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






                                                        Calendar No. 57
110th CONGRESS
  1st Session
                                  S. 4

   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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2007

   Mr. Reid (for himself, Mr. Lieberman, Ms. Collins, Mr. Leahy, Mr. 
  Schumer, Ms. Cantwell, Mr. Lautenberg, Ms. Stabenow, Mr. Webb, Mr. 
    Menendez, Ms. Landrieu, Mrs. Boxer, Mr. Dorgan, Mr. Brown, Ms. 
Klobuchar, and Mr. Casey) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

                           February 23, 2007

  Reported under authority of the order of the Senate of February 17, 
               2007, by Mr. Lieberman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Improving America's 
Security by Implementing Unfinished Recommendations of the 9/11 
Commission Act of 2007''.</DELETED>

<DELETED>SEC. 2. SENSE OF CONGRESS.</DELETED>

<DELETED>    It is the sense of Congress that Congress should enact, 
and the President should sign, legislation to make the United States 
more secure by implementing unfinished recommendations of the 9/11 
Commission to fight the war on terror more effectively and to improve 
homeland security.</DELETED>

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.

    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. 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--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

Sec. 401. Modernization of the visa waiver program.
Sec. 402. Strengthening the capabilities of the Human Smuggling and 
                            Trafficking Center.
Sec. 403. Enhancements to the Terrorist Travel Program.
Sec. 404. Enhanced driver's license.
Sec. 405. Western Hemisphere Travel Initiative.

              TITLE V--PRIVACY AND CIVIL LIBERTIES MATTERS

Sec. 501. Modification of authorities relating to Privacy and Civil 
                            Liberties Oversight Board.
Sec. 502. Privacy and civil liberties officers.
Sec. 503. Department Privacy Officer.
Sec. 504. Federal Agency Data Mining Reporting Act of 2007.

    TITLE VI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

Sec. 601. National Biosurveillance Integration Center.
Sec. 602. Biosurveillance efforts.
Sec. 603. Interagency coordination to enhance defenses against nuclear 
                            and radiological weapons of mass 
                            destruction.

                 TITLE VII--PRIVATE SECTOR PREPAREDNESS

Sec. 701. Definitions.
Sec. 702. Responsibilities of the private sector office of the 
                            Department.
Sec. 703. Voluntary national preparedness standards compliance; 
                            accreditation and certification program for 
                            the private sector.
Sec. 704. Sense of Congress regarding promoting an international 
                            standard for private sector preparedness.
Sec. 705. Report to Congress.
Sec. 706. Rule of construction.

  TITLE VIII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

Sec. 801. Transportation security strategic planning.
Sec. 802. Transportation security information sharing.
Sec. 803. Transportation Security Administration personnel management.

                   TITLE IX--INCIDENT COMMAND SYSTEM

Sec. 901. Preidentifying and evaluating multijurisdictional facilities 
                            to strengthen incident command; private 
                            sector preparedness.
Sec. 902. Credentialing and typing to strengthen incident command.

              TITLE X--CRITICAL INFRASTRUCTURE PROTECTION

Sec. 1001. Critical infrastructure protection.
Sec. 1002. Risk assessment and report.
Sec. 1003. Use of existing capabilities.

           TITLE XI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

Sec. 1101. Availability to public of certain intelligence funding 
                            information.
Sec. 1102. Response of intelligence community to requests from 
                            Congress.
Sec. 1103. Public Interest Declassification Board.

   TITLE XII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

Sec. 1201. Promoting antiterrorism capabilities through international 
                            cooperation.
Sec. 1202. Transparency of funds.

                  TITLE XIII--MISCELLANEOUS PROVISIONS

Sec. 1301. Deputy Secretary of Homeland Secretary for Management.
Sec. 1302. Sense of the Senate regarding combating domestic 
                            radicalization.
Sec. 1303. Sense of the Senate regarding oversight of homeland 
                            security.
Sec. 1304. Report regarding border security.

  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 develop curriculum for the training of 
State, local, and tribal government officials relating to the handling, 
review, and development of intelligence material.
    (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 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) 
        among Federal, State, tribal, and local 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; and
            ``(8) offer a variety of intelligence services and products 
        to recipients of fusion center intelligence and information.
    ``(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.

    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) Establishment.--There is established a Homeland Security 
Grant Program, which shall consist of--
            ``(1) the Urban Area Security Initiative established under 
        section 2003, or any successor thereto;
            ``(2) the State Homeland Security Grant Program established 
        under section 2004, or any successor thereto;
            ``(3) the Emergency Management Performance Grant Program 
        established under section 2005 or any successor thereto; and
            ``(4) the Emergency Communications and Interoperability 
        Grants Program established under section 1809, or any successor 
        thereto.
    ``(b) Grants Authorized.--The Secretary, through the Administrator, 
may award grants to State, local, and tribal governments under the 
Homeland Security Grant Program for the purposes of this title.
    ``(c) 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) Except as provided in subsection (d), all grant 
        programs authorized under the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), 
        including the Urban Search and Rescue Grant Program.
            ``(3) Grants to protect critical infrastructure, including 
        port security grants authorized under section 70107 of title 
        46, United States Code.
            ``(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.
    ``(d) Relationship to Other Laws.--
            ``(1) In general.--The Homeland Security Grant Program 
        shall supercede--
                    ``(A) all grant programs authorized under section 
                1014 of the USA PATRIOT Act (42 U.S.C. 3714); and
                    ``(B) the Emergency Management Performance Grant 
                authorized under the Robert T. Stafford Disaster Relief 
                and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 
                and section 662 of the Post-Katrina Emergency 
                Management Reform Act of 2006 (6 U.S.C. 762).
            ``(2) Program integrity.--Each grant program described 
        under paragraphs (1) through (4) of subsection (a) 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 the 
                Homeland Security 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.
    ``(e) 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 the Homeland Security Grant Program, 
                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; 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 1001 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.--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.
            ``(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.

``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 1001 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.

``SEC. 2005. EMERGENCY MANAGEMENT PERFORMANCE GRANTS PROGRAM.

    ``(a) Establishment.--There is established an Emergency Management 
Performance Grants Program to make grants to States to assist State, 
local, and tribal governments in preventing, preparing for, protecting 
against, responding to, recovering from, and mitigating against all 
hazards, including natural disasters, acts of terrorism, and other man-
made disasters.
    ``(b) 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.
    ``(c) 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.
    ``(d) Allowable Uses.--Grants awarded under this section may be 
used to achieve target capabilities, consistent with a State homeland 
security plan or a catastrophic incident annex developed under section 
613 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5196b) through--
            ``(1) any activity permitted under the Fiscal Year 2007 
        Program Guidance of the Department for Emergency Management 
        Performance Grants; and
            ``(2) any other activity approved by the Administrator that 
        will improve the capability of a State, local, or tribal 
        government in preventing, preparing for, protecting against, 
        responding to, recovering from, or mitigating against all 
        hazards, including natural disasters, acts of terrorism, and 
        other man-made disasters.
    ``(e) Cost Sharing.--
            ``(1) In general.--The Federal share of the costs of an 
        activity carried out with a grant under this section shall not 
        exceed 75 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.
    ``(f) 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 preventing, preparing for, protecting 
        against, responding to, recovering from, or mitigating against 
        all hazards, including natural disasters, acts of terrorism, 
        and other man-made disasters. Indian tribes shall be eligible 
        for funding directly from the States, and shall not be required 
        to seek funding from any local government.

``SEC. 2006. 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, or 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; 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. 2007. 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)(8) of the Robert T. Stafford 
                                Disaster Relief and Emergency 
                                Assistance Act (42 U.S.C. 5196(j)(8)); 
                                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).
            ``(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. 2008. 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 this title 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.
    ``(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. 2009. 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 the Homeland Security Grant Program.
                            ``(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. 2010. AUDITING.

    ``(a) Audit of Grants Under This Title.--
            ``(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.

``SEC. 2011. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Grants.--
            ``(1) In general.--There is authorized to be appropriated 
        for the Homeland Security Grant Program established under 
        section 2002 of this title for each of fiscal years 2008, 2009, 
        and 2010, $3,105,000,000, to be allocated as follows:
                    ``(A) For grants under the Urban Area Security 
                Initiative under section 2003, $1,278,639,000.
                    ``(B) For grants under the State Homeland Security 
                Grant Program established under section 2004, 
                $913,180,500.
                    ``(C) For grants under the Emergency Management 
                Performance Grant Program established under section 
                2005, $913,180,500.
            ``(2) Subsequent years.--There is authorized to be 
        appropriated for the Homeland Security Grant Program 
        established under section 2002 of this title such sums as are 
        necessary for fiscal year 2011 and each fiscal year thereafter.
    ``(b) Proportionate Allocation.--Regardless of the amount 
appropriated for the Homeland Security Grant Program in any fiscal 
year, the appropriated amount shall, in each fiscal year, be allocated 
among the grant programs under sections 2003, 2004, and 2005 in direct 
proportion to the amounts allocated under paragraph (a)(1) of this 
section.''.

SEC. 203. 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. Emergency Management Performance Grants Program.
``Sec. 2006. Terrorism prevention.
``Sec. 2007. Restrictions on use of funds.
``Sec. 2008. Administration and coordination.
``Sec. 2009. Accountability.
``Sec. 2010. Auditing.
``Sec. 2011. Authorization of appropriations.''.

       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.''.
            (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; and
            (8) identify and secure appropriate joint-use equipment to 
        ensure communications access.
    (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--ENHANCING SECURITY OF INTERNATIONAL TRAVEL

SEC. 401. 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 if--
                            ``(i) the country meets all security 
                        requirements of this section;
                            ``(ii) the Secretary of Homeland Security 
                        determines that the totality of the country's 
                        security risk mitigation measures provide 
                        assurance that the country's participation in 
                        the program would not compromise the law 
                        enforcement, security interests, or enforcement 
                        of the immigration laws of the United States;
                            ``(iii) there has been a sustained 
                        reduction in visa refusal rates for aliens from 
                        the country and conditions exist to continue 
                        such reduction; and
                            ``(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.
            ``(9) Discretionary security-related considerations.--
                    ``(A) In general.--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--
                            ``(i) airport security standards in the 
                        country;
                            ``(ii) whether the country assists in the 
                        operation of an effective air marshal program;
                            ``(iii) the standards of passports and 
                        travel documents issued by the country; and
                            ``(iv) other security-related factors.
                    ``(B) Overstay rates.--In determining whether to 
                permit a country to participate in the program, the 
                Secretary of Homeland Security shall consider the 
                estimated rate at which nationals of the country 
                violate the terms of their visas by remaining in the 
                United States after the expiration of such visas.''.
    (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 (f)(5), by striking ``of blank'' 
                and inserting ``or loss of''; and
                    (D) 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. 402. 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. 403. 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. 404. 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. 405. 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.

              TITLE V--PRIVACY AND CIVIL LIBERTIES MATTERS

SEC. 501. 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. 502. 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. 503. 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. 504. 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 query, 
        search, or other analysis 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 query, 
                search, or other analysis to discover or locate a 
                predictive pattern or anomaly indicative of terrorist 
                or criminal activity on the part of any individual or 
                individuals; and
                    (B) the query, search, or other analysis does 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.
            (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.
    (c) Reports on Data Mining Activities by Federal Agencies.--
            (1) Requirement for report.--The head of each department or 
        agency of the Federal Government that is engaged in any 
        activity to use or develop data mining shall submit a report to 
        Congress on all such activities of the department or agency 
        under the jurisdiction of that official. The report shall be 
        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 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 VI--ENHANCED DEFENSES AGAINST WEAPONS OF MASS DESTRUCTION

SEC. 601. 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. 602. 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. 603. 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 VII--PRIVATE SECTOR PREPAREDNESS

SEC. 701. 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. 702. 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. 703. 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, and each private sector advisory council created under 
section 102(f)(4), 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 the 
        American National Standards Institute and representatives of 
        appropriate voluntary consensus standards development 
        organizations and each private sector advisory council created 
        under section 102(f)(4)--
                    ``(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 needs of the insurance industry, 
                the credit-ratings industry, and other industries that 
                may consider preparedness of private sector entities, 
                to assess the preparedness of private sector entities; 
                and
                    ``(B) ensure the program accommodates those needs 
                where appropriate and feasible.
    ``(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) Voluntary Participation.--Certification under this section 
shall be voluntary for any private sector entity.
    ``(f) 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.
    ``(g) 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. 704. 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. 705. 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. 706. RULE OF CONSTRUCTION.

    Nothing in this title may be construed to supercede any 
preparedness or business continuity standards or requirements 
established under any other provision of Federal law.

  TITLE VIII--TRANSPORTATION SECURITY PLANNING AND INFORMATION SHARING

SEC. 801. 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,'' 
        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 and nonprofit 
                employee labor organizations'';
            (3) in subparagraph (E)--
                    (A) by striking ``response'' and inserting 
                ``prevention, response,''; and
                    (B) by inserting ``and threatened and executed acts 
                of terrorism outside the United States to the extent 
                such acts affect United States transportation systems'' 
                before the period at the end;
            (4) in subparagraph (F), by adding at the end the 
        following: ``Transportation security research and development 
        projects initiated by the Secretary of Homeland Security shall 
        be based on such prioritization.''; 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 
                of an adversely affected transportation system to its 
                normal performance level preceding 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 issues, 
                                        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
            (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 with Federal, State, and local agencies, tribal 
        governments, private sector entities (including nonprofit 
        employee labor organizations), institutions of higher learning, 
        and other appropriate entities.
            ``(7) Plan distribution.--The Secretary of Homeland 
        Security shall provide 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. 802. 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.
            ``(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;
                    ``(B) an assignment of a single point of contact 
                for and within the Department of Homeland Security for 
                its sharing of transportation security information with 
                public and private stakeholders;
                    ``(C) a demonstration of 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);
                    ``(D) a reasonable deadline by which the Plan will 
                be implemented; and
                    ``(E) 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 and support 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 an 
                annual survey of the satisfaction of each 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 annual 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, to the greatest 
        extent practicable, shall facilitate the security clearances 
        needed for public and private stakeholders to receive and 
        obtain access to classified information 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).
                    ``(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, including nonprofit employee labor 
                organizations.
                    ``(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 threats to and 
                vulnerabilities and consequences of 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 and the Committee on 
        Commerce, Science, and Transportation 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. 803. 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 803 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.

                   TITLE IX--INCIDENT COMMAND SYSTEM

SEC. 901. 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. 902. 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 703 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 703 of this Act, the following:

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

              TITLE X--CRITICAL INFRASTRUCTURE PROTECTION

SEC. 1001. 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.--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 may establish additional critical infrastructure and key 
resources priority lists by sector, including at a minimum the sectors 
named in Homeland Security Presidential Directive-7 as in effect on 
January 1, 2006.
    (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.--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.

SEC. 1002. 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, if the Department certifies in the applicable report 
        submitted under subsection (b) that the Department--
                    (A) reviewed the methodology and analysis of the 
                assessment upon which the Department relied; and
                    (B) determined that assessment is reliable.
    (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 to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on 
        Homeland Security of the House of Representatives a report 
        containing a 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 annex.--The report under this subsection may 
        contain a classified annex.

SEC. 1003. 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.

           TITLE XI--CONGRESSIONAL OVERSIGHT OF INTELLIGENCE

SEC. 1101. 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. 1102. 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. 1103. 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''.

   TITLE XII--INTERNATIONAL COOPERATION ON ANTITERRORISM TECHNOLOGIES

SEC. 1201. 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 601 
        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 601 of this Act, 
        the following:

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

SEC. 1202. 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 XIII--MISCELLANEOUS PROVISIONS

SEC. 1301. 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. 1302. 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. 1303. 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. 1304. 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 subsection (a) shall--
            (1) address the vulnerabilities along the northern border 
        of the United States; and
            (2) provide recommendations to address such 
        vulnerabilities, including required resources needed to protect 
        the northern border of the United States.
    (c) Government Accountability Office.--Not later than 270 days 
after the date of the submission of the report under subsection (a), 
the Comptroller General of the United States shall submit 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.
                                                        Calendar No. 57

110th CONGRESS

  1st Session

                                  S. 4

_______________________________________________________________________

                                 A BILL

   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.

_______________________________________________________________________

                           February 23, 2007

                       Reported with an amendment