[Congressional Record Volume 153, Number 34 (Wednesday, February 28, 2007)]
[Senate]
[Pages S2379-S2432]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 271. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill 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; as follows:

       Strike subsection (c) of section 401 and insert the 
     following:
       (c) Discretionary Visa Waiver Program Expansion.--Section 
     217(c) of the Immigration and Nationality Act (8 U.S.C. 
     1187(c)) is amended by adding at the end the following:
       ``(8) Nonimmigrant visa refusal rate flexibility.--
       ``(A) Certification.--On the date on which an air exit 
     system is in place that can verify the departure of not less 
     than 97 percent of foreign nationals that exit through 
     airports of the United States, the Secretary of Homeland 
     Security shall certify to Congress that such air exit system 
     is in place.
       ``(B) Waiver.--After certification by the Secretary under 
     subparagraph (A), the Secretary of Homeland Security, in 
     consultation with the Secretary of State, may waive the 
     application of paragraph (2)(A) for a country--
       ``(i) if the country meets all security requirements of 
     this section;
       ``(ii) if the Secretary of Homeland Security determines 
     that the totality of the country's security risk mitigation 
     measures provide assurance that the country's participation 
     in the program would not compromise the law enforcement, 
     security interests, or enforcement of the immigration laws of 
     the United States;
       ``(iii) if there has been a sustained reduction in the rate 
     of refusals for nonimmigrant visitor visas for nationals of 
     the country and conditions exist to continue such reduction;
       ``(iv) the country cooperated with the Government of the 
     United States on counterterrorism initiatives and information 
     sharing before the date of its designation as a program 
     country, and the Secretary of Homeland Security and the 
     Secretary of State expect such cooperation will continue; and
       ``(v)(I) if the rate of refusals for nonimmigrant visitor 
     visas for nationals of the country during the previous full 
     fiscal year was not more than 10 percent; or
       ``(II) if the visa overstay rate for the country for the 
     previous full fiscal year does not exceed the maximum visa 
     overstay rate, once it is established under subparagraph (C).
       ``(C) Maximum visa overstay rate.--
       ``(i) Requirement to establish.--After certification by the 
     Secretary under subparagraph (A), the Secretary of Homeland 
     Security and the Secretary of State jointly

[[Page S2380]]

     shall use information from the air exit system referred to in 
     subparagraph (A) to establish a maximum visa overstay rate 
     for countries participating in the program pursuant to a 
     waiver under subparagraph (B).
       ``(ii) Visa overstay rate defined.--In this paragraph the 
     term `visa overstay rate' means, with respect to a country, 
     the ratio of--

       ``(I) the total number of nationals of that country who 
     were admitted to the United States on the basis of a 
     nonimmigrant visitor visa for which the period of stay 
     authorized by such visa ended during a fiscal year and who 
     remained in the United States unlawfully beyond the such 
     period of stay; to
       ``(II) the total number of nationals of that country who 
     were admitted to the United States on the basis of a 
     nonimmigrant visitor visa for which the period of stay 
     authorized by such visa ended during such fiscal year.

       ``(iii) Report and publication.--Secretary of Homeland 
     Security shall submit to Congress and publish in the Federal 
     Register a notice of the maximum visa overstay rate proposed 
     to be established under clause (i). Not less than 60 days 
     after the date such notice is submitted and published, the 
     Secretary shall issue a final maximum visa overstay rate.
       ``(9) Discretionary security-related considerations.--In 
     determining whether to waive the application of paragraph 
     (2)(A) for a country, pursuant to paragraph (8), the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of State, shall take into consideration other 
     factors affecting the security of the United States, 
     including--
       ``(A) airport security standards in the country;
       ``(B) whether the country assists in the operation of an 
     effective air marshal program;
       ``(C) the standards of passports and travel documents 
     issued by the country; and
       ``(D) other security-related factors.''.
                                 ______
                                 
  SA 272. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SHARING OF SOCIAL SECURITY DATA FOR IMMIGRATION 
                   ENFORCEMENT PURPOSES.

       (a) Social Security Account Numbers.--Section 264(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended 
     to read as follows:
       ``(f) Notwithstanding any other provision of law (including 
     section 6103 of the Internal Revenue Code of 1986), the 
     Secretary of Homeland Security, the Secretary of Labor, and 
     the Attorney General are authorized to require an individual 
     to provide the individual's social security account number 
     for purposes of inclusion in any record of the individual 
     maintained by either such Secretary or the Attorney General, 
     or of inclusion in any application, document, or form 
     provided under or required by the immigration laws.''.
       (b) Exchange of Information.--Section 290(c) of the 
     Immigration and Nationality Act (8 U.S.C. 1360(c)) is amended 
     by striking paragraph (2) and inserting the following new 
     paragraphs:
       ``(2)(A) Notwithstanding any other provision of law 
     (including section 6103 of the Internal Revenue Code of 
     1986), if earnings are reported on or after January 1, 1997, 
     to the Social Security Administration on a social security 
     account number issued to an alien not authorized to work in 
     the United States, the Commissioner of Social Security shall 
     provide the Secretary of Homeland Security with information 
     regarding the name, date of birth, and address of the alien, 
     the name and address of the person reporting the earnings, 
     and the amount of the earnings.
       ``(B) The information described in subparagraph (A) shall 
     be provided in an electronic form agreed upon by the 
     Commissioner and the Secretary.
       ``(3)(A) Notwithstanding any other provision of law 
     (including section 6103 of the Internal Revenue Code of 
     1986), if a social security account number was used with 
     multiple names, the Commissioner of Social Security shall 
     provide the Secretary of Homeland Security with information 
     regarding the name, date of birth, and address of each 
     individual who used that social security account number, and 
     the name and address of the person reporting the earnings for 
     each individual who used that social security account number.
       ``(B) The information described in subparagraph (A) shall 
     be provided in an electronic form agreed upon by the 
     Commissioner and the Secretary for the sole purpose of 
     enforcing the immigration laws.
       ``(C) The Secretary, in consultation with the Commissioner, 
     may limit or modify the requirements of this paragraph, as 
     appropriate, to identify the cases posing the highest 
     possibility of fraudulent use of social security account 
     numbers related to violation of the immigration laws.
       ``(4)(A) Notwithstanding any other provision of law 
     (including section 6103 of the Internal Revenue Code of 
     1986), if more than one person reports earnings for an 
     individual during a single tax year, the Commissioner of 
     Social Security shall provide the Secretary of Homeland 
     Security information regarding the name, date of birth, and 
     address of the individual, and the name and address of the 
     each person reporting earnings for that individual.
       ``(B) The information described in subparagraph (A) shall 
     be provided in an electronic form agreed upon by the 
     Commissioner and the Secretary for the sole purpose of 
     enforcing the immigration laws.
       ``(C) The Secretary, in consultation with the Commissioner, 
     may limit or modify the requirements of this paragraph, as 
     appropriate, to identify the cases posing the highest 
     possibility of fraudulent use of social security account 
     numbers related to violation of the immigration laws.
       ``(5)(A) The Commissioner of Social Security shall perform, 
     at the request of the Secretary of Homeland Security, a 
     search or manipulation of records held by the Commissioner if 
     the Secretary certifies that the purpose of the search or 
     manipulation is to obtain information that is likely to 
     assist in identifying individuals (and their employers) who 
     are using false names or social security account numbers, who 
     are sharing a single valid name and social security account 
     number among multiple individuals, who are using the social 
     security account number of a person who is deceased, too 
     young to work, or not authorized to work, or who are 
     otherwise engaged in a violation of the immigration laws. The 
     Commissioner shall provide the results of such search or 
     manipulation to the Secretary, notwithstanding any other 
     provision law (including section 6103 of the Internal Revenue 
     Code of 1986).
       ``(B) The Secretary shall transfer to the Commissioner the 
     funds necessary to cover the costs directly incurred by the 
     Commissioner in carrying out each search or manipulation 
     requested by the Secretary under subparagraph (A).''.
       (c) False Claims of Citizenship by Nationals of the United 
     States.--Section 212(a)(6)(C)(ii)(I) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I)) is amended by 
     inserting ``or national'' after ``citizen''.
                                 ______
                                 
  SA 273. Mr. ALLARD (for himself and Mr. Salazar) submitted an 
amendment intended to be proposed by him to the bill 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; which was ordered to 
lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INCLUSION OF THE TRANSPORTATION TECHNOLOGY CENTER IN 
                   THE NATIONAL DOMESTIC PREPAREDNESS CONSORTIUM.

       The National Domestic Preparedness Consortium shall include 
     the Transportation Technology Center in Pueblo, Colorado.
                                 ______
                                 
  SA 274. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CABLE CARRIAGE OF TELEVISON BROADCAST SIGNALS.

       Part I of title III of the Communications Act of 1934 (47 
     U.S.C. 301 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 342. CARRIAGE OF SIGNALS TO CERTAIN TELEVISION MARKET 
                   AREAS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, each cable operator providing service in an eligible 
     area may elect to carry the primary signal of any network 
     station located in the capital of the State in which such 
     area is located.
       ``(b) Definitions.--As used in this section:
       ``(1) Eligible area.--The term `eligible area' means 1 of 2 
     counties that--
       ``(A) are all in a single State;
       ``(B) on the date of enactment of this section, were each 
     located in--
       ``(i) the 46th largest designated market area for the year 
     2005 according to Nielsen Media Research; and
       ``(ii) a designated market area comprised principally of 
     counties located in another State; and
       ``(C) as a group had a total number of television 
     households that when combined did not exceed 30,000 for the 
     year 2005 according to Nielsen Media Research.
       ``(2) Network station.--The term `network station' has the 
     same meaning as in section 119(d) of title 17, United States 
     Code.''.

     SEC. __. SATELLITE CARRIAGE OF TELEVISION BROADCAST SIGNALS.

       Section 119(a)(2)(C) of title 17, United States Code, is 
     amended--
       (1) by redesignating clause (v) as clause (vi);
       (2) by inserting after clause (v) the following:
       ``(v) Further additional stations.--If 2 adjacent counties 
     in a single State are in a local market comprised principally 
     of counties located in another State, the statutory

[[Page S2381]]

     license provided for in subparagraph (A) shall apply to the 
     secondary transmission by a satellite carrier to subscribers 
     in those 2 counties of the primary transmissions of any 
     network station located in the capital of the State in which 
     such 2 counties are located, if--

       ``(I) the 2 counties are located in the 46th largest 
     designated market area for the year 2005 according to Nielsen 
     Media Research; and
       ``(II) the total number of television households in the 2 
     counties combined did not exceed 30,000 for the year 2005 
     according to Nielsen Media Research.''; and

       (3) in clause (vi) as redesignated, by striking ``and 
     (iv)'' and inserting ``(iv), and (v)''.
                                 ______
                                 
  SA 275. Mr. REID (for himself, Mr. Lieberman, and Ms. Collins) 
proposed an amendment to the bill 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; which was ordered to lie on 
the table; as follows:

       Strike all after the enacting clause and insert the 
     following:

     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--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

Sec. 1301. Short title.

          Subtitle A--Surface Transportation and Rail Security

Sec. 1311. Definition.

                     PART I--Improved Rail Security

Sec. 1321. Rail transportation security risk assessment.
Sec. 1322. Systemwide Amtrak security upgrades.
Sec. 1323. Fire and life-safety improvements.
Sec. 1324. Freight and passenger rail security upgrades.
Sec. 1325. Rail security research and development.
Sec. 1326. Oversight and grant procedures.
Sec. 1327. Amtrak plan to assist families of passengers involved in 
              rail passenger accidents.
Sec. 1328. Northern border rail passenger report.
Sec. 1329. Rail worker security training program.
Sec. 1330. Whistleblower protection program.
Sec. 1331. High hazard material security risk mitigation plans.
Sec. 1332. Enforcement authority.
Sec. 1333. Rail security enhancements.
Sec. 1334. Public awareness.
Sec. 1335. Railroad high hazard material tracking.
Sec. 1336. Authorization of appropriations.

 PART II--Improved Motor Carrier, Bus, and Hazardous Material Security

Sec. 1341. Hazardous materials highway routing.
Sec. 1342. Motor carrier high hazard material tracking.
Sec. 1343. Memorandum of agreement.
Sec. 1344. Hazardous materials security inspections and enforcement.
Sec. 1345. Truck security assessment.
Sec. 1346. National public sector response system.
Sec. 1347. Over-the-road bus security assistance.
Sec. 1348. Pipeline security and incident recovery plan.
Sec. 1349. Pipeline security inspections and enforcement.
Sec. 1350. Technical corrections.
Sec. 1351. Certain personnel limitations not to apply.
Sec. 1352. Maritime and surface transportation security user fee study.

               Subtitle B--Aviation Security Improvement

Sec. 1361. Extension of authorization for aviation security funding.
Sec. 1362. Passenger aircraft cargo screening.
Sec. 1363. Blast-resistant cargo containers.
Sec. 1364. Protection of air cargo on passenger planes from explosives.
Sec. 1365. In-line baggage screening.
Sec. 1366. Enhancement of in-line baggage system deployment.
Sec. 1367. Research and development of aviation transportation security 
              technology.
Sec. 1368. Certain TSA personnel limitations not to apply.
Sec. 1369. Specialized training.
Sec. 1370. Explosive detection at passenger screening checkpoints.
Sec. 1371. Appeal and redress process for passengers wrongly delayed or 
              prohibited from boarding a flight.
Sec. 1372. Strategic plan to test and implement advanced passenger 
              prescreening system.
Sec. 1373. Repair station security.
Sec. 1374. General aviation security.

[[Page S2382]]

Sec. 1375. Security credentials for airline crews.
Sec. 1376. National explosives detection canine team training center.

           Subtitle C--Interoperable Emergency Communications

Sec. 1381. Interoperable emergency communications.
Sec. 1382. Rule of construction.
Sec. 1383. Cross border interoperability reports.
Sec. 1384. Extension of short quorum.

         TITLE XIV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Security assessments.
Sec. 1404. Security assistance grants.
Sec. 1405. Public transportation security training program.
Sec. 1406. Intelligence sharing.
Sec. 1407. Research, development, and demonstration grants and 
              contracts.
Sec. 1408. Reporting requirements.
Sec. 1409. Authorization of appropriations.
Sec. 1410. Sunset provision.

                   TITLE XV--MISCELLANEOUS PROVISIONS

Sec. 1501. Deputy Secretary of Homeland Secretary for Management.
Sec. 1502. Sense of the Senate regarding combating domestic 
              radicalization.
Sec. 1503. 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)--

[[Page S2383]]

       (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

[[Page S2384]]

     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

[[Page S2385]]

       ``(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--

[[Page S2386]]

       ``(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.

[[Page S2387]]

       ``(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

[[Page S2388]]

       ``(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.--

[[Page S2389]]

       ``(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--

[[Page S2390]]

       ``(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

[[Page S2391]]

     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;

[[Page S2392]]

       ``(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

[[Page S2393]]

       ``(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;

[[Page S2394]]

       (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

[[Page S2395]]

     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.''.

[[Page S2396]]

       (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.

[[Page S2397]]

       ``(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

[[Page S2398]]

     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

[[Page S2399]]

     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

[[Page S2400]]

     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.''.

[[Page S2401]]

                 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

[[Page S2402]]

     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

[[Page S2403]]

     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

[[Page S2404]]

     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:

[[Page S2405]]

     ``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

[[Page S2406]]

     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 ANTITER-RORISM 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

[[Page S2407]]

     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--TRANSPORTATION AND INTEROPERABLE COMMUNICATION CAPABILITIES

     SEC. 1301. SHORT TITLE.

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

          Subtitle A--Surface Transportation and Rail Security

     SEC. 1311. DEFINITION.

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

                     PART I--IMPROVED RAIL SECURITY

     SEC. 1321. RAIL TRANSPORTATION SECURITY RISK ASSESSMENT.

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

[[Page S2408]]

       (e) Funding.--Out of funds appropriated pursuant to section 
     114(u) of title 49, United States Code, as amended by section 
     1336 of this title, there shall be made available to the 
     Secretary to carry out this section $5,000,000 for fiscal 
     year 2008.

     SEC. 1322. SYSTEMWIDE AMTRAK SECURITY UPGRADES.

       (a) In General.--
       (1) Grants.--Subject to subsection (c) the Secretary, in 
     consultation with the Assistant Secretary of Homeland 
     Security (Transportation Security Administration), is 
     authorized to make grants to Amtrak in accordance with the 
     provisions of this section.
       (2) General purposes.--The Secretary may make such grants 
     for the purposes of--
       (A) protecting underwater and underground assets and 
     systems;
       (B) protecting high risk and high consequence assets 
     identified through system-wide risk assessments;
       (C) providing counter-terrorism training;
       (D) providing both visible and unpredictable deterrence; 
     and
       (E) conducting emergency preparedness drills and exercises.
       (3) Specific projects.--The Secretary shall make such 
     grants--
       (A) to secure major tunnel access points and ensure tunnel 
     integrity in New York, New Jersey, Maryland, and Washington, 
     DC;
       (B) to secure Amtrak trains;
       (C) to secure Amtrak stations;
       (D) to obtain a watch list identification system approved 
     by the Secretary;
       (E) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (F) to hire additional police officers, special agents, 
     security officers, including canine units, and to pay for 
     other labor costs directly associated with security and 
     terrorism prevention activities;
       (G) to expand emergency preparedness efforts; and
       (H) for employee security training.
       (b) Conditions.--The Secretary of Transportation shall 
     disburse funds to Amtrak provided under subsection (a) for 
     projects contained in a systemwide security plan approved by 
     the Secretary. Amtrak shall develop the security plan in 
     consultation with constituent States and other relevant 
     parties. The plan shall include appropriate measures to 
     address security awareness, emergency response, and passenger 
     evacuation training and shall be consistent with State 
     security plans to the maximum extent practicable.
       (c) Equitable Geographic Allocation.--The Secretary shall 
     ensure that, subject to meeting the highest security needs on 
     Amtrak's entire system and consistent with the risk 
     assessment required under section 1321, stations and 
     facilities located outside of the Northeast Corridor receive 
     an equitable share of the security funds authorized by this 
     section.
       (d) Availability of Funds.--
       (1) In general.--Out of funds appropriated pursuant to 
     section 114(u) of title 49, United States Code, as amended by 
     section 1336 of this title, there shall be made available to 
     the Secretary and the Assistant Secretary of Homeland 
     Security (Transportation Security Administration) to carry 
     out this section--
       (A) $63,500,000 for fiscal year 2008;
       (B) $30,000,000 for fiscal year 2009; and
       (C) $30,000,000 for fiscal year 2010.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.

     SEC. 1323. FIRE AND LIFE-SAFETY IMPROVEMENTS.

       (a) Life-Safety Needs.--The Secretary of Transportation, in 
     consultation with the Secretary, is authorized to make grants 
     to Amtrak for the purpose of making fire and life-safety 
     improvements to Amtrak tunnels on the Northeast Corridor in 
     New York, New Jersey, Maryland, and Washington, DC.
       (b) Authorization of Appropriations.--Out of funds 
     appropriated pursuant to section 1336(b) of this title, there 
     shall be made available to the Secretary of Transportation 
     for the purposes of carrying out subsection (a) the following 
     amounts:
       (1) For the 6 New York and New Jersey tunnels to provide 
     ventilation, electrical, and fire safety technology upgrades, 
     emergency communication and lighting systems, and emergency 
     access and egress for passengers--
       (A) $100,000,000 for fiscal year 2008;
       (B) $100,000,000 for fiscal year 2009;
       (C) $100,000,000 for fiscal year 2010; and
       (D) $100,000,000 for fiscal year 2011.
       (2) For the Baltimore & Potomac tunnel and the Union 
     tunnel, together, to provide adequate drainage, ventilation, 
     communication, lighting, and passenger egress upgrades--
       (A) $10,000,000 for fiscal year 2008;
       (B) $10,000,000 for fiscal year 2009;
       (C) $10,000,000 for fiscal year 2010; and
       (D) $10,000,000 for fiscal year 2011.
       (3) For the Washington, DC, Union Station tunnels to 
     improve ventilation, communication, lighting, and passenger 
     egress upgrades--
       (A) $8,000,000 for fiscal year 2008;
       (B) $8,000,000 for fiscal year 2009;
       (C) $8,000,000 for fiscal year 2010; and
       (D) $8,000,000 for fiscal year 2011.
       (c) Infrastructure Upgrades.--Out of funds appropriated 
     pursuant to section 1336(b) of this title, there shall be 
     made available to the Secretary of Transportation for fiscal 
     year 2008 $3,000,000 for the preliminary design of options 
     for a new tunnel on a different alignment to augment the 
     capacity of the existing Baltimore tunnels.
       (d) Availability of Appropriated Funds.--Amounts made 
     available pursuant to this section shall remain available 
     until expended.
       (e) Plans Required.--The Secretary of Transportation may 
     not make amounts available to Amtrak for obligation or 
     expenditure under subsection (a)--
       (1) until Amtrak has submitted to the Secretary, and the 
     Secretary has approved, an engineering and financial plan for 
     such projects; and
       (2) unless, for each project funded pursuant to this 
     section, the Secretary has approved a project management plan 
     prepared by Amtrak addressing appropriate project budget, 
     construction schedule, recipient staff organization, document 
     control and record keeping, change order procedure, quality 
     control and assurance, periodic plan updates, and periodic 
     status reports.
       (f) Review of Plans.--
       (1) In general.--The Secretary of Transportation shall 
     complete the review of the plans required by paragraphs (1) 
     and (2) of subsection (e) and approve or disapprove the plans 
     within 45 days after the date on which each such plan is 
     submitted by Amtrak.
       (2) Incomplete or deficient plan.--If the Secretary 
     determines that a plan is incomplete or deficient, the 
     Secretary shall notify Amtrak of the incomplete items or 
     deficiencies and Amtrak shall, within 30 days after receiving 
     the Secretary's notification, submit a modified plan for the 
     Secretary's review.
       (3) Approval of plan.--Within 15 days after receiving 
     additional information on items previously included in the 
     plan, and within 45 days after receiving items newly included 
     in a modified plan, the Secretary shall either approve the 
     modified plan, or, if the Secretary finds the plan is still 
     incomplete or deficient, the Secretary shall--
       (A) identify in writing to the Committee on Commerce, 
     Science, and Transportation of the Senate, and the Committee 
     on Transportation and Infrastructure and the Committee on 
     Homeland Security of the House of Representatives the 
     portions of the plan the Secretary finds incomplete or 
     deficient;
       (B) approve all other portions of the plan;
       (C) obligate the funds associated with those other 
     portions; and
       (D) execute an agreement with Amtrak within 15 days 
     thereafter on a process for resolving the remaining portions 
     of the plan.
       (g) Financial Contribution From Other Tunnel Users.--The 
     Secretary shall, taking into account the need for the timely 
     completion of all portions of the tunnel projects described 
     in subsection (a)--
       (1) consider the extent to which rail carriers other than 
     Amtrak use or plan to use the tunnels;
       (2) consider the feasibility of seeking a financial 
     contribution from those other rail carriers toward the costs 
     of the projects; and
       (3) obtain financial contributions or commitments from such 
     other rail carriers at levels reflecting the extent of their 
     use or planned use of the tunnels, if feasible.

     SEC. 1324. FREIGHT AND PASSENGER RAIL SECURITY UPGRADES.

       (a) Security Improvement Grants.--The Secretary, through 
     the Assistant Secretary of Homeland Security (Transportation 
     Security Administration) and other appropriate agencies or 
     officials, is authorized to make grants to freight railroads, 
     the Alaska Railroad, hazardous materials offerers, owners of 
     rail cars used in the transportation of hazardous materials, 
     universities, colleges and research centers, State and local 
     governments (for rail passenger facilities and infrastructure 
     not owned by Amtrak), and, through the Secretary of 
     Transportation, to Amtrak, for full or partial reimbursement 
     of costs incurred in the conduct of activities to prevent or 
     respond to acts of terrorism, sabotage, or other intercity 
     passenger rail and freight rail security risks identified 
     under section 1321, including--
       (1) security and redundancy for critical communications, 
     computer, and train control systems essential for secure rail 
     operations;
       (2) accommodation of rail cargo or passenger screening 
     equipment at the United States-Mexico border, the United 
     States-Canada border, or other ports of entry;
       (3) the security of hazardous material transportation by 
     rail;
       (4) secure intercity passenger rail stations, trains, and 
     infrastructure;
       (5) structural modification or replacement of rail cars 
     transporting high hazard materials to improve their 
     resistance to acts of terrorism;
       (6) employee security awareness, preparedness, passenger 
     evacuation, and emergency response training;
       (7) public security awareness campaigns for passenger train 
     operations;
       (8) the sharing of intelligence and information about 
     security threats;
       (9) to obtain train tracking and interoperable 
     communications systems that are coordinated to the maximum 
     extent possible;
       (10) to hire additional police and security officers, 
     including canine units; and
       (11) other improvements recommended by the report required 
     by section 1321, including infrastructure, facilities, and 
     equipment upgrades.
       (b) Accountability.--The Secretary shall adopt necessary 
     procedures, including audits, to ensure that grants made 
     under this section are expended in accordance with the

[[Page S2409]]

     purposes of this title and the priorities and other criteria 
     developed by the Secretary.
       (c) Allocation.--The Secretary shall distribute the funds 
     authorized by this section based on risk as determined under 
     section 1321, and shall encourage non-Federal financial 
     participation in projects funded by grants awarded under this 
     section. With respect to grants for intercity passenger rail 
     security, the Secretary shall also take into account 
     passenger volume and whether stations or facilities are used 
     by commuter rail passengers as well as intercity rail 
     passengers.
       (d) Conditions.--The Secretary of Transportation may not 
     disburse funds to Amtrak under subsection (a) unless Amtrak 
     meets the conditions set forth in section 1322(b) of this 
     title.
       (e) Allocation Between Railroads and Others.--Unless as a 
     result of the assessment required by section 1321 the 
     Secretary determines that critical rail transportation 
     security needs require reimbursement in greater amounts to 
     any eligible entity, no grants under this section may be made 
     cumulatively over the period authorized by this title--
       (1) in excess of $45,000,000 to Amtrak; or
       (2) in excess of $80,000,000 for the purposes described in 
     paragraphs (3) and (5) of subsection (a).
       (f) Authorization of Appropriations.--
       (1) In general.--Out of funds appropriated pursuant to 
     section 114(u) of title 49, United States Code, as amended by 
     section 1336 of this title, there shall be made available to 
     the Secretary to carry out this section--
       (A) $100,000,000 for fiscal year 2008;
       (B) $100,000,000 for fiscal year 2009; and
       (C) $100,000,000 for fiscal year 2010.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.

     SEC. 1325. RAIL SECURITY RESEARCH AND DEVELOPMENT.

       (a) Establishment of Research and Development Program.--The 
     Secretary, through the Under Secretary for Science and 
     Technology and the Assistant Secretary of Homeland Security 
     (Transportation Security Administration), in consultation 
     with the Secretary of Transportation shall carry out a 
     research and development program for the purpose of improving 
     freight and intercity passenger rail security that may 
     include research and development projects to--
       (1) reduce the risk of terrorist attacks on rail 
     transportation, including risks posed by explosives and 
     hazardous chemical, biological, and radioactive substances to 
     intercity rail passengers, facilities, and equipment;
       (2) test new emergency response techniques and 
     technologies;
       (3) develop improved freight rail security technologies, 
     including--
       (A) technologies for sealing rail cars;
       (B) automatic inspection of rail cars;
       (C) communication-based train controls; and
       (D) emergency response training;
       (4) test wayside detectors that can detect tampering with 
     railroad equipment;
       (5) support enhanced security for the transportation of 
     hazardous materials by rail, including--
       (A) technologies to detect a breach in a tank car or other 
     rail car used to transport hazardous materials and transmit 
     information about the integrity of cars to the train crew or 
     dispatcher;
       (B) research to improve tank car integrity, with a focus on 
     tank cars that carry high hazard materials (as defined in 
     section 1311 of this title); and
       (C) techniques to transfer hazardous materials from rail 
     cars that are damaged or otherwise represent an unreasonable 
     risk to human life or public safety; and
       (6) other projects that address risks identified under 
     section 1321.
       (b) Coordination With Other Research Initiatives.--The 
     Secretary shall ensure that the research and development 
     program authorized by this section is coordinated with other 
     research and development initiatives at the Department of 
     Homeland Security and the Department of Transportation. The 
     Secretary shall carry out any research and development 
     project authorized by this section through a reimbursable 
     agreement with the Secretary of Transportation, if the 
     Secretary of Transportation--
       (1) is already sponsoring a research and development 
     project in a similar area; or
       (2) has a unique facility or capability that would be 
     useful in carrying out the project.
       (c) Grants and Accountability.--To carry out the research 
     and development program, the Secretary may award grants to 
     the entities described in section 1324(a) and shall adopt 
     necessary procedures, including audits, to ensure that grants 
     made under this section are expended in accordance with the 
     purposes of this title and the priorities and other criteria 
     developed by the Secretary.
       (d) Authorization of Appropriations.--
       (1) In general.--Out of funds appropriated pursuant to 
     section 114(u) of title 49, United States Code, as amended by 
     section 1336 of this title, there shall be made available to 
     the Secretary to carry out this section--
       (A) $33,000,000 for fiscal year 2008;
       (B) $33,000,000 for fiscal year 2009; and
       (C) $33,000,000 for fiscal year 2010.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.

     SEC. 1326. OVERSIGHT AND GRANT PROCEDURES.

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

     SEC. 1327. AMTRAK PLAN TO ASSIST FAMILIES OF PASSENGERS 
                   INVOLVED IN RAIL PASSENGER ACCIDENTS.

       (a) In General.--Chapter 243 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 24316. Plans to address needs of families of 
       passengers involved in rail passenger accidents

       ``(a) Submission of Plan.--Not later than 6 months after 
     the date of the enactment of the Transportation Security and 
     Interoperable Communication Capabilities Act, Amtrak shall 
     submit to the Chairman of the National Transportation Safety 
     Board, the Secretary of Transportation, and the Secretary of 
     Homeland Security a plan for addressing the needs of the 
     families of passengers involved in any rail passenger 
     accident involving an Amtrak intercity train and resulting in 
     a loss of life.
       ``(b) Contents of Plans.--The plan to be submitted by 
     Amtrak under subsection (a) shall include, at a minimum, the 
     following:
       ``(1) A process by which Amtrak will maintain and provide 
     to the National Transportation Safety Board, the Secretary of 
     Transportation, and the Secretary of Homeland Security, 
     immediately upon request, a list (which is based on the best 
     available information at the time of the request) of the 
     names of the passengers aboard the train (whether or not such 
     names have been verified), and will periodically update the 
     list. The plan shall include a procedure, with respect to 
     unreserved trains and passengers not holding reservations on 
     other trains, for Amtrak to use reasonable efforts to 
     ascertain the number and names of passengers aboard a train 
     involved in an accident.
       ``(2) A plan for creating and publicizing a reliable, toll-
     free telephone number within 4 hours after such an accident 
     occurs, and for providing staff, to handle calls from the 
     families of the passengers.
       ``(3) A process for notifying the families of the 
     passengers, before providing any public notice of the names 
     of the passengers, by suitably trained individuals.
       ``(4) A process for providing the notice described in 
     paragraph (2) to the family of a passenger as soon as Amtrak 
     has verified that the passenger was aboard the train (whether 
     or not the names of all of the passengers have been 
     verified).
       ``(5) A process by which the family of each passenger will 
     be consulted about the disposition of all remains and 
     personal effects of the passenger within Amtrak's control; 
     that any possession of the passenger within Amtrak's control 
     will be returned to the family unless the possession is 
     needed for the accident investigation or any criminal 
     investigation; and that any unclaimed possession of a 
     passenger within Amtrak's control will be retained by the 
     rail passenger carrier for at least 18 months.
       ``(6) A process by which the treatment of the families of 
     nonrevenue passengers will be the same as the treatment of 
     the families of revenue passengers.
       ``(7) An assurance that Amtrak will provide adequate 
     training to its employees and agents to meet the needs of 
     survivors and family members following an accident.
       ``(c) Use of Information.--Neither the National 
     Transportation Safety Board, the Secretary of Transportation, 
     the Secretary of Homeland Security, nor Amtrak may release 
     any personal information on a list obtained under subsection 
     (b)(1) but may provide information on the list about a 
     passenger to the family of the passenger to the extent that 
     the Board or Amtrak considers appropriate.
       ``(d) Limitation on Liability.--Amtrak shall not be liable 
     for damages in any action brought in a Federal or State court 
     arising out of the performance of Amtrak under this section 
     in preparing or providing a passenger list, or in providing 
     information concerning a train reservation, pursuant to a 
     plan submitted by Amtrak under subsection (b), unless such 
     liability was caused by Amtrak's conduct.
       ``(e) Limitation on Statutory Construction.--Nothing in 
     this section may be construed as limiting the actions that 
     Amtrak may take, or the obligations that Amtrak may have, in 
     providing assistance to the families of passengers involved 
     in a rail passenger accident.
       ``(f) Funding.--Out of funds appropriated pursuant to 
     section 1336(b) of the Transportation Security and 
     Interoperable Communication Capabilities Act, there shall be

[[Page S2410]]

     made available to the Secretary of Transportation for the use 
     of Amtrak $500,000 for fiscal year 2008 to carry out this 
     section. Amounts made available pursuant to this subsection 
     shall remain available until expended.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     243 of title 49, United States Code, is amended by adding at 
     the end the following:

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

     SEC. 1328. NORTHERN BORDER RAIL PASSENGER REPORT.

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

     SEC. 1329. RAIL WORKER SECURITY TRAINING PROGRAM.

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

     SEC. 1330. WHISTLEBLOWER PROTECTION PROGRAM.

       (a) In General.--Subchapter A of chapter 201 of title 49, 
     United States Code, is amended by inserting after section 
     20117 the following:

     ``Sec. 20118. Whistleblower protection for rail Security 
       matters

       ``(a) Discrimination Against Employee.--A railroad carrier 
     engaged in interstate or foreign commerce may not discharge 
     or in any way discriminate against an employee because the 
     employee, whether acting for the employee or as a 
     representative, has--
       ``(1) provided, caused to be provided, or is about to 
     provide or cause to be provided, to the employer or the 
     Federal Government information relating to a reasonably 
     perceived threat, in good faith, to security;
       ``(2) provided, caused to be provided, or is about to 
     provide or cause to be provided, testimony before Congress or 
     at any Federal or State proceeding regarding a reasonably 
     perceived threat, in good faith, to security; or
       ``(3) refused to violate or assist in the violation of any 
     law, rule or regulation related to rail security.
       ``(b) Dispute Resolution.--A dispute, grievance, or claim 
     arising under this section is subject to resolution under 
     section 3 of the Railway Labor Act (45 U.S.C. 153). In a 
     proceeding by the National Railroad Adjustment Board, a 
     division or delegate of the Board, or another board of 
     adjustment established under section 3 to resolve the 
     dispute, grievance, or claim the proceeding shall be 
     expedited and the dispute, grievance, or claim shall be 
     resolved not later than 180 days after it is filed. If the 
     violation is a form of discrimination that does not involve 
     discharge, suspension, or another action affecting pay, and 
     no other remedy is available under this subsection, the 
     Board, division, delegate, or other board of adjustment may 
     award the employee reasonable damages, including punitive 
     damages, of not more than $20,000.
       ``(c) Procedural Requirements.--Except as provided in 
     subsection (b), the procedure set forth in section 
     42121(b)(2)(B) of this subtitle, including the burdens of 
     proof, applies to any complaint brought under this section.
       ``(d) Election of Remedies.--An employee of a railroad 
     carrier may not seek protection under both this section and 
     another provision of law for the same allegedly unlawful act 
     of the carrier.
       ``(e) Disclosure of Identity.--
       ``(1) Except as provided in paragraph (2) of this 
     subsection, or with the written consent of the employee, the 
     Secretary of Transportation or Secretary of Homeland Security 
     may not disclose the name of an employee of a railroad 
     carrier who has provided information about an alleged 
     violation of this section.
       ``(2) The Secretary shall disclose to the Attorney General 
     the name of an employee described in paragraph (1) of this 
     subsection if the matter is referred to the Attorney General 
     for enforcement.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     201 of title 49, United States Code, is amended by inserting 
     after the item relating to section 20117 the following:

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

     SEC. 1331. HIGH HAZARD MATERIAL SECURITY RISK MITIGATION 
                   PLANS.

       (a) In General.--The Secretary, in consultation with the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration) and the Secretary of Transportation, 
     shall require rail carriers transporting a high hazard 
     material, as defined in section 1311 of this title, to 
     develop a high hazard material security risk mitigation plan 
     containing appropriate measures, including alternative 
     routing and temporary shipment suspension options, to address 
     assessed risks to high consequence targets. The plan, and any 
     information submitted to the Secretary under this section 
     shall be protected as sensitive security information under 
     the regulations prescribed under section 114(s) of title 49, 
     United States Code.
       (b) Implementation.--A high hazard material security risk 
     mitigation plan shall be

[[Page S2411]]

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

     SEC. 1332. ENFORCEMENT AUTHORITY.

       (a) In General.--Section 114 of title 49, United States 
     Code, as amended by section 1336 of this title, is further 
     amended by adding at the end the following:
       ``(v) Enforcement of Regulations and Orders of the 
     Secretary of Homeland Security Issued Under This Title.--
       ``(1) Application of subsection.--
       ``(A) In general.--This subsection applies to the 
     enforcement of regulations prescribed, and orders issued, by 
     the Secretary of Homeland Security under a provision of this 
     title other than a provision of chapter 449.
       ``(B) Violations of chapter 449.--The penalties for 
     violations of regulations prescribed, and orders issued, by 
     the Secretary of Homeland Security under chapter 449 of this 
     title are provided under chapter 463 of this title.
       ``(C) Nonapplication to certain violations.--
       ``(i) Paragraphs (2) through (5) of this subsection do not 
     apply to violations of regulations prescribed, and orders 
     issued, by the Secretary of Homeland Security under a 
     provision of this title--

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

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

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

       ``(ii) the action is in rem or another action in rem based 
     on the same violation has been brought; or
       ``(iii) another action has been brought for an injunction 
     based on the same violation.
       ``(D) Maximum penalty.--The maximum penalty the Secretary 
     may impose under this paragraph is--
       ``(i) $400,000, if the violation was committed by a person 
     other than an individual or small business concern; or
       ``(ii) $50,000, if the violation was committed by an 
     individual or small business concern.
       ``(4) Compromise and setoff.--
       ``(A) The Secretary may compromise the amount of a civil 
     penalty imposed under this subsection. If the Secretary 
     compromises the amount of a civil penalty under this 
     subparagraph, the Secretary shall--
       ``(i) notify the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Homeland Security of the compromised penalty and explain the 
     rationale therefor; and
       ``(ii) make the explanation available to the public to the 
     extent feasible without compromising security.
       ``(B) The Government may deduct the amount of a civil 
     penalty imposed or compromised under this subsection from 
     amounts it owes the person liable for the penalty.
       ``(5) Investigations and proceedings.--Chapter 461 of this 
     title shall apply to investigations and proceedings brought 
     under this subsection to the same extent that it applies to 
     investigations and proceedings brought with respect to 
     aviation security duties designated to be carried out by the 
     Secretary.
       ``(6) Definitions.--In this subsection:
       ``(A) Person.--The term `person' does not include--
       ``(i) the United States Postal Service; or
       ``(ii) the Department of Defense.
       ``(B) Small business concern.--The term `small business 
     concern' has the meaning given that term in section 3 of the 
     Small Business Act (15 U.S.C. 632).''.
       (b) Conforming Amendment.--Section 46301(a)(4) of title 49, 
     United States Code is amended by striking ``or another 
     requirement under this title administered by the Under 
     Secretary of Transportation for Security''.
       (c) Rail Safety Regulations.--Section 20103(a) of title 49, 
     United States Code, is amended by striking ``safety'' the 
     first place it appears, and inserting ``safety, including 
     security,''.

     SEC. 1333. RAIL SECURITY ENHANCEMENTS.

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

     SEC. 1334. PUBLIC AWARENESS.

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

     SEC. 1335. RAILROAD HIGH HAZARD MATERIAL TRACKING.

       (a) Wireless Communications.--
       (1) In general.--In conjunction with the research and 
     development program established under section 1325 and 
     consistent with

[[Page S2412]]

     the results of research relating to wireless tracking 
     technologies, the Secretary, in consultation with the 
     Assistant Secretary of Homeland Security (Transportation 
     Security Administration), shall develop a program that will 
     encourage the equipping of rail cars transporting high hazard 
     materials (as defined in section 1311 of this title) with 
     technology that provides--
       (A) car position location and tracking capabilities; and
       (B) notification of rail car depressurization, breach, 
     unsafe temperature, or release of hazardous materials.
       (2) Coordination.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for rail car tracking at the Department of Transportation; 
     and
       (B) ensure that the program is consistent with 
     recommendations and findings of the Department of Homeland 
     Security's hazardous material tank rail car tracking pilot 
     programs.
       (b) Funding.--Out of funds appropriated pursuant to section 
     114(u) of title 49, United States Code, as amended by section 
     1336 of this title, there shall be made available to the 
     Secretary to carry out this section $3,000,000 for each of 
     fiscal years 2008, 2009, and 2010.

     SEC. 1336. AUTHORIZATION OF APPROPRIATIONS.

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

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

     SEC. 1341. HAZARDOUS MATERIALS HIGHWAY ROUTING.

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

     SEC. 1342. MOTOR CARRIER HIGH HAZARD MATERIAL TRACKING.

       (a) Communications.--
       (1) In general.--Consistent with the findings of the 
     Transportation Security Administration's Hazmat Truck 
     Security Pilot Program and within 6 months after the date of 
     enactment of this Act, the Secretary, through the 
     Transportation Security Administration and in consultation 
     with the Secretary of Transportation, shall develop a program 
     to encourage the tracking of motor carrier shipments of high 
     hazard materials as defined in this title with communications 
     technology that provides--
       (A) frequent or continuous communications;
       (B) vehicle position location and tracking capabilities; 
     and
       (C) a feature that allows a driver of such vehicles to 
     broadcast an emergency message.
       (2) Considerations.--In developing the program required by 
     paragraph (1), the Secretary shall--
       (A) consult with the Secretary of Transportation to 
     coordinate the program with any ongoing or planned efforts 
     for motor carrier or high hazardous materials tracking at the 
     Department of Transportation;
       (B) take into consideration the recommendations and 
     findings of the report on the Hazardous Material Safety and 
     Security Operation Field Test released by the Federal Motor 
     Carrier Safety Administration on November 11, 2004; and
       (C) evaluate--
       (i) any new information related to the cost and benefits of 
     deploying and utilizing tracking technology for motor 
     carriers transporting high hazard materials not included in 
     the Hazardous Material Safety and Security Operation Field 
     Test Report released by the Federal Motor Carrier Safety 
     Administration on November 11, 2004;
       (ii) the ability of tracking technology to resist tampering 
     and disabling;
       (iii) the capability of tracking technology to collect, 
     display, and store information regarding the movements of 
     shipments of high hazard materials by commercial motor 
     vehicles;
       (iv) the appropriate range of contact intervals between the 
     tracking technology and a commercial motor vehicle 
     transporting high hazard materials; and
       (v) technology that allows the installation by a motor 
     carrier of concealed electronic devices on commercial motor 
     vehicles that can be activated by law enforcement authorities 
     and alert emergency response resources to locate and recover 
     security sensitive material in the event of loss or theft of 
     such material.
       (b) Funding.--There are authorized to be appropriated to 
     the Secretary to carry out this section $3,000,000 for each 
     of fiscal years 2008, 2009, and 2010.

     SEC. 1343. MEMORANDUM OF AGREEMENT.

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

     SEC. 1344. HAZARDOUS MATERIALS SECURITY INSPECTIONS AND 
                   ENFORCEMENT.

       (a) In General.--The Secretary shall establish a program 
     within the Transportation Security Administration, in 
     consultation with the Secretary of Transportation, for 
     reviewing hazardous materials security plans required under 
     part 172, title 49, Code of Federal Regulations, within 180 
     days after the

[[Page S2413]]

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

     SEC. 1345. TRUCK SECURITY ASSESSMENT.

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

     SEC. 1346. NATIONAL PUBLIC SECTOR RESPONSE SYSTEM.

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

     SEC. 1347. OVER-THE-ROAD BUS SECURITY ASSISTANCE.

       (a) In General.--The Secretary shall establish a program 
     within the Transportation Security Administration for making 
     grants to private operators of over-the-road buses or over-
     the-road bus terminal operators for the purposes of emergency 
     preparedness drills and exercises, protecting high risk/high 
     consequence assets identified through system-wide risk 
     assessment, counter-terrorism training, visible/unpredictable 
     deterrence, public awareness and preparedness campaigns, and 
     including--
       (1) constructing and modifying terminals, garages, 
     facilities, or over-the-road buses to assure their security;
       (2) protecting or isolating the driver;
       (3) acquiring, upgrading, installing, or operating 
     equipment, software, or accessorial services for collection, 
     storage, or exchange of passenger and driver information 
     through ticketing systems or otherwise, and information links 
     with government agencies;
       (4) training employees in recognizing and responding to 
     security risks, evacuation procedures, passenger screening 
     procedures, and baggage inspection;
       (5) hiring and training security officers;
       (6) installing cameras and video surveillance equipment on 
     over-the-road buses and at terminals, garages, and over-the-
     road bus facilities;
       (7) creating a program for employee identification or 
     background investigation;
       (8) establishing and upgrading emergency communications 
     tracking and control systems; and
       (9) implementing and operating passenger screening programs 
     at terminals and on over-the-road buses.
       (b) Due Consideration.--In making grants under this 
     section, the Secretary shall give due consideration to 
     private operators of over-the-road buses that have taken 
     measures to enhance bus transportation security from those in 
     effect before September 11, 2001, and shall prioritize grant 
     funding based on the magnitude and severity of the security 
     risks to bus passengers and the ability of the funded project 
     to reduce, or respond to, that risk.
       (c) Grant Requirements.--A grant under this section shall 
     be subject to all the terms and conditions that a grant is 
     subject to under section 3038(f) of the Transportation Equity 
     Act for the 21st Century (49 U.S.C. 5310 note; 112 Stat. 
     393).
       (d) Plan Requirement.--
       (1) In general.--The Secretary may not make a grant under 
     this section to a private operator of over-the-road buses 
     until the operator has first submitted to the Secretary--
       (A) a plan for making security improvements described in 
     subsection (a) and the Secretary has reviewed or approved the 
     plan; and
       (B) such additional information as the Secretary may 
     require to ensure accountability for the obligation and 
     expenditure of amounts made available to the operator under 
     the grant.
       (2) Coordination.--To the extent that an application for a 
     grant under this section proposes security improvements 
     within a specific terminal owned and operated by an entity 
     other than the applicant, the applicant shall demonstrate to 
     the satisfaction of the Secretary that the applicant has 
     coordinated the security improvements for the terminal with 
     that entity.
       (e) Over-the-Road Bus Defined.--In this section, the term 
     ``over-the-road bus'' means a bus characterized by an 
     elevated passenger deck located over a baggage compartment.
       (f) Bus Security Assessment.--

[[Page S2414]]

       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Senate Committee on Commerce, Science, and Transportation, 
     the House of Representatives Committee on Transportation and 
     Infrastructure, and the House of Representatives Committee on 
     Homeland Security a report in accordance with the 
     requirements of this section.
       (2) Contents of report.--The report shall include--
       (A) an assessment of the over-the-road bus security grant 
     program;
       (B) an assessment of actions already taken to address 
     identified security issues by both public and private 
     entities and recommendations on whether additional safety and 
     security enforcement actions are needed;
       (C) an assessment of whether additional legislation is 
     needed to provide for the security of Americans traveling on 
     over-the-road buses;
       (D) an assessment of the economic impact that security 
     upgrades of buses and bus facilities may have on the over-
     the-road bus transportation industry and its employees;
       (E) an assessment of ongoing research and the need for 
     additional research on over-the-road bus security, including 
     engine shut-off mechanisms, chemical and biological weapon 
     detection technology, and the feasibility of 
     compartmentalization of the driver;
       (F) an assessment of industry best practices to enhance 
     security; and
       (G) an assessment of school bus security, if the Secretary 
     deems it appropriate.
       (3) Consultation with industry, labor, and other groups.--
     In carrying out this section, the Secretary shall consult 
     with over-the-road bus management and labor representatives, 
     public safety and law enforcement officials, and the National 
     Academy of Sciences.
       (g) Funding.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary to carry out this section--
       (A) $12,000,000 for fiscal year 2008;
       (B) $25,000,000 for fiscal year 2009; and
       (C) $25,000,000 for fiscal year 2010.
       (2) Availability of appropriated funds.--Amounts 
     appropriated pursuant to paragraph (1) shall remain available 
     until expended.

     SEC. 1348. PIPELINE SECURITY AND INCIDENT RECOVERY PLAN.

       (a) In General.--The Secretary, in consultation with the 
     Secretary of Transportation and the Pipeline and Hazardous 
     Materials Safety Administration, and in accordance with the 
     Memorandum of Understanding Annex executed on August 9, 2006, 
     shall develop a Pipeline Security and Incident Recovery 
     Protocols Plan. The plan shall include--
       (1) a plan for the Federal Government to provide increased 
     security support to the most critical interstate and 
     intrastate natural gas and hazardous liquid transmission 
     pipeline infrastructure and operations as determined under 
     section 1349--
       (A) at severe security threat levels of alert; or
       (B) when specific security threat information relating to 
     such pipeline infrastructure or operations exists; and
       (2) an incident recovery protocol plan, developed in 
     conjunction with interstate and intrastate transmission and 
     distribution pipeline operators and terminals and facilities 
     operators connected to pipelines, to develop protocols to 
     ensure the continued transportation of natural gas and 
     hazardous liquids to essential markets and for essential 
     public health or national defense uses in the event of an 
     incident affecting the interstate and intrastate natural gas 
     and hazardous liquid transmission and distribution pipeline 
     system, which shall include protocols for granting access to 
     pipeline operators for pipeline infrastructure repair, 
     replacement or bypass following an incident.
       (b) Existing Private and Public Sector Efforts.--The plan 
     shall take into account actions taken or planned by both 
     private and public entities to address identified pipeline 
     security issues and assess the effective integration of such 
     actions.
       (c) Consultation.--In developing the plan under subsection 
     (a), the Secretary shall consult with the Secretary of 
     Transportation, interstate and intrastate transmission and 
     distribution pipeline operators, pipeline labor, first 
     responders, shippers, State pipeline safety agencies, public 
     safety officials, and other relevant parties.
       (d) Report.--
       (1) Contents.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall transmit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate, the Committee on Homeland Security of the House of 
     Representatives, and the Committee on Transportation and 
     Infrastructure of the House of Representatives a report 
     containing the plan required by subsection (a), along with an 
     estimate of the private and public sector costs to implement 
     any recommendations.
       (2) Format.--The Secretary may submit the report in both 
     classified and redacted formats if the Secretary determines 
     that such action is appropriate or necessary.

     SEC. 1349. PIPELINE SECURITY INSPECTIONS AND ENFORCEMENT.

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

     SEC. 1350. TECHNICAL CORRECTIONS.

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

     SEC. 1351. CERTAIN PERSONNEL LIMITATIONS NOT TO APPLY.

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

     SEC. 1352. MARITIME AND SURFACE TRANSPORTATION SECURITY USER 
                   FEE STUDY.

       (a) In General.--The Secretary of Homeland Security shall 
     conduct a study of the need for, and feasibility of, 
     establishing a system of maritime and surface transportation-
     related user fees that may be imposed and collected as a 
     dedicated revenue source, on a temporary or continuing basis, 
     to provide necessary funding for legitimate improvements to, 
     and maintenance of, maritime and surface transportation 
     security. In developing the study, the Secretary shall 
     consult with maritime and surface transportation carriers, 
     shippers, passengers, facility owners and operators, and 
     other persons as determined by the Secretary. Not later than 
     1 year after the date of the enactment of this Act, the 
     Secretary shall submit a report to the appropriate 
     congressional committees that contains--
       (1) the results of the study;
       (2) an assessment of the annual sources of funding 
     collected through maritime and surface transportation at 
     ports of entry and a detailed description of the distribution 
     and use of such funds, including the amount and percentage of 
     such sources that are dedicated to improve and maintain 
     security;
       (3)(A) an assessment of the fees, charges, and standards 
     imposed on United States ports, port terminal operators, 
     shippers, carriers, and other persons who use United States 
     ports of entry compared with the fees and charges imposed on 
     Canadian and Mexican ports, Canadian and Mexican port 
     terminal operators, shippers, carriers, and other persons who 
     use Canadian or Mexican ports of entry; and
       (B) an assessment of the impact of such fees, charges, and 
     standards on the competitiveness of United States ports, port 
     terminal operators, railroads, motor carriers, pipelines, 
     other transportation modes, and shippers;

[[Page S2415]]

       (4) an assessment of private efforts and investments to 
     secure maritime and surface transportation modes, including 
     those that are operational and those that are planned; and
       (5) the Secretary's recommendations based upon the study, 
     and an assessment of the consistency of such recommendations 
     with the international obligations and commitments of the 
     United States.
       (b) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' has the meaning 
     given that term by section 2(1) of the SAFE Port Act (6 
     U.S.C. 901(1)).
       (2) Port of entry.--The term ``port of entry'' means any 
     port or other facility through which foreign goods are 
     permitted to enter the customs territory of a country under 
     official supervision.
       (3) Maritime and surface transportation.--The term 
     ``maritime and surface transportation'' includes oceanborne, 
     rail, and vehicular transportation.

               Subtitle B--Aviation Security Improvement

     SEC. 1361. EXTENSION OF AUTHORIZATION FOR AVIATION SECURITY 
                   FUNDING.

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

     SEC. 1362. PASSENGER AIRCRAFT CARGO SCREENING.

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

     SEC. 1363. BLAST-RESISTANT CARGO CONTAINERS.

       Section 44901 of title 49, United States Code, as amended 
     by section 1362, is amended by adding at the end the 
     following:
       ``(j) Blast-Resistant Cargo Containers.--
       ``(1) In general.--Before January 1, 2008, the 
     Administrator of the Transportation Security Administration 
     shall--
       ``(A) evaluate the results of the blast-resistant cargo 
     container pilot program instituted before the date of 
     enactment of the Transportation Security and Interoperable 
     Communication Capabilities Act;
       ``(B) based on that evaluation, begin the acquisition of a 
     sufficient number of blast-resistant cargo containers to meet 
     the requirements of the Transportation Security 
     Administration's cargo security program under paragraph (2); 
     and
       ``(C) develop a system under which the Administrator--
       ``(i) will make such containers available for use by 
     passenger aircraft operated by air carriers or foreign air 
     carriers in air transportation or intrastate air 
     transportation on a random or risk-assessment basis as 
     determined by the Administrator, in sufficient number to 
     enable the carriers to meet the requirements of the 
     Administration's cargo security system; and
       ``(ii) provide for the storage, maintenance, and 
     distribution of such containers.
       ``(2) Distribution to air carriers.--Within 90 days after 
     the date on which the Administrator completes development of 
     the system required by paragraph (1)(C), the Administrator of 
     the Transportation Security Administration shall implement 
     that system and begin making blast-resistant cargo containers 
     available to such carriers as necessary.''.

     SEC. 1364. PROTECTION OF AIR CARGO ON PASSENGER PLANES FROM 
                   EXPLOSIVES.

       (a) Technology Research and Pilot Projects.--
       (1) Research and development.--The Secretary of Homeland 
     Security shall expedite research and development for 
     technology that can disrupt or prevent an explosive device 
     from being introduced onto a passenger plane or from damaging 
     a passenger plane while in flight or on the ground. The 
     research shall include blast resistant cargo containers and 
     other promising technology and will be used in concert with 
     implementation of section 1363 of this title.
       (2) Pilot projects.--The Secretary, in conjunction with the 
     Secretary of Transportation, shall establish a grant program 
     to fund pilot projects--
       (A) to deploy technologies described in paragraph (1); and
       (B) to test technology to expedite the recovery, 
     development, and analysis of information from aircraft 
     accidents to determine the cause of the accident, including 
     deployable flight deck and voice recorders and remote 
     location recording devices.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Homeland Security for 
     fiscal year 2008 such sums as may be necessary to carry out 
     this section, such funds to remain available until expended.

     SEC. 1365. IN-LINE BAGGAGE SCREENING.

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

     SEC. 1366. ENHANCEMENT OF IN-LINE BAGGAGE SYSTEM DEPLOYMENT.

       (a) In General.--Section 44923 of title 49, United States 
     Code, is amended--
       (1) by striking ``may'' in subsection (a) and inserting 
     ``shall'';
       (2) by striking ``may'' in subsection (d)(1) and inserting 
     ``shall'';
       (3) by striking ``2007'' in subsection (h)(1) and inserting 
     ``2028'';
       (4) by striking paragraphs (2) and (3) of subsection (h) 
     and inserting the following:
       ``(2) Allocation.--Of the amount made available under 
     paragraph (1) for a fiscal year, not less than $200,000,000 
     shall be allocated to fulfill letters of intent issued under 
     subsection (d).
       ``(3) Discretionary grants.--Of the amount made available 
     under paragraph (1) for a fiscal year, up to $50,000,000 
     shall be used to make discretionary grants, with priority 
     given to small hub airports and non-hub airports.''; and
       (5) by redesignating subsection (i) as subsection (j), and 
     inserting after subsection (h) the following:
       ``(i) Leveraged Funding.--For purposes of this section, a 
     grant under subsection (a) to an airport sponsor to service 
     an obligation issued by or on behalf of that sponsor to fund 
     a project described in subsection (a) shall be considered to 
     be a grant for that project.''.
       (b) Prioritization of Projects.--
       (1) In general.--The Administrator shall create a 
     prioritization schedule for airport

[[Page S2416]]

     security improvement projects described in section 44923(b) 
     of title 49, United States Code, based on risk and other 
     relevant factors, to be funded under the grant program 
     provided by that section. The schedule shall include both hub 
     airports (as defined in section 41731(a)(3) of title 49, 
     United States Code) and nonhub airports (as defined in 
     section 41731(a)4) of title 49, United States Code).
       (2) Airports that have commenced projects.--The schedule 
     shall include airports that have incurred eligible costs 
     associated with development of partial in-line baggage 
     systems before the date of enactment of this Act in 
     reasonable anticipation of receiving a grant under section 
     44923 of title 49, United States Code, in reimbursement of 
     those costs but that have not received such a grant.
       (3) Report.--Within 180 days after the date of enactment of 
     this Act, the Administrator shall provide a copy of the 
     prioritization schedule, a corresponding timeline, and a 
     description of the funding allocation under section 44923 of 
     title 49, United States Code, to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Homeland Security.

     SEC. 1367. RESEARCH AND DEVELOPMENT OF AVIATION 
                   TRANSPORTATION SECURITY TECHNOLOGY.

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

     SEC. 1368. CERTAIN TSA PERSONNEL LIMITATIONS NOT TO APPLY.

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

     SEC. 1369. SPECIALIZED TRAINING.

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

     SEC. 1370. EXPLOSIVE DETECTION AT PASSENGER SCREENING 
                   CHECKPOINTS.

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

     SEC. 1371. APPEAL AND REDRESS PROCESS FOR PASSENGERS WRONGLY 
                   DELAYED OR PROHIBITED FROM BOARDING A FLIGHT.

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

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

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

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

     SEC. 1372. STRATEGIC PLAN TO TEST AND IMPLEMENT ADVANCED 
                   PASSENGER PRESCREENING SYSTEM.

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

     SEC. 1373. REPAIR STATION SECURITY.

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

     SEC. 1374. GENERAL AVIATION SECURITY.

       Section 44901 of title 49, United States Code, as amended 
     by section 1363, is amended by adding at the end the 
     following:
       ``(k) General Aviation Airport Security Program.--
       ``(1) In general.--Within 1 year after the date of 
     enactment of the Transportation Security and Interoperable 
     Communication Capabilities Act, the Administrator of the 
     Transportation Security Administration shall--
       ``(A) develop a standardized threat and vulnerability 
     assessment program for general aviation airports (as defined 
     in section 47135(m)); and
       ``(B) implement a program to perform such assessments on a 
     risk-assessment basis at general aviation airports.
       ``(2) Grant program.--Within 6 months after date of 
     enactment of the Transportation Security and Interoperable 
     Communication Capabilities Act, the Administrator shall 
     initiate and complete a study of the feasibility of a 
     program, based on a risk-managed approach, to provide grants 
     to general aviation airport operators for projects to upgrade 
     security at general aviation airports (as defined in section 
     47135(m)). If the Administrator determines that such a 
     program is feasible, the Administrator shall establish such a 
     program.
       ``(3) Application to foreign-registered general aviation 
     aircraft.--Within 180 days after the date of enactment of the 
     Transportation Security and Interoperable Communication 
     Capabilities Act, the Administrator shall develop a risk-
     based system under which--

[[Page S2417]]

       ``(A) foreign-registered general aviation aircraft, as 
     identified by the Administrator, in coordination with the 
     Administrator of the Federal Aviation Administration, are 
     required to submit passenger information to the 
     Transportation Security Administration before entering United 
     States airspace; and
       ``(B) such information is checked against appropriate 
     databases maintained by the Transportation Security 
     Administration.
       ``(4) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security such sums as may be necessary to carry out any 
     program established under paragraph (2).''.

     SEC. 1375. SECURITY CREDENTIALS FOR AIRLINE CREWS.

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

     SEC. 1376. NATIONAL EXPLOSIVES DETECTION CANINE TEAM TRAINING 
                   CENTER.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall enhance and maximize the Department of Homeland 
     Security's National Explosives Detection Canine Team Program 
     by doubling its existing capacity so that up to 100 
     additional canine teams can be brought on each year, a 
     certain number of which shall be dedicated to high risk 
     areas, as determined by the Secretary.
       (b) Deployment.--The Secretary shall use the canine teams 
     as part of the Department's layers of defense across all 
     modes of the transportation network and in other areas, as 
     deemed appropriate by the Secretary.
       (c) Canine Procurement.--The Secretary of Homeland Security 
     is encouraged to consider the potential benefits of 
     establishing new canine procurement partnerships throughout 
     the United States in order to provide a reliable and 
     consistent source of dogs for the Department's national 
     explosive detection canine team program.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as may 
     be necessary for each of fiscal years 2008 and 2009.

           Subtitle C--Interoperable Emergency Communications

     SEC. 1381. INTEROPERABLE EMERGENCY COMMUNICATIONS.

       (a) In General.--Section 3006 of Public Law 109-171 (47 
     U.S.C. 309 note) is amended--
       (1) by striking paragraphs (1) and (2) of subsection (a) 
     and inserting the following:
       ``(1) may take such administrative action as is necessary 
     to establish and implement a grant program to assist public 
     safety agencies--
       ``(A) in conducting statewide or regional planning and 
     coordination to improve the interoperability of emergency 
     communications;
       ``(B) in supporting the design and engineering of 
     interoperable emergency communications systems;
       ``(C) in supporting the acquisition or deployment of 
     interoperable communications equipment, software, or systems 
     that improve or advance the interoperability with public 
     safety communications systems;
       ``(D) in obtaining technical assistance and conducting 
     training exercises related to the use of interoperable 
     emergency communications equipment and systems; and
       ``(E) in establishing and implementing a strategic 
     technology reserve to pre-position or secure interoperable 
     communications in advance for immediate deployment in an 
     emergency or major disaster (as defined in section 102(2) of 
     Public Law 93-288 (42 U.S.C. 5122)); and
       ``(2) shall make payments of not to exceed $1,000,000,000, 
     in the aggregate, through fiscal year 2010 from the Digital 
     Television Transition and Public Safety Fund established 
     under section 309(j)(8)(E) of the Communications Act of 1934 
     (47 U.S.C. 309(j)(8)(E)) to carry out the grant program 
     established under paragraph (1), of which not more than 
     $100,000,000, in the aggregate, may be allocated for grants 
     under paragraph (1)(E).'';
       (2) by redesignating subsections (b), (c), and (d) as 
     subsections (l), (m), and (n), respectively, and inserting 
     after subsection (a) the following:
       ``(b) Expedited Implementation.--Pursuant to section 4 of 
     the Call Home Act of 2006, no less than $1,000,000,000 shall 
     be awarded for grants under subsection (a) no later than 
     September 30, 2007, subject to the receipt of qualified 
     applications as determined by the Assistant Secretary.
       ``(c) Allocation of Funds.--In awarding grants under 
     subparagraphs (A) through (D) of subsection (a)(1), the 
     Assistant Secretary shall ensure that grant awards--
       ``(1) result in distributions to public safety entities 
     among the several States that are consistent with section 
     1014(c)(3) of the USA PATRIOT ACT (42 U.S.C. 3714(c)(3)); and
       ``(2) are prioritized based upon threat and risk factors 
     that reflect an all-hazards approach to communications 
     preparedness and that takes into account the risks associated 
     with, and the likelihood of the occurrence of, terrorist 
     attacks or natural catastrophes (including, but not limited 
     to, hurricanes, tornados, storms, high water, winddriven 
     water, tidal waves, tsunami, earthquakes, volcanic eruptions, 
     landslides, mudslides, snow and ice storms, forest fires, or 
     droughts) in a State.
       ``(d) Eligibility.--To be eligible for assistance under the 
     grant program established under subsection (a), an applicant 
     shall submit an application, at such time, in such form, and 
     containing such information as the Assistant Secretary may 
     require, including--
       ``(1) a detailed explanation of how assistance received 
     under the program would be used to improve regional, State, 
     or local communications interoperability and ensure 
     interoperability with other appropriate public safety 
     agencies in an emergency or a major disaster; and
       ``(2) assurance that the equipment and system would--
       ``(A) be compatible with the communications architecture 
     developed under section 7303(a)(1)(E) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 
     194(a)(1)(E));
       ``(B) meet any voluntary consensus standards developed 
     under section 7303(a)(1)(D) of that Act (6 U.S.C. 
     194(a)(1)(D)) to the extent that such standards exist for a 
     given category of equipment; and
       ``(C) be consistent with the common grant guidance 
     established under section 7303(a)(1)(H) of that Act (6 U.S.C. 
     194(a)(1)(H)).
       ``(e) Criteria for Certain Grants.--In awarding grants 
     under subparagraphs (A) through (D) of subsection (a)(1), the 
     Assistant Secretary shall ensure that all grants funded are 
     consistent with Federal grant guidance established by the 
     SAFECOM Program within the Department of Homeland Security.
       ``(f) Criteria for Strategic Technology Reserve Grants.--
       ``(1) In general.--In awarding grants under subsection 
     (a)(1)(E), the Assistant Secretary shall consider the 
     continuing technological evolution of communications 
     technologies and devices, with its implicit risk of 
     obsolescence, and shall ensure, to the maximum extent 
     feasible, that a substantial part of the reserve involves 
     prenegotiated contracts and other arrangements for rapid 
     deployment of equipment, supplies, and systems (and 
     communications service related to such equipment, supplies, 
     and systems), rather than the warehousing or storage of 
     equipment and supplies currently available at the time the 
     reserve is established.
       ``(2) Requirements and characteristics.--A reserve 
     established under paragraph (1) shall--
       ``(A) be capable of re-establishing communications when 
     existing infrastructure is damaged or destroyed in an 
     emergency or a major disaster;
       ``(B) include appropriate current, widely-used equipment, 
     such as Land Mobile Radio Systems, cellular telephones and 
     satellite-enabled equipment (and related communications 
     service), Cells-On-Wheels, Cells-On-Light-Trucks, or other 
     self-contained mobile cell sites that can be towed, backup 
     batteries, generators, fuel, and computers;
       ``(C) include equipment on hand for the Governor of each 
     State, key emergency response officials, and appropriate 
     State or local personnel;
       ``(D) include contracts (including prenegotiated contracts) 
     for rapid delivery of the most current technology available 
     from commercial sources; and
       ``(E) include arrangements for training to ensure that 
     personnel are familiar with the operation of the equipment 
     and devices to be delivered pursuant to such contracts.
       ``(3) Additional characteristics.--Portions of the reserve 
     may be virtual and may include items donated on an in-kind 
     contribution basis.
       ``(4) Consultation.--In developing the reserve, the 
     Assistant Secretary shall seek advice from the Secretary of 
     Defense and the Secretary of Homeland Security, as well as 
     national public safety organizations, emergency managers, 
     State, local, and tribal governments, and commercial 
     providers of such systems and equipment.
       ``(5) Allocation and use of funds.--The Assistant Secretary 
     shall allocate--
       ``(A) a portion of the reserve's funds for block grants to 
     States to enable each State to establish a strategic 
     technology reserve within its borders in a secure location to 
     allow immediate deployment; and
       ``(B) a portion of the reserve's funds for regional Federal 
     strategic technology reserves to facilitate any Federal 
     response when necessary, to be held in each of the Federal 
     Emergency Management Agency's regional offices, including 
     Boston, Massachusetts (Region 1), New York, New York (Region 
     2), Philadelphia, Pennsylvania (Region 3), Atlanta, Georgia 
     (Region 4), Chicago, Illinois (Region 5), Denton, Texas 
     (Region 6), Kansas City, Missouri (Region 7), Denver, 
     Colorado (Region 8), Oakland, California (Region 9), Bothell, 
     Washington (Region 10), and each of the noncontiguous States 
     for immediate deployment.

[[Page S2418]]

       ``(g) Voluntary Consensus Standards.--In carrying out this 
     section, the Assistant Secretary, in cooperation with the 
     Secretary of Homeland Security shall identify and, if 
     necessary, encourage the development and implementation of, 
     voluntary consensus standards for interoperable 
     communications systems to the greatest extent practicable, 
     but shall not require any such standard.
       ``(h) Use of Economy Act.--In implementing the grant 
     program established under subsection (a)(1), the Assistant 
     Secretary may seek assistance from other Federal agencies in 
     accordance with section 1535 of title 31, United States Code.
       ``(i) Inspector General Report.--Beginning with the first 
     fiscal year beginning after the date of enactment of the 
     Transportation Security and Interoperable Communication 
     Capabilities Act, the Inspector General of the Department of 
     Commerce shall conduct an annual assessment of the management 
     of the grant program implemented under subsection (a)(1) and 
     transmit a report containing the findings of that assessment 
     and any recommendations related thereto to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Energy and Commerce.
       ``(j) Deadline for Implementation Program Rules.--Within 90 
     days after the date of enactment of the Transportation 
     Security and Interoperable Communication Capabilities Act, 
     the Assistant Secretary, in consultation with the Secretary 
     of Homeland Security and the Federal Communications 
     Commission, shall promulgate final program rules for the 
     implementation of this section.
       ``(k) Rule of Construction.--Nothing in this section shall 
     be construed or interpreted to preclude the use of funds 
     under this section by any public safety agency for interim or 
     long-term Internet Protocol-based interoperable solutions, 
     notwithstanding compliance with the Project 25 standard.''; 
     and
       (3) by striking paragraph (3) of subsection (n), as so 
     redesignated.
       (b) FCC Report on Emergency Communications Back-up 
     System.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Federal Communications Commission, 
     in coordination with the Assistant Secretary of Commerce for 
     Communications and Information and the Secretary of Homeland 
     Security, shall evaluate the technical feasibility of 
     creating a back-up emergency communications system that 
     complements existing communications resources and takes into 
     account next generation and advanced telecommunications 
     technologies. The overriding objective for the evaluation 
     shall be providing a framework for the development of a 
     resilient interoperable communications system for emergency 
     responders in an emergency. The Commission shall evaluate all 
     reasonable options, including satellites, wireless, and 
     terrestrial-based communications systems and other 
     alternative transport mechanisms that can be used in tandem 
     with existing technologies.
       (2) Factors to be evaluated.--The evaluation under 
     paragraph (1) shall include--
       (A) a survey of all Federal agencies that use terrestrial 
     or satellite technology for communications security and an 
     evaluation of the feasibility of using existing systems for 
     the purpose of creating such an emergency back-up public 
     safety communications system;
       (B) the feasibility of using private satellite, wireless, 
     or terrestrial networks for emergency communications;
       (C) the technical options, cost, and deployment methods of 
     software, equipment, handsets or desktop communications 
     devices for public safety entities in major urban areas, and 
     nationwide; and
       (D) the feasibility and cost of necessary changes to the 
     network operations center of terrestrial-based or satellite 
     systems to enable the centers to serve as emergency back-up 
     communications systems.
       (3) Report.--Upon the completion of the evaluation under 
     subsection (a), the Commission shall submit a report to 
     Congress that details the findings of the evaluation, 
     including a full inventory of existing public and private 
     resources most efficiently capable of providing emergency 
     communications.
       (c) Joint Advisory Committee on Communications Capabilities 
     of Emergency Medical Care Facilities.--
       (1) Establishment.--The Assistant Secretary of Commerce for 
     Communications and Information and the Chairman of Federal 
     Communications Commission, in consultation with the Secretary 
     of Homeland Security and the Secretary of Health and Human 
     Services, shall establish a joint advisory committee to 
     examine the communications capabilities and needs of 
     emergency medical care facilities. The joint advisory 
     committee shall be composed of individuals with expertise in 
     communications technologies and emergency medical care, 
     including representatives of Federal, State and local 
     governments, industry and non-profit health organizations, 
     and academia and educational institutions.
       (2) Duties.--The joint advisory committee shall--
       (A) assess specific communications capabilities and needs 
     of emergency medical care facilities, including the including 
     improvement of basic voice, data, and broadband capabilities;
       (B) assess options to accommodate growth of basic and 
     emerging communications services used by emergency medical 
     care facilities;
       (C) assess options to improve integration of communications 
     systems used by emergency medical care facilities with 
     existing or future emergency communications networks; and
       (D) report its findings to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Energy and Commerce, within 6 
     months after the date of enactment of this Act.
       (d) Authorization of Emergency Medical Communications Pilot 
     Projects.--
       (1) In general.--The Assistant Secretary of Commerce for 
     Communications and Information may establish not more than 10 
     geographically dispersed project grants to emergency medical 
     care facilities to improve the capabilities of emergency 
     communications systems in emergency medical care facilities.
       (2) Maximum amount.--The Assistant Secretary may not 
     provide more than $2,000,000 in Federal assistance under the 
     pilot program to any applicant.
       (3) Cost sharing.--The Assistant Secretary may not provide 
     more than 50 percent of the cost, incurred during the period 
     of the grant, of any project under the pilot program.
       (4) Maximum period of grants.--The Assistant Secretary may 
     not fund any applicant under the pilot program for more than 
     3 years.
       (5) Deployment and distribution.--The Assistant Secretary 
     shall seek to the maximum extent practicable to ensure a 
     broad geographic distribution of project sites.
       (6) Transfer of information and knowledge.--The Assistant 
     Secretary shall establish mechanisms to ensure that the 
     information and knowledge gained by participants in the pilot 
     program are transferred among the pilot program participants 
     and to other interested parties, including other applicants 
     that submitted applications.

     SEC. 1382. RULE OF CONSTRUCTION.

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

     ``SEC. 699B. RULE OF CONSTRUCTION.

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

     SEC. 1383. CROSS BORDER INTEROPERABILITY REPORTS.

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

     SEC. 1384. EXTENSION OF SHORT QUORUM.

       Notwithstanding section 4(d) of the Consumer Product Safety 
     Act (15 U.S.C. 2053(d)), 2 members of the Consumer Product 
     Safety Commission, if they are not affiliated with the same 
     political party, shall constitute a

[[Page S2419]]

     quorum for the 6-month period beginning on the date of 
     enactment of this Act.

         TITLE XIV--PUBLIC TRANSPORTATION TERRORISM PREVENTION

     SEC. 1401. SHORT TITLE.

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

     SEC. 1402. FINDINGS.

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

     SEC. 1403. SECURITY ASSESSMENTS.

       (a) Public Transportation Security Assessments.--
       (1) Submission.--Not later than 30 days after the date of 
     the enactment of this Act, the Federal Transit Administration 
     of the Department of Transportation shall submit all public 
     transportation security assessments and all other relevant 
     information to the Secretary.
       (2) Review.--Not later than July 31, 2007, the Secretary 
     shall review and augment the security assessments received 
     under paragraph (1).
       (3) Allocations.--The Secretary shall use the security 
     assessments received under paragraph (1) as the basis for 
     allocating grant funds under section 1404, unless the 
     Secretary notifies the Committee on Banking, Housing, and 
     Urban Affairs of the Senate that the Secretary has determined 
     an adjustment is necessary to respond to an urgent threat or 
     other significant factors.
       (4) Security improvement priorities.--Not later than 
     September 30, 2007, the Secretary, after consultation with 
     the management and employee representatives of each public 
     transportation system for which a security assessment has 
     been received under paragraph (1) and with appropriate State 
     and local officials, shall establish security improvement 
     priorities that will be used by public transportation 
     agencies for any funding provided under section 1404.
       (5) Updates.--Not later than July 31, 2008, and annually 
     thereafter, the Secretary shall--
       (A) update the security assessments referred to in this 
     subsection; and
       (B) conduct security assessments of all public 
     transportation agencies considered to be at greatest risk of 
     a terrorist attack.
       (b) Use of Security Assessment Information.--The Secretary 
     shall use the information collected under subsection (a)--
       (1) to establish the process for developing security 
     guidelines for public transportation security; and
       (2) to design a security improvement strategy that--
       (A) minimizes terrorist threats to public transportation 
     systems; and
       (B) maximizes the efforts of public transportation systems 
     to mitigate damage from terrorist attacks.
       (c) Bus and Rural Public Transportation Systems.--Not later 
     than July 31, 2007, the Secretary shall conduct security 
     assessments, appropriate to the size and nature of each 
     system, to determine the specific needs of--
       (1) local bus-only public transportation systems; and
       (2) selected public transportation systems that receive 
     funds under section 5311 of title 49, United States Code.

     SEC. 1404. SECURITY ASSISTANCE GRANTS.

       (a) Capital Security Assistance Program.--
       (1) In general.--The Secretary shall award grants directly 
     to public transportation agencies for allowable capital 
     security improvements based on the priorities established 
     under section 1403(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) tunnel protection systems;
       (B) perimeter protection systems;
       (C) redundant critical operations control systems;
       (D) chemical, biological, radiological, or explosive 
     detection systems;
       (E) surveillance equipment;
       (F) communications equipment;
       (G) emergency response equipment;
       (H) fire suppression and decontamination equipment;
       (I) global positioning or automated vehicle locator type 
     system equipment;
       (J) evacuation improvements; and
       (K) other capital security improvements.
       (b) Operational Security Assistance Program.--
       (1) In general.--The Secretary shall award grants directly 
     to public transportation agencies for allowable operational 
     security improvements based on the priorities established 
     under section 1403(a)(4).
       (2) Allowable use of funds.--Grants awarded under paragraph 
     (1) may be used for--
       (A) security training for public transportation employees, 
     including bus and rail operators, mechanics, customer 
     service, maintenance employees, transit police, and security 
     personnel;
       (B) live or simulated drills;
       (C) public awareness campaigns for enhanced public 
     transportation security;
       (D) canine patrols for chemical, biological, or explosives 
     detection;
       (E) overtime reimbursement for enhanced security personnel 
     during significant national and international public events, 
     consistent with the priorities established under section 
     1403(a)(4); and
       (F) other appropriate security improvements identified 
     under section 1403(a)(4), excluding routine, ongoing 
     personnel costs.
       (c) Coordination With State Homeland Security Plans.--In 
     establishing security improvement priorities under section 
     1403(a)(4) and in awarding grants for capital security 
     improvements and operational security improvements under 
     subsections (a) and (b), respectively, the Secretary shall 
     ensure that the actions of the Secretary are consistent with 
     relevant State homeland security plans.
       (d) Multi-State Transportation Systems.--In cases where a 
     public transportation system operates in more than 1 State, 
     the Secretary shall give appropriate consideration to the 
     risks of the entire system, including those portions of the 
     States into which the system crosses, in establishing 
     security improvement priorities under section 1403(a)(4), and 
     in awarding grants for capital security improvements and 
     operational security improvements under subsections (a) and 
     (b), respectively.
       (e) Congressional Notification.--Not later than 3 days 
     before the award of any grant under this section, the 
     Secretary shall notify the Committee on Homeland Security and 
     Governmental Affairs and the Committee on Banking, Housing, 
     and Urban Affairs of the Senate of the intent to award such 
     grant.
       (f) Public Transportation Agency Responsibilities.--Each 
     public transportation agency that receives a grant under this 
     section shall--
       (1) identify a security coordinator to coordinate security 
     improvements;
       (2) develop a comprehensive plan that demonstrates the 
     agency's capacity for operating and maintaining the equipment 
     purchased under this section; and
       (3) report annually to the Secretary on the use of grant 
     funds received under this section.
       (g) Return of Misspent Grant Funds.--If the Secretary 
     determines that a grantee used any portion of the grant funds 
     received under this section for a purpose other than the 
     allowable uses specified for that grant under this section, 
     the grantee shall return any amount so used to the Treasury 
     of the United States.

     SEC. 1405. PUBLIC TRANSPORTATION SECURITY TRAINING PROGRAM.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this section, the Secretary, in consultation 
     with appropriate law enforcement, security, and terrorism 
     experts, representatives of public transportation owners and 
     operators, and nonprofit employee organizations that 
     represent public transportation workers, shall develop and 
     issue detailed regulations for a public transportation worker 
     security training program to prepare public transportation 
     workers, including front-line transit employees such as bus 
     and rail operators, mechanics, customer service employees, 
     maintenance employees, transit police, and security 
     personnel, for potential threat conditions.
       (b) Program Elements.--The regulations developed under 
     subsection (a) shall require such a program to include, at a 
     minimum, elements that address the following:
       (1) Determination of the seriousness of any occurrence.
       (2) Crew and passenger communication and coordination.
       (3) Appropriate responses to defend oneself.
       (4) Use of protective devices.
       (5) Evacuation procedures (including passengers, workers, 
     and those with disabilities).
       (6) Psychology of terrorists to cope with hijacker behavior 
     and passenger responses.
       (7) Live situational training exercises regarding various 
     threat conditions, including tunnel evacuation procedures.
       (8) Any other subject the Secretary considers appropriate.
       (c) Required Programs.--
       (1) In general.--Not later than 90 days after the Secretary 
     issues regulations under subsection (a) in final form, each 
     public transportation system that receives a grant under this 
     title shall develop a public transportation worker security 
     training program in accordance with those regulations and 
     submit it to the Secretary for approval.
       (2) Approval.--Not later than 30 days after receiving a 
     public transportation system's program under paragraph (1), 
     the Secretary shall review the program and approve it or 
     require the public transportation system to make any 
     revisions the Secretary considers necessary for the program 
     to meet the regulations requirements. A public transit agency 
     shall respond to the Secretary's comments within 30 days 
     after receiving them.

[[Page S2420]]

       (d) Training.--
       (1) In general.--Not later than 1 year after the Secretary 
     approves the training program developed by a public 
     transportation system under subsection (c), the public 
     transportation system owner or operator shall complete the 
     training of all public transportation workers in accordance 
     with that program.
       (2) Report.--The Secretary shall review implementation of 
     the training program of a representative sample of public 
     transportation systems and report to the Senate Committee on 
     Banking, Housing and Urban Affairs, House of Representatives 
     Committee on Transportation and Infrastructure, the Senate 
     Homeland Security and Government Affairs Committee and the 
     House of Representatives Committee on Homeland Security, on 
     the number of reviews conducted and the results. The 
     Secretary may submit the report in both classified and 
     redacted formats as necessary.
       (e) Updates.--
       (1) In general.--The Secretary shall update the training 
     regulations issued under subsection (a) from time to time to 
     reflect new or different security threats, and require public 
     transportation systems to revise their programs accordingly 
     and provide additional training to their workers.
       (2) Program revisions.--Each public transit operator shall 
     revise their program in accordance with any regulations under 
     paragraph (1) and provide additional training to their front-
     line workers within a reasonable time after the regulations 
     are updated.

     SEC. 1406. INTELLIGENCE SHARING.

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

     SEC. 1407. RESEARCH, DEVELOPMENT, AND DEMONSTRATION GRANTS 
                   AND CONTRACTS.

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

     SEC. 1408. REPORTING REQUIREMENTS.

       (a) Semi-Annual Report to Congress.--
       (1) In general.--Not later than March 31 and September 30 
     each year, the Secretary shall submit a report, containing 
     the information described in paragraph (2), to--
       (A) the Committee on Banking, Housing, and Urban Affairs of 
     the Senate;
       (B) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (C) the Committee on Appropriations of the Senate.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the implementation of the provisions 
     of sections 1403 through 1406;
       (B) the amount of funds appropriated to carry out the 
     provisions of each of sections 1403 through 1406 that have 
     not been expended or obligated; and
       (C) the state of public transportation security in the 
     United States.
       (b) Annual Report to Governors.--
       (1) In general.--Not later than March 31 of each year, the 
     Secretary shall submit a report to the Governor of each State 
     with a public transportation agency that has received a grant 
     under this title.
       (2) Contents.--The report submitted under paragraph (1) 
     shall specify--
       (A) the amount of grant funds distributed to each such 
     public transportation agency; and
       (B) the use of such grant funds.

     SEC. 1409. AUTHORIZATION OF APPROPRIATIONS.

       (a) Capital Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section 1404(a) and remain available until expended--
       (1) such sums as are necessary in fiscal year 2007;
       (2) $536,000,000 for fiscal year 2008;
       (3) $772,000,000 for fiscal year 2009; and
       (4) $1,062,000,000 for fiscal year 2010.
       (b) Operational Security Assistance Program.--There are 
     authorized to be appropriated to carry out the provisions of 
     section 1404(b)--
       (1) such sums as are necessary in fiscal year 2007;
       (2) $534,000,000 for fiscal year 2008;
       (3) $333,000,000 for fiscal year 2009; and
       (4) $133,000,000 for fiscal year 2010.
       (c) Intelligence.--There are authorized to be appropriated 
     such sums as may be necessary to carry out the provisions of 
     section 1405.
       (d) Research.--There are authorized to be appropriated to 
     carry out the provisions of section 1407 and remain available 
     until expended--
       (1) such sums as are necessary in fiscal year 2007;
       (2) $30,000,000 for fiscal year 2008;
       (3) $45,000,000 for fiscal year 2009; and
       (4) $55,000,000 for fiscal year 2010.

     SEC. 1410. SUNSET PROVISION.

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

                   TITLE XV--MISCELLANEOUS PROVISIONS

     SEC. 1501. DEPUTY SECRETARY OF HOMELAND SECURITY 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

[[Page S2421]]

     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. 1502. 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. 1503. 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. 1504. 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.
                                 ______
                                 
  SA 276. Mrs. FEINSTEIN (for herself, Mr. Cornyn, Mr. Lautenberg, Mrs. 
Boxer, Mrs. Hutchison, Mr. Schumer, Mrs. Clinton, Mr. Obama, Mr. 
Menendez, Mr. Casey, and Mr. Kerry) submitted an amendment intended to 
be proposed to amendment SA 275 proposed by Mr. Reid (for himself, Mr. 
Lieberman, and Ms. Collins) to the bill 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; which was ordered to lie on 
the table; as follows:

       On page 49, line 12, strike all through the matter 
     preceding page 106, line 7, and insert the following:

[[Page S2422]]

           TITLE II--RISK-BASED FUNDING FOR HOMELAND SECURITY

     SEC. 201. RISK-BASED FUNDING FOR HOMELAND SECURITY.

       (a) Risk-Based Funding in General.--The Homeland Security 
     Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et seq.) is 
     amended by adding at the end the following:

          ``TITLE XX--RISK-BASED FUNDING FOR HOMELAND SECURITY

     ``SEC. 2001. RISK-BASED FUNDING FOR HOMELAND SECURITY.

       ``(a) Risk-Based Funding.--The Secretary shall ensure that 
     homeland security grants are allocated based on an assessment 
     of threat, vulnerability, and consequence to the maximum 
     extent practicable.
       ``(b) Covered Grants.--This title applies to grants 
     provided by the Department to States, regions, or directly 
     eligible tribes for the primary purpose of improving the 
     ability of first responders to prevent, prepare for, respond 
     to, or mitigate threatened or actual terrorist attacks, 
     especially those involving weapons of mass destruction, and 
     grants provided by the Department for improving homeland 
     security, including the following:
       ``(1) State homeland security grant program.--The State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Urban area security initiative.--The Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(3) Law enforcement terrorism prevention program.--The 
     Law Enforcement Terrorism Prevention Program of the 
     Department, or any successor to such grant program.
       ``(4) Citizen corps program.--The Citizen Corps Program of 
     the Department, or any successor to such grant program.
       ``(c) Excluded Programs.--This title does not apply to or 
     otherwise affect the following Federal grant programs or any 
     grant under such a program:
       ``(1) Nondepartment programs.--Any Federal grant program 
     that is not administered by the Department.
       ``(2) Fire grant programs.--The fire grant programs 
     authorized by sections 33 and 34 of the Federal Fire 
     Prevention and Control Act of 1974 (15 U.S.C. 2229 and 
     2229a).
       ``(3) Emergency management planning and assistance account 
     grants.--The Emergency Management Performance Grant program 
     and the Urban Search and Rescue Grants program authorized by 
     title VI of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195 et seq.), the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2000 (113 Stat. 1047 et seq.), and the Earthquake Hazards 
     Reduction Act of 1977 (42 U.S.C. 7701 et seq.).
       ``(d) Effect on Covered Grants.--Nothing in this Act shall 
     be construed to require the elimination of a covered grant 
     program.''.
       (b) Covered Grant Eligibility and Criteria.--The Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et 
     seq.), as amended by subsection (a), is amended by adding at 
     the end the following:

     ``SEC. 2002. COVERED GRANT ELIGIBILITY AND CRITERIA.

       ``(a) Grant Eligibility.--
       ``(1) In general.--
       ``(A) General eligibility.--Except as provided in 
     subparagraphs (B) and (C), any State, region, or directly 
     eligible tribe shall be eligible to apply for a covered 
     grant.
       ``(B) Urban area security initiative.--Only a region shall 
     be eligible to apply for a grant under the Urban Area 
     Security Initiative of the Department, or any successor to 
     such grant program.
       ``(C) State homeland security grant program.--Only a State 
     shall be eligible to apply for a grant under the State 
     Homeland Security Grant Program of the Department, or any 
     successor to such grant program.
       ``(2) Other grant applicants.--
       ``(A) In general.--Grants provided by the Department for 
     improving homeland security, including to seaports, airports, 
     and other transportation facilities, shall be allocated as 
     described in section 2001(a).
       ``(B) Consideration.--Applications for such grants shall be 
     considered, to the extent determined appropriate by the 
     Secretary, pursuant to the procedures and criteria 
     established in this title, except that the eligibility 
     requirements of paragraph (1) shall not apply.
       ``(3) Certification of regions.--
       ``(A) In general.--The Secretary shall certify a geographic 
     area as a region if--
       ``(i) the geographic area meets the criteria under section 
     2007(10)(B) and (C); and
       ``(ii) the Secretary determines, based on an assessment of 
     threat, vulnerability, and consequence, that certifying the 
     geographic area as a region under this title is in the 
     interest of national homeland security.
       ``(B) Existing urban area security initiative areas.--
     Notwithstanding section 2007(10)(B) and (C), a geographic 
     area that, on or before the date of enactment of the 
     Improving America's Security Act of 2007, was designated as a 
     high-threat urban area for purposes of the Urban Area 
     Security Initiative, shall be certified by the Secretary as a 
     region unless the Secretary determines, based on an 
     assessment of threat, vulnerability, and consequence, that 
     certifying the geographic area as a region is not in the 
     interest of national homeland security.
       ``(b) Grant Criteria.--In awarding covered grants, the 
     Secretary shall assist States, local governments, and 
     operators of airports, ports, or similar facilities in 
     achieving, maintaining, and enhancing the essential 
     capabilities established by the Secretary under section 2003.
       ``(c) State Homeland Security Plans.--
       ``(1) Submission of plans.--The Secretary shall require 
     that any State applying to the Secretary for a covered grant 
     shall submit to the Secretary a 3-year State homeland 
     security plan that--
       ``(A) demonstrates the extent to which the State has 
     achieved the essential capabilities that apply to the State;
       ``(B) demonstrates the needs of the State necessary to 
     achieve, maintain, or enhance the essential capabilities that 
     apply to the State;
       ``(C) includes a prioritization of such needs based on 
     threat, vulnerability, and consequence assessment factors 
     applicable to the State;
       ``(D) describes how the State intends--
       ``(i) to address such needs at the city, county, regional, 
     tribal, State, and interstate level, including a precise 
     description of any regional structure the State has 
     established for the purpose of organizing homeland security 
     preparedness activities funded by covered grants;
       ``(ii) to use all Federal, State, and local resources 
     available for the purpose of addressing such needs; and
       ``(iii) to give particular emphasis to regional planning 
     and cooperation, including the activities of 
     multijurisdictional planning agencies governed by local 
     officials, both within its jurisdictional borders and with 
     neighboring States;
       ``(E) is developed in consultation with and subject to 
     appropriate comment by local governments within the State; 
     and
       ``(F) with respect to the emergency preparedness of first 
     responders, addresses the unique aspects of terrorism as part 
     of a comprehensive State emergency management plan.
       ``(2) Approval by secretary.--The Secretary may not award 
     any covered grant to a State unless the Secretary has 
     approved the applicable State homeland security plan.
       ``(d) Consistency With State Plans.--The Secretary shall 
     ensure that each covered grant is used to supplement and 
     support, in a consistent and coordinated manner, the 
     applicable State homeland security plan or plans.
       ``(e) Application for Grant.--
       ``(1) In general.--Except as otherwise provided in this 
     subsection, any State, region, directly eligible tribe, or 
     operator of an airport, port, or similar facility may apply 
     for a covered grant by submitting to the Secretary an 
     application at such time, in such manner, and containing such 
     information as is required under this subsection, or as the 
     Secretary may reasonably require.
       ``(2) Deadlines for applications and awards.--All 
     applications for covered grants shall be submitted at such 
     time as the Secretary may reasonably require for the fiscal 
     year for which they are submitted. The Secretary shall award 
     covered grants for all approved applications for such fiscal 
     year as soon as practicable, but not later than March 1 of 
     such year.
       ``(3) Availability of funds.--All funds awarded by the 
     Secretary under covered grants in a fiscal year shall be 
     available for obligation through the end of the second 
     subsequent fiscal year.
       ``(4) Minimum contents of application.--The Secretary shall 
     require that each applicant include in its application, at a 
     minimum--
       ``(A) the purpose for which the applicant seeks covered 
     grant funds and the reasons why the applicant needs the 
     covered grant to meet the essential capabilities for 
     terrorism preparedness within the State, region, or directly 
     eligible tribe or at the airport, port, or similar facility 
     to which the application pertains;
       ``(B) a description of how, by reference to the applicable 
     State homeland security plan or plans under subsection (c), 
     the allocation of grant funding proposed in the application, 
     including, where applicable, the amount not passed through 
     under section 2006(g)(1), would assist in fulfilling the 
     essential capabilities specified in such plan or plans;
       ``(C) a statement of whether a mutual aid agreement applies 
     to the use of all or any portion of the covered grant funds;
       ``(D) if the applicant is a State, a description of how the 
     State plans to allocate the covered grant funds to regions, 
     local governments, and Indian tribes;
       ``(E) if the applicant is a region--
       ``(i) a precise geographical description of the region and 
     a specification of all participating and nonparticipating 
     local governments within the geographical area comprising 
     that region;
       ``(ii) a specification of what governmental entity within 
     the region will administer the expenditure of funds under the 
     covered grant;
       ``(iii) a designation of a specific individual to serve as 
     regional liaison; and
       ``(iv) a description of how the governmental entity 
     administering the expenditure of funds under the covered 
     grant plans to allocate the covered grant funds to States, 
     local governments, and Indian tribes;
       ``(F) a capital budget showing how the applicant intends to 
     allocate and expend the covered grant funds; and
       ``(G) if the applicant is a directly eligible tribe, a 
     designation of a specific individual to serve as the tribal 
     liaison.
       ``(5) Regional applications.--

[[Page S2423]]

       ``(A) Relationship to state applications.--A regional 
     application--
       ``(i) shall be coordinated with an application submitted by 
     the State or States of which such region is a part;
       ``(ii) shall supplement and avoid duplication with such 
     State application; and
       ``(iii) shall address the unique regional aspects of such 
     region's terrorism preparedness needs beyond those provided 
     for in the application of such State or States.
       ``(B) State review and submission.--To ensure the 
     consistency required under subsection (d) and the 
     coordination required under subparagraph (A) of this 
     paragraph, an applicant that is a region shall submit its 
     application to each State of which any part is included in 
     the region for review and concurrence before the submission 
     of such application to the Secretary. The regional 
     application shall be transmitted to the Secretary through 
     each such State within 30 days after receipt of the 
     application by that State, unless the Governor of such a 
     State notifies the Secretary, in writing, that such regional 
     application is inconsistent with the State's homeland 
     security plan and provides an explanation of the reasons 
     therefor.
       ``(C) Distribution of regional awards.--If the Secretary 
     approves a regional application, then the Secretary shall 
     distribute a regional award to the State or States submitting 
     the applicable regional application under subparagraph (B), 
     and each such State shall, not later than the end of the 45-
     day period beginning on the date after receiving a regional 
     award, pass through to the region all covered grant funds or 
     resources purchased with such funds, except those funds 
     necessary for the State to carry out its responsibilities 
     with respect to such regional application. In no such case 
     shall the State or States pass through to the region less 
     than 80 percent of the regional award.
       ``(D) Certifications regarding distribution of grant funds 
     to regions.--Any State that receives a regional award under 
     subparagraph (C) shall certify to the Secretary, by not later 
     than 30 days after the expiration of the period described in 
     subparagraph (C) with respect to the grant, that the State 
     has made available to the region the required funds and 
     resources in accordance with subparagraph (C).
       ``(E) Direct payments to regions.--If any State fails to 
     pass through a regional award to a region as required by 
     subparagraph (C) within 45 days after receiving such award 
     and does not request or receive an extension of such period 
     under section 2006(h)(2), the region may petition the 
     Secretary to receive directly the portion of the regional 
     award that is required to be passed through to such region 
     under subparagraph (C).
       ``(F) Regional liaisons.--A regional liaison designated 
     under paragraph (4)(E)(iii) shall--
       ``(i) coordinate with Federal, State, local, regional, and 
     private officials within the region concerning terrorism 
     preparedness;
       ``(ii) develop a process for receiving input from Federal, 
     State, local, regional, and private sector officials within 
     the region to assist in the development of the regional 
     application and to improve the region's access to covered 
     grants; and
       ``(iii) administer, in consultation with State, local, 
     regional, and private officials within the region, covered 
     grants awarded to the region.
       ``(6) Tribal applications.--
       ``(A) Submission to the state or states.--To ensure the 
     consistency required under subsection (d), an applicant that 
     is a directly eligible tribe shall submit its application to 
     each State within the boundaries of which any part of such 
     tribe is located for direct submission to the Department 
     along with the application of such State or States.
       ``(B) Opportunity for state comment.--Before awarding any 
     covered grant to a directly eligible tribe, the Secretary 
     shall provide an opportunity to each State within the 
     boundaries of which any part of such tribe is located to 
     comment to the Secretary on the consistency of the tribe's 
     application with the State's homeland security plan. Any such 
     comments shall be submitted to the Secretary concurrently 
     with the submission of the State and tribal applications.
       ``(C) Final authority.--The Secretary shall have final 
     authority to determine the consistency of any application of 
     a directly eligible tribe with the applicable State homeland 
     security plan or plans, and to approve any application of 
     such tribe. The Secretary shall notify each State within the 
     boundaries of which any part of such tribe is located of the 
     approval of an application by such tribe.
       ``(D) Tribal liaison.--A tribal liaison designated under 
     paragraph (4)(G) shall--
       ``(i) coordinate with Federal, State, and private sector 
     officials to assist in the development of the application of 
     such tribe and to improve the tribe's access to covered 
     grants; and
       ``(ii) administer, in consultation with State, local, 
     regional, and private officials, covered grants awarded to 
     such tribe.
       ``(E) Limitation on the number of direct grants.--The 
     Secretary may make covered grants directly to not more than 
     20 directly eligible tribes per fiscal year.
       ``(F) Tribes not receiving direct grants.--An Indian tribe 
     that does not receive a grant directly under this section is 
     eligible to receive funds under a covered grant from the 
     State or States within the boundaries of which any part of 
     such tribe is located, consistent with the homeland security 
     plan of the State as described in subsection (c). If a State 
     fails to comply with section 2006(g)(1), the tribe may 
     request payment under section 2006(h)(3) in the same manner 
     as a local government.
       ``(7) Equipment standards.--If an applicant for a covered 
     grant proposes to upgrade or purchase, with assistance 
     provided under the grant, new equipment or systems that do 
     not meet or exceed any applicable national voluntary 
     consensus standards established by the Secretary under 
     section 2005(a), the applicant shall include in the 
     application an explanation of why such equipment or systems 
     will serve the needs of the applicant better than equipment 
     or systems that meet or exceed such standards.
       ``(f) Homeland Security Grants Board.--
       ``(1) Establishment of board.--The Secretary shall 
     establish a Homeland Security Grants Board, consisting of--
       ``(A) the Secretary;
       ``(B) the Deputy Secretary of Homeland Security;
       ``(C) the Under Secretary for Emergency Preparedness and 
     Response;
       ``(D) the Under Secretary for Border and Transportation 
     Security;
       ``(E) the Under Secretary for Information Analysis and 
     Infrastructure Protection;
       ``(F) the Under Secretary for Science and Technology; and
       ``(G) the Director of the Office of State and Local 
     Government Coordination.
       ``(2) Chairman.--
       ``(A) In general.--The Secretary shall be the Chairman of 
     the Board.
       ``(B) Exercise of authorities by deputy secretary.--The 
     Deputy Secretary of Homeland Security may exercise the 
     authorities of the Chairman, if the Secretary so directs.
       ``(3) Risk-based ranking of grant applications.--
       ``(A) Prioritization of grants.--The Board--
       ``(i) shall evaluate and annually prioritize all pending 
     applications for covered grants based upon the degree to 
     which they would, by achieving, maintaining, or enhancing the 
     essential capabilities of the applicants on a nationwide 
     basis, lessen the threat to, vulnerability of, and 
     consequences for persons and critical infrastructure; and
       ``(ii) in evaluating the threat to persons and critical 
     infrastructure for purposes of prioritizing covered grants, 
     shall give greater weight to threats of terrorism based on 
     their specificity and credibility, including any pattern of 
     repetition.
       ``(B) Minimum amounts.--
       ``(i) In general.--After evaluating and prioritizing grant 
     applications under subparagraph (A), the Board shall ensure 
     that, for each fiscal year, each State that has an approved 
     State homeland security plan receives no less than 0.25 
     percent of the funds available for the State Homeland 
     Security Grant Program, as described in section 2001(b)(1), 
     for that fiscal year for purposes of implementing its 
     homeland security plan in accordance with the prioritization 
     of additional needs under subsection (c)(1)(C).
       ``(ii) Other entities.--Notwithstanding clause (i), the 
     Board shall ensure that, for each fiscal year, American 
     Samoa, the Commonwealth of the Northern Mariana Islands, 
     Guam, and the Virgin Islands each receive 0.08 percent of the 
     funds available for the State Homeland Security Grant 
     Program, as described in section 2001(b)(1), for that fiscal 
     year for purposes of implementing its homeland security plan 
     in accordance with the prioritization of additional needs 
     under subsection (c)(1)(C).
       ``(4) Functions of under secretaries.--The Under 
     Secretaries referred to in paragraph (1) shall seek to ensure 
     that the relevant expertise and input of the staff of their 
     directorates are available to and considered by the Board.''.

     SEC. 202. ESSENTIAL CAPABILITIES, TASK FORCES, AND STANDARDS.

       The Homeland Security Act of 2002 (Public Law 107-296; 6 
     U.S.C. 361 et seq.), as amended by section 201, is amended by 
     adding at the end the following:

     ``SEC. 2003. ESSENTIAL CAPABILITIES FOR HOMELAND SECURITY.

       ``(a) Establishment of Essential Capabilities.--
       ``(1) In general.--For purposes of making covered grants, 
     the Secretary shall establish clearly defined essential 
     capabilities for State and local government preparedness for 
     terrorism, in consultation with--
       ``(A) the Task Force on Essential Capabilities established 
     under section 2004;
       ``(B) the Under Secretaries for Emergency Preparedness and 
     Response, Border and Transportation Security, Information 
     Analysis and Infrastructure Protection, and Science and 
     Technology, and the Director of the Office of State and Local 
     Government Coordination;
       ``(C) the Secretary of Health and Human Services;
       ``(D) other appropriate Federal agencies;
       ``(E) State and local first responder agencies and 
     officials; and
       ``(F) consensus-based standard making organizations 
     responsible for setting standards relevant to the first 
     responder community.
       ``(2) Deadlines.--The Secretary shall--
       ``(A) establish essential capabilities under paragraph (1) 
     within 30 days after receipt of the report under section 
     2004(b); and
       ``(B) regularly update such essential capabilities as 
     necessary, but not less than every 3 years.

[[Page S2424]]

       ``(3) Provision of essential capabilities.--The Secretary 
     shall ensure that a detailed description of the essential 
     capabilities established under paragraph (1) is provided 
     promptly to the States and to Congress. The States shall make 
     the essential capabilities available as necessary and 
     appropriate to local governments and operators of airports, 
     ports, and other similar facilities within their 
     jurisdictions.
       ``(b) Objectives.--The Secretary shall ensure that 
     essential capabilities established under subsection (a)(1) 
     meet the following objectives:
       ``(1) Specificity.--The determination of essential 
     capabilities specifically shall describe the training, 
     planning, personnel, and equipment that different types of 
     communities in the Nation should possess, or to which they 
     should have access, in order to meet the Department's goals 
     for terrorism preparedness based upon--
       ``(A) the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States;
       ``(B) the types of threats, vulnerabilities, geography, 
     size, and other factors that the Secretary has determined to 
     be applicable to each different type of community; and
       ``(C) the principles of regional coordination and mutual 
     aid among State and local governments.
       ``(2) Flexibility.--The establishment of essential 
     capabilities shall be sufficiently flexible to allow State 
     and local government officials to set priorities based on 
     particular needs, while reaching nationally determined 
     terrorism preparedness levels within a specified time period.
       ``(3) Measurability.--The establishment of essential 
     capabilities shall be designed to enable measurement of 
     progress toward specific terrorism preparedness goals.
       ``(4) Comprehensiveness.--The determination of essential 
     capabilities for terrorism preparedness shall be made within 
     the context of a comprehensive State emergency management 
     system.
       ``(c) Factors To Be Considered.--
       ``(1) In general.--In establishing essential capabilities 
     under subsection (a)(1), the Secretary specifically shall 
     consider the variables of threat, vulnerability, and 
     consequences with respect to the Nation's population 
     (including transient commuting and tourist populations) and 
     critical infrastructure. Such consideration shall be based 
     upon the most current risk assessment available by the 
     Directorate for Information Analysis and Infrastructure 
     Protection of the threats of terrorism against the United 
     States.
       ``(2) Critical infrastructure sectors.--The Secretary 
     specifically shall consider threats of terrorism against the 
     following critical infrastructure sectors in all areas of the 
     Nation, urban and rural:
       ``(A) Agriculture.
       ``(B) Banking and finance.
       ``(C) Chemical industries.
       ``(D) The defense industrial base.
       ``(E) Emergency services.
       ``(F) Energy.
       ``(G) Food.
       ``(H) Government.
       ``(I) Postal and shipping.
       ``(J) Public health.
       ``(K) Information and telecommunications networks.
       ``(L) Transportation.
       ``(M) Water.
     The order in which the critical infrastructure sectors are 
     listed in this paragraph shall not be construed as an order 
     of priority for consideration of the importance of such 
     sectors.
       ``(3) Types of threat.--The Secretary specifically shall 
     consider the following types of threat to the critical 
     infrastructure sectors described in paragraph (2), and to 
     populations in all areas of the Nation, urban and rural:
       ``(A) Biological threats.
       ``(B) Nuclear threats.
       ``(C) Radiological threats.
       ``(D) Incendiary threats.
       ``(E) Chemical threats.
       ``(F) Explosives.
       ``(G) Suicide bombers.
       ``(H) Cyber threats.
       ``(I) Any other threats based on proximity to specific past 
     acts of terrorism or the known activity of any terrorist 
     group.
     The order in which the types of threat are listed in this 
     paragraph shall not be construed as an order of priority for 
     consideration of the importance of such threats.
       ``(4) Consideration of additional factors.--In establishing 
     essential capabilities under subsection (a)(1), the Secretary 
     shall take into account any other specific threat to a 
     population (including a transient commuting or tourist 
     population) or critical infrastructure sector that the 
     Secretary has determined to exist.

     ``SEC. 2004. TASK FORCE ON ESSENTIAL CAPABILITIES.

       ``(a) Establishment.--To assist the Secretary in 
     establishing essential capabilities under section 2003(a)(1), 
     the Secretary shall establish an advisory body pursuant to 
     section 871(a) not later than 60 days after the date of the 
     enactment of this section, which shall be known as the Task 
     Force on Essential Capabilities.
       ``(b) Report.--
       ``(1) In general.--The Task Force shall submit to the 
     Secretary, not later than 9 months after its establishment by 
     the Secretary under subsection (a) and every 3 years 
     thereafter, a report on its recommendations for essential 
     capabilities for preparedness for terrorism.
       ``(2) Contents.--The report shall--
       ``(A) include a priority ranking of essential capabilities 
     in order to provide guidance to the Secretary and to Congress 
     on determining the appropriate allocation of, and funding 
     levels for, first responder needs;
       ``(B) set forth a methodology by which any State or local 
     government will be able to determine the extent to which it 
     possesses or has access to the essential capabilities that 
     States and local governments having similar risks should 
     obtain;
       ``(C) describe the availability of national voluntary 
     consensus standards, and whether there is a need for new 
     national voluntary consensus standards, with respect to first 
     responder training and equipment;
       ``(D) include such additional matters as the Secretary may 
     specify in order to further the terrorism preparedness 
     capabilities of first responders; and
       ``(E) include such revisions to the contents of past 
     reports as are necessary to take into account changes in the 
     most current risk assessment available by the Directorate for 
     Information Analysis and Infrastructure Protection or other 
     relevant information as determined by the Secretary.
       ``(3) Consistency with federal working group.--The Task 
     Force shall ensure that its recommendations for essential 
     capabilities are, to the extent feasible, consistent with any 
     preparedness goals or recommendations of the Federal working 
     group established under section 319F(a) of the Public Health 
     Service Act (42 U.S.C. 247d-6(a)).
       ``(4) Comprehensiveness.--The Task Force shall ensure that 
     its recommendations regarding essential capabilities for 
     terrorism preparedness are made within the context of a 
     comprehensive State emergency management system.
       ``(5) Prior measures.--The Task Force shall ensure that its 
     recommendations regarding essential capabilities for 
     terrorism preparedness take into account any capabilities 
     that State or local officials have determined to be essential 
     and have undertaken since September 11, 2001, to prevent or 
     prepare for terrorist attacks.
       ``(c) Membership.--
       ``(1) In general.--The Task Force shall consist of 35 
     members appointed by the Secretary, and shall, to the extent 
     practicable, represent a geographic and substantive cross 
     section of governmental and nongovernmental first responder 
     disciplines from the State and local levels, including as 
     appropriate--
       ``(A) members selected from the emergency response field, 
     including fire service and law enforcement, hazardous 
     materials response, emergency medical services, and emergency 
     management personnel (including public works personnel 
     routinely engaged in emergency response);
       ``(B) health scientists, emergency and inpatient medical 
     providers, and public health professionals, including experts 
     in emergency health care response to chemical, biological, 
     radiological, and nuclear terrorism, and experts in providing 
     mental health care during emergency response operations;
       ``(C) experts from Federal, State, and local governments, 
     and the private sector, representing standards-setting 
     organizations, including representation from the voluntary 
     consensus codes and standards development community, 
     particularly those with expertise in first responder 
     disciplines; and
       ``(D) State and local officials with expertise in terrorism 
     preparedness, subject to the condition that if any such 
     official is an elected official representing 1 of the 2 major 
     political parties, an equal number of elected officials shall 
     be selected from each such party.
       ``(2) Coordination with the department of health and human 
     services.--In the selection of members of the Task Force who 
     are health professionals, including emergency medical 
     professionals, the Secretary shall coordinate the selection 
     with the Secretary of Health and Human Services.
       ``(3) Ex officio members.--The Secretary and the Secretary 
     of Health and Human Services shall each designate 1 or more 
     officers of their respective Departments to serve as ex 
     officio members of the Task Force. One of the ex officio 
     members from the Department of Homeland Security shall be the 
     designated officer of the Federal Government for purposes of 
     subsection (e) of section 10 of the Federal Advisory 
     Committee Act (5 App. U.S.C.).
       ``(d) Applicability of Federal Advisory Committee Act.--
     Notwithstanding section 871(a), the Federal Advisory 
     Committee Act (5 U.S.C. App.), including subsections (a), 
     (b), and (d) of section 10 of such Act, and section 552b(c) 
     of title 5, United States Code, shall apply to the Task 
     Force.

     ``SEC. 2005. NATIONAL STANDARDS FOR FIRST RESPONDER EQUIPMENT 
                   AND TRAINING.

       ``(a) Equipment Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office of 
     State and Local Government Coordination, shall, not later 
     than 6 months after the date of enactment of this section, 
     support the development of, promulgate, and update as 
     necessary national voluntary consensus standards for the 
     performance, use, and validation of first responder equipment

[[Page S2425]]

     for purposes of section 2002(e)(7). Such standards--
       ``(A) shall be, to the maximum extent practicable, 
     consistent with any existing voluntary consensus standards;
       ``(B) shall take into account, as appropriate, new types of 
     terrorism threats that may not have been contemplated when 
     such existing standards were developed;
       ``(C) shall be focused on maximizing interoperability, 
     interchangeability, durability, flexibility, efficiency, 
     efficacy, portability, sustainability, and safety; and
       ``(D) shall cover all appropriate uses of the equipment.
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary shall specifically consider the following 
     categories of first responder equipment:
       ``(A) Thermal imaging equipment.
       ``(B) Radiation detection and analysis equipment.
       ``(C) Biological detection and analysis equipment.
       ``(D) Chemical detection and analysis equipment.
       ``(E) Decontamination and sterilization equipment.
       ``(F) Personal protective equipment, including garments, 
     boots, gloves, and hoods, and other protective clothing.
       ``(G) Respiratory protection equipment.
       ``(H) Interoperable communications, including wireless and 
     wireline voice, video, and data networks.
       ``(I) Explosive mitigation devices and explosive detection 
     and analysis equipment.
       ``(J) Containment vessels.
       ``(K) Contaminant-resistant vehicles.
       ``(L) Such other equipment for which the Secretary 
     determines that national voluntary consensus standards would 
     be appropriate.
       ``(b) Training Standards.--
       ``(1) In general.--The Secretary, in consultation with the 
     Under Secretaries for Emergency Preparedness and Response and 
     Science and Technology and the Director of the Office of 
     State and Local Government Coordination, shall support the 
     development of, promulgate, and regularly update as necessary 
     national voluntary consensus standards for first responder 
     training carried out with amounts provided under covered 
     grant programs, that will enable State and local government 
     first responders to achieve optimal levels of terrorism 
     preparedness as quickly as practicable. Such standards shall 
     give priority to providing training to--
       ``(A) enable first responders to prevent, prepare for, 
     respond to, and mitigate terrorist threats, including threats 
     from chemical, biological, nuclear, and radiological weapons 
     and explosive devices capable of inflicting significant human 
     casualties; and
       ``(B) familiarize first responders with the proper use of 
     equipment, including software, developed pursuant to the 
     standards established under subsection (a).
       ``(2) Required categories.--In carrying out paragraph (1), 
     the Secretary specifically shall include the following 
     categories of first responder activities:
       ``(A) Regional planning.
       ``(B) Joint exercises.
       ``(C) Intelligence collection, analysis, and sharing.
       ``(D) Emergency notification of affected populations.
       ``(E) Detection of biological, nuclear, radiological, and 
     chemical weapons of mass destruction.
       ``(F) Such other activities for which the Secretary 
     determines that national voluntary consensus training 
     standards would be appropriate.
       ``(3) Consistency.--In carrying out this subsection, the 
     Secretary shall ensure that such training standards are 
     consistent with the principles of emergency preparedness for 
     all hazards.
       ``(c) Consultation With Standards Organizations.--In 
     establishing national voluntary consensus standards for first 
     responder equipment and training under this section, the 
     Secretary shall consult with relevant public and private 
     sector groups, including--
       ``(1) the National Institute of Standards and Technology;
       ``(2) the National Fire Protection Association;
       ``(3) the National Association of County and City Health 
     Officials;
       ``(4) the Association of State and Territorial Health 
     Officials;
       ``(5) the American National Standards Institute;
       ``(6) the National Institute of Justice;
       ``(7) the Inter-Agency Board for Equipment Standardization 
     and Interoperability;
       ``(8) the National Public Health Performance Standards 
     Program;
       ``(9) the National Institute for Occupational Safety and 
     Health;
       ``(10) ASTM International;
       ``(11) the International Safety Equipment Association;
       ``(12) the Emergency Management Accreditation Program;
       ``(13) the National Domestic Preparedness Consortium; and
       ``(14) to the extent the Secretary considers appropriate, 
     other national voluntary consensus standards development 
     organizations, other interested Federal, State, and local 
     agencies, and other interested persons.
       ``(d) Coordination With Secretary of HHS.--In establishing 
     any national voluntary consensus standards under this section 
     for first responder equipment or training that involve or 
     relate to health professionals, including emergency medical 
     professionals, the Secretary shall coordinate activities 
     under this section with the Secretary of Health and Human 
     Services.''.

     SEC. 203. EFFECTIVE ADMINISTRATION OF HOMELAND SECURITY 
                   GRANTS.

       (a) Use of Grant Funds and Accountability.--The Homeland 
     Security Act of 2002 (Public Law 107-296; 6 U.S.C. 361 et 
     seq.), as amended by sections 201 and 202, is amended by 
     adding at the end the following:

     ``SEC. 2006. USE OF FUNDS AND ACCOUNTABILITY REQUIREMENTS.

       ``(a) In General.--A covered grant may be used for--
       ``(1) purchasing, upgrading, or maintaining equipment, 
     including computer software, to enhance terrorism 
     preparedness and response;
       ``(2) exercises to strengthen terrorism preparedness and 
     response;
       ``(3) training for prevention (including detection) of, 
     preparedness for, or response to attacks involving weapons of 
     mass destruction, including training in the use of equipment 
     and computer software;
       ``(4) developing or updating response plans;
       ``(5) establishing or enhancing mechanisms for sharing 
     terrorism threat information;
       ``(6) systems architecture and engineering, program 
     planning and management, strategy formulation and strategic 
     planning, life-cycle systems design, product and technology 
     evaluation, and prototype development for terrorism 
     preparedness and response purposes;
       ``(7) additional personnel costs resulting from--
       ``(A) elevations in the threat alert level of the Homeland 
     Security Advisory System by the Secretary, or a similar 
     elevation in threat alert level issued by a State, region, or 
     local government with the approval of the Secretary;
       ``(B) travel to and participation in exercises and training 
     in the use of equipment and on prevention activities;
       ``(C) the temporary replacement of personnel during any 
     period of travel to and participation in exercises and 
     training in the use of equipment and on prevention 
     activities; and
       ``(D) participation in information, investigative, and 
     intelligence-sharing activities specifically related to 
     terrorism prevention;
       ``(8) the costs of equipment (including software) required 
     to receive, transmit, handle, and store classified 
     information;
       ``(9) target hardening to reduce the vulnerability of high-
     value targets, as determined by the Secretary;
       ``(10) protecting critical infrastructure against potential 
     attack by the addition of barriers, fences, gates, and other 
     such devices, except that the cost of such measures may not 
     exceed the greater of--
       ``(A) $1,000,000 per project; or
       ``(B) such greater amount as may be approved by the 
     Secretary, which may not exceed 10 percent of the total 
     amount of the covered grant;
       ``(11) the costs of commercially available interoperable 
     communications equipment (which, where applicable, is based 
     on national, voluntary consensus standards) that the 
     Secretary, in consultation with the Chairman of the Federal 
     Communications Commission, determines best suited to 
     facilitate interoperability, coordination, and integration 
     between and among emergency communications systems, and that 
     complies with prevailing grant guidance of the Department for 
     interoperable communications;
       ``(12) educational curricula development for first 
     responders to ensure that they are prepared for terrorist 
     attacks;
       ``(13) training and exercises to assist public elementary 
     and secondary schools in developing and implementing programs 
     to instruct students regarding age-appropriate skills to 
     prepare for and respond to an act of terrorism;
       ``(14) paying of administrative expenses directly related 
     to administration of the grant, except that such expenses may 
     not exceed 3 percent of the amount of the grant; and
       ``(15) other appropriate activities as determined by the 
     Secretary.
       ``(b) Prohibited Uses.--Funds provided as a covered grant 
     may not be used--
       ``(1) to supplant State or local funds that have been 
     obligated for a homeland security or other first responder-
     related project;
       ``(2) to construct buildings or other physical facilities, 
     except for--
       ``(A) activities under section 611 of the Robert T. 
     Stafford Disaster Relief and Emergency Assistance Act (42 
     U.S.C. 5196); and
       ``(B) upgrading facilities to protect against, test for, 
     and treat the effects of biological agents, which shall be 
     included in the homeland security plan approved by the 
     Secretary under section 2002(c);
       ``(3) to acquire land; or
       ``(4) for any State or local government cost-sharing 
     contribution.
       ``(c) Multiple-Purpose Funds.--Nothing in this section 
     shall be construed to preclude State and local governments 
     from using covered grant funds in a manner that also enhances 
     first responder preparedness for emergencies and disasters 
     unrelated to acts of terrorism, if such use assists such 
     governments in achieving essential capabilities for terrorism 
     preparedness established by the Secretary under section 2003.
       ``(d) Reimbursement of Costs.--In addition to the 
     activities described in subsection (a), a covered grant may 
     be used to provide a reasonable stipend to paid-on-call or 
     volunteer first responders who are not otherwise compensated 
     for travel to or participation in

[[Page S2426]]

     training covered by this section. Any such reimbursement 
     shall not be considered compensation for purposes of 
     rendering such a first responder an employee under the Fair 
     Labor Standards Act of 1938 (29 U.S.C. 201 et seq.).
       ``(e) Assistance Requirement.--The Secretary may not 
     request that equipment paid for, wholly or in part, with 
     funds provided as a covered grant be made available for 
     responding to emergencies in surrounding States, regions, and 
     localities, unless the Secretary pays the costs directly 
     attributable to transporting and operating such equipment 
     during such response.
       ``(f) Flexibility in Unspent Homeland Security Grant 
     Funds.--Upon request by the recipient of a covered grant, the 
     Secretary may authorize the grantee to transfer all or part 
     of funds provided as the covered grant from uses specified in 
     the grant agreement to other uses authorized under this 
     section, if the Secretary determines that such transfer is in 
     the interests of homeland security.
       ``(g) State, Regional, and Tribal Responsibilities.--
       ``(1) Pass-through.--The Secretary shall require a 
     recipient of a covered grant that is a State to obligate or 
     otherwise make available to local governments, first 
     responders, and other local groups, to the extent required 
     under the State homeland security plan or plans specified in 
     the application for the grant, not less than 80 percent of 
     the grant funds, resources purchased with the grant funds 
     having a value equal to at least 80 percent of the amount of 
     the grant, or a combination of funds and resources having 
     value equal to at least 80 percent of the amount of the 
     grant, by not later than the end of the 45-day period 
     beginning on the date the grant recipient receives the grant 
     funds.
       ``(2) Certifications regarding distribution of grant funds 
     to local governments.--Any State that receives a covered 
     grant shall certify to the Secretary, by not later than 30 
     days after the expiration of the period described in 
     paragraph (1) with respect to the grant, that the State has 
     made available for expenditure by local governments, first 
     responders, and other local groups the required amount of 
     grant funds under paragraph (1).
       ``(3) Quarterly report on homeland security spending.--Each 
     recipient of a covered grant shall submit a quarterly report 
     to the Secretary not later than 30 days after the end of each 
     fiscal quarter. Each report shall include, for each recipient 
     of a covered grant or a pass-through under paragraph (1)--
       ``(A) the amount obligated to that recipient in that 
     quarter;
       ``(B) the amount expended by that recipient in that 
     quarter; and
       ``(C) a summary description of the items purchased by such 
     recipient with such amount.
       ``(4) Annual report on homeland security spending.--Each 
     recipient of a covered grant shall submit an annual report to 
     the Secretary not later than 60 days after the end of each 
     fiscal year. Each recipient of a covered grant that is a 
     region shall simultaneously submit its report to each State 
     of which any part is included in the region. Each recipient 
     of a covered grant that is a directly eligible tribe shall 
     simultaneously submit its report to each State within the 
     boundaries of which any part of such tribe is located. Each 
     report shall include the following:
       ``(A) The amount, ultimate recipients, and dates of receipt 
     of all funds received under the grant during the previous 
     fiscal year.
       ``(B) The amount and the dates of disbursements of all such 
     funds expended in compliance with paragraph (1) or pursuant 
     to mutual aid agreements or other sharing arrangements that 
     apply within the State, region, or directly eligible tribe, 
     as applicable, during the previous fiscal year.
       ``(C) How the funds were utilized by each ultimate 
     recipient or beneficiary during the preceding fiscal year.
       ``(D) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans were 
     achieved, maintained, or enhanced as the result of the 
     expenditure of grant funds during the preceding fiscal year.
       ``(E) The extent to which essential capabilities identified 
     in the applicable State homeland security plan or plans 
     remain unmet.
       ``(5) Inclusion of restricted annexes.--A recipient of a 
     covered grant may submit to the Secretary an annex to the 
     annual report under paragraph (4) that is subject to 
     appropriate handling restrictions, if the recipient believes 
     that discussion in the report of unmet needs would reveal 
     sensitive but unclassified information.
       ``(6) Provision of reports.--The Secretary shall ensure 
     that each annual report under paragraph (4) is provided to 
     the Under Secretary for Emergency Preparedness and Response 
     and the Director of the Office of State and Local Government 
     Coordination.
       ``(h) Incentives to Efficient Administration of Homeland 
     Security Grants.--
       ``(1) Penalties for delay in passing through local share.--
     If a recipient of a covered grant that is a State fails to 
     pass through to local governments, first responders, and 
     other local groups funds or resources required by subsection 
     (g)(1) within 45 days after receiving funds under the grant, 
     the Secretary may--
       ``(A) reduce grant payments to the grant recipient from the 
     portion of grant funds that is not required to be passed 
     through under subsection (g)(1);
       ``(B) terminate payment of funds under the grant to the 
     recipient, and transfer the appropriate portion of those 
     funds directly to local first responders that were intended 
     to receive funding under that grant; or
       ``(C) impose additional restrictions or burdens on the 
     recipient's use of funds under the grant, which may include--
       ``(i) prohibiting use of such funds to pay the grant 
     recipient's grant-related overtime or other expenses;
       ``(ii) requiring the grant recipient to distribute to local 
     government beneficiaries all or a portion of grant funds that 
     are not required to be passed through under subsection 
     (g)(1); or
       ``(iii) for each day that the grant recipient fails to pass 
     through funds or resources in accordance with subsection 
     (g)(1), reducing grant payments to the grant recipient from 
     the portion of grant funds that is not required to be passed 
     through under subsection (g)(1), except that the total amount 
     of such reduction may not exceed 20 percent of the total 
     amount of the grant.
       ``(2) Extension of period.--The Governor of a State may 
     request in writing that the Secretary extend the 45-day 
     period under section 2002(e)(5)(E) or paragraph (1) of this 
     subsection for an additional 15-day period. The Secretary may 
     approve such a request, and may extend such period for 
     additional 15-day periods, if the Secretary determines that 
     the resulting delay in providing grant funding to the local 
     government entities that will receive funding under the grant 
     will not have a significant detrimental impact on such 
     entities' terrorism preparedness efforts.
       ``(3) Provision of non-local share to local government.--
       ``(A) In general.--The Secretary may upon request by a 
     local government pay to the local government a portion of the 
     amount of a covered grant awarded to a State in which the 
     local government is located, if--
       ``(i) the local government will use the amount paid to 
     expedite planned enhancements to its terrorism preparedness 
     as described in any applicable State homeland security plan 
     or plans;
       ``(ii) the State has failed to pass through funds or 
     resources in accordance with subsection (g)(1); and
       ``(iii) the local government complies with subparagraph 
     (B).
       ``(B) Showing required.--To receive a payment under this 
     paragraph, a local government must demonstrate that--
       ``(i) it is identified explicitly as an ultimate recipient 
     or intended beneficiary in the approved grant application;
       ``(ii) it was intended by the grantee to receive a 
     severable portion of the overall grant for a specific purpose 
     that is identified in the grant application;
       ``(iii) it petitioned the grantee for the funds or 
     resources after expiration of the period within which the 
     funds or resources were required to be passed through under 
     subsection (g)(1); and
       ``(iv) it did not receive the portion of the overall grant 
     that was earmarked or designated for its use or benefit.
       ``(C) Effect of payment.--Payment of grant funds to a local 
     government under this paragraph--
       ``(i) shall not affect any payment to another local 
     government under this paragraph; and
       ``(ii) shall not prejudice consideration of a request for 
     payment under this paragraph that is submitted by another 
     local government.
       ``(D) Deadline for action by secretary.--The Secretary 
     shall approve or disapprove each request for payment under 
     this paragraph by not later than 15 days after the date the 
     request is received by the Department.
       ``(i) Reports to Congress.--The Secretary shall submit an 
     annual report to Congress by December 31 of each year--
       ``(1) describing in detail the amount of Federal funds 
     provided as covered grants that were directed to each State, 
     region, and directly eligible tribe in the preceding fiscal 
     year;
       ``(2) containing information on the use of such grant funds 
     by grantees; and
       ``(3) describing--
       ``(A) the Nation's progress in achieving, maintaining, and 
     enhancing the essential capabilities established under 
     section 2003(a) as a result of the expenditure of covered 
     grant funds during the preceding fiscal year; and
       ``(B) an estimate of the amount of expenditures required to 
     attain across the United States the essential capabilities 
     established under section 2003(a).''.
       (b) Sense of Congress Regarding Citizen Corps Councils.--
       (1) Finding.--Congress finds that Citizen Corps councils 
     help to enhance local citizen participation in terrorism 
     preparedness by coordinating multiple Citizen Corps programs, 
     developing community action plans, assessing possible 
     threats, and identifying local resources.
       (2) Sense of congress.--It is the sense of Congress that 
     individual Citizen Corps councils should seek to enhance the 
     preparedness and response capabilities of all organizations 
     participating in the councils, including by providing funding 
     to as many of their participating organizations as 
     practicable to promote local terrorism preparedness programs.
       (c) Required Coordination.--The Secretary shall ensure that 
     there is effective and ongoing coordination of Federal 
     efforts to prevent, prepare for, and respond to acts

[[Page S2427]]

     of terrorism and other major disasters and emergencies among 
     the divisions of the Department, including the Directorate of 
     Emergency Preparedness and Response and the Office for State 
     and Local Government Coordination and Preparedness.
       (d) Coordination of Industry Efforts.--Section 102(f) of 
     the Homeland Security Act of 2002 (6 U.S.C. 112(f)) is 
     amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon;
       (2) in paragraph (10), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following:
       ``(11) coordinating industry efforts, with respect to 
     functions of the Department, to identify private sector 
     resources and capabilities that could be effective in 
     supplementing Federal, State, and local government agency 
     efforts to prevent or respond to a terrorist attack.''.
       (e) Study Regarding Nationwide Emergency Notification 
     System.--
       (1) Study.--The Secretary, in consultation with the heads 
     of other appropriate Federal agencies and representatives of 
     providers and participants in the telecommunications 
     industry, shall conduct a study to determine whether it is 
     cost effective, efficient, and feasible to establish and 
     implement an emergency telephonic alert notification system 
     that will--
       (A) alert persons in the United States of imminent or 
     current hazardous events caused by acts of terrorism; and
       (B) provide information to individuals regarding 
     appropriate measures that may be undertaken to alleviate or 
     minimize threats to their safety and welfare posed by such 
     events.
       (2) Technologies to consider.--In conducting the study 
     under paragraph (1), the Secretary shall consider the use of 
     the telephone, wireless communications, and other existing 
     communications networks to provide such notification.
       (3) Report.--Not later than 9 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report regarding the conclusions of the study conducted 
     under paragraph (1).
       (f) Study of Expansion of Area of Jurisdiction of Office of 
     National Capital Region Coordination.--
       (1) Study.--The Secretary, acting through the Director of 
     the Office of National Capital Region Coordination, shall 
     conduct a study of the feasibility and desirability of 
     modifying the definition of ``National Capital Region'' 
     applicable under section 882 of the Homeland Security Act of 
     2002 (6 U.S.C. 462) to expand the geographic area under the 
     jurisdiction of the Office of National Capital Region 
     Coordination.
       (2) Factors.--In conducting the study under paragraph (1), 
     the Secretary shall analyze whether expanding the geographic 
     area under the jurisdiction of the Office of National Region 
     Coordination will--
       (A) promote coordination among State and local governments 
     within the Region, including regional governing bodies, and 
     coordination of the efforts of first responders; and
       (B) enhance the ability of such State and local governments 
     and the Federal Government to prevent and respond to a 
     terrorist attack within the Region.
       (3) Report.--Not later than 6 months after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     Congress on the study conducted under paragraph (1), and 
     shall include in the report such recommendations (including 
     recommendations for legislation to amend section 882 of the 
     Homeland Security Act of 2002 (6 U.S.C. 462)) as the 
     Secretary considers appropriate.
       (g) Study of Risk Allocation for Port Security Grants.--
       (1) Study.--The Secretary shall conduct a study of the 
     factors to be used for the allocation of funds based on risk 
     for port security grants made under section 70107 of title 
     46, United States Code.
       (2) Factors.--In conducting the study, the Secretary shall 
     analyze the volume of international trade and economic 
     significance of each port.
       (3) Report.--Not later than 90 days after the enactment of 
     the Act, the Secretary shall submit a report to Congress on 
     the study and shall include recommendations for using such 
     factors in allocating grant funds to ports.
       (h) Study of Allocation of Assistance to Firefighter 
     Grants.--
       (1) Study.--The Secretary shall conduct a study of the 
     allocation of grant fund awards made under the Assistance to 
     Firefighter Grants program and shall analyze the distribution 
     of awards by State.
       (2) Factors.--In conducting the study, the Secretary shall 
     analyze the number of awards and the per capita amount of 
     grant funds awarded to each State and the level of unmet 
     firefighting equipment needs in each State. The study shall 
     also analyze whether allowing local departments to submit 
     more than 1 annual application and expanding the list of 
     eligible applicants for such grants to include States will 
     enhance the ability of State and local governments to respond 
     to fires.
       (3) Report.--Not later than 90 days after the date of 
     enactment of the Act, the Secretary shall submit a report to 
     Congress on the study and shall include recommendations for 
     legislation amending the factors used in allocating grant 
     funds to insure that critical firefighting needs are 
     addressed by the program in all areas of the Nation.

     SEC. 204. IMPLEMENTATION; DEFINITIONS; TABLE OF CONTENTS.

       (a) Technical and Conforming Amendment.--Section 1014 of 
     the USA PATRIOT ACT (42 U.S.C. 3714) is amended--
       (1) by striking subsection (c)(3);
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Administration.--Grants under this section shall be 
     administered in accordance with title XX of the Homeland 
     Security Act of 2002.''.
       (b) Temporary Limitations on Application.--
       (1) 1-year delay in application.--The following provisions 
     of title XX of the Homeland Security Act of 2002, as added by 
     this Act, shall not apply during the 1-year period beginning 
     on the date of enactment of this Act--
       (A) Subsections (b), (c), and (e)(4) (A) and (B) of section 
     2002; and
       (B) In section 2002(f)(3)(A)(i), the phrase ``by achieving, 
     maintaining, or enhancing the essential capabilities of the 
     applicants on a nationwide basis,''.
       (2) 2-year delay in application.--The following provisions 
     of title XX of the Homeland Security Act of 2002, as added by 
     this Act, shall not apply during the 2-year period beginning 
     on the date of enactment of this Act--
       (A) Subparagraphs (D) and (E) of section 2006(g)(4); and
       (B) Section 2006(i)(3).
       (c) Definitions.--
       (1) Title xx.--Title XX of the Homeland Security Act of 
     2002, as amended by sections 201, 202, and 203 is amended by 
     adding at the end the following:

     ``SEC. 2007. DEFINITIONS.

       ``In this title:
       ``(1) Board.--The term `Board' means the Homeland Security 
     Grants Board established under section 2002(f).
       ``(2) Consequence.--The term `consequence' means the 
     assessment of the effect of a completed attack.
       ``(3) Covered grant.--The term `covered grant' means any 
     grant to which this title applies under section 2001(b).
       ``(4) Directly eligible tribe.--The term `directly eligible 
     tribe' means any Indian tribe or consortium of Indian tribes 
     that--
       ``(A) meets the criteria for inclusion in the qualified 
     applicant pool for self-governance that are set forth in 
     section 402(c) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 458bb(c));
       ``(B) employs at least 10 full-time personnel in a law 
     enforcement or emergency response agency with the capacity to 
     respond to calls for law enforcement or emergency services; 
     and
       ``(C)(i) is located on, or within 5 miles of, an 
     international border or waterway;
       ``(ii) is located within 5 miles of a facility designated 
     as high-risk critical infrastructure by the Secretary;
       ``(iii) is located within or contiguous to 1 of the 50 
     largest metropolitan statistical areas in the United States; 
     or
       ``(iv) has more than 1,000 square miles of Indian country, 
     as that term is defined in section 1151 of title 18, United 
     States Code.
       ``(5) Elevations in the threat alert level.--The term 
     `elevations in the threat alert level' means any designation 
     (including those that are less than national in scope) that 
     raises the homeland security threat level to either the 
     highest or second-highest threat level under the Homeland 
     Security Advisory System referred to in section 201(d)(7).
       ``(6) Emergency preparedness.--The term `emergency 
     preparedness' shall have the same meaning that term has under 
     section 602 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5195a).
       ``(7) Essential capabilities.--The term `essential 
     capabilities' means the levels, availability, and competence 
     of emergency personnel, planning, training, and equipment 
     across a variety of disciplines needed to effectively and 
     efficiently prevent, prepare for, and respond to acts of 
     terrorism consistent with established practices.
       ``(8) First responder.--The term `first responder' shall 
     have the same meaning as the term `emergency response 
     provider' under section 2.
       ``(9) Indian tribe.--The term `Indian tribe' means any 
     Indian tribe, band, nation, or other organized group or 
     community, including any Alaskan Native village or regional 
     or village corporation as defined in or established pursuant 
     to the Alaskan Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.), which is recognized as eligible for the special 
     programs and services provided by the United States to 
     Indians because of their status as Indians.
       ``(10) Region.--The term `region' means any geographic 
     area--
       ``(A) certified by the Secretary under section 2002(a)(3);
       ``(B) consisting of all or parts of 2 or more counties, 
     municipalities, or other local governments and including a 
     city with a core population exceeding 500,000 according to 
     the most recent estimate available from the United States 
     Census; and
       ``(C) that, for purposes of an application for a covered 
     grant--
       ``(i) is represented by 1 or more local governments or 
     governmental agencies within such geographic area; and

[[Page S2428]]

       ``(ii) is established by law or by agreement of 2 or more 
     such local governments or governmental agencies, such as 
     through a mutual aid agreement.
       ``(11) Risk-based funding.--The term `risk-based funding' 
     means the allocation of funds based on an assessment of 
     threat, vulnerability, and consequence.
       ``(12) Task force.--The term `Task Force' means the Task 
     Force on Essential Capabilities established under section 
     2004.
       ``(13) Threat.--The term `threat' means the assessment of 
     the plans, intentions, and capability of an adversary to 
     implement an identified attack scenario.
       ``(14) Vulnerability.--The term `vulnerability' means the 
     degree to which a facility is available or accessible to an 
     attack, including the degree to which the facility is 
     inherently secure or has been hardened against such an 
     attack.''.
       (2) Definition of emergency response providers.--Paragraph 
     (6) of section 2 of the Homeland Security Act of 2002 (6 
     U.S.C. 101(6)) is amended by striking ``includes'' and all 
     that follows and inserting ``includes Federal, State, and 
     local governmental and nongovernmental emergency public 
     safety, law enforcement, fire, emergency response, emergency 
     medical (including hospital emergency facilities), and 
     related personnel, organizations, agencies, and 
     authorities.''.
       (d) Table of Contents.--Section 1(b) of the Homeland 
     Security Act of 2002 (6 U.S.C. 101 note) is amended in the 
     table of contents by adding at the end the following:

          ``TITLE XX--RISK-BASED FUNDING FOR HOMELAND SECURITY

``Sec. 2001. Risk-Based funding for homeland security.
``Sec. 2002. Covered grant eligibility and criteria.
``Sec. 2003. Essential capabilities for homeland security.
``Sec. 2004. Task Force on Essential Capabilities.
``Sec. 2005. National standards for first responder equipment and 
              training.
``Sec. 2006. Use of funds and accountability requirements.
``Sec. 2007. Definitions.''.

       On page 116, line 8, strike ``0.75 percent'' and insert 
     ``0.25 percent''.
       On page 116, line 13, strike ``0.25 percent'' and insert 
     ``0.08 percent''.
       On page 347, strike lines 19 through 22, and insert the 
     following:
       ``(1) result in distributions to public safety entities 
     among the several States that ensure that for each fiscal 
     year--
       ``(A) no State receives less than an amount equal to 0.25 
     percent of the total funds appropriated for such grants; and
       ``(B) American Samoa, the Commonwealth of the Northern 
     Mariana Islands, Guam, and the Virgin Islands each receive no 
     less than 0.08 percent of the amounts appropriated for such 
     grants; and
                                 ______
                                 
  SA 277. Ms. COLLINS (for herself, Mr. Alexander, Mr. Carper, Ms. 
Snowe, Ms. Cantwell, Ms. Mikulski, Mr. Chambliss, and Ms. Murkowski) 
proposed an amendment to amendment SA 275 proposed by Mr. Reid (for 
himself, Mr. Lieberman, and Ms. Collins) to the bill 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; as follows:

       On page 145, strike line 21 and insert the following:

     SEC. 404. IDENTIFICATION DOCUMENTS.

       (a) Minimum Document Requirements.--Section 202(a)(1) of 
     the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended by 
     striking ``3 years after the date of the enactment of this 
     division'' and inserting ``2 years after the promulgation of 
     final regulations to implement this section''.
       (b) Authority To Extend Compliance Deadlines.--Section 
     205(b) of the REAL ID Act of 2005 (49 U.S.C. 30301 note) is 
     amended--
       (1) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (2) by adding at the end the following:
       ``(2) Lack of validation systems.--If the Secretary 
     determines that the Federal or State electronic systems 
     required to verify the validity and completeness of documents 
     under section 202(c)(3) are not available to any State on the 
     date described in section 202(a)(1), the requirements under 
     section 202(c)(1) shall not apply to any State until adequate 
     electronic validation systems are available to all States.''.
       (c) Negotiated Rulemaking.--
       (1) Negotiated rulemaking committee.--Not later than 30 
     days after the date of the enactment of this Act, the 
     Secretary shall reconvene the committee originally 
     established pursuant to section 7212(b)(4) of the 9/11 
     Commission Implementation Act of 2004 (49 U.S.C. 30301 note), 
     with the addition of any new interested parties, including 
     experts in privacy protection, experts in civil liberties and 
     protection of constitutional rights, and experts in 
     immigration law, to--
       (A) review the regulations proposed by the Secretary to 
     implement section 202 of the REAL ID Act of 2005 (49 U.S.C. 
     30301 note);
       (B) review the provisions of the REAL ID Act of 2005;
       (C) submit recommendations to the Secretary regarding 
     appropriate modifications to such regulations; and
       (D) submit recommendations to the Secretary and Congress 
     regarding appropriate modifications to the REAL ID Act of 
     2005.
       (2) Criteria.--In conducting the review under paragraph 
     (1)(A), the committee shall consider, in addition to other 
     factors at the discretion of the committee, modifications to 
     the regulations to--
       (A) minimize conflicts between State laws regarding 
     driver's license eligibility;
       (B) include procedures and requirements to protect the 
     Federal and State constitutional rights, civil liberties, and 
     privacy rights of individuals who apply for and hold driver's 
     licenses and personal identification cards;
       (C) protect the security of all personal information 
     maintained in electronic form;
       (D) provide individuals with procedural and substantive due 
     process, including rules and right of appeal, to challenge 
     errors in data records contained within the databases created 
     to implement section 202 of the REAL ID Act of 2005;
       (E) ensure that private entities are not permitted to scan 
     the information contained on the face of a license, or in the 
     machine readable component of the license, and resell, share, 
     or trade such information with third parties;
       (F) provide a fair system of funding to limit the costs of 
     meeting the requirements of section 202 of the REAL ID Act of 
     2005;
       (G) facilitate the management of vital identity-proving 
     records; and
       (H) improve the effectiveness and security of Federal 
     documents used to validate identification.
       (3) Rulemaking.--To the extent that the final regulations 
     to implement section 202 of the REAL ID Act of 2005 do not 
     reflect the modifications recommended by the committee 
     pursuant to paragraph (1)(C), the Secretary shall include, 
     with such regulations in the Federal Register, the reasons 
     for rejecting such modifications.
       (4) Reports.--Not later than 120 days after reconvening 
     under paragraph (1), the committee 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 that includes--
       (A) the list of recommended modifications to the 
     regulations that were submitted to the Secretary under 
     paragraph (1)(C); and
       (B) a list of recommended amendments to the Real ID Act of 
     2005 that would address any concerns that could not be 
     resolved by regulation.
       (d) Enhanced Driver's License.--
                                 ______
                                 
  SA 278. Mrs. CLINTON (for herself and Mr. Schumer) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. HEALTH CARE SCREENING, MONITORING, AND TREATMENT 
                   FOR EMERGENCY SERVICES PERSONNEL.

       Of the unexpended balances made available for the 
     ``Department of Labor, Employment Training Administration 
     Training and Employment Services'' by the President on 
     September 21, 2001, under the authority of the 2001 Emergency 
     Supplemental Appropriations Act for Recovery from and 
     Response to Terrorist Attacks on the United States (Public 
     Law 107-38; 115 Stat. 220), $3,600,000 shall be transferred 
     to the Centers for Disease Control and Prevention and made 
     available to provide health care screening, monitoring, and 
     treatment for emergency services, rescue and recovery 
     personnel responding to the attacks of September 11, 2001, 
     under section 5011(b) of the Emergency Supplemental 
     Appropriations Act to Address Hurricanes in the Gulf of 
     Mexico and Pandemic Influenza, 2006 (Public Law 109-148; 119 
     Stat. 2814).
                                 ______
                                 
  SA 279. Mr. DeMINT proposed an amendment to amendment SA 275 proposed 
by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill 
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; as 
follows:

       At the appropriate place, insert the following:

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

       (a) In General.--Section 70105 of title 46, United States 
     Code, is amended--
       (1) in subsection (b)(1), by striking ``decides that the 
     individual poses a security risk under subsection (c)'' and 
     inserting ``determines under subsection (c) that the 
     individual poses a security risk''; and
       (2) in subsection (c), by amending paragraph (1) to read as 
     follows:
       ``(1) Disqualifications.--
       ``(A) Permanent disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is permanently 
     disqualified from being issued a biometric

[[Page S2429]]

     transportation security card under subsection (b) if the 
     individual has been convicted, or found not guilty by reason 
     of insanity, in a civilian or military jurisdiction of any of 
     the following felonies:
       ``(i) Espionage or conspiracy to commit espionage.
       ``(ii) Sedition or conspiracy to commit sedition.
       ``(iii) Treason or conspiracy to commit treason.
       ``(iv) A Federal crime of terrorism (as defined in section 
     2332b(g) of title 18), a comparable State law, or conspiracy 
     to commit such crime.
       ``(v) A crime involving a transportation security incident.
       ``(vi) Improper transportation of a hazardous material 
     under section 5124 of title 49, or a comparable State law.
       ``(vii) Unlawful possession, use, sale, distribution, 
     manufacture, purchase, receipt, transfer, shipping, 
     transporting, import, export, storage of, or dealing in an 
     explosive or explosive device. In this clause, an explosive 
     or explosive device includes--

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

       ``(viii) Murder.
       ``(ix) Making any threat, or maliciously conveying false 
     information knowing the same to be false, concerning the 
     deliverance, placement, or detonation of an explosive or 
     other lethal device in or against a place of public use, a 
     State or other government facility, a public transportation 
     system, or an infrastructure facility.
       ``(x) A violation of the Racketeer Influenced and Corrupt 
     Organizations Act (18 U.S.C. 1961 et seq.), or a comparable 
     State law, if 1 of the predicate acts found by a jury or 
     admitted by the defendant consists of 1 of the crimes listed 
     in this subparagraph.
       ``(xi) Attempt to commit any of the crimes listed in 
     clauses (i) through (iv).
       ``(xii) Conspiracy or attempt to commit any of the crimes 
     described in clauses (v) through (x).
       ``(B) Interim disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is disqualified 
     from being issued a biometric transportation security card 
     under subsection (b) if the individual has been convicted, or 
     found not guilty by reason of insanity, during the 7-year 
     period ending on the date on which the individual applies for 
     such card, or was released from incarceration during the 5-
     year period ending on the date on which the individual 
     applies for such card, of any of the following felonies:
       ``(i) Unlawful possession, use, sale, manufacture, 
     purchase, distribution, receipt, transfer, shipping, 
     transporting, delivery, import, export of, or dealing in a 
     firearm or other weapon. In this clause, a firearm or other 
     weapon includes--

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

       ``(ii) Extortion.
       ``(iii) Dishonesty, fraud, or misrepresentation, including 
     identity fraud and money laundering if the money laundering 
     is related to a crime described in this subparagraph or 
     subparagraph (A). In this clause, welfare fraud and passing 
     bad checks do not constitute dishonesty, fraud, or 
     misrepresentation.
       ``(iv) Bribery.
       ``(v) Smuggling.
       ``(vi) Immigration violations.
       ``(vii) Distribution of, possession with intent to 
     distribute, or importation of a controlled substance.
       ``(viii) Arson.
       ``(ix) Kidnapping or hostage taking.
       ``(x) Rape or aggravated sexual abuse.
       ``(xi) Assault with intent to kill.
       ``(xii) Robbery.
       ``(xiii) Conspiracy or attempt to commit any of the crimes 
     listed in this subparagraph.
       ``(xiv) Fraudulent entry into a seaport under section 1036 
     of title 18, or a comparable State law.
       ``(xv) A violation of the Racketeer Influenced and Corrupt 
     Organizations Act (18 U.S.C. 1961 et seq.) or a comparable 
     State law, other than any of the violations listed in 
     subparagraph (A)(x).
       ``(C) Under want warrant, or indictment.--An applicant who 
     is wanted, or under indictment, in any civilian or military 
     jurisdiction for a felony listed in this paragraph, is 
     disqualified from being issued a biometric transportation 
     security card under subsection (b) until the want or warrant 
     is released or the indictment is dismissed.
       ``(D) Determination of arrest status.--
       ``(i) In general.--If a fingerprint-based check discloses 
     an arrest for a disqualifying crime listed in this section 
     without indicating a disposition, the Transportation Security 
     Administration shall notify the applicant of such disclosure 
     and provide the applicant with instructions on how the 
     applicant can clear the disposition, in accordance with 
     clause (ii).
       ``(ii) Burden of proof.--In order to clear a disposition 
     under this subparagraph, an applicant shall submit written 
     proof to the Transportation Security Administration, not 
     later than 60 days after receiving notification under clause 
     (i), that the arrest did not result in conviction for the 
     disqualifying criminal offense.
       ``(iii) Notification of disqualification.--If the 
     Transportation Security Administration does not receive proof 
     in accordance with the Transportation Security 
     Administration's procedures for waiver of criminal offenses 
     and appeals, the Transportation Security Administration shall 
     notify--

       ``(I) the applicant that he or she is disqualified from 
     being issued a biometric transportation security card under 
     subsection (b);
       ``(II) the State that the applicant is disqualified, in the 
     case of a hazardous materials endorsement; and
       ``(III) the Coast Guard that the applicant is disqualified, 
     if the applicant is a mariner.

       ``(E) Other potential disqualifications.--Except as 
     provided under subparagraphs (A) through (C), an individual 
     may not be denied a transportation security card under 
     subsection (b) unless the Secretary determines that 
     individual--
       ``(i) has been convicted within the preceding 7-year period 
     of a felony or found not guilty by reason of insanity of a 
     felony--

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

       ``(ii) has been released from incarceration within the 
     preceding 5-year period for committing a felony described in 
     clause (i);
       ``(iii) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
       ``(iv) otherwise poses a terrorism security risk to the 
     United States.''.
       (b) Conforming Amendment.--Section 70101 of title 49, 
     United States Code, is amended--
       (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7); and
       (2) by inserting after paragraph (1) the following:
       ``(2) The term `economic disruption' does not include a 
     work stoppage or other employee-related action not related to 
     terrorism and resulting from an employer-employee dispute.''.
                                 ______
                                 
  SA 280. Mr. SALAZAR (for himself, Mr. Chambliss, Mr. Isakson, and Mr. 
Pryor) submitted an amendment intended to be proposed to amendment SA 
275 proposed by Mr. Reid (for himself, Mr. Lieberman, and Ms. Collins) 
to the bill 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RURAL POLICING INSTITUTE.

       (a) In General.--There is established a Rural Policing 
     Institute, which shall be administered by the Office of State 
     and Local Training of the Federal Law Enforcement Training 
     Center (based in Glynco, Georgia), to--
       (1) evaluate the needs of law enforcement agencies of units 
     of local government and tribal governments located in rural 
     areas;
       (2) develop expert training programs designed to address 
     the needs of rural law enforcement agencies regarding 
     combating methamphetamine addiction and distribution, 
     domestic violence, law enforcement response related to school 
     shootings, and other topics identified in the evaluation 
     conducted under paragraph (1);
       (3) provide the training programs described in paragraph 
     (2) to law enforcement agencies of units of local government 
     and tribal governments located in rural areas; and
       (4) conduct outreach efforts to ensure that training 
     programs under the Rural Policing Institute reach law 
     enforcement officers of units of local government and tribal 
     governments located in rural areas.
       (b) Curricula.--The training at the Rural Policing 
     Institute established under subsection (a) shall be 
     configured in a manner so as to not duplicate or displace any 
     law enforcement program of the Federal Law Enforcement 
     Training Center in existence on the date of enactment of this 
     Act.
       (c) Definition.--In this section, the term ``rural'' means 
     area that is not located in a metropolitan statistical area, 
     as defined by the Office of Management and Budget.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section (including for 
     contracts, staff, and equipment)--
       (1) $10,000,000 for fiscal year 2008; and
       (2) $5,000,000 for each of fiscal years 2009 through 2013.
                                 ______
                                 
  SA 281. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed to amendment SA 275 proposed by Mr. 
Reid (for himself, Mr. Lieberman, and Ms. Collins) to the bill 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

[[Page S2430]]

improve homeland security, and for other purposes; as follows:

       At the appropriate place, insert the following:

              TITLE __--BORDER LAW ENFORCEMENT RELIEF ACT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Border Law Enforcement 
     Relief Act of 2007''.

     SEC. __02. FINDINGS.

       Congress finds the following:
       (1) It is the obligation of the Federal Government of the 
     United States to adequately secure the Nation's borders and 
     prevent the flow of undocumented persons and illegal drugs 
     into the United States.
       (2) Despite the fact that the United States Border Patrol 
     apprehends over 1,000,000 people each year trying to 
     illegally enter the United States, according to the 
     Congressional Research Service, the net growth in the number 
     of unauthorized aliens has increased by approximately 500,000 
     each year. The Southwest border accounts for approximately 94 
     percent of all migrant apprehensions each year. Currently, 
     there are an estimated 11,000,000 unauthorized aliens in the 
     United States.
       (3) The border region is also a major corridor for the 
     shipment of drugs. According to the El Paso Intelligence 
     Center, 65 percent of the narcotics that are sold in the 
     markets of the United States enter the country through the 
     Southwest Border.
       (4) Border communities continue to incur significant costs 
     due to the lack of adequate border security. A 2001 study by 
     the United States-Mexico Border Counties Coalition found that 
     law enforcement and criminal justice expenses associated with 
     illegal immigration exceed $89,000,000 annually for the 
     Southwest border counties.
       (5) In August 2005, the States of New Mexico and Arizona 
     declared states of emergency in order to provide local law 
     enforcement immediate assistance in addressing criminal 
     activity along the Southwest border.
       (6) While the Federal Government provides States and 
     localities assistance in covering costs related to the 
     detention of certain criminal aliens and the prosecution of 
     Federal drug cases, local law enforcement along the border 
     are provided no assistance in covering such expenses and must 
     use their limited resources to combat drug trafficking, human 
     smuggling, kidnappings, the destruction of private property, 
     and other border-related crimes.
       (7) The United States shares 5,525 miles of border with 
     Canada and 1,989 miles with Mexico. Many of the local law 
     enforcement agencies located along the border are small, 
     rural departments charged with patrolling large areas of 
     land. Counties along the Southwest United States-Mexico 
     border are some of the poorest in the country and lack the 
     financial resources to cover the additional costs associated 
     with illegal immigration, drug trafficking, and other border-
     related crimes.
       (8) Federal assistance is required to help local law 
     enforcement operating along the border address the unique 
     challenges that arise as a result of their proximity to an 
     international border and the lack of overall border security 
     in the region

     SEC. __03. BORDER RELIEF GRANT PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary is authorized to award 
     grants, subject to the availability of appropriations, to an 
     eligible law enforcement agency to provide assistance to such 
     agency to address--
       (A) criminal activity that occurs in the jurisdiction of 
     such agency by virtue of such agency's proximity to the 
     United States border; and
       (B) the impact of any lack of security along the United 
     States border.
       (2) Duration.--Grants may be awarded under this subsection 
     during fiscal years 2007 through 2011.
       (3) Competitive basis.--The Secretary shall award grants 
     under this subsection on a competitive basis, except that the 
     Secretary shall give priority to applications from any 
     eligible law enforcement agency serving a community--
       (A) with a population of less than 50,000; and
       (B) located no more than 100 miles from a United States 
     border with--
       (i) Canada; or
       (ii) Mexico.
       (b) Use of Funds.--Grants awarded pursuant to subsection 
     (a) may only be used to provide additional resources for an 
     eligible law enforcement agency to address criminal activity 
     occurring along any such border, including--
       (1) to obtain equipment;
       (2) to hire additional personnel;
       (3) to upgrade and maintain law enforcement technology;
       (4) to cover operational costs, including overtime and 
     transportation costs; and
       (5) such other resources as are available to assist that 
     agency.
       (c) Application.--
       (1) In general.--Each eligible law enforcement agency 
     seeking a grant under this section shall submit an 
     application to the Secretary at such time, in such manner, 
     and accompanied by such information as the Secretary may 
     reasonably require.
       (2) Contents.--Each application submitted pursuant to 
     paragraph (1) shall--
       (A) describe the activities for which assistance under this 
     section is sought; and
       (B) provide such additional assurances as the Secretary 
     determines to be essential to ensure compliance with the 
     requirements of this section.
       (d) Definitions.--For the purposes of this section:
       (1) Eligible law enforcement agency.--The term ``eligible 
     law enforcement agency'' means a tribal, State, or local law 
     enforcement agency--
       (A) located in a county no more than 100 miles from a 
     United States border with--
       (i) Canada; or
       (ii) Mexico; or
       (B) located in a county more than 100 miles from any such 
     border, but where such county has been certified by the 
     Secretary as a High Impact Area.
       (2) High impact area.--The term ``High Impact Area'' means 
     any county designated by the Secretary as such, taking into 
     consideration--
       (A) whether local law enforcement agencies in that county 
     have the resources to protect the lives, property, safety, or 
     welfare of the residents of that county;
       (B) the relationship between any lack of security along the 
     United States border and the rise, if any, of criminal 
     activity in that county; and
       (C) any other unique challenges that local law enforcement 
     face due to a lack of security along the United States 
     border.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of Homeland Security.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated 
     $50,000,000 for each of fiscal years 2007 through 2011 to 
     carry out the provisions of this section.
       (2) Division of authorized funds.--Of the amounts 
     authorized under paragraph (1)--
       (A) \2/3\ shall be set aside for eligible law enforcement 
     agencies located in the 6 States with the largest number of 
     undocumented alien apprehensions; and
       (B) \1/3\ shall be set aside for areas designated as a High 
     Impact Area under subsection (d).
       (f) Supplement Not Supplant.--Amounts appropriated for 
     grants under this section shall be used to supplement and not 
     supplant other State and local public funds obligated for the 
     purposes provided under this title.

     SEC. __04. ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

       Nothing in this title shall be construed to authorize State 
     or local law enforcement agencies or their officers to 
     exercise Federal immigration law enforcement authority.
                                 ______
                                 
  SA 282. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill 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; which was ordered to lie on 
the table; as follows:

       On page 68, strike lines 22 through 25 and insert the 
     following:
       ``(I) the extent to which the State has unmet target 
     capabilities;
       ``(J) the presence or transportation in the State of 
     special nuclear material or transuranic waste (as those terms 
     are defined in section 11 of the Atomic Energy Act of 1954 
     (42 U.S.C. 2014)) or waste derived from special nuclear 
     material or transuranic waste; and
       ``(K) such other factors as are specified in writing by the 
     Administrator;
                                 ______
                                 
  SA 283. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 275 proposed by Mr. Reid (for himself, Mr. Lieberman, 
and Ms. Collins) to the bill 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; which was ordered to lie on 
the table; as follows:

       On page 151, line 16, strike ``information'' and insert 
     ``information use, collection, storage, disclosure, and''.
                                 ______
                                 
  SA 284. Mr. REID (for Mr. Biden) submitted an amendment intended to 
be proposed to amendment SA 275 proposed by Mr. Reid (for himself, Mr. 
Lieberman, and Ms. Collins) to the bill 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; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

     SEC. 1505. HOMELAND SECURITY TRUST FUND.

       (a) Definitions.--In this section:
       (1) Trust fund.--The term ``Trust Fund'' means the Homeland 
     Security and Neighborhood Safety Trust Fund established under 
     subsection (b).
       (2) Commission.--The term ``Commission'' means the National 
     Commission on Terrorist Attacks upon the United States, 
     established under title VI of the Intelligence Authorization 
     Act for Fiscal Year 2003 (Public Law 107-306; 6 U.S.C. 101 
     note).

[[Page S2431]]

       (b) Homeland Security and Neighborhood Safety Trust Fund.--
       (1) Establishment of trust fund.--There is established in 
     the Treasury of the United States a trust fund to be known as 
     the ``Homeland Security and Neighborhood Safety Trust Fund'', 
     consisting of such amounts as may be appropriated or credited 
     to the Trust Fund.
       (2) Rules regarding transfers to and management of trust 
     fund.--For purposes of this section, rules similar to the 
     rules of sections 9601 and 9602 of the Internal Revenue Code 
     of 1986 shall apply.
       (3) Distribution of amounts in trust fund.--Amounts in the 
     Trust Fund shall be available, as provided by appropriation 
     Acts, for making expenditures for fiscal years 2008 through 
     2012 to meet those obligations of the United States incurred 
     which are authorized under subsection (d) for such fiscal 
     years.
       (4) Sense of the senate.--It is the sense of the Senate 
     that the Committee on Finance of the Senate should report to 
     the Senate not later than 30 days after the date of the 
     enactment of this Act legislation which--
       (A) increases revenues to the Treasury in the amount of 
     $53,300,000,000 during taxable years 2008 through 2012 by 
     reducing scheduled and existing income tax reductions enacted 
     since taxable year 2001 with respect to the taxable incomes 
     of taxpayers in excess of $1,000,000, and
       (B) appropriates an amount equal to such revenues to the 
     Homeland Security and Neighborhood Safety Trust Fund.
       (c) Preventing Terror Attacks on the Homeland.--
       (1) Authorization of appropriations for supporting law 
     enforcement.--There are authorized to be appropriated from 
     the Trust Fund--
       (A) $1,150,000,000 for each of the fiscal years 2008 
     through 2012 for the Office of Community Oriented Policing 
     Services for grants to State, local, and tribal law 
     enforcement to hire officers, purchase technology, conduct 
     training, and to develop local counterterrorism units;
       (B) $900,000,000 for each of the fiscal years 2008 through 
     2012 for the Justice Assistance Grant; and
       (C) $500,000,000 for each of the fiscal years 2008 through 
     2012 for the Law Enforcement Terrorism Prevention Grant 
     Program.
       (2) Authorization of appropriations for responding to 
     terrorist attacks and natural disasters.--There are 
     authorized to be appropriated from the Trust Fund--
       (A) $500,000,000 for each of fiscal years 2008 through 2012 
     for the Federal Emergency Management Agency for Fire Act 
     Grants; and
       (B) $500,000,000 for each of fiscal years 2008 through 2012 
     for the Federal Emergency Management Agency for SAFER Grants.
       (d) Authorization of Appropriations for Additional 
     Activities for Homeland Security.--There are authorized to be 
     appropriated from the Trust Fund such sums as necessary for--
       (1) the implementation of all the recommendations of the 
     Commission, including the provisions of this section;
       (2) fully funding the grant programs authorized under this 
     section and any grant program administered by the Department;
       (3) improving airline passenger screening and cargo 
     scanning;
       (4) improving information sharing and communications 
     interoperability;
       (5) supporting State and local government law enforcement 
     and first responders, including enhancing communications 
     interoperability and information sharing;
       (6) ensuring the inspection and scanning of 100 percent of 
     cargo containers destined for ports in the United States and 
     to ensure scanning of domestic air cargo;
       (7) protecting critical infrastructure and other high 
     threat targets such as passenger rail, freight rail, and 
     transit systems, chemical and nuclear plants;
       (8) enhancing the preparedness of the public health sector 
     to prevent and respond to acts of biological and nuclear 
     terrorism;
       (9) the development of scanning technologies to detect 
     dangerous substances at United States ports of entry; and
       (10) other high risk targets of interest, including 
     nonprofit organizations and in the private sector.
                                 ______
                                 
  SA 285. Mr. INOUYE (for himself, Mr. Stevens, Mr. Lieberman, and Mrs. 
Murray) proposed an amendment to amendment SA 275 proposed by Mr. Reid 
(for himself, Mr. Lieberman, and Ms. Collins) to the bill 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; 
which was ordered to lie on the table; as follows:

         At the appropriate place, insert the following:

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

         (a) In General.--Section 70105 of title 46, United States 
     Code, is amended--
         (1) in subsection (b)(1), by striking ``decides that the 
     individual poses a security risk under subsection (c)'' and 
     inserting ``determines under subsection (c) that the 
     individual poses a security risk''; and
         (2) in subsection (c), by amending paragraph (1) to read 
     as follows:
         ``(1) Disqualifications.--
         ``(A) Permanent disqualifying criminal offenses.--Except 
     as provided under paragraph (2), an individual is permanently 
     disqualified from being issued a biometric transportation 
     security card under subsection (b) if the individual has been 
     convicted, or found not guilty by reason of insanity, in a 
     civilian or military jurisdiction of any of the following 
     felonies:
         ``(i) Espionage or conspiracy to commit espionage.
         ``(ii) Sedition or conspiracy to commit sedition.
         ``(iii) Treason or conspiracy to commit treason.
         ``(iv) A Federal crime of terrorism (as defined in 
     section 2332b(g) of title 18), a comparable State law, or 
     conspiracy to commit such crime.
         ``(v) A crime involving a transportation security 
     incident.
         ``(vi) Improper transportation of a hazardous material 
     under section 5124 of title 49, or a comparable State law.
         ``(vii) Unlawful possession, use, sale, distribution, 
     manufacture, purchase, receipt, transfer, shipping, 
     transporting, import, export, storage of, or dealing in an 
     explosive or explosive device. In this clause, an explosive 
     or explosive device includes--

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

         ``(viii) Murder.
         ``(ix) Making any threat, or maliciously conveying false 
     information knowing the same to be false, concerning the 
     deliverance, placement, or detonation of an explosive or 
     other lethal device in or against a place of public use, a 
     State or other government facility, a public transportation 
     system, or an infrastructure facility.
         ``(x) A violation of the Racketeer Influenced and Corrupt 
     Organizations Act (18 U.S.C. 1961 et seq.), or a comparable 
     State law, if 1 of the predicate acts found by a jury or 
     admitted by the defendant consists of 1 of the crimes listed 
     in this subparagraph.
         ``(xi) Attempt to commit any of the crimes listed in 
     clauses (i) through (iv).
         ``(xii) Conspiracy or attempt to commit any of the crimes 
     described in clauses (v) through (x).
         ``(B) Interim disqualifying criminal offenses.--Except as 
     provided under paragraph (2), an individual is disqualified 
     from being issued a biometric transportation security card 
     under subsection (b) if the individual has been convicted, or 
     found not guilty by reason of insanity, during the 7-year 
     period ending on the date on which the individual applies for 
     such card, or was released from incarceration during the 5-
     year period ending on the date on which the individual 
     applies for such card, of any of the following felonies:
         ``(i) Unlawful possession, use, sale, manufacture, 
     purchase, distribution, receipt, transfer, shipping, 
     transporting, delivery, import, export of, or dealing in a 
     firearm or other weapon. In this clause, a firearm or other 
     weapon includes--

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

         ``(ii) Extortion.
         ``(iii) Dishonesty, fraud, or misrepresentation, 
     including identity fraud and money laundering if the money 
     laundering is related to a crime described in this 
     subparagraph or subparagraph (A). In this clause, welfare 
     fraud and passing bad checks do not constitute dishonesty, 
     fraud, or misrepresentation.
         ``(iv) Bribery.
         ``(v) Smuggling.
         ``(vi) Immigration violations.
         ``(vii) Distribution of, possession with intent to 
     distribute, or importation of a controlled substance.
         ``(viii) Arson.
         ``(ix) Kidnapping or hostage taking.
         ``(x) Rape or aggravated sexual abuse.
         ``(xi) Assault with intent to kill.
         ``(xii) Robbery.
         ``(xiii) Conspiracy or attempt to commit any of the 
     crimes listed in this subparagraph.
         ``(xiv) Fraudulent entry into a seaport under section 
     1036 of title 18, or a comparable State law.
         ``(xv) A violation of the Racketeer Influenced and 
     Corrupt Organizations Act (18 U.S.C. 1961 et seq.) or a 
     comparable State law, other than any of the violations listed 
     in subparagraph (A)(x).
         ``(C) Under want warrant, or indictment.--An applicant 
     who is wanted, or under indictment, in any civilian or 
     military jurisdiction for a felony listed in this paragraph, 
     is disqualified from being issued a biometric transportation 
     security card under subsection (b) until the want or warrant 
     is released or the indictment is dismissed.
         ``(D) Determination of arrest status.--
         ``(i) In general.--If a fingerprint-based check discloses 
     an arrest for a disqualifying

[[Page S2432]]

     crime listed in this section without indicating a 
     disposition, the Transportation Security Administration shall 
     notify the applicant of such disclosure and provide the 
     applicant with instructions on how the applicant can clear 
     the disposition, in accordance with clause (ii).
         ``(ii) Burden of proof.--In order to clear a disposition 
     under this subparagraph, an applicant shall submit written 
     proof to the Transportation Security Administration, not 
     later than 60 days after receiving notification under clause 
     (i), that the arrest did not result in conviction for the 
     disqualifying criminal offense.
         ``(iii) Notification of disqualification.--If the 
     Transportation Security Administration does not receive proof 
     in accordance with the Transportation Security 
     Administration's procedures for waiver of criminal offenses 
     and appeals, the Transportation Security Administration shall 
     notify--

         ``(I) the applicant that he or she is disqualified from 
     being issued a biometric transportation security card under 
     subsection (b);
         ``(II) the State that the applicant is disqualified, in 
     the case of a hazardous materials endorsement; and
         ``(III) the Coast Guard that the applicant is 
     disqualified, if the applicant is a mariner.

         ``(E) Other potential disqualifications.--Except as 
     provided under subparagraphs (A) through (C), an individual 
     may not be denied a transportation security card under 
     subsection (b) unless the Secretary determines that 
     individual--
         ``(i) has been convicted within the preceding 7-year 
     period of a felony or found not guilty by reason of insanity 
     of a felony--

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

         ``(ii) has been released from incarceration within the 
     preceding 5-year period for committing a felony described in 
     clause (i);
         ``(iii) may be denied admission to the United States or 
     removed from the United States under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.); or
         ``(iv) otherwise poses a terrorism security risk to the 
     United States.''.
         ``(F) Modification of listed offenses.--The Secretary may 
     by rulemaking, add or modify the offenses described in 
     paragraph (1)(A) or (B).''.
         (b) Conforming Amendment.--Section 70101 of title 49, 
     United States Code, is amended--
         (1) by redesignating paragraphs (2) through (6) as 
     paragraphs (3) through (7); and
         (2) by inserting after paragraph (1) the following:
         ``(2) The term `economic disruption' does not include a 
     work stoppage or other employee-related action not related to 
     terrorism and resulting from an employer-employee dispute.''.
                                 ______
                                 
  SA 286. Mr. SPECTER (for himself, Mr. Leahy, and Mr. Dodd) submitted 
an amendment intended to be proposed by him to the bill 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; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. RESTORATION OF HABEAS CORPUS FOR THOSE DETAINED BY 
                   THE UNITED STATES.

       (a) In General.--Section 2241 of title 28, United States 
     Code, is amended by striking subsection (e).
       (b) Title 10.--Section 950j of title 10, United States 
     Code, is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Limited Review of Military Commission Procedures and 
     Actions.--Except as otherwise provided in this chapter or in 
     section 2241 of title 28 or any other habeas corpus 
     provision, and notwithstanding any other provision of law, no 
     court, justice, or judge shall have jurisdiction to hear or 
     consider any claim or cause of action whatsoever, including 
     any action pending on or filed after the date of the 
     enactment of the Military Commissions Act of 2006, relating 
     to the prosecution, trial, or judgment of a military 
     commission under this chapter, including challenges to the 
     lawfulness of procedures of military commissions under this 
     chapter.''.
       (c) Effective Date and Applicability.--The amendments made 
     by this section shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to any case that is pending on or after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 287. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill 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; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CABLE CARRIAGE OF TELEVISON BROADCAST SIGNALS.

       Part I of title III of the Communications Act of 1934 (47 
     U.S.C. 301 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 342. CARRIAGE OF SIGNALS TO CERTAIN TELEVISION MARKET 
                   AREAS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, each cable operator providing service in an eligible 
     area may elect to carry the primary signal of any network 
     station located in the capital of the State in which such 
     area is located.
       ``(b) Definitions.--As used in this section:
       ``(1) Eligible area.--The term `eligible area' means 1 of 2 
     counties that--
       ``(A) are all in a single State;
       ``(B) on the date of enactment of this section, were each 
     located in--
       ``(i) the 46th largest designated market area for the year 
     2005 according to Nielsen Media Research; and
       ``(ii) a designated market area comprised principally of 
     counties located in another State; and
       ``(C) as a group had a total number of television 
     households that when combined did not exceed 30,000 for the 
     year 2005 according to Nielsen Media Research.
       ``(2) Network station.--The term `network station' has the 
     same meaning as in section 119(d) of title 17, United States 
     Code.''.

     SEC. __. SATELLITE CARRIAGE OF TELEVISION BROADCAST SIGNALS.

       Section 119(a)(2)(C) of title 17, United States Code, is 
     amended--
       (1) by redesignating clause (v) as clause (vi);
       (2) by inserting after clause (v) the following:
       ``(v) Further additional stations.--If 2 adjacent counties 
     in a single State are in a local market comprised principally 
     of counties located in another State, the statutory license 
     provided for in subparagraph (A) shall apply to the secondary 
     transmission by a satellite carrier to subscribers in those 2 
     counties of the primary transmissions of any network station 
     located in the capital of the State in which such 2 counties 
     are located, if--

       ``(I) the 2 counties are located in the 46th largest 
     designated market area for the year 2005 according to Nielsen 
     Media Research; and
       ``(II) the total number of television households in the 2 
     counties combined did not exceed 30,000 for the year 2005 
     according to Nielsen Media Research.''; and

       (3) in clause (vi) as redesignated, by striking ``and 
     (iv)'' and inserting ``(iv), and (v)''.

                          ____________________