1).''.

SEC. 302. BORDER INTEROPERABILITY DEMONSTRATION PROJECT.

    (a) In General.--
            (1) Establishment.--There is established in the Department 
        an International Border Community Interoperable Communications 
        Demonstration Project (referred to in this section as 
        ``demonstration project'').
            (2) Minimum number of communities.--The Secretary shall 
        select no fewer than 6 communities to participate in a 
        demonstration project.
            (3) Location of communities.--No fewer than 3 of the 
        communities selected under paragraph (2) shall be located on 
        the northern border of the United States and no fewer than 3 of 
        the communities selected under paragraph (2) shall be located 
        on the southern border of the United States.
    (b) Program Requirements.--The demonstration projects shall--
            (1) address the interoperable communications needs of 
        emergency response providers and the National Guard;
            (2) foster interoperable emergency communications systems--
                    (A) among Federal, State, local, and tribal 
                government agencies in the United States involved in 
                preventing or responding to a natural disaster, act of 
                terrorism, or other man-made disaster; and
                    (B) with similar agencies in Canada or Mexico;
            (3) identify common international cross-border frequencies 
        for communications equipment, including radio or computer 
        messaging equipment;
            (4) foster the standardization of interoperable emergency 
        communications equipment;
            (5) identify solutions that will facilitate interoperable 
        communications across national borders expeditiously;
            (6) ensure that emergency response providers can 
        communicate with each other and the public at disaster sites;
            (7) provide training and equipment to enable emergency 
        response providers to deal with threats and contingencies in a 
        variety of environments;
            (8) identify and secure appropriate joint-use equipment to 
        ensure communications access; and
            (9) identify solutions to facilitate communications between 
        emergency response providers in communities of differing 
        population densities.
    (c) Distribution of Funds.--
            (1) In general.--The Secretary shall distribute funds under 
        this section to each community participating in a demonstration 
        project through the State, or States, in which each community 
        is located.
            (2) Other participants.--Not later than 60 days after 
        receiving funds under paragraph (1), a State shall make the 
        funds available to the local and tribal governments and 
        emergency response providers selected by the Secretary to 
        participate in a demonstration project.
    (d) Reporting.--
            (1) In general.--Not later than December 31, 2007, and each 
        year thereafter in which funds are appropriated for a 
        demonstration project, the Secretary shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a report on the demonstration projects.
            (2) Contents.--Each report under this subsection shall 
        contain the following:
                    (A) The name and location of all communities 
                involved in the demonstration project.
                    (B) The amount of funding provided to each State 
                for the demonstration project.
                    (C) An evaluation of the usefulness of the 
                demonstration project towards developing an effective 
                interoperable communications system at the borders.
                    (D) The factors that were used in determining how 
                to distribute the funds in a risk-based manner.
                    (E) The specific risks inherent to a border 
                community that make interoperable communications more 
                difficult than in non-border communities.
                    (F) The optimal ways to prioritize funding for 
                interoperable communication systems based upon risk.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary in each of fiscal years 2007, 
2008, and 2009 to carry out this section.

       TITLE IV--EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM

SEC. 401. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

    Section 622 of the Post-Katrina Emergency Management Reform Act of 
2006 (6 U.S.C. 763) is amended to read as follows:

``SEC. 622. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Population.--The term `population' means population 
        according to the most recent United States census population 
        estimates available at the start of the relevant fiscal year.
            ``(2) State.--The term `State' has the meaning given that 
        term in section 101 of the Homeland Security Act of 2002 (6 
        U.S.C. 101).
    ``(b) In General.--There is an Emergency Management Performance 
Grants Program to make grants to States to assist State, local, and 
tribal governments in preparing for, responding to, recovering from, 
and mitigating against all hazards.
    ``(c) Application.--
            ``(1) In general.--Each State may apply for a grant under 
        this section, and shall submit such information in support of 
        an application as the Administrator may reasonably require.
            ``(2) Annual applications.--Applicants for grants under 
        this section shall apply or reapply on an annual basis for 
        grants distributed under the program.
    ``(d) Allocation.--Funds available under the Emergency Management 
Performance Grants Program shall be allocated as follows:
            ``(1) Baseline amount.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), each State shall receive an amount 
                equal to 0.75 percent of the total funds appropriated 
                for grants under this section.
                    ``(B) Territories.--American Samoa, the 
                Commonwealth of the Northern Mariana Islands, Guam, and 
                the Virgin Islands each shall receive an amount equal 
                to 0.25 percent of the amounts appropriated for grants 
                under this section.
            ``(2) Per capita allocation.--The funds remaining for 
        grants under this section after allocation of the baseline 
        amounts under paragraph (1) shall be allocated to each State in 
        proportion to its population.
            ``(3) Consistency in allocation.--Notwithstanding 
        paragraphs (1) and (2), in any fiscal year in which the 
        appropriation for grants under this section is equal to or 
        greater than the appropriation for Emergency Management 
        Performance Grants in fiscal year 2007, no State shall receive 
        an amount under this section for that fiscal year less than the 
        amount that State received in fiscal year 2007.
    ``(e) Allowable Uses.--Grants awarded under this section may be 
used to prepare for, respond to, recover from, and mitigate against all 
hazards through--
            ``(1) any activity authorized under title VI or section 201 
        of the Robert T. Stafford Disaster Relief and Emergency 
        Assistance Act (42 U.S.C. 5195 et seq. and 5131);
            ``(2) any activity permitted under the Fiscal Year 2007 
        Program Guidance of the Department for Emergency Management 
        Performance Grants; and
            ``(3) any other activity approved by the Administrator that 
        will improve the emergency management capacity of State, local, 
        or tribal governments to coordinate, integrate, and enhance 
        preparedness for, response to, recovery from, or mitigation 
        against all-hazards.
    ``(f) Cost Sharing.--
            ``(1) In general.--Except as provided in subsection (i), 
        the Federal share of the costs of an activity carried out with 
        a grant under this section shall not exceed 50 percent.
            ``(2) In-kind matching.--Each recipient of a grant under 
        this section may meet the matching requirement under paragraph 
        (1) by making in-kind contributions of goods or services that 
        are directly linked with the purpose for which the grant is 
        made.
    ``(g) Distribution of Funds.--The Administrator shall not delay 
distribution of grant funds to States under this section solely because 
of delays in or timing of awards of other grants administered by the 
Department.
    ``(h) Local and Tribal Governments.--
            ``(1) In general.--In allocating grant funds received under 
        this section, a State shall take into account the needs of 
        local and tribal governments.
            ``(2) Indian tribes.--States shall be responsible for 
        allocating grant funds received under this section to tribal 
        governments in order to help those tribal communities improve 
        their capabilities in preparing for, responding to, recovering 
        from, or mitigating against all hazards. Tribal governments 
        shall be eligible for funding directly from the States, and 
        shall not be required to seek funding from any local 
        government.
    ``(i) Emergency Operations Centers Improvement Program.--
            ``(1) In general.--The Administrator may award grants to 
        States under this section to plan for, equip, upgrade, or 
        construct all-hazards State, local, or regional emergency 
        operations centers.
            ``(2) Requirements.--No grant awards under this section 
        (including for the activities specified under this subsection) 
        shall be used for construction unless such construction occurs 
        under terms and conditions consistent with the requirements 
        under section 611(j)(9) of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5196(j)(9).
            ``(3) Cost sharing.--
                    ``(A) In general.--The Federal share of the costs 
                of an activity carried out with a grant under this 
                subsection shall not exceed 75 percent.
                    ``(B) In kind matching.--Each recipient of a grant 
                for an activity under this section may meet the 
                matching requirement under subparagraph (A) by making 
                in-kind contributions of goods or services that are 
                directly linked with the purpose for which the grant is 
                made.
    ``(j) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section--
            ``(1) for fiscal year 2007, such sums as are necessary;
            ``(2) for each of fiscal years 2008, 2009, and 2010, 
        $913,180,500; and
            ``(3) for fiscal year 2011, and each fiscal year 
        thereafter, such sums as are necessary.''.

          TITLE V--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

SEC. 501. MODERNIZATION OF THE VISA WAIVER PROGRAM.

    (a) Short Title.--This section may be cited as the ``Secure Travel 
and Counterterrorism Partnership Act''.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should modernize the visa waiver 
        program by simultaneously--
                    (A) enhancing program security requirements; and
                    (B) extending visa-free travel privileges to 
                nationals of foreign countries that are allies in the 
                war on terrorism; and
            (2) the expansion described in paragraph (1) will--
                    (A) enhance bilateral cooperation on critical 
                counterterrorism and information sharing initiatives;
                    (B) support and expand tourism and business 
                opportunities to enhance long-term economic 
                competitiveness; and
                    (C) strengthen bilateral relationships.
    (c) Discretionary Visa Waiver Program Expansion.--Section 217(c) of 
the Immigration and Nationality Act (8 U.S.C. 1187(c)) is amended by 
adding at the end the following:
            ``(8) Nonimmigrant visa refusal rate flexibility.--
                    ``(A) Certification.--On the date on which an air 
                exit system is in place that can verify the departure 
                of not less than 97 percent of foreign nationals that 
                exit through airports of the United States, the 
                Secretary of Homeland Security shall certify to 
                Congress that such air exit system is in place.
                    ``(B) Waiver.--After certification by the Secretary 
                under subparagraph (A), the Secretary of Homeland 
                Security, in consultation with the Secretary of State, 
                may waive the application of paragraph (2)(A) for a 
                country--
                            ``(i) if the country meets all security 
                        requirements of this section;
                            ``(ii) if the Secretary of Homeland 
                        Security determines that the totality of the 
                        country's security risk mitigation measures 
                        provide assurance that the country's 
                        participation in the program would not 
                        compromise the law enforcement, security 
                        interests, or enforcement of the immigration 
                        laws of the United States;
                            ``(iii) if there has been a sustained 
                        reduction in the rate of refusals for 
                        nonimmigrant visitor visas for nationals of the 
                        country and conditions exist to continue such 
                        reduction;
                            ``(iv) the country cooperated with the 
                        Government of the United States on 
                        counterterrorism initiatives and information 
                        sharing before the date of its designation as a 
                        program country, and the Secretary of Homeland 
                        Security and the Secretary of State expect such 
                        cooperation will continue; and
                            ``(v)(I) if the rate of refusals for 
                        nonimmigrant visitor visas for nationals of the 
                        country during the previous full fiscal year 
                        was not more than 10 percent; or
                            ``(II) if the visa overstay rate for the 
                        country for the previous full fiscal year does 
                        not exceed the maximum visa overstay rate, once 
                        it is established under subparagraph (C).
                    ``(C) Maximum visa overstay rate.--
                            ``(i) Requirement to establish.--After 
                        certification by the Secretary under 
                        subparagraph (A), the Secretary of Homeland 
                        Security and the Secretary of State jointly 
                        shall use information from the air exit system 
                        referred to in subparagraph (A) to establish a 
                        maximum visa overstay rate for countries 
                        participating in the program pursuant to a 
                        waiver under subparagraph (B).
                            ``(ii) Visa overstay rate defined.--In this 
                        paragraph the term `visa overstay rate' means, 
                        with respect to a country, the ratio of--
                                    ``(I) the total number of nationals 
                                of that country who were admitted to 
                                the United States on the basis of a 
                                nonimmigrant visitor visa for which the 
                                period of stay authorized by such visa 
                                ended during a fiscal year and who 
                                remained in the United States 
                                unlawfully beyond the such period of 
                                stay; to
                                    ``(II) the total number of 
                                nationals of that country who were 
                                admitted to the United States on the 
                                basis of a nonimmigrant visitor visa 
                                for which the period of stay authorized 
                                by such visa ended during such fiscal 
                                year.
                            ``(iii) Report and publication.--Secretary 
                        of Homeland Security shall submit to Congress 
                        and publish in the Federal Register a notice of 
                        the maximum visa overstay rate proposed to be 
                        established under clause (i). Not less than 60 
                        days after the date such notice is submitted 
                        and published, the Secretary shall issue a 
                        final maximum visa overstay rate.
            ``(9) Discretionary security-related considerations.--In 
        determining whether to waive the application of paragraph 
        (2)(A) for a country, pursuant to paragraph (8), the Secretary 
        of Homeland Security, in consultation with the Secretary of 
        State, shall take into consideration other factors affecting 
        the security of the United States, including--
                    ``(A) airport security standards in the country;
                    ``(B) whether the country assists in the operation 
                of an effective air marshal program;
                    ``(C) the standards of passports and travel 
                documents issued by the country; and
                    ``(D) other security-related factors.''.
    (d) Security Enhancements to the Visa Waiver Program.--
            (1) In general.--Section 217 of the Immigration and 
        Nationality Act (8 U.S.C. 1187) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``Operators of aircraft'' 
                        and inserting the following:
            ``(10) Electronic transmission of identification 
        information.--Operators of aircraft''; and
                            (ii) by adding at the end the following:
            ``(11) Eligibility determination under the electronic 
        travel authorization system.--Beginning on the date on which 
        the electronic travel authorization system developed under 
        subsection (h)(3) is fully operational, each alien traveling 
        under the program shall, before applying for admission, 
        electronically provide basic biographical information to the 
        system. Upon review of such biographical information, the 
        Secretary of Homeland Security shall determine whether the 
        alien is eligible to travel to the United States under the 
        program.'';
                    (B) in subsection (c), as amended by subsection (c) 
                of this section--
                            (i) in paragraph (2)--
                                    (I) by amending subparagraph (D) to 
                                read as follows:
                    ``(D) Reporting lost and stolen passports.--The 
                government of the country enters into an agreement with 
                the United States to report, or make available through 
                Interpol, to the United States Government information 
                about the theft or loss of passports within a strict 
                time limit and in a manner specified in the 
                agreement.''; and
                                    (II) by adding at the end the 
                                following:
                    ``(E) Repatriation of aliens.--The government of a 
                country accepts for repatriation any citizen, former 
                citizen, or national against whom a final executable 
                order of removal is issued not later than 3 weeks after 
                the issuance of the final order of removal. Nothing in 
                this subparagraph creates any duty for the United 
                States or any right for any alien with respect to 
                removal or release. Nothing in this subparagraph gives 
                rise to any cause of action or claim under this 
                paragraph or any other law against any official of the 
                United States or of any State to compel the release, 
                removal, or consideration for release or removal of any 
                alien.
                    ``(F) Passenger information exchange.--The 
                government of the country enters into an agreement with 
                the United States to share information regarding 
                whether nationals of that country traveling to the 
                United States represent a threat to the security or 
                welfare of the United States or its citizens.'';.
                            (ii) in paragraph (5)--
                                    (I) by striking ``Attorney 
                                General'' each place it appears and 
                                inserting ``Secretary of Homeland 
                                Security''; and
                                    (II) in subparagraph (A)(i)--
                                            (aa) in subclause (II), by 
                                        striking ``and'' at the end;
                                            (bb) in subclause (III), by 
                                        striking the period at the end 
                                        and inserting ``; and''; and
                                            (cc) by adding at the end 
                                        the following:
                                    ``(IV) shall submit to Congress a 
                                report regarding the implementation of 
                                the electronic travel authorization 
                                system under subsection (h)(3) and the 
                                participation of new countries in the 
                                program through a waiver under 
                                paragraph (8).''; and
                            (iii) by adding at the end the following:
            ``(10) Technical assistance.--The Secretary of Homeland 
        Security, in consultation with the Secretary of State, shall 
        provide technical assistance to program countries to assist 
        those countries in meeting the requirements under this 
        section.'';
                    (C) in subsection (d), by adding at the end the 
                following: ``The Secretary of Homeland Security may not 
                waive any eligibility requirement under this section 
                unless the Secretary notifies the appropriate 
                congressional committees not later than 30 days before 
                the effective date of such waiver.'';
                    (D) in subsection (f)(5), by striking ``of blank'' 
                and inserting ``or loss of''; and
                    (E) in subsection (h), by adding at the end the 
                following:
            ``(3) Electronic travel authorization system.--
                    ``(A) System.--The Secretary of Homeland Security, 
                in consultation with the Secretary of State, is 
                authorized to develop and implement a fully automated 
                electronic travel authorization system (referred to in 
                this paragraph as the `System') to collect such basic 
                biographical information as the Secretary of Homeland 
                Security determines to be necessary to determine, in 
                advance of travel, the eligibility of an alien to 
                travel to the United States under the program.
                    ``(B) Fees.--The Secretary of Homeland Security may 
                charge a fee for the use of the System, which shall 
                be--
                            ``(i) set at a level that will ensure 
                        recovery of the full costs of providing and 
                        administering the System; and
                            ``(ii) available to pay the costs incurred 
                        to administer the System.
                    ``(C) Validity.--
                            ``(i) Period.--The Secretary of Homeland 
                        Security, in consultation with the Secretary of 
                        State shall prescribe regulations that provide 
                        for a period, not to exceed 3 years, during 
                        which a determination of eligibility to travel 
                        under the program will be valid. 
                        Notwithstanding any other provision under this 
                        section, the Secretary of Homeland Security may 
                        revoke any such determination at any time and 
                        for any reason.
                            ``(ii) Limitation.--A determination that an 
                        alien is eligible to travel to the United 
                        States under the program is not a determination 
                        that the alien is admissible to the United 
                        States.
                            ``(iii) Judicial review.--Notwithstanding 
                        any other provision of law, no court shall have 
                        jurisdiction to review an eligibility 
                        determination under the System.
                    ``(D) Report.--Not later than 60 days before 
                publishing notice regarding the implementation of the 
                System in the Federal Register, the Secretary of 
                Homeland Security shall submit a report regarding the 
                implementation of the System to--
                            ``(i) the Committee on Homeland Security 
                        and Governmental Affairs of the Senate;
                            ``(ii) the Committee on the Judiciary of 
                        the Senate;
                            ``(iii) the Select Committee on 
                        Intelligence of the Senate;
                            ``(iv) the Committee on Appropriations of 
                        the Senate;
                            ``(v) the Committee on Homeland Security of 
                        the House of Representatives;
                            ``(vi) the Committee on the Judiciary of 
                        the House of Representatives;
                            ``(vii) the Permanent Select Committee on 
                        Intelligence of the House of Representatives; 
                        and
                            ``(viii) the Committee on Appropriations of 
                        the House of Representatives.''.
            (2) Effective date.--Section 217(a)(11) of the Immigration 
        and Nationality Act, as added by paragraph (1)(A)(ii) shall 
        take effect on the date which is 60 days after the date on 
        which the Secretary of Homeland Security publishes notice in 
        the Federal Register of the requirement under such paragraph.
    (e) Exit System.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of Homeland Security shall 
        establish an exit system that records the departure on a flight 
        leaving the United States of every alien participating in the 
        visa waiver program established under section 217 of the 
        Immigration and Nationality Act (8 U.S.C. 1187).
            (2) System requirements.--The system established under 
        paragraph (1) shall--
                    (A) match biometric information of the alien 
                against relevant watch lists and immigration 
                information; and
                    (B) compare such biometric information against 
                manifest information collected by air carriers on 
                passengers departing the United States to confirm such 
                individuals have departed the United States.
            (3) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary shall submit a report to 
        Congress that describes--
                    (A) the progress made in developing and deploying 
                the exit system established under this subsection; and
                    (B) the procedures by which the Secretary will 
                improve the manner of calculating the rates of 
                nonimmigrants who violate the terms of their visas by 
                remaining in the United States after the expiration of 
                such visas.
    (f) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section 
and the amendments made by this section.

SEC. 502. STRENGTHENING THE CAPABILITIES OF THE HUMAN SMUGGLING AND 
              TRAFFICKING CENTER.

    (a) In General.--Section 7202 of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (8 U.S.C. 1777) is amended--
            (1) in subsection (c)(1), by striking ``address'' and 
        inserting ``integrate and disseminate intelligence and 
        information related to'';
            (2) by redesignating subsections (d) and (e) as subsections 
        (g) and (h), respectively; and
            (3) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Director.--The Secretary of Homeland Security shall nominate 
an official of the Government of the United States to serve as the 
Director of the Center, in accordance with the requirements of the 
memorandum of understanding entitled the `Human Smuggling and 
Trafficking Center (HSTC) Charter'.
    ``(e) Staffing of the Center.--
            ``(1) In general.--The Secretary of Homeland Security, in 
        cooperation with heads of other relevant agencies and 
        departments, shall ensure that the Center is staffed with not 
        fewer than 40 full-time equivalent positions, including, as 
        appropriate, detailees from the following:
                    ``(A) The Office of Intelligence and Analysis.
                    ``(B) The Transportation Security Administration.
                    ``(C) The United States Citizenship and Immigration 
                Services.
                    ``(D) The United States Customs and Border 
                Protection.
                    ``(E) The United States Coast Guard.
                    ``(F) The United States Immigration and Customs 
                Enforcement.
                    ``(G) The Central Intelligence Agency.
                    ``(H) The Department of Defense.
                    ``(I) The Department of the Treasury.
                    ``(J) The National Counterterrorism Center.
                    ``(K) The National Security Agency.
                    ``(L) The Department of Justice.
                    ``(M) The Department of State.
                    ``(N) Any other relevant agency or department.
            ``(2) Expertise of detailees.--The Secretary of Homeland 
        Security, in cooperation with the head of each agency, 
        department, or other entity set out under paragraph (1), shall 
        ensure that the detailees provided to the Center under 
        paragraph (1) include an adequate number of personnel with 
        experience in the area of--
                    ``(A) consular affairs;
                    ``(B) counterterrorism;
                    ``(C) criminal law enforcement;
                    ``(D) intelligence analysis;
                    ``(E) prevention and detection of document fraud;
                    ``(F) border inspection; or
                    ``(G) immigration enforcement.
            ``(3) Reimbursement for detailees.--To the extent that 
        funds are available for such purpose, the Secretary of Homeland 
        Security shall provide reimbursement to each agency or 
        department that provides a detailee to the Center, in such 
        amount or proportion as is appropriate for costs associated 
        with the provision of such detailee, including costs for travel 
        by, and benefits provided to, such detailee.
    ``(f) Administrative Support and Funding.--The Secretary of 
Homeland Security shall provide to the Center the administrative 
support and funding required for its maintenance, including funding for 
personnel, leasing of office space, supplies, equipment, technology, 
training, and travel expenses necessary for the Center to carry out its 
functions.''.
    (b) Report.--Subsection (g) of section 7202 of the Intelligence 
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1777), as 
redesignated by subsection (a)(2), is amended--
            (1) in the heading, by striking ``Report'' and inserting 
        ``Initial report'';
            (2) by redesignating such subsection (g) as paragraph (1);
            (3) by indenting such paragraph, as so designated, four ems 
        from the left margin;
            (4) by inserting before such paragraph, as so designated, 
        the following:
    ``(g) Report.--''; and
            (5) by inserting after such paragraph, as so designated, 
        the following new paragraph:
            ``(2) Follow-up report.--Not later than 180 days after the 
        date of enactment of the Improving America's Security Act of 
        2007, the President shall transmit to Congress a report 
        regarding the operation of the Center and the activities 
        carried out by the Center, including a description of--
                    ``(A) the roles and responsibilities of each agency 
                or department that is participating in the Center;
                    ``(B) the mechanisms used to share information 
                among each such agency or department;
                    ``(C) the staff provided to the Center by each such 
                agency or department;
                    ``(D) the type of information and reports being 
                disseminated by the Center; and
                    ``(E) any efforts by the Center to create a 
                centralized Federal Government database to store 
                information related to illicit travel of foreign 
                nationals, including a description of any such database 
                and of the manner in which information utilized in such 
                a database would be collected, stored, and shared.''.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary to carry out section 7202 of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 
1777), as amended by this section, $20,000,000 for fiscal year 2008.

SEC. 503. ENHANCEMENTS TO THE TERRORIST TRAVEL PROGRAM.

    Section 7215 of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (6 U.S.C. 123) is amended to read as follows:

``SEC. 7215. TERRORIST TRAVEL PROGRAM.

    ``(a) Requirement to Establish.--Not later than 90 days after the 
date of enactment of the Improving America's Security Act of 2007, the 
Secretary of Homeland Security, in consultation with the Director of 
the National Counterterrorism Center and consistent with the strategy 
developed under section 7201, shall establish a program to oversee the 
implementation of the Secretary's responsibilities with respect to 
terrorist travel.
    ``(b) Head of the Program.--The Secretary of Homeland Security 
shall designate an official of the Department of Homeland Security to 
be responsible for carrying out the program. Such official shall be--
            ``(1) the Assistant Secretary for Policy of the Department 
        of Homeland Security; or
            ``(2) an official appointed by the Secretary who reports 
        directly to the Secretary.
    ``(c) Duties.--The official designated under subsection (b) shall 
assist the Secretary of Homeland Security in improving the Department's 
ability to prevent terrorists from entering the United States or 
remaining in the United States undetected by--
            ``(1) developing relevant strategies and policies;
            ``(2) reviewing the effectiveness of existing programs and 
        recommending improvements, if necessary;
            ``(3) making recommendations on budget requests and on the 
        allocation of funding and personnel;
            ``(4) ensuring effective coordination, with respect to 
        policies, programs, planning, operations, and dissemination of 
        intelligence and information related to terrorist travel--
                    ``(A) among appropriate subdivisions of the 
                Department of Homeland Security, as determined by the 
                Secretary and including--
                            ``(i) the United States Customs and Border 
                        Protection;
                            ``(ii) the United States Immigration and 
                        Customs Enforcement;
                            ``(iii) the United States Citizenship and 
                        Immigration Services;
                            ``(iv) the Transportation Security 
                        Administration; and
                            ``(v) the United States Coast Guard; and
                    ``(B) between the Department of Homeland Security 
                and other appropriate Federal agencies; and
            ``(5) serving as the Secretary's primary point of contact 
        with the National Counterterrorism Center for implementing 
        initiatives related to terrorist travel and ensuring that the 
        recommendations of the Center related to terrorist travel are 
        carried out by the Department.
    ``(d) Report.--Not later than 180 days after the date of enactment 
of the Improving America's Security Act of 2007, the Secretary of 
Homeland Security shall submit to the Committee on Homeland Security 
and Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives a report on the implementation 
of this section.''.

SEC. 504. ENHANCED DRIVER'S LICENSE.

    Section 7209(b)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (vi), by striking ``and'' at the end;
                    (B) in clause (vii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
                            ``(viii) the signing of a memorandum of 
                        agreement to initiate a pilot program with not 
                        less than 1 State to determine if an enhanced 
                        driver's license, which is machine-readable and 
                        tamper proof, not valid for certification of 
                        citizenship for any purpose other than 
                        admission into the United States from Canada, 
                        and issued by such State to an individual, may 
                        permit the individual to use the driver's 
                        license to meet the documentation requirements 
                        under subparagraph (A) for entry into the 
                        United States from Canada at the land and sea 
                        ports of entry.''; and
            (2) by adding at the end the following:
                    ``(C) Report.--Not later than 180 days after the 
                initiation of the pilot program described in 
                subparagraph (B)(viii), the Secretary of Homeland 
                Security and Secretary of State shall submit to the 
                appropriate congressional committees a report, which 
                includes--
                            ``(i) an analysis of the impact of the 
                        pilot program on national security;
                            ``(ii) recommendations on how to expand the 
                        pilot program to other States;
                            ``(iii) any appropriate statutory changes 
                        to facilitate the expansion of the pilot 
                        program to additional States and to citizens of 
                        Canada;
                            ``(iv) a plan to scan individuals 
                        participating in the pilot program against 
                        United States terrorist watch lists; and
                            ``(v) a recommendation for the type of 
                        machine-readable technology that should be used 
                        in enhanced driver's licenses, based on 
                        individual privacy considerations and the costs 
                        and feasibility of incorporating any new 
                        technology into existing driver's licenses.''.

SEC. 505. WESTERN HEMISPHERE TRAVEL INITIATIVE.

    Before publishing a final rule in the Federal Register, the 
Secretary shall conduct--
            (1) a complete cost-benefit analysis of the Western 
        Hemisphere Travel Initiative, authorized under section 7209 of 
        the Intelligence Reform and Terrorism Prevention Act of 2004 
        (Public Law 108-458; 8 U.S.C. 1185 note); and
            (2) a study of the mechanisms by which the execution fee 
        for a PASS Card could be reduced, considering the potential 
        increase in the number of applications.

SEC. 506. MODEL PORTS-OF-ENTRY.

    (a) In General.--The Secretary of Homeland Security shall--
            (1) establish a model ports-of-entry program for the 
        purpose of providing a more efficient and welcoming 
        international arrival process in order to facilitate and 
        promote business and tourist travel to the United States, while 
        also improving security; and
            (2) implement the program initially at the 20 United States 
        international airports with the greatest average annual number 
        of arriving foreign visitors.
    (b) Program Elements.--The program shall include--
            (1) enhanced queue management in the Federal Inspection 
        Services area leading up to primary inspection;
            (2) assistance for foreign travelers once they have been 
        admitted to the United States, in consultation, as appropriate, 
        with relevant governmental and nongovernmental entities; and
            (3) instructional videos, in English and such other 
        languages as the Secretary determines appropriate, in the 
        Federal Inspection Services area that explain the United States 
        inspection process and feature national, regional, or local 
        welcome videos.
    (c) Additional Customs and Border Protection Officers for High 
Volume Ports.--Subject to the availability of appropriations, before 
the end of fiscal year 2008 the Secretary of Homeland Security shall 
employ not less than an additional 200 Customs and Border Protection 
officers to address staff shortages at the 20 United States 
international airports with the highest average number of foreign 
visitors arriving annually.

             TITLE VI--PRIVACY AND CIVIL LIBERTIES MATTERS

SEC. 601. MODIFICATION OF AUTHORITIES RELATING TO PRIVACY AND CIVIL 
              LIBERTIES OVERSIGHT BOARD.

    (a) Modification of Authorities.--Section 1061 of the National 
Security Intelligence Reform Act of 2004 (title I of Public Law 108-
458; 5 U.S.C. 601 note) is amended to read as follows:

``SEC. 1061. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD.

    ``(a) In General.--There is established within the Executive Office 
of the President a Privacy and Civil Liberties Oversight Board 
(referred to in this section as the `Board').
    ``(b) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, Congress makes 
the following findings:
            ``(1) In conducting the war on terrorism, the Government 
        may need additional powers and may need to enhance the use of 
        its existing powers.
            ``(2) This shift of power and authority to the Government 
        calls for an enhanced system of checks and balances to protect 
        the precious liberties that are vital to our way of life and to 
        ensure that the Government uses its powers for the purposes for 
        which the powers were given.
    ``(c) Purpose.--The Board shall--
            ``(1) analyze and review actions the executive branch takes 
        to protect the Nation from terrorism, ensuring that the need 
        for such actions is balanced with the need to protect privacy 
        and civil liberties; and
            ``(2) ensure that liberty concerns are appropriately 
        considered in the development and implementation of laws, 
        regulations, and policies related to efforts to protect the 
        Nation against terrorism.
    ``(d) Functions.--
            ``(1) Advice and counsel on policy development and 
        implementation.--The Board shall--
                    ``(A) review proposed legislation, regulations, and 
                policies related to efforts to protect the Nation from 
                terrorism, including the development and adoption of 
                information sharing guidelines under subsections (d) 
                and (f) of section 1016;
                    ``(B) review the implementation of new and existing 
                legislation, regulations, and policies related to 
                efforts to protect the Nation from terrorism, including 
                the implementation of information sharing guidelines 
                under subsections (d) and (f) of section 1016;
                    ``(C) advise the President and the departments, 
                agencies, and elements of the executive branch to 
                ensure that privacy and civil liberties are 
                appropriately considered in the development and 
                implementation of such legislation, regulations, 
                policies, and guidelines; and
                    ``(D) in providing advice on proposals to retain or 
                enhance a particular governmental power, consider 
                whether the department, agency, or element of the 
                executive branch has established--
                            ``(i) that the need for the power is 
                        balanced with the need to protect privacy and 
                        civil liberties;
                            ``(ii) that there is adequate supervision 
                        of the use by the executive branch of the power 
                        to ensure protection of privacy and civil 
                        liberties; and
                            ``(iii) that there are adequate guidelines 
                        and oversight to properly confine its use.
            ``(2) Oversight.--The Board shall continually review--
                    ``(A) the regulations, policies, and procedures, 
                and the implementation of the regulations, policies, 
                and procedures, of the departments, agencies, and 
                elements of the executive branch to ensure that privacy 
                and civil liberties are protected;
                    ``(B) the information sharing practices of the 
                departments, agencies, and elements of the executive 
                branch to determine whether they appropriately protect 
                privacy and civil liberties and adhere to the 
                information sharing guidelines issued or developed 
                under subsections (d) and (f) of section 1016 and to 
                other governing laws, regulations, and policies 
                regarding privacy and civil liberties; and
                    ``(C) other actions by the executive branch related 
                to efforts to protect the Nation from terrorism to 
                determine whether such actions--
                            ``(i) appropriately protect privacy and 
                        civil liberties; and
                            ``(ii) are consistent with governing laws, 
                        regulations, and policies regarding privacy and 
                        civil liberties.
            ``(3) Relationship with privacy and civil liberties 
        officers.--The Board shall--
                    ``(A) review and assess reports and other 
                information from privacy officers and civil liberties 
                officers under section 1062;
                    ``(B) when appropriate, make recommendations to 
                such privacy officers and civil liberties officers 
                regarding their activities; and
                    ``(C) when appropriate, coordinate the activities 
                of such privacy officers and civil liberties officers 
                on relevant interagency matters.
            ``(4) Testimony.--The members of the Board shall appear and 
        testify before Congress upon request.
    ``(e) Reports.--
            ``(1) In 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 
                        Oversight and Government Reform of the House of 
                        Representatives, the Select Committee on 
                        Intelligence of the Senate, and the Permanent 
                        Select Committee on Intelligence of the House 
                        of Representatives; and
                            ``(II) to the President; and
                            ``(ii) which shall be in unclassified form 
                        to the greatest extent possible, with a 
                        classified annex where necessary.
            ``(2) Contents.--Not less than 2 reports submitted each 
        year under paragraph (1)(B) shall include--
                    ``(A) a description of the major activities of the 
                Board during the preceding period;
                    ``(B) information on the findings, conclusions, and 
                recommendations of the Board resulting from its advice 
                and oversight functions under subsection (d);
                    ``(C) the minority views on any findings, 
                conclusions, and recommendations of the Board resulting 
                from its advice and oversight functions under 
                subsection (d);
                    ``(D) each proposal reviewed by the Board under 
                subsection (d)(1) that--
                            ``(i) the Board advised against 
                        implementation; and
                            ``(ii) notwithstanding such advice, actions 
                        were taken to implement; and
                    ``(E) for the preceding period, any requests 
                submitted under subsection (g)(1)(D) for the issuance 
                of subpoenas that were modified or denied by the 
                Attorney General.
    ``(f) Informing the Public.--The Board shall--
            ``(1) make its reports, including its reports to Congress, 
        available to the public to the greatest extent that is 
        consistent with the protection of classified information and 
        applicable law; and
            ``(2) hold public hearings and otherwise inform the public 
        of its activities, as appropriate and in a manner consistent 
        with the protection of classified information and applicable 
        law.
    ``(g) Access to Information.--
            ``(1) Authorization.--If determined by the Board to be 
        necessary to carry out its responsibilities under this section, 
        the Board is authorized to--
                    ``(A) have access from any department, agency, or 
                element of the executive branch, or any Federal officer 
                or employee, to all relevant records, reports, audits, 
                reviews, documents, papers, recommendations, or other 
                relevant material, including classified information 
                consistent with applicable law;
                    ``(B) interview, take statements from, or take 
                public testimony from personnel of any department, 
                agency, or element of the executive branch, or any 
                Federal officer or employee;
                    ``(C) request information or assistance from any 
                State, tribal, or local government; and
                    ``(D) at the direction of a majority of the members 
                of the Board, submit a written request to the Attorney 
                General of the United States that the Attorney General 
                require, by subpoena, persons (other than departments, 
                agencies, and elements of the executive branch) to 
                produce any relevant information, documents, reports, 
                answers, records, accounts, papers, and other 
                documentary or testimonial evidence.
            ``(2) Review of subpoena request.--
                    ``(A) In general.--Not later than 30 days after the 
                date of receipt of a request by the Board under 
                paragraph (1)(D), the Attorney General shall--
                            ``(i) issue the subpoena as requested; or
                            ``(ii) provide the Board, in writing, with 
                        an explanation of the grounds on which the 
                        subpoena request has been modified or denied.
                    ``(B) Notification.--If a subpoena request is 
                modified or denied under subparagraph (A)(ii), the 
                Attorney General shall, not later than 30 days after 
                the date of that modification or denial, notify the 
                Committee on the Judiciary of the Senate and the 
                Committee on the Judiciary of the House of 
                Representatives.
            ``(3) Enforcement of subpoena.--In the case of contumacy or 
        failure to obey a subpoena issued pursuant to paragraph (1)(D), 
        the United States district court for the judicial district in 
        which the subpoenaed person resides, is served, or may be found 
        may issue an order requiring such person to produce the 
        evidence required by such subpoena.
            ``(4) Agency cooperation.--Whenever information or 
        assistance requested under subparagraph (A) or (B) of paragraph 
        (1) is, in the judgment of the Board, unreasonably refused or 
        not provided, the Board shall report the circumstances to the 
        head of the department, agency, or element concerned without 
        delay. The head of the department, agency, or element concerned 
        shall ensure that the Board is given access to the information, 
        assistance, material, or personnel the Board determines to be 
        necessary to carry out its functions.
    ``(h) Membership.--
            ``(1) Members.--The Board shall be composed of a full-time 
        chairman and 4 additional members, who shall be appointed by 
        the President, by and with the advice and consent of the 
        Senate.
            ``(2) Qualifications.--Members of the Board shall be 
        selected solely on the basis of their professional 
        qualifications, achievements, public stature, expertise in 
        civil liberties and privacy, and relevant experience, and 
        without regard to political affiliation, but in no event shall 
        more than 3 members of the Board be members of the same 
        political party.
            ``(3) Incompatible office.--An individual appointed to the 
        Board may not, while serving on the Board, be an elected 
        official, officer, or employee of the Federal Government, other 
        than in the capacity as a member of the Board.
            ``(4) Term.--Each member of the Board shall serve a term of 
        6 years, except that--
                    ``(A) a member appointed to a term of office after 
                the commencement of such term may serve under such 
                appointment only for the remainder of such term;
                    ``(B) upon the expiration of the term of office of 
                a member, the member shall continue to serve until the 
                member's successor has been appointed and qualified, 
                except that no member may serve under this 
                subparagraph--
                            ``(i) for more than 60 days when Congress 
                        is in session unless a nomination to fill the 
                        vacancy shall have been submitted to the 
                        Senate; or
                            ``(ii) after the adjournment sine die of 
                        the session of the Senate in which such 
                        nomination is submitted; and
                    ``(C) the members first appointed under this 
                subsection after the date of enactment of the Improving 
                America's Security Act of 2007 shall serve terms of 
                two, three, four, five, and six years, respectively, 
                with the term of each such member to be designated by 
                the President.
            ``(5) Quorum and meetings.--After its initial meeting, the 
        Board shall meet upon the call of the chairman or a majority of 
        its members. Three members of the Board shall constitute a 
        quorum.
    ``(i) Compensation and Travel Expenses.--
            ``(1) Compensation.--
                    ``(A) Chairman.--The chairman of the Board shall be 
                compensated at the rate of pay payable for a position 
                at level III of the Executive Schedule under section 
                5314 of title 5, United States Code.
                    ``(B) Members.--Each member of the Board shall be 
                compensated at a rate of pay payable for a position at 
                level IV of the Executive Schedule under section 5315 
                of title 5, United States Code, for each day during 
                which that member is engaged in the actual performance 
                of the duties of the Board.
            ``(2) Travel expenses.--Members of the Board shall be 
        allowed travel expenses, including per diem in lieu of 
        subsistence, at rates authorized for persons employed 
        intermittently by the Government under section 5703(b) of title 
        5, United States Code, while away from their homes or regular 
        places of business in the performance of services for the 
        Board.
    ``(j) Staff.--
            ``(1) Appointment and compensation.--The chairman of the 
        Board, in accordance with rules agreed upon by the Board, shall 
        appoint and fix the compensation of a full-time executive 
        director and such other personnel as may be necessary to enable 
        the Board to carry out its functions, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and without regard to 
        the provisions of chapter 51 and subchapter III of chapter 53 
        of such title relating to classification and General Schedule 
        pay rates, except that no rate of pay fixed under this 
        subsection may exceed the equivalent of that payable for a 
        position at level V of the Executive Schedule under section 
        5316 of title 5, United States Code.
            ``(2) Detailees.--Any Federal employee may be detailed to 
        the Board without reimbursement from the Board, and such 
        detailee shall retain the rights, status, and privileges of the 
        detailee's regular employment without interruption.
            ``(3) Consultant services.--The Board may procure the 
        temporary or intermittent services of experts and consultants 
        in accordance with section 3109 of title 5, United States Code, 
        at rates that do not exceed the daily rate paid a person 
        occupying a position at level IV of the Executive Schedule 
        under section 5315 of such title.
    ``(k) Security Clearances.--The appropriate departments, agencies, 
and elements of the executive branch shall cooperate with the Board to 
expeditiously provide the Board members and staff with appropriate 
security clearances to the extent possible under existing procedures 
and requirements.
    ``(l) Treatment as Agency, Not as Advisory Committee.--The Board--
            ``(1) is an agency (as defined in section 551(1) of title 
        5, United States Code); and
            ``(2) is not an advisory committee (as defined in section 
        3(2) of the Federal Advisory Committee Act (5 U.S.C. App.)).
    ``(m) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section amounts as follows:
            ``(1) For fiscal year 2008, $5,000,000.
            ``(2) For fiscal year 2009, $6,650,000.
            ``(3) For fiscal year 2010, $8,300,000.
            ``(4) For fiscal year 2011, $10,000,000.
            ``(5) For fiscal year 2012, and each fiscal year 
        thereafter, such sums as may be necessary.''.
    (b) Continuation of Service of Current Members of Privacy and Civil 
Liberties Board.--The members of the Privacy and Civil Liberties 
Oversight Board as of the date of enactment of this Act may continue to 
serve as members of that Board after that date, and to carry out the 
functions and exercise the powers of that Board as specified in section 
1061 of the National Security Intelligence Reform Act of 2004 (as 
amended by subsection (a)), until--
            (1) in the case of any individual serving as a member of 
        the Board under an appointment by the President, by and with 
        the advice and consent of the Senate, the expiration of a term 
        designated by the President under section 1061(h)(4)(C) of such 
        Act (as so amended);
            (2) in the case of any individual serving as a member of 
        the Board other than under an appointment by the President, by 
        and with the advice and consent of the Senate, the confirmation 
        or rejection by the Senate of that member's nomination to the 
        Board under such section 1061 (as so amended), except that no 
        such individual may serve as a member under this paragraph--
                    (A) for more than 60 days when Congress is in 
                session unless a nomination of that individual to be a 
                member of the Board has been submitted to the Senate; 
                or
                    (B) after the adjournment sine die of the session 
                of the Senate in which such nomination is submitted; or
            (3) the appointment of members of the Board under such 
        section 1061 (as so amended), except that no member may serve 
        under this paragraph--
                    (A) for more than 60 days when Congress is in 
                session unless a nomination to fill the position on the 
                Board shall have been submitted to the Senate; or
                    (B) after the adjournment sine die of the session 
                of the Senate in which such nomination is submitted.

SEC. 602. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    (a) In General.--Section 1062 of the National Security Intelligence 
Reform Act of 2004 (title I of Public Law 108-458; 118 Stat. 3688) is 
amended to read as follows:

``SEC. 1062. PRIVACY AND CIVIL LIBERTIES OFFICERS.

    ``(a) Designation and Functions.--The Attorney General, the 
Secretary of Defense, the Secretary of State, the Secretary of the 
Treasury, the Secretary of Health and Human Services, the Secretary of 
Homeland Security, the Director of National Intelligence, the Director 
of the Central Intelligence Agency, and the head of any other 
department, agency, or element of the executive branch designated by 
the Privacy and Civil Liberties Oversight Board under section 1061 to 
be appropriate for coverage under this section shall designate not less 
than 1 senior officer to--
            ``(1) assist the head of such department, agency, or 
        element and other officials of such department, agency, or 
        element in appropriately considering privacy and civil 
        liberties concerns when such officials are proposing, 
        developing, or implementing laws, regulations, policies, 
        procedures, or guidelines related to efforts to protect the 
        Nation against terrorism;
            ``(2) periodically investigate and review department, 
        agency, or element actions, policies, procedures, guidelines, 
        and related laws and their implementation to ensure that such 
        department, agency, or element is adequately considering 
        privacy and civil liberties in its actions;
            ``(3) ensure that such department, agency, or element has 
        adequate procedures to receive, investigate, respond to, and 
        redress complaints from individuals who allege such department, 
        agency, or element has violated their privacy or civil 
        liberties; and
            ``(4) in providing advice on proposals to retain or enhance 
        a particular governmental power the officer shall consider 
        whether such department, agency, or element has established--
                    ``(A) that the need for the power is balanced with 
                the need to protect privacy and civil liberties;
                    ``(B) that there is adequate supervision of the use 
                by such department, agency, or element of the power to 
                ensure protection of privacy and civil liberties; and
                    ``(C) that there are adequate guidelines and 
                oversight to properly confine its use.
    ``(b) Exception to Designation Authority.--
            ``(1) Privacy officers.--In any department, agency, or 
        element referred to in subsection (a) or designated by the 
        Privacy and Civil Liberties Oversight Board, which has a 
        statutorily created privacy officer, such officer shall perform 
        the functions specified in subsection (a) with respect to 
        privacy.
            ``(2) Civil liberties officers.--In any department, agency, 
        or element referred to in subsection (a) or designated by the 
        Board, which has a statutorily created civil liberties officer, 
        such officer shall perform the functions specified in 
        subsection (a) with respect to civil liberties.
    ``(c) Supervision and Coordination.--Each privacy officer or civil 
liberties officer described in subsection (a) or (b) shall--
            ``(1) report directly to the head of the department, 
        agency, or element concerned; and
            ``(2) coordinate their activities with the Inspector 
        General of such department, agency, or element to avoid 
        duplication of effort.
    ``(d) Agency Cooperation.--The head of each department, agency, or 
element shall ensure that each privacy officer and civil liberties 
officer--
            ``(1) has the information, material, and resources 
        necessary to fulfill the functions of such officer;
            ``(2) is advised of proposed policy changes;
            ``(3) is consulted by decision makers; and
            ``(4) is given access to material and personnel the officer 
        determines to be necessary to carry out the functions of such 
        officer.
    ``(e) Reprisal for Making Complaint.--No action constituting a 
reprisal, or threat of reprisal, for making a complaint or for 
disclosing information to a privacy officer or civil liberties officer 
described in subsection (a) or (b), or to the Privacy and Civil 
Liberties Oversight Board, that indicates a possible violation of 
privacy protections or civil liberties in the administration of the 
programs and operations of the Federal Government relating to efforts 
to protect the Nation from terrorism shall be taken by any Federal 
employee in a position to take such action, unless the complaint was 
made or the information was disclosed with the knowledge that it was 
false or with willful disregard for its truth or falsity.
    ``(f) Periodic Reports.--
            ``(1) In general.--The privacy officers and civil liberties 
        officers of each department, agency, or element referred to or 
        described in subsection (a) or (b) shall periodically, but not 
        less than quarterly, submit a report on the activities of such 
        officers--
                    ``(A)(i) to the appropriate committees of Congress, 
                including the Committee on the Judiciary of the Senate, 
                the Committee on the Judiciary of the House of 
                Representatives, the Committee on Homeland Security and 
                Governmental Affairs of the Senate, the Committee on 
                Oversight and Government Reform of the House of 
                Representatives, the Select Committee on Intelligence 
                of the Senate, and the Permanent Select Committee on 
                Intelligence of the House of Representatives;
                    ``(ii) to the head of such department, agency, or 
                element; and
                    ``(iii) to the Privacy and Civil Liberties 
                Oversight Board; and
                    ``(B) which shall be in unclassified form to the 
                greatest extent possible, with a classified annex where 
                necessary.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include information on the discharge of each of the 
        functions of the officer concerned, including--
                    ``(A) information on the number and types of 
                reviews undertaken;
                    ``(B) the type of advice provided and the response 
                given to such advice;
                    ``(C) the number and nature of the complaints 
                received by the department, agency, or element 
                concerned for alleged violations; and
                    ``(D) a summary of the disposition of such 
                complaints, the reviews and inquiries conducted, and 
                the impact of the activities of such officer.
    ``(g) Informing the Public.--Each privacy officer and civil 
liberties officer shall--
            ``(1) make the reports of such officer, including reports 
        to Congress, available to the public to the greatest extent 
        that is consistent with the protection of classified 
        information and applicable law; and
            ``(2) otherwise inform the public of the activities of such 
        officer, as appropriate and in a manner consistent with the 
        protection of classified information and applicable law.
    ``(h) Savings Clause.--Nothing in this section shall be construed 
to limit or otherwise supplant any other authorities or 
responsibilities provided by law to privacy officers or civil liberties 
officers.''.
    (b) Clerical Amendment.--The table of contents for the Intelligence 
Reform and Terrorism Prevention Act of 2004 (Public Law 108-458) is 
amended by striking the item relating to section 1062 and inserting the 
following new item:

``Sec. 1062. Privacy and civil liberties officers.''.

SEC. 603. DEPARTMENT PRIVACY OFFICER.

    Section 222 of the Homeland Security Act of 2002 (6 U.S.C. 142) is 
amended--
            (1) by inserting ``(a) Appointment and Responsibilities.--
        '' before ``The Secretary''; and
            (2) by adding at the end the following:
    ``(b) Authority To Investigate.--
            ``(1) In general.--The senior official appointed under 
        subsection (a) may--
                    ``(A) have access to all records, reports, audits, 
                reviews, documents, papers, recommendations, and other 
                materials available to the Department that relate to 
                programs and operations with respect to the 
                responsibilities of the senior official under this 
                section;
                    ``(B) make such investigations and reports relating 
                to the administration of the programs and operations of 
                the Department that are necessary or desirable as 
                determined by that senior official;
                    ``(C) subject to the approval of the Secretary, 
                require by subpoena the production, by any person other 
                than a Federal agency, of all information, documents, 
                reports, answers, records, accounts, papers, and other 
                data and documentary evidence necessary to performance 
                of the responsibilities of the senior official under 
                this section; and
                    ``(D) administer to or take from any person an 
                oath, affirmation, or affidavit, whenever necessary to 
                performance of the responsibilities of the senior 
                official under this section.
            ``(2) Enforcement of subpoenas.--Any subpoena issued under 
        paragraph (1)(C) shall, in the case of contumacy or refusal to 
        obey, be enforceable by order of any appropriate United States 
        district court.
            ``(3) Effect of oaths.--Any oath, affirmation, or affidavit 
        administered or taken under paragraph (1)(D) by or before an 
        employee of the Privacy Office designated for that purpose by 
        the senior official appointed under subsection (a) shall have 
        the same force and effect as if administered or taken by or 
        before an officer having a seal of office.
    ``(c) Supervision and Coordination.--
            ``(1) In general.--The senior official appointed under 
        subsection (a) shall--
                    ``(A) report to, and be under the general 
                supervision of, the Secretary; and
                    ``(B) coordinate activities with the Inspector 
                General of the Department in order to avoid duplication 
                of effort.
            ``(2) Notification to congress on removal.--If the 
        Secretary removes the senior official appointed under 
        subsection (a) or transfers that senior official to another 
        position or location within the Department, the Secretary 
        shall--
                    ``(A) promptly submit a written notification of the 
                removal or transfer to Houses of Congress; and
                    ``(B) include in any such notification the reasons 
                for the removal or transfer.
    ``(d) Reports by Senior Official to Congress.--The senior official 
appointed under subsection (a) shall--
            ``(1) submit reports directly to the Congress regarding 
        performance of the responsibilities of the senior official 
        under this section, without any prior comment or amendment by 
        the Secretary, Deputy Secretary, or any other officer or 
        employee of the Department or the Office of Management and 
        Budget; and
            ``(2) inform the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives not later 
        than--
                    ``(A) 30 days after the Secretary disapproves the 
                senior official's request for a subpoena under 
                subsection (b)(1)(C) or the Secretary substantively 
                modifies the requested subpoena; or
                    ``(B) 45 days after the senior official's request 
                for a subpoena under subsection (b)(1)(C), if that 
                subpoena has not either been approved or disapproved by 
                the Secretary.''.

SEC. 604. FEDERAL AGENCY DATA MINING REPORTING ACT OF 2007.

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

    TITLE VII--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

SEC. 701. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

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

``SEC. 316. NATIONAL BIOSURVEILLANCE INTEGRATION CENTER.

    ``(a) Definitions.--In this section--
            ``(1) the term `biological event of national significance' 
        means--
                    ``(A) an act of terrorism that uses a biological 
                agent, toxin, or other product derived from a 
                biological agent; or
                    ``(B) a naturally-occurring outbreak of an 
                infectious disease that may result in a national 
                epidemic;
            ``(2) the term `Member Agencies' means the departments and 
        agencies described in subsection (d)(1);
            ``(3) the term `NBIC' means the National Biosurveillance 
        Integration Center established under subsection (b);
            ``(4) the term `NBIS' means the National Biosurveillance 
        Integration System established under subsection (b); and
            ``(5) the term `Privacy Officer' means the Privacy Officer 
        appointed under section 222.
    ``(b) Establishment.--The Secretary shall establish, operate, and 
maintain a National Biosurveillance Integration Center, headed by a 
Directing Officer, under an existing office or directorate of the 
Department, subject to the availability of appropriations, to oversee 
development and operation of the National Biosurveillance Integration 
System.
    ``(c) Primary Mission.--The primary mission of the NBIC is to 
enhance the capability of the Federal Government to--
            ``(1) rapidly identify, characterize, localize, and track a 
        biological event of national significance by integrating and 
        analyzing data from human health, animal, plant, food, and 
        environmental monitoring systems (both national and 
        international); and
            ``(2) disseminate alerts and other information regarding 
        such data analysis to Member Agencies and, in consultation with 
        relevant member agencies, to agencies of State, local, and 
        tribal governments, as appropriate, to enhance the ability of 
        such agencies to respond to a biological event of national 
        significance.
    ``(d) Requirements.--The NBIC shall design the NBIS to detect, as 
early as possible, a biological event of national significance that 
presents a risk to the United States or the infrastructure or key 
assets of the United States, including--
            ``(1) if a Federal department or agency, at the discretion 
        of the head of that department or agency, has entered a 
        memorandum of understanding regarding participation in the 
        NBIC, consolidating data from all relevant surveillance systems 
        maintained by that department or agency to detect biological 
        events of national significance across human, animal, and plant 
        species;
            ``(2) seeking private sources of surveillance, both foreign 
        and domestic, when such sources would enhance coverage of 
        critical surveillance gaps;
            ``(3) using an information technology system that uses the 
        best available statistical and other analytical tools to 
        identify and characterize biological events of national 
        significance in as close to real-time as is practicable;
            ``(4) providing the infrastructure for such integration, 
        including information technology systems and space, and support 
        for personnel from Member Agencies with sufficient expertise to 
        enable analysis and interpretation of data;
            ``(5) working with Member Agencies to create information 
        technology systems that use the minimum amount of patient data 
        necessary and consider patient confidentiality and privacy 
        issues at all stages of development and apprise the Privacy 
        Officer of such efforts; and
            ``(6) alerting relevant Member Agencies and, in 
        consultation with relevant Member Agencies, public health 
        agencies of State, local, and tribal governments regarding any 
        incident that could develop into a biological event of national 
        significance.
    ``(e) Responsibilities of the Secretary.--
            ``(1) In general.--The Secretary shall--
                    ``(A) ensure that the NBIC is fully operational not 
                later than September 30, 2008;
                    ``(B) not later than 180 days after the date of 
                enactment of this section and on the date that the NBIC 
                is fully operational, submit a report to the Committee 
                on Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Homeland Security of the 
                House of Representatives on the progress of making the 
                NBIC operational addressing the efforts of the NBIC to 
                integrate surveillance efforts of Federal, State, 
                local, and tribal governments.
    ``(f) Responsibilities of the Directing Officer of the NBIC.--
            ``(1) In general.--The Directing Officer of the NBIC 
        shall--
                    ``(A) establish an entity to perform all operations 
                and assessments related to the NBIS;
                    ``(B) on an ongoing basis, monitor the availability 
                and appropriateness of contributing surveillance 
                systems and solicit new surveillance systems that would 
                enhance biological situational awareness or overall 
                performance of the NBIS;
                    ``(C) on an ongoing basis, review and seek to 
                improve the statistical and other analytical methods 
                utilized by the NBIS;
                    ``(D) receive and consider other relevant homeland 
                security information, as appropriate; and
                    ``(E) provide technical assistance, as appropriate, 
                to all Federal, regional, State, local, and tribal 
                government entities and private sector entities that 
                contribute data relevant to the operation of the NBIS.
            ``(2) Assessments.--The Directing Officer of the NBIC 
        shall--
                    ``(A) on an ongoing basis, evaluate available data 
                for evidence of a biological event of national 
                significance; and
                    ``(B) integrate homeland security information with 
                NBIS data to provide overall situational awareness and 
                determine whether a biological event of national 
                significance has occurred.
            ``(3) Information sharing.--
                    ``(A) In general.--The Directing Officer of the 
                NBIC shall--
                            ``(i) establish a method of real-time 
                        communication with the National Operations 
                        Center, to be known as the Biological Common 
                        Operating Picture;
                            ``(ii) in the event that a biological event 
                        of national significance is detected, notify 
                        the Secretary and disseminate results of NBIS 
                        assessments related to that biological event of 
                        national significance to appropriate Federal 
                        response entities and, in consultation with 
                        relevant member agencies, regional, State, 
                        local, and tribal governmental response 
                        entities in a timely manner;
                            ``(iii) provide any report on NBIS 
                        assessments to Member Agencies and, in 
                        consultation with relevant member agencies, any 
                        affected regional, State, local, or tribal 
                        government, and any private sector entity 
                        considered appropriate that may enhance the 
                        mission of such Member Agencies, governments, 
                        or entities or the ability of the Nation to 
                        respond to biological events of national 
                        significance; and
                            ``(iv) share NBIS incident or situational 
                        awareness reports, and other relevant 
                        information, consistent with the information 
                        sharing environment established under section 
                        1016 of the Intelligence Reform and Terrorism 
                        Prevention Act of 2004 (6 U.S.C. 485) and any 
                        policies, guidelines, procedures, instructions, 
                        or standards established by the President or 
                        the program manager for the implementation and 
                        management of that environment.
                    ``(B) Coordination.--The Directing Officer of the 
                NBIC shall implement the activities described in 
                subparagraph (A) in coordination with the program 
                manager for the information sharing environment of the 
                Office of the Director of National Intelligence, the 
                Under Secretary for Intelligence and Analysis, and 
                other offices or agencies of the Federal Government, as 
                appropriate.
    ``(g) Responsibilities of the NBIC Member Agencies.--
            ``(1) In general.--Each Member Agency shall--
                    ``(A) use its best efforts to integrate 
                biosurveillance information into the NBIS, with the 
                goal of promoting information sharing between Federal, 
                State, local, and tribal governments to detect 
                biological events of national significance;
                    ``(B) participate in the formation and maintenance 
                of the Biological Common Operating Picture to 
                facilitate timely and accurate detection and reporting;
                    ``(C) connect the biosurveillance data systems of 
                that Member Agency to the NBIC data system under 
                mutually-agreed protocols that maintain patient 
                confidentiality and privacy;
                    ``(D) participate in the formation of strategy and 
                policy for the operation of the NBIC and its 
                information sharing; and
                    ``(E) provide personnel to the NBIC under an 
                interagency personnel agreement and consider the 
                qualifications of such personnel necessary to provide 
                human, animal, and environmental data analysis and 
                interpretation support to the NBIC.
    ``(h) Administrative Authorities.--
            ``(1) Hiring of experts.--The Directing Officer of the NBIC 
        shall hire individuals with the necessary expertise to develop 
        and operate the NBIS.
            ``(2) Detail of personnel.--Upon the request of the 
        Directing Officer of the NBIC, the head of any Federal 
        department or agency may detail, on a reimbursable basis, any 
        of the personnel of that department or agency to the Department 
        to assist the NBIC in carrying out this section.
    ``(i) Joint Biosurveillance Leadership Council.--The Directing 
Officer of the NBIC shall--
            ``(1) establish an interagency coordination council to 
        facilitate interagency cooperation and to advise the Directing 
        Officer of the NBIC regarding recommendations to enhance the 
        biosurveillance capabilities of the Department; and
            ``(2) invite Member Agencies to serve on such council.
    ``(j) Relationship to Other Departments and Agencies.--The 
authority of the Directing Officer of the NBIC under this section shall 
not affect any authority or responsibility of any other department or 
agency of the Federal Government with respect to biosurveillance 
activities under any program administered by that department or agency.
    ``(k) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is amended by 
inserting after the item relating to section 315 the following:

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

SEC. 702. BIOSURVEILLANCE EFFORTS.

    The Comptroller General of the United States shall submit a report 
to Congress describing--
            (1) the state of Federal, State, local, and tribal 
        government biosurveillance efforts as of the date of such 
        report;
            (2) any duplication of effort at the Federal, State, local, 
        or tribal government level to create biosurveillance systems; 
        and
            (3) the integration of biosurveillance systems to allow the 
        maximizing of biosurveillance resources and the expertise of 
        Federal, State, local, and tribal governments to benefit public 
        health.

SEC. 703. INTERAGENCY COORDINATION TO ENHANCE DEFENSES AGAINST NUCLEAR 
              AND RADIOLOGICAL WEAPONS OF MASS DESTRUCTION.

    (a) In General.--The Homeland Security Act of 2002 is amended by 
adding after section 1906, as redesignated by section 203 of this Act, 
the following:

``SEC. 1907. JOINT ANNUAL REVIEW OF GLOBAL NUCLEAR DETECTION 
              ARCHITECTURE.

    ``(a) Annual Review.--
            ``(1) In general.--The Secretary, the Attorney General, the 
        Secretary of State, the Secretary of Defense, the Secretary of 
        Energy, and the Director of National Intelligence shall jointly 
        ensure interagency coordination on the development and 
        implementation of the global nuclear detection architecture by 
        ensuring that, not less frequently than once each year--
                    ``(A) each relevant agency, office, or entity--
                            ``(i) assesses its involvement, support, 
                        and participation in the development, revision, 
                        and implementation of the global nuclear 
                        detection architecture;
                            ``(ii) examines and evaluates components of 
                        the global nuclear detection architecture 
                        (including associated strategies and 
                        acquisition plans) that are related to the 
                        operations of that agency, office, or entity, 
                        to determine whether such components 
                        incorporate and address current threat 
                        assessments, scenarios, or intelligence 
                        analyses developed by the Director of National 
                        Intelligence or other agencies regarding 
                        threats related to nuclear or radiological 
                        weapons of mass destruction; and
                    ``(B) each agency, office, or entity deploying or 
                operating any technology acquired by the Office--
                            ``(i) evaluates the deployment and 
                        operation of that technology by that agency, 
                        office, or entity;
                            ``(ii) identifies detection performance 
                        deficiencies and operational or technical 
                        deficiencies in that technology; and
                            ``(iii) assesses the capacity of that 
                        agency, office, or entity to implement the 
                        responsibilities of that agency, office, or 
                        entity under the global nuclear detection 
                        architecture.
            ``(2) Technology.--Not less frequently than once each year, 
        the Secretary shall examine and evaluate the development, 
        assessment, and acquisition of technology by the Office.
    ``(b) Annual Report.--
            ``(1) In general.--Not later than March 31 of each year, 
        the Secretary, in coordination with the Attorney General, the 
        Secretary of State, the Secretary of Defense, the Secretary of 
        Energy, and the Director of National Intelligence, shall submit 
        a report regarding the compliance of such officials with this 
        section and the results of the reviews required under 
        subsection (a) to--
                    ``(A) the President;
                    ``(B) the Committee on Appropriations, the 
                Committee on Armed Services, and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate; and
                    ``(C) the Committee on Appropriations, the 
                Committee on Armed Services, and the Committee on 
                Homeland Security of the House of Representatives.
            ``(2) Form.--Each report submitted under paragraph (1) 
        shall be submitted in unclassified form to the maximum extent 
        practicable, but may include a classified annex.
    ``(c) Definition.--In this section, the term `global nuclear 
detection architecture' means the global nuclear detection architecture 
developed under section 1902.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 note) 
is amended by inserting after the item relating to section 1906, as 
added by section 203 of this Act, the following:

``Sec. 1907. Joint annual review of global nuclear detection 
                            architecture.''.

                TITLE VIII--PRIVATE SECTOR PREPAREDNESS

SEC. 801. DEFINITIONS.

    (a) In General.--In this title, the term ``voluntary national 
preparedness standards'' has the meaning given that term in section 2 
of the Homeland Security Act of 2002 (6 U.S.C. 101), as amended by this 
Act.
    (b) Homeland Security Act of 2002.--Section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101) is amended by adding at the end the 
following:
            ``(17) The term `voluntary national preparedness standards' 
        means a common set of criteria for preparedness, disaster 
        management, emergency management, and business continuity 
        programs, such as the American National Standards Institute's 
        National Fire Protection Association Standard on Disaster/
        Emergency Management and Business Continuity Programs (ANSI/
        NFPA 1600).''.

SEC. 802. RESPONSIBILITIES OF THE PRIVATE SECTOR OFFICE OF THE 
              DEPARTMENT.

    (a) In General.--Section 102(f) of the Homeland Security Act of 
2002 (6 U.S.C. 112(f)) is amended--
            (1) by redesignating paragraphs (8) through (10) as 
        paragraphs (9) through (11), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) providing information to the private sector regarding 
        voluntary national preparedness standards and the business 
        justification for preparedness and promoting to the private 
        sector the adoption of voluntary national preparedness 
        standards;''.
    (b) Private Sector Advisory Councils.--Section 102(f)(4) of the 
Homeland Security Act of 2002 (6 U.S.C. 112(f)(4)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                    ``(C) advise the Secretary on private sector 
                preparedness issues, including effective methods for--
                            ``(i) promoting voluntary national 
                        preparedness standards to the private sector;
                            ``(ii) assisting the private sector in 
                        adopting voluntary national preparedness 
                        standards; and
                            ``(iii) developing and implementing the 
                        accreditation and certification program under 
                        section 522;''.

SEC. 803. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE; 
              ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE 
              SECTOR.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 311 et seq.) is amended by adding at the end the following:

``SEC. 522. VOLUNTARY NATIONAL PREPAREDNESS STANDARDS COMPLIANCE; 
              ACCREDITATION AND CERTIFICATION PROGRAM FOR THE PRIVATE 
              SECTOR.

    ``(a) Accreditation and Certification Program.--Not later than 120 
days after the date of enactment of this section, the Secretary, in 
consultation with representatives of the organizations that coordinate 
or facilitate the development of and use of voluntary consensus 
standards, appropriate voluntary consensus standards development 
organizations, each private sector advisory council created under 
section 102(f)(4), and appropriate private sector advisory groups such 
as sector coordinating councils and information sharing and analysis 
centers, shall--
            ``(1) support the development, promulgating, and updating, 
        as necessary, of voluntary national preparedness standards; and
            ``(2) develop, implement, and promote a program to certify 
        the preparedness of private sector entities.
    ``(b) Program Elements.--
            ``(1) In general.--
                    ``(A) Program.--The program developed and 
                implemented under this section shall assess whether a 
                private sector entity complies with voluntary national 
                preparedness standards.
                    ``(B) Guidelines.--In developing the program under 
                this section, the Secretary shall develop guidelines 
                for the accreditation and certification processes 
                established under this section.
            ``(2) Standards.--The Secretary, in consultation with 
        representatives of organizations that coordinate or facilitate 
        the development of and use of voluntary consensus standards 
        representatives of appropriate voluntary consensus standards 
        development organizations, each private sector advisory council 
        created under section 102(f)(4), and appropriate private sector 
        advisory groups such as sector coordinating councils and 
        information sharing and analysis centers--
                    ``(A) shall adopt appropriate voluntary national 
                preparedness standards that promote preparedness, which 
                shall be used in the accreditation and certification 
                program under this section; and
                    ``(B) after the adoption of standards under 
                subparagraph (A), may adopt additional voluntary 
                national preparedness standards or modify or 
                discontinue the use of voluntary national preparedness 
                standards for the accreditation and certification 
                program, as necessary and appropriate to promote 
                preparedness.
            ``(3) Tiering.--The certification program developed under 
        this section may use a multiple-tiered system to rate the 
        preparedness of a private sector entity.
            ``(4) Small business concerns.--The Secretary and any 
        selected entity shall establish separate classifications and 
        methods of certification for small business concerns (as that 
        term is defined in section 3 of the Small Business Act (15 
        U.S.C. 632)) for the program under this section.
            ``(5) Considerations.--In developing and implementing the 
        program under this section, the Secretary shall--
                    ``(A) consider the unique nature of various sectors 
                within the private sector, including preparedness, 
                business continuity standards, or best practices, 
                established--
                            ``(i) under any other provision of Federal 
                        law; or
                            ``(ii) by any sector-specific agency, as 
                        defined under Homeland Security Presidential 
                        Directive-7; and
                    ``(B) coordinate the program, as appropriate, 
                with--
                            ``(i) other Department private sector 
                        related programs; and
                            ``(ii) preparedness and business continuity 
                        programs in other Federal agencies.
    ``(c) Accreditation and Certification Processes.--
            ``(1) Agreement.--
                    ``(A) In general.--Not later than 120 days after 
                the date of enactment of this section, the Secretary 
                shall enter into 1 or more agreements with the American 
                National Standards Institute or other similarly 
                qualified nongovernmental or other private sector 
                entities to carry out accreditations and oversee the 
                certification process under this section.
                    ``(B) Contents.--Any selected entity shall manage 
                the accreditation process and oversee the certification 
                process in accordance with the program established 
                under this section and accredit qualified third parties 
                to carry out the certification program established 
                under this section.
            ``(2) Procedures and requirements for accreditation and 
        certification.--
                    ``(A) In general.--The selected entities shall 
                collaborate to develop procedures and requirements for 
                the accreditation and certification processes under 
                this section, in accordance with the program 
                established under this section and guidelines developed 
                under subsection (b)(1)(B).
                    ``(B) Contents and use.--The procedures and 
                requirements developed under subparagraph (A) shall--
                            ``(i) ensure reasonable uniformity in the 
                        accreditation and certification processes if 
                        there is more than 1 selected entity; and
                            ``(ii) be used by any selected entity in 
                        conducting accreditations and overseeing the 
                        certification process under this section.
                    ``(C) Disagreement.--Any disagreement among 
                selected entities in developing procedures under 
                subparagraph (A) shall be resolved by the Secretary.
            ``(3) Designation.--A selected entity may accredit any 
        qualified third party to carry out the certification process 
        under this section.
            ``(4) Third parties.--To be accredited under paragraph (3), 
        a third party shall--
                    ``(A) demonstrate that the third party has the 
                ability to certify private sector entities in 
                accordance with the procedures and requirements 
                developed under paragraph (2);
                    ``(B) agree to perform certifications in accordance 
                with such procedures and requirements;
                    ``(C) agree not to have any beneficial interest in 
                or any direct or indirect control over--
                            ``(i) a private sector entity for which 
                        that third party conducts a certification under 
                        this section; or
                            ``(ii) any organization that provides 
                        preparedness consulting services to private 
                        sector entities;
                    ``(D) agree not to have any other conflict of 
                interest with respect to any private sector entity for 
                which that third party conducts a certification under 
                this section;
                    ``(E) maintain liability insurance coverage at 
                policy limits in accordance with the requirements 
                developed under paragraph (2); and
                    ``(F) enter into an agreement with the selected 
                entity accrediting that third party to protect any 
                proprietary information of a private sector entity 
                obtained under this section.
            ``(5) Monitoring.--
                    ``(A) In general.--The Secretary and any selected 
                entity shall regularly monitor and inspect the 
                operations of any third party conducting certifications 
                under this section to ensure that third party is 
                complying with the procedures and requirements 
                established under paragraph (2) and all other 
                applicable requirements.
                    ``(B) Revocation.--If the Secretary or any selected 
                entity determines that a third party is not meeting the 
                procedures or requirements established under paragraph 
                (2), the appropriate selected entity shall--
                            ``(i) revoke the accreditation of that 
                        third party to conduct certifications under 
                        this section; and
                            ``(ii) review any certification conducted 
                        by that third party, as necessary and 
                        appropriate.
    ``(d) Annual Review.--
            ``(1) In general.--The Secretary, in consultation with 
        representatives of the organizations that coordinate or 
        facilitate the development of and use of voluntary consensus 
        standards, appropriate voluntary consensus standards 
        development organizations, and each private sector advisory 
        council created under section 102(f)(4), shall annually review 
        the voluntary accreditation and certification program 
        established under this section to ensure the effectiveness of 
        such program and make improvements and adjustments to the 
        program as necessary and appropriate.
            ``(2) Review of standards.--Each review under paragraph (1) 
        shall include an assessment of the voluntary national 
        preparedness standards used in the program under this section.
    ``(e) Compliance by Entities Seeking Certification.--Any entity 
seeking certification under this section shall comply with all 
applicable statutes, regulations, directives, policies, and industry 
codes of practice in meeting certification requirements.
    ``(f) Voluntary Participation.--Certification under this section 
shall be voluntary for any private sector entity.
    ``(g) Public Listing.--The Secretary shall maintain and make public 
a listing of any private sector entity certified as being in compliance 
with the program established under this section, if that private sector 
entity consents to such listing.
    ``(h) Definition.--In this section, the term `selected entity' 
means any entity entering an agreement with the Secretary under 
subsection (c)(1)(A).''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101 et 
seq.) is amended by inserting after the item relating to section 521 
the following:

``Sec. 522. Voluntary national preparedness standards compliance; 
                            accreditation and certification program for 
                            the private sector.''.

SEC. 804. SENSE OF CONGRESS REGARDING PROMOTING AN INTERNATIONAL 
              STANDARD FOR PRIVATE SECTOR PREPAREDNESS.

    It is the sense of Congress that the Secretary or any entity 
designated under section 522(c)(1)(A) of the Homeland Security Act of 
2002, as added by this Act, should promote, where appropriate, efforts 
to develop a consistent international standard for private sector 
preparedness.

SEC. 805. DEMONSTRATION PROJECT.

    Not later than 120 days after the date of enactment of this Act, 
the Secretary shall--
            (1) establish a demonstration project to conduct 
        demonstrations of security management systems that--
                    (A) shall use a management system standards 
                approach; and
                    (B) may be integrated into quality, safety, 
                environmental and other internationally adopted 
                management systems; and
            (2) enter into 1 or more agreements with a private sector 
        entity to conduct such demonstrations of security management 
        systems.

SEC. 806. REPORT TO CONGRESS.

    Not later than 180 days after the date of enactment of this Act, 
the Secretary shall submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives a report detailing--
            (1) any action taken to implement this title or an 
        amendment made by this title; and
            (2) the status, as of the date of that report, of the 
        implementation of this title and the amendments made by this 
        title.

SEC. 807. RULE OF CONSTRUCTION.

    Nothing in this title may be construed to supercede any 
preparedness or business continuity standards, requirements, or best 
practices established--
            (1) under any other provision of Federal law; or
            (2) by any sector-specific agency, as defined under 
        Homeland Security Presidential Directive-7.

   TITLE IX--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

SEC. 901. TRANSPORTATION SECURITY STRATEGIC PLANNING.

    (a) In General.--Section 114(t)(1)(B) of title 49, United States 
Code, is amended to read as follows:
                    ``(B) transportation modal and intermodal security 
                plans addressing risks, threats, and vulnerabilities 
                for aviation, bridge, tunnel, commuter rail and ferry, 
                highway, maritime, pipeline, rail, mass transit, over-
                the-road bus, and other public transportation 
                infrastructure assets.''.
    (b) Contents of the National Strategy for Transportation 
Security.--Section 114(t)(3) of such title is amended--
            (1) in subparagraph (B), by inserting ``, based on risk 
        assessments conducted by the Secretary of Homeland Security 
        (including assessments conducted under section 1421 or 1503 of 
        the Improving America's Security Act of 2007 or any provision 
        of law amended by such title),'' after ``risk based 
        priorities'';
            (2) in subparagraph (D)--
                    (A) by striking ``and local'' and inserting ``, 
                local, and tribal''; and
                    (B) by striking ``private sector cooperation and 
                participation'' and inserting ``cooperation and 
                participation by private sector entities'';
            (3) in subparagraph (E)--
                    (A) by striking ``response'' and inserting 
                ``prevention, response,''; and
                    (B) by inserting ``and threatened and executed acts 
                of terrorism outside the United States to the extent 
                such acts affect United States transportation systems'' 
                before the period at the end;
            (4) in subparagraph (F), by adding at the end the 
        following: ``Transportation security research and development 
        projects shall be based, to the extent practicable, on such 
        prioritization. Nothing in the preceding sentence shall be 
        construed to require the termination of any research or 
        development project initiated by the Secretary of Homeland 
        Security before the date of enactment of the Improving 
        America's Security Act of 2007.''; and
            (5) by adding at the end the following:
                    ``(G) Short- and long-term budget recommendations 
                for Federal transportation security programs, which 
                reflect the priorities of the National Strategy for 
                Transportation Security.
                    ``(H) Methods for linking the individual 
                transportation modal security plans and the programs 
                contained therein, and a plan for addressing the 
                security needs of intermodal transportation hubs.
                    ``(I) Transportation security modal and intermodal 
                plans, including operational recovery plans to 
                expedite, to the maximum extent practicable, the return 
                to operation of an adversely affected transportation 
                system following a major terrorist attack on that 
                system or another catastrophe. These plans shall be 
                coordinated with the resumption of trade protocols 
                required under section 202 of the SAFE Port Act (6 
                U.S.C. 942).''.
    (c) Periodic Progress Reports.--Section 114(t)(4) of such title is 
amended--
            (1) in subparagraph (C)--
                    (A) in clause (i), by inserting ``, including the 
                transportation modal security plans'' before the period 
                at the end; and
                    (B) by striking clause (ii) and inserting the 
                following:
                            ``(ii) Content.--Each progress report 
                        submitted under this subparagraph shall include 
                        the following:
                                    ``(I) Recommendations for improving 
                                and implementing the National Strategy 
                                for Transportation Security and the 
                                transportation modal and intermodal 
                                security plans that the Secretary of 
                                Homeland Security, in consultation with 
                                the Secretary of Transportation, 
                                considers appropriate.
                                    ``(II) An accounting of all grants 
                                for transportation security, including 
                                grants for research and development, 
                                distributed by the Secretary of 
                                Homeland Security in the most recently 
                                concluded fiscal year and a description 
                                of how such grants accomplished the 
                                goals of the National Strategy for 
                                Transportation Security.
                                    ``(III) An accounting of all--
                                            ``(aa) funds requested in 
                                        the President's budget 
                                        submitted pursuant to section 
                                        1105 of title 31 for the most 
                                        recently concluded fiscal year 
                                        for transportation security, by 
                                        mode; and
                                            ``(bb) personnel working on 
                                        transportation security by 
                                        mode, including the number of 
                                        contractors.
                            ``(iii) Written explanation of 
                        transportation security activities not 
                        delineated in the national strategy for 
                        transportation security.--At the end of each 
                        year, the Secretary of Homeland Security shall 
                        submit to the appropriate congressional 
                        committees a written explanation of any 
                        activity inconsistent with, or not clearly 
                        delineated in, the National Strategy for 
                        Transportation Security, including the amount 
                        of funds to be expended for the activity and 
                        the number of personnel involved.''; and
            (2) in subparagraph (E), by striking ``Select''.
    (d) Priority Status.--Section 114(t)(5)(B) of such title is 
amended--
            (1) in clause (iii), by striking ``and'' at the end;
            (2) by redesignating clause (iv) as clause (v); and
            (3) by inserting after clause (iii) the following:
                            ``(iv) the transportation sector specific 
                        plan required under Homeland Security 
                        Presidential Directive-7; and''.
    (e) Coordination and Plan Distribution.--Section 114(t) of such 
title is amended by adding at the end the following:
            ``(6) Coordination.--In carrying out the responsibilities 
        under this section, the Secretary of Homeland Security, in 
        consultation with the Secretary of Transportation, shall 
        consult, as appropriate, with Federal, State, and local 
        agencies, tribal governments, private sector entities 
        (including nonprofit employee labor organizations), 
        institutions of higher learning, and other entities.
            ``(7) Plan distribution.--The Secretary of Homeland 
        Security shall make available an unclassified version of the 
        National Strategy for Transportation Security, including its 
        component transportation modal security plans, to Federal, 
        State, regional, local and tribal authorities, transportation 
        system owners or operators, private sector stakeholders 
        (including non-profit employee labor organizations), 
        institutions of higher learning, and other appropriate 
        entities.''.

SEC. 902. TRANSPORTATION SECURITY INFORMATION SHARING.

    (a) In General.--Section 114 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(u) Transportation Security Information Sharing Plan.--
            ``(1) Establishment of plan.--The Secretary of Homeland 
        Security, in consultation with the program manager of the 
        information sharing environment established under section 1016 
        of the Intelligence Reform and Terrorism Prevention Act of 2004 
        (6 U.S.C. 485), the Secretary of Transportation, and public and 
        private stakeholders, shall establish a Transportation Security 
        Information Sharing Plan. In establishing the plan, the 
        Secretary shall gather input on the development of the Plan 
        from private and public stakeholders and the program manager of 
        the information sharing environment established under section 
        1016 of the Intelligence Reform and Terrorism Prevention Act of 
        2004 (6 U.S.C. 485).
            ``(2) Purpose of plan.--The Plan shall promote sharing of 
        transportation security information between the Department of 
        Homeland Security and public and private stakeholders.
            ``(3) Content of plan.--The Plan shall include--
                    ``(A) a description of how intelligence analysts 
                within the Department of Homeland Security will 
                coordinate their activities within the Department and 
                with other Federal, State, and local agencies, and 
                tribal governments, including coordination with 
                existing modal information sharing centers and the 
                center established under section 1506 of the Improving 
                America's Security Act of 2007;
                    ``(B) the establishment of a point of contact, 
                which may be a single point of contact, for each mode 
                of transportation within the Department of Homeland 
                Security for its sharing of transportation security 
                information with public and private stakeholders, 
                including an explanation and justification to the 
                appropriate congressional committees if the point of 
                contact established pursuant to this subparagraph 
                differs from the agency within the Department that has 
                the primary authority, or has been delegated such 
                authority by the Secretary, to regulate the security of 
                that transportation mode;
                    ``(C) a reasonable deadline by which the Plan will 
                be implemented; and
                    ``(D) a description of resource needs for 
                fulfilling the Plan.
            ``(4) Coordination with the information sharing 
        environment.--The Plan shall be--
                    ``(A) implemented in coordination with the program 
                manager for the information sharing environment 
                established under section 1016 of the Intelligence 
                Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
                485); and
                    ``(B) consistent with the establishment of that 
                environment, and any policies, guidelines, procedures, 
                instructions, or standards established by the President 
                or the program manager for the implementation and 
                management of that environment.
            ``(5) Reports to congress.--
                    ``(A) In general.--Not later than 180 days after 
                the date of enactment of this subsection, the Secretary 
                shall submit to the appropriate congressional 
                committees a report containing the Plan.
                    ``(B) Annual report.--Not later than 1 year after 
                the date of enactment of this subsection, the Secretary 
                shall submit to the appropriate congressional 
                committees an annual report on updates to and the 
                implementation of the Plan.
            ``(6) Survey.--
                    ``(A) In general.--The Secretary shall conduct a 
                biennial survey of the satisfaction of the recipients 
                of transportation intelligence reports disseminated 
                under the Plan, and include the results of the survey 
                as part of the annual report to be submitted under 
                paragraph (5)(B).
                    ``(B) Information sought.--The survey conducted 
                under subparagraph (A) shall seek information about the 
                quality, speed, regularity, and classification of the 
                transportation security information products 
                disseminated from the Department of Homeland Security 
                to public and private stakeholders.
            ``(7) Security clearances.--The Secretary shall, to the 
        greatest extent practicable, take steps to expedite the 
        security clearances needed for public and private stakeholders 
        to receive and obtain access to classified information 
        distributed under this section as appropriate.
            ``(8) Classification of material.--The Secretary, to the 
        greatest extent practicable, shall provide public and private 
        stakeholders with specific and actionable information in an 
        unclassified format.
            ``(9) Definitions.--In this subsection:
                    ``(A) Appropriate congressional committees.--The 
                term `appropriate congressional committees' has the 
                meaning given that term in subsection (t), but shall 
                also include the Senate Committee on Banking, Housing, 
                and Urban Development.
                    ``(B) Plan.--The term `Plan' means the 
                Transportation Security Information Sharing Plan 
                established under paragraph (1).
                    ``(C) Public and private stakeholders.--The term 
                `public and private stakeholders' means Federal, State, 
                and local agencies, tribal governments, and appropriate 
                private entities.
                    ``(D) Secretary.--The term `Secretary' means the 
                Secretary of Homeland Security.
                    ``(E) Transportation security information.--The 
                term `transportation security information' means 
                information relating to the risks to transportation 
                modes, including aviation, bridge and tunnel, mass 
                transit, passenger and freight rail, ferry, highway, 
                maritime, pipeline, and over-the-road bus 
                transportation.''.
    (b) Congressional Oversight of Security Assurance for Public and 
Private Stakeholders.--
            (1) In general.--Except as provided in paragraph (2), the 
        Secretary shall provide a semiannual report to the Committee on 
        Homeland Security and Governmental Affairs, the Committee on 
        Commerce, Science, and Transportation, and the Committee on 
        Banking, Housing, and Urban Development of the Senate and the 
        Committee on Homeland Security and the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives that--
                    (A) identifies the job titles and descriptions of 
                the persons with whom such information is to be shared 
                under the transportation security information sharing 
                plan established under section 114(u) of title 49, 
                United States Code, as added by this Act, and explains 
                the reason for sharing the information with such 
                persons;
                    (B) describes the measures the Secretary has taken, 
                under section 114(u)(7) of that title, or otherwise, to 
                ensure proper treatment and security for any classified 
                information to be shared with the public and private 
                stakeholders under the plan; and
                    (C) explains the reason for the denial of 
                transportation security information to any stakeholder 
                who had previously received such information.
            (2) No report required if no changes in stakeholders.--The 
        Secretary is not required to provide a semiannual report under 
        paragraph (1) if no stakeholders have been added to or removed 
        from the group of persons with whom transportation security 
        information is shared under the plan since the end of the 
        period covered by the last preceding semiannual report.

SEC. 903. TRANSPORTATION SECURITY ADMINISTRATION PERSONNEL MANAGEMENT.

    (a) TSA Employee Defined.--In this section, the term ``TSA 
employee'' means an individual who holds--
            (1) any position which was transferred (or the incumbent of 
        which was transferred) from the Transportation Security 
        Administration of the Department of Transportation to the 
        Department by section 403 of the Homeland Security Act of 2002 
        (6 U.S.C. 203); or
            (2) any other position within the Department the duties and 
        responsibilities of which include carrying out 1 or more of the 
        functions that were transferred from the Transportation 
        Security Administration of the Department of Transportation to 
        the Secretary by such section.
    (b) Elimination of Certain Personnel Management Authorities.--
Effective 90 days after the date of enactment of this Act--
            (1) section 111(d) of the Aviation and Transportation 
        Security Act (49 U.S.C. 44935 note) is repealed and any 
        authority of the Secretary derived from such section 111(d) 
        shall terminate;
            (2) any personnel management system, to the extent 
        established or modified under such section 111(d) (including by 
        the Secretary through the exercise of any authority derived 
        from such section 111(d)) shall terminate; and
            (3) the Secretary shall ensure that all TSA employees are 
        subject to the same personnel management system as described in 
        paragraph (1) or (2) of subsection (e).
    (c) Establishment of Certain Uniformity Requirements.--
            (1) System under subsection (e)(1).--The Secretary shall, 
        with respect to any personnel management system described in 
        subsection (e)(1), take any measures which may be necessary to 
        provide for the uniform treatment of all TSA employees under 
        such system.
            (2) System under subsection (e)(2).--Section 9701(b) of 
        title 5, United States Code, is amended--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) in paragraph (5), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(6) provide for the uniform treatment of all TSA 
        employees (as that term is defined in section 903 of the 
        Improving America's Security Act of 2007).''.
            (3) Effective date.--
                    (A) Provisions relating to a system under 
                subsection (e)(1).--Any measures necessary to carry out 
                paragraph (1) shall take effect 90 days after the date 
                of enactment of this Act.
                    (B) Provisions relating to a system under 
                subsection (e)(2).--Any measures necessary to carry out 
                the amendments made by paragraph (2) shall take effect 
                on the later of 90 days after the date of enactment of 
                this Act and the commencement date of the system 
                involved.
    (d) Report to Congress.--
            (1) Report required.--Not later than 6 months after the 
        date of enactment of this Act, the Comptroller General of the 
        United States shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        a report on--
                    (A) the pay system that applies with respect to TSA 
                employees as of the date of enactment of this Act; and
                    (B) any changes to such system which would be made 
                under any regulations which have been prescribed under 
                chapter 97 of title 5, United States Code.
            (2) Matters for inclusion.--The report required under 
        paragraph (1) shall include--
                    (A) a brief description of each pay system 
                described in paragraphs (1)(A) and (1)(B), 
                respectively;
                    (B) a comparison of the relative advantages and 
                disadvantages of each of those pay systems; and
                    (C) such other matters as the Comptroller General 
                determines appropriate.
    (e) Personnel Management System Described.--A personnel management 
system described in this subsection is--
            (1) any personnel management system, to the extent that it 
        applies with respect to any TSA employees under section 114(n) 
        of title 49, United States Code; and
            (2) any human resources management system, established 
        under chapter 97 of title 5, United States Code.

SEC. 904. APPEAL RIGHTS AND EMPLOYEE ENGAGEMENT MECHANISM FOR PASSENGER 
              AND PROPERTY SCREENERS.

    (a) Appeal Rights for Screeners.--
            (1) In general.--Section 111(d) of the Aviation and 
        Transportation Security Act (49 U.S.C. 44935 note) is amended--
                    (A) by striking ``Notwithstanding'' and inserting 
                the following:
            ``(1) In general.--Except as provided in paragraphs (2) and 
        (3) notwithstanding''; and
                    (B) by adding at the end the following:
            ``(2) Right to appeal adverse action.--The provisions of 
        chapters 75 and 77 of title 5, United States Code, shall apply 
        to an individual employed or appointed to carry out the 
        screening functions of the Administrator under section 44901 of 
        title 49, United States Code.
            ``(3) Employee engagement mechanism for addressing 
        workplace issues.--The Under Secretary of Transportation shall 
        provide a collaborative, integrated, employee engagement 
        mechanism, subject to chapter 71 of title 5, United States 
        Code, at every airport to address workplace issues, except that 
        collective bargaining over working conditions shall not extend 
        to pay. Employees shall not have the right to engage in a 
        strike and the Under Secretary may take whatever actions may be 
        necessary to carry out the agency mission during emergencies, 
        newly imminent threats, or intelligence indicating a newly 
        imminent emergency risk. No properly classified information 
        shall be divulged in any non-authorized forum.''.
            (2) Conforming amendments.--Section 111(d)(1) of the 
        Aviation and Transportation Security Act, as amended by 
        paragraph (1)(A), is amended--
                    (A) by striking ``Under Secretary of Transportation 
                for Security'' and inserting ``Administrator of the 
                Transportation Security Administration''; and
                    (B) by striking ``Under Secretary'' each place such 
                appears and inserting ``Administrator''.
    (b) Whistleblower Protections.--Section 883 of the Homeland 
Security Act of 2002 (6 U.S.C. 463) is amended, in the matter preceding 
paragraph (1), by inserting ``, or section 111(d) of the Aviation and 
Transportation Security Act,'' after ``this Act''.
    (c) Report to Congress.--
            (1) Report required.--Not later than 6 months after the 
        date of enactment of this Act, the Comptroller General of the 
        United States shall submit to the Committee on Homeland 
        Security and Governmental Affairs of the Senate and the 
        Committee on Homeland Security of the House of Representatives 
        a report on--
                    (A) the pay system that applies with respect to TSA 
                employees as of the date of enactment of this Act; and
                    (B) any changes to such system which would be made 
                under any regulations which have been prescribed under 
                chapter 97 of title 5, United States Code.
            (2) Matters for inclusion.--The report required under 
        paragraph (1) shall include--
                    (A) a brief description of each pay system 
                described in paragraphs (1)(A) and (1)(B), 
                respectively;
                    (B) a comparison of the relative advantages and 
                disadvantages of each of those pay systems; and
                    (C) such other matters as the Comptroller General 
                determines appropriate.
    (d) This section shall take effect one day after the date of 
enactment.

SEC. 905. PLAN FOR 100 PERCENT SCANNING OF CARGO CONTAINERS.

    Section 232(c) of the Security and Accountability For Every Port 
Act (6 U.S.C. 982(c)) is amended--
            (1) by striking ``Not later'' and inserting the following:
            ``(1) In general.--Not later'';
            (2) by resetting the left margin of the text thereof 2 ems 
        from the left margin; and
            (3) by inserting at the end thereof the following:
            ``(2) Plan for 100 percent scanning of cargo containers.--
                    ``(A) In general.--The first report under paragraph 
                (1) shall include an initial plan to scan 100 percent 
                of the cargo containers destined for the United States 
                before such containers arrive in the United States.
                    ``(B) Plan contents.--The plan under subparagraph 
                (A) shall include--
                            ``(i) specific annual benchmarks for the 
                        percentage of cargo containers destined for the 
                        United States that are scanned at a foreign 
                        port;
                            ``(ii) annual increases in the benchmarks 
                        described in clause (i) until 100 percent of 
                        the cargo containers destined for the United 
                        States are scanned before arriving in the 
                        United States, unless the Secretary explains in 
                        writing to the appropriate congressional 
                        committees that inadequate progress has been 
                        made in meeting the criteria in section 232(b) 
                        for expanded scanning to be practical or 
                        feasible;
                            ``(iii) an analysis of how to effectively 
                        incorporate existing programs, including the 
                        Container Security Initiative established by 
                        section 205 and the Customs-Trade Partnership 
                        Against Terrorism established by subtitle B, to 
                        reach the benchmarks described in clause (i); 
                        and
                            ``(iv) an analysis of the scanning 
                        equipment, personnel, and technology necessary 
                        to reach the goal of 100 percent scanning of 
                        cargo containers.
                    ``(C) Subsequent reports.--Each report under 
                paragraph (1) after the initial report shall include an 
                assessment of the progress toward implementing the plan 
                under subparagraph (A).''.

                    TITLE X--INCIDENT COMMAND SYSTEM

SEC. 1001. PREIDENTIFYING AND EVALUATING MULTIJURISDICTIONAL FACILITIES 
              TO STRENGTHEN INCIDENT COMMAND; PRIVATE SECTOR 
              PREPAREDNESS.

    Section 507(c)(2) of the Homeland Security Act of 2002 (6 U.S.C. 
317(c)(2)) is amended--
            (1) in subparagraph (H), by striking ``and'' at the end;
            (2) by redesignating subparagraph (I) as subparagraph (K); 
        and
            (3) by inserting after subparagraph (H) the following:
                    ``(I) coordinating with the private sector to help 
                ensure private sector preparedness for natural 
                disasters, acts of terrorism, or other man-made 
                disasters;
                    ``(J) assisting State, local, or tribal 
                governments, where appropriate, to preidentify and 
                evaluate suitable sites where a multijurisdictional 
                incident command system can be quickly established and 
                operated from, if the need for such a system arises; 
                and''.

SEC. 1002. CREDENTIALING AND TYPING TO STRENGTHEN INCIDENT COMMAND.

    (a) In General.--Title V of the Homeland Security Act of 2002 (6 
U.S.C. 331 et seq.) is amended--
            (1) by striking section 510 and inserting the following:

``SEC. 510. CREDENTIALING AND TYPING.

    ``(a) Credentialing.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `credential' means to provide 
                documentation that can authenticate and verify the 
                qualifications and identity of managers of incidents, 
                emergency response providers, and other appropriate 
                personnel, including by ensuring that such personnel 
                possess a minimum common level of training, experience, 
                physical and medical fitness, and capability 
                appropriate for their position;
                    ``(B) the term `credentialing' means evaluating an 
                individual's qualifications for a specific position 
                under guidelines created under this subsection and 
                assigning such individual a qualification under the 
                standards developed under this subsection; and
                    ``(C) the term `credentialed' means an individual 
                has been evaluated for a specific position under the 
                guidelines created under this subsection.
            ``(2) Requirements.--
                    ``(A) In general.--The Administrator shall enter 
                into a memorandum of understanding with the 
                administrators of the Emergency Management Assistance 
                Compact, State, local, and tribal governments, 
                emergency response providers, and the organizations 
                that represent such providers, to collaborate on 
                establishing nationwide standards for credentialing all 
                personnel who are likely to respond to a natural 
                disaster, act of terrorism, or other man-made disaster.
                    ``(B) Contents.--The standards developed under 
                subparagraph (A) shall--
                            ``(i) include the minimum professional 
                        qualifications, certifications, training, and 
                        education requirements for specific emergency 
                        response functional positions that are 
                        applicable to Federal, State, local, and tribal 
                        government;
                            ``(ii) be compatible with the National 
                        Incident Management System; and
                            ``(iii) be consistent with standards for 
                        advance registration for health professions 
                        volunteers under section 319I of the Public 
                        Health Services Act (42 U.S.C. 247d-7b).
                    ``(C) Timeframe.--The Administrator shall develop 
                standards under subparagraph (A) not later than 6 
                months after the date of enactment of the Improving 
                America's Security Act of 2007.
            ``(3) Credentialing of department personnel.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Improving America's Security 
                Act of 2007, the Secretary and the Administrator shall 
                ensure that all personnel of the Department (including 
                temporary personnel and individuals in the Surge 
                Capacity Force established under section 624 of the 
                Post-Katrina Emergency Management Reform Act of 2006 (6 
                U.S.C. 711)) who are likely to respond to a natural 
                disaster, act of terrorism, or other man-made disaster 
                are credentialed.
                    ``(B) Strategic human capital plan.--Not later than 
                90 days after completion of the credentialing under 
                subparagraph (A), the Administrator shall evaluate 
                whether the workforce of the Agency complies with the 
                strategic human capital plan of the Agency developed 
                under section 10102 of title 5, United States Code, and 
                is sufficient to respond to a catastrophic incident.
            ``(4) Integration with national response plan.--
                    ``(A) Distribution of standards.--Not later than 6 
                months after the date of enactment of the Improving 
                America's Security Act of 2007, the Administrator shall 
                provide the standards developed under paragraph (2) to 
                all Federal agencies that have responsibilities under 
                the National Response Plan.
                    ``(B) Credentialing of agencies.--Not later than 6 
                months after the date on which the standards are 
                provided under subparagraph (A), each agency described 
                in subparagraph (A) shall--
                            ``(i) ensure that all employees or 
                        volunteers of that agency who are likely to 
                        respond to a natural disaster, act of 
                        terrorism, or other man-made disaster are 
                        credentialed; and
                            ``(ii) submit to the Secretary the name of 
                        each credentialed employee or volunteer of such 
                        agency.
                    ``(C) Leadership.--The Administrator shall provide 
                leadership, guidance, and technical assistance to an 
                agency described in subparagraph (A) to facilitate the 
                credentialing process of that agency.
            ``(5) Documentation and database system.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Improving America's Security 
                Act of 2007, the Administrator shall establish and 
                maintain a documentation and database system of Federal 
                emergency response providers and all other Federal 
                personnel credentialed to respond to a natural 
                disaster, act of terrorism, or other man-made disaster.
                    ``(B) Accessibility.--The documentation and 
                database system established under subparagraph (1) 
                shall be accessible to the Federal coordinating officer 
                and other appropriate officials preparing for or 
                responding to a natural disaster, act of terrorism, or 
                other man-made disaster.
                    ``(C) Considerations.--The Administrator shall 
                consider whether the credentialing system can be used 
                to regulate access to areas affected by a natural 
                disaster, act of terrorism, or other man-made disaster.
            ``(6) Guidance to state and local governments.--Not later 
        than 6 months after the date of enactment of the Improving 
        America's Security Act of 2007, the Administrator shall--
                    ``(A) in collaboration with the administrators of 
                the Emergency Management Assistance Compact, State, 
                local, and tribal governments, emergency response 
                providers, and the organizations that represent such 
                providers, provide detailed written guidance, 
                assistance, and expertise to State, local, and tribal 
                governments to facilitate the credentialing of State, 
                local, and tribal emergency response providers commonly 
                or likely to be used in responding to a natural 
                disaster, act of terrorism, or other man-made disaster; 
                and
                    ``(B) in coordination with the administrators of 
                the Emergency Management Assistance Compact, State, 
                local, and tribal governments, emergency response 
                providers (and the organizations that represent such 
                providers), and appropriate national professional 
                organizations, assist State, local, and tribal 
                governments with credentialing the personnel of the 
                State, local, or tribal government under the guidance 
                provided under subparagraph (A).
            ``(7) Report.--Not later than 6 months after the date of 
        enactment of the Improving America's Security Act of 2007, and 
        annually thereafter, the Administrator shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a report describing the implementation of this 
        subsection, including the number and level of qualification of 
        Federal personnel trained and ready to respond to a natural 
        disaster, act of terrorism, or other man-made disaster.
    ``(b) Typing of Resources.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `typed' means an asset or resource 
                that has been evaluated for a specific function under 
                the guidelines created under this section; and
                    ``(B) the term `typing' means to define in detail 
                the minimum capabilities of an asset or resource.
            ``(2) Requirements.--
                    ``(A) In general.--The Administrator shall enter 
                into a memorandum of understanding with the 
                administrators of the Emergency Management Assistance 
                Compact, State, local, and tribal governments, 
                emergency response providers, and organizations that 
                represent such providers, to collaborate on 
                establishing nationwide standards for typing of 
                resources commonly or likely to be used in responding 
                to a natural disaster, act of terrorism, or other man-
                made disaster.
                    ``(B) Contents.--The standards developed under 
                subparagraph (A) shall--
                            ``(i) be applicable to Federal, State, 
                        local, and tribal government; and
                            ``(ii) be compatible with the National 
                        Incident Management System.
            ``(3) Typing of department resources and assets.--Not later 
        than 1 year after the date of enactment of the Improving 
        America's Security Act of 2007, the Secretary shall ensure that 
        all resources and assets of the Department that are commonly or 
        likely to be used to respond to a natural disaster, act of 
        terrorism, or other man-made disaster are typed.
            ``(4) Integration with national response plan.--
                    ``(A) Distribution of standards.--Not later than 6 
                months after the date of enactment of the Improving 
                America's Security Act of 2007, the Administrator shall 
                provide the standards developed under paragraph (2) to 
                all Federal agencies that have responsibilities under 
                the National Response Plan.
                    ``(B) Typing of agencies, assets, and resources.--
                Not later than 6 months after the date on which the 
                standards are provided under subparagraph (A), each 
                agency described in subparagraph (A) shall--
                            ``(i) ensure that all resources and assets 
                        (including teams, equipment, and other assets) 
                        of that agency that are commonly or likely to 
                        be used to respond to a natural disaster, act 
                        of terrorism, or other man-made disaster are 
                        typed; and
                            ``(ii) submit to the Secretary a list of 
                        all types resources and assets.
                    ``(C) Leadership.--The Administrator shall provide 
                leadership, guidance, and technical assistance to an 
                agency described in subparagraph (A) to facilitate the 
                typing process of that agency.
            ``(5) Documentation and database system.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Improving America's Security 
                Act of 2007, the Administrator shall establish and 
                maintain a documentation and database system of Federal 
                resources and assets commonly or likely to be used to 
                respond to a natural disaster, act of terrorism, or 
                other man-made disaster.
                    ``(B) Accessibility.--The documentation and 
                database system established under subparagraph (A) 
                shall be accessible to the Federal coordinating officer 
                and other appropriate officials preparing for or 
                responding to a natural disaster, act of terrorism, or 
                other man-made disaster.
            ``(6) Guidance to state and local governments.--Not later 
        than 6 months after the date of enactment of the Improving 
        America's Security Act of 2007, the Administrator, in 
        collaboration with the administrators of the Emergency 
        Management Assistance Compact, State, local, and tribal 
        governments, emergency response providers, and the 
        organizations that represent such providers, shall--
                    ``(A) provide detailed written guidance, 
                assistance, and expertise to State, local, and tribal 
                governments to facilitate the typing of the resources 
                and assets of State, local, and tribal governments 
                likely to be used in responding to a natural disaster, 
                act of terrorism, or other man-made disaster; and
                    ``(B) assist State, local, and tribal governments 
                with typing resources and assets of State, local, or 
                tribal governments under the guidance provided under 
                subparagraph (A).
            ``(7) Report.--Not later than 6 months after the date of 
        enactment of the Improving America's Security Act of 2007, and 
        annually thereafter, the Administrator shall submit to the 
        Committee on Homeland Security and Governmental Affairs of the 
        Senate and the Committee on Homeland Security of the House of 
        Representatives a report describing the implementation of this 
        subsection, including the number and type of Federal resources 
        and assets ready to respond to a natural disaster, act of 
        terrorism, or other man-made disaster.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as necessary to carry out this section.''; and
            (2) by adding after section 522, as added by section 803 of 
        this Act, the following:

``SEC. 523. PROVIDING SECURE ACCESS TO CRITICAL INFRASTRUCTURE.

    ``Not later than 6 months after the date of enactment of the 
Improving America's Security Act of 2007, and in coordination with 
appropriate national professional organizations, Federal, State, local, 
and tribal government agencies, and private-sector and nongovernmental 
entities, the Administrator shall create model standards or guidelines 
that States may adopt in conjunction with critical infrastructure 
owners and operators and their employees to permit access to restricted 
areas in the event of a natural disaster, act of terrorism, or other 
man-made disaster.''.
    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 
amended by inserting after the item relating to section 522, as added 
by section 803 of this Act, the following:

``Sec. 523. Providing secure access to critical infrastructure.''.

              TITLE XI--CRITICAL INFRASTRUCTURE PROTECTION

SEC. 1101. CRITICAL INFRASTRUCTURE PROTECTION.

    (a) Critical Infrastructure List.--Not later than 90 days after the 
date of enactment of this Act, and in coordination with other 
initiatives of the Secretary relating to critical infrastructure or key 
resource protection and partnerships between the government and private 
sector, the Secretary shall establish a risk-based prioritized list of 
critical infrastructure and key resources that--
            (1) includes assets or systems that, if successfully 
        destroyed or disrupted through a terrorist attack or natural 
        catastrophe, would cause catastrophic national or regional 
        impacts, including--
                    (A) significant loss of life;
                    (B) severe economic harm;
                    (C) mass evacuations; or
                    (D) loss of a city, region, or sector of the 
                economy as a result of contamination, destruction, or 
                disruption of vital public services; and
            (2) reflects a cross-sector analysis of critical 
        infrastructure to determine priorities for prevention, 
        protection, recovery, and restoration.
    (b) Sector Lists.--The Secretary shall include levees in the 
Department's list of critical infrastructure sectors.
    (c) Maintenance.--Each list created under this section shall be 
reviewed and updated on an ongoing basis, but at least annually.
    (d) Annual Report.--
            (1) Generally.--Not later than 120 days after the date of 
        enactment of this Act, and annually thereafter, the Secretary 
        shall submit to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives a report 
        summarizing--
                    (A) the criteria used to develop each list created 
                under this section;
                    (B) the methodology used to solicit and verify 
                submissions for each list;
                    (C) the name, location, and sector classification 
                of assets in each list created under this section;
                    (D) a description of any additional lists or 
                databases the Department has developed to prioritize 
                critical infrastructure on the basis of risk; and
                    (E) how each list developed under this section will 
                be used by the Secretary in program activities, 
                including grant making.
            (2) Classified information.--
                    (A) In general.--The Secretary shall submit with 
                each report under this subsection a classified annex 
                containing information required to be submitted under 
                this subsection that cannot be made public.
                    (B) Retention of classification.--The 
                classification of information required to be provided 
                to Congress, the Department, or any other department or 
                agency under this section by a sector-specific agency, 
                including the assignment of a level of classification 
                of such information, shall be binding on Congress, the 
                Department, and that other Federal agency.

SEC. 1102. RISK ASSESSMENT AND REPORT.

    (a) Risk Assessment.--
            (1) In general.--The Secretary, pursuant to the 
        responsibilities under section 202 of the Homeland Security Act 
        (6 U.S.C. 122), for each fiscal year beginning with fiscal year 
        2007, shall prepare a risk assessment of the critical 
        infrastructure and key resources of the Nation which shall--
                    (A) be organized by sector, including the critical 
                infrastructure sectors named in Homeland Security 
                Presidential Directive-7, as in effect on January 1, 
                2006; and
                    (B) contain any actions or countermeasures 
                proposed, recommended, or directed by the Secretary to 
                address security concerns covered in the assessment.
            (2) Reliance on other assessments.--In preparing the 
        assessments and reports under this section, the Department may 
        rely on a vulnerability assessment or risk assessment prepared 
        by another Federal agency that the Department determines is 
        prepared in coordination with other initiatives of the 
        Department relating to critical infrastructure or key resource 
        protection and partnerships between the government and private 
        sector.
    (b) Report.--
            (1) In general.--Not later than 6 months after the last day 
        of fiscal year 2007 and for each year thereafter, the Secretary 
        shall submit a report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives, and to each 
        Committee of the Senate and the House of Representatives having 
        jurisdiction over the critical infrastructure or key resource 
        addressed by the report, containing a summary and review of the 
        risk assessments prepared by the Secretary under this section 
        for that fiscal year, which shall be organized by sector and 
        which shall include recommendations of the Secretary for 
        mitigating risks identified by the assessments.
            ``(2) Classified information.--
                    ``(A) In general.--The report under this subsection 
                may contain a classified annex.
                    ``(B) Retention of classification.--The 
                classification of information required to be provided 
                to Congress, the Department, or any other department or 
                agency under this section by a sector-specific agency, 
                including the assignment of a level of classification 
                of such information, shall be binding on Congress, the 
                Department, and that other Federal agency.''.

SEC. 1103. USE OF EXISTING CAPABILITIES.

    Where appropriate, the Secretary shall use the National 
Infrastructure Simulation and Analysis Center to carry out the actions 
required under this title.

SEC. 1104. PRIORITIES AND ALLOCATIONS.

    Not later than 6 months after the last day of fiscal year 2007, and 
for each year thereafter, the Secretary, in cooperation with the 
Secretary of Commerce, the Secretary of Transportation, the Secretary 
of Defense, and the Secretary of Energy shall submit to the Committee 
on Banking, Housing, and Urban Affairs and the Committee on Homeland 
Security and Governmental Affairs of the Senate and the Committee on 
Financial Services and the Committee on Homeland Security of the House 
of Representatives a report that details the actions taken by the 
Federal Government to ensure, in accordance with subsections (a) and 
(c) of section 101 of the Defense Production Act of 1950 (50 U.S.C. 
App. 2071), the preparedness of industry--
            (1) to reduce interruption of critical infrastructure 
        operations during a terrorist attack, natural catastrophe, or 
        other similar national emergency; and
            (2) to minimize the impact of such catastrophes, as so 
        described in section 1001(a)(1).

           TITLE XII--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

SEC. 1201. AVAILABILITY TO PUBLIC OF CERTAIN INTELLIGENCE FUNDING 
              INFORMATION.

    (a) Amounts Requested Each Fiscal Year.--The President shall 
disclose to the public for each fiscal year after fiscal year 2007 the 
aggregate amount of appropriations requested in the budget of the 
President for such fiscal year for the National Intelligence Program.
    (b) Amounts Authorized and Appropriated Each Fiscal Year.--Congress 
shall disclose to the public for each fiscal year after fiscal year 
2007 the aggregate amount of funds authorized to be appropriated, and 
the aggregate amount of funds appropriated, by Congress for such fiscal 
year for the National Intelligence Program.
    (c) Study on Disclosure of Additional Information.--
            (1) In general.--The Director of National Intelligence 
        shall conduct a study to assess the advisability of disclosing 
        to the public amounts as follows:
                    (A) The aggregate amount of appropriations 
                requested in the budget of the President for each 
                fiscal year for each element of the intelligence 
                community.
                    (B) The aggregate amount of funds authorized to be 
                appropriated, and the aggregate amount of funds 
                appropriated, by Congress for each fiscal year for each 
                element of the intelligence community.
            (2) Requirements.--The study required by paragraph (1) 
        shall--
                    (A) address whether or not the disclosure to the 
                public of the information referred to in that paragraph 
                would harm the national security of the United States; 
                and
                    (B) take into specific account concerns relating to 
                the disclosure of such information for each element of 
                the intelligence community.
            (3) Report.--Not later than 180 days after the date of 
        enactment of this Act, the Director shall submit to Congress a 
        report on the study required by paragraph (1).
    (d) Definitions.--In this section--
            (1) the term ``element of the intelligence community'' 
        means an element of the intelligence community specified in or 
        designated under section 3(4) of the National Security Act of 
        1947 (50 U.S.C. 401a(4)); and
            (2) the term ``National Intelligence Program'' has the 
        meaning given that term in section 3(6) of the National 
        Security Act of 1947 (50 U.S.C. 401a(6)).

SEC. 1202. RESPONSE OF INTELLIGENCE COMMUNITY TO REQUESTS FROM 
              CONGRESS.

    (a) Response of Intelligence Community to Requests From Congress 
for Intelligence Documents and Information.--Title V of the National 
Security Act of 1947 (50 U.S.C. 413 et seq.) is amended by adding at 
the end the following new section:

  ``response of intelligence community to requests from congress for 
                 intelligence documents and information

    ``Sec. 508.  (a) Requests of Committees.--The Director of the 
National Counterterrorism Center, the Director of a national 
intelligence center, or the head of any department, agency, or element 
of the intelligence community shall, not later than 15 days after 
receiving a request for any intelligence assessment, report, estimate, 
legal opinion, or other intelligence information from the Select 
Committee on Intelligence of the Senate, the Permanent Select Committee 
on Intelligence of the House of Representatives, or any other committee 
of Congress with jurisdiction over the subject matter to which 
information in such assessment, report, estimate, legal opinion, or 
other information relates, make available to such committee such 
assessment, report, estimate, legal opinion, or other information, as 
the case may be.
    ``(b) Requests of Certain Members.--(1) The Director of the 
National Counterterrorism Center, the Director of a national 
intelligence center, or the head of any department, agency, or element 
of the intelligence community shall respond, in the time specified in 
subsection (a), to a request described in that subsection from the 
Chairman or Vice Chairman of the Select Committee on Intelligence of 
the Senate or the Chairman or Ranking Member of the Permanent Select 
Committee on Intelligence of the House of Representatives.
    ``(2) Upon making a request covered by paragraph (1)--
            ``(A) the Chairman or Vice Chairman, as the case may be, of 
        the Select Committee on Intelligence of the Senate shall notify 
        the other of the Chairman or Vice Chairman of such request; and
            ``(B) the Chairman or Ranking Member, as the case may be, 
        of the Permanent Select Committee on Intelligence of the House 
        of Representatives shall notify the other of the Chairman or 
        Ranking Member of such request.
    ``(c) Assertion of Privilege.--In response to a request covered by 
subsection (a) or (b), the Director of the National Counterterrorism 
Center, the Director of a national intelligence center, or the head of 
any department, agency, or element of the intelligence community shall 
provide the document or information covered by such request unless the 
President certifies that such document or information is not being 
provided because the President is asserting a privilege pursuant to the 
Constitution of the United States.
    ``(d) Independent Testimony of Intelligence Officials.--No officer, 
department, agency, or element within the Executive branch shall have 
any authority to require the head of any department, agency, or element 
of the intelligence community, or any designate of such a head--
            ``(1) to receive permission to testify before Congress; or
            ``(2) to submit testimony, legislative recommendations, or 
        comments to any officer or agency of the Executive branch for 
        approval, comments, or review prior to the submission of such 
        recommendations, testimony, or comments to Congress if such 
        testimony, legislative recommendations, or comments include a 
        statement indicating that the views expressed therein are those 
        of the head of the department, agency, or element of the 
        intelligence community that is making the submission and do not 
        necessarily represent the views of the Administration.''.
    (b) Disclosures of Certain Information to Congress.--Title V of the 
National Security Act of 1947 (50 U.S.C. 413 et seq.), as amended by 
subsection (a), is amended by adding at the end the following new 
section:

                       ``disclosures to congress

    ``Sec. 509.  (a) Authority to Disclose Certain Information.--An 
employee of a covered agency or an employee of a contractor carrying 
out activities pursuant to a contract with a covered agency may 
disclose covered information to an authorized individual without first 
reporting such information to the appropriate Inspector General.
    ``(b) Authorized Individual.--(1) In this section, the term 
`authorized individual' means--
            ``(A) a Member of the Senate or the House of 
        Representatives who is authorized to receive information of the 
        type disclosed; or
            ``(B) an employee of the Senate or the House of 
        Representatives who--
                    ``(i) has an appropriate security clearance; and
                    ``(ii) is authorized to receive information of the 
                type disclosed.
    ``(2) An authorized individual described in paragraph (1) to whom 
covered information is disclosed under the authority in subsection (a) 
shall be presumed to have a need to know such covered information.
    ``(c) Covered Agency and Covered Information Defined.--In this 
section:
            ``(1) The term `covered agency' means--
                    ``(A) any department, agency, or element of the 
                intelligence community;
                    ``(B) a national intelligence center; and
                    ``(C) any other Executive agency, or element or 
                unit thereof, determined by the President under section 
                2302(a)(2)(C)(ii) of title 5, United States Code, to 
                have as its principal function the conduct of foreign 
                intelligence or counterintelligence activities.
            ``(2) The term `covered information'--
                    ``(A) means information, including classified 
                information, that an employee referred to in subsection 
                (a) reasonably believes provides direct and specific 
                evidence of a false or inaccurate statement--
                            ``(i) made to Congress; or
                            ``(ii) contained in any intelligence 
                        assessment, report, or estimate; and
                    ``(B) does not include information the disclosure 
                of which is prohibited by rule 6(e) of the Federal 
                Rules of Criminal Procedure.
    ``(d) Construction With Other Reporting Requirements.--Nothing in 
this section may be construed to modify, alter, or otherwise affect--
            ``(1) any reporting requirement relating to intelligence 
        activities that arises under this Act or any other provision of 
        law; or
            ``(2) the right of any employee of the United States to 
        disclose information to Congress, in accordance with applicable 
        law, information other than covered information.''.
    (c) Clerical Amendment.--The table of contents in the first section 
of that Act is amended by inserting after the item relating to section 
507 the following new items:

``Sec. 508. Response of intelligence community to requests from 
                            Congress for intelligence documents and 
                            information.
``Sec. 509. Disclosures to Congress.''.

SEC. 1203. PUBLIC INTEREST DECLASSIFICATION BOARD.

    The Public Interest Declassification Act of 2000 (50 U.S.C. 435 
note) is amended--
            (1) in section 704(e)--
                    (A) by striking ``If requested'' and inserting the 
                following:
            ``(1) In general.--If requested''; and
                    (B) by adding at the end the following:
            ``(2) Authority of board.--Upon receiving a congressional 
        request described in section 703(b)(5), the Board may conduct 
        the review and make the recommendations described in that 
        section, regardless of whether such a review is requested by 
        the President.
            ``(3) Reporting.--Any recommendations submitted to the 
        President by the Board under section 703(b)(5), shall be 
        submitted to the chairman and ranking member of the committee 
        of Congress that made the request relating to such 
        recommendations.''; and
            (2) in section 710(b), by striking ``8 years after the date 
        of the enactment of this Act'' and inserting ``on December 31, 
        2012''.

SEC. 1204. SENSE OF THE SENATE REGARDING A REPORT ON THE 9/11 
              COMMISSION RECOMMENDATIONS WITH RESPECT TO INTELLIGENCE 
              REFORM AND CONGRESSIONAL INTELLIGENCE OVERSIGHT REFORM.

    (a) Findings.--Congress makes the following findings:
            (1) The National Commission on Terrorist Attacks Upon the 
        United States (referred to in this section as the ``9/11 
        Commission'') conducted a lengthy review of the facts and 
        circumstances relating to the terrorist attacks of September 
        11, 2001, including those relating to the intelligence 
        community, law enforcement agencies, and the role of 
        congressional oversight and resource allocation.
            (2) In its final report, the 9/11 Commission found that--
                    (A) congressional oversight of the intelligence 
                activities of the United States is dysfunctional;
                    (B) under the rules of the Senate and the House of 
                Representatives in effect at the time the report was 
                completed, the committees of Congress charged with 
                oversight of the intelligence activities lacked the 
                power, influence, and sustained capability to meet the 
                daunting challenges faced by the intelligence community 
                of the United States;
                    (C) as long as such oversight is governed by such 
                rules of the Senate and the House of Representatives, 
                the people of the United States will not get the 
                security they want and need;
                    (D) a strong, stable, and capable congressional 
                committee structure is needed to give the intelligence 
                community of the United States appropriate oversight, 
                support, and leadership; and
                    (E) the reforms recommended by the 9/11 Commission 
                in its final report will not succeed if congressional 
                oversight of the intelligence community in the United 
                States is not changed.
            (3) The 9/11 Commission recommended structural changes to 
        Congress to improve the oversight of intelligence activities.
            (4) Congress has enacted some of the recommendations made 
        by the 9/11 Commission and is considering implementing 
        additional recommendations of the 9/11 Commission.
            (5) The Senate adopted Senate Resolution 445 in the 108th 
        Congress to address some of the intelligence oversight 
        recommendations of the 9/11 Commission by abolishing term 
        limits for the members of the Select Committee on Intelligence, 
        clarifying jurisdiction for intelligence-related nominations, 
        and streamlining procedures for the referral of intelligence-
        related legislation, but other aspects of the 9/11 Commission 
        recommendations regarding intelligence oversight have not been 
        implemented.
    (b) Sense of the Senate.--It is the sense of the Senate that the 
Committee on Homeland Security and Governmental Affairs and the Select 
Committee on Intelligence of the Senate each, or jointly, should--
            (1) undertake a review of the recommendations made in the 
        final report of the 9/11 Commission with respect to 
        intelligence reform and congressional intelligence oversight 
        reform;
            (2) review and consider any other suggestions, options, or 
        recommendations for improving intelligence oversight; and
            (3) not later than December 21, 2007, submit to the Senate 
        a report that includes the recommendations of the Committee, if 
        any, for carrying out such reforms.

SEC. 1205. AVAILABILITY OF FUNDS FOR THE PUBLIC INTEREST 
              DECLASSIFICATION BOARD.

    Section 21067 of the Continuing Appropriations Resolution, 2007 
(division B of Public Law 109-289; 120 Stat. 1311), as amended by 
Public Law 109-369 (120 Stat. 2642), Public Law 109-383 (120 Stat. 
2678), and Public Law 110-5, is amended by adding at the end the 
following new subsection:
    ``(c) From the amount provided by this section, the National 
Archives and Records Administration may obligate monies necessary to 
carry out the activities of the Public Interest Declassification 
Board.''.

SEC. 1206. AVAILABILITY OF THE EXECUTIVE SUMMARY OF THE REPORT ON 
              CENTRAL INTELLIGENCE AGENCY ACCOUNTABILITY REGARDING THE 
              TERRORIST ATTACKS OF SEPTEMBER 11, 2001.

    (a) Public Availability.--Not later than 30 days after the date of 
the enactment of this Act, the Director of the Central Intelligence 
Agency shall prepare and make available to the public a version of the 
Executive Summary of the report entitled the ``Office of Inspector 
General Report on Central Intelligence Agency Accountability Regarding 
Findings and Conclusions of the Joint Inquiry into Intelligence 
Community Activities Before and After the Terrorist Attacks of 
September 11, 2001'' issued in June 2005 that is declassified to the 
maximum extent possible, consistent with national security.
    (b) Report to Congress.--The Director of the Central Intelligence 
Agency shall submit to Congress a classified annex to the redacted 
Executive Summary made available under subsection (a) that explains the 
reason that any redacted material in the Executive Summary was withheld 
from the public.

  TITLE XIII--INTERNATIONAL COOPERATION ON ANTITER-RORISM TECHNOLOGIES

SEC. 1301. PROMOTING ANTITERRORISM CAPABILITIES THROUGH INTERNATIONAL 
              COOPERATION.

    (a) Findings.--The Congress finds the following:
            (1) The development and implementation of technology is 
        critical to combating terrorism and other high consequence 
        events and implementing a comprehensive homeland security 
        strategy.
            (2) The United States and its allies in the global war on 
        terrorism share a common interest in facilitating research, 
        development, testing, and evaluation of equipment, 
        capabilities, technologies, and services that will aid in 
        detecting, preventing, responding to, recovering from, and 
        mitigating against acts of terrorism.
            (3) Certain United States allies in the global war on 
        terrorism, including Israel, the United Kingdom, Canada, 
        Australia, and Singapore have extensive experience with, and 
        technological expertise in, homeland security.
            (4) The United States and certain of its allies in the 
        global war on terrorism have a history of successful 
        collaboration in developing mutually beneficial equipment, 
        capabilities, technologies, and services in the areas of 
        defense, agriculture, and telecommunications.
            (5) The United States and its allies in the global war on 
        terrorism will mutually benefit from the sharing of 
        technological expertise to combat domestic and international 
        terrorism.
            (6) The establishment of an office to facilitate and 
        support cooperative endeavors between and among government 
        agencies, for-profit business entities, academic institutions, 
        and nonprofit entities of the United States and its allies will 
        safeguard lives and property worldwide against acts of 
        terrorism and other high consequence events.
    (b) Promoting Antiterrorism Through International Cooperation 
Act.--
            (1) In general.--The Homeland Security Act of 2002 is 
        amended by inserting after section 316, as added by section 701 
        of this Act, the following:

``SEC. 317. PROMOTING ANTITERRORISM THROUGH INTERNATIONAL COOPERATION 
              PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director 
        selected under subsection (b)(2).
            ``(2) International cooperative activity.--The term 
        `international cooperative activity' includes--
                    ``(A) coordinated research projects, joint research 
                projects, or joint ventures;
                    ``(B) joint studies or technical demonstrations;
                    ``(C) coordinated field exercises, scientific 
                seminars, conferences, symposia, and workshops;
                    ``(D) training of scientists and engineers;
                    ``(E) visits and exchanges of scientists, 
                engineers, or other appropriate personnel;
                    ``(F) exchanges or sharing of scientific and 
                technological information; and
                    ``(G) joint use of laboratory facilities and 
                equipment.
    ``(b) Science and Technology Homeland Security International 
Cooperative Programs Office.--
            ``(1) Establishment.--The Under Secretary shall establish 
        the Science and Technology Homeland Security International 
        Cooperative Programs Office.
            ``(2) Director.--The Office shall be headed by a Director, 
        who--
                    ``(A) shall be selected (in consultation with the 
                Assistant Secretary for International Affairs, Policy 
                Directorate) by and shall report to the Under 
                Secretary; and
                    ``(B) may be an officer of the Department serving 
                in another position.
            ``(3) Responsibilities.--
                    ``(A) Development of mechanisms.--The Director 
                shall be responsible for developing, in coordination 
                with the Department of State, the Department of 
                Defense, the Department of Energy, and other Federal 
                agencies, mechanisms and legal frameworks to allow and 
                to support international cooperative activity in 
                support of homeland security research.
                    ``(B) Priorities.--The Director shall be 
                responsible for developing, in coordination with the 
                Directorate of Science and Technology, the other 
                components of the Department (including the Office of 
                the Assistant Secretary for International Affairs, 
                Policy Directorate), the Department of State, the 
                Department of Defense, the Department of Energy, and 
                other Federal agencies, strategic priorities for 
                international cooperative activity.
                    ``(C) Activities.--The Director shall facilitate 
                the planning, development, and implementation of 
                international cooperative activity to address the 
                strategic priorities developed under subparagraph (B) 
                through mechanisms the Under Secretary considers 
                appropriate, including grants, cooperative agreements, 
                or contracts to or with foreign public or private 
                entities, governmental organizations, businesses, 
                federally funded research and development centers, and 
                universities.
                    ``(D) Identification of partners.--The Director 
                shall facilitate the matching of United States entities 
                engaged in homeland security research with non-United 
                States entities engaged in homeland security research 
                so that they may partner in homeland security research 
                activities.
            ``(4) Coordination.--The Director shall ensure that the 
        activities under this subsection are coordinated with the 
        Office of International Affairs and the Department of State, 
        the Department of Defense, the Department of Energy, and other 
        relevant Federal agencies or interagency bodies. The Director 
        may enter into joint activities with other Federal agencies.
    ``(c) Matching Funding.--
            ``(1) In general.--
                    ``(A) Equitability.--The Director shall ensure that 
                funding and resources expended in international 
                cooperative activity will be equitably matched by the 
                foreign partner government or other entity through 
                direct funding, funding of complementary activities, or 
                through the provision of staff, facilities, material, 
                or equipment.
                    ``(B) Grant matching and repayment.--
                            ``(i) In general.--The Secretary may 
                        require a recipient of a grant under this 
                        section--
                                    ``(I) to make a matching 
                                contribution of not more than 50 
                                percent of the total cost of the 
                                proposed project for which the grant is 
                                awarded; and
                                    ``(II) to repay to the Secretary 
                                the amount of the grant (or a portion 
                                thereof), interest on such amount at an 
                                appropriate rate, and such charges for 
                                administration of the grant as the 
                                Secretary determines appropriate.
                            ``(ii) Maximum amount.--The Secretary may 
                        not require that repayment under clause (i)(II) 
                        be more than 150 percent of the amount of the 
                        grant, adjusted for inflation on the basis of 
                        the Consumer Price Index.
            ``(2) Foreign partners.--Partners may include Israel, the 
        United Kingdom, Canada, Australia, Singapore, and other allies 
        in the global war on terrorism, as determined by the Secretary 
        of State.
    ``(d) Funding.--Funding for all activities under this section shall 
be paid from discretionary funds appropriated to the Department.
    ``(e) Foreign Reimbursements.--If the Science and Technology 
Homeland Security International Cooperative Programs Office 
participates in an international cooperative activity with a foreign 
partner on a cost-sharing basis, any reimbursements or contributions 
received from that foreign partner to meet the share of that foreign 
partner of the project may be credited to appropriate appropriations 
accounts of the Directorate of Science and Technology.''.
            (2) Technical and conforming amendment.--The table of 
        contents in section 1(b) of the Homeland Security Act of 2002 
        (6 U.S.C. 101 et seq.) is amended by adding after the item 
        relating to section 316, as added by section 701 of this Act, 
        the following:

``Sec. 317. Promoting antiterrorism through international cooperation 
                            program.''.

SEC. 1302. TRANSPARENCY OF FUNDS.

    For each Federal award (as that term is defined in section 2 of the 
Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 
6101 note)) under this title or an amendment made by this title, the 
Director of the Office of Management and Budget shall ensure full and 
timely compliance with the requirements of the Federal Funding 
Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).

 TITLE XIV--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

SEC. 1401. SHORT TITLE.

    This title may be cited as the ``Transportation Security and 
Interoperable Communication Capabilities Act''.

          Subtitle A--Surface Transportation and Rail Security

SEC. 1411. DEFINITION.

    In this title, the term ``high hazard materials'' means quantities 
of poison inhalation hazard materials, Class 2.3 gases, Class 6.1 
materials, anhydrous ammonia, and other hazardous materials that the 
Secretary, in consultation with the Secretary of Transportation, 
determines pose a security risk.

                     PART I--IMPROVED RAIL SECURITY

SEC. 1421. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

    (a) In General.--
            (1) Risk assessment.--The Secretary shall establish a task 
        force, including the Transportation Security Administration and 
        other agencies within the Department, the Department of 
        Transportation, and other appropriate Federal agencies, to 
        complete a risk assessment of freight and passenger rail 
        transportation (encompassing railroads, as that term is defined 
        in section 20102(1) of title 49, United States Code). The 
        assessment shall include--
                    (A) a methodology for conducting the risk 
                assessment, including timelines, that addresses how the 
                Department of Homeland Security will work with the 
                entities described in subsection (b) and make use of 
                existing Federal expertise within the Department of 
                Homeland Security, the Department of Transportation, 
                and other appropriate agencies;
                    (B) identification and evaluation of critical 
                assets and infrastructures;
                    (C) identification of risks to those assets and 
                infrastructures;
                    (D) identification of risks that are specific to 
                the transportation of hazardous materials via railroad;
                    (E) identification of risks to passenger and cargo 
                security, transportation infrastructure (including rail 
                tunnels used by passenger and freight railroads in high 
                threat urban areas), protection systems, operations, 
                communications systems, employee training, emergency 
                response planning, and any other area identified by the 
                assessment;
                    (F) an assessment of public and private operational 
                recovery plans to expedite, to the maximum extent 
                practicable, the return of an adversely affected 
                freight or passenger rail transportation system or 
                facility to its normal performance level after a major 
                terrorist attack or other security event on that system 
                or facility; and
                    (G) an account of actions taken or planned by both 
                public and private entities to address identified rail 
                security issues and assess the effective integration of 
                such actions.
            (2) Recommendations.--Based on the assessment conducted 
        under paragraph (1), the Secretary, in consultation with the 
        Secretary of Transportation, shall develop prioritized 
        recommendations for improving rail security, including any 
        recommendations the Secretary has for--
                    (A) improving the security of rail tunnels, rail 
                bridges, rail switching and car storage areas, other 
                rail infrastructure and facilities, information 
                systems, and other areas identified by the Secretary as 
                posing significant rail-related risks to public safety 
                and the movement of interstate commerce, taking into 
                account the impact that any proposed security measure 
                might have on the provision of rail service or on 
                operations served or otherwise affected by rail 
                service;
                    (B) deploying equipment and personnel to detect 
                security threats, including those posed by explosives 
                and hazardous chemical, biological, and radioactive 
                substances, and any appropriate countermeasures;
                    (C) training appropriate railroad or railroad 
                shipper employees in terrorism prevention, 
                preparedness, passenger evacuation, and response 
                activities;
                    (D) conducting public outreach campaigns on 
                passenger railroads regarding security;
                    (E) deploying surveillance equipment;
                    (F) identifying the immediate and long-term costs 
                of measures that may be required to address those 
                risks; and
                    (G) public and private sector sources to fund such 
                measures.
            (3) Plans.--The report required by subsection (c) shall 
        include--
                    (A) a plan, developed in consultation with the 
                freight and intercity passenger railroads, and State 
                and local governments, for the Federal Government to 
                provide adequate security support at high or severe 
                threat levels of alert;
                    (B) a plan for coordinating existing and planned 
                rail security initiatives undertaken by the public and 
                private sectors; and
                    (C) a contingency plan, developed in coordination 
                with freight and intercity and commuter passenger 
                railroads, to ensure the continued movement of freight 
                and passengers in the event of an attack affecting the 
                railroad system, which shall contemplate--
                            (i) the possibility of rerouting traffic 
                        due to the loss of critical infrastructure, 
                        such as a bridge, tunnel, yard, or station; and
                            (ii) methods of continuing railroad service 
                        in the Northeast Corridor in the event of a 
                        commercial power loss, or catastrophe affecting 
                        a critical bridge, tunnel, yard, or station.
    (b) Consultation; Use of Existing Resources.--In carrying out the 
assessment and developing the recommendations and plans required by 
subsection (a), the Secretary shall consult with rail management, rail 
labor, owners or lessors of rail cars used to transport hazardous 
materials, first responders, offerers of hazardous materials, public 
safety officials, and other relevant parties. In developing the risk 
assessment required under this section, the Secretary shall utilize 
relevant existing risk assessments developed by the Department or other 
Federal agencies, and, as appropriate, assessments developed by other 
public and private stakeholders.
    (c) Report.--
            (1) Contents.--Within 1 year after the date of enactment of 
        this Act, the Secretary shall transmit to the Committee on 
        Commerce, Science, and Transportation of the Senate, and the 
        Committee on Transportation and Infrastructure and the 
        Committee on Homeland Security of the House of Representatives 
        a report containing--
                    (A) the assessment, prioritized recommendations, 
                and plans required by subsection (a); and
                    (B) an estimate of the cost to implement such 
                recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.
    (d) Annual Updates.--The Secretary, in consultation with the 
Secretary of Transportation, shall update the assessment and 
recommendations each year and transmit a report, which may be submitted 
in both classified and redacted formats, to the Committees named in 
subsection (c)(1), containing the updated assessment and 
recommendations.
    (e) Funding.--Out of funds appropriated pursuant to section 114(w) 
of title 49, United States Code, as amended by section 1437 of this 
title, there shall be made available to the Secretary to carry out this 
section $5,000,000 for fiscal year 2008.

SEC. 1422. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

    (a) In General.--
            (1) Grants.--Subject to subsection (c) the Secretary, in 
        consultation with the Assistant Secretary of Homeland Security 
        (Transportation Security Administration), is authorized to make 
        grants to Amtrak in accordance with the provisions of this 
        section.
            (2) General purposes.--The Secretary may make such grants 
        for the purposes of--
                    (A) protecting underwater and underground assets 
                and systems;
                    (B) protecting high risk and high consequence 
                assets identified through system-wide risk assessments;
                    (C) providing counter-terrorism training;
                    (D) providing both visible and unpredictable 
                deterrence; and
                    (E) conducting emergency preparedness drills and 
                exercises.
            (3) Specific projects.--The Secretary shall make such 
        grants--
                    (A) to secure major tunnel access points and ensure 
                tunnel integrity in New York, New Jersey, Maryland, and 
                Washington, DC;
                    (B) to secure Amtrak trains;
                    (C) to secure Amtrak stations;
                    (D) to obtain a watch list identification system 
                approved by the Secretary;
                    (E) to obtain train tracking and interoperable 
                communications systems that are coordinated to the 
                maximum extent possible;
                    (F) to hire additional police officers, special 
                agents, security officers, including canine units, and 
                to pay for other labor costs directly associated with 
                security and terrorism prevention activities;
                    (G) to expand emergency preparedness efforts; and
                    (H) for employee security training.
    (b) Conditions.--The Secretary of Transportation shall disburse 
funds to Amtrak provided under subsection (a) for projects contained in 
a systemwide security plan approved by the Secretary. Amtrak shall 
develop the security plan in consultation with constituent States and 
other relevant parties. The plan shall include appropriate measures to 
address security awareness, emergency response, and passenger 
evacuation training and shall be consistent with State security plans 
to the maximum extent practicable.
    (c) Equitable Geographic Allocation.--The Secretary shall ensure 
that, subject to meeting the highest security needs on Amtrak's entire 
system and consistent with the risk assessment required under section 
1421, stations and facilities located outside of the Northeast Corridor 
receive an equitable share of the security funds authorized by this 
section.
    (d) Availability of Funds.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(w) of title 49, United States Code, as amended by 
        section 1437 of this title, there shall be made available to 
        the Secretary and the Assistant Secretary of Homeland Security 
        (Transportation Security Administration) to carry out this 
        section--
                    (A) $63,500,000 for fiscal year 2008;
                    (B) $30,000,000 for fiscal year 2009; and
                    (C) $30,000,000 for fiscal year 2010.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain available 
        until expended.

SEC. 1423. FIRE AND LIFE-SAFETY IMPROVEMENTS.

    (a) Life-Safety Needs.--The Secretary of Transportation, in 
consultation with the Secretary, is authorized to make grants to Amtrak 
for the purpose of making fire and life-safety improvements to Amtrak 
tunnels on the Northeast Corridor in New York, New Jersey, Maryland, 
and Washington, DC.
    (b) Authorization of Appropriations.--Out of funds appropriated 
pursuant to section 1437(b) of this title, there shall be made 
available to the Secretary of Transportation for the purposes of 
carrying out subsection (a) the following amounts:
            (1) For the 6 New York and New Jersey tunnels to provide 
        ventilation, electrical, and fire safety technology upgrades, 
        emergency communication and lighting systems, and emergency 
        access and egress for passengers--
                    (A) $100,000,000 for fiscal year 2008;
                    (B) $100,000,000 for fiscal year 2009;
                    (C) $100,000,000 for fiscal year 2010; and
                    (D) $100,000,000 for fiscal year 2011.
            (2) For the Baltimore & Potomac tunnel and the Union 
        tunnel, together, to provide adequate drainage, ventilation, 
        communication, lighting, and passenger egress upgrades--
                    (A) $10,000,000 for fiscal year 2008;
                    (B) $10,000,000 for fiscal year 2009;
                    (C) $10,000,000 for fiscal year 2010; and
                    (D) $10,000,000 for fiscal year 2011.
            (3) For the Washington, DC, Union Station tunnels to 
        improve ventilation, communication, lighting, and passenger 
        egress upgrades--
                    (A) $8,000,000 for fiscal year 2008;
                    (B) $8,000,000 for fiscal year 2009;
                    (C) $8,000,000 for fiscal year 2010; and
                    (D) $8,000,000 for fiscal year 2011.
    (c) Infrastructure Upgrades.--Out of funds appropriated pursuant to 
section 1437(b) of this title, there shall be made available to the 
Secretary of Transportation for fiscal year 2008 $3,000,000 for the 
preliminary design of options for a new tunnel on a different alignment 
to augment the capacity of the existing Baltimore tunnels.
    (d) Availability of Appropriated Funds.--Amounts made available 
pursuant to this section shall remain available until expended.
    (e) Plans Required.--The Secretary of Transportation may not make 
amounts available to Amtrak for obligation or expenditure under 
subsection (a)--
            (1) until Amtrak has submitted to the Secretary, and the 
        Secretary has approved, an engineering and financial plan for 
        such projects; and
            (2) unless, for each project funded pursuant to this 
        section, the Secretary has approved a project management plan 
        prepared by Amtrak addressing appropriate project budget, 
        construction schedule, recipient staff organization, document 
        control and record keeping, change order procedure, quality 
        control and assurance, periodic plan updates, and periodic 
        status reports.
    (f) Review of Plans.--
            (1) In general.--The Secretary of Transportation shall 
        complete the review of the plans required by paragraphs (1) and 
        (2) of subsection (e) and approve or disapprove the plans 
        within 45 days after the date on which each such plan is 
        submitted by Amtrak.
            (2) Incomplete or deficient plan.--If the Secretary 
        determines that a plan is incomplete or deficient, the 
        Secretary shall notify Amtrak of the incomplete items or 
        deficiencies and Amtrak shall, within 30 days after receiving 
        the Secretary's notification, submit a modified plan for the 
        Secretary's review.
            (3) Approval of plan.--Within 15 days after receiving 
        additional information on items previously included in the 
        plan, and within 45 days after receiving items newly included 
        in a modified plan, the Secretary shall either approve the 
        modified plan, or, if the Secretary finds the plan is still 
        incomplete or deficient, the Secretary shall--
                    (A) identify in writing to the Committee on 
                Commerce, Science, and Transportation of the Senate, 
                and the Committee on Transportation and Infrastructure 
                and the Committee on Homeland Security of the House of 
                Representatives the portions of the plan the Secretary 
                finds incomplete or deficient;
                    (B) approve all other portions of the plan;
                    (C) obligate the funds associated with those other 
                portions; and
                    (D) execute an agreement with Amtrak within 15 days 
                thereafter on a process for resolving the remaining 
                portions of the plan.
    (g) Financial Contribution From Other Tunnel Users.--The Secretary 
shall, taking into account the need for the timely completion of all 
portions of the tunnel projects described in subsection (a)--
            (1) consider the extent to which rail carriers other than 
        Amtrak use or plan to use the tunnels;
            (2) consider the feasibility of seeking a financial 
        contribution from those other rail carriers toward the costs of 
        the projects; and
            (3) obtain financial contributions or commitments from such 
        other rail carriers at levels reflecting the extent of their 
        use or planned use of the tunnels, if feasible.

SEC. 1424. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

    (a) Security Improvement Grants.--The Secretary, in consultation 
with Assistant Secretary of Homeland Security (Transportation Security 
Administration) and other appropriate agencies or officials, is 
authorized to make grants to freight railroads, the Alaska Railroad, 
hazardous materials offerers, owners of rail cars used in the 
transportation of hazardous materials, universities, colleges and 
research centers, State and local governments (for rail passenger 
facilities and infrastructure not owned by Amtrak), and to Amtrak for 
full or partial reimbursement of costs incurred in the conduct of 
activities to prevent or respond to acts of terrorism, sabotage, or 
other intercity passenger rail and freight rail security risks 
identified under section 1421, including--
            (1) security and redundancy for critical communications, 
        computer, and train control systems essential for secure rail 
        operations;
            (2) accommodation of rail cargo or passenger screening 
        equipment at the United States-Mexico border, the United 
        States-Canada border, or other ports of entry;
            (3) the security of hazardous material transportation by 
        rail;
            (4) secure intercity passenger rail stations, trains, and 
        infrastructure;
            (5) structural modification or replacement of rail cars 
        transporting high hazard materials to improve their resistance 
        to acts of terrorism;
            (6) employee security awareness, preparedness, passenger 
        evacuation, and emergency response training;
            (7) public security awareness campaigns for passenger train 
        operations;
            (8) the sharing of intelligence and information about 
        security threats;
            (9) to obtain train tracking and interoperable 
        communications systems that are coordinated to the maximum 
        extent possible;
            (10) to hire additional police and security officers, 
        including canine units; and
            (11) other improvements recommended by the report required 
        by section 1421, including infrastructure, facilities, and 
        equipment upgrades.
    (b) Accountability.--The Secretary shall adopt necessary 
procedures, including audits, to ensure that grants made under this 
section are expended in accordance with the purposes of this title and 
the priorities and other criteria developed by the Secretary.
    (c) Allocation.--The Secretary shall distribute the funds 
authorized by this section based on risk as determined under section 
1421, and shall encourage non-Federal financial participation in 
projects funded by grants awarded under this section. With respect to 
grants for intercity passenger rail security, the Secretary shall also 
take into account passenger volume and whether stations or facilities 
are used by commuter rail passengers as well as intercity rail 
passengers. Not later than 240 days after the date of enactment of this 
Act, the Secretary shall provide a report to the Committees on 
Commerce, Science and Transportation and Homeland Security and 
Governmental Affairs in the Senate and the Committee on Homeland 
Security in the House on the feasibility and appropriateness of 
requiring a non-federal match for the grants authorized in subsection 
(a).
    (d) Conditions.--Grants awarded by the Secretary to Amtrak under 
subsection (a) shall be disbursed to Amtrak through the Secretary of 
Transportation. The Secretary of Transportation may not disburse such 
funds unless Amtrak meets the conditions set forth in section 1422(b) 
of this title.
    (e) Allocation Between Railroads and Others.--Unless as a result of 
the assessment required by section 1421 the Secretary determines that 
critical rail transportation security needs require reimbursement in 
greater amounts to any eligible entity, no grants under this section 
may be made cumulatively over the period authorized by this title--
            (1) in excess of $45,000,000 to Amtrak; or
            (2) in excess of $80,000,000 for the purposes described in 
        paragraphs (3) and (5) of subsection (a).
    (f) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(w) of title 49, United States Code, as amended by 
        section 1437 of this title, there shall be made available to 
        the Secretary to carry out this section--
                    (A) $100,000,000 for fiscal year 2008;
                    (B) $100,000,000 for fiscal year 2009; and
                    (C) $100,000,000 for fiscal year 2010.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain available 
        until expended.

SEC. 1425. RAIL SECURITY RESEARCH AND DEVELOPMENT.

    (a) Establishment of Research and Development Program.--The 
Secretary, through the Under Secretary for Science and Technology and 
the Assistant Secretary of Homeland Security (Transportation Security 
Administration), in consultation with the Secretary of Transportation 
shall carry out a research and development program for the purpose of 
improving freight and intercity passenger rail security that may 
include research and development projects to--
            (1) reduce the risk of terrorist attacks on rail 
        transportation, including risks posed by explosives and 
        hazardous chemical, biological, and radioactive substances to 
        intercity rail passengers, facilities, and equipment;
            (2) test new emergency response techniques and 
        technologies;
            (3) develop improved freight rail security technologies, 
        including--
                    (A) technologies for sealing rail cars;
                    (B) automatic inspection of rail cars;
                    (C) communication-based train controls; and
                    (D) emergency response training;
            (4) test wayside detectors that can detect tampering with 
        railroad equipment;
            (5) support enhanced security for the transportation of 
        hazardous materials by rail, including--
                    (A) technologies to detect a breach in a tank car 
                or other rail car used to transport hazardous materials 
                and transmit information about the integrity of cars to 
                the train crew or dispatcher;
                    (B) research to improve tank car integrity, with a 
                focus on tank cars that carry high hazard materials (as 
                defined in section 1411 of this title); and
                    (C) techniques to transfer hazardous materials from 
                rail cars that are damaged or otherwise represent an 
                unreasonable risk to human life or public safety; and
            (6) other projects that address risks identified under 
        section 1421.
    (b) Coordination With Other Research Initiatives.--The Secretary 
shall ensure that the research and development program authorized by 
this section is coordinated with other research and development 
initiatives at the Department of Homeland Security and the Department 
of Transportation. The Secretary shall carry out any research and 
development project authorized by this section through a reimbursable 
agreement with the Secretary of Transportation, if the Secretary of 
Transportation--
            (1) is already sponsoring a research and development 
        project in a similar area; or
            (2) has a unique facility or capability that would be 
        useful in carrying out the project.
    (c) Grants and Accountability.--To carry out the research and 
development program, the Secretary may award grants to the entities 
described in section 1424(a) and shall adopt necessary procedures, 
including audits, to ensure that grants made under this section are 
expended in accordance with the purposes of this title and the 
priorities and other criteria developed by the Secretary.
    (d) Authorization of Appropriations.--
            (1) In general.--Out of funds appropriated pursuant to 
        section 114(w) of title 49, United States Code, as amended by 
        section 1437 of this title, there shall be made available to 
        the Secretary to carry out this section--
                    (A) $33,000,000 for fiscal year 2008;
                    (B) $33,000,000 for fiscal year 2009; and
                    (C) $33,000,000 for fiscal year 2010.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain available 
        until expended.

SEC. 1426. OVERSIGHT AND GRANT PROCEDURES.

    (a) Secretarial Oversight.--The Secretary may award contracts to 
audit and review the safety, security, procurement, management, and 
financial compliance of a recipient of amounts under this title.
    (b) Procedures for Grant Award.--The Secretary shall, within 180 
days after the date of enactment of this Act, prescribe procedures and 
schedules for the awarding of grants under this title, including 
application and qualification procedures (including a requirement that 
the applicant have a security plan), and a record of decision on 
applicant eligibility. The procedures shall include the execution of a 
grant agreement between the grant recipient and the Secretary and shall 
be consistent, to the extent practicable, with the grant procedures 
established under section 70107 of title 46, United States Code.
    (c) Additional Authority.--The Secretary may issue nonbinding 
letters under similar terms to those issued pursuant to section 
47110(e) of title 49, United States Code, to sponsors of rail projects 
funded under this title.

SEC. 1427. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS INVOLVED IN 
              RAIL PASSENGER ACCIDENTS.

    (a) In General.--Chapter 243 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 24316. Plans to address needs of families of passengers involved 
              in rail passenger accidents
    ``(a) Submission of Plan.--Not later than 6 months after the date 
of the enactment of the Transportation Security and Interoperable 
Communication Capabilities Act, Amtrak shall submit to the Chairman of 
the National Transportation Safety Board, the Secretary of 
Transportation, and the Secretary of Homeland Security a plan for 
addressing the needs of the families of passengers involved in any rail 
passenger accident involving an Amtrak intercity train and resulting in 
a loss of life.
    ``(b) Contents of Plans.--The plan to be submitted by Amtrak under 
subsection (a) shall include, at a minimum, the following:
            ``(1) A process by which Amtrak will maintain and provide 
        to the National Transportation Safety Board, the Secretary of 
        Transportation, and the Secretary of Homeland Security, 
        immediately upon request, a list (which is based on the best 
        available information at the time of the request) of the names 
        of the passengers aboard the train (whether or not such names 
        have been verified), and will periodically update the list. The 
        plan shall include a procedure, with respect to unreserved 
        trains and passengers not holding reservations on other trains, 
        for Amtrak to use reasonable efforts to ascertain the number 
        and names of passengers aboard a train involved in an accident.
            ``(2) A plan for creating and publicizing a reliable, toll-
        free telephone number within 4 hours after such an accident 
        occurs, and for providing staff, to handle calls from the 
        families of the passengers.
            ``(3) A process for notifying the families of the 
        passengers, before providing any public notice of the names of 
        the passengers, by suitably trained individuals.
            ``(4) A process for providing the notice described in 
        paragraph (2) to the family of a passenger as soon as Amtrak 
        has verified that the passenger was aboard the train (whether 
        or not the names of all of the passengers have been verified).
            ``(5) A process by which the family of each passenger will 
        be consulted about the disposition of all remains and personal 
        effects of the passenger within Amtrak's control; that any 
        possession of the passenger within Amtrak's control will be 
        returned to the family unless the possession is needed for the 
        accident investigation or any criminal investigation; and that 
        any unclaimed possession of a passenger within Amtrak's control 
        will be retained by the rail passenger carrier for at least 18 
        months.
            ``(6) A process by which the treatment of the families of 
        nonrevenue passengers will be the same as the treatment of the 
        families of revenue passengers.
            ``(7) An assurance that Amtrak will provide adequate 
        training to its employees and agents to meet the needs of 
        survivors and family members following an accident.
    ``(c) Use of Information.--Neither the National Transportation 
Safety Board, the Secretary of Transportation, the Secretary of 
Homeland Security, nor Amtrak may release any personal information on a 
list obtained under subsection (b)(1) but may provide information on 
the list about a passenger to the family of the passenger to the extent 
that the Board or Amtrak considers appropriate.
    ``(d) Limitation on Liability.--Amtrak shall not be liable for 
damages in any action brought in a Federal or State court arising out 
of the performance of Amtrak under this section in preparing or 
providing a passenger list, or in providing information concerning a 
train reservation, pursuant to a plan submitted by Amtrak under 
subsection (b), unless such liability was caused by Amtrak's conduct.
    ``(e) Limitation on Statutory Construction.--Nothing in this 
section may be construed as limiting the actions that Amtrak may take, 
or the obligations that Amtrak may have, in providing assistance to the 
families of passengers involved in a rail passenger accident.
    ``(f) Funding.--Out of funds appropriated pursuant to section 
1437(b) of the Transportation Security and Interoperable Communication 
Capabilities Act, there shall be made available to the Secretary of 
Transportation for the use of Amtrak $500,000 for fiscal year 2008 to 
carry out this section. Amounts made available pursuant to this 
subsection shall remain available until expended.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 243 of 
title 49, United States Code, is amended by adding at the end the 
following:

``24316. Plan to assist families of passengers involved in rail 
                            passenger accidents''.

SEC. 1428. NORTHERN BORDER RAIL PASSENGER REPORT.

    Within 1 year after the date of enactment of this Act, the 
Secretary, in consultation with the Assistant Secretary of Homeland 
Security (Transportation Security Administration), the Secretary of 
Transportation, heads of other appropriate Federal departments, and 
agencies and the National Railroad Passenger Corporation, shall 
transmit a report to the Senate Committee on Commerce, Science, and 
Transportation, the House of Representatives Committee on 
Transportation and Infrastructure, and the House of Representatives 
Committee on Homeland Security that contains--
            (1) a description of the current system for screening 
        passengers and baggage on passenger rail service between the 
        United States and Canada;
            (2) an assessment of the current program to provide 
        preclearance of airline passengers between the United States 
        and Canada as outlined in ``The Agreement on Air Transport 
        Preclearance between the Government of Canada and the 
        Government of the United States of America'', dated January 18, 
        2001;
            (3) an assessment of the current program to provide 
        preclearance of freight railroad traffic between the United 
        States and Canada as outlined in the ``Declaration of Principle 
        for the Improved Security of Rail Shipments by Canadian 
        National Railway and Canadian Pacific Railway from Canada to 
        the United States'', dated April 2, 2003;
            (4) information on progress by the Department of Homeland 
        Security and other Federal agencies towards finalizing a 
        bilateral protocol with Canada that would provide for 
        preclearance of passengers on trains operating between the 
        United States and Canada;
            (5) a description of legislative, regulatory, budgetary, or 
        policy barriers within the United States Government to 
        providing pre-screened passenger lists for rail passengers 
        traveling between the United States and Canada to the 
        Department of Homeland Security;
            (6) a description of the position of the Government of 
        Canada and relevant Canadian agencies with respect to 
        preclearance of such passengers;
            (7) a draft of any changes in existing Federal law 
        necessary to provide for pre-screening of such passengers and 
        providing pre-screened passenger lists to the Department of 
        Homeland Security; and
            (8) an analysis of the feasibility of reinstating in-
        transit inspections onboard international Amtrak trains.

SEC. 1429. RAIL WORKER SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Secretary, in consultation with the Secretary of 
Transportation, appropriate law enforcement, security, and terrorism 
experts, representatives of railroad carriers and shippers, and 
nonprofit employee organizations that represent rail workers, shall 
develop and issue detailed guidance for a rail worker security training 
program to prepare front-line workers for potential threat conditions. 
The guidance shall take into consideration any current security 
training requirements or best practices.
    (b) Program Elements.--The guidance developed under subsection (a) 
shall include elements appropriate to passenger and freight rail 
service that address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew communication and coordination.
            (3) Appropriate responses to defend or protect oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures.
            (6) Psychology, behavior, and methods of terrorists, 
        including observation and analysis.
            (7) Situational training exercises regarding various threat 
        conditions.
            (8) Any other subject the Secretary considers appropriate.
    (c) Railroad Carrier Programs.--Not later than 90 days after the 
Secretary issues guidance under subsection (a) in final form, each 
railroad carrier shall develop a rail worker security training program 
in accordance with that guidance and submit it to the Secretary for 
review. Not later than 90 days after receiving a railroad carrier's 
program under this subsection, the Secretary shall review the program 
and transmit comments to the railroad carrier concerning any revisions 
the Secretary considers necessary for the program to meet the guidance 
requirements. A railroad carrier shall respond to the Secretary's 
comments within 90 days after receiving them.
    (d) Training.--Not later than 1 year after the Secretary reviews 
the training program developed by a railroad carrier under this 
section, the railroad carrier shall complete the training of all front-
line workers in accordance with that program. The Secretary shall 
review implementation of the training program of a representative 
sample of railroad carriers and report to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security on the number of reviews 
conducted and the results. The Secretary may submit the report in both 
classified and redacted formats as necessary.
    (e) Updates.--The Secretary shall update the training guidance 
issued under subsection (a) as appropriate to reflect new or different 
security threats. Railroad carriers shall revise their programs 
accordingly and provide additional training to their front-line workers 
within a reasonable time after the guidance is updated.
    (f) Front-Line Workers Defined.--In this section, the term ``front-
line workers'' means security personnel, dispatchers, locomotive 
engineers, conductors, trainmen, other onboard employees, maintenance 
and maintenance support personnel, bridge tenders, as well as other 
appropriate employees of railroad carriers, as defined by the 
Secretary.
    (g) Other Employees.--The Secretary shall issue guidance and best 
practices for a rail shipper employee security program containing the 
elements listed under subsection (b) as appropriate.

SEC. 1430. WHISTLEBLOWER PROTECTION PROGRAM.

    (a) In General.--Subchapter A of chapter 201 of title 49, United 
States Code, is amended by inserting after section 20117 the following:
``Sec. 20118. Whistleblower protection for rail Security matters
    ``(a) Discrimination Against Employee.--A railroad carrier engaged 
in interstate or foreign commerce may not discharge or in any way 
discriminate against an employee because the employee, whether acting 
for the employee or as a representative, has--
            ``(1) provided, caused to be provided, or is about to 
        provide or cause to be provided, to the employer or the Federal 
        Government information relating to a reasonably perceived 
        threat, in good faith, to security;
            ``(2) provided, caused to be provided, or is about to 
        provide or cause to be provided, testimony before Congress or 
        at any Federal or State proceeding regarding a reasonably 
        perceived threat, in good faith, to security; or
            ``(3) refused to violate or assist in the violation of any 
        law, rule or regulation related to rail security.
    ``(b) Dispute Resolution.--A dispute, grievance, or claim arising 
under this section is subject to resolution under section 3 of the 
Railway Labor Act (45 U.S.C. 153). In a proceeding by the National 
Railroad Adjustment Board, a division or delegate of the Board, or 
another board of adjustment established under section 3 to resolve the 
dispute, grievance, or claim the proceeding shall be expedited and the 
dispute, grievance, or claim shall be resolved not later than 180 days 
after it is filed. If the violation is a form of discrimination that 
does not involve discharge, suspension, or another action affecting 
pay, and no other remedy is available under this subsection, the Board, 
division, delegate, or other board of adjustment may award the employee 
reasonable damages, including punitive damages, of not more than 
$20,000.
    ``(c) Procedural Requirements.--Except as provided in subsection 
(b), the procedure set forth in section 42121(b)(2)(B) of this 
subtitle, including the burdens of proof, applies to any complaint 
brought under this section.
    ``(d) Election of Remedies.--An employee of a railroad carrier may 
not seek protection under both this section and another provision of 
law for the same allegedly unlawful act of the carrier.
    ``(e) Disclosure of Identity.--
            ``(1) Except as provided in paragraph (2) of this 
        subsection, or with the written consent of the employee, the 
        Secretary of Transportation or Secretary of Homeland Security 
        may not disclose the name of an employee of a railroad carrier 
        who has provided information about an alleged violation of this 
        section.
            ``(2) The Secretary shall disclose to the Attorney General 
        the name of an employee described in paragraph (1) of this 
        subsection if the matter is referred to the Attorney General 
        for enforcement.
    ``(f) Process for Reporting Problems.--
            ``(1) Establishment of reporting process.--The Secretary 
        shall establish, and provide information to the public 
        regarding, a process by which any person may submit a report to 
        the Secretary regarding railroad security problems, 
        deficiencies, or vulnerabilities.
            ``(2) Confidentiality.--The Secretary shall keep 
        confidential the identity of a person who submits a report 
        under paragraph (1) and any such report shall be treated as a 
        record containing protected information to the extent that it 
        does not consist of publicly available information.
            ``(3) Acknowledgment of receipt.--If a report submitted 
        under paragraph (1) identifies the person making the report, 
        the Secretary shall respond promptly to such person and 
        acknowledge receipt of the report.
            ``(4) Steps to address problems.--The Secretary shall 
        review and consider the information provided in any report 
        submitted under paragraph (1) and shall take appropriate steps 
        under this title to address any problems or deficiencies 
        identified.
            ``(5) Retaliation prohibited.--No employer may discharge 
        any employee or otherwise discriminate against any employee 
        with respect to the compensation to, or terms, conditions, or 
        privileges of the employment of, such employee because the 
        employee (or a person acting pursuant to a request of the 
        employee) made a report under paragraph (1).''.
    (b) Conforming Amendment.--The chapter analysis for chapter 201 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 20117 the following:

``20118. Whistleblower protection for rail security matters''.

SEC. 1431. HIGH HAZARD MATERIAL SECURITY RISK MITIGATION PLANS.

    (a) In General.--The Secretary, in consultation with the Assistant 
Secretary of Homeland Security (Transportation Security Administration) 
and the Secretary of Transportation, shall require rail carriers 
transporting a high hazard material, as defined in section 1411 of this 
title, to develop a high hazard material security risk mitigation plan 
containing appropriate measures, including alternative routing and 
temporary shipment suspension options, to address assessed risks to 
high consequence targets. The plan, and any information submitted to 
the Secretary under this section shall be protected as sensitive 
security information under the regulations prescribed under section 
114(s) of title 49, United States Code.
    (b) Implementation.--A high hazard material security risk 
mitigation plan shall be put into effect by a rail carrier for the 
shipment of high hazardous materials by rail on the rail carrier's 
right-of-way when the threat levels of the Homeland Security Advisory 
System are high or severe or specific intelligence of probable or 
imminent threat exists towards--
            (1) a high-consequence target that is within the 
        catastrophic impact zone of a railroad right-of-way used to 
        transport high hazardous material; or
            (2) rail infrastructure or operations within the immediate 
        vicinity of a high-consequence target.
    (c) Completion and Review of Plans.--
            (1) Plans required.--Each rail carrier shall--
                    (A) submit a list of routes used to transport high 
                hazard materials to the Secretary within 60 days after 
                the date of enactment of this Act;
                    (B) develop and submit a high hazard material 
                security risk mitigation plan to the Secretary within 
                180 days after it receives the notice of high 
                consequence targets on such routes by the Secretary 
                that includes an operational recovery plan to expedite, 
                to the maximum extent practicable, the return of an 
                adversely affected rail system or facility to its 
                normal performance level following a major terrorist 
                attack or other security incident; and
                    (C) submit any subsequent revisions to the plan to 
                the Secretary within 30 days after making the 
                revisions.
            (2) Review and updates.--The Secretary, with assistance of 
        the Secretary of Transportation, shall review the plans and 
        transmit comments to the railroad carrier concerning any 
        revisions the Secretary considers necessary. A railroad carrier 
        shall respond to the Secretary's comments within 30 days after 
        receiving them. Each rail carrier shall update and resubmit its 
        plan for review not less than every 2 years.
    (d) Definitions.--In this section:
            (1) The term ``high-consequence target'' means property, 
        infrastructure, public space, or natural resource designated by 
        the Secretary that is a viable terrorist target of national 
        significance, the attack of which could result in--
                    (A) catastrophic loss of life;
                    (B) significant damage to national security or 
                defense capabilities; or
                    (C) national economic harm.
            (2) The term ``catastrophic impact zone'' means the area 
        immediately adjacent to, under, or above an active railroad 
        right-of-way used to ship high hazard materials in which the 
        potential release or explosion of the high hazard material 
        being transported would likely cause--
                    (A) loss of life; or
                    (B) significant damage to property or structures.
            (3) The term ``rail carrier'' has the meaning given that 
        term by section 10102(5) of title 49, United States Code.

SEC. 1432. ENFORCEMENT AUTHORITY.

    (a) In General.--Section 114 of title 49, United States Code, as 
amended by section 902(a) of this title, is further amended by adding 
at the end the following:
    ``(v) Enforcement of Regulations and Orders of the Secretary of 
Homeland Security Issued Under This Title.--
            ``(1) Application of subsection.--
                    ``(A) In general.--This subsection applies to the 
                enforcement of regulations prescribed, and orders 
                issued, by the Secretary of Homeland Security under a 
                provision of this title other than a provision of 
                chapter 449.
                    ``(B) Violations of chapter 449.--The penalties for 
                violations of regulations prescribed, and orders 
                issued, by the Secretary of Homeland Security under 
                chapter 449 of this title are provided under chapter 
                463 of this title.
                    ``(C) Nonapplication to certain violations.--
                            ``(i) Paragraphs (2) through (5) of this 
                        subsection do not apply to violations of 
                        regulations prescribed, and orders issued, by 
                        the Secretary of Homeland Security under a 
                        provision of this title--
                                    ``(I) involving the transportation 
                                of personnel or shipments of materials 
                                by contractors where the Department of 
                                Defense has assumed control and 
                                responsibility;
                                    ``(II) by a member of the armed 
                                forces of the United States when 
                                performing official duties; or
                                    ``(III) by a civilian employee of 
                                the Department of Defense when 
                                performing official duties.
                            ``(ii) Violations described in subclause 
                        (I), (II), or (III) of clause (i) shall be 
                        subject to penalties as determined by the 
                        Secretary of Defense or the Secretary's 
                        designee.
            ``(2) Civil penalty.--
                    ``(A) In general.--A person is liable to the United 
                States Government for a civil penalty of not more than 
                $10,000 for a violation of a regulation prescribed, or 
                order issued, by the Secretary of Homeland Security 
                under this title.
                    ``(B) Repeat violations.--A separate violation 
                occurs under this paragraph for each day the violation 
                continues.
            ``(3) Administrative imposition of civil penalties.--
                    ``(A) In general.--The Secretary of Homeland 
                Security may impose a civil penalty for a violation of 
                a regulation prescribed, or order issued, under this 
                title. The Secretary shall give written notice of the 
                finding of a violation and the penalty.
                    ``(B) Scope of civil action.--In a civil action to 
                collect a civil penalty imposed by the Secretary under 
                this subsection, the court may not re-examine issues of 
                liability or the amount of the penalty.
                    ``(C) Jurisdiction.--The district courts of the 
                United States have exclusive jurisdiction of civil 
                actions to collect a civil penalty imposed by the 
                Secretary under this subsection if--
                            ``(i) the amount in controversy is more 
                        than--
                                    ``(I) $400,000, if the violation 
                                was committed by a person other than an 
                                individual or small business concern; 
                                or
                                    ``(II) $50,000, if the violation 
                                was committed by an individual or small 
                                business concern;
                            ``(ii) the action is in rem or another 
                        action in rem based on the same violation has 
                        been brought; or
                            ``(iii) another action has been brought for 
                        an injunction based on the same violation.
                    ``(D) Maximum penalty.--The maximum penalty the 
                Secretary may impose under this paragraph is--
                            ``(i) $400,000, if the violation was 
                        committed by a person other than an individual 
                        or small business concern; or
                            ``(ii) $50,000, if the violation was 
                        committed by an individual or small business 
                        concern.
            ``(4) Compromise and setoff.--
                    ``(A) The Secretary may compromise the amount of a 
                civil penalty imposed under this subsection. If the 
                Secretary compromises the amount of a civil penalty 
                under this subparagraph, the Secretary shall--
                            ``(i) notify the Senate Committee on 
                        Commerce, Science, and Transportation and the 
                        House of Representatives Committee on Homeland 
                        Security of the compromised penalty and explain 
                        the rationale therefor; and
                            ``(ii) make the explanation available to 
                        the public to the extent feasible without 
                        compromising security.
                    ``(B) The Government may deduct the amount of a 
                civil penalty imposed or compromised under this 
                subsection from amounts it owes the person liable for 
                the penalty.
            ``(5) Investigations and proceedings.--Chapter 461 of this 
        title shall apply to investigations and proceedings brought 
        under this subsection to the same extent that it applies to 
        investigations and proceedings brought with respect to aviation 
        security duties designated to be carried out by the Secretary.
            ``(6) Definitions.--In this subsection:
                    ``(A) Person.--The term `person' does not include--
                            ``(i) the United States Postal Service; or
                            ``(ii) the Department of Defense.
                    ``(B) Small business concern.--The term `small 
                business concern' has the meaning given that term in 
                section 3 of the Small Business Act (15 U.S.C. 632).''.
    (b) Conforming Amendment.--Section 46301(a)(4) of title 49, United 
States Code is amended by striking ``or another requirement under this 
title administered by the Under Secretary of Transportation for 
Security''.
    (c) Rail Safety Regulations.--Section 20103(a) of title 49, United 
States Code, is amended by striking ``safety'' the first place it 
appears, and inserting ``safety, including security,''.

SEC. 1433. RAIL SECURITY ENHANCEMENTS.

    (a) Rail Police Officers.--Section 28101 of title 49, United States 
Code, is amended--
            (1) by inserting ``(a) In General.--'' before ``Under''; 
        and
            (2) by adding at the end the following:
    ``(b) Assignment.--A rail police officer employed by a rail carrier 
and certified or commissioned as a police officer under the laws of a 
State may be temporarily assigned to assist a second rail carrier in 
carrying out law enforcement duties upon the request of the second rail 
carrier, at which time the police officer shall be considered to be an 
employee of the second rail carrier and shall have authority to enforce 
the laws of any jurisdiction in which the second rail carrier owns 
property to the same extent as provided in subsection (a).''.
    (b) Model State Legislation.--By no later than September 7, 2007, 
the Secretary of Transportation shall develop model State legislation 
to address the problem of entities that claim to be rail carriers in 
order to establish and run a police force when the entities do not in 
fact provide rail transportation and shall make it available to State 
governments. In developing the model State legislation the Secretary 
shall solicit the input of the States, railroads companies, and 
railroad employees. The Secretary shall review and, if necessary, 
revise such model State legislation periodically.

SEC. 1434. PUBLIC AWARENESS.

    Not later than 90 days after the date of enactment of this Act, the 
Secretary, in consultation with the Secretary of Transportation, shall 
develop a national plan for public outreach and awareness. Such plan 
shall be designed to increase awareness of measures that the general 
public, railroad passengers, and railroad employees can take to 
increase railroad system security. Such plan shall also provide 
outreach to railroad carriers and their employees to improve their 
awareness of available technologies, ongoing research and development 
efforts, and available Federal funding sources to improve railroad 
security. Not later than 9 months after the date of enactment of this 
Act, the Secretary shall implement the plan developed under this 
section.

SEC. 1435. RAILROAD HIGH HAZARD MATERIAL TRACKING.

    (a) Wireless Communications.--
            (1) In general.--In conjunction with the research and 
        development program established under section 1425 and 
        consistent with the results of research relating to wireless 
        tracking technologies, the Secretary, in consultation with the 
        Assistant Secretary of Homeland Security (Transportation 
        Security Administration), shall develop a program that will 
        encourage the equipping of rail cars transporting high hazard 
        materials (as defined in section 1411 of this title) with 
        technology that provides--
                    (A) car position location and tracking 
                capabilities; and
                    (B) notification of rail car depressurization, 
                breach, unsafe temperature, or release of hazardous 
                materials.
            (2) Coordination.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for rail car tracking at the Department of 
                Transportation; and
                    (B) ensure that the program is consistent with 
                recommendations and findings of the Department of 
                Homeland Security's hazardous material tank rail car 
                tracking pilot programs.
    (b) Funding.--Out of funds appropriated pursuant to section 114(w) 
of title 49, United States Code, as amended by section 1437 of this 
title, there shall be made available to the Secretary to carry out this 
section $3,000,000 for each of fiscal years 2008, 2009, and 2010.

SEC. 1436. UNIFIED CARRIER REGISTRATION SYSTEM PLAN AGREEMENT.

    (a) In General.--Notwithstanding section 4305(a) of the SAFETEA-LU 
Act (Public Law 109-59)--
            (1) section 14504 of title 49, United States Code, as that 
        section was in effect on December 31, 2006, is re-enacted, 
        effective as of January 1, 2007; and
            (2) no fee shall be collected pursuant to section 14504a of 
        title 49, United States Code, until 30 days after the date, as 
        determined by the Secretary of Transportation, on which--
                    (A) the unified carrier registration system plan 
                and agreement required by that section has been fully 
                implemented; and
                    (B) the fees have been set by the Secretary under 
                subsection (d)(7)(B) of that section.
    (b) Repeal of Section 14504.--Section 14504 of title 49, United 
States Code, as re-enacted by this Act, is repealed effective on the 
date on which fees may be collected under section 14504a of title 49, 
United States Code, pursuant to subsection (a)(2) of this section.

SEC. 1437. AUTHORIZATION OF APPROPRIATIONS.

    (a) Transportation Security Administration Authorization.--Section 
114 of title 49, United States Code, as amended by section 1432, is 
amended by adding at the end thereof the following:
    ``(w) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for rail security--
            ``(1) $205,000,000 for fiscal year 2008;
            ``(2) $166,000,000 for fiscal year 2009; and
            ``(3) $166,000,000 for fiscal year 2010.''.
    (b) Department of Transportation.--There are authorized to be 
appropriated to the Secretary of Transportation to carry out this title 
and sections 20118 and 24316 of title 49, United States Code, as added 
by this title--
            (1) $121,000,000 for fiscal year 2008;
            (2) $118,000,000 for fiscal year 2009;
            (3) $118,000,000 for fiscal year 2010; and
            (4) $118,000,000 for fiscal year 2011.

SEC. 1438. APPLICABILITY OF DISTRICT OF COLUMBIA LAW TO CERTAIN AMTRAK 
              CONTRACTS.

    Section 24301 of title 49, United States Code, is amended by adding 
at the end the following:
    ``(o) Applicability of District of Columbia Law.--Any lease or 
contract entered into between the National Railroad Passenger 
Corporation and the State of Maryland, or any department or agency of 
the State of Maryland, after the date of the enactment of this 
subsection shall be governed by the laws of the District of 
Columbia.''.

 PART II--IMPROVED MOTOR CARRIER, BUS, AND HAZARDOUS MATERIAL SECURITY

SEC. 1441. HAZARDOUS MATERIALS HIGHWAY ROUTING.

    (a) Route Plan Guidance.--Within 1 year after the date of enactment 
of this Act, the Secretary of Transportation, in consultation with the 
Secretary, shall--
            (1) document existing and proposed routes for the 
        transportation of radioactive and non-radioactive hazardous 
        materials by motor carrier, and develop a framework for using a 
        Geographic Information System-based approach to characterize 
        routes in the National Hazardous Materials Route Registry;
            (2) assess and characterize existing and proposed routes 
        for the transportation of radioactive and non-radioactive 
        hazardous materials by motor carrier for the purpose of 
        identifying measurable criteria for selecting routes based on 
        safety and security concerns;
            (3) analyze current route-related hazardous materials 
        regulations in the United States, Canada, and Mexico to 
        identify cross-border differences and conflicting regulations;
            (4) document the concerns of the public, motor carriers, 
        and State, local, territorial, and tribal governments about the 
        highway routing of hazardous materials for the purpose of 
        identifying and mitigating security risks associated with 
        hazardous material routes;
            (5) prepare guidance materials for State officials to 
        assist them in identifying and reducing both safety concerns 
        and security risks when designating highway routes for 
        hazardous materials consistent with the 13 safety-based non-
        radioactive materials routing criteria and radioactive 
        materials routing criteria in subpart C part 397 of title 49, 
        Code of Federal Regulations;
            (6) develop a tool that will enable State officials to 
        examine potential routes for the highway transportation of 
        hazardous material and assess specific security risks 
        associated with each route and explore alternative mitigation 
        measures; and
            (7) transmit to the Senate Committee on Commerce, Science, 
        and Transportation, and the House of Representatives Committee 
        on Transportation and Infrastructure a report on the actions 
        taken to fulfill paragraphs (1) through (6) of this subsection 
        and any recommended changes to the routing requirements for the 
        highway transportation of hazardous materials in part 397 of 
        title 49, Code of Federal Regulations.
    (b) Route Plans.--
            (1) Assessment.--Within 1 year after the date of enactment 
        of this Act, the Secretary of Transportation shall complete an 
        assessment of the safety and national security benefits 
        achieved under existing requirements for route plans, in 
        written or electronic format, for explosives and radioactive 
        materials. The assessment shall, at a minimum--
                    (A) compare the percentage of Department of 
                Transportation recordable incidents and the severity of 
                such incidents for shipments of explosives and 
                radioactive materials for which such route plans are 
                required with the percentage of recordable incidents 
                and the severity of such incidents for shipments of 
                explosives and radioactive materials not subject to 
                such route plans; and
                    (B) quantify the security and safety benefits, 
                feasibility, and costs of requiring each motor carrier 
                that is required to have a hazardous material safety 
                permit under part 385 of title 49, Code of Federal 
                Regulations, to maintain, follow, and carry such a 
                route plan that meets the requirements of section 
                397.101 of that title when transporting the type and 
                quantity of hazardous materials described in section 
                385.403 of that title, taking into account the various 
                segments of the trucking industry, including tank 
                truck, truckload and less than truckload carriers.
            (2) Report.--Within 1 year after the date of enactment of 
        this Act, the Secretary of Transportation shall submit a report 
        to the Senate Committee on Commerce, Science, and 
        Transportation, and the House of Representatives Committee on 
        Transportation and Infrastructure containing the findings and 
        conclusions of the assessment.
    (c) Requirement.--The Secretary shall require motor carriers that 
have a hazardous material safety permit under part 385 of title 49, 
Code of Federal Regulations, to maintain, follow, and carry a route 
plan, in written or electronic format, that meets the requirements of 
section 397.101 of that title when transporting the type and quantity 
of hazardous materials described in section 385.403 of that title if 
the Secretary determines, under the assessment required in subsection 
(b), that such a requirement would enhance the security and safety of 
the nation without imposing unreasonable costs or burdens upon motor 
carriers.

SEC. 1442. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

    (a) Communications.--
            (1) In general.--Consistent with the findings of the 
        Transportation Security Administration's Hazmat Truck Security 
        Pilot Program and within 6 months after the date of enactment 
        of this Act, the Secretary, through the Transportation Security 
        Administration and in consultation with the Secretary of 
        Transportation, shall develop a program to facilitate the 
        tracking of motor carrier shipments of high hazard materials, 
        as defined in this title, and to equip vehicles used in such 
        shipments with technology that provides--
                    (A) frequent or continuous communications;
                    (B) vehicle position location and tracking 
                capabilities; and
                    (C) a feature that allows a driver of such vehicles 
                to broadcast an emergency message.
            (2) Considerations.--In developing the program required by 
        paragraph (1), the Secretary shall--
                    (A) consult with the Secretary of Transportation to 
                coordinate the program with any ongoing or planned 
                efforts for motor carrier or high hazardous materials 
                tracking at the Department of Transportation;
                    (B) take into consideration the recommendations and 
                findings of the report on the Hazardous Material Safety 
                and Security Operation Field Test released by the 
                Federal Motor Carrier Safety Administration on November 
                11, 2004; and
                    (C) evaluate--
                            (i) any new information related to the 
                        costs and benefits of deploying, equipping, and 
                        utilizing tracking technology, including 
                        portable tracking technology, for motor 
                        carriers transporting high hazard materials not 
                        included in the Hazardous Material Safety and 
                        Security Operation Field Test Report released 
                        by the Federal Motor Carrier Safety 
                        Administration on November 11, 2004;
                            (ii) the ability of tracking technology to 
                        resist tampering and disabling;
                            (iii) the capability of tracking technology 
                        to collect, display, and store information 
                        regarding the movement of shipments of high 
                        hazard materials by commercial motor vehicles;
                            (iv) the appropriate range of contact 
                        intervals between the tracking technology and a 
                        commercial motor vehicle transporting high 
                        hazard materials;
                            (v) technology that allows the installation 
                        by a motor carrier of concealed and portable 
                        electronic devices on commercial motor vehicles 
                        that can be activated by law enforcement 
                        authorities to disable the vehicle and alert 
                        emergency response resources to locate and 
                        recover high hazard materials in the event of 
                        loss or theft of such materials; and
                            (vi) whether installation of the technology 
                        described in clause (v) should be incorporated 
                        into the program under paragraph (1);
                            (vii) the costs, benefits, and practicality 
                        of such technology described in clause (v) in 
                        the context of the overall benefit to national 
                        security, including commerce in transportation; 
                        and
                            (viii) other systems the Secretary 
                        determines appropriate.
    (b) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary, through the Transportation 
Security Administration, shall promulgate regulations to carry out the 
provisions of subsection (a).
    (c) Funding.--There are authorized to be appropriated to the 
Secretary to carry out this section, $7,000,000 for each of fiscal 
years 2008, 2009, and 2010, of which--
            (1) $3,000,000 per year may be used for equipment; and
            (2) $1,000,000 per year may be used for operations.
    (d) Report.--Within 1 year after the issuance of regulations under 
subsection (b), the Secretary shall issue a report to the Senate 
Committee on Commerce, Science, and Transportation, the Senate 
Committee on Homeland Security and Governmental Affairs and the House 
Committee on Homeland Security on the program developed and evaluation 
carried out under this section.
    (e) Limitation.--The Secretary may not mandate the installation or 
utilization of the technology described under (a)(2)(C)(v) without 
additional congressional action on that matter.

SEC. 1443. MEMORANDUM OF AGREEMENT.

    Similar to the other security annexes between the 2 departments, 
within 1 year after the date of enactment of this Act, the Secretary of 
Transportation and the Secretary shall execute and develop an annex to 
the memorandum of agreement between the 2 departments signed on 
September 28, 2004, governing the specific roles, delineations of 
responsibilities, resources and commitments of the Department of 
Transportation and the Department of Homeland Security, respectively, 
in addressing motor carrier transportation security matters, including 
the processes the departments will follow to promote communications, 
efficiency, and nonduplication of effort.

SEC. 1444. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--The Secretary shall establish a program within the 
Transportation Security Administration, in consultation with the 
Secretary of Transportation, for reviewing hazardous materials security 
plans required under part 172, title 49, Code of Federal Regulations, 
within 180 days after the date of enactment of this Act. In 
establishing the program, the Secretary shall ensure that--
            (1) the program does not subject carriers to unnecessarily 
        duplicative reviews of their security plans by the 2 
        departments; and
            (2) a common set of standards is used to review the 
        security plans.
    (b) Civil Penalty.--The failure, by an offerer, carrier, or other 
person subject to part 172 of title 49, Code of Federal Regulations, to 
comply with any applicable section of that part within 180 days after 
being notified by the Secretary of such failure to comply, is 
punishable by a civil penalty imposed by the Secretary under title 49, 
United States Code. For purposes of this subsection, each day of 
noncompliance after the 181st day following the date on which the 
offerer, carrier, or other person received notice of the failure shall 
constitute a separate failure.
    (c) Compliance Review.--In reviewing the compliance of hazardous 
materials offerers, carriers, or other persons subject to part 172 of 
title 49, Code of Federal Regulations, with the provisions of that 
part, the Secretary shall utilize risk assessment methodologies to 
prioritize review and enforcement actions of the highest risk hazardous 
materials transportation operations.
    (d) Transportation Costs Study.--Within 1 year after the date of 
enactment of this Act, the Secretary of Transportation, in conjunction 
with the Secretary, shall study to what extent the insurance, security, 
and safety costs borne by railroad carriers, motor carriers, pipeline 
carriers, air carriers, and maritime carriers associated with the 
transportation of hazardous materials are reflected in the rates paid 
by offerers of such commodities as compared to the costs and rates 
respectively for the transportation of non-hazardous materials.
    (e) Funding.--There are authorized to be appropriated to the 
Secretary to carry out this section--
            (1) $2,000,000 for fiscal year 2008;
            (2) $2,000,000 for fiscal year 2009; and
            (3) $2,000,000 for fiscal year 2010.

SEC. 1445. TRUCK SECURITY ASSESSMENT.

    Not later than 1 year after the date of enactment of this Act, the 
Secretary, in consultation with the Secretary of Transportation, shall 
transmit to the Senate Committee on Commerce, Science, and 
Transportation, Senate Committee on Finance, the House of 
Representatives Committee on Transportation and Infrastructure, the 
House of Representatives Committee on Homeland Security, and the House 
of Representatives Committee on Ways and Means, a report on security 
issues related to the trucking industry that includes--
            (1) an assessment of actions already taken to address 
        identified security issues by both public and private entities;
            (2) an assessment of the economic impact that security 
        upgrades of trucks, truck equipment, or truck facilities may 
        have on the trucking industry and its employees, including 
        independent owner-operators;
            (3) an assessment of ongoing research and the need for 
        additional research on truck security;
            (4) an assessment of industry best practices to enhance 
        security; and
            (5) an assessment of the current status of secure motor 
        carrier parking.

SEC. 1446. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

    (a) Development.--The Secretary, in conjunction with the Secretary 
of Transportation, shall consider the development of a national public 
sector response system to receive security alerts, emergency messages, 
and other information used to track the transportation of high hazard 
materials which can provide accurate, timely, and actionable 
information to appropriate first responder, law enforcement and public 
safety, and homeland security officials, as appropriate, regarding 
accidents, threats, thefts, or other safety and security risks or 
incidents. In considering the development of this system, they shall 
consult with law enforcement and public safety officials, hazardous 
material shippers, motor carriers, railroads, organizations 
representing hazardous material employees, State transportation and 
hazardous materials officials, private for-profit and non-profit 
emergency response organizations, and commercial motor vehicle and 
hazardous material safety groups. Consideration of development of the 
national public sector response system shall be based upon the public 
sector response center developed for the Transportation Security 
Administration hazardous material truck security pilot program and 
hazardous material safety and security operational field test 
undertaken by the Federal Motor Carrier Safety Administration.
    (b) Capability.--The national public sector response system to be 
considered shall be able to receive, as appropriate--
            (1) negative driver verification alerts;
            (2) out-of-route alerts;
            (3) driver panic or emergency alerts; and
            (4) tampering or release alerts.
    (c) Characteristics.--The national public sector response system to 
be considered shall--
            (1) be an exception-based system;
            (2) be integrated with other private and public sector 
        operation reporting and response systems and all Federal 
        homeland security threat analysis systems or centers (including 
        the National Response Center); and
            (3) provide users the ability to create rules for alert 
        notification messages.
    (d) Carrier Participation.--The Secretary shall coordinate with 
motor carriers and railroads transporting high hazard materials, 
entities acting on their behalf who receive communication alerts from 
motor carriers or railroads, or other Federal agencies that receive 
security and emergency related notification regarding high hazard 
materials in transit to facilitate the provisions of the information 
listed in subsection (b) to the national public sector response system 
to the extent possible if the system is established.
    (e) Data Privacy.--The national public sector response system shall 
be designed to ensure appropriate protection of data and information 
relating to motor carriers, railroads, and employees.
    (f) Report.--Not later than 180 days after the date of enactment of 
this Act, the Secretary shall transmit to the Senate Committee on 
Commerce, Science, and Transportation, the House of Representatives 
Committee on Transportation and Infrastructure, and the House of 
Representatives Committee on Homeland Security a report on whether to 
establish a national public sector response system and the estimated 
total public and private sector costs to establish and annually operate 
such a system, together with any recommendations for generating private 
sector participation and investment in the development and operation of 
such a system.
    (g) Funding.--There are authorized to be appropriated to the 
Secretary to carry out this section--
            (1) $1,000,000 for fiscal year 2008;
            (2) $1,000,000 for fiscal year 2009; and
            (3) $1,000,000 for fiscal year 2010.

SEC. 1447. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

    (a) In General.--The Secretary shall establish a program within the 
Transportation Security Administration for making grants to private 
operators of over-the-road buses or over-the-road bus terminal 
operators for the purposes of emergency preparedness drills and 
exercises, protecting high risk/high consequence assets identified 
through system-wide risk assessment, counter-terrorism training, 
visible/unpredictable deterrence, public awareness and preparedness 
campaigns, and including--
            (1) constructing and modifying terminals, garages, 
        facilities, or over-the-road buses to assure their security;
            (2) protecting or isolating the driver;
            (3) acquiring, upgrading, installing, or operating 
        equipment, software, or accessorial services for collection, 
        storage, or exchange of passenger and driver information 
        through ticketing systems or otherwise, and information links 
        with government agencies;
            (4) training employees in recognizing and responding to 
        security risks, evacuation procedures, passenger screening 
        procedures, and baggage inspection;
            (5) hiring and training security officers;
            (6) installing cameras and video surveillance equipment on 
        over-the-road buses and at terminals, garages, and over-the-
        road bus facilities;
            (7) creating a program for employee identification or 
        background investigation;
            (8) establishing and upgrading emergency communications 
        tracking and control systems; and
            (9) implementing and operating passenger screening programs 
        at terminals and on over-the-road buses.
    (b) Due Consideration.--In making grants under this section, the 
Secretary shall give due consideration to private operators of over-
the-road buses that have taken measures to enhance bus transportation 
security from those in effect before September 11, 2001, and shall 
prioritize grant funding based on the magnitude and severity of the 
security risks to bus passengers and the ability of the funded project 
to reduce, or respond to, that risk.
    (c) Grant Requirements.--A grant under this section shall be 
subject to all the terms and conditions that a grant is subject to 
under section 3038(f) of the Transportation Equity Act for the 21st 
Century (49 U.S.C. 5310 note; 112 Stat. 393).
    (d) Plan Requirement.--
            (1) In general.--The Secretary may not make a grant under 
        this section to a private operator of over-the-road buses until 
        the operator has first submitted to the Secretary--
                    (A) a plan for making security improvements 
                described in subsection (a) and the Secretary has 
                reviewed or approved the plan; and
                    (B) such additional information as the Secretary 
                may require to ensure accountability for the obligation 
                and expenditure of amounts made available to the 
                operator under the grant.
            (2) Coordination.--To the extent that an application for a 
        grant under this section proposes security improvements within 
        a specific terminal owned and operated by an entity other than 
        the applicant, the applicant shall demonstrate to the 
        satisfaction of the Secretary that the applicant has 
        coordinated the security improvements for the terminal with 
        that entity.
    (e) Over-the-Road Bus Defined.--In this section, the term ``over-
the-road bus'' means a bus characterized by an elevated passenger deck 
located over a baggage compartment.
    (f) Bus Security Assessment.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Senate Committee on Commerce, Science, and Transportation, the 
        House of Representatives Committee on Transportation and 
        Infrastructure, and the House of Representatives Committee on 
        Homeland Security a report in accordance with the requirements 
        of this section.
            (2) Contents of report.--The report shall include--
                    (A) an assessment of the over-the-road bus security 
                grant program;
                    (B) an assessment of actions already taken to 
                address identified security issues by both public and 
                private entities and recommendations on whether 
                additional safety and security enforcement actions are 
                needed;
                    (C) an assessment of whether additional legislation 
                is needed to provide for the security of Americans 
                traveling on over-the-road buses;
                    (D) an assessment of the economic impact that 
                security upgrades of buses and bus facilities may have 
                on the over-the-road bus transportation industry and 
                its employees;
                    (E) an assessment of ongoing research and the need 
                for additional research on over-the-road bus security, 
                including engine shut-off mechanisms, chemical and 
                biological weapon detection technology, and the 
                feasibility of compartmentalization of the driver;
                    (F) an assessment of industry best practices to 
                enhance security; and
                    (G) an assessment of school bus security, if the 
                Secretary deems it appropriate.
            (3) Consultation with industry, labor, and other groups.--
        In carrying out this section, the Secretary shall consult with 
        over-the-road bus management and labor representatives, public 
        safety and law enforcement officials, and the National Academy 
        of Sciences.
    (g) Funding.--
            (1) In general.--There are authorized to be appropriated to 
        the Secretary to carry out this section--
                    (A) $12,000,000 for fiscal year 2008;
                    (B) $25,000,000 for fiscal year 2009; and
                    (C) $25,000,000 for fiscal year 2010.
            (2) Availability of appropriated funds.--Amounts 
        appropriated pursuant to paragraph (1) shall remain available 
        until expended.

SEC. 1448. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

    (a) In General.--The Secretary, in consultation with the Secretary 
of Transportation and the Pipeline and Hazardous Materials Safety 
Administration, and in accordance with the Memorandum of Understanding 
Annex executed on August 9, 2006, shall develop a Pipeline Security and 
Incident Recovery Protocols Plan. The plan shall include--
            (1) a plan for the Federal Government to provide increased 
        security support to the most critical interstate and intrastate 
        natural gas and hazardous liquid transmission pipeline 
        infrastructure and operations as determined under section 
        1449--
                    (A) at severe security threat levels of alert; or
                    (B) when specific security threat information 
                relating to such pipeline infrastructure or operations 
                exists; and
            (2) an incident recovery protocol plan, developed in 
        conjunction with interstate and intrastate transmission and 
        distribution pipeline operators and terminals and facilities 
        operators connected to pipelines, to develop protocols to 
        ensure the continued transportation of natural gas and 
        hazardous liquids to essential markets and for essential public 
        health or national defense uses in the event of an incident 
        affecting the interstate and intrastate natural gas and 
        hazardous liquid transmission and distribution pipeline system, 
        which shall include protocols for granting access to pipeline 
        operators for pipeline infrastructure repair, replacement or 
        bypass following an incident.
    (b) Existing Private and Public Sector Efforts.--The plan shall 
take into account actions taken or planned by both private and public 
entities to address identified pipeline security issues and assess the 
effective integration of such actions.
    (c) Consultation.--In developing the plan under subsection (a), the 
Secretary shall consult with the Secretary of Transportation, 
interstate and intrastate transmission and distribution pipeline 
operators, pipeline labor, first responders, shippers, State pipeline 
safety agencies, public safety officials, and other relevant parties.
    (d) Report.--
            (1) Contents.--Not later than 2 years after the date of 
        enactment of this Act, the Secretary shall transmit to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate, the Committee on Homeland Security of the House of 
        Representatives, and the Committee on Transportation and 
        Infrastructure of the House of Representatives a report 
        containing the plan required by subsection (a), along with an 
        estimate of the private and public sector costs to implement 
        any recommendations.
            (2) Format.--The Secretary may submit the report in both 
        classified and redacted formats if the Secretary determines 
        that such action is appropriate or necessary.

SEC. 1449. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

    (a) In General.--Within 1 year after the date of enactment of this 
Act, the Secretary, in consultation with the Secretary of 
Transportation, shall establish a program for reviewing pipeline 
operator adoption of recommendations in the September 5, 2002, 
Department of Transportation Research and Special Programs 
Administration Pipeline Security Information Circular, including the 
review of pipeline security plans and critical facility inspections.
    (b) Review and Inspection.--Within 9 months after the date of 
enactment of this Act, the Secretary and the Secretary of 
Transportation shall develop and implement a plan for reviewing the 
pipeline security plan and an inspection of the critical facilities of 
the 100 most critical pipeline operators covered by the September 5, 
2002, circular, where such facilities have not been inspected for 
security purposes since September 5, 2002, by either the Department of 
Homeland Security or the Department of Transportation.
    (c) Compliance Review Methodology.--In reviewing pipeline operator 
compliance under subsections (a) and (b), risk assessment methodologies 
shall be used to prioritize risks and to target inspection and 
enforcement actions to the highest risk pipeline assets.
    (d) Regulations.--Within 1 year after the date of enactment of this 
Act, the Secretary and the Secretary of Transportation shall develop 
and transmit to pipeline operators security recommendations for natural 
gas and hazardous liquid pipelines and pipeline facilities. If the 
Secretary determines that regulations are appropriate, the Secretary 
shall consult with the Secretary of Transportation on the extent of 
risk and appropriate mitigation measures, and the Secretary or the 
Secretary of Transportation, consistent with the memorandum of 
understanding annex signed on August 9, 2006, shall promulgate such 
regulations and carry out necessary inspection and enforcement actions. 
Any regulations should incorporate the guidance provided to pipeline 
operators by the September 5, 2002, Department of Transportation 
Research and Special Programs Administration's Pipeline Security 
Information Circular and contain additional requirements as necessary 
based upon the results of the inspections performed under subsection 
(b). The regulations shall include the imposition of civil penalties 
for non-compliance.
    (e) Funding.--There are authorized to be appropriated to the 
Secretary to carry out this section--
            (1) $2,000,000 for fiscal year 2008; and
            (2) $2,000,000 for fiscal year 2009.

SEC. 1450. TECHNICAL CORRECTIONS.

    Section 5103a of title 49, United States Code, is amended--
            (1) by inserting ``of Homeland Security'' after 
        ``Secretary'' each place it appears in subsections (a)(1), 
        (d)(1)(b), and (e); and
            (2) by redesignating subsection (h) as subsection (i), and 
        inserting the following after subsection (g):
    ``(h) Relationship to Transportation Security Cards.--Upon 
application, a State shall issue to an individual a license to operate 
a motor vehicle transporting in commerce a hazardous material without 
the security assessment required by this section, provided the 
individual meets all other applicable requirements for such a license, 
if the Secretary of Homeland Security has previously determined, under 
section 70105 of title 46, United States Code, that the individual does 
not pose a security risk.''.

SEC. 1451. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

    Any statutory limitation on the number of employees in the 
Transportation Security Administration of the Department of 
Transportation, before or after its transfer to the Department of 
Homeland Security, does not apply to the extent that any such employees 
are responsible for implementing the provisions of this title.

SEC. 1452. MARITIME AND SURFACE TRANSPORTATION SECURITY USER FEE STUDY.

    (a) In General.--The Secretary of Homeland Security shall conduct a 
study of the need for, and feasibility of, establishing a system of 
maritime and surface transportation-related user fees that may be 
imposed and collected as a dedicated revenue source, on a temporary or 
continuing basis, to provide necessary funding for legitimate 
improvements to, and maintenance of, maritime and surface 
transportation security. In developing the study, the Secretary shall 
consult with maritime and surface transportation carriers, shippers, 
passengers, facility owners and operators, and other persons as 
determined by the Secretary. Not later than 1 year after the date of 
the enactment of this Act, the Secretary shall submit a report to the 
appropriate congressional committees that contains--
            (1) the results of the study;
            (2) an assessment of the annual sources of funding 
        collected through maritime and surface transportation at ports 
        of entry and a detailed description of the distribution and use 
        of such funds, including the amount and percentage of such 
        sources that are dedicated to improve and maintain security;
            (3)(A) an assessment of the fees, charges, and standards 
        imposed on United States ports, port terminal operators, 
        shippers, carriers, and other persons who use United States 
        ports of entry compared with the fees and charges imposed on 
        Canadian and Mexican ports, Canadian and Mexican port terminal 
        operators, shippers, carriers, and other persons who use 
        Canadian or Mexican ports of entry; and
            (B) an assessment of the impact of such fees, charges, and 
        standards on the competitiveness of United States ports, port 
        terminal operators, railroads, motor carriers, pipelines, other 
        transportation modes, and shippers;
            (4) an assessment of private efforts and investments to 
        secure maritime and surface transportation modes, including 
        those that are operational and those that are planned; and
            (5) the Secretary's recommendations based upon the study, 
        and an assessment of the consistency of such recommendations 
        with the international obligations and commitments of the 
        United States.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' has the meaning given 
        that term by section 2(1) of the SAFE Port Act (6 U.S.C. 
        901(1)).
            (2) Port of entry.--The term ``port of entry'' means any 
        port or other facility through which foreign goods are 
        permitted to enter the customs territory of a country under 
        official supervision.
            (3) Maritime and surface transportation.--The term 
        ``maritime and surface transportation'' includes oceanborne, 
        rail, and vehicular transportation.

SEC. 1453. DHS INSPECTOR GENERAL REPORT ON HIGHWAY WATCH GRANT PROGRAM.

    Within 90 days after the date of enactment of this Act, the 
Inspector General of the Department of Homeland Security shall submit a 
report to the Senate Committee on Commerce, Science, and Transportation 
and Committee on Homeland Security and Governmental Affairs on the 
Trucking Security Grant Program for fiscal years 2004 and 2005 that--
            (1) addresses the grant announcement, application, receipt, 
        review, award, monitoring, and closeout processes; and
            (2) states the amount obligated or expended under the 
        program for fiscal years 2004 and 2005 for--
                    (A) infrastructure protection;
                    (B) training;
                    (C) equipment;
                    (D) educational materials;
                    (E) program administration;
                    (E) marketing; and
                    (F) other functions.

SEC. 1454. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO 
              CONVICTED FELONS.

    (a) In General.--Section 70105 of title 46, United States Code, is 
amended--
            (1) in subsection (b)(1), by striking ``decides that the 
        individual poses a security risk under subsection (c)'' and 
        inserting ``determines under subsection (c) that the individual 
        poses a security risk''; and
            (2) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) Disqualifications.--
                    ``(A) Permanent disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual 
                is permanently disqualified from being issued a 
                biometric transportation security card under subsection 
                (b) if the individual has been convicted, or found not 
                guilty by reason of insanity, in a civilian or military 
                jurisdiction of any of the following felonies:
                            ``(i) Espionage or conspiracy to commit 
                        espionage.
                            ``(ii) Sedition or conspiracy to commit 
                        sedition.
                            ``(iii) Treason or conspiracy to commit 
                        treason.
                            ``(iv) A Federal crime of terrorism (as 
                        defined in section 2332b(g) of title 18), a 
                        comparable State law, or conspiracy to commit 
                        such crime.
                            ``(v) A crime involving a transportation 
                        security incident.
                            ``(vi) Improper transportation of a 
                        hazardous material under section 5124 of title 
                        49, or a comparable State law.
                            ``(vii) Unlawful possession, use, sale, 
                        distribution, manufacture, purchase, receipt, 
                        transfer, shipping, transporting, import, 
                        export, storage of, or dealing in an explosive 
                        or explosive device. In this clause, an 
                        explosive or explosive device includes--
                                    ``(I) an explosive (as defined in 
                                sections 232(5) and 844(j) of title 
                                18);
                                    ``(II) explosive materials (as 
                                defined in subsections (c) through (f) 
                                of section 841 of title 18); and
                                    ``(III) a destructive device (as 
                                defined in 921(a)(4) of title 18 and 
                                section 5845(f) of the Internal Revenue 
                                Code of 1986).
                            ``(viii) Murder.
                            ``(ix) Making any threat, or maliciously 
                        conveying false information knowing the same to 
                        be false, concerning the deliverance, 
                        placement, or detonation of an explosive or 
                        other lethal device in or against a place of 
                        public use, a State or other government 
                        facility, a public transportation system, or an 
                        infrastructure facility.
                            ``(x) A violation of the Racketeer 
                        Influenced and Corrupt Organizations Act (18 
                        U.S.C. 1961 et seq.), or a comparable State 
                        law, if 1 of the predicate acts found by a jury 
                        or admitted by the defendant consists of 1 of 
                        the crimes listed in this subparagraph.
                            ``(xi) Attempt to commit any of the crimes 
                        listed in clauses (i) through (iv).
                            ``(xii) Conspiracy or attempt to commit any 
                        of the crimes described in clauses (v) through 
                        (x).
                    ``(B) Interim disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual 
                is disqualified from being issued a biometric 
                transportation security card under subsection (b) if 
                the individual has been convicted, or found not guilty 
                by reason of insanity, during the 7-year period ending 
                on the date on which the individual applies for such 
                card, or was released from incarceration during the 5-
                year period ending on the date on which the individual 
                applies for such card, of any of the following 
                felonies:
                            ``(i) Unlawful possession, use, sale, 
                        manufacture, purchase, distribution, receipt, 
                        transfer, shipping, transporting, delivery, 
                        import, export of, or dealing in a firearm or 
                        other weapon. In this clause, a firearm or 
                        other weapon includes--
                                    ``(I) firearms (as defined in 
                                section 921(a)(3) of title 18 and 
                                section 5845(a) of the Internal Revenue 
                                Code of 1986); and
                                    ``(II) items contained on the 
                                United States Munitions Import List 
                                under section 447.21 of title 27, Code 
                                of Federal Regulations.
                            ``(ii) Extortion.
                            ``(iii) Dishonesty, fraud, or 
                        misrepresentation, including identity fraud and 
                        money laundering if the money laundering is 
                        related to a crime described in this 
                        subparagraph or subparagraph (A). In this 
                        clause, welfare fraud and passing bad checks do 
                        not constitute dishonesty, fraud, or 
                        misrepresentation.
                            ``(iv) Bribery.
                            ``(v) Smuggling.
                            ``(vi) Immigration violations.
                            ``(vii) Distribution of, possession with 
                        intent to distribute, or importation of a 
                        controlled substance.
                            ``(viii) Arson.
                            ``(ix) Kidnapping or hostage taking.
                            ``(x) Rape or aggravated sexual abuse.
                            ``(xi) Assault with intent to kill.
                            ``(xii) Robbery.
                            ``(xiii) Conspiracy or attempt to commit 
                        any of the crimes listed in this subparagraph.
                            ``(xiv) Fraudulent entry into a seaport 
                        under section 1036 of title 18, or a comparable 
                        State law.
                            ``(xv) A violation of the Racketeer 
                        Influenced and Corrupt Organizations Act (18 
                        U.S.C. 1961 et seq.) or a comparable State law, 
                        other than any of the violations listed in 
                        subparagraph (A)(x).
                    ``(C) Under want warrant, or indictment.--An 
                applicant who is wanted, or under indictment, in any 
                civilian or military jurisdiction for a felony listed 
                in this paragraph, is disqualified from being issued a 
                biometric transportation security card under subsection 
                (b) until the want or warrant is released or the 
                indictment is dismissed.
                    ``(D) Determination of arrest status.--
                            ``(i) In general.--If a fingerprint-based 
                        check discloses an arrest for a disqualifying 
                        crime listed in this section without indicating 
                        a disposition, the Transportation Security 
                        Administration shall notify the applicant of 
                        such disclosure and provide the applicant with 
                        instructions on how the applicant can clear the 
                        disposition, in accordance with clause (ii).
                            ``(ii) Burden of proof.--In order to clear 
                        a disposition under this subparagraph, an 
                        applicant shall submit written proof to the 
                        Transportation Security Administration, not 
                        later than 60 days after receiving notification 
                        under clause (i), that the arrest did not 
                        result in conviction for the disqualifying 
                        criminal offense.
                            ``(iii) Notification of disqualification.--
                        If the Transportation Security Administration 
                        does not receive proof in accordance with the 
                        Transportation Security Administration's 
                        procedures for waiver of criminal offenses and 
                        appeals, the Transportation Security 
                        Administration shall notify--
                                    ``(I) the applicant that he or she 
                                is disqualified from being issued a 
                                biometric transportation security card 
                                under subsection (b);
                                    ``(II) the State that the applicant 
                                is disqualified, in the case of a 
                                hazardous materials endorsement; and
                                    ``(III) the Coast Guard that the 
                                applicant is disqualified, if the 
                                applicant is a mariner.
                    ``(E) Other potential disqualifications.--Except as 
                provided under subparagraphs (A) through (C), an 
                individual may not be denied a transportation security 
                card under subsection (b) unless the Secretary 
                determines that individual--
                            ``(i) has been convicted within the 
                        preceding 7-year period of a felony or found 
                        not guilty by reason of insanity of a felony--
                                    ``(I) that the Secretary believes 
                                could cause the individual to be a 
                                terrorism security risk to the United 
                                States; or
                                    ``(II) for causing a severe 
                                transportation security incident;
                            ``(ii) has been released from incarceration 
                        within the preceding 5-year period for 
                        committing a felony described in clause (i);
                            ``(iii) may be denied admission to the 
                        United States or removed from the United States 
                        under the Immigration and Nationality Act (8 
                        U.S.C. 1101 et seq.); or
                            ``(iv) otherwise poses a terrorism security 
                        risk to the United States.
                    ``(F) Modification of listed offenses.--The 
                Secretary may, by rulemaking, add or modify the 
                offenses described in paragraph (1)(A) or (B).''.
    (b) Conforming Amendment.--Section 70101 of title 49, United States 
Code, is amended--
            (1) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7); and
            (2) by inserting after paragraph (1) the following:
            ``(2) The term `economic disruption' does not include a 
        work stoppage or other employee-related action not related to 
        terrorism and resulting from an employer-employee dispute.''.

SEC. 1455. PROHIBITION OF ISSUANCE OF TRANSPORTATION SECURITY CARDS TO 
              CONVICTED FELONS.

    (a) In General.--Section 70105 of title 46, United States Code, is 
amended--
            (1) in subsection (b)(1), by striking ``decides that the 
        individual poses a security risk under subsection (c)'' and 
        inserting ``determines under subsection (c) that the individual 
        poses a security risk''; and
            (2) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) Disqualifications.--
                    ``(A) Permanent disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual 
                is permanently disqualified from being issued a 
                biometric transportation security card under subsection 
                (b) if the individual has been convicted, or found not 
                guilty by reason of insanity, in a civilian or military 
                jurisdiction of any of the following felonies:
                            ``(i) Espionage or conspiracy to commit 
                        espionage.
                            ``(ii) Sedition or conspiracy to commit 
                        sedition.
                            ``(iii) Treason or conspiracy to commit 
                        treason.
                            ``(iv) A Federal crime of terrorism (as 
                        defined in section 2332b(g) of title 18), a 
                        comparable State law, or conspiracy to commit 
                        such crime.
                            ``(v) A crime involving a transportation 
                        security incident.
                            ``(vi) Improper transportation of a 
                        hazardous material under section 5124 of title 
                        49, or a comparable State law.
                            ``(vii) Unlawful possession, use, sale, 
                        distribution, manufacture, purchase, receipt, 
                        transfer, shipping, transporting, import, 
                        export, storage of, or dealing in an explosive 
                        or explosive device. In this clause, an 
                        explosive or explosive device includes--
                                    ``(I) an explosive (as defined in 
                                sections 232(5) and 844(j) of title 
                                18);
                                    ``(II) explosive materials (as 
                                defined in subsections (c) through (f) 
                                of section 841 of title 18); and
                                    ``(III) a destructive device (as 
                                defined in 921(a)(4) of title 18 and 
                                section 5845(f) of the Internal Revenue 
                                Code of 1986).
                            ``(viii) Murder.
                            ``(ix) Making any threat, or maliciously 
                        conveying false information knowing the same to 
                        be false, concerning the deliverance, 
                        placement, or detonation of an explosive or 
                        other lethal device in or against a place of 
                        public use, a State or other government 
                        facility, a public transportation system, or an 
                        infrastructure facility.
                            ``(x) A violation of the Racketeer 
                        Influenced and Corrupt Organizations Act (18 
                        U.S.C. 1961 et seq.), or a comparable State 
                        law, if 1 of the predicate acts found by a jury 
                        or admitted by the defendant consists of 1 of 
                        the crimes listed in this subparagraph.
                            ``(xi) Attempt to commit any of the crimes 
                        listed in clauses (i) through (iv).
                            ``(xii) Conspiracy or attempt to commit any 
                        of the crimes described in clauses (v) through 
                        (x).
                    ``(B) Interim disqualifying criminal offenses.--
                Except as provided under paragraph (2), an individual 
                is disqualified from being issued a biometric 
                transportation security card under subsection (b) if 
                the individual has been convicted, or found not guilty 
                by reason of insanity, during the 7-year period ending 
                on the date on which the individual applies for such 
                card, or was released from incarceration during the 5-
                year period ending on the date on which the individual 
                applies for such card, of any of the following 
                felonies:
                            ``(i) Unlawful possession, use, sale, 
                        manufacture, purchase, distribution, receipt, 
                        transfer, shipping, transporting, delivery, 
                        import, export of, or dealing in a firearm or 
                        other weapon. In this clause, a firearm or 
                        other weapon includes--
                                    ``(I) firearms (as defined in 
                                section 921(a)(3) of title 18 and 
                                section 5845(a) of the Internal Revenue 
                                Code of 1986); and
                                    ``(II) items contained on the 
                                United States Munitions Import List 
                                under section 447.21 of title 27, Code 
                                of Federal Regulations.
                            ``(ii) Extortion.
                            ``(iii) Dishonesty, fraud, or 
                        misrepresentation, including identity fraud and 
                        money laundering if the money laundering is 
                        related to a crime described in this 
                        subparagraph or subparagraph (A). In this 
                        clause, welfare fraud and passing bad checks do 
                        not constitute dishonesty, fraud, or 
                        misrepresentation.
                            ``(iv) Bribery.
                            ``(v) Smuggling.
                            ``(vi) Immigration violations.
                            ``(vii) Distribution of, possession with 
                        intent to distribute, or importation of a 
                        controlled substance.
                            ``(viii) Arson.
                            ``(ix) Kidnapping or hostage taking.
                            ``(x) Rape or aggravated sexual abuse.
                            ``(xi) Assault with intent to kill.
                            ``(xii) Robbery.
                            ``(xiii) Conspiracy or attempt to commit 
                        any of the crimes listed in this subparagraph.
                            ``(xiv) Fraudulent entry into a seaport 
                        under section 1036 of title 18, or a comparable 
                        State law.
                            ``(xv) A violation of the Racketeer 
                        Influenced and Corrupt Organizations Act (18 
                        U.S.C. 1961 et seq.) or a comparable State law, 
                        other than any of the violations listed in 
                        subparagraph (A)(x).
                    ``(C) Under want warrant, or indictment.--An 
                applicant who is wanted, or under indictment, in any 
                civilian or military jurisdiction for a felony listed 
                in this paragraph, is disqualified from being issued a 
                biometric transportation security card under subsection 
                (b) until the want or warrant is released or the 
                indictment is dismissed.
                    ``(D) Determination of arrest status.--
                            ``(i) In general.--If a fingerprint-based 
                        check discloses an arrest for a disqualifying 
                        crime listed in this section without indicating 
                        a disposition, the Transportation Security 
                        Administration shall notify the applicant of 
                        such disclosure and provide the applicant with 
                        instructions on how the applicant can clear the 
                        disposition, in accordance with clause (ii).
                            ``(ii) Burden of proof.--In order to clear 
                        a disposition under this subparagraph, an 
                        applicant shall submit written proof to the 
                        Transportation Security Administration, not 
                        later than 60 days after receiving notification 
                        under clause (i), that the arrest did not 
                        result in conviction for the disqualifying 
                        criminal offense.
                            ``(iii) Notification of disqualification.--
                        If the Transportation Security Administration 
                        does not receive proof in accordance with the 
                        Transportation Security Administration's 
                        procedures for waiver of criminal offenses and 
                        appeals, the Transportation Security 
                        Administration shall notify--
                                    ``(I) the applicant that he or she 
                                is disqualified from being issued a 
                                biometric transportation security card 
                                under subsection (b);
                                    ``(II) the State that the applicant 
                                is disqualified, in the case of a 
                                hazardous materials endorsement; and
                                    ``(III) the Coast Guard that the 
                                applicant is disqualified, if the 
                                applicant is a mariner.
                    ``(E) Other potential disqualifications.--Except as 
                provided under subparagraphs (A) through (C), an 
                individual may not be denied a transportation security 
                card under subsection (b) unless the Secretary 
                determines that individual--
                            ``(i) has been convicted within the 
                        preceding 7-year period of a felony or found 
                        not guilty by reason of insanity of a felony--
                                    ``(I) that the Secretary believes 
                                could cause the individual to be a 
                                terrorism security risk to the United 
                                States; or
                                    ``(II) for causing a severe 
                                transportation security incident;
                            ``(ii) has been released from incarceration 
                        within the preceding 5-year period for 
                        committing a felony described in clause (i);
                            ``(iii) may be denied admission to the 
                        United States or removed from the United States 
                        under the Immigration and Nationality Act (8 
                        U.S.C. 1101 et seq.); or
                            ``(iv) otherwise poses a terrorism security 
                        risk to the United States.
                    ``(F) Modification of listed offenses.--The 
                Secretary may, by rulemaking, add to the offenses 
                described in paragraph (1)(A) or (B).''.
    (b) Conforming Amendment.--Section 70101 of title 49, United States 
Code, is amended--
            (1) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7); and
            (2) by inserting after paragraph (1) the following:
            ``(2) The term `economic disruption' does not include a 
        work stoppage or other employee-related action not related to 
        terrorism and resulting from an employer-employee dispute.''.

               Subtitle B--Aviation Security Improvement

SEC. 1461. EXTENSION OF AUTHORIZATION FOR AVIATION SECURITY FUNDING.

    Section 48301(a) of title 49, United States Code, is amended by 
striking ``and 2006'' and inserting ``2006, 2007, 2008, and 2009''.

SEC. 1462. PASSENGER AIRCRAFT CARGO SCREENING.

    (a) In General.--Section 44901 of title 49, United States Code, is 
amended--
            (1) by redesignating subsections (g) and (h) as subsections 
        (h) and (i), respectively; and
            (2) by inserting after subsection (f) the following:
    ``(g) Air Cargo on Passenger Aircraft.--
            ``(1) In general.--Not later than 3 years after the date of 
        enactment of the Transportation Security and Interoperable 
        Communication Capabilities Act, the Secretary of Homeland 
        Security, acting through the Administrator of the 
        Transportation Security Administration, shall establish a 
        system to screen all cargo transported on passenger aircraft 
        operated by an air carrier or foreign air carrier in air 
        transportation or intrastate air transportation to ensure the 
        security of all such passenger aircraft carrying cargo.
            ``(2) Minimum standards.--The system referred to in 
        paragraph (1) shall require, at a minimum, that the equipment, 
        technology, procedures, personnel, or other methods determined 
        by the Administrator of the Transportation Security 
        Administration, provide a level of security comparable to the 
        level of security in effect for passenger checked baggage.
            ``(3) Regulations.--
                    ``(A) Interim final rule.--The Secretary of 
                Homeland Security may issue an interim final rule as a 
                temporary regulation to implement this subsection 
                without regard to the provisions of chapter 5 of title 
                5.
                    ``(B) Final rule.--
                            ``(i) In general.--If the Secretary issues 
                        an interim final rule under subparagraph (A), 
                        the Secretary shall issue, not later than 1 
                        year after the effective date of the interim 
                        final rule, a final rule as a permanent 
                        regulation to implement this subsection in 
                        accordance with the provisions of chapter 5 of 
                        title 5.
                            ``(ii) Failure to act.--If the Secretary 
                        does not issue a final rule in accordance with 
                        clause (i) on or before the last day of the 1-
                        year period referred to in clause (i), the 
                        Secretary shall submit a report to the Congress 
                        explaining why the final rule was not timely 
                        issued and providing an estimate of the 
                        earliest date on which the final rule will be 
                        issued. The Secretary shall submit the first 
                        such report within 10 days after such last day 
                        and submit a report to the Congress containing 
                        updated information every 60 days thereafter 
                        until the final rule is issued.
                            ``(iii) Superseding of interim final 
                        rule.--The final rule issued in accordance with 
                        this subparagraph shall supersede the interim 
                        final rule issued under subparagraph (A).
            ``(4) Report.--Not later than 1 year after the date on 
        which the system required by paragraph (1) is established, the 
        Secretary shall transmit a report to Congress that details and 
        explains the system.''.
    (b) Assessment of Exemptions.--
            (1) TSA assessment of exemptions.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary of 
                Homeland Security, through the Administrator of the 
                Transportation Security Administration, shall submit a 
                report to Congress and to the Comptroller General 
                containing an assessment of each exemption granted 
                under section 44901(i) of title 49, United States Code, 
                for the screening required by section 44901(g)(1) of 
                that title for cargo transported on passenger aircraft 
                and an analysis to assess the risk of maintaining such 
                exemption. The Secretary may submit the report in both 
                classified and redacted formats if the Secretary 
                determines that such action is appropriate or 
                necessary.
                    (B) Contents.--The report shall include--
                            (i) the rationale for each exemption;
                            (ii) a statement of the percentage of cargo 
                        that is not screened as a result of each 
                        exemption;
                            (iii) the impact of each exemption on 
                        aviation security;
                            (iv) the projected impact on the flow of 
                        commerce of eliminating such exemption; and
                            (v) a statement of any plans, and the 
                        rationale, for maintaining, changing, or 
                        eliminating each exemption.
            (2) GAO assessment.--Not later than 120 days after the date 
        on which the report required under paragraph (1) is submitted, 
        the Comptroller General shall review the report and provide to 
        Congress an assessment of the methodology used for 
        determinations made by the Secretary for maintaining, changing, 
        or eliminating an exemption.

SEC. 1463. BLAST-RESISTANT CARGO CONTAINERS.

    Section 44901 of title 49, United States Code, as amended by 
section 1462, is amended by adding at the end the following:
    ``(j) Blast-Resistant Cargo Containers.--
            ``(1) In general.--Before January 1, 2008, the 
        Administrator of the Transportation Security Administration 
        shall--
                    ``(A) evaluate the results of the blast-resistant 
                cargo container pilot program instituted before the 
                date of enactment of the Transportation Security and 
                Interoperable Communication Capabilities Act;
                    ``(B) based on that evaluation, begin the 
                acquisition of a sufficient number of blast-resistant 
                cargo containers to meet the requirements of the 
                Transportation Security Administration's cargo security 
                program under subsection (g); and
                    ``(C) develop a system under which the 
                Administrator--
                            ``(i) will make such containers available 
                        for use by passenger aircraft operated by air 
                        carriers or foreign air carriers in air 
                        transportation or intrastate air transportation 
                        on a random or risk-assessment basis as 
                        determined by the Administrator, in sufficient 
                        number to enable the carriers to meet the 
                        requirements of the Administration's cargo 
                        security system; and
                            ``(ii) provide for the storage, 
                        maintenance, and distribution of such 
                        containers.
            ``(2) Distribution to air carriers.--Within 90 days after 
        the date on which the Administrator completes development of 
        the system required by paragraph (1)(C), the Administrator of 
        the Transportation Security Administration shall implement that 
        system and begin making blast-resistant cargo containers 
        available to such carriers as necessary.''.

SEC. 1464. PROTECTION OF AIR CARGO ON PASSENGER PLANES FROM EXPLOSIVES.

    (a) Technology Research and Pilot Projects.--
            (1) Research and development.--The Secretary of Homeland 
        Security shall expedite research and development for technology 
        that can disrupt or prevent an explosive device from being 
        introduced onto a passenger plane or from damaging a passenger 
        plane while in flight or on the ground. The research shall 
        include blast resistant cargo containers and other promising 
        technology and will be used in concert with implementation of 
        section 44901(j) of title 49, United States Code, as amended by 
        section 1463 of this title.
            (2) Pilot projects.--The Secretary, in conjunction with the 
        Secretary of Transportation, shall establish a grant program to 
        fund pilot projects--
                    (A) to deploy technologies described in paragraph 
                (1); and
                    (B) to test technology to expedite the recovery, 
                development, and analysis of information from aircraft 
                accidents to determine the cause of the accident, 
                including deployable flight deck and voice recorders 
                and remote location recording devices.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary of Homeland Security for fiscal year 2008 
such sums as may be necessary to carry out this section, such funds to 
remain available until expended.

SEC. 1465. IN-LINE BAGGAGE SCREENING.

    (a) Extension of Authorization.--Section 44923(i)(1) of title 49, 
United States Code, is amended by striking ``2007.'' and inserting 
``2007, and $450,000,000 for each of fiscal years 2008 and 2009.''.
    (b) Report.--Within 30 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall submit the report the 
Secretary was required by section 4019(d) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (49 U.S.C. 44901 note) to have 
submitted in conjunction with the submission of the budget for fiscal 
year 2006.

SEC. 1466. IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

    (a) In General.--Section 44923 of title 49, United States Code, is 
amended--
            (1) by striking ``may'' in subsection (a) and inserting 
        ``shall'';
            (2) by striking ``may'' in subsection (d)(1) and inserting 
        ``shall'';
            (3) by striking ``2007'' in subsection (h)(1) and inserting 
        ``2028'';
            (4) by striking paragraphs (2) and (3) of subsection (h) 
        and inserting the following:
            ``(2) Allocation.--Of the amount made available under 
        paragraph (1) for a fiscal year, not less than $200,000,000 
        shall be allocated to fulfill letters of intent issued under 
        subsection (d).
            ``(3) Discretionary grants.--Of the amount made available 
        under paragraph (1) for a fiscal year, up to $50,000,000 shall 
        be used to make discretionary grants, with priority given to 
        small hub airports and non-hub airports.''; and
            (5) by redesignating subsection (i) as subsection (j), and 
        inserting after subsection (h) the following:
    ``(i) Leveraged Funding.--For purposes of this section, a grant 
under subsection (a) to an airport sponsor to service an obligation 
issued by or on behalf of that sponsor to fund a project described in 
subsection (a) shall be considered to be a grant for that project.''.
    (b) Prioritization of Projects.--
            (1) In general.--The Administrator shall create a 
        prioritization schedule for airport security improvement 
        projects described in section 44923(b) of title 49, United 
        States Code, based on risk and other relevant factors, to be 
        funded under the grant program provided by that section. The 
        schedule shall include both hub airports (as defined in section 
        41731(a)(3) of title 49, United States Code) and nonhub 
        airports (as defined in section 41731(a)4) of title 49, United 
        States Code).
            (2) Airports that have commenced projects.--The schedule 
        shall include airports that have incurred eligible costs 
        associated with development of partial in-line baggage systems 
        before the date of enactment of this Act in reasonable 
        anticipation of receiving a grant under section 44923 of title 
        49, United States Code, in reimbursement of those costs but 
        that have not received such a grant.
            (3) Report.--Within 180 days after the date of enactment of 
        this Act, the Administrator shall provide a copy of the 
        prioritization schedule, a corresponding timeline, and a 
        description of the funding allocation under section 44923 of 
        title 49, United States Code, to the Senate Committee on 
        Commerce, Science, and Transportation and the House of 
        Representatives Committee on Homeland Security.

SEC. 1467. RESEARCH AND DEVELOPMENT OF AVIATION TRANSPORTATION SECURITY 
              TECHNOLOGY.

    Section 137(a) of the Aviation and Transportation Security Act (49 
U.S.C. 44912 note) is amended--
            (1) by striking ``2002 through 2006,'' and inserting ``2006 
        through 2009,'';
            (2) by striking ``aviation'' and inserting 
        ``transportation''; and
            (3) by striking ``2002 and 2003'' and inserting ``2006 
        through 2009''.

SEC. 1468. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

    (a) In General.--Notwithstanding any provision of law to the 
contrary, any statutory limitation on the number of employees in the 
Transportation Security Administration, before or after its transfer to 
the Department of Homeland Security from the Department of 
Transportation, does not apply after fiscal year 2007.
    (b) Aviation Security.--Notwithstanding any provision of law 
imposing a limitation on the recruiting or hiring of personnel into the 
Transportation Security Administration to a maximum number of permanent 
positions, the Secretary of Homeland Security shall recruit and hire 
such personnel into the Administration as may be necessary--
            (1) to provide appropriate levels of aviation security; and
            (2) to accomplish that goal in such a manner that the 
        average aviation security-related delay experienced by airline 
        passengers is reduced to a level of less than 10 minutes.

SEC. 1469. SPECIALIZED TRAINING.

    The Administrator of the Transportation Security Administration 
shall provide advanced training to transportation security officers for 
the development of specialized security skills, including behavior 
observation and analysis, explosives detection, and document 
examination, in order to enhance the effectiveness of layered 
transportation security measures.

SEC. 1470. EXPLOSIVE DETECTION AT PASSENGER SCREENING CHECKPOINTS.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Secretary of Homeland Security shall issue the strategic plan 
the Secretary was required by section 44925(a) of title 49, United 
States Code, to have issued within 90 days after the date of enactment 
of the Intelligence Reform and Terrorism Prevention Act of 2004.
    (b) Deployment.--Section 44925(b) of title 49, United States Code, 
is amended by adding at the end the following:
            ``(3) Full deployment.--The Secretary shall begin full 
        implementation of the strategic plan within 1 year after the 
        date of enactment of the Transportation Security and 
        Interoperable Communication Capabilities Act.''.

SEC. 1471. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED OR 
              PROHIBITED FROM BOARDING A FLIGHT.

    (a) In General.--Subtitle C of title IV of the Homeland Security 
Act of 2002 (6 U.S.C. 231 et seq.) is amended by adding at the end the 
following:

``SEC. 432. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY DELAYED 
              OR PROHIBITED FROM BOARDING A FLIGHT.

    ``(a) In General.--The Secretary shall establish a timely and fair 
process for individuals who believe they have been delayed or 
prohibited from boarding a commercial aircraft because they were 
wrongly identified as a threat under the regimes utilized by the 
Transportation Security Administration, the Bureau of Customs and 
Border Protection, or any other Department entity.
    ``(b) Office of Appeals and Redress.--
            ``(1) Establishment.--The Secretary shall establish an 
        Office of Appeals and Redress to implement, coordinate, and 
        execute the process established by the Secretary pursuant to 
        subsection (a). The Office shall include representatives from 
        the Transportation Security Administration, U.S. Customs and 
        Border Protection, and other agencies or offices as 
        appropriate.
            ``(2) Records.--The process established by the Secretary 
        pursuant to subsection (a) shall include the establishment of a 
        method by which the Office of Appeals and Redress, under the 
        direction of the Secretary, will be able to maintain a record 
        of air carrier passengers and other individuals who have been 
        misidentified and have corrected erroneous information.
            ``(3) Information.--To prevent repeated delays of an 
        misidentified passenger or other individual, the Office of 
        Appeals and Redress shall--
                    ``(A) ensure that the records maintained under this 
                subsection contain information determined by the 
                Secretary to authenticate the identity of such a 
                passenger or individual;
                    ``(B) furnish to the Transportation Security 
                Administration, the Bureau of Customs and Border 
                Protection, or any other appropriate Department entity, 
                upon request, such information as may be necessary to 
                allow such agencies to assist air carriers in improving 
                their administration of the advanced passenger 
                prescreening system and reduce the number of false 
                positives; and
                    ``(C) require air carriers and foreign air carriers 
                take action to properly and automatically identify 
                passengers determined, under the process established 
                under subsection (a), to have been wrongly 
                identified.''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 431 the following:

``Sec. 432. Appeal and redress process for passengers wrongly delayed 
                            or prohibited from boarding a flight''.

SEC. 1472. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED PASSENGER 
              PRESCREENING SYSTEM.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, the Secretary of Homeland Security, in 
consultation with the Administrator of the Transportation Security 
Administration, shall submit to the Congress a plan that--
            (1) describes the system to be utilized by the Department 
        of Homeland Security to assume the performance of comparing 
        passenger information, as defined by the Administrator of the 
        Transportation Security Administration, to the automatic 
        selectee and no-fly lists, as well as the consolidated and 
        integrated terrorist watchlist maintained by the Federal 
        Government;
            (2) provides a projected timeline for each phase of testing 
        and implementation of the system;
            (3) explains how the system will be integrated with the 
        prescreening system for passengers on international flights; 
        and
            (4) describes how the system complies with section 552a of 
        title 5, United States Code.
    (b) GAO Assessment.--No later than 90 days after the date of 
enactment of this Act, the Comptroller General shall submit a report to 
the Senate Committee on Commerce, Science, and Transportation and the 
House Committee on Homeland Security that--
            (1) describes the progress made by the Transportation 
        Security Administration in implementing the Secure Flight 
        passenger pre-screening program;
            (2) describes the effectiveness of the current appeals 
        process for passengers wrongly assigned to the no-fly and 
        terrorist watch lists;
            (3) describes the Transportation Security Administration's 
        plan to protect private passenger information and progress made 
        in integrating the system with the pre-screening program for 
        international flights operated by the Bureau of Customs and 
        Border Protection;
            (4) provides a realistic determination of when the system 
        will be completed; and
            (5) includes any other relevant observations or 
        recommendations the Comptroller General deems appropriate.

SEC. 1473. REPAIR STATION SECURITY.

    (a) Certification of Foreign Repair Stations Suspension.--If the 
regulations required by section 44924(f) of title 49, United States 
Code, are not issued within 90 days after the date of enactment of this 
Act, the Administrator of the Federal Aviation Administration may not 
certify any foreign repair station under part 145 of title 14, Code of 
Federal Regulations, after such 90th day unless the station was 
previously certified by the Administration under that part.
    (b) 6-Month Deadline for Security Review and Audit.--Subsections 
(a) and (d) of section 44924 of title 49, United States Code, are each 
amended by striking ``18 months'' and inserting ``6 months''.

SEC. 1474. GENERAL AVIATION SECURITY.

    Section 44901 of title 49, United States Code, as amended by 
section 1463, is amended by adding at the end the following:
    ``(k) General Aviation Airport Security Program.--
            ``(1) In general.--Within 1 year after the date of 
        enactment of the Transportation Security and Interoperable 
        Communication Capabilities Act, the Administrator of the 
        Transportation Security Administration shall--
                    ``(A) develop a standardized threat and 
                vulnerability assessment program for general aviation 
                airports (as defined in section 47134(m)); and
                    ``(B) implement a program to perform such 
                assessments on a risk-assessment basis at general 
                aviation airports.
            ``(2) Grant program.--Within 6 months after date of 
        enactment of the Transportation Security and Interoperable 
        Communication Capabilities Act, the Administrator shall 
        initiate and complete a study of the feasibility of a program, 
        based on a risk-managed approach, to provide grants to general 
        aviation airport operators for projects to upgrade security at 
        general aviation airports (as defined in section 47134(m)). If 
        the Administrator determines that such a program is feasible, 
        the Administrator shall establish such a program.
            ``(3) Application to foreign-registered general aviation 
        aircraft.--Within 180 days after the date of enactment of the 
        Transportation Security and Interoperable Communication 
        Capabilities Act, the Administrator shall develop a risk-based 
        system under which--
                    ``(A) foreign-registered general aviation aircraft, 
                as identified by the Administrator, in coordination 
                with the Administrator of the Federal Aviation 
                Administration, are required to submit passenger 
                information at the same time as, and in conjunction 
                with, advance notification requirements for Customs and 
                Border Protection before entering United States 
                airspace; and
                    ``(B) such information is checked against 
                appropriate databases maintained by the Transportation 
                Security Administration.
            ``(4) Authorization of appropriations.--There are 
        authorized to be appropriated to the Secretary of Homeland 
        Security such sums as may be necessary to carry out any program 
        established under paragraph (2).''.

SEC. 1475. SECURITY CREDENTIALS FOR AIRLINE CREWS.

    Within 180 days after the date of enactment of this Act, the 
Administrator of the Transportation Security Administration shall, 
after consultation with airline, airport, and flight crew 
representatives, transmit a report to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Transportation and Infrastructure on the status of its efforts to 
institute a sterile area access system or method that will enhance 
security by properly identifying authorized airline flight deck and 
cabin crew members at screening checkpoints and granting them expedited 
access through screening checkpoints. The Administrator shall include 
in the report recommendations on the feasibility of implementing the 
system for the domestic aviation industry beginning 1 year after the 
date on which the report is submitted. The Administrator shall begin 
full implementation of the system or method not later than 1 year after 
the date on which the Administrator transmits the report.

SEC. 1476. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING CENTER.

    (a) In General.--
            (1) Increased training capacity.--Within 180 days after the 
        date of enactment of this Act, the Secretary of Homeland 
        Security shall begin to increase the capacity of the Department 
        of Homeland Security's National Explosives Detection Canine 
        Team Program at Lackland Air Force Base to accommodate the 
        training of up to 200 canine teams annually by the end of 
        calendar year 2008.
            (2) Expansion detailed requirements.--The expansion shall 
        include upgrading existing facilities, procurement of 
        additional canines, and increasing staffing and oversight 
        commensurate with the increased training and deployment 
        capabilities required by paragraph (1).
            (3) Ultimate expansion.--The Secretary shall continue to 
        increase the training capacity and all other necessary program 
        expansions so that by December 31, 2009, the number of canine 
        teams sufficient to meet the Secretary's homeland security 
        mission, as determined by the Secretary on an annual basis, may 
        be trained at this facility.
    (b) Alternative training centers.--Based on feasibility and to meet 
the ongoing demand for quality explosives detection canines teams, the 
Secretary shall explore the options of creating the following:
            (1) A standardized Transportation Security Administration 
        approved canine program that private sector entities could use 
        to provide training for additional explosives detection canine 
        teams. For any such program, the Secretary--
                    (A) may coordinate with key stakeholders, including 
                international, Federal, State, local, private sector 
                and academic entities, to develop best practice 
                guidelines for such a standardized program;
                    (B) shall require specific training criteria to 
                which private sector entities must adhere as a 
                condition of participating in the program; and
                    (C) shall review the status of these private sector 
                programs on at least an annual basis.
            (2) Expansion of explosives detection canine team training 
        to at least 2 additional national training centers, to be 
        modeled after the Center of Excellence established at Lackland 
        Air Force Base.
    (c) Deployment.--The Secretary--
            (1) shall use the additional explosives detection canine 
        teams as part of the Department's layers of enhanced mobile 
        security across the Nation's transportation network and to 
        support other homeland security programs, as deemed appropriate 
        by the Secretary; and
            (2) may make available explosives detection canine teams to 
        all modes of transportation, for areas of high risk or to 
        address specific threats, on an as-needed basis and as 
        otherwise deemed appropriate by the Secretary.

SEC. 1477. LAW ENFORCEMENT BIOMETRIC CREDENTIAL.

    (a) In General.--Paragraph (6) of section 44903(h) of title 49, 
United States Code, is amended to read as follows:
            ``(6) Use of biometric technology for armed law enforcement 
        travel.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Improving America's Security 
                Act of 2007, the Secretary of Homeland Security shall--
                            ``(i) consult with the Attorney General 
                        concerning implementation of this paragraph;
                            ``(ii) issue any necessary rulemaking to 
                        implement this paragraph; and
                            ``(iii) establishing a national registered 
                        armed law enforcement program for law 
                        enforcement officers needing to be armed when 
                        traveling by air.
                    ``(B) Program requirements.--The program shall--
                            ``(i) establish a credential or a system 
                        that incorporates biometric technology and 
                        other applicable technologies;
                            ``(ii) provide a flexible solution for law 
                        enforcement officers who need to be armed when 
                        traveling by air on a regular basis and for 
                        those who need to be armed during temporary 
                        travel assignments;
                            ``(iii) be coordinated with other uniform 
                        credentialing initiatives including the 
                        Homeland Security Presidential Directive 12;
                            ``(iv) be applicable for all Federal, 
                        State, local, tribal and territorial government 
                        law enforcement agencies; and
                            ``(v) establish a process by which the 
                        travel credential or system may be used to 
                        verify the identity, using biometric 
                        technology, of a Federal, State, local, tribal, 
                        or territorial law enforcement officer seeking 
                        to carry a weapon on board an aircraft, without 
                        unnecessarily disclosing to the public that the 
                        individual is a law enforcement officer.
                    ``(C) Procedures.--In establishing the program, the 
                Secretary shall develop procedures--
                            ``(i) to ensure that only Federal, State, 
                        local, tribal, and territorial government law 
                        enforcement officers with a specific need to be 
                        armed when traveling by air are issued a law 
                        enforcement travel credential;
                            ``(ii) to preserve the anonymity of the 
                        armed law enforcement officer without calling 
                        undue attention to the individual's identity;
                            ``(iii) to resolve failures to enroll, 
                        false matches, and false non-matches relating 
                        to use of the law enforcement travel credential 
                        or system; and
                            ``(iv) to invalidate any law enforcement 
                        travel credential or system that is lost, 
                        stolen, or no longer authorized for use.''.
    (b) Report.--Within 180 days after implementing the national 
registered armed law enforcement program required by section 
44903(h)(6) of title 49, United States Code, the Secretary of Homeland 
Security shall transmit a report to the Senate Committee on Commerce, 
Science, and Transportation. If the Secretary has not implemented the 
program within 180 days after the date of enactment of this Act, the 
Secretary shall issue a report to the Committee within 180 days 
explaining the reasons for the failure to implement the program within 
the time required by that section, and a further report within each 
successive 180-day period until the program is implemented explaining 
the reasons for such further delays in implementation until the program 
is implemented. The Secretary shall submit each report required by this 
subsection in classified format.

SEC. 1478. EMPLOYEE RETENTION INTERNSHIP PROGRAM.

    The Assistant Secretary of Homeland Security (Transportation 
Security Administration), shall establish a pilot program at a small 
hub airport, a medium hub airport, and a large hub airport (as those 
terms are defined in paragraphs (42), (31), and (29), respectively, of 
section 40102 of title 49, United States Code) for training students to 
perform screening of passengers and property under section 44901 of 
title 49, United States Code. The program shall be an internship for 
pre-employment training of final-year students from public and private 
secondary schools located in nearby communities. Under the program, 
participants shall perform only those security responsibilities 
determined to be appropriate for their age and in accordance with 
applicable law and shall be compensated for training and services time 
while participating in the program.

SEC. 1479. PILOT PROJECT TO REDUCE THE NUMBER OF TRANSPORTATION 
              SECURITY OFFICERS AT AIRPORT EXIT LANES.

    (a) In General.--The Administrator of the Transportation Security 
Administration (referred to in this section as the ``Administrator'') 
shall conduct a pilot program to identify technological solutions for 
reducing the number of Transportation Security Administration employees 
at airport exit lanes.
    (b) Program Components.--In conducting the pilot program under this 
section, the Administrator shall--
            (1) utilize different technologies that protect the 
        integrity of the airport exit lanes from unauthorized entry; 
        and
            (2) work with airport officials to deploy such technologies 
        in multiple configurations at a selected airport or airports at 
        which some of the exits are not co-located with a screening 
        checkpoint.
    (c) Reports.--
            (1) Initial briefing.--Not later than 180 days after the 
        enactment of this Act, the Administrator shall conduct a 
        briefing to the congressional committees set forth in paragraph 
        (3) that describes--
                    (A) the airports selected to participate in the 
                pilot program;
                    (B) the potential savings from implementing the 
                technologies at selected airport exits;
                    (C) the types of configurations expected to be 
                deployed at such airports; and
                    (D) the expected financial contribution from each 
                airport.
            (2) Final report.--Not later than 1 year after the 
        technologies are deployed at the airports participating in the 
        pilot program, the Administrator shall submit a final report to 
        the congressional committees described in paragraph (3) that 
        describes--
                    (A) the security measures deployed;
                    (B) the projected cost savings; and
                    (C) the efficacy of the program and its 
                applicability to other airports in the United States.
            (3) Congressional committees.--The reports required under 
        this subsection shall be submitted to--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Homeland Security of the House 
                of Representatives; and
                    (E) the Committee on Appropriations of the House of 
                Representatives.
    (d) Use of Existing Funds.--Provisions contained within this 
section will be executed using existing funds.

           Subtitle C--Interoperable Emergency Communications

SEC. 1481. INTEROPERABLE EMERGENCY COMMUNICATIONS.

    (a) In General.--Section 3006 of Public Law 109-171 (47 U.S.C. 309 
note) is amended--
            (1) by striking paragraphs (1) and (2) of subsection (a) 
        and inserting the following:
            ``(1) may take such administrative action as is necessary 
        to establish and implement a grant program to assist public 
        safety agencies--
                    ``(A) in conducting statewide or regional planning 
                and coordination to improve the interoperability of 
                emergency communications;
                    ``(B) in supporting the design and engineering of 
                interoperable emergency communications systems;
                    ``(C) in supporting the acquisition or deployment 
                of interoperable communications equipment, software, or 
                systems that improve or advance the interoperability 
                with public safety communications systems;
                    ``(D) in obtaining technical assistance and 
                conducting training exercises related to the use of 
                interoperable emergency communications equipment and 
                systems; and
                    ``(E) in establishing and implementing a strategic 
                technology reserve to pre-position or secure 
                interoperable communications in advance for immediate 
                deployment in an emergency or major disaster (as 
                defined in section 102(2) of Public Law 93-288 (42 
                U.S.C. 5122)); and
            ``(2) shall make payments of not to exceed $1,000,000,000, 
        in the aggregate, through fiscal year 2010 from the Digital 
        Television Transition and Public Safety Fund established under 
        section 309(j)(8)(E) of the Communications Act of 1934 (47 
        U.S.C. 309(j)(8)(E)) to carry out the grant program established 
        under paragraph (1), of which not more than $100,000,000, in 
        the aggregate, may be allocated for grants under paragraph 
        (1)(E).'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (l), (m), and (n), respectively, and inserting 
        after subsection (a) the following:
    ``(b) Expedited Implementation.--Pursuant to section 4 of the Call 
Home Act of 2006, no less than $1,000,000,000 shall be awarded for 
grants under subsection (a) no later than September 30, 2007, subject 
to the receipt of qualified applications as determined by the Assistant 
Secretary.
    ``(c) Allocation of Funds.--In awarding grants under subparagraphs 
(A) through (D) of subsection (a)(1), the Assistant Secretary shall 
ensure that grant awards--
            ``(1) result in distributions to public safety entities 
        among the several States that are consistent with section 
        1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)); and
            ``(2) are prioritized based upon threat and risk factors 
        that reflect an all-hazards approach to communications 
        preparedness and that takes into account the risks associated 
        with, and the likelihood of the occurrence of, terrorist 
        attacks or natural catastrophes (including, but not limited to, 
        hurricanes, tornados, storms, high water, winddriven water, 
        tidal waves, tsunami, earthquakes, volcanic eruptions, 
        landslides, mudslides, snow and ice storms, forest fires, or 
        droughts) in a State.
    ``(d) Eligibility.--To be eligible for assistance under the grant 
program established under subsection (a), an applicant shall submit an 
application, at such time, in such form, and containing such 
information as the Assistant Secretary may require, including--
            ``(1) a detailed explanation of how assistance received 
        under the program would be used to improve regional, State, or 
        local communications interoperability and ensure 
        interoperability with other appropriate public safety agencies 
        in an emergency or a major disaster; and
            ``(2) assurance that the equipment and system would--
                    ``(A) be compatible with the communications 
                architecture developed under section 7303(a)(1)(E) of 
                the Intelligence Reform and Terrorism Prevention Act of 
                2004 (6 U.S.C. 194(a)(1)(E));
                    ``(B) meet any voluntary consensus standards 
                developed under section 7303(a)(1)(D) of that Act (6 
                U.S.C. 194(a)(1)(D)) to the extent that such standards 
                exist for a given category of equipment; and
                    ``(C) be consistent with the common grant guidance 
                established under section 7303(a)(1)(H) of that Act (6 
                U.S.C. 194(a)(1)(H)).
    ``(e) Criteria for Certain Grants.--In awarding grants under 
subparagraphs (A) through (D) of subsection (a)(1), the Assistant 
Secretary shall ensure that all grants funded are consistent with 
Federal grant guidance established by the SAFECOM Program within the 
Department of Homeland Security.
    ``(f) Criteria for Strategic Technology Reserve Grants.--
            ``(1) In general.--In awarding grants under subsection 
        (a)(1)(E), the Assistant Secretary shall consider the 
        continuing technological evolution of communications 
        technologies and devices, with its implicit risk of 
        obsolescence, and shall ensure, to the maximum extent feasible, 
        that a substantial part of the reserve involves prenegotiated 
        contracts and other arrangements for rapid deployment of 
        equipment, supplies, and systems (and communications service 
        related to such equipment, supplies, and systems), rather than 
        the warehousing or storage of equipment and supplies currently 
        available at the time the reserve is established.
            ``(2) Requirements and characteristics.--A reserve 
        established under paragraph (1) shall--
                    ``(A) be capable of re-establishing communications 
                when existing infrastructure is damaged or destroyed in 
                an emergency or a major disaster;
                    ``(B) include appropriate current, widely-used 
                equipment, such as Land Mobile Radio Systems, cellular 
                telephones and satellite-enabled equipment (and related 
                communications service), Cells-On-Wheels, Cells-On-
                Light-Trucks, or other self-contained mobile cell sites 
                that can be towed, backup batteries, generators, fuel, 
                and computers;
                    ``(C) include equipment on hand for the Governor of 
                each State, key emergency response officials, and 
                appropriate State or local personnel;
                    ``(D) include contracts (including prenegotiated 
                contracts) for rapid delivery of the most current 
                technology available from commercial sources; and
                    ``(E) include arrangements for training to ensure 
                that personnel are familiar with the operation of the 
                equipment and devices to be delivered pursuant to such 
                contracts.
            ``(3) Additional characteristics.--Portions of the reserve 
        may be virtual and may include items donated on an in-kind 
        contribution basis.
            ``(4) Consultation.--In developing the reserve, the 
        Assistant Secretary shall seek advice from the Secretary of 
        Defense and the Secretary of Homeland Security, as well as 
        national public safety organizations, emergency managers, 
        State, local, and tribal governments, and commercial providers 
        of such systems and equipment.
            ``(5) Allocation and use of funds.--The Assistant Secretary 
        shall allocate--
                    ``(A) a portion of the reserve's funds for block 
                grants to States to enable each State to establish a 
                strategic technology reserve within its borders in a 
                secure location to allow immediate deployment; and
                    ``(B) a portion of the reserve's funds for regional 
                Federal strategic technology reserves to facilitate any 
                Federal response when necessary, to be held in each of 
                the Federal Emergency Management Agency's regional 
                offices, including Boston, Massachusetts (Region 1), 
                New York, New York (Region 2), Philadelphia, 
                Pennsylvania (Region 3), Atlanta, Georgia (Region 4), 
                Chicago, Illinois (Region 5), Denton, Texas (Region 6), 
                Kansas City, Missouri (Region 7), Denver, Colorado 
                (Region 8), Oakland, California (Region 9), Bothell, 
                Washington (Region 10), and each of the noncontiguous 
                States for immediate deployment.
    ``(g) Voluntary Consensus Standards.--In carrying out this section, 
the Assistant Secretary, in cooperation with the Secretary of Homeland 
Security shall identify and, if necessary, encourage the development 
and implementation of, voluntary consensus standards for interoperable 
communications systems to the greatest extent practicable, but shall 
not require any such standard.
    ``(h) Use of Economy Act.--In implementing the grant program 
established under subsection (a)(1), the Assistant Secretary may seek 
assistance from other Federal agencies in accordance with section 1535 
of title 31, United States Code.
    ``(i) Inspector General Report.--Beginning with the first fiscal 
year beginning after the date of enactment of the Transportation 
Security and Interoperable Communication Capabilities Act, the 
Inspector General of the Department of Commerce shall conduct an annual 
assessment of the management of the grant program implemented under 
subsection (a)(1) and transmit a report containing the findings of that 
assessment and any recommendations related thereto to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce.
    ``(j) Deadline for Implementation Program Rules.--Within 90 days 
after the date of enactment of the Transportation Security and 
Interoperable Communication Capabilities Act, the Assistant Secretary, 
in consultation with the Secretary of Homeland Security and the Federal 
Communications Commission, shall promulgate final program rules for the 
implementation of this section.
    ``(k) Rule of Construction.--Nothing in this section shall be 
construed or interpreted to preclude the use of funds under this 
section by any public safety agency for interim or long-term Internet 
Protocol-based interoperable solutions, notwithstanding compliance with 
the Project 25 standard.''; and
            (3) by striking paragraph (3) of subsection (n), as so 
        redesignated.
    (b) FCC Report on Emergency Communications Back-up System.--
            (1) In general.--Not later than 1 year after the date of 
        enactment of this Act, the Federal Communications Commission, 
        in coordination with the Assistant Secretary of Commerce for 
        Communications and Information and the Secretary of Homeland 
        Security, shall evaluate the technical feasibility of creating 
        a back-up emergency communications system that complements 
        existing communications resources and takes into account next 
        generation and advanced telecommunications technologies. The 
        overriding objective for the evaluation shall be providing a 
        framework for the development of a resilient interoperable 
        communications system for emergency responders in an emergency. 
        The Commission shall evaluate all reasonable options, including 
        satellites, wireless, and terrestrial-based communications 
        systems and other alternative transport mechanisms that can be 
        used in tandem with existing technologies.
            (2) Factors to be evaluated.--The evaluation under 
        paragraph (1) shall include--
                    (A) a survey of all Federal agencies that use 
                terrestrial or satellite technology for communications 
                security and an evaluation of the feasibility of using 
                existing systems for the purpose of creating such an 
                emergency back-up public safety communications system;
                    (B) the feasibility of using private satellite, 
                wireless, or terrestrial networks for emergency 
                communications;
                    (C) the technical options, cost, and deployment 
                methods of software, equipment, handsets or desktop 
                communications devices for public safety entities in 
                major urban areas, and nationwide; and
                    (D) the feasibility and cost of necessary changes 
                to the network operations center of terrestrial-based 
                or satellite systems to enable the centers to serve as 
                emergency back-up communications systems.
            (3) Report.--Upon the completion of the evaluation under 
        subsection (a), the Commission shall submit a report to 
        Congress that details the findings of the evaluation, including 
        a full inventory of existing public and private resources most 
        efficiently capable of providing emergency communications.
    (c) Joint Advisory Committee on Communications Capabilities of 
Emergency Medical Care Facilities.--
            (1) Establishment.--The Assistant Secretary of Commerce for 
        Communications and Information and the Chairman of Federal 
        Communications Commission, in consultation with the Secretary 
        of Homeland Security and the Secretary of Health and Human 
        Services, shall establish a joint advisory committee to examine 
        the communications capabilities and needs of emergency medical 
        care facilities. The joint advisory committee shall be composed 
        of individuals with expertise in communications technologies 
        and emergency medical care, including representatives of 
        Federal, State and local governments, industry and non-profit 
        health organizations, and academia and educational 
        institutions.
            (2) Duties.--The joint advisory committee shall--
                    (A) assess specific communications capabilities and 
                needs of emergency medical care facilities, including 
                the including improvement of basic voice, data, and 
                broadband capabilities;
                    (B) assess options to accommodate growth of basic 
                and emerging communications services used by emergency 
                medical care facilities;
                    (C) assess options to improve integration of 
                communications systems used by emergency medical care 
                facilities with existing or future emergency 
                communications networks; and
                    (D) report its findings to the Senate Committee on 
                Commerce, Science, and Transportation and the House of 
                Representatives Committee on Energy and Commerce, 
                within 6 months after the date of enactment of this 
                Act.
    (d) Authorization of Emergency Medical Communications Pilot 
Projects.--
            (1) In general.--The Assistant Secretary of Commerce for 
        Communications and Information may establish not more than 10 
        geographically dispersed project grants to emergency medical 
        care facilities to improve the capabilities of emergency 
        communications systems in emergency medical care facilities.
            (2) Maximum amount.--The Assistant Secretary may not 
        provide more than $2,000,000 in Federal assistance under the 
        pilot program to any applicant.
            (3) Cost sharing.--The Assistant Secretary may not provide 
        more than 50 percent of the cost, incurred during the period of 
        the grant, of any project under the pilot program.
            (4) Maximum period of grants.--The Assistant Secretary may 
        not fund any applicant under the pilot program for more than 3 
        years.
            (5) Deployment and distribution.--The Assistant Secretary 
        shall seek to the maximum extent practicable to ensure a broad 
        geographic distribution of project sites.
            (6) Transfer of information and knowledge.--The Assistant 
        Secretary shall establish mechanisms to ensure that the 
        information and knowledge gained by participants in the pilot 
        program are transferred among the pilot program participants 
        and to other interested parties, including other applicants 
        that submitted applications.

SEC. 1482. RULE OF CONSTRUCTION.

    (a) In General.--Title VI of the Post-Katrina Emergency Management 
Reform Act of 2006 (Public Law 109-295) is amended by adding at the end 
the following:

``SEC. 699B. RULE OF CONSTRUCTION.

    ``Nothing in this title, including the amendments made by this 
title, may be construed to reduce or otherwise limit the authority of 
the Department of Commerce or the Federal Communications Commission.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect as though enacted as part of the Department of Homeland Security 
Appropriations Act, 2007.

SEC. 1483. CROSS BORDER INTEROPERABILITY REPORTS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Federal Communications Commission, in conjunction with 
the Department of Homeland Security, the Office of Management of 
Budget, and the Department of State shall report to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce on--
            (1) the status of the mechanism established by the 
        President under section 7303(c) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 194(c)) for 
        coordinating cross border interoperability issues between--
                    (A) the United States and Canada; and
                    (B) the United States and Mexico;
            (2) the status of treaty negotiations with Canada and 
        Mexico regarding the coordination of the re-banding of 800 
        megahertz radios, as required under the final rule of the 
        Federal Communication Commission in the ``Private Land Mobile 
        Services; 800 MHz Public Safety Interface Proceeding'' (WT 
        Docket No. 02-55; ET Docket No. 00-258; ET Docket No. 95-18, 
        RM-9498; RM-10024; FCC 04-168,) including the status of any 
        outstanding issues in the negotiations between--
                    (A) the United States and Canada; and
                    (B) the United States and Mexico;
            (3) communications between the Commission and the 
        Department of State over possible amendments to the bilateral 
        legal agreements and protocols that govern the coordination 
        process for license applications seeking to use channels and 
        frequencies above Line A;
            (4) the annual rejection rate for the last 5 years by the 
        United States of applications for new channels and frequencies 
        by Canadian private and public entities; and
            (5) any additional procedures and mechanisms that can be 
        taken by the Commission to decrease the rejection rate for 
        applications by United States private and public entities 
        seeking licenses to use channels and frequencies above Line A.
    (b) Updated Reports to Be Filed on the Status of Treaty of 
Negotiations.--The Federal Communications Commission, in conjunction 
with the Department of Homeland Security, the Office of Management of 
Budget, and the Department of State shall continually provide updated 
reports to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Energy and Commerce of the House of 
Representatives on the status of treaty negotiations under subsection 
(a)(2) until the appropriate United States treaty has been revised with 
each of--
            (1) Canada; and
            (2) Mexico.
    (c) International Negotiations To Remedy Situation.--Not later than 
90 days after the date of enactment of this Act, the Secretary of the 
Department of State shall report to Congress on--
            (1) the current process for considering applications by 
        Canada for frequencies and channels by United States 
        communities above Line A;
            (2) the status of current negotiations to reform and revise 
        such process;
            (3) the estimated date of conclusion for such negotiations;
            (4) whether the current process allows for automatic 
        denials or dismissals of initial applications by the Government 
        of Canada, and whether such denials or dismissals are currently 
        occurring; and
            (5) communications between the Department of State and the 
        Federal Communications Commission pursuant to subsection 
        (a)(3).

SEC. 1484. EXTENSION OF SHORT QUORUM.

    Notwithstanding section 4(d) of the Consumer Product Safety Act (15 
U.S.C. 2053(d)), 2 members of the Consumer Product Safety Commission, 
if they are not affiliated with the same political party, shall 
constitute a quorum for the 6-month period beginning on the date of 
enactment of this Act.

SEC. 1485. REQUIRING REPORTS TO BE SUBMITTED TO CERTAIN COMMITTEES.

    (a) Senate Commerce, Science, and Transportation Committee.--The 
Committee on Commerce, Science, and Transportation of the Senate shall 
receive the reports required by the following provisions of law in the 
same manner and to the same extent that the reports are to be received 
by the Committee on Homeland Security and Governmental Affairs of the 
Senate:
            (1) Section 1016(j)(1) of the Intelligence Reform and 
        Terrorist Prevention Act of 2004 (6 U.S.C. 485(j)(1)).
            (2) Section 121(c) of this Act.
            (3) Section 2002(d)(3) of the Homeland Security Act of 
        2002, as added by section 202 of this Act.
            (4) Subsections (a) and (b)(5) of section 2009 of the 
        Homeland Security Act of 2002, as added by section 202 of this 
        Act.
            (5) Section 302(d) of this Act.
            (6) Section 7215(d) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (6 U.S.C. 123(d)).
            (7) Section 7209(b)(1)(C) of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note).
            (8) Section 604(c) of this Act.
            (9) Section 806 of this Act.
            (10) Section 903(d) of this Act.
            (11) Section 510(a)(7) of the Homeland Security Act of 2002 
        (6 U.S.C. 320(a)(7)).
            (12) Section 510(b)(7) of the Homeland Security Act of 2002 
        (6 U.S.C. 320(b)(7)).
            (13) Section 1102(b) of this Act.
    (b) Senate Committee on Homeland Security and Governmental 
Affairs.--The Committee on Homeland Security and Governmental Affairs 
of the Senate shall receive the reports required by the following 
provisions of law in the same manner and to the same extent that the 
reports are to be received by the Committee on Commerce, Science, and 
Transportation of the Senate:
            (1) Section 1421(c) of this Act.
            (2) Section 1423(f)(3)(A) of this Act.
            (3) Section 1428 of this Act.
            (4) Section 1429(d) of this Act.
            (5) Section 114(v)(4)(A)(i) of title 49, United States 
        Code.
            (6) Section 1441(a)(7) of this Act.
            (7) Section 1441(b)(2) of this Act.
            (8) Section 1445 of this Act.
            (9) Section 1446(f) of this Act.
            (10) Section 1447(f)(1) of this Act.
            (11) Section 1448(d)(1) of this Act.
            (12) Section 1466(b)(3) of this Act.
            (13) Section 1472(b) of this Act.
            (14) Section 1475 of this Act.
            (15) Section 3006(i) of the Digital Television Transition 
        and Public Safety Act of 2005 (47 U.S.C. 309 note).
            (16) Section 1481(c) of this Act.
            (17) Subsections (a) and (b) of section 1483 of this Act.

          TITLE XV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

SEC. 1501. SHORT TITLE.

    This title may be cited as the ``Public Transportation Terrorism 
Prevention Act of 2007''.

SEC. 1502. FINDINGS.

    Congress finds that--
            (1) 182 public transportation systems throughout the world 
        have been primary target of terrorist attacks;
            (2) more than 6,000 public transportation agencies operate 
        in the United States;
            (3) people use public transportation vehicles 33,000,000 
        times each day;
            (4) the Federal Transit Administration has invested 
        $84,800,000,000 since 1992 for construction and improvements;
            (5) the Federal Government appropriately invested nearly 
        $24,000,000,000 in fiscal years 2002 through 2006 to protect 
        our Nation's aviation system;
            (6) the Federal Government has allocated $386,000,000 in 
        fiscal years 2003 through 2006 to protect public transportation 
        systems in the United States; and
            (7) the Federal Government has invested $7.53 in aviation 
        security improvements per passenger boarding, but only $0.008 
        in public transportation security improvements per passenger 
        boarding.

SEC. 1503. SECURITY ASSESSMENTS.

    (a) Public Transportation Security Assessments.--
            (1) Submission.--Not later than 30 days after the date of 
        the enactment of this Act, the Federal Transit Administration 
        of the Department of Transportation shall submit all public 
        transportation security assessments and all other relevant 
        information to the Secretary.
            (2) Review.--Not later than July 31, 2007, the Secretary 
        shall review and augment the security assessments received 
        under paragraph (1).
            (3) Allocations.--The Secretary shall use the security 
        assessments received under paragraph (1) as the basis for 
        allocating grant funds under section 1504, unless the Secretary 
        notifies the Committee on Banking, Housing, and Urban Affairs 
        of the Senate that the Secretary has determined an adjustment 
        is necessary to respond to an urgent threat or other 
        significant factors.
            (4) Security improvement priorities.--Not later than 
        September 30, 2007, the Secretary, after consultation with the 
        management and employee representatives of each public 
        transportation system for which a security assessment has been 
        received under paragraph (1) and with appropriate State and 
        local officials, shall establish security improvement 
        priorities that will be used by public transportation agencies 
        for any funding provided under section 1504.
            (5) Updates.--Not later than July 31, 2008, and annually 
        thereafter, the Secretary shall--
                    (A) update the security assessments referred to in 
                this subsection; and
                    (B) conduct security assessments of all public 
                transportation agencies considered to be at greatest 
                risk of a terrorist attack.
    (b) Use of Security Assessment Information.--The Secretary shall 
use the information collected under subsection (a)--
            (1) to establish the process for developing security 
        guidelines for public transportation security; and
            (2) to design a security improvement strategy that--
                    (A) minimizes terrorist threats to public 
                transportation systems; and
                    (B) maximizes the efforts of public transportation 
                systems to mitigate damage from terrorist attacks.
    (c) Bus and Rural Public Transportation Systems.--Not later than 
July 31, 2007, the Secretary shall conduct security assessments, 
appropriate to the size and nature of each system, to determine the 
specific needs of--
            (1) local bus-only public transportation systems; and
            (2) selected public transportation systems that receive 
        funds under section 5311 of title 49, United States Code.

SEC. 1504. SECURITY ASSISTANCE GRANTS.

    (a) Capital Security Assistance Program.--
            (1) In general.--The Secretary shall award grants directly 
        to public transportation agencies for allowable capital 
        security improvements based on the priorities established under 
        section 1503(a)(4).
            (2) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) tunnel protection systems;
                    (B) perimeter protection systems;
                    (C) redundant critical operations control systems;
                    (D) chemical, biological, radiological, or 
                explosive detection systems;
                    (E) surveillance equipment;
                    (F) communications equipment;
                    (G) emergency response equipment;
                    (H) fire suppression and decontamination equipment;
                    (I) global positioning or automated vehicle locator 
                type system equipment;
                    (J) evacuation improvements; and
                    (K) other capital security improvements.
    (b) Operational Security Assistance Program.--
            (1) In general.--The Secretary shall award grants directly 
        to public transportation agencies for allowable operational 
        security improvements based on the priorities established under 
        section 1503(a)(4).
            (2) Allowable use of funds.--Grants awarded under paragraph 
        (1) may be used for--
                    (A) security training for public transportation 
                employees, including bus and rail operators, mechanics, 
                customer service, maintenance employees, transit 
                police, and security personnel;
                    (B) live or simulated drills;
                    (C) public awareness campaigns for enhanced public 
                transportation security;
                    (D) canine patrols for chemical, biological, or 
                explosives detection;
                    (E) overtime reimbursement for enhanced security 
                personnel during significant national and international 
                public events, consistent with the priorities 
                established under section 1503(a)(4); and
                    (F) other appropriate security improvements 
                identified under section 1503(a)(4), excluding routine, 
                ongoing personnel costs.
    (c) Coordination With State Homeland Security Plans.--In 
establishing security improvement priorities under section 1503(a)(4) 
and in awarding grants for capital security improvements and 
operational security improvements under subsections (a) and (b), 
respectively, the Secretary shall ensure that the actions of the 
Secretary are consistent with relevant State homeland security plans.
    (d) Multi-State Transportation Systems.--In cases where a public 
transportation system operates in more than 1 State, the Secretary 
shall give appropriate consideration to the risks of the entire system, 
including those portions of the States into which the system crosses, 
in establishing security improvement priorities under section 
1503(a)(4), and in awarding grants for capital security improvements 
and operational security improvements under subsections (a) and (b), 
respectively.
    (e) Congressional Notification.--Not later than 3 days before the 
award of any grant under this section, the Secretary shall notify the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Banking, Housing, and Urban Affairs of the Senate of the 
intent to award such grant.
    (f) Public Transportation Agency Responsibilities.--Each public 
transportation agency that receives a grant under this section shall--
            (1) identify a security coordinator to coordinate security 
        improvements;
            (2) develop a comprehensive plan that demonstrates the 
        agency's capacity for operating and maintaining the equipment 
        purchased under this section; and
            (3) report annually to the Secretary on the use of grant 
        funds received under this section.
    (g) Return of Misspent Grant Funds.--If the Secretary determines 
that a grantee used any portion of the grant funds received under this 
section for a purpose other than the allowable uses specified for that 
grant under this section, the grantee shall return any amount so used 
to the Treasury of the United States.

SEC. 1505. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

    (a) In General.--Not later than 90 days after the date of enactment 
of this section, the Secretary, in consultation with appropriate law 
enforcement, security, and terrorism experts, representatives of public 
transportation owners and operators, and nonprofit employee 
organizations that represent public transportation workers, shall 
develop and issue detailed regulations for a public transportation 
worker security training program to prepare public transportation 
workers, including front-line transit employees such as bus and rail 
operators, mechanics, customer service employees, maintenance 
employees, transit police, and security personnel, for potential threat 
conditions.
    (b) Program Elements.--The regulations developed under subsection 
(a) shall require such a program to include, at a minimum, elements 
that address the following:
            (1) Determination of the seriousness of any occurrence.
            (2) Crew and passenger communication and coordination.
            (3) Appropriate responses to defend oneself.
            (4) Use of protective devices.
            (5) Evacuation procedures (including passengers, workers, 
        the elderly and those with disabilities).
            (6) Psychology of terrorists to cope with hijacker behavior 
        and passenger responses.
            (7) Live situational training exercises regarding various 
        threat conditions, including tunnel evacuation procedures.
            (8) Any other subject the Secretary considers appropriate.
    (c) Required Programs.--
            (1) In general.--Not later than 90 days after the Secretary 
        issues regulations under subsection (a) in final form, each 
        public transportation system that receives a grant under this 
        title shall develop a public transportation worker security 
        training program in accordance with those regulations and 
        submit it to the Secretary for approval.
            (2) Approval.--Not later than 30 days after receiving a 
        public transportation system's program under paragraph (1), the 
        Secretary shall review the program and approve it or require 
        the public transportation system to make any revisions the 
        Secretary considers necessary for the program to meet the 
        regulations requirements. A public transit agency shall respond 
        to the Secretary's comments within 30 days after receiving 
        them.
    (d) Training.--
            (1) In general.--Not later than 1 year after the Secretary 
        approves the training program developed by a public 
        transportation system under subsection (c), the public 
        transportation system owner or operator shall complete the 
        training of all public transportation workers in accordance 
        with that program.
            (2) Report.--The Secretary shall review implementation of 
        the training program of a representative sample of public 
        transportation systems and report to the Senate Committee on 
        Banking, Housing and Urban Affairs, House of Representatives 
        Committee on Transportation and Infrastructure, the Senate 
        Homeland Security and Government Affairs Committee and the 
        House of Representatives Committee on Homeland Security, on the 
        number of reviews conducted and the results. The Secretary may 
        submit the report in both classified and redacted formats as 
        necessary.
    (e) Updates.--
            (1) In general.--The Secretary shall update the training 
        regulations issued under subsection (a) from time to time to 
        reflect new or different security threats, and require public 
        transportation systems to revise their programs accordingly and 
        provide additional training to their workers.
            (2) Program revisions.--Each public transit operator shall 
        revise their program in accordance with any regulations under 
        paragraph (1) and provide additional training to their front-
        line workers within a reasonable time after the regulations are 
        updated.

SEC. 1506. INTELLIGENCE SHARING.

    (a) Intelligence Sharing.--The Secretary shall ensure that the 
Department of Transportation receives appropriate and timely 
notification of all credible terrorist threats against public 
transportation assets in the United States.
    (b) Information Sharing Analysis Center.--
            (1) Establishment.--The Secretary shall provide sufficient 
        financial assistance for the reasonable costs of the 
        Information Sharing and Analysis Center for Public 
        Transportation (referred to in this subsection as the ``ISAC'') 
        established pursuant to Presidential Directive 63, to protect 
        critical infrastructure.
            (2) Public transportation agency participation.--The 
        Secretary--
                    (A) shall require those public transportation 
                agencies that the Secretary determines to be at 
                significant risk of terrorist attack to participate in 
                the ISAC;
                    (B) shall encourage all other public transportation 
                agencies to participate in the ISAC; and
                    (C) shall not charge a fee to any public 
                transportation agency for participating in the ISAC.

SEC. 1507. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS AND 
              CONTRACTS.

    (a) Grants and Contracts Authorized.--The Secretary, through the 
Homeland Security Advanced Research Projects Agency in the Science and 
Technology Directorate and in consultation with the Federal Transit 
Administration, shall award grants or contracts to public or private 
entities to conduct research into, and demonstrate technologies and 
methods to reduce and deter terrorist threats or mitigate damages 
resulting from terrorist attacks against public transportation systems.
    (b) Use of Funds.--Grants or contracts awarded under subsection 
(a)--
            (1) shall be coordinated with Homeland Security Advanced 
        Research Projects Agency activities; and
            (2) may be used to--
                    (A) research chemical, biological, radiological, or 
                explosive detection systems that do not significantly 
                impede passenger access;
                    (B) research imaging technologies;
                    (C) conduct product evaluations and testing; and
                    (D) research other technologies or methods for 
                reducing or deterring terrorist attacks against public 
                transportation systems, or mitigating damage from such 
                attacks.
    (c) Reporting Requirement.--Each entity that is awarded a grant or 
contract under this section shall report annually to the Department on 
the use of grant or contract funds received under this section.
    (d) Return of Misspent Grant or Contract Funds.--If the Secretary 
determines that a grantee or contractor used any portion of the grant 
or contract funds received under this section for a purpose other than 
the allowable uses specified under subsection (b), the grantee or 
contractor shall return any amount so used to the Treasury of the 
United States.

SEC. 1508. REPORTING REQUIREMENTS.

    (a) Semi-Annual Report to Congress.--
            (1) In general.--Not later than March 31 and September 30 
        each year, the Secretary shall submit a report, containing the 
        information described in paragraph (2), to--
                    (A) the Committee on Banking, Housing, and Urban 
                Affairs of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Appropriations of the Senate.
            (2) Contents.--The report submitted under paragraph (1) 
        shall include--
                    (A) a description of the implementation of the 
                provisions of sections 1503 through 1506;
                    (B) the amount of funds appropriated to carry out 
                the provisions of each of sections 1503 through 1506 
                that have not been expended or obligated; and
                    (C) the state of public transportation security in 
                the United States.
    (b) Annual Report to Governors.--
            (1) In general.--Not later than March 31 of each year, the 
        Secretary shall submit a report to the Governor of each State 
        with a public transportation agency that has received a grant 
        under this title.
            (2) Contents.--The report submitted under paragraph (1) 
        shall specify--
                    (A) the amount of grant funds distributed to each 
                such public transportation agency; and
                    (B) the use of such grant funds.

SEC. 1509. AUTHORIZATION OF APPROPRIATIONS.

    (a) Capital Security Assistance Program.--There are authorized to 
be appropriated to carry out the provisions of section 1504(a) and 
remain available until expended--
            (1) such sums as are necessary in fiscal year 2007;
            (2) $536,000,000 for fiscal year 2008;
            (3) $772,000,000 for fiscal year 2009; and
            (4) $1,062,000,000 for fiscal year 2010.
    (b) Operational Security Assistance Program.--There are authorized 
to be appropriated to carry out the provisions of section 1504(b)--
            (1) such sums as are necessary in fiscal year 2007;
            (2) $534,000,000 for fiscal year 2008;
            (3) $333,000,000 for fiscal year 2009; and
            (4) $133,000,000 for fiscal year 2010.
    (c) Intelligence.--There are authorized to be appropriated such 
sums as may be necessary to carry out the provisions of section 1505.
    (d) Research.--There are authorized to be appropriated to carry out 
the provisions of section 1507 and remain available until expended--
            (1) such sums as are necessary in fiscal year 2007;
            (2) $30,000,000 for fiscal year 2008;
            (3) $45,000,000 for fiscal year 2009; and
            (4) $55,000,000 for fiscal year 2010.

SEC. 1510. SUNSET PROVISION.

    The authority to make grants under this title shall expire on 
October 1, 2011.

                  TITLE XVI--MISCELLANEOUS PROVISIONS

SEC. 1601. DEPUTY SECRETARY OF HOMELAND SECRETARY FOR MANAGEMENT.

    (a) Establishment and Succession.--Section 103 of the Homeland 
Security Act of 2002 (6 U.S.C. 113) is amended--
            (1) in subsection (a)--
                    (A) in the subsection heading, by striking ``Deputy 
                Secretary'' and inserting ``Deputy Secretaries'';
                    (B) by striking paragraph (6);
                    (C) by redesignating paragraphs (2) through (5) as 
                paragraphs (3) through (6), respectively; and
                    (D) by striking paragraph (1) and inserting the 
                following:
            ``(1) A Deputy Secretary of Homeland Security.
            ``(2) A Deputy Secretary of Homeland Security for 
        Management.''; and
            (2) by adding at the end the following:
    ``(g) Vacancies.--
            ``(1) Vacancy in office of secretary.--
                    ``(A) Deputy secretary.--In case of a vacancy in 
                the office of the Secretary, or of the absence or 
                disability of the Secretary, the Deputy Secretary of 
                Homeland Security may exercise all the duties of that 
                office, and for the purpose of section 3345 of title 5, 
                United States Code, the Deputy Secretary of Homeland 
                Security is the first assistant to the Secretary.
                    ``(B) Deputy secretary for management.--When by 
                reason of absence, disability, or vacancy in office, 
                neither the Secretary nor the Deputy Secretary of 
                Homeland Security is available to exercise the duties 
                of the office of the Secretary, the Deputy Secretary of 
                Homeland Security for Management shall act as 
                Secretary.
            ``(2) Vacancy in office of deputy secretary.--In the case 
        of a vacancy in the office of the Deputy Secretary of Homeland 
        Security, or of the absence or disability of the Deputy 
        Secretary of Homeland Security, the Deputy Secretary of 
        Homeland Security for Management may exercise all the duties of 
        that office.
            ``(3) Further order of succession.--The Secretary may 
        designate such other officers of the Department in further 
        order of succession to act as Secretary.''.
    (b) Responsibilities.--Section 701 of the Homeland Security Act of 
2002 (6 U.S.C. 341) is amended--
            (1) in the section heading, by striking ``under secretary'' 
        and inserting ``deputy secretary of homeland security'';
            (2) in subsection (a)--
                    (A) by inserting ``The Deputy Secretary of Homeland 
                Security for Management shall serve as the Chief 
                Management Officer and principal advisor to the 
                Secretary on matters related to the management of the 
                Department, including management integration and 
                transformation in support of homeland security 
                operations and programs.'' before ``The Secretary'';
                    (B) by striking ``Under Secretary for Management'' 
                and inserting ``Deputy Secretary of Homeland Security 
                for Management'';
                    (C) by striking paragraph (7) and inserting the 
                following:
            ``(7) Strategic planning and annual performance planning 
        and identification and tracking of performance measures 
        relating to the responsibilities of the Department.''; and
                    (D) by striking paragraph (9), and inserting the 
                following:
            ``(9) The integration and transformation process, to ensure 
        an efficient and orderly consolidation of functions and 
        personnel to the Department, including the development of a 
        management integration strategy for the Department.''; and
            (3) in subsection (b)--
                    (A) in paragraph (1), by striking ``Under Secretary 
                for Management'' and inserting ``Deputy Secretary of 
                Homeland Security for Management''; and
                    (B) in paragraph (2), by striking ``Under Secretary 
                for Management'' and inserting ``Deputy Secretary of 
                Homeland Security for Management''.
    (c) Appointment, Evaluation, and Reappointment.--Section 701 of the 
Homeland Security Act of 2002 (6 U.S.C. 341) is amended by adding at 
the end the following:
    ``(c) Appointment, Evaluation, and Reappointment.--The Deputy 
Secretary of Homeland Security for Management--
            ``(1) shall be appointed by the President, by and with the 
        advice and consent of the Senate, from among persons who have--
                    ``(A) extensive executive level leadership and 
                management experience in the public or private sector;
                    ``(B) strong leadership skills;
                    ``(C) a demonstrated ability to manage large and 
                complex organizations; and
                    ``(D) a proven record in achieving positive 
                operational results;
            ``(2) shall--
                    ``(A) serve for a term of 5 years; and
                    ``(B) be subject to removal by the President if the 
                President--
                            ``(i) finds that the performance of the 
                        Deputy Secretary of Homeland Security for 
                        Management is unsatisfactory; and
                            ``(ii) communicates the reasons for 
                        removing the Deputy Secretary of Homeland 
                        Security for Management to Congress before such 
                        removal;
            ``(3) may be reappointed in accordance with paragraph (1), 
        if the Secretary has made a satisfactory determination under 
        paragraph (5) for the 3 most recent performance years;
            ``(4) shall enter into an annual performance agreement with 
        the Secretary that shall set forth measurable individual and 
        organizational goals; and
            ``(5) shall be subject to an annual performance evaluation 
        by the Secretary, who shall determine as part of each such 
        evaluation whether the Deputy Secretary of Homeland Security 
        for Management has made satisfactory progress toward achieving 
        the goals set out in the performance agreement required under 
        paragraph (4).''.
    (d) Incumbent.--The individual who serves in the position of Under 
Secretary for Management of the Department of Homeland Security on the 
date of enactment of this Act--
            (1) may perform all the duties of the Deputy Secretary of 
        Homeland Security for Management at the pleasure of the 
        President, until a Deputy Secretary of Homeland Security for 
        Management is appointed in accordance with subsection (c) of 
        section 701 of the Homeland Security Act of 2002 (6 U.S.C. 
        341), as added by this Act; and
            (2) may be appointed Deputy Secretary of Homeland Security 
        for Management, if such appointment is otherwise in accordance 
        with sections 103 and 701 of the Homeland Security Act of 2002 
        (6 U.S.C. 113 and 341), as amended by this Act.
    (e) References.--References in any other Federal law, Executive 
order, rule, regulation, or delegation of authority, or any document of 
or relating to the Under Secretary for Management of the Department of 
Homeland Security shall be deemed to refer to the Deputy Secretary of 
Homeland Security for Management.
    (f) Technical and Conforming Amendments.--
            (1) Other reference.--Section 702(a) of the Homeland 
        Security Act of 2002 (6 U.S.C. 342(a)) is amended by striking 
        ``Under Secretary for Management'' and inserting ``Deputy 
        Secretary of Homeland Security for Management''.
            (2) Table of contents.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 (6 U.S.C. 101(b)) is 
        amended by striking the item relating to section 701 and 
        inserting the following:

``Sec. 701. Deputy Secretary of Homeland Security for Management.''.
            (3) Executive schedule.--Section 5313 of title 5, United 
        States Code, is amended by inserting after the item relating to 
        the Deputy Secretary of Homeland Security the following:
            ``Deputy Secretary of Homeland Security for Management.''.

SEC. 1602. SENSE OF THE SENATE REGARDING COMBATING DOMESTIC 
              RADICALIZATION.

    (a) Findings.--The Senate finds the following:
            (1) The United States is engaged in a struggle against a 
        transnational terrorist movement of radical extremists seeking 
        to exploit the religion of Islam through violent means to 
        achieve ideological ends.
            (2) The radical jihadist movement transcends borders and 
        has been identified as a potential threat within the United 
        States.
            (3) Radicalization has been identified as a precursor to 
        terrorism.
            (4) Countering the threat of violent extremists 
        domestically, as well as internationally, is a critical element 
        of the plan of the United States for success in the war on 
        terror.
            (5) United States law enforcement agencies have identified 
        radicalization as an emerging threat and have in recent years 
        identified cases of ``homegrown'' extremists operating inside 
        the United States with the intent to provide support for, or 
        directly commit, a terrorist attack.
            (6) The alienation of Muslim populations in the Western 
        world has been identified as a factor in the spread of 
        radicalization.
            (7) Radicalization cannot be prevented solely through law 
        enforcement and intelligence measures.
    (b) Sense of Senate.--It is the sense of the Senate that the 
Secretary, in consultation with other relevant Federal agencies, should 
make a priority of countering domestic radicalization and extremism 
by--
            (1) using intelligence analysts and other experts to better 
        understand the process of radicalization from sympathizer to 
        activist to terrorist;
            (2) recruiting employees with diverse worldviews, skills, 
        languages, and cultural backgrounds and expertise;
            (3) consulting with experts to ensure that the lexicon used 
        within public statements is precise and appropriate and does 
        not aid extremists by offending the American Muslim community;
            (4) developing and implementing, in concert with the 
        Attorney General and State and local corrections officials, a 
        program to address prisoner radicalization and post-sentence 
        reintegration;
            (5) pursuing broader avenues of dialogue with the Muslim 
        community to foster mutual respect, understanding, and trust; 
        and
            (6) working directly with State, local, and community 
        leaders to--
                    (A) educate these leaders on the threat of 
                radicalization and the necessity of taking preventative 
                action at the local level; and
                    (B) facilitate the sharing of best practices from 
                other countries and communities to encourage outreach 
                to the American Muslim community and develop 
                partnerships between all faiths, including Islam.

SEC. 1603. SENSE OF THE SENATE REGARDING OVERSIGHT OF HOMELAND 
              SECURITY.

    (a) Findings.--The Senate finds the following:
            (1) The Senate recognizes the importance and need to 
        implement the recommendations offered by the National 
        Commission on Terrorist Attacks Upon the United States (in this 
        section referred to as the ``Commission'').
            (2) Congress considered and passed the National Security 
        Intelligence Reform Act of 2004 (Public Law 108-458; 118 Stat. 
        3643) to implement the recommendations of the Commission.
            (3) Representatives of the Department testified at 165 
        Congressional hearings in calendar year 2004, and 166 
        Congressional hearings in calendar year 2005.
            (4) The Department had 268 representatives testify before 
        15 committees and 35 subcommittees of the House of 
        Representatives and 9 committees and 12 subcommittees of the 
        Senate at 206 congressional hearings in calendar year 2006.
            (5) The Senate has been unwilling to reform itself in 
        accordance with the recommendation of the Commission to provide 
        better and more streamlined oversight of the Department.
    (b) Sense of Senate.--It is the sense of the Senate that the Senate 
should implement the recommendation of the Commission to ``create a 
single, principal point of oversight and review for homeland 
security.''.

SEC. 1604. REPORT REGARDING BORDER SECURITY.

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

SEC. 1605. LAW ENFORCEMENT ASSISTANCE FORCE.

    (a) Establishment.--The Secretary shall establish a Law Enforcement 
Assistance Force to facilitate the contributions of retired law 
enforcement officers and agents during major disasters.
    (b) Eligible Participants.--An individual may participate in the 
Law Enforcement Assistance Force if that individual--
            (1) has experience working as an officer or agent for a 
        public law enforcement agency and left that agency in good 
        standing;
            (2) holds current certifications for firearms, first aid, 
        and such other skills determined necessary by the Secretary;
            (3) submits to the Secretary an application, at such time, 
        in such manner, and accompanied by such information as the 
        Secretary may reasonably require, that authorizes the Secretary 
        to review the law enforcement service record of that 
        individual; and
            (4) meets such other qualifications as the Secretary may 
        require.
    (c) Liability; Supervision.--Each eligible participant shall, upon 
acceptance of an assignment under this section--
                    (A) be detailed to a Federal, State, or local 
                government law enforcement agency; and
                    (B) work under the direct supervision of an officer 
                or agent of that agency.
    (d) Mobilization.--
            (1) In general.--In the event of a major disaster, the 
        Secretary, after consultation with appropriate Federal, State, 
        and local government law enforcement agencies, may request 
        eligible participants to volunteer to assist the efforts of 
        those agencies responding to such emergency and assign each 
        willing participant to a specific law enforcement agency.
            (2) Acceptance.--If the eligible participant accepts an 
        assignment under this subsection, that eligible participant 
        shall agree to remain in such assignment for a period equal to 
        not less than the shorter of--
                    (A) the period during which the law enforcement 
                agency needs the services of such participant;
                    (B) 30 days;
                    (C) such other period of time agreed to between the 
                Secretary and the eligible participant.
            (3) Refusal.--An eligible participant may refuse an 
        assignment under this subsection without any adverse 
        consequences.
    (e) Expenses.--
            (1) In general.--Each eligible participant shall be allowed 
        travel expenses, including per diem in lieu of subsistence, at 
        rates authorized for employees of agencies under subchapter I 
        of chapter 57 of title 5, United States Code, while carrying 
        out an assignment under subsection (d).
            (2) Source of funds.--Expenses incurred under paragraph (1) 
        shall be paid from amounts appropriated to the Federal 
        Emergency Management Agency.
    (f) Termination of Assistance.--The availability of eligible 
participants of the Law Enforcement Assistance Force shall continue for 
a period equal to the shorter of--
            (1) the period of the major disaster; or
            (2) 1 year.
    (g) Definitions.--In this section--
            (1) the term ``eligible participant'' means an individual 
        participating in the Law Enforcement Assistance Force;
            (2) the term ``Law Enforcement Assistance Force'' means the 
        Law Enforcement Assistance Force established under subsection 
        (a); and
            (3) the term ``major disaster'' has the meaning given that 
        term in section 102 of the Robert T. Stafford Disaster Relief 
        and Emergency Assistance Act (42 U.S.C. 5122).
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to carry out this section.

SEC. 1606. QUADRENNIAL HOMELAND SECURITY REVIEW.

    (a) In General.--
            (1) Establishment.--Not later than the end of fiscal year 
        2008, the Secretary shall establish a national homeland 
        security strategy.
            (2) Review.--Four years after the establishment of the 
        national homeland security strategy, and every 4 years 
        thereafter, the Secretary shall conduct a comprehensive 
        examination of the national homeland security strategy.
            (3) Scope.--In establishing or reviewing the national 
        homeland security strategy under this subsection, the Secretary 
        shall conduct a comprehensive examination of interagency 
        cooperation, preparedness of Federal response assets, 
        infrastructure, budget plan, and other elements of the homeland 
        security program and policies of the United States with a view 
        toward determining and expressing the homeland security 
        strategy of the United States and establishing a homeland 
        security program for the 20 years following that examination.
            (4) Reference.--The establishment or review of the national 
        homeland security strategy under this subsection shall be known 
        as the ``quadrennial homeland security review''.
            (5) Consultation.--Each quadrennial homeland security 
        review under this subsection shall be conducted in consultation 
        with the Attorney General of the United States, the Secretary 
        of State, the Secretary of Defense, the Secretary of Health and 
        Human Services, and the Secretary of the Treasury.
    (b) Contents of Review.--Each quadrennial homeland security review 
shall--
            (1) delineate a national homeland security strategy 
        consistent with the most recent National Response Plan prepared 
        under Homeland Security Presidential Directive-5 or any 
        directive meant to replace or augment that directive;
            (2) describe the interagency cooperation, preparedness of 
        Federal response assets, infrastructure, budget plan, and other 
        elements of the homeland security program and policies of the 
        United States associated with the national homeland security 
        strategy required to execute successfully the full range of 
        missions called for in the national homeland security strategy 
        delineated under paragraph (1); and
            (3) identify--
                    (A) the budget plan required to provide sufficient 
                resources to successfully execute the full range of 
                missions called for in that national homeland security 
                strategy at a low-to-moderate level of risk; and
                    (B) any additional resources required to achieve 
                such a level of risk.
    (c) Level of Risk.--The assessment of the level of risk for 
purposes of subsection (b)(3) shall be conducted by the Director of 
National Intelligence.
    (d) Reporting.--
            (1) In general.--The Secretary shall submit a report 
        regarding each quadrennial homeland security review to Congress 
        and shall make the report publicly available on the Internet. 
        Each such report shall be submitted and made available on the 
        Internet not later than September 30 of the year in which the 
        review is conducted.
            (2) Contents of report.--Each report submitted under 
        paragraph (1) shall include--
                    (A) the results of the quadrennial homeland 
                security review;
                    (B) the threats to the assumed or defined national 
                homeland security interests of the United States that 
                were examined for the purposes of the review and the 
                scenarios developed in the examination of those 
                threats;
                    (C) the status of cooperation among Federal 
                agencies in the effort to promote national homeland 
                security;
                    (D) the status of cooperation between the Federal 
                Government and State governments in preparing for 
                emergency response to threats to national homeland 
                security; and
                    (E) any other matter the Secretary considers 
                appropriate.
    (e) Resource Plan.--
    Not later than 30 days after the date of enactment of this Act, the 
Secretary shall provide to Congress and make publicly available on the 
Internet a detailed resource plan specifying the estimated budget and 
number of staff members that will be required for preparation of the 
initial quadrennial homeland security review.

SEC. 1607. INTEGRATION OF DETECTION EQUIPMENT AND TECHNOLOGIES.

    (a) In General.--The Secretary shall have responsibility for 
ensuring that chemical, biological, radiological, and nuclear detection 
equipment and technologies are integrated as appropriate with other 
border security systems and detection technologies.
    (b) Report.--Not later than 6 months after the date of enactment of 
this Act, the Secretary shall submit a report to Congress that contains 
a plan to develop a departmental technology assessment process to 
determine and certify the technology readiness levels of chemical, 
biological, radiological, and nuclear detection technologies before the 
full deployment of such technologies within the United States.

                     TITLE XVII--911 MODERNIZATION

SEC. 1701. SHORT TITLE.

    This title may be cited as the ``911 Modernization Act''.

SEC. 1702. FUNDING FOR PROGRAM.

    Section 3011 of Public Law 109-171 (47 U.S.C. 309 note) is 
amended--
            (1) by striking ``The'' and inserting:
    ``(a) In General.--The''; and
            (2) by adding at the end the following:
    ``(b) Credit.--The Assistant Secretary may borrow from the 
Treasury, upon enactment of this provision, such sums as necessary, but 
not to exceed $43,500,000 to implement this section. The Assistant 
Secretary shall reimburse the Treasury, without interest, as funds are 
deposited into the Digital Television Transition and Public Safety 
Fund.''.

SEC. 1703. NTIA COORDINATION OF E-911 IMPLEMENTATION.

    Section 158(b)(4) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 942(b)(4)) is 
amended by adding at the end thereof the following: ``Within 180 days 
after the date of enactment of the 911 Modernization Act, the Assistant 
Secretary and the Administrator shall jointly issue regulations 
updating the criteria to provide priority for public safety answering 
points not capable, as of the date of enactment of that Act, of 
receiving 911 calls.''.

     TITLE XVIII--MODERNIZATION OF THE AMERICAN NATIONAL RED CROSS

SEC. 1801. SHORT TITLE.

    This title may be cited as the ``The American National Red Cross 
Governance Modernization Act of 2007''.

SEC. 1802. FINDINGS; SENSE OF CONGRESS.

    (a) Findings.--Congress makes the following findings:
            (1) Substantive changes to the Congressional Charter of The 
        American National Red Cross have not been made since 1947.
            (2) In February 2006, the board of governors of The 
        American National Red Cross (the ``Board of Governors'') 
        commissioned an independent review and analysis of the Board of 
        Governors' role, composition, size, relationship with 
        management, governance relationship with chartered units of The 
        American National Red Cross, and whistleblower and audit 
        functions.
            (3) In an October 2006 report of the Board of Governors, 
        entitled ``American Red Cross Governance for the 21st Century'' 
        (the ``Governance Report''), the Board of Governors recommended 
        changes to the Congressional Charter, bylaws, and other 
        governing documents of The American National Red Cross to 
        modernize and enhance the effectiveness of the Board of 
        Governors and governance structure of The American National Red 
        Cross.
            (4) It is in the national interest to create a more 
        efficient governance structure of The American National Red 
        Cross and to enhance the Board of Governors' ability to support 
        the critical mission of The American National Red Cross in the 
        21st century.
            (5) It is in the national interest to clarify the role of 
        the Board of Governors as a governance and strategic oversight 
        board and for The American National Red Cross to amend its 
        bylaws, consistent with the recommendations described in the 
        Governance Report, to clarify the role of the Board of 
        Governors and to outline the areas of its responsibility, 
        including--
                    (A) reviewing and approving the mission statement 
                for The American National Red Cross;
                    (B) approving and overseeing the corporation's 
                strategic plan and maintaining strategic oversight of 
                operational matters;
                    (C) selecting, evaluating, and determining the 
                level of compensation of the corporation's chief 
                executive officer;
                    (D) evaluating the performance and establishing the 
                compensation of the senior leadership team and 
                providing for management succession;
                    (E) overseeing the financial reporting and audit 
                process, internal controls, and legal compliance;
                    (F) holding management accountable for performance;
                    (G) providing oversight of the financial stability 
                of the corporation;
                    (H) ensuring the inclusiveness and diversity of the 
                corporation;
                    (I) providing oversight of the protection of the 
                brand of the corporation; and
                    (J) assisting with fundraising on behalf of the 
                corporation.
            (6)(A) The selection of members of the Board of Governors 
        is a critical component of effective governance for The 
        American National Red Cross, and, as such, it is in the 
        national interest that The American National Red Cross amend 
        its bylaws to provide a method of selection consistent with 
        that described in the Governance Report.
            (B) The new method of selection should replace the current 
        process by which--
                    (i) 30 chartered unit-elected members of the Board 
                of Governors are selected by a non-Board committee 
                which includes 2 members of the Board of Governors and 
                other individuals elected by the chartered units 
                themselves;
                    (ii) 12 at-large members of the Board of Governors 
                are nominated by a Board committee and elected by the 
                Board of Governors; and
                    (iii) 8 members of the Board of Governors are 
                appointed by the President of the United States.
            (C) The new method of selection described in the Governance 
        Report reflects the single category of members of the Board of 
        Governors that will result from the implementation of this 
        title:
                    (i) All Board members (except for the chairman of 
                the Board of Governors) would be nominated by a single 
                committee of the Board of Governors taking into account 
                the criteria outlined in the Governance Report to 
                assure the expertise, skills, and experience of a 
                governing board.
                    (ii) The nominated members would be considered for 
                approval by the full Board of Governors and then 
                submitted to The American National Red Cross annual 
                meeting of delegates for election, in keeping with the 
                standard corporate practice whereby shareholders of a 
                corporation elect members of a board of directors at 
                its annual meeting.
            (7) The United States Supreme Court held The American 
        National Red Cross to be an instrumentality of the United 
        States, and it is in the national interest that the 
        Congressional Charter confirm that status and that any changes 
        to the Congressional Charter do not affect the rights and 
        obligations of The American National Red Cross to carry out its 
        purposes.
            (8) Given the role of The American National Red Cross in 
        carrying out its services, programs, and activities, and 
        meeting its various obligations, the effectiveness of The 
        American National Red Cross will be promoted by the creation of 
        an organizational ombudsman who--
                    (A) will be a neutral or impartial dispute 
                resolution practitioner whose major function will be to 
                provide confidential and informal assistance to the 
                many internal and external stakeholders of The American 
                National Red Cross;
                    (B) will report to the chief executive officer and 
                the audit committee of the Board of Governors; and
                    (C) will have access to anyone and any documents in 
                The American National Red Cross.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) charitable organizations are an indispensable part of 
        American society, but these organizations can only fulfill 
        their important roles by maintaining the trust of the American 
        public;
            (2) trust is fostered by effective governance and 
        transparency, which are the principal goals of the 
        recommendations of the Board of Governors in the Governance 
        Report and this title;
            (3) Federal and State action play an important role in 
        ensuring effective governance and transparency by setting 
        standards, rooting out violations, and informing the public; 
        and
            (4) while The American National Red Cross is and will 
        remain a Federally chartered instrumentality of the United 
        States, and it has the rights and obligations consistent with 
        that status, The American National Red Cross nevertheless 
        should maintain appropriate communications with State 
        regulators of charitable organizations and should cooperate 
        with them as appropriate in specific matters as they arise from 
        time to time.

SEC. 1803. ORGANIZATION.

    Section 300101 of title 36, United States Code, is amended--
            (1) in subsection (a), by inserting ``a Federally chartered 
        instrumentality of the United States and'' before ``a body 
        corporate and politic''; and
            (2) in subsection (b), by inserting at the end the 
        following new sentence: ``The corporation may conduct its 
        business and affairs, and otherwise hold itself out, as the 
        `American Red Cross' in any jurisdiction.''.

SEC. 1804. PURPOSES.

    Section 300102 of title 36, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following paragraph:
            ``(5) to conduct other activities consistent with the 
        foregoing purposes.''.

SEC. 1805. MEMBERSHIP AND CHAPTERS.

    Section 300103 of title 36, United States Code, is amended--
            (1) in subsection (a), by inserting ``, or as otherwise 
        provided,'' before ``in the bylaws'';
            (2) in subsection (b)(1)--
                    (A) by striking ``board of governors'' and 
                inserting ``corporation''; and
                    (B) by inserting ``policies and'' before 
                ``regulations related''; and
            (3) in subsection (b)(2)--
                    (A) by inserting ``policies and'' before 
                ``regulations shall require''; and
                    (B) by striking ``national convention'' and 
                inserting ``annual meeting''.

SEC. 1806. BOARD OF GOVERNORS.

    Section 300104 of title 36, United States Code, is amended to read 
as follows:
``Sec. 300104. Board of governors
    ``(a) Board of Governors.--
            ``(1) In general.--The board of governors is the governing 
        body of the corporation with all powers of governing and 
        directing, and of overseeing the management of the business and 
        affairs of, the corporation.
            ``(2) Number.--The board of governors shall fix by 
        resolution, from time to time, the number of members 
        constituting the entire board of governors, provided that--
                    ``(A) as of March 31, 2009, and thereafter, there 
                shall be no fewer than 12 and no more than 25 members; 
                and
                    ``(B) as of March 31, 2012, and thereafter, there 
                shall be no fewer than 12 and no more than 20 members 
                constituting the entire board.
        Procedures to implement the preceding sentence shall be 
        provided in the bylaws.
            ``(3) Appointment.--The governors shall be appointed or 
        elected in the following manner:
                    ``(A) Chairman.--
                            ``(i) In general.--The board of governors, 
                        in accordance with procedures provided in the 
                        bylaws, shall recommend to the President an 
                        individual to serve as chairman of the board of 
                        governors. If such recommendation is approved 
                        by the President, the President shall appoint 
                        such individual to serve as chairman of the 
                        board of governors.
                            ``(ii) Vacancies.--Vacancies in the office 
                        of the chairman, including vacancies resulting 
                        from the resignation, death, or removal by the 
                        President of the chairman, shall be filled in 
                        the same manner described in clause (i).
                            ``(iii) Duties.--The chairman shall be a 
                        member of the board of governors and, when 
                        present, shall preside at meetings of the board 
                        of governors and shall have such other duties 
                        and responsibilities as may be provided in the 
                        bylaws or a resolution of the board of 
                        governors.
                    ``(B) Other members.--
                            ``(i) In general.--Members of the board of 
                        governors other than the chairman shall be 
                        elected at the annual meeting of the 
                        corporation in accordance with such procedures 
                        as may be provided in the bylaws.
                            ``(ii) Vacancies.--Vacancies in any such 
                        elected board position and in any newly created 
                        board position may be filled by a vote of the 
                        remaining members of the board of governors in 
                        accordance with such procedures as may be 
                        provided in the bylaws.
    ``(b) Terms of Office.--
            ``(1) In general.--The term of office of each member of the 
        board of governors shall be 3 years, except that--
                    ``(A) the board of governors may provide under the 
                bylaws that the terms of office of members of the board 
                of governors elected to the board of governors before 
                March 31, 2012, may be less than 3 years in order to 
                implement the provisions of subparagraphs (A) and (B) 
                of subsection (a)(2); and
                    ``(B) any member of the board of governors elected 
                by the board to fill a vacancy in a board position 
                arising before the expiration of its term may, as 
                determined by the board, serve for the remainder of 
                that term or until the next annual meeting of the 
                corporation.
            ``(2) Staggered terms.--The terms of office of members of 
        the board of governors (other than the chairman) shall be 
        staggered such that, by March 31, 2012, and thereafter, \1/3\ 
        of the entire board (or as near to \1/3\ as practicable) shall 
        be elected at each successive annual meeting of the corporation 
        with the term of office of each member of the board of 
        governors elected at an annual meeting expiring at the third 
        annual meeting following the annual meeting at which such 
        member was elected.
            ``(3) Term limits.--No person may serve as a member of the 
        board of governors for more than such number of terms of office 
        or years as may be provided in the bylaws.
    ``(c) Committees and Officers.--The board--
            ``(1) may appoint, from its own members, an executive 
        committee to exercise such powers of the board when the board 
        is not in session as may be provided in the bylaws;
            ``(2) may appoint such other committees or advisory 
        councils with such powers as may be provided in the bylaws or a 
        resolution of the board of governors;
            ``(3) shall appoint such officers of the corporation, 
        including a chief executive officer, with such duties, 
        responsibilities, and terms of office as may be provided in the 
        bylaws or a resolution of the board of governors; and
            ``(4) may remove members of the board of governors (other 
        than the chairman), officers, and employees under such 
        procedures as may be provided in the bylaws or a resolution of 
        the board of governors.
    ``(d) Advisory Council.--
            ``(1) Establishment.--There shall be an advisory council to 
        the board of governors.
            ``(2) Membership; appointment by president.--
                    ``(A) In general.--The advisory council shall be 
                composed of no fewer than 8 and no more than 10 
                members, each of whom shall be appointed by the 
                President from principal officers of the executive 
                departments and senior officers of the Armed Forces 
                whose positions and interests qualify them to 
                contribute to carrying out the programs and purposes of 
                the corporation.
                    ``(B) Members from the armed forces.--At least 1, 
                but not more than 3, of the members of the advisory 
                council shall be selected from the Armed Forces.
            ``(3) Duties.--The advisory council shall advise, report 
        directly to, and meet, at least 1 time per year with the board 
        of governors, and shall have such name, functions and be 
        subject to such procedures as may be provided in the bylaws.
    ``(e) Action Without Meeting.--Any action required or permitted to 
be taken at any meeting of the board of governors or of any committee 
thereof may be taken without a meeting if all members of the board or 
committee, as the case may be, consent thereto in writing, or by 
electronic transmission and the writing or writings or electronic 
transmission or transmissions are filed with the minutes of proceedings 
of the board or committee. Such filing shall be in paper form if the 
minutes are maintained in paper form and shall be in electronic form if 
the minutes are maintained in electronic form.
    ``(f) Voting by Proxy.--
            ``(1) In general.--Voting by proxy is not allowed at any 
        meeting of the board, at the annual meeting, or at any meeting 
        of a chapter.
            ``(2) Exception.--The board may allow the election of 
        governors by proxy during any emergency.
    ``(g) Bylaws.--
            ``(1) In general.--The board of governors may--
                    ``(A) at any time adopt bylaws; and
                    ``(B) at any time adopt bylaws to be effective only 
                in an emergency.
            ``(2) Emergency bylaws.--Any bylaws adopted pursuant to 
        paragraph (1)(B) may provide special procedures necessary for 
        managing the corporation during the emergency. All provisions 
        of the regular bylaws consistent with the emergency bylaws 
        remain effective during the emergency.
    ``(h) Definitions.--For purposes of this section--
            ``(1) the term `entire board' means the total number of 
        members of the board of governors that the corporation would 
        have if there were no vacancies; and
            ``(2) the term `emergency' shall have such meaning as may 
        be provided in the bylaws.''.

SEC. 1807. POWERS.

    Paragraph (a)(1) of section 300105 of title 36, United States Code, 
is amended by striking ``bylaws'' and inserting ``policies''.

SEC. 1808. ANNUAL MEETING.

    Section 300107 of title 36, United States Code, is amended to read 
as follows:
``Sec. 300107. Annual meeting
    ``(a) In General.--The annual meeting of the corporation is the 
annual meeting of delegates of the chapters.
    ``(b) Time of Meeting.--The annual meeting shall be held as 
determined by the board of governors.
    ``(c) Place of Meeting.--The board of governors is authorized to 
determine that the annual meeting shall not be held at any place, but 
may instead be held solely by means of remote communication subject to 
such procedures as are provided in the bylaws.
    ``(d) Voting.--
            ``(1) In general.--In matters requiring a vote at the 
        annual meeting, each chapter is entitled to at least 1 vote, 
        and voting on all matters may be conducted by mail, telephone, 
        telegram, cablegram, electronic mail, or any other means of 
        electronic or telephone transmission, provided that the person 
        voting shall state, or submit information from which it can be 
        determined, that the method of voting chosen was authorized by 
        such person.
            ``(2) Establishment of number of votes.--
                    ``(A) In general.--The board of governors shall 
                determine on an equitable basis the number of votes 
                that each chapter is entitled to cast, taking into 
                consideration the size of the membership of the 
                chapters, the populations served by the chapters, and 
                such other factors as may be determined by the board.
                    ``(B) Periodic review.--The board of governors 
                shall review the allocation of votes at least every 5 
                years.''.

SEC. 1809. ENDOWMENT FUND.

    Section 300109 of title 36, United States Code is amended--
            (1) by striking ``nine'' from the first sentence thereof; 
        and
            (2) by striking the second sentence and inserting the 
        following: ``The corporation shall prescribe policies and 
        regulations on terms and tenure of office, accountability, and 
        expenses of the board of trustees.''.

SEC. 1810. ANNUAL REPORT AND AUDIT.

    Subsection (a) of section 300110 of title 36, United States Code, 
is amended to read as follows:
    ``(a) Submission of Report.--As soon as practicable after the end 
of the corporation's fiscal year, which may be changed from time to 
time by the board of governors, the corporation shall submit a report 
to the Secretary of Defense on the activities of the corporation during 
such fiscal year, including a complete, itemized report of all receipts 
and expenditures.''.

SEC. 1811. COMPTROLLER GENERAL OF THE UNITED STATES AND OFFICE OF THE 
              OMBUDSMAN.

    (a) In General.--Chapter 3001 of title 36, United States Code, is 
amended by redesignating section 300111 as section 300113 and by 
inserting after section 300110 the following new sections:
``Sec. 300111. Authority of the Comptroller General of the United 
              States
    ``The Comptroller General of the United States is authorized to 
review the corporation's involvement in any Federal program or activity 
the Government carries out under law.
``Sec. 300112. Office of the Ombudsman
    ``(a) Establishment.--The corporation shall establish an Office of 
the Ombudsman with such duties and responsibilities as may be provided 
in the bylaws or a resolution of the board of governors.
    ``(b) Report.--
            ``(1) In general.--The Office of the Ombudsman shall submit 
        annually to the appropriate Congressional committees a report 
        concerning any trends and systemic matters that the Office of 
        the Ombudsman has identified as confronting the corporation.
            ``(2) Appropriate congressional committees.--For purposes 
        of paragraph (1), the appropriate Congressional committees are 
        the following committees of Congress:
                    ``(A) Senate committees.--The appropriate 
                Congressional committees of the Senate are--
                            ``(i) the Committee on Finance;
                            ``(ii) the Committee on Foreign Relations;
                            ``(iii) the Committee on Health, Education, 
                        Labor, and Pensions;
                            ``(iv) the Committee on Homeland Security 
                        and Governmental Affairs; and
                            ``(v) the Committee on the Judiciary.
                    ``(B) House committees.--The appropriate 
                Congressional committees of the House of 
                Representatives are--
                            ``(i) the Committee on Energy and Commerce;
                            ``(ii) the Committee on Foreign Affairs;
                            ``(iii) the Committee on Homeland Security;
                            ``(iv) the Committee on the Judiciary; and
                            ``(v) the Committee on Ways and Means.''.
    (b) Clerical Amendment.--The table of sections for chapter 3001 of 
title 36, United States Code, is amended by striking the item relating 
to section 300111 and inserting the following:

``300111. Authority of the Comptroller General of the United States.
``300112. Office of the Ombudsman.
``300113. Reservation of right to amend or repeal.''.

              TITLE XIX--ADVANCEMENT OF DEMOCRATIC VALUES

SEC. 1901. SHORT TITLE.

    This title may be cited as the ``Advance Democratic Values, Address 
Non-democratic Countries, and Enhance Democracy Act of 2007'' or the 
``ADVANCE Democracy Act of 2007''.

SEC. 1902. FINDINGS.

    Congress finds that in order to support the expansion of freedom 
and democracy in the world, the foreign policy of the United States 
should be organized in support of transformational diplomacy that seeks 
to work through partnerships to build and sustain democratic, well-
governed states that will respect human rights and respond to the needs 
of their people and conduct themselves responsibly in the international 
system.

SEC. 1903. STATEMENT OF POLICY.

    It should be the policy of the United States--
            (1) to promote freedom and democracy in foreign countries 
        as a fundamental component of the foreign policy of the United 
        States;
            (2) to affirm internationally recognized human rights 
        standards and norms and to condemn offenses against those 
        rights;
            (3) to use instruments of United States influence to 
        support, promote, and strengthen democratic principles, 
        practices, and values, including the right to free, fair, and 
        open elections, secret balloting, and universal suffrage;
            (4) to protect and promote fundamental freedoms and rights, 
        including the freedom of association, of expression, of the 
        press, and of religion, and the right to own private property;
            (5) to protect and promote respect for and adherence to the 
        rule of law;
            (6) to provide appropriate support to nongovernmental 
        organizations working to promote freedom and democracy;
            (7) to provide political, economic, and other support to 
        countries that are willingly undertaking a transition to 
        democracy;
            (8) to commit to the long-term challenge of promoting 
        universal democracy; and
            (9) to strengthen alliances and relationships with other 
        democratic countries in order to better promote and defend 
        shared values and ideals.

SEC. 1904. DEFINITIONS.

    In this title:
            (1) Annual report on advancing freedom and democracy.--The 
        term ``Annual Report on Advancing Freedom and Democracy'' 
        refers to the annual report submitted to Congress by the 
        Department of State pursuant to section 665(c) of the Foreign 
        Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
        228; 22 U.S.C. 2151n note), in which the Department reports on 
        actions taken by the United States Government to encourage 
        respect for human rights and democracy.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of State for Democracy, Human 
        Rights, and Labor.
            (3) Community of democracies and community.--The terms 
        ``Community of Democracies'' and ``Community'' mean the 
        association of democratic countries committed to the global 
        promotion of democratic principles, practices, and values, 
        which held its First Ministerial Conference in Warsaw, Poland, 
        in June 2000.
            (4) Department.--The term ``Department'' means the 
        Department of State.
            (5) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of State for Democracy and Global Affairs.

  Subtitle A--Liaison Officers and Fellowship Program to Enhance the 
                         Promotion of Democracy

SEC. 1911. DEMOCRACY LIAISON OFFICERS.

    (a) In General.--The Secretary of State shall establish and staff 
Democracy Liaison Officer positions, under the supervision of the 
Assistant Secretary, who may be assigned to the following posts:
            (1) United States missions to, or liaison with, regional 
        and multilateral organizations, including the United States 
        missions to the European Union, African Union, Organization of 
        American States and any other appropriate regional 
        organization, Organization for Security and Cooperation in 
        Europe, the United Nations and its relevant specialized 
        agencies, and the North Atlantic Treaty Organization.
            (2) Regional public diplomacy centers of the Department.
            (3) United States combatant commands.
            (4) Other posts as designated by the Secretary of State.
    (b) Responsibilities.--Each Democracy Liaison Officer should--
            (1) provide expertise on effective approaches to promote 
        and build democracy;
            (2) assist in formulating and implementing strategies for 
        transitions to democracy; and
            (3) carry out other responsibilities as the Secretary of 
        State and the Assistant Secretary may assign.
    (c) New Positions.--The Democracy Liaison Officer positions 
established under subsection (a) should be new positions that are in 
addition to existing officer positions with responsibility for other 
human rights and democracy related issues and programs.
    (d) Relationship to Other Authorities.--Nothing in this section may 
be construed as removing any authority or responsibility of a chief of 
mission or other employee of a diplomatic mission of the United States 
provided under any other provision of law, including any authority or 
responsibility for the development or implementation of strategies to 
promote democracy.

SEC. 1912. DEMOCRACY FELLOWSHIP PROGRAM.

    (a) Requirement for Program.--The Secretary of State shall 
establish a Democracy Fellowship Program to enable Department officers 
to gain an additional perspective on democracy promotion abroad by 
working on democracy issues in congressional committees with oversight 
over the subject matter of this title, including the Committee on 
Foreign Relations and the Committee on Appropriations of the Senate and 
the Committee on Foreign Affairs and the Committee on Appropriations of 
the House of Representatives, and in nongovernmental organizations 
involved in democracy promotion.
    (b) Selection and Placement.--The Assistant Secretary shall play a 
central role in the selection of Democracy Fellows and facilitate their 
placement in appropriate congressional offices and nongovernmental 
organizations.
    (c) Exception.--A Democracy Fellow may not be assigned to any 
congressional office until the Secretary of Defense certifies to the 
Committee on Armed Services and the Committee on Foreign Relations of 
the Senate and the Committee on Armed Services and the Committee on 
Foreign Affairs of the House of Representatives that the request of the 
Commander of the United States Central Command for the Department of 
State for personnel and foreign service officers has been fulfilled.

SEC. 1913. TRANSPARENCY OF UNITED STATES BROADCASTING TO ASSIST IN 
              OVERSIGHT AND ENSURE PROMOTION OF HUMAN RIGHTS AND 
              DEMOCRACY IN INTERNATIONAL BROADCASTS.

    (a) Transcripts.--The Broadcasting Board of Governors shall 
transcribe into English all original broadcasting content.
    (b) Public Transparency.--The Broadcasting Board of Governors shall 
post all English transcripts from its broadcasting content on a 
publicly available website within 30 days of the original broadcast.
    (c) Broadcasting Content Defined.--In this section, the term 
``broadcasting content'' includes programming produced or broadcast by 
United State international broadcasters, including--
            (1) Voice of America;
            (2) Alhurra;
            (3) Radio Sawa;
            (4) Radio Farda;
            (5) Radio Free Europe/Radio Liberty;
            (6) Radio Free Asia; and
            (7) The Office of Cuba Broadcasting.

      Subtitle B--Annual Report on Advancing Freedom and Democracy

SEC. 1921. ANNUAL REPORT.

    (a) Report Title.--Section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 U.S.C. 
2151n note) is amended in the first sentence by inserting ``entitled 
the Advancing Freedom and Democracy Report'' before the period at the 
end.
    (b) Schedule for Submission.--If a report entitled the Advancing 
Freedom and Democracy Report pursuant to section 665(c) of the Foreign 
Relations Authorization Act, Fiscal Year 2003, as amended by subsection 
(a), is submitted under such section, such report shall be submitted 
not later than 90 days after the date of submission of the report 
required by section 116(d) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2151n(d)).
    (c) Conforming Amendment.--Section 665(c) of the Foreign Relations 
Authorization Act, Fiscal Year 2003 (Public Law 107-228; 2151n note) is 
amended by striking ``30 days'' and inserting ``90 days''.

SEC. 1922. SENSE OF CONGRESS ON TRANSLATION OF HUMAN RIGHTS REPORTS.

    It is the sense of Congress that the Secretary of State should 
continue to ensure and expand the timely translation of Human Rights 
and International Religious Freedom reports and the Annual Report on 
Advancing Freedom and Democracy prepared by personnel of the Department 
of State into the principal languages of as many countries as possible. 
Translations are welcomed because information on United States support 
for universal enjoyment of freedoms and rights serves to encourage 
individuals around the globe seeking to advance the cause of freedom in 
their countries.

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

SEC. 1931. ADVISORY COMMITTEE ON DEMOCRACY PROMOTION.

    Congress commends the Secretary of State for creating an Advisory 
Committee on Democracy Promotion, and it is the sense of Congress that 
the Committee should play a significant role in the Department's 
transformational diplomacy by advising the Secretary of State regarding 
United States efforts to promote democracy and democratic transition in 
connection with the formulation and implementation of United States 
foreign policy and foreign assistance.

SEC. 1932. SENSE OF CONGRESS ON THE INTERNET WEBSITE OF THE DEPARTMENT 
              OF STATE.

    It is the sense of Congress that--
            (1) the Secretary of State should continue and further 
        expand the Secretary's existing efforts to inform the public in 
        foreign countries of the efforts of the United States to 
        promote democracy and defend human rights through the Internet 
        website of the Department of State;
            (2) the Secretary of State should continue to enhance the 
        democracy promotion materials and resources on that Internet 
        website, as such enhancement can benefit and encourage those 
        around the world who seek freedom; and
            (3) such enhancement should include where possible and 
        practical, translated reports on democracy and human rights 
        prepared by personnel of the Department, narratives and 
        histories highlighting successful nonviolent democratic 
        movements, and other relevant material.

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

SEC. 1941. SENSE OF CONGRESS ON TRAINING IN DEMOCRACY AND HUMAN RIGHTS.

    It is the sense of Congress that--
            (1) the Secretary of State should continue to enhance and 
        expand the training provided to foreign service officers and 
        civil service employees on how to strengthen and promote 
        democracy and human rights; and
            (2) the Secretary of State should continue the effective 
        and successful use of case studies and practical workshops 
        addressing potential challenges, and work with non-state 
        actors, including nongovernmental organizations that support 
        democratic principles, practices, and values.

SEC. 1942. SENSE OF CONGRESS ON ADVANCE DEMOCRACY AWARD.

    It is the sense of Congress that--
            (1) the Secretary of State should further strengthen the 
        capacity of the Department to carry out result-based democracy 
        promotion efforts through the establishment of awards and other 
        employee incentives, including the establishment of an annual 
        award known as Outstanding Achievements in Advancing Democracy, 
        or the ADVANCE Democracy Award, that would be awarded to 
        officers or employees of the Department; and
            (2) the Secretary of State should establish the procedures 
        for selecting recipients of such award, including any financial 
        terms, associated with such award.

SEC. 1943. PROMOTIONS.

    The precepts for selection boards responsible for recommending 
promotions of foreign service officers, including members of the senior 
foreign service, should include consideration of a candidate's 
experience or service in promotion of human rights and democracy.

SEC. 1944. PROGRAMS BY UNITED STATES MISSIONS IN FOREIGN COUNTRIES AND 
              ACTIVITIES OF CHIEFS OF MISSION.

    It is the sense of Congress that each chief of mission should 
provide input on the actions described in the Advancing Freedom and 
Democracy Report submitted under section 665(c) of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228; 22 
U.S.C. 2151n note), as amended by section 1621, and should intensify 
democracy and human rights promotion activities.

            Subtitle E--Alliances With Democratic Countries

SEC. 1951. ALLIANCES WITH DEMOCRATIC COUNTRIES.

    (a) Establishment of an Office for the Community of Democracies.--
The Secretary of State should, and is authorized to, establish an 
Office for the Community of Democracies with the mission to further 
develop and strengthen the institutional structure of the Community of 
Democracies, develop interministerial projects, enhance the United 
Nations Democracy Caucus, manage policy development of the United 
Nations Democracy Fund, and enhance coordination with other regional 
and multilateral bodies with jurisdiction over democracy issues.
    (b) Sense of Congress on International Center for Democratic 
Transition.--It is the sense of Congress that the International Center 
for Democratic Transition, an initiative of the Government of Hungary, 
serves to promote practical projects and the sharing of best practices 
in the area of democracy promotion and should be supported by, in 
particular, other European countries with experiences in democratic 
transitions, the United States, and private individuals.

             Subtitle F--Funding for Promotion of Democracy

SEC. 1961. SENSE OF CONGRESS ON THE UNITED NATIONS DEMOCRACY FUND.

    It is the sense of Congress that the United States should work with 
other countries to enhance the goals and work of the United Nations 
Democracy Fund, an essential tool to promote democracy, and in 
particular support civil society in their efforts to help consolidate 
democracy and bring about transformational change.

SEC. 1962. THE HUMAN RIGHTS AND DEMOCRACY FUND.

    The purpose of the Human Rights and Democracy Fund should be to 
support innovative programming, media, and materials designed to uphold 
democratic principles, support and strengthen democratic institutions, 
promote human rights and the rule of law, and build civil societies in 
countries around the world.

            Passed the Senate March 13, 2007.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                                  S. 4

_______________________________________________________________________

                                 AN ACT

   To make the United States more secure by implementing unfinished 
recommendations of the 9/11 Commission to fight the war on terror more 
   effectively, to improve homeland security, and for other purposes.